[Congressional Record Volume 167, Number 201 (Thursday, November 18, 2021)]
[House]
[Pages H6375-H6595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         BUILD BACK BETTER ACT

  Mr. YARMUTH. Madam Speaker, pursuant to House Resolution 774, I call 
up the bill (H.R. 5376) to provide for reconciliation pursuant to title 
II of S. Con. Res. 14, and ask for its immediate consideration in the 
House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 774, an 
amendment in the nature of a substitute consisting of the text of Rules 
Committee Print 117-18, modified by the amendment printed in House 
Report 117-173, is adopted, and the bill, as amended, is considered 
read.
  The text of the bill, as amended, is as follows:

                               H.R. 5376

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

                   TITLE I--COMMITTEE ON AGRICULTURE

                     Subtitle A--General Provisions

     SEC. 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 
     on National Forest System land within the wildland-urban 
     interface;
       (2) $4,000,000,000 for, on a determination made solely by 
     the Secretary that hazardous fuels reduction projects within 
     the wildland-urban interface described in paragraph (1) have 
     been planned to protect, to the extent practicable, at-risk 
     communities, hazardous fuels reduction projects on National 
     Forest System land outside the wildland-urban interface that 
     are--
       (A) primarily noncommercial in nature, provided that, in 
     accordance with the best available science, the harvest of 
     merchantable materials shall be ecologically appropriate for 
     restoration and to enhance ecological health and function, 
     and any sale of merchantable materials under this paragraph 
     shall be limited to small diameter trees or biomass that are 
     a byproduct of hazardous fuel reduction projects;
       (B) collaboratively developed; and
       (C) carried out in a manner that enhances the ecological 
     integrity and achieves the restoration of a forest ecosystem; 
     maximizes the retention of old-growth and large trees, as 
     appropriate for the forest type; and prioritizes prescribed 
     fire as the primary means to achieve modified wildland fire 
     behavior;
       (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) $400,000,000 for vegetation management projects on 
     National Forest System land carried out in accordance with a 
     water source management plan or a watershed protection and 
     restoration action plan;
       (5) $400,000,000 for vegetation management projects on 
     National Forest System land that--
       (A) maintain, or contribute toward the restoration of, 
     reference old growth characteristics, including structure, 
     composition, function, and connectivity;
       (B) prioritize small diameter trees and prescribed fire to 
     modify fire behavior; 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, prioritized on the assessment of 
     watershed, ecological, and carbon conditions on National 
     Forest System land and 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 priority 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 priority 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 through 4370m-12);
       (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;
       (13) $50,000,000 to carry out post-fire recovery plans on 
     National Forest System land that emphasize the use of locally 
     adapted native plant materials to restore the ecological 
     integrity of disturbed areas and do not include salvage 
     logging; and
       (14) $50,000,000 to develop and carry out nonlethal 
     activities and tactics to reduce human-wildlife conflicts on 
     National Forest System land.
       (b) Priority for Funding.--For projects described in 
     paragraphs (1) through (5) of subsection (a), the Secretary 
     shall prioritize for implementation projects--
       (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 through 
     4370m-12) has been completed;
       (2) that are collaboratively developed; or
       (3) that include opportunities to restore sustainable 
     recreation infrastructure or access or

[[Page H6376]]

     accomplish other recreation outcomes on National Forest 
     System lands, 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, except such persons shall not be employed 
     by the Federal government or be representatives of foreign 
     entities; 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 the removal of vegetation, the use of prescribed 
     fire, the restoration of aquatic habitat, or 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'' has the meaning given the term in section 101 of 
     the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
       (e) Limitations.--Nothing in this section shall be 
     interpreted to authorize funds of the Commodity Credit 
     Corporation for activities under this section if such funds 
     are not expressly authorized or currently expended for such 
     purposes.
       (f) Cost-sharing Requirement.-- Any partnership agreements, 
     including cooperative agreements and mutual interest 
     agreements, using funds made available under this section 
     shall be subject to a non-Federal cost-share requirement of 
     not less than 20 percent of the project cost, which may be 
     waived at the discretion of the Secretary.

     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) $2,000,000,000 to award grants to Tribal, State, or 
     local governments or the government of the District of 
     Columbia, regional organizations, special districts, or 
     nonprofit organizations 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 
     (as defined in section 101 of the Healthy Forests Restoration 
     Act of 2003 (16 U.S.C. 6511));
       (2) $1,000,000,000 to award grants to Tribal, State, or 
     local governments or the government of the District of 
     Columbia, regional organizations, special districts, or 
     nonprofit organizations to implement community wildfire 
     protection plans (as defined in section 101 of the Healthy 
     Forests Restoration Act of 2003 (16 U.S.C. 6511)) in 
     existence on the date of the enactment of this Act, 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 Tribal, State, or local 
     governments or the government of the District of Columbia, 
     regional organizations, special districts, or nonprofit 
     organizations for projects on non-Federal land to aid in the 
     recovery and rehabilitation of burned forested areas, 
     including reforestation;
       (4) $175,000,000 to award grants to Tribal, State, or local 
     governments or the government of the District of Columbia, 
     regional organizations, special districts, or nonprofit 
     organizations 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) $150,000,000 for the State Fire Assistance and 
     Volunteer Fire Assistance programs established under the 
     Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 
     through 2114) to be distributed at the discretion of the 
     Secretary;
       (6) $150,000,000 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 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;
       (12) $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;
       (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)) 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;
       (14) $775,000,000 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 
     the amount of such a grant shall be not more than $5,000,000; 
     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 a priority shall be placed on 
     projects that create a financial model for addressing forest 
     restoration needs on public or private forest land; and
       (15) $50,000,000 for the research mission area of the 
     Forest Service to carry out greenhouse

[[Page H6377]]

     gas life cycle analyses of domestic wood products.
       (b) Funding for Restoration on Non-Federal Areas by 
     States.--The Secretary may use amounts made available by this 
     section to carry out eligible projects as determined by the 
     Secretary, authorized in subsection (a) on non-Federal land 
     upon the request of the Governor of that State, or, in the 
     case of the District of Columbia, the Mayor.
       (c) Cost-sharing Requirement.--Any partnership agreements, 
     including cooperative agreements and mutual interest 
     agreements, using funds made available under this section 
     shall be subject to a non-Federal cost-share requirement of 
     not less than 20 percent of the project cost, which may be 
     waived at the discretion of the Secretary.
       (d) Limitations.--Nothing in this section shall be 
     interpreted to authorize funds of the Commodity Credit 
     Corporation for activities under this section if such funds 
     are not expressly authorized or currently expended for such 
     purposes.

     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 States 
     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, with priority 
     given to grant applications that offer significant natural 
     carbon sequestration benefits, contribute to the resilience 
     of community infrastructure, local economies, or natural 
     systems, or provide benefits to underserved populations;
       (2) $2,500,000,000 to provide multi-year, programmatic, 
     competitive grants to a State agency, a local governmental 
     entity, and agency or governmental entity of the District of 
     Columbia, 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 tree equity and community 
     tree canopy and associated societal and climate co-benefits, 
     with a priority for projects that benefit underserved 
     populations; 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) Waiver.--Any non-Federal cost-share requirement 
     otherwise applicable to projects carried out under this 
     section may be waived at the discretion of the Secretary.

     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; 
     or
       (B) under which any payment could be outlaid or funds 
     disbursed after September 30, 2031; or
       (2) use any other funds available to the Secretary to 
     satisfy obligations initially made under this subtitle.

     SEC. 11005. APPROPRIATIONS.

       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, 
     for administrative costs of the agencies and offices of the 
     Department of Agriculture for costs related to implementing 
     this subtitle.

   Subtitle C--Rural Development and Agricultural Credit and Outreach

                       PART 1--RURAL DEVELOPMENT

     SEC. 12001. 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), $97,000,000, 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 
     persistent poverty counties (or, notwithstanding any 
     population limits specified in section 343 of 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), Tribal lands, colonias, and insular areas, subject 
     to the condition that the performance of any construction 
     work completed with amounts provided under this section meet 
     the condition described in section 9003(f) of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 8103(f)).

     SEC. 12002. USDA RURAL WATER GRANTS FOR LEAD REMEDIATION.

       In addition to amounts otherwise made 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), $970,000,000, to remain available 
     until September 30, 2031, notwithstanding section 
     306C(a)(2)(A) of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1926c(a)(2)(A)), for grants under sections 
     306C(a)(1)(A) and 306(a)(2) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1926c(a)(1)(A) and 
     1926(a)(2)) for the purpose of replacement of service lines 
     that contain lead, subject to the condition that the 
     performance of any construction work completed with amounts 
     provided under this section meet the condition described in 
     section 9003(f) of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8103(f)).

     SEC. 12003. ADDITIONAL FUNDING FOR ELECTRIC LOANS FOR 
                   RENEWABLE ENERGY.

       (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, $2,880,000,000, to remain available until 
     September 30, 2031, for the cost of loans under section 317 
     of the Rural Electrification Act of 1936 (7 U.S.C. 940g), 
     including for projects that store electricity that supports 
     the types of eligible projects under such section, which 
     shall be forgiven in whole or in part based on how the 
     borrower and the project meets the terms and conditions for 
     loan forgiveness consistent with the purposes of such section 
     established by the Secretary, subject to the condition that 
     the performance of any construction work completed with 
     amounts provided under this section meet the condition 
     described in section 9003(f) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8103(f)).
       (b) Limitation.--The Secretary shall not enter into any 
     loan agreement pursuant to this section that could result in 
     disbursements after September 30, 2031.

     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 section 6407 of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 8107a) 
     and this section, subject to the condition that the 
     performance of any construction work completed with amounts 
     provided under this section meet the condition described in 
     section 9003(f) of such Act (7 U.S.C. 8103(f)).
       (b) Use of Funds.--
       (1) In general.--Except as provided in paragraph (2) of 
     this subsection, at the election of an eligible entity (as 
     defined in section 6407(b) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8107a(b))) 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 (as defined in 
     section 6407(b) of such Act) in a persistent poverty county 
     (as determined by the Secretary), the percentage limitation 
     in paragraph (1) of this subsection shall be 10 percent.
       (c) Limitation.--The Secretary shall not enter into any 
     loan agreement pursuant to this section that could result in 
     disbursements after September 30, 2031, or any grant 
     agreement pursuant to this section that could result in any 
     outlays after September 30, 2031.

     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 section 9007 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8107) and subject to 
     the conditions that the performance of any construction work 
     completed with amounts provided under this subsection meet 
     the condition described in section 9003(f) of such Act, and 
     notwithstanding section 9007(c)(3)(A) of such Act, the amount 
     of a grant shall not exceed 50 percent of the cost of the 
     activity carried out using the grant funds--
       (1) $820,250,000 for fiscal year 2022, to remain available 
     until September 30, 2031; and
       (2) $180,276,500 for each of fiscal years 2023 through 
     2027, to remain available until 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 
     loans guaranteed by the Secretary (including the costs of 
     such loans) under the program described in subsection (a) of 
     this section relating to underutilized renewable energy 
     technologies, and to provide technical assistance for 
     applying to the program described in subsection (a) of this 
     section, including for underutilized renewable energy 
     technologies, subject to the conditions that the performance 
     of any construction work completed with amounts provided 
     under this subsection meet the condition described in section 
     9003(f) of such Act and, 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 shall 
     not exceed 50 percent of

[[Page H6378]]

     the cost of the activity carried out using the grant funds, 
     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) of this section--
       (1) $144,750,000 for fiscal year 2022, to remain available 
     until September 30, 2031; and
       (2) $31,813,500 for each of fiscal years 2023 through 2027, 
     to remain available until September 30, 2031.
       (c) Limitation.--The Secretary shall not enter into any 
     loan agreement pursuant to this section that could result in 
     disbursements after September 30, 2031 or any grant agreement 
     pursuant to this section that could result in any outlays 
     after September 30, 2031.

     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, for which the 
     Federal share shall be not more than 75 percent of the total 
     cost of carrying out a project for which the grant is 
     provided, on a competitive basis, to transportation fueling 
     facilities and distribution facilities, including fueling 
     stations, convenience stores, hypermarket retailer fueling 
     stations, fleet facilities, as well as fuel terminal 
     operations, mid-stream partners, and heating oil distribution 
     facilities or equivalent entities, subject to the condition 
     that the performance of any construction work completed with 
     amounts provided under this section shall meet the condition 
     described in section 9003(f) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8103(f))--
       (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 related to dispensing certain biofuels blends to 
     ensure the increased sales of fuels with high levels of 
     commodity-based ethanol and biodiesel that are at or greater 
     than the levels required in the Notice of Funding 
     Availability for the Higher Blends Infrastructure Incentive 
     Program for Fiscal Year 2020, published in volume 85 of the 
     Federal Register (85 Fed. Reg. 26656), 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) Limitation.--The Secretary may not limit the amount of 
     funding an eligible entity may receive under this section.

     SEC. 12007. USDA ASSISTANCE FOR RURAL ELECTRIC COOPERATIVES.

       (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, for the long-term resiliency, 
     reliability, and affordability of rural electric systems, by 
     providing to an eligible entity (defined as an electric 
     cooperative described in section 501(c)(12) or 1381(a)(2) of 
     the Internal Revenue Code of 1986 and is or has been a Rural 
     Utilities Service electric loan borrower pursuant to the 
     Rural Electrification Act of 1936 or serving a predominantly 
     rural area) assistance under paragraphs (1) and (2) by 
     awarding such assistance to eligible entities for purposes 
     described in section 310B(a)(2)(C) of the Consolidated Farm 
     and Rural Development Act (provided that the term renewable 
     energy system in that paragraph has the meaning given such 
     term in section 9001(16) of the Farm Security and Rural 
     Investment Act of 2002) and for carbon capture and storage 
     systems, that will achieve the greatest reduction in 
     greenhouse gas emissions associated with rural electric 
     systems using such assistance and that will otherwise aid 
     disadvantaged rural communities (as determined by the 
     Secretary), subject to the condition that any construction 
     work completed with amounts provided under this section shall 
     meet the condition described in section 9003(f) of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 8103(f)), 
     when--
       (1) making grants and loans (including the cost of loans 
     and modifications thereof) to purchase renewable energy (as 
     defined in section 9001(15) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8101(15))), purchase 
     renewable energy systems (as defined in section 9001(16) of 
     that Act (7 U.S.C. 8101(16))), and carbon capture and storage 
     systems, deploy such 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 operating on nonrenewable energy; 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) Prohibition.--Nothing in this section shall be 
     interpreted to authorize funds of the Commodity Credit 
     Corporation for activities under this section if such funds 
     are not expressly authorized or currently expended for such 
     purposes.

     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, $873,000,000, to remain available until 
     September 30, 2031, to provide grants to support rural 
     development under this subsection, subject to the condition 
     that 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, except that the Secretary may waive such 
     matching requirement on a finding that the recipient of the 
     applicable grant is economically distressed.
       (2) Allocation of funds.--
       (A) Formula.--The Secretary shall establish a formula 
     pursuant to which the Secretary shall allocate, for each 
     State and for Tribal governments, 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 Tribal governments, 
     with higher amounts provided based on lower populations and 
     lower income levels, as determined by the Secretary.
       (ii) Award.--In awarding grants under this subsection to 
     eligible applicants in each State and eligible applicants of 
     Tribal governments, the Secretary shall give priority to 
     eligible applicants representing a micropolitan statistical 
     area (as defined by the Office of Management and Budget in 
     OMB Bulletin No. 20-01 (effective March 2020) and any 
     subsequent updates) and 1 or more rural areas contiguous to 
     that micropolitan statistical area or eligible applicants 
     representing high poverty areas (as determined by the 
     Secretary) provided that the Secretary may award additional 
     grants or funding under this subsection to implement 
     activities pursuant to a rural development plan upon the 
     Secretary's approval of the recipient's plan and report on 
     the use of each grant provided to the recipient under this 
     subsection.
       (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 entities representing a region composed 
     of 1 or more rural areas, including--
       (i) except as provided in subparagraph (B), 1 or more of--

       (I) a unit of local government;
       (II) a Tribal government; or
       (III) an authority, agency, or instrumentality of an entity 
     described in subclauses (I) or (II); and

       (ii) a qualified nonprofit or for-profit organization, as 
     determined by the Secretary;
       (B) does not include a member described in subparagraph 
     (A)(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 rural development, through aligning 
     government investment, leveraging nongovernmental resources, 
     building economic resilience, and aiding 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 in 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) 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.
       (b) Rural Prosperity Innovation Grants.--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, $97,000,000, to remain 
     available until September 30, 2031, to provide grants to 
     entities that have not received a grant under subsection (a) 
     and that is a qualified nonprofit corporation that serves 
     rural areas (as determined by the Secretary) or an 
     institution of higher education that serves rural areas (as 
     determined by the Secretary), subject to the condition that 
     the recipient of such grant shall contribute a non-Federal 
     match of 20 percent of the amount of the grant, which may be 
     used--
       (1) to support activities of the recipient relating to--
       (A) development and predevelopment planning aspects of 
     rural development; and
       (B) organizational capacity-building necessary to support 
     the rural development activities funded by the grant; and
       (2) to support the recipient of a grant under subsection 
     (a) in carrying out activities for which that grant was 
     provided.
       (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'' has the meaning given the 
     term in section 1404 of the National

[[Page H6379]]

     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3103).

     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, 
     $553,000,000, to remain available until September 30, 2031, 
     for administrative costs and salaries and expenses for the 
     Rural Development mission area and expenses of the agencies 
     and offices of the Department for costs related to 
     implementing this part.

                PART 2--AGRICULTURAL CREDIT AND OUTREACH

     SEC. 12101. ASSISTANCE FOR CERTAIN FARM LOAN BORROWERS.

       Section 1005 of the American Rescue Plan Act of 2021 
     (Public Law 117-2) is amended to read as follows:

     ``SEC. 1005. ASSISTANCE FOR CERTAIN FARM LOAN BORROWERS.

       ``(a) Appropriations.--In addition to amounts otherwise 
     available, there are appropriated to the Secretary for fiscal 
     year 2022, out of amounts in the Treasury not otherwise 
     appropriated, to remain available until September 30, 2031--
       ``(1) such sums as may be necessary for the cost of 
     payments under subsection (b); and
       ``(2) $1,020,000,000 to provide payments or loan 
     modifications or otherwise carry out the authorities under 
     section 331(b)(4) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1981(b)(4)), using a centralized 
     process administered from the national office, for Farm 
     Service Agency direct loan and loan guarantee borrowers, 
     focusing on borrowers who are at risk (as determined by the 
     Secretary of Agriculture using factors that may include 
     whether the borrower is a limited resource farmer or rancher, 
     the amount of payments received by the borrower during 
     calendar years 2020 and 2021 under the Coronavirus Food 
     Assistance Program of the Department of Agriculture, and 
     other factors, as determined by the Secretary).
       ``(b) Payments.--
       ``(1) In general.--The Secretary shall provide a payment in 
     an amount up to 100 percent of the outstanding indebtedness 
     of each economically distressed borrower on eligible farm 
     debt.
       ``(2) Other payments.--
       ``(A) In general.--For each farmer and rancher with 
     outstanding indebtedness on eligible farm debt that does not 
     qualify for a payment under paragraph (1), the Secretary 
     shall provide a payment that is equal to, subject to 
     subparagraph (B), the lesser of--
       ``(i) the amount of the outstanding indebtedness of the 
     farmer or rancher on eligible farm debt; and
       ``(ii) $150,000.
       ``(B) Reduction.--A payment determined under subparagraph 
     (A) shall be reduced by the amount equal to the sum obtained 
     by adding--
       ``(i) the total of the payments received by the farmer or 
     rancher during calendar year 2020 pursuant to the Coronavirus 
     Food Assistance Program of the Department of Agriculture; and
       ``(ii) the total of the payments received by the farmer or 
     rancher during calendar years 2018 and 2019 pursuant to the 
     Market Facilitation Program of the Department of Agriculture.
       ``(c) Definitions.--In this section:
       ``(1) Economically distressed borrower.--The term 
     `economically distressed borrower' means a farmer or rancher 
     that, as determined by the Secretary--
       ``(A) was 90 days or more delinquent with respect to an 
     eligible farm debt as of April 30, 2021;
       ``(B) was 90 days or more delinquent with respect to an 
     eligible farm debt as of December 31, 2020;
       ``(C) operates a farm or ranch whose headquarters of 
     operation, as determined by the Secretary, location is--
       ``(i) in a county with a poverty rate of not less than 20 
     percent, as determined--

       ``(I) in the 1990 or 2000 decennial census; or
       ``(II) in the Small Area Income and Poverty Estimates of 
     the Bureau of the Census for the most recent year for which 
     the Estimates are available as of the date of enactment of 
     the Act entitled `An Act to provide for reconciliation 
     pursuant to title II of S. Con. Res. 14';

       ``(ii) in a ZIP Code with a poverty rate of not less than 
     20 percent, as determined by the Secretary; or
       ``(iii) on land held in trust by the United States for the 
     benefit of an Indian Tribe or an individual Indian;
       ``(D) owes more interest than principal with respect to an 
     eligible farm debt as of July 31, 2021;
       ``(E) is undergoing bankruptcy or foreclosure or is in 
     other financially distressed categories, as determined by the 
     Secretary, as of July 31, 2021;
       ``(F) received a Department of Agriculture disaster set 
     aside after January 1, 2020;
       ``(G) has restructured an eligible farm debt 3 or more 
     times as of July 31, 2021; or
       ``(H) has restructured an eligible farm debt on or after 
     January 1, 2020.
       ``(2) Eligible farm debt.--
       ``(A) In general.--The term `eligible farm debt' means a 
     debt owed to the United States by a farmer or rancher that 
     was issued as a direct loan administered by the Farm Service 
     Agency under subtitle A, B, or C of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1922 through 1970) and was 
     outstanding or otherwise not paid as of December 31, 2020, or 
     July 31, 2021.
       ``(B) Amount.--The amount of eligible farm debt with 
     respect to a borrower shall be equal to the amount of 
     eligible farm debt outstanding as of a date determined by the 
     Secretary, but no sooner than the date of enactment of the 
     Act entitled `An Act to provide for reconciliation pursuant 
     to title II of S. Con Res. 14', plus the total of all loan 
     payments on eligible farm debt made by the borrower in 
     calendar year 2021.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.
       ``(d) Limitation.--The Secretary shall not enter into any 
     loan agreement pursuant to this section that could result in 
     disbursements after September 30, 2031 or any grant agreement 
     pursuant to this section that could result in any outlays 
     after September 30, 2031.''.

     SEC. 12102. USDA ASSISTANCE AND SUPPORT FOR UNDERSERVED 
                   FARMERS, RANCHERS, AND FORESTERS.

       Section 1006 of the American Rescue Plan Act of 2021 
     (Public Law 117-2) is amended to read as follows:

     ``SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR UNDERSERVED 
                   FARMERS, RANCHERS, FORESTERS.

       ``(a) Technical and Other Assistance.--In addition to 
     amounts otherwise available, there is appropriated to the 
     Secretary of Agriculture for fiscal year 2022, to remain 
     available until September 30, 2031, out of any money in the 
     Treasury not otherwise appropriated, $200,000,000 to provide 
     outreach, mediation, financial training, capacity building 
     training, cooperative development and agricultural credit 
     training and support, and other technical assistance on 
     issues concerning food, agriculture, agricultural credit, 
     agricultural extension, rural development, or nutrition to 
     underserved farmers, ranchers, or forest landowners, 
     including veterans, limited resource producers, beginning 
     farmers and ranchers, and farmers, ranchers, and forest 
     landowners living in high poverty areas.
       ``(b) Land Loss Assistance.--In addition to amounts 
     otherwise available, there is appropriated to the Secretary 
     of Agriculture for fiscal year 2022, to remain available 
     until September 30, 2031, out of any money in the Treasury 
     not otherwise appropriated, $200,000,000 to provide grants 
     and loans to eligible entities, as determined by the 
     Secretary, to improve land access (including heirs' property 
     and fractionated land issues) for underserved farmers, 
     ranchers, and forest landowners, including veterans, limited 
     resource producers, beginning farmers and ranchers, and 
     farmers, ranchers, and forest landowners living in high 
     poverty areas.
       ``(c) Equity Commissions.--In addition to amounts otherwise 
     available, there is appropriated to the Secretary of 
     Agriculture for fiscal year 2022, to remain available until 
     September 30, 2031, out of any money in the Treasury not 
     otherwise appropriated, $10,000,000 to fund the activities of 
     one or more equity commissions that will address racial 
     equity issues within the Department of Agriculture and the 
     programs of the Department of Agriculture.
       ``(d) Research, Education, and Extension.--In addition to 
     amounts otherwise available, there is appropriated to the 
     Secretary of Agriculture for fiscal year 2022, to remain 
     available until September 30, 2031, out of any money in the 
     Treasury not otherwise appropriated, $189,000,000 to support 
     and supplement agricultural research, education, and 
     extension, as well as scholarships and programs that provide 
     internships and pathways to agricultural sector or Federal 
     employment, for 1890 Institutions (as defined in section 2 of 
     the Agricultural, Research, Extension, and Education Reform 
     Act of 1998 (7 U.S.C. 7601)), 1994 Institutions (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)), Alaska 
     Native serving institutions and Native Hawaiian serving 
     institutions 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), Hispanic-serving institutions eligible 
     to receive grants under section 1455 of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3241), and the insular area institutions of 
     higher education located in the territories of the United 
     States, as referred to in section 1489 of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3361).
       ``(e) Discrimination Financial Assistance.--In addition to 
     amounts otherwise available, there is appropriated to the 
     Secretary of Agriculture for fiscal year 2022, to remain 
     available until September 30, 2031, out of any money in the 
     Treasury not otherwise appropriated, $750,000,000 for a 
     program to provide financial assistance to farmers, ranchers, 
     or forest landowners determined to have experienced 
     discrimination prior to January 1, 2021, in Department of 
     Agriculture farm lending programs, under which the amount of 
     financial assistance provided to a recipient may be not more 
     than $500,000 as appropriate in relation to any consequences 
     experienced from the discrimination, which program shall be 
     administered through 1 or more qualified nongovernmental 
     entities selected by the Secretary subject to standards set 
     and enforced by the Secretary, subject to the condition that 
     any selected entity administering the program shall return 
     the funds to the Secretary on the request of the Secretary if 
     the standards are not adequately carried out or the 
     administration of the program is not otherwise sufficient or 
     if any funds provided to the selected entity are not 
     distributed on the date that is 5 years after the date of 
     enactment of the Act entitled `An Act to provide for 
     reconciliation pursuant to title II of S. Con. Res. 14', and 
     any such returned funds shall be available for obligation for 
     any activity authorized under this section, except 
     subsections (c) and (f).
       ``(f) Administrative Costs.--In addition to amounts 
     otherwise available, there is appropriated to the Secretary 
     of Agriculture for fiscal year 2022, to remain available 
     until September 30, 2031, out of any money in the Treasury 
     not otherwise appropriated, $35,000,000 for administrative 
     costs, including training employees, of the agencies and 
     offices of the Department of Agriculture to carry out this 
     section.

[[Page H6380]]

       ``(g) Limitation.--The funds made available under 
     subsection (d) 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; or
       ``(B) under which any payment could be outlaid or funds 
     disbursed after September 30, 2031; or
       ``(2) use any other funds available to the Secretary to 
     satisfy obligations initially made under subsection (d).''.

               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 National Agricultural Statistics Service, 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, 
     $5,000,000 for fiscal year 2022;
       (2) to the National Institute of Food and Agriculture--
       (A) to fund 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)), 
     $210,000,000 for fiscal year 2022;
       (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), 
     $120,000,000 for fiscal year 2022;
       (iii) 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), $60,000,000 for fiscal year 2022;
       (iv) 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), $5,000,000 for fiscal year 2022;
       (v) 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)), $5,000,000 for fiscal year 2022;
       (vi) 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), $60,000,000 for fiscal year 2022;
       (vii) through the cooperative extension under the Smith-
     Lever Act (7 U.S.C. 341 through 349) for agricultural 
     extension activities and research relating to climate change, 
     technical assistance, and technology adoption, $80,000,000 
     for fiscal year 2022;
       (viii) 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)), $35,000,000 for fiscal year 
     2022; and
       (ix) 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), 
     $40,000,000 for fiscal year 2022;
       (B) 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), $1,000,000,000 for 
     fiscal year 2022, 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) 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), $100,000,000 for fiscal year 2022, to carry 
     out such program in fiscal years 2024 through 2031;
       (D) for grants to land-grant colleges and universities to 
     support Tribal students under section 1450 of that Act (7 
     U.S.C. 3222e), $15,000,000 for fiscal year 2022, and for 
     purposes of this subparagraph, section 1450(b)(4) of such Act 
     shall not apply; and
       (E) for the Higher Education Multicultural Scholars Program 
     carried out pursuant to section 1417 of that Act (7 U.S.C. 
     3152), $15,000,000 for fiscal year 2022;
       (3) 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), 
     $30,000,000 for fiscal year 2022;
       (4) 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 such section, $210,000,000 for fiscal year 2022;
       (5) to the Office of Urban Agriculture and Innovative 
     Production, to carry out activities in accordance with 
     section 222 of the Department of Agriculture Reorganization 
     Act of 1994 (7 U.S.C. 6923), $10,000,000 for fiscal year 
     2022.
       (b) Definitions.--In this section:
       (1) Covered institution.--The term ``covered institution'' 
     means--
       (A) an 1890 Institution (as defined in section 2 of the 
     Agricultural Research, Extension, and Education Reform Act of 
     1998 (7 U.S.C. 7601));
       (B) 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));
       (C) 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);
       (D) 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));
       (E) 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
       (F) 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 through 309).
       (2) State.--The term ``State'' has the meaning given the 
     term in section 1404 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).

     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; 
     or
       (B) under which any payment could be outlaid or funds 
     disbursed after September 30, 2031; or
       (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 OF 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.

     SEC. 14002. ADDITIONAL SUPPORT FOR FARMWORKER AND FOOD WORKER 
                   RELIEF GRANT PROGRAM.

       In addition to amounts otherwise available, there is 
     appropriated to the Secretary of Agriculture for fiscal year 
     2022 to remain available until September 30, 2031, out of any 
     money in the Treasury not otherwise appropriated, 
     $200,000,000 to provide additional funds to the Secretary for 
     the Farmworker and Food Worker Relief Grant Program of the 
     Agricultural Marketing Service to provide additional COVID-19 
     assistance relief payments for frontline grocery workers.

                        Subtitle F--Conservation

     SEC. 15001. SOIL CONSERVATION ASSISTANCE.

       (a) Appropriation.--In addition to amounts otherwise 
     available, there are appropriated to the Secretary of 
     Agriculture (referred to in this section as the 
     ``Secretary'') for each of fiscal years 2022 through 2028, 
     out of any money in the Treasury not otherwise appropriated, 
     such sums as are necessary to carry out this section, to 
     remain available until expended, subject to the conditions 
     that, for purposes of providing payments under subsections 
     (b), (c), and (d), the Secretary shall not--
       (1) enter into any agreement--
       (A) that is for a term extending beyond September 30, 2031; 
     or
       (B) under which any payment could be outlaid or funds 
     disbursed after September 30, 2031;
       (2) use any other funds available to the Secretary to 
     satisfy obligations initially made under this section; or
       (3) interpret this section to authorize funds of the 
     Commodity Credit Corporation for such payments if such funds 
     are not expressly authorized or currently expended for such 
     purposes.
       (b) Availability of Payments to Producers.--
       (1) In general.--Of the funds made available under 
     subsection (a), for each of the 2022 through 2026 crop years, 
     the Secretary shall make payments to the producers on a farm 
     for which the producer establishes 1 or more cover crop 
     practices with respect to the applicable crop year, as 
     determined by the Secretary, in accordance with this 
     subsection, subject to the condition that a producer 
     receiving a payment shall not receive a payment under any 
     other provision of law for the same practices on the same 
     acres.
       (2) Payment rate.--The payment rate used to make payments 
     with respect to a producer who establishes 1 or more cover 
     crop practices under paragraph (1) shall be $25 per acre of 
     cover crop established.
       (3) Acres established.--The acres for which a producer 
     receives the payment rate under paragraph (2) shall be equal 
     to the total number of acres on which the producer 
     establishes 1 or more cover crop practices, not to exceed 
     1,000 acres per producer.
       (c) Availability of Payments to Farm Owners.--
       (1) In general.--Of the funds made available under 
     subsection (a), for each of the 2022 through 2026 crop years, 
     the Secretary shall make payments to the owners of a farm 
     with respect to which a producer establishes 1 or more cover 
     crop practices pursuant to subsection (b), in accordance with 
     this subsection, subject to

[[Page H6381]]

     the condition that an owner of a farm may not receive a 
     payment under this subsection and subsection (b) for the same 
     farm or acres, as determined by the Secretary.
       (2) Payment rate.--The payment rate used to make payments 
     under paragraph (1) with respect to the owner of a farm shall 
     be $5 per acre of cover crop established.
       (3) Acres established.--The acres for which the owner of a 
     farm receives the payment rate under paragraph (2) shall be 
     equal to the total number of acres for which the applicable 
     producer establishes 1 or more cover crop practices, not to 
     exceed 1,000 acres per owner.
       (d) Availability of Payments for Prevented Planting.--
       (1) In general.--Of the funds made available under 
     subsection (a) and in addition to any other payments or 
     assistance, for the 2022 through 2026 crop years, the 
     Secretary shall make payments in accordance with this 
     subsection to producers on farms who establish 1 or more 
     cover crop practices pursuant to subsection (b).
       (2) Requirements.--To receive a payment under this 
     subsection, a producer--
       (A) shall have--
       (i) purchased a crop insurance policy or plan of insurance 
     under section 508(c) of the Federal Crop Insurance Act (7 
     U.S.C. 1508(c)) for the applicable crop year following the 
     establishment of the cover crop practice, as determined by 
     the Secretary;
       (ii) established a cover crop practice pursuant to 
     subsection (b) on the farm for which the insurance described 
     in clause (i) was purchased, as determined by the Secretary; 
     and
       (iii) been unable to plant the crop for which insurance was 
     purchased; and
       (B) as determined by the Secretary, shall not--
       (i) harvest the cover crop for market or sale;
       (ii) harvest the cover crop for seed for purposes of 
     marketing or sale, except that a quantity may be harvested 
     for seed for on-farm usage only; or
       (iii) otherwise use the acres for which payments are 
     received under this subsection for any unapproved uses or 
     other uses that seek to defeat or undermine the purposes of 
     this section.
       (3) Payment amount.--The Secretary shall make payments to 
     producers under this subsection in an amount equal to the 
     product obtained by multiplying--
       (A) the total number of acres for which the producer is 
     eligible to receive a payment under this subsection; and
       (B) the difference between--
       (i) 100 percent of the prevented planting guarantee, 
     calculated without regard to the establishment of the cover 
     crop practices pursuant to subsection (b), applicable for the 
     insurance policy purchased by the producer under section 508A 
     of the Federal Crop Insurance Act (7 U.S.C. 1508a), as 
     determined by the Secretary; and
       (ii) the prevented planting indemnity payment received by 
     the producer under that section and the policy purchased by 
     the producer for the applicable crop, as determined by the 
     Secretary.

     SEC. 15002. ADDITIONAL AGRICULTURAL CONSERVATION INVESTMENTS.

       (a) Appropriations.--In addition to amounts otherwise 
     available (and subject to subsection (b)), there are 
     appropriated to the Secretary of Agriculture (referred to in 
     this section as the ``Secretary''), out of any money in the 
     Treasury not otherwise appropriated, to remain available 
     until September 30, 2031 (subject to the condition that no 
     such funds may be disbursed after September 30, 2031)--
       (1) to carry out, using the facilities and authorities of 
     the Commodity Credit Corporation, the environmental quality 
     incentives program under subchapter A of chapter 4 of 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3839aa through 3839aa-8)--
       (A)(i) $300,000,000 for fiscal year 2022;
       (ii) $500,000,000 for fiscal year 2023;
       (iii) $1,750,000,000 for fiscal year 2024;
       (iv) $3,000,000,000 for fiscal year 2025; and
       (v) $3,450,000,000 for fiscal year 2026; and
       (B) subject to the conditions on the use of the funds 
     that--
       (i) section 1240B(f)(1) of the Food Security Act of 1985 
     (16 U.S.C. 3839aa-2(f)(1)) shall not apply;
       (ii) section 1240H(c)(2) of the Food Security Act of 1985 
     (16 U.S.C. 3839aa-8(c)(2)) shall be applied--

       (I) by substituting ``$50,000,000'' for ``$25,000,000''; 
     and
       (II) with the Secretary prioritizing proposals that utilize 
     diet and feed management to reduce enteric methane emissions 
     from ruminants;

       (iii) the funds shall be available for 1 or more 
     agricultural conservation practices or enhancements that the 
     Secretary determines directly improve soil carbon or reduce 
     nitrogen losses or greenhouse gas emissions, or capture or 
     sequester greenhouse gas emissions, associated with 
     agricultural production; and
       (iv) the Secretary shall prioritize projects and activities 
     that mitigate or address climate change through the 
     management of agricultural production, including by reducing 
     or avoiding greenhouse gas emissions;
       (2) to carry out, using the facilities and authorities of 
     the Commodity Credit Corporation, the conservation 
     stewardship program under subchapter B of that chapter (16 
     U.S.C. 3839aa-21 through 3839aa-25)--
       (A)(i) $250,000,000 for fiscal year 2022;
       (ii) $500,000,000 for fiscal year 2023;
       (iii) $850,000,000 for fiscal year 2024;
       (iv) $1,000,000,000 for fiscal year 2025; and
       (v) $1,500,000,000 for fiscal year 2026; and
       (B) subject to the conditions on the use of the funds 
     that--
       (i) the funds shall only be available for--

       (I) 1 or more agricultural conservation practices or 
     enhancements that the Secretary determines directly improve 
     soil carbon or reduce nitrogen losses or greenhouse gas 
     emissions, or capture or sequester greenhouse gas emissions, 
     associated with agricultural production; or
       (II) State-specific or region-specific groupings or bundles 
     of agricultural conservation activities for climate change 
     mitigation appropriate for cropland, pastureland, rangeland, 
     nonindustrial private forest land, and producers 
     transitioning to organic or perennial production systems; and

       (ii) the Secretary shall prioritize projects and activities 
     that mitigate or address climate change through the 
     management of agricultural production, including by reducing 
     or avoiding greenhouse gas emissions;
       (3) to carry out, using the facilities and authorities of 
     the Commodity Credit Corporation, the agricultural 
     conservation easement program under subtitle H of title XII 
     of that Act (16 U.S.C. 3865 through 3865d)--
       (A)(i) $100,000,000 for fiscal year 2022;
       (ii) $200,000,000 for fiscal year 2023;
       (iii) $300,000,000 for fiscal year 2024;
       (iv) $500,000,000 for fiscal year 2025; and
       (v) $600,000,000 for fiscal year 2026; and
       (B) subject to the condition on the use of the funds that 
     the Secretary shall prioritize projects and activities that 
     mitigate or address climate change through the management of 
     agricultural production, including by reducing or avoiding 
     greenhouse gas emissions; and
       (4) to carry out, using the facilities and authorities of 
     the Commodity Credit Corporation, the regional conservation 
     partnership program under subtitle I of title XII of that Act 
     (16 U.S.C. 3871 through 3871f)--
       (A)(i) $200,000,000 for fiscal year 2022;
       (ii) $500,000,000 for fiscal year 2023;
       (iii) $1,500,000,000 for fiscal year 2024;
       (iv) $2,250,000,000 for fiscal year 2025; and
       (v) $3,050,000,000 for fiscal year 2026; and
       (B) subject to the conditions on the use of the funds that 
     the Secretary--
       (i) shall prioritize partnership agreements under section 
     1271C(d) of the Food Security Act of 1985 (16 U.S.C. 
     3871c(d)) that support the implementation of conservation 
     projects that assist agricultural producers and nonindustrial 
     private forestland owners in directly improving soil carbon 
     or reducing nitrogen losses or greenhouse gas emissions, or 
     capturing or sequestering greenhouse gas emissions, 
     associated with agricultural production;
       (ii) shall prioritize projects and activities that mitigate 
     or address climate change through the management of 
     agricultural production, including by reducing or avoiding 
     greenhouse gas emissions; and
       (iii) may prioritize projects that--

       (I) leverage corporate supply chain sustainability 
     commitments; or
       (II) utilize models that pay for outcomes from targeting 
     methane and nitrous oxide emissions associated with 
     agricultural production systems.

       (b) Conditions.--The funds made available under this 
     section are subject to the conditions that the Secretary 
     shall not--
       (1) enter into any agreement--
       (A) that is for a term extending beyond September 30, 2031; 
     or
       (B) under which any payment could be outlaid or funds 
     disbursed after September 30, 2031; or
       (2) use any other funds available to the Secretary to 
     satisfy obligations initially made under this section.
       (c) Conforming Amendments.--
       (1) Section 1240B of the Food Security Act of 1985 (16 
     U.S.C. 3839aa-2) is amended--
       (A) in subsection (a), by striking ``2023'' and inserting 
     ``2031''; and
       (B) in subsection (f)(2)(B)--
       (i) in the subparagraph heading, by striking ``2023'' and 
     inserting ``2031''; and
       (ii) by striking ``2023'' and inserting ``2031''.
       (2) Section 1240H of the Food Security Act of 1985 (16 
     U.S.C. 3839aa-8) is amended by striking ``2023'' each place 
     it appears and inserting ``2031''.
       (3) Section 1240J(a) of the Food Security Act of 1985 (16 
     U.S.C. 3839aa-22(a)) is amended, in the matter preceding 
     paragraph (1), by striking ``2023'' and inserting ``2031''.
       (4) Section 1240L(h)(2)(A) of the Food Security Act of 1985 
     (16 U.S.C. 3839aa-24(h)(2)(A)) is amended by striking 
     ``2023'' and inserting ``2031''.
       (5) Section 1241 of the Food Security Act of 1985 (16 
     U.S.C. 3841) is amended--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``2023'' and inserting ``2031'';
       (ii) in paragraph (1), by striking ``2023'' each place it 
     appears and inserting ``2031'';
       (iii) in paragraph (2)(F), by striking ``2023'' and 
     inserting ``2031''; and
       (iv) in paragraph (3), by striking ``fiscal year 2023'' 
     each place it appears and inserting ``each of fiscal years 
     2023 through 2031'';
       (B) in subsection (b), by striking ``2023'' and inserting 
     ``2031''; and
       (C) in subsection (h)--
       (i) in paragraph (1)(B), in the subparagraph heading, by 
     striking ``2023'' and inserting ``2031''; and
       (ii) by striking ``2023'' each place it appears and 
     inserting ``2031''.
       (6) Section 1244(n)(3)(A) of the Food Security Act of 1985 
     (16 U.S.C. 3844(n)(3)(A)) is amended by striking ``2023'' and 
     inserting ``2031''.
       (7) Section 1271D(a) of the Food Security Act of 1985 (16 
     U.S.C. 3871d(a)) is amended by striking ``2023'' and 
     inserting ``2031''.

     SEC. 15003. CONSERVATION TECHNICAL ASSISTANCE.

       (a) Appropriations.--In addition to amounts otherwise 
     available (and subject to subsection (b)), there are 
     appropriated to the Secretary of Agriculture (referred to in 
     this section as the ``Secretary'') for fiscal year 2022, out 
     of any money in the Treasury not otherwise appropriated, to 
     remain available until September 30,

[[Page H6382]]

     2031 (subject to the condition that no such funds may be 
     disbursed after September 30, 2031)--
       (1) $200,000,000 to provide conservation technical 
     assistance through the Natural Resources Conservation 
     Service;
       (2) $50,000,000 to carry out climate change adaptation and 
     mitigation activities through the Natural Resources 
     Conservation Service by working with the Regional Climate 
     Hubs designed to provide information and technical support on 
     climate smart agriculture and forestry to agricultural 
     producers, landowners, and resource managers, as determined 
     by the Secretary; and
       (3) $600,000,000 to carry out a carbon sequestration and 
     greenhouse gas emissions quantification program through which 
     the Natural Resources Conservation Service, including through 
     technical service providers and other partners, shall collect 
     field-based data to assess the carbon sequestration and 
     greenhouse gas emissions reduction outcomes associated with 
     activities carried out pursuant to this section and use the 
     data to monitor and track greenhouse gas emissions and carbon 
     sequestration trends through the Greenhouse Gas Inventory and 
     Assessment Program of the Department of Agriculture.
       (b) Conditions.--The funds made available under this 
     section are subject to the conditions that the Secretary 
     shall not--
       (1) enter into any agreement--
       (A) that is for a term extending beyond September 30, 2031; 
     or
       (B) under which any payment could be outlaid or funds 
     disbursed after September 30, 2031;
       (2) use any other funds available to the Secretary to 
     satisfy obligations initially made under this section; or
       (3) interpret this section to authorize funds of the 
     Commodity Credit Corporation for activities under this 
     section if such funds are not expressly authorized or 
     currently expended for such purposes.
       (c) Administrative Costs.--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 
     September 30, 2028, for administrative costs of the agencies 
     and offices of the Department of Agriculture for costs 
     related to implementing this section.

               TITLE II--COMMITTEE ON EDUCATION AND LABOR

                     Subtitle A--Education Matters

               PART 1--ELEMENTARY AND SECONDARY EDUCATION

     SEC. 20001. 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, $112,684,000, 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.
       (b) In General.--Section 202 of the Higher Education Act of 
     1965 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 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, 
     to access and complete State licensure exams, and to engage 
     in school-based clinical placements;
       ``(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; and
       ``(G) require candidates to complete all State requirements 
     to become fully certified.''.

     SEC. 20002. 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, $112,266,000, 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 also be available for residency 
     programs for prospective teachers in a bachelor's degree 
     program.

     SEC. 20003. 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, $112,266,000, 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. 20004. 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, $112,266,000, 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. 20005. 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, $160,776,000, to remain available until 
     September 30, 2025, for personnel development described in 
     section 662 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1462).

     SEC. 20006. GRANTS FOR NATIVE AMERICAN LANGUAGE TEACHERS AND 
                   EDUCATORS.

       The Native American Programs Act of 1974 is amended by 
     inserting after section 803C the following:

     ``SEC. 803D. GRANTS FOR NATIVE AMERICAN LANGUAGE TEACHERS AND 
                   EDUCATORS.

       ``(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, to 
     remain available until September 30, 2031, $200,000,000 for 
     the Secretary, in carrying out section 803C, to award grants 
     to carry out activities relating to preparing, training, and 
     offering professional development to Native American language 
     teachers and Native American language early childhood 
     educators to ensure the survival and continuing vitality of 
     Native American languages.
       ``(b) Cost Share Prohibition.--The Secretary shall not 
     impose a cost sharing or matching fund requirement with 
     respect to grants awarded under subsection (a).''.

                        PART 2--HIGHER EDUCATION

     SEC. 20021. INCREASING THE MAXIMUM FEDERAL PELL GRANT.

       (a) Award Year 2022-2023.--Section 401(b)(7) of the Higher 
     Education Act of 1965 is amended--
       (1) in subparagraph (A)(iii), by inserting ``and such sums 
     as may be necessary for fiscal year 2022 to carry out the 
     $550 increase for enrollment at institutions of higher 
     education defined in section 101 or 102(a)(1)(B) 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 equal to the amount 
     determined under clause (ii) for award year 2017-2018, 
     increased by $550 for enrollment at institutions of higher 
     education defined in section 101 or 102(a)(1)(B)''.
       (b) Subsequent Award Years Through 2025-2026.--Section 
     401(b) of the Higher Education Act of 1965, as amended by 
     section 703 of the FAFSA Simplification Act (title VII of 
     division FF of Public Law 116-260), is amended--
       (1) in paragraph (5)(A)--
       (A) in clause (i), by striking ``and'' after the semicolon;
       (B) by redesignating clause (ii) as clause (iii); and
       (C) by inserting after clause (i) the following:
       ``(ii) for each of award years 2023-2024 through 2025-2026, 
     an additional $550 for enrollment at institutions of higher 
     education defined in section 101 or 102(a)(1)(B); and''; and
       (2) in paragraph (6)(A)--
       (A) 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 2025; and''; 
     and

       (B) in clause (ii), by striking ``(5)(A)(ii)'' and 
     inserting ``(5)(A)(iii)''.

     SEC. 20022. EXPANDING FEDERAL STUDENT AID ELIGIBILITY.

       Section 484(a)(5) of the Higher Education Act of 1965 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'' after ``becoming a citizen or permanent resident''.

[[Page H6383]]

  


     SEC. 20023. INCREASE IN PELL GRANTS FOR RECIPIENTS OF MEANS-
                   TESTED BENEFITS.

       Section 473 of the Higher Education Act of 1965, as amended 
     by section 702(b) of the FAFSA Simplification Act (title VII 
     of division FF of Public Law 116-260), is amended by adding 
     at the end the following:
       ``(d) Special Rule for Means-tested Benefit Recipients.--
     During award years 2024-2025 through 2029-2030, and 
     notwithstanding subsection (b), for an applicant (or, as 
     applicable, an applicant and spouse, or an applicant's 
     parents) who is not described in subsection (c) and who, at 
     any time during the previous 24-month period, received a 
     benefit under a means-tested Federal benefit program (or 
     whose parent or spouse received such a benefit, as 
     applicable) described in clauses (i) through (vi) of section 
     479(b)(4)(H), the Secretary shall for the purposes of this 
     title consider the student aid index as equal to -$1,500 for 
     the applicant.''.

     SEC. 20024. RETENTION AND COMPLETION GRANTS.

       Title VII of the Higher Education Act of 1965 is amended by 
     adding at the end the following:

               ``PART F--RETENTION AND COMPLETION GRANTS

     ``SEC. 791. RETENTION AND COMPLETION GRANTS.

       ``(a) In General.--From amounts appropriated to carry out 
     this section for a fiscal year, the Secretary shall carry out 
     a program to make grants (which shall be known as `retention 
     and completion grants') to eligible entities to enable the 
     such entities to carry out the activities described in the 
     applications submitted under subsection (b).
       ``(b) Application.--To be eligible to receive a grant under 
     this section, an eligible entity shall submit an application 
     to the Secretary that includes a description of--
       ``(1) how the eligible entity will use the funds to 
     implement or expand evidence-based reforms or practices to 
     improve student outcomes at institutions of higher education 
     in the State or system of institutions of higher education, 
     or at the Tribal College or University, as applicable; and
       ``(2) how the eligible entity will sustain such reforms or 
     practices after the grant period.
       ``(c) Priority.--In awarding grants under this section to 
     eligible entities, the Secretary shall give priority to 
     eligible entities that propose to use a significant share of 
     grant funds to, among students of color, low-income students, 
     students with disabilities, students in need of remediation, 
     first generation college students, student parents, and other 
     underserved student populations in such eligible entity, 
     improve enrollment, retention, transfer, or completion rates 
     or labor market outcomes.
       ``(d) Adequate Progress.--As a condition of continuing to 
     receive funds under this section, for each year in which an 
     eligible entity participates in the program under this 
     section, such eligible entity shall demonstrate to the 
     satisfaction of the Secretary that the entity has made 
     adequate progress in implementing or expanding evidence-based 
     reforms or practices, and, among students of color, low-
     income students, students with disabilities, students in need 
     of remediation, first generation college students, student 
     parents, and other underserved student populations in such 
     eligible entity, improving enrollment, retention, transfer, 
     or completion rates or labor market outcomes.
       ``(e) Matching Requirement.--As a condition of receiving a 
     grant under this section for the applicable year described in 
     paragraphs (1) through (3), an eligible entity that is not a 
     Tribal College or University shall provide matching funds for 
     such applicable year toward the cost of the activities 
     described in the application submitted under subsection (b). 
     Such matching funds shall be in the amount of--
       ``(1) in the second year of a grant, not less than 10 
     percent of the grant amount awarded to such eligible entity 
     for such year;
       ``(2) in the third year of a grant, not less than 15 
     percent of the grant amount awarded to such eligible entity 
     for such year; and
       ``(3) in the fourth year and each subsequent year of a 
     grant, not less than 20 percent of the grant amount awarded 
     to such eligible entity for such year.
       ``(f) General Requirement.--An eligible entity shall use a 
     grant under this section only to carry out activities 
     described in the application for such year under subsection 
     (b).
       ``(g) Evidence-based Reforms or Practices.--An eligible 
     entity receiving a grant under this section 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 reforms 
     or practices:
       ``(1) Providing comprehensive academic, career, and student 
     support services, including mentoring, advising, or case 
     management services.
       ``(2) Providing assistance in applying for and accessing 
     direct support services, financial assistance, or means-
     tested benefit programs to meet the basic needs of students.
       ``(3) Providing accelerated learning opportunities, 
     including dual or concurrent enrollment programs and early 
     college high school programs.
       ``(4) Reforming remedial or developmental education, course 
     scheduling, or credit-awarding policies.
       ``(5) Improving transfer pathways between--
       ``(A) in the case of an eligible entity that is a State, 
     community colleges and 4-year institutions of higher 
     education in the State;
       ``(B) in the case of an eligible entity that is a system of 
     institutions of higher education, institutions within such 
     system and other institutions of higher education in the 
     State in which the system is located; or
       ``(C) in the case of a Tribal College or University, 
     between the Tribal College or University and other 
     institutions of higher education.
       ``(h) Supplement, Not Supplant.--Funds made available under 
     this part shall be used to supplement, and not supplant, 
     other Federal, State, local, Tribal, and institutional funds 
     that would otherwise be expended to carry out activities 
     described in this section.
       ``(i) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means a 
     State, a system of institutions of higher education, or a 
     Tribal College or University.
       ``(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(a)(2)(C) of the Elementary and Secondary 
     Education Act of 1965, 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 or 
     practice that meets the criteria for receiving a mid-phase 
     grant from the education innovation and research program 
     under section 4611(a)(2)(B) of the Elementary and Secondary 
     Education Act of 1965, 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)(3).
       ``(4) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101 or 102(a)(1)(B).
       ``(5) 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, the Commonwealth of the Northern 
     Mariana Islands, and the Freely Associated States.
       ``(6) Tribal college or university.--The term `Tribal 
     College or University' has the meaning given the term in 
     section 316(b)(3).
       ``(j) 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) $310,000,000 to remain available until September 30, 
     2030, to award competitive grants to eligible entities that 
     are not Tribal Colleges and Universities to carry out the 
     approved activities described in the applications submitted 
     under subsection (b);
       ``(2) $37,500,000 to remain available until September 30, 
     2030, to award competitive grants to Tribal Colleges and 
     Universities to carry out the approved activities described 
     in the applications submitted under subsection (b);
       ``(3) $95,000,000 to remain available until September 30, 
     2030, to supplement the competitive grant amounts awarded to 
     eligible entities with funds available under paragraph (1) 
     and (2) to implement reforms or practices that meet evidence 
     tier 1;
       ``(4) $47,500,000 to remain available until September 30, 
     2030, to supplement the competitive grant amounts awarded to 
     eligible entities with funds available under paragraphs (1) 
     and (2) to implement reforms or practices that meet evidence 
     tier 1 or evidence tier 2, or a combination of such reforms 
     or practices; and
       ``(5) $10,000,000 to remain available until September 30, 
     2030, to evaluate the effectiveness of the activities carried 
     out under this section.
       ``(k) Sunset.--The authority to make grants under this 
     section shall expire at the end of award year 2026-2027.
       ``(l) Inapplicability of GEPA Contingent Extension of 
     Programs.--Section 422 of the General Education Provisions 
     Act shall not apply to this part.''.

     SEC. 20025. 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) $470,640,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(B) of the Higher 
     Education Act of 1965 in fiscal year 2022;
       (2) $470,640,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(B) of the Higher 
     Education Act of 1965 in fiscal year 2023;
       (3) $470,640,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(B) of the Higher 
     Education Act of 1965 in fiscal year 2024;
       (4) $470,640,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(B) of the Higher 
     Education Act of 1965 in fiscal year 2025;
       (5) $470,640,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(B) of the Higher 
     Education Act of 1965 in fiscal year 2026;
       (6) $470,640,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(C) of the Higher 
     Education Act of 1965 in fiscal year 2022;
       (7) $470,640,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(C) of the Higher 
     Education Act of 1965 in fiscal year 2023;
       (8) $470,640,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(C) of the Higher 
     Education Act of 1965 in fiscal year 2024;
       (9) $470,640,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(C) of the Higher 
     Education Act of 1965 in fiscal year 2025;
       (10) $470,640,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(C) of the Higher 
     Education Act of 1965 in fiscal year 2026;

[[Page H6384]]

       (11) $141,120,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(i) of the Higher 
     Education Act of 1965 in fiscal year 2022;
       (12) $141,120,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(i) of the Higher 
     Education Act of 1965 in fiscal year 2023;
       (13) $141,120,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(i) of the Higher 
     Education Act of 1965 in fiscal year 2024;
       (14) $141,120,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(i) of the Higher 
     Education Act of 1965 in fiscal year 2025;
       (15) $141,120,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(i) of the Higher 
     Education Act of 1965 in fiscal year 2026;
       (16) $70,560,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(ii) of the Higher 
     Education Act of 1965 in fiscal year 2022;
       (17) $70,560,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(ii) of the Higher 
     Education Act of 1965 in fiscal year 2023;
       (18) $70,560,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(ii) of the Higher 
     Education Act of 1965 in fiscal year 2024;
       (19) $70,560,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(ii) of the Higher 
     Education Act of 1965 in fiscal year 2025;
       (20) $70,560,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(ii) of the Higher 
     Education Act of 1965 in fiscal year 2026;
       (21) $23,520,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(iii) of the 
     Higher Education Act of 1965 in fiscal year 2022;
       (22) $23,520,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(iii) of the 
     Higher Education Act of 1965 in fiscal year 2023;
       (23) $23,520,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(iii) of the 
     Higher Education Act of 1965 in fiscal year 2024;
       (24) $23,520,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(iii) of the 
     Higher Education Act of 1965 in fiscal year 2025;
       (25) $23,520,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(iii) of the 
     Higher Education Act of 1965 in fiscal year 2026;
       (26) $23,520,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(iv) of the Higher 
     Education Act of 1965 in fiscal year 2022;
       (27) $23,520,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(iv) of the Higher 
     Education Act of 1965 in fiscal year 2023;
       (28) $23,520,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(iv) of the Higher 
     Education Act of 1965 in fiscal year 2024;
       (29) $23,520,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(iv) of the Higher 
     Education Act of 1965 in fiscal year 2025; and
       (30) $23,520,000, to remain available until September 30, 
     2028, for carrying out section 371(b)(2)(D)(iv) of the Higher 
     Education Act of 1965 in fiscal year 2026.
       (b) Use of Funds.--
       (1) In general.--An institution of higher education 
     receiving funds made available under this section shall use 
     such funds in accordance with the uses of funds described 
     under subparagraphs (B), (C), and clauses (i) through (iv) of 
     subparagraph (D) of section 371(b)(2) of the Higher Education 
     Act of 1965, as applicable, and to award need-based financial 
     aid (including emergency financial aid grants) to low-income 
     students enrolled in an eligible program (as defined in 
     section 481(b) of the Higher Education Act of 1965) at such 
     institution.
       (2) Distribution requirements.--The Secretary of Education 
     shall distribute each of the amounts appropriated under 
     paragraphs (6) through (10) of subsection (a) in accordance 
     with section 371(b)(2)(C), except that in clause (ii) of such 
     section, ``25'' and ``of $600,000 annually'' shall not apply.
       (c) No Additional Eligibility Requirements.--No individual 
     shall be determined by the Secretary of Education to be 
     ineligible for benefits provided under subsection (b)(1) 
     except on the basis of not being a low-income student 
     enrolled in an eligible program (as defined in section 481(b) 
     of the Higher Education Act of 1965).

     SEC. 20026. RESEARCH AND DEVELOPMENT INFRASTRUCTURE 
                   COMPETITIVE GRANT PROGRAM.

       Title III of the Higher Education Act of 1965 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 
   HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, TRIBAL COLLEGES AND 
            UNIVERSITIES, AND MINORITY-SERVING INSTITUTIONS

     ``SEC. 381. IMPROVING RESEARCH & DEVELOPMENT INFRASTRUCTURE 
                   FOR HISTORICALLY BLACK COLLEGES AND 
                   UNIVERSITIES, TRIBAL COLLEGES AND UNIVERSITIES, 
                   AND MINORITY-SERVING INSTITUTIONS.

       ``(a) Eligible Institution.--In this section, the term 
     `eligible institution' means--
       ``(1) an institution that--
       ``(A) is described in section 371(a);
       ``(B) is a 4-year institution; and
       ``(C) is not an institution classified as `very high 
     research activity' by the Carnegie Classification of 
     Institutions of Higher Education; or
       ``(2) an institution described in paragraph (1) acting on 
     behalf of a consortium, which may include institutions 
     classified as `very high research activity' by the Carnegie 
     Classification of Institutions of Higher Education, 2-year 
     institutions of higher education (as defined in section 101), 
     and other academic partners, philanthropic organizations, and 
     industry partners, provided that the eligible institution is 
     the lead member and fiscal agent of the consortium.
       ``(b) Authorization of Grant Programs.--For the purpose of 
     supporting research and development infrastructure at 
     eligible institutions, the Secretary shall award, on a 
     competitive basis, to eligible institutions--
       ``(1) planning grants for a period of not more than 2 
     years; and
       ``(2) implementation grants for a period of not more than 5 
     years.
       ``(c) Applications.--
       ``(1) In general.--An eligible institution that desires to 
     receive a planning grant under subsection (b)(1) or an 
     implementation grant under subsection (b)(2) shall submit an 
     application to the Secretary that includes a description of 
     the activities that will be carried out with grant funds.
       ``(2) No comprehensive development plan.--The requirement 
     under section 391(b)(1) shall not apply to grants awarded 
     under this section.
       ``(d) Priority in Awards.--
       ``(1) In general.--In awarding planning and implementation 
     grants under this section, the Secretary shall administer 
     separate competitions for each of the categories of 
     institutions listed in paragraphs (1) through (7) of section 
     371(a).
       ``(2) Priority.--In awarding implementation grants under 
     this section, the Secretary shall give priority to eligible 
     institutions that have received a planning grant under this 
     section.
       ``(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 for improving 
     institutional research and development infrastructure that 
     includes--
       ``(A) an assessment of the existing institutional research 
     capacity and research and development infrastructure; and
       ``(B) a detailed description of how the institution would 
     use research and development infrastructure funds provided by 
     an implementation grant under this section to increase the 
     institution's research capacity and 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 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, research facilities or furniture, fixtures, and 
     instructional research-related equipment and technology 
     relating to the fields of science, technology, engineering, 
     the arts, mathematics, health, agriculture, education, 
     medicine, law, and other disciplines.
       ``(B) 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.
       ``(C) 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 and 
     purchasing supplies and equipment.
       ``(f) Supplement Not Supplant.--Funds made available under 
     this section shall be used to supplement, and not supplant, 
     other Federal, State, tribal, and local funds that would 
     otherwise be expended to carry out the activities described 
     in this section.
       ``(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 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, 
     $3,000,000,000, to remain available until September 30, 2028, 
     for carrying out this section.''.

     SEC. 20027. NORTHERN MARIANA ISLANDS, AMERICAN SAMOA, UNITED 
                   STATES VIRGIN ISLANDS, GUAM, AND FREELY 
                   ASSOCIATED STATES COLLEGE ACCESS.

       Title VII of the Higher Education Act of 1965, as amended 
     by this Act, is further amended by adding at the end the 
     following:

        ``PART G--COLLEGE ACCESS FOR STUDENTS IN OUTLYING AREAS

     ``SEC. 792. NORTHERN MARIANA ISLANDS, AMERICAN SAMOA, UNITED 
                   STATES VIRGIN ISLANDS, GUAM, AND FREELY 
                   ASSOCIATED STATES 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 award grants to the Governors of each 
     outlying area

[[Page H6385]]

     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(a)(1)); 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) Agreement.--Each Governor desiring a grant under this 
     section shall enter into an agreement with the Secretary for 
     the purposes of administering the grant program.
       ``(3) Grant authority.--The authority to make grants under 
     this section 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 shall not apply to this section.
       ``(c) No Additional Eligibility Requirements.--No 
     individual shall be determined, by a Governor, an eligible 
     institution, or the Secretary, to be ineligible for benefits 
     provided under this section except on the basis of 
     eligibility requirements under 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, the Commonwealth of Puerto Rico, or 
     an outlying area;
       ``(B) 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), to carry out the grant program under this 
     section; and
       ``(C) submits an assurance to the Governor and to the 
     Secretary that the institution shall use 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 
     a student 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 supported 
     by a grant awarded under this section;
       ``(B) has not completed an undergraduate baccalaureate 
     course of study; and
       ``(C) is enrolled as an undergraduate student in an 
     eligible program (as defined in section 481(b)) on at least a 
     half-time basis.
       ``(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 chief 
     executive of an outlying area.
       ``(5) Outlying area.--The term `outlying area' means the 
     Northern Mariana Islands, American Samoa, the United States 
     Virgin Islands, Guam, and the Freely Associated States.
       ``(e) Appropriations.--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 remain available until September 30, 2030, for 
     carrying out this section.''.

             PART 3--DEPARTMENT OF EDUCATION IMPLEMENTATION

     SEC. 20031. PROGRAM 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, $91,742,000, to remain available until 
     expended, for necessary administrative expenses associated 
     with carrying out this subtitle and sections 22101 and 22102.

     SEC. 20032. 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, $85,000,000, 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 and for additional 
     Federal administrative expenses.

     SEC. 20033. 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, $10,000,000, 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.

                       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.
       (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.

     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--

[[Page H6386]]

       (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) 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) Appropriation.--In addition to amounts otherwise 
     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, which shall be allotted in 
     accordance with subsection (b)(2) of section 132 and reserved 
     under subsection (a) of section 133 of the Workforce 
     Innovation and Opportunity Act, and allocated under 
     subsection (b)(1)(B) of section 133 of such Act for each 
     local area to provide--
       (1) career services authorized under subsection (c)(2) of 
     section 134 of the Workforce Innovation and Opportunity Act, 
     including individualized career services described in section 
     134(c)(2)(A)(xii) of such Act;
       (2) supportive services and needs-related payments 
     authorized under paragraphs (2) and (3) of section 134(d) of 
     the Workforce Innovation and Opportunity Act, except that the 
     requirements of subparagraphs (B) and (C) of paragraph (3) of 
     such section shall not apply; and
       (3) training services, including through individual 
     training accounts, authorized under section 134(c)(3) of the 
     Workforce Innovation and Opportunity Act, except that for 
     purposes of providing transitional jobs as part of those 
     services under this section, section 134(d)(5) of such Act 
     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.

     SEC. 22002. ADULT WORKER EMPLOYMENT AND TRAINING ACTIVITIES.

       (a) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated to the Department of Labor 
     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, which shall be allotted in 
     accordance with subsection (b)(1) of section 132 and reserved 
     under subsection (a) of section 133 of the Workforce 
     Innovation and Opportunity Act, and allocated under 
     subsection (b)(1)(A) of section 133 of such Act for each 
     local area to provide--
       (1) career services authorized under subsection (c)(2) of 
     section 134 of the Workforce Innovation and Opportunity Act, 
     including individualized career services described in section 
     134(c)(2)(A)(xii) of such Act;
       (2) supportive services and needs-related payments 
     authorized under paragraphs (2) and (3) of section 134(d) of 
     the Workforce Innovation and Opportunity Act, except that the 
     requirements of subparagraphs (B) and (C) of paragraph (3) of 
     such section shall not apply; and
       (3) training services, including through individual 
     training accounts, authorized under section 134(c)(3) of the 
     Workforce Innovation and Opportunity Act, 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 such 
     Act 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.

     SEC. 22003. YOUTH WORKFORCE INVESTMENT ACTIVITIES.

       (a) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated to the Department of Labor 
     for fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $1,500,000,000, to remain available 
     until September 30, 2026, which shall be allotted in 
     accordance with subparagraphs (B) and (C) of section 
     127(b)(1) and reserved under subsection (a) of section 128 of 
     the Workforce Innovation and Opportunity Act, and allocated 
     under subsection (b) of section 128 of such Act for each 
     local area to--
       (1) carry out the youth workforce investment activities 
     authorized under section 129 of the Workforce Innovation and 
     Opportunity Act;
       (2) 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; and
       (3) partner with community-based organizations to support 
     out-of-school youth, including those residing in high-crime 
     or high-poverty areas.
       (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 youth workforce investment activities, including 
     funds provided under the Workforce Innovation and Opportunity 
     Act.

     SEC. 22004. EMPLOYMENT SERVICE.

       In addition to amounts otherwise 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:
       (1) $400,000,000 for carrying out the State grant 
     activities authorized under section 7 of the Wagner-Peyser 
     Act, which shall be allotted in accordance with section 6 of 
     such Act, except that, for purposes of this section, funds 
     shall also be reserved and used for 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.
       (2) $100,000,000 for carrying out improvements to State 
     workforce and labor market information systems.

     SEC. 22005. RE-ENTRY EMPLOYMENT OPPORTUNITIES.

       In addition to amounts otherwise 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:
       (1) $375,000,000, for carrying out the Reentry Employment 
     Opportunities program.
       (2) $125,000,000, for competitive grants to national and 
     regional intermediaries to carry out Reentry Employment 
     Opportunity programs that prepare for employment 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, made with a priority 
     for projects serving high-crime, high-poverty areas.

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

       In addition to amounts otherwise available, there is 
     appropriated to the Department of Labor for fiscal year 2022, 
     out of any amounts in the Treasury not otherwise 
     appropriated, the following amounts, to remain available 
     until September 30, 2026:
       (1) $500,000,000 for carrying out activities through 
     grants, cooperative agreements, contracts, or other 
     arrangements, including arrangements with States and outlying 
     areas (as such terms are defined in paragraphs (45) and (56), 
     respectively, of section 3 of the Workforce Innovation and 
     Opportunity Act), equity intermediaries, and business and 
     labor industry partner intermediaries, to create or expand 
     only--
       (A) registered apprenticeship programs;
       (B) pre-apprenticeship programs that articulate to 
     registered apprenticeship programs; and
       (C) youth apprenticeship programs that--
       (i) provide participants with high-quality, classroom-based 
     related instruction and training, and employment 
     opportunities with progressively increasing wages; and
       (ii) prepare participants for enrollment in an institution 
     of higher education (as defined in section 101 or 102(c) of 
     the Higher Education Act of 1965), a registered 
     apprenticeship program, and employment.
       (2) $500,000,000 for carrying out activities through 
     arrangements described in paragraph (1) to support programs 
     described in such paragraph that serve a high number or high 
     percentage of individuals with barriers to employment (as 
     defined in section 3(24) of the Workforce Innovation and 
     Opportunity Act), including individuals with disabilities, or 
     nontraditional apprenticeship populations.

     SEC. 22007. INDUSTRY OR SECTOR PARTNERSHIP GRANTS.

       (a) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated to the Department of Labor 
     for fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $4,600,000,000, to remain available 
     until September 30, 2026, for the Secretary to award, on a 
     competitive basis, grants, contracts, or cooperative 
     agreements to eligible partnerships for the purposes of 
     expanding employment and

[[Page H6387]]

     training activities for high-skill, high-wage, or in-demand 
     industry sectors or occupations.
       (b) Eligibility.--To be eligible to receive funds under 
     this section, an eligible partnership shall submit to the 
     Secretary an application that includes a description of 
     programs to be supported with such funds, the recognized 
     postsecondary credentials participants in such programs will 
     earn, and related employment opportunities for which 
     participants in such programs will be prepared.
       (c) Uses of Funds.--An eligible partnership awarded funds 
     under this section shall use such funds to--
       (1) regularly engage and convene stakeholders to develop, 
     or expand, employment and training activities for the high-
     skill, high-wage, or in-demand industry sector or occupation 
     on which such partnership is focused;
       (2) directly provide, or arrange for the provision of, 
     high-quality, evidence-based training that leads to the 
     attainment of nationally or regionally portable and stackable 
     recognized postsecondary credentials for the industry sector 
     or occupation described in paragraph (1), which shall 
     include--
       (A)(i) training services described in any clause of 
     subparagraph (D) of section 134(c)(3) of the Workforce 
     Innovation and Opportunity Act provided through contracts 
     that meet the requirements of that section 134(c)(3); or
       (ii) training provided through--
       (I) registered apprenticeship programs;
       (II) pre-apprenticeship programs that articulate to 
     registered apprenticeship programs;
       (III) youth apprenticeship programs that--

       (aa) provide participants with high-quality, classroom-
     based related instruction and training, and employment 
     opportunities with progressively increasing wages; and
       (bb) prepare participants for enrollment in an institution 
     of higher education (as defined in section 101 or 102(c)) of 
     the Higher Education Act of 1965), a registered 
     apprenticeship program, and employment; or

       (IV) joint labor-management organizations; and
       (B) the provision of information on related skills or 
     competencies that may be attained through such training or 
     credentials;
       (3) directly provide, or arrange for the provision of, 
     services to help individuals with barriers to employment 
     prepare for, complete, and successfully transition out of 
     training described in paragraph (2), which services shall 
     include career services, supportive services, or 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, except that, for purposes of this 
     section, subparagraphs (B) and (C) of section 134(d)(3) of 
     that Act shall not apply; and
       (4) establish or implement plans for providers of programs 
     supported with such funds to meet the criteria and carry out 
     the procedures to be included on the eligible training 
     services provider list described in section 122(d) of the 
     Workforce Innovation and Opportunity Act.
       (d) Administration.--In addition to amounts otherwise 
     available, there is appropriated to the Department of Labor 
     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--
       (1) targeted outreach and support to eligible partnerships 
     serving local areas with high unemployment rates or high 
     percentages of dislocated workers or individuals with 
     barriers to employment, to provide guidance and assistance in 
     the application process under this section;
       (2) administration of the program described in this 
     section, including providing comprehensive technical 
     assistance and oversight to support eligible partnerships; 
     and
       (3) evaluating and reporting on the performance and impact 
     of programs funded under this section.
       (e) State Board or Local Board Funds.--In addition to 
     amounts otherwise available, there is appropriated to the 
     Department of Labor for fiscal year 2022, out of any money in 
     the Treasury not otherwise appropriated, $250,000,000, to 
     remain available until September 30, 2026, 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 dislocated workers or individuals with barriers to 
     employment, as compared to State or national averages for 
     such rates or percentages.
       (f) 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.

     SEC. 22008. JOB CORPS.

       (a) Appropriation.--In addition to amounts otherwise 
     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--
       (1) to provide funds to operators and service providers 
     to--
       (A) carry out the activities and services described in 
     sections 148 and 149 of the Workforce Innovation and 
     Opportunity Act; and
       (B) improve and expand access to allowances and services 
     described in section 150 of such Act; and
       (2) for the construction, rehabilitation, and acquisition 
     of Job Corps centers, notwithstanding section 158(c) of the 
     Workforce Innovation and Opportunity Act.
       (b) Eligibility of Operators and Service Providers.--For 
     the purposes of carrying out subsection (a), an entity in a 
     State or outlying area (as such term is defined in section 
     3(45) of the Workforce Innovation and Opportunity Act) may be 
     eligible to be selected as an operator or service provider.

     SEC. 22009. NATIVE AMERICAN PROGRAMS.

       In addition to amounts otherwise available, there is 
     appropriated to the Department of Labor for fiscal year 2022, 
     out of any amounts in the Treasury not otherwise 
     appropriated, $50,000,000, to remain available until 
     September 30, 2026, to carry out activities described in 
     section 166(d)(2)(A) of the Workforce Innovation and 
     Opportunity Act.

     SEC. 22010. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.

       In addition to amounts otherwise available, there is 
     appropriated to the Department of Labor for fiscal year 2022, 
     out of any amounts in the Treasury not otherwise 
     appropriated, $70,000,000, to remain available until 
     September 30, 2026, to carry out activities described in 
     section 167(d) of the Workforce Innovation and Opportunity 
     Act, except that, for purposes of providing services as part 
     of such activities to low-income individuals under this 
     section, section 3(36)(A)(ii)(I) of such Act shall be applied 
     by substituting ``150 percent of the poverty line'' for ``the 
     poverty line''.

     SEC. 22011. YOUTHBUILD PROGRAM.

       In addition to amounts otherwise available, there is 
     appropriated to the Department of Labor for fiscal year 2022, 
     out of any amounts in the Treasury not otherwise 
     appropriated, $15,000,000, to remain available until 
     September 30, 2026, to carry out activities described in 
     section 171(c)(2) of the Workforce Innovation and Opportunity 
     Act, including for the purposes of improving and expanding 
     access to services, stipends, wages, and benefits described 
     in subparagraphs (A)(vii) and (F) of section 171(c)(2) of 
     such Act.

     SEC. 22012. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM.

       In addition to amounts otherwise available, there is 
     appropriated to the Department of Labor for fiscal year 2022, 
     out of any amounts in the Treasury not otherwise 
     appropriated, $35,000,000, to remain available until 
     September 30, 2026, for the Senior Community Service 
     Employment program authorized under section 502 of the Older 
     Americans Act of 1965.

     SEC. 22013. PROVISION OF INFORMATION.

       For purposes of determinations of the eligibility of 
     individuals to participate in activities funded under this 
     subtitle, the provision of information for such 
     determinations by Federal agencies other than the Department 
     of Labor or the Department of Education shall not be 
     required.

     SEC. 22014. DEFINITIONS.

       In this part:
       (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; or
       (B) a State board or local board, a joint labor-management 
     organization, or an entity eligible to be a representative 
     under clause (i), (ii), or (iii) of paragraph (26)(A) of 
     section 3 of the Workforce Innovation and Opportunity Act, 
     that is in the process of establishing an industry or sector 
     partnership described in subparagraph (A), to carry out a 
     grant, contract, or cooperative agreement under section 
     22007.
       (2) Evidence-based.--The term ``evidence-based'' has the 
     meaning given the term in section 3(23) of the Carl D. 
     Perkins Career and Technical Education Act of 2006.
       (3) Registered apprenticeship program.--The term 
     ``registered apprenticeship program'' means an apprenticeship 
     program registered with the Office of Apprenticeship of the 
     Employment and Training Administration of the Department of 
     Labor or a State apprenticeship agency recognized by the 
     Office of Apprenticeship pursuant to the Act of August 16, 
     1937 (commonly known as the ``National Apprenticeship Act''; 
     50 Stat. 664, chapter 663).
       (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'', ``local 
     area'', ``local board'', ``recognized postsecondary 
     credential'', ``State board'', and ``supportive services'' 
     have the meanings given the terms in paragraphs (7), (23), 
     (24), (26), (32), (33), (52), (57), and (59), respectively, 
     of section 3 of the Workforce Innovation and Opportunity Act.
       (B) Career services.--The term ``career services'' means 
     services described in section 134(c)(2) of the Workforce 
     Innovation and Opportunity Act.

                    PART 2--DEPARTMENT OF EDUCATION

     SEC. 22101. ADULT EDUCATION AND LITERACY.

       (a) Appropriation.--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, $700,000,000, to remain 
     available until September 30, 2027, to carry out the program 
     of adult education and literacy activities authorized under 
     the Workforce Innovation and Opportunity Act, except that, 
     for each fiscal year for which an eligible agency receives 
     funds appropriated under this section, section 222(a)(1) of 
     the Workforce Innovation and Opportunity Act shall be applied 
     by substituting ``not less than 10 percent'' for ``not more 
     than 20 percent'', and section 222(b) of such Act shall not 
     apply.
       (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 support adult education and literacy activities, 
     including funds provided under the Workforce Innovation and 
     Opportunity Act.

[[Page H6388]]

  


     SEC. 22102. CAREER AND TECHNICAL EDUCATION.

       (a) Appropriation.--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, the following amounts, 
     to remain available until September 30, 2027:
       (1) $600,000,000 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, which shall be allotted in accordance with section 
     111 and section 112 of such Act, except that subsection (b) 
     of section 112 shall not apply.
       (2) $100,000,000 for carrying out the innovation and 
     modernization program in subsection (e) of section 114 of the 
     Carl D. Perkins Career and Technical Education Act of 2006, 
     except that, for purposes of this paragraph, paragraph (2) of 
     such subsection and the 20 percent limitation in paragraph 
     (1) of such subsection shall not apply and eligible agencies, 
     as defined in section 3(18) of such Act, shall be eligible to 
     receive grants under such program.
       (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 funds provided under the Carl D. Perkins Career and 
     Technical Education Act of 2006.

     SEC. 22103. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP 
                   GRANTS.

       (a) Appropriation.--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, $4,900,000,000, to 
     remain available until September 30, 2026, for the Secretary, 
     in coordination with the Secretary of Labor, to award grants, 
     on a competitive basis, to eligible institutions for the 
     purposes of expanding employment and training activities for 
     high-skill, high-wage, or in-demand industry sectors or 
     occupations.
       (b) Eligibility.--To be eligible to receive such a grant, 
     an eligible institution shall submit to the Secretary an 
     application that includes a description of programs to be 
     supported with such grant, the recognized postsecondary 
     credentials participants in such programs will earn, and the 
     related employment opportunities for which participants in 
     such programs will be prepared.
       (c) Use of Funds.--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 or regionally portable and 
     stackable for high-skill, high-wage, or in-demand industry 
     sectors or occupations by--
       (1) establishing, improving, or scaling high-quality, 
     evidence-based education or career training programs, career 
     pathway programs, or work-based learning programs (including 
     registered apprenticeship programs or pre-apprenticeships 
     that articulate to registered apprenticeship programs);
       (2) providing services to help individuals with barriers to 
     employment prepare for, complete, and successfully transition 
     out of programs described in paragraph (1) supported by such 
     grant, which shall include providing supportive services, 
     career services, career guidance and academic counseling, or 
     job placement assistance; and
       (3) carrying out 1 or more of the following:
       (A) Creating, developing, or expanding articulation 
     agreements (as defined in section 486A(a) of the Higher 
     Education Act of 1965), credit transfer agreements, 
     corequisite remediation programs, dual or concurrent 
     enrollment programs, or policies and processes to award 
     academic credit for prior learning or for programs described 
     in paragraph (1) supported by such grant.
       (B) Making available information on curricula and 
     recognized postsecondary credentials, including those created 
     or developed using such grant, and information on the related 
     skills or competencies and related employment and earnings 
     outcomes.
       (C) Establishing or implementing plans for providers of 
     programs described in paragraph (1) supported by such grant 
     to meet the criteria and carry out the procedures to be 
     included on the eligible training services provider list 
     described in section 122(d) of the Workforce Innovation and 
     Opportunity Act.
       (D) Purchasing, leasing, or refurbishing specialized 
     equipment necessary to carry out such programs.
       (E) Reducing participants' cost of attendance in such 
     programs.
       (F) Establishing or expanding industry or sector 
     partnerships to successfully carry out the activities 
     supported by such grant under this paragraph, and paragraphs 
     (1) and (2).
       (d) 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, $100,000,000, to remain 
     available until September 30, 2026, to carry out, in 
     coordination of the Department of Labor, the following 
     activities:
       (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.
       (3) Evaluating and reporting on the performance and impact 
     of programs funded under this section.
       (e) 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 activities described in this section.
       (f) Definitions.--In this section:
       (1) Community college.--The term ``community college'' 
     means--
       (A) a degree-granting public institution of higher 
     education (as defined in section 101 of the Higher Education 
     Act of 1965) at which--
       (i) the highest degree awarded is an associate degree; or
       (ii) an associate degree is the most frequently awarded 
     degree;
       (B) a 2-year Tribal College or University (as defined in 
     section 316(b)(3) of the Higher Education Act of 1965);
       (C) a degree-granting Tribal College or University (as 
     defined in section 316(b)(3) of the Higher Education Act of 
     1965) at which--
       (i) the highest degree awarded is an associate degree; or
       (ii) an associate degree is the most frequently awarded 
     degree; or
       (D) a branch campus of a 4-year public institution of 
     higher education (as defined in section 101 of the Higher 
     Education Act of 1965), if, at such branch campus--
       (i) the highest degree awarded is an associate degree; or
       (ii) an associate degree is the most frequently awarded 
     degree.
       (2) Eligible institution.--The term ``eligible 
     institution'' means a community college, a postsecondary 
     vocational institution (as defined in section 102(c) of the 
     Higher Education Act of 1965), or a consortium of such 
     colleges or institutions, 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.
       (3) Perkins cte definitions.--The terms ``career guidance 
     and academic counseling'', ``dual or concurrent enrollment 
     program'', ``evidence-based'', and ``work-based learning'' 
     have the meanings given the terms in paragraphs (7), (15), 
     (23), and (55), respectively, of section 3 of the Carl D. 
     Perkins Career and Technical Education Act of 2006.
       (4) Registered apprenticeship program.--The term 
     ``registered apprenticeship program'' means an apprenticeship 
     program registered with the Office of Apprenticeship of the 
     Employment and Training Administration of the Department of 
     Labor or a State apprenticeship agency recognized by the 
     Office of Apprenticeship pursuant to the Act of August 16, 
     1937 (commonly known as the ``National Apprenticeship Act''; 
     50 Stat. 664, chapter 663).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (6) 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'', 
     ``recognized postsecondary credential'', and ``supportive 
     services'' have the meanings given the terms in paragraphs 
     (7), (23), (24), (26), (52), and (59), respectively, of 
     section 3 of the Workforce Innovation and Opportunity Act.
       (B) Career services.--The term ``career services'' means 
     services described in section 134(c)(2) of the Workforce 
     Innovation and Opportunity Act.

 PART 3--COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION GRANT PROGRAM

     SEC. 22201. COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION 
                   GRANT PROGRAM.

       (a) Appropriation.--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 through fiscal year 2029, for the Secretary of 
     Labor to award grants to covered 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)) (referred to 
     in this part as ``special certificates'') in transforming 
     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:
       (1) $189,000,000 for subsection (d)(2)(B).
       (2) $81,000,000 for subsection (d)(2)(C).
       (b) Applications.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a covered 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.--Each application submitted under paragraph 
     (1) shall include--
       (A) a description of the status of the employers in the 
     covered State providing employment using special 
     certificates, including--
       (i) the number of employers in the covered State using 
     special certificates to employ and pay people with 
     disabilities;
       (ii) the number of employees in the covered 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 covered State with respect to competitive 
     integrated employment for people with disabilities; and
       (C) assurances that--
       (i) the activities carried out under the grant will result 
     in--

       (I) each employer in the covered State that, on the date of 
     enactment of this Act, provides employment using special 
     certificates transforming its business and program models as 
     described in subsection (c)(1); and

[[Page H6389]]

       (II) each employer in the covered State ceasing to use 
     special certificates by the end of the 5-year grant period 
     and no longer applying for or renewing such certificates;

       (ii) each individual in the covered State who is employed 
     under a special certificate will, as a result of such a 
     transformation, 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--

       (aa) the rate specified in section 6(a)(1) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(a)(1));
       (bb) the rate specified in an applicable State or local 
     minimum wage law; or
       (cc) in the case of work on a contract that is subject to 
     chapter 67 of title 41, United States Code, the applicable 
     prevailing wage rate under such chapter; 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 covered State will establish an advisory council 
     to monitor and guide the process of transforming business and 
     program models of employers in the covered State as described 
     in subsection (c)(1).
       (c) Use of Funds.--A covered State receiving a grant under 
     this section shall use the grant funds for each of the 
     following activities:
       (1) 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.
       (2) 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.
       (3) Expanding competitive integrated employment and 
     integrated services to be provided to such people as a result 
     of transformations described in paragraph (1).
       (d) Allotments.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall--
       (A) determine the number of covered States; and
       (B)(i) in a case in which the Secretary determines that 
     there are 15 or more covered States, award each covered State 
     a grant under paragraph (2); or
       (ii) in a case in which the Secretary determines that there 
     are 14 or fewer covered States, award each covered State a 
     grant under paragraph (3) for the first 5-year grant period 
     under such paragraph.
       (2) 15 or more covered states.--
       (A) In general.--In a case in which the Secretary 
     determines under paragraph (1) that there are 15 or more 
     covered States, from the funds appropriated under subsection 
     (a), the Secretary shall allot to each covered State a grant 
     under this section in an amount equal to the sum of--
       (i) the allotment made to the covered State in accordance 
     with subparagraph (B); and
       (ii) the allotment made to the covered State in accordance 
     with subparagraph (C).
       (B) Allotment based on the number of employees employed 
     under special certificates.--From the total amount of the 
     funds appropriated under subsection (a)(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.
       (C) Allotment based on the number of employers with special 
     certificates.--From the total amount of the funds 
     appropriated under subsection (a)(2), 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.
       (D) Data.--In determining the number of people with 
     disabilities who are employed under a special certificate for 
     purposes of subparagraph (B) and the number of employers who 
     have in effect a special certificate for purposes of 
     subparagraph (C), the Secretary shall use the most accurate 
     data available to the Secretary on the date of enactment of 
     this Act.
       (E) Grant period.--A grant under this paragraph shall be 
     awarded for a period of 5 years.
       (3) 14 or fewer covered states.--
       (A) In general.--In a case in which the Secretary 
     determines under paragraph (1) that there are 14 or fewer 
     covered States, from the funds appropriated under subsection 
     (a), the Secretary shall award a grant to each covered State 
     in an amount that the Secretary determines necessary for the 
     covered State to accomplish the purpose of the grant 
     described in such subsection and for the Secretary to meet 
     the requirements of this paragraph.
       (B) Grant periods.--
       (i) In general.--The Secretary shall award grants under 
     this paragraph for 2 separate, 5-year grant periods.
       (ii) Second 5-year grant period.--Grants for the second 5-
     year grant period shall be awarded--

       (I) not earlier than the end of the second year of the 
     first 5-year grant period described in paragraph (1)(B)(ii); 
     and
       (II) not later than September 30, 2025.

       (C) Limit on number of grants.--No State may receive more 
     than 1 grant under this paragraph.
       (e) Definition of Covered State.--In this section, the term 
     ``covered State'' means a State (as defined in section 3 of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 203)) that--
       (1) as of the date of enactment of this Act, has not phased 
     out, or is not in the process of phasing out, the use of 
     special certificates in the State; and
       (2) submits an application under subsection (b) that meets 
     the requirements under such subsection.

     SEC. 22202. GRANTS FOR STATES TO EXPAND COMPETITIVE 
                   INTEGRATED EMPLOYMENT.

       (a) Appropriation.--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, $24,000,000, to remain available 
     through fiscal year 2029, for the Secretary of Labor to award 
     grants to covered States in accordance with this section to 
     assist employers in such States who were issued special 
     certificates in 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.
       (b) Applications.--To be eligible to receive a grant under 
     this section, a covered State shall submit an application to 
     the Secretary at such time, in such manner, and include such 
     information as the Secretary may reasonably require, 
     including a description of activities to be funded under the 
     grant and the activities of the covered State with respect to 
     competitive integrated employment for people with 
     disabilities.
       (c) Use of Funds.--A covered State that receives a grant 
     under this section shall use the grant funds for activities 
     to expand competitive integrated employment and integrated 
     services to be provided to people with disabilities.
       (d) Grant Award.--Not later than 18 months after the date 
     of enactment of this Act, the Secretary shall award each 
     covered State a grant in an amount that bears the same 
     relationship to the total amount appropriated under 
     subsection (a) as the population of the covered State bears 
     to the total population of all covered States.
       (e) Grant Period.--A grant under this section shall be 
     awarded for a period of 5 years.
       (f) Definition of Covered State.--In this section, the term 
     ``covered State'' means a State (as defined in section 3 of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 203)) that--
       (1) as of the date of enactment of this Act, has phased 
     out, or is the process of phasing out, the use of special 
     certificates in the State; and
       (2) submits an application under subsection (b) that meets 
     the requirements under such subsection.

     SEC. 22203. TECHNICAL ASSISTANCE.

       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, 
     $6,000,000, to remain available through fiscal year 2029, for 
     the Secretary to, in partnership with the Office of Special 
     Education and Rehabilitative Services of the Department of 
     Education, establish, either directly or through grants, 
     contracts, or cooperative agreements, a national technical 
     assistance center to--
       (1) provide technical assistance to employers who are 
     transforming from employing people with disabilities using 
     special certificates to employing people with disabilities in 
     competitive integrated employment settings; and
       (2) collect and disseminate information on evidence-based 
     practices for such transformations and for providing 
     competitive integrated employment and integrated services.

     SEC. 22204. SUPPLEMENT AND NOT SUPPLANT.

       Any funds made available to a State under this part shall 
     be used to supplement and not supplant any Federal, State, or 
     local public funds expended--
       (1) to assist employers in such State who were issued a 
     special certificate 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; or
       (2) to support the employment of people with disabilities 
     in competitive integrated employment.

     SEC. 22205. 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 services.--The term ``integrated services'' 
     means 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;

[[Page H6390]]

       (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) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.

  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 ``area career and technical 
     education school'', ``evidence-based'', and ``work-based 
     learning'' have the meanings given such terms in paragraphs 
     (3), (23), and (55), respectively, of 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 
     paragraphs (7), (8), (24), (33), (39), (44), (52), and (57), 
     respectively, of section 3 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3102).
       (3) Other definitions.--
       (A) Direct support worker.--The term ``direct support 
     worker'' means--
       (i) a direct support professional;
       (ii) a worker providing direct care services, which may 
     include palliative care, in a 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 direct care worker, as defined in section 799B of 
     the Public Health Service Act (42 U.S.C. 295p); or
       (v) an individual in any other position or job related to 
     those described in clauses (i) through (iv), 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.
       (B) Eligible entity.--The term ``eligible entity'' means an 
     entity that is--
       (i) a State;
       (ii) a labor organization or a joint labor-management 
     organization;
       (iii) a nonprofit organization with experience in aging, 
     disability, supporting the rights and interests of direct 
     support workers, or training or educating direct support 
     workers;
       (iv) an Indian Tribe or Tribal organization;
       (v) an urban Indian organization;
       (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) or with a consortium described 
     in clause (ix)--

       (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) an area career and technical education school; or

       (ix) a consortium of entities listed in any of clauses (i) 
     through (vii).
       (C) 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.
       (D) 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).
       (E) 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).
       (F) Pre-apprenticeship program.--The term ``pre-
     apprenticeship program'' means a program that articulates to 
     a registered apprenticeship program.
       (G) Registered apprenticeship program.--The term 
     ``registered apprenticeship program'' means an apprenticeship 
     program registered with the Office of Apprenticeship of the 
     Employment Training Administration of the Department of Labor 
     or a State apprenticeship agency recognized by the Office of 
     Apprenticeship pursuant to the Act of August 16, 1937 
     (commonly known as the ``National Apprenticeship Act''; 50 
     Stat. 664, chapter 663).
       (H) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (I) 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, $1,000,000,000, 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 support 
     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 support 
     workers the entity plans to serve through the activities 
     supported by the grant;
       (ii) a description of the one or more eligible entities 
     collaborating to carry out the activities described in 
     subsection (c); and
       (iii) an assurance that--

       (I) the eligible entity will consult on the development and 
     implementation of the grant, with direct support workers, 
     their representatives, and recipients of direct care services 
     and their families; 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.

       (2) 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) 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 support workers served by 
     the grant that are necessary to enable such workers to 
     participate in the activities supported by the grant.
       (2) Additional activities.--In addition to the requirement 
     described in paragraph (1), each eligible entity receiving a 
     grant under subsection (a) shall use the grant funds for one 
     or more of the following activities:
       (A) Developing and implementing a strategy for the 
     recruitment of direct support workers.
       (B) Developing and implementing a strategy for the 
     retention of direct support workers using evidence-based best 
     practices, such as providing mentoring to such workers, 
     including a strategy that can also support family caregivers.
       (C) Developing or implementing an education and training 
     program for the direct support workers served by the grant, 
     which shall include--
       (i) education and training on--

       (I) the rights of direct support workers under applicable 
     Federal, State, or local employment law on--

       (aa) wages and hours, including under sections 3, 6, 7, 12, 
     and 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     203, 206, 207, 212, 213);
       (bb) safe working conditions, including under section 5 of 
     the Occupational Safety and Health Act of 1970 (29 U.S.C. 
     654); and
       (cc) forming, joining, or assisting a labor organization, 
     including under sections 7 and 8 of the National Labor 
     Relations Act (29 U.S.C. 157, 158); and

       (II) 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 support 
     worker served by the grant for each hour the worker spends on 
     education or training provided through the program described 
     in this subparagraph, with a schedule of hourly wages that--

       (I) 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
       (II) 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 support 
     workers served by the grant, including providing career 
     planning for the direct support 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--

       (I) supporting opportunities to participate in pre-
     apprenticeship or registered apprenticeship programs, work-
     based learning, or on-the-job training;
       (II) providing on-the-job supervision or mentoring to 
     support the development of related

[[Page H6391]]

     skills and competencies throughout completion of such 
     credentials; and
       (III) training on the in-demand skills and competencies of 
     direct support workers served by the grant, including the 
     provision of culturally competent and disability competent 
     supports and services.

       (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 support 
     workers in the State served by the grant.

       PART 5--DEPARTMENT OF LABOR INSPECTOR GENERAL AND PROGRAM 
                         ADMINISTRATION FUNDING

     SEC. 22401. DEPARTMENT OF LABOR INSPECTOR GENERAL.

       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, $40,000,000, 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.

     SEC. 22402. PROGRAM ADMINISTRATION.

       In addition to amounts otherwise available, there is 
     appropriated to the Department of Labor for fiscal year 2022, 
     out of any money in the Treasury not otherwise appropriated, 
     $90,000,000, to remain available until September 30, 2029, 
     for program administration within the Department of Labor for 
     salaries and expenses necessary to implement part 1 (other 
     than section 22007), and parts 3 and 4, of this subtitle.

         Subtitle D--Child Care and Universal Pre-kindergarten

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

       (a) Child Care Definitions.--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 subsection (b) and as otherwise specified.
       (b) Additional Definitions.--In this section:
       (1) Child care certificate.--
       (A) In general.--The term ``child care certificate'' means 
     a certificate (that may be a check or other disbursement) 
     that is issued by a State, Tribal, territorial, or local 
     government under this section directly to a parent who shall 
     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.
       (B) 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.
       (2) 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).
       (3) Eligible activity.--The term ``eligible activity'', 
     with respect to a parent, shall include, at minimum, 
     activities consisting of--
       (A) full-time or part-time employment;
       (B) self-employment;
       (C) job search activities;
       (D) job training;
       (E) 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;
       (F) health treatment (including mental health and substance 
     use treatment) for a condition that prevents the parent from 
     participating in other eligible activities;
       (G) activities to prevent child abuse and neglect, or 
     family violence prevention or intervention activities;
       (H) employment and training activities under the 
     supplemental nutrition assistance program established under 
     section 6(d)(4) the Food and Nutrition Act of 2008 (7 U.S.C. 
     2015(d)(4));
       (I) employment and training activities under the Workforce 
     Innovation and Opportunity Act;
       (J) a work activity described in subsection (d) of section 
     407 of the Social Security Act (42 U.S.C. 607) for which, 
     consistent with clauses (ii) and (iii) of section 
     402(a)(1)(A) of such Act (42 U.S.C. 602(a)(1)(A)), a parent 
     or caretaker is treated as being engaged in work for a month 
     in a fiscal year for purposes of the program of block grants 
     to States for temporary assistance for needy families 
     established under part A of title IV of the Social Security 
     Act; and
       (K) taking leave under the Family and Medical Leave Act of 
     1993 (or equivalent provisions for Federal employees), a 
     State or local paid or unpaid leave law, or a program of 
     employer-provided leave.
       (4) Eligible child.--
       (A) In general.--The term ``eligible child'' means an 
     individual, subject to subsection (g)(1)(C)(i)(III)--
       (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 125 percent of such State median 
     income for fiscal year 2023;
       (III) does not exceed 150 percent of such State median 
     income for fiscal year 2024; and
       (IV) does not exceed 250 percent of such State median 
     income for each of the fiscal years 2025 through 2027; and

       (iv) who--

       (I) resides with a parent or parents who are 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 with disabilities, infants and 
     toddlers with disabilities, 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.

       (B) Expanded eligibility rule for fiscal years 2022 through 
     2024.--
       (i) In general.--A child who is eligible to receive 
     services under this subparagraph shall be treated as an 
     eligible child for the other provisions of this section.
       (ii) Rule.--Notwithstanding subparagraph (A)(iii), a State 
     may use the payments under subsection (g)(1) for fiscal year 
     2022, 2023, or 2024, to provide direct child care services 
     described in subsection (h)(1)(A) to children who meet the 
     requirements of clauses (i), (ii), and (iv) of subparagraph 
     (A) and whose family income exceeds the percentage specified 
     in subparagraph (A)(iii) (but does not exceed 250 percent) of 
     State median income for a family of the same size for a given 
     fiscal year, if the State has appropriately prioritized, 
     subject to approval by the Secretary, assistance for such 
     services based on family income.
       (iii) Variation in cost of living.--In determining 
     eligibility under this subparagraph, the State may take into 
     consideration geographic variation in the cost of living 
     among regions of the State and expand eligibility for 
     children described in clause (ii) in a region of the State 
     based on such variation, subject to approval by the 
     Secretary.
       (5) Eligible child care provider.--
       (A) 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 or, in the case of an Indian Tribe or Tribal 
     organization, meets the rules set by the Secretary;
       (ii) participates in the State's tiered system for 
     measuring the quality of eligible child care providers 
     described in subsection (f)(4)(B), or, in the case of an 
     Indian Tribe or Tribal organization, meets the rules set by 
     the Secretary--

       (I) not later than the last day of the third fiscal year 
     for which the State receives funds under this section; and
       (II) 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, including those 
     requirements described in section 658E(c)(2)(I) of such Act 
     (42 U.S.C. 9858c(c)(2)(I)).
       (B) Special rule.--A child care provider who is eligible to 
     provide child care services in a State for children receiving 
     assistance under the Child Care and Development Block Grant 
     Act of 1990 on the date the State submits an application for 
     funds under this section, and remains in compliance with any 
     licensing or registration standards, or regulations, of the 
     State, shall be deemed to be an eligible child care provider 
     under this section for 3.5 years after the State first 
     receives funding under this section.
       (6) 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)).
       (7) Family child care provider.--The term ``family child 
     care provider'' means one or more individuals who provide 
     child care services, in a private residence other than the 
     residences of the children involved, for less than 24 hours 
     per day per child, or for 24 hours per day per child due to 
     the nature of the work of the parent involved.
       (8) Inclusive care.--The term ``inclusive'', with respect 
     to care (including child care), means care provided by an 
     eligible child care provider--
       (A) 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
       (B) 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.
       (9) Infant or toddler.--The term ``infant or toddler'' 
     means an individual who is less than 3 years of age.
       (10) 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).
       (11) Lead agency.--The term ``lead agency'' means the 
     agency designated under subsection (e).
       (12) State.--The term ``State'' means any of the 50 States 
     and the District of Columbia.
       (13) 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.
       (c) Appropriations.--
       (1) States.--
       (A) State appropriations.--In addition to amounts otherwise 
     available, there is appropriated to the Department of Health 
     and Human

[[Page H6392]]

     Services for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated--
       (i)(I) $11,460,000,000, to remain available until September 
     30, 2027, for States and the Commonwealth of Puerto Rico, to 
     carry out the activities described in subsection (h)(1)(A) in 
     fiscal year 2022;
       (II) $5,730,000,000, to remain available until September 
     30, 2027, for States and the Commonwealth of Puerto Rico, to 
     carry out the activities described in subsection (h)(1)(B) in 
     fiscal year 2022;
       (III) $4,125,600,000, to remain available until September 
     30, 2027, for States and the Commonwealth of Puerto Rico, to 
     carry out the activities described in subparagraph (A) or (B) 
     of subsection (h)(1), as determined by the State or 
     Commonwealth, in fiscal year 2022; and
       (IV) $1,604,400,000, to remain available until September 
     30, 2027, for States and the Commonwealth of Puerto Rico, to 
     carry out the activities described in subparagraph (A), (B), 
     or (C) of subsection (h)(1), as determined by the State or 
     Commonwealth, in fiscal year 2022;
       (ii)(I) $16,235,000,000, to remain available until 
     September 30, 2027, for States and the Commonwealth of Puerto 
     Rico, to carry out the activities described in subsection 
     (h)(1)(A) in fiscal year 2023;
       (II) $8,117,500,000, to remain available until September 
     30, 2027, for States and the Commonwealth of Puerto Rico, to 
     carry out the activities described in subsection (h)(1)(B) in 
     fiscal year 2023;
       (III) $5,844,600,000, to remain available until September 
     30, 2027, for States and the Commonwealth of Puerto Rico, to 
     carry out the activities described in subparagraph (A) or (B) 
     of subsection (h)(1), as determined by the State or 
     Commonwealth, in fiscal year 2023; and
       (IV) $2,272,900,000, to remain available until September 
     30, 2027, for States and the Commonwealth of Puerto Rico, to 
     carry out the activities described in subparagraph (A), (B), 
     or (C) of subsection (h)(1), as determined by the State or 
     Commonwealth, in fiscal year 2023; and
       (iii)(I) $20,055,000,000, to remain available until 
     September 30, 2027, for States and the Commonwealth of Puerto 
     Rico, to carry out the activities described in subsection 
     (h)(1)(A) in fiscal year 2024;
       (II) $10,027,500,000, to remain available until September 
     30, 2027, for States and the Commonwealth of Puerto Rico, to 
     carry out the activities described in subsection (h)(1)(B) in 
     fiscal year 2024;
       (III) $7,219,800,000, to remain available until September 
     30, 2027, for States and the Commonwealth of Puerto Rico, to 
     carry out the activities described in subparagraph (A) or (B) 
     of subsection (h)(1), as determined by the State or 
     Commonwealth, in fiscal year 2024; and
       (IV) $2,807,700,000, to remain available until September 
     30, 2027, for States and the Commonwealth of Puerto Rico, to 
     carry out the activities described in subparagraph (A), (B), 
     or (C) of subsection (h)(1), as determined by the State or 
     Commonwealth, in fiscal year 2024.
       (B) State entitlement.--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, such sums as may be necessary for 
     each of fiscal years 2025 through 2027, for payments to 
     States, for carrying out this section (other than carrying 
     out activities described in paragraph (4), (5), or (6)).
       (2) Indian tribes and tribal organizations.--
       (A) Indian tribe and tribal organization appropriations.--
     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, for grants to Indian Tribes and 
     Tribal organizations for the purpose of carrying out the 
     child care program described in this section (other than 
     carrying out activities described in paragraph (4), (5), or 
     (6)), consistent, to the extent practicable as determined by 
     the Secretary, with the requirements applicable to States--
       (i) $960,000,000, to remain available until September 30, 
     2027, to carry out the child care program in fiscal year 
     2022;
       (ii) $1,360,000,000, to remain available until September 
     30, 2027, to carry out the child care program in fiscal year 
     2023; and
       (iii) $1,680,000,000 to remain available until September 
     30, 2027, to carry out the child care program in fiscal year 
     2024.
       (B) Indian tribe and tribal organization entitlement.--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, 
     such sums as may be necessary for each of fiscal years 2025 
     through 2027, for payments to Indian Tribes and Tribal 
     organizations, for the purpose of carrying out the child care 
     program described in this section (other than carrying out 
     activities described in paragraph (4), (5), or (6)), 
     consistent, to the extent practicable as determined by the 
     Secretary, with the requirements applicable to States.
       (3) Territories.--
       (A) Territory appropriations.--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, for grants 
     to Guam, American Samoa, the Commonwealth of the Northern 
     Mariana Islands, and the United States Virgin Islands for the 
     purpose of carrying out the child care program described in 
     this section (other than carrying out activities described in 
     paragraph (4), (5), or (6)), consistent, to the extent 
     practicable as determined by the Secretary, with the 
     requirements applicable to States--
       (i) $120,000,000, to remain available until September 30, 
     2027, to carry out the child care program in fiscal year 
     2022;
       (ii) $170,000,000, to remain available until September 30, 
     2027, to carry out the child care program in fiscal year 
     2023; and
       (iii) $210,000,000, to remain available until September 30, 
     2027, to carry out the child care program in fiscal year 
     2024.
       (B) Territory entitlement.--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, such sums as may be 
     necessary for each of fiscal years 2025 through 2027, for 
     payments to territories, for the purpose of carrying out the 
     child care program described in this section (other than 
     carrying out activities described in paragraph (4), (5), or 
     (6)), consistent, to the extent practicable as determined by 
     the Secretary, with the requirements applicable to States.
       (4) Grants to localities.--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--
       (A) $950,000,000, to remain available until September 30, 
     2027, to carry out the program of grants to localities 
     described in subsection (i)(2) in fiscal year 2023;
       (B) $950,000,000, to remain available until September 30, 
     2027, to carry out the program of grants to localities 
     described in subsection (i)(2) in fiscal year 2024;
       (C) $950,000,000, to remain available until September 30, 
     2027, to carry out the program of grants to localities 
     described in subsection (i)(2) in fiscal year 2025;
       (D) $950,000,000, to remain available until September 30, 
     2027, to carry out the program of grants to localities 
     described in subsection (i)(2) in fiscal year 2026; and
       (E) $950,000,000, to remain available until September 30, 
     2027, to carry out the program of grants to localities 
     described in subsection (i)(2) in fiscal year 2027.
       (5) Head start expansion in nonparticipating states.--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--
       (A) $2,850,000,000, to remain available until September 30, 
     2027, to carry out the program of awards to Head Start 
     agencies described in subsection (i)(3) in fiscal year 2023;
       (B) $2,850,000,000, to remain available until September 30, 
     2027, to carry out the program of awards to Head Start 
     agencies described in subsection (i)(3) in fiscal year 2024;
       (C) $2,850,000,000, to remain available until September 30, 
     2027, to carry out the program of awards to Head Start 
     agencies described in subsection (i)(3) in fiscal year 2025;
       (D) $2,850,000,000, to remain available until September 30, 
     2027, to carry out the program of awards to Head Start 
     agencies described in subsection (i)(3) in fiscal year 2026; 
     and
       (E) $2,850,000,000, to remain available until September 30, 
     2027, to carry out the program of awards to Head Start 
     agencies described in subsection (i)(3) in fiscal year 2027.
       (6) Federal administration.--
       (A) Fiscal years 2022 through 2025.--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--
       (i) $130,000,000, to remain available until September 30, 
     2027, to carry out subsections (k) and (l) in fiscal year 
     2022;
       (ii) $130,000,000, to remain available until September 30, 
     2027, to carry out subsections (k) and (l) in fiscal year 
     2023;
       (iii) $130,000,000, to remain available until September 30, 
     2027, to carry out subsections (k) and (l) in fiscal year 
     2024; and
       (iv) $130,000,000, to remain available until September 30, 
     2027, to carry out subsections (k) and (l) in fiscal year 
     2025.
       (B) Fiscal years 2026 through 2027.--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 each of fiscal years 
     2026 and 2027, an amount equal to 1.06 percent of the prior 
     year's appropriation under paragraph (1)(B), to carry out 
     subsections (k) and (l).
       (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 an eligible child, in a State, territory, or Indian 
     Tribe, or served by a Tribal organization, with an approved 
     application under subsection (f) or (g), shall be provided an 
     opportunity to obtain high-quality child care services, 
     subject to the requirements of this section.
       (2) Assistance for every eligible child.--Beginning on 
     October 1, 2024, every child who applies for assistance under 
     this section, who is in a State with an approved application 
     under subsection (g), or in a territory or Indian Tribe or 
     served by a Tribal organization with an approved application 
     under subsection (f), and who is determined, by a lead agency 
     (or other entity designated by a lead agency) for the State, 
     territory, Indian Tribe, or Tribal organization involved, 
     following standards and procedures established by the 
     Secretary by rule, to be an eligible child, shall be offered 
     assistance for direct child care services 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 for the State, territory, 
     or Indian tribe or a related tribal organization to receive a 
     payment under this section, shall designate a lead agency

[[Page H6393]]

     (such as a State agency or joint interagency office) to 
     administer the child care program carried out under this 
     section.
       (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 containing a State plan 
     that--
       (A) for a transitional State plan, meets the requirements 
     under paragraph (3) 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 
     paragraph (4) 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 period of not 
     more than 3 years; and
       (B) for a full State plan, during a period of not more than 
     3 years.
       (3) Requirements for transitional state plans.--For a 
     period of not more than 3 years 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) at such time, in such manner, and containing such 
     information as the Secretary shall require, including, 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 
     assistance for direct child care services 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 shall 
     award funds under this section to States with an approved 
     application that contains a full State plan, submitted under 
     paragraph (1)(B), at such time, in such manner, and 
     containing such information as the Secretary shall by rule 
     require, including, 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 direct 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 first 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 for direct 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 eligible child care providers described in 
     subparagraph (B), and variations in the cost of direct child 
     care services by geographic area, type of provider, and age 
     of child, and the additional costs associated with providing 
     inclusive care;
       (II) certify that the State's payment rates for direct 
     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 direct 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; and

       (III) certify that the State will update, not less often 
     than once every 3 years, the cost estimation model or cost 
     study described in subclause (I).

       (iii) Payment practices.--Such State plan shall include an 
     assurance that the State will implement payment practices 
     that support the fixed costs of providing direct child care 
     services.
       (B) Tiered system for measuring the quality of eligible 
     child care providers.--Such State plan shall certify that the 
     State has implemented, or assure that the State will 
     implement within 3 years after first 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 meeting 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 after first receiving funds under 
     this section, policies and financing practices that will 
     ensure all eligible children can choose 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 first 
     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 clause (ii)(I), 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 but not more than 250 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.

       (F) Prohibition on charging more than copayment.--The State 
     plan shall certify that the State will 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 12 months unless the child has aged out of the program, 
     and the child's eligibility determination and 
     redetermination, including any determination based on the 
     State's definition of eligible activities, shall be 
     implemented in 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 demonstrate 
     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, 
     children experiencing homelessness, children in foster or 
     kinship care, children who receive care during nontraditional 
     hours, and vulnerable children as defined by the lead agency 
     pursuant to subsection (b)(4)(A)(iv)(II).
       (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 (42 U.S.C. 9858f), to child care 
     services provided under this section.
       (J) Licensing.--The State plan shall demonstrate that the 
     State has consulted or will consult with organizations 
     (including labor organizations) representing child care 
     directors, teachers, or other staff, early childhood 
     education and development experts, and families to develop, 
     within 2.5 years after first receiving funds under this 
     section, licensing standards

[[Page H6394]]

     appropriate 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, that will offer providers 
     eligible under the Child Care and Development Block Grant Act 
     of 1990 a reasonable pathway to become eligible providers 
     under this section, and that will assure an adequate supply 
     of child care. Such plan shall describe the timeline the 
     State will use to ensure sufficient time for providers 
     described in subsection (b)(5)(B) to comply with such 
     licensing standards in order to remain eligible providers 
     after 3.5 years after the State first receives funding under 
     this section.
       (g) Payments.--
       (1) Payments for fiscal years 2022 through 2024.--
       (A) Definitions.--For purposes of this paragraph--
       (i) the term ``State'' means the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico; and
       (ii) the term ``territory'' means Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and the United 
     States Virgin Islands.
       (B) Allotments.--For each of fiscal years 2022 through 
     2024, the Secretary shall, from the amount appropriated under 
     subsection (c)(1)(A) for such fiscal year, make allotments to 
     each State with an application approved under subsection (f) 
     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. 9858m(b)).
       (C) Payments.--
       (i) Indian tribes and tribal organizations.--

       (I) In general.--For each of fiscal years 2022 through 
     2024, from the amount appropriated for Indian Tribes and 
     Tribal organizations under subsection (c)(2)(A), the 
     Secretary shall make payments to Indian Tribes and Tribal 
     organizations with an application approved under subclause 
     (II), and the Tribes and Tribal organizations shall be 
     entitled to such payments for the purpose of carrying out the 
     child care program described in this section, consistent, to 
     the extent practicable as determined by the Secretary, with 
     the requirements applicable to States.
       (II) Applications.--An Indian Tribe or Tribal organization 
     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 an agreement to provide reports under subsection 
     (j)(7).
       (III) Special rule.--The Secretary shall determine 
     eligibility criteria for children from Indian tribes who are 
     less than 6 years of age and not yet in kindergarten, which 
     eligibility criteria shall not be more stringent than the 
     eligibility criteria under subsection (b)(4)(A).

       (ii) Territories.--

       (I) In general.--For each of fiscal years 2022 through 
     2024, from the amount appropriated for territories under 
     subsection (c)(3)(A), the Secretary shall make payments to 
     the territories with an application approved under subclause 
     (II), and the territories shall be entitled to such payments, 
     for the purpose of carrying out the child care program 
     described in this section, consistent, to the extent 
     practicable as determined by the Secretary, with the 
     requirements applicable to States.
       (II) Applications.--A territory 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 an agreement to provide 
     reports under subsection (j)(7).

       (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 (B) for such 
     fiscal year.
       (D) Authorities.--
       (i) Fiscal years 2022 through 2024.--Notwithstanding any 
     other provision of this paragraph, for each of fiscal years 
     2022 through 2024, the Secretary shall have the authority--

       (I) to reallot funds that were allotted under subparagraph 
     (B) from any State without an approved application under 
     subsection (f) by the date required by the Secretary, to 
     States with an approved application under that subsection; 
     and
       (II) to reallot any amounts available for payments under 
     subparagraph (C) that the Secretary elected to allot for--

       (aa) an Indian Tribe or Tribal organization without an 
     approved application under subparagraph (C)(i)(II) by the 
     date required by the Secretary, to Tribes or Tribal 
     organizations with such an approved application; and
       (bb) any territory without an approved application under 
     subparagraph (C)(ii)(II) by the date required by the 
     Secretary, to territories with such an approved application.
       (ii) Fiscal year 2025.--Notwithstanding any other provision 
     of this section, on October 1, 2024, the Secretary shall have 
     the authority to reallot funds from payments made under 
     subparagraph (C) that are unobligated on such date, to any 
     entity without such unobligated funds that is a State with an 
     approved application under subsection (f), an Indian Tribe or 
     Tribal organization with an approved application under 
     subparagraph (C)(i)(II), or a territory with an approved 
     application under subparagraph (C)(ii)(II), to carry out the 
     purposes of this section.
       (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 
     95.440 percent of expenditures (which shall be the Federal 
     share of such expenditures) in the quarter for direct child 
     care services described under subsection (h)(2)(B) for 
     eligible children.
       (II) Exception.--Funds reserved from the total under 
     subsection (h)(2)(C) shall be subject to clause (ii).
       (III) Prohibition.--Activities described in clause (ii) and 
     clause (iii) may not be included in the cost of direct child 
     care services described in this clause.

       (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 equal to the product of 1.06045 and 
     the FMAP of expenditures (which product shall be the Federal 
     share of such expenditures) to carry out activities to 
     improve the quality and supply of child care services 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 equal to 53.022 percent of 
     expenditures (which shall be the Federal share of such 
     expenditures) for the costs of administration incurred by the 
     State--

       (I) which shall include 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 of 1990 (42 U.S.C. 9858f).

       (B) Advance payment; retrospective adjustment.--For each of 
     fiscal years 2025 through 2027, the Secretary shall make 
     payments under this paragraph for a period 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 
     periods. No interest shall be charged or paid on any amount 
     due because of an overpayment or underpayment for previous 
     periods.
       (C) Territories and tribes.--For each of fiscal years 2025 
     through 2027, from the amounts appropriated under paragraph 
     (2)(B) or (3)(B) of subsection (c) the Secretary shall make 
     payments to territories, and Indian Tribes and Tribal 
     organizations, as the case may be, with applications 
     submitted as described in paragraph (1), and approved by the 
     Secretary for the purpose of carrying out the child care 
     program described in this section, consistent, to the extent 
     practicable as determined by the Secretary (subject to 
     subsection (d)(2)), with the requirements applicable to 
     States. The Secretary shall make the payments to such 
     territories, Indian Tribes, and Tribal organizations on the 
     basis of their relative need. Each entity that is such a 
     territory, Indian Tribe, or Tribal organization shall be 
     entitled to such a payment as may be necessary to carry out 
     the activities described in subsection (h)(2), and to pay for 
     the costs of administration incurred by the entity, which 
     shall include costs incurred by the entity in carrying out 
     the child care program, and which may include, at the option 
     of the entity, costs associated with carrying out 
     requirements, policies, and procedures described in section 
     658H of the Child Care and Development Block Grant Act of 
     1990.
       (h) Use of Funds.--
       (1) Use of funds for fiscal years 2022 through 2024.--For 
     each of fiscal years 2022 through 2024, a State (as defined 
     in subsection (g)(1)) that receives a payment under 
     subsection (g)(1) shall use such payment for--
       (A) assistance for direct child care services, which shall 
     consist only of--
       (i) assistance for direct child care services for eligible 
     children through grants and contracts, and child care 
     certificates;
       (ii) increasing child care provider payment rates to 
     support the cost of providing high-quality direct child care 
     services, including rates sufficient to support increased 
     wages for staff of eligible child care providers; and
       (iii) waiving or reducing copayments, to ensure that the 
     families of children receiving assistance under this section 
     do not pay more than 7 percent of family income toward the 
     cost of the child care involved for all eligible children in 
     the family;
       (B) activities described in paragraph (2)(C), without 
     regard to the requirement in clause (i)(I) of such paragraph 
     or to the references to a quality child care amount in such 
     paragraph; and
       (C) costs of administration incurred by the State, which 
     shall include the costs described in subclause (I) of 
     subsection (g)(2)(A)(iii) and may, at the option of the 
     State, include the costs described in subclause (II) of such 
     subsection.
       (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 
     direct child care services (provided on a sliding fee scale 
     basis), activities to improve the quality and supply of child 
     care services consistent with paragraph (C), and State 
     administration consistent with subsection (g)(2)(A)(iii).
       (B) Child care assistance for eligible children.--
       (i) In general.--For each of fiscal years 2025 through 
     2027, from payments made to the State under subsection (g)(2) 
     for that particular fiscal year, the State shall ensure that 
     parents of eligible children can access direct child care 
     services provided by an eligible child care provider under 
     this section through a grant or contract as described in 
     clause (ii) or a certificate as described in clause (iii).

[[Page H6395]]

       (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 under this section 
     that, at a minimum--

       (I) support providers' operating expenses to meet and 
     sustain health, safety, quality, and wage standards required 
     under this section; and
       (II) address underserved populations described in 
     subsection (f)(4)(H).

       (iii) Certificates.--The State shall issue a child care 
     certificate directly to a parent who shall use such 
     certificate only as payment for direct child care services or 
     as a deposit for direct 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 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 the previous 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 this subparagraph to 
     improve the quality and supply of child care services by 
     eligible child care providers, and increase 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.--Activities funded 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) Quality and supply 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, achieving licensure, and meeting requirements 
     in the State's tiered system for measuring the quality of 
     eligible child care providers.
       (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 support 
     eligible child care providers in 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 eligible 
     child care providers under subsection (f)(4)(B); and
       (bb) supporting such providers in sustaining child care 
     quality, including supporting increased wages for staff and 
     supporting payment of fixed costs.

       (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 award such facilities grants for construction, 
     permanent improvement, or major renovation of a building or 
     facility primarily used for providing direct 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) Limitation.--For purposes of subclause (III), the 
     Secretary shall not--

       (aa) enter into any agreement related to funds for 
     activities carried out under subclause (III)--
       (AA) that is for a term extending beyond September 30, 
     2031; and
       (BB) under which any payment could be outlaid after 
     September 30, 2031; or
       (bb) use any other funds available to the Secretary, other 
     than funds provided under this section, to satisfy 
     obligations initially made for activities carried out under 
     subclause (III).

       (V) State 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 
     available for this program, 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 eligible child 
     care providers under subsection (f)(4)(B);
       (cc) improving the supply and quality of developmentally 
     appropriate and inclusive child care programs and services 
     for underserved populations described in subsection 
     (f)(4)(H);
       (dd) improving access to child care services for vulnerable 
     children as defined by the lead agency pursuant to subsection 
     (b)(4)(A)(iv)(II); and
       (ee) providing outreach and enrollment support for families 
     of eligible children.

       (VI) 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 and Awards to Head Start 
     Programs.--
       (1) Eligible locality defined.--In this subsection, the 
     term ``eligible locality'' means a city, county, or other 
     unit of general local government.
       (2) Grants to localities.--
       (A) In general.--The Secretary shall use funds appropriated 
     under subsection (c)(4) to award local Birth Through Five 
     Child Care and Early Learning Grants, in accordance with 
     rules established by the Secretary, to eligible localities 
     located in States that have not received payments under 
     subsection (g). The Secretary shall award the grants to 
     eligible localities in such a State from the allotment made 
     for that State under subparagraph (B).
       (B) Allotments.--
       (i) Poverty line defined.--In this subparagraph, the term 
     ``poverty line'' means the poverty line defined and revised 
     as described in section 673 of the Community Services Block 
     Grant Act (42 U.S.C. 9902).
       (ii) General authority.--For each State described in 
     subparagraph (A), the Secretary shall allot for the State for 
     a fiscal year an amount that bears the same relationship to 
     the funds appropriated under subsection (c)(4) for the fiscal 
     year as the number of children from families with family 
     incomes that are below 200 percent of the poverty line, and 
     who are under the age of 6, in the State bears to the total 
     number of all such children in all States described in 
     subparagraph (A).
       (C) Application.--To receive a grant from the corresponding 
     State allotment under subparagraph (B), 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 subsection (f).
       (D) Requirements.--The Secretary shall specify the 
     requirements for an eligible locality to provide access to 
     child care, which child care requirements shall, to the 
     greatest extent practicable, be consistent with the 
     requirements applicable to States under this section.
       (E) Recoupment of unused funds.--Notwithstanding any other 
     provision of this section, for each of fiscal years 2023 
     through 2027, the Secretary shall have the authority to 
     recoup any unused funds allotted under subparagraph (B) for 
     awards under paragraph (3)(A) to Head Start agencies in 
     accordance with paragraph (3).
       (3) Head start expansion in nonparticipating states.--
       (A) In general.--The Secretary shall use funds appropriated 
     under subsection (c)(5) or recouped under paragraph (2) to 
     make awards to Head Start agencies in a State described in 
     paragraph (2)(A) to carry out the purposes of the Head Start 
     Act in such State.
       (B) Rule.--For purposes of carrying out the Head Start Act 
     in circumstances not involving awards under this paragraph, 
     funds awarded under subparagraph (A) shall not be included in 
     the calculation of a ``base grant'' as such term is defined 
     in section 640(a)(7)(A) of the Head Start Act (42 U.S.C. 
     9835(a)(7)(A)).
       (C) Definition.--In this paragraph, the term ``Head Start 
     agency'' means an entity designated or eligible to be 
     designated as a Head Start agency under section 641(a)(1) of 
     the Head Start Act or as an Early Head Start agency (by 
     receiving a grant) under section 645A(a) of such Act.
       (4) Priority for serving underserved populations.--In 
     making determinations to award a grant or make an award under 
     this subsection, the Secretary shall give priority to 
     entities serving a high percentage of individuals from 
     underserved populations described in subsection (f)(4)(H).
       (j) Program Requirements.--
       (1) Nondiscrimination.--The following provisions of law 
     shall apply to any program or activity that receives funds 
     provided under this section:

[[Page H6396]]

       (A) Title IX of the Education Amendments of 1972.
       (B) Title VI of the Civil Rights Act of 1964.
       (C) Section 504 of the Rehabilitation Act of 1973.
       (D) The Americans with Disabilities Act of 1990.
       (E) Section 654 of the Head Start Act.
       (2) Prohibition on additional eligibility requirements.--No 
     individual shall be determined, by the Secretary, a State, or 
     another recipient of funds under this section, to be 
     ineligible for child care services provided under this 
     section, except on the basis of eligibility requirements 
     specified in or under this section.
       (3) Maintenance of effort.--
       (A) In general.--A State that receives payments under this 
     section for a fiscal year, in using the funds made available 
     through the payments, shall maintain the expenditures of the 
     State for child care services at the average level of such 
     expenditures by the State for the 3 preceding fiscal years.
       (B) Counting rule.--State expenditures counted for purposes 
     of meeting the requirement in subparagraph (A) may also be 
     counted for purposes of meeting the requirement to provide a 
     non-Federal share under clause (i), (ii), or (iii), as 
     appropriate, of subsection (g)(2)(A).
       (4) Supplement not supplant.--Funds received under this 
     section shall be used to supplement and not supplant other 
     Federal, State, and local public funds expended to provide 
     child care services in the State on the date of enactment of 
     this Act, calculated as the average amount of such Federal, 
     State, and local public funds expended for fiscal years 2019, 
     2020, and 2021.
       (5) Allowable sources of non-federal share.--For purposes 
     of providing the non-Federal share required under subsection 
     (g)(2), a State's non-Federal share--
       (A) for direct child care services described in subsection 
     (g)(2)(A)(i)--
       (i) shall not include contributions being used as a non-
     Federal share or match for another Federal award; and
       (ii) shall be provided from State or local sources, 
     contributions from philanthropy or other private 
     organizations, or a combination of such sources and 
     contributions; and
       (B) for activities to improve the quality and supply of 
     child care services described in subsection (g)(2)(A)(ii), 
     and administration described in subsection (g)(2)(A)(iii)--
       (i) shall not include contributions being used as a non-
     Federal share or match for another Federal award;
       (ii) shall be provided from State or local sources, 
     contributions from philanthropy or other private 
     organizations, or a combination of such sources and 
     contributions; and
       (iii) may be in cash or in kind, fairly evaluated, 
     including facilities or property, equipment, or services.
       (6) Information for determinations.--For purposes of 
     determinations of participation in an eligible activity, the 
     provision of information for such determinations by Federal 
     agencies other than the Department of Health and Human 
     Services shall not be required.
       (7) Reports.--A State, Indian Tribe, Tribal organization, 
     or territory receiving funds under this section shall provide 
     to the Secretary such periodic reports, providing a detailed 
     accounting of the uses of the funds received under this 
     section, as the Secretary may require for the administration 
     of this section. The State, Indian Tribe, Tribal 
     organization, or territory shall begin to provide the reports 
     beginning not later than 60 days after its initial receipt of 
     a payment under subsection (g)(1).
       (k) Monitoring and Enforcement.--
       (1) Review of compliance with requirements and state 
     plan.--The Secretary shall review and monitor compliance of 
     States, territories, Tribal entities, and local entities with 
     this section and State compliance with the plan described in 
     subsection (f)(4).
       (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) Federal Administration.--Using funds reserved under 
     subsection (c)(6), the Secretary shall carry out 
     administration of this section, shall provide (including 
     through the use of grants or cooperative agreements) 
     technical assistance to States, territories, Indian Tribes, 
     and Tribal organizations, and shall carry out research, and 
     evaluations 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 
     assistance for direct child care services to children who are 
     under the age of 6, are not yet in kindergarten, and 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 on the date funding is first 
     allocated to the lead agency for the State, territory, Indian 
     Tribe, or Tribal organization involved 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)(1).

     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 meaning of section 636 of the Head 
     Start Act (42 U.S.C. 9831).
       (4) Dual language learner.--The term ``dual language 
     learner'' means a child who is learning 2 or more languages 
     at the same time, or a child who is learning a second 
     language while continuing to develop the child's first 
     language.
       (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;
       (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) Head start agency.--The term ``Head Start agency'', as 
     used in paragraph (6)(B), or subsection (c)(5)(D) or (f)(1), 
     means an entity designated as a Head Start agency under 
     section 641(a)(1) of the Head Start Act or as an Early Head 
     Start agency (by receiving a grant) under section 645A(a) of 
     such Act.
       (8) 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).
       (9) 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 (20 U.S.C. 
     7801).
       (10) Poverty line.--The term ``poverty line'' means the 
     poverty line defined and revised as described in section 673 
     of the Community Services Block Grant Act (42 U.S.C. 9902).
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (12) State.--The term ``State'' means each of the several 
     States and the District of Columbia.
       (13) 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.
       (14) 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).
       (b) Universal Preschool.--
       (1) Appropriations for states.--
       (A) In general.--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--
       (i) $4,000,000,000, to remain available until September 30, 
     2027, for payments to States, for carrying out this section 
     (except provisions and activities covered by paragraph (2)) 
     in fiscal year 2022;
       (ii) $6,000,000,000, to remain available until September 
     30, 2027, for payments to States, for carrying out this 
     section (except provisions and activities covered by 
     paragraph (2)) in fiscal year 2023; and
       (iii) $8,000,000,000, to remain available until September 
     30, 2027, for payments to States, for carrying out this 
     section (except provisions and activities covered by 
     paragraph (2)) in fiscal year 2024.
       (B) Additional appropriations.--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, such sums as may be 
     necessary for each of fiscal years 2025 through 2027, to 
     remain available for 1 additional fiscal year, for payments 
     to States, for carrying out this section (except provisions 
     and activities covered by paragraph (2)).
       (2) Additional appropriations.--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--
       (A) $2,500,000,000, to remain available until September 30, 
     2027, for carrying out payments to Indian Tribes and Tribal 
     organizations for activities described in this section;
       (B) $1,000,000,000, to remain available until September 30, 
     2027, for carrying out payments to the territories, to be 
     distributed among the territories on the basis of their 
     relative need, as determined by the Secretary in accordance 
     with the objectives of this section, for activities described 
     in this section;

[[Page H6397]]

       (C) $300,000,000, to remain available until September 30, 
     2027, for carrying out payments to eligible local entities 
     that serve children in families who are engaged in migrant or 
     seasonal agricultural labor, for activities described in this 
     section;
       (D)(i) $165,000,000, to remain available until September 
     30, 2027, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, in fiscal year 2022;
       (ii) $200,000,000 to remain available until September 30, 
     2027, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, in fiscal year 2023;
       (iii) $200,000,000, to remain available until September 30, 
     2027, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, in fiscal year 2024;
       (iv) $208,000,000, to remain available until September 30, 
     2027, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, in fiscal year 2025;
       (v) $212,000,000, to remain available until September 30, 
     2027, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, in fiscal year 2026; and
       (vi) $216,000,000, to remain available until September 30, 
     2027, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, in fiscal year 2027;
       (E)(i) $2,500,000,000, to remain available until September 
     30, 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) of such Act (42 U.S.C. 
     9848(a)), in fiscal year 2022;
       (ii) $2,500,000,000, to remain available until September 
     30, 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) of such Act (42 U.S.C. 
     9848(a)), in fiscal year 2023;
       (iii) $2,500,000,000, to remain available until September 
     30, 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) of such Act (42 U.S.C. 
     9848(a)), in fiscal year 2024;
       (iv) $2,500,000,000, to remain available until September 
     30, 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) of such Act (42 U.S.C. 
     9848(a)), in fiscal year 2025;
       (v) $2,500,000,000, to remain available until September 30, 
     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) of such Act (42 U.S.C. 9848(a)), in fiscal 
     year 2026; and
       (vi) $2,500,000,000, to remain available until September 
     30, 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) of such Act (42 U.S.C. 
     9848(a)), in fiscal year 2027;
       (F)(i) $1,900,000,000, to remain available until September 
     30, 2027, to carry out the program of grants to localities 
     described in subsection (f)(2) in fiscal year 2023;
       (ii) $1,900,000,000, to remain available until September 
     30, 2027, to carry out the program of grants to localities 
     described in subsection (f)(2) in fiscal year 2024;
       (iii) $1,900,000,000, to remain available until September 
     30, 2027, to carry out the program of grants to localities 
     described in subsection (f)(2) in fiscal year 2025;
       (iv) $1,900,000,000, to remain available until September 
     30, 2027, to carry out the program of grants to localities 
     described in subsection (f)(2) in fiscal year 2026; and
       (v) $1,900,000,000, to remain available until September 30, 
     2027, to carry out the program of grants to localities 
     described in subsection (f)(2) in fiscal year 2027; and
       (G)(i) $1,900,000,000, to remain available until September 
     30, 2027, to carry out the program of awards to Head Start 
     agencies described in subsection (f)(3) in fiscal year 2023;
       (ii) $1,900,000,000, to remain available until September 
     30, 2027, to carry out the program of awards to Head Start 
     agencies described in subsection (f)(3) in fiscal year 2024;
       (iii) $1,900,000,000, to remain available until September 
     30, 2027, to carry out the program of awards to Head Start 
     agencies described in subsection (f)(3) in fiscal year 2025;
       (iv) $1,900,000,000, to remain available until September 
     30, 2027, to carry out the program of awards to Head Start 
     agencies described in subsection (f)(3) in fiscal year 2026; 
     and
       (v) $1,900,000,000, to remain available until September 30, 
     2027, to carry out the program of awards to Head Start 
     agencies described in subsection (f)(3) in fiscal year 2027.
       (c) Payments for State Universal Preschool Services.--
       (1) In general.--A State that has submitted, and had 
     approved by the Secretary, the State plan described in 
     paragraph (5) is entitled to a payment under this subsection.
       (2) Payments to states.--
       (A) Payments for fiscal years 2022 through 2024.--From 
     amounts made available under subsection (b)(1) for any of 
     fiscal years 2022 through 2024, the Secretary, in 
     collaboration with the Secretary of Education, shall allot 
     for the fiscal year, to each State that has a State plan 
     under paragraph (5) or transitional State plan under 
     paragraph (7) that is approved for a period including that 
     fiscal year, an amount for the purpose of providing grants to 
     eligible providers to provide high-quality preschool, using a 
     formula that considers--
       (i) the proportion of the number of children who are below 
     the age of 6 and whose families have a family income at or 
     below 200 percent of the poverty line for the most recent 
     year for which satisfactory data are available, residing in 
     the State, as compared to the number of such children, who 
     reside in all States with approved plans for the fiscal year 
     for which the allotment is being made; and
       (ii) the existing Federal preschool investments in the 
     State under the Head Start Act, as of the date of the 
     allotment.
       (B) Payments for fiscal years 2025 through 2027.--
       (i) Preschool services.--For each of fiscal years 2025 
     through 2027, the Secretary shall pay to each State with an 
     approved State plan under paragraph (5), an amount for that 
     year equal to--

       (I) 95.440 percent of the State's expenditures in the year 
     for preschool services provided under subsection (d), for 
     fiscal year 2025;
       (II) 79.534 percent of the State's expenditures in the year 
     for such preschool services, for fiscal year 2026; and
       (III) 63.627 percent of the State's expenditures in the 
     year for such preschool services, for fiscal year 2027.

       (ii) State activities.--The Secretary shall pay to each 
     State with an approved State plan under paragraph (5) an 
     amount for a fiscal year equal to 53.022 percent of the 
     amount of the State's expenditures for the activities 
     described in paragraph (3), except that in no case shall a 
     payment for a fiscal year under this clause exceed the amount 
     equal to 10 percent of the State's expenditures described in 
     clause (i) for such fiscal year.
       (iii) Non-federal share.--The remainder of the cost paid by 
     the State for preschool services, that is not provided under 
     clause (i), 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 clause 
     (ii), shall be considered the non-Federal share of the cost 
     of those activities.
       (iv) Advance payment; retrospective adjustment.--The 
     Secretary shall make a payment under clause (i) or (ii) 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 shall reduce or increase 
     the payment as necessary to adjust for any overpayment or 
     underpayment for a previous year.
       (C) Authorities.--
       (i) Fiscal years 2022 through 2024.--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 paragraph (5) 
     by the date required by the Secretary, to States with an 
     approved application under that subsection.
       (ii) Fiscal year 2025.--Notwithstanding any other provision 
     of this section, on October 1, 2024, the Secretary shall have 
     the authority to reallot funds from payments made from 
     allotments under subparagraph (A) that are unobligated on 
     such date, to any State without such unobligated funds that 
     is a State with an approved application under paragraph (5), 
     to carry out the purposes of this section.
       (3) State activities.--A State that receives a payment 
     under paragraph (2) shall carry out all of the following 
     activities:
       (A) State administration of the State preschool program 
     described in this section.
       (B) Supporting a continuous quality improvement system for 
     providers of preschool services participating, or seeking to 
     participate, in the State preschool program, through the use 
     of data, researching, monitoring, training, technical 
     assistance, professional development, and coaching.
       (C) Providing outreach and enrollment support for families 
     of eligible children.
       (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.
       (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 a statewide needs assessment of 
     access to high-quality preschool services.
       (4) Lead agency.--The Governor of a State desiring for the 
     State to receive a payment under this subsection shall 
     designate a lead agency (such as a State agency or joint 
     interagency office) for the administration of the State's 
     preschool program under this section.
       (5) State plan.--In order to be eligible for payments under 
     this section, the Governor of a State shall submit a State 
     plan to the Secretary for approval by the Secretary, in 
     collaboration with the Secretary of Education, at such time, 
     in such manner, and containing such information as the 
     Secretary shall by rule require, that includes a plan for 
     achieving universal, high-quality, free, inclusive, and 
     mixed-delivery preschool services. Such plan shall include, 
     at a minimum, each of the following:
       (A) A certification that--

[[Page H6398]]

       (i) 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; and
       (ii) the State will coordinate such standards with other 
     early learning standards in the State.
       (B) An assurance that the State will ensure--
       (i) all preschool services in the State funded under this 
     section will--

       (I) be universally available to all children in the State 
     without any additional eligibility requirements;
       (II) be high-quality, free, and inclusive; and
       (III) by not later than 1 year after the State receives 
     such funding, meet the State's preschool education standards 
     described in subparagraph (A); and

       (ii) that the local preschool programs in the State funded 
     under this section will--

       (I) offer programming that meets the duration requirements 
     of at least 1,020 annual hours;
       (II) adopt policies and practices to conduct outreach and 
     provide expedited enrollment, including prioritization, to--

       (aa) children experiencing homelessness (which, in the case 
     of a child attending a program provided by an eligible 
     provider described in subsection (a)(6)(A), shall include 
     immediate enrollment for the child);
       (bb) children in foster care or kinship care;
       (cc) children in families who are engaged in migrant or 
     seasonal agricultural labor;
       (dd) children with disabilities, including eligible 
     children who are served under part C of the Individuals with 
     Disabilities Education Act; and
       (ee) dual language learners;

       (III) provide for salaries, and set schedules for salaries, 
     for staff of providers in the State preschool program that 
     are equivalent to salaries of elementary school staff with 
     similar credentials and experience;
       (IV) at a minimum, provide a living wage for all staff of 
     such providers; and
       (V) require educational qualifications for teachers 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 6 years after the date on which the State first 
     receives funds under this Act, except that--

       (aa) subject to item (bb), the requirements under this 
     subclause shall not apply to individuals who were employed by 
     an eligible provider or early education program for a 
     cumulative 3 of the 5 years immediately preceding the date of 
     enactment of this Act and have the necessary content 
     knowledge and teaching skills for early childhood educators, 
     as demonstrated through measures determined by the State; and
       (bb) nothing in this section shall require the State to 
     lessen State requirements for educational qualifications, in 
     existence on the date of enactment of this Act, to serve as a 
     teacher in a State preschool program.
       (C) For States with existing publicly funded State 
     preschool programs (as of the date of submission of the State 
     plan), a description of how the State plans to use funding 
     provided under this section to ensure that such existing 
     programs in the State meet the requirements of this section 
     for a State preschool program.
       (D) A description of how the State, in establishing and 
     operating the State preschool program supported under this 
     section, will--
       (i) support a mixed-delivery system for any new slots 
     funded under this section, including by facilitating the 
     participation of Head Start programs and programs offered by 
     licensed child care providers;
       (ii) ensure the State preschool program does not disrupt 
     the stability of infant and toddler child care throughout the 
     State;
       (iii) ensure adequate consultation with the State Advisory 
     Council on Early Childhood Education and Care designated or 
     established in section 642B(b)(1)(A)(i) of the Head Start Act 
     (42 U.S.C. 9837b(b)(1)(A)(i)) in the development of its plan, 
     including consultation in how the State intends to distribute 
     slots under clause (v);
       (iv) partner with Head Start agencies to ensure the full 
     utilization of Head Start programs within the State; and
       (v) distribute new preschool slots equitably among child 
     care (including family child care) providers, Head Start 
     agencies, and schools within the State.
       (E) A certification that the State, in operating the 
     program described in this section for a fiscal year--
       (i) will not reduce the total preschool slots provided in 
     State-funded preschool programs from the number of such slots 
     in the previous fiscal year; or
       (ii) if the number of eligible children identified in the 
     State declines from the previous fiscal year, will maintain 
     at least the previous year's ratio of the total preschool 
     slots described in clause (i) to eligible children so 
     identified.
       (F) 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, and a description of how the 
     State will collaborate with entities carrying out programs 
     under section 619 or part C of the Individuals with 
     Disabilities Education Act, to support inclusive preschool 
     programs.
       (G) 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.
       (H) A certification that the State will ensure a highly 
     qualified early childhood workforce to support the 
     requirements of this section.
       (I) 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.
       (J) A certification that subgrant and contract amounts 
     provided as described in subsection (d) will be sufficient to 
     enable eligible providers to meet the requirements of this 
     section, and will provide for increased payment amounts based 
     on the criteria described in subclauses (III) and (IV) of 
     subparagraph (B)(ii).
       (K) An agreement to provide to the Secretary such periodic 
     reports, providing a detailed accounting of the uses of 
     funding received under this section, as the Secretary may 
     require for the administration of this section.
       (6) Duration of the plan.--Each State plan shall remain in 
     effect for a period of not more than 3 years. Amendments to 
     the State plan shall remain in effect for the duration of the 
     plan.
       (7) Transitional state plan.--
       (A) In general.--The Secretary shall develop parameters 
     for, and allow a State to submit for purposes of this 
     subsection for a period of not more than 3 years, a 
     transitional State plan, at such time, in such manner and 
     containing such information as the Secretary shall require.
       (B) Contents.--The transitional plan shall--
       (i) demonstrate that the State will meet the requirements 
     of such plan as determined by the Secretary; and
       (ii) include, at a minimum--

       (I) an assurance that the State will submit a State plan 
     under paragraph (5);
       (II) a description of how the funds received by the State 
     under this section will be spent to expand access to 
     universal, high-quality, free, inclusive, and mixed-delivery 
     preschool in alignment with the requirements of this section; 
     and
       (III) such data as the Secretary may require on the 
     provision of preschool services in the State.

       (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) for a fiscal year shall use amounts 
     provided through the payment to pay the costs of subgrants 
     to, or contracts with, eligible providers to operate 
     universal, high-quality, free, and inclusive preschool 
     programs (which State-funded programs may be referred to in 
     this section as ``local preschool programs'') through the 
     State preschool program in accordance with paragraph (3). 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)(2)(B)(iv).
       (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 local preschool program that 
     meets the requirements of subsection (c)(5)(B), 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 local preschool 
     programs funded under this subsection to a high percentage of 
     low-income children to support comprehensive services.
       (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 local preschool programs 
     within and across high-need communities by awarding subgrants 
     or contracts to eligible providers operating within and 
     across, or with capacity to operate within and across, such 
     high-need communities. The State shall--
       (i) use a research-based methodology approved by the 
     Secretary to identify such high-need communities, as 
     determined by--

       (I) the rate of poverty in the community;
       (II) rates of access to high-quality preschool within the 
     community; and
       (III) other indicators of community need as required by the 
     Secretary; and

       (ii) distribute funding for 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 preschool 
     services in communities with lower levels of need.
       (B) Use of funds.--Subgrants or contracts awarded under 
     subparagraph (A) shall be used to enroll and serve children 
     in such a local preschool program involved, including by 
     paying the costs--
       (i) of personnel (including classroom and administrative 
     personnel), including compensation and benefits;
       (ii) associated with implementing the State's preschool 
     standards, providing curriculum supports, and meeting early 
     learning and development standards;
       (iii) of professional development, teacher supports, and 
     training;
       (iv) of implementing and meeting developmentally 
     appropriate health and safety standards (including licensure, 
     where applicable), teacher to child ratios, and group size 
     maximums;
       (v) of materials, equipment, and supplies; and

[[Page H6399]]

       (vi) of rent or a 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) meets the requirements of 
     paragraph (3) with respect to establishing and expanding 
     local preschool programs within and across high-need 
     communities, the State shall use funds from such payment to 
     enroll and serve children in local preschool programs, as 
     described in such paragraph, in additional communities in 
     accordance with the metrics described in paragraph (3)(A)(i). 
     Such funds shall be used for the activities described in 
     clauses (i) through (vi) of paragraph (3)(B).
       (e) Payments for Universal Preschool Services Indian Tribes 
     and Territories.--
       (1) Indian tribes and tribal organizations.--
       (A) In general.--For each of fiscal years 2022 through 
     2027, from the amount appropriated for Indian Tribes and 
     Tribal organizations under subsection (b)(2)(A), the 
     Secretary shall make payments to Indian Tribes and Tribal 
     organizations with an application approved under subparagraph 
     (B), and the Tribes and Tribal organizations shall be 
     entitled to such payments for the purpose of carrying out the 
     preschool program described in this section, consistent, to 
     the extent practicable as determined by the Secretary, with 
     the requirements applicable to States.
       (B) Applications.--An Indian Tribe or Tribal organization 
     seeking a payment under this paragraph shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may specify.
       (2) Territories.--
       (A) In general.--For each of fiscal years 2022 through 
     2027, from the amount appropriated for territories under 
     subsection (b)(2)(B), the Secretary shall make payments to 
     the territories with an application approved under 
     subparagraph (B), and the territories shall be entitled to 
     such payments, for the purpose of carrying out the preschool 
     program described in this section, consistent, to the extent 
     practicable as determined by the Secretary, with the 
     requirements applicable to States.
       (B) Applications.--A territory seeking a payment under this 
     paragraph shall submit an application to the Secretary at 
     such time, in such manner, and containing such information as 
     the Secretary may specify.
       (3) Lead agency.--The head of an Indian tribe or territory 
     desiring for the Indian tribe or a related tribal 
     organization, or territory, to receive a payment under this 
     subsection shall designate a lead agency (such as a tribal or 
     territorial agency or joint interagency office) for the 
     administration of the preschool program of the Indian tribe 
     or territory, under this section.
       (f) Grants to Localities and Head Start Expansion in 
     Nonparticipating States.--
       (1) Eligible locality defined.--In this subsection, the 
     term ``eligible locality'' means a city, county, or other 
     unit of general local government, a local educational agency, 
     or a Head Start agency.
       (2) Grants to localities.--
       (A) In general.--The Secretary, in consultation with the 
     Secretary of Education, shall use funds reserved in 
     subsection (b)(2)(F) to award local universal preschool 
     grants, in accordance with rules established by the Secretary 
     of Health and Human Services, to eligible localities located 
     in States that have not received 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 subparagraph (B). The Secretary shall specify the 
     requirements for an eligible locality to conduct a preschool 
     program under this subsection which shall, to the greatest 
     extent practicable, be consistent with the requirements 
     applicable to States under this section, for a universal, 
     high-quality, free, and inclusive preschool program.
       (B) Allotments.--For each State described in subparagraph 
     (A), the Secretary shall allot for the State for a fiscal 
     year an amount that bears the same relationship to the funds 
     appropriated under subsection (b)(2)(F) for the fiscal year 
     as the number of children from families with family incomes 
     at or below 200 percent of the poverty line, and who are 
     under the age of 6, in the State bears to the total number of 
     all such children in all States described in subparagraph 
     (A).
       (C) 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.
       (D) Recoupment of unused funds.--Notwithstanding any other 
     provision of this section, for each of fiscal years 2023 
     through 2027, the Secretary shall have the authority to 
     recoup any unused funds allotted under subparagraph (B) for 
     awards under paragraph (3)(A) to Head Start agencies in 
     accordance with paragraph (3).
       (3) Head start expansion in nonparticipating states.--
       (A) In general.--The Secretary shall use funds appropriated 
     under subsection (b)(2)(G) or recouped under paragraph (2) to 
     make awards to Head Start agencies in a State described in 
     paragraph (2)(A) to carry out the purposes of the Head Start 
     Act in such State.
       (B) Rule.--For purposes of carrying out the Head Start Act 
     in circumstances not involving awards under this paragraph, 
     funds awarded under subparagraph (A) shall not be included in 
     the calculation of a ``base grant'' as such term is defined 
     in section 640(a)(7)(A) of the Head Start Act (42 U.S.C. 
     9835(a)(7)(A)).
       (C) Definition.--In this paragraph, the term ``Head Start 
     agency'' means an entity designated or eligible to be 
     designated as a Head Start agency under section 641(a)(1) of 
     the Head Start Act or as an Early Head Start agency (by 
     receiving a grant) under section 645A(a) of such Act.
       (4) Priority for serving underserved communities.--In 
     making determinations to award a grant or make an award under 
     this subsection, the Secretary shall give priority to 
     entities serving communities with a high percentage of 
     children from families with family incomes at or below 200 
     percent of the poverty line.
       (g) Allowable Sources of Non-Federal Share.--For purposes 
     of calculating the amount of the non-Federal share, as 
     determined under subsection (c)(2)(B)(iii), relating to a 
     payment under subsection (c)(2)(B), 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 not more than 100 percent of the State's 
     current spending on prekindergarten programs, calculated as 
     the average amount of such spending by the State for fiscal 
     years 2019, 2020, and 2021, toward the State's non-Federal 
     share.
       (h) Maintenance of Effort.--
       (1) In general.--If a State reduces its combined fiscal 
     effort per child for the State 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, or 
     through any State spending on preschool services for any 
     fiscal year that a State receives payments under 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 that 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 
     programs, 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.
       (i) 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 
     prekindergarten programs in the State on the date of 
     enactment of this Act, calculated as the average amount of 
     such Federal, State, and local public funds expended for 
     fiscal years 2019, 2020, and 2021.
       (j) 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.
       (2) Title VI of the Civil Rights Act of 1964.
       (3) Section 504 of the Rehabilitation Act of 1973.
       (4) The Americans with Disabilities Act of 1990.
       (5) Section 654 of the Head Start Act.
       (k) Monitoring and Enforcement.--
       (1) Review of compliance with requirements and state 
     plan.--The Secretary shall review and monitor compliance of 
     States, territories, Tribal entities, and local entities with 
     this section and State compliance with the State plan 
     described in subsection (c)(5).
       (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.

            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 2022-2027.--For each school year 
     beginning on or after July 1, 2022,

[[Page H6400]]

     and ending before July 1, 2027, the Secretary shall use a 
     multiplier of 2.5.
       ``(II) Implementation after 2027.--For each school year 
     beginning on or after July 1, 2027, 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 2022-2027.--For each school year 
     beginning on or after July 1, 2022, and ending before July 1, 
     2027, the threshold shall be not more than 25 percent.
       ``(II) Implementation after 2027.--For each school year 
     beginning on or after July 1, 2027, the threshold shall be 
     not more than 40 percent.''.

       (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, 2027, 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) notwithstanding clause (viii), the threshold shall 
     be zero; 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. 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, for summer 
     2023 and summer 2024 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. 2012(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 9 of such Act (7 U.S.C. 
     2018).

       ``(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. 
     2012(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 9(b) of such Act (7 U.S.C. 2018) or retail food 
     stores that have been approved for participation in a 
     Department of Agriculture grant funded nutrition assistance 
     program in the Commonwealth of the Northern Mariana Islands, 
     Puerto Rico, or American Samoa.
       ``(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 $65 for 
     each child in the eligible household per month during the 
     summer; and
       ``(ii) for calendar year 2024, 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; and
       ``(B) 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 January 1, 2022, 
     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 an alternative 
     method for determining the schedule and number of days during 
     which 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 2024, out of any money in the Treasury not 
     otherwise appropriated, such sums, to remain available for 
     the 2-year period following the date such amounts are made 
     available, 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) 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, 2024.
       ``(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.''.

     SEC. 24003. HEALTHY FOOD INCENTIVES DEMONSTRATION.

       (a) Appropriation.--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, $250,000,000, to remain 
     available until expended, to provide--
       (1) technical assistance and evaluation with respect to the 
     activities described in subparagraphs (A) through (D) of 
     paragraph (2); and
       (2) grants and monetary incentives to carry out 1 or more 
     of the following:
       (A) Improving the nutritional quality of meals and snacks 
     served under a child nutrition program.
       (B) Enhancing the nutrition and wellness environment of 
     institutions participating in a child nutrition program, 
     including by reducing the availability of less healthy foods 
     during the school day.
       (C) Increasing the procurement of fresh, local, regional, 
     and culturally appropriate foods and foods produced by 
     underserved or limited resource farmers, as defined by the 
     Secretary of Agriculture, to be served as part of a child 
     nutrition program.
       (D) Funding a statewide nutrition education coordinator--
       (i) to support individual school food authority nutrition 
     education efforts; and
       (ii) to facilitate collaboration with other nutrition 
     education efforts in the State.
       (b) State Defined.--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)).

     SEC. 24004. SCHOOL KITCHEN EQUIPMENT GRANTS.

       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, $30,000,000, to remain available until expended 
     through fiscal year 2030, for training and technical 
     assistance to support scratch cooking and 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

[[Page H6401]]

     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.

           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, for necessary expenses to carry out 
     the Assistive Technology Act of 1998 (29 U.S.C. 3003(a)).

     SEC. 25002. FAMILY VIOLENCE PREVENTION AND SERVICES FUNDING.

       In addition to amounts otherwise available, there is 
     appropriated to the Secretary of Health and Human Services, 
     for fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $30,000,000, to remain available 
     until expended, for necessary administrative expenses to 
     carry out subsections (c) and (d) of 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 adding at the end the 
     following new sentence:
     ``In addition, there is appropriated for fiscal year 2022, 
     out of any money in the Treasury not otherwise appropriated--
       ``(1) $25,000,000, to remain available until expended, to 
     carry out this part in fiscal year 2022;
       ``(2) $25,000,000, to remain available until expended, to 
     carry out this part in fiscal year 2023; and
       ``(3) $25,000,000, to remain available until expended, to 
     carry out this part in fiscal year 2024.''.

     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 for necessary 
     expenses to carry out the activities of the Center under 
     section 201(g) of the Older Americans Act of 1965 (OAA);
       (2) $655,000,000 for necessary expenses to carry out part B 
     of title III of the OAA, 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 for necessary expenses to carry out part C 
     of title III of the OAA, 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 for necessary expenses to carry out part E 
     of title III of the OAA, including section 373(e) of such 
     part;
       (5) $50,000,000 for necessary expenses to carry out title 
     VI of the OAA, including part C of such title;
       (6) $50,000,000 for necessary expenses to carry out the 
     long-term care ombudsman program under title VII of the OAA;
       (7) $59,000,000 for necessary expenses 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 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 necessary expenses 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 necessary expenses 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 for necessary expenses to carry out section 
     417 of the OAA.
     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, and section 
     373(h)(2) of such Act, 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. 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, 
     $20,000,000, to remain available until September 30, 2031, 
     for necessary expenses 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 support 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 support workers; and
       (4) provide recommendations for activities to further 
     support paid and unpaid family caregivers, including 
     expanding respite care.
       (b) Direct Support Worker Defined.--The term ``direct 
     support worker'' has the meaning given such term in section 
     22301.

     SEC. 25006. FUNDING TO SUPPORT UNPAID CAREGIVERS.

       (a) In General.--In addition to amounts otherwise 
     available, there is appropriated to the Secretary of Health 
     and Human Services (referred to in this section as the 
     ``Secretary'') for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $40,000,000, to remain 
     available until expended, for carrying out the purpose 
     described in subsection (b).
       (b) Use of Funding.--The Secretary, acting through the 
     Assistant Secretary for Aging, shall use amounts appropriated 
     by subsection (a) for necessary expenses to make awards, 
     pursuant to section 373(i) of the Older Americans Act of 1965 
     (42 U.S.C. 3030s-1(i)), to States, public agencies, private 
     nonprofit agencies, institutions of higher education, and 
     organizations, including Tribal organizations, for 
     initiatives to address the behavioral health needs of family 
     caregivers and older relative caregivers.
       (c) Supplement Not Supplant.--Amounts appropriated by this 
     section shall be used to supplement and not supplant other 
     Federal, State, or local public funds to support unpaid 
     caregivers.

     SEC. 25007. FUNDING TO SUPPORT INDIVIDUALS WITH INTELLECTUAL 
                   AND DEVELOPMENTAL DISABILITIES.

       (a) In General.--In addition to amounts otherwise 
     available, there is appropriated to the Secretary of Health 
     and Human Services (referred to in this section as 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 the purpose 
     described in subsection (b).
       (b) Use of Funding.--The Secretary, acting through the 
     Administrator of the Administration for Community Living, 
     shall use amounts appropriated by subsection (a) for 
     necessary expenses to award grants, contracts, or cooperative 
     agreements to public or private nonprofit entities pursuant 
     to section 162 of the Developmental Disabilities Assistance 
     and Bill of Rights Act of 2000 (42 U.S.C. 15082) for 
     initiatives to address the behavioral health needs of 
     individuals with intellectual and developmental disabilities.
       (c) Supplement Not Supplant.--Amounts appropriated by this 
     section shall be used to supplement and not supplant other 
     Federal, State, or local public funds to support individuals 
     with intellectual and developmental disabilities.

     SEC. 25008. 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.

 Subtitle G--National Service and Workforce Development in Support of 
                   Climate Resilience and Mitigation

     SEC. 26001. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 
                   AND THE NATIONAL SERVICE TRUST.

       (a) AmeriCorps State and National.--
       (1) 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, to the 
     Corporation for National and Community Service, 
     $3,200,000,000, to remain available until September 30, 2026, 
     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 (whether or not such entities are already 
     recipients of a grant or other agreement on the date of 
     enactment of this Act) to support national service programs 
     described in paragraphs

[[Page H6402]]

     (1)(A), (2)(A), (3)(A), and (5)(A) of subsection (a), and 
     subsection (b)(2), of section 122 of the National and 
     Community Service Act of 1990 and national service programs 
     carrying out activities described in clauses (i), (ii), 
     (iii), (v), (vi), and (vii) of paragraph (4)(B) of subsection 
     (a) of such section, to increase living allowances and 
     improve benefits of participants in such programs.
       (2) Requirements.--For the purposes of carrying out 
     paragraph (1)--
       (A) the Corporation shall waive the requirements described 
     in section 121(e)(1) of the National and Community Service 
     Act of 1990, in whole or in part, if a recipient of a grant 
     or other agreement for such a national service program 
     demonstrates--
       (i) the recipient will serve underserved or low-income 
     communities, and a significant percentage of participants in 
     such program are low-income individuals; and
       (ii) without such waiver, the recipient cannot meet the 
     requirements of this section;
       (B) section 189(a) of such Act shall be applied by 
     substituting ``125 percent of the amount of the minimum 
     living allowance of a full-time participant per full-time 
     equivalent position'' for ``$18,000 per full-time equivalent 
     position''; and
       (C) section 140(a)(1) of such Act shall be applied by 
     substituting ``200 percent of the poverty line'' for ``the 
     average annual subsistence allowance provided to VISTA 
     volunteers under section 105 of the Domestic Volunteer 
     Service Act of 1973 (42 U.S.C. 4955)''.
       (b) State Commissions.--
       (1) 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, to the 
     Corporation for National and Community Service, $400,000,000, 
     to remain available until September 30, 2026, 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 
     States to establish or operate State Commissions on National 
     and Community Service.
       (2) Match waiver.--For the purposes of carrying out 
     paragraph (1), the Corporation shall waive the matching 
     requirement described in section 126(a)(2) of the National 
     and Community Service Act of 1990, in whole or in part, for a 
     State Commission, if such State Commission demonstrates need 
     for such waiver.
       (c) National Civilian Community Corps.--In addition to 
     amounts otherwise 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, $80,000,000, to remain available until September 30, 
     2029, which shall be used to increase the living allowance 
     and benefits of participants in the National Civilian 
     Community Corps authorized under section 152 of the National 
     and Community Service Act of 1990.
       (d) AmeriCorps Vista.--
       (1) 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, to the 
     Corporation for National and Community Service, $600,000,000 
     to remain available until September 30, 2029, which shall be 
     used to increase the subsistence allowances and improve 
     benefits of participants in the Volunteers in Service to 
     America program authorized under section 102 of the Domestic 
     Volunteer Service Act of 1973.
       (2) Requirement.--For purposes of carrying out paragraph 
     (1)--
       (A) section 105(b)(2)(A) of the Domestic Volunteer Service 
     Act of 1973 shall be applied by substituting ``200 percent'' 
     for ``95 percent''; and
       (B) section 105(b)(2)(B) of the Domestic Volunteer Service 
     Act of 1973 shall be applied by substituting ``210 percent'' 
     for ``105 percent''.
       (e) National Service in Support of Climate Resilience and 
     Mitigation.--
       (1) 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, to the 
     Corporation for National and Community Service, 
     $6,915,000,000, which shall be used for the purposes 
     specified in paragraph (3).
       (2) Availability of funds.--Amounts appropriated under 
     paragraph (1) shall--
       (A) be available until September 30, 2026, for national 
     service programs described in paragraphs (1)(A), (2)(A), 
     (3)(A), and (5)(A) of subsection (a), and subsection (b)(2), 
     of section 122 of the National and Community Service Act of 
     1990 and national service programs carrying out activities 
     described in clauses (i), (ii), (iii), (v), (vi), and (vii) 
     of paragraph (4)(B) of subsection (a) of such section; and
       (B) be available until September 30, 2029, for National 
     Civilian Community Corps programs authorized under section 
     152 of the National and Community Service Act of 1990 and 
     Volunteers in Service to America programs authorized under 
     section 102 of the Domestic Volunteer Service Act of 1973.
       (3) Use of funds.--
       (A) In general.--The Corporation shall use amounts 
     appropriated under paragraph (1) to fund programs described 
     in subparagraph (B) to carry out projects or activities 
     described in section 122(a)(3)(B) of the National and 
     Community Service Act of 1990.
       (B) Programs.--The programs described in subparagraph (A) 
     shall include--
       (i) national service programs described in paragraphs 
     (1)(A), (2)(A), (3)(A), and (5)(A) of subsection (a), and 
     subsection (b)(2), of section 122 of the National and 
     Community Service Act of 1990 and national service programs 
     carrying out activities described in clauses (i), (ii), 
     (iii), (v), (vi), and (vii) of paragraph (4)(B) of subsection 
     (a) of such section;
       (ii) National Civilian Community Corps programs authorized 
     under section 152 of the National and Community Service Act 
     of 1990; and
       (iii) Volunteers in Service to America programs authorized 
     under section 102 of the Domestic Volunteer Service Act of 
     1973.
       (C) Terms.--In funding programs described in subparagraph 
     (A), the Corporation shall ensure--
       (i) awards are made to entities that serve, and have 
     representation from, low-income communities or communities 
     experiencing (or at risk of experiencing) adverse health and 
     environmental conditions;
       (ii) such programs utilize culturally competent and 
     multilingual strategies;
       (iii) projects carried out through such programs are 
     planned with community input, and implemented by diverse 
     participants who are from communities being served by such 
     programs; and
       (iv) such programs provide participants with workforce 
     development opportunities, such as pre-apprenticeships that 
     articulate to registered apprenticeship programs, and 
     pathways to post-service employment in high-quality jobs, 
     including registered apprenticeships.
       (4) Requirements.--For the purposes of carrying out 
     paragraph (1)--
       (A) in implementing national service programs described in 
     paragraph (3)(B)(i) and funded by the appropriations 
     specified in paragraph (1)--
       (i) the Corporation shall waive the requirements described 
     in section 121(e)(1) of the National and Community Service 
     Act of 1990, in whole or in part, if a recipient of a grant 
     or other agreement for the national service program involved 
     demonstrates--

       (I) the recipient will serve underserved or low-income 
     communities, and a significant percentage of participants in 
     such program are low-income individuals; and
       (II) without such waiver, the recipient cannot meet the 
     requirements of this section;

       (ii) section 189(a) of the National and Community Service 
     Act of 1990 shall be applied by substituting ``125 percent of 
     the amount of the minimum living allowance of a full-time 
     participant per full-time equivalent position'' for ``$18,000 
     per full-time equivalent position'';
       (iii) section 140(a)(1) of the National and Community 
     Service Act of 1990 shall be applied by substituting ``200 
     percent of the poverty line'' for ``the average annual 
     subsistence allowance provided to VISTA volunteers under 
     section 105 of the Domestic Volunteer Service Act of 1973 (42 
     U.S.C. 4955)''; and
       (iv) the Corporation shall waive the matching requirement 
     described in section 126(a)(2) of the National and Community 
     Service Act of 1990, in whole or in part, for a State 
     Commission, if such State Commission demonstrates need for 
     such waiver; and
       (B) in implementing national service programs described in 
     paragraph (3)(B)(iii) and funded by the appropriations 
     specified in paragraph (1)--
       (i) section 105(b)(2)(A) of the Domestic Volunteer Service 
     Act of 1973 shall be applied by substituting ``200 percent'' 
     for ``95 percent''; and
       (ii) section 105(b)(2)(B) of the Domestic Volunteer Service 
     Act of 1973 shall be applied by substituting ``210 percent'' 
     for ``105 percent''.
       (f) Administrative Costs.--
       (1) 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, to the 
     Corporation for National and Community Service, 
     $1,010,400,000, to remain available until September 30, 2029, 
     which shall be used for Federal administrative expenses to 
     carry out programs and activities funded under this section, 
     including--
       (A) corrective actions to address recommendations arising 
     from audits of the financial statements of the Corporation 
     and the National Service Trust, and, in consultation with the 
     Inspector General of the Corporation, the development of 
     fraud prevention and detection controls and risk-based anti-
     fraud monitoring for grants and other financial assistance 
     funded under this section; and
       (B) coordination of efforts and activities with the 
     Departments of Labor and Education to support the national 
     service programs funded under subsections (a), (c), (d), and 
     (e) in improving the readiness of participants to transition 
     to high-quality jobs or further education.
       (2) Fiscal year 2030 program administration.--In addition 
     to amounts otherwise available, there is appropriated for 
     fiscal year 2030, out of any money in the Treasury not 
     otherwise appropriated, to the Corporation for National and 
     Community Service, $79,800,000, to remain available until 
     September 30, 2030, which shall be used, in fiscal year 2030, 
     for Federal administrative expenses to carry out programs and 
     activities funded under this section.
       (3) Plan.--In addition to amounts otherwise available, 
     there is appropriated for fiscal year 2022, out of any money 
     in the Treasury not otherwise appropriated, to the 
     Corporation, $300,000, to remain available until September 
     30, 2023, which shall be used by the Chief Executive Officer 
     of the Corporation to--
       (A) develop, publish, and implement, not later than 180 
     days after the date of enactment of this Act, a project, 
     operations, and management plan for funds appropriated under 
     this section; and
       (B) consult with the Secretary of Labor and the Inspector 
     General of the Corporation in developing the plan under 
     subparagraph (A).
       (4) Outreach.--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, $49,500,000, 
     to remain available until September 30, 2030, for outreach to 
     and recruitment of members from communities traditionally 
     underrepresented in national service programs and members of 
     a community experiencing a significant dislocation of 
     workers, including energy transition communities.
       (g) Office of Inspector General.--In addition to amounts 
     otherwise available, there is appropriated for fiscal year 
     2022, out of any money

[[Page H6403]]

     in the Treasury not otherwise appropriated, to the 
     Corporation for National and Community Service, $75,000,000, 
     to remain available until September 30, 2030, which shall be 
     used for the Office of Inspector General of the Corporation 
     for salaries and expenses necessary for oversight and audit 
     of programs and activities funded under this section.
       (h) National Service Trust.--
       (1) 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, to the 
     National Service Trust, $1,150,000,000, to remain available 
     until September 30, 2030, for--
       (A) administration of the National Service Trust; and
       (B) payment to the Trust for the provision of national 
     service educational awards and interest expenses--
       (i) for participants, for a term of service supported by 
     funds made available under subsection (e); and
       (ii) pursuant to section 145(a)(1)(A) of the National and 
     Community Service Act of 1990.
       (2) Supplemental educational awards.--
       (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, to the 
     National Service Trust, $1,660,000,000, to remain available 
     until September 30, 2030, for payment to the National Service 
     Trust for the purpose of providing a supplemental national 
     service educational award to an individual eligible to 
     receive a national service educational award pursuant to 
     section 146(a), and the individual's transferee pursuant to 
     section 148(f), of the National and Community Service Act of 
     1990, for a term of service that began after the date of 
     enactment of this Act in a national service program 
     (including a term of service supported by funds made 
     available under subsection (e)).
       (B) Award availability.--The supplemental educational award 
     referred to in subparagraph (A) shall be available to an 
     individual or their transferee described in subparagraph (A) 
     in accordance with the paragraph (3).
       (C) Calculation.--The amount of the supplemental 
     educational award that shall be available to an individual or 
     their transferee described in subparagraph (A) shall be 
     calculated as follows:
       (i) Amount for full-time national service.--For an 
     individual who completes a required term of full-time 
     national service, or the individual's transferee--

       (I) in a case in which the award year for which the 
     national service position is approved by the Corporation is 
     award year 2022-2023, 50 percent of the maximum amount of a 
     Federal Pell Grant under section 401 of the Higher Education 
     Act of 1965 that a student eligible for such Grant may 
     receive in the aggregate for such award year; and
       (II) in a case in which the award year for which the 
     national service position is approved by the Corporation is 
     award year 2023-2024 or a subsequent award year, 50 percent 
     of the total maximum Federal Pell Grant under section 401 of 
     the Higher Education Act of 1965 that a student eligible for 
     such Grant may receive in the aggregate for such award year.

       (ii) Amount for part-time national service.--For an 
     individual who completes a required term of part-time 
     national service, or the individual's transferee, 50 percent 
     of the amount determined under clause (i).
       (iii) Amount for partial completion of national service.--
     For an individual released from completing the full-time or 
     part-time term of service agreed to by the individuals, or 
     the individual's transferee, the portion of the amount 
     determined under clause (i) that corresponds to the portion 
     of the term of service completed by the individual.
       (3) Period of availability for national service educational 
     awards.--
       (A) In general.--Notwithstanding section 146(d) of the 
     National and Community Service Act of 1990, relating to a 
     period of time for use of a national service educational 
     award, or any extensions to such time period granted under 
     section 146(d)(2) of such Act, an individual eligible to 
     receive a national service educational award for a term of 
     service supported by funds made available under subsection 
     (e), or the individual's transferee, and an individual 
     eligible to receive a supplemental educational award 
     described in paragraph (2) for a term of service, or the 
     individual's transferee, shall not use, after September 30, 
     2030, the national service educational award or supplemental 
     educational award for the term of service involved, and the 
     national service educational award and supplemental 
     educational award shall be available for the lengths of time 
     described in subparagraph (B).
       (B) Lengths of time.--The lengths of time described in this 
     subparagraph are as follows:
       (i) For an individual who completes the term of service 
     involved by September 30, 2023 or the individual's 
     transferee, until the end of the 7-year period beginning on 
     that date.
       (ii) For an individual who completes such term of service 
     by September 30, 2024 or the individual's transferee, until 
     the end of the 6-year period beginning on that date.
       (iii) For an individual who completes such term of service 
     by September 30, 2025 or the individual's transferee, until 
     the end of the 5-year period beginning on that date.
       (iv) For an individual who completes such term of service 
     by September 30, 2026 or the individual's transferee, until 
     the end of the 4-year period beginning on that date.
       (v) For an individual who completes such term of service by 
     September 30, 2027 or the individual's transferee, until the 
     end of the 3-year period beginning on that date.
       (vi) For an individual who completes such term of service 
     by September 30, 2028 or the individual's transferee, until 
     the end of the 2-year period beginning on that date.
       (vii) For an individual who completes such term of service 
     by September 30, 2029 or the individual's transferee, until 
     the end of the 1-year period beginning on that date.
       (i) Limitation.--The funds made available under this 
     section are subject to the condition that the Corporation 
     shall not--
       (1) use such funds to make any transfer to the National 
     Service Trust for any use, or enter into any agreement 
     involving such funds--
       (A) that is for a term extending beyond September 30, 2031; 
     or
       (B) for which or under which any payment could be outlaid 
     after September 30, 2031; and
       (2) use any other funds available to the Corporation to 
     liquidate obligations made under this section.
       (j) Definition.--For purposes of this section, the term 
     ``registered apprenticeship program'' means an apprenticeship 
     program registered with the Office of Apprenticeship of the 
     Employment and Training Administration of the Department of 
     Labor, or a State apprenticeship agency recognized by the 
     Office of Apprenticeship, pursuant to the Act of August 16, 
     1937 (commonly known as the ``National Apprenticeship Act''; 
     50 Stat. 664, chapter 663).

     SEC. 26002. WORKFORCE DEVELOPMENT IN SUPPORT OF CLIMATE 
                   RESILIENCE AND MITIGATION.

       (a) YouthBuild.--In addition to amounts otherwise 
     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, to support activities aligned with 
     high-quality employment opportunities in industry sectors or 
     occupations related to climate resilience or mitigation and 
     aligned with the activities described in subsection (e)(3) of 
     section 26001 by--
       (1) carrying out activities described in section 171(c)(2) 
     of the Workforce Innovation and Opportunity Act; and
       (2) improving and expanding access to services, stipends, 
     wages, and benefits described in subparagraphs (A)(vii) and 
     (F) of section 171(c)(2) of such Act.
       (b) Job Corps.--
       (1) In general.--In addition to amounts otherwise 
     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, to support activities aligned with 
     high-quality employment opportunities in industry sectors or 
     occupations related to climate resilience or mitigation and 
     aligned with the activities described in subsection (e)(3) of 
     section 26001 by--
       (A) providing funds to operators and service providers to--
       (i) carry out the activities and services described in 
     sections 148 and 149 of the Workforce Innovation and 
     Opportunity Act; and
       (ii) improve and expand access to allowances and services 
     described in section 150 of such Act; and
       (B) notwithstanding section 158(c) of such Act, 
     constructing, rehabilitating, and acquiring Job Corps centers 
     to support activities described in subparagraph (A).
       (2) Eligibility.--For the purposes of carrying out 
     paragraph (1), an entity in a State or outlying area may be 
     eligible to be selected as an operator or service provider.
       (c) Pre-apprenticeship, and Registered Apprenticeship 
     Programs.--
       (1) Pre-apprenticeship programs.--In addition to amounts 
     otherwise available, there is appropriated to the Department 
     of Labor for fiscal year 2022, out of any amounts in the 
     Treasury not otherwise appropriated, $1,000,000,000, to 
     remain available until September 30, 2026, to carry out 
     activities through grants, cooperative agreements, contracts, 
     or other arrangements, to create or expand pre-apprenticeship 
     programs that articulate to registered apprenticeship 
     programs, are aligned with high-quality employment 
     opportunities in industry sectors or occupations related to 
     climate resilience or mitigation, and are aligned with the 
     activities described in subsection (e)(3) of section 26001.
       (2) Pre-apprenticeship partnerships.--In addition to 
     amounts otherwise available, there is appropriated to the 
     Department of Labor for fiscal year 2022, out of any amounts 
     in the Treasury not otherwise appropriated, $150,000,000, to 
     remain available until September 30, 2026, to support 
     partnerships between entities carrying out pre-apprenticeship 
     programs that articulate to registered apprenticeship 
     programs and entities funded under subsection (e) of section 
     26001 to ensure past and current participants in programs 
     funded under subsection (e)(1) of section 26001 have access 
     to such pre-apprenticeship programs.
       (3) Registered apprenticeship programs.--In addition to 
     amounts otherwise 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, to carry out 
     activities through grants, cooperative agreements, contracts, 
     or other arrangements, to create or expand registered 
     apprenticeship programs in climate-related nontraditional 
     apprenticeship occupations.
       (4) Participants with barriers to employment and 
     nontraditional apprenticeship populations.--In addition to 
     amounts otherwise available, there is appropriated to the 
     Department of Labor for fiscal year 2022, out of any amounts 
     in the Treasury not otherwise appropriated, $350,000,000, to 
     remain available until September 30, 2026, for entities to 
     carry out pre-apprenticeship programs described in paragraph 
     (1), and registered apprenticeship program described in 
     paragraph (3), serving a high

[[Page H6404]]

     number or high percentage of individuals with barriers to 
     employment, including individuals with disabilities, or 
     nontraditional apprenticeship populations.
       (d) Reentry Employment Opportunities Program.--In addition 
     to amounts otherwise available, there is appropriated to the 
     Department of Labor for fiscal year 2022, out of any amounts 
     in the Treasury not otherwise appropriated, $1,000,000,000, 
     to remain available until September 30, 2026, for the Reentry 
     Employment Opportunities program, which amount shall be used 
     to support activities aligned with high-quality employment 
     opportunities in industry sectors or occupations related to 
     climate resilience or mitigation and aligned with the 
     activities described in subsection (e)(3) of section 26001.
       (e) Paid Youth Employment Opportunities.--In addition to 
     amounts otherwise available, there is appropriated for fiscal 
     year 2022, out of any money in the Treasury not otherwise 
     appropriated, to the Department of Labor, $350,000,000, to 
     remain available until September 30, 2026, to carry out 
     activities through grants, contracts, or cooperative 
     agreements, for the purposes of providing in-school youth and 
     out-of-school youth with paid work experiences authorized 
     under section 129(c)(2)(C) of the Workforce Innovation and 
     Opportunity Act, notwithstanding section 194(10) of such Act, 
     that are--
       (1) carried out by public agencies or private nonprofit 
     entities, including community-based organizations;
       (2) provided in conjunction with supportive services and 
     other elements described in section 129(c)(2) of such Act;
       (3) aligned with the activities described in subsection 
     (e)(3) of section 26001; and
       (4) designed to prepare participants for--
       (A) high-quality, unsubsidized employment opportunities in 
     industry sectors or occupations related to climate resilience 
     or mitigation;
       (B) enrollment in an institution of higher education (as 
     defined in section 101 or 102(c) of the Higher Education Act 
     of 1965); and
       (C) registered apprenticeship programs.
       (f) Department of Labor Inspector General.--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, $10,000,000, 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 
     section.
       (g) Administration.--
       (1) In general.--In addition to amounts otherwise 
     available, there is appropriated to the Department of Labor 
     for fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $69,800,000, to remain available 
     until September 30, 2029, for program administration within 
     the Department of Labor for salaries and expenses necessary 
     to implement this section.
       (2) Plan.--In addition to amounts otherwise 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 to--
       (A) develop, publish, and implement, not later than 180 
     days after the date of enactment of this Act, a project, 
     operations, and management plan for funds appropriated under 
     this section; and
       (B) consult with the Chief Executive Officer of the 
     Corporation for National and Community Service in developing 
     the plan under subparagraph (A).
       (h) Definition.--For purposes of this section:
       (1) Climate-related nontraditional apprenticeship 
     occupation.--The term ``climate-related nontraditional 
     apprenticeship occupation'' means an apprenticeable 
     occupation--
       (A) that aligns with the activities described in subsection 
     (e)(3) of section 26001;
       (B) in an industry sector that trains less than 10 percent 
     of all civilian registered apprentices as of the date of the 
     enactment of this Act; and
       (C) that is related to climate resilience or mitigation.
       (2) Registered apprenticeship program.-- The term 
     ``registered apprenticeship program'' means an apprenticeship 
     program registered with the Office of Apprenticeship of the 
     Employment and Training Administration of the Department of 
     Labor, or a State apprenticeship agency recognized by the 
     Office of Apprenticeship, pursuant to the Act of August 16, 
     1937 (commonly known as the ``National Apprenticeship Act''; 
     50 Stat. 664, chapter 663).
       (3) Wioa definitions.--The terms ``community-based 
     organization'', ``individual with a barrier to employment'', 
     ``in-school youth'', ``outlying area'', and ``out-of-school 
     youth'' have the meanings given such terms in paragraphs 
     (10), (24), (27), (45), and (46), respectively, of section 3 
     of the Workforce Innovation and Opportunity Act.

           Subtitle H--Prescription Drug Coverage Provisions

     SEC. 27001. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR 
                   CERTAIN INSULIN PRODUCTS.

       (a) 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. 1185 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 726. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR 
                   CERTAIN INSULIN PRODUCTS.

       ``(a) In General.--For plan years beginning on or after 
     January 1, 2023, a group health plan or health insurance 
     issuer offering group health insurance coverage shall provide 
     coverage of selected insulin products, and with respect to 
     such products, shall not--
       ``(1) apply any deductible; or
       ``(2) impose any cost-sharing in excess of the lesser of, 
     per 30-day supply--
       ``(A) $35; or
       ``(B) the amount equal to 25 percent of the negotiated 
     price of the selected insulin product net of all price 
     concessions received by or on behalf of the plan or coverage, 
     including price concessions received by or on behalf of 
     third-party entities providing services to the plan or 
     coverage, such as pharmacy benefit management services.
       ``(b) Definitions.--In this section:
       ``(1) Selected insulin products.--The term `selected 
     insulin products' means at least one of each dosage form 
     (such as vial, pump, or inhaler dosage forms) of each 
     different type (such as rapid-acting, short-acting, 
     intermediate-acting, long-acting, ultra long-acting, and 
     premixed) of insulin (as defined below), when available, as 
     selected by the group health plan or health insurance issuer.
       ``(2) Insulin defined.--The term `insulin' means insulin 
     that is licensed under subsection (a) or (k) of section 351 
     of the Public Health Service Act (42 U.S.C. 262) and 
     continues to be marketed under such section, including any 
     insulin product that has been deemed to be licensed under 
     section 351(a) of such Act pursuant to section 7002(e)(4) of 
     the Biologics Price Competition and Innovation Act of 2009 
     (Public Law 111-148) and continues to be marketed pursuant to 
     such licensure.
       ``(c) Out-of-network Providers.--Nothing in this section 
     requires a plan or issuer that has a network of providers to 
     provide benefits for selected insulin products described in 
     this section that are delivered by an out-of-network 
     provider, or precludes a plan or issuer that has a network of 
     providers from imposing higher cost-sharing than the levels 
     specified in subsection (a) for selected insulin products 
     described in this section that are delivered by an out-of-
     network provider.
       ``(d) Rule of Construction.--Subsection (a) shall not be 
     construed to require coverage of, or prevent a group health 
     plan or health insurance coverage from imposing cost-sharing 
     other than the levels specified in subsection (a) on, insulin 
     products that are not selected insulin products, to the 
     extent that such coverage is not otherwise required and such 
     cost-sharing is otherwise permitted under Federal and 
     applicable State law.
       ``(e) Application of Cost-sharing Towards Deductibles and 
     Out-of-pocket Maximums.--Any cost-sharing payments made 
     pursuant to subsection (a)(2) shall be counted toward any 
     deductible or out-of-pocket maximum that applies under the 
     plan or coverage.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1001 et seq.) is amended by inserting after the item 
     relating to section 725 the following:

``Sec. 726. Requirements with respect to cost-sharing for certain 
              insulin products.''.

     SEC. 27002. OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES.

       (a) In General.--Subtitle B of title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1021 et 
     seq.) is amended--
       (1) in subpart B of part 7 (29 U.S.C. 1185 et seq.), by 
     adding at the end the following:

     ``SEC. 727. OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES.

       ``(a) In General.--For plan years beginning on or after 
     January 1, 2023, a group health plan (or health insurance 
     issuer offering group health insurance coverage in connection 
     with such a plan) or an entity or subsidiary providing 
     pharmacy benefits management services on behalf of such a 
     plan or issuer shall not enter into a contract with a drug 
     manufacturer, distributor, wholesaler, subcontractor, rebate 
     aggregator, or any associated third party that limits the 
     disclosure of information to plan sponsors in such a manner 
     that prevents the plan or issuer, or an entity or subsidiary 
     providing pharmacy benefits management services on behalf of 
     a plan or issuer, from making the reports described in 
     subsection (b).
       ``(b) Reports.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2023, not less frequently than once every 6 
     months, a health insurance issuer offering group health 
     insurance coverage or an entity providing pharmacy benefits 
     management services on behalf of a group health plan or an 
     issuer providing group health insurance coverage shall submit 
     to the plan sponsor (as defined in section 3(16)(B)) of such 
     group health plan or group health insurance coverage a report 
     in accordance with this subsection and make such report 
     available to the plan sponsor in a machine-readable format. 
     Each such report shall include, with respect to the 
     applicable group health plan or health insurance coverage--
       ``(A) as applicable, information collected from drug 
     manufacturers by such issuer or entity on the total amount of 
     copayment assistance dollars paid, or copayment cards 
     applied, that were funded by the drug manufacturer with 
     respect to the participants and beneficiaries in such plan or 
     coverage;
       ``(B) a list of each drug covered by such plan, issuer, or 
     entity providing pharmacy benefit management services that 
     was dispensed during the reporting period, including, with 
     respect to each such drug during the reporting period--
       ``(i) the brand name, chemical entity, and National Drug 
     Code;
       ``(ii) the number of participants and beneficiaries for 
     whom the drug was filled during the plan year, the total 
     number of prescription fills for the drug (including original 
     prescriptions and refills), and the total number of dosage 
     units of the drug dispensed across the plan year, including 
     whether the dispensing channel was by retail, mail order, or 
     specialty pharmacy;
       ``(iii) the wholesale acquisition cost, listed as cost per 
     days supply and cost per pill, or in the case of a drug in 
     another form, per dose;

[[Page H6405]]

       ``(iv) the total out-of-pocket spending by participants and 
     beneficiaries on such drug, including participant and 
     beneficiary spending through copayments, coinsurance, and 
     deductibles; and
       ``(v) for any drug for which gross spending of the group 
     health plan or health insurance coverage exceeded $10,000 
     during the reporting period--

       ``(I) a list of all other drugs in the same therapeutic 
     category or class, including brand name drugs and biological 
     products and generic drugs or biosimilar biological products 
     that are in the same therapeutic category or class as such 
     drug; and
       ``(II) the rationale for preferred formulary placement of 
     such drug in that therapeutic category or class;

       ``(C) a list of each therapeutic category or class of drugs 
     that were dispensed under the health plan or health insurance 
     coverage during the reporting period, and, with respect to 
     each such therapeutic category or class of drugs, during the 
     reporting period--
       ``(i) total gross spending by the plan, before manufacturer 
     rebates, fees, or other manufacturer remuneration;
       ``(ii) the number of participants and beneficiaries who 
     filled a prescription for a drug in that category or class;
       ``(iii) if applicable to that category or class, a 
     description of the formulary tiers and utilization mechanisms 
     (such as prior authorization or step therapy) employed for 
     drugs in that category or class;
       ``(iv) the total out-of-pocket spending by participants and 
     beneficiaries, including participant and beneficiary spending 
     through copayments, coinsurance, and deductibles; and
       ``(v) for each therapeutic category or class under which 3 
     or more drugs are included on the formulary of such plan or 
     coverage--

       ``(I) the amount received, or expected to be received, from 
     drug manufacturers in rebates, fees, alternative discounts, 
     or other remuneration--

       ``(aa) to be paid by drug manufacturers for claims incurred 
     during the reporting period; or
       ``(bb) that is related to utilization of drugs, in such 
     therapeutic category or class;

       ``(II) the total net spending, after deducting rebates, 
     price concessions, alternative discounts or other 
     remuneration from drug manufacturers, by the health plan or 
     health insurance coverage on that category or class of drugs; 
     and
       ``(III) the net price per course of treatment or single 
     fill, such as a 30-day supply or 90-day supply, incurred by 
     the health plan or health insurance coverage and its 
     participants and beneficiaries, after manufacturer rebates, 
     fees, and other remuneration for drugs dispensed within such 
     therapeutic category or class during the reporting period;

       ``(D) total gross spending on prescription drugs by the 
     plan or coverage during the reporting period, before rebates 
     and other manufacturer fees or remuneration;
       ``(E) total amount received, or expected to be received, by 
     the health plan or health insurance coverage in drug 
     manufacturer rebates, fees, alternative discounts, and all 
     other remuneration received from the manufacturer or any 
     third party, other than the plan sponsor, related to 
     utilization of drug or drug spending under that health plan 
     or health insurance coverage during the reporting period;
       ``(F) the total net spending on prescription drugs by the 
     health plan or health insurance coverage during the reporting 
     period; and
       ``(G) amounts paid directly or indirectly in rebates, fees, 
     or any other type of remuneration to brokers, consultants, 
     advisors, or any other individual or firm who referred the 
     group health plan's or health insurance issuer's business to 
     the pharmacy benefit manager.
       ``(2) Privacy requirements.--Health insurance issuers 
     offering group health insurance coverage and entities 
     providing pharmacy benefits management services on behalf of 
     a group health plan shall provide information under paragraph 
     (1) in a manner consistent with the privacy, security, and 
     breach notification regulations promulgated under section 
     264(c) of the Health Insurance Portability and Accountability 
     Act of 1996, and shall restrict the use and disclosure of 
     such information according to such privacy regulations.
       ``(3) Disclosure and redisclosure.--
       ``(A) Limitation to business associates.--A group health 
     plan receiving a report under paragraph (1) may disclose such 
     information only to business associates of such plan as 
     defined in section 160.103 of title 45, Code of Federal 
     Regulations (or successor regulations).
       ``(B) Clarification regarding public disclosure of 
     information.--Nothing in this section prevents a health 
     insurance issuer offering group health insurance coverage or 
     an entity providing pharmacy benefits management services on 
     behalf of a group health plan from placing reasonable 
     restrictions on the public disclosure of the information 
     contained in a report described in paragraph (1), except that 
     such issuer or entity may not restrict disclosure of such 
     report to the Department of Health and Human Services, the 
     Department of Labor, or the Department of the Treasury.
       ``(C) Limited form of report.--The Secretary shall define 
     through rulemaking a limited form of the report under 
     paragraph (1) required of plan sponsors who are drug 
     manufacturers, drug wholesalers, or other direct participants 
     in the drug supply chain, in order to prevent anti-
     competitive behavior.
       ``(4) Report to gao.--A health insurance issuer offering 
     group health insurance coverage or an entity providing 
     pharmacy benefits management services on behalf of a group 
     health plan shall submit to the Comptroller General of the 
     United States each of the first 4 reports submitted to a plan 
     sponsor under paragraph (1) with respect to such coverage or 
     plan, and other such reports as requested, in accordance with 
     the privacy requirements under paragraph (2) and the 
     disclosure and redisclosure standards under paragraph (3), 
     and such other information that the Comptroller General 
     determines necessary to carry out the study under section 
     30606(b) of the Act entitled `An Act to provide for 
     reconciliation pursuant to title II of S. Con. Res. 14'.
       ``(c) Enforcement.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     the Treasury, shall enforce this section.
       ``(2) Failure to provide timely information.--A health 
     insurance issuer or an entity providing pharmacy benefit 
     management services that violates subsection (a) or fails to 
     provide information required under subsection (b), or a drug 
     manufacturer that fails to provide information under 
     subsection (b)(1)(A) in a timely manner, shall be subject to 
     a civil monetary penalty in the amount of $10,000 for each 
     day during which such violation continues or such information 
     is not disclosed or reported.
       ``(3) False information.--A health insurance issuer, entity 
     providing pharmacy benefit management services, or drug 
     manufacturer that knowingly provides false information under 
     this section shall be subject to a civil money penalty in an 
     amount not to exceed $100,000 for each item of false 
     information. Such civil money penalty shall be in addition to 
     other penalties as may be prescribed by law.
       ``(4) Procedure.--The provisions of section 1128A of the 
     Social Security Act, other than subsection (a) and (b) and 
     the first sentence of subsection (c)(1) of such section shall 
     apply to civil monetary penalties under this subsection in 
     the same manner as such provisions apply to a penalty or 
     proceeding under section 1128A of the Social Security Act.
       ``(5) Waivers.--The Secretary may waive penalties under 
     paragraph (2), or extend the period of time for compliance 
     with a requirement of this section, for an entity in 
     violation of this section that has made a good-faith effort 
     to comply with this section.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to permit a health insurance issuer, group 
     health plan, or other entity to restrict disclosure to, or 
     otherwise limit the access of, the Department of Labor to a 
     report described in subsection (b)(1) or information related 
     to compliance with subsection (a) by such issuer, plan, or 
     entity.
       ``(e) Definition.--In this section, the term `wholesale 
     acquisition cost' has the meaning given such term in section 
     1847A(c)(6)(B) of the Social Security Act.''; and
       (2) in section 502(b)(3) (29 U.S.C. 1132(b)(3)), by 
     inserting ``(other than section 727)'' after ``part 7''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1001 et seq.) is amended by inserting after the item 
     relating to section 726 the following new item:

``Sec. 727. Oversight of pharmacy benefit manager services.''.

              TITLE III--COMMITTEE ON ENERGY AND COMMERCE

                       Subtitle A--Air Pollution

     SEC. 30101. CLEAN HEAVY-DUTY VEHICLES.

       The Clean Air Act is amended by inserting after section 131 
     of such Act (42 U.S.C. 7431) the following:

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

       ``(a) Appropriations.--
       ``(1) 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, $3,000,000,000, to remain available 
     until September 30, 2031, to carry out this section.
       ``(2) Nonattainment areas.--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, $2,000,000,000, to 
     remain available until September 30, 2031, to make awards 
     under this section to eligible recipients and to eligible 
     contractors that propose to replace eligible vehicles to 
     serve 1 or more communities located in an air quality area 
     designated pursuant to section 107 as nonattainment for any 
     air pollutant.
       ``(3) Reservation.--Of the funds appropriated by paragraph 
     (1), the Administrator shall reserve 3 percent for 
     administrative costs necessary to carry out this section.
       ``(b) 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) purchasing, installing, operating, and maintaining 
     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.
       ``(c) Applications.--To seek an award under this section, 
     an eligible recipient or eligible contractor shall submit to 
     the Administrator an application at such time, in such 
     manner, and containing such information as the Administrator 
     shall prescribe.
       ``(d) Definitions.--For purposes of this section:
       ``(1) Eligible contractor.--The term `eligible contractor' 
     means a contractor that has the capacity--
       ``(A) to sell zero-emission vehicles, or charging or other 
     equipment needed to charge, fuel, or

[[Page H6406]]

     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;
       ``(B) a municipality;
       ``(C) an Indian tribe; or
       ``(D) a nonprofit school transportation association.
       ``(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 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. 30102. GRANTS TO REDUCE AIR POLLUTION AT PORTS.

       The Clean Air Act is amended by inserting after section 132 
     of such Act, as added by section 30101 of this Act, the 
     following:

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

       ``(a) Appropriations.--
       ``(1) General assistance.--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, $2,625,000,000, to remain available 
     until September 30, 2027, to award rebates and grants to 
     eligible recipients on a competitive basis--
       ``(A) to purchase or install zero-emission port equipment 
     or technology for use at, or to directly serve, one or more 
     ports;
       ``(B) to conduct any relevant planning or permitting in 
     connection with the purchase or installation of such zero-
     emission port equipment or technology; and
       ``(C) to develop qualified climate action plans.
       ``(2) Nonattainment areas.--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, $875,000,000, to remain 
     available until September 30, 2027, to award rebates and 
     grants to eligible recipients to carry out activities 
     described in paragraph (1) with respect to ports located in 
     air quality areas designated pursuant to section 107 as 
     nonattainment for an air pollutant.
       ``(b) Limitation.--Funds awarded under this section shall 
     not be used by any recipient or subrecipient to purchase or 
     install zero-emission port equipment or technology that will 
     not be located at, or directly serve, the one or more ports 
     involved.
       ``(c) 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.
       ``(d) Definitions.--In 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 a nonprofit organization) 
     that--
       ``(i) applies for a grant under this section in partnership 
     with an entity described in any of subparagraphs (A) through 
     (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 toward stated goals) to reduce emissions 
     at one or more ports of--
       ``(i) greenhouse gases;
       ``(ii) an air pollutant that is listed pursuant to section 
     108(a) (or any precursor to such an air pollutant); and
       ``(iii) hazardous air pollutants;
       ``(B) includes a strategy to collaborate with, communicate 
     with, and address potential effects on stakeholders that may 
     be affected by implementation of the plan, including low-
     income and disadvantaged near-port communities; and
       ``(C) describes how an eligible recipient has implemented 
     or will implement measures to increase the resilience of the 
     one or more ports involved, including measures related to 
     withstanding and recovering from extreme weather events.
       ``(3) Zero-emission port equipment or technology.--The term 
     `zero-emission port equipment or technology' means human-
     operated equipment or human-maintained 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 the emissions described in 
     subparagraph (A) that are produced by an ocean-going vessel 
     at berth.''.

     SEC. 30103. GREENHOUSE GAS REDUCTION FUND.

       The Clean Air Act is amended by inserting after section 133 
     of such Act, as added by section 30102 of this Act, the 
     following:

     ``SEC. 134. GREENHOUSE GAS REDUCTION FUND.

       ``(a) Appropriations.--
       ``(1) Zero-emission technologies.--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, $7,000,000,000, to 
     remain available until September 30, 2024, to make grants, on 
     a competitive basis and beginning not later than 180 calendar 
     days after the date of enactment of this section, to States, 
     municipalities, Tribal governments, and eligible recipients 
     for the purposes of providing grants, loans, or other forms 
     of financial assistance, as well as technical assistance, to 
     enable low-income and disadvantaged communities to deploy or 
     benefit from zero-emission technologies, including 
     distributed 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) Zero-emission vehicle supply equipment.--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, $2,000,000,000, to 
     remain available until September 30, 2024, to make grants, on 
     a competitive basis and beginning not later than 180 calendar 
     days after the date of enactment of this section, to States, 
     municipalities, Tribal governments, and eligible recipients 
     to support the purchase, installation, or operation of 
     publicly available equipment to charge or fuel light-duty 
     zero-emission vehicles, including in low-income and 
     disadvantaged communities, through grants, rebates, or other 
     forms of financial assistance, and to carry out related 
     greenhouse gas emission reduction activities, as determined 
     appropriate by the Administrator in accordance with this 
     section.
       ``(3) General assistance.--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, $11,970,000,000, to remain available 
     until September 30, 2024, to make grants, on a competitive 
     basis and beginning not later than 180 calendar days after 
     the date of enactment of this section, to eligible recipients 
     for the purposes of providing financial assistance and 
     technical assistance in accordance with subsection (b).
       ``(4) Low-income and disadvantaged communities.--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, 
     $8,000,000,000, to remain available until September 30, 2024, 
     to make grants, on a competitive basis and beginning not 
     later than 180 calendar days after the date of enactment of 
     this section, to eligible recipients for the purposes of 
     providing financial assistance and technical assistance in 
     low-income and disadvantaged communities in accordance with 
     subsection (b).
       ``(5) Administrative costs.--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, $30,000,000, to remain 
     available until 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 use the grant in 
     accordance with the following:
       ``(1) Direct investment.--The 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.--The eligible recipient shall 
     provide funding 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 services;
       ``(B) does not take deposits other than deposits 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 project, activity, or technology 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) Publicly available equipment.--The term `publicly 
     available equipment' means equipment that--
       ``(A) is located at a multi-unit housing structure;

[[Page H6407]]

       ``(B) is located at a workplace and is available to 
     employees of such workplace or employees of a nearby 
     workplace; or
       ``(C) is at a location that is publicly accessible for a 
     minimum of 12 hours per day at least 5 days per week and 
     networked or otherwise capable of being monitored remotely.
       ``(4) 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.
       ``(5) 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 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 September 30, 2031, 
     for grants authorized under subsections (a) through (c) of 
     section 103 of the Clean Air Act (42 U.S.C. 7403(a)-(c)) 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 5 percent for administrative 
     costs to carry out this section.
       (d) Eligible Entities.--In this section, the term 
     ``eligible entity'' means a State, an air pollution control 
     agency, a municipality, or an Indian tribe (as such terms are 
     defined in section 302 of the Clean Air Act (42 U.S.C. 
     7602)).

     SEC. 30105. DIESEL EMISSIONS REDUCTIONS.

       (a) Goods Movement.--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, 
     $60,000,000, to remain available until September 30, 2031, 
     for grants, rebates, and loans under section 792 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16132) 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.
       (b) Administrative Costs.--The Administrator of the 
     Environmental Protection Agency shall reserve 2 percent of 
     the amounts made available under this section for the 
     administrative costs necessary to carry out activities 
     pursuant to this section.

     SEC. 30106. FUNDING TO ADDRESS AIR POLLUTION.

       (a) Appropriations.--
       (1) Fenceline air monitoring and screening air 
     monitoring.--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, 
     $117,500,000, to remain available until September 30, 2031, 
     for grants and other activities authorized under subsections 
     (a) through (c) of section 103 and section 105 of the Clean 
     Air Act (42 U.S.C. 7403(a)-(c), 7405) to deploy, integrate, 
     support, and maintain fenceline air monitoring, screening air 
     monitoring, national air toxics trend stations, and other air 
     toxics and community monitoring.
       (2) Multipollutant monitoring stations.--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 September 30, 2031, for grants and other activities 
     authorized under subsections (a) through (c) of section 103 
     and section 105 of the Clean Air Act (42 U.S.C. 7403(a)-(c), 
     7405)--
       (A) to expand the national ambient air quality monitoring 
     network with new multipollutant monitoring stations; and
       (B) to replace, repair, operate, and maintain existing 
     monitors.
       (3) Air quality sensors in low-income and disadvantaged 
     communities.--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, 
     $3,000,000, to remain available until September 30, 2031, for 
     grants and other activities authorized under subsections (a) 
     through (c) of section 103 and section 105 of the Clean Air 
     Act (42 U.S.C. 7403(a)-(c), 7405) to deploy, integrate, and 
     operate air quality sensors in low-income and disadvantaged 
     communities.
       (4) Emissions from wood heaters.--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 September 30, 2031, for grants and other activities 
     authorized under subsections (a) through (c) of section 103 
     and section 105 of the Clean Air Act (42 U.S.C. 7403(a)-(c), 
     7405) for testing and other agency activities to address 
     emissions from wood heaters.
       (5) Methane monitoring.--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, 
     $20,000,000, to remain available until September 30, 2031, 
     for grants and other activities authorized under subsections 
     (a) through (c) of section 103 and section 105 of the Clean 
     Air Act (42 U.S.C. 7403(a)-(c), 7405) for monitoring 
     emissions of methane.
       (6) Clean air act grants.--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, 
     $25,000,000, to remain available until September 30, 2031, 
     for grants and other activities authorized under subsections 
     (a) through (c) of section 103 and section 105 of the Clean 
     Air Act (42 U.S.C. 7403(a)-(c), 7405).
       (7) Other activities.--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, 
     $45,000,000, to remain available until September 30, 2031, to 
     carry out, with respect to greenhouse gases, sections 111, 
     115, 165, 177, 202, 211, 213, 231, and 612 of the Clean Air 
     Act (42 U.S.C. 7411, 7415, 7475, 7507, 7521, 7545, 7547, 
     7571, and 7671k).
       (8) Greenhouse gas and zero-emission standards for mobile 
     sources.--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, to 
     remain available until September 30, 2031, 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 paragraphs (1), (2), (5) and (6) of subsection 
     (a), 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.

       (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, 
     $37,500,000, to remain available until September 30, 2031, 
     for grants 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(a)-(c)) and section 105 of that Act (42 U.S.C. 7405).
       (b) Technical Assistance.--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, 
     $12,500,000, to remain available until September 30, 2031, 
     for providing technical assistance to 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(a)-
     (c)) and section 105 of that Act (42 U.S.C. 7405)--
       (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.

       The Clean Air Act is amended by inserting after section 134 
     of such Act, as added by section 30103 of this Act, the 
     following:

     ``SEC. 135. LOW EMISSIONS ELECTRICITY PROGRAM.

       ``(a) Appropriation.--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, to remain available until September 
     30, 2031--
       ``(1) $17,000,000 for consumer-related education and 
     partnerships with respect to reductions in greenhouse gas 
     emissions that result from domestic electricity generation 
     and use;
       ``(2) $17,000,000 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) $17,000,000 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) $17,000,000 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) $1,000,000 to assess, not later than 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) $18,000,000 to carry out this section to ensure that 
     reductions in greenhouse gas emissions from domestic 
     electricity generation and use are

[[Page H6408]]

     achieved through use of the authorities of this Act, 
     including through the establishment of requirements under 
     this Act, incorporating the assessment under paragraph (5) as 
     a baseline.
       ``(b) Administration of Funds.--Of the amounts made 
     available under subsection (a), the Administrator shall 
     reserve 2 percent for the administrative costs necessary to 
     carry out activities pursuant to that subsection.''.

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

       (a) Test and Protocol Development.--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, to remain available until 
     September 30, 2031, to carry out section 211(o) of the Clean 
     Air Act (42 U.S.C. 7545(o)) with respect to--
       (1) the development and establishment of tests and 
     protocols regarding the environmental and public health 
     effects of a fuel or fuel additive;
       (2) 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
       (3) 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.
       (b) Investments in Advanced Biofuels.--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, $10,000,000, to remain available 
     until September 30, 2031, for new grants to industry and 
     other related activities under section 211(o) of the Clean 
     Air Act (42 U.S.C. 7545(o)) to support investments in 
     advanced biofuels.

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

       (a) Appropriations.--
       (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, 
     $20,000,000, to remain available until September 30, 2026, to 
     carry out subsections (a) through (i) and subsection (k) of 
     section 103 of division S of Public Law 116-260 (42 U.S.C. 
     7675).
       (2) Implementation and compliance tools.--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, $3,500,000, to remain available until 
     September 30, 2026, to deploy new implementation and 
     compliance tools to carry out subsections (a) through (i) and 
     subsection (k) of section 103 of division S of Public Law 
     116-260 (42 U.S.C. 7675).
       (3) Competitive grants.--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 September 30, 2026, 
     for competitive grants for reclaim and innovative destruction 
     technologies under subsections (a) through (i) and subsection 
     (k) of section 103 of division S of Public Law 116-260 (42 
     U.S.C. 7675).
       (b) Administration of Funds.--Of the funds made available 
     pursuant to subsection (a)(3), the Administrator of the 
     Environmental Protection Agency shall reserve 5 percent for 
     administrative costs necessary to carry out activities 
     pursuant to such subsection.

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

       (a) Compliance Monitoring.--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, $37,000,000, to remain available 
     until September 30, 2031, to update the 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.
       (b) Communications With ICIS.--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, $7,000,000, to remain available until 
     September 30, 2031, 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 the Integrated 
     Compliance Information System of the Environmental Protection 
     Agency and any associated systems.
       (c) Inspection Software.--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, 
     $6,000,000, to remain available until September 30, 2031--
       (1) 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
       (2) 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 Administrator of 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 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 September 30, 2031, 
     to develop and carry out a 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, and to States, 
     Indian Tribes, and nonprofit organizations that will support 
     such businesses;
       (2) providing technical assistance to businesses that 
     manufacture construction materials and products in developing 
     and verifying environmental product declarations, and to 
     States, Indian Tribes, and nonprofit organizations that will 
     support such businesses; and
       (3) carrying out other activities that assist in measuring, 
     reporting, and steadily reducing the quantity of embodied 
     carbon of construction materials and products.
       (b) Administrative Costs.--Of the amounts made available 
     under this section, the Administrator of the Environmental 
     Protection Agency shall reserve 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.
       (3) State.--The term ``State'' has the meaning given to 
     that term in section 302(d) of the Clean Air Act (42 U.S.C. 
     7602(d)).

     SEC. 30114. METHANE EMISSIONS REDUCTION PROGRAM.

       The Clean Air Act is amended by inserting after section 135 
     of such Act, as added by section 30108 of this Act, the 
     following:

     ``SEC. 136. METHANE EMISSIONS AND WASTE REDUCTION INCENTIVE 
                   PROGRAM FOR PETROLEUM AND NATURAL GAS SYSTEMS.

       ``(a) Incentives for Methane Mitigation and Monitoring.--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, 
     $775,000,000, to remain available until September 30, 2028--
       ``(1) for grants, rebates, contracts, loans, and other 
     activities of the Environmental Protection Agency for the 
     purposes of providing financial and technical assistance to 
     owners and operators of applicable facilities to prepare and 
     submit greenhouse gas reports under subpart W of part 98 of 
     title 40, Code of Federal Regulations (or any successor 
     regulations);
       ``(2) for grants, rebates, contracts, loans, and other 
     activities of the Environmental Protection Agency authorized 
     under subsections (a) through (c) of section 103 for methane 
     emissions monitoring;
       ``(3) for grants, rebates, contracts, loans, 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--
       ``(A) improving climate resiliency of communities and 
     petroleum and natural gas systems;
       ``(B) improving and deploying industrial equipment and 
     processes that reduce methane and other greenhouse gas 
     emissions and waste;
       ``(C) supporting innovation in reducing methane and other 
     greenhouse gas emissions and waste from petroleum and natural 
     gas systems;
       ``(D) 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
       ``(E) supporting environmental restoration; and
       ``(4) to cover all direct and indirect costs required to 
     administer this section, including the costs of implementing 
     the waste emissions charge under subsection (b), preparing 
     inventories, gathering empirical data, and tracking 
     emissions.

[[Page H6409]]

       ``(b) Waste Emissions Charge.--The Administrator shall 
     impose and collect a charge on methane emissions that exceed 
     an applicable waste emissions threshold under subsection (e) 
     from an owner or operator of an 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).
       ``(c) 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) Onshore natural gas processing,
       ``(4) Onshore natural gas transmission 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.
       ``(d) Charge Amount.--The amount of a charge under 
     subsection (b) for an applicable facility shall be equal to 
     the product obtained by multiplying--
       ``(1) the number of tons of methane emissions reported 
     pursuant to subpart W of part 98 of title 40, Code of Federal 
     Regulations (or any successor regulations) for the applicable 
     facility that exceed the applicable annual waste emissions 
     threshold listed in subsection (e) during the previous 
     reporting period; and
       ``(2)(A) $900 for emissions reported for calendar year 
     2023;
       ``(B) $1200 for emissions reported for calendar year 2024; 
     or
       ``(C) $1500 for emissions reported for calendar year 2025 
     and each year thereafter.
       ``(e) Waste Emissions Threshold.--
       ``(1) Petroleum and natural gas production.--With respect 
     to imposing and collecting the charge under subsection (b) 
     for an applicable facility in an industry segment listed in 
     paragraph (1) or (2) of subsection (c), the Administrator 
     shall impose and collect the charge on the reported tons of 
     methane emissions that exceed--
       ``(A) 0.20 percent of the natural gas sent to sale from 
     such facility; or
       ``(B) 10 metric tons of methane per million barrels of oil 
     sent to sale from such facility, if such facility sent no 
     natural gas to sale.
       ``(2) Nonproduction petroleum and natural gas systems.--
     With respect to imposing and collecting the charge under 
     subsection (b) for an applicable facility in an industry 
     segment listed in paragraph (3), (6), (7), or (8) of 
     subsection (c), the Administrator shall impose and collect 
     the charge 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 charge under subsection (b) for an 
     applicable facility in an industry segment listed in 
     paragraph (4), (5), or (9) of subsection (c), the 
     Administrator shall impose and collect the charge on the 
     reported tons of methane emissions that exceed 0.11 percent 
     of the natural gas sent to sale from such facility.
       ``(4) Exemption.--Charges shall not be imposed pursuant to 
     paragraph (1) on emissions that exceed the waste emissions 
     threshold specified in such paragraph if such emissions are 
     caused by unreasonable delay in environmental permitting of 
     gathering infrastructure.
       ``(f) Period.--The charge under subsection (b) shall be 
     imposed and collected beginning with respect to emissions 
     reported for calendar year 2023 and for each year thereafter.
       ``(g) 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.
       ``(h) 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 charge 
     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 charges under subsections (d) and (e) of this 
     section, are based on empirical data and accurately reflect 
     the total methane emissions and waste emissions from the 
     applicable facilities.
       ``(i) Liability for Charge Payment.--A facility owner or 
     operator's liability for payment of the charge under 
     subsection (b) is not affected in any way by emission 
     standards, permit fees, penalties, or other requirements 
     under this Act or any other legal authorities.''.

     SEC. 30115. FUNDING FOR THE OFFICE OF THE INSPECTOR GENERAL 
                   OF THE ENVIRONMENTAL PROTECTION AGENCY.

       In addition to amounts otherwise made available, there is 
     appropriated to the Office of the Inspector General 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 September 30, 2031, 
     for oversight of activities supported with funds appropriated 
     to the Environmental Protection Agency in this Act.

     SEC. 30116. CLIMATE POLLUTION REDUCTION GRANTS.

       The Clean Air Act is amended by inserting after section 136 
     of such Act, as added by section 30114 of this Act, the 
     following:

     ``SEC. 137. GREENHOUSE GAS AIR POLLUTION PLANS AND 
                   IMPLEMENTATION GRANTS.

       ``(a) Appropriations.--
       ``(1) Greenhouse gas air pollution planning grants.--In 
     addition to amounts otherwise available, there is 
     appropriated to the Administrator for fiscal year 2022, out 
     of any amounts in the Treasury not otherwise appropriated, 
     $250,000,000, to remain available until September 30, 2031, 
     to carry out subsection (b).
       ``(2) Greenhouse gas air pollution implementation grants.--
     In addition to amounts otherwise available, there is 
     appropriated to the Administrator for fiscal year 2022, out 
     of any amounts in the Treasury not otherwise appropriated, 
     $4,750,000,000, to remain available until September 30, 2026, 
     to carry out subsection (c).
       ``(3) Administrative costs.--Of the funds made available 
     under paragraph (2), the Administrator shall reserve 3 
     percent for administrative costs necessary to carry out this 
     section, including providing technical assistance to eligible 
     entities, developing a plan that could be used as a model by 
     grantees in developing a plan under subsection (b), and 
     modeling the effects of plans described in this section.
       ``(b) Greenhouse Gas Air Pollution Planning Grants.--The 
     Administrator shall make a grant to at least one eligible 
     entity in each State for the costs of developing a plan for 
     the reduction of greenhouse gas air pollution to be submitted 
     with an application for a grant under subsection (c). Each 
     such plan shall include programs, policies, measures, and 
     projects that will achieve or facilitate the reduction of 
     greenhouse gas air pollution. Not later than 270 days after 
     the date of enactment of this section, the Administrator 
     shall publish a funding opportunity announcement for grants 
     under this subsection.
       ``(c) Greenhouse Gas Air Pollution Reduction Implementation 
     Grants.--
       ``(1) In general.--The Administrator shall competitively 
     award grants to eligible entities to implement plans 
     developed under subsection (b).
       ``(2) Application.--To apply for a grant under this 
     subsection, an eligible entity shall submit to the 
     Administrator an application at such time, in such manner, 
     and containing such information as the Administrator shall 
     require, which such application shall include information 
     regarding--
       ``(A) the degree to which greenhouse gas air pollution is 
     projected to be reduced, including with respect to low-income 
     and disadvantaged communities; and
       ``(B) the quantifiability, specificity, additionality, 
     permanence, and verifiability of such projected greenhouse 
     gas air pollution reduction.
       ``(3) Terms and conditions.--The Administrator shall make 
     funds available to a grantee under this subsection in such 
     amounts, upon such a schedule, and subject to such conditions 
     based on its performance in implementing its plan submitted 
     under this section and in achieving projected greenhouse gas 
     air pollution reduction, as determined by the Administrator.
       ``(d) Eligible Entity Defined.--In this section, the term 
     `eligible entity' means--
       ``(1) a State;
       ``(2) an air pollution control agency;
       ``(3) a municipality;
       ``(4) an Indian tribe; and
       ``(5) a group of one or more entities listed in paragraphs 
     (1) through (4).''.

     SEC. 30117. ENVIRONMENTAL PROTECTION AGENCY EFFICIENT, 
                   ACCURATE, AND TIMELY REVIEWS.

        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, $20,000,000, to remain available 
     until September 30, 2026, to provide for the development of 
     efficient, accurate, and timely reviews for permitting and 
     approval processes through the hiring and training of 
     personnel, the development of programmatic documents, the 
     procurement of technical or scientific services for reviews, 
     the development of environmental data or information systems, 
     stakeholder and community engagement, the purchase of new 
     equipment for environmental analysis, and the development of 
     geographic information systems and other analysis tools, 
     techniques, and guidance to improve agency transparency, 
     accountability, and public engagement.

     SEC. 30118. LOW-EMBODIED CARBON LABELING FOR CONSTRUCTION 
                   MATERIALS FOR TRANSPORTATION PROJECTS.

       (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, 
     $100,000,000, to remain available until September 30, 2026, 
     to develop and carry out a program, in consultation with the 
     Administrator of the Federal Highway Administration, to 
     identify and label, based on environmental product 
     declarations, low-embodied carbon construction materials and 
     products used for transportation projects, and for necessary 
     administrative costs of the Administrator of the 
     Environmental Protection Agency to carry out this section.
       (b) 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;

[[Page H6410]]

       (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.
       (3) Low-embodied carbon construction materials and 
     products.--The term ``low-embodied carbon construction 
     materials and products'' means construction materials and 
     products identified by the Administrator of the Environmental 
     Protection Agency as having substantially lower levels of 
     embodied carbon as compared to estimated industry averages of 
     similar materials or products.

                    Subtitle B--Hazardous Materials

     SEC. 30201. GRANTS TO REDUCE WASTE IN COMMUNITIES.

       The Solid Waste Disposal Act is amended by inserting after 
     section 7010 (42 U.S.C. 6979b) the following:

     ``SEC. 7011. GRANTS TO REDUCE WASTE IN COMMUNITIES.

       ``(a) Appropriations.--
       ``(1) Organics recycling and food waste.--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, $95,000,000, to remain 
     available until September 30, 2031, to make grants, on a 
     competitive basis, to eligible recipients for projects in, or 
     directly serving, low-income or disadvantaged communities 
     to--
       ``(A) construct, expand, or modernize infrastructure for 
     recycling and reuse of organic material, including any 
     facility, machinery, or equipment used to collect and process 
     organic material; or
       ``(B) measure, reduce, and prevent food waste.
       ``(2) Other waste reduction activities.--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, $95,000,000, to remain 
     available until September 30, 2031, to make grants, on a 
     competitive basis, to eligible recipients for projects in, or 
     directly serving, low-income or disadvantaged communities 
     to--
       ``(A) reduce 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;
       ``(B) create market demand or manufacturing capacity for 
     recovered, recyclable, or recycled commodities and products, 
     including compost; or
       ``(C) support the development and implementation of 
     activities that reduce the amount of waste disposed of in 
     landfills or prevent the disposal of waste in landfills, 
     including--
       ``(i) expanding the availability of source-separated 
     organic waste collection;
       ``(ii) encouraging diversion of organic waste from 
     landfills; or
       ``(iii) increasing fees imposed on the disposal of waste, 
     including organic waste, at landfills.
       ``(b) Administration of Funds.--Of the amounts made 
     available under subsection (a), the Administrator shall 
     reserve 5 percent for the administrative costs necessary to 
     carry out activities pursuant to that subsection.
       ``(c) Definition of Eligible Recipient.--In this section, 
     the term `eligible recipient' means--
       ``(1) a single unit of State, local, or Tribal government; 
     or
       ``(2) a nonprofit organization.''.

     SEC. 30202. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.

       The Clean Air Act is amended by inserting after section 
     137, as added by subtitle A of this title, the following:

     ``SEC. 138. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.

       ``(a) Appropriation.--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--
       ``(1) $2,800,000,000 to remain available until September 
     30, 2026, to award grants for the activities described in 
     subsection (b); and
       ``(2) $200,000,000 to remain available until September 30, 
     2026, to provide technical assistance to eligible entities 
     related to grants awarded under this section.
       ``(b) Grants.--
       ``(1) In general.--The Administrator shall use amounts made 
     available under subsection (a)(1) 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) community-led air and other pollution monitoring, 
     prevention, and remediation, and investments in low- and 
     zero-emission and resilient technologies and related 
     infrastructure and workforce development that help reduce 
     greenhouse gas emissions and other air pollutants;
       ``(B) mitigating climate and health risks from urban heat 
     islands, extreme heat, wood heater emissions, and wildfire 
     events;
       ``(C) climate resiliency and adaptation;
       ``(D) reducing indoor toxics and indoor air pollution; or
       ``(E) facilitating engagement of disadvantaged communities 
     in State and Federal public processes, including facilitating 
     such engagement in advisory groups, workshops, and 
     rulemakings.
       ``(3) Eligible entities.--In this subsection, the term 
     `eligible entity' means--
       ``(A) a partnership between--
       ``(i) an Indian tribe, a local government, or an 
     institution of higher education; and
       ``(ii) a community-based nonprofit organization;
       ``(B) a community-based nonprofit organization; or
       ``(C) a partnership of community-based nonprofit 
     organizations.
       ``(c) Administrative Costs.--The Administrator shall 
     reserve 7 percent of the amounts made available under 
     subsection (a) for administrative costs to carry out this 
     section.''.

     SEC. 30203. FUNDING FOR DATA COLLECTION ON NATIONAL RECYCLING 
                   EFFORTS.

       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, $10,000,000, to 
     remain available until September 30, 2031, to support data 
     collection activities with respect to recycling efforts 
     throughout the nation, with a particular focus on recycling 
     efforts in disadvantaged, low-income, and rural communities 
     that lack access to recycling services.

                       Subtitle C--Drinking Water

     SEC. 30301. LEAD REMEDIATION PROJECTS.

       (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, 
     $9,000,000,000, to remain available until September 30, 2026, 
     for--
       (1) grants under the lead reduction grant program under 
     section 1459B(b) of the Safe Drinking Water Act (42 U.S.C. 
     300j-19b(b)) to entities eligible for grants under that 
     program that serve communities determined to be disadvantaged 
     communities pursuant to paragraph (3)(A) of such subsection, 
     for full service line replacement within those disadvantaged 
     communities;
       (2) grants for the installation and maintenance of lead 
     filtration stations at schools and child care programs (as 
     defined in section 1464(d)(1) of that Act (42 U.S.C. 300j-
     24(d)(1)) that serve disadvantaged communities; and
       (3) grants under subsection (d) of section 1464 of that Act 
     (42 U.S.C. 300j-24)--
       (A) to pay the costs of replacement of drinking water 
     fountains in schools and child care programs that serve 
     disadvantaged communities;
       (B) for lead remediation projects in buildings operated by 
     entities eligible for grants under that subsection that serve 
     disadvantaged communities; and
       (C) for compliance monitoring in disadvantaged communities.
       (b) Cost-share Waiver.--An entity receiving assistance 
     pursuant to this section shall not be required to provide a 
     share of the costs of carrying out the project or activity 
     funded by that assistance.
       (c) Administrative Costs.--Of the amounts made available 
     under subsection (a), the Administrator of the Environmental 
     Protection Agency shall reserve 7 percent for the 
     administrative costs of carrying out this section.

     SEC. 30302. FUNDING FOR WATER ASSISTANCE PROGRAM.

       (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, 
     $225,000,000, to remain available until expended, to provide 
     grants to States, Indian Tribes, and Tribal organizations to 
     assist low-income households that pay a high proportion of 
     household income for drinking water and wastewater (including 
     stormwater) services, particularly households with an annual 
     income that is less than or equal to 150 percent of the 
     Federal poverty line, by providing amounts to community water 
     systems (as defined in section 1401 of the Safe Drinking 
     Water Act (42 U.S.C. 300f)) or publicly owned treatment works 
     (as defined in section 212 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1292)) to reduce the arrearages of and 
     rates charged to those households for those services by up to 
     100 percent.
       (b) Requirement.--Of the amounts made available under 
     subsection (a), the Administrator of the Environmental 
     Protection Agency shall reserve not more than 3 percent to 
     provide the assistance described in that subsection to Indian 
     Tribes and Tribal organizations.
       (c) Cost-share Waiver.--An entity receiving assistance 
     pursuant to this section shall not be required to provide a 
     share of the costs of carrying out the activity funded by 
     that assistance.
       (d) Administrative Costs.--Of the amounts made available 
     under subsection (a), the Administrator of the Environmental 
     Protection Agency shall reserve 7 percent for the 
     administrative costs of carrying out this section.
       (e) Definition of State.--In this section, the term 
     ``State'' means--
       (1) each of the 50 States;
       (2) the District of Columbia;
       (3) the Commonwealth of Puerto Rico;
       (4) American Samoa;
       (5) Guam;
       (6) the United States Virgin Islands; and
       (7) the Commonwealth of the Northern Mariana Islands.

                           Subtitle D--Energy

       PART 1--RESIDENTIAL EFFICIENCY AND ELECTRIFICATION REBATES

     SEC. 30411. HOME ENERGY PERFORMANCE-BASED, WHOLE-HOUSE 
                   REBATES AND TRAINING GRANTS.

       (a) Home On-line Performance-based Energy Efficiency (HOPE) 
     Contractor Training 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, $360,000,000, to remain available until 
     September 30, 2030, to award grants to States to develop and 
     implement a State program described in section 362(d)(13) of 
     the Energy Policy and Conservation Act (42 U.S.C. 
     6322(d)(13)), which shall partner with nonprofit 
     organizations to fund qualifying programs described in 
     paragraph (2) that provide training courses and opportunities 
     to support home energy efficiency

[[Page H6411]]

     upgrade construction services to train workers, both on-line 
     and in-person, to support and provide for the home energy 
     efficiency retrofits under subsection (b), and for 
     administrative expenses associated with carrying out this 
     subsection.
       (2) Qualifying programs.--For the purposes of this 
     paragraph, qualifying programs are programs that--
       (A) provide the equivalent of at least 30 hours in total 
     course time;
       (B) 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;
       (C) 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;
       (D) have established learning objectives;
       (E) 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
       (F) 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.
       (3) 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 subsection to 
     administer a qualifying program described in paragraph (2), 
     including for the conduct of design and operations 
     activities.
       (4) Terms and conditions.--
       (A) Eligible use of funds.--Of the amounts made available 
     to a State under this subsection, 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 subsection; and
       (iv) to support wages of employees during training.
       (B) Timing of obligations.--Amounts made available under 
     this subsection shall be used, as necessary, to cover or 
     reimburse allowable costs incurred after the date of 
     enactment of this Act.
       (C) Unobligated amounts.--Amounts made available under this 
     subsection which are not accepted, are voluntarily returned, 
     or otherwise recaptured for any reason shall be used to fund 
     grants under subsection (b).
       (b) Home Owner Managing Energy Savings (HOMES) Rebates.--
       (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, $5,890,000,000, to remain available until 
     September 30, 2030, to award grants, in accordance with the 
     formula for the State Energy Program under part D of title 
     III of the Energy Policy and Conservation Act in effect on 
     January 1, 2021, to State energy offices to establish Home 
     Owner Managing Energy Savings (HOMES) Rebate Programs 
     pursuant to section 362(d)(5) of such Act (42 U.S.C. 
     6322(d)(5)), and for administrative expenses associated with 
     carrying out this subsection.
       (2) Coordination.--In carrying out this subsection, 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.
       (3) Application.--In order to receive a grant under this 
     subsection, a State shall submit to the Secretary an 
     application that includes a plan to implement a qualifying 
     State program that includes--
       (A) 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;
       (B) 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;
       (C) 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;
       (D) 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;
       (E) 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
       (F) 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.
       (4) Amount of rebates for single family and multifamily 
     homes.--Of the amounts provided to a State energy office 
     under this subsection, 85 percent shall be used to provide 
     Home Owner Managing Energy Savings (HOMES) Rebates to--
       (A) 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;
       (B) 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
       (C) 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 publicly 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.
       (5) Requirement.--Not less than 25 percent of the funds 
     provided to a State energy office under this subsection shall 
     be used for the purposes of each of subparagraphs (A), (B), 
     and (C) of paragraph (4).
       (6) Eligibility of certain appliances.--In calculating 
     total energy savings for single family or multifamily homes 
     under this subsection, 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.
       (7) Planning.--Not to exceed 20 percent of any grant made 
     with funds made available under this subsection shall be 
     expended for planning and management development and 
     administration.
       (8) Technical assistance.--Amounts made available under 
     this subsection shall be used for single family, multifamily, 
     and manufactured housing rebates and the Secretary shall, in 
     consultation with States, contractors, and other local 
     technical experts design support, methodology, and contractor 
     criteria as appropriate for the different building stock.

[[Page H6412]]

       (9) 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 (as amended by this subtitle) may be used in 
     conjunction with the funds made available under this 
     subsection.
       (c) Definitions.--In this section:
       (1) Aggregator.--The term ``aggregator'' means a gas 
     utility, electric utility, commercial entity, nonprofit 
     entity, or State or local 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 (b).
       (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 (b).
       (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;
       (C) is occupied at least 6 months out of the year; and
       (D) is not on a military base.
       (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--
       (A) with 5 or more dwelling units; and
       (B) that is not on a military base.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (9) State energy office.--The term ``State energy office'' 
     has the meaning given the term ``State energy agency'' in 
     section 391(10) of the Energy Policy and Conservation Act (42 
     U.S.C. 6371(10)).
       (10) 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. 30412. 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--
       ``(A) $2,226,000,000, to remain available until September 
     30, 2031, to provide rebates under this section;
       ``(B) $4,000,000, to remain available until September 30, 
     2031, for community and consumer education and outreach 
     related to carrying out this section; and
       ``(C) $220,000,000, to remain available until September 30, 
     2031, to administer this section and 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, $3,800,000,000, 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

[[Page H6413]]

     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--

[[Page H6414]]

       ``(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; 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, which such annual median income of the area is 
     determined according to publicly available data; or
       ``(B) that is low-income as determined by the Secretary.
       ``(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) State.--The term `State' means a State, the District 
     of Columbia, or any territory or possession of the United 
     States.
       ``(15) Tribal community.--The term `Tribal community' means 
     a Tribal tract or Tribal block group.
       ``(16) 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 2--BUILDING EFFICIENCY AND RESILIENCE

     SEC. 30421. CRITICAL FACILITY MODERNIZATION.

       (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, $500,000,000, to remain available through 
     September 30, 2031, to provide financial assistance to States 
     to develop and implement State programs described in 
     subsection (d)(5) of section 362 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6322), as part of an approved 
     State energy conservation plan under that section, to be 
     distributed to States in accordance with the formula for the 
     State Energy Program established in part 420 of title 10, 
     Code of Federal Regulations (as in effect on January 1, 
     2021), to carry out projects to improve the energy resilience 
     of public or nonprofit buildings, including projects to 
     increase the energy efficiency and grid integration of public 
     or nonprofit buildings or the renewable energy used at public 
     or nonprofit buildings.
       (b) Use of Funds.--
       (1) Guidelines.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall issue guidelines 
     for measures for States to include in any program with 
     respect to which a State receives financial assistance under 
     this section.
       (2) Administrative expenses.--A State receiving financial 
     assistance under this section shall use not more than 10 
     percent for administrative purposes.
       (3) No matching funds requirement.--The Secretary may not 
     require a State receiving financial assistance under this 
     section to provide matching funds.
       (4) Exemption.--Activities carried out using funds 
     appropriated under subsection (a) shall not be subject to the 
     expenditure prohibitions and limitations of the State Energy 
     Program under section 420.18 of title 10, Code of Federal 
     Regulations.
       (c) Definitions.--In this section:
       (1) Energy resilience.--The term ``energy resilience'' 
     means the ability to withstand and quickly recover from an 
     energy supply disruption.
       (2) 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)).
       (3) 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. 30422. 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--
       (1) $100,000,000, 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) in accordance with subsection (b); and

[[Page H6415]]

       (2) $200,000,000, 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) in accordance with subsection (c).
       (b) Latest Building Energy Code.--The Secretary of Energy 
     shall use funds made available under subsection (a)(1) for 
     grants to assist States, and units of local government that 
     have authority to adopt building codes, to--
       (1) adopt--
       (A) 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;
       (B) 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
       (C) any combination of building energy codes described in 
     subparagraph (A) or (B); and
       (2) implement a plan for the jurisdiction to achieve full 
     compliance with any building energy code adopted under 
     paragraph (1) 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.
       (c) Zero Energy Code.--The Secretary of Energy shall use 
     funds made available under subsection (a)(2) for grants to 
     assist States, and units of local government that have 
     authority to adopt building codes, to--
       (1) 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
       (2) implement a plan for the jurisdiction to achieve full 
     compliance with any building energy code adopted under 
     paragraph (1) 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.
       (d) 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.
       (e) State Defined.--In this section, the term ``State'' has 
     the meaning given that term in section 3 of the Energy Policy 
     and Conservation Act (42 U.S.C. 6202).
       (f) 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 3--ZERO-EMISSIONS VEHICLE INFRASTRUCTURE

     SEC. 30431. ZERO-EMISSIONS VEHICLE INFRASTRUCTURE GRANTS.

       (a) Appropriations.--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 through September 30, 2028, 
     to be distributed to States in accordance with the formula 
     for the State Energy Program established in part 420 of title 
     10, Code of Federal Regulations (as in effect on January 1, 
     2021)--
       (1) $600,000,000 to carry out a program to provide 
     financial assistance to States to develop and implement State 
     programs described in subsection (d)(5) of section 362 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6322), as part 
     of an approved State energy conservation plan under that 
     section, to carry out projects to build out publicly 
     accessible level 2 electric vehicle supply equipment in rural 
     communities or underserved or disadvantaged communities;
       (2) $200,000,000 to carry out a program to provide 
     financial assistance to States to develop and implement State 
     programs described in subsection (d)(5) of section 362 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6322), as part 
     of an approved State energy conservation plan under that 
     section, to carry out projects to build out publicly 
     accessible networked direct current fast charge electric 
     vehicle supply equipment in rural communities or underserved 
     or disadvantaged communities; and
       (3) $200,000,000 to carry out a program to provide 
     financial assistance to States to develop and implement State 
     programs described in subsection (d)(5) of section 362 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6322), as part 
     of an approved State energy conservation plan under that 
     section, to carry out projects to build out hydrogen fueling 
     stations in rural communities or underserved or disadvantaged 
     communities.
       (b) Requirements.--
       (1) Measures.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish 
     requirements for measures to be included in any program with 
     respect to which a State receives financial assistance under 
     this section.
       (2) Administrative expenses.--A State receiving financial 
     assistance under this section shall use not more than 5 
     percent for administrative purposes.
       (3) No matching funds requirement.--The Secretary may not 
     require a State receiving financial assistance under this 
     section to provide matching funds.
       (4) Eligible entities.--Financial assistance provided by a 
     State using funds made available under this section shall 
     only be available to eligible entities.
       (5) Third-party contracts.--A State or eligible entity may 
     enter into a contract with a private third-party entity for 
     the build out of electric vehicle supply equipment or 
     hydrogen fueling stations under subsection (a).
       (6) Use of private property.--A State or eligible entity 
     may enter into an agreement for the use of publicly 
     accessible private property.
       (7) Limitation.--The Secretary shall ensure that no entity 
     receives a profit for access to or hosting of electric 
     vehicle supply equipment or hydrogen fueling stations built 
     out under a contract entered into under paragraph (5) or 
     pursuant to an agreement entered into under paragraph (6), 
     except that the Secretary shall determine an appropriate 
     amount of profit that an entity may receive for the sale of 
     electricity or hydrogen and the operation and maintenance of 
     such electric vehicle supply equipment or hydrogen fueling 
     stations.
       (8) Reallocation of funds.--A State shall return to the 
     Secretary any funds received under subsection (a) that the 
     State does not award within 3 years of receiving such funds, 
     and the Secretary shall reallocate such funds to other 
     States.
       (c) Definitions.--In this section:
       (1) 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, 
     stationary energy storage systems, 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) Eligible entity.--The term ``eligible entity'' means a 
     local, Tribal, or territorial government, a not-for-profit 
     entity, a nonprofit entity, a metropolitan planning 
     organization, or an entity with fewer than 50 employees, as 
     determined by the Secretary.
       (3) Level 2 electric vehicle supply equipment.--The term 
     ``level 2 electric vehicle supply equipment'' means electric 
     vehicle supply equipment that provides an alternating current 
     power source at a minimum of 208 volts.
       (4) Networked direct current fast charge electric vehicle 
     supply equipment.--The term ``networked direct current fast 
     charge electric vehicle supply 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 at least 
     data collection and access.
       (5) Private third-party entity.--The term ``private third-
     party entity'' means a non-governmental entity, including a 
     private business, that is able to contract with the State or 
     an eligible entity to carry out projects to build out 
     electric vehicle supply equipment or hydrogen fueling 
     stations.
       (6) Publicly accessible.--The term ``publicly accessible'' 
     means available to members of the public, including within or 
     around--
       (A) multiunit housing structures;
       (B) workplaces;
       (C) commercial locations that are accessible for a minimum 
     of 12 hours per day at least 5 days a week, and capable of 
     being monitored remotely; or
       (D) other locations that are accessible for a minimum of 12 
     hours per day at least 5 days a week, and capable of being 
     monitored remotely.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (8) Underserved or disadvantaged community.--The term 
     ``underserved or disadvantaged community'' means a community 
     or geographic area that is identified by the Secretary 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) disproportionately vulnerable to, or bearing a 
     disproportionate burden of, any combination of economic, 
     social, environmental, or climate stressors.

                  PART 4--DOE LOAN AND GRANT PROGRAMS

     SEC. 30441. 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 
     $40,000,000,000, to remain available until September 30, 
     2026: 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 President 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--

[[Page H6416]]

       (A) paid exclusively in cash;
       (B) deposited in the Treasury as offsetting receipts; and
       (C) equal to the fair market value;
       (3) projects as a result of such projects benefitting from 
     the Federal insurance program under section 170 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2210); 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, 
     $3,600,000,000, to remain available until September 30, 2026, 
     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.
       (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. 30442. 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 September 30, 2028, for the costs of--
       (1) providing direct loans under section 136(d) of the 
     Energy Independence and Security Act of 2007 (42 U.S.C. 
     17013(d)); and
       (2) providing direct loans, in accordance with section 136 
     of such Act, for reequipping, expanding, or establishing a 
     manufacturing facility in the United States to produce, or 
     for engineering integration performed in the United States 
     of--
       (A) a medium duty vehicle or a heavy duty vehicle; or
       (B) any of the following that emit, under any possible 
     operational mode or condition, zero exhaust emissions of any 
     greenhouse gas:
       (i) A train or locomotive.
       (ii) A maritime vessel.
       (iii) An aircraft.
       (iv) Hyperloop technology.
       (b) Administrative Costs.--The Secretary shall reserve 
     $25,000,000 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. 30443. 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, $3,500,000,000, to remain available 
     until expended, for grants relating to domestic production of 
     plug-in electric hybrid, plug-in electric drive, and hydrogen 
     fuel cell electric vehicles, in accordance with section 712 
     of the Energy Policy Act of 2005 (42 U.S.C. 16062).
       (b) Administrative Costs.--The Secretary shall reserve 3 
     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. 30444. ENERGY COMMUNITY REINVESTMENT FINANCING.

       Title XVII of the Energy Policy Act of 2005 is amended by 
     inserting after section 1705 (42 U.S.C. 16516) the following:

     ``SEC. 1706. ENERGY COMMUNITY REINVESTMENT FINANCING 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, $5,000,000,000, to remain available until 
     September 30, 2026, for the cost of providing financial 
     support under this section, the gross principal amount of 
     which shall not exceed $250,000,000,000.
       ``(b) 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 making 
     or 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.
       ``(c) 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 (b), 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.
       ``(d) 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) Specific appropriation or contribution.--Any cost for 
     any financial support provided under this section shall be 
     paid in accordance with subsection (b) of section 1702 (for 
     purposes of which any reference in such subsection to a 
     guarantee shall be considered to be a reference to financial 
     support).
       ``(e) Definitions.--In this section:
       ``(1) Cost.--Notwithstanding section 1701, the term `cost' 
     has the meaning given such term 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 line of credit; and
       ``(B) a guarantee, including of a letter of credit for the 
     purposes of subsection (b)(3).''.

     SEC. 30445. TRIBAL ENERGY LOAN GUARANTEE PROGRAM.

       (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, $200,000,000, to remain available 
     until September 30, 2028, to carry out section 2602(c) of the 
     Energy Policy Act of 1992 (25 U.S.C. 3502(c)).
       (b) Inclusions in Title XVII Definition of Guarantee.--
     Section 1701(4)(B) of the Energy Policy Act of 2005 (42 
     U.S.C. 16511(4)(B)) is amended by striking the period at the 
     end and inserting ``and, for purposes of minimizing financing 
     costs, includes a guarantee by the Secretary of 100 percent 
     of the unpaid principal and interest due on any obligation to 
     the Federal Financing Bank.''.
       (c) Department of Energy Tribal Energy Loan Guarantee 
     Program.-- Section 2602(c) of the Energy Policy Act of 1992 
     (25 U.S.C. 3502(c)) is amended--
       (1) in paragraph (1), by striking ``(as defined in section 
     502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) 
     for an amount equal to not more than 90 percent of'' and 
     inserting ``(as defined in section 1701 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16511)) for''; and
       (2) in paragraph (4), by striking ``$2,000,000,000'' and 
     inserting ``$20,000,000,000''.

                     PART 5--ELECTRIC TRANSMISSION

     SEC. 30451. TRANSMISSION LINE AND INTERTIE INCENTIVES.

       (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, to remain available until September 
     30, 2030, $1,500,000,000 for purposes of providing grants 
     under subsection (b) and for administrative expenses 
     associated with carrying out this section, and $500,000,000 
     for the costs of providing direct loans under subsection (b): 
     Provided, That the Secretary shall not enter into any loan 
     agreement pursuant to this section that could result in 
     disbursements after September 30, 2031, or any grant 
     agreement pursuant to this section that could result in any 
     outlays after September 30, 2031: Provided further, 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; 
     (3) projects benefitting from the Federal insurance program 
     under section 170 of the Atomic

[[Page H6417]]

     Energy Act of 1954 (42 U.S.C. 2210); 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 President has certified in advance 
     in writing that the loan and the project comply with the 
     provisions under this section.
       (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) Recovery of costs for grants.--A grant provided under 
     this section may not be used to cover the portion of costs 
     for the construction of new, or for making upgrades to 
     existing, eligible transmission lines or eligible interties, 
     including the related facilities thereof, that are approved 
     for recovery through a Transmission Organization, regional 
     planning authority, governing or ratemaking body of an 
     electric cooperative, State commission, or another similar 
     body.
       (3) No duplicate assistance.--No eligible entity may 
     receive both a grant and a direct loan for the same 
     construction of, or upgrade to, an eligible transmission line 
     or eligible intertie under this section.
       (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.
       (6) State commission; transmission organization.--The terms 
     ``State commission'' and ``Transmission Organization'' have 
     the meanings given such terms in section 3 of the Federal 
     Power Act (16 U.S.C. 796).

     SEC. 30452. 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, 2029, 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.
       (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, provided that the Secretary shall not enter into any 
     grant agreement pursuant to this section that could result in 
     any outlays after September 30, 2031.
       (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 or 
     offshore 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.
       (3) State.--The term ``State'' means a State, the District 
     of Columbia, or any territory or possession of the United 
     States.

     SEC. 30453. 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, $40,000,000, to remain available until fiscal 
     year 2031, for purposes of carrying out a program to 
     provide--
       (1) technical assistance and grants to States to evaluate 
     forming, participating in, expanding, or improving organized 
     wholesale electricity markets; and
       (2) grants to States to procure data or technology systems 
     related to forming, participating in, expanding, or improving 
     organized wholesale electricity markets.
       (b) Applications.--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.
       (c) 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 a State or the 
     District of Columbia.

     SEC. 30454. 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, to carry out this section.
       (b) Use of Funds.--The Secretary of Energy shall use 
     amounts made available under subsection (a) to--

[[Page H6418]]

       (1) pay expenses associated with convening relevant 
     stakeholders, including States, generation and transmission 
     developers, regional transmission organizations, independent 
     system operators, environmental organizations, electric 
     utilities, 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, energy storage, 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;
       (K) evaluation of existing rights-of-way and the need for 
     additional transmission corridors; and
       (L) a planned national transmission grid, which would 
     include a networked transmission system to optimize the 
     existing grid for interconnection of offshore wind farms.

                     PART 6--ENVIRONMENTAL REVIEWS

     SEC. 30461. 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, $125,000,000, to remain available until 
     September 30, 2031, to provide for the development of more 
     efficient, accurate, and timely reviews for planning, 
     permitting, and approval processes through the hiring and 
     training of personnel, the development of programmatic 
     documents, the procurement of technical or scientific 
     services for reviews, the development of data or information 
     systems, stakeholder and community engagement, the purchase 
     of new equipment for analysis, and the development of 
     geographic information systems and other analysis tools, 
     techniques, and guidance to improve agency transparency, 
     accountability, and public engagement.

     SEC. 30462. FEDERAL ENERGY REGULATORY COMMISSION.

       (a) In General.--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, $75,000,000, to 
     remain available until September 30, 2031, to provide for the 
     development of more efficient, accurate, and timely reviews 
     for planning, permitting, and approval processes through the 
     hiring and training of personnel, the development of 
     programmatic documents, the procurement of technical or 
     scientific services for reviews, the development of data or 
     information systems, stakeholder and community engagement, 
     the purchase of new equipment for analysis, and the 
     development of geographic information systems and other 
     analysis tools, techniques, and guidance to improve agency 
     transparency, accountability, and public engagement.
       (b) Fees and Charges.--Section 3401(a) of the Omnibus 
     Budget Reconciliation Act of 1986 (42 U.S.C. 7178(a)) shall 
     not apply to the costs incurred by the Federal Energy 
     Regulatory Commission in carrying out this section.

                           PART 7--INDUSTRIAL

     SEC. 30471. ADVANCED INDUSTRIAL FACILITIES DEPLOYMENT 
                   PROGRAM.

       (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, $4,000,000,000, to remain available 
     until September 30, 2026, to carry out this section.
       (b) Program.--The Secretary shall use funds appropriated by 
     subsection (a) to establish a program to provide financial 
     assistance, on a competitive basis, to eligible entities to 
     carry out projects for--
       (1) the purchase and installation, or implementation, of 
     advanced industrial technology at an eligible facility;
       (2) retrofits, upgrades to, or operational improvements at 
     an eligible facility to install or implement advanced 
     industrial technology; or
       (3) engineering studies and other work needed to prepare an 
     eligible facility for activities described in paragraph (1) 
     or (2).
       (c) Application.--To be eligible to receive financial 
     assistance under the program established under subsection 
     (b), 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, including the 
     expected greenhouse gas emissions reductions to be achieved 
     by carrying out the project.
       (d) Priority.--In providing financial assistance under the 
     program established under subsection (b), the Secretary shall 
     give priority consideration to projects on the basis of, as 
     determined by the Secretary--
       (1) the expected greenhouse gas emissions reductions to be 
     achieved by carrying out the project;
       (2) the extent to which the project would provide the 
     greatest benefit for the greatest number of people within the 
     area in which the eligible facility is located; and
       (3) whether the eligible entity participates or would 
     participate in a partnership with purchasers of the output of 
     the eligible facility.
       (e) Cost Share.--The Secretary may require an eligible 
     entity to provide not more than 50 percent of the cost of a 
     project carried out pursuant to this section.
       (f) Administrative Costs.--The Secretary shall reserve 
     $200,000,000 of amounts made available under subsection (a) 
     for administrative costs of carrying out this section.
       (g) Definitions.--
       (1) Advanced industrial technology.--The term ``advanced 
     industrial technology'' means technology or processes 
     designed to accelerate greenhouse gas emissions reduction 
     progress to net-zero at an eligible facility, as determined 
     by the Secretary, including--
       (A) industrial energy efficiency technologies;
       (B) equipment to electrify industrial processes;
       (C) equipment to utilize low- or zero-carbon fuels, 
     feedstocks, and energy sources;
       (D) low- or zero-carbon process heat systems; and
       (E) carbon capture, transport, utilization, and storage 
     systems.
       (2) Eligible entity.--The term ``eligible entity'' means 
     the owner or operator of an eligible facility.
       (3) Eligible facility.--The term ``eligible facility'' 
     means a domestic, non-Federal, nonpower industrial or 
     manufacturing facility engaged in energy-intensive industrial 
     processes, including production processes for iron, steel, 
     steel mill products, aluminum, cement, concrete, glass, pulp, 
     paper, and industrial ceramics.
       (4) Financial assistance.--The term ``financial 
     assistance'' means a grant, rebate, or cooperative agreement.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

                      PART 8--OTHER ENERGY MATTERS

     SEC. 30481. 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, $5,000,000, to remain available until 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.

     SEC. 30482. ENERGY INFORMATION ADMINISTRATION.

       In addition to amounts otherwise available, there is 
     appropriated to the Administrator of the Energy Information 
     Administration for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $40,000,000, to remain 
     available until September 30, 2031, for data collection, 
     research, and analysis activities.

              Subtitle E--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, 2024, and 2025, 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 who is determined at any point to have a household 
     income for 2022 that does not exceed 138 percent of the 
     poverty line for a family of the size involved, such 
     individual shall, for each month during such year, be treated 
     as having a 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, 2024, and 2025, 
     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, 2024, and 2025, 
     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

[[Page H6419]]

     with respect to months occurring during plan years 2023, 
     2024, and 2025 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, 2024, and 
     2025.
       ``(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 plan year, an eligible insured who is determined at any 
     point to have a household income for such plan year that does 
     not exceed 138 percent of the poverty line for a family of 
     the size involved. Such insured shall be deemed to be a 
     specified enrollee for each 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, 2025, 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 Years 2024 and 2025.--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 and 2025, for benefits described in paragraph 
     (5) in the case of an individual who 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 and 2025.--
       ``(A) In general.--
       ``(i) Benefits.--For purposes of paragraph (1)(D), the 
     benefits described in this paragraph to be provided by a 
     qualified health plan are benefits consisting of--

       ``(I) non-emergency medical transportation services (as 
     described in section 1902(a)(4) of the Social Security Act) 
     for which Federal payments would have been available under 
     title XIX of the Social Security Act had such services been 
     furnished to an individual enrolled under a State plan (or 
     waiver of such plan) under such title; and
       ``(II) services described in subsection (a)(4)(C) of 
     section 1905 of such Act for which Federal payments would 
     have been so available;

     which are not otherwise provided under such plan as part of 
     the essential health benefits package described in section 
     1302(a).
       ``(ii) Condition on provision of benefits.--Benefits 
     described in this paragraph shall be provided--

       ``(I) without any restriction on the choice of a qualified 
     provider from whom an individual may receive such benefits; 
     and
       ``(II) without any imposition of cost sharing.

       ``(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 or 2025 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, 
     $105,000,000 for fiscal year 2022 to carry out this 
     paragraph, of which--
       ``(i) $15,000,000 shall be used to carry out this paragraph 
     in fiscal year 2022; and
       ``(ii) $30,000,000 shall be used to carry out this 
     paragraph for each of fiscal years 2023 through 2025.''.
       (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 not less than 
     $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 not less 
     than $20,000,000 for each of fiscal years 2023, 2024, and 
     2025. Such amount so obligated for a fiscal year shall remain 
     available until expended.''.
       (e) Funding.--In addition to amounts otherwise available, 
     there is appropriated to the Secretary of Health and Human 
     Services for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $65,000,000, to remain 
     available until expended, for purposes of carrying out the 
     provisions of, and the amendments made by, this section, 
     section 30602, and section 30603.

     SEC. 30602. 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 section 1343 (42 U.S.C. 18063) 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.

[[Page H6420]]

       ``(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) Subsequent 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 subsequent year through 
     2025.
       ``(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, 2024, and 2025 
     for Certain States.--
       ``(1) In general.--For 2023, 2024, and 2025, 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, 2024, or 2025, 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, 2024, or 2025, 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, 2024, and 2025, is a 
     State that, as of January 1 of 2022, 2023, or 2024, 
     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 through 2025 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 2025, January 1 of the previous year.
       ``(C) Notifications of allocation amounts.--For 2024 and 
     2025, 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.''.
       (c) Implementation Authority.--The Secretary of Health and 
     Human Services may implement the provisions of, and the 
     amendments made by, this section by subregulatory guidance or 
     otherwise.

     SEC. 30603. FUNDING FOR THE PROVISION OF HEALTH INSURANCE 
                   CONSUMER INFORMATION.

       Section 2793(e) of the Public Health Service Act (42 U.S.C. 
     300gg-93(e)) is amended by adding at the end the following 
     new paragraph:
       ``(3) Funding for 2022 through 2025.--In addition to 
     amounts otherwise available, there is appropriated, out of 
     any money in the Treasury not otherwise appropriated, 
     $100,000,000 for 2022, to remain available until expended, of 
     which $25,000,000 shall be used for each of 2022 through 2025 
     to carry out this section.''.

[[Page H6421]]

  


     SEC. 30604. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR 
                   INSULIN PRODUCTS.

       (a) In General.--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:

     ``SEC. 2799A-11. REQUIREMENTS WITH RESPECT TO COST-SHARING 
                   FOR CERTAIN INSULIN PRODUCTS.

       ``(a) In General.--For plan years beginning on or after 
     January 1, 2023, a group health plan or health insurance 
     issuer offering group or individual health insurance coverage 
     shall provide coverage of selected insulin products, and with 
     respect to such products, shall not--
       ``(1) apply any deductible; or
       ``(2) impose any cost-sharing in excess of the lesser of, 
     per 30-day supply--
       ``(A) $35; or
       ``(B) the amount equal to 25 percent of the negotiated 
     price of the selected insulin product net of all price 
     concessions received by or on behalf of the plan or coverage, 
     including price concessions received by or on behalf of 
     third-party entities providing services to the plan or 
     coverage, such as pharmacy benefit management services.
       ``(b) Definitions.--In this section:
       ``(1) Selected insulin products.--The term `selected 
     insulin products' means at least one of each dosage form 
     (such as vial, pump, or inhaler dosage forms) of each 
     different type (such as rapid-acting, short-acting, 
     intermediate-acting, long-acting, ultra long-acting, and 
     premixed) of insulin (as defined below), when available, as 
     selected by the group health plan or health insurance issuer.
       ``(2) Insulin defined.--The term `insulin' means insulin 
     that is licensed under subsection (a) or (k) of section 351 
     and continues to be marketed under such section, including 
     any insulin product that has been deemed to be licensed under 
     section 351(a) 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.
       ``(c) Out-of-network Providers.--Nothing in this section 
     requires a plan or issuer that has a network of providers to 
     provide benefits for selected insulin products described in 
     this section that are delivered by an out-of-network 
     provider, or precludes a plan or issuer that has a network of 
     providers from imposing higher cost-sharing than the levels 
     specified in subsection (a) for selected insulin products 
     described in this section that are delivered by an out-of-
     network provider.
       ``(d) Rule of Construction.--Subsection (a) shall not be 
     construed to require coverage of, or prevent a group health 
     plan or health insurance coverage from imposing cost-sharing 
     other than the levels specified in subsection (a) on, insulin 
     products that are not selected insulin products, to the 
     extent that such coverage is not otherwise required and such 
     cost-sharing is otherwise permitted under Federal and 
     applicable State law.
       ``(e) Application of Cost-sharing Towards Deductibles and 
     Out-of-pocket Maximums.--Any cost-sharing payments made 
     pursuant to subsection (a)(2) shall be counted toward any 
     deductible or out-of-pocket maximum that applies under the 
     plan or coverage.''.
       (b) No Effect on Other Cost-sharing.--Section 1302(d)(2) of 
     the Patient Protection and Affordable Care Act (42 U.S.C. 
     18022(d)(2)) is amended by adding at the end the following 
     new subparagraph:
       ``(D) Special rule relating to insulin coverage.--The 
     exemption of coverage of selected insulin products (as 
     defined in section 2799A-11(b) of the Public Health Service 
     Act) from the application of any deductible pursuant to 
     section 2799A-11(a)(1) of such Act, section 726(a)(1) of the 
     Employee Retirement Income Security Act of 1974, or section 
     9826(a)(1) of the Internal Revenue Code of 1986 shall not be 
     considered when determining the actuarial value of a 
     qualified health plan under this subsection.''.
       (c) Coverage of Certain Insulin Products Under Catastrophic 
     Plans.--Section 1302(e) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18022(e)) is amended by adding 
     at the end the following:
       ``(4) Coverage of certain insulin products.--
       ``(A) In general.--Notwithstanding paragraph (1)(B)(i), a 
     health plan described in paragraph (1) shall provide coverage 
     of selected insulin products, in accordance with section 
     2799A-11 of the Public Health Service Act, for a plan year 
     before an enrolled individual has incurred cost-sharing 
     expenses in an amount equal to the annual limitation in 
     effect under subsection (c)(1) for the plan year.
       ``(B) Terminology.--For purposes of subparagraph (A)--
       ``(i) the term `selected insulin products' has the meaning 
     given such term in section 2799A-11(b) of the Public Health 
     Service Act; and
       ``(ii) the requirements of section 2799A-11 of such Act 
     shall be applied by deeming each reference in such section to 
     `individual health insurance coverage' to be a reference to a 
     plan described in paragraph (1).''.

     SEC. 30605. COST-SHARING REDUCTIONS FOR INDIVIDUALS RECEIVING 
                   UNEMPLOYMENT COMPENSATION.

       Section 1402(f) of the Patient Protection and Affordable 
     Care Act (42 U.S.C. 18071(f)) is amended--
       (1) in the header, by striking ``2021'' and inserting 
     ``Certain Years'';
       (2) in the matter preceding paragraph (1), by striking 
     ``2021'' and inserting ``any of years 2021 through 2022''; 
     and
       (3) in paragraph (2), by striking ``133 percent'' and 
     inserting ``150 percent''.

     SEC. 30606. OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES.

       (a) In General.--Title XXVII of the Public Health Service 
     Act (42 U.S.C. 300gg et seq.), as amended by section 30604, 
     is further amended--
       (1) in part D (42 U.S.C. 300gg-111 et seq.), by adding at 
     the end the following new section:

     ``SEC. 2799A-12. OVERSIGHT OF PHARMACY BENEFIT MANAGER 
                   SERVICES.

       ``(a) In General.--For plan years beginning on or after 
     January 1, 2023, a group health plan or health insurance 
     issuer offering group health insurance coverage or an entity 
     or subsidiary providing pharmacy benefits management services 
     on behalf of such a plan or issuer shall not enter into a 
     contract with a drug manufacturer, distributor, wholesaler, 
     subcontractor, rebate aggregator, or any associated third 
     party that limits the disclosure of information to plan 
     sponsors in such a manner that prevents the plan or issuer, 
     or an entity or subsidiary providing pharmacy benefits 
     management services on behalf of a plan or issuer, from 
     making the reports described in subsection (b).
       ``(b) Reports.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2023, not less frequently than once every 6 
     months, a health insurance issuer offering group health 
     insurance coverage or an entity providing pharmacy benefits 
     management services on behalf of a group health plan or an 
     issuer providing group health insurance coverage shall submit 
     to the plan sponsor (as defined in section 3(16)(B) of the 
     Employee Retirement Income Security Act of 1974) of such 
     group health plan or health insurance coverage a report in 
     accordance with this subsection and make such report 
     available to the plan sponsor in a machine-readable format. 
     Each such report shall include, with respect to the 
     applicable group health plan or health insurance coverage--
       ``(A) as applicable, information collected from drug 
     manufacturers by such issuer or entity on the total amount of 
     copayment assistance dollars paid, or copayment cards 
     applied, that were funded by the drug manufacturer with 
     respect to the participants and beneficiaries in such plan or 
     coverage;
       ``(B) a list of each drug covered by such plan, issuer, or 
     entity providing pharmacy benefit management services that 
     was dispensed during the reporting period, including, with 
     respect to each such drug during the reporting period--
       ``(i) the brand name, chemical entity, and National Drug 
     Code;
       ``(ii) the number of participants and beneficiaries for 
     whom the drug was filled during the plan year, the total 
     number of prescription fills for the drug (including original 
     prescriptions and refills), and the total number of dosage 
     units of the drug dispensed across the plan year, including 
     whether the dispensing channel was by retail, mail order, or 
     specialty pharmacy;
       ``(iii) the wholesale acquisition cost, listed as cost per 
     days supply and cost per pill, or in the case of a drug in 
     another form, per dose;
       ``(iv) the total out-of-pocket spending by participants and 
     beneficiaries on such drug, including participant and 
     beneficiary spending through copayments, coinsurance, and 
     deductibles; and
       ``(v) for any drug for which gross spending of the group 
     health plan or health insurance coverage exceeded $10,000 
     during the reporting period--

       ``(I) a list of all other drugs in the same therapeutic 
     category or class, including brand name drugs and biological 
     products and generic drugs or biosimilar biological products 
     that are in the same therapeutic category or class as such 
     drug; and
       ``(II) the rationale for preferred formulary placement of 
     such drug in that therapeutic category or class;

       ``(C) a list of each therapeutic category or class of drugs 
     that were dispensed under the health plan or health insurance 
     coverage during the reporting period, and, with respect to 
     each such therapeutic category or class of drugs, during the 
     reporting period--
       ``(i) total gross spending by the plan, before manufacturer 
     rebates, fees, or other manufacturer remuneration;
       ``(ii) the number of participants and beneficiaries who 
     filled a prescription for a drug in that category or class;
       ``(iii) if applicable to that category or class, a 
     description of the formulary tiers and utilization mechanisms 
     (such as prior authorization or step therapy) employed for 
     drugs in that category or class;
       ``(iv) the total out-of-pocket spending by participants and 
     beneficiaries, including participant and beneficiary spending 
     through copayments, coinsurance, and deductibles; and
       ``(v) for each therapeutic category or class under which 3 
     or more drugs are included on the formulary of such plan or 
     coverage--

       ``(I) the amount received, or expected to be received, from 
     drug manufacturers in rebates, fees, alternative discounts, 
     or other remuneration--

       ``(aa) to be paid by drug manufacturers for claims incurred 
     during the reporting period; or
       ``(bb) that is related to utilization of drugs, in such 
     therapeutic category or class;

       ``(II) the total net spending, after deducting rebates, 
     price concessions, alternative discounts or other 
     remuneration from drug manufacturers, by the health plan or 
     health insurance coverage on that category or class of drugs; 
     and
       ``(III) the net price per course of treatment or single 
     fill, such as a 30-day supply or 90-day supply, incurred by 
     the health plan or health insurance coverage and its 
     participants and beneficiaries, after manufacturer rebates, 
     fees, and other remuneration for drugs dispensed within such 
     therapeutic category or class during the reporting period;

       ``(D) total gross spending on prescription drugs by the 
     plan or coverage during the reporting period, before rebates 
     and other manufacturer fees or remuneration;
       ``(E) total amount received, or expected to be received, by 
     the health plan or health insurance coverage in drug 
     manufacturer rebates, fees, alternative discounts, and all 
     other remuneration

[[Page H6422]]

     received from the manufacturer or any third party, other than 
     the plan sponsor, related to utilization of drug or drug 
     spending under that health plan or health insurance coverage 
     during the reporting period;
       ``(F) the total net spending on prescription drugs by the 
     health plan or health insurance coverage during the reporting 
     period; and
       ``(G) amounts paid directly or indirectly in rebates, fees, 
     or any other type of remuneration to brokers, consultants, 
     advisors, or any other individual or firm who referred the 
     group health plan's or health insurance issuer's business to 
     the pharmacy benefit manager.
       ``(2) Privacy requirements.--Health insurance issuers 
     offering group health insurance coverage and entities 
     providing pharmacy benefits management services on behalf of 
     a group health plan shall provide information under paragraph 
     (1) in a manner consistent with the privacy, security, and 
     breach notification regulations promulgated under section 
     264(c) of the Health Insurance Portability and Accountability 
     Act of 1996, and shall restrict the use and disclosure of 
     such information according to such privacy regulations.
       ``(3) Disclosure and redisclosure.--
       ``(A) Limitation to business associates.--A group health 
     plan receiving a report under paragraph (1) may disclose such 
     information only to business associates of such plan as 
     defined in section 160.103 of title 45, Code of Federal 
     Regulations (or successor regulations).
       ``(B) Clarification regarding public disclosure of 
     information.--Nothing in this section prevents a health 
     insurance issuer offering group health insurance coverage or 
     an entity providing pharmacy benefits management services on 
     behalf of a group health plan from placing reasonable 
     restrictions on the public disclosure of the information 
     contained in a report described in paragraph (1), except that 
     such issuer or entity may not restrict disclosure of such 
     report to the Department of Health and Human Services, the 
     Department of Labor, or the Department of the Treasury.
       ``(C) Limited form of report.--The Secretary shall define 
     through rulemaking a limited form of the report under 
     paragraph (1) required of plan sponsors who are drug 
     manufacturers, drug wholesalers, or other direct participants 
     in the drug supply chain, in order to prevent anti-
     competitive behavior.
       ``(4) Report to gao.--A health insurance issuer offering 
     group health insurance coverage or an entity providing 
     pharmacy benefits management services on behalf of a group 
     health plan shall submit to the Comptroller General of the 
     United States each of the first 4 reports submitted to a plan 
     sponsor under paragraph (1) with respect to such coverage or 
     plan, and other such reports as requested, in accordance with 
     the privacy requirements under paragraph (2) and the 
     disclosure and redisclosure standards under paragraph (3), 
     and such other information that the Comptroller General 
     determines necessary to carry out the study under section 
     30606(b) of An Act to provide for reconciliation pursuant to 
     title II of S. Con. Res. 14.
       ``(c) Enforcement.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Labor and the Secretary of the Treasury, shall 
     enforce this section.
       ``(2) Failure to provide timely information.--A health 
     insurance issuer or an entity providing pharmacy benefit 
     management services that violates subsection (a) or fails to 
     provide information required under subsection (b), or a drug 
     manufacturer that fails to provide information under 
     subsection (b)(1)(A) in a timely manner, shall be subject to 
     a civil monetary penalty in the amount of $10,000 for each 
     day during which such violation continues or such information 
     is not disclosed or reported.
       ``(3) False information.--A health insurance issuer, entity 
     providing pharmacy benefit management services, or drug 
     manufacturer that knowingly provides false information under 
     this section shall be subject to a civil money penalty in an 
     amount not to exceed $100,000 for each item of false 
     information. Such civil money penalty shall be in addition to 
     other penalties as may be prescribed by law.
       ``(4) Procedure.--The provisions of section 1128A of the 
     Social Security Act, other than subsection (a) and (b) and 
     the first sentence of subsection (c)(1) of such section shall 
     apply to civil monetary penalties under this subsection in 
     the same manner as such provisions apply to a penalty or 
     proceeding under section 1128A of the Social Security Act.
       ``(5) Waivers.--The Secretary may waive penalties under 
     paragraph (2), or extend the period of time for compliance 
     with a requirement of this section, for an entity in 
     violation of this section that has made a good-faith effort 
     to comply with this section.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to permit a health insurance issuer, group 
     health plan, or other entity to restrict disclosure to, or 
     otherwise limit the access of, the Department of Health and 
     Human Services to a report described in subsection (b)(1) or 
     information related to compliance with subsection (a) by such 
     issuer, plan, or entity.
       ``(e) Definition.--In this section, the term `wholesale 
     acquisition cost' has the meaning given such term in section 
     1847A(c)(6)(B) of the Social Security Act.''; and
       (2) in section 2723 (42 U.S.C. 300gg-22)--
       (A) in subsection (a)--
       (i) in paragraph (1), by inserting ``(other than 
     subsections (a) and (b) of section 2799A-12)'' after ``part 
     D''; and
       (ii) in paragraph (2), by inserting ``(other than 
     subsections (a) and (b) of section 2799A-12)'' after ``part 
     D'';
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``(other than 
     subsections (a) and (b) of section 2799A-12)'' after ``part 
     D'';
       (ii) in paragraph (2)(A), by inserting ``(other than 
     subsections (a) and (b) of section 2799A-12)'' after ``part 
     D''; and
       (iii) in paragraph (2)(C)(ii), by inserting ``(other than 
     subsections (a) and (b) of section 2799A-12)'' after ``part 
     D''.
       (b) GAO Study.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall report to Congress on--
       (A) pharmacy networks of group health plans, health 
     insurance issuers, and entities providing pharmacy benefit 
     management services under such group health plan or group or 
     individual health insurance coverage, including networks that 
     have pharmacies that are under common ownership (in whole or 
     part) with group health plans, health insurance issuers, or 
     entities providing pharmacy benefit management services or 
     pharmacy benefit administrative services under group health 
     plan or group or individual health insurance coverage;
       (B) as it relates to pharmacy networks that include 
     pharmacies under common ownership described in subparagraph 
     (A)--
       (i) whether such networks are designed to encourage 
     enrollees of a plan or coverage to use such pharmacies over 
     other network pharmacies for specific services or drugs, and 
     if so, the reasons the networks give for encouraging use of 
     such pharmacies; and
       (ii) whether such pharmacies are used by enrollees 
     disproportionately more in the aggregate or for specific 
     services or drugs compared to other network pharmacies;
       (C) whether group health plans and health insurance issuers 
     offering group or individual health insurance coverage have 
     options to elect different network pricing arrangements in 
     the marketplace with entities that provide pharmacy benefit 
     management services, the prevalence of electing such 
     different network pricing arrangements;
       (D) pharmacy network design parameters that encourage 
     enrollees in the plan or coverage to fill prescriptions at 
     mail order, specialty, or retail pharmacies that are wholly 
     or partially-owned by that issuer or entity; and
       (E) the degree to which mail order, specialty, or retail 
     pharmacies that dispense prescription drugs to an enrollee in 
     a group health plan or health insurance coverage that are 
     under common ownership (in whole or part) with group health 
     plans, health insurance issuers, or entities providing 
     pharmacy benefit management services or pharmacy benefit 
     administrative services under group health plan or group or 
     individual health insurance coverage receive reimbursement 
     that is greater than the median price charged to the group 
     health plan or health insurance issuer when the same drug is 
     dispensed to enrollees in the plan or coverage by other 
     pharmacies included in the pharmacy network of that plan, 
     issuer, or entity that are not wholly or partially owned by 
     the health insurance issuer or entity providing pharmacy 
     benefit management services.
       (2) Requirement.--The Comptroller General of the United 
     States shall ensure that the report under paragraph (1) does 
     not contain information that would allow a reader to identify 
     a specific plan or entity providing pharmacy benefits 
     management services or otherwise contain commercial or 
     financial information that is privileged or confidential.
       (3) Definitions.--In this subsection, the terms ``group 
     health plan'', ``health insurance coverage'', and ``health 
     insurance issuer'' have the meanings given such terms in 
     section 2791 of the Public Health Service Act (42 U.S.C. 
     300gg-91).

     SEC. 30607. FUNDING TO SUPPORT STATE APPLICATIONS FOR SECTION 
                   1332 WAIVERS AND ADMINISTRATION.

       Section 1332 of the Patient Protection and Affordable Care 
     Act (42 U.S.C. 18052) is amended by adding at the end the 
     following:
       ``(f) Administration and Planning Grants.--
       ``(1) Appropriation.--In addition to any other amounts made 
     available, there is appropriated to the Secretary of Health 
     and Human Services for fiscal year 2022, out of any amounts 
     in the Treasury not otherwise appropriated, $50,000,000, to 
     remain available until expended, for purposes of implementing 
     the grant program under paragraph (2) and awarding grants 
     under such paragraph.
       ``(2) Grants.--From the amount appropriated under paragraph 
     (1), the Secretary of Health and Human Services shall award 
     grants to States for purposes of developing a new waiver 
     application, preparing an application for a waiver extension 
     or amendment, or implementing a State plan under this 
     section. The amount of a grant awarded to a State under this 
     subsection shall remain available until expended.
       ``(3) Limitation.--Each grant awarded to a State under this 
     subsection shall be in an amount not to exceed $5,000,000.''.

     SEC. 30608. ADJUSTMENTS TO UNCOMPENSATED CARE POOLS AND 
                   DISPROPORTIONATE SHARE HOSPITAL PAYMENTS.

       (a) Adjustments to Uncompensated Care Pools.--Section 1903 
     of the Social Security Act (42 U.S.C. 1396b) is amended by 
     adding at the end the following new subsection:
       ``(cc) Excluding Expenditures for Expansion Population From 
     Assistance Under Waivers Relating to Uncompensated Care.--
     With respect to a State with a State plan (or waiver of such 
     plan) that does not provide, with respect to a fiscal year 
     (beginning with fiscal year 2023), to all individuals 
     described in section 1902(a)(10)(A)(i)(VIII) benchmark 
     coverage described in section 1937(b)(1) or benchmark 
     equivalent coverage described in section 1937(b)(2), in the 
     case of any experimental, pilot, or demonstration project 
     undertaken under section 1115, with respect to such State and 
     fiscal year,

[[Page H6423]]

     that provides for Federal financial participation with 
     respect to expenditures for payments to providers for 
     otherwise uncompensated care that is furnished to low-income 
     individuals, uninsured individuals, or underinsured 
     individuals, notwithstanding any waiver authority available 
     under such section, such project shall exclude from Federal 
     financial participation any expenditures for care that is 
     furnished with respect to such fiscal year to individuals 
     described in section 1902(a)(10)(A)(i)(VIII).''.
       (b) Adjustments to Disproportionate Share Hospital 
     Payments.--
       (1) In general.--Section 1923(f) of the Social Security Act 
     (42 U.S.C.1396r-4(f)) is amended--
       (A) in paragraph (3)(A), by striking ``paragraphs (6), (7), 
     and (8)'' and inserting ``paragraphs (6), (7), (8), and 
     (10)'';
       (B) in paragraph (6)(A)(vi), by inserting ``(except 
     paragraph (10))'' before ``, any other provision of law'';
       (C) in paragraph (7)(A)(i), by inserting ``without regard 
     to paragraph (10),'' before ``the Secretary''; and
       (D) by adding at the end the following new paragraph:
       ``(10) State dsh allotments for non-expansion states 
     beginning with fiscal year 2023.--
       ``(A) In general.--For fiscal year 2023 and each subsequent 
     fiscal year--
       ``(i) in the case of a State with a State plan (or waiver 
     of such plan) that, with respect to such fiscal year, does 
     not provide to all individuals described in section 
     1902(a)(10)(A)(i)(VIII) benchmark coverage described in 
     section 1937(b)(1) or benchmark equivalent coverage described 
     in section 1937(b)(2), the Secretary shall reduce the DSH 
     allotment to the State for such fiscal year in the amount 
     equal to 12.5 percent of the DSH allotment that would (after 
     the application of paragraph (6), and without the application 
     of paragraphs (7), (8), or this paragraph) be determined 
     under this subsection for the State for such fiscal year;
       ``(ii) in the case of a State with a State plan (or waiver 
     of such plan) that, with respect to such fiscal year, 
     initially provides to all individuals described in section 
     1902(a)(10)(A)(i)(VIII) benchmark coverage described in 
     1937(b)(1) or benchmark equivalent coverage described in 
     section 1937(b)(2), but during such fiscal year stops 
     providing to any such individual such benchmark or benchmark 
     equivalent coverage, the Secretary shall reduce the DSH 
     allotment to the State for such fiscal year in the amount 
     equal to the product of--

       ``(I) 12.5 percent of the DSH allotment that would (after 
     the application of paragraph (6), and without the application 
     of paragraphs (7), (8), or this paragraph) be determined 
     under this subsection for the State for such fiscal year; and
       ``(II) expressed as a percentage, the number of days of 
     such fiscal year during which such State plan (or waiver of 
     such plan), with respect to such fiscal year, did not provide 
     to such individuals such benchmark or benchmark equivalent 
     coverage; or

       ``(iii) in the case of a State with a State plan (or waiver 
     of such plan) that, with respect to such fiscal year, 
     either--

       ``(I) initially does not provide to all individuals 
     described in section 1902(a)(10)(A)(i)(VIII) benchmark 
     coverage described in 1937(b)(1) or benchmark equivalent 
     coverage described in section 1937(b)(2), but during the 
     fiscal year establishes a State plan (or waiver of such plan) 
     that provides, for the remainder of the fiscal year, all such 
     individuals such benchmark or benchmark equivalent coverage; 
     or
       ``(II) did not provide to all such individuals such 
     benchmark or benchmark equivalent coverage during the fiscal 
     year preceding such fiscal year described in the matter 
     preceding subclause (I), but on the first day of such fiscal 
     year establishes a State plan (or waiver of such plan) that 
     provides, for the entirety of such fiscal year, all such 
     individuals such benchmark or benchmark equivalent coverage;

     the DSH allotment for such State for such fiscal year is 
     equal to the DSH allotment under this subsection (without 
     application of this paragraph) for the State for the entirety 
     of such fiscal year.
       ``(B) Calculation of dsh allotments after expansion 
     period.--The DSH allotment for a State for fiscal years after 
     which a State provides under a State plan (or waiver of such 
     plan) to all individuals described in section 
     1902(a)(10)(A)(i)(VIII) benchmark coverage described in 
     section 1937(b)(1) or benchmark equivalent coverage described 
     in section 1937(b)(2) and, for which the State continues to 
     provide under the State plan (or waiver of such plan) such 
     benchmark or benchmark equivalent coverage to such 
     individuals, without the providing of such benchmark or 
     benchmark equivalent coverage being stopped during a fiscal 
     year (as described in the matter preceding subclause (I) of 
     subparagraph (A)(ii)), shall be calculated under paragraph 
     (3) without regard to this paragraph.''.
       (2) Technical amendment.--Section 1923(f)(7)(A)(i)(II) of 
     the Social Security Act (42 U.S.C.1396r-4(f)(7)(A)(i)(II)) is 
     amended by adding at period at the end.

     SEC. 30609. FURTHER INCREASE IN FMAP FOR MEDICAL ASSISTANCE 
                   FOR NEWLY ELIGIBLE MANDATORY INDIVIDUALS.

       Section 1905(y)(1) of the Social Security Act (42 U.S.C. 
     1396d(y)(1)) is amended--
       (1) in subparagraph (D), by striking at the end ``and'';
       (2) in subparagraph (E), by striking ``2020 and each year 
     thereafter.'' and inserting ``2020, 2021, and 2022; and''; 
     and
       (3) by adding at the end the following new subparagraphs:
       ``(F) 93 percent for calendar quarters in 2023, 2024, and 
     2025; and
       ``(G) 90 percent for calendar quarters in 2026 and each 
     year thereafter.''.

                          Subtitle F--Medicaid

PART 1--INVESTMENTS IN HOME AND COMMUNITY-BASED SERVICES AND LONG-TERM 
                       CARE QUALITY AND WORKFORCE

     SEC. 30711. 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.--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 purposes of issuing guidance 
     and providing technical assistance to States intending to 
     apply for, or which are 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) Use of funds.--Subject to paragraph (3), 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). 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 make related infrastructure investments 
     (such as case management or other information technology 
     systems).
       (3) Limitation on use of funds.--None of the funds awarded 
     to a State under this section may be used by a State as the 
     source of the non-Federal share of expenditures under the 
     State plan (or waiver of such plan).
       (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 for home and community-based services pursuant to 
     the State plan (or waiver of such plan), 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 direct care workers and home care agencies, 
     or other similar organizations.
       (ii) Availability; unmet need.--A summary, in accordance 
     with guidance issued by the Secretary and as able to be 
     practicably determined by the State, 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 waiting list for such services).
       (C) Utilization.--An assessment of the utilization of home 
     and community-based services in the State (including the 
     number of individuals receiving such services) 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.
       (E) Workforce.--A description of the direct care workforce, 
     including 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, 
     and the turnover and vacancy rates of direct care worker 
     positions.
       (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, when the 
     State last updated payment rates for home and community-based 
     services, and an estimate of the portion of the payment rate 
     that goes toward direct care worker compensation.
       (ii) Assessment.--An assessment of the relationship between 
     payment rates for such services and workforce shortages, 
     average beneficiary wait times for such services, and 
     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 in a year 
     who receive

[[Page H6424]]

     items and services furnished by an institution for greater 
     than 30 days in an institutional setting.
       (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 30712).
       (B) Reduce barriers to and disparities in access or 
     utilization of home and community-based services in the 
     State.
       (C) Monitor and report on access to home and community-
     based services under the State Medicaid program, disparities 
     in access to such services, and the utilization of such 
     services.
       (D) Monitor and report 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.
       (E) Monitor and report on wages, benefits, and vacancy and 
     turnover rates for direct care workers.
       (F) Assess and monitor the sufficiency of payment rates 
     under the State Medicaid program, in a manner specified by 
     the Secretary, 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.
       (G) Coordinate implementation of the HCBS improvement plan 
     among the State Medicaid agency and State health and human 
     services agencies serving individuals with disabilities and 
     the elderly.
       (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 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 30712). 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, if the State fails to 
     comply with the requirements of this section.
       (e) Definitions.--In the part:
       (1) Direct care worker.--The term ``direct care worker'' 
     means, with respect to a State, any of the following 
     individuals who are paid to provide 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, 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.
       (2) HCBS program improvement state.--The term ``HCBS 
     program improvement State'' means a State that is awarded a 
     planning grant under subsection (b) and has an HCBS 
     improvement plan approved by the Secretary under subsection 
     (d)(3).
       (3) 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).
       (4) 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) Such other services specified by the Secretary.
       (5) 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 described in section 1905(d) of such Act (42 
     U.S.C. 1396d(d)));
       (E) an institution 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; and
       (F) an institution described in section 1905(i) of such Act 
     (42 U.S.C. 1396d(i)).
       (6) 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 of such plan. Such term includes an individual 
     who is on a waiting list and who would become eligible for 
     medical assistance and enrolled under a State Medicaid plan, 
     or waiver of such plan, upon receipt of home and community-
     based services.
       (7) 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 
     through 1396w-6) (including any waiver or demonstration under 
     such title or under section 1115 of such Act (42 U.S.C. 1315) 
     relating to such title).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (9) 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 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), section 6008(a) of the Families First 
     Coronavirus Response Act), or section 1915(k)(2) shall be 
     increased by 6 percentage points; and
       ``(ii) with respect to the State meeting the requirements 
     described in paragraphs (2) and (4) and 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, home and 
     community-based services ombudsman office activities (as 
     reimbursable under section 1903(a)(7)), developing processes 
     to identify direct care workers and assign such workers 
     unique identifiers (as so reimbursable), and adopting, 
     carrying out, or enhancing programs that register direct care 
     workers or connect beneficiaries to direct care workers, the 
     per centum specified in sections 1903(a)(7) and 1903(a)(3) 
     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

[[Page H6425]]

     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 6 fiscal 
     quarters throughout which the State has implemented and has 
     in effect a program 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.--Subject to the last sentence of 
     paragraph (1)(A), 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 paragraph (1)(A) and paragraph (1)(B) (if applicable) 
     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 30711 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, as specified by the Secretary, 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 of such plan) relative to the home and community-based 
     services available under the plan or a waiver of such plan as 
     of the date on which the State was awarded a planning grant 
     under section 30711 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, assumed payment rates for such services that are 
     included in managed care capitation rates as such rates are 
     being prospectively built; or
       ``(III) except to the extent permitted under clause (ii), 
     adopt more restrictive standards, methodologies, or 
     procedures for determining eligibility for or the scope of 
     medical assistance of home and community-based services, 
     including with respect to cost-sharing, than the standards, 
     methodologies, or procedures applicable as of the date 
     described in subclause (I).

       ``(ii) Conditions for flexibility.--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) receiving home and community-based 
     services, the calculation of which may be adjusted for 
     demographic changes since the date described in clause 
     (i)(I); or
       ``(III) increased cost-sharing (other than resulting from 
     the rate of inflation) for home and community-based services.

       ``(C) Access to services.--Not later than an implementation 
     date as specified by the Secretary (which may vary for each 
     of the following clauses) 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 and enrolled in 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 
     furnished in home and community-based settings.
       ``(v) Improves coordination of home and community-based 
     services with employment, housing, and transportation 
     supports.
       ``(vi) Provides supports to family caregivers.
       ``(vii) Newly provides coverage under, or expands existing 
     eligibility criteria for, 1 or more of the eligibility 
     categories authorized under subclause (XIII), (XV), or (XVI) 
     of section 1902(a)(10)(A)(ii).
       ``(D) 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 payment rates for 
     home and community-based services are sufficient (as defined 
     by the Secretary) 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 direct 
     care workers and family caregivers, at such times as the 
     Secretary shall prescribe.

       ``(ii) Payment rates.--In carrying out clause (i)(I), the 
     State shall--

       ``(I) update and, as appropriate, increase payment rates 
     for home and community-based services to support recruitment 
     and retention of the direct care workforce by not later than 
     2 years after approval of the HCBS improvement plan and, at 
     least every 3 years thereafter, using, through existing or 
     other processes to determine provider payment, a transparent 
     process involving meaningful input from nongovernmental 
     stakeholders; and
       ``(II) ensure that increases in the payment rates for home 
     and community-based services--

       ``(aa) at a minimum, result 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 (I); and
       ``(bb) are incorporated into provider payment rates for 
     home and community-based services provided under this title 
     by a health plan, 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 entities, including an agency with choice or a 
     similar service delivery model, a program for the performance 
     of all of the following functions to facilitate beneficiary 
     use of self-directed care in the case the State covers home 
     and community-based services under authorities that permit 
     self-direction:
       ``(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.
       ``(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 services, 
     providing support to beneficiaries who wish to hire a 
     caregiver who is a family member or individual with whom they 
     have an existing relationship.
       ``(G) Ensuring that the program under this paragraph does 
     not promote or deter the ability of workers to form a labor 
     organization or discriminate against workers who may join or 
     decline to join such an 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 (or a long-term care 
     ombudsman program office) that--
       ``(i) operates independently from the State Medicaid agency 
     and health plans;
       ``(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 last day of the 5th fiscal quarter 
     for which the state is an HCBS program improvement State, and 
     annually thereafter, the State reports to the Secretary, in a 
     manner the Secretary shall prescribe, on the progress of 
     implementation of the activities described in subparagraphs 
     (C) and (D) of paragraph (2), paragraph (3) (if applicable), 
     the use of enhanced Federal funding provided under this 
     subsection, and progress with respect to home and community-
     based services availability, utilization, disparities in 
     access and use of services, spending on HCBS, and the status 
     of 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

[[Page H6426]]

     an applicable Federal matching percentage under paragraph 
     (1)(A)(ii) 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 the requirements of this subsection 
     and unless, at the end of the 29th fiscal quarter, the State 
     demonstrates the following in the annual report required in 
     paragraph (4) for such quarter:
       ``(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) 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', `health plan'; and `home and community-
     based services' have the meaning given those terms in section 
     30711(e) of the Act titled `An Act to provide for 
     reconciliation pursuant to title II of S. Con. Res. 14'.''.

     SEC. 30713. FUNDING FOR FEDERAL ACTIVITIES RELATED TO 
                   MEDICAID HCBS.

       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, 
     $40,000,000, to remain available until expended, to carry out 
     section 30712 (including the amendments made by such 
     section), including by issuing necessary guidance and 
     technical assistance to States, conducting program integrity 
     and oversight efforts, and preparing and submitting to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Finance of the Senate, 
     beginning 5 years after the date of the enactment of this Act 
     and every three years thereafter, a report describing the 
     progress of the HCBS planning and improvement activities 
     undertaken by States as applicable and as described in 
     sections 30711 and 30712 (including the amendments made by 
     such sections), and describing the impact of such activities 
     on access to care, including with respect to disparities in 
     access and utilization, and the direct care workforce.

     SEC. 30714. FUNDING FOR HCBS QUALITY MEASUREMENT AND 
                   IMPROVEMENT.

       (a) Increased Federal Matching Rate for Adoption and 
     Reporting of HCBS Quality Measures.--
       (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 
     subsections (f) and (g) of this subsection.''.
       (b) HCBS Quality Measures for Increase.--Title XI of the 
     Social Security Act (42 U.S.C. 1301 through 1320e-3) 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 
     or title XXI, beginning with the annual State report required 
     under subsection (c)(1) 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 all 
     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 (or, in the case of measures 
     that require development and testing prior to availability, 
     not later than 4 years after the date of enactment of this 
     subparagraph), the requirements of subparagraph (A) shall 
     apply, and 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. The Secretary shall ensure that such measures 
     reflect the full array of home and community-based services, 
     and consult with nongovernmental stakeholders with expertise 
     in home and community-based services (including recipients 
     and providers of such services).'';
       (C) in subsection (b)(6)--
       (i) by inserting ``or support services'' before ``that is 
     capable of'';
       (ii) by striking ``and ambulatory health care settings'' 
     and inserting ``, ambulatory health care, and home and 
     community-based settings''; and
       (iii) by inserting ``and home and community-based'' before 
     ``care system''; and
       (D) in subsection (c)(1), in the matter preceding 
     subparagraph (A), by inserting ``, subject to subsection 
     (a)(4)(B)(ii),'' before ``annually report''; 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 
     all of the home and community-based services quality measures 
     included in the core set of adult health quality measures 
     under paragraph (5)(D), and any updates or changes to such 
     measures.''; and
       (ii) in paragraph (5), by adding at the end the following 
     new subparagraph:
       ``(D) HCBS quality measures.--
       ``(i) Funding.--In addition to amounts otherwise available, 
     there is appropriated to the Secretary, for fiscal year 2022, 
     to be available until expended, out of any money in the 
     Treasury not otherwise appropriated, $22,000,000, for 
     carrying out this subparagraph.
       ``(ii) Inclusion of hcbs quality measures.--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 (or, 
     in the case of measures that require development and testing 
     prior to availability, not later than 4 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.
       ``(iii) Requirements.--

       ``(I) In general.--In developing, 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 consult 
     with nongovernmental stakeholders with expertise in home and 
     community-based services (including recipients and providers 
     of such services) and ensure such measures reflect the full 
     array of home and community-based services and recipients of 
     such services.
       ``(II) Definition.--For purposes of this section and 
     section 1139A, the term `home and community-based services' 
     has the meaning given such term in section 30711(e) of the 
     Act titled `An Act to provide for reconciliation pursuant to 
     title II of S. Con. Res. 14'.''; 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), all 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; and''.

     SEC. 30715. PERMANENT EXTENSION OF MEDICAID PROTECTIONS 
                   AGAINST SPOUSAL IMPOVERISHMENT FOR RECIPIENTS 
                   OF HOME AND COMMUNITY-BASED SERVICES.

       (a) In General.--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)''.
       (b) Conforming Amendment.--Section 2404 of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 1396r-5 note) 
     is amended by striking ``September 30, 2023'' and inserting 
     ``the date of the enactment of the Act titled `An Act to 
     provide for reconciliation pursuant to title II of S. Con. 
     Res. 14'''.

[[Page H6427]]

  


     SEC. 30716. 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 
     2022.'';
       (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.--In addition to amounts 
     otherwise available, there is appropriated to the Secretary 
     for fiscal year 2022 and for each subsequent 3-year period, 
     out of any money in the Treasury not otherwise appropriated, 
     $5,000,000, to remain available until expended, for carrying 
     out subsections (f), (g), 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. 30717. 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) a process to validate such 
     measures and data'' 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) a process to validate such measures, data, and 
     information''; 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) Additional funding.--There is appropriated to the 
     Secretary, out of any monies in the Treasury not otherwise 
     appropriated, $50,000,000 for fiscal year 2022, to remain 
     available through fiscal year 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 beginning with fiscal 
     year 2018, in the case of a skilled nursing facility that 
     does not submit'' and inserting the following:

       ``(I) Failure to report.--For fiscal years beginning with 
     fiscal year 2018, in the case of a skilled nursing facility 
     that does not submit quality measure data specified by the 
     Secretary and''; 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 2026 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. 30718. 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 2022, to remain 
     available through fiscal year 2031, for purposes of 
     conducting an annual audit (beginning with 2023 and ending 
     with 2031) of cost reports submitted under this title for a 
     representative sample of skilled nursing facilities.''.

     SEC. 30719. 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 fiscal year 2022, to remain available 
     through fiscal year 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 accuracy of the identification and 
     appropriateness of the scope and severity of deficiencies 
     cited at facilities.
       ``(D) The accuracy of the identification and 
     appropriateness of the scoping and severity of life safety, 
     infection control, and emergency preparedness deficiencies 
     cited at facilities.
       ``(E) The timeliness of State agency investigations of--
       ``(i) complaints at facilities;
       ``(ii) facility-reported incidents at facilities; and
       ``(iii) 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 and Federal 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. 30720. 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 fiscal year 2022, to remain available through 
     fiscal year 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 1 year 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 1 year 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.''.

[[Page H6428]]

  


              PART 2--EXPANDING ACCESS TO MATERNAL HEALTH

     SEC. 30721. EXTENDING CONTINUOUS COVERAGE FOR PREGNANT AND 
                   POSTPARTUM INDIVIDUALS.

       (a) Medicaid.--
       (1) Requiring full benefits for pregnant and postpartum 
     individuals for 12-month period post pregnancy.--
       (A) In general.--Paragraph (5) of section 1902(e) of the 
     Social Security Act (42 U.S.C. 1396a(e)) is amended--
       (i) by striking ``(5) A woman who'' and inserting ``(5)(A) 
     For any fiscal year quarter (beginning with the first fiscal 
     year quarter beginning 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') with 
     respect to which subparagraph (B) does not apply, an 
     individual who''; and
       (ii) 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 the Act titled `An Act to provide for 
     reconciliation pursuant to title II of S. Con. Res. 14'), 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).''.
       (B) Conforming amendments.--Title XIX of the Social 
     Security Act (42 U.S.C. 1396 through 1396w-6) is amended--
       (i) 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)'';
       (ii) in section 1902(e)(6), by striking ``In the case of'' 
     and inserting ``For any fiscal year quarter with respect to 
     which paragraph (5)(B) does not apply, in the case of'';
       (iii) in section 1902(l)(1)(A), by striking ``60-day 
     period'' and inserting ``12-month period (or, for any fiscal 
     year quarter with respect to which subsection (e)(5)(B) does 
     not apply and for which the State has not adopted the option 
     under section 1902(e)(16)(A), 60-day period)'';
       (iv) in section 1903(v)(4)--

       (I) in subparagraph (A)(i), by striking ``the 60-day 
     period'' and inserting ``the applicable period (as described 
     in subparagraph (D))'';
       (II) in subparagraph (A)(ii), by striking the period and 
     inserting ``, and, in the case of such an individual who is 
     or becomes pregnant, such individual (regardless of age) 
     during pregnancy and during the applicable period (as 
     described in subparagraph (D)).'';
       (III) by adding at the end the following new subparagraph:

       ``(D) For purposes of subparagraph (A), the applicable 
     period described in this subparagraph is--
       ``(i) beginning with the first fiscal year quarter that 
     begins one year after the date of the enactment of the 
     American Rescue Plan Act of 2021, for a State that has 
     adopted the option under section 1902(e)(16)(A), the 12-month 
     period;''; and

       (IV) in the subparagraph (D) added by subclause (III), by 
     adding at the end the following new clauses:

       ``(ii) beginning with the first fiscal year quarter 
     beginning 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', the 12-month period; and
       ``(iii) for any fiscal year quarter (beginning with such 
     first fiscal year quarter) with respect to which section 
     1902(e)(5)(B) does not apply and for which the State has not 
     adopted the option under section 1902(e)(16)(A), the 60-day 
     period.'';
       (v) 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 section 1902(e)(5)(B) does not apply 
     and for which the State has not adopted the option under 
     section 1902(e)(16)(A), 60-day period)''; and
       (vi) in section 1905(y), by adding at the end the following 
     new paragraph:
       ``(3) Treatment for certain indviduals.--Notwithstanding 
     paragraphs (1) and (2), section 1902(a)(10)(A)(i)(III), and 
     section 1902(a)(10)(A)(i)(IV), the term `newly eligible' in 
     paragraph (2)(A) and the phrase `newly eligible individuals 
     described in subclause (VIII) of section 1902(a)(10)(A)(i)' 
     in paragraph (1) shall apply to individuals who but for the 
     amendments made by section 30721(a) of the Act titled `An Act 
     to provide for reconciliation pursuant to title II of S. Con. 
     Res. 14' would be eligible under the State plan (or waiver) 
     for medical assistance under section 1902(a)(10)(A)(i)(VIII) 
     for the period beginning on the first day occurring after the 
     end of such 60-day period and ending on the last day of the 
     month in which the 12-month period (beginning on the last day 
     of the pregnancy) ends.''.
       (2) Transition from state option.--
       (A) In general.--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 paragraph 
     (5)(B) does not apply, at the option of the State''.
       (B) Conforming amendment.--Section 9812(b) of the American 
     Rescue Plan Act of 2021 (Public Law 117-2) is amended by 
     striking ``during the 5-year period''.
       (3) Effective date.--
       (A) In general.--Subject to subparagraphs (B) and (C), the 
     amendments made by this paragraph 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.
       (B) Exception for certain american rescue plan act of 2021 
     conforming amendments.--The amendments made by subclauses 
     (I), (II), and (III) of paragraph (1)(B)(iv) shall take 
     effect on the first day of the first fiscal year quarter that 
     begins one year after the date of the enactment of the 
     American Rescue Plan Act of 2021 and shall apply with respect 
     to medical assistance provided on or after such date.
       (C) Exception for state legislation.--In the case of a 
     State plan under title XIX of the Social Security Act (42 
     U.S.C. 1396 through 1396w-6) 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 subsection, 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.
       (b) CHIP.--
       (1) Requiring full benefits for pregnant and postpartum 
     women for 12-month period post pregnancy.--
       (A) In general.--Section 2107(e)(1)(J) of the Social 
     Security Act (42 U.S.C. 1397gg(e)(1)(J)) is amended--
       (i) by striking ``Paragraphs (5) and (16)'' and inserting 
     ``(i) For any fiscal year quarter with respect to which 
     paragraph (5)(B) of section 1902(e) does not apply, 
     paragraphs (5)(A) and (16) of such section''; and
       (ii) 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 the Act titled `An Act to provide for 
     reconciliation pursuant to title II of S. Con. Res. 14'), 
     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 to 
     targeted low-income children or pregnancy-related assistance 
     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).''.
       (B) Conforming amendments.--Section 2112 of the Social 
     Security Act (42 U.S.C. 1397ll) is amended--
       (i) 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'' 
     before the period at the end; and
       (II) in paragraph (2)(A), 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 
     section 2107(e)(1)(J)(ii) does not apply and for which the 
     State has not adopted the option under section 
     1902(e)(16)(A), 60-day period) ends''; and

       (ii) in subsection (f)(2), by striking ``60-day period'' 
     and inserting ``12-month period (or, for any fiscal year 
     quarter (beginning with the first fiscal year quarter 
     beginning 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') with respect to which section 
     2107(e)(1)(J)(ii) does not apply and for which the State has 
     not adopted the option under section 1902(e)(16)(A), 60-day 
     period)''.
       (2) Transition from state plan option.--Section 9822(b) of 
     the American Rescue Plan Act of 2021 (Public Law 117-2) is 
     amended by striking ``, during the 5-year period''.
       (3) Effective date.--
       (A) In general.--Subject to subparagraph (B), the 
     amendments made by this subsection 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.
       (B) 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 through 1397mm) 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 subsection, 
     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.

[[Page H6429]]

  


     SEC. 30722. STATE OPTION TO PROVIDE COORDINATED CARE THROUGH 
                   A MATERNAL HEALTH HOME FOR PREGNANT AND 
                   POSTPARTUM INDIVIDUALS.

       Title XIX of the Social Security Act (42 U.S.C. 1396a) is 
     amended by inserting after section 1945A the following new 
     section:

     ``SEC. 1945B. STATE OPTION TO PROVIDE COORDINATED CARE 
                   THROUGH A MATERNAL HEALTH HOME FOR PREGNANT AND 
                   POSTPARTUM INDIVIDUALS.

       ``(a) In General.--Notwithstanding section 1902(a)(1) 
     (relating to statewideness) and section 1902(a)(10)(B) 
     (relating to comparability), beginning 24 months after the 
     date of enactment of this section, a State, at its option as 
     a State plan amendment, may provide for medical assistance 
     under this title to eligible individuals who choose to enroll 
     in a maternal health home under this section and receive 
     maternal health home services from a designated provider, a 
     team of health professionals operating with such a provider, 
     or a health team.
       ``(b) Maternal Health Home Qualification Standards.--A 
     maternal health home under this section shall demonstrate to 
     the State the ability to do the following:
       ``(1) Develop an individualized comprehensive care plan for 
     each eligible individual, working in a culturally and 
     linguistically appropriate manner with such individual to 
     develop and incorporate such care plan in a manner consistent 
     with such individual's needs and choices, including--
       ``(A) primary care;
       ``(B) inpatient care;
       ``(C) social support services;
       ``(D) local hospital emergency care;
       ``(E) care management and planning related to a change in 
     an eligible individual's eligibility for medical assistance 
     or a change in health insurance coverage as needed; and
       ``(F) behavioral health services.
       ``(2) Coordinate all necessary services to support 
     prenatal, labor and delivery, and postpartum care for 
     eligible individuals.
       ``(3) Coordinate access to specialists, behavioral health 
     providers, early intervention services, and pediatricians.
       ``(4) Collect and report information under subsection (d).
       ``(c) Payments.--
       ``(1) In general.--A State shall provide a designated 
     provider, a team of health professionals operating with such 
     a provider, or a health team with payments for the provision 
     of maternal health home services to each eligible individual 
     enrolled in a maternal health home. Payments for maternal 
     health home services made to a designated provider, a team of 
     health professionals operating with such a provider, or a 
     health team shall be treated as payments for medical 
     assistance for purposes of section 1903(a), except that, 
     during the first 8 fiscal quarters that the State plan 
     amendment is in effect, the Federal medical assistance 
     percentage otherwise applicable to such payments shall be 
     increased by 15 percentage points, not to exceed 90 percent.
       ``(2) Methodology.--
       ``(A) In general.--The State shall specify in the State 
     plan amendment the methodology the State will use for 
     determining payment for the provision of maternal health home 
     services. Such methodology for determining payment--
       ``(i) may be tiered or adjusted to reflect, with respect to 
     each individual provided such services by a designated 
     provider, a team of health care professionals operating with 
     such a provider, or a health team, the acuity of each 
     individual receiving care, or the specific capabilities of 
     the provider, team of health care providers, or health team; 
     and
       ``(ii) shall be established consistent with section 
     1902(a)(30)(A).
       ``(B) Alternate model of payment.--The methodology for 
     determining payment for provision of maternal health home 
     services under this section shall not be limited to a fee-
     for-service or per-member per-month payment model, and may 
     provide for alternate models of payment that reflect the 
     needs of a State, subject to the approval of the Secretary.
       ``(3) Planning grants.--
       ``(A) In general.--Beginning 12 months after the date of 
     enactment of this section, the Secretary may award planning 
     grants to States for purposes of developing a State plan 
     amendment under this section. A planning grant awarded to a 
     State under this paragraph shall remain available until 
     expended.
       ``(B) State contribution.--A State awarded a planning grant 
     shall contribute an amount equal to the State percentage 
     determined under section 1905(b) for each fiscal year for 
     which the grant is awarded.
       ``(C) Appropriations.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated, to 
     remain available until expended, to carry out this paragraph, 
     $5,000,000 for awarding grants under this section.
       ``(d) Data Collection and Reporting.--
       ``(1) Provider reporting requirements.--
       ``(A) In general.--In order to receive payments from a 
     State under subsection (c), a designated provider, a team of 
     health professionals operating with such a provider, or a 
     health team shall report to the State, in accordance with 
     such requirements as the Secretary shall specify, the 
     following:
       ``(i) With respect to each such designated provider, team 
     of health professionals, or health team, the name, national 
     provider identification number, address, and specific 
     maternal health home services offered to be provided to 
     eligible individuals who have selected such designated 
     provider, team of health professionals, or health team as the 
     maternal health home of such eligible individuals.
       ``(ii) Information on all applicable measures for 
     determining the quality of maternal health home services 
     provided by such designated provider, team of health 
     professionals, or health team, including, to the extent 
     applicable, the core set of child health quality measures 
     published under section 1139A, the core set of adult health 
     quality measures for Medicaid eligible adults published under 
     section 1139B, and maternal health quality measures.
       ``(B) Use of health information technology.--A designated 
     provider, a team of health professionals operating with such 
     a provider, or a health team shall use, to the extent 
     practicable, health information technology to provide a State 
     with the information required under subparagraph (A) and to 
     improve care coordination for eligible individuals, such as 
     by--
       ``(i) facilitating the review of person-centered care 
     plans;
       ``(ii) monitoring service delivery and identifying gaps in 
     treatment; and
       ``(iii) communicating with eligible individuals and with 
     primary, behavioral health and specialty care providers.
       ``(2) State reporting requirements.--A State with a State 
     plan amendment approved under this section shall collect and 
     report to the Secretary, at such time and in such form and 
     manner as required by the Secretary, the following 
     information:
       ``(A) The number of maternal health homes in a State in 
     which individuals are enrolled pursuant to a State plan 
     amendment under this section.
       ``(B) The number of individuals served who selected a 
     maternal health home, disaggregated by race and ethnicity, 
     pursuant to a State plan amendment under this section.
       ``(C) Information on the quality measures applicable for 
     maternal health home services, including, to the extent 
     applicable, the core set of child health quality measures 
     published under section 1139A, and the core set of adult 
     health quality measures for Medicaid eligible adults 
     published under section 1139B, and maternal health quality 
     measures.
       ``(D) The type of delivery systems and payment models used 
     to provide health home services to eligible individuals 
     enrolled in a maternal health home under a State plan 
     amendment under this section.
       ``(E) The number and characteristics of designated 
     providers, teams of health professionals, and health teams 
     selected as maternal health homes pursuant to a State plan 
     amendment under this section.
       ``(F) Information on hospitalizations, morbidity, and 
     mortality of eligible individuals and their infants enrolled 
     in a maternal health home in such State alongside comparable 
     data from a State's maternal mortality review committee.
       ``(G) A report on best practices for effective strategies 
     in coordinating care to support access to comprehensive 
     maternal health services.
       ``(H) Information reported to the State under paragraph 
     (1).
       ``(e) State Plan Amendment.--
       ``(1) In general.--A State plan amendment submitted 
     pursuant to this section shall include--
       ``(A) eligibility criteria for maternal health homes;
       ``(B) services available to eligible individuals through 
     the maternal health home;
       ``(C) a description of providers that may provide care 
     through a maternal health home, and that include how such 
     State will ensure any provider arrangement offered includes a 
     person-centered planning approach to determining necessary 
     services and supports and providing the appropriate care 
     coordination to meet clinical and non-clinical needs of 
     eligible individuals; and
       ``(D) reimbursement methodologies (as described in 
     subsection (c)(2)).
       ``(2) Hospital notification.--A State with a State plan 
     amendment approved under this section shall require each 
     hospital that is a participating provider under the State 
     plan (or a waiver of such plan) to establish procedures for, 
     in the case of an individual who is enrolled in a maternal 
     health home pursuant to this section and seeks treatment in 
     the emergency department of such hospital, notifying the 
     health home of such individual of such treatment.
       ``(3) Education with respect to availability of maternal 
     health home services.--In order for a State plan amendment to 
     be approved under this section, a State shall include in the 
     State plan amendment--
       ``(A) a description of the State's process for educating 
     providers participating in the State plan (or a waiver of 
     such plan) on the availability of maternal health home 
     services, including the process by which such providers can 
     refer individuals to a designated provider, team of health 
     care professionals operating such a provider, or health team 
     for the purpose of establishing a maternal health home 
     through which such individuals may receive such services; and
       ``(B) a description of the State's process for educating 
     individuals on the availability of such services.
       ``(4) Confidentiality.--A State with a State plan amendment 
     approved under this section shall establish confidentiality 
     protections to ensure, at a minimum, that the State does not 
     disclose any identifying information with respect to any 
     specific mortality case (including pursuant to the reporting 
     of information required under subsection (d)(2)(F)).
       ``(f) Rule of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to require an eligible individual to enroll in, or 
     prohibit an eligible individual from disenrolling at any time 
     from, a maternal health home under this section; or
       ``(2) to require a designated provider, team of health 
     professionals, or health team to act as a maternal health 
     home and provide services in accordance with this section if 
     the designated

[[Page H6430]]

     provider, team of health professionals, or health team does 
     not voluntarily agree to act as a maternal health home.
       ``(g) Definitions.--In this section:
       ``(1) Designated provider.--The term `designated provider' 
     means a physician, clinical practice or clinical group 
     practice, rural health clinic, freestanding birth center, 
     community health center, obstetrician gynecologist, midwife 
     who meets at a minimum the international definition of the 
     midwife and global standards for midwifery education as 
     established by the International Confederation of Midwives, 
     or any other health care entity or provider determined by the 
     State and approved by the Secretary to be qualified to act as 
     a maternal health home.
       ``(2) Eligible individual.--The term `eligible individual' 
     means an individual eligible for medical assistance under the 
     State plan or under a waiver of such plan who--
       ``(A) is pregnant or in the postpartum period that begins 
     on the last day of the pregnancy and ends on the last day of 
     the month in which the 12-month period (beginning on the last 
     day of the pregnancy of the individual) ends (or, if the 
     State provides for a longer period of postpartum coverage 
     period under such plan or waiver, on the last day of such 
     longer period); and
       ``(B) is not enrolled in a health home under section 1945 
     or 1945A.
       ``(3) Health team.--The term `health team' has the meaning 
     given such term for purposes of section 3502 of Public Law 
     111-148.
       ``(4) Maternal health home.--The term `maternal health 
     home' means a designated provider (including a provider that 
     operates in coordination with a team of health care 
     professionals), or a health team selected by a State to 
     provide maternal health home services to pregnant and 
     postpartum individuals.
       ``(5) Maternal health home services.--
       ``(A) In general.--The term `maternal health home services' 
     means comprehensive and timely high-quality services 
     described in subparagraph (B) that are provided by a 
     designated provider, a team of health professionals operating 
     with such a provider, or a health team.
       ``(B) Services described.--The services described in this 
     subparagraph shall include--
       ``(i) a standardized risk assessment for all participants 
     to determine needs;
       ``(ii) comprehensive care management;
       ``(iii) care coordination and health promotion;
       ``(iv) comprehensive transitional care, including arranging 
     appropriate follow-up, for individuals transitioning from 
     inpatient care to other settings;
       ``(v) individual and family support (including authorized 
     representatives);
       ``(vi) making referrals to other medical, community, and 
     social support services, if relevant; and
       ``(vii) the use of health information technology to link 
     services and coordinate care, to the extent practicable.
       ``(6) Standardized risk assessment.--The term `standardized 
     risk assessment' means an assessment to determine the needs 
     of an eligible individual, and shall include an assessment of 
     medical, obstetric, behavioral health, and social needs 
     performed at the initial prenatal or postpartum visit.
       ``(7) Team of health professionals.--The term `team of 
     health professionals' means a team of health professionals 
     (as described in the State plan amendment under this section) 
     that may--
       ``(A) include physicians, midwives who meet at a minimum 
     the international definition of the midwife and global 
     standards for midwifery education as established by the 
     International Confederation of Midwives, nurses, nurse care 
     coordinators, nutritionists, social workers, doulas, 
     behavioral health professionals, community health workers, 
     translators and interpreters, and other professionals 
     determined to be appropriate by the State;
       ``(B) a health care entity or individual who is designated 
     to coordinate such a team; and
       ``(C) provide care at a facility that is freestanding, 
     virtual, or based at a hospital, freestanding birth center, 
     community health center, community mental health center, 
     rural clinic, clinical practice or clinical group practice, 
     academic health center, children's hospital, or any health 
     care entity determined to be appropriate by the State and 
     approved by the Secretary.''.

                          PART 3--TERRITORIES

     SEC. 30731. INCREASING MEDICAID CAP AMOUNTS AND THE FEDERAL 
                   MEDICAL ASSISTANCE PERCENTAGE FOR THE 
                   TERRITORIES.

       (a) Cap Amount Adjustments.--Section 1108(g)(2) of the 
     Social Security Act (42 U.S.C. 1308(g)(2)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i)--
       (i) by striking ``except as provided in clause (ii)'' and 
     inserting ``for each of fiscal years 1999 through 2019''; and
       (ii) by striking ``and'' at the end; and
       (B) by adding at the end the following new clauses:
       ``(iii) for fiscal year 2022, $3,600,000,000; and
       ``(iv) for fiscal year 2023 and each subsequent year, the 
     sum of the amount provided in this subsection for the 
     preceding fiscal year, increased by the percentage increase, 
     if any, in Medicaid spending under title XIX during the 
     preceding year (as determined based on the most recent 
     National Health Expenditure data with respect to such year), 
     rounded to the nearest $100,000;'';
       (2) in subparagraph (B)--
       (A) in clause (i), by striking ``except as provided in 
     clause (ii),'' and inserting ``for each of fiscal years 1999 
     through 2019,'';
       (B) in clause (ii), by striking ``and'' at the end;
       (C) by adding at the end the following:
       ``(iv) for fiscal year 2022, $135,000,000; and
       ``(v) for fiscal year 2023 and each subsequent year, the 
     sum of the amount provided in this subsection for the 
     preceding fiscal year, increased by the percentage increase 
     described in subparagraph (A)(iv) for the preceding year, 
     rounded to the nearest $10,000;'';
       (3) in subparagraph (C)--
       (A) in clause (i), by striking ``except as provided in 
     clause (ii),'' and inserting ``for each of fiscal years 1999 
     through 2019,'';
       (B) in clause (ii), by striking ``and'' at the end;
       (C) by adding at the end the following:
       ``(iv) for fiscal year 2022, $140,000,000; and
       ``(v) for fiscal year 2023 and each subsequent year, the 
     sum of the amount provided in this subsection for the 
     preceding fiscal year, increased by the percentage increase 
     described in subparagraph (A)(iv) for the preceding year, 
     rounded to the nearest $10,000;'';
       (4) in subparagraph (D)--
       (A) in clause (i), by striking ``except as provided in 
     clause (ii),'' and inserting ``for each of fiscal years 1999 
     through 2019,'';
       (B) in clause (ii), by striking ``and'' at the end;
       (C) in clause (iii), by striking ``and'' at the end; and
       (D) by adding at the end the following new clauses:
       ``(iv) for fiscal year 2022, $70,000,000; and
       ``(v) for fiscal year 2023 and each subsequent year, the 
     sum of the amount provided in this subsection for the 
     preceding fiscal year, increased by the percentage increase 
     described in subparagraph (A)(iv) for the preceding year, 
     rounded to the nearest $10,000; and'';
       (5) in subparagraph (E)--
       (A) in clause (i), by striking ``except as provided in 
     clause (ii),'' and inserting ``for each of fiscal years 1999 
     through 2019,'';
       (B) in clause (ii), by striking ``and'' at the end;
       (C) in clause (iii), by striking the period and inserting a 
     semicolon; and
       (D) by adding at the end the following:
       ``(iv) for fiscal year 2022, $90,000,000; and
       ``(v) for fiscal year 2023 and each subsequent year, the 
     sum of the amount provided in this subsection for the 
     preceding fiscal year, increased by the percentage increase 
     described in subparagraph (A)(iv) for the preceding year, 
     rounded to the nearest $10,000.''; and
       (6) by striking the flush matter following subparagraph 
     (E).
       (b) FMAP Adjustments.--Section 1905(ff) of the Social 
     Security Act (42 U.S.C. 1396d(ff)) is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and adjusting 
     the margins accordingly;
       (2) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(1) In general.--Notwithstanding'';
       (3) in paragraph (1), as so inserted--
       (A) in the matter preceding subparagraph (A), as so 
     redesignated, by inserting ``paragraph (2) and'' after 
     ``subject to'';
       (B) in subparagraph (B), as so redesignated--
       (i) by striking ``December 3, 2021,'' and inserting 
     ``September 30, 2021''; and
       (ii) by striking ``and'' at the end;
       (C) in subparagraph (C), as so redesignated, by striking 
     ``December 3, 2021,'' and inserting ``September 30, 2021'';
       (D) by adding at the end the following:
       ``(D) for fiscal year 2022 and each subsequent fiscal year, 
     the Federal medical assistance percentage for the Virgin 
     Islands, Guam, the Northern Mariana Islands, and American 
     Samoa shall be equal to 83 percent;
       ``(E) for fiscal year 2022, the Federal medical assistance 
     percentage for Puerto Rico shall be equal to 76 percent; and
       ``(F) for fiscal year 2023 and each subsequent fiscal year, 
     the Federal medical assistance percentage for Puerto Rico 
     shall be equal to 83 percent.''; and
       (4) by adding at the end the following new paragraph:
       ``(2) Special rule for puerto rico relating to establishing 
     a payment floor.--
       ``(A) In general.--For each fiscal quarter (beginning with 
     the first fiscal quarter beginning on or after the date of 
     the enactment of this paragraph), Puerto Rico's State plan 
     (or waiver of such plan) shall establish a reimbursement 
     floor, implemented through a directed payment arrangement 
     plan, for physician services that are covered under the 
     Medicare part B fee schedule in the Puerto Rico locality 
     established under section 1848(b) that is not less than 70 
     percent of the payment that would apply to such services if 
     they were furnished under part B of title XVIII during such 
     fiscal quarter.
       ``(B) Application to managed care.--In determining whether 
     Puerto Rico has established a reimbursement floor under a 
     directed payment arrangement plan that satisfies the 
     requirements of subparagraph (A) for a fiscal quarter 
     occurring during fiscal year 2022 or a subsequent fiscal 
     year--
       ``(i) the Secretary shall disregard payments made under 
     sub-capitated arrangements for services such as primary care 
     case management; and
       ``(ii) if the reimbursement floor for physician services 
     applicable under a managed care contract satisfies the 
     requirements of subparagraph (A) for a fiscal quarter 
     occurring during a year in which the contract is entered into 
     or renewed, such reimbursement floor shall be deemed to 
     satisfy such requirements for each subsequent fiscal quarter 
     occurring during such year and for each fiscal quarter 
     occurring during the subsequent fiscal year.
       ``(C) FMAP reduction for failure to establish payment 
     floor.--
       ``(i) In general.--In the case that the Secretary 
     determines that Puerto Rico has failed to meet the 
     requirement of subparagraph (A) with

[[Page H6431]]

     respect to a fiscal quarter, the Federal medical assistance 
     percentage otherwise determined under this subsection for 
     Puerto Rico shall be reduced for such quarter by the 
     applicable number of percentage points described in clause 
     (ii).
       ``(ii) Applicable number of percentage points.--For 
     purposes of clause (i), the applicable number of percentage 
     points described in this clause is, with respect to a fiscal 
     quarter, the following:

       ``(I) In the case no reduction was made under this 
     subparagraph for the preceding fiscal quarter, 0.5 percentage 
     points.
       ``(II) In the case a reduction was made under this 
     subparagraph for the preceding fiscal quarter, the number of 
     percentage points of such reduction for such preceding fiscal 
     quarter, plus 0.25 percentage points, except that in no case 
     may the application of this subclause result in a reduction 
     of more than 5 percentage points.''.

                         PART 4--OTHER MEDICAID

     SEC. 30741. INVESTMENTS TO ENSURE CONTINUED ACCESS TO HEALTH 
                   CARE FOR CHILDREN AND OTHER INDIVIDUALS.

       (a) Providing for 1 Year of Continuous Eligibility for 
     Children.--
       (1) Under the medicaid program.--
       (A) In general.--Section 1902(e) of the Social Security Act 
     (42 U.S.C. 1396a(e)) is amended--
       (i) in paragraph (12), by inserting ``before the date that 
     is one year after the date of the enactment of paragraph 
     (17)'' after ``subsection (a)(10)(A)''; and
       (ii) 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 (or 
     waiver of such 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.--
       (i) In general.--Subject to clause (ii), the amendments 
     made by subparagraph (A)(ii) shall take effect one year after 
     the date of enactment of this Act.
       (ii) Exception for state legislation.--In the case of a 
     State plan under title XIX of the Social Security Act (42 
     U.S.C. 1396 through 1396w-6) 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 subparagraph (A)(ii), 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.
       (2) 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--
       (A) by redesignating subparagraphs (K) through (T) as 
     subparagraphs (L) through (U), respectively; and
       (B) by inserting after subparagraph (J) the following new 
     subparagraph:
       ``(K) Section 1902(e)(17) (relating to 1 year of continuous 
     eligibility for children).''.
       (b) Revisions to Temporary Increase of Medicaid FMAP Under 
     the Families First Coronavirus Response Act.--Section 6008 of 
     the Families First Coronavirus Response Act (42 U.S.C. 1396d 
     note) is amended--
       (1) in subsection (a)--
       (A) by striking ``In General.--Subject to'' and inserting 
     ``Temporary Increase.--
       ``(1) In general.--Subject to'';
       (B) in the paragraph (1) inserted by subparagraph (A)--
       (i) by striking ``the last day of the calendar quarter in 
     which the last day of such emergency period occurs'' and 
     inserting ``September 30, 2022''; and
       (ii) by striking ``6.2 percentage points'' and inserting 
     ``the number of percentage points specified in paragraph (2) 
     with respect to such calendar quarter''; and
       (C) by adding at the end the following new paragraph:
       ``(2) Percentage points specified.--For purposes of 
     paragraph (1), the number of percentage points specified in 
     this paragraph is--
       ``(A) 6.2 percentage points with respect to each calendar 
     quarter occurring during the period beginning on the first 
     day of the emergency period defined in paragraph (1)(B) of 
     section 1135(g) of the Social Security Act (42 U.S.C. 1320b-
     5(g)) and ending March 31, 2022;
       ``(B) 3.0 percentage points with respect to the calendar 
     quarter beginning on April 1, 2022, and ending on June 30, 
     2022; and
       ``(C) 1.5 percentage points with respect to the calendar 
     quarter beginning on July 1, 2022, and ending on September 
     30, 2022.'';
       (2) in subsection (b)(3)--
       (A) by striking ``the State fails'' and inserting ``subject 
     to subsection (f), the State fails'';
       (B) by striking ``and ending the last day of the month in 
     which the emergency period described in subsection (a) ends'' 
     and inserting ``and ending on March 31, 2022,''; and
       (C) by striking ``through the end of the month in which 
     such emergency period ends'' and inserting ``through 
     September 30, 2022,''; and
       (3) by adding at the end the following new subsection:
       ``(f) Special Rule for Enrollments as of April 1, 2022.--
     For calendar quarters during the period described in 
     subsection (a) that begin on or after April 1, 2022, a State 
     described in such subsection may, in accordance with 
     paragraph (3), terminate coverage for an individual who is 
     determined to be no longer eligible for medical assistance 
     and who has been enrolled for at least 12 consecutive months 
     under the State plan of such State under title XIX of the 
     Social Security Act (42 U.S.C. 1396) (or waiver of such 
     plan), and such State shall not be ineligible for the 
     increase to the Federal medical assistance percentage of the 
     State described in such subsection on the basis that the 
     State is in violation of the requirement of subsection 
     (b)(3), if the State, with respect to such terminations of 
     coverage conducted through September 30, 2022, for such 
     individuals, is in compliance with each of the following:
       ``(1) The State shall conduct such eligibility 
     redeterminations, with respect to such an individual, in 
     accordance with the provisions of section 435.916 of title 42 
     of the Code of Federal Regulations (or any successor 
     regulation) and the provisions of section 1943 of the Social 
     Security Act, as applicable.
       ``(2) Prior to terminating coverage for an individual, the 
     State shall undertake a good faith effort to ensure that the 
     State has contact information (including an up-to-date 
     mailing address, phone number, or email address) for such 
     individuals by coordinating with Medicaid managed care 
     organizations (where applicable), and other applicable State 
     health and human services agencies.
       ``(3) The State may not disenroll from the State plan (or 
     waiver) such an individual determined ineligible pursuant to 
     such a redetermination for medical assistance under the State 
     plan (or waiver) on the basis of returned mail unless--
       ``(A) there have been at least two failed attempts to 
     contact such individual through at least 2 modalities; and
       ``(B) after the second attempt, the individual had 30 days 
     notice, through at least 2 modalities, before such 
     disenrollment takes effect.
       ``(4) The State may not initiate eligibility 
     redeterminations for more than 1/12 of individuals enrolled 
     in the State plan (or waiver) with respect to any month 
     during the period beginning on April 1, 2022, and ending on 
     September 30, 2022.
       ``(5) The State shall submit to the Secretary monthly 
     reports during the period described in subsection (a) that 
     begin on or after April 1, 2022 which the State receives an 
     increase pursuant to such subsection period on the activities 
     of the State, including, with respect to the period for which 
     the report is submitted--
       ``(A) the number of eligibility renewals initiated, 
     beneficiaries renewed, and individuals whose eligibility was 
     terminated;
       ``(B) the number of such cases in which eligibility for 
     medical assistance under the State plan (or waiver) were so 
     terminated due to the individual's failure to return a 
     renewal form or other information needed by the state to make 
     an eligibility determination;
       ``(C) the number of such cases in which eligibility for 
     medical assistance under the State plan (or waiver) were so 
     terminated pursuant to such a redetermination due to a known 
     change in circumstance;
       ``(D) the number of individuals whose coverage was 
     terminated pursuant to such a redetermination whose accounts 
     were, during such period, transitioned to the Exchange, CHIP, 
     or basic health program; and
       ``(E) with respect to eligibility redeterminations, the 
     daily average volume, wait times, and abandonment rate (as 
     determined by the Secretary) for each call center during such 
     month.''.
       (c) Medical Assistance Under Medicaid for Inmates During 
     30-day Period Preceding Release.--
       (1) In general.--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 two 
     years 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 an inmate of a public institution'' after 
     ``medical institution''.
       (2) Conforming amendments in title xix.--Section 1902(a) of 
     the Social Security Act (42 U.S.C. 1396a(a)) is amended--
       (A) in paragraph (74), by striking at the end ``and''; and
       (B) in paragraph (84)--
       (i) in subparagraph (A), by inserting ``, except, beginning 
     on the first day of the first fiscal year quarter that begins 
     two years 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', the State may not suspend coverage during 
     the 30-day period preceding the date of release of the 
     juvenile'' after ``during the period the juvenile is such an 
     inmate''; and
       (ii) in subparagraph (C), by striking ``upon release'' and 
     inserting ``30 days prior to release''.
       (3) Conforming amendment in title xxi.--Section 2110(b)(2) 
     of the Social Security Act (42 U.S.C. 1397jj(b)(2))--
       (A) in subparagraph (A), by striking at the end ``or'';
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) except, beginning on the first day of the first 
     fiscal year quarter that begins two years 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 child from such public institution.''.
       (d) Extension of Certain Provisions.--

[[Page H6432]]

       (1) 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).
       (2) 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--
       (A) in the paragraph heading, by striking ``through 
     september 30, 2027''; and
       (B) by striking ``through September 30'' and all that 
     follows through ``ends on September 30, 2027'' and inserting 
     ``(but beginning on October 1, 2019,''.
       (e) Expansion of Community Mental Health Services 
     Demonstration Program.--
       (1) In general.--Section 223 of the Protecting Access to 
     Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
       (A) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(3) Additional planning grants.--In addition to the 
     planning grants awarded under paragraph (1), the Secretary 
     shall award planning grants to States (other than States 
     selected to conduct demonstration programs under paragraph 
     (1) or (8) of subsection (d)) for the purpose of developing 
     proposals to participate in time-limited demonstration 
     programs described in subsection (d).'';
       (B) in subsection (d)--
       (i) in paragraph (3), by striking ``Subject to paragraph 
     (8)'' and inserting ``Subject to paragraphs (8) and (9)'';
       (ii) in paragraph (5)(C)(iii)(II), by inserting ``or 
     paragraph (9)'' after ``paragraph (8)'';
       (iii) in paragraph (7)--

       (I) in subparagraph (A), by inserting ``through the year in 
     which the last demonstration under this section ends'' after 
     ``annually thereafter''; and
       (II) in subparagraph (B)--

       (aa) by striking ``December 31, 2021'' and inserting 
     ``March 31, 2026'';
       (bb) by striking ``recommendations concerning'' and all 
     that follows through the period and inserting 
     ``recommendations concerning whether and how the 
     demonstration programs under this section should be 
     modified.''; and
       (cc) by adding at the end the following new sentence: 
     ``Such recommendations shall be based on data collected from 
     States selected to conduct demonstration programs under 
     paragraph (1) and, to the extent available, data collected 
     from States selected to conduct demonstration programs under 
     paragraphs (8) and (9).''; and
       (iv) by adding at the end the following new paragraph:
       ``(9) Further additional programs.--
       ``(A) In general.--In addition to the States selected under 
     paragraphs (1) and (8) and without regard to paragraph (4), 
     the Secretary shall select any State that meets the 
     requirements described in subparagraph (B) to conduct a 
     demonstration program that meets the requirements of this 
     subsection for 2 years.
       ``(B) Requirements.--The requirements described in this 
     subparagraph with respect to a State are that the State--
       ``(i) was awarded a planning grant under paragraph (1) or 
     (3) of subsection (c); and
       ``(ii) submits an application (in addition to any 
     application that the State may have previously submitted 
     under this section) that meets the requirements of paragraph 
     (2)(B).
       ``(C) Requirements for selected states.--The requirements 
     applicable to States selected under paragraph (8) pursuant to 
     subparagraph (C) of such paragraph shall apply in the same 
     manner to States selected under this paragraph.'';
       (C) in subsection (e), by amending paragraph (4) to read as 
     follows:
       ``(4) 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.''; 
     and
       (D) in subsection (f)(1)--
       (i) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (ii) in subparagraph (B), by striking the period and 
     inserting ``, and $40,000,000 for fiscal year 2022; and''; 
     and
       (iii) by adding at the end the following new subparagraph:
       ``(C) for purposes of updating the criteria under 
     subsection (a) as needed for certified community behavioral 
     health clinics and carrying out subsections (c)(3), (d)(7), 
     and (d)(9) (including the provision of technical assistance 
     to States applying for planning grants under subsection 
     (c)(3) and conducting demonstration projects under this 
     section), $5,000,000 for fiscal year 2022.''.
       (2) Exclusion of amounts attributable to increased fmap 
     from territorial caps.--Section 1108 of the Social Security 
     Act (42 U.S.C. 1308) is amended--
       (A) in subsection (f), in the matter preceding paragraph 
     (1), by striking ``subsections (g) and (h)'' and inserting 
     ``subsections (g), (h), and (i)''; and
       (B) by adding at the end the following:
       ``(i) Exclusion From Caps of Amounts Attributable to 
     Enhanced FMAP for Community Mental Health Services.--Any 
     additional amount paid to Puerto Rico, the Virgin Islands, 
     Guam, the Northern Mariana Islands, and American Samoa for 
     expenditures for medical assistance that is attributable to 
     an enhanced Federal medical assistance percentage applicable 
     to such expenditures under section 223(d)(5) of the 
     Protecting Access to Medicare Act of 2014 shall not be taken 
     into account for purposes of applying payment limits under 
     subsections (f) and (g).''.
       (f) Making Permanent a State Option to Provide Qualifying 
     Community-based Mobile Crisis Intervention Services.--Section 
     1947 of the Social Security Act (42 U.S.C. 1396w-6) is 
     amended--
       (1) in subsection (a), by striking ``during the 5-year 
     period'';
       (2) in subsection (c), by striking ``occurring during the 
     period described in subsection (a) that a State'' and 
     inserting ``in which a State provides medical assistance for 
     qualifying community-based mobile crisis intervention 
     services under this section and''; and
       (3) in subsection (d)(2)--
       (A) in subparagraph (A), by striking ``for the fiscal year 
     preceding the first fiscal quarter occurring during the 
     period described in subsection (a)'' and inserting ``for the 
     fiscal year preceding the first fiscal quarter in which the 
     State provides medical assistance for qualifying community-
     based mobile crisis intervention services under this 
     section''; and
       (B) in subparagraph (B), by striking ``occurring during the 
     period described in subsection (a)'' and inserting 
     ``occurring during a fiscal quarter''.
       (g) Extension of 100 Percent Federal Medical Assistance 
     Percentage for Urban Indian Health Organizations and Native 
     Hawaiian Health Care Systems.--The third sentence of section 
     1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is 
     amended--
       (1) by striking ``for the 8 fiscal year quarters beginning 
     with the first fiscal year quarter beginning after the date 
     of the enactment of the American Rescue Plan Act of 2021'' 
     and inserting ``for the period of the 16 fiscal year quarters 
     that begins on April 1, 2021''; and
       (2) by striking ``such 8 fiscal year quarters'' and 
     inserting ``such period of 16 fiscal year quarters''.
       (h) Ensuring Accurate Payments to Pharmacies Under 
     Medicaid.--
       (1) In general.--Section 1927(f) of the Social Security Act 
     (42 U.S.C. 1396r-8(f)) is amended--
       (A) by striking ``and'' after the semicolon at the end of 
     paragraph (1)(A)(i) and all that precedes it through ``(1)'' 
     and inserting the following:
       ``(1) Determining pharmacy actual acquisition costs.--The 
     Secretary shall conduct a survey of retail community pharmacy 
     drug prices in the 50 States and the District of Columbia, to 
     determine the national average drug acquisition cost, as 
     follows:
       ``(A) Use of vendor.--The Secretary may contract services 
     for--
       ``(i) with respect to retail community pharmacies, the 
     determination of retail survey prices of the national average 
     drug acquisition cost for covered outpatient drugs based on a 
     monthly survey of such pharmacies, net of all discounts and 
     rebates (to the extent any information with respect to such 
     discounts and rebates is available), the average 
     reimbursement received for such drugs by such pharmacies from 
     all sources of payment and, to the extent available, the 
     usual and customary charges to consumers for such drugs; 
     and'';
       (B) by adding at the end of paragraph (1) the following:
       ``(F) Survey reporting.--A State shall require that any 
     retail community pharmacy in the State that receives any 
     payment, reimbursement, administrative fee, discount, or 
     rebate related to the dispensing of covered outpatient drugs 
     to individuals receiving benefits under this title or title 
     XXI, regardless of whether such payment, fee, discount, or 
     rebate is received from the State or a managed care entity 
     directly or from a pharmacy benefit manager or another entity 
     that has a contract with the State or a managed care entity 
     or other specified entity (as such terms are defined in 
     section 1903(m)(9)(D)), shall respond to surveys of retail 
     prices conducted under this subsection with the specific 
     information requested by the vendor.
       ``(G) Survey information.--Information on retail community 
     actual acquisition prices obtained under this paragraph shall 
     be made publicly available and shall include at least the 
     following:
       ``(i) The monthly response rate of the survey, including a 
     list of pharmacies not in compliance with subparagraph (F) 
     and the identification numbers for such pharmacies.
       ``(ii) The sampling frame and number of pharmacies sampled 
     monthly.
       ``(iii) Characteristics of reporting pharmacies, including 
     type (such as independent or chain), geographic or regional 
     location, and dispensing volume.
       ``(iv) Reporting of a separate national average drug 
     acquisition cost for each drug for independent retail 
     pharmacies and chain pharmacies.
       ``(v) Information on price concessions including on and off 
     invoice discounts, rebates, and other price concessions.
       ``(vi) Information on average professional dispensing fees 
     paid.
       ``(H) Penalties.--
       ``(i) Failure to provide timely information.--A retail 
     community pharmacy that knowingly fails to respond to a 
     survey conducted under this subsection on a timely basis may 
     be subject to a civil monetary penalty in an amount not to 
     exceed $10,000 for each day in which such information has not 
     been provided. A retail community pharmacy shall not be 
     subject to such penalty if the pharmacy makes a good faith 
     effort to provide the information requested by the survey on 
     a timely basis.
       ``(ii) False information.--A retail community pharmacy that 
     knowingly provides false information in response to a survey 
     conducted under this subsection may be subject to a civil 
     money penalty in an amount not to exceed $100,000 for each 
     item of false information.''; and
       (C) in paragraph (4), by inserting ``, and $7,000,000 for 
     fiscal year 2023 and each fiscal year thereafter,'' after 
     ``2010''.
       (2) Condition for federal financial participation.--Section 
     1903(i)(10) of the Social Security Act (42 U.S.C. 
     1396b(i)(10)) is amended--
       (A) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (E), by striking ``or'' after the 
     semicolon and inserting ``and''; and

[[Page H6433]]

       (C) by inserting after subparagraph (E), the following new 
     subparagraph:
       ``(F) with respect to any amount expended for reimbursement 
     to a retail community pharmacy under this title unless the 
     State requires the retail community pharmacy to respond to 
     surveys of retail prices conducted under section 1927(f) in 
     accordance with paragraph (1)(F) of such section; or''.
       (3) Effective date.--The amendments made by this section 
     take effect on the 1st day of the 1st quarter that begins on 
     or after the date that is 18 months after the date of 
     enactment of this Act.
       (i) Funding for Implementation and Administration.--In 
     addition to amounts otherwise available, there is 
     appropriated to the Secretary, for fiscal year 2022, to be 
     available until expended, out of any money in the Treasury 
     not otherwise appropriated, $20,000,000, to provide technical 
     assistance and guidance and cover administrative costs 
     associated with implementing the amendments made by this part 
     and part 2.

                     PART 5--MAINTENANCE OF EFFORT

     SEC. 30751. ENCOURAGING CONTINUED ACCESS AFTER THE END OF THE 
                   PUBLIC HEALTH EMERGENCY.

       Section 6008 of the Families First Coronavirus Response Act 
     (42 U.S.C. 1396d note), as amended by section 30741(b), is 
     further amended--
       (1) by redesignating the second subsection (d) added by 
     section 11 of division X of Public Law 116-260 as subsection 
     (e); and
       (2) by adding at the end the following new subsection:
       ``(g) Encouraging Continued Access After the End of the 
     Public Health Emergency.--
       ``(1) In general.--Subject to paragraph (2), if, between 
     October 1, 2022 and December 31, 2025, a State puts into 
     effect for any calendar quarter occurring during such period 
     eligibility standards, methodologies, or procedures for 
     individuals (except individuals described in subparagraph (D) 
     of section 1902(e)(14)) who are applying for or receiving 
     medical assistance under the State plan of such State under 
     title XIX of the Social Security Act (42 U.S.C. 1396 through 
     1396w-6) (including any waiver under such title or section 
     1115 of such Act (42 U.S.C. 1315)) that are more restrictive 
     than the eligibility standards, methodologies, or procedures, 
     respectively, under the State plan (or waiver of such plan) 
     that are in effect on October 1, 2021, the Federal medical 
     assistance percentage otherwise determined under section 
     1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) for 
     that State shall be reduced by 3.1 percentage points for such 
     calendar quarter.
       ``(2) Nonapplication.--During the period described in 
     paragraph (1), at the option of the State, the condition 
     under such paragraph may not apply to the State with respect 
     to nonpregnant, nondisabled adults who are eligible for 
     medical assistance under the State plan (or waiver such plan) 
     whose income exceeds 133 percent of the poverty line (as 
     defined in section 2110(c)(5)) applicable to a family of the 
     size involved if, on or after December 31, 2022, the State 
     had certified or certifies to the Secretary that, with 
     respect to the State fiscal year during which the 
     certification is made, the State has a budget deficit, or 
     with respect to the succeeding State fiscal year, the State 
     is projected to have a budget deficit. Upon submission of 
     such a certification to the Secretary, the condition under 
     paragraph (1) shall not apply to the State with respect to 
     any remaining portion of the period described in the 
     preceding sentence.''.

            Subtitle G--Children's Health Insurance Program

     SEC. 30801. INVESTMENTS TO STRENGTHEN CHIP.

       (a) Permanent Extension of Children's Health Insurance 
     Program.--
       (1) 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).''.
       (2) Allotments.--
       (A) In general.--Section 2104(m) of the Social Security Act 
     (42 U.S.C. 1397dd(m)) is amended--
       (i) in paragraph (2)(B)(i), by striking ``, 2023, and 
     2027'' and inserting ``and 2023'';
       (ii) 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'';

       (iii) 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'';

       (iv) 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

       (v) by striking paragraph (11).
       (B) Conforming amendment.--Section 50101(b)(2) of the 
     Bipartisan Budget Act of 2018 (Public Law 115-123) is 
     repealed.
       (b) Other Related CHIP Policies.--
       (1) Pediatric quality measures program.--Section 
     1139A(i)(1) of the Social Security Act (42 U.S.C. 1320b-
     9a(i)(1)) is amended--
       (A) in subparagraph (C), by striking at the end ``and'';
       (B) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon; and
       (C) 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 each 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, as published by the Bureau of Labor Statistics) 
     rounded to the nearest $100,000 over such previous fiscal 
     year, for the purpose of carrying out this section (other 
     than subsections (e), (f), and (g)).''.
       (2) Assurance of eligibility standards for children.--
     Section 2105(d)(3) of the Social Security Act (42 U.S.C. 
     1397ee(d)(3)) is amended--
       (A) in the paragraph heading, by striking ``through 
     september 30, 2027''; and
       (B) in subparagraph (A)--
       (i) 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'';

       (ii) in clause (i), by striking the semicolon at the end 
     and inserting a period;
       (iii) by striking clauses (ii) and (iii); and
       (iv) as amended by subclause (i)(III), by striking ``as 
     preventing a State from'' and all that follows through 
     ``applying eligibility standards'' and inserting ``as 
     preventing a State from applying eligibility standards''.
       (3) Qualifying states option.--Section 2105(g)(4) of the 
     Social Security Act (42 U.S.C. 1397ee(g)(4)) is amended--
       (A) in the paragraph heading, by striking ``for fiscal 
     years 2009 through 2027'' and inserting ``after fiscal year 
     2008''; and
       (B) in subparagraph (A), by striking ``for any of fiscal 
     years 2009 through 2027'' and inserting ``for any fiscal year 
     after fiscal year 2008''.
       (4) Outreach and enrollment program.--Section 2113 of the 
     Social Security Act (42 U.S.C. 1397mm) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``during the period of 
     fiscal years 2009 through 2027'' and inserting ``, beginning 
     with fiscal year 2009,'';
       (ii) 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

       (iii) 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
       (B) in subsection (g)--
       (i) by striking ``2017,,'' and inserting ``2017,'';
       (ii) by striking ``and $48,000,000'' and inserting 
     ``$48,000,000''; and
       (iii) by inserting after ``through 2027'' the following: 
     ``, $60,000,000 for fiscal years 2028, 2029, and 2030, and 
     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, as published by the Bureau of Labor Statistics) 
     rounded to the nearest $100,000 over such previous fiscal 
     year''.
       (5) Child enrollment contingency fund.--Section 2104(n) of 
     the Social Security Act (42 U.S.C. 1397dd(n)) is amended--
       (A) in paragraph (2)--
       (i) in subparagraph (A)(ii)--

       (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

       (ii) 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

       (B) in paragraph (3)(A)--
       (i) by striking ``fiscal years 2024 through 2026'' and 
     inserting ``fiscal year 2024 or any subsequent fiscal year''; 
     and
       (ii) by striking ``2023, or 2027'' and inserting ``or 
     2023''.
       (c) CHIP Drug Rebates.--
       (1) In general.--Section 2107 of the Social Security Act 
     (42 U.S.C. 1397gg), as amended by section 30721(b)(2), is 
     further amended--
       (A) in subsection (e)(1) by adding at the end the following 
     new subparagraph:
       ``(V) Beginning January 1, 2024, section 1927, in 
     accordance with subsection (h) of this section, with respect 
     to covered outpatient drugs (as defined in section 1927) for 
     which child health assistance or pregnancy-related assistance 
     (as defined in section 2112(d)(1)) is provided under the 
     State child health plan, including such drugs dispensed to 
     individuals enrolled with a managed care organization that 
     meets the requirements of subpart L of part 457 of title 42, 
     Code of Federal Regulations (or a successor regulation) if 
     the organization is responsible for coverage of such 
     drugs.''; and
       (B) by adding at the end the following new subsection:
       ``(h) Drug Rebates.--For purposes of subsection (e)(1)(V), 
     in applying section 1927--
       ``(1) the Secretary shall take such actions as are 
     necessary and develop or adapt such processes and mechanisms 
     as are necessary, including to report and collect data to 
     bill and track rebates under section 1927, as applied 
     pursuant to subsection (e)(1)(V) for covered outpatient

[[Page H6434]]

     drugs (as defined in such section 1927) for which child 
     health assistance or pregnancy-related assistance (as defined 
     in section 2112(d)(1)) is provided under the State child 
     health plan;
       ``(2) the requirements of such section 1927 shall apply to 
     any drug or biological product described in paragraph (1)(A) 
     of section 1905(ee) that is--
       ``(A) furnished as child health assistance or pregnancy-
     related assistance under the State child health plan; and
       ``(B) a covered outpatient drug (as defined in section 
     1927(k), except that, in applying paragraph (2)(A) of such 
     section to a drug described in such paragraph (1)(A) of such 
     section 1905(ee), such drug shall be deemed `a prescribed 
     drug for purposes of subsection (a)(12))'; and
       ``(3) in order for payment to be available under section 
     2105 with respect to child health assistance or pregnancy-
     related assistance for covered outpatient drugs of a 
     manufacturer, the manufacturer must have entered into and 
     have in effect a single rebate agreement to--
       ``(A) provide rebates under section 1927 to a State 
     Medicaid program under title XIX as well as a State program 
     under this title; and
       ``(B) provide such rebates to a State program under this 
     title 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 title XIX.
     Nothing in this subsection or subsection (e)(1)(V) shall be 
     construed as limiting Federal financial participation for 
     prescription drugs and biological products that do not 
     satisfy the definition of a covered outpatient drug and for 
     which there is not a rebate agreement in effect.''.
       (2) 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--
       (A) by striking ``or under part B of title XVIII'' and 
     inserting ``, under part B of title XVIII, or, beginning with 
     the first full calendar quarter with respect to which section 
     2107(e)(1)(V) applies, under section 2105 with respect to 
     child health assistance or pregnancy-related assistance under 
     title XXI'';
       (B) by striking ``a rebate agreement described in 
     subsection (b)'' and inserting ``a single rebate agreement 
     described in subsection (b) with respect to payment under 
     section 1903(a) and, beginning January 1, 2024, title XXI,''; 
     and
       (C) by inserting ``and including as such subsection (b) is 
     applied pursuant to subsections (e)(1)(V) and (h) of section 
     2107 with respect to child health assistance and pregnancy-
     related assistance under a State child health plan under 
     title XXI'' before ``, and must meet''.
       (3) Non-duplication of rebates conforming amendment.--
     Section 340B(a)(5)(A) of the Public Health Service Act (42 
     U.S.C. 256b(a)(5)(A)) is amended--
       (A) in clause (i), by inserting before the period the 
     following: ``and shall not request payment under title XXI of 
     such Act for child health assistance or pregnancy-related 
     assistance (as defined in section 2112(d)(1) of such Act) 
     under a State child health plan under title XXI of such Act 
     with respect to a drug that is subject to an agreement under 
     this section if the drug is subject to the payment of a 
     rebate to the State under section 1927 of such Act, as 
     applied pursuant to subsections (e)(1)(V) and (h) of section 
     2107 of such Act''; and
       (B) in clause (ii), by inserting ``, including as applied 
     pursuant to subsections (e)(1)(V) and (h) of section 2107 of 
     such Act,'' after ``the requirements of section 1927(a)(5)(C) 
     of the Social Security Act''.
       (4) Exclusion of rebates from best price conforming 
     amendment.--Section 1927(c)(1)(C)(i) of the Social Security 
     Act (42 U.S.C. 1396r-8(c)(1)(C)(i)) is amended--
       (A) in subclause (V), by striking ``and'' at the end;
       (B) in subclause (VI), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following new subclause:

       ``(VII) any rebates paid pursuant to section 
     2107(e)(1)(V).''.

       (d) State Option to Expand Children's Eligibility for 
     Chip.--
       (1) In general.--Section 2110(b)(1)(B)(ii) of the Social 
     Security Act (42 U.S.C. 1397jj(b)(1)(B)(ii)) is amended--
       (A) in subclause (II), by striking ``or'' at the end;
       (B) in subclause (III), by striking ``and'' at the end and 
     inserting ``or''; and
       (C) 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''.
       (2) Treatment of territories.--Section 2104(m)(7) of the 
     Social Security Act (42 U.S.C. 1397dd(m)(7)) is amended--
       (A) 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)'';
       (B) in subparagraph (B)(ii), by striking ``or District''; 
     and
       (C) in the matter following subparagraph (B), by striking 
     each place it occurs ``or District''
       (3) Removal of sunset for increases in allotments.--Section 
     2104(m)(7)(A) of the Social Security Act (42 U.S.C. 
     1397dd(m)(7)(A)) is amended by striking ``and ending with 
     fiscal year 2027,''.
       (e) Funding for Implementation and Administration.--In 
     addition to amounts otherwise available, there is 
     appropriated to the Secretary, for fiscal year 2022, to be 
     available until expended, out of any money in the Treasury 
     not otherwise appropriated, $5,000,000, to provide technical 
     assistance and guidance and cover administrative costs 
     associated with implementing the amendments made by this 
     section.

           Subtitle H--Medicare Coverage of Hearing Services

     SEC. 30901. PROVIDING COVERAGE FOR HEARING CARE UNDER THE 
                   MEDICARE PROGRAM.

       (a) Provision of Audiology Services by Qualified 
     Audiologists and Qualified Hearing Aid Professionals.--
       (1) In general.--Section 1861(ll) of the Social Security 
     Act (42 U.S.C. 1395x(ll)) is amended--
       (A) in paragraph (3)--
       (i) by inserting ``(and, beginning January 1, 2023, such 
     aural rehabilitation and treatment services)'' after 
     ``assessment services'';
       (ii) by inserting ``, and, beginning on January 1, 2023, 
     such hearing assessment services furnished by a qualified 
     hearing aid professional,'' after ``by a qualified 
     audiologist''; and
       (iii) by striking ``the audiologist'' and inserting ``the 
     audiologist or qualified hearing aid professional''; and
       (B) in paragraph (4), by adding at the end the following 
     new subparagraph:
       ``(C) The term `qualified hearing aid professional' means, 
     with respect to hearing assessment services described in 
     paragraph (3), an individual who--
       ``(i) is licensed or registered as a hearing aid dispenser, 
     hearing aid specialist, hearing instrument dispenser, or 
     related professional by the State in which the individual 
     furnishes such services; and
       ``(ii) meets such other requirements as the Secretary 
     determines appropriate (including requirements relating to 
     educational certifications or accreditations), taking into 
     account any additional requirements for hearing aid 
     specialists, hearing aid dispensers, and hearing instrument 
     dispensers established by Medicare Advantage organizations 
     under part C, State plans (or waivers of such plans) under 
     title XIX, and the group health plans and health insurance 
     issuers (as such terms are defined in section 2791 of the 
     Public Health Service Act).''.
       (2) Payment for qualified hearing aid professionals.--
     Section 1833(a)(1) of the Social Security Act (42 U.S.C. 
     1395l(a)(1)), as amended by section 139101(b), is further 
     amended--
       (A) by striking ``and'' before ``(EE)''; and
       (B) by inserting before the semicolon at the end the 
     following: ``and (FF) with respect to hearing assessment 
     services (as described in paragraph (3) of section 1861(ll)) 
     furnished by a qualified hearing aid professional (as defined 
     in paragraph (4)(C) of such section), the amounts paid shall 
     be equal to 80 percent of the lesser of the actual charge for 
     such services or 85 percent of the amount for such services 
     determined under the payment basis determined under section 
     1848''.
       (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 January 1, 2023, to individuals diagnosed with 
     moderately severe, severe, or profound 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)) is amended by 
     adding at the end the following new paragraphs:
       ``(6) Payment only on an assignment-related basis.--Payment 
     for hearing aids for which payment may be made under this 
     part may be made only on an assignment-related basis. The 
     provisions of section 1842(b)(18)(B) shall apply to hearing 
     aids in the same manner as they apply to services furnished 
     by a practitioner described in subsection (b)(18)(C).
       ``(7) Limitations for hearing aids.--Payment may be made 
     under this part with respect to an individual, with respect 
     to hearing aids furnished on or after January 1, 2023--
       ``(A) not more than once per ear during a 5-year period;
       ``(B) only for types of such hearing aids that are 
     determined appropriate by the Secretary; and
       ``(C) only if furnished pursuant to a written order of a 
     physician, qualified audiologist (as defined in section 
     1861(ll)(4)), qualified hearing aid professional (as so 
     defined), physician assistant, nurse practitioner, or 
     clinical nurse specialist.''.
       (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)) is amended--
       (i) in the header, by inserting ``and hearing aids'' after 
     ``orthotics'';
       (ii) by inserting ``, or of hearing aids described in 
     paragraph (2)(D) of such section,'' after ``2011,''; and
       (iii) in clause (i), by inserting ``or such hearing aids'' 
     after ``such orthotics''.
       (B) Conforming amendment.--
       (i) In general.--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) 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)) is amended by adding at the end the 
     following new subparagraph:
       ``(C) Certain hearing aids.--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.''.
       (4) Inclusion of qualified audiologists and qualified 
     hearing aid professionals as

[[Page H6435]]

     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)), is amended by adding at the 
     end the following new clauses:
       ``(vii) Beginning on January 1, 2023, a qualified 
     audiologist (as defined in section 1861(ll)(4)(B)).
       ``(viii) A qualified hearing aid professional (as defined 
     in section 1861(ll)(4)(C)).''.
       (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) Inclusion as Excepted Medical Treatment.--Section 
     1821(b)(5)(A) of the Social Security Act (42 U.S.C. 1395i-
     5(b)(5)(A)) is amended--
       (1) in clause (i), by striking ``or'';
       (2) in clause (ii), by striking the period and inserting 
     ``, or''; and
       (3) by adding at the end the following new clause:
       ``(iii) consisting of audiology services described in 
     subsection (ll)(3) of section 1861, or hearing aids described 
     in subsection (s)(8) of such section, that are payable under 
     part B as a result of the amendments made by An Act to 
     provide for reconciliation pursuant to title II of S. Con. 
     Res. 14.''.
       (e) Rural Health Clinics and Federally Qualified Health 
     Centers.--
       (1) Clarifying coverage of audiology services as 
     physicians' services.--Section 1861(aa)(1)(A) of the Social 
     Security Act (42 U.S.C. 1395x(aa)(1)(A)) is amended by 
     inserting ``(including audiology services (as defined in 
     subsection (ll)(3)))'' after ``physicians' services''.
       (2) Inclusion of qualified audiologists and qualified 
     hearing aid professionals as rhc and fqhc practitioners.--
     Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 
     1395x(aa)(1)(B)) is amended by inserting ``or by a qualified 
     audiologist or a qualified hearing aid professional (as such 
     terms are defined in subsection (ll)),'' after ``(as defined 
     in subsection (hh)(1)),''.
       (3) Temporary payment rates for certain services under the 
     rhc air and fqhc pps.--
       (A) AIR.--Section 1833 of the Social Security Act (42 
     U.S.C. 1395l) is amended--
       (i) in subsection (a)(3)(A), by inserting ``(which shall, 
     in the case of audiology services (as defined in section 
     1861(ll)(3)), in lieu of any limits on reasonable charges 
     otherwise applicable, be based on the rates payable for such 
     services under the payment basis determined under section 
     1848 until such time as the Secretary determines sufficient 
     data has been collected to otherwise apply such limits (or 
     January 1, 2029, if no such determination has been made as of 
     such date))'' after ``may prescribe in regulations''; and
       (ii) by adding at the end the following new subsection:
       ``(ee) Disregard of Costs Attributable to Certain Services 
     From Calculation of RHC AIR.--Payments for rural health 
     clinic services other than audiology services (as defined in 
     section 1861(ll)(3)) under the methodology for all-inclusive 
     rates (established by the Secretary) under subsection (a)(3) 
     shall not take into account the costs of such services while 
     rates for such services are based on rates payable for such 
     services under the payment basis established under section 
     1848.''.
       (B) PPS.--Section 1834(o) of the Social Security Act (42 
     U.S.C. 1395m(o)) is amended by adding at the end the 
     following new paragraph:
       ``(5) Temporary payment rates based on pfs for certain 
     services.--The Secretary shall, in establishing payment rates 
     for audiology services (as defined in section 1861(ll)(3)) 
     that are Federally qualified health center services under the 
     prospective payment system established under this subsection, 
     in lieu of the rates otherwise applicable under such system, 
     base such rates on rates payable for such services under the 
     payment basis established under section 1848 until such time 
     as the Secretary determines sufficient data has been 
     collected to otherwise establish rates for such services 
     under such system (or January 1, 2029, if no such 
     determination has been made as of such date). Payments for 
     Federally qualified health center services other than such 
     audiology services under such system shall not take into 
     account the costs of such services while rates for such 
     services are based on rates payable for such services under 
     the payment basis established under section 1848.''.
       (f) Implementation.--
       (1) In general.--In addition to amounts otherwise 
     available, there is appropriated to the Secretary of Health 
     and Human Services for fiscal year 2022, out of any money in 
     the Treasury not otherwise appropriated, $370,000,000, to 
     remain available until expended, for purposes of implementing 
     the amendments made by this section during the period 
     beginning on January 1, 2022, and ending on September 30, 
     2031.
       (2) Program instruction.--The Secretary of Health and Human 
     Services shall implement the provisions of, and the 
     amendments made by, this section for 2022 and 2023 by program 
     instruction.

                       Subtitle I--Public Health

            PART 1--HEALTH CARE INFRASTRUCTURE AND WORKFORCE

     SECTION 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''), acting through the Director of the Centers 
     for Disease Control and Prevention (in this section referred 
     to as the ``Director''), for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated, and to 
     remain available until expended--
       (1) for the purposes of carrying out subsection (c)(1)(A)--
       (A) $200,000,000 in fiscal year 2022;
       (B) $300,000,000 in fiscal year 2023; and
       (C) $1,000,000,000 in each of fiscal years 2024 through 
     2026;
       (2) for the purposes of carrying out subsection (c)(1)(B)--
       (A) $100,000,000 in fiscal year 2022;
       (B) $150,000,000 in fiscal year 2023; and
       (C) $500,000,000 in each of fiscal years 2024 through 2026; 
     and
       (3) for the purposes of carrying out subsection (d)--
       (A) $100,000,000 in fiscal year 2022;
       (B) $150,000,000 in fiscal year 2023; and
       (C) $500,000,000 in each of fiscal years 2024 through 2026.
       (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) 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 
     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.
       (3) 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.
       (4) 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 
     public health agencies in the applicant's jurisdiction.
       (5) 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.
       (6) 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.--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.
       (e) Definition.--In this section, the term ``core public 
     health infrastructure'' includes--
       (1) health equity activities;
       (2) workforce capacity and competency;
       (3) all hazards public health and preparedness;
       (4) testing capacity, including test platforms, mobile 
     testing units, and personnel;
       (5) health information, health information systems, and 
     health information analysis (including data analytics);
       (6) epidemiology and disease surveillance;
       (7) contact tracing;
       (8) policy and communications;
       (9) financing;
       (10) community partnership development; and
       (11) relevant components of organizational capacity.

[[Page H6436]]

       (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 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, $2,000,000,000, 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--
       (1) 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; and
       (2) the purchase, renovation, or maintenance of mobile 
     clinics and related vehicles and equipment.

     SEC. 31003. 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, $3,370,000,000, 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) Exemption From Amount and Duration Limitations.--
     Subsection (b) of section 749A of the Public Health Service 
     Act (42 U.S.C. 293l-1) shall not apply with respect to 
     amounts awarded under such section out of amounts 
     appropriated under subsection (a) or under section 2604 of 
     the American Rescue Plan Act (Public Law 117-2).
       (c) 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)).
       (d) Priority Uses of Funds.--In making payments and awards 
     under subsection (c), the Secretary shall, in addition to the 
     requirements of paragraphs (3)(A) and (3)(B) of section 340H 
     of the Public Health Service Act (42 U.S.C. 256h), make 
     payments and awards to eligible entities in a manner that 
     accounts for States or territories in which there is no 
     existing qualified teaching health center funded by payments 
     under such section 340H.

     SEC. 31004. FUNDING FOR CHILDREN'S HOSPITALS THAT OPERATE 
                   GRADUATE MEDICAL EDUCATION PROGRAMS.

       In addition to amounts otherwise available, and 
     notwithstanding the caps on awards specified in paragraphs 
     (1) and (2) of subsection (b) and (h)(1) of section 340E of 
     the Public Health Service Act (42 U.S.C. 256e), 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 expended, for 
     carrying out such section 340E of the Public Health Service 
     Act (42 U.S.C. 256e).

     SEC. 31005. FUNDING FOR NATIONAL HEALTH SERVICE 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, 
     $2,000,000,000, to remain available until expended, for 
     carrying out sections 338A, 338B, and 338I of the Public 
     Health Service Act (42 U.S.C. 254l, 254l-1, 254q-1).

     SEC. 31006. 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, 
     $500,000,000, to remain available until expended, for 
     carrying out section 846 of the Public Health Service Act (42 
     U.S.C. 297n).

     SEC. 31007. 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, $500,000,000, 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. 31008. FUNDING FOR SCHOOLS OF NURSING 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, $500,000,000, 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;

[[Page H6437]]

       (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. 31009. FUNDING FOR PALLIATIVE CARE AND HOSPICE EDUCATION 
                   AND 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, to support the establishment or operation of 
     programs that--
       (1) support training of health professionals in palliative 
     and hospice care (including through traineeships or 
     fellowships); and
       (2) foster patient and family engagement, integration of 
     palliative and hospice care with primary care and other 
     appropriate specialties, and collaboration with community 
     partners to address gaps in health care for individuals in 
     need of palliative or hospice care.
       (b) Use of Funds.--The Secretary shall, giving priority to 
     applicants proposing to carry out programs or activities that 
     demonstrate coordination with other Federal or State programs 
     and are expected to substantially benefit rural populations, 
     medically underserved populations, medically underserved 
     communities, Indian Tribes or Tribal organizations, or Urban 
     Indian organizations, use amounts appropriated by subsection 
     (a) to carry out a program to award grants or contracts to 
     entities defined in paragraph (1), (3), or (4) of section 
     799B of the Public Health Service Act (42 U.S.C. 295p) or 
     section 801(2) of such Act (42 U.S.C. 296) for purposes of 
     carrying out the following activities:
       (1) Clinical training on providing integrated palliative 
     and hospice care and primary care delivery services.
       (2) Interprofessional or interdisciplinary training to 
     practitioners from multiple disciplines and specialties, 
     including training on the provision of care to individuals 
     with palliative or hospice care needs.
       (3) Establishing or maintaining training-related community-
     based programs for individuals with palliative or hospice 
     care needs and caregivers to improve quality of life, and 
     where appropriate, health outcomes for individuals who have 
     palliative or hospice care needs.

     SEC. 31010. FUNDING FOR PALLIATIVE MEDICINE PHYSICIAN 
                   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, $20,000,000, to remain available until 
     expended, to carry out a program to award grants and 
     contracts to accredited schools of medicine, schools of 
     osteopathic medicine, teaching hospitals, and graduate 
     medical education programs for the purpose of providing 
     support for projects that fund the training of physicians or 
     specialists who plan to teach or practice palliative 
     medicine.
       (b) Use of Funds.--Amounts made available to an awardee 
     pursuant to subsection (a) shall be used to--
       (1) provide training in interprofessional or 
     interdisciplinary team-based palliative medicine through a 
     variety of service rotations, such as rotations with respect 
     to consultation services or acute and chronic care services, 
     and rotations in other health care settings, including 
     extended care facilities, ambulatory care and comprehensive 
     evaluation units, hospices, home care, and community care 
     programs;
       (2) develop specific performance-based measures to evaluate 
     the competency of trainees; and
       (3) provide training in interprofessional or 
     interdisciplinary, team-based palliative medicine.
       (c) Graduate Medical Education Program Defined.--In this 
     section, the term ``graduate medical education program'' 
     means a program sponsored by an accredited school of 
     medicine, an accredited school of osteopathic medicine, a 
     hospital, or a public or private institution that--
       (1) offers postgraduate medical training in the specialties 
     and subspecialties of medicine; and
       (2) has been accredited by--
       (A) the Accreditation Council for Graduate Medical 
     Education; or
       (B) the American Osteopathic Association through its 
     Committee on Postdoctoral Training (or a successor 
     committee).

     SEC. 31011. FUNDING FOR PALLIATIVE CARE AND HOSPICE ACADEMIC 
                   CAREER AWARDS.

       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, 
     $20,000,000, to remain available until expended, to establish 
     a program, consistent with section 753(b) of the Public 
     Health Service Act (42 U.S.C. 294c(b)), including paragraphs 
     (5)(A) and (5)(B) of such section 753(b) concerning the 
     amount and duration of awards, respectively, except that such 
     program shall be to provide awards to accredited schools of 
     medicine, osteopathic medicine, nursing, social work, 
     psychology, allied health, dentistry, or chaplaincy applying 
     on behalf of board-certified or board-eligible individuals in 
     hospice and palliative medicine that have an early-career 
     junior (non-tenured) faculty appointment at an accredited 
     school of medicine, or osteopathic medicine, nursing, social 
     work, psychology, allied health, dentistry, or chaplaincy, to 
     promote the academic career development of individuals as 
     hospice and palliative care specialists.

     SEC. 31012. FUNDING FOR HOSPICE AND PALLIATIVE NURSING.

       (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, $20,000,000, to remain available until 
     expended, to establish a program to award grants and 
     contracts to accredited schools of nursing, health care 
     facilities, programs leading to certification as a certified 
     nurse assistant, partnerships of such schools and facilities, 
     or partnerships of such programs and facilities to develop 
     and implement, in coordination with other hospice and 
     palliative care programs administered by the Department of 
     Health and Human Services, programs and initiatives to train 
     and educate individuals in providing interprofessional, 
     interdisciplinary, team-based palliative care in health-
     related educational, hospital, hospice, home, or long-term 
     care settings.
       (b) Use of Funds.--Amounts made available to an awardee 
     pursuant to subsection (a) shall be used to--
       (1) provide training to individuals who will provide 
     palliative care in health-related educational, hospital, 
     home, hospice, or long-term care settings;
       (2) develop and disseminate curricula relating to 
     palliative care in health-related educational, hospital, 
     home, hospice, or long-term care settings;
       (3) train faculty members in palliative care in health-
     related educational, hospital, home, hospice, or long-term 
     care settings; and
       (4) provide continuing education to individuals who provide 
     palliative care in health-related educational, home, hospice, 
     or long-term care settings.

     SEC. 31013. FUNDING FOR DISSEMINATION OF PALLIATIVE CARE 
                   INFORMATION.

       (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, to remain available until expended, 
     for the purpose described in subsection (b).
       (b) Use of Funds.--The Secretary, after consultation with 
     appropriate medical and other health professional societies 
     and palliative care and hospice stakeholders, shall use 
     amounts appropriated by subsection (a) to award grants or 
     contracts to public and nonprofit private entities to 
     disseminate information to inform patients, families, 
     caregivers, direct care workers, and health professionals 
     about the benefits of palliative care throughout the 
     continuum of care for patients with serious or life-
     threatening illness. Such awareness campaign shall include--
       (1) information, resources, communication, and education 
     materials about palliative care for patients and families 
     facing serious or life-threatening illnesses;
       (2) information regarding hospice and palliative care 
     services, including information on how such services may--
       (A) incorporate age-friendly, patient-centered, and family-
     centered support throughout the continuum of care for serious 
     and life-threatening illness;
       (B) anticipate, prevent, and treat pain;
       (C) optimize quality of life; and
       (D) facilitate and support the goals and values of patients 
     and families;
       (3) materials that explain the role of professionals 
     trained in hospice and palliative care in providing team-
     based care for patients and families throughout the continuum 
     of care for serious or life-threatening illness; and
       (4) materials for specific populations, including patients 
     with serious or life-threatening illness who are among 
     medically underserved populations (as defined in section 
     330(b)(3) of the Public Health Service Act (42 U.S.C. 
     254b(b)(3)) and families of such patients or health 
     professionals serving medically underserved populations.

                     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, $1,400,000,000 to remain available until 
     expended, for purposes of carrying out activities consistent 
     with subsection (b).
       (b) Use of Funds.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall use amounts made available pursuant to subsection (a) 
     for the following activities:
       (1) Supporting renovation, improvement, 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) the improvement and enhancement of testing and response 
     capacity;
       (B) improvements and expansion of the Laboratory Response 
     Network for rapid outbreak detection;
       (C) the improvement and expansion of genomic sequencing 
     capabilities to detect emerging diseases and variant strains; 
     and
       (D) the improvement and expansion of biosafety and 
     biosecurity capacity.

[[Page H6438]]

       (2) Enhancing the capacity of the laboratories of the 
     Centers for Disease Control and Prevention as described in 
     subparagraphs (A) through (D) of paragraph (1).
       (3) Enhancing the ability of the Centers for Disease 
     Control and Prevention to monitor and exercise oversight over 
     the biosafety and biosecurity of State and local public 
     health laboratories.

     SEC. 31022. 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, $1,300,000,000, to carry out activities to 
     prepare for, and respond to, public health emergencies 
     declared under section 319 of the Public Health Service Act 
     (42 U.S.C. 247d), as described in subsection (b), to remain 
     available until expended.
       (b) Use of Funds.--The Secretary, acting through the 
     Assistant Secretary for Preparedness and Response, shall use 
     amounts made available pursuant to subsection (a)--
       (1) to support surge capacity, including through 
     construction, expansion, or modernization of facilities, to 
     respond to a public health emergency, and for development, 
     procurement, and domestic manufacture of drugs, active 
     pharmaceutical ingredients, vaccines and other biological 
     products, diagnostic technologies and products, medical 
     devices (including personal protective equipment), 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) to support expanded global and domestic vaccine 
     production capacity and capabilities, including by developing 
     or acquiring new technology and expanding manufacturing 
     capacity through construction, expansion, or modernization of 
     facilities;
       (3) 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) 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) to support increased biosafety and biosecurity in 
     research on infectious diseases, including by modernization 
     or improvement of facilities.

     SEC. 31023. FUNDING FOR INFRASTRUCTURE MODERNIZATION AND 
                   INNOVATION AT THE FOOD AND DRUG ADMINISTRATION.

       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, with respect to improving 
     and modernizing infrastructure at the Food and Drug 
     Administration and enhancing food and medical product 
     safety--
       (1) $150,000,000 for improving technological 
     infrastructure, including through developing integrated 
     systems and improving the interoperability of information 
     technology systems; and
       (2) $150,000,000 for modernizing laboratory infrastructure 
     of, or used by, the Food and Drug Administration, including 
     modernization of facilities related to, and supporting, such 
     laboratory infrastructure, including through planning for, 
     and the construction, repair, improvement, extension, 
     alteration, demolition, and purchase of, fixed equipment or 
     facilities.

                       PART 3--MATERNAL MORTALITY

     SEC. 31031. 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, $100,000,000, to remain available until 
     expended, for carrying out a program to award grants or 
     contracts to community-based organizations, Indian Tribes and 
     Tribal organizations, Urban Indian organizations, Native 
     Hawaiian organizations, or other nonprofit organizations 
     working with a community-based organization, or consortia of 
     any such entities, 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 health (as described 
     in Healthy People 2030), including 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, 
     including clinical and community-based staff members that 
     provide direct care and support services to pregnant and 
     postpartum individuals.
       (4) Providing culturally congruent, linguistically 
     appropriate, and trauma-informed training to perinatal health 
     workers, including clinical and community-based staff members 
     that provide direct care and support services to pregnant and 
     postpartum individuals.
       (c) Technical Assistance.--Using amounts made available 
     under subsection (a), the Secretary shall--
       (1) conduct outreach to eligible entities to apply for 
     grants or contracts under subsection (a); and
       (2) provide technical assistance, including through a grant 
     or contract, to eligible entities receiving funding pursuant 
     to subsection (a).

     SEC. 31032. FUNDING FOR THE OFFICE OF MINORITY 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, $75,000,000, to remain available until 
     expended, for carrying out a program to award grants or 
     contracts to community-based organizations 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 Funds.--The Secretary, acting through the Deputy 
     Assistant Secretary for Minority Health, shall use amounts 
     made available under subsection (a) to award grants for the 
     following activities:
       (1) Addressing social determinants of health, including 
     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, 
     including clinical and community-based staff members that 
     provide direct care and support services to pregnant and 
     postpartum individuals.
       (4) Providing culturally congruent, linguistically 
     appropriate, and trauma-informed training to perinatal health 
     workers, including clinical and community-based staff members 
     that provide direct care and support services to pregnant and 
     postpartum individuals.
       (c) Technical Assistance.--Using amounts made available 
     under subsection (a), the Secretary shall--
       (1) conduct outreach to eligible entities to apply for 
     grants or contracts under subsection (a); and
       (2) provide technical assistance, including through a grant 
     or contract, to eligible entities receiving funding pursuant 
     to subsection (a).

     SEC. 31033. 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, $170,000,000, to remain available until 
     expended, for carrying out a program to award grants or 
     contracts to accredited schools of nursing for the purpose of 
     growing and diversifying the perinatal nursing workforce, 
     including through improving the capacity and supply of health 
     care providers.
       (b) Uses of Funds.--
       (1) Awardees.--Prioritizing students and registered nurses 
     who plan to practice or currently practice in a health 
     professional shortage area designated under section 332 of 
     the Public Health Service Act (42 U.S.C. 254e), amounts made 
     available to awardees by subsection (a) shall be used for the 
     following activities:
       (A) Providing scholarships to students, including those 
     from racial and ethnic groups underrepresented in the health 
     professions, 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.

[[Page H6439]]

       (B) Developing partnerships with practice settings in a 
     health professional shortage area designated under such 
     section 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, discrimination, 
     providing culturally competent care, or trauma-informed care.
       (D) Carrying out other activities under title VIII of the 
     Public Health Service Act for the purpose under subsection 
     (a).

     SEC. 31034. FUNDING FOR PERINATAL QUALITY COLLABORATIVES.

       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 a program to establish or support perinatal quality 
     collaboratives to improve perinatal care and perinatal health 
     outcomes for pregnant and postpartum individuals and their 
     infants.

     SEC. 31035. 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 carrying out a program to award grants or 
     contracts 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 any such 
     entities, including entities promoting multidisciplinary 
     approaches), to establish or expand programs to grow and 
     diversify the doula workforce, including through improving 
     the capacity and supply of health care providers.
       (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 who agree to work in underserved 
     communities after receiving such education and training.
       (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. 31036. 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 carrying out a program to award grants or 
     contracts 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 any such 
     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, including through improving the 
     capacity and supply of health care providers.
       (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. 31037. 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 carrying out a program to award grants or 
     contracts to community-based organizations, Indian Tribes and 
     Tribal 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, or consortia of any 
     such entities, 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--
       (A) the integration of mental health and substance use 
     disorder treatment services into primary care settings where 
     pregnant individuals regularly receive health care services; 
     and
       (B) the coordination between such primary care settings and 
     mental health and substance use disorder professionals who 
     treat maternal mental health conditions and substance use 
     disorders.
       (2) Establishing or expanding 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.
       (3) Establishing or expanding programs to prevent suicide 
     or self-harm among pregnant, lactating, and postpartum 
     individuals.
       (4) Establishing or expanding programs to provide education 
     and training to maternity care providers, with respect to 
     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 
     offering referrals to mental health substance use disorder 
     treatment professionals.
       (5) Raising awareness of, and addressing stigma associated 
     with, maternal mental health conditions and substance use 
     disorders, with a focus on pregnant, lactating, and 
     postpartum individuals from racial and ethnic minority 
     groups.
       (6) Carrying out other evidence-based or evidence-informed 
     programs to address maternal mental health conditions and 
     substance use disorders for pregnant and postpartum 
     individuals from racial and ethnic minority groups.

     SEC. 31038. 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 carrying out a program to award grants or 
     contracts 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, or consortia of any 
     such entities, 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. 31039. 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 carrying out a program to award grants or contracts to 
     minority-serving institutions described in section 371 of the 
     Higher Education Act of 1965 (20 U.S.C. 1067q) to study 
     maternal mortality, severe maternal morbidity, and maternal 
     health outcomes.
       (b) Use of Funds.--Amounts made available to an awardee 
     under subsection (a) shall be used for the purpose specified 
     in such subsection, including 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.

[[Page H6440]]

       (4) Conducting research on maternal morbidity and 
     mortality, with a focus on health disparities.
       (c) Technical Assistance.--Using amounts made available by 
     subsection (a), the Secretary shall conduct outreach to 
     minority-serving institutions (as described in section 371 of 
     the Higher Education Act of 1965 (20 U.S.C. 1067q))--
       (1) to inform and raise awareness of the availability 
     funding through a grant or contract awarded pursuant to this 
     section;
       (2) to provide technical assistance, including through a 
     grant or contract, on the application process for grants or 
     contracts awarded pursuant to subsection (a); and
       (3) to promote capacity building to eligible entities for 
     grant applications pursuant to subsection (a).

     SEC. 31040. 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. 31041. 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. 31042. 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 317C of the Public Health 
     Service Act (42 U.S.C. 247b-4) 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. 31043. 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. 31044. 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. 31045. 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), with respect to child health and human development and 
     activities of the Eunice Kennedy Shriver National Institute 
     of Child Health and Human Development described in section 
     448 of the Public Health Service Act (42 U.S.C. 285g), to 
     conduct or support research for interventions to mitigate the 
     effects of COVID-19 on pregnant, lactating, and postpartum 
     individuals, with a particular focus on individuals from 
     racial and ethnic minority groups.

     SEC. 31046. FUNDING FOR EXPANDING THE USE OF TECHNOLOGY-
                   ENABLED COLLABORATIVE LEARNING AND CAPACITY 
                   BUILDING 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 carrying out a program to award grants or 
     contracts to community-based organizations, Indian Tribes and 
     Tribal organizations, Urban Indian 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, or consortia of any such 
     entities, 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 and capacity building models (as 
     defined in section 330N of the Public Health Service Act (42 
     U.S.C. 254c-20)).
       (b) Use of Funds.--
       (1) Awardees.--A recipient of a grant or contract awarded 
     pursuant to subsection (a) shall use such amounts to--
       (A) train maternal health care providers, students, staff 
     of community-based organizations, and other entities 
     described in subsection (a) 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 and capacity building models 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. 31047. 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 carrying out a program to award grants or 
     contracts to community-based organizations, Indian Tribes and 
     Tribal organizations, Urban Indian 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, or consortia of any such 
     entities, 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 to an awardee 
     pursuant to subsection (a) shall be used for the purpose 
     specified in such subsection, including for increasing access 
     to telehealth technologies (as defined in section 330I of the 
     Public Health Service Act (42 U.S.C. 254c-14)) and digital 
     tools that could improve maternal health outcomes, such as 
     wearable technologies, patient portals, telehealth services, 
     and web-based and mobile phone applications, digital health 
     services, secure text messaging, online provider communities, 
     mobile clinical decision support services, and clinical tools 
     to increase diagnostic accuracy.
       (c) Technical Assistance.--Using amounts made available 
     under subsection (a), the Secretary shall provide technical 
     assistance, including through a grant or contract, to 
     eligible entities receiving funding pursuant to subsection 
     (a) on the development, use, evaluation, and post-grant 
     sustainability of digital tools designed to promote equity 
     and reduce disparities in maternal health outcomes.

[[Page H6441]]

  


     SEC. 31048. 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, $50,000,000, to remain available until 
     expended, for the purpose described in subsection (b).
       (b) Use of Funds.--The Secretary shall, with a focus on 
     maternal health providers, use amounts appropriated under 
     subsection (a) to carry out a program 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 4--OTHER PUBLIC HEALTH INVESTMENTS

     SEC. 31051. 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. 31052. FUNDING TO SUPPORT PEER RECOVERY SPECIALISTS.

       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, to carry out 
     section 509 of the Public Health Service Act (42 U.S.C. 
     290bb-2) with respect to strengthening recovery community 
     organizations and their statewide network of recovery 
     stakeholders.

     SEC. 31053. 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, 
     $15,000,000, 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. 31054. 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. 31055. FUNDING FOR COMMUNITY VIOLENCE AND TRAUMA 
                   INTERVENTIONS.

       (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 $2,500,000,000, to remain available until 
     expended, for the purposes described in subsection (b):
       (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, the Deputy Assistant 
     Secretary for Minority Health, and the Assistant Secretary 
     for the Administration for Children and Families, shall use 
     amounts appropriated by subsection (a) to support public 
     health-based interventions 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-informed, 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, social-emotional learning and school-
     based mental health services, workforce development services, 
     and other services that prevent or mitigate the impact of 
     trauma, build appropriate skills, or promote resilience; and
       (2) supporting training, technical assistance, research, 
     evaluation, public health surveillance systems, data 
     collection, and coordination among relevant stakeholders, 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.
       (d) Expenditure Requirement.--All expenditures made 
     pursuant to subsection (a) shall be made on or before 
     September 30, 2031.

     SEC. 31056. 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, 
     $5,000,000, 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. 31057. 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, 
     $75,000,000, to remain available until expended, for 
     necessary expenses 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 and section 2692(a) of such Act (42 U.S.C. 300ff-
     111(a)).

     SEC. 31058. FUNDING FOR CLINICAL SERVICES DEMONSTRATION 
                   PROJECT.

       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, 
     $60,000,000, to remain available until expended, to, acting 
     through the Administrator of the Health Resources and 
     Services Administration, carry out a program to award grants 
     or contracts to public and private nonprofit clinics for the 
     provision of clinical services, pursuant to a demonstration 
     project under section 318(b)(2) of the Public Health Service 
     Act (42 U.S.C. 247c(b)(2)).

     SEC. 31059. FUNDING TO SUPPORT THE LIFESPAN RESPITE CARE 
                   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, 
     $5,000,000, to remain available until expended, for carrying 
     out title XXIX of the Public Health Service Act.

     SEC. 31060. FUNDING TO INCREASE RESEARCH CAPACITY AT CERTAIN 
                   INSTITUTIONS.

       (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 the purposes described in subsection (b).
       (b) Use of Funds.--The Secretary, acting through the 
     Director of the National Institutes of Health, shall use 
     amounts made available under subsection (a) to--
       (1) maintain and expand programs to increase research 
     capacity at minority-serving institutions (as described in 
     section 371 of the Higher Education Act of 1965 (20 U.S.C. 
     1067q)), including by supporting the Path to Excellence and 
     Innovation program of the National Institutes of Health;
       (2) support centers of excellence under sections 464z-4 and 
     736 of the Public Health Service Act (42 U.S.C. 285t-1, 293);
       (3) support efforts to diversify the national scientific 
     workforce and expand recruitment and retention of individuals 
     who are--
       (A) underrepresented in the biomedical, clinical, 
     behavioral, and social sciences; and
       (B) from disadvantaged backgrounds; and
       (4) support and expand the activities of the Scientific 
     Workforce Diversity Office of the National Institutes of 
     Health.

     SEC. 31061. FUNDING FOR RESEARCH RELATED TO DEVELOPMENTAL 
                   DELAYS.

       (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, to remain available until 
     expended, for the purpose described in subsection (b).
       (b) Use of Funds.--The Secretary, acting through the 
     Director of the National Institutes of Health, shall use 
     amounts appropriated by subsection (a) to conduct or support 
     research related to developmental delays, including speech 
     and language delays in infants and toddlers, characterizing 
     speech and language development and outcomes in infants and 
     toddlers through early adolescence. Such research shall 
     include studies, including longitudinal studies, conducted or 
     supported by the National Institute on Deafness and Other 
     Communication Disorders, the Eunice Kennedy Shriver National 
     Institute of Child Health and Human Development, and other 
     relevant institutes and centers of the National Institutes of 
     Health.
       (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 to conduct or support research related to 
     developmental delays, including speech and language delays, 
     in infants, toddlers, and children.

     SEC. 31062. SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER 
                   HEALTH PROGRAM.

       (a) In General.--Title XXXIII of the Public Health Service 
     Act 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) Use 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

[[Page H6442]]

     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.''.
       (b) Conforming Amendments.--Title XXXIII of the Public 
     Health Service Act is amended--
       (1) 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'';
       (2) 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'';
       (3) in section 3331 (42 U.S.C. 300mm-41)--
       (A) in subsection (a), by inserting ``and the World Trade 
     Center Health Program Supplemental Fund'' before the period 
     at the end; and
       (B) 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
       (4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
       (A) 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
       (B) 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.

                   PART 5--NATIVE HAWAIIAN PROVISIONS

     SEC. 31071. NATIVE HAWAIIAN HEALTH CARE SYSTEMS.

       (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 
     September 30, 2031, for the Secretary, not later than 180 
     days after the date of enactment of this Act, to award grants 
     to, or enter into contracts with, Papa Ola Lokahi to support 
     services described in section 6(c) of the Native Hawaiian 
     Health Care Improvement Act (42 U.S.C. 11705(c)) in 
     accordance with this section.
       (b) Use of Funds.--Amounts made available to an awardee 
     pursuant to subsection (a) shall be used for--
       (1) the purchase, construction, alteration, renovation, or 
     equipping of health facilities;
       (2) maintenance and improvement projects;
       (3) information technology, telehealth infrastructure, 
     electric health records systems, and medical equipment; and
       (4) awarding grants to, or entering into contracts with, 
     Native Hawaiian health care systems (directly, or through 
     subgrants or subcontracts) to support services described in 
     section 6(c) of the Native Hawaiian Health Care Improvement 
     Act (42 U.S.C. 11705(c)), on the condition that such grants 
     or contracts may only be used for the purposes and uses 
     described in paragraphs (1) through (3).
       (c) Waiver of Certain Restrictions.--Subsections (e) and 
     (f)(4) of section 6 of the Native Hawaiian Health Care 
     Improvement Act (42 U.S.C. 11705(e), 11705(f)(4)) shall not 
     apply to grants (or subgrants) made using amounts made 
     available under subsection (a).
       (d) Definitions.--In this section:
       (1) Native hawaiian health care system.--The term ``Native 
     Hawaiian health care system'' has the meaning given the term 
     in section 12 of the Native Hawaiian Health Care Improvement 
     Act (42 U.S.C. 11711).
       (2) Papa ola lokahi.--The term ``Papa Ola Lokahi'' has the 
     meaning given the term in section 12 of the Native Hawaiian 
     Health Care Improvement Act (42 U.S.C. 11711).

     SEC. 31072. NATIVE HAWAIIAN HEALTH IMPROVEMENT 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, $224,000,000, to remain available until 
     September 30, 2031, to award grants to eligible Native 
     Hawaiian entities to improve the health status of Native 
     Hawaiians, including by providing to Native Hawaiians 
     comprehensive health promotion services, disease prevention 
     services, and primary health services, as described in 
     section 6(c) of the Native Hawaiian Health Care Improvement 
     Act (42 U.S.C. 11705(c)).
       (b) Definition of Eligible Native Hawaiian Entity.--In this 
     section, the term ``eligible Native Hawaiian entity'' means--
       (1) Papa Ola Lokahi (as defined in section 12 of the Native 
     Hawaiian Health Care Improvement Act (42 U.S.C. 11711));
       (2) a Native Hawaiian health care system (as defined in 
     section 12 of that Act (42 U.S.C. 11711));
       (3) a Native Hawaiian organization (as defined in section 
     12 of that Act (42 U.S.C. 11711));
       (4) a consortium of 2 or more entities described in 
     paragraphs (1) through (3); and
       (5) a consortium that contains at least 1 entity described 
     in any of paragraphs (1) through (3).

     SEC. 31073. NATIVE HAWAIIAN HEALTH CARE SYSTEMS LIABILITY 
                   COVERAGE.

       (a) In General.--Subject to subsections (b) and (c), the 
     Secretary shall apply section 102(d) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5321(d)) to--
       (1) a Native Hawaiian health care system that receives a 
     grant from or enters into a contract with the Secretary under 
     section 6 of the Native Hawaiian Health Care Improvement Act 
     (42 U.S.C. 11705) to the same extent as section 102(d) of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5321(d)) applies to an Indian Tribe, a Tribal 
     organization, and an Indian contractor that carries out a 
     contract, grant agreement, or cooperative agreement, as 
     applicable, under section 102 or 103 of that Act (25 U.S.C. 
     5321, 5322); and
       (2) the employees of a Native Hawaiian health care system 
     that receives a grant from or enters into a contract with the 
     Secretary under section 6 of the Native Hawaiian Health Care 
     Improvement Act (42 U.S.C. 11705) to the same extent as 
     section 102(d) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5321(d)) applies to the employees 
     of an Indian Tribe, a Tribal organization, or an Indian 
     contractor that carries out a contract, grant agreement, or 
     cooperative agreement, as applicable, under section 102 or 
     103 of that Act (25 U.S.C. 5321, 5322).
       (b) Effective Date.--For purposes of subsection (a), each 
     reference to December 22, 1987, and the reference to the date 
     of enactment of the Indian Self-Determination and Education 
     Assistance Act Amendments of 1990 contained in section 102(d) 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5321(d)) shall be deemed to be a reference to the 
     date of enactment of this section.
       (c) Sunset.--This section shall cease to have force or 
     effect on October 1, 2031.

                   Subtitle J--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, $470,000,000, to remain available 
     until September 30, 2030, to make grants to eligible entities 
     for implementing and maintaining Next Generation 9-1-1 in 
     accordance with subsection (b).
       (2) Administrative expenses.--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, $20,000,000, to remain 
     available until September 30, 2030, to administer this 
     section.
       (b) Use of Funds.--An eligible entity may use grant funds 
     received under this section for--
       (1) reasonable costs associated with planning, 
     implementation, and development activities, including such 
     activities related to the grant application;
       (2) deployment, operation, and maintenance of interoperable 
     and reliable Next Generation 9-1-1, including ensuring the 
     cybersecurity of Next Generation 9-1-1; and
       (3) training of personnel related to Next Generation 9-1-1.
       (c) Clawback.--The Assistant Secretary shall recover some 
     or all of the grant funds made available to an eligible 
     entity under this section if--
       (1) the eligible entity uses the funds for any other 
     purpose than those set forth in subsection (b);
       (2) the eligible entity fails to establish a funding 
     mechanism for Next Generation 9-1-1 sufficient to cover 
     operations, maintenance, and upgrade costs within 3 years of 
     the establishment of the grant program;
       (3) the eligible entity engages in the diversion of any 9-
     1-1 fee or charge imposed by the eligible entity; or
       (4) the eligible entity uses funds 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)).

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

       In addition to amounts otherwise available, there is 
     appropriated to the National Telecommunications and 
     Information Administration for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated, $9,000,000, 
     to remain available until September 30, 2030, for the 
     establishment of a Next Generation 9-1-1 Cybersecurity Center 
     to coordinate with State, local, and regional governments on 
     the sharing of cybersecurity information about, the analysis 
     of cybersecurity threats to, and 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 National Telecommunications and 
     Information Administration for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated, $1,000,000, 
     to remain available until September 30, 2030, to establish a 
     16-member Public Safety Next Generation 9-1-1 Advisory Board, 
     consisting of public safety officials and 9-1-1 professionals 
     from diverse backgrounds and with the necessary technical 
     expertise, 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 under 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 the 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--

[[Page H6443]]

       (A) ensure interoperability by enabling emergency 
     communications centers to receive, process, and analyze all 
     types of 9-1-1 requests for emergency assistance (including 
     multimedia and data) and share 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 any other factor; and
       (B) are developed and approved by a standards development 
     organization that is accredited by a United States or 
     international standards body through a process--
       (i) that is consensus-based and open for participation, 
     provides conflict resolution, and invites comment; and
       (ii) through which standards are made publicly available 
     once approved.
       (4) Eligible entity.--The term ``eligible entity'' means a 
     State or a Tribal organization that has--
       (A) named a single point of contact to coordinate the 
     implementation of Next Generation 9-1-1; and
       (B) developed and submitted a plan for the coordination and 
     implementation of Next Generation 9-1-1 consistent with any 
     requirements of the Assistant Secretary.
       (5) 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;
       (D) supports sharing information related to 9-1-1 requests 
     for emergency assistance among emergency communications 
     centers and emergency response providers without the need for 
     proprietary interfaces and regardless of jurisdiction, 
     equipment, device, software, service provider, or any other 
     factor; and
       (E) ensures reliability by enabling ongoing operation, 
     including through the use of geo-diverse device and network 
     agnostic elements that provide more than 1 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.
       (6) State.--The term ``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.

           Subtitle K--Other Matters Related to Connectivity

     SEC. 31201. OUTREACH.

       In addition to amounts otherwise available, there is 
     appropriated to the Federal Communications 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, to conduct outreach and provide 
     education to the public regarding the broadband and 
     communications affordability programs of the Federal 
     Communications Commission to raise awareness about the 
     programs and help consumers access the programs.

     SEC. 31202. FUTURE OF TELECOMMUNICATIONS COUNCIL.

       In addition to amounts otherwise available, there is 
     appropriated to the Secretary of Commerce for fiscal year 
     2022, out of any money in the Treasury not otherwise 
     appropriated, $7,000,000, to remain available until September 
     30, 2031, to establish a council of 14 members in 
     coordination with the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Energy and 
     Commerce of the House of Representatives, the Deputy 
     Secretary of Commerce, the Assistant Secretary of Commerce 
     for Communications and Information, the Under Secretary of 
     Commerce for Standards and Technology, the Chair of the 
     Federal Communications Commission, the Director of the 
     National Science Foundation, the Majority Leader of the 
     Senate, and the Speaker of the House of Representatives, to 
     be known as the ``Future of Telecommunications Council'', to 
     advise Congress on the development and adoption of 6G and 
     other advanced wireless communications technologies, 
     including ensuring equity in access to those technologies for 
     communities of color and rural communities.

     SEC. 31203. AFFORDABILITY.

       (a) Definitions.--In this section:
       (1) Broadband; broadband service.--The term ``broadband'' 
     or ``broadband service'' has the meaning given the term 
     ``broadband internet access service'' in section 8.1 of title 
     47, Code of Federal Regulations, or any successor regulation.
       (2) Covered broadband service.--The term ``covered 
     broadband service'' means broadband service being delivered 
     through a broadband network that can easily scale speeds over 
     time to--
       (A) meet the evolving connectivity needs of households and 
     businesses; and
       (B) support the deployment of 5G, successor wireless 
     technologies, and other advanced services.
       (3) Covered public-private partnership.--The term ``covered 
     public-private partnership'' means a partnership between--
       (A) a State, 1 or more political subdivisions of a State, a 
     utility (including a utility cooperative), a public utility 
     district, a nonprofit organization, a regional planning 
     council, or an economic development authority; and
       (B) a provider of covered broadband service.
       (4) State.--The term ``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.
       (b) Funding.--
       (1) Pilot projects.--In addition to amounts otherwise 
     available, there is appropriated to the National 
     Telecommunications and Information Administration for fiscal 
     year 2022, out of any money in the Treasury not otherwise 
     appropriated, $280,000,000, to remain available until 
     September 30, 2031, for grants to covered public-private 
     partnerships for pilot projects to increase access to 
     affordable covered broadband service in urban communities, 
     including communities of color and for low- and middle-income 
     consumers, through long-term solutions for such 
     affordability.
       (2) Administration.--In addition to amounts otherwise 
     available, there is appropriated to the National 
     Telecommunications and Information Administration for fiscal 
     year 2022, out of any money in the Treasury not otherwise 
     appropriated, $15,000,000, to remain available until 
     September 30, 2031, to administer this section.
       (3) Advisory committee.--In addition to amounts otherwise 
     available, there is appropriated to the National 
     Telecommunications and Information 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, to establish an advisory committee of 12 members 
     consisting of experts on broadband affordability from diverse 
     backgrounds, to be known as the ``Affordable Urban and 
     Suburban Broadband Advisory Committee'', to advise the 
     National Telecommunications and Information Administration, 
     the Federal Communications Commission, and Congress on ways 
     to make broadband more affordable for urban and suburban 
     broadband subscribers, including for communities of color and 
     low- and middle-income consumers, through long-term solutions 
     for such affordability.

     SEC. 31204. ACCESS TO DEVICES.

       (a) Definitions.--In this section:
       (1) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (2) Connected device.--The term ``connected device'' means 
     any of the following devices that meets minimum standards 
     established by the Assistant Secretary:
       (A) A WiFi-enabled desktop computer.
       (B) A WiFi-enabled laptop computer.
       (C) A WiFi-enabled tablet computer.
       (D) Any similar WiFi-enabled device (except for a telephone 
     or smartphone).
       (3) Connected device distribution program.--The term 
     ``connected device distribution program'' means a program 
     approved by the Assistant Secretary that makes available 
     connected devices for free or at a low cost to an eligible 
     household.
       (4) Eligible household.--The term ``eligible household'' 
     means a household in which--
       (A) at least one member of the household meets the 
     qualifications for the Lifeline program of the Federal 
     Communications Commission, except that a household shall be 
     deemed to meet the income component of those qualifications 
     if the household's income is at or below 200 percent of the 
     Federal Poverty Guidelines for a household of that size;
       (B) at least one member of the household has applied for 
     and been approved to receive benefits under the free and 
     reduced price lunch program or the school breakfast program;
       (C) at least one member of the household has received a 
     Federal Pell Grant in the current award year, if such award 
     is verifiable through the National Verifier or National 
     Lifeline Accountability Database or a connected device 
     distribution program verifies eligibility; or
       (D) at least one member of the household receives 
     assistance through the special supplemental nutritional 
     program for women, infants, and children.
       (b) Connected Device Grant Program.--
       (1) Appropriations.--
       (A) 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, $475,000,000, to remain available 
     until September 30, 2031, for the awarding of grants to 
     connected device distribution programs in accordance with 
     this section.
       (B) Administration.--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, $20,000,000, to remain available 
     until September 30, 2031, to administer this section, 
     including providing technical assistance to a connected 
     device distribution program.
       (C) Outreach.--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, $5,000,000, to remain available until September 
     30, 2031, to conduct outreach related to the availability of 
     grants under this section.
       (2) Use of funds.--
       (A) In general.--A connected device distribution program 
     shall use grant funds received under this section for--
       (i) the reasonable purchase or refurbishment cost of 
     connected devices for distribution to eligible households 
     consistent with this section; and
       (ii) the reasonable administrative costs associated with 
     the distribution of connected devices described in clause 
     (i).
       (B) Limitation.--A connected device distribution program 
     may use grant funds received under this section to provide 
     not more than--
       (i) 1 connected device to an eligible household that 
     includes not more than 2 members over the age of 6; or
       (ii) 2 connected devices to an eligible household that 
     includes not fewer than 3 members over the age of 6.
       (3) Clawback.--If a connected device distribution program 
     is found to have used grant

[[Page H6444]]

     funds awarded under this section in a manner not permitted 
     under this section or is found to have otherwise violated a 
     requirement under this section, the Assistant Secretary shall 
     recover from the program some or all of the grant funds 
     awarded to the program.

                     Subtitle L--Distance Learning

     SEC. 31301. ADDITIONAL SUPPORT FOR DISTANCE LEARNING.

       (a) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated 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) for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $300,000,000, to remain 
     available until September 30, 2030, to provide support under 
     the covered regulations promulgated under subsection (a) of 
     that section, except that that 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 that section).
       (b) Limitation.--None of the funds appropriated under 
     subsection (a) 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 M--Manufacturing Supply Chain and Tourism

     SEC. 31401. MANUFACTURING 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, $5,000,000,000, to 
     remain available until September 30, 2026, to the Office of 
     the Secretary of Commerce, to support the resilience of 
     manufacturing supply chains affecting interstate commerce and 
     related administrative costs, by--
       (1) mapping and monitoring manufacturing supply chains;
       (2) facilitating and supporting the establishment of 
     voluntary standards, guidelines, and best practices relevant 
     to the resilience of manufacturing supply chains;
       (3) identifying, accelerating, promoting, demonstrating, 
     and deploying technological advances for manufacturing supply 
     chains; and
       (4) providing grants, loans, and loan guarantees to 
     maintain and improve manufacturing supply chain resiliency.

     SEC. 31402. DESTINATION MARKETING ORGANIZATION GRANT PROGRAM 
                   TO PROMOTE SAFE DOMESTIC TRAVEL.

       (a) Grants for Domestic Marketing Organizations.--In 
     addition to amounts otherwise available, there is 
     appropriated for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $47,500,000, to remain 
     available until September 30, 2024, to the Secretary of 
     Commerce to award grants to destination marketing 
     organizations, including public or public-private entities 
     that perform the functions of a destination marketing 
     organization as determined by the Secretary, to conduct 
     marketing activities to promote domestic travel within the 
     United States, including with respect to current travel 
     requirements and safe travel practices, with preference to 
     destination marketing organizations promoting a town, city, 
     State, or region where the civilian labor force in the 
     accommodation, leisure, and hospitality sector has suffered, 
     and continues to suffer, significant job losses as a result 
     of the COVID-19 pandemic, as determined by the Secretary.
       (b) Administrative Costs.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated, 
     $1,500,000, to remain available until September 30, 2027, to 
     the Secretary of Commerce for administrative costs associated 
     with providing grants under subsection (a).
       (c) Data on Domestic Travel and Tourism.--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, to remain available until September 
     30, 2027, to the Secretary of Commerce to collect data on 
     domestic travel and tourism in the United States, including 
     the impact of the COVID-19 pandemic on domestic travel and 
     tourism.

                  Subtitle N--FTC Privacy Enforcement

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

       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, 2029, to the Federal Trade 
     Commission 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 its work related to unfair or 
     deceptive acts or practices relating to privacy, data 
     security, identity theft, data abuses, and related matters.

     SEC. 31502. FEDERAL TRADE COMMISSION.

       Section 5(m)(1)(A) of the Federal Trade Commission Act (15 
     U.S.C. 45(m)(1)(A)) is amended--
       (1) by inserting ``this Act's prohibition of unfair or 
     deceptive acts or practices or'' after ``violates'' the first 
     place it appears; and
       (2) by inserting ``a violation of this Act or'' after 
     ``unfair or deceptive and''.

          Subtitle O--Department of Commerce Inspector General

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

       In addition to amounts otherwise available, there is 
     appropriated for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $5,000,000, to remain 
     available until September 30, 2030, to the Office of 
     Inspector General of the Department of Commerce 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, to remain available until September 
     30, 2031, 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) $53,000,000,000, to remain available until September 
     30, 2026, 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) $1,200,000,000, to remain available until September 30, 
     2026, 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 and 
     assisted housing, and to transform neighborhoods of poverty 
     into functioning, sustainable mixed-income neighborhoods;
       (4) $750,000,000, to remain available until September 30, 
     2031, 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; and
       (5) $50,000,000, to remain available until September 30, 
     2031, to make new awards or increase prior awards to existing 
     technical assistance providers to provide an increase in 
     capacity building and technical assistance available to 
     entities eligible for funding for activities or projects 
     consistent with this section.
       (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, a public housing agency, or an owner of an 
     assisted housing property.
       (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). A local 
     government must be a joint applicant with an owner of an 
     assisted housing property 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).
       (5) Low-income and affordable 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))), HUD-
     assisted housing, and affordable housing, which shall be 
     housing for which the owner of the project shall record an 
     affordability use restriction approved by the Secretary for 
     households earning up to 120 percent of the area median 
     income and is subject to the period of affordability under 
     paragraph (3) of this subsection.
       (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) Recapture.--If the Secretary recaptures funding 
     allocated by formula from a public housing agency under 
     subsection (a)(1), such recaptured amounts shall be added to 
     the amounts

[[Page H6445]]

     available under subsection (a)(2), and shall be obligated by 
     the Secretary prior to the expiration of such funds.
       (6) 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.
       (7) 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 notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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) $9,925,000,000, to remain available until September 30, 
     2026, for activities and assistance for the HOME Investment 
     Partnerships Program (in this section referred to as the 
     ``HOME program''), as authorized under sections 241 through 
     242, 244 through 253, 255 through 256, and 281 through 290 of 
     the Cranston-Gonzalez National Affordable Housing Act (42 
     U.S.C. 12741-12742, 42 U.S.C. 12744-12753, 42 U.S.C. 12755-
     12756, 42 U.S.C. 12831-12840) (in this section referred to as 
     ``NAHA''), subject to the terms and conditions paragraph 
     (1)(A) of subsection (b);
       (2) $14,925,000,000, to remain available until September 
     30, 2026, for activities and assistance for the HOME 
     Investment Partnerships Program, as authorized under sections 
     241 through 242, 244 through 253, 255 through 256, and 281 
     through 290 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12741-12742, 42 U.S.C. 12744-12753, 42 
     U.S.C. 12755-12756, 42 U.S.C. 12831-12840), subject to the 
     terms and conditions in paragraphs (1)(B) and (2) of 
     subsection (b);
       (3) $50,000,000, to remain available until September 30, 
     2031, to make new awards or increase prior awards to existing 
     technical assistance providers to provide an increase in 
     capacity building and technical assistance available to any 
     grantees implementing activities or projects consistent with 
     this section; and
       (4) $100,000,000, to remain available until September 30, 
     2031, 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, and other cross-program costs in support of 
     programs administered by the Secretary in this title, and 
     other costs.
       (b) Terms and Conditions.--
       (1) Formulas.--
       (A) The Secretary shall allocate amounts made available 
     under subsection (a)(1) pursuant to section 217 of NAHA (42 
     U.S.C. 12747) to grantees that received allocations pursuant 
     to that same formula in fiscal year 2021 and shall make such 
     allocations within 60 days of the enactment of this Act.
       (B) 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), 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 the Cranston-
     Gonzalez National Affordable Housing Act specified in 
     subsection (a)(1) or (a)(2) or regulation for the 
     administration of the 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, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section to 
     ensure that such programs, projects, or activities are 
     completed in a timely and effective manner.

     SEC. 40003. HOUSING INVESTMENT 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, to 
     remain available until September 30, 2026--
       (1) $740,000,000 to the Department of the Treasury to 
     establish the Housing Investment Fund established by this 
     section within the Community Development Financial 
     Institutions Fund (in this section referred to as 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 who are renters, and for 
     homeowners with incomes up to 120 percent of the area median 
     income, and for economic development and community facilities 
     related to such housing and to further fair housing; and
       (2) $10,000,000 for the costs to the CDFI Fund of 
     administering and overseeing the implementation of this 
     section, including information technology, financial 
     reporting, research and evaluations, and other costs.
       (b) Eligible Grantees.--A grant under this section may be 
     made, pursuant to such requirements as the CDFI Fund shall 
     establish, 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);
       (2) a nonprofit organization having as one of its principal 
     purposes the creation, development, or preservation of 
     affordable housing, 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.
       (c) Eligible Uses.--Eligible uses for grant amounts awarded 
     from the Housing Investment Fund pursuant to this section 
     shall--
       (1) 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; and
       (2) include activities--
       (A) to provide loan loss reserves;
       (B) 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 housing, including to support 
     the creation, preservation, or rehabilitation of resident-
     owned manufactured housing communities;
       (C) 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;
       (D) 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;
       (E) for risk-sharing loans;
       (F) to provide loan guarantees; and
       (G) to fund rental housing operations.
       (d) Implementation.--The CDFI Fund shall have the authority 
     to issue such regulations, notice, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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) $450,000,000 for capital advances, including amendments 
     to capital advance contracts, for supportive housing for 
     persons with disabilities, as authorized by section 811(b)(2) 
     of the Cranston-Gonzalez National Affordable Housing Act (42 
     U.S.C. 8013(b)(2)) (in this section referred to as the 
     ``Act''), and subject to subsections (a) through (h)(4), 
     (h)(6) through (i)(1)(C), and (i)(2) through (m) of such 
     section 811 (42 U.S.C. 8013(a)-42 U.S.C. 8013(h)(4), 42 
     U.S.C. 8013(h)(6)-42 U.S.C. 8013(i)(1)(C), 42 U.S.C. 
     8013(i)(2)-42 U.S.C. 8013(m)), 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) $7,500,000 for providing technical assistance to 
     support State-level efforts to integrate

[[Page H6446]]

     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 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) $42,500,000 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.
     Amounts appropriated by this section shall remain available 
     until September 30, 2031.
       (b) Limitations on Costs.--When awarding grants under 
     paragraph (1) of subsection (a), the Secretary shall 
     establish and assess reasonable development cost limitations 
     by market area for various types and sizes of supportive 
     housing for persons with disabilities. The Secretary shall 
     not count owner or sponsor contributions of other funding or 
     assistance against the overall cost of a project.
       (c) Occupancy Standards.--The owner or sponsor of housing 
     assisted with funds provided under this section may, with the 
     approval of the Secretary, limit occupancy with the housing 
     to persons with disabilities who can benefit from the 
     supportive services offered in connection with the housing.
       (d) Waivers.--The Secretary may waive or specify 
     alternative requirements for subsection (c) or (bb) of 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f (c), 1437f(bb)) upon a finding that the waiver or 
     alternative requirement is necessary to facilitate the use of 
     amounts made available under this section.
       (e) Implementation.--The Secretary shall have authority to 
     issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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) $450,000,000 for the Supportive Housing for the Elderly 
     Program authorized under section 202 of the Housing Act of 
     1959, and subject to subsections (a) through (g), (h)(2) 
     through (h)(5), and (i) through (m) of such section 202 (12 
     U.S.C. 1701q(a)-12 U.S.C. 1701q(g), 12 U.S.C. 1701q(h)(2)-12 
     U.S.C. 1701q(h)(5), 12 U.S.C. 1701q(i)-12 U.S.C. 1701q(m)) 
     (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 new section 8 project-based rental assistance 
     contracts under section 8(b) of the United States Housing Act 
     of 1937 Act (42 U.S.C. 1437f(b)), subject to subsection (c) 
     of this section, with the Secretary setting the terms of such 
     project-based rental assistance contracts, including the 
     duration and provisions regarding rent setting and rent 
     adjustment, to support the capital advance projects funded 
     under this section; and
       (C) for service coordinators;
       (2) $7,500,000, 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 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) $42,500,000 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.
     Amounts appropriated by this section shall remain available 
     until September 30, 2031.
       (b) Limitation on Costs.--When awarding grants under 
     paragraph (1) of subsection (a), the Secretary shall 
     establish and assess reasonable development cost limitations 
     by market area for various types and sizes of supportive 
     housing for the elderly. The Secretary shall not count owner 
     or sponsor contributions of other funding or assistance 
     against the overall cost of a project.
       (c) Waivers.--The Secretary may waive or specify 
     alternative requirements for any provision of subsection (c) 
     or (bb) of section 8 of the United States Housing Act of 1937 
     (42 U.S.C. 1437f (c), 1437f(bb)) 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, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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) $1,770,000,000, to remain available until September 30, 
     2028, for the cost of providing direct loans, including the 
     costs of modifying such loans, and for grants, as provided 
     for and subject to terms and conditions in subsection (b), 
     including to subsidize gross obligations for the principal 
     amount of direct loans, not to exceed $4,000,000,000, to fund 
     projects that improve the energy or water efficiency, indoor 
     air quality and sustainability improvements, 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) $25,000,000, to remain available until September 30, 
     2030, 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;
       (3) $120,000,000, to remain available until September 30, 
     2029, 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) $85,000,000, to remain available until September 30, 
     2028, 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.
       (b) Loan and Grant Terms and Conditions.--Amounts made 
     available under this section shall be for direct loans, 
     grants, and direct loans that can be converted to grants to 
     eligible recipients that agree to an extended period of 
     affordability for the property.
       (c) Definitions.--As used in this section--
       (1) the term ``eligible recipient'' means any owner or 
     sponsor of an eligible property; and
       (2) the term ``eligible property'' means a property 
     receiving project-based assistance pursuant to--
       (A) section 202 of the Housing Act of 1959 (12 U.S.C. 
     1701q);
       (B) section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013); or
       (C) section 8(b) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(b))
       (d) Waiver.--The Secretary may waive or specify alternative 
     requirements for any provision of subsection (c) or (bb) of 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(c), 1437f(bb)) upon a finding that the waiver or 
     alternative requirement is necessary to facilitate the use of 
     amounts made available under this section.
       (e) Implementation.--The Secretary shall have authority to 
     issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section to 
     ensure that such programs, projects, or activities are 
     completed in a timely and effective manner.

     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 (in this section referred to as the 
     ``Secretary'') for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated--
       (1) $1,550,000,000 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) $50,000,000 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.
     Amounts appropriated by this section shall remain available 
     until September 30, 2029.
       (b) Loan Terms and Conditions.--
       (1) Eligibility.--Owners or sponsors of multifamily housing 
     projects who meet each of the following requirements shall be 
     eligible for loan assistance under this section:
       (A) The multifamily housing project, including any project 
     from which assistance has been approved to be transferred has 
     deficiencies that cause the project to be at risk of physical 
     obsolescence or economic non-viability.
       (B) The actual rents received by the owner or sponsor of 
     the distressed property would not adequately sustain the debt 
     needed to make necessary physical improvements.
       (C) The owner or sponsor meets any such additional 
     eligibility criteria as the Secretary determines to be 
     appropriate, considering factors that contributed to the 
     project's deficiencies.
       (2) Use of loan funds.--Each recipient of loan assistance 
     under this section may only use such loan assistance to make 
     necessary physical improvements.

[[Page H6447]]

       (3) Loan availability.--The Secretary shall only provide 
     loan assistance to an owner or sponsor of a multifamily 
     housing project when such assistance, considered with other 
     financial resources available to the owner or sponsor, is 
     needed to make the necessary physical improvements.
       (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 (6), 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 project:
       (A) Waive any due on sale or due on refinancing 
     restriction.
       (B) Consent to the terms of new debt to which the loans may 
     be subordinate, even if such new debt would impact the 
     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 project that is subject to the 
     loan by extending any existing affordable housing use 
     agreements for an additional 30 years or, if the project 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, 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 by the secretary.--In the case of 
     any property with respect to which assistance is provided 
     under this section that has a mortgage insured by the 
     Secretary, the Secretary may use funds available under this 
     section as necessary to pay for the costs of modifying such 
     loan.
       (c) Definitions.--As used in this section--
       (1) the term ``multifamily housing project'' means a 
     project consisting of five or more dwelling units assisted or 
     approved to receive a transfer of assistance, 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 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); and
       (2) the term ``necessary physical improvements'' means new 
     construction or capital improvements to an existing 
     multifamily housing project that the Secretary determines are 
     necessary to address the deficiencies or that rise to such a 
     level that delaying physical improvements to the project 
     would be detrimental to the longevity of the project as 
     suitable housing for occupancy.
       (d) Waiver.--The Secretary may waive or specify alternative 
     requirements for any provision of subsection (c) or (bb) of 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(c), 1437f(bb)) upon a finding that the waiver or 
     alternative requirement is necessary to facilitate the use of 
     amounts made available under this section.
       (e) Implementation.--The Secretary shall have the authority 
     to issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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 Rural Housing Service 
     of the Department of Agriculture for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated--
       (1) $1,800,000,000, to remain available until September 30, 
     2029, for the Administrator of the Rural Housing Service for 
     making loans and grants for 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 for other purposes described 
     under section 514 of the Housing Act of 1949 (42 U.S.C. 
     1484), subsections (a)(1) through (a)(2), (b)(1) through 
     (b)(3), (b)(5) through (aa)(2)(A), and (aa)(4) of section 515 
     of such Act (42 U.S.C. 1485(a)(1)-42 U.S.C. 1485(a)(2), 42 
     U.S.C. 1485(b)(1)-(b)(3), 42 U.S.C. 1485(b)(5)-42 U.S.C. 
     1485(aa)(2)(A), 42 U.S.C. 1485(aa)(4)), and 516 of such act 
     (42 U.S.C. 1486), subject to the terms and conditions in 
     subsection (b);
       (2) $100,000,000, to remain available until September 30, 
     2029, to provide continued assistance pursuant to section 
     3203 of the American Rescue Plan Act of 2021; and
       (3) $100,000,000, to remain available until September 30, 
     2030, for the costs to the Rural Housing Service of the 
     Department of Agriculture 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 
     Administrator of the Rural Housing Service of the Department 
     of Agriculture shall provide direct loans and grants, 
     including the cost of modifying loans, 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 Administrator of the 
     Rural Housing Service of the Department of Agriculture shall 
     as part of the preservation and revitalization agreement 
     obtain a restrictive use agreement consistent with the terms 
     of the restructuring.
       (c) Implementation.--The Administrator of the Rural Housing 
     Service of the Department of Agriculture shall have authority 
     to issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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) $15,000,000,000, to remain available until September 
     30, 2029, 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 expenses related to the utilization of 
     voucher assistance under subparagraph (A), which may include 
     the cost of facilitating the use of voucher assistance 
     provided under paragraph (5);
       (2) $7,100,000,000, to remain available until September 30, 
     2029, 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;
       (B) renewals of such tenant-based rental assistance; and
       (C) fees for the costs of administering tenant-based rental 
     assistance and other expenses related to the utilization of 
     voucher assistance under subparagraph (A), which may include 
     the cost of facilitating the use of voucher assistance 
     provided under paragraph (5);
       (3) $1,000,000,000, to remain available until September 30, 
     2031, for--
       (A) tenant protection vouchers for relocation and 
     replacement of public housing units demolished or disposed as 
     part of a public housing preservation or project-based 
     replacement transaction using funds made available under this 
     title;
       (B) renewals of such tenant-based rental assistance; and
       (C) fees for the costs of administering tenant-based rental 
     assistance and other expenses related to the utilization of 
     voucher assistance under subparagraph (A), which may include 
     the cost of facilitating the use of voucher assistance 
     provided under paragraph (5);
       (4) $300,000,000, to remain available until September 30, 
     2031, 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) $230,000,000, to remain available until September 30, 
     2031, 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, in addition to 
     amounts otherwise available for such expenses, 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;

[[Page H6448]]

       (6) $300,000,000, to remain available until September 30, 
     2031, 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) $70,000,000, to remain available until September 30, 
     2031, 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.
       (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 or 
     formulas that include 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 and may revoke and 
     redistribute any unleased vouchers and associated funds, 
     which may include administrative fees and amounts allocated 
     under subsections (a)(3) and (a)(4), to other public housing 
     agencies.
       (4) Limitation of use of funds.-- Public housing agencies 
     may use funds received under this section only for the 
     activities listed in subsection (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.
       (6) Homeless waiver authority.-- In administering the 
     voucher assistance targeted for households experiencing or at 
     risk of homelessness, survivors of domestic violence, dating 
     violence sexual assault, and stalking, and survivors of 
     trafficking under subsection (a)(2), the Secretary may, upon 
     a finding that a waiver or alternative requirement is 
     necessary to facilitate the use of such assistance, waive or 
     specify alternative requirements for--
       (A) section 8(o)(6)(A) of the United States Housing Act of 
     1937 (42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions 
     related to the administration of waiting lists and local 
     preferences;
       (B) section 214(d)(2) of the Housing and Community 
     Development Act of 1980 (42 U.S.C. 1436a(d)(2)), section 
     576(a), (b), and (c) of the Quality Housing and Work 
     Responsibility Act of 1998 (42 U.S.C. 13661(a), (b),and (c)), 
     and regulatory provisions related to the verification of 
     eligibility, eligibility requirements, and the admissions 
     process;
       (C) section 8(o)((7)(A) of the United States Housing Act of 
     1937 (42 U.S.C. 1437f(o)(7)(A)) and regulatory provisions 
     related to the initial lease term;
       (D) section 8(r)(B)(i) of the United States Housing Act of 
     1937 (42 U.S.C. 1437f(r)(B)(i)) and regulatory provisions 
     related to portability moves by non-resident applicants; and
       (E) regulatory provisions related to the establishment of 
     payment standards.
       (c) Implementation.--The Secretary shall have authority to 
     issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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) $880,000,000 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) $20,000,000 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) $100,000,000 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, 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.
       (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 shall make awards with 
     amounts made available under this section using the following 
     mechanisms, alone or in combination:
       (A) 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 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.
       (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 subsection (c) 
     or (bb) of section 8 of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(c), 1437f(bb)) 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 the authority 
     to issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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) $277,500,000 for formula grants for eligible affordable 
     housing activities described in section 202 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (in this section referred to as ``NAHASDA'') (25 U.S.C. 
     4132), which shall be distributed according to the most 
     recent fiscal year funding formula for the Indian Housing 
     Block Grant;
       (2) $200,000,000 for--
       (A) affordable housing activities authorized under section 
     810(a) of NAHASDA (25 U.S.C. 4229);
       (B) community-wide infrastructure and infrastructure 
     improvement projects carried out on Hawaiian Home Lands 
     pursuant to section 810(b)(5) of NAHASDA (25 U.S.C. 
     4229(b)(5)); and
       (C) rental assistance to Native Hawaiians (as defined in 
     section 801 of NAHASDA (25 U.S.C. 4221)) on and off Hawaiian 
     Home Lands;
       (3) $277,500,000 for competitive grants for eligible 
     affordable housing activities described in section 202 of 
     NAHASDA (25 U.S.C. 4132);
       (4) $200,000,000 for--
       (A) competitive single-purpose Indian community development 
     block grants for Indian tribes; and
       (B) imminent threat Indian community development block 
     grants, including for long-term environmental threats and 
     relocation, 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;
       (5) $25,000,000 for the costs to the Secretary of 
     administering and overseeing the implementation of this 
     section and Indian and Native Hawaiian programs administered 
     by the Secretary, 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
       (6) $20,000,000 to make new awards or increase prior awards 
     to technical assistance providers to provide an immediate 
     increase in capacity building and technical assistance to 
     grantees.

[[Page H6449]]

     Amounts appropriated by this section shall remain available 
     until September 30, 2031.
       (b) 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 shall be used to fund grants under 
     paragraph (3) or (4) of subsection (a).
       (c) Undisbursed Funds.--Amounts provided under this Act 
     that remain undisbursed may not be used as a basis to reduce 
     any grant allocation under section 302 of NAHASDA (25 U.S.C. 
     4152) to an Indian tribe in any fiscal year.
       (d) Prohibition on Investments.--Amounts made available 
     under this section may not be invested in investment 
     securities and other obligations.
       (e) Waivers.--With respect to amounts made available under 
     this section, the Secretary may, upon a finding that a waiver 
     or alternative requirement is necessary to facilitate the use 
     of such amounts, waive or specify alternative requirements 
     for any Indian housing block grants, Native Hawaiian housing 
     block grants, or Indian community development block grants 
     issued pursuant to this section, other than requirements 
     related to fair housing, nondiscrimination, labor standards, 
     and the environment.
       (f) Implementation.--The Secretary shall have authority to 
     issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section to 
     ensure that such programs, projects, or activities are 
     completed in a timely and effective manner.

     SEC. 40012. INCREASED AFFORDABLE HOUSING PROGRAM INVESTMENT.

       Notwithstanding subsection (j)(5)(C) of section 10 of the 
     Federal Home Loan Bank Act (12 U.S.C. 1430), in 2022 and 
     every year thereafter until 2027, each Federal Home Loan Bank 
     shall annually contribute 15 percent of the preceding year's 
     net income of the Federal Home Bank, or such prorated sums as 
     may be required to assure that the aggregate contribution of 
     the Federal Home Loan Banks shall not be less than 
     $100,000,000 for each such year, to support grants or 
     subsidized advances through the Affordable Housing Programs 
     established and carried out under subparagraphs (j)(1), (2), 
     (3)(A), (3)(C), and (4) through (13) of section 10 of such 
     Act.

     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) $1,735,000,000 for grants in accordance with sections 
     101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) 
     through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 
     109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301, 5302, 
     5303, 5304(a)-(i), 5304(l), 5304(m), 5305(a)-(g), 5306(a)(2), 
     5306(a)(4), 5306(b)-(f), 5309, 5310, 5311, 5313, 5315, 5316, 
     5319, and 5321) to grantees under subsections (a)(2) and (4) 
     and (d) of section 106 of such Act (42 U.S.C.5306(a)(2), 
     (a)(4), and (d)), 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) $700,000,000 for grants in accordance with sections 
     101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) 
     through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 
     109, 110, 111, 113, 115, 116, 120, and 122 of title I of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5301, 5302, 5303, 5304(a)-(i), 5304(l), 5304(m), 5305(a)-(g), 
     5306(a)(2), 5306(a)(4), 5306(b)-(f), 5309, 5310, 5311, 5313, 
     5315, 5316, 5319, and 5321) to community development block 
     grant grantees, as determined by the Secretary, under 
     subsections (a)(4) and (b) through (f) of section 106 of such 
     Act (5306(a)(4) and 5306(b)-(f)), 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 in accordance with sections 
     101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) 
     through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 
     109, 110, 111, 113, 115, 116, 120, and 122 of title I of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5301, 5302, 5303, 5304(a)-(i), 5304(l), 5304(m), 5305(a)-(g), 
     5306(a)(2), 5306(a)(4), 5306(b)-(f), 5309, 5310, 5311, 5313, 
     5315, 5316, 5319, and 5321), to eligible recipients under 
     subsection (c) of this section for manufactured housing 
     infrastructure improvements in eligible manufactured home 
     communities;
       (4) $87,500,000 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, other cross-
     program costs in support of programs administered by the 
     Secretary in this title, and other costs; and
       (5) $27,500,000 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 section 40002 of this title.
       (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)(3) 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 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 is necessary to protect 
     the health and safety of the residents of the manufactured 
     housing community and the long-term sustainability of the 
     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 specified in 
     subsection (a)(1), (a)(2), or (a)(3), 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 not inconsistent with the overall purposes of 
     such Act and that the waiver or alternative requirement is 
     necessary to 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, or 
     decent, safe, sanitary housing, or other objective criteria 
     as approved by the Secretary.
       (2) Eligible manufactured home community.--The term 
     ``eligible manufactured home community'' means a community 
     that--
       (A) is affordable to low- and moderate-income persons (as 
     such term is defined in section 102(a) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5302(a))); 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) will be maintained as such a community, and remain 
     affordable for low- and moderate-income families, to the 
     maximum extent practicable and for the longest period 
     feasible.
       (3) Eligible recipient.--The term ``eligible recipient'' 
     means a partnership of--
       (A) a grantee under paragraph (2) or (4) of section 106(a) 
     or section 106(d) of the Housing and Community Development 
     Act of 1974 (42 U.S.C. 5306(a)(2), (a)(4), and (d)); 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, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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) $3,425,000,000 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 that 
     do not receive Federal housing assistance other than 
     assistance provided under subsection 8(o) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(o)), excluding 
     paragraph (o)(13) of such section, and common areas servicing 
     such units, where low-income families reside or are expected 
     to reside;
       (2) $250,000,000 for grants to States or units of general 
     local government 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 part A of 
     title IV of the Energy Conservation and Production Act (42 
     U.S.C. 6861-6872) but are not assisted under any other 
     Federal housing program other than subsection 8(o) of the 
     United States Housing Act of 1937 (42 U.S.C. 1437f(o)), 
     excluding paragraph 8(o)(13) of such section;

[[Page H6450]]

       (3) $1,000,000,000 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 for abatement of lead-
     based paint by enclosure or encapsulation, or interim 
     controls of lead-based paint hazards in target housing units 
     receiving such assistance and common areas servicing such 
     units;
       (4) $75,000,000 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; and
       (5) $250,000,000 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 title, and other costs.
     Amounts appropriated by this section shall remain available 
     until September 30, 2031.
       (b) Terms and Conditions.--
       (1) Income eligibility determinations.--The Secretary may 
     make income determinations of eligibility for enrollment of 
     housing units for assistance under this section that are 
     consistent with eligibility requirements for grants awarded 
     under other Federal means-tested programs, provided such 
     determination does not require additional action by other 
     Federal agencies.
       (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 purposes of building capacity and 
     conducting activities relating to testing, evaluating, and 
     mitigating lead-based paint, lead-based paint hazards, and 
     housing-related health and safety hazards; outreach, 
     education, and engagement with community stakeholders, 
     including stakeholders in disadvantaged communities; program 
     evaluation and research; grant administration, and other 
     activities that directly or indirectly support the work under 
     this section, as applicable, that without which such 
     activities could not be conducted.
       (d) Definitions.--For purposes of this section, the 
     following definitions, and definitions in paragraphs (1), 
     (2), (3), (5), (6), (7), (10) through (17), and (20) through 
     (27) of section 1004 of the Residential Lead-Based Paint 
     Hazard Reduction Act of 1992 (42 U.S.C. 4851b(1)-(3), 42 
     U.S.C. 4851b(5)-(7), 42 U.S.C. 4851b(10)-(17). 42 U.S.C. 
     4851b(20)-(27), 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) State; unit of general local government.--The terms 
     ``State'' and ``unit of general local government'' have the 
     same meaning given such terms in section 102 of the Housing 
     and Community Development Act of 1974 (42 U.S.C. 5302).
       (e) Grant Compliance.--For any grant of assistance under 
     this section, a State or unit of general local government may 
     assume responsibilities for elements of grant compliance, 
     regardless of whether it is the grant recipient, if the State 
     or unit of general local government is permitted to assume 
     responsibility for the applicable element of grant compliance 
     for grants for which it is the recipient under section 1011 
     of the Residential Lead-Based Paint Hazard Reduction Act of 
     1992 (42 U.S.C. 4852).
       (f) Implementation.--The Secretary shall have the authority 
     to issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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) $1,646,000,000 for awarding grants under section 101, 
     102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a) 
     through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f), 
     109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301, 5302, 
     5303, 5304(a)-(i), 5304(l), 5304(m), 5305(a)-(g), 5306(a)(2), 
     5306(a)(4), 5306(b)-(f), 5309, 5310, 5311, 5313, 5315, 5316, 
     5319, and 5321) awarded on a competitive basis to eligible 
     recipients to carry out grants under subsection (c) of this 
     section;
       (2) $8,000,000 for research and evaluation related to 
     housing planning and other associated costs;
       (3) $30,000,000 to provide technical assistance to grantees 
     or applicants for grants made available by this section; and
       (4) $66,000,000 for the costs to the Secretary of 
     administering and overseeing the implementation of this 
     section and community and economic development programs 
     overseen by the Secretary 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.
     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 plans 
     and substantially improve housing strategies;
       (2) streamlining regulatory requirements and shorten 
     processes, reform zoning codes, increasing capacity to 
     conduct housing inspections, or other initiatives that reduce 
     barriers to housing supply elasticity and affordability;
       (3) developing and evaluating local or regional plans for 
     community development to substantially improve community 
     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 
     assist planning activities, including administration of such 
     activities, engagement with community stakeholders and 
     housing practitioners, to--
       (A) develop housing plans;
       (B) substantially improve State or local housing 
     strategies;
       (C) develop new regulatory requirements and processes, 
     reform zoning codes, increasing capacity to conduct housing 
     inspections, or undertake other initiatives to reduce 
     barriers to housing supply elasticity and affordability;
       (D) develop local or regional plans for community 
     development; and
       (E) substantially improve community 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 community 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 and administering--
       (A) completed housing strategies and housing 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 plans;
       (B) new regulatory requirements and processes, reformed 
     zoning codes, increased capacity to conduct housing 
     inspections, 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 community 
     development and any planning to increase availability and 
     access to affordable housing, access to public transportation 
     and other sustainable or location-efficient community 
     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 plan; housing strategy.--
       (A) Housing plan.--The term ``housing 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.--

[[Page H6451]]

       (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 subsection 
     (a)(1).
       (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 subsection 
     (a)(1) 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 not inconsistent with the overall 
     purposes of such Act and that the waiver or alternative 
     requirement is necessary to facilitate the use of amounts 
     made available under this section.
       (i) Implementation.--The Secretary shall have the authority 
     to issue such regulations notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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) NFIP Program Activities.--
       (1) Cancellation.--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. 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 cancelled, the Administrator and the 
     National Flood Insurance Fund are relieved of all liability 
     under any such notes or other obligations, including for any 
     interest due, including capitalized interest, and any other 
     fees and charges payable in connection with such notes and 
     obligations.
       (2) Use of savings for flood mapping.--In addition to 
     amounts otherwise available, for each of fiscal years 2022 
     and 2023, an amount equal to the interest the National Flood 
     Insurance Program would have accrued from servicing the 
     canceled debt under paragraph (1) in that fiscal year, which 
     shall be derived from offsetting amounts collected under 
     section 1310(d) of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4017(d)) and shall remain available until expended 
     for activities identified in section 100216 (b)(1)(A) of the 
     Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 
     4101b(b)(1)(A)) and related salaries and administrative 
     expenses.
       (b) 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, 
     $600,000,000, to remain available until September 30, 2026, 
     to provide 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.
       (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) or personal property in the primary residential 
     dwelling of a renter.
       (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 
     insurance premiums, fees, and surcharges charged under the 
     National Flood Insurance Program, with respect to a covered 
     property for a year.

     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, to remain available until September 
     30, 2031--
       (1) $2,000,000,000 for awards of planning and 
     implementation grants under section 101, 102, 103, 104(a) 
     through 104(i), 104(l), 104(m), 105(a) through 105(g), 
     106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111, 
     113, 115, 116, 120, and 122 of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301, 5302, 5303, 5304(a)-
     (i), 5304(l), 5304(m), 5305(a)-(g), 5306(a)(2), 5306(a)(4), 
     5306(b)-(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and 
     5321), awarded on a competitive basis to eligible recipients, 
     as defined under subsection (c)(2) of this section, to carry 
     out community-led projects to create equitable civic 
     infrastructure and create or preserve affordable, accessible 
     housing, including creating, expanding, and maintaining 
     community land trusts and shared equity homeownership 
     programs;
       (2) $500,000,000 for planning and implementation grants 
     under section 101, 102, 103, 104(a) through 104(i), 104(l), 
     104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b) 
     through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5301, 5302, 5303, 5304(a)-(i), 5304(l), 5304(m), 5305(a)-(g), 
     5306(a)(2) 5306(a)(4), 5306(b)-(f), 5309, 5310, 5311, 5313, 
     5315, 5316, 5319, and 5321), awarded on a competitive basis 
     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) $400,000,000 for the Secretary to provide technical 
     assistance, capacity building, and program support to 
     applicants, potential applicants, and recipients of amounts 
     appropriated for grants under this section; and
       (4) $100,000,000 for the costs to the Secretary of 
     administering and overseeing the implementation of this 
     section and community and economic development programs 
     overseen by the Secretary 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.
       (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 subsections (a) 
     through (g) of section 105 of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5305) and under this 
     section for community-led affordable housing and civic 
     infrastructure projects.
       (c) Eligible Geographical Areas, Recipients, and 
     Applicants.--
       (1) Geographical areas.--The Secretary shall award grants 
     from the Fund to eligible recipients within geographical 
     areas at the neighborhood, county, or census tract level, 
     including census tracts adjacent to the project area that are 
     areas in need of investment, as demonstrated by two or more 
     of the following factors:
       (A) High and persistent rates of poverty.
       (B) Population at risk of displacement due to rising 
     housing costs.
       (C) Dwelling unit sales prices that are lower than the cost 
     to acquire and rehabilitate, or build, a new dwelling unit.
       (D) High proportions of residential and commercial 
     properties that are vacant due to foreclosure, eviction, 
     abandonment, or other causes.
       (E) Low rates of homeownership by race and ethnicity, 
     relative to the national homeownership rate.
       (2) Eligible recipient.--An eligible recipient of a 
     planning or implementation grant under subsection (a)(1) or 
     an implementation grant under subsection (a)(2) 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 planning grant under subsection 
     (b)(1) shall be a lead applicant with the ability to 
     administer the grant, including a regional, State, or 
     national nonprofit.
       (d) Eligible Recipients and Applicants.--
       (1) Lead applicant.--An eligible lead applicant for a grant 
     awarded under this section shall be an entity that is located 
     within or serves the geographic area of the project, or 
     derives its mission and operational priorities from the needs 
     of the geographic area of the project, demonstrates a 
     commitment to anti-displacement efforts, and that is--
       (A) a nonprofit organization that has expertise in 
     community planning, engagement, organizing, housing and 
     community development;
       (B) a community development corporation;
       (C) a community housing development organization;
       (D) a community-based development organization; or

[[Page H6452]]

       (E) 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).
       (2) Joint applicants.--A joint applicant shall be an entity 
     eligible to be a lead applicant in paragraph (1), or a local, 
     regional, or national--
       (A) nonprofit organization;
       (B) community development financial institution;
       (C) unit of general local government;
       (D) Indian tribe;
       (E) State housing finance agency;
       (F) land bank;
       (G) 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));
       (H) public housing agency;
       (I) tribally designated housing entity; or
       (J) philanthropic organization.
       (3) Lack of local entity.--A regional, State, or national 
     nonprofit organization may serve as a lead entity if there is 
     no local entity that meets the geographic requirements in 
     paragraph (1).
       (e) Uses of Funds.--
       (1) In general.--Planning and implementation grants awarded 
     under this section shall be used to support civic 
     infrastructure and housing-related activities.
       (2) Implementation grants.--Implementation grants awarded 
     under this section may be used for activities eligible under 
     subsections (a) through (g) of 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.
       (3) Community land trust grants and shared equity 
     homeownership grants.--An eligible recipient of a community 
     land trust grant awarded for establishing and operating a 
     community land trust or shared equity homeownership program; 
     creation, subsidization, construction, acquisition, 
     rehabilitation, and preservation of housing in a community 
     land trust or shared equity homeownership program, and 
     expanding the capacity of the recipient to carry out the 
     grant.
       (f) Waivers.--The Secretary may waive or specify 
     alternative requirements for any provision of subsection 
     (a)(1) or (a)(2), 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 not inconsistent with 
     the overall purposes of such Act and that the waiver or 
     alternative requirement is necessary to expedite or 
     facilitate the use of amounts made available under this 
     section.
       (g) 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 
     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.
       (2) 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.
       (3) 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 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.
       (h) Implementation.--The Secretary shall have authority to 
     issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section to 
     ensure that such programs, projects, or activities are 
     completed in a timely and effective manner.

     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) $540,000,000, to remain available until September 30, 
     2026, 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) $160,000,000, to remain available until September 30, 
     2031, 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.
       (b) Implementation.--The Secretary shall have authority to 
     issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section to 
     ensure that such programs, projects, or activities are 
     completed in a timely and effective manner.

     SEC. 40107. INTERGOVERNMENTAL FAIR HOUSING ACTIVITIES AND 
                   INVESTIGATIONS.

       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) $75,000,000 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; and
       (2) $25,000,000 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.

                 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 to increase equal access to homeownership, 
     established under subsection (b) for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated--
       (1) $6,825,000,000, to remain available until September 30, 
     2026, for the First-Generation Downpayment Assistance Fund 
     under this section for allocation to each State in accordance 
     with a formula established by the Secretary, which shall take 
     into consideration best available data to approximate the 
     number of potential qualified homebuyers as defined in 
     subsection (e)(7) as well as median area home prices, to 
     carry out the eligible uses of the Fund as described in 
     subsection (d);
       (2) $2,275,000,000, to remain available until September 30, 
     2026, for the First-Generation Downpayment Assistance Program 
     under this section for competitive grants to eligible 
     entities to carry out the eligible uses of the Fund as 
     described in subsection (d);
       (3) $500,000,000, to remain available until September 30, 
     2031, for the costs of providing housing counseling required 
     under the First-Generation Downpayment Assistance Program 
     under subsection (d)(1); and
       (4) $400,000,000, to remain available until September 30, 
     2031, for the costs to the Secretary of Housing and Urban 
     Development of administering and overseeing the 
     implementation of the First-Generation Downpayment Assistance 
     Program, including information technology, financial 
     reporting, programmatic reporting, research and evaluations, 
     which shall include the

[[Page H6453]]

     program's impact on racial and ethnic disparities in 
     homeownership rates, technical assistance to recipients of 
     amounts under this section, and other cross-program costs in 
     support of programs administered by the Secretary in this 
     Act, and other costs.
       (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.--If a State or eligible entity does not 
     demonstrate the capacity to expend grant funds provided under 
     this section, the Secretary may recapture amounts remaining 
     available to a grantee that has not demonstrated the capacity 
     to expend such funds in a manner that furthers the purposes 
     of this section and shall reallocate such amounts among any 
     other States or eligible entities that have demonstrated to 
     the Secretary the capacity to expend such amounts in a manner 
     that furthers the purposes 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 use such grants to provide 
     assistance to or on behalf of a qualified homebuyer who has 
     completed a program of housing counseling provided through a 
     housing counseling agency approved by the Secretary or other 
     adequate homebuyer education before entering into a sales 
     purchase agreement for--
       (A) 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;
       (B) subsidies to make shared equity homes affordable to 
     eligible homebuyers; and
       (C) pre-occupancy home modifications to accommodate 
     qualified homebuyers or members of their household with 
     disabilities;
       (2) Amount of assistance.--Assistance under this section--
       (A) may be provided to or on behalf of any qualified 
     homebuyer;
       (B) may be provided to or on behalf of any qualified 
     homebuyer only once in the form of grants or forgivable, non-
     amortizing, non-interest-bearing loans that may only be 
     required to be repaid pursuant to paragraph (d)(4); and
       (C) 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)(C) for 
     disability related home modifications, except that the 
     Secretary may increase such maximum limitation amounts for 
     qualified homebuyers who are economically disadvantaged.
       (3) Prohibition of priority or recoupment of funds.--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, nor may the 
     State or eligible entity seek to recoup any funds associated 
     with the provision of downpayment assistance to the qualified 
     homebuyer, whether through premium pricing or otherwise, 
     except as provided in paragraph (4) of this subsection or 
     otherwise authorized by the Secretary.
       (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 
     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, 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) 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)(7) and no State, eligible entity, 
     or creditor shall be subject to liability based on the 
     accuracy of such attestation.
       (6) Costs to grantee.--States and eligible entities 
     receiving grants from the Fund may use a portion of such 
     grants for administrative costs up to the limit specified by 
     the Secretary.
       (e) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       (1) 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 minority and low-income populations or 
     provides services in neighborhoods having high concentrations 
     of minority and low-income populations;
       (C) any other nonprofit entity that the Secretary finds has 
     a track record of providing assistance to homeowners, targets 
     services to minority and low-income or provides services in 
     neighborhoods having high concentrations of minority and low-
     income populations; and
       (D) a unit of general local government, as such term is 
     defined in section 102 of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5302).
       (2) Eligible home.--The term ``eligible home'' means a 
     residential dwelling that--
       (A) consists of 1 to 4 dwelling units; and
       (B) will be occupied by the qualified homebuyer as the 
     primary residence of the homebuyer.
       (3) 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 by the Rural Housing 
     Administrator of the Department of Agriculture;
       (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.
       (4) First generation homebuyer.--The term ``first-
     generation homebuyer'' means a homebuyer that is, as attested 
     by the homebuyer--
       (A) an individual--
       (i) whose parents or legal guardians do not, or did not at 
     the time of their death, to the best of the individual's 
     knowledge, have any present ownership interest in a residence 
     in any State, excluding ownership of heir property or 
     ownership of chattel; and
       (ii) 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 residence in any State, excluding ownership of 
     heir property or ownership of chattel, 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 residence in any State, excluding 
     ownership of heir property or ownership of chattel, whether 
     such individuals are co-borrowers on the loan or not.
       (5) 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.
       (6) Ownership interest .--The term ``ownership interest'' 
     means any ownership, excluding any interest in heir property, 
     in--
       (A) real estate in fee simple;
       (B) a leasehold on real estate under a lease for not less 
     than ninety-nine years which is renewable; or
       (C) a fee interest in, or long-term leasehold interest in, 
     real estate consisting of a one-family unit in a multifamily 
     project, including a project in which the dwelling units are 
     attached, or are manufactured housing units, semi-detached, 
     or detached, and an undivided interest in the common areas 
     and facilities which serve the project.
       (7) 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 
     in section 104 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12704), except that for the purposes 
     of this section the reference in such section 104 to title II 
     shall be considered to refer to this section, and 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.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (9) 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.

[[Page H6454]]

       (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 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.

       (10) 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.
       (f) Implementation.--The Secretary shall have authority to 
     issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section to 
     ensure that such programs, projects, or activities are 
     completed in a timely and effective manner.

     SEC. 40202. 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, to 
     remain available until September 30, 2031--
       (1) $4,000,000,000 to the Secretary of Housing and Urban 
     Development for the cost of guaranteed or insured loans and 
     other obligations, including the cost of modifying such 
     loans, under subsection (e)(1)(A);
       (2) $500,000,000 to the Secretary of Housing and Urban 
     Development for costs of carrying out the program under 
     paragraph (1) and programs of the Federal Housing 
     Administration and the Government National Mortgage 
     Association generally, including information technology, 
     financial reporting, and other cross-program costs in support 
     of programs administered by the Secretary in this title, and 
     other costs;
       (3) $150,000,000 to the Secretary of Agriculture for the 
     cost of guaranteed and insured loans and other obligations, 
     including the cost of modifying such loans, under subsection 
     (e)(1)(B);
       (4) $50,000,000 to the Secretary of Agriculture for the 
     costs of carrying out the program under paragraph (3) 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 title; and
       (5) $300,000,000 to the Secretary of Treasury for the costs 
     of carrying out the program under this section.
       (b) Use of Funds.--
       (1) In general.--
       (A) The Secretary of Housing and Urban Development and the 
     Secretary of Agriculture shall use the funds provided under 
     subsections (a)(1), (a)(2), (a)(3), and (a)(4) to carry out 
     the programs under subsections (a)(1) and (a)(3) to make 
     covered mortgage loans.
       (B) The Secretary of the Treasury shall use the funds 
     provided under subsections (a)(5) and (b)(2) to--
       (i) purchase, on behalf of the Secretary of Housing and 
     Urban Development, securities that are secured by covered 
     mortgage loans, and sell, manage, and exercise any rights 
     received in connection with, any financial instruments or 
     assets acquired pursuant to the authorities granted under 
     this section, including, as appropriate, establishing and 
     using vehicles to purchase, hold, and sell such financial 
     instruments or assets;
       (ii) designate one or more banks, security brokers or 
     dealers, asset managers, or investment advisers, as a 
     financial agent of the Federal Government to perform duties 
     related to authorities granted under this section; and
       (iii) use the services of the Department of Housing and 
     Urban Development on a reimbursable basis, and the Secretary 
     of Housing and Urban Development is authorized to provide 
     services as requested by the Secretary of Treasury using all 
     authorities vested in or delegated to the Department of 
     Housing and Urban Development.
       (2) 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 from 
     time-to-time in an amount equal to, as determined by the 
     Secretary of the Treasury in consultation with the Secretary 
     of Housing and Urban Development, the amount necessary for 
     the purchase of securities under the Program during the 
     period for which the funds are intended to be available.
       (3) Use of proceeds.--Revenues of and proceeds from the 
     sale, exercise, or surrender of assets purchased or acquired 
     under the Program under this section shall be available to 
     the Secretary of the Treasury through September 30, 2031, for 
     purposes of purchases under subsection (b)(1)(B)(i).
       (c) Limitation on Aggregate Loan Insurance or Guarantee 
     Authority.--The aggregate original principal obligation of 
     all covered mortgage loans insured or guaranteed under 
     subsection (e)(1)(A) of this section may not exceed 
     $48,000,000,000, and under section (e)(1)(B) may not exceed 
     $12,000,000,000.
       (d) GNMA Guarantee Authority and Fee.--To carry out the 
     purposes of this section, the Government National Mortgage 
     Association may enter into new commitments to issue 
     guarantees of securities based on or backed by mortgages 
     insured or guaranteed under this section, not exceeding 
     $60,000,000,000, and shall 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) 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 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, 2029;
       (ii) is made for an original term of 20 years with 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 associated with a newly originated 
     30-year mortgage loan with the same loan balance insured by 
     the agency as determined by the Secretary;
       (iii) subject to subparagraph (C) of this paragraph and 
     notwithstanding section 203(c)(2) of the National Housing Act 
     (12 U.S.C. 1709(c)(2)), 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 with 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 loan guarantee fee associated with a newly 
     originated 30-year mortgage loan with the same loan balance 
     guaranteed by the agency as determined by the Secretary; 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 and alternative requirements.--The Secretary of 
     Housing and Urban Development and the Secretary of 
     Agriculture, in consultation with the Secretary of the 
     Treasury, and notwithstanding paragraph (8)(A) of section 
     502(h) 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 or specify alternative requirements 
     for subsection (e)(1)(A)(ii) or (e)(1)(B)(i) for covered 
     mortgage loans in connection with the use of amounts made 
     available under this section upon a finding that the waiver 
     or alternative requirement is necessary to facilitate the use 
     of amounts made available under this section.
       (2) 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 (4) 
     of this subsection; and
       (iii) is a first-generation homebuyer as defined in 
     paragraph (3) 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 (4) 
     of this subsection and a first-generation homebuyer as 
     defined in paragraph (3) of this subsection.
       (3) First-generation homebuyer.--The term ``first-
     generation homebuyer'' means a homebuyer that, as attested by 
     the homebuyer, is--
       (A) an individual--
       (i) whose parents or legal guardians do not, or did not at 
     the time of their death, to the best of the individual's 
     knowledge, have any present ownership interest in a residence 
     in any State or ownership of chattel, excluding ownership of 
     heir property; and
       (ii) 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, have any present ownership 
     interest in a residence in any State, excluding ownership of 
     heir property or ownership of chattel, 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 residence in any State, excluding 
     ownership of heir property

[[Page H6455]]

     or ownership of chattel, whether such individuals are co-
     borrowers on the loan or not.
       (4) 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 for the purposes of this section 
     the reference in such section 12704(14) to title II shall be 
     considered to refer to this section, and 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.
       (5) 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.
       (6) Ownership interest.--The term ``ownership interest'' 
     means any ownership, excluding any interest in heir property, 
     in--
       (A) real estate in fee simple;
       (B) a leasehold on real estate under a lease for not less 
     than ninety-nine years which is renewable; or
       (C) a fee interest in, or long-term leasehold interest in, 
     real estate consisting of a one-family unit in a multifamily 
     project, including a project in which the dwelling units are 
     attached, or are manufactured housing units, semi-detached, 
     or detached, and an undivided interest in the common areas 
     and facilities which serve the project.
       (7) State.--The term ``State'' means the States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Commonwealth of the Northern Mariana 
     Islands, Guam, the Virgin Islands, American Samoa, the Trust 
     Territory of the Pacific Islands, and any other territory or 
     possession of the United States.
       (f) Reliance on Borrower Attestations.--No additional 
     documentation beyond the borrower's attestation shall be 
     required to demonstrate eligibility under clauses (ii) and 
     (iii) of subsection (e)(2)(A) and clause (ii) of subsection 
     (e)(2)(B) and no State, eligible entity, or creditor shall be 
     subject to liability based on the accuracy of such 
     attestation.
       (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, 
     notices, or other guidance, forms, instructions, and 
     publications to carry out the programs, projects, or 
     activities authorized under this section 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, to remain available 
     until September 30, 2031--
       (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; 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 housing and fair lending 
     compliance, and other cross-program costs in support of 
     programs administered by the Secretary in this title, and 
     other costs.
       (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 or guaranteed by the Secretary.
       (c) Implementation.--The Secretary shall have authority to 
     issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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 Rural Housing Service 
     of the Department of Agriculture for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated, to 
     remain available until expended--
       (1) $90,000,000 for providing single family housing repair 
     grants under section 504(a) of the Housing Act of 1949 (42 
     U.S.C. 1474(a)), subject to the terms and conditions in 
     subsection (b) of this section;
       (2) $10,000,000 for administrative expenses of the Rural 
     Housing Service of the Department of Agriculture that in 
     whole or in part support activities funded by this section 
     and related activities.
       (b) Terms and Conditions.--
       (1) Eligibility.--Eligibility for grants from amounts made 
     available by subsection (a)(1) 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.
       (c) Implementation.--The Administrator of the Rural Housing 
     Service shall have authority to issue such regulations, 
     notices, or other guidance, forms, instructions, and 
     publications to carry out the programs, projects, or 
     activities authorized under this section to ensure that such 
     programs, projects, or activities are completed in a timely 
     and effective manner.

     Subtitle D--HUD Administration, Capacity Building, Technical 
                    Assistance, and Agency Oversight

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

       (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) $949,250,000 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) $43,250,000 to the Office of Inspector General of the 
     Department of Housing and Urban Development for necessary 
     salaries and expenses for conducting oversight of amounts 
     provided by this title;
       (3) $5,000,000 to the Office of Inspector General of the 
     Department of the Treasury for necessary salaries and 
     expenses for conducting oversight of amounts provided by this 
     title; and
       (4) $2,500,000 to the Office of Inspector General of the 
     Department of the Agriculture for necessary salaries and 
     expenses for conducting oversight of amounts provided by this 
     title.
     Amounts appropriated by this section shall remain available 
     until September 30, 2031.
       (b) Implementation.--The Secretary of Housing and Urban 
     Development shall have authority to issue such regulations, 
     notices, or other guidance, forms, instructions, and 
     publications to carry out the programs, projects, or 
     activities authorized under this section 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 grants awarded to nonprofit organizations 
     to 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 undertaking 
     affordable housing development, acquisition, preservation, or 
     rehabilitation activities;
       (B) provide predevelopment assistance to community 
     development corporations, community housing development 
     organizations, and other mission-driven and nonprofit 
     organizations undertaking 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, 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.
       (b) Implementation.--The Secretary shall have authority to 
     issue such regulations, notices, or other guidance, forms, 
     instructions, and publications to carry out the programs, 
     projects, or activities authorized under this section 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.

       In addition to amounts otherwise available, there is 
     appropriated to the Minority Business Development Agency of 
     the Department of Commerce for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated--
       (1) $200,000,000, to remain available until September 30, 
     2026, for entering into agreements with minority-serving 
     institutions of higher education or consortiums of 
     institutions of higher education that are led by minority-
     serving institutions of higher education to operate a rural 
     business center to assist minority business enterprises 
     located in rural areas, priority for which shall be given to 
     institutions that have financial need and are located in 
     areas that have a significant population of socially or 
     economically disadvantaged individuals; and

[[Page H6456]]

       (2) $1,000,000,000, to remain available until September 30, 
     2026, for entering into grants and agreements to--
       (A) assist the formation and growth of minority business 
     enterprises;
       (B) establish and provide Federal assistance to minority 
     business centers, specialty centers, and minority business 
     enterprises;
       (C) make grants to private, nonprofit organizations that 
     can demonstrate that a primary activity of the organization 
     is to provide services to minority business enterprises, 
     priority for which shall be given to organizations located in 
     a Federally recognized area of economic distress; and
       (D) provide grants and assistance to minority-serving 
     institutions of higher education to develop and implement 
     entrepreneurship curricula and participate in the business 
     center program of the Minority Business Development Agency; 
     and
       (3) $400,000,000, to remain available until September 30, 
     2029, to--
       (A) establish not less than 5 regional offices of the 
     Minority Business Development Agency, 1 of which shall be 
     established in each region of the United States, as 
     determined by the Secretary;
       (B) assist the formation and growth of minority business 
     enterprises;
       (C) collect data relating to the needs and development of 
     minority business enterprises;
       (D) annually review the status of problems and programs 
     relating to capital formation by minority business 
     enterprises; and
       (E) carry out this section.

     SEC. 40402. ENHANCED USE OF DEFENSE PRODUCTION ACT OF 1950.

       (a) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2022, out of 
     any money at the Treasury not otherwise appropriated, 
     $500,000,000, to remain available until September 30, 2025, 
     to carry out the Defense Production Act of 1950 in accordance 
     with subsection (b).
       (b) Use.--Amounts appropriated by subsection (a) shall be 
     used to create, maintain, protect, expand, or restore the 
     domestic industrial base capabilities essential for national 
     and economic security.

     SEC. 40403. SUPPORTING FACTORY-BUILT HOUSING THROUGH SSBCI.

       (a) In General.--Section 3009 of the State Small Business 
     Credit Initiative Act of 2010 (12 U.S.C. 5708) is amended--
       (1) in subsection (c), by striking ``at the end of the 7-
     year period beginning on March 11, 2021'' and inserting ``on 
     September 30, 2030''; and
       (2) by adding at the end the following:
       ``(f) Additional Technical Assistance With Respect to 
     Factory-built Housing Sector.--The Secretary shall contract 
     with legal, accounting, and financial advisory firms to 
     provide technical assistance to existing and prospective 
     business enterprises within the factory-built housing sector 
     applying to--
       ``(1) State programs under the Program; and
       ``(2) other State or Federal programs that support small 
     businesses.''.
       (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, $25,000,000, to remain 
     available until September 30, 2030, to carry out the 
     amendments made by subsection (a).

                TITLE V--COMMITTEE ON HOMELAND SECURITY

     SEC. 50001. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.

       (a) Improving Federal System Cybersecurity.--In addition to 
     amounts otherwise made available, there is appropriated to 
     the Cybersecurity and Infrastructure Security Agency 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 cybersecurity risk mitigation.
       (b) Cybersecurity Training.--In addition to amounts 
     otherwise made available, there is appropriated to the 
     Cybersecurity and Infrastructure Security Agency 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 the Cybersecurity Education and 
     Training Assistance Program, Federal assistance grants under 
     the Cybersecurity Education and Training Assistance Program, 
     and necessary mission support activities.
       (c) Cybersecurity Awareness, Training, and Workforce 
     Development.--In addition to amounts otherwise made 
     available, there is appropriated to the Cybersecurity and 
     Infrastructure Security Agency 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 improving cybersecurity awareness, training, and 
     workforce development, including necessary mission support 
     activities.
       (d) Multi-State Information Sharing and Analysis Center.--
     In addition to amounts otherwise made available, there is 
     appropriated to the Cybersecurity and Infrastructure Security 
     Agency for fiscal year 2022, out of any money in the Treasury 
     not otherwise appropriated, $35,000,000, to remain available 
     until September 30, 2031, for Federal assistance through 
     cooperative agreements with the Multi-State Information 
     Sharing and Analysis Center.
       (e) Cybersentry.--In addition to amounts otherwise made 
     available, there is appropriated to the Cybersecurity and 
     Infrastructure Security Agency for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated, 
     $50,000,000, to remain available until September 30, 2031, 
     for the purpose of protecting critical infrastructure 
     industrial control systems and the CyberSentry program.
       (f) Cloud Security.--In addition to amounts otherwise made 
     available, there is appropriated to the Cybersecurity and 
     Infrastructure Security Agency for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated, 
     $50,000,000, to remain available until September 30, 2031, 
     for the purpose of executing the secure cloud architecture 
     activities, migration advisory services, and cloud threat 
     hunting capabilities of the Cybersecurity and Infrastructure 
     Security Agency.
       (g) Industrial Control Systems Security.--In addition to 
     amounts otherwise made available, there is appropriated to 
     the Cybersecurity and Infrastructure Security Agency for 
     fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available 
     until September 30, 2031, for the purpose of researching and 
     developing the means by which to secure operational 
     technology and industrial control systems against security 
     vulnerabilities (as such term is defined in section 102(17) 
     of the Cybersecurity Information Sharing Act of 2015 (6 
     U.S.C. 1501(17)).

     SEC. 50002. CYBERSECURITY ASSISTANCE.

       (a) State and Local Cybersecurity Recruitment and 
     Training.--In addition to amounts otherwise made available, 
     there is appropriated for fiscal year 2022, out of any money 
     in the Treasury not otherwise appropriated, $80,000,000, to 
     remain available until September 30, 2031, to the 
     Administrator of the Federal Emergency Management Agency, in 
     consultation with the Cybersecurity and Infrastructure 
     Security Agency, to award grants, contracts, or cooperative 
     agreements to State, local, Tribal, and territorial 
     governments for cybersecurity recruitment and training to 
     enhance efforts to address cybersecurity risks (as defined in 
     paragraph (2) of section 2201 of the Homeland Security Act) 
     and cybersecurity threats (as defined in paragraph (3) of 
     section 2201 of the Homeland Security Act).
       (b) Migration to .gov Domain.--In addition to amounts 
     otherwise made available, there is appropriated for fiscal 
     year 2022, out of any money in the Treasury not otherwise 
     appropriated, $20,000,000, to remain available until 
     September 30, 2031, to the Administrator of the Federal 
     Emergency Management Agency, in consultation with the 
     Cybersecurity and Infrastructure Security Agency, to award 
     grants, contracts, or cooperative agreements to State, local, 
     Tribal, and territorial governments to carry out activities 
     to migrating the online services of such governments to the 
     .gov internet domain.
       (c) Limitation.--The Administrator of the Federal Emergency 
     Management Agency may not use amounts appropriated under this 
     section for activities under the National Flood Insurance Act 
     of 1968 or a function of the Federal Emergency Management 
     Agency relating to that Act.

     SEC. 50003. NONPROFIT SECURITY GRANT PROGRAM.

       (a) High-risk Urban Areas.--In addition to amounts 
     otherwise available, there is appropriated, out of any money 
     in the Treasury not otherwise appropriated, $50,000,000, to 
     remain available until September 30, 2031, to the 
     Administrator of Federal Emergency Management Agency for the 
     Nonprofit Security Grant Program for grants to nonprofits 
     under the Urban Area Security Initiative.
       (b) Other Areas.--In addition to amounts otherwise 
     available, there is appropriated, out of any money in the 
     Treasury not otherwise appropriated, $50,000,000, to remain 
     available until September 30, 2031, to the Administrator of 
     the Federal Emergency Management Agency for the Nonprofit 
     Security Grant Program for grants to nonprofits under the 
     State Homeland Security Grant Program.
       (c) Limitation.--The Administrator of the Federal Emergency 
     Management Agency may not use amounts appropriated under this 
     section for activities under the National Flood Insurance Act 
     of 1968 or a function of the Federal Emergency Management 
     Agency relating to that Act.

     SEC. 50004. OFFICE OF CHIEF READINESS SUPPORT OFFICER.

       In addition to the amounts otherwise available, there is 
     appropriated to the Secretary of Homeland Security for fiscal 
     year 2022, out of any money in the Treasury not otherwise 
     appropriated, $900,000,000, to remain available until 
     September 30, 2028, for the Office of the Chief Readiness 
     Support Officer to carry out sustainability and environmental 
     programs.

                  TITLE VI--COMMITTEE ON THE JUDICIARY

                   Subtitle A--Immigration Provisions

     SEC. 60001. PROTECTIONS AND WORK PERMITS.

       (a) In General.--The Secretary of Homeland Security shall--
       (1) under section 212(d)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(5)) and consistent with 
     this section, parole into the United States for a period of 5 
     years or until September 30, 2031, whichever is earlier, an 
     alien described in subsection (b), if such alien--
       (A) files an application for parole after the date of the 
     enactment of this section;
       (B) pays an administrative fee in an amount sufficient to 
     cover the cost of processing the application; and
       (C) completes security and law enforcement background 
     checks to the satisfaction of the Secretary; and
       (2) for the period during which an alien is paroled into 
     the United States under paragraph (1) and any period in which 
     such parole is extended under subsection (c)--
       (A) provide employment and travel authorization to such 
     alien; and
       (B) deem such alien eligible for a driver's license or 
     identification card under section 202 of the REAL ID Act of 
     2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note).
       (b) Aliens Described.--An alien is described in this 
     subsection if the alien--
       (1) before January 1, 2011--

[[Page H6457]]

       (A) was inspected and admitted to the United States;
       (B) entered the United States without inspection; or
       (C) was paroled into the United States;
       (2) has continuously resided in the United States since 
     such entry; and
       (3) is not inadmissible pursuant to paragraph (2), (3), 
     (6)(E), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
       (c) Extension.--Consistent with the requirements under 
     subsection (a), and based on the policies and implementing 
     guidance issued pursuant to this section and in effect when 
     parole was initially granted to the alien under this section, 
     the Secretary of Homeland Security shall extend a grant of 
     parole for an alien described in subsection (b) from the date 
     the initial parole period expires until September 30, 2031.
       (d) Revocation.--The Secretary of Homeland Security may not 
     revoke parole granted to an alien under subsection (a) unless 
     the Secretary determines that such alien is ineligible for 
     parole under subsection (b) based on the policies and 
     implementing guidance in effect when parole was initially 
     granted to the alien under this section.
       (e) Clarifications.--
       (1) In general.--An alien paroled under this section shall 
     not be counted for purposes of the calculation under section 
     201(c)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1151(c)(4)).
       (2) Other relief.--Nothing in this section shall limit the 
     existing authority of the Secretary of Homeland Security to 
     provide administrative or statutory relief to aliens on an 
     individual or class-wide basis.
       (f) Confidentiality of Information.--The Secretary of 
     Homeland Security may not disclose information provided in 
     any application filed under this section to U.S. Immigration 
     and Customs Enforcement, U.S. Customs and Border Protection, 
     or any designee of either such entity or use such information 
     for purposes of immigration enforcement.
       (g) Interim Rules.--Not later than 90 days after the date 
     of the enactment of this section, the Secretary of Homeland 
     Security shall publish in the Federal Register, interim final 
     rules implementing this section and shall, not later than 90 
     days after such rules are published, begin accepting and 
     adjudicating applications for parole under subsection 
     (a)(1)(A).

     SEC. 60002. RECAPTURE OF UNUSED IMMIGRANT VISA NUMBERS.

       (a) 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).''.

       (b) 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 subsection (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 Homeland Security 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 an exemption from 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 an exemption from 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 an exemption from 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 an exemption 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 fees described in this section, section 
     60001, and section 245(n) of the Immigration and Nationality 
     Act, as added by this subtitle--
       (1) shall be deposited in the general fund of the Treasury; 
     and
       (2) may not be waived, in whole or in part.
       (b) Immigrant Visa Petitions.--In addition to any other fee 
     collected in connection with a petition described in this 
     subsection, the Secretary of Homeland Security shall collect 
     a supplemental fee in the amount of--
       (1) $100 in connection with each petition filed under--
       (A) section 204(a)(1)(A)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) for 
     classification by reason of a relationship described under 
     paragraph (1), (3), or (4) of section 203(a) of such Act (8 
     U.S.C. 1153(a)); and
       (B) section 204(a)(1)(B)(i)(I) of such Act (8 U.S.C. 
     1154(a)(1)(B)(i)(I));
       (2) $800 in connection with each petition filed under 
     subparagraph (E) or (F) of section 204(a)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)); and
       (3) $15,000 in connection with each petition filed under 
     subparagraph (H) of section 204(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)).
       (c) Form I-94 or Form I-94W.--The Secretary of Homeland 
     Security shall collect from each individual who is admitted 
     to the United States as a nonimmigrant, and is issued an 
     electronic or paper arrival/departure record (Form I-94 or 
     Form I-94W, or any successor form), a fee of $19.
       (d) Student and Exchange Visitors.--In addition to any 
     other fee collected from an approved institution of higher 
     education, other approved educational institution, or 
     designated exchange visitor program in the United States, in 
     connection with nonimmigrants described in subparagraph (F), 
     (J), or (M) of section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) enrolled in such 
     institution or program, the Secretary of Homeland Security 
     shall collect a supplemental fee of $250 for each such 
     nonimmigrant.
       (e) Permanent Resident Card Replacement.--In addition to 
     any other fee collected in connection with each Application 
     to Replace

[[Page H6458]]

     Permanent Resident Card (Form I-90, or any successor form), 
     filed for purposes of replacing an expired or expiring 
     permanent resident card, the Secretary of Homeland Security 
     shall collect a supplemental fee of $500.
       (f) Nonimmigrant Visa Petitions.--In addition to any other 
     fee collected in connection with a petition filed under 
     section 214 of the Immigration and Nationality Act (8 U.S.C. 
     1184), the Secretary of Homeland Security shall collect a 
     supplemental fee of $500 in connection with each such 
     petition for classification as a nonimmigrant under 
     subparagraph (E), (H)(i)(b), (L), (O), or (P) of section 
     101(a)(15) of such Act (8 U.S.C. 1101(a)(15)).
       (g) Extend/change Status.--In addition to any other fee 
     collected in connection with each Application to Extend/
     Change Nonimmigrant Status (Form I-539, or any successor 
     form), the Secretary of Homeland Security shall collect a 
     supplemental fee of $500.
       (h) Employment Authorization.--In addition to any other fee 
     collected in connection with an application for employment 
     authorization (Form I-765, or any successor form), the 
     Secretary of Homeland Security shall collect a supplemental 
     fee of $500 for each such application filed by an individual 
     seeking such authorization as--
       (1) the spouse of a nonimmigrant described in subparagraph 
     (E), (H), or (L) of section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15));
       (2) a nonimmigrant described in section 101(a)(15)(F) of 
     such Act (8 U.S.C. 1101(a)(15)(F)) to engage in optional 
     practical training; or
       (3) as an applicant for adjustment of status under section 
     245(a) of such Act (8 U.S.C. 1255(a)).
       (i) Effective Date.--The fees authorized by this section 
     shall take effect on the earlier of the date that is--
       (1) 180 days after the date of the enactment of this Act; 
     and
       (2) May 1, 2022.

     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 adjudicate 
     efficiently applications described in section 60001 of this 
     Act, and section 245(n) of the Immigration and Nationality 
     Act (8 U.S.C. 1255(n)), as added by 60003 of this Act, 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, the District of Columbia, 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.

                         Subtitle C--Antitrust

     SEC. 62001. ANTITRUST DIVISION.

       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, 
     $500,000,000, to remain available until September 30, 2031, 
     for necessary expenses for the Department of Justice 
     Antitrust Division for carrying out work of the Division 
     related to competition or enforcement of the antitrust laws.

     SEC. 62002. FEDERAL TRADE COMMISSION FUNDING FOR UNFAIR 
                   COMPETITION AND ANTITRUST ENFORCEMENT WORK.

       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, $500,000,000 to remain available until 
     September 30, 2031, for carrying out work of the Commission 
     related to unfair methods of competition or enforcement of 
     the antitrust laws.

                      Subtitle D--Revenue Matters

     SEC. 63001. ADDITIONAL APPROPRIATION FOR ENFORCEMENT RELATING 
                   TO FEDERAL INCOME TAX EVASION.

       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, 
     $498,000,000, to remain available until September 30, 2030, 
     for necessary expenses for the Department of Justice Tax 
     Division for purposes of enforcing Federal laws against tax 
     evasion, including by pursuing civil cases or prosecuting 
     criminal violations.

               TITLE VII--COMMITTEE ON NATURAL RESOURCES

        Subtitle A--Native American and Native Hawaiian Affairs

     SEC. 70101. TRIBAL CLIMATE RESILIENCE.

       (a) Tribal Climate Resilience and Adaptation.--In addition 
     to amounts otherwise available, there is appropriated to the 
     Director of the Bureau of Indian Affairs for fiscal year 
     2022, out of any money in the Treasury not otherwise 
     appropriated, $441,000,000, to remain available until 
     September 30, 2031, for Tribal climate resilience and 
     adaptation programs.
       (b) Bureau of Indian Affairs Fish Hatcheries.--In addition 
     to amounts otherwise available, there is appropriated to the 
     Director of the Bureau of Indian Affairs for fiscal year 
     2022, out of any money in the Treasury not otherwise 
     appropriated, $19,600,000, to remain available until 
     September 30, 2031, for fish hatchery operations and 
     maintenance programs of the Bureau of Indian Affairs.
       (c) Administration.--In addition to amounts otherwise 
     available, there is appropriated to the Director of the 
     Bureau of Indian Affairs for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated, $9,400,000, 
     to remain available until September 30, 2031, for the 
     administrative costs of carrying out this section. None of 
     the funds provided by this section shall be subject to cost-
     sharing or matching requirements
       (d) Small and Needy Program.--Amounts 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.
       (e) Distribution; Use of Funds.--Amounts made available 
     under this section that are distributed to Indian Tribes and 
     Tribal organizations for services pursuant to a self-
     determination contract (as defined in subsection (j) of 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304(j))) or a self-governance 
     compact entered into pursuant to subsection (a) of section 
     404 of the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 5364(a))--
       (1) shall be distributed on a 1-time basis;
       (2) shall not be part of the amount required by subsections 
     (a) through (b) of section 106 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5325(a)-(b)); and
       (3) shall only be used for the purposes identified under 
     the applicable subsection.

     SEC. 70102. NATIVE HAWAIIAN CLIMATE RESILIENCE.

       (a) Native Hawaiian Climate Resilience and Adaptation.--In 
     addition to amounts otherwise available, there is 
     appropriated to the Senior Program Director of the Office of 
     Native Hawaiian Relations for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated, 
     $49,000,000, to remain available until September 30, 2031, to 
     carry out, through financial assistance, technical 
     assistance, direct expenditure, grants, contracts, or 
     cooperative agreements, climate resilience and adaptation 
     activities that serve the Native Hawaiian Community.
       (b) Administration.--In addition to amounts otherwise 
     available, there is appropriated to the Senior Program 
     Director of the Office of Native Hawaiian Relations for 
     fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $1,000,000, to remain available until 
     September 30, 2031, for the administrative costs of carrying 
     out this section. None of the funds provided by this section 
     shall be subject to cost-sharing or matching requirements.

     SEC. 70103. TRIBAL ELECTRIFICATION PROGRAM.

       (a) Tribal Electrification Program.--In addition to amounts 
     otherwise available, there is appropriated to the Director of 
     the Bureau of Indian Affairs for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated, 
     $294,000,000, to remain available until September 30, 2031, 
     for--
       (1) the provision of electricity to unelectrified Tribal 
     homes through renewable energy systems;
       (2) transitioning electrified Tribal homes to renewable 
     energy systems; and
       (3) associated home repairs and retrofitting necessary to 
     install the renewable energy systems authorized under 
     paragraphs (1) and (2).
       (b) Administration.--In addition to amounts otherwise 
     available, there is appropriated to the Director of the 
     Bureau of Indian Affairs for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated, $6,000,000, 
     to remain available until September 30, 2031, for the 
     administrative costs of carrying out this section.
       (c) Small and Needy Program.--Amounts 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.
       (d) Distribution; Use of Funds.--Amounts made available 
     under this section that are distributed to Indian Tribes and 
     Tribal organizations for services pursuant to a self-
     determination contract (as defined in subsection (j) of 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304(j))) or a self-governance 
     compact entered into pursuant to subsection (a) of section 
     404 of the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 5364(a))--
       (1) shall be distributed on a 1-time basis;
       (2) shall not be part of the amount required by subsections 
     (a) through (b) of section 106 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5325(a)-(b)); and
       (3) shall only be used for the purposes identified under 
     the applicable subsection.

     SEC. 70104. EMERGENCY DROUGHT RELIEF FOR TRIBES.

       In addition to amounts otherwise available, there is 
     appropriated to the Commissioner of the Bureau of Reclamation 
     for fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $25,000,000, to remain available 
     until

[[Page H6459]]

     September 30, 2026, for near-term drought relief actions to 
     mitigate drought impacts for Indian Tribes 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 the loss of Tribal 
     trust resources.

     SEC. 70105. NATIVE AMERICAN CONSULTATION RESOURCE CENTER.

       (a) In General.--In addition to amounts otherwise 
     available, there is appropriated to the Secretary of the 
     Interior for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $33,000,000, to remain 
     available until September 30, 2031, to establish and 
     administer a Native American Consultation Resource Center 
     (the authority for which shall expire on September 30, 2031) 
     to provide training and technical assistance to support 
     Federal consultation and coordination responsibilities 
     relating to--
       (1) the protection of the natural and cultural resources of 
     Native Americans;
       (2) land use planning and development that impacts Tribal 
     Governments, Alaska Native Corporations, and the Native 
     Hawaiian Community; and
       (3) infrastructure projects that impact Tribal Governments, 
     Alaska Native Corporations, and the Native Hawaiian 
     Community.
       (b) Definition.--In this section:
       (1) Alaska native corporation.--The term ``Alaska Native 
     Corporation'' has the meaning given the term in subsection 
     (m) of section 3 of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1602(m)).
       (2) Native american.--The term ``Native American'' means--
       (A) an Indian (as defined in subsection (d) of section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5304(d)));
       (B) a Native Hawaiian (as defined in item (10) of section 2 
     of the Native American Graves Protection and Repatriation Act 
     (25 U.S.C. 3001(10))); and
       (C) a Native (as defined in subsection (b) of section 3 of 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b))).
       (3) 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 
     most recently as of the date of enactment of this paragraph 
     pursuant to section 104 of the Federally Recognized Indian 
     Tribe List Act of 1994 (25 U.S.C. 5131).

     SEC. 70106. INDIAN HEALTH SERVICE.

       (a) Maintenance and Improvement.--In addition to amounts 
     otherwise available, there is appropriated to the Director of 
     the Indian Health Service for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated, 
     $945,000,000, to remain available until September 30, 2031, 
     for maintenance and improvement of facilities operated by the 
     Indian Health Service or pursuant to a self-determination 
     contract (as defined in subsection (j) of section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304(j))) or a self-governance compact entered into 
     pursuant to subsection (a) of section 404 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5364(a)).
       (b) Mental Health and Substance Use Disorders.--In addition 
     to amounts otherwise available, there is appropriated to the 
     Director of the Indian Health Service for fiscal year 2022, 
     out of any money in the Treasury not otherwise appropriated, 
     $123,716,000, to remain available until September 30, 2031, 
     for mental health and substance use prevention and treatment 
     services, including facility renovation, construction, or 
     expansion relating to mental health and substance use 
     prevention and treatment services.
       (c) Priority Health Care Facilities.--In addition to 
     amounts otherwise available, there is appropriated to the 
     Director of the Indian Health Service 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 projects identified through the health care facility 
     priority system established and maintained pursuant to 
     subparagraph (A) of paragraph (1) of subsection (c) of 
     section 301 of the Indian Health Care Improvement Act (25 
     U.S.C. 1631(c)(1)(A)).
       (d) Small Ambulatory.--In addition to amounts otherwise 
     available, there is appropriated to the Director of 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, for small 
     ambulatory construction.
       (e) Urban Indian Organizations.--In addition to amounts 
     otherwise available, there is appropriated to the Director of 
     the Indian Health 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, 
     for, notwithstanding the restrictions described in section 
     509 of the Indian Health Care Improvement Act (25 U.S.C. 
     1659), the renovation, construction, expansion, equipping, 
     and improvement of facilities owned or leased by an Urban 
     Indian organization (as defined in item (29) of section 4 of 
     that Act (25 U.S.C. 1603(29))).
       (f) Epidemiology Centers.--In addition to amounts otherwise 
     available, there is appropriated to the Director of the 
     Indian Health 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, for the 
     epidemiology centers established under paragraphs (1) through 
     (2) of subsection (a) of section 214 of the Indian Health 
     Care Improvement Act (25 U.S.C. 1621m(a)(1)-(2)).
       (g) Environmental Health and Facilities Support 
     Activities.--In addition to amounts otherwise available, 
     there is appropriated to the Director of the Indian Health 
     Service for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $113,284,000, to remain 
     available until September 30, 2031, for environmental health 
     and facilities support activities of the Indian Health 
     Service.
       (h) Distribution; Use of Funds.--Amounts appropriated under 
     this section that are distributed to Indian Tribes and Tribal 
     organizations for services pursuant to a self-determination 
     contract (as defined in subsection (j) of section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304(j))) or a self-governance compact entered into 
     pursuant to subsection (a) of section 404 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5364(a))--
       (1) shall be distributed on a 1-time basis;
       (2) shall not be part of the amount required by subsections 
     (a) through (b) of section 106 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5325(a)-(b)); and
       (3) shall only be used for the purposes identified under 
     the applicable subsection.

     SEC. 70107. TRIBAL PUBLIC SAFETY.

       (a) Public Safety and Justice.--In addition to amounts 
     otherwise available, there is appropriated to the Assistant 
     Secretary for Indian Affairs for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated, 
     $490,000,000, to remain available until September 30, 2031, 
     for public safety and justice programs and construction.
       (b) Administration.--In addition to amounts otherwise 
     available, there is appropriated to the Assistant Secretary 
     for Indian Affairs 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 the 
     administrative costs of carrying out this section.
       (c) Small and Needy Program.--Amounts 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.
       (d) Distribution; Use of Funds.--Amounts made available 
     under this section that are distributed to Indian Tribes and 
     Tribal organizations for services pursuant to a self-
     determination contract (as defined in subsection (j) of 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304(j))) or a self-governance 
     compact entered into pursuant to subsection (a) of section 
     404 of the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 5364(a))--
       (1) shall be distributed on a 1-time basis;
       (2) shall not be part of the amount required by subsections 
     (a) through (b) of section 106 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5325(a)-(b)); and
       (3) shall only be used for the purposes identified under 
     the applicable subsection.

     SEC. 70108. BUREAU OF INDIAN AFFAIRS AND TRIBAL ROADS.

       (a) Roads.--In addition to amounts otherwise available, 
     there is appropriated to the Director of the Bureau of Indian 
     Affairs for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $715,400,000, to remain 
     available until September 30, 2026, for the Bureau of Indian 
     Affairs Road System and Tribal transportation facilities (as 
     defined in paragraph (31) of subsection (a) of section 101 of 
     title 23, United States Code)--
       (1) for road maintenance;
       (2) for planning, design, construction, and reconstruction 
     activities; and
       (3) to address the deferred road maintenance backlog at the 
     Bureau of Indian Affairs.
       (b) Administration.--In addition to amounts otherwise 
     available, there is appropriated to the Director of the 
     Bureau of Indian Affairs for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated, 
     $14,600,000, to remain available until September 30, 2026, 
     for the administrative costs of carrying out this section.

      Subtitle B--National Oceanic and Atmospheric Administration

     SEC. 70201. INVESTING IN COASTAL COMMUNITIES AND CLIMATE 
                   RESILIENCE.

       (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, 
     $6,000,000,000, to remain available until September 30, 2026, 
     to provide funding through direct expenditure, contracts, 
     grants, cooperative agreements, or technical assistance to 
     coastal states (as defined in paragraph (4) of section 304 of 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4))), 
     the District of Columbia, Tribal Governments, nonprofit 
     organizations, local governments, and institutions of higher 
     education (as defined in subsection (a) of section 101 of the 
     Higher Education Act of 1965 (20 U.S.C. 1001(a))), for the 
     conservation, restoration, and protection of coastal and 
     marine habitats and resources, including fisheries, to enable 
     coastal communities to prepare for extreme storms and other 
     changing climate conditions, and for projects that support 
     natural resources that sustain coastal and marine resource 
     dependent communities, and for related administrative 
     expenses. None of the funds provided by this section shall be 
     subject to cost-sharing or matching requirements.
       (b) Tribal Government Defined.--In this section, 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 most recently as of the date of enactment of 
     this subsection pursuant to section 104 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

[[Page H6460]]

  


     SEC. 70202. PACIFIC SALMON RESTORATION AND CONSERVATION.

       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, $1,000,000,000, to 
     remain available until September 30, 2026, for the purposes 
     of supporting the restoration and conservation of Pacific 
     salmon and steelhead populations and the habitat of those 
     populations, including by improving climate resilience and 
     climate adaptation, and for related administrative expenses.

     SEC. 70203. MARINE FISHERIES INFRASTRUCTURE.

       (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, 
     $400,000,000, to remain available until September 30, 2026, 
     for grants to States and Tribal Governments, to repair, 
     replace, and upgrade hatchery infrastructure for the 
     production of a fishery (as defined in paragraph (13) of 
     section 3 of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1802(13))) that is included in a 
     fishery management plan or plan amendment approved by the 
     Secretary of Commerce under subsection (a) of section 301 of 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1851(a)), and for related administrative expenses.
       (b) Tribal Government.--In this section, 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 most recently as of the date of enactment of 
     this subsection pursuant to section 104 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

     SEC. 70204. MARINE FISHERIES AND MARINE MAMMAL STOCK 
                   ASSESSMENTS, SURVEYS, AND RESEARCH AND 
                   MANAGEMENT.

       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, 2026, for purposes of Federal 
     fisheries management, marine fisheries conservation, and 
     marine mammal research, including fisheries and marine mammal 
     stock assessments, marine fisheries data collection, surveys, 
     scientific research, and management, acquisition of 
     electronic monitoring equipment for fishery participants, 
     transitional gear research, and ecosystem-based assessments 
     in support of marine fish species, including fisheries 
     managed under section 303 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1853) and 
     subsection (a) of section 117 of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1386(a)).

     SEC. 70205. FACILITIES OF THE NATIONAL OCEANIC AND 
                   ATMOSPHERIC ADMINISTRATION AND NATIONAL MARINE 
                   SANCTUARIES.

       (a) National Oceanic and Atmospheric Administration 
     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, $300,000,000, to remain 
     available until September 30, 2026, for the construction of 
     new facilities (including facilities in need of replacement) 
     including piers, marine operations facilities, and fisheries 
     laboratories.
       (b) National Marine Sanctuaries 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, $100,000,000, to remain available until 
     September 30, 2026, for the construction of facilities to 
     support the National Marine Sanctuary System established 
     under subsection (c) of section 301 of the National Marine 
     Sanctuaries Act (16 U.S.C. 1431(c)).

     SEC. 70206. NOAA EFFICIENT AND EFFECTIVE REVIEWS.

       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, $20,000,000, to remain 
     available until September 30, 2026, to provide for the 
     development of more efficient, accurate, and timely reviews 
     for planning, permitting and approval processes through the 
     hiring and training of personnel, the development of 
     programmatic documents, the procurement of technical or 
     scientific services for reviews, the development of 
     environmental data or information systems, stakeholder and 
     community engagement, the purchase of new equipment for 
     environmental analysis, and the development of geographic 
     information systems and other analysis tools, techniques, and 
     guidance to improve agency transparency, accountability, and 
     public engagement.

     SEC. 70207. SEAFOOD IMPORT MONITORING PROGRAM.

       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, 2026, to implement the seafood 
     import monitoring program of the National Oceanic and 
     Atmospheric Administration.

          Subtitle C--United States Fish and Wildlife Service

     SEC. 70301. ENDANGERED SPECIES ACT RECOVERY PLANS.

       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, $180,000,000, to remain available 
     until expended, for the purposes of developing and 
     implementing recovery plans under paragraphs (1), (3), and 
     (4) of subsection (f) of section 4 of the Endangered Species 
     Act of 1973 (16 U.S.C. 1533(f)).

     SEC. 70302. 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, $4,850,000, to 
     remain available until expended, to make direct expenditures, 
     award grants, and enter into contracts and cooperative 
     agreements for the purposes of conserving endangered species 
     and threatened species of plants in the Hawaiian Islands and 
     the Pacific Island Territories of the United States under 
     paragraphs (1), (3), and (4) of subsection (f) of section 4 
     of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)).
       (b) Administrative Expenses.--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, 
     $150,000, to remain available until September 30, 2030, for 
     necessary administrative expenses associated with carrying 
     out this section.

     SEC. 70303. 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, $4,850,000, to 
     remain available until expended, to make direct expenditures, 
     award grants, and enter into contracts and cooperative 
     agreements for the purposes of conserving endangered species 
     and threatened species of pollinators in the United States 
     under paragraphs (1), (3), and (4) of subsection (f) of 
     section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
     1533(f)).
       (b) Administrative Expenses.--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, 
     $150,000, to remain available until September 30, 2030, for 
     necessary administrative expenses associated with carrying 
     out this section.

     SEC. 70304. 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, $4,850,000, to 
     remain available until expended, to make direct expenditures, 
     award grants, and enter into contracts and cooperative 
     agreements for the purposes of conserving endangered species 
     and threatened species of freshwater mussels in the United 
     States under paragraphs (1), (3), and (4) of subsection (f) 
     of section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
     1533(f)).
       (b) Administrative Expenses.--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, 
     $150,000, to remain available until September 30, 2030, for 
     necessary administrative expenses associated with carrying 
     out this section.

     SEC. 70305. 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, $4,850,000, to 
     remain available until expended, to make direct expenditures, 
     award grants, and enter into contracts and cooperative 
     agreements for the purposes of conserving endangered species 
     and threatened species of desert fish in the United States 
     under paragraphs (1), (3), and (4) of subsection (f) of 
     section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
     1533(f)).
       (b) Administrative Expenses.--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, 
     $150,000, to remain available until September 30, 2030, for 
     necessary administrative expenses associated with carrying 
     out this section.

     SEC. 70306. 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, $242,500,000, to 
     remain available until September 30, 2026, to make direct 
     expenditures, award grants, and enter into contracts and 
     cooperative agreements for the purposes of rebuilding and 
     restoring units of the National Wildlife Refuge System and 
     State wildlife management areas, including by--
       (1) addressing the threat of invasive species;
       (2) increasing the resiliency and capacity of habitats and 
     infrastructure to withstand climate-induced weather events; 
     and
       (3) reducing the amount of damage caused by climate-induced 
     weather events.
       (b) Administrative Costs.--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, $7,500,000, to 
     remain available until September 30, 2026, for necessary 
     administrative expenses associated with carrying out this 
     section.

     SEC. 70307. WILDLIFE CORRIDOR CONSERVATION.

       (a) In General.--In addition to amounts otherwise 
     available, there is appropriated to the

[[Page H6461]]

     United States Fish and Wildlife Service for fiscal year 2022, 
     out of any money in the Treasury not otherwise appropriated, 
     $9,700,000, to remain available until expended, to carry out, 
     through direct expenditures, contracts, grants, and 
     cooperative agreements, activities necessary for--
       (1) mapping wildlife corridors;
       (2) the conservation and restoration of wildlife corridors; 
     and
       (3) addressing the conservation and restoration of wildlife 
     corridors--
       (A) on land included in the National Wildlife Refuge 
     System; and
       (B) on private land through--
       (i) the Partners for Fish and Wildlife Program of the 
     United States Fish and Wildlife Service; and
       (ii) the Coastal Program of the United States Fish and 
     Wildlife Service.
       (b) Administrative Costs.--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, $300,000, to 
     remain available until September 30, 2030, for necessary 
     administrative expenses associated with carrying out this 
     section.

     SEC. 70308. GRASSLAND RESTORATION.

       (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, $38,800,000, to 
     remain available until expended to make direct expenditures, 
     award grants, and enter into contracts and cooperative 
     agreements for carrying out the protection and restoration of 
     grassland habitats.
       (b) Administrative Costs.--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, $1,200,000, to 
     remain available until September 30, 2030, for necessary 
     administrative expenses associated with carrying out this 
     section.

     Subtitle D--Water Resources Research and Technology Institutes

     SEC. 70401. WATER RESOURCES RESEARCH AND TECHNOLOGY 
                   INSTITUTES.

       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, for grants and other financial 
     assistance to water resources research and technology 
     institutes, centers, and equivalent agencies.

              Subtitle E--Council on Environmental Quality

     SEC. 70501. ENVIRONMENTAL AND CLIMATE DATA COLLECTION.

       In addition to amounts otherwise available, there is 
     appropriated to the Chair of the Council on Environmental 
     Quality for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $65,000,000, to remain 
     available until September 30, 2026--
       (1) to support data collection efforts relating to--
       (A) disproportionate negative environmental harms and 
     climate impacts; and
       (B) cumulative impacts of pollution and temperature rise;
       (2) to establish, expand, and maintain efforts to track 
     disproportionate burdens and cumulative impacts, including 
     academic and workforce support for analytics and informatics 
     infrastructure and data collection systems; and
       (3) to support efforts to ensure that any mapping or 
     screening tool is accessible to community-based organizations 
     and community members.

     SEC. 70502. COUNCIL ON ENVIRONMENTAL QUALITY EFFICIENT AND 
                   EFFECTIVE ENVIRONMENTAL REVIEWS.

       In addition to amounts otherwise available, there is 
     appropriated to the Chair of the Council on Environmental 
     Quality for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $15,000,000, to remain 
     available until September 30, 2026, to carry out the Council 
     on Environmental Quality's functions and for the purposes of 
     training personnel, developing programmatic environmental 
     documents, and developing tools, guidance, and techniques to 
     improve stakeholder and community engagement.

 Subtitle F--Department of the Interior Efficient and Effective Reviews

     SEC. 70601. DEPARTMENT OF THE INTERIOR EFFICIENT AND 
                   EFFECTIVE REVIEWS.

       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, $100,000,000, to remain available until 
     September 30, 2026, to provide for the development of more 
     efficient, accurate, and timely reviews for planning, 
     permitting, and approval processes for the National Park 
     Service, the Bureau of Land Management, the Bureau of Ocean 
     Energy Management, the Bureau of Reclamation, the Bureau of 
     Safety and Environmental Enforcement, and the Office of 
     Surface Mining Reclamation and Enforcement through the hiring 
     and training of personnel, the development of programmatic 
     documents, the procurement of technical or scientific 
     services for reviews, the development of environmental data 
     or information systems, stakeholder and community engagement, 
     the purchase of new equipment for environmental analysis, and 
     the development of geographic information systems and other 
     analysis tools, techniques, and guidance to improve agency 
     transparency, accountability, and public engagement.

                        Subtitle G--Public Lands

     SEC. 70701. NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND 
                   RESILIENCE.

       In addition to amounts otherwise available, there is 
     appropriated to the Secretary of the Interior 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, to carry out projects for the 
     conservation, protection, and resiliency of lands and 
     resources administered by the National Park Service and 
     Bureau of Land Management. None of the funds provided under 
     this section shall be subject to cost-share or matching 
     requirements.

     SEC. 70702. NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND 
                   ECOSYSTEM RESTORATION.

       In addition to amounts otherwise available, there is 
     appropriated to the Secretary of the Interior for fiscal year 
     2022, out of any money in the Treasury not otherwise 
     appropriated, $750,000,000, to remain available until 
     September 30, 2031, to carry out conservation, ecosystem and 
     habitat restoration projects on lands administered by the 
     National Park Service and Bureau of Land Management. None of 
     the funds provided under this section shall be subject to 
     cost-share or matching requirements.

     SEC. 70703. LANDS PROJECTS.

       (a) Definitions.--With regard to this section:
       (1) Appropriate conservation projects.--The term 
     ``appropriate conservation projects'' means any project for 
     the conservation, restoration, construction, or 
     rehabilitation of natural, cultural, historic, 
     archaeological, recreational, or scenic resources on public 
     lands administered by the National Park Service or Bureau of 
     Land Management.
       (2) Resiliency or restoration projects.--The term 
     ``restoration or resiliency projects'' means any project 
     funded under sections 70701 and 70702.
       (b) In General.--In addition to amounts otherwise 
     available, there is appropriated to the Secretary of the 
     Interior for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $500,000,000, to remain 
     available until September 30, 2031, to provide funding, 
     including all expenses necessary to provide funding, through 
     direct expenditure, grants, contracts, or cooperative 
     agreements, to perform appropriate conservation projects or 
     resiliency or restoration projects, including all expenses 
     necessary to carry out such projects, on public lands 
     administered by the National Park Service and Bureau of Land 
     Management. None of the funds provided under this section 
     shall be subject to cost-share or matching requirements.

     SEC. 70704. WILDFIRE MANAGEMENT.

       In addition to amounts otherwise available, there is 
     appropriated to the Secretary of the Interior 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 wildland fire management by the 
     Bureau of Land Management or National Park Service, including 
     improvement, relocation, renovation, or construction of 
     firefighting facilities; reduction of wildfire hazards to 
     communities through fuels projects within the wildland-urban 
     interface; burned area rehabilitation; rural fire assistance; 
     for salaries and expenses for wildland firefighters; 
     wildfire-related information technology and geospatial 
     analysis; deployment of remote sensing technologies; wildfire 
     science and research, including fireshed mapping; and, 
     through the Office of Aviation Services, purchase, lease or 
     contract of fixed-wing aircraft, and the assessment and 
     deployment of technologies to limit disruptions to 
     firefighting operations at night, in a degraded visual 
     environment, and by unauthorized unmanned aircraft system, 
     including the feasibility of optionally-piloted rotor-wing 
     aircraft and containerized retardant-delivery systems.

     SEC. 70705. NATIONAL PARK SERVICE DEFERRED MAINTENANCE AND 
                   DEPARTMENT OF THE INTERIOR HOUSING.

       In addition to amounts otherwise available, there is 
     appropriated to the Secretary of the Interior for fiscal year 
     2022, out of any money in the Treasury not otherwise 
     appropriated, $400,000,000, to remain available until 
     September 30, 2026, for carrying out priority deferred 
     maintenance projects, which may include resolving directly-
     related infrastructure deficiencies, including through direct 
     expenditures or transfer authority, within the boundaries of 
     the National Park System and to provide housing, including 
     expenses necessary to provide housing, for--
       (1) field employees of the National Park Service pursuant 
     to subchapter III of chapter 1013 of title 54, United States 
     Code;
       (2) field employees of the Bureau of Land Management in a 
     manner similar to the provision of housing under paragraph 
     (1); and
       (3) participants in corps programs performing appropriate 
     conservation projects or resiliency and restoration projects 
     under grants, contracts, or cooperative agreements with the 
     National Park Service or the Bureau of Land Management in a 
     manner similar to the provision of housing under paragraph 
     (1).

     SEC. 70706. URBAN PARKS.

       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, $100,000,000, to remain available 
     until September 30, 2026, to carry out direct, competitive 
     grants to localities for acquisition of land or interests in 
     land, or for development of recreation facilities to create 
     or significantly enhance access to parks or outdoor 
     recreation in urban areas, subject to the conditions that no 
     property acquired or developed with funding under this 
     section shall be converted to uses other than public outdoor 
     recreation without the approval

[[Page H6462]]

     of the Secretary. Such approval shall require assurances as 
     the Secretary considers necessary to ensure the substitution 
     of other recreational properties of equivalent or greater 
     fair market value and of equivalent usefulness and 
     accessibility.

     SEC. 70707. HISTORIC PRESERVATION.

       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, $25,000,000, to remain available 
     until September 30, 2026, to provide funding through direct 
     expenditure, contracts, grants, cooperative agreements, or 
     technical assistance to States, Indian Tribes, the District 
     of Columbia, and Territories to carry out preservation or 
     historic preservation as defined by section 300315 of title 
     54, United States Code.

     SEC. 70708. NATIONAL HERITAGE AREAS.

       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, $50,000,000, to remain available 
     until September 30, 2026, to carry out funding for National 
     Heritage Area Partnerships, including funding in fiscal year 
     2022 for any national heritage area, national heritage 
     corridor, cultural heritage corridor, national heritage 
     partnership, national heritage canalway, national heritage 
     route, and battlefields national historic district authorized 
     to receive Federal funds as of September 1, 2021.

     SEC. 70709. WITHDRAWALS.

        The Secretary of the Interior shall, on or before June 30, 
     2024, withdraw, permanently or for a set term and subject to 
     valid existing rights, lands or interest in lands 
     administered by the Bureau of Land Management from entry, 
     appropriation, disposal, location, leasing, permitting, and 
     patent. Withdrawals made under this section shall result in 
     an aggregate reduction of receipts payable to the Treasury 
     between the date of the enactment of this section and the end 
     of fiscal year 2031 of $10,000,000.

     SEC. 70710. NATIONAL PARK SERVICE EMPLOYEES.

       In addition to amounts otherwise available, there is 
     appropriated to the Secretary of the Interior for fiscal year 
     2022, out of any money in the Treasury not otherwise 
     appropriated, $500,000,000, to remain available through 
     September 30, 2030, to hire employees in units of the 
     National Park System.

             Subtitle H--Drought Response and Preparedness

     SEC. 70801. BUREAU OF RECLAMATION DOMESTIC WATER SUPPLY 
                   PROJECTS.

       (a) Funding for Domestic Water Supply Projects.--In 
     addition to amounts otherwise available, there is 
     appropriated to the Commissioner of the Bureau of Reclamation 
     for fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $550,000,000, to remain available 
     until expended, for grants, contracts, or financial 
     assistance agreements for disadvantaged communities 
     (identified according to criteria adopted by the 
     Commissioner) in a manner as determined by the Commissioner 
     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 domestic water supplies to communities or 
     households that do not have reliable access to domestic water 
     supplies 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).
       (b) Additional Funding.--In addition to amounts otherwise 
     available, there is appropriated to the Commissioner of the 
     Bureau of Reclamation for fiscal year 2032 and each fiscal 
     year thereafter, out of any money in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available 
     until expended, for grants, contracts, or financial 
     assistance agreements for disadvantaged communities 
     (identified according to criteria adopted by the 
     Commissioner) in a manner as determined by the Commissioner 
     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 domestic water supplies to communities or 
     households that do not have reliable access to domestic water 
     supplies in a United States territory or a Western State (as 
     described in item (6) of section 3002 of the Western Water 
     Policy Review Act of 1992).

     SEC. 70802. 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) and (B).
       (2) 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, 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 
     authorized nonreimbursable benefits (including benefits 
     provided through measurable reductions in water diversions 
     from a river basin that is associated with or affected by, or 
     located within the same river basin as a Federal reclamation 
     project) 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 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; and
       (2) providing multiple benefits, including water supply 
     reliability benefits for drought-stricken States, Indian 
     Tribes, and communities, and benefits from measurable 
     reductions in water diversions.
     The Bureau of Reclamation shall not impose a total dollar cap 
     on Federal contributions that applies to all individual 
     projects funded under this section. 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. 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. 70803. ADDRESSING REDUCED WATER AVAILABILITY FOR INLAND 
                   WATER BODIES.

       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, to provide grants and enter into 
     contracts and cooperative agreements to carry out projects to 
     mitigate the impact of reduced water inflows into inland 
     water bodies associated with, affected by, or located within 
     the same river basin as a Bureau of Reclamation water 
     project, to cover up to 50 percent of the total cost of the 
     project, in partnership with a State, Indian Tribe, 
     municipality, irrigation district, water district, wastewater 
     district, nonprofit organization, institution of higher 
     learning, or an agency established under State law for the 
     joint exercise of powers.

     SEC. 70804. CANAL REPAIR AND IMPROVEMENT PROJECTS.

       (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, $25,000,000, to remain available 
     until 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) 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, $25,000,000, to remain 
     available until September 30, 2031, for the design, study, 
     and implementation of projects (including pilot and 
     demonstration projects) to cover conveyance facilities 
     receiving grants under subsection (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.

                      Subtitle I--Insular Affairs

     SEC. 70901. INSULAR AFFAIRS CRITICAL 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, $1,000,000,000, to 
     remain available until September 30, 2026, for critical 
     infrastructure in the territories. Amounts made available 
     under this section shall be distributed under section 701 of 
     the Covenant approved under Public Law 94-241 in the manner 
     provided under the heading ``assistance to territories'' in 
     title I of the Department of the Interior and Related 
     Agencies Appropriations Act, 1996, as enacted by Public Law 
     104-134 (110 Stat. 1321-173).

     SEC. 70902. 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, 
     $29,100,000, to remain available until September 30, 2026, to 
     provide technical assistance for climate change planning, 
     mitigation, adaptation, and resilience to United States 
     Insular Areas under the Office of Insular Affairs.
       (b) Administrative Expenses.--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, $900,000, to remain available until September 
     30, 2026, for necessary administrative expenses associated 
     with carrying out this section.

[[Page H6463]]

  


     SEC. 70903. DEFINITIONS.

       For the purposes of this subtitle:
       (1) Territories.--The term ``territories'' means American 
     Samoa, the Commonwealth of the Northern Mariana Islands, 
     Guam, and the Virgin Islands of the United States.
       (2) United states insular areas.--The term ``United States 
     Insular Areas'' means American Samoa, the Commonwealth of the 
     Northern Mariana Islands, Guam, Puerto Rico, or the Virgin 
     Islands of the United States.

                       Subtitle J--Offshore Wind

     SEC. 71001. RENEWABLE ENERGY LEASING ON THE OUTER CONTINENTAL 
                   SHELF.

       The Secretary of the Interior shall grant leases, 
     easements, and rights-of-way, to produce or support 
     production, transportation, or transmission of electricity 
     from renewable energy facilities on the Outer Continental 
     Shelf in the areas identified on the map entitled ``Outer 
     Continental Shelf Lower 48 States Planning Areas'' and dated 
     October 18, 2021, as the Mid Atlantic Planning Area, the 
     South Atlantic Planning Area, the Straits of Florida Planning 
     Area, and the Eastern Gulf of Mexico Planning Area.

     SEC. 71002. OFFSHORE WIND FOR THE TERRITORIES.

       The Secretary of the Interior shall grant leases, 
     easements, and rights-of-way to produce or support 
     production, transportation, or transmission of electricity 
     from renewable energy facilities in submerged lands seaward 
     from the coastline of Puerto Rico, Guam, American Samoa, the 
     Virgin Islands of the United States, and the Commonwealth of 
     the Northern Mariana Islands and of which the subsoil and 
     seabed appertain to the United States and are subject to its 
     jurisdiction and control. The Secretary of the Interior shall 
     conduct wind lease sales in said submerged lands if the 
     Secretary of the Interior has determined that a wind lease 
     sale is feasible and issued a call for information and 
     nominations, determined there is sufficient interest in 
     leasing the area, and consulted with the Governor of the 
     territory regarding the suitability of the area for wind 
     energy development.

               Subtitle K--Preventing Damage From Mining

     SEC. 71101. FUNDING TO PREVENT 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, to revise rules and regulations to prevent undue 
     degradation of public lands due to hardrock mining 
     activities.

              Subtitle L--Arctic National Wildlife Refuge

     SEC. 71201. 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 section.

        Subtitle M--Outer Continental Shelf Oil and Gas Leasing

     SEC. 71301. PROTECTION OF THE EASTERN GULF, ATLANTIC, AND 
                   PACIFIC COASTS.

       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 any of the planning areas 
     on the Outer Continental Shelf in the Pacific Region Planning 
     Areas, in the Atlantic Region Planning Areas, or in the 
     Eastern Gulf of Mexico Planning Area identified on the map 
     entitled ``Outer Continental Shelf Lower 48 States Planning 
     Areas'' and dated October 18, 2021.

                   Subtitle N--Fossil Fuel Resources

     SEC. 71401. ONSHORE FOSSIL FUEL ROYALTY RATES.

       All new onshore oil and gas leases issued by the Secretary 
     of the Interior shall be conditioned upon the payment of a 
     royalty at a rate of 18.75 percent in amount or value of the 
     production from the lease. Before a terminated or cancelled 
     oil or gas lease may be reinstated by the Secretary of the 
     Interior, back royalties must be paid, and future royalties 
     shall be at a rate of 25 percent in amount or value of the 
     production from the lease.

     SEC. 71402. OFFSHORE OIL AND GAS ROYALTY RATE.

       All new offshore oil and gas leases on submerged lands of 
     the outer Continental Shelf granted by the Secretary of the 
     Interior shall be conditioned upon the payment of a royalty 
     at a rate of not less than 14 percent in amount or value of 
     the production from the lease.

     SEC. 71403. OIL AND GAS MINIMUM BID.

       The onshore minimum acceptable bid charged by the Secretary 
     of the Interior shall be $10 per acre on Federal lands in the 
     contiguous United States authorized to be leased by the 
     Secretary for production of oil and gas. The Secretary of the 
     Interior shall by regulation, at least once every 4 years, 
     adjust the dollar amount to reflect the change in inflation.

     SEC. 71404. DEFERRED COAL BONUS PAYMENTS.

       The Secretary of the Interior may not offer Federal coal 
     leases under a system of deferred bonus payment.

     SEC. 71405. FOSSIL FUEL RENTAL RATES.

       The Secretary of the Interior shall require all onshore oil 
     and gas leases in the contiguous United States to be 
     conditioned upon payment by the lessee of a rental of $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 $5 per acre per year. The Secretary of the 
     Interior shall by regulation, at least once every 4 years, 
     adjust the dollar amounts to reflect the change in inflation. 
     A terminated onshore oil and gas lease may not be reinstated 
     without the payment of back rentals and a requirement that 
     future rentals be at a rate of $20 per acre per year.

     SEC. 71406. FOSSIL FUEL LEASE TERM LENGTH.

       (a) A new coal lease issued by the Secretary of the 
     Interior shall be for a term of ten years. Any lease which is 
     not producing in commercial quantities at the end of 5 years 
     shall be terminated. The aggregate number of years during the 
     period of any lease for which advance royalties may be 
     accepted in lieu of the condition of continued operation 
     shall not exceed 10 years.
       (b) Leases for exploration for and development of oil or 
     gas in the contiguous United States issued by the Secretary 
     of the Interior shall be for a primary term of 5 years.

     SEC. 71407. EXPRESSION OF INTEREST FEE.

       (a) In General.--The Secretary of the Interior shall charge 
     any person who submits an expression of interest in leasing 
     land in the contiguous United States available for 
     disposition for exploration and development of oil or gas a 
     fee in an amount determined by the Secretary of the Interior 
     under subsection (b).
       (b) Amount.--The fee authorized under subsection (a) shall 
     be established by the Secretary of the Interior in an amount 
     that is determined by the Secretary of the Interior to be 
     appropriate to cover the aggregate cost of processing an 
     expression of interest under this section, but not less than 
     $15 per acre and not more than $50 per acre of the area 
     covered by the applicable expression of interest.
       (c) Adjustment of Fee.--The Secretary of the Interior 
     shall, by regulation at least every 4 years, establish a 
     higher expression of interest fee to reflect the change in 
     inflation.

     SEC. 71408. ELIMINATION OF NONCOMPETITIVE LEASING.

       The Secretary of the Interior may not issue an oil or gas 
     lease noncompetitively. Land made available by the Secretary 
     of the Interior for oil and gas leasing for which no bid is 
     accepted or received, or the land for which a lease 
     terminates, expires, is cancelled, or is relinquished, may 
     only be made available by the Secretary of the Interior for a 
     new round of sealed, competitive bidding.

     SEC. 71409. OIL AND GAS BONDING REQUIREMENTS.

       Not later than 18 months after the date of enactment of 
     this subtitle, the Secretary of the Interior shall publish a 
     final rule in the Federal Register requiring that an adequate 
     bond, surety, or other financial arrangement be provided by 
     an oil or gas lessee prior to the commencement of surface-
     disturbing activities on an onshore oil and gas lease issued 
     by the Secretary to ensure the complete and timely 
     restoration and reclamation of any land, water, range, or 
     other environmental resources adversely affected by lease 
     activities or operations after the abandonment or cessation 
     of oil and gas operations on the lease. The Secretary of the 
     Interior shall find that a bond, surety or other financial 
     arrangement required by rule or regulation is inadequate if 
     it is for less than the complete and timely reclamation of 
     the least tract, the restoration of any lands or surface 
     waters adversely affected by lease operations, and, in the 
     case of an idled well, the total plugging and reclamation 
     costs for each idled well controlled by the same operator.

     SEC. 71410. PER-ACRE LEASE FEES.

       (a) Oil and Gas Lease Fees.--The Secretary of the Interior 
     shall charge onshore and offshore oil and gas leaseholders 
     the following annual, non-refundable fees:
       (1) 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.
       (2) 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.
       (b) Deposit.--All funds collected pursuant to subsection 
     (a) shall be deposited into the United States Treasury 
     General Fund.
       (c) Adjustment for Inflation.--The Secretary of the 
     Interior shall, by regulation at least once every four years, 
     adjust each fee created by subsection (a) to reflect any 
     increase in inflation.

     SEC. 71411. OFFSHORE OIL AND GAS INSPECTION FEES.

       (a) In General.--
       (1) Establishment.--The Secretary of the Interior shall 
     collect inspection fees from the operators of oil and gas 
     facilities on the outer continental shelf subject to any 
     environmental or safety regulation to prevent or ameliorate 
     blowouts, fires, spills, spillages, or major accidents--
       (A) at an aggregate level to offset the annual expenses of 
     such inspections; and
       (B) using a schedule that reflect the differences in 
     complexity among the classes of facilities to be inspected.
       (2) Adjustment for inflation.--For each fiscal year 
     beginning after fiscal year 2022, the Secretary of the 
     Interior shall adjust the amount of the fees collected under 
     this section for inflation.
       (3) Fees for fiscal year 2022.--
       (A) Annual fees.--For fiscal year 2022, the Secretary of 
     the Interior 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.
       (B) Fees for drilling rigs.--For fiscal year 2022, the 
     Secretary of the Interior shall collect fees for each 
     inspection from the operators of drilling rigs in the 
     following amounts:

[[Page H6464]]

       (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.
       (C) Fees for non-rig units.--For fiscal year 2022, the 
     Secretary of the Interior shall collect fees for each 
     inspection from the operators of well operations conducted 
     via non-rig units 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.
       (b) Disposition.--Amounts collected as fees under 
     subsection (a) shall be deposited into the general fund of 
     the Treasury.
       (c) Billing.--
       (1) Annual fees.--The Secretary of the Interior shall bill 
     designated operators under subsection (a)(3)(A) annually, 
     with payment required not later than 30 days after such 
     billing.
       (2) Fees for drilling rigs.--The Secretary of the Interior 
     shall bill designated operators under subsection (a)(3)(B) 
     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.

     SEC. 71412. ONSHORE OIL AND GAS INSPECTION FEES.

       (a) In General.--The designated operator under each oil and 
     gas lease on Federal land or each unit and communitization 
     agreement that includes one or more such Federal leases that 
     is subject to inspection 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 
     subsection (b), is established by the Secretary of the 
     Interior by regulation and is sufficient to recover the full 
     costs incurred by the United States for inspection and 
     enforcement with respect to such leases.
       (b) Amount.--Until the effective date of regulations under 
     subsection (a)--
       (1) the amount of the fee for all States shall be $1,000 
     for each lease, unit, or communitization agreement; and
       (2) the Secretary of the Interior may increase the fees 
     based upon the actual costs incurred for inspections.
       (c) Assessment for Fiscal Year 2022.--For fiscal year 2022, 
     the Secretary of the Interior shall assess the fee described 
     under this section at $1,000 for each lease, unit, or 
     communitization agreement, and shall 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 section.

     SEC. 71413. SEVERANCE FEES.

       The Secretary of the 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) $0.50 per barrel of oil equivalent on oil and natural 
     gas produced from Federal lands and the Outer Continental 
     Shelf; and
       (2) $2 per metric ton of coal produced from Federal lands.

     SEC. 71414. IDLED WELL FEES.

       (a) In General.--The Secretary of the Interior 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.
       (b) Amounts.--Except as provided in subsection (d), the 
     amount of the fee shall be as follows:
       (1) $500 for each well that has been considered an idled 
     well for at least 1 year, but not more than 5 years.
       (2) $1,500 for each well that has been considered an idled 
     well for at least 5 years, but not more than 10 years.
       (3) $3,500 for each well that has been considered an idled 
     well for at least 10 years, but not more than 15 years.
       (4) $7,500 for each well that has been considered an idled 
     well for at least 15 years.
       (c) Due Date.--An owner of an idled well that is required 
     to pay a fee under this section shall submit to the Secretary 
     of the Interior such fee by not later than October 1 of each 
     year.
       (d) Adjustment for Inflation.--The Secretary of the 
     Interior shall, by regulation not less than once every 4 
     years, adjust each fee under this section to account for 
     inflation.
       (e) Deposit.--All funds collected pursuant to subsection 
     (a) shall be deposited into the United States Treasury 
     General Fund.
       (f) 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.

     SEC. 71415. ANNUAL PIPELINE OWNERS FEE.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this section, the Bureau of Safety and 
     Environmental Enforcement shall issue regulations to assess 
     an annual fee on owners of existing and new offshore oil and 
     gas pipelines defined as ``DOI pipelines'' under 30 C.F.R. 
     250.1001. No portion of such fee that is passed on to a 
     lessee may be deducted as part of a lessee's transportation 
     allowance when calculating royalties due to the United 
     States.
       (b) Amounts.--Fees established under this paragraph shall 
     be--
       (1) $10,000 per mile for 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.

     SEC. 71416. ROYALTIES ON ALL EXTRACTED METHANE.

       (a) In General.--Except as provided in subsection (b), 
     royalties paid for gas produced from Federal lands and on the 
     Outer Continental Shelf shall be assessed on all gas 
     produced, including--
       (1) gas used or consumed within the area of the lease tract 
     for the benefit of the lease; and
       (2) all gas that is consumed or lost by venting, flaring, 
     or fugitive releases through any equipment during upstream 
     operations.
       (b) Exception.--Subsection (a) shall not apply with respect 
     to gas vented or flared for not longer than 48 hours in an 
     acute emergency situation that poses a danger to human 
     health.

     SEC. 71417. ELIMINATION OF ROYALTY RELIEF.

       (a) Limitation on Authority.--The Secretary of the Interior 
     may not reduce, eliminate, or suspend royalties or net profit 
     share for any oil and gas leases on the Outer Continental 
     Shelf. Royalty relief may not be permitted on any future oil 
     and gas leases on the Outer Continental Shelf.
       (b) Repeal.--Section 39 of the Mineral Leasing Act (30 
     U.S.C. 209) is repealed.

              Subtitle O--United States Geological Survey

     SEC. 71501. UNITED STATES GEOLOGICAL SURVEY 3D ELEVATION 
                   PROGRAM.

       In addition to amounts otherwise available, there is 
     appropriated to the Director of the United States Geological 
     Survey for fiscal year 2022, out of any money in the Treasury 
     not otherwise appropriated, $47,000,000, to remain available 
     until September 30, 2031, to produce, collect, disseminate, 
     and use 3D elevation data.

     SEC. 71502. 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, $50,000,000, to remain available 
     until September 30, 2031, for the Regional and National 
     Climate Adaptation Science Centers to provide localized 
     information to help communities respond to climate change.

             TITLE VIII--COMMITTEE ON OVERSIGHT AND REFORM

     SEC. 80001. GENERAL SERVICES ADMINISTRATION CLEAN FLEETS.

       In addition to amounts otherwise available, there is 
     appropriated to the Administrator of General Services for 
     fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $2,995,000,000, to remain available 
     until September 30, 2026, for the procurement of zero-
     emission and electric vehicles and related costs.

     SEC. 80002. FUNDING FOR GENERAL SERVICES ADMINISTRATION 
                   OFFICE OF INSPECTOR GENERAL.

       In addition to amounts otherwise available, there is 
     appropriated to the Office of Inspector General of the 
     General Services 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, to 
     support oversight of General Services Administration 
     activities implemented pursuant to this Act.

     SEC. 80003. UNITED STATES POSTAL SERVICE CLEAN FLEETS.

       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, the following amounts, to be deposited into the 
     Postal Service Fund established under section 2003 of title 
     39, United States Code:
       (1) $2,573,550,000, to remain available through September 
     30, 2031, for the purchase of electric delivery vehicles.
       (2) $3,411,450,000, to remain available through September 
     30, 2031, for the purchase, design, and installation of the 
     requisite infrastructure to support electric delivery 
     vehicles at facilities that the United States Postal Service 
     owns or leases from non-Federal entities.

     SEC. 80004. UNITED STATES POSTAL SERVICE OFFICE OF INSPECTOR 
                   GENERAL.

       In addition to amounts otherwise available, there is 
     appropriated to the Office of Inspector General of the United 
     States Postal Service for fiscal year 2022, out of any money 
     in the Treasury not otherwise appropriated, $15,000,000, to 
     remain available through September 30, 2031, to support 
     oversight of United States Postal Service activities 
     implemented pursuant to this Act.

     SEC. 80005. GOVERNMENT ACCOUNTABILITY OFFICE OVERSIGHT.

       In addition to amounts otherwise available, there is 
     appropriated to the Comptroller General of the United States 
     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 necessary expenses of the 
     Government Accountability Office to support the oversight 
     of--
       (1) the distribution and use of funds appropriated under 
     this Act; and
       (2) whether the economic, social, and environmental impacts 
     of the funds described in paragraph (1) are equitable.

     SEC. 80006. OFFICE OF MANAGEMENT AND BUDGET OVERSIGHT.

       In addition to amounts otherwise available, there are 
     appropriated to the Director of the Office of Management and 
     Budget for fiscal year 2022, out of any money in the Treasury 
     not otherwise appropriated, $25,000,000, to remain available 
     until September 30, 2026, for necessary expenses to--
       (1) support the implementation of this Act; and
       (2) track labor, equity, and environmental standards and 
     performance.

     SEC. 80007. GENERAL SERVICES ADMINISTRATION EMERGING 
                   TECHNOLOGIES.

       In addition to amounts otherwise available, there is 
     appropriated to the Administrator of General Services for 
     fiscal year 2022, out of any

[[Page H6465]]

     money in the Treasury not otherwise appropriated, 
     $975,000,000, to remain available until September 30, 2026, 
     for emerging and sustainable technologies, and related 
     sustainability and environmental programs.

     SEC. 80008. GENERAL SERVICES ADMINISTRATION PROCUREMENT AND 
                   TECHNOLOGY.

       In addition to amounts otherwise available, there is 
     appropriated to the Administrator of General Services for 
     fiscal year 2022 out of any money in the Treasury not 
     otherwise appropriated, $3,250,000,000, to remain available 
     until September 30, 2026, for the purchase of goods, 
     services, and systems to improve energy efficiency, promote 
     the purchase of lower-carbon materials, and reduce the carbon 
     footprint.

     SEC. 80009. TECHNOLOGY MODERNIZATION FUND.

       In addition to amounts otherwise available, there is 
     appropriated to the Administrator of General Services for 
     fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $250,000,000, to remain available 
     until September 30, 2026, to carry out the purposes of the 
     Technology Modernization Fund.

     SEC. 80010. FEDERAL CITIZENS SERVICES FUND.

       In addition to amounts otherwise available, there is 
     appropriated to the Administrator of General Services 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 carry out the purposes of the 
     Federal Citizen Services Fund.

     SEC. 80011. INFORMATION TECHNOLOGY OVERSIGHT AND REFORM FUND.

       In addition to amounts otherwise available, there is 
     appropriated for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, to remain available 
     until September 30, 2026, $50,000,000 for the Information 
     Technology Oversight and Reform Fund.

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

     SEC. 90001. DEPARTMENT OF ENERGY RESEARCH, DEVELOPMENT, AND 
                   DEMONSTRATION ACTIVITIES.

       (a) Office of Energy Efficiency and Renewable Energy.--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, 
     $1,000,000,000, to remain available until September 30, 2026, 
     to carry out demonstration projects, including demonstration 
     of advanced--
       (1) building technologies;
       (2) solar energy technologies;
       (3) geothermal energy technologies;
       (4) wind energy technologies;
       (5) water power technologies;
       (6) bioenergy technologies; and
       (7) vehicle technologies.
       (b) Office of Science.--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, to remain 
     available until September 30, 2026--
       (1) $100,000,000 to carry out the low-dose radiation 
     research program established under section 306(c) of the 
     Department of Energy Research and Innovation Act (42 U.S.C. 
     18644(c)(1));
       (2) $200,000,000 to carry out the fusion materials research 
     and development program established under section 307(b) of 
     the Department of Energy Research and Innovation Act (42 
     U.S.C. 18645(b));
       (3) $200,000,000 to carry out the alternative and enabling 
     fusion energy concepts program established under section 
     307(e) of the Department of Energy Research and Innovation 
     Act (42 U.S.C. 18645(e));
       (4) $325,000,000 to carry out the milestone-based fusion 
     energy development program established under section 307(i) 
     of the Department of Energy Research and Innovation Act (42 
     U.S.C. 18645(i));
       (5) $140,000,000 to carry out the program of research and 
     technology development in inertial fusion for energy 
     applications established under section 307(d) of the 
     Department of Energy Research and Innovation Act (42 U.S.C. 
     18645(d)); and
       (6) $20,000,000 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).
       (c) Office of Fossil Energy and Carbon Management.--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.
       (d) 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, 
     $5,000,000, to remain available until September 30, 2026, to 
     support programs across the Department's civilian research, 
     development, demonstration, and commercial application 
     activities.

     SEC. 90002. AVAILABILITY OF HIGH-ASSAY LOW-ENRICHED URANIUM.

       (a) Appropriations.--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, to remain available until September 
     30, 2026, $500,000,000 to carry out the program elements 
     described in subparagraphs (D) through (H) of section 
     2001(a)(2) of the Energy Act of 2020 (42 U.S.C. 16281(a)(2)), 
     and for related administrative expenses.
       (b) Competitive Procedures.--To the maximum extent 
     practicable, the Department of Energy shall, in a manner 
     consistent with section 989 of the Energy Policy Act of 2005 
     (42 U.S.C. 16353), use a competitive, merit-based review 
     process in carrying out research, development, demonstration, 
     and deployment activities under section 2001 of the Energy 
     Act of 2020 (42 U.S.C. 16281).

     SEC. 90003. AIR QUALITY AND CLIMATE RESEARCH.

       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, $100,000,000, to remain available 
     until September 30, 2026, for air quality and climate 
     research in support of research related to climate change 
     mitigation, adaptation and resilience activities to help 
     reduce the impacts of climate change on human health and 
     welfare; the issuance of award grants for the collection of 
     regional and local climate data to better estimate the 
     economic impacts of climate change and support community-
     based responses to climate change to better anticipate, 
     prepare for, adapt to, and recover from climate-driven 
     extreme events; research on the impacts of climate change, 
     and the cumulative impacts of pollution exposure, in low-
     income and disadvantaged communities.

     SEC. 90004. PFAS REPLACEMENT ASSISTANCE TO FIREFIGHTERS 
                   GRANTS.

       (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, 
     $95,000,000, to remain available until September 30, 2030, to 
     the Federal Emergency Management Agency for grants for 
     personal protective firefighting equipment and firefighting 
     foam that does not contain perfluoroalkyl or polyfluoroalkyl 
     substances.
       (b) Program Administration.--In addition to amounts 
     otherwise available, there is appropriated for fiscal year 
     2022, out of any money in the Treasury not otherwise 
     appropriated, $5,000,000, to remain available until September 
     30, 2030, to the Federal Emergency Management Agency for the 
     administration and management of this section.
       (c) Applications.--With respect to the grant program 
     described in subsection (a), the Administrator of the Federal 
     Emergency Management Agency shall--
       (1) require eligible applicants to submit an application at 
     such time, in such form, and containing such information and 
     assurances as the Administrator of the Federal Emergency 
     Management Agency may require; and
       (2) establish appropriate review and delivery mechanisms 
     for an application submitted under paragraph (1).

     SEC. 90005. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
                   INFRASTRUCTURE.

       In addition to amounts otherwise 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, $748,000,000, to remain 
     available until September 30, 2028, for repair, 
     recapitalization, modification, modernization, and 
     construction of physical infrastructure and facilities, 
     including related administrative expenses, consistent with 
     the responsibilities under sections 31502 and 31503 of title 
     51, United States Code.

     SEC. 90006. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
                   CLIMATE RESEARCH AND DEVELOPMENT.

       In addition to amounts otherwise 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, to remain available 
     until September 30, 2028--
       (1) $85,000,000 for research and development on subseasonal 
     to seasonal models and observations, climate resilience and 
     sustainability, and for airborne instruments, campaigns, and 
     surface networks to understand, observe, and mitigate climate 
     change and its impacts, consistent with NASA's mission to 
     expand human knowledge of the Earth, as carried out through 
     programs under the Earth Science Division, and for research 
     and development activities on upper atmospheric research, and 
     for related administrative expenses;
       (2) $30,000,000 for investments in data management and 
     processing to support research, development, and applications 
     to understand, observe, and mitigate climate change and its 
     impacts, consistent with NASA's mission to expand human 
     knowledge of the Earth, as carried out through programs under 
     the Earth Science Division, and for related administrative 
     expenses;
       (3) $25,000,000 for research and development to support the 
     wildfire fighting community and improve wildfire fighting 
     operations through new and existing programs under the 
     authority of the Administrator of the National Aeronautics 
     and Space Administration, and for related administrative 
     expenses; and
       (4) $225,000,000 for aeronautics research and development 
     on sustainable aviation, consistent with sections 40701 and 
     40702 of title 51, United States Code, and for related 
     administrative expenses.

     SEC. 90007. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
                   OFFICE OF INSPECTOR GENERAL.

       In addition to amounts otherwise available, there are 
     appropriated to the National Aeronautics and Space 
     Administration for fiscal year 2022, out of money in the 
     treasury not otherwise appropriated, $2,000,000, to remain 
     available until September 30, 2030, for the Office of 
     Inspector General to provide oversight over the management of 
     funds appropriated under sections 90005 and 90006.

[[Page H6466]]

  


     SEC. 90008. 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 $100,000,000, to remain 
     available until September 30, 2028, for research on the 
     impact of fire on structures and communities located at the 
     Wildland Urban Interface under the direction of the 
     Institute, and for related administrative expenses.

     SEC. 90009. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
                   HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.

       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, $260,000,000, to remain 
     available until September 30, 2028, for the Hollings 
     Manufacturing Extension Partnership of the National Institute 
     of Standards and Technology and for related administrative 
     expenses.

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

       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) $220,000,000, to remain available until September 30, 
     2028, to provide funds for advanced manufacturing research, 
     development, and testbeds, through new and existing programs 
     and public private partnerships, and for related 
     administrative expenses; and
       (2) $20,000,000, to remain available until September 30, 
     2028, for the development and execution of a cybersecurity 
     workforce training center, and for related administrative 
     expenses.

     SEC. 90011. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
                   RESEARCH INFRASTRUCTURE.

       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, $650,000,000, to remain 
     available until September 30, 2028, for the upgrade, 
     replacement, maintenance, or renovation of facilities and 
     equipment as necessary to conduct laboratory activities, and 
     for related administrative expenses.

     SEC. 90012. OCEANIC AND ATMOSPHERIC RESEARCH AND FORECASTING 
                   FOR WEATHER AND CLIMATE.

       (a) Forecasting and Research.--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, 2026, 
     to accelerate advances and improvements in research, 
     observation systems, modeling, forecasting, assessments, and 
     dissemination of information to the public as it pertains to 
     ocean and atmospheric processes related to weather, coasts, 
     oceans, and climate, and to carry out section 102(a) of the 
     Weather Research and Forecasting Innovation Act of 2017 (15 
     U.S.C. 8512(a)), and for related administrative expenses.
       (b) Research Grants and Science Information, Products, and 
     Services.--In addition to amounts otherwise available, there 
     are appropriated to the National Oceanic and Atmospheric 
     Administration for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, to remain available 
     until September 30, 2026--
       (1) $100,000,000 for competitive grants to fund climate 
     research as it relates to weather, ocean, coastal, and 
     atmospheric processes and conditions, and impacts to marine 
     species and coastal habitat, and for related administrative 
     expenses; and
       (2) $100,000,000 for education and training pursuant to 
     section 4002(b)(2) of the America COMPETES Act (33 U.S.C. 
     893a(b)(2)), and for increased development and dissemination 
     of climate science information, products, and services, in 
     support of climate adaptation preparedness as it relates to 
     weather, ocean, coastal, and atmospheric processes and 
     conditions, impacts to marine species and coastal habitat, 
     and for related administrative expenses.
       (c) Research Infrastructure and Procurement.--In addition 
     to amounts otherwise available, there are appropriated to the 
     National Oceanic and Atmospheric Administration for fiscal 
     year 2022, out of any money in the Treasury not otherwise 
     appropriated, $100,000,000, to remain available until 
     September 30, 2026, for the provision of research 
     infrastructure that improves accuracy, timing, and 
     dissemination of public information concerning extreme 
     climate and weather and for procurements necessary to support 
     the activities described in subsections (a) and (b), and for 
     related administrative expenses.

     SEC. 90013. CLIMATE EDUCATION.

       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, $20,000,000, to remain 
     available until September 30, 2026, for contracts, grants, 
     and technical assistance for education activities and 
     materials under section 4002(b)(2) of the America COMPETES 
     Act (33 U.S.C. 893a(b)(2)) related to improving public 
     understanding of climate change as it relates to weather, 
     ocean, coastal, and atmospheric processes and conditions and 
     marine fisheries and resources, and for related 
     administrative expenses. None of the funds provided by this 
     subsection shall be subject to cost-sharing or matching 
     requirements.

     SEC. 90014. COMPUTING CAPACITY AND RESEARCH FOR WEATHER, 
                   OCEANS, AND CLIMATE.

       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, 2026, for the procurement of 
     additional high-performance computing, data processing 
     capacity, data management, and storage assets, to carry out 
     section 204(a)(2) of the High-Performance Computing Act of 
     1991 (15 U.S.C. 5524(a)(2)), and for transaction agreements 
     authorized under section 301(d)(1)(A) of the Weather Research 
     and Forecasting Innovation Act of 2017 (15 U.S.C. 
     8531(d)(1)(A)), and for related administrative expenses.

     SEC. 90015. ACQUISITION OF HURRICANE FORECASTING AIRCRAFT.

       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, $139,000,000, to remain 
     available until September 30, 2026, for the acquisition of 
     hurricane hunter aircraft under section 413(a) of the Weather 
     Research and Forecasting Innovation Act of 2017 (15 U.S.C. 
     8549(a)).

     SEC. 90016. NATIONAL SCIENCE FOUNDATION CORE RESEARCH.

       In addition to amounts otherwise available, there is 
     appropriated to the National Science Foundation (referred to 
     in this section as ``the Foundation'') for fiscal year 2022, 
     out of any money in the Treasury not otherwise appropriated--
       (1) $668,000,000, to remain available until September 30, 
     2026, to fund or extend new and existing research awards, 
     traineeships, scholarships, and fellowships administered by 
     the National Science Foundation, across all science, 
     technology, engineering, and mathematics disciplines 
     supported by the National Science Foundation, and for related 
     administrative expenses;
       (2) $25,000,000, to remain available until September 30, 
     2028, for activities and research to ensure broad demographic 
     participation in the activities of the Foundation, consistent 
     with the goals under section 526(a)(7) of the America 
     COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-
     14(a)(7)) and section 3(e) of the National Science Foundation 
     Act of 1950 (42 U.S.C. 1862(e)), and for related 
     administrative expenses; and
       (3) $500,000,000, to remain available until September 30, 
     2028, for climate change research as it relates to 
     fundamental understanding of physical, chemical, biological, 
     and human systems and the interactions among them, and for 
     related administrative expenses.

     SEC. 90017. NATIONAL SCIENCE FOUNDATION TECHNOLOGY, 
                   INNOVATION, AND PARTNERSHIPS DIRECTORATE.

       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--
       (1) $1,520,000,000, to remain available until September 30, 
     2026, to fund and administer the Directorate for Technology, 
     Innovation, and Partnerships, which shall accelerate use-
     inspired and translational research and the development, 
     commercialization, and use of technologies and innovations of 
     national importance, including technologies and innovations 
     relevant to natural disaster mitigation and other societal 
     challenges, through programs of the National Science 
     Foundation, and for related administrative expenses;
       (2) $25,000,000, to remain available until September 30, 
     2028, for research security activities;
       (3) $200,000,000, to remain available until September 30, 
     2028, for research capacity building at historically Black 
     colleges and universities, Tribal Colleges and Universities, 
     Hispanic-serving institutions, and other minority-serving 
     institutions, administered through the Directorate for 
     Technology, Innovation, and Partnerships, and for related 
     administrative expenses; and
       (4) $55,000,000, to remain available until September 30, 
     2028, to fund cybersecurity education and training, including 
     scholarships, through programs of the National Science 
     Foundation, and for related administrative expenses.

     SEC. 90018. NATIONAL SCIENCE FOUNDATION RESEARCH 
                   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--
       (1) $200,000,000 to remain available until September 30, 
     2026, for the repair, renovation, or, in exceptional cases, 
     replacement of obsolete science and engineering facilities 
     primarily devoted to research and research training, and for 
     related administrative expenses;
       (2) $200,000,000, to remain available until September 30, 
     2026, for additional mid-scale and major research 
     instrumentation, equipment, and infrastructure awards under 
     the direction of the National Science Foundation, and for 
     related administrative expenses; and
       (3) $100,000,000, to remain available until September 30, 
     2028, for academic research facilities modernization and 
     research instrumentation, including construction, upgrade, 
     renovation, or repair of research infrastructure, at 
     historically Black colleges and universities, Tribal Colleges 
     and Universities, Hispanic-serving institutions, and other 
     minority-serving institutions, through programs of the 
     National Science Foundation, and for related administrative 
     expenses.

     SEC. 90019. NATIONAL SCIENCE FOUNDATION OVERSIGHT.

       In addition to amounts otherwise available, there is 
     appropriated to the National Science Foundation for fiscal 
     year 2022, out of any

[[Page H6467]]

     money in the Treasury not otherwise appropriated, $7,000,000, 
     to remain available until September 30, 2030, for 
     administrative expenses of the Inspector General relating to 
     oversight of funds provided to the National Science 
     Foundation under this Act.

                  TITLE X--COMMITTEE ON SMALL BUSINESS

  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 for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $35,000,000, to remain 
     available until September 30, 2030, for carrying out 
     subsection (h) of section 32 of the Small Business Act (15 
     U.S.C. 657b), as added by this section.
       (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 veteran populations 
     from diverse locations; and
       ``(2) 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 through a program operated under this section.''.

     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, to remain available 
     until September 30, 2031--
       (1) $85,000,000 for additional capital for the fund 
     established under section 412 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 694c); and
       (2) $15,000,000 for administrative expenses and oversight 
     costs related to carrying out this section, and any 
     amendments made by this section.
       (b) Expanding Surety Bond Program.--Part B of title IV of 
     the Small Business Investment Act of 1958 is amended--
       (1) in section 411--
       (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 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(a) (15 U.S.C. 694c(a)), in the third 
     sentence, by striking ``, excluding administrative 
     expenses,''.

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

     SEC. 100201. FUNDING FOR UPLIFT INCUBATORS.

       (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) $850,000,000 for carrying out section 49 of the Small 
     Business Act, as added by subsection (b); and
       (2) $150,000,000 for administrative expenses and costs 
     related to carrying out section 49 of the Small Business Act, 
     as added by subsection (b).
       (b) Establishment.--The Small Business Act is amended--
       (1) by redesignating section 49 (15 U.S.C. 631 note) as 
     section 54; and
       (2) by inserting after section 48 the following:

     ``SEC. 49. UPLIFT INCUBATORS.

       ``(a) Definitions.--In this section:
       ``(1) 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).
       ``(2) Eligible applicant.--The term `eligible applicant' 
     means--
       ``(A) an economic development organization;
       ``(B) an SBA partner organization;
       ``(C) a historically Black college or university;
       ``(D) an institution of higher education, as described in 
     section 371(a) of the Higher Education Act; or
       ``(E) a junior or community college.
       ``(3) 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--
       ``(i) 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; or
       ``(ii) a small government contractor; and
       ``(E) is--
       ``(i) owned and controlled by 1 or more members of an 
     underrepresented community; or
       ``(ii) a Native Entity.
       ``(4) Historically black college or university.--The term 
     `historically Black college or university' means a `part B 
     institution', as defined in section 322 of the Higher 
     Education Act of 1965.
       ``(5) Member of an underrepresented community.--The term 
     `member of an underrepresented community' means an 
     individual--
       ``(A) who is 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) who is 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) with a disability, as defined in section 3 of the 
     Americans with Disabilities Act of 1990;
       ``(D) who is a veteran;
       ``(E) who completed a term of imprisonment; or
       ``(F) who is otherwise identified by the Administrator.
       ``(6) Native entity.--The term `Native Entity' means--
       ``(A) an Alaska Native Corporation, as defined in section 
     3(m) of the Alaska Native Claims Settlement Act; and
       ``(B) a Native Hawaiian organization, as defined in section 
     6207 of the Elementary and Secondary Education Act of 1965.
       ``(7) SBA partner organization.--The term `SBA partner 
     organization' means any organization awarded financial 
     assistance in the form of a grant, prize, 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.
       ``(8) Small government contractor.--The term `small 
     government contractor' means a small business concern that is 
     performing a government contract or subcontract.
       ``(9) Uplift incubator.--The term `uplift incubator' means 
     an organization that is designed to accelerate the growth and 
     success of startups and small business concerns through a 
     variety of business support resources and services, 
     including--
       ``(A) access to physical workspace and facilities;
       ``(B) access to capital, business education, and 
     counseling;
       ``(C) networking opportunities;
       ``(D) mentorship opportunities;
       ``(E) assistance in becoming prime contractors and 
     submitting bids for prime contracts;
       ``(F) conducting market research, drafting statements, and 
     identifying acquisition authorities under which eligible 
     small business concerns assisted under this section may enter 
     into Federal contracts or agreements; and
       ``(G) other services intended to aid in developing a 
     business.
       ``(b) Authority.--The Administrator may provide financial 
     assistance on a competitive basis in the form of a grant, 
     prize, cooperative agreement, or contract to an eligible 
     applicant for purposes of--
       ``(1) providing the services of a uplift incubator to 
     eligible small business concerns; or
       ``(2) expanding or establishing a network of the eligible 
     applicant to provide the services of a uplift incubator to 
     eligible small business concerns.
       ``(c) Use of Funds.--An eligible applicant that receives 
     assistance under this section--
       ``(1) shall support areas that serve members of an 
     underrepresented community by providing the services of a 
     uplift incubator; and
       ``(2) shall not impose or otherwise collect a fee or other 
     compensation from eligible small business concerns in 
     connection with the provision of such services.
       ``(d) 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 for fiscal year 2022, $10,000,000, to 
     remain available until September 30, 2029, to carry out 
     section 50 of the Small Business Act, as added by subsection 
     (b).
       (b) Establishment.--The Small Business Act is amended by 
     inserting after section 49, as

[[Page H6468]]

     added by section 100201 of this title, the following:

     ``SEC. 50. OFFICE OF NATIVE AMERICAN AFFAIRS.

       ``(a) Definitions.--In this section:
       ``(1) Alaska native corporation.--The term `Alaska Native 
     Corporation' has the meaning given the term section 3(m) of 
     the Alaska Native Claims Settlement Act.
       ``(2) Indian tribe.--The term `Indian Tribe' means any 
     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.
       ``(3) Native american.--The term `Native American' means a 
     member of an Indian Tribe.
       ``(4) Native hawaiian organization.--The term `Native 
     Hawaiian Organization' has the meaning given in section 6207 
     of the Elementary and Secondary Education Act of 1965.
       ``(5) 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, Alaska Native Corporations 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, Alaska Native Corporations, 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, Alaska Native Corporations, 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, Alaska Native Corporations, 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 market opportunities; and
       ``(D) implementing economic and business development 
     strategies to improve long-term job growth.''.

     SEC. 100203. OFFICE OF RURAL 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 for fiscal year 2022, $10,000,000, to 
     remain available until September 30, 2029, to carry out 
     subsection (d) of section 26 of the Small Business Act (15 
     U.S.C. 653), as added by subsection (b).
       (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.--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--
       ``(1) 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;
       ``(2) 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
       ``(3) 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 in fiscal year 2022, $10,000,000, to 
     remain available until September 30, 2029, to carry out 
     subsection (o) of section 7 of the Small Business Act (15 
     U.S.C. 636), as added by subsection (b).
       (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'. The Office of 
     Emerging Markets shall be administered by a Director who 
     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.''.

     SEC. 100205. STATE TRADE EXPANSION PROGRAM.

       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) $31,710,000, to remain available until September 30, 
     2027, to carry out section 22(l) of the Small Business Act 
     (15 U.S.C. 649(l)) in fiscal year 2023, and
       (2) $31,710,000, to remain available until September 30, 
     2027, to carry out section 22(l) of the Small Business Act 
     (15 U.S.C. 649(l)) in fiscal year 2024.

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

     SEC. 100301. GROWTH ACCELERATOR COMPETITION.

       (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) $190,000,000 for carrying out section 51 of the Small 
     Business Act, as added by subsection (b); and
       (2) $10,000,000 for administrative expenses and oversight 
     costs related to carrying out section 51 of the Small 
     Business Act, as added by subsection (b).
       (b) In General.--The Small Business Act is amended by 
     inserting after section 50, as added by section 100202 of 
     this title, the following:

     ``SEC. 51. 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.
       ``(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 applicant, 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) works with a new small business concern for a 
     predetermined amount of time;
       ``(C) provides mentorship and instruction to small business 
     concerns to grow the business concern; or
       ``(D) offers startup capital or the opportunity to raise 
     capital from outside investors to small business concerns.
       ``(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 to access 
     capital and find 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 recipient 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 recipient to 
     provide capital to new small business concerns directly or 
     through the subaward of funds.
       ``(d) 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.''.

              Subtitle D--Increasing Equity Opportunities

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

       (a) Appropriations.--In addition to amounts otherwise 
     available, there is appropriated to the

[[Page H6469]]

     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 section.
       (b) Establishment.--The Small Business Investment Act of 
     1958, is amended--
       (1) in section 103 (15 U.S.C. 662)--
       (A) 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

       (B) in paragraph (13)(C), by striking ``in an aggregate 
     amount that does not exceed 33 percent of the private capital 
     of the applicant or licensee''; and
       (2) in section 304 (15 U.S.C. 684), by adding at the end 
     the following:
       ``(e) Notwithstanding section 310(c)(6), a licensee under 
     section 321 may, subject to rules to be issued by the 
     Administration, invest equity capital in investment funds 
     that--
       ``(1) are majority controlled by members of an 
     underrepresented community, as defined in section 49 of the 
     Small Business Act;
       ``(2) receive annual assistance provided by such licensee; 
     or
       ``(3) meet additional criteria as determined by the 
     Administration.''; and
       (3) by adding at the end of the following:

     ``SEC. 321. EMERGING MANAGERS PROGRAM.

       ``(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) industries identified by the Administrator.
       ``(2) Emerging manager company.--The term `emerging manager 
     company' means an investment management firm that is focused 
     on investing private equity and 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 49 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--
       ``(1) 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; 
     and
       ``(2) may hold a minority financial interest in the small 
     business investment company described in paragraph (1).
       ``(c) Licensing.--An applicant described in subsection 
     (b)(1) shall apply 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) may receive an increase in 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 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 managers of such applicant 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.--A licensee under this 
     paragraph shall invest not less than 50 percent of the total 
     financings of the licensee in covered investments (as defined 
     in section 321), of which not more than 33 percent of those 
     investments are in small business concerns in infrastructure 
     or manufacturing.
       ``(C) 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 company.
       ``(D) Investment committee.--If a company licensed pursuant 
     to this paragraph has investment committee members or control 
     persons who are principals approved by the Administrator 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).
       ``(E) 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.

    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) $224,800,000 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) $4,000,000 for the Administrator of the Small Business 
     Administration to develop a training course and provide free 
     or low-cost training to covered institutions making loans 
     under the program established under such paragraph (38); and
       (3) $47,100,000 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);

[[Page H6470]]

       ``(ii) the term `new business' means a small business 
     concern that has been in business for not more than 2 years 
     on the date on which a loan is made to the small business 
     concern under the program;
       ``(iii) the term `program' means the Community Advantage 
     Loan Program established under subparagraph (B);
       ``(iv) 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 (or later, as determined by the Administrator) 
     before the date 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;

       ``(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, with an emphasis on loans made to small business 
     concerns in an underserved market.
       ``(C) Requirement to make loans to underserved markets.--
     Not less than 60 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 guarantee 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.''.

     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) $1,480,600,000 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) $484,000,000 for administrative expenses related to 
     carrying out such paragraph (39), including issuing interim 
     final rules within 90 days after the date of the enactment of 
     this title, of which $25,000,000 is reserved for grants to 
     conduct outreach to entities eligible to receive a loan under 
     such paragraph (39).
       (b) Small Dollar Loan Funding.--Section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), as amended by section 
     100501, 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 (4)(A), by striking the comma after 
     ``prescribed by the Administration'' and all that follows 
     through the period at the end and inserting a period;
       (3) in paragraph (26), by inserting ``(except for those 
     collected under paragraph (39))'' after ``profits''; and
       (4) 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) Maximum loan size.--Notwithstanding paragraph (3)(C) 
     of this subsection, a loan made in accordance with this 
     paragraph shall be--
       ``(i) except as provided in clause (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) Terms.--Not later than 90 days after the date of the 
     enactment of this paragraph, the Administrator shall issue 
     interim final rules and revise any relevant rules to 
     establish the terms and conditions for a direct loan, 
     including repayment, underwriting criteria, interest rate, 
     maturity, and other terms of a loan made in accordance with 
     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, $950,000,000, to remain 
     available until September 30, 2026, for carrying out this 
     section and any amendments made by 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, $100,000,000, 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 
     100502, is further 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 shall be 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)''.

         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 money in the Treasury not otherwise 
     appropriated for fiscal year 2022, $35,000,000, to remain 
     available

[[Page H6471]]

     until September 30, 2029, to carry out section 52 of the 
     Small Business Act, as added by paragraph (2).
       (2) In general.--The Small Business Act is amended by 
     inserting after section 51, as added by section 100301 of 
     this title, the following:

     ``SEC. 52. 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 for fiscal year 2022, $35,000,000, to 
     remain available until September 30, 2029, to carry out 
     section 53 of the Small Business Act, as added by paragraph 
     (2).
       (2) In general.--The Small Business Act is amended by 
     inserting after section 52, as added by subsection (a), the 
     following:

     ``SEC. 53. 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 for fiscal year 2022, $35,000,000, to 
     remain available until September 30, 2029, for carrying out 
     this section.
       (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, $125,000,000, to remain available 
     until September 30, 2030, for administrative expenses related 
     to carrying out this title (or any amendments made by 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.

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

       In addition to amounts otherwise available, there is 
     appropriated to the Office of Inspector General of the Small 
     Business Administration for fiscal year 2022, out of any 
     money in the Treasury not otherwise appropriated, 
     $12,500,000, to remain available until September 30, 2030, 
     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 money in the Treasury not otherwise appropriated, 
     $9,750,000,000, to remain available until September 30, 2026, 
     to the Secretary of Housing and Urban Development and the 
     Administrator of the Federal Transit Administration to make 
     competitive grants under sections 5307, 5311, and 5339(c) of 
     title 49, United States Code, to 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; and
       (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; and
       (C) enhanced access to grocery stores with fresh foods to 
     help eliminate food deserts.
       (b) Administration of Funds.--Funds made available under 
     this section--
       (1) shall not be subject to any prior restriction on the 
     total amount of funds available for implementation or 
     execution of programs authorized under sections 5307, 5311, 
     5312, 5314, or 5339(c) of title 49, United States Code;
       (2) notwithstanding requirements related to Government 
     share under such sections, shall be available for up to 100 
     percent of the net cost of a project;
       (3) notwithstanding section 5307(a)(1) of such title, may 
     be used for operating costs of equipment and facilities in an 
     urbanized area with a population equal to or greater than 
     200,000 individuals; and
       (4) shall be expended in compliance with the U.S. 
     Department of Transportation's Disadvantaged Business 
     Enterprise Program.
       (c) Eligible Activities.--Eligible activities for funds 
     made available under subsection (a) 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, or a collection of such projects;
       (3) the establishment or expansion of high-frequency bus 
     service that utilizes zero-emission buses;
       (4) the acquisition of zero-emission vehicles or related 
     infrastructure under section 5339(c) of title 49, United 
     States Code, to expand service in urban areas and the 
     acquisition of vehicles under section 5311 of such title to 
     expand service in non-urban areas;
       (5) an expansion of the service area or the frequency of 
     service of recipients or subrecipients

[[Page H6472]]

     under sections 5307 or 5311 of such title, including the 
     provision of fare-free or reduced-fare service;
       (6) renovation or construction of facilities and incidental 
     expenses related to transit service in disadvantaged 
     communities or neighborhoods or service that benefits low-
     income riders generally;
       (7) 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 provided 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 
     transit services consistent with the requirements in 
     subsection (a); 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;
       (8) fleet transition, route, or other public transportation 
     planning, including planning related to economic development; 
     and
       (9) projects to upgrade the accessibility of bus or rail 
     public transportation services for persons with disabilities, 
     including individuals who use wheelchairs.
       (d) Research, Technical Assistance, and Training.--In 
     addition to amounts otherwise available, there is 
     appropriated 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 grants under sections 
     5312 or 5314 of title 49, United States Code, (excluding 
     grants related to any activities or agreements with 
     international entities or foreign nationals) for--
       (1) activities 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; and
       (2) activities under section 5314 of such title for 
     training and development activities to support the provision 
     of service to disadvantaged communities or neighborhoods and 
     rural areas.
       (e) Administrative Expenses.--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, 2026, for administrative expenses and oversight 
     costs of carrying out this section and to make new awards or 
     to increase prior awards to provide technical assistance and 
     capacity building for eligible recipients or subrecipients 
     under this section.
       (f) Period of Availability.--Any funds provided from the 
     general fund of the Treasury to carry out grants under 
     section 5339(c) of title 49, United States Code, for fiscal 
     years 2025 and 2026 shall remain available until September 
     30, 2028.

     SEC. 110002. COMMUNITY CLIMATE INCENTIVE GRANT PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 177. Community climate incentive grant program

       ``(a) Establishment.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2022, out of 
     any money 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 toward 
     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) for operations and administration of the Federal 
     Highway Administration in carrying out this section.
       ``(b) Incentive Grants to States.--In addition to amounts 
     otherwise available, there is appropriated for fiscal year 
     2022, out of any money 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 of the Federal Highway 
     Administration under subsection (a)(2); or
       ``(2) have incorporated carbon reduction strategies that 
     contribute to achieving net zero greenhouse gas emissions by 
     2050 into the transportation plans required under section 
     135.
       ``(c) Community Climate Grants to Other Eligible 
     Entities.--
       ``(1) 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, 
     $3,000,000,000, to remain available until September 30, 2026, 
     to the Administrator of the Federal Highway Administration to 
     award grants, on a competitive basis, for carbon reduction 
     projects to eligible entities that are not States.
       ``(2) Federal share.--The Federal share of the cost of a 
     project carried out with a grant under this subsection may be 
     up to 100 percent.
       ``(d) Use of Funds.--
       ``(1) In general.--A project carried out under subsection 
     (b) or (c) shall be treated as a project on a Federal-aid 
     highway.
       ``(2) Compliance with existing requirements.--Funds made 
     available for a grant under subsection (b), and funds made 
     available for a grant under subsection (c) that are 
     administered by or through a State department of 
     transportation, shall be expended in compliance with the U.S. 
     Department of Transportation's Disadvantaged Business 
     Enterprise Program.
       ``(e) 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; or
       ``(2) be used for projects that result in additional 
     through travel lanes for single occupant passenger vehicles.
       ``(f) Definitions.--In this section:
       ``(1) Carbon reduction project.--The term `carbon reduction 
     project' means a project--
       ``(A) that is eligible under this title; and
       ``(B) that--
       ``(i) will result in significant reductions in greenhouse 
     gas emissions related to a surface transportation facility or 
     project;
       ``(ii) provides zero-emission transportation options;
       ``(iii) reduces dependence on single-occupant vehicle 
     trips; or
       ``(iv) 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(b)(2));
       ``(E) a special purpose district or public authority with a 
     transportation function;
       ``(F) an entity described in section 207(m)(1)(E); or
       ``(G) a State.''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by adding at the end 
     the following:

``177. Community climate incentive grant program.''.

     SEC. 110003. NEIGHBORHOOD ACCESS AND EQUITY GRANT PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is further amended by adding at the end the following:

     ``Sec. 178. Neighborhood access and equity grant program

       ``(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, 
     $2,370,000,000, to remain available until September 30, 2026, 
     to the Administrator of the Federal Highway Administration 
     for competitive grants to eligible entities described in 
     subsection (b)--
       ``(1) to improve walkability, safety, and affordable 
     transportation access through construction 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 
     and spines; or
       ``(E) to provide affordable access to essential 
     destinations, public spaces, or transportation links and 
     hubs;
       ``(2) to mitigate or 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 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 
     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 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 transportation 
     infrastructure;
       ``(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--

[[Page H6473]]

       ``(1) a State;
       ``(2) a unit of local government;
       ``(3) a political subdivision of a State;
       ``(4) an entity described in section 207(m)(1)(E);
       ``(5) a territory of the United States;
       ``(6) a special purpose district or public authority with a 
     transportation function;
       ``(7) a metropolitan planning organization (as defined in 
     section 134(b)(2)); or
       ``(8) with respect to a grant described in subsection 
     (a)(3), in addition to an eligible entity described in 
     paragraphs (1) through (7), a nonprofit organization or 
     institution of higher education that has entered into a 
     partnership with an eligible entity described in paragraphs 
     (1) through (7).
       ``(c) Facility Described.--A facility referred to in 
     subsection (a) 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) Investment in Economically Disadvantaged 
     Communities.--
       ``(1) 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, 
     $1,580,000,000, to remain available until September 30, 2026, 
     to the Administrator of the Federal Highway Administration to 
     provide grants for projects in communities described in 
     paragraph (2) for the same purposes and administered in the 
     same manner as described in subsection (a).
       ``(2) Communities described.--A community referred to in 
     paragraph (1) is a community that--
       ``(A) is economically disadvantaged, including an 
     underserved community or a community located in an area of 
     persistent poverty;
       ``(B) has entered or will enter into a community benefits 
     agreement with representatives of the community;
       ``(C) has an anti-displacement policy, a community land 
     trust, or a community advisory board in effect; or
       ``(D) has demonstrated a plan for employing local residents 
     in the area impacted by the activity or project proposed 
     under this section.
       ``(e) Administration.--
       ``(1) In general.--A project carried out under subsection 
     (a) or (d) shall be treated as a project on a Federal-aid 
     highway.
       ``(2) Compliance with existing requirements.--Funds made 
     available for a grant under this section and administered by 
     or through a State department of transportation shall be 
     expended in compliance with the U.S. Department of 
     Transportation's Disadvantaged Business Enterprise Program.
       ``(f) 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.
       ``(g) Technical Assistance.--In addition to amounts 
     otherwise available, there is appropriated for fiscal year 
     2022, out of any money 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 units of local government to assume 
     responsibilities to deliver surface transportation projects; 
     and
       ``(3) operations and administration of the Federal Highway 
     Administration.
       ``(h) Limitations.--Amounts 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.''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is further amended by adding at 
     the end the following:

``178. Neighborhood access and equity grant program.''.

     SEC. 110004. TERRITORIAL HIGHWAY PROGRAM FUNDING.

       (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, 
     $320,000,000, to remain available until September 30, 2026, 
     to the Administrator of the Federal Highway Administration 
     for distribution under section 165(c) of title 23, United 
     States Code.
       (b) 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. TRAFFIC SAFETY CLEARINGHOUSE.

       (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, 
     $47,500,000 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) conduct research relating to, 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 relating 
     to implementing equitable traffic safety enforcement best 
     practices to assist States and local communities.
       (b) Administration.--In addition to amounts otherwise made 
     available, there is appropriated for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated, 
     $2,500,000 to remain available until September 30, 2026, for 
     the Administrator of the National Highway Traffic Safety 
     Administration for the salaries, expenses, and costs of 
     administering this section.
       (c) Definition of State.--In this section the term 
     ``State'' has the meaning given the term in section 401 of 
     title 23, United States Code.

     SEC. 110006. 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 sections 26101 and 26106 of title 49, United 
     States Code, to eligible entities for eligible projects.
       (b) Definitions.--In this section:
       (1) Corridor.--The term ``corridor'' means an existing, 
     modified, or proposed intercity passenger rail service (as 
     defined in section 26106(b)(5) of title 49, United States 
     Code).
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) an entity that is eligible to receive financial 
     assistance under section 26101 of title 49, United States 
     Code; and
       (B) an applicant that is eligible to receive a grant under 
     section 26106 of title 49, United States Code.
       (3) 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)(1) of 
     title 49, United States Code; and
       (B) a capital project for high-speed rail corridor 
     development that--
       (i) is eligible to receive a grant for a capital project 
     (as defined in section 26106(b)(3) of title 49, United States 
     Code); and
       (ii) 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 
     density population than the urban area as a whole.
       (4) 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--
       (A) 160 miles per hour or faster on a shared use right-of-
     way; or
       (B) 186 miles per hour or faster on a dedicated right-of-
     way.
       (c) Allocation.--Not less than $1,000,000,000 of the 
     amounts appropriated by subsection (a) shall be used for 
     eligible projects described in subsection (b)(3)(A).
       (d) Federal Share.--For any financial assistance and grants 
     provided pursuant to this section, the Federal share may not 
     exceed 90 percent of the total cost of the eligible project.
       (e) Oversight.--Not more than $100,000,000 of the amounts 
     appropriated by subsection (a) may be used by the Secretary 
     of Transportation for the costs of award and project 
     management of financial assistance provided under this 
     section.

     SEC. 110007. ALTERNATIVE FUEL AND LOW-EMISSION AVIATION 
                   TECHNOLOGY PROGRAM.

       (a) Appropriation and Establishment.--For purposes of 
     establishing a competitive grant program to provide grants to 
     eligible entities to carry out projects located in the United 
     States that produce, transport, blend, or store sustainable 
     aviation fuel, or develop, demonstrate, or apply low-emission 
     aviation technologies, 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, 2026--
       (1) $247,000,000 for projects relating to the production, 
     transportation, blending, or storage of sustainable aviation 
     fuel;
       (2) $47,000,000 for projects relating to low-emission 
     aviation technologies; and
       (3) $6,000,000 to fund the award of grants under this 
     section, and oversight of the program, by the Secretary.
       (b) Considerations.--In carrying out subsection (a), the 
     Secretary shall consider, with respect to a proposed 
     project--
       (1) the capacity for the eligible entity 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;
       (2) the projected greenhouse gas emissions from such 
     project, including emissions resulting from the development 
     of the project, and the potential the project has to reduce 
     or displace, on a lifecycle basis, United States greenhouse 
     gas emissions associated with air travel;
       (3) the capacity to create new jobs and develop supply 
     chain partnerships in the United States;

[[Page H6474]]

       (4) for projects related to the production of sustainable 
     aviation fuel, the projected lifecycle greenhouse gas 
     emissions benefits from the proposed project, which shall 
     include feedstock and fuel production and potential direct 
     and indirect greenhouse gas emissions (including resulting 
     from changes in land use); and
       (5) the benefits of ensuring a diversity of feedstocks for 
     sustainable aviation fuel, including the use of waste carbon 
     oxides and direct air capture.
       (c) Cost Share.--The Federal share of the cost of a project 
     carried out using grant funds under subsection (a) shall be a 
     maximum of 90 percent of the proposed total cost of the 
     project, and the Secretary shall consider the extent to which 
     a proposed project meets the considerations described in 
     subsection (b) in determining the Federal share under this 
     subsection.
       (d) Fuel Emissions Reduction Test.--For purposes of clause 
     (ii) of subsection (e)(7)(E), the Secretary shall, not later 
     than 2 years after the date of enactment of this section, 
     adopt at least 1 methodology for testing lifecycle greenhouse 
     gas emissions that meets the requirements of such clause.
       (e) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means--
       (A) a State or local government, including the District of 
     Columbia, other than an airport sponsor;
       (B) an air carrier;
       (C) an airport sponsor;
       (D) an accredited institution of higher education;
       (E) a research institution;
       (F) a person or entity engaged in the production, 
     transportation, blending, or storage of sustainable aviation 
     fuel in the United States or feedstocks in the United States 
     that could be used to produce sustainable aviation fuel;
       (G) a person or entity engaged in the development, 
     demonstration, or application of low-emission aviation 
     technologies; or
       (H) nonprofit entities or nonprofit consortia with 
     experience in sustainable aviation fuels, low-emission 
     aviation technologies, or other clean transportation research 
     programs.
       (2) Feedstock.--The term ``feedstock'' means sources of 
     hydrogen and carbon not originating from unrefined or refined 
     petrochemicals.
       (3) Induced land-use change values.--The term ``induced 
     land-use change values'' means the greenhouse gas emissions 
     resulting from the conversion of land to the production of 
     feedstocks and from the conversion of other land due to the 
     displacement of crops or animals for which the original land 
     was previously used.
       (4) Lifecycle greenhouse gas emissions.--The term 
     ``lifecycle greenhouse gas emissions'' means the combined 
     greenhouse gas emissions from feedstock production, 
     collection of feedstock, transportation of feedstock to fuel 
     production facilities, conversion of feedstock to fuel, 
     transportation and distribution of fuel, and fuel combustion 
     in an aircraft engine, as well as from induced land-use 
     change values.
       (5) Low-emission aviation technologies.--The term ``low-
     emission aviation technologies'' means technologies, produced 
     in the United States, that significantly--
       (A) improve aircraft fuel efficiency;
       (B) increase utilization of sustainable aviation fuel; or
       (C) reduce greenhouse gas emissions produced during 
     operation of civil aircraft.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (7) Sustainable aviation fuel.--The term ``sustainable 
     aviation fuel'' means liquid fuel, produced in the United 
     States, 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 (in a similar manner 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 emissions and the induced land use change values 
     under a lifecycle methodology for sustainable aviation fuels 
     similar to that adopted by the International Civil Aviation 
     Organization 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 and the induced 
     land-use change values under another methodology that the 
     Secretary determines is--

       (I) reflective of the latest scientific understanding of 
     lifecycle greenhouse gas emissions; and
       (II) as stringent as the requirement under clause (i).

     SEC. 110008. 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, 
     $145,500,000, to remain available until expended, to the 
     Administrator of the Federal Emergency Management Agency for 
     the Building Resilient Infrastructure and Communities Program 
     for activities and grants that provide technical assistance 
     and capacity building, for which the Federal cost share shall 
     be 100 percent, to State, local, Indian Tribal, territorial, 
     or the District of Columbia 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, 
     including amendments made by State, local, Indian Tribal, 
     territorial, or the District of Columbia governments during 
     the adoption process, that incorporate--
       (1) the latest hazard-resistant designs; and
       (2) the latest requirements for the maintenance and 
     inspection of existing buildings to address hazard risk.
       (b) Administration.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2022, out of 
     any money in the Treasury not otherwise available, $4,500,000 
     to the Administrator of the Federal Emergency Management 
     Agency, to remain available until expended, for 
     administrative expenses of carrying out this section.

     SEC. 110009. 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, $3,360,000,000, 
     to remain available until September 30, 2031, to the 
     Secretary of Commerce (referred to in this section as the 
     ``Secretary'') for grants under section 209 (except for 
     assistance authorized by section 209(c)(1)) of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 3149) 
     to develop regional economic growth clusters, including 
     grants for technical assistance, planning, and predevelopment 
     activities, 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) Recompete Grants for Persistently Distressed 
     Communities.--
       (1) 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, 
     $1,200,000,000, to remain available until September 30, 2031, 
     to the Secretary of Commerce for economic adjustment 
     assistance as authorized by section 209 (except for 
     assistance authorized by section 209(c)(1)) of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 3149) 
     to provide grants to eligible recipients (as defined in 
     section 3 of such Act) to alleviate economic distress and 
     support long-term comprehensive economic development and job 
     creation in persistently distressed local labor markets and 
     local communities, except that sections 204 and 301 of such 
     Act (42 U.S.C. 3144 and 3161) shall be inapplicable to such 
     grants.
       (2) Recompete plan.--As a condition of receipt of a grant 
     described under paragraph (1), an eligible recipient shall 
     submit a comprehensive 10-year economic development plan for 
     approval by the Secretary that includes--
       (A) proposed programs and activities to be carried out with 
     a grant awarded under this subsection to address the economic 
     challenges of the local labor market or local community in a 
     manner that promotes long-term, sustained economic growth, 
     quality job creation, and local prime-age employment growth;
       (B) projected costs, annual expenditures, and a proposed 
     grant disbursement schedule; and
       (C) other local economic information and periodic 
     benchmarking criteria as the Secretary determines 
     appropriate.
       (3) Maximum award amount.--In determining the maximum 
     amount of a grant that may be awarded under paragraph (1) for 
     the purposes of implementing and carrying out the programs 
     and activities identified in an approved recompete plan 
     described in paragraph (2), the Secretary shall use the 
     product obtained by multiplying--
       (A) the difference in the prime-age employment rate between 
     the United States and the local labor market or local 
     community;
       (B) the prime-age population of the local labor market or 
     local community; and
       (C) either--
       (i) $70,585 for local labor markets with a prime-age 
     employment rate not less than 2.5 percent below the United 
     States; or
       (ii) $53,600 for local communities with a prime-age 
     employment rate not less than 5 percent below the United 
     States.
       (4) Definitions.--In this subsection:
       (A) Local labor market.--The term ``local labor market'' 
     means any of the following areas that contains 1 or more 
     recipients eligible under paragraph (1):
       (i) A metropolitan statistical area or micropolitan 
     statistical area, excluding any area described in clause 
     (iii).
       (ii) A commuting zone, excluding any areas described in 
     clauses (i) and (iii).
       (iii) Tribal land subject to the jurisdiction of an Indian 
     Tribe.
       (B) Local community.--The term ``local community'' means 
     the area served by a unit of general local government that is 
     located within, but does not cover the entire area of, a 
     local labor market that does not meet the criteria described 
     in paragraph (3)(C)(i).
       (c) Economic Adjustment Assistance for Energy and 
     Industrial Transition Communities.--In addition to amounts 
     otherwise available, there is appropriated for fiscal year 
     2022, out of any money in the Treasury not otherwise 
     appropriated, $240,000,000, to remain available until 
     September 30, 2027, to the Secretary of Commerce for economic 
     adjustment assistance as authorized by section 209 (except 
     for assistance authorized by section 209(c)(1)) of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 3149) 
     to provide assistance, including grants for technical 
     assistance, planning, and predevelopment activities, to 
     energy and industrial transition communities, including oil, 
     gas,

[[Page H6475]]

     coal, nuclear, and biomass transition communities, and 
     manufacturing transition communities.
       (d) Economic Adjustment Assistance for Technical 
     Assistance, Project Predevelopment, and Capacity Building.--
     In addition to amounts otherwise available, there is 
     appropriated for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $240,000,000, to remain 
     available until September 30, 2027, to the Secretary of 
     Commerce for economic adjustment assistance as authorized by 
     section 209 (except for assistance authorized by section 
     209(c)(1)) of the Public Works and Economic Development Act 
     of 1965 (42 U.S.C. 3149) to provide grants for technical 
     assistance, project predevelopment, and capacity building 
     activities, including activities relating to the writing of 
     grant applications (consistent with section 213 of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 3153)) 
     and stipends to local community organizations for planning 
     participation, community outreach and engagement activities, 
     subject to the conditions that--
       (1) sections 204 and 301 of such Act shall not apply to 
     grants made with amounts made available under this 
     subsection; and
       (2) not less than 50 percent of the amounts made available 
     under this subsection shall be for activities that are 
     carried out in underserved communities.
       (e) Administration.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated, 
     $210,000,000, to remain available until September 30, 2031, 
     for the administrative expenses of carrying out this section.

     SEC. 110010. ASSISTANCE FOR FEDERAL BUILDINGS.

       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, 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. 110011. CLIMATE RESILIENT COAST GUARD INFRASTRUCTURE.

       In addition to amounts otherwise available, there is 
     appropriated to the Coast Guard for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated, 
     $650,000,000, to remain available until September 30, 2031, 
     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.

     SEC. 110012. GREAT LAKES ICEBREAKER ACQUISITION.

       (a) In General.--In addition to amounts otherwise 
     available, there is appropriated to the Coast Guard for 
     fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $350,000,000, to remain available 
     until September 30, 2031, 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).
       (b) Limitation.--The funds made available under this 
     section are subject to the condition that the Coast Guard 
     shall not--
       (1) enter into an agreement involving funds made available 
     under subsection (a) if such agreement--
       (A) is for a term extending beyond September 30, 2031; or
       (B) involves any payment that could be made or funds 
     disbursed using amounts made available under subsection (a) 
     after September 30, 2031; or
       (2) use any other funds available to the Coast Guard to 
     satisfy obligations initially made under subsection (a).

     SEC. 110013. PORT INFRASTRUCTURE AND SUPPLY CHAIN RESILIENCE.

       (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, 
     $600,000,000, to remain available until September 30, 2026, 
     to the Maritime Administration for the purposes of making 
     grants for projects to support supply chain resilience, 
     reduction in port congestion, and the development of offshore 
     wind through the program under section 50302(c) of title 46, 
     United States Code.
       (b) Limitations.--The funds made available under this 
     section are subject to the condition that the Secretary of 
     Transportation shall not--
       (1) enter into an agreement involving funds made available 
     under subsection (a) if such agreement--
       (A) is for a term extending beyond September 30, 2031; or
       (B) involves any payment that could be made or funds 
     disbursed using amounts made available under subsection (a) 
     after September 30, 2031; or
       (2) use any other funds available to the Secretary to 
     satisfy obligations initially made under subsection (a).

     SEC. 110014. 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.
       (c) Administrative Costs.--Of the amounts made available 
     under subsection (a), the Administrator of the Environmental 
     Protection Agency shall reserve 4 percent for the 
     administrative costs of carrying out this section.

     SEC. 110015. 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, $500,000,000, 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, $1,350,000,000, 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 
     a financially distressed community (as defined in such 
     section), or an Indian tribe or other entity described in 
     section 518(c)(3) of such Act, 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, Indian tribe, or 
     entity 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.
       (c) Administrative Costs.--Of the amounts made available 
     under each of subsections (a) and (b), the Administrator of 
     the Environmental Protection Agency shall reserve 4 percent 
     for the administrative costs of carrying out this section.

     SEC. 110016. 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, to remain available 
     until expended--
       (1) $75,000,000 to make grants 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))); and
       (2) $75,000,000 to make grants to States, municipalities, 
     and nonprofit entities under such Act for the construction, 
     repair, or replacement of individual household decentralized 
     wastewater treatment systems of eligible individuals (as so 
     defined) residing in households that are not connected to a 
     system or technology designed to treat domestic sewage, 
     including eligible individuals using household cesspools.
       (b) Administrative Costs.--Of the amounts made available 
     under subsection (a), the Administrator of the Environmental 
     Protection Agency shall reserve 7 percent for the 
     administrative costs of carrying out this section.

     SEC. 110017. DISASTER RELIEF.

       The Administrator of the Federal Emergency Management 
     Agency may provide financial assistance through September 30, 
     2026, pursuant to section 203(h), 404(a), and 406(b) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5133(h); 42 U.S.C. 5170c(a); 42 U.S.C. 
     5172(b)) for--
       (1) costs associated with low-carbon materials; and

[[Page H6476]]

       (2) incentives that encourage low-carbon and net-zero 
     energy projects, which may include an increase in the Federal 
     cost share.

     SEC. 110018. ENVIRONMENTAL REVIEW IMPLEMENTATION FUNDS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is further amended by adding at the end the following:

     ``Sec. 179. Environmental review implementation funds

       ``(a) Establishment.--In addition to amounts otherwise 
     available, for fiscal year 2022, there is appropriated to the 
     Administrator, out of any money in the Treasury not otherwise 
     appropriated, $50,000,000, to remain available until 
     September 30, 2026, for the purpose of facilitating the 
     development and review of documents for the environmental 
     review process for proposed projects, including through--
       ``(1) the provision of guidance, technical assistance, 
     templates, training, or tools to facilitate an efficient and 
     effective environmental review process for surface 
     transportation projects, including any administrative 
     expenses of the Federal Highway Administration to conduct 
     such activities; and
       ``(2) providing funds made available under this subsection 
     to eligible entities--
       ``(A) to build capacity of such eligible entities and 
     facilitate the environmental review process for proposed 
     projects, including--
       ``(i) defining the scope or study areas;
       ``(ii) identifying impacts, mitigation measures, and 
     reasonable alternatives;
       ``(iii) preparing planning and environmental studies and 
     other documents prior to and during the environmental review 
     process, for potential use in the environmental review 
     process in accordance with applicable statutes and 
     regulations;
       ``(iv) conducting public engagement activities; and
       ``(v) carrying out other activities, including permitting 
     activities, as the Administrator determines to be 
     appropriate, to support the timely completion of an 
     environmental review process required for a proposed project; 
     and
       ``(B) for administrative expenses of the eligible entity to 
     conduct any of the activities described in subparagraph (A).
       ``(b) Cost Share.--
       ``(1) In general.--The Federal share of the cost of an 
     activity carried out under this section by an eligible entity 
     shall be not more than 80 percent.
       ``(2) Source of funds.--The non-Federal share of the cost 
     of an activity carried out under this section by an eligible 
     entity may be satisfied using funds made available to the 
     eligible entity under any other Federal, State, or local 
     grant program, including funds made available to the eligible 
     entity under this title or administered by the U.S. 
     Department of Transportation.
       ``(c) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Highway Administration.
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) a State;
       ``(B) a unit of local government;
       ``(C) a political subdivision of a State;
       ``(D) a territory of the United States;
       ``(E) an entity described in section 207(m)(1)(E);
       ``(F) a recipient of funds under section 203; or
       ``(G) a metropolitan planning organization (as defined in 
     section 134(b)(2)).
       ``(3) Environmental review process.--The term 
     `environmental review process' has the meaning given the term 
     in section 139(a)(3).
       ``(4) Proposed project.--The term `proposed project' means 
     a surface transportation project for which an environmental 
     review process is required.''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is further amended by adding at 
     the end the following:

``179. Environmental review implementation funds.''.

     SEC. 110019. LOW-CARBON TRANSPORTATION MATERIALS GRANTS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is further amended by adding at the end the following:

     ``Sec. 180. Low-carbon transportation materials grants

       ``(a) Federal Highway 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, $900,000,000, to remain 
     available until September 30, 2026, to the Administrator to 
     reimburse eligible recipients for the incremental costs of 
     using low-embodied carbon construction materials and products 
     in projects and for the administrative costs of carrying out 
     this section.
       ``(b) Reimbursement of Incremental Costs; Incentives.--
       ``(1) Reimbursement of incremental costs.--
       ``(A) In general.--The Administrator shall, subject to the 
     availability of funds, reimburse eligible recipients that use 
     low-embodied carbon construction materials and products on a 
     project funded under this title.
       ``(B) Amount.--The amount of reimbursement under 
     subparagraph (A) shall be the incrementally higher cost of 
     using such materials relative to the cost of using 
     traditional materials, as determined by the eligible 
     recipient and verified by the Administrator.
       ``(2) Incentive.--If a reimbursement is provided under 
     paragraph (1), the total Federal share payable for the 
     project for which the reimbursement is provided shall be up 
     to 100 percent.
       ``(3) Limitations.--
       ``(A) In general.--The Administrator shall only provide a 
     reimbursement under paragraph (1) for a project on a--
       ``(i) Federal-aid highway;
       ``(ii) tribal transportation facility;
       ``(iii) Federal lands transportation facility; or
       ``(iv) Federal lands access transportation facility.
       ``(B) Other restrictions.--Amounts 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.
       ``(C) Single occupant passenger vehicles.--Funds made 
     available under this section shall not be used for projects 
     that result in additional through travel lanes for single 
     occupant passenger vehicles.
       ``(4) Materials identification.--The Administrator shall 
     review the low-embodied carbon construction materials and 
     products identified by the Administrator of the Environmental 
     Protection Agency and shall identify low-embodied carbon 
     construction materials and products--
       ``(A) appropriate for use in projects eligible under this 
     title; and
       ``(B) eligible for reimbursement under this section.
       ``(c) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Highway Administration.
       ``(2) Eligible recipient.--The term `eligible recipient' 
     means--
       ``(A) a State;
       ``(B) a unit of local government;
       ``(C) a political subdivision of a State;
       ``(D) a territory of the United States;
       ``(E) an entity described in section 207(m)(1)(E));
       ``(F) a recipient of funds under section 203;
       ``(G) a metropolitan planning organization (as defined in 
     section 134(b)(2)); or
       ``(H) a special purpose district or public authority with a 
     transportation function.
       ``(3) 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.
       ``(4) Low-embodied carbon construction materials and 
     products.--The term `low-embodied carbon construction 
     materials and products' means materials and products 
     identified by the Administrator of the Environmental 
     Protection Agency as having substantially lower levels of 
     embodied carbon compared to estimated industry averages of 
     similar products or materials.''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is further amended by adding at 
     the end the following:

``180. Low-carbon transportation materials grants.''.

     SEC. 110020. SOUTHWEST BORDER REGIONAL COMMISSION.

       In addition to amounts otherwise available, there is 
     appropriated to the Southwest Border Regional Commission for 
     fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $33,000,000, to remain available 
     until September 30, 2031, to carry out activities authorized 
     by subtitle V of title 40, United States Code.

                TITLE XII--COMMITTEE ON VETERANS AFFAIRS

     SEC. 120001. 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, $2,317,000,000, 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, 8102 (except for section 8102(d)), 
     8103 (except for super construction projects as defined in 
     section 8103(e)(3)), 8104 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. 120002. 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

[[Page H6477]]

     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. 120003. 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 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 major medical facility lease of 
     the Department of Veterans Affairs 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 Department of Veterans Affairs 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 
     Department of Veterans Affairs 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. 120004. 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 500 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, $268,000,000, to 
     remain available until September 30, 2029, for the purpose of 
     carrying out this section.

     SEC. 120005. 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. 120006. 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, 
     $5,000,000, 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 Comprehensive Paid Leave

     SEC. 130001. COMPREHENSIVE PAID LEAVE.

       The Social Security Act is amended by adding at the end the 
     following:

            ``TITLE XXII--COMPREHENSIVE PAID LEAVE BENEFITS

     ``SEC. 2201. TABLE OF CONTENTS.

       ``The table of contents for this title is as follows:

``Sec. 2201. Table of contents.
``Sec. 2202. Entitlement to comprehensive paid leave benefits.
``Sec. 2203. Benefit amount.
``Sec. 2204. Benefit determination and payment.
``Sec. 2205. Appeals.
``Sec. 2206. Accurate payment.
``Sec. 2207. Funding for benefit payments, grants, and program 
              administration.
``Sec. 2208. Funding for State administration option for legacy States.
``Sec. 2209. Reimbursement option for employer-sponsored comprehensive 
              paid leave benefits.
``Sec. 2210. Definitions.

     ``SEC. 2202. ENTITLEMENT TO COMPREHENSIVE PAID LEAVE 
                   BENEFITS.

       ``(a) In General.--Every individual who--
       ``(1) has filed an application for a comprehensive paid 
     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 90 days after such date;
       ``(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; and
       ``(4) has at least the specified amount of wages and self-
     employment income during the most recent 8-calendar quarter 
     period that ends at least 4 months prior to the beginning of 
     the individual's benefit period specified in subsection (b),
     shall be entitled to such a benefit for each month during 
     such benefit period, except as otherwise provided in this 
     section. For purposes of paragraph (4), the specified amount 
     for individuals whose benefit period begins in calendar year 
     2024 shall be $2,000, and the specified amount for 
     individuals whose benefit period begins in any calendar year 
     after 2024 shall equal the specified amount applicable for 
     the calendar year preceding such calendar year, or, if 
     larger, the product of $2,000 and the quotient obtained by 
     dividing the national average wage index (as defined in 
     section 2210) for the second calendar year preceding such 
     calendar year by the national average wage index (as so 
     defined) for 2022.
       ``(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 
     would meet the criteria specified in paragraphs (1), (2), 
     (3), and (4) of subsection (a) and ending at the end of 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 at the end of 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 before January 2024.
       ``(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 Commissioner pursuant 
     to subsection (c) of section 2204).

[[Page H6478]]

       ``(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 (during the hours that 
     constitute the individual's regular workweek (within the 
     meaning of section 2203(d))), other than for monetary 
     compensation, for a qualifying reason (as defined in section 
     2210).
       ``(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, for 
     the time during which the individual was so engaged, the 
     individual received--
       ``(i) wages from an employer;
       ``(ii) self-employment income; or
       ``(iii) any form of cash payment made by an employer for 
     purposes of providing the individual with paid vacation, paid 
     sick leave, or any other form of paid time off (but not 
     including any such form of cash payment to the extent that 
     the sum of such cash payment and any comprehensive paid 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)).
       ``(C) Treatment of individuals covered by employer-
     sponsored comprehensive paid leave program.--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 is taking leave from covered employment under an 
     employer-sponsored program (as defined in section 2209(g)).
       ``(D) Treatment of individuals covered by legacy state 
     comprehensive paid leave program.--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 is taking leave from covered employment under the 
     law of a legacy State (as defined in section 2208(c)). In the 
     case of an individual who is no longer employed, such 
     individual shall be treated, for purposes of the preceding 
     sentence, as taking leave from covered employment under the 
     law of a legacy State (as so defined) with respect to the 
     portion of the time during which the individual was so 
     engaged corresponding to the share of the individual's 
     regular workweek (within the meaning of 2203(d)) that was in 
     covered employment under the law of a legacy State (as so 
     defined).
       ``(d) 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.
       ``(e) Disqualification.--An individual who has been found 
     to have used false statements or representation to secure 
     benefits under this section shall be ineligible for benefits 
     under this section 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) 90.138 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) 73.171 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); and
       ``(C) 53.023 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).
       ``(2) Amounts established.--
       ``(A) Initial amounts.--For individuals whose benefit 
     period under this title begins in calendar year 2024, the 
     amount established for purposes of subparagraphs (A), (B), 
     and (C) of paragraph (1) shall be \1/52\ of $15,080, $34,248, 
     and $62,000, 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 2210) for the second calendar year preceding such 
     calendar year, by
       ``(ii) the national average wage index (as so defined) for 
     calendar year 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 Commissioner, 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 8-calendar quarter 
     period described in section 2202(a)(4); 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 Commissioner shall make such determination on the basis 
     of data provided to the Commissioner from the National 
     Directory of New Hires pursuant to section 453(j)(12) and 
     self-employment income information provided to the 
     Commissioner pursuant to section 6103(l)(23) of the Internal 
     Revenue Code of 1986, except that the Commissioner 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 any form of cash payment for the purpose 
     of providing the individual with paid vacation, paid sick 
     leave, or any other form of paid time off from the 
     individual's employer during such week in accordance with 
     section 2202(c)(2)(B)(iii)); and
       ``(4) the total number of caregiving hours credited to 
     weeks during the individual's benefit period may not exceed 
     the product of 4 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 as 
     a self-employed individual (or regularly worked in the case 
     of an individual who is no longer working or whose total 
     weekly hours of work have been reduced) during the month 
     before the individual's benefit period begins (or prior to 
     such month, if applicable in the case of an individual who is 
     no longer working or whose total weekly hours of work have 
     been reduced).
       ``(e) Submission of Required Information.--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 section 2204(b)(2). For purposes 
     of this subsection, the term `applicable paid leave 
     information' means, with respect to an individual, any 
     information submitted to the Commissioner with respect to the 
     comprehensive paid 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. 2204. BENEFIT DETERMINATION AND PAYMENT.

       ``(a) In General.--An individual seeking benefits under 
     section 2202 shall file an application with the Commissioner 
     containing at least the information described in subsection 
     (b). 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 Commissioner demonstrates by a 
     preponderance of the evidence that information contained in 
     the application or periodic benefit claim report is false, 
     except that the Commissioner shall mandate procedures to 
     validate the identity of such individual.
       ``(b) Required Contents of Initial Application.--An 
     application for a comprehensive paid 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 90 days after such date;
       ``(2) at the option of the Commissioner, a certification, 
     issued by a relevant authority identified under regulations 
     issued by the Commissioner, that contains such information as 
     the Commissioner shall specify in regulations as necessary to 
     affirm the circumstances giving rise to the need for such 
     caregiving hours, which shall be no more than is required for 
     reasonable documentation (as defined in section 2210);
       ``(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 Commissioner may waive this 
     requirement in any case in which such evidence is otherwise 
     available to the Commissioner; and
       ``(5) an attestation from the individual stating the number 
     of hours in a regular workweek of

[[Page H6479]]

     the individual (within the meaning of section 2203(d)).
     In the case of an individual who applies for a comprehensive 
     paid leave benefit in the anticipation of caregiving hours 
     occurring after the date of application, the certification 
     described in paragraph (2), the attestations described in 
     paragraphs (3) and (5), 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 Commissioner 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 Commissioner. Such 
     periodic benefit claim report shall specify the caregiving 
     hours of the individual that occurred during each week that 
     ended in such month. 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 comprehensive paid 
     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.--
       ``(1) Initial application.--The Commissioner shall 
     determine, with respect to an individual applying for 
     benefits under section 2202, the initial entitlement and the 
     benefit period in accordance with such section, and the 
     weekly benefit rate, average weekly earnings, and the number 
     of hours in a regular workweek in accordance with section 
     2203.
       ``(2) Monthly benefit determinations.--On the basis of the 
     information filed with the Commissioner pursuant to 
     subsection (c), the Commissioner 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).
       ``(3) Changing circumstances.--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.
       ``(e) Certification of Payment.--Not later than 15 days 
     after the making of a determination under subsection (d)(2) 
     with respect to the number of caregiving hours of an 
     individual to be credited to weeks ending in a month, the 
     Commissioner shall certify payment of the comprehensive paid 
     leave benefit for such month to be made to such individual, 
     and the Secretary of the Treasury shall make such payment in 
     accordance with the certification of the Commissioner of 
     Social Security.
       ``(f) Regulations and Procedures.--The Commissioner shall 
     have full power and authority to make rules and regulation, 
     including interim final regulations, and to establish 
     procedures, not inconsistent with this title, which are 
     necessary and appropriate to carry out this title.

     ``SEC. 2205. APPEALS.

       ``(a) In General.--An individual shall have the right--
       ``(1) to appeal to the Commissioner any determination made 
     with respect to--
       ``(A) comprehensive paid leave benefits under section 2202; 
     and
       ``(B) comprehensive paid leave benefits under an employer-
     sponsored program described in section 2209 whose appeal to 
     the employer (or administering entity) pursuant to subsection 
     (b)(1)(B)(iii)(I) of such section results in a determination 
     unfavorable to the individual; and
       ``(2) to have the appeal heard in a timely manner by a 
     decisionmaker who was not the initial decisionmaker and who 
     reviews any additional evidence submitted.
       ``(b) Treatment of Determinations on Appeal.--Any 
     determination by the Commissioner on an appeal under this 
     section shall be a final determination.

     ``SEC. 2206. ACCURATE PAYMENT.

       ``(a) Underpayments and Overpayments.--
       ``(1) In general.--Whenever the Commissioner determines 
     that more or less than the correct amount of payment has been 
     made to any individual under this title, the Commissioner 
     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 as follows:
       ``(A) Underpayments.--With respect to payment to an 
     individual of less than the correct amount, the Commissioner 
     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 Commissioner shall 
     decrease any payment for a month under section 2202 to which 
     such overpaid individual is entitled (except that no such 
     payment may be decreased in any manner that results in weekly 
     benefit amounts for each week ending during such month that 
     are less than the lower of the weekly benefit amounts for 
     each such week as determined for such individual under 
     section 2203(a) or 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 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 2210) 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 for comprehensive 
     paid leave benefits under section 2202 has been made, there 
     shall be no adjustment of payments to, or recovery 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 impede efficient or effective 
     administration of this title, or if such individual relied on 
     the receipt or expected payment of comprehensive paid leave 
     benefits under section 2202 to make a financial decision. In 
     considering whether an individual is without fault, the 
     Commissioner shall take into account the individual's age and 
     any physical impairment or mental impairment (including 
     intellectual disability), limited English proficiency, low 
     levels of literacy skills, educational limitations, and any 
     other circumstances that may render the individual not at 
     fault.
       ``(b) Civil Monetary Penalty.--
       ``(1) In general.--Any person who knowingly makes a false 
     statement, misrepresents a fact, or omits material 
     information in connection with an application for benefits 
     under section 2202 or a periodic benefit claim report under 
     section 2204 shall be subject to a civil monetary penalty of 
     not more than the amount determined under paragraph (2) for a 
     calendar year for each such statement, misrepresentation, or 
     omission.
       ``(2) Amount determined.--The amount determined under this 
     paragraph for a calendar year shall be the amount that would 
     be in effect for such calendar year if such penalty--
       ``(A) had been first established in the amount of $5,000 in 
     calendar year 1994; and
       ``(B) had been initially adjusted for inflation in calendar 
     year 2016.
       ``(c) Exclusion From Participation.--
       ``(1) In general.--No person or entity who--
       ``(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 (i) his initial or continued right to any such 
     benefit, or (ii) 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 take any action described in any of 
     subparagraphs (A) through (C),
     may represent, or submit evidence on behalf of, an individual 
     applying for, or receiving, benefits under this title.
       ``(2) Effective date.--An exclusion under this paragraph 
     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 
     subsection.
       ``(d) Redetermination of Entitlement.--
       ``(1) In general.--
       ``(A) Termination or reversal of benefits.--The 
     Commissioner shall immediately redetermine the entitlement of 
     an individual to comprehensive paid leave benefits under 
     section 2202 if there is reason to believe that fraud or 
     similar fault was involved in the application of the 
     individual for such benefits.
       ``(B) Disregard of certain evidence.--When redetermining 
     the entitlement, or making an initial determination of 
     entitlement, of an individual under this title, the 
     Commissioner 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--

[[Page H6480]]

       ``(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 comprehensive paid leave benefits, the Commissioner 
     determines that there is insufficient evidence to support 
     such entitlement, the Commissioner 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.--In addition 
     to amounts otherwise available, 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 2208 and 2209.
       ``(b) Funding for Program Administration.--
       ``(1) In general.--In addition to amounts otherwise 
     available, there is appropriated, out of any funds in the 
     Treasury not otherwise appropriated, $1,500,000,000 for 
     fiscal year 2022 and $1,590,700,000 for each subsequent 
     fiscal year (subject to paragraph (2)) for timely and 
     accurate administration of all sections of this title, 
     including costs related to necessary customer service, 
     staffing, technology, training, data sharing, identity 
     validation, technical assistance to legacy States under 
     section 2208 and employers or employer-designated third party 
     administrators under section 2209, public education and 
     outreach to potential beneficiaries, and research for the 
     purpose of ensuring full and equitable access to the programs 
     under this title.
       ``(2) Indexing to wage growth.--For each fiscal year after 
     2024, there shall be substituted for the dollar amount 
     specified in paragraph (1) for such fiscal year an amount 
     equal to the larger of the dollar amount in effect under this 
     subsection for the fiscal year preceding such fiscal year or 
     the product of $1,590,700,000 multiplied by the ratio of--
       ``(A) the national average wage index (as defined in 
     section 2210) for the most recent calendar year that ends 
     before the beginning of such preceding fiscal year, to
       ``(B) the national average wage index (as so defined) for 
     2021.
       ``(3) No use of title ii funds.--No funds made available 
     for the administration of title II may be used to carry out 
     the paid leave program established under this title.
       ``(c) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2022, out of 
     any funds in the Treasury not otherwise appropriated, 
     $2,000,000,000, to remain available until expended, for 
     necessary administrative expenses of the Social Security 
     Administration.
       ``(d) Availability of Emergency Funding.--In addition to 
     amounts otherwise available, there is appropriated for fiscal 
     year 2022, out of any funds in the Treasury not otherwise 
     appropriated, $500,000,000, to remain available until 
     expended, for administrative expenses described in subsection 
     (b)(1) during fiscal year 2024 or any subsequent fiscal year, 
     except that such amount shall not be available in any fiscal 
     year unless the Commissioner determines that the number of 
     applications filed during such fiscal year for comprehensive 
     paid leave benefits under section 2202(a) will exceed the 
     number that were anticipated to be filed during such fiscal 
     year (as determined by the Commissioner) by 20 percent or 
     more.

     ``SEC. 2208. FUNDING FOR STATE ADMINISTRATION OPTION FOR 
                   LEGACY STATES.

       ``(a) In General.--In each calendar year beginning with 
     calendar year 2025, the Commissioner shall make a grant to 
     each State that, for the calendar year preceding such 
     calendar year, was a legacy State and that met the data 
     sharing requirements of subsection (e), in an amount equal to 
     the lesser of--
       ``(1) an amount, as estimated by the Commissioner, equal to 
     the total amount of comprehensive paid leave benefits that 
     would have been paid under section 2202 (including the costs 
     to the Commissioner to administer such benefits, not to 
     exceed (for purposes of estimating such total amount under 
     this paragraph) 7 percent of the total amount of such 
     benefits paid) to individuals who received paid family and 
     medical leave benefits under a State law described in 
     paragraph (1) or (3) of subsection (b) during the calendar 
     year preceding such calendar year if the State had not been a 
     legacy State for such preceding calendar year; or
       ``(2) an amount equal to the total cost of paid family and 
     medical leave benefits under a State law described in 
     paragraph (1) or (3) of subsection (b) for the calendar year 
     preceding such calendar year, including--
       ``(A) any paid family and medical leave benefits provided 
     by an employer (whether directly, under a contract with an 
     insurer, or provided through a multiemployer plan) as 
     described in subsection (d); and
       ``(B) the full cost to the State of administering such law 
     (except that such cost may not exceed 7 percent of the total 
     amount of paid family and medical leave benefits paid under 
     such State law).
     In any case in which, during any calendar year, the 
     Commissioner has reason to believe that a State will be a 
     legacy State and meet the data sharing requirements of 
     subsection (e) for such calendar year, the Commissioner 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 with respect 
     to which the Commissioner determines that--
       ``(1) the State has enacted, not later than the date of 
     enactment of this title, a State law that provides paid 
     family and medical leave benefits;
       ``(2) for any calendar year that begins before the date 
     that is 3 years after the date of enactment of this title, 
     the State certifies to the Commissioner that the State 
     intends to remain a legacy State and meet the data sharing 
     requirements of subsection (e) at least through the first 
     calendar year that begins on or after such date; and
       ``(3) for any calendar year that begins on or after such 
     date, a State law of the State provides for a State program 
     to remain in effect throughout such calendar year that 
     provides comprehensive paid family and medical leave benefits 
     (which may be paid directly by the State or, if permitted 
     under such State law, by an employer pursuant to such State 
     law)--
       ``(A) for at least 4 full workweeks of leave during each 
     12-month period to at least all of those individuals in the 
     State who would be eligible for comprehensive paid leave 
     benefits under section 2202 (without regard to section 
     2202(c)(2)(D)), except that the State shall provide such 
     benefits for leave from employment by the State or any 
     political subdivision thereof, and may elect to provide such 
     benefits for leave from any other governmental employment;
       ``(B) at a wage replacement rate that is at least 
     equivalent to the wage replacement rate under the 
     comprehensive paid leave benefit program under section 2202 
     (without regard to section 2202(c)(2)(D)).
       ``(c) Covered Employment Under the Law of a Legacy State.--
     For purposes of this title, the term `covered employment 
     under the law of a legacy State' means employment (or self-
     employment) with respect to which an individual would be 
     eligible to receive paid family and medical benefits under 
     the State law of a State, as described in paragraph (1) or 
     (3) of subsection (b), during any period during which such 
     State is a legacy State.
       ``(d) Employer-provided Benefits in a Legacy State.--
       ``(1) Treatment for purposes of this title.--
     Notwithstanding any provision of section 2209, in the case of 
     a State that permits paid family and medical leave benefits 
     to be provided by an employer (whether directly, under a 
     contract with an insurer, or provided through a multiemployer 
     plan) pursuant to a State law described in paragraph (1) or 
     (3) of subsection (b)--
       ``(A) such benefits shall be considered, for all purposes 
     under this title, paid family and medical leave benefits 
     under the law of a legacy State; and
       ``(B) leave for which such benefits are paid shall be 
     considered, for all such purposes, leave from covered 
     employment under the law of a legacy State.
       ``(2) Distribution of grant funds.--In any case in which 
     paid family and medical leave benefits are provided by one or 
     more employers (whether directly, under a contract with an 
     insurer, or provided through a multiemployer plan) in a 
     legacy State pursuant to a State law described in paragraph 
     (1) or (3) of subsection (b), the State, upon the receipt of 
     any grant amount under subsection (a), may distribute an 
     appropriate share of such grant to each such employer.
       ``(e) 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 Commissioner under which the State 
     shall provide the Commissioner--
       ``(1) with information, to be provided periodically as 
     determined by the Commissioner, concerning individuals who 
     received a paid leave benefit under a State law described in 
     paragraph (1) or (3) of 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 necessary 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 needed to determine 
     compliance with grant requirements.
       ``(f) Greater Benefits Permitted.--Nothing in this section 
     shall be construed to prohibit a legacy State or an employer 
     providing benefits pursuant to a legacy State law from 
     providing paid family and medical leave benefits that exceed 
     the requirements described in this section.

     ``SEC. 2209. REIMBURSEMENT OPTION FOR EMPLOYER-SPONSORED 
                   COMPREHENSIVE PAID LEAVE BENEFITS.

       ``(a) In General.--For each calendar year beginning with 
     calendar year 2024, the Commissioner 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 
     comprehensive paid leave benefit program with respect to 
     which benefits are awarded and paid under a contract with an 
     insurer (or through a multiemployer plan), an amount (not to 
     exceed the employer's expenditures for such program) equal to 
     the lesser of--
       ``(A) 90 percent of the product of--
       ``(i) the projected national average cost per individual of 
     providing comprehensive paid leave benefits under section 
     2202 as determined by the Commissioner for such calendar year 
     under subsection (c)(3) (or, in the case of a calendar year 
     during which the eligible employer sponsored such 
     comprehensive paid leave benefit program for only a fraction 
     of the year, an equal fraction of such projected national 
     average cost); multiplied by

[[Page H6481]]

       ``(ii) the number of eligible employees (within the meaning 
     of subsection (b)(1)(A) and pro-rated for part-time eligible 
     employees) whose employment is covered employment under the 
     employer-sponsored program (as defined in subsection (g)) for 
     such calendar year (or, in the case of a calendar year during 
     which the eligible employer sponsored such comprehensive paid 
     leave benefit program for only a fraction of the year, for 
     such fraction of the year); and
       ``(B) 90 percent of the total premiums paid to the insurer 
     (or contributions paid to the multiemployer plan) by the 
     eligible employer under such contract (or such plan) for such 
     calendar year (or such fraction thereof) for the coverage 
     under such contract (or such plan) of eligible employees of 
     the employer; and
       ``(2) in the case of an eligible employer sponsoring a 
     self-insured comprehensive paid 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 eligible employees of the employer for 
     up to 4 weeks of leave per eligible employee; or
       ``(B) if lesser, the product of the national average weekly 
     benefit amount paid under section 2203(a) during such 
     calendar year multiplied by the number of weeks of leave (up 
     to 4 per eligible employee) paid by the employer for all 
     eligible employees under the program for the calendar year.
       ``(b) Eligibility.--
       ``(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 2208) 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 is not covered employment under the law of 
     a legacy State (as defined in section 2208(c)) (in this 
     section referred to as `eligible employees').
       ``(B) Grant conditions.--As a condition of the grant, the 
     employer agrees--
       ``(i) that, on return from leave under the program 
     described in subparagraph (C)(ii), the eligible employee 
     taking such leave will--

       ``(I) be restored by the employer to the position of 
     employment held by the eligible employee 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 eligible employee under 
     any `group health plan' (as defined in section 2210) for the 
     duration of such leave at the level and under the conditions 
     coverage would have been provided if the eligible employee 
     had continued in employment continuously for the duration of 
     such leave;
       ``(iii) in any case in which an eligible employee receives 
     an adverse determination from the employer (or administering 
     entity) with respect to comprehensive paid leave benefits 
     under the program described in subparagraph (C)(ii)--

       ``(I) to provide opportunity for the eligible employee to 
     appeal such adverse determination to the employer (or 
     administering entity); and
       ``(II) in any case in which the eligible employee elects to 
     appeal the results of such initial appeal to the Commissioner 
     pursuant to section 2205(a)(1)(B) and the final decision of 
     the Commissioner is in the eligible employee's favor, to 
     provide for the payment of such comprehensive paid leave 
     benefits in addition to the costs to the Commissioner of such 
     secondary appeal;

       ``(iv) to provide annual notice to all eligible employees 
     stating that their employment is covered employment under an 
     employer-sponsored program (as defined in subsection (g)) and 
     informing them of the right to appeal any adverse 
     determination with respect to comprehensive paid leave 
     benefits under the program described in subparagraph (C)(ii); 
     and
       ``(v) not to impose any fee on any eligible employee 
     related to ensuring coverage, or to the receipt of 
     comprehensive paid leave benefits, under the program 
     described in subparagraph (C)(ii).
       ``(C) 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 Commissioner that the employer intends 
     to seek a grant under this section for such calendar year;
       ``(ii) certifies to the Commissioner that the employer will 
     have in effect during such calendar year a comprehensive paid 
     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 
     Commissioner may request; and
       ``(iii) pays an application fee to the Commissioner in 
     accordance with this subparagraph, such amounts to remain 
     available to the Commissioner without further appropriation, 
     in addition to amounts otherwise available, to administer 
     this section and appeals described in section 2205(a)(1)(B).
     In the case of an initial application, the application fee 
     under this subparagraph shall be $500 for an employer with 50 
     or fewer employees, $1,000 for an employer with more than 50 
     but fewer than 500 employees, and $2,000 for an employer with 
     500 or more employees. In the case of a renewed application, 
     the application fee under this subparagraph shall be $200.
       ``(D) Approval by the commissioner.--The comprehensive paid 
     leave benefit program referred to in subparagraph (C)(ii) is 
     subsequently approved by the Commissioner as meeting all 
     applicable requirements.
       ``(E) Information submission requirement.--At the time of 
     application for such grant for each calendar year, the 
     employer--
       ``(i) submits to the Commissioner--

       ``(I) an attestation that the comprehensive paid leave 
     benefit program referred to in subparagraph (C)(ii) 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 eligible employee of the 
     employer whose employment is covered employment under the 
     employer-sponsored program (as defined in subsection (g)) for 
     such calendar year, the eligible employee's name, information 
     to establish the eligible employee's identity, and in the 
     case of a part-time eligible employee (for purposes of 
     determining the number of eligible employees (pro-rated for 
     part-time eligible employees) covered under the program for 
     such calendar year under subsection (a)(1)(B)), the number of 
     hours the eligible employee regularly works in a week; and

       ``(ii) agrees to submit information to the Commissioner as 
     described in subsection (e).
       ``(F) Maintenance of records.--The employer agrees to 
     retain all records relating to the employer's comprehensive 
     paid leave benefit program for not less than 3 years.
       ``(G) Additional grant requirements.--As a condition of the 
     grant, the employer (or administering entity) does not--
       ``(i) interfere with, restrain, or deny the exercise of, or 
     the attempt to exercise, any right provided under the program 
     described in subparagraph (C)(ii); or
       ``(ii) discharge, or in any other manner discriminate 
     against, any eligible employee for opposing any practice 
     prohibited by such program.
       ``(H) Additional eligibility requirements for self-insured 
     employers.--In the case of a comprehensive paid leave benefit 
     program of an employer 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 eligible employees; 
     and
       ``(ii) such benefits are guaranteed by a surety bond held 
     by the employer.
       ``(2) Timing of application.--
       ``(A) Certification.--The certification deadline specified 
     in this subparagraph for a calendar year is the date that is 
     90 days before the beginning of the calendar year, or, if 
     later, the date that is 90 days before a plan described in 
     paragraph (1)(C)(ii) first goes into effect.
       ``(B) Submission of documentation.--The submission deadline 
     specified in this subparagraph for a calendar year is the 
     date that is 45 days before the beginning of the calendar 
     year, or, if later, the date that is 45 days before a plan 
     described in paragraph (1)(C)(ii) first goes into effect.
       ``(c) Employer Program Requirements.--
       ``(1) In general.--A comprehensive paid leave benefit 
     program shall not be considered to meet the requirements of 
     this subsection unless such program consists of a written 
     employer policy in accordance with paragraph (2) that 
     provides for the payment, through one or more employee 
     benefit plans, of family and medical leave benefits (in 
     addition to any paid vacation, paid sick leave, or paid 
     consolidated leave otherwise provided), which may be 
     guaranteed through an insurer or provided through a 
     multiemployer plan and which may be administered by an 
     insurer, multiemployer plan, or by another third-party 
     entity, that includes each element described in subparagraphs 
     (A) through (H) of paragraph (2), and under which the 
     employer provides for each of the following:
       ``(A) Each of the additional grant conditions described in 
     subsection (b)(1)(B).
       ``(B) Each of the requirements described in subsection 
     (b)(1)(G).
       ``(C) Submission of information to the Commissioner as 
     described in subsection (e).
       ``(2) Comprehensive paid leave plan requirements for 
     grantees.--As a condition of a grant under this section, the 
     written employer policy referred to in paragraph (1) shall 
     provide comprehensive paid leave benefits--
       ``(A) to all eligible employees of the employer, regardless 
     of length of service, job type, membership in a labor 
     organization, seniority status, or any other employee 
     classification;
       ``(B) at a wage replacement rate that is at least as great 
     as the wage replacement rate that an eligible employee would 
     receive under the comprehensive paid leave benefit program 
     under section 2202 (without regard to section 2202(c)(2)(C));
       ``(C) 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 eligible employee would receive under such program 
     (without regard to such section);
       ``(D) for all qualifying reasons (as described in 
     subparagraphs (A), (B), and (C) of section 2210(6)), 
     regardless of any pre-existing medical conditions;
       ``(E) for leave which may be taken intermittently or on a 
     reduced leave schedule;
       ``(F) that does not impose any fee on any eligible employee 
     related to ensuring coverage for, or to the receipt of, such 
     benefits;
       ``(G) which must be paid not less frequently than monthly; 
     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 
     2024, the Commissioner shall determine and publish the 
     projected

[[Page H6482]]

     national average cost per individual of providing 
     comprehensive paid leave benefits under section 2202 for such 
     calendar year, such cost to be determined by dividing the 
     total cost of benefits under such section for such calendar 
     year (including the costs to the Commissioner to administer 
     such benefits, not to exceed (for purposes of calculating the 
     national average cost under this paragraph) 7 percent of the 
     total amount of such benefits paid) by the number of 
     individuals--
       ``(A) who have wages or self-employment income at any time 
     during such calendar year; and
       ``(B) whose employment in a regular workweek (within the 
     meaning of section 2203(d)) includes employment that is not 
     covered employment under an employer-sponsored program (as 
     defined in subsection (g) of this section) or covered 
     employment under the law of a legacy State (as defined in 
     section 2208(c)).
       ``(d) Timing of Payment; Penalty for Late Filing.--
       ``(1) Insured employers and employers contributing to 
     multiemployer plans.--A grant paid under this section for a 
     calendar year to an eligible employer described in subsection 
     (a)(1) shall be paid by the Commissioner not later than 30 
     days after the beginning of such calendar year.
       ``(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 Commissioner 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)(2)(B)--
       ``(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 Commissioner with information, at such 
     times and in such manner as required by the Commissioner, 
     concerning eligible employees who received a paid leave 
     benefit under the comprehensive paid leave benefit program of 
     the employer, including each eligible employee's name, 
     information to establish the eligible employee'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 eligible 
     employees as needed for the purpose of carrying out this 
     section and section 2202(c)(2)(C), and for otherwise carrying 
     out the provisions of this title.
       ``(f) Enforcement and Grant Recovery.--
       ``(1) In general.--The Commissioner shall conduct periodic 
     reviews of employers receiving grants under this section (and 
     of entities administering such programs). The Commissioner 
     may withdraw approval of the comprehensive paid leave benefit 
     program of an employer in any case in which the Commissioner 
     finds that the employer (or administering entity) has 
     violated any requirement of this section, may require the 
     employer to repay the full amount of such grant, and may 
     disqualify an employer from receiving subsequent grants (or 
     an administering entity from administering programs) under 
     this section in the case of repeated violations.
       ``(2) Penalties relating to appeals.--In any case in which 
     the Commissioner 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 Commissioner pursuant to an appeal described in section 
     2205(a)(1)(B), the Commissioner may impose penalties on the 
     employer (or administering entity), which may include 
     requiring the employer to repay the full amount of such grant 
     and a reduction in, or disqualification from, receiving 
     subsequent grants (or an entity from administering programs) 
     under this section.
       ``(3) Penalties on administering entities.--In the case of 
     a third-party entity administering a comprehensive paid 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 Commissioner determines that a pattern of 
     misconduct exists with respect to an entity administering 
     benefits under this section for multiple employers, the 
     Commissioner 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 
     Commissioner only if such appeal is filed with the 
     Commissioner not later than 60 days after the date of such 
     decision.
       ``(g) Covered Employment Under an Employer-sponsored 
     Program.--For purposes of this title, the term `covered 
     employment under an employer-sponsored program'--
       ``(1) means employment with an eligible employer sponsoring 
     a comprehensive paid leave benefit program that meets the 
     requirements of subsection (c) during a calendar year for 
     which the eligible employer receives a grant under subsection 
     (a); and
       ``(2) does not include covered employment under the law of 
     a legacy State (as defined in section 2208(c)).
       ``(h) 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. 2210. DEFINITIONS.

       ``For purposes of this title:
       ``(1) Commissioner.--The term `Commissioner' means the 
     Commissioner of Social Security.
       ``(2) Eligibility.--With respect to any reference in this 
     title to an individual's eligibility or ineligibility for 
     comprehensive paid leave benefits under section 2202(a) for a 
     month, an individual shall be considered to be eligible for 
     such benefits for such month if, upon filing an application 
     for such benefits for such month, the individual would be 
     entitled to such benefits for such month.
       ``(3) 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.
       ``(4) Multiemployer plan.--The term `multiemployer plan' 
     has the meaning given such term in section 3(37) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1002(37)).
       ``(5) National average wage index.--The term `national 
     average wage index' has the meaning given such term in 
     section 209(k)(1).
       ``(6) Qualifying reason.--The term `qualifying reason' 
     means, with respect to any determination of whether an 
     individual is engaged in qualified caregiving under section 
     2202(c)(2)(A), any of the following:
       ``(A) A reason described in subparagraph (A) or (B) of 
     section 102(a)(1) of the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2612(a)(1)) (applied for purposes of this 
     paragraph as if the individual involved were the employee 
     referred to in such section).
       ``(B)(i) In order to care for a qualified family member of 
     the individual, if such qualified family member has a serious 
     health condition.
       ``(ii) For purposes of clause (i)--
       ``(I) the term `qualified family member' means, with 
     respect to an individual--

       ``(aa) a spouse (including a domestic partner in a civil 
     union or other registered domestic partnership recognized by 
     a State) and a spouse's parent;
       ``(bb) a child and a child's spouse;
       ``(cc) a parent and a parent's spouse;
       ``(dd) a sibling and a sibling's spouse;
       ``(ee) a grandparent, a grandchild, or a spouse of a 
     grandparent or grandchild; and
       ``(ff) any other individual who is related by blood or 
     affinity and whose association with the individual involved 
     is equivalent of a family relationship; and

       ``(II) the term `serious health condition' has the meaning 
     given such term in section 101(11) of the Family and Medical 
     Leave Act of 1993 (29 U.S.C. 2611(11)) .
       ``(C) Because of a serious health condition (as defined in 
     subparagraph (B)(ii)(II)) that makes the individual unable to 
     satisfy the requirements needed to continue receiving (or in 
     the case of an individual no longer employed, to resume 
     receiving) the wages or self-employment income described in 
     section 2202(a)(3).
       ``(7) Reasonable documentation.--The term `reasonable 
     documentation' means the information that is required to be 
     stated under subsection (b) of section 103 of the Family and 
     Medical Leave Act of 1993 (29 U.S.C. 2613).
       ``(8) 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 Commissioner 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.
       ``(9) 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.
       ``(10) 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 (without regard to section 3121(u)(2)(C) 
     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.
       ``(11) 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 COMPREHENSIVE PAID LEAVE.

       Section 453(j) of the Social Security Act (42 U.S.C. 
     653(j)) is amended by adding at the end the following:
       ``(12) Information comparisons and disclosure to assist in 
     administration of title xxii.--
       ``(A) Furnishing of information by the commissioner of 
     social security.--The Commissioner of Social Security shall 
     furnish to the Secretary, on such periodic basis as 
     determined by the Commissioner of Social Security in 
     consultation with the Secretary, information in the custody 
     of the Commissioner of Social Security for comparison with 
     information in the National

[[Page H6483]]

     Directory of New Hires, in order to obtain information in 
     such Directory with respect to individuals for purposes of 
     administering title XXII.
       ``(B) Requirement to seek minimum information.--The 
     Commissioner of Social Security shall seek information 
     pursuant to this section only to the extent necessary to 
     administer title XXII.
       ``(C) Duties of the secretary.--
       ``(i) Information disclosure.--The Secretary, in 
     cooperation with the Commissioner of Social Security, shall 
     compare information in the National Directory of New Hires 
     with information provided by the Commissioner of Social 
     Security with respect to individuals described in 
     subparagraph (A), and shall disclose information in such 
     Directory regarding such individuals to the Commissioner of 
     Social Security, in accordance with this paragraph, for the 
     purposes specified in this paragraph.
       ``(ii) Condition on disclosure.--The Secretary shall make 
     disclosures in accordance with clause (i) only to the extent 
     that the Secretary determines that such disclosures do not 
     interfere with the effective operation of the program under 
     this part.
       ``(D) Use of information by the commissioner of social 
     security.--The Commissioner of Social Security may use 
     information provided under this paragraph only for purposes 
     of administering title XXII, and shall maintain such 
     information in the records of the Commissioner of Social 
     Security for such time as the Commissioner of Social Security 
     deems necessary for the administration of such title.
       ``(E) Disclosure of information by the commissioner of 
     social security.--
       ``(i) Purpose of disclosure.--The Commissioner of Social 
     Security may make a disclosure under this subparagraph only 
     for purposes of verifying the employment and income of 
     individuals described in subparagraph (A).
       ``(ii) Conditions on disclosure.--Disclosures under this 
     subparagraph shall be--

       ``(I) made in accordance with data security and control 
     policies established by the Commissioner of Social Security 
     and approved by the Secretary;
       ``(II) subject to audit in a manner satisfactory to the 
     Secretary; and
       ``(III) subject to the sanctions under subsection (l)(2).

       ``(iii) Restrictions on redisclosure.--A person or entity 
     to which information is disclosed under this subparagraph may 
     use or disclose such information only as needed for verifying 
     the employment and income of individuals described in 
     subparagraph (A), subject to the conditions in clause (ii) 
     and such additional conditions as agreed to by the Secretary 
     and the Commissioner of Social Security.
       ``(F) Reimbursement of hhs costs.--. The Commissioner of 
     Social Security shall reimburse the Secretary, in accordance 
     with subsection (k)(3), for the costs incurred by the 
     Secretary in furnishing the information requested under this 
     paragraph.''.

     SEC. 130003. ACCESS TO SELF-EMPLOYMENT INCOME INFORMATION FOR 
                   PAID LEAVE ADMINISTRATION.

       (a) In General.--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 Social 
     Security Administration return information with respect to a 
     taxpayer whose self-employment income is relevant in 
     determining entitlement to, 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,
       ``(iii) the taxable year to which such self-employment 
     income relates, and
       ``(iv) if applicable, the fact that any of the preceding 
     information is unavailable.
       ``(B) Restriction on disclosure.--Return information 
     disclosed under subparagraph (A) may be used by officers and 
     employees of the Social Security Administration 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).''.
       (b) Application of Safeguards.--Section 6103(p)(4) of such 
     Code is amended by striking ``or (22)'' in the matter 
     preceding subparagraph (A) and in subparagraph (F)(ii) and 
     inserting ``(22), or (23)''.

     SEC. 130004. CERTAIN COMPREHENSIVE PAID LEAVE BENEFITS 
                   EXCLUDED FROM GROSS INCOME.

       (a) In General.--Part III of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by inserting 
     after section 139I the following new section:

     ``SEC. 139J. CERTAIN COMPREHENSIVE PAID LEAVE BENEFITS.

       ``In the case of an individual, gross income shall not 
     include any amount received by the taxpayer by reason of 
     entitlement to a comprehensive paid leave benefit under 
     section 2202(a) of the Social Security Act.''.
       (b) Clerical Amendment.--The table of sections for part III 
     of subchapter B of chapter 1 of such Code is amended by 
     inserting after the item relating to section 139I the 
     following new item:

``Sec. 139J. Certain comprehensive paid leave benefits.''.

                 Subtitle B--Miscellaneous Health Items

     SEC. 132000. REGISTERED PROFESSIONAL NURSES.

       (a) Medicare.--Section 1819(b)(4)(C)(i) of the Social 
     Security Act (42 U.S.C. 1395i-3(b)(4)(C)(i)) is amended by 
     striking ``registered professional nurse'' and all that 
     follows through the period at the end and inserting the 
     following: ``registered professional nurse, with respect to 
     such services furnished--

       ``(I) before October 1, 2024, at least 8 consecutive hours 
     a day, 7 days a week; and
       ``(II) on or after such date, 24 hours a day, 7 days a 
     week.''.

       (b) Medicaid.--Section 1919(b)(4)(C)(i)(II) of the Social 
     Security Act (42 U.S.C. 1396r(b)(4)(C)(i)(II)) is amended by 
     striking ``registered professional nurse'' and all that 
     follows through the period at the end and inserting the 
     following: ``registered professional nurse, with respect to 
     such services furnished--
       ``(aa) before October 1, 2024, at least 8 consecutive hours 
     a day, 7 days a week; and
       ``(bb) on or after such date, 24 hours a day, 7 days a 
     week.''.

     SEC. 132001. PERMANENT EXTENSION OF THE INDEPENDENCE AT HOME 
                   MEDICAL PRACTICE DEMONSTRATION PROGRAM.

       Section 1866E of the Social Security Act (42 U.S.C. 1395cc-
     5) is amended by adding at the end the following new 
     subsection:
       ``(j) Permanent Demonstration Program.--
       ``(1) In general.--Notwithstanding subsection (e)(1) and 
     subject to paragraph (2), beginning on the date of enactment 
     of this subsection, the Secretary shall conduct the 
     demonstration program on a permanent basis.
       ``(2) Adjustments.--In conducting the demonstration program 
     on a permanent basis pursuant to paragraph (1), the preceding 
     provisions of this section shall apply except that, beginning 
     on the date of enactment of this subsection, the following 
     shall apply:
       ``(A) Notwithstanding paragraphs (1) and (5) of subsection 
     (e)--
       ``(i) there shall be no limit on the number of qualified 
     independence at home medical practices or applicable 
     beneficiaries that may participate in the demonstration 
     program; and
       ``(ii) participation of qualified independence at home 
     medical practices in the demonstration program shall not be 
     limited to practices that were selected to participate prior 
     to the date of enactment of this subsection.
       ``(B) In applying subsection (c), any applicable 
     beneficiary that participates in the demonstration program, 
     including by reason of the elimination under subparagraph (A) 
     of the limit on the number of applicable beneficiaries who 
     may participate, shall be taken into account in establishing 
     any--
       ``(i) estimated annual spending target under subsection 
     (c)(1); and
       ``(ii) incentive payment under subsection (c)(2).
       ``(3) Funding.--In addition to amounts otherwise available, 
     there is appropriated to the Centers for Medicare & Medicaid 
     Services Program Management Account for fiscal year 2022, out 
     of any money in the Treasury not otherwise appropriated, 
     $60,000,000, to remain available until September 30, 2031, 
     for purposes of administering and carrying out the 
     demonstration program, other than for payments for items and 
     services furnished under this title and incentive payments 
     under subsection (c).''.

                Subtitle C--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

[[Page H6484]]

       (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) In General.--Section 231(a) of the Trade Act of 1974 
     (19 U.S.C. 2291(a)) is amended--
       (1) by striking paragraph (2);
       (2) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (2), (3), and (4), respectively; and
       (3) in paragraph (4) (as redesignated), by striking 
     ``paragraphs (1) and (2)'' each place it appears and 
     inserting ``paragraph (1)''.
       (b) Conforming Amendments.--(1) 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)''.
       (2) Section 233(a) of the Trade Act of 1974 (19 U.S.C. 
     2293(a)) is amended--
       (A) in paragraph (1), by striking ``section 231(a)(3)(A)'' 
     and inserting ``section 231(a)(2)(A)''; and
       (B) 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).

     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. 2291-2294) 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

[[Page H6485]]

     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. 2295-2298) 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'';

[[Page H6486]]

       (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. REQUIREMENTS FOR CERTAIN TERRITORIES.

       Section 248 of the Trade Act of 1974 (19 U.S.C. 2320) is 
     amended by adding at the end the following:
       ``(c) Requirements for Certain Territories.--The Secretary 
     shall establish such requirements as may be necessary and 
     appropriate to modify the requirements of this chapter, 
     including requirements relating to eligibility for trade 
     readjustment allowances, to address the particular 
     circumstances of Guam, American Samoa, and the Commonwealth 
     of the Northern Mariana Islands in implementing and carrying 
     out this chapter.''.

     SEC. 133116. 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, or
       ``(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

[[Page H6487]]

       (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. 2341-2355) 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. 2371-2372) 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.
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Commerce.
       ``(6) 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 a history of economic distress and long-term 
     unemployment, as determined by the Secretary; 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

[[Page H6488]]

       ``(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 2025 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 
     2025 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.
       ``(g) Technical Assistance.--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. 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 2025, 
     the Secretary may make available not more than $50,000,000 to 
     award grants under section 274(a)(1).

     ``SEC. 276. 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 274(g) 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. 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)--

[[Page H6489]]

       (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, 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 
     ``2025''.
       (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 2025.''.
       (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 ``2025''.
       (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 
     ``2025''; 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 1 percent 
     for administration of the program (in addition to amounts 
     otherwise available for such purposes), technical assistance, 
     grants for 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 2025''.
       (3) Trade adjustment assistance for community colleges and 
     career training.--Subsection (a) of section 279A of the Trade 
     Act of 1974 (as redesignated) is amended by striking 
     ``$40,000,000'' and all that follows through ``December 31, 
     2010,'' and inserting ``$300,000,000 for each of the fiscal 
     years 2022 through 2025''.
       (4) 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 
     ``$10,000,000''; and
       (ii) by striking ``2021'' and inserting ``2025''; 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

[[Page H6490]]

     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 2025, 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 2025, 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 2025, out of any money in the Treasury not 
     otherwise appropriated, $300,000,000, to remain available for 
     obligation until September 30, 2026, 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.
       (B) Salaries and expenses.--Of the amounts appropriated 
     pursuant subparagraph (A) for each of fiscal years 2022 
     through 2025, 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 2025 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 2025, out of any money in the Treasury not 
     otherwise appropriated, $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 and as amended by subsection 
     (d)).
       (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 2022 
     through 2025, 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, grants for 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 2025, out of any money in 
     the Treasury not otherwise appropriated, $10,000,000, 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).

[[Page H6491]]

  


     SEC. 133503. SUNSET PROVISIONS.

       (a) Application of Prior Law.--Subject to subsection (b), 
     beginning on July 1, 2025, the provisions of chapters 2, 3, 
     5, and 6 of title II of the Trade Act of 1974 (19 U.S.C. 
     2271-2401g), as in effect on January 1, 2014, shall be in 
     effect and apply, except that in applying and administering 
     such chapters--
       (1) paragraph (1) of section 231(c) of that Act shall be 
     applied and administered as if subparagraphs (A), (B), and 
     (C) of that paragraph were not in effect;
       (2) section 233 of that Act shall be applied and 
     administered--
       (A) in subsection (a)--
       (i) in paragraph (2), by substituting ``104-week period'' 
     for ``104-week period'' and all that follows through ``130-
     week period)''; and
       (ii) in paragraph (3)--

       (I) in the matter preceding subparagraph (A), by 
     substituting ``65'' for ``52''; and
       (II) by substituting ``78-week period'' for ``52-week 
     period'' each place it appears; and

       (B) by applying and administering subsection (g) as if it 
     read as follows:
       ``(g) 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 leads to the completion of a degree or industry-
     recognized credential, payments may be made as trade 
     readjustment allowances for not more than 13 weeks within 
     such period of eligibility as the Secretary may prescribe to 
     account for a break in training or for justifiable cause that 
     follows the last week for which the worker is otherwise 
     entitled to a trade readjustment allowance under this chapter 
     if--
       ``(1) payment of the trade readjustment allowance for not 
     more than 13 weeks is necessary for the worker to complete 
     the training;
       ``(2) the worker participates in training in each such 
     week; and
       ``(3) the worker--
       ``(A) has substantially met the performance benchmarks 
     established as part of the training approved for the worker;
       ``(B) is expected to continue to make progress toward the 
     completion of the training; and
       ``(C) will complete the training during that period of 
     eligibility.'';
       (3) section 245(a) of that Act shall be applied and 
     administered by substituting ``June 30, 2025'' for ``December 
     31, 2007'';
       (4) section 246(b)(1) of that Act shall be applied and 
     administered by substituting ``June 30, 2025'' for ``the date 
     that is 5 years'' and all that follows through ``State'';
       (5) section 256(b) of that Act shall be applied and 
     administered by substituting ``the 1-year period beginning on 
     July 1, 2025'' for ``each of fiscal years 2003 through 2007, 
     and $4,000,000 for the 3-month period beginning on October 1, 
     2007'';
       (6) section 298(a) of that Act shall be applied and 
     administered by substituting ``the 1-year period beginning on 
     July 1, 2025'' for ``each of the fiscal years'' and all that 
     follows through ``October 1, 2007''; and
       (7) section 285 of that Act shall be applied and 
     administered--
       (A) in subsection (a), by substituting ``June 30, 2026'' 
     for ``December 31, 2007'' each place it appears; and
       (B) by applying and administering subsection (b) as if it 
     read as follows:
       ``(b) Other Assistance.--
       ``(1) Assistance for firms.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     assistance may not be provided under chapter 3 after June 30, 
     2026.
       ``(B) Exception.--Notwithstanding subparagraph (A), any 
     assistance approved under chapter 3 pursuant to a petition 
     filed under section 251 on or before June 30, 2026, may be 
     provided--
       ``(i) to the extent funds are available pursuant to such 
     chapter for such purpose; and
       ``(ii) to the extent the recipient of the assistance is 
     otherwise eligible to receive such assistance.
       ``(2) Farmers.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     assistance may not be provided under chapter 6 after June 30, 
     2026.
       ``(B) Exception.--Notwithstanding subparagraph (A), any 
     assistance approved under chapter 6 on or before June 30, 
     2026, may be provided--
       ``(i) to the extent funds are available pursuant to such 
     chapter for such purpose; and
       ``(ii) to the extent the recipient of the assistance is 
     otherwise eligible to receive such assistance.''.
       (b) Exceptions.--The provisions of chapters 2, 3, 5, and 6 
     of title II of the Trade Act of 1974, as in effect on the 
     date of the enactment of this Act, shall continue to apply on 
     and after July 1, 2025, with respect to--
       (1) workers certified as eligible for trade adjustment 
     assistance benefits under chapter 2 of title II of that Act 
     pursuant to petitions filed under section 221 of that Act 
     before July 1, 2025;
       (2) firms certified as eligible for technical assistance or 
     grants under chapter 3 of title II of that Act pursuant to 
     petitions filed under section 251 of that Act before July 1, 
     2025; and
       (3) agricultural commodity producers certified as eligible 
     for technical or financial assistance under chapter 6 of 
     title II of that Act pursuant to petitions filed under 
     section 292 of that Act before July 1, 2025.

            Subtitle D--Career Pathways and Social Services

       PART 1--PROVISIONS RELATING TO PATHWAYS TO HEALTH CAREERS

     SEC. 134101. PATHWAYS TO HEALTH CAREERS.

       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 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) 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.
       ``(4) A plan for providing post-employment support and 
     ongoing training as part of a career pathway under the 
     project.
       ``(5) 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.
       ``(6) A certification by the applicant that the project 
     development included--
       ``(A) consultation or commitment to consult with a local 
     workforce development board;
       ``(B) consideration of registered apprenticeship and pre-
     apprenticeship models;
       ``(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.
       ``(7) A description of the availability and relevance of 
     recent labor market information and other pertinent evidence 
     of in-demand jobs or worker shortages.
       ``(8) A certification that the applicant will directly 
     provide or contract for the training services described in 
     the application.
       ``(9) 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) Additional Application Element.--In considering 
     applications for a grant under this section, the Secretary 
     shall require qualified applicants to have at least 1 of the 
     following application elements--
       ``(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; 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 shall 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, 
     physician 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

[[Page H6492]]

     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 that have a high likelihood of success 
     and that are 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 that have submitted applications with a high 
     likelihood of success, the Secretary shall identify qualified 
     eligible applicants located elsewhere, that are otherwise 
     approved but un-funded, and issue a Substitution of Grant and 
     tailored technical assistance. In the preceding sentence, the 
     term `issue a Substitution of Grant' means, in a case in 
     which an approved grantee does not complete its full project 
     period, or in which there are fewer than 2 qualified grantees 
     per State with a high likelihood of success, substitute an 
     applicant located in another State that was approved but un-
     funded during the competition for the award for the award 
     recipient.
       ``(B) Guarantee of grants for indian populations.--The 
     Secretary shall award a grant under this paragraph to at 
     least 10 eligible entities that are an Indian tribe, an 
     Alaska Native Corporation, 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.--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) 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.
       ``(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, certification exam fees, and training 
     materials such as books, software, uniforms, shoes, 
     connection to the internet, 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), 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, Alaska Native Corporations, 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 
     applicants, eligible entities, and grantees, in carrying out 
     dedicated career pathway projects pursuant to subsections (h) 
     and (i); 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 Dedicated Career Pathways.--
       ``(1) In general.--The Secretary shall, by grant, contract, 
     or interagency agreement, conduct rigorous and well-designed 
     evaluations of the dedicated career pathway projects carried 
     out pursuant to subsections (h) and (i).
       ``(2) Requirement applicable to second chance career 
     pathway.--In the case of a project of the type described in 
     subsection (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 maternal mortality career 
     pathway.--In the case of a project of the type described in 
     subsection (h), 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.
       ``(g) Reports.--As a condition of funding, 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.
       ``(h) Maternal Mortality Career Pathway.--
       ``(1) Grant authority.--The Secretary shall award grants in 
     accordance with this subsection to eligible entities to 
     conduct career pathway projects for the purpose of providing 
     education for professions such as doulas, lactation 
     consultants, childbirth educators, infant massage therapists, 
     newborn care specialists, midwives, and other community 
     health worker professions, for individuals to enter and 
     follow a dedicated career pathway in the field of pregnancy, 
     childbirth, or post-partum services in a State that 
     recognizes doulas or midwives as health care providers and 
     that provides payment for services provided by doulas or 
     midwives, as the case may be, under the State plan approved 
     under title XIX.
       ``(2) Duration.--A grant awarded under this subsection 
     shall have the same grant cycle as is provided in subsection 
     (c)(2), and as a condition of funding the grantee shall 
     comply with all data reporting requirements associated with 
     the grant cycle.

[[Page H6493]]

       ``(3) Application requirements.--An entity seeking a grant 
     under this subsection for a project shall submit to the 
     Secretary an application for the grant, that includes the 
     following:
       ``(A) A description of the partnerships, strategic staff 
     hiring decisions, tailored program activities, or other 
     programmatic elements of the project that are designed to 
     support a strong career pathway in pregnancy, birth, or post-
     partum services.
       ``(B) A demonstration that the State in which the project 
     is to be conducted recognizes and permits doulas and midwives 
     to practice in the State.
       ``(C) 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 that has the 
     experience.
       ``(4) Support to be provided.--The recipient of a grant 
     under this subsection for a project shall provide required 
     supportive services described in subsection (d)(2)(A) to 
     project participants who need the services, and may expend 
     the funding on eligible supportive services described in 
     subsection (d)(2)(B).
       ``(i) Second Chance Career Pathway.--
       ``(1) Grant authority.--The Secretary shall award grants in 
     accordance with this subsection to eligible entities to 
     conduct career pathway projects for the purpose of providing 
     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 are expected 
     to experience a labor shortage or be in high demand.
       ``(2) Duration.--A grant awarded under this subsection 
     shall have the same grant cycle as is provided in subsection 
     (c)(2), and as a condition of funding the grantee shall 
     comply with all data reporting requirements associated with 
     the grant cycle.
       ``(3) Application requirements.--An entity seeking a grant 
     under this subsection for a project shall submit to the 
     Secretary an application for the grant, that includes the 
     following:
       ``(A) A demonstration that the State in which the 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 and other opportunities to demonstrate 
     rehabilitation to obtain licensure and approval to work in 
     the proposed health careers), and a plan described in the 
     application which will use a legally permitted career pathway 
     to train people with such a record to be trained and employed 
     in such a career.
       ``(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) 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 that has the 
     experience.
       ``(D) An identification of promising innovations or best 
     practices that can be used to provide the training.
       ``(E) 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 
     criminal records can be hired.
       ``(F) A plan for recruiting students who are eligible 
     individuals into the project.
       ``(G) A plan for providing post-employment support and 
     ongoing training as part of a career pathway under the 
     project.
       ``(4) Support to be provided.--
       ``(A) Required support.--A recipient of a grant under this 
     subsection for a project shall provide--
       ``(i) access to legal assistance for project participants 
     for the purpose of addressing arrest or conviction records 
     and associated workforce barriers;
       ``(ii) assistance with programs and activities deemed 
     necessary to address arrest or conviction records as an 
     employment barrier;
       ``(iii) required supportive services described in 
     subsection (d)(2)(A) to participants who need the services, 
     and may expend funds on eligible supportive services 
     described in subsection (d)(2)(B).
       ``(j) Definitions.--In this section:
       ``(1) Alaska native corporation.--The term `Alaska Native 
     Corporation' has the meaning given the term in section 3(m) 
     of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1602(m)).
       ``(2) Allied health profession.--The term `allied health 
     profession' has the meaning given the term in section 799B(5) 
     of the Public Health Service Act.
       ``(3) Career pathway.--The term `career pathway' has the 
     meaning given the term in section 3(7) of the Workforce 
     Innovation and Opportunity Act.
       ``(4) 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.
       ``(5) 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, an Alaska Native Corporation, 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 project of the type provided for in 
     subsection (h) of this section, an entity recognized by a 
     State, an Indian tribe, an Alaska Native Corporation, or a 
     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.
       ``(6) Eligible individual.--The term `eligible individual' 
     means an individual whose family income does not exceed 200 
     percent of the Federal poverty level.
       ``(7) 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).
       ``(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.
       ``(11) Tribal organization.--The term `tribal organization' 
     means the recognized governing body of any Indian tribe; any 
     legally established organization of Indians which is 
     controlled, sanctioned, or chartered by such governing body 
     or which is democratically elected by the adult members of 
     the Indian community to be served by such organization and 
     which includes the maximum participation of Indians in all 
     phases of its activities.
       ``(k) Funding.--In addition to amounts otherwise available, 
     there is appropriated to the Secretary, out of any money in 
     the Treasury not otherwise appropriated--
       ``(1) for grants under subsection (c)(1)(A)--
       ``(A) $318,750,000 for fiscal year 2022; and
       ``(B) $338,108,438 for each of fiscal years 2023 through 
     2026;
       ``(2) for grants under subsection (c)(1)(B)--
       ``(A) $17,000,000 for fiscal year 2022; and
       ``(B) $18,027,650 for each of fiscal years 2023 through 
     2026;
       ``(3) for grants under subsection (c)(1)(C)--
       ``(A) $21,250,000 for fiscal year 2022; and
       ``(B) $22,534,563 for each of fiscal years 2023 through 
     2026;
       ``(4) for projects conducted under subsections (h) and (i), 
     $27,041,475 for each of fiscal years 2023 through 2026;
       ``(5) for the provision of technical assistance and 
     administration--
       ``(A) for fiscal year 2022, $25,500,000 plus all amounts 
     referred to in paragraphs (1) through (3) of this subsection 
     that remain unused after all grant awards are made for the 
     fiscal year; and
       ``(B) for each of fiscal years 2023 through 2026, 
     $27,041,475 plus all amounts referred to in paragraphs (1) 
     through (4) of this subsection that remain unused after all 
     grant awards are made for the fiscal year; and
       ``(6) for studying the effects of the projects for which a 
     grant is made under this section, and for administration, for 
     the purpose of supporting the rigorous evaluation of the 
     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 
     projects--
       ``(A) $17,000,000 for fiscal year 2022; and
       ``(B) $18,027,650 for each of fiscal years 2023 through 
     2026.''.

              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, in addition to amounts otherwise 
     available, there is appropriated to the Secretary for each of 
     fiscal years 2023 through 2026--
       ``(1) $415,696,400 for grants under subsection (b)(1); and
       ``(2) $8,483,600 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

[[Page H6494]]

     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;
       ``(F) an intermediate care facility, as defined in section 
     1905(d); or
       ``(G) 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, in addition to amounts otherwise 
     available, there are appropriated to the Secretary $8,483,600 
     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, in addition to amounts otherwise 
     available, there are appropriated to the Secretary for each 
     of fiscal years 2023 through 2025--
       ``(A) $415,696,400 for grants to States under this 
     subsection; and
       ``(B) $8,483,600 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, in addition to amounts otherwise 
     available, there are appropriated to the Secretary 
     $79,533,750 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

[[Page H6495]]

     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, in addition to amounts otherwise 
     available, there are appropriated to the Secretary to carry 
     out this subsection--
       ``(A) $23,860,125 for fiscal year 2023; and
       ``(B) $31,813,500 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, in addition to amounts otherwise 
     available, there are appropriated to the Secretary 
     $31,813,500 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, in addition to amounts otherwise 
     available, there are appropriated to the Secretary 
     $530,225,000 for fiscal year 2023, 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, in addition to amounts otherwise 
     available, there are appropriated to the Secretary 
     $265,112,500 for fiscal year 2023, 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, in addition to amounts otherwise available, 
     there are appropriated to the Secretary of Health and Human 
     Services $5,302,250 for each of fiscal years 2023 through 
     2026 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 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.

     Subtitle E--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--LOW INCOME HOUSING CREDIT

     SEC. 135101. 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 after 
     2021.--
       ``(i) In general.--In the case of calendar years 2022 
     through 2025, the dollar amounts under subclauses (I) and 
     (II) of subparagraph (C)(ii) for any such calendar year shall 
     be determined in accordance with the following table:


------------------------------------------------------------------------
                                                     The
                                                  subclause      The
         ``In the case of calendar year:             (I)      subclause
                                                    amount   (II) amount
                                                  shall be:   shall be:
------------------------------------------------------------------------
2022............................................      $3.14   $3,629,096

[[Page H6496]]

 
2023............................................      $3.54   $4,081,825
2024............................................      $3.97   $4,582,053
2025............................................      $2.65   $3,120,000
------------------------------------------------------------------------

       ``(ii) Inflation adjustment after 2025.--In the case of 
     calendar years after 2025, 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 2024' 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. 135102. TAX-EXEMPT BOND FINANCING REQUIREMENT.

       (a) In General.--Section 42(h)(4)(B) is amended to read as 
     follows:
       ``(B) Special rule where a required percent of buildings is 
     financed with tax-exempt bonds subject to volume cap.--For 
     purposes of subparagraph (A), paragraph (1) shall not apply 
     to any portion of the credit allowable under subsection (a) 
     with respect to a building if--
       ``(i) 50 percent or more of the aggregate basis of any such 
     building and the land on which the building is located is 
     financed by any obligation described in subparagraph (A), or
       ``(ii) 25 percent or more of the aggregate basis of such 
     building and the land on which the building is located is 
     financed by any obligation described in subparagraph (A) and 
     issued in calendar year 2022, 2023, 2024, 2025, or 2026.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to any building some portion of which, or of the 
     land on which the building is located, is financed by an 
     obligation which is described in section 42(h)(4)(A) and 
     which is part of an issue the issue date of which is after 
     December 31, 2021.

     SEC. 135103. 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 92 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) Exception.--A building shall not be treated as 
     described in subparagraph (B) if such building is a part of a 
     qualified low-income housing project elected by the taxpayer 
     to meet the requirements of subsection (f)(1)(C).
       ``(D) 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.''.
       (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 13 
     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 8 percent of the private activity bond volume 
     cap as described in section 146(d)(1) to buildings to which 
     clause (i) applies.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to allocations of housing credit dollar amount 
     after December 31, 2021, and to buildings that are described 
     in section 42(h)(4)(B) taking into account only obligations 
     that are part of an issue the issue date of which is after 
     December 31, 2021.

     SEC. 135104. 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 135403, 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), and which received 
     before January 1, 2022, under the rules of paragraphs (1) and 
     (2) of subsection (m), a determination from the issuer of the 
     tax-exempt bonds or the housing credit agency that the 
     building would be eligible under the qualified allocation 
     plan to receive an allocation of housing credit dollar amount 
     or that the credits to be earned are necessary for financial 
     feasibility of the project and its viability as a qualified 
     low-income housing project throughout the credit period.''.

       (b) Rules Relating to Existing Projects.--Subparagraph (F) 
     of section 42(h)(7), as redesignated by section 135403, 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 135403, 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 Dates.--
       (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 135403 and 
     subsection (c), is submitted after the date of the enactment 
     of this Act.

     SEC. 135105. 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.--
       (A) In general.--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''.
       (B) Application to S corporations and other pass-through 
     entities.--Subparagraph (A) of section 42(i)(7) is amended by 
     adding at the end the following: ``Except as 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.''
       (C) Conforming amendment.--Subparagraph (B) of section 
     42(i)(7) is amended by adding at the end the following: ``In 
     the case of a purchase of all of the partnership interests, 
     the minimum purchase price under this subparagraph shall be 
     an amount not less than the sum of the interests' shares of 
     the amount which would be determined with respect to the 
     property under this subparagraph without regard to this 
     sentence.''.
       (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

[[Page H6497]]

     whether an option, including a right of first refusal, to 
     purchase property or all of the 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 all of the 
     partnership interests, including an offer by a related 
     party.''.
       (c) Other Conforming Amendment.--Subparagraph (B) of 
     section 42(i)(7), as amended by subsection (b), is amended by 
     striking ``the sum of'' and all that follows through 
     ``application of clause (ii).'' and inserting the following: 
     ``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).''.
       (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.

               PART 2--NEIGHBORHOOD HOMES INVESTMENT ACT

     SEC. 135201. 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.

[[Page H6498]]

       ``(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 $3 ($6 in the case of calendar year 
     2025), multiplied by the State population (determined in 
     accordance with section 146(j)), or
       ``(II) $4,000,000 ($8,000,000 in the case of calendar year 
     2025), 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) Termination of additional amounts.--The amount 
     determined under subparagraph (A)(i) shall be zero with 
     respect to any calendar year beginning after December 31, 
     2025.
       ``(C) 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

[[Page H6499]]

       ``(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 3--INVESTMENTS IN TRIBAL INFRASTRUCTURE

     SEC. 135301. 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)), and
       ``(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. 135302. NEW MARKETS TAX CREDIT FOR TRIBAL STATISTICAL 
                   AREAS.

       (a) Additional Allocations for Tribal Statistical Areas.--
     Section 45D(f) is amended by adding at the end the following 
     new paragraph:

[[Page H6500]]

       ``(5) Additional allocations for tribal statistical 
     areas.--
       ``(A) In general.--In the case of calendar years 2022 
     through 2025, 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, except that no such 
     increase shall be made for any calendar year after 2030.
       ``(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) Coordination With Existing Carryover.--Section 
     45D(f)(3) is amended--
       (1) is amended by inserting ``under paragraph (1)'' after 
     ``new markets tax credit limitation'', and
       (2) by striking ``the aggregate amount allocated'' and 
     inserting ``the amount of such limitation allocated by the 
     Secretary''.
       (d) 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.''.
       (e) 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. 135303. 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) 
     is amended by inserting ``, or any Indian area'' before the 
     period at the end.
       (b) Indian Area.--Clause (iii) of section 42(d)(5)(B) is 
     amended by redesignating subclause (II) as subclause (IV) and 
     by inserting after subclause (I) the following new 
     subclauses:

       ``(II) 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))).
       ``(III) 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 4--OTHER PROVISIONS

     SEC. 135401. 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

[[Page H6501]]

     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 a single employer 
     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 `$142,800' 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 (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 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. 135402. TAX TREATMENT OF CERTAIN ASSISTANCE TO FARMERS, 
                   ETC.

       (a) In General.--For purposes of the Internal Revenue Code 
     of 1986, in the case of any payment described in section 
     1005(b) or 1006(e) of the American Rescue Plan Act of 2021 
     (as amended by this Act)--
       (1) such payment shall not be included in the gross income 
     of the person on whose behalf, or to whom, such payment is 
     made,
       (2) no deduction shall be denied, no tax attribute shall be 
     reduced, and no basis increase shall be denied, by reason of 
     the exclusion from gross income provided by paragraph (1), 
     and
       (3) in the case of a partnership or S corporation on whose 
     behalf, or to whom, such a payment is made--
       (A) any amount excluded from income by reason of paragraph 
     (1) shall be treated as tax exempt income for purposes of 
     sections 705 and 1366 of such Code, and
       (B) except as provided by the Secretary of the Treasury (or 
     the Secretary's delegate), any increase in the adjusted basis 
     of a partner's interest in a partnership under section 705 of 
     such Code with respect to any amount described in 
     subparagraph (A) shall equal the partner's distributive share 
     of deductions resulting from interest that is part of such 
     payment and the partner's share, as determined under section 
     752 of such Code, of principal that is part of such payment.
       (b) Authority to Waive Certain Information Reporting 
     Requirements.--The Secretary of the Treasury (or the 
     Secretary's delegate) may provide an exception from any 
     requirement to file an information return otherwise required 
     by chapter 61 of the Internal Revenue Code of 1986 with 
     respect to any amount excluded from gross income by reason of 
     subsection (a).

     SEC. 135403. 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) a State, or a political subdivision or 
     instrumentality thereof,
       ``(B) a joint powers authority, or
       ``(C) an entity created under State law to ensure the 
     availability of an adequate market of last resort for 
     essential property insurance, over which a State agency or 
     State department of insurance has regulatory oversight.
       ``(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.

                        Subtitle F--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, 2027'':
       (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) Base Credit Amount.--Section 45 is amended by striking 
     ``1.5 cents'' each place it appears and inserting ``0.3 
     cents''.
       (c) 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, 2027.''.
       (d) 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, 
     2027''.
       (e) Application of Extension to Wind Facilities.--
       (1) In general.--Section 45(d)(1) is amended by striking 
     ``January 1, 2022'' and inserting ``January 1, 2027''.
       (2) Application of phaseout percentage.--

[[Page H6502]]

       (A) Renewable electricity production credit.--Section 
     45(b)(5) 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) 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.''.
       (f) Wage and Apprenticeship Requirements.--Section 45(b) is 
     amended by adding at the end the following new paragraphs:
       ``(6) Increased credit amount for qualified facilities.--
       ``(A) In general.--In the case of any qualified facility 
     which satisfies the requirements of subparagraph (B), the 
     amount of the credit determined under subsection (a) 
     (determined after the application of paragraphs (1) through 
     (5)) shall be equal to such amount multiplied by 5 
     (determined without regard to this sentence).
       ``(B) Qualified facility requirements.--A qualified 
     facility meets the requirements of this subparagraph if it is 
     one of the following:
       ``(i) A facility with a maximum net output of less than 1 
     megawatt.
       ``(ii) A facility the construction of which begins prior to 
     the date that is 60 days after the Secretary publishes 
     guidance with respect to the requirements of paragraphs (7) 
     and (8).
       ``(iii) A facility which satisfies the requirements of 
     paragraphs (7) and (8).
       ``(7) 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 period of the taxable year which is within 
     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. For purposes of 
     determining an increased credit amount under paragraph (6)(A) 
     for a taxable year, the requirement under clause (ii) is 
     applied to such taxable year in which the alteration or 
     repair of the qualified facility occurs.''
       ``(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--
       ``(AA) 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
       ``(bb) interest on the amount determined under item (aa) at 
     the underpayment rate established under section 6621 
     (determined by substituting `6 percentage points' for `3 
     percentage points' in subsection (a)(2) of such section) 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) Deficiency procedures not to apply.--Subchapter B of 
     chapter 63 (relating to deficiency procedures for income, 
     estate, gift, and certain excise taxes) shall not apply with 
     respect to the assessment or collection of any penalty 
     imposed by this paragraph.
       ``(iii) Intentional disregard.--If the Secretary determines 
     that any failure described in subclause (i) is due to 
     intentional disregard of the requirements under subparagraph 
     (A), subclause (I) shall be applied by substituting `three 
     times the sum' for `the sum' in item (aa) thereof and 
     subclause (II) shall be applied by substituting `$10,000' for 
     `5,000' in item (aa) thereof.
       ``(iv) Limitation on period for payment.--Pursuant to rules 
     issued by the Secretary which are similar to the rules under 
     chapter 63, in the case of a final determination by the 
     Secretary with respect to any failure by the taxpayer to 
     satisfy the requirement under subparagraph (A), subparagraph 
     (B)(i) shall not apply unless the payments described in 
     subclauses (I) and (II) of such clause are made by the 
     taxpayer on or before the date which is 180 days after the 
     date of such determination.
       ``(8) 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.--Taxpayers shall 
     ensure that not less than the applicable percentage of the 
     total labor hours of the construction, alteration, or repair 
     work (including such work performed by any contractor or 
     subcontractor) on any qualified facility shall, subject to 
     subparagraph (B), be performed by qualified apprentices.
       ``(ii) Applicable percentage.--For purposes of clause (i), 
     the applicable percentage shall be--

       ``(I) in the case of a qualified facility the construction 
     of which begins before January 1, 2023, 10 percent,
       ``(II) in the case of a qualified facility the construction 
     of which begins after December 31, 2022, and before January 
     1, 2024, 12.5 percent, and
       ``(III) in the case of a qualified 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 a qualified facility shall 
     employ 1 or more qualified apprentices to perform such work.
       ``(D) Exception.--
       ``(i) In general.--A taxpayer shall not be treated as 
     failing to satisfy the requirements of this paragraph if such 
     taxpayer--

       ``(I) makes a good faith effort to comply with the 
     requirements of this paragraph, or
       ``(II) subject to clause (iii), in the case of any failure 
     by the taxpayer to satisfy the requirement under 
     subparagraphs (A) and (C) with respect to the construction, 
     alteration, or repair work on any qualified facility to which 
     subclause (I) does not apply, makes payment to the Secretary 
     of a penalty in an amount equal to the product of--

       ``(aa) $50, multiplied by
       ``(bb) the total labor hours for which the requirement 
     described in such subparagraph was not satisfied with respect 
     to the construction, alteration, or repair work on such 
     qualified facility.
       ``(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 a qualified facility if 
     such taxpayer has requested qualified apprentices from a 
     registered apprenticeship program, as defined in section 
     3131(e)(3)(B), and--

       ``(I) 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 qualified facility to 
     comply with the established standards and requirements of the 
     registered apprenticeship program, or
       ``(II) the registered apprenticeship program fails to 
     respond to such request within 5 business days after the date 
     on which such registered apprenticeship program received such 
     request.

       ``(iii) Intentional disregard.--If the Secretary determines 
     that any failure described in subclause (i)(II) is due to 
     intentional disregard of the requirements under subparagraphs 
     (A) and (C), subclause (i)(II) shall be applied by 
     substituting `$500' for `$50' in item (aa) thereof.
       ``(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 taxpayer (including construction, 
     alteration, or repair work by any 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).
       ``(9) 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 
     (8)) shall be increased by an amount equal to 10 percent of 
     the amount otherwise in effect under such subsection.
       ``(B) Requirement.--
       ``(i) In general.--The requirement described in this 
     subclause with respect to any qualified 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 
     any steel, iron, or manufactured product which is a component 
     of such facility (upon completion of construction) was 
     produced in the United States.
       ``(ii) Steel and iron.--

       ``(I) In general.--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.
       ``(II) Exception.--Subclause (I) shall not apply with 
     respect to any steel or iron which is used as a component or 
     subcomponent of a manufactured product which is not primarily 
     made of steel or iron.

       ``(iii) Manufactured product.--For purposes of clause (i), 
     the manufactured products which are components of a qualified 
     facility upon completion of construction shall be deemed to 
     have been produced in the United States if not less than the 
     adjusted percentage of the total costs across all such 
     manufactured products of such facility are attributable to 
     manufactured products (including components) which

[[Page H6503]]

     are mined, produced, or manufactured in the United States.
       ``(C) Adjusted percentage.--
       ``(i) In general.--Subject to subclause (ii), for purposes 
     of subparagraph (B)(iii), the adjusted percentage shall be--

       ``(I) in the case of a facility the construction of which 
     begins before January 1, 2025, 40 percent,
       ``(II) in the case of a facility the construction of which 
     begins after December 31, 2024, and before January 1, 2026, 
     45 percent,
       ``(III) in the case of a facility the construction of which 
     begins after December 31, 2025, and before January 1, 2027, 
     50 percent, and
       ``(IV) in the case of a facility the construction of which 
     begins after December 31, 2026, 55 percent.

       ``(ii) Offshore wind facility.--For purposes of 
     subparagraph (B)(iii), in the case of a qualified facility 
     which is an offshore wind facility, the adjusted percentage 
     shall be--

       ``(I) in the case of a facility the construction of which 
     begins before January 1, 2025, 20 percent,
       ``(II) in the case of a facility the construction of which 
     begins after December 31, 2024, and before January 1, 2026, 
     27.5 percent,
       ``(III) in the case of a facility the construction of which 
     begins after December 31, 2025, and before January 1, 2027, 
     35 percent,
       ``(IV) in the case of a facility the construction of which 
     begins after December 31, 2026, and before January 1, 2028, 
     45 percent, and
       ``(V) in the case of a facility the construction of which 
     begins after December 31, 2027, 55 percent.

       ``(10) Phaseout for elective payment.--
       ``(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 (9) 
     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.--
       ``(i) In general.--For purposes of this paragraph, the 
     Secretary shall provide appropriate exceptions to the 
     requirements under subparagraph (B) for the construction of 
     qualified facilities if--

       ``(I) the inclusion of domestic products increases the 
     overall costs of construction of qualified facilities by more 
     than 25 percent, or
       ``(II) relevant domestic products are not produced in the 
     United States in sufficient and reasonably available 
     quantities or of a satisfactory quality.

       ``(ii) Applicable percentage.--In any case in which the 
     Secretary provides an exception pursuant to clause (i), the 
     applicable percentage shall be 100 percent.
       ``(11) Special rule for qualified facility located in 
     energy community.--
       ``(A) In general.--In the case of a qualified facility 
     which is located in an energy community, the credit 
     determined under subsection (a) shall be increased by an 
     amount equal to 10 percent of the amount otherwise in effect 
     under such subsection (without application of subsection 
     (b)(9)).
       ``(B) Energy community.--The term `energy community' means 
     a census tract or any directly adjoining census tract in 
     which--
       ``(i) after December 31, 1999, a coal mine has closed, or
       ``(ii) after December 31, 2009, a coal-fired electric 
     generating unit has been retired.
       ``(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, including regulations or other guidance 
     which provides for requirements for recordkeeping or 
     information reporting for purposes of establishing the 
     requirements of this subsection.''.
       (g) Credit Reduced for Tax-exempt Bonds.--Section 45(b)(3) 
     is amended to read as follows:
       ``(3) Credit reduced for tax-exempt bonds.--The amount of 
     the credit determined under subsection (a) with respect to 
     any facility for any taxable year (determined after the 
     application of paragraphs (1) and (2)) shall be reduced by 
     the amount which is the product of the amount so determined 
     for such year and the lesser of 15 percent or a fraction--
       ``(A) the numerator of which is the sum, for the taxable 
     year and all prior taxable years, of proceeds of an issue of 
     any obligations used to provide financing for the qualified 
     facility the interest on which is exempt from tax under 
     section 103, and
       ``(B) the denominator of which is the aggregate amount of 
     additions to the capital account for the qualified facility 
     for the taxable year and all prior taxable years.
     The amounts under the preceding sentence for any taxable year 
     shall be determined as of the close of the taxable year.''.
       (h) Rounding Adjustment.--Section 45(b)(2) is amended by 
     striking ``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'' and inserting 
     ``If the 0.3 cent amount as increased under the preceding 
     sentence is not a multiple of 0.05 cent, such amount shall be 
     rounded to the nearest multiple of 0.05 cent. In any other 
     case, if an amount as increased under this paragraph is not a 
     multiple of 0.1 cent, such amount shall be rounded to the 
     nearest multiple of 0.1 cent''.
       (i) Conforming Amendment.--Section 45(b)(4)(A) is amended 
     by striking ``last sentence'' and inserting ``last two 
     sentences''.
       (j) Effective Dates.--
       (1) The amendments made by subsections (a), (b), (c), (d), 
     (e), (f), (h), and (i) of this section shall apply to 
     facilities placed in service after December 31, 2021.
       (2) The amendment made by subsection (g) shall apply to 
     facilities the construction of which begins 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, 2027'':
       (1) Subsection (a)(2)(A)(i)(II).
       (2) Subsection (a)(3)(A)(ii).
       (3) Subsection (c)(1)(D).
       (4) Subsection (c)(2)(D).
       (5) Subsection (c)(4)(C).
       (b) Further Extension for Certain Energy Property.--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)(vii).
       (2) Subsection (c)(3)(A)(iv).
       (c) Phaseout of Credit.--Section 48(a) is amended by 
     striking paragraphs (6) and (7) and inserting the following 
     new paragraph:
       ``(6) Phaseout for certain energy property.--In the case of 
     any qualified fuel cell property, qualified small wind 
     property, or energy property described in clause (i) or 
     clause (ii) of paragraph (3)(A) the construction of which 
     begins after December 31, 2019 and which is placed in service 
     before January 1, 2022, the energy percentage determined 
     under paragraph (2) shall be equal to 26 percent.''.
       (d) Base Energy Percentage Amount.--Section 48(a) is 
     amended--
       (1) in paragraph (2)(A)--
       (A) in clause (i), by striking ``30 percent'' and inserting 
     ``6 percent'', and
       (B) in clause (ii), by striking ``10 percent'' and 
     inserting ``2 percent'', and
       (2) in paragraph (5)(A)(ii), by striking ``30 percent'' and 
     inserting ``6 percent''.
       (e) 6 Percent Credit for Geothermal.--Section 
     48(a)(2)(A)(i)(II) is amended by striking ``paragraph 
     (3)(A)(i)'' and inserting ``clause (i) or (iii) of paragraph 
     (3)(A)''.
       (f) 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:
       ``(ix) energy storage technology,
       ``(x) qualified biogas property, or
       ``(xi) microgrid controllers,''.
       (2) Application of 6 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,
       ``(VIII) microgrid controllers, and
       ``(IX) energy property described in clauses (v) and (vii) 
     of paragraph (3)(A), and''.

       (3) 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 property (other than property primarily used in the 
     transportation of goods or individuals and not for the 
     production of electricity) which receives, stores, and 
     delivers energy for conversion to electricity (or, in the 
     case of hydrogen, which stores energy), and has a nameplate 
     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 
     and is modified such that such equipment (after such 
     modification) has a nameplate 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 nameplate 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, 2027.
       ``(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 by 
     volume, or

[[Page H6504]]

       ``(II) is concentrated by such system into a gas which 
     consists of not less than 52 percent methane, and

       ``(ii) captures such gas for sale or productive use, and 
     not for disposal via combustion.
       ``(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, 2027.
       ``(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.
       ``(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, 2027.''.
       (4) 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.''.
       (5) Extension of waste energy recovery property.--Section 
     48(c)(5)(D) is amended by striking ``January 1, 2024'' and 
     inserting ``January 1, 2034''.
       (6) Phaseout of certain other energy property.--Section 
     48(a) is amended by adding at the end the following new 
     paragraph:
       ``(7) Phaseout for certain other energy property.--In the 
     case of any energy property described in clause (v), (vii) or 
     (viii) of paragraph (3)(A), the energy percentage determined 
     under paragraph (2) shall be equal to--
       ``(A) in the case of any property described in paragraph 
     (3)(A)(viii) the construction of which begins after December 
     31, 2019, and which is placed in service before January 1, 
     2022, 26 percent,
       ``(B) 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, 6 percent,
       ``(C) in the case of any property the construction of which 
     begins after December 31, 2031 and before January 1, 2033, 
     5.2 percent, and
       ``(D) in the case of any property the construction of which 
     begins after December 31, 2032 and before January 1, 2034, 
     4.4 percent.''.
       (g) 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 kilowatt 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.''.
       (h) 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''.
       (i) 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.''.
       (j) Interconnection Property.--Section 48(a) is amended by 
     adding at the end the following new paragraph:
       ``(8) Interconnection property.--
       ``(A) In general.--For purposes of determining the credit 
     under subsection (a), energy property shall include amounts 
     paid or incurred by the taxpayer for qualified 
     interconnection property in connection with the installation 
     of energy property (described in paragraph (3)(A)) which has 
     a maximum net output of not greater than 5 megawatts, 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) Qualified interconnection property.--The term 
     `qualified interconnection property' means, with respect to 
     an energy project which is not a microgrid controller, 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 energy project 
     interconnects to such transmission or distribution system in 
     order to accommodate such interconnection,
       ``(ii) either--

       ``(I) which is constructed, reconstructed, or erected by 
     the taxpayer, or
       ``(II) 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 a utility.
       ``(C) Interconnection agreement.--The term `interconnection 
     agreement' means an agreement with a utility for the purposes 
     of interconnecting the energy property owned by such taxpayer 
     to the transmission or distribution system of such utility.
       ``(D) Utility.--The term `utility' means the owner or 
     operator of an electrical transmission or distribution system 
     which is subject to the regulatory authority of 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.
       ``(E) 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).''.
       (k) Wage and Apprenticeship Requirements.--Section 48(a) is 
     amended by adding at the end the following new paragraphs:
       ``(9) Increased credit amount for energy projects.--
       ``(A) In general.--
       ``(i) Rule.--In the case of any energy project which 
     satisfies the requirements of subparagraph (B), the amount of 
     the credit determined under this subsection (determined after 
     the application of paragraphs (1) through (8) shall be equal 
     to such amount multiplied by 5 (determined without regard to 
     this sentence).
       ``(ii) Energy project defined.--For purposes of this 
     subsection the term `energy project' means a project 
     consisting of one or more energy properties that are part of 
     a single project. The requirements of this paragraph shall be 
     applied to such project.
       ``(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 of electrical or thermal energy.
       ``(ii) A project the construction of which begins before 
     the date that is 60 days after the Secretary publishes 
     guidance with respect to the requirements of paragraphs (10) 
     and (11).
       ``(iii) A project which satisfies the requirements of 
     paragraphs (10) and (11).
       ``(10) 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 the five-year period beginning on the date such 
     project is originally placed in service, the alteration or 
     repair of such project,
     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 clauses (i) 
     through (iv) of section 45(b)(7)(B) shall apply.
       ``(C) Recapture.--The Secretary shall, by regulations or 
     other guidance, provide for recapturing the benefit of any 
     increase in the credit allowed under this subsection by 
     reason of this paragraph with respect to any project which 
     does not satisfy the requirements under subparagraph (A) 
     (after application of subparagraph (B)) for the period 
     described in clause (ii) of subparagraph (A) (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).
       ``(11) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.
       ``(12) Domestic content bonus credit amount.--
       ``(A) In general.--In the case of any energy project which 
     satisfies the requirement under subparagraph (B), for 
     purposes of applying paragraph (2) with respect to such 
     property, the energy percentage shall be increased by the 
     applicable credit rate increase.
       ``(B) Requirement.--Rules similar to the rules of section 
     45(b)(9)(B) shall apply.
       ``(C) Applicable credit rate increase.--For purposes of 
     subparagraph (A), the applicable credit rate increase shall 
     be--
       ``(i) in the case of an energy project that does not 
     satisfy the requirements of paragraph (9)(B), 2 percentage 
     points, and
       ``(ii) in the case of an energy project that satisfies the 
     requirements of paragraph (9)(B), 10 percentage points.
       ``(13) Phaseout for elective payment.--Rules similar to the 
     rules of section 45(b)(10) shall apply.

[[Page H6505]]

       ``(14) 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, including regulations or other guidance 
     which provides for requirements for recordkeeping or 
     information reporting for purposes of establishing the 
     requirements of this subsection.''.
       (l) Special Rule for Property Financed by Tax-exempt 
     Bonds.--Section 48(a)(4) is amended to read as follows:
       ``(4) Special rule for property financed by tax-exempt 
     bonds.--Rules similar to the rule under section 45(b)(3) 
     shall apply for purposes of this section.''.
       (m) Treatment of Certain Contracts Involving Energy 
     Storage.--Section 7701(e) is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (A)(i), by striking ``or'' at the end 
     of subclause (II), by striking ``and'' at the end of 
     subclause (III) and inserting ``or'', and by adding at the 
     end the following new subclause:

       ``(IV) the operation of a storage facility, and'', and

       (B) by adding at the end the following new subparagraph:
       ``(F) Storage facility.--For purposes of subparagraph (A), 
     the term `storage facility' means a facility which uses 
     energy storage technology within the meaning of section 
     48(c)(6).'', and
       (2) in paragraph (4), by striking ``or water treatment 
     works facility'' and inserting ``water treatment facility, or 
     storage facility''.
       (n) Increase in Credit Rate for Energy Communities.--
     Section 48(a) is amended by adding at the end the following 
     new paragraph:
       ``(15) Increase in credit rate for energy communities.--
       ``(A) In general.--In the case of any energy project that 
     is placed in service within an energy community (as defined 
     in section 45(b)(11)(B)), for purposes of applying paragraph 
     (2) with respect to such property, the energy percentage 
     shall be increased by the applicable credit rate increase.
       ``(B) Applicable credit rate increase.--For purposes of 
     subparagraph (A), the applicable credit rate increase shall 
     be equal to--
       ``(i) in the case of any energy project that does not 
     satisfy the requirements of paragraph (9)(B), 2 percentage 
     points, and
       ``(ii) in the case of any energy project that satisfies the 
     requirements of paragraph (9)(B), 10 percentage points.''.
       (o) Effective Dates.--
       (1) The amendments made by subsections (a), (b), (c), (d), 
     (h), (i), (j), (l), (m), and (n) of this section shall apply 
     to property placed in service after December 31, 2021.
       (2) The amendments made by subsections (e), (f), and (g) 
     shall apply to property placed in service after December 31, 
     2021, and, for any property the construction of which begins 
     prior to January 1, 2022, only to the extent of the basis 
     thereof attributable to the construction, reconstruction, or 
     erection after December 31, 2021.
       (3) The amendments made by subsection (k) shall apply to 
     property the construction of which begins after December 31, 
     2021.

     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 and Wind Facilities 
     Placed in Service in Connection With Low-income 
     Communities.--
       ``(1) In general.--In the case of any qualified solar and 
     wind facility with respect to which the Secretary makes an 
     allocation of environmental justice solar and wind capacity 
     limitation under paragraph (4)--
       ``(A) 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
       ``(B) 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 and wind 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 and wind facility.--For purposes of 
     this subsection--
       ``(A) In general.--The term `qualified solar and wind 
     facility' means any facility--
       ``(i) which generates electricity solely from property 
     described in section 45(d)(1) or in clause (i) or (vi) of 
     subsection (a)(3)(A),
       ``(ii) which has a maximum net output of less than 5 
     megawatts, and
       ``(iii) which--

       ``(I) is located in a low-income community (as defined in 
     section 45D(e)) or on Indian land (as defined in section 
     2601(2) of the Energy Policy Act of 1992 (25 U.S.C. 
     3501(2))), 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, a housing program 
     administered by a tribally designated housing entity (as 
     defined in section 4(22) of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4103(22))) 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.--For purposes of this section, the 
     term `eligible property' means energy property which is part 
     of a facility described in section 45(d)(1) or in clause (i) 
     or (vi) of subsection (a)(3)(A), including energy storage 
     property (described in subsection (a)(3)(A)(viii)) installed 
     in connection with such energy property.
       ``(4) Allocations.--
       ``(A) In general.--Not later than 270 days after the date 
     of enactment of this subsection, the Secretary shall 
     establish a program to allocate amounts of environmental 
     justice solar and wind capacity limitation to qualified solar 
     and wind facilities.
       ``(B) Limitation.--The amount of environmental justice 
     solar and wind 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 2026, 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 2026 except as provided in section 
     48F(i)(4)(D)(ii).
       ``(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 and wind 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.--
       ``(i) In general.--In determining to which qualified solar 
     and wind facilities to allocate environmental justice solar 
     and wind 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, community-based 
     organizations, an Indian tribal government (as defined in 
     clause (ii)), or any Alaska Native Corporation (as defined in 
     section 3 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602(m)).

       ``(ii) Indian tribal government.--For purposes of this 
     subparagraph, the term `Indian 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 most 
     recently as of the date of enactment of this subsection 
     pursuant to section 104 of the Federally Recognized Indian 
     Tribe List Act of 1994 (25 U.S.C. 5131).
       ``(G) Disclosure of allocations.--The Secretary shall, upon 
     making an allocation of environmental justice solar and wind 
     capacity limitation under this paragraph, publicly disclose 
     the identity of the applicant, the amount of the 
     environmental justice solar and wind 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

[[Page H6506]]

     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 take effect on January 1, 2022.

     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) So much of the renewable electricity production 
     credit determined under section 45 as is attributable to 
     qualified facilities which are originally placed in service 
     after December 31, 2021, and with respect to which an 
     election is made under subsection (c)(3).
       ``(2) The energy credit determined under section 48.
       ``(3) So much of the credit for carbon oxide sequestration 
     determined under section 45Q as is attributable to carbon 
     capture equipment which is originally placed in service after 
     December 31, 2021, and with respect to which an election is 
     made under subsection (c)(3).
       ``(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), the Tennessee Valley 
     Authority, an Indian tribal government (as defined in section 
     48(e)(4)(F)(ii)), or any Alaska Native Corporation (as 
     defined in section 3 of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1602(m)) 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 facility or 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 subparagraph 
     (A)(ii).
       ``(3) Elections.--
       ``(A) In general.--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 election is made, but in no event earlier than 270 days 
     after the date of the enactment of this section. Any such 
     election, once made, shall be irrevocable. Except as 
     otherwise provided in this paragraph, any election under this 
     subsection shall apply with respect to any credit for the 
     taxable year for which the election is made.
       ``(B) Renewable electricity production credit.--In the case 
     of the credit described in subsection (b)(1), any election 
     under this subsection shall--
       ``(i) apply separately with respect to each qualified 
     facility,
       ``(ii) be made for the taxable year in which such qualified 
     facility is originally placed in service, and
       ``(iii) shall apply to such taxable year and all subsequent 
     taxable years with respect to such qualified facility.
       ``(C) Credit for carbon oxide sequestration.--In the case 
     of the credit described in subsection (b)(3), any election 
     under this subsection shall--
       ``(i) apply separately with respect to the carbon capture 
     equipment originally placed in service by the taxpayer during 
     a taxable year, and
       ``(ii) shall apply to such taxable year and all subsequent 
     taxable years with respect to such equipment.
       ``(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 
     (determined without regard to extensions) 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 paragraph (2)(A)(ii) 
     shall be treated in the same manner as a refund due from a 
     credit provision referred to in subsection (b)(2) of such 
     section.
       ``(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 or any amount treated as a payment which is 
     made by the taxpayer under subsection (a) 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 (determined 
     without regard to section 38(c)) 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 
     shall, for any other purposes under this title, be deemed to 
     have been allowed to the taxpayer for such taxable year.
       ``(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.--Except as otherwise 
     provided in subsection (c)(1)(A), rules similar to the rules 
     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 
     (determined without regard to section 38(c)).''.
       (b) Application With Respect to Real Estate Investment 
     Trusts.--Section 50(d) is amended by adding at the end the 
     following: ``In the case of a real estate investment trust 
     making an election under section 6417, paragraphs (1)(B) and 
     (2)(B) of the section 46(e) referred to in paragraph (1) of 
     this subsection shall not apply to any qualified investment 
     credit property of a real estate investment trust.''.
       (c) Gross-up of Payments in Case of Sequestration.--In the 
     case of any payment made as a refund due to an overpayment as 
     a result of section 6417 of the Internal Revenue Code of 1986 
     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.

[[Page H6507]]

       (d) 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.''.
       (e) In General.--The amendments made by this section shall 
     apply to taxable years beginning after 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 6 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.--
       ``(A) In general.--The term `qualifying electric 
     transmission line' means an electric transmission line 
     which--
       ``(i) is capable of transmitting electricity at a voltage 
     of not less than 275 kilovolts or is a superconducting line, 
     and
       ``(ii) has a transmission capacity of not less than 500 
     megawatts.
       ``(B) Superconducting line.--For purposes of subparagraph 
     (A), the term `superconducting line' means a transmission 
     line that conducts all of its current over a superconducting 
     material.
       ``(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 a `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--

       ``(I) necessary for the operation of such electric 
     transmission line, or
       ``(II) conversion equipment along 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)(A)(ii) 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.--
       ``(1) In general.--No credit shall be allowed under this 
     section with respect to--
       ``(A) any property that is selected for cost allocation in 
     a regional transmission plan approved by a transmission 
     planning region that was approved by the Federal Energy 
     Regulatory Commission prior to January 1, 2022, or
       ``(B) any property if--
       ``(i) construction of such property begins before January 
     1, 2022, or
       ``(ii) construction of any portion of the qualifying 
     electric transmission line to which such property relates 
     begins before such date.
       ``(2) When construction begins.--For purposes of 
     subparagraph (B) of paragraph (1), construction of property 
     begins when the taxpayer has begun on-site physical work of a 
     significant nature with respect to such property.
       ``(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) Increased credit amount for applicable facilities.--
       ``(A) In general.--
       ``(i) Rule.--In the case of any applicable facility which 
     satisfies the requirements of subparagraph (B), the amount of 
     the credit determined under subsection (a) shall be such 
     amount multiplied by 5 (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) Applicable facility requirements.--An applicable 
     facility meets the requirements of this subparagraph if it is 
     one of the following:
       ``(i) An applicable facility the construction of which 
     begins prior to the date that is 60 days after the Secretary 
     publishes guidance with respect to the requirements of 
     paragraphs (2) and (3).
       ``(ii) An applicable facility which satisfies the 
     requirements of paragraphs (2) and (3).
       ``(2) Prevailing wage requirements.--Rules similar to the 
     rules of section 48(a)(10) shall apply.
       ``(3) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.
       ``(4) Domestic content bonus credit amount.--Rules similar 
     to the rules of section 48(a)(12) shall apply.
       ``(5) Phaseout for elective payment.--Rules similar to the 
     rules of section 48(a)(13) shall apply.
       ``(g) Termination.--This section shall not apply to any 
     qualifying electric transmission property unless such 
     property is placed in service before January 1, 2032.
       ``(h) 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, including regulations or other guidance 
     which provides for requirements for recordkeeping or 
     information reporting for purposes of establishing the 
     requirements of this subsection.''.
       (b) Elective Payment of Credit.--Section 6417(b), as 
     amended 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) Special Rule for Property Financed by Tax-exempt 
     Bonds.--Section 48D, as added by subsection (a), is amended 
     by redesignating subsection (h) as subsection (i) and by 
     inserting after subsection (g) the following new subsection:
       ``(h) Special Rule for Property Financed by Tax-exempt 
     Bonds.--Rules similar to the rules of section 45(b)(3) shall 
     apply.''.
       (d) 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 (vii),
       (B) by striking the period at the end of clause (viii) and 
     inserting ``, and'', and
       (C) by adding at the end the following new clause:
       ``(ix) 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(e)''.
       (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.''.
       (e) Effective Date.--
       (1) In general.--The amendments made by subsections (a), 
     (b), and (d) of this section shall apply to property placed 
     in service after December 31, 2021.
       (2) Tax-exempt bonds.--The amendment made by subsection (c) 
     shall apply to property the construction of which begins 
     after December 31, 2021.
       (3) 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. EXTENSION AND MODIFICATION OF CREDIT FOR CARBON 
                   OXIDE SEQUESTRATION.

       (a) Modification of Carbon Oxide Capture Requirements.--
     Section 45Q(d) is amended to read as follows:
       ``(d) Qualified Facility.--
       ``(1) In general.--For purposes of this section, the term 
     `qualified facility' means a facility 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 by mass 
     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.
       ``(2) Termination rule.--The term `qualified facility' 
     means any industrial facility or direct air capture 
     facility--
       ``(A) the construction of which begins before January 1, 
     2032, and
       ``(B) either--
       ``(i) the construction of carbon capture equipment of which 
     begins before such date, or
       ``(ii) the original planning and design of which includes 
     installation of carbon capture equipment.''.

[[Page H6508]]

       (b) Determination of Applicable Dollar Amount.--
       (1) In general.--Section 45Q(b)(1) is amended by striking 
     subparagraph (B) and by inserting after subparagraph (A) the 
     following new subparagraphs:
       ``(B) Special rule for direct air capture facilities.--For 
     any qualified facility described in subsection (d)(1)(A), the 
     construction of which begins after December 31, 2021, the 
     applicable dollar amount shall be an amount equal to the 
     applicable dollar amount otherwise determined with respect to 
     such facility under subparagraph (A), except that such 
     subparagraph shall be applied--
       ``(i) in clause (i)(I) of such subparagraph, by 
     substituting `$36' for `$17', and
       ``(ii) in clause (i)(II) of such subparagraph, by 
     substituting `$26' for `$12'.
       ``(C) Applicable dollar amount for additional carbon 
     capture equipment.--In the case of any qualified facility the 
     construction of which begins before January 1, 2022, if any 
     additional carbon capture equipment is installed at such 
     facility and construction of such equipment began after 
     December 31, 2021, the applicable dollar amount shall be an 
     amount equal to the applicable dollar amount otherwise 
     determined under subparagraph (A), except that such 
     subparagraph shall be applied by substituting `carbon capture 
     equipment' for `qualified facility' each place it appears.''.
       (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)(D), as redesignated by subparagraph 
     (A), is amended by striking ``subparagraph (A)'' and 
     inserting ``subparagraph (A), (B), or (C)''.
       (C) Section 45Q(b)(2) is amended by inserting ``Subject to 
     paragraph (3)'' before ``in the case''.
       (c) Wage and Apprenticeship Requirements.--Section 45Q is 
     amended by redesignating subsection (h) as subsection (i) and 
     inserting after subsection (g) following new subsection:
       ``(h) 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 satisfy the 
     requirements of paragraph (2), the amount of the credit 
     determined under subsection (a) shall be equal to such amount 
     multiplied by 5 (determined without regard to this sentence).
       ``(2) Requirements.--The requirements described in this 
     subparagraph are that--
       ``(A) with respect to any qualified facility the 
     construction of which begins on or after the date that is 60 
     days after the Secretary publishes guidance with respect to 
     the requirements of paragraphs (3) and (4), as well as any 
     carbon capture equipment placed in service at such facility--
       ``(i) subject to subparagraph (B) of paragraph (3), such 
     facility and equipment satisfy the requirements under 
     subparagraph (A) of such paragraph, and
       ``(ii) the construction of such facility and equipment 
     satisfy the requirements under paragraph (4),
       ``(B) with respect to any carbon capture equipment the 
     construction of which begins after the date that is 60 days 
     after the Secretary publishes guidance with respect to the 
     requirements of paragraphs (3) and (4), and which is 
     installed at a qualified facility the construction of which 
     began prior to such date--
       ``(i) subject to subparagraph (B) of paragraph (3), such 
     equipment satisfies the requirements of subparagraphs (A) of 
     such paragraph, and
       ``(ii) the construction of such facility and equipment 
     satisfy the requirements under paragraph (4), and
       ``(C) the construction of carbon capture equipment begins 
     prior to the date that is 60 days after the Secretary 
     publishes guidance with respect to the requirements of 
     paragraphs (3) and (4), and such equipment is installed at a 
     qualified facility the construction of which begins prior to 
     such date.
       ``(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) in the case of--

       ``(I) any qualified facility described in subparagraph 
     (A)(i) of paragraph (2), the construction of such facility 
     and carbon capture equipment placed in service at such 
     facility, or
       ``(II) any carbon capture equipment described in 
     subparagraph (A)(ii) of paragraph (2), the construction of 
     such equipment, and

       ``(ii) for the period of the taxable year which is within 
     the 12-year period beginning on the date on which any carbon 
     capture equipment is originally placed in service at any 
     qualified facility (as described in paragraphs (3)(A) and 
     (4)(A) of subsection (a)), the alteration or repair of such 
     facility or such equipment,
     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. For purposes of 
     determining an increased credit amount under paragraph (1) 
     for a taxable year, the requirement under clause (ii) of this 
     paragraph is applied to such taxable year in which the 
     alteration or repair of qualified facility occurs.
       ``(B) Correction and penalty related to failure to satisfy 
     wage requirements.--Rules similar to the rules of clauses (i) 
     through (iv) of section 45(b)(7)(B) shall apply.
       ``(4) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.
       ``(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, including regulations or other guidance 
     which provides for requirements for recordkeeping or 
     information reporting for purposes of establishing the 
     requirements of this subsection.''.
       (d) 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), $17 
     for each calendar year during such period, and
       ``(II) for purposes of paragraph (4) of such subsection, 
     $12 for each calendar year during such period, and'', and

       (B) in clause (ii)--
       (i) in subclause (I), by striking ``$50'' and inserting 
     ``the amount determined under clause (i)(I) with respect to 
     the qualified facility'', and
       (ii) in subclause (II), by striking ``$35'' and inserting 
     ``the amount determined under clause (i)(II) with respect to 
     the qualified facility''.
       (e) Installation of Additional Carbon Capture Equipment on 
     Certain Facilities.--Section 45Q(b) is amended by 
     redesignating paragraph (3) as paragraph (4) and by inserting 
     after paragraph (2) the following new paragraph:
       ``(3) Installation of additional carbon capture equipment 
     on certain facilities.--In the case of a qualified facility 
     described in paragraph (1)(C), for purposes of determining 
     the amount of qualified carbon oxide which is captured by the 
     taxpayer, rules similar to rules of paragraph (2) shall apply 
     for purposes of subsection (a).''.
       (f) Credit Reduced for Tax-exempt Bonds.--Section 45Q(f) is 
     amended by adding at the end the following new paragraph:
       ``(8) Credit reduced for tax-exempt bonds.--Rules similar 
     to the rule under section 45(b)(3) shall apply for purposes 
     of this section.''.
       (g) Application of Section for Certain Carbon Capture 
     Equipment.--Section 45Q(g) is amended by inserting ``the 
     earlier of January 1, 2023 and'' before ``the end of the 
     calendar year''.
       (h) Election.--Section 45Q(f) is amended by adding at the 
     end the following new paragraph:
       ``(9) Election.--For purposes of paragraphs (3) and (4) of 
     subsection (a), a person described in paragraph (3)(A)(ii) 
     may elect, at such time and in such manner as the Secretary 
     may prescribe, to have the 12-year period begin on the first 
     day of the first taxable year in which a credit under this 
     section is claimed with respect to carbon capture equipment 
     which is originally placed in service at a qualified facility 
     on or after the date of the enactment of the Bipartisan 
     Budget Act of 2018 (after application of subsection (f)(6) 
     where applicable) if--
       ``(A) no taxpayer claimed a credit under this section with 
     respect to such carbon capture equipment for any prior 
     taxable year,
       ``(B) the qualified facility at which such carbon capture 
     equipment is placed in service is located in an area affected 
     by a federally-declared disaster (as defined by section 
     165(i) (5)(A)) after the carbon capture equipment is 
     originally placed in service, and
       ``(C) such federally-declared disaster results in a 
     cessation of the operation of the qualified facility after 
     the carbon capture equipment is originally placed in 
     service.''.
       (i) Effective Dates.--
       (1) The amendments made by subsections (a), (b), (c), (d), 
     (e), (f), and (g) shall apply to facilities or equipment the 
     construction of which begins after December 31, 2021.
       (2) The amendments made by subsection (h) shall apply to 
     carbon oxide captured and disposed of after December 31, 
     2021.

     SEC. 136107. 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--

[[Page H6509]]

       ``(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 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. 136108. 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) 0.3 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 is not an advanced nuclear power facility as 
     defined in subsection (d)(1) of section 45J, 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 16 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 0.3 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 
     the 0.3 cent amount as increased under this paragraph is not 
     a multiple of 0.05 cent, such amount shall be rounded to the 
     nearest multiple of 0.05 cent. If the 2.5 cent amount as 
     increased under this paragraph 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) Ultimate purchaser.--For purposes of this section, 
     electricity produced by the taxpayer shall be treated as sold 
     to an unrelated person if the ultimate purchaser of such 
     electricity is unrelated to such taxpayer.
       ``(d) Wage Requirements.--
       ``(1) Increased credit amount for qualified nuclear power 
     facilities.--In the case of any qualified nuclear power 
     facility which satisfies the requirements of paragraph (2), 
     the amount of the credit determined under subsection (a) 
     shall be equal to such amount multiplied by 5 (determined 
     without regard to this sentence).
       ``(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 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 clauses (i) 
     through (iv) of section 45(b)(7)(B) shall apply.
       ``(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, including regulations or other guidance 
     which provides for requirements for recordkeeping or 
     information reporting for purposes of establishing the 
     requirements of this subsection.
       ``(e) Termination.--This section shall not apply to taxable 
     years beginning after December 31, 2027.''.
       (b) Conforming Amendments.--
       (1) Section 38(b) of the Internal Revenue Code of 1986 is 
     amended--
       (A) in paragraph (32), by striking ``plus'' at the end,
       (B) in paragraph (33), by striking the period at the end 
     and inserting ``, plus'', and
       (C) by adding at the end the following new paragraph:
       ``(34) 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 
     amended by the preceding provisions of this Act, is amended 
     by adding at the end the following new paragraph:
       ``(7) 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, 2026''.
       (b) Biodiesel Mixture Credit.--
       (1) In general.--Section 6426(c)(6) is amended by striking 
     ``December 31, 2022'' and inserting ``December 31, 2026''.
       (2) Fuels not used for taxable purposes.--Section 
     6427(e)(6)(B) is amended by striking ``December 31, 2022'' 
     and inserting ``December 31, 2026''.
       (c) Alternative Fuel Credit.--Section 6426(d)(5) is amended 
     by striking ``December 31, 2021'' and inserting ``December 
     31, 2026''.
       (d) Alternative Fuel Mixture Credit.--Section 6426(e)(3) is 
     amended by striking ``December 31, 2021'' and inserting 
     ``December 31, 2026''.
       (e) Payments for Alternative Fuels.--Section 6427(e)(6)(C) 
     is amended by striking ``December 31, 2021'' and inserting 
     ``December 31, 2026''.
       (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 ``2027''.
       (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

[[Page H6510]]

       ``(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 acid 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, the term 
     `lifecycle greenhouse gas emissions reduction percentage' 
     means, with respect to any sustainable aviation fuel, the 
     percentage reduction in lifecycle greenhouse gas emissions--
       ``(1) as defined in accordance with--
       ``(A) 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, or
       ``(B) any similar methodology which satisfies the criteria 
     under section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 
     7545(o)(1)(H)), and
       ``(2) achieved by such fuel as compared with petroleum-
     based jet fuel.
       ``(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 is registered with the Secretary under 
     section 4101 and has provided such other 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, 2026.''.
       (b) Credit Made Part of General Business Credit.-- Section 
     38(b) 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 inserting after paragraph (34) 
     the following new paragraph:
       ``(35) 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, 2026.''.
       (C) Section 6427(e) is amended in the heading by striking 
     ``or Alternative Fuel'' and inserting, ``Alternative Fuel, or 
     Sustainable Aviation Fuel''.
       (D) Section 6427(e)(1) is amended by inserting ``or the 
     sustainable aviation fuel mixture credit'' after 
     ``alternative fuel mixture credit''.
       (E) Section 4101(a)(1) is amended by inserting ``every 
     person producing sustainable aviation fuel (as defined in 
     section 40B or section 6426(k)(3)),'' before ``and every 
     person producing second generation biofuel''.
       (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 $0.60. 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' shall be determined as 
     follows:
       ``(A) In the case of any qualified clean hydrogen which is 
     produced by a facility that is placed in service before 
     January 1, 2027 through a process that results in a lifecycle 
     greenhouse gas emissions rate of--
       ``(i) not greater than 6 kilograms of CO2e per kilogram of 
     hydrogen, and
       ``(ii) not less than 4 kilograms of CO2e per kilogram of 
     hydrogen,
     the applicable percentage shall be 15 percent.
       ``(B) In the case of any qualified clean hydrogen which is 
     produced through a process that results in a lifecycle 
     greenhouse gas emissions rate of--
       ``(i) less than 4 kilograms of CO2e per kilogram of 
     hydrogen, and
       ``(ii) not less than 2.5 kilograms of CO2e per kilogram of 
     hydrogen,
     the applicable percentage shall be 20 percent.
       ``(C) In the case of any qualified clean hydrogen which is 
     produced through a process that results in a lifecycle 
     greenhouse gas emissions rate of--
       ``(i) less than 2.5 kilograms of CO2e per kilogram of 
     hydrogen, and
       ``(ii) not less than 1.5 kilograms of CO2e per kilogram of 
     hydrogen,
     the applicable percentage shall be 25 percent.
       ``(D) In the case of any qualified clean hydrogen which is 
     produced through a process that results in a lifecycle 
     greenhouse gas emissions rate of--
       ``(i) less than 1.5 kilograms of CO2e per kilogram of 
     hydrogen, and
       ``(ii) not less than 0.45 kilograms of CO2e per kilogram of 
     hydrogen,
     the applicable percentage shall be 33.4 percent.
       ``(E) In the case of any qualified clean hydrogen which is 
     produced through a process that results in a lifecycle 
     greenhouse gas emissions rate of less than 0.45 kilograms of 
     CO2e per kilogram of hydrogen, the applicable percentage 
     shall be 100 percent.
       ``(3) Inflation adjustment.--The $0.60 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.--
       ``(A) In general.--Subject to subparagraph (B), 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.
       ``(B) GREET model.--The term `lifecycle greenhouse gas 
     emissions' shall only include emissions through the point of 
     production (well-to-gate), as determined under the most 
     recent Greenhouse gases, Regulated Emissions, and Energy use 
     in Transportation model (commonly referred to as the `GREET 
     model') developed by Argonne National Laboratory, or a 
     successor model (as determined by the Secretary).
       ``(2) Qualified clean hydrogen.--
       ``(A) In general.--The term `qualified clean hydrogen' 
     means hydrogen which is produced through a process that 
     results in a lifecycle greenhouse gas emissions rate of not 
     greater than 6 kilograms of CO2e per kilogram of hydrogen.
       ``(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, as verified by an unrelated third 
     party of such production and sale or

[[Page H6511]]

     use in such form or manner as the Secretary may prescribe 
     under subsection (f)(2).
       ``(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.
       ``(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 carbon capture equipment for which a 
     credit is allowed to any taxpayer under section 45Q for the 
     taxable year or any prior taxable year.
       ``(e) Increased Credit Amount for Qualified Clean Hydrogen 
     Production Facilities.--
       ``(1) In general.--In the case of any qualified clean 
     hydrogen production facility which satisfies the requirements 
     of paragraph (2), the amount of the credit determined under 
     subsection (a) with respect to qualified clean hydrogen 
     described in subsection (b)(2) shall be equal to such amount 
     multiplied by 5 (determined without regard to this sentence).
       ``(2) Requirements.--A facility meets the requirements of 
     this subparagraph if it is one of the following:
       ``(A) A facility--
       ``(i) the construction of which begins prior to the date 
     that is 60 days after the Secretary publishes guidance with 
     respect to the requirements of paragraphs (3) and (4), and
       ``(ii) which meets the requirements of paragraph (3) with 
     respect to construction, alteration, or repair of facilities 
     which occurs after such date.
       ``(B) A facility 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 period of the taxable year which is within 
     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. For purposes of 
     determining an increased credit amount under paragraph (1) 
     for a taxable year, the requirement under clause (ii) of this 
     paragraph is applied to such taxable year in which the 
     alteration or repair of qualified facility occurs.
       ``(B) Correction and penalty related to failure to satisfy 
     wage requirements.--Rules similar to the rules of clauses (i) 
     through (iv) of section 45(b)(7)(B) shall apply.
       ``(4) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.
       ``(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, including regulations or other guidance 
     which provides for requirements for recordkeeping or 
     information reporting for purposes of establishing the 
     requirements of this subsection.
       ``(f) Regulations.--Not later than 1 year after the date of 
     enactment of this section, the Secretary 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.--
       (A) In general.--Section 6417(b), as amended by the 
     preceding provisions of this Act, is amended by adding at the 
     end the following new paragraph:
       ``(8) So much of the the credit for production of clean 
     hydrogen determined under section 45X as is attributable to 
     qualified clean hydrogen production facilities which are 
     originally placed in service after December 31, 2011, and 
     with respect to which an election is made under subsection 
     (c)(3).''.
       (B) Election.--Section 6417(c)(3), as amended by the 
     preceding provisions of this Act, is amended by adding at the 
     end the following new subparagraph:
       ``(D) Credit for production of clean hydrogen.--In the case 
     of the credit described in subsection (b)(8), any election 
     under this subsection shall--
       ``(i) apply separately with respect to each qualified clean 
     hydrogen production facility,
       ``(ii) be made for the taxable year in which the facility 
     is placed in service (or within 90 days of date of enactment 
     in the case of facilities placed in service before December 
     31, 2021),
       ``(iii) shall apply to such taxable year and all subsequent 
     taxable years with respect to such facility.''.
       (3) Credit reduced for tax-exempt bonds.--Section 45X(d), 
     as added by this section, is amended by adding at the end the 
     following new paragraph:
       ``(3) Credit reduced for tax-exempt bonds.--Rules similar 
     to the rule under section 45(b)(3) shall apply for purposes 
     of this section.''.
       (4) Conforming amendments.--
       (A) Section 38(b) is amended--
       (i) in paragraph (34), by striking ``plus'' at the end,
       (ii) in paragraph (35), by striking the period at the end 
     and inserting ``, plus'', and
       (iii) by adding at the end the following new paragraph:
       ``(36) 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.''.
       (5) Effective dates.--
       (A) The amendments made by paragraphs (1), (2), and (4) of 
     this subsection shall apply to hydrogen produced after 
     December 31, 2021.
       (B) The amendment made by paragraph (3) shall apply to 
     facilities the construction of which begins 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(c)(3)) to 
     produce qualified clean hydrogen (as defined in section 
     45X(c)(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:
       ``(16) 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), 0.9 
     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, 1.2 
     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, 1.5 
     percent,
       ``(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, 2 
     percent, and
       ``(V) in the case of a facility which is designed and 
     reasonably expected to produce qualified clean hydrogen which 
     is described in subparagraph (E) of such section, 6 percent.

       ``(B) Denial of production credit.--No credit shall be 
     allowed under section 45X or section 45Q for any taxable year 
     with respect to any specified clean hydrogen production 
     facility or any carbon capture equipment included at such 
     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(c)(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(c)(2).
       ``(E) 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 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).''.

[[Page H6512]]

       (2) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2021 and, for any property the construction of which begins 
     prior to January 1, 2022, only to the extent of the basis 
     thereof attributable to the construction, reconstruction, or 
     erection after December 31, 2021.
       (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) Allowance of Credit.--Section 25C(a) is amended to read 
     as follows:
       ``(a) Allowance of Credit.--In the case of an individual, 
     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 sum of--
       ``(1) the amount paid or incurred by the taxpayer for 
     qualified energy efficiency improvements installed during 
     such taxable year, and
       ``(2) the amount of the residential energy property 
     expenditures paid or incurred by the taxpayer during such 
     taxable year.''.
       (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) Energy property.--The credit allowed under this 
     subsection by reason of subsection (a)(1) with respect to any 
     taxpayer for any taxable year shall not exceed, with respect 
     to any item of qualified energy property, $600.
       ``(3) 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, in the aggregate with 
     respect to all exterior windows and skylights, $600.
       ``(4) 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.
       ``(5) Certain property excluded from limitation.--Amounts 
     paid or incurred for property described in clause (i) or (ii) 
     of subsection (d)(2)(A) or subsection (d)(2)(B) shall not be 
     subject to the limitations in paragraphs (1) and (2) or 
     factored in for purposes of calculating the limitation under 
     such paragraph.''.
       (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 or skylight, Energy 
     Star most efficient certification requirements
       ``(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 sealing 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:
       ``(A) 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:
       ``(i) An electric heat pump water heater.
       ``(ii) An electric heat pump.
       ``(iii) A central air conditioner.
       ``(iv) A natural gas, propane, or oil water heater.
       ``(v) A natural gas, propane, or oil furnace or hot water 
     boiler.
       ``(B) A biomass stove--
       ``(i) which uses the burning of biomass fuel to heat a 
     dwelling unit located in the United States and used as a 
     residence by the taxpayer, or to heat water for use in such a 
     dwelling unit, and
       ``(ii) which has a thermal efficiency rating of at least 75 
     percent (measured by the higher heating value of the fuel).
       ``(C) Any oil furnace or hot water boiler which--
       ``(i) is placed in service after December 31, 2021 and 
     before January 1, 2027 and meets or exceeds 2021 Energy Star 
     efficiency criteria and is rated by the manufacturer for use 
     with eligible fuel blends of 20 percent or more, or
       ``(ii) is placed in service after December 31, 2026 and 
     achieves an annual fuel utilization efficiency rate of not 
     less than 90 and is rated by the manufacturer for use with 
     eligible fuel blends of 50 percent or more.
       ``(3) Eligible fuel.--For purposes of paragraph (2), the 
     term `eligible fuel' means biodiesel and renewable diesel 
     (within the meaning of section 40A) and second generation 
     biofuel (within the meaning of section 40).''.
       (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 subsection (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 (not later than 365 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.--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--
       ``(A) 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),
       ``(B) label such item 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 product identification numbers so assigned and 
     including such

[[Page H6513]]

     information as the Secretary may require with respect to the 
     item of specified property to which such number was so 
     assigned.
       ``(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) Credit Made Refundable; Installer Requirements; 
     Treatment of Certain Possessions.--Section 25D is amended by 
     redesignating subsection (h) as subsection (k) and by 
     inserting after subsection (g) the following new subsections:
       ``(h) Credit Made Refundable for Taxable Years After 
     2023.--In the case of any taxable year beginning after 
     December 31, 2023, the credit allowed under subsection (a) 
     (excluding any credit carried forward from a previous taxable 
     year) shall be treated as a credit allowed under subpart C 
     (and not allowed under this subpart).
       ``(i) Requirement for Qualified Installer.--
       ``(1) In general.--No credit shall be allowed under this 
     section with respect to any property described in subsection 
     (a) placed in service after December 31, 2023 unless--
       ``(A) such property is installed by a qualified installer, 
     and
       ``(B) the taxpayer includes the qualified installation 
     identification number described in paragraph (3) on the 
     return of tax for the taxable year.
       ``(2) Qualified installer.--
       ``(A) In general.--For purposes of this section, the term 
     `qualified installer' means an installer who enters into an 
     agreement with the Secretary which provides that such 
     installer will, with respect to expenditures described in 
     subsection (a) in connection with the residence of a 
     taxpayer--
       ``(i) provide the taxpayer with a qualified installation 
     identification number and a written receipt of the purchase 
     and installation of such property in a manner prescribed by 
     the Secretary, and
       ``(ii) make periodic written reports to the Secretary (in 
     such manner as the Secretary may provide) of installation 
     identification numbers assigned by the installer 
     corresponding to such expenditures, including such 
     information as the Secretary may require with respect to such 
     expenditures.
       ``(B) Installer deemed to meet requirement.--For purposes 
     of subparagraph (A), to the extent provided by the Secretary, 
     an installer may be deemed to meet the requirement under 
     clause (ii) of such subparagraph on the basis of information 
     available to the Secretary which the Secretary determines is 
     reasonably reliable for purposes of determining the amount of 
     qualified expenditures under subsection (a) made by a 
     taxpayer in connection with a residence of such taxpayer.
       ``(3) Qualified installation identification number.--For 
     purposes of this section, the term `qualified installation 
     identification number' means a unique identification number 
     with respect to expenditures described in subsection (a) in 
     connection with a residence of a taxpayer that is installed 
     by a qualified installer.
       ``(4) Registration.--The Secretary may require such 
     information or registration of a qualified installer as the 
     Secretary deems necessary or appropriate for purposes of 
     preventing duplication, fraud, or improper claims with 
     respect to property described in subsection (a). Under 
     regulations or other guidance prescribed by the Secretary, 
     the registration of any person under this section may be 
     denied, revoked, or suspended if the Secretary determines 
     that such denial, revocation, or suspension is necessary to 
     prevent duplication, fraud, or improper claims with respect 
     to property described in subsection (a).
       ``(j) 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 (3), (4), and (5) of 
     section 21(h) shall apply for purposes of this section.''.
       (d) Certain Expenditures Disallowed.--Section 25D is 
     amended--
       (1) in subsection (a), by adding ``and'' at the end of 
     paragraph (4), by striking the comma at the end of paragraph 
     (5) and inserting a period, and by striking paragraph (6), 
     and
       (2) in subsection (d), by striking paragraph (6).
       (e) Carryforward of Unused Credit Disallowed.--Section 25D 
     is amended by striking subsection (c).
       (f) Conforming Amendment.--Section 6213(g)(2), as amended 
     by the preceding provisions of this Act, is amended--
       (1) in subparagraph (T), by striking ``and'' at the end,
       (2) in subparagraph (U), by striking the period at the end 
     and inserting ``, and'', and
       (3) by adding at the end the following:
       ``(V) an omission of a correct qualified installation 
     identification number required under section 25D (relating to 
     credit for residential energy efficient property) to be 
     included on a return.''.
       (g) Effective Dates.--
       (1) The amendments made by subsections (a), (b), (d), and 
     (f) shall apply to expenditures made after December 31, 2021.
       (2) The amendments made by subsections (c) and (e) shall 
     apply to expenditures made after December 31, 2022.

     SEC. 136303. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

       (a) Placed in Service Requirement.--Section 179D(c)(2) is 
     amended to read as follows:
       ``(2) Reference standard 90.1.--The term `Reference 
     Standard 90.1' means, with respect to any property, the more 
     recent of--
       ``(A) Standard 90.1-2007 published by the American Society 
     of Heating, Refrigerating, and Air Conditioning Engineers and 
     the Illuminating Engineering Society of North America, or
       ``(B) the most recent Standard 90.1 published by the 
     American Society of Heating, Refrigerating, and Air 
     Conditioning Engineers and the Illuminating Engineering 
     Society of North America for which the Department of Energy 
     has issued a final determination and which has been affirmed 
     by the Secretary for purposes of this section not later than 
     the date that is 4 years before the date such property is 
     placed in 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).

[[Page H6514]]

       ``(B) Applicable dollar value.--For purposes of paragraph 
     (3)(A)(i), the applicable dollar value shall be an amount 
     equal to $0.50 increased (but not above $1.00) by $0.02 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) Increased credit amount for certain property.--
       ``(A) In general.--In the case of any property which 
     satisfies the requirements of subparagraph (B), paragraph 
     (3)(B) shall be applied by substituting `$2.50' for `$0.50', 
     `$.10' for `$.02', and `$5.00' for `$1.00'.
       ``(B) Project requirements.--A project meets the 
     requirements of this subparagraph if it is one of the 
     following:
       ``(i) A building or qualified retrofit plan the 
     construction of which begins prior to 60 days after the 
     Secretary publishes guidance with respect to the requirements 
     of paragraphs (5) and (6).
       ``(ii) A building or qualified retrofit plan the 
     construction of which satisfies the requirements of 
     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.--Rules similar to the rules of clauses (i) 
     through (iv) of section 45(b)(7)(B) shall apply.
       ``(6) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.
       ``(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) an Indian tribal government (as defined in section 
     48(e)(4)(F)(ii)) or Alaska Native Corporation (as defined in 
     section 3 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602(m)), 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 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).
       ``(ii) Determination of adjustment.--For purposes of clause 
     (i), the adjustments described in such clause shall be 
     determined in such manner as the Secretary may provide.
       ``(G) Other definitions.--For purposes of this paragraph--
       ``(i) Energy usage intensity.--The term `energy usage 
     intensity' means the annualized, measured site energy usage 
     intensity determined in accordance with such regulations or 
     other guidance as the Secretary 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) Application to Real Estate Investment Trust Earnings 
     and Profits.--Section 312(k)(3)(B) is amended--
       (1) by striking ``for purposes of computing the earnings 
     and profits of a corporation'' and inserting the following:
       ``(i) In general.--For purposes of computing the earnings 
     and profits of a corporation, except as provided in clause 
     (ii)'', and
       (2) by adding at the end the following new clause:
       ``(ii) Special rule.--In the case of a corporation that is 
     a real estate investment trust, any amount deductible under 
     section 179D shall be allowed in the year in which the 
     property giving rise to such deduction is placed in 
     service.''.
       (d) Conforming Amendment.--Section 179D(d)(2) is amended by 
     striking ``not later than the date that is 2 years before the 
     date that construction of such property begins'' and 
     inserting ``not later than the date that is 4 years before 
     the date such property is placed in service''.
       (e) 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 (8) 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 unit which is 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.--

[[Page H6515]]

       ``(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) 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 unit 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.--Rules similar to the rules of clauses (i) 
     through (iv) of section 45(b)(7)(B) shall apply.
       ``(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, including regulations or other guidance 
     which provides for requirements for recordkeeping or 
     information reporting for purposes of establishing the 
     requirements 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.

     SEC. 136306. 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)).

[[Page H6516]]

       ``(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 (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 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 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 
     credit amount determined under subsection (b) with respect to 
     a new qualified plug-in electric drive motor vehicle placed 
     in service by the taxpayer during the taxable year.
       ``(b) Credit Amount.--
       ``(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 
     has a gasoline tank capacity not greater than 2.5 gallons, 
     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 
     and has a gasoline tank capacity not greater than 2.5 
     gallons.
       ``(4) Domestic assembly.--In the case of a new qualified 
     plug-in electric drive motor 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 electric drive motor vehicle which satisfies domestic 
     content qualifications, the amount determined under this 
     paragraph is $500.
       ``(c) Vehicle Limitation.--The number of new qualified 
     plug-in electric drive motor vehicles taken in account under 
     subsection (a) shall not exceed 1 per taxpayer per taxable 
     year.
       ``(d) Limitation Based on Modified Adjusted Gross Income.--
       ``(1) In general.--The amount of the credit allowable under 
     subsection (a) for any taxable year shall be reduced (but not 
     below zero) by $200 for each $1,000 (or fraction thereof) by 
     which--
       ``(A) the lesser of--
       ``(i) the taxpayer's modified adjusted gross income for 
     such taxable year, or
       ``(ii) the taxpayer's modified adjusted gross income for 
     the preceding taxable year, exceeds
       ``(B) 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) Threshold amount.--For purposes of paragraph (1), the 
     term `threshold amount' means--
       ``(A) $500,000 in the case of a joint return or surviving 
     spouse (half such amount in the case of a married individual 
     filing a separate return),
       ``(B) $375,000 in the case of a head of household, and
       ``(C) $250,000 in any other case.
       ``(e) 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) Vans.--In the case of a van, $80,000.
       ``(B) Sport utility vehicles.--In the case of a sport 
     utility vehicle, $80,000.
       ``(C) Pickup trucks.--In the case of a pickup truck, 
     $80,000.
       ``(D) Other.--In the case of any other vehicle, $55,000.
       ``(3) Regulations and guidance.--For purposes of this 
     subsection, the Secretary shall prescribe such regulations or 
     other guidance as the Secretary determines necessary or 
     appropriate for determining vehicle classifications using 
     criteria similar to that employed by the Environmental 
     Protection Agency and the Department of the Energy to 
     determine size and class of vehicles.''
       ``(f) 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 not less than 10 kilowatt hours, 
     and
       ``(ii) is capable of being recharged from an external 
     source of electricity,
       ``(G) with respect to which, in the case of a vehicle 
     placed in service after December 31, 2026, final assembly is 
     within the United States,
       ``(H) is not of a character subject to an allowance for 
     depreciation, and
       ``(I) for which the person who sells or leases any new 
     qualified plug-in electric drive motor vehicle to the 
     taxpayer furnishes a report to the taxpayer and to the 
     Secretary, at such time and in such manner as the Secretary 
     shall provide, containing--
       ``(i) the name and taxpayer identification number of the 
     taxpayer,
       ``(ii) the vehicle identification number of the vehicle, 
     unless, in accordance with any applicable rules promulgated 
     by the Secretary of Transportation, the vehicle is not 
     assigned such a number,
       ``(iii) the battery capacity of the vehicle,
       ``(iv) in the case of any new qualified plug-in electric 
     drive motor vehicle, verification that original use of the 
     vehicle commences with the taxpayer,
       ``(v) the maximum credit under this section allowable to 
     the taxpayer with respect to the vehicle, and
       ``(vi) in the case of a taxpayer who makes an election 
     under subsection (k)(1)--

       ``(I) the modified adjusted gross income of such taxpayer 
     in the previous taxable year, as described in subsection 
     (k)(6)(A), and
       ``(II) any amount described in subsection (k)(2)(C) which 
     has been provided to such taxpayer.

       ``(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 subsection (d), subparagraphs (D), (E), 
     and (F) of paragraph (1), and paragraph (6) of subsection (f) 
     is labeled with a unique vehicle identification number, and

[[Page H6517]]

       ``(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.
       ``(g) 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 or 
     other guidance, 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.
       ``(h) 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) 30 percent of the cost of the qualified 2- or 3-
     wheeled plug-in electric vehicle, or
       ``(B) $7,500.
       ``(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--
       ``(i) subparagraphs (A), (B), (C), (E), (F), (G), and (I) 
     of subsection (e)(1) (determined by substituting `2.5 
     kilowatt hours' for `10 kilowatt hours' in subparagraph 
     (F)(i)),
       ``(ii) paragraphs (3) and (4) of subsection (e), and
       ``(iii) subsections (f), (h), (i), and (k),
       ``(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.
       ``(i) 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.
       ``(j) 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 (3), (4), and (5) of 
     section 21(h) shall apply for purposes of this section.
       ``(k) 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 located in the United States and 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 are powered by battery cells which are manufactured in 
     the United States 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 drive motor 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.
       ``(l) Termination.--No credit shall be allowed under this 
     section with respect to any vehicle acquired after December 
     31, 2031.''.
       (b) Transfer of Credit.--
       (1) In general.--Section 36C, as added by subsection (a), 
     is amended by redesignating subsection (k) as subsection (l) 
     and by inserting after subsection (j) following new 
     subsection:
       ``(k) Transfer of Credit.--
       ``(1) In general.--Subject to such regulations or other 
     guidance as the Secretary determines necessary or 
     appropriate, if the taxpayer who acquires a new plug-in 
     electric drive motor vehicle elects the application of this 
     subsection with respect to such vehicle, the credit which 
     would (but for this subsection) be allowed to such taxpayer 
     with respect to such vehicle shall be allowed to the eligible 
     entity specified in such election (and not to such taxpayer).
       ``(2) 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 (4), 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 (1) and 
     not later than at the time of such sale, 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 of such vehicle,
       ``(iii) all fees associated with the purchase of such 
     vehicle, and
       ``(iv) the amount provided by the dealer to such taxpayer 
     as a condition of the election described in paragraph (1),
       ``(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 (1), and
       ``(ii) such election shall not limit the value or use of 
     such incentive.
       ``(3) Timing.--An election described in paragraph (1) 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.
       ``(4) Revocation of registration.--Upon determination by 
     the Secretary that a dealer has failed to comply with the 
     requirements described in paragraph (2), the Secretary may 
     revoke the registration (as described in subparagraph (A) of 
     such paragraph) of such dealer.
       ``(5) Tax treatment of payments.--With respect to any 
     payment described in paragraph (2)(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.
       ``(6) Application of certain other requirements.--In the 
     case of any election under paragraph (1) with respect to any 
     vehicle--
       ``(A) the amount of the reduction under subsection (c) 
     shall be determined with respect to the modified adjusted 
     gross income of the taxpayer for the taxable year preceding 
     the taxable year in which such vehicle was acquired (and not 
     with respect to such income for the taxable year in which 
     such vehicle was acquired),
       ``(B) the requirements of paragraphs (1) and (2) of 
     subsection (f) shall apply to the taxpayer who acquired the 
     vehicle in the same manner as if the credit determined under 
     this section with respect to such vehicle were allowed to 
     such taxpayer,
       ``(C) subsection (f)(5) shall not apply, and
       ``(D) the requirement of subsection (h) shall be treated as 
     satisfied if the eligible entity provides the vehicle 
     identification number of such vehicle to the Secretary in 
     such manner as the Secretary may provide.
       ``(7) 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)(7) shall apply for purposes of this 
     paragraph.
       ``(8) Dealer.--For purposes of this subsection, the term 
     `dealer' means a person licensed by a State, the District of 
     Columbia, the

[[Page H6518]]

     Commonwealth of Puerto Rico, any other territory or 
     possession of the United States, an Indian tribal government 
     (as defined in section 48(e)(4)(F)(ii)), or any Alaska Native 
     Corporation (as defined in section 3 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602(m)) to engage in the 
     sale of vehicles.''.
       (2) Conforming amendment.--Section 36C(g)(3)(iii), as added 
     by subsection (a), is amended by striking ``, and (k)'' and 
     inserting ``(k), and (l)''.
       (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 acquired 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) $2,000, plus
       ``(2) the supplemental credit amount.
       ``(b) Supplemental Credit Amount.--For purposes of 
     subsection (a), the term `supplemental credit amount' means--
       ``(1) $2,000, 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 
     has a gasoline tank capacity not greater than 2.5 gallons, 
     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 
     and has a gasoline tank capacity not greater than 2.5 
     gallons, and
       ``(2) $0 in any other case.
       ``(c) Limitations.--
       ``(1) Sale price.--The credit allowed under subsection (a) 
     with respect to sale of a vehicle shall not exceed 50 percent 
     of the sale price.
       ``(2) Limitation based on modified 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 lesser of--
       ``(A) the taxpayer's modified adjusted gross income for 
     such taxable year, or
       ``(B) the taxpayer's modified adjusted gross income for the 
     preceding taxable year, 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 
     paragraph (1) or (2).
       ``(d) 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 years 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, and
       ``(D) which meets the requirements of subparagraphs (C), 
     (D), (E), (F), (G), (H), and (I) of section 36C(e)(1) 
     (determined by applying `previously-owned qualified plug-in 
     electric drive motor vehicle' for `new qualified plug-in 
     electric drive motor vehicle'), or which is a new qualified 
     fuel cell motor vehicle (as defined in subparagraphs (A) and 
     (B) of section 30B(b)(3)) which has a gross vehicle weight 
     rating of less than 14,000 pounds.
       ``(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.
       ``(e) 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.
       ``(f) Application of Certain Rules.--For purposes of this 
     section, rules similar to the rules of paragraphs (1), (2), 
     (4), (5), and (6) of section 36C(f) shall apply for purposes 
     of this section.
       ``(g) 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.
       ``(h) 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 (3), (4), and (5) of 
     section 21(h) shall apply for purposes of this section.
       ``(i) Transfer of Credit.--Rules similar to the rules of 
     section 36C(k) shall apply.
       ``(j) 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

[[Page H6519]]

     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.--
       ``(1) In general.--The amount determined under this 
     subsection with respect to any qualified commercial electric 
     vehicle shall be equal to the lesser of--
       ``(A) 15 percent of the basis of such vehicle (30 percent 
     in the case of a vehicle not powered by a gasoline or diesel 
     internal combustion engine), or
       ``(B) the incremental cost of such vehicle.
       ``(2) Incremental cost.--For purposes of paragraph (1)(B), 
     the incremental cost of any qualified commercial electric 
     vehicle is an amount equal to the excess of the purchase 
     price for such vehicle over such price of a comparable 
     vehicle.
       ``(3) Comparable vehicle.--For purposes of this paragraph, 
     the term `comparable vehicle' means, with respect to any 
     qualified commercial electric vehicle, any vehicle which is 
     powered solely by a gasoline or diesel internal combustion 
     engine and which is comparable in size and use to such 
     vehicle.
       ``(4) Vehicles for lease to individuals.--
       ``(A) In general.--In the case of a commercial electric 
     vehicle which is acquired by the taxpayer for the purpose of 
     leasing such vehicle to any individual, the amount determined 
     under this subsection with respect to such vehicle shall, at 
     the election of such taxpayer, be equal to the amount of the 
     credit that would otherwise be allowed under section 36C(a) 
     with respect to such vehicle, as determined as if such 
     vehicle--
       ``(i) is a new qualified plug-in electric drive motor 
     vehicle, and
       ``(ii) has been acquired and placed in service by an 
     individual.
       ``(B) Election requirements.--
       ``(i) In general.--An election under subparagraph (A) shall 
     be made at such time and in such manner as the Secretary 
     prescribes by regulations or other guidance.
       ``(ii) Disclosure requirement.--For purposes of any 
     regulations or other guidance prescribed under clause (i), 
     the Secretary shall require that, as a condition of an 
     election under subparagraph (A), the taxpayer making such 
     election shall be required to disclose to the lessee of the 
     commercial electric vehicle the value of the credit allowed 
     under this section.
       ``(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 or the requirements of section 36C(d), 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) and is manufactured primarily for use on public 
     streets, roads, and highways (not including a vehicle 
     operated exclusively on a rail or rails), or
       ``(B) is mobile machinery, as defined in section 4053(8) 
     (including vehicles that are not designed to perform a 
     function of transporting a load over the public highways),
       ``(3) either--
       ``(A) is propelled to a significant extent by an electric 
     motor which draws electricity from a battery which has a 
     capacity of not less than 15 kilowatt hours and is capable of 
     being recharged from an external source of electricity, or
       ``(B) 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.--Subject to paragraph (2), rules similar 
     to the rules under subsection (f) of section 36C shall apply 
     for purposes of this section.
       ``(2) Recapture.--The Secretary shall, by regulations or 
     other guidance, provide for recapturing the benefit of any 
     credit allowed under subsection (a) with respect to any 
     property which ceases to be property eligible for such 
     credit, including regulations or other guidance which, in the 
     case of any commercial electric vehicle for which an election 
     was made under subsection (b)(4)--
       ``(A) recaptures the credit allowed under subsection (a) 
     if--
       ``(i) such vehicle was not leased to an individual, or
       ``(ii) the taxpayer failed to comply with the requirements 
     described in subsection (b)(4)(B)(ii), and
       ``(B) in the case of a commercial electric vehicle which is 
     leased by an individual whose modified adjusted gross income 
     exceeds the threshold amount under section 36C(c)(2), 
     recaptures so much of the credit allowed under subsection (a) 
     as exceeds the amount of the credit which would have 
     otherwise been allowable under such subsection if, for 
     purposes of subsection (b)(4)(A), the amount of the credit 
     that would otherwise be allowed under section 36C(a) with 
     respect to such vehicle had been determined as if such 
     vehicle was acquired and placed in service by such individual 
     and subject to reduction under section 36C(c).
       ``(3) Vehicles placed in service by tax-exempt entities.--
     Subsection (c)(4) shall not apply to any vehicle which is not 
     subject to a lease and which is placed in service by a tax-
     exempt entity described in clause (i), (ii), or (iv) of 
     section 168(h)(2)(A).
       ``(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) Elective Payment of Credit in Case of Certain Tax-
     exempt Entities.--Section 6417(b), as amended by the 
     preceding provisions of this Act, is amended by adding at the 
     end the following new paragraph:
       ``(9) In the case of a tax-exempt entity described in 
     clause (i), (ii), or (iv) of section 168(h)(2)(A), the credit 
     for qualified commercial vehicles determined under section 
     45Y by reason of subsection (d)(2) thereof.''.
       (c) 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.''.
       (d) 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) Conforming Amendment.--Section 30B(g) is amended to 
     read as follows:
       ``(g) 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) 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 (6 percent in the case of property of a 
     character subject to depreciation)'',
       (B) by striking the period at the end and inserting ``, 
     plus'', and
       (C) by adding at the end the following new paragraph:
       ``(2) 4 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 fuel 
     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 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 to read as follows:
       ``(c) Qualified Alternative Fuel Vehicle Refueling 
     Property.--For purposes of this section--
       ``(1) In general.--The term `qualified alternative fuel 
     vehicle refueling property' has the same meaning as the term 
     `qualified clean-fuel vehicle refueling property' would have 
     under section 179A if--
       ``(A) paragraph (1) of section 179A(d) did not apply to 
     property installed on property which is used as the principal 
     residence (within the meaning of section 121) of the 
     taxpayer, and
       ``(B) only the following were treated as clean-burning 
     fuels for purposes of section 179A(d):
       ``(i) Any fuel at least 85 percent of the volume of which 
     consists of one or more of the following: ethanol, natural 
     gas, compressed natural gas, liquified natural gas, liquefied 
     petroleum gas, or hydrogen.
       ``(ii) Any mixture--

       ``(I) which consists of two or more of the following: 
     biodiesel (as defined in section 40A(d)(1)), diesel fuel (as 
     defined in section 4083(a)(3)), or kerosene, and

[[Page H6520]]

       ``(II) at least 20 percent of the volume of which consists 
     of biodiesel (as so defined) determined without regard to any 
     kerosene in such mixture.

       ``(iii) Electricity.
       ``(2) Bidirectional charging equipment.--Property shall not 
     fail to be treated as qualified alternative fuel 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) Increased credit amount.--
       ``(A) In general.--In the case of any qualified alternative 
     fuel vehicle refueling project which satisfies the 
     requirements of subparagraph (C), the amount of the credit 
     determined under subsection (a) for property of a character 
     subject to an allowance for depreciation shall be equal to 
     such amount multiplied by 5 (determined without regard to 
     this sentence).
       ``(B) Qualified alternative fuel vehicle refueling 
     project.--For purposes of this subsection, the term 
     `qualified alternative fuel vehicle refueling project' means 
     a project consisting of multiple properties that are part of 
     a single project. The requirements of this paragraph shall be 
     applied to such project.
       ``(C) Project requirements.--A project meets the 
     requirements of this subparagraph if it is one of the 
     following:
       ``(i) A project the construction of which begins prior to 
     the date that is 60 days after the Secretary publishes 
     guidance with respect to the requirements of paragraphs (2) 
     and (3).
       ``(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 project 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.--Rules similar to the rules of clauses (i) 
     through (iv) of section 45(b)(7)(B) shall apply.
       ``(3) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.
       ``(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, including regulations or other guidance 
     which provides for requirements for recordkeeping or 
     information reporting for purposes of establishing the 
     requirements 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 direct or indirect 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, a qualified parking facility, 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 Amendments.--
       (1) Section 132(f)(1)(D) is amended by striking 
     ``reimbursement'' and inserting ``benefit''.
       (2) Section 274(l) is amended by striking paragraph (2).
       (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 30 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 $3,000.
       ``(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.--
     The credit allowed under subsection (a) 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 modified adjusted gross income taken 
     into account.--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 $4,000, 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

[[Page H6521]]

     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.
       ``(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 bicycle.
       ``(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 or 
     other guidance, 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 (3), (4), and (5) of 
     section 21(h) shall apply for purposes of this section.
       ``(g) Transfer of Credit.--
       ``(1) In general.--Subject to such regulations or other 
     guidance as the Secretary determines necessary or 
     appropriate, if the taxpayer who acquires a qualified 
     electric bicycle after December 31, 2022 elects the 
     application of this subsection with respect to such qualified 
     electric bicycle, the credit which would (but for this 
     subsection) be allowed to such taxpayer with respect to such 
     qualified electric bicycle shall be allowed to the eligible 
     entity specified in such election (and not to such taxpayer).
       ``(2) Eligible entity.--For purposes of this paragraph, the 
     term `eligible entity' means, with respect to the qualified 
     electric bicycle for which the credit is allowed under 
     subsection (a), the retailer which sold such qualified 
     electric bicycle to the taxpayer and has--
       ``(A) subject to paragraph (4), 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 (1) and 
     no later than at the time of such sale, disclosed to the 
     taxpayer purchasing such qualified electric bicycle--
       ``(i) the retail price,
       ``(ii) the value of the credit allowed or other incentive 
     available for the purchase of such qualified electric 
     bicycle,
       ``(iii) all fees associated with the purchase of such 
     qualified electric bicycle, and
       ``(iv) the amount provided by the retailer to such taxpayer 
     as a condition of the election described in paragraph (1),
       ``(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 qualified electric bicycle) 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 qualified electric bicycle for which a 
     credit is allowed under this section, including any incentive 
     in the form of a rebate or discount provided by the retailer 
     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 (1), and
       ``(ii) such election shall not limit the value or use of 
     such incentive.
       ``(3) Timing.--An election described in paragraph (1) shall 
     be made by the taxpayer not later than the date on which the 
     qualified electric bicycle for which the credit is allowed 
     under subsection (a) is purchased.
       ``(4) Revocation of registration.--Upon determination by 
     the Secretary that a retailer has failed to comply with the 
     requirements described in paragraph (2), the Secretary may 
     revoke the registration (as described in subparagraph (A) of 
     such paragraph) of such retailer.
       ``(5) Tax treatment of payments.--With respect to any 
     payment described in paragraph (2)(C), such payment--
       ``(A) shall not be includible in the gross income of the 
     taxpayer, and
       ``(B) with respect to the retailer, shall not be deductible 
     under this title.
       ``(6) Application of certain other requirements.--In the 
     case of any election under paragraph (1) with respect to any 
     qualified electric bicycle--
       ``(A) the amount of the reduction under subsection (b) 
     shall be determined with respect to the modified adjusted 
     gross income of the taxpayer for the taxable year preceding 
     the taxable year in which such qualified electric bicycle was 
     acquired (and not with respect to such income for the taxable 
     year in which such qualified electric bicycle was acquired),
       ``(B) the requirements of paragraphs (1) and (2) of 
     subsection (e) shall apply to the taxpayer who acquired the 
     qualified electric bicycle in the same manner as if the 
     credit determined under this section with respect to such 
     qualified electric bicycle were allowed to such taxpayer, and
       ``(C) subsection (e)(5) shall not apply.
       ``(7) Advance payment to registered retailers.--
       ``(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 qualified electric 
     bicycles 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)(7) shall apply for purposes of this 
     paragraph.
       ``(8) Retailer.--For purposes of this subsection, the term 
     `retailer' means a person engaged in the trade or business of 
     selling qualified electric bicycles in a State, the District 
     of Columbia, the Commonwealth of Puerto Rico, any other 
     territory or possession of the United States, an Indian 
     tribal government (as defined in section 48(e)(4)(F)(ii)), or 
     any Alaska Native Corporation (as defined in section 3 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)).
       ``(h) Termination.--This section shall not apply to 
     bicycles placed in service after December 31, 2025.''.
       (b) Conforming Amendments.--
       (1) Section 1016(a) is amended by striking ``and'' at the 
     end of paragraph (38), by striking the period at the end of 
     paragraph (39) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(40) to the extent provided in section 36E(f)(1).''.
       (2) Section 6211(b)(4)(A) of such Code is amended by 
     inserting ``36E by reason of subsection (c)(2) thereof,'' 
     before ``32,''.
       (3) 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(d) (relating to electric 
     bicycles credit) to be included on a return.''.
       (4) Section 6501(m) is amended by inserting ``36E(f)(4),'' 
     after ``35(g)(11),''.
       (5) Section 1324(b)(2) of title 31, United States Code, is 
     amended by inserting ``36E,'' after ``36D,''.
       (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 December 31, 
     2021, in taxable years ending after such date.

      PART 5--INVESTMENT IN THE GREEN WORKFORCE AND MANUFACTURING

     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 270 days after the date 
     of enactment of this subsection, the Secretary 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 $5,000,000,000 for each 
     of calendar years

[[Page H6522]]

     2022 through 2023, $1,875,000,000 for each of calendar years 
     2024 through 2031, and zero thereafter.
       ``(ii) Amount set aside for automotive communities.--

       ``(I) In general.--For purposes of clause (i), $800,000,000 
     of the annual credit limitation for each of calendar years 
     2022 through 2023 and $300,000,000 for each of calendar years 
     2024 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.

       ``(iii) Amount set aside for energy communities.--For 
     purposes of clause (i), $800,000,000 of the annual credit 
     limitation for each of calendar years 2022 through 2023 and 
     $300,000,000 for each of calendar years 2024 through 2031 
     shall be allocated to qualified investments located within 
     energy communities (as defined in section 45(b)(11)(B)).
       ``(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 
     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,
       ``(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.--
       ``(A) Base rate.--For purposes of allocations under this 
     subsection, the amount of the credit determined under 
     subsection (a) shall be determined by substituting `6 
     percent' for `30 percent'.
       ``(B) Alternative rate.--In the case of any project which 
     satisfies the requirements of paragraphs (7) and (8), the 
     amount of the credit determined under subsection (a) (after 
     application of subparagraph (A)) shall be equal to such 
     amount multiplied by 5.
       ``(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 a 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.--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 clauses (i) through 
     (iv) of section 45(b)(7)(B) shall apply, and
       ``(ii) if the failure to satisfy the requirement under 
     subparagraph (A) is not corrected pursuant to the rules 
     described in clause (i), the certification with respect to 
     the re-equipping, expansion, or establishment of a 
     manufacturing facility shall no longer be valid.
       ``(8) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.''.
       (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 vehicles and bicycles.--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 sections 36C and 45Y, and bicycles 
     described in section 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) Denial of Double Benefit.--48C(f), as redesignated by 
     this section, is amended by striking ``or 48B'' and inserting 
     ``48B, 48F, 45Q, or 45X''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2022.

     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 2 
     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) Wage and Apprenticeship Requirements.--
       ``(1) In general.--In the case of any project which meets 
     the prevailing wage and apprenticeship requirements of this 
     subsection, the amount of credit determined under subsection 
     (a) shall be multiplied by 5.
       ``(2) Wage requirements.--Rules similar to the rules of 
     section 45(b)(7)(A) and clauses (i) through (iv) of section 
     45(b)(7)(B) shall apply.
       ``(3) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.
       ``(d) Termination.--This section shall not apply to 
     mechanical insulation labor costs paid or incurred after 
     December 31, 2025.''.
       (b) Credit Allowed as Part of General Business Credit.--
     Section 38(b), as amended by

[[Page H6523]]

     the preceding provisions of this Act, is further amended by 
     striking ``plus'' at the end of paragraph (36), by striking 
     the period at the end of paragraph (37) and inserting ``, 
     plus'', and by adding at the end the following new paragraph:
       ``(38) 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.

     SEC. 136503. ADVANCED MANUFACTURING INVESTMENT CREDIT.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 is amended by inserting after section 48D the 
     following new section:

     ``SEC. 48E. ADVANCED MANUFACTURING INVESTMENT CREDIT.

       ``(a) Establishment of Credit.--
       ``(1) In general.--For purposes of section 46, the advanced 
     manufacturing investment credit for any taxable year is an 
     amount equal to the applicable percentage of the qualified 
     investment for such taxable year with respect to any advanced 
     manufacturing facility.
       ``(2) Applicable percentage.--
       ``(A) Base amount.--In the case of any advanced 
     manufacturing facility which does not satisfy the 
     requirements described in clauses (i) and (ii) of 
     subparagraph (B), the applicable percentage shall be 5 
     percent.
       ``(B) Alternative amount.--In the case of any advanced 
     manufacturing facility which--
       ``(i) subject to subparagraph (B) of subsection (c)(2), 
     satisfies the requirements under subparagraph (A) of such 
     subsection, and
       ``(ii) with respect to the construction of such facility, 
     satisfies the apprenticeship requirements under subsection 
     (c)(3),
     the applicable percentage shall be 25 percent.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a)(1), the 
     qualified investment with respect to any advanced 
     manufacturing facility for any taxable year is the basis of 
     any qualified property placed in service by the taxpayer 
     during such taxable year which is part of an advanced 
     manufacturing facility.
       ``(2) Qualified property.--
       ``(A) In general.--For purposes of this subsection, the 
     term `qualified property' means property--
       ``(i) which is tangible property,
       ``(ii) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable,
       ``(iii) which is--

       ``(I) constructed, reconstructed, or erected by the 
     taxpayer, or
       ``(II) acquired by the taxpayer if the original use of such 
     property commences with the taxpayer, and

       ``(iv) which is integral to the operation of the advanced 
     manufacturing facility.
       ``(B) Buildings and structural components.--
       ``(i) In general.--The term `qualified property' includes 
     any building or its structural components which otherwise 
     satisfy the requirements under subparagraph (A).
       ``(ii) Exception.--Clause (i) shall not apply with respect 
     to a building or portion of a building used for offices, 
     administrative services or other functions unrelated to 
     manufacturing.
       ``(3) Advanced manufacturing facility.--For purposes of 
     this subpart, the term `advanced manufacturing facility' 
     means a facility for which the primary purpose is the 
     manufacturing of semiconductors or semiconductor tooling 
     equipment.
       ``(4) Coordination with rehabilitation credit.--The 
     qualified investment with respect to any advanced 
     manufacturing facility for any taxable year shall not include 
     that portion of the basis of any property which is 
     attributable to qualified rehabilitation expenditures (as 
     defined in section 47(c)(2)).
       ``(c) Special Rules.--
       ``(1) Certain progress expenditure 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 date of the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of subsection (a).
       ``(2) Wage requirements.--
       ``(A) In general.--The requirements described in this 
     subparagraph with respect to any 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 is 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 clauses (i) 
     through (iv) of section 45(b)(7)(B) shall apply.
       ``(C) Recapture.--The Secretary shall, by regulations or 
     other guidance, provide for recapturing the benefit of any 
     increase in the credit allowed under paragraph (2)(B) of 
     subsection (a), with respect to any project which does not 
     satisfy the requirements under subparagraph (A) (after 
     application of subparagraph (B)) for the period described in 
     clause (ii) of subparagraph (A) (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).
       ``(3) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.
       ``(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 section, including regulations or other guidance 
     which provides for requirements for recordkeeping or 
     information reporting for purposes of establishing the 
     requirements of this section.
       ``(d) Termination of Credit.--The credit allowed under this 
     section shall not apply to facilities or property the 
     construction of which begins after December 31, 2025.''.
       (b) Elective Payment of Credit.--Section 6417(b), as 
     amended by the preceding provisions of this Act, is amended 
     by adding at the end the following new paragraph:
       ``(10) The advanced manufacturing investment credit 
     determined under section 48E.''.
       (c) Conforming Amendments.--
       (1) Section 46 is amended--
       (A) by striking ``and'' at the end of paragraph (6),
       (B) by striking the period at the end of paragraph (7) and 
     inserting ``, and'', and
       (C) by adding at the end the following new paragraph:
       ``(8) the advanced manufacturing investment credit.''.
       (2) Section 49(a)(1)(C) is amended--
       (A) by striking ``and'' at the end of clause (vi),
       (B) by striking the period at the end of clause (vii) and 
     inserting ``, and'', and
       (C) by adding at the end the following new clause:
       ``(viii) the basis of any qualified property (as defined in 
     section 48E(b)(2)) which is part of an advanced manufacturing 
     facility.''.
       (3) Section 50(a)(2)(E) is amended by striking ``or 
     48D(e)'' and inserting ``48D(e), or 48E(c)(1)''.
       (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:

``48E. Advanced manufacturing investment credit.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2021 and, for any property the construction of which begins 
     prior to January 1, 2022, only to the extent of the basis 
     thereof attributable to the construction, reconstruction, or 
     erection after December 31, 2021.

     SEC. 136504. ADVANCED MANUFACTURING PRODUCTION CREDIT.

       (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. 45AA. ADVANCED MANUFACTURING PRODUCTION CREDIT.

       ``(a) In General.--
       ``(1) Allowance of credit.--For purposes of section 38, the 
     advanced manufacturing production credit for any taxable year 
     is an amount equal to the sum of the credit amounts 
     determined under subsection (b) with respect to each eligible 
     component which is--
       ``(A) produced by such taxpayer, and
       ``(B) during the taxable year, sold by the taxpayer to an 
     unrelated person.
       ``(2) Production and sale must be in trade or business.--
     Any eligible component produced and sold by the taxpayer 
     shall be taken into account only if the production and sale 
     described in paragraph (1) is in a trade or business of the 
     taxpayer.
       ``(3) Unrelated person.--For purposes of this subsection, a 
     taxpayer shall be treated as selling components to an 
     unrelated person if such component is sold to such person by 
     a person related to the taxpayer.
       ``(b) Credit Amount.--
       ``(1) In general.--Subject to paragraph (3), the amount 
     determined under this subsection with respect to any eligible 
     component, including any eligible component it incorporates, 
     shall be equal to--
       ``(A) in the case of a thin photovoltaic cell or a 
     crystalline photovoltaic cell, an amount equal to the product 
     of--
       ``(i) 4 cents, multiplied by
       ``(ii) the capacity of such cell (expressed on a per direct 
     current watt basis),
       ``(B) in the case of a photovoltaic wafer, $12 per square 
     meter,
       ``(C) in the case of solar grade polysilicon, $3 per 
     kilogram,
       ``(D) in the case of a solar module, an amount equal to the 
     product of--

[[Page H6524]]

       ``(i) 7 cents, multiplied by
       ``(ii) the capacity of such module (expressed on a per 
     direct current watt basis), and
       ``(E) in the case of a wind energy component, an amount 
     equal to the product of--
       ``(i) the applicable amount with respect to such component, 
     multiplied by
       ``(ii) the total rated capacity (expressed on a per watt 
     basis) of the completed wind turbine for which such component 
     is designed.
       ``(2) Applicable amount.--For purposes of paragraph (1)(E), 
     the applicable amount with respect to any wind energy 
     component shall be--
       ``(A) in the case of a blade, 2 cents,
       ``(B) in the case of a nacelle, 5 cents,
       ``(C) in the case of a tower, 3 cents, and
       ``(D) in the case of an offshore wind foundation--
       ``(i) which uses a fixed platform, 2 cents, or
       ``(ii) which uses a floating platform, 4 cents.
       ``(3) Phase out.--
       ``(A) In general.--In the case of any eligible component 
     sold after December 31, 2026, the amount determined under 
     this subsection with respect to such component shall be equal 
     to the product of--
       ``(i) the amount determined under paragraph (1) with 
     respect to such component, as determined without regard to 
     this paragraph, multiplied by
       ``(ii) the phase out percentage under subparagraph (B).
       ``(B) Phase out percentage.--The phase out percentage under 
     this subparagraph is equal to--
       ``(i) in the case of an eligible component sold during 
     calendar year 2027, 75 percent,
       ``(ii) in the case of an eligible component sold during 
     calendar year 2028, 50 percent,
       ``(iii) in the case of an eligible component sold during 
     calendar year 2029, 25 percent,
       ``(iv) in the case of an eligible component sold after 
     December 31, 2029, 0 percent.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible component.--
       ``(A) In general.--The term `eligible component' means--
       ``(i) any solar energy component, and
       ``(ii) any wind energy component.
       ``(B) Application with other credits.--The term `eligible 
     component' shall not include any property which is produced 
     at a facility if the basis of any property which is part of 
     such facility is taken into account for purposes of the 
     credit allowed under section 48C or 48E after the date of the 
     enactment of this section.
       ``(2) Solar energy component.--
       ``(A) In general.--The term `solar energy component' means 
     any of the following:
       ``(i) Solar modules.
       ``(ii) Photovoltaic cells.
       ``(iii) Photovoltaic wafers.
       ``(iv) Solar grade polysilicon.
       ``(B) Associated definitions.--
       ``(i) Photovoltaic cell.--The term `photovoltaic cell' 
     means the smallest semiconductor element of a solar module 
     which performs the immediate conversion of light into 
     electricity.
       ``(ii) Photovoltaic wafer.--The term `photovoltaic wafer' 
     means a thin slice, sheet, or layer of semiconductor material 
     of at least 240 square centimeters produced by a single 
     manufacturer--

       ``(I) either--

       ``(aa) directly from molten or evaporated solar grade 
     polysilicon or deposition of solar grade thin film 
     semiconductor photon absorber layer, or
       ``(bb) through formation of an ingot from molten 
     polysilicon and subsequent slicing, and

       ``(II) which comprises the substrate or absorber layer of 
     one or more photovoltaic cells.

       ``(iii) Solar grade polysilicon.--The term `solar grade 
     polysilicon' means silicon which is--

       ``(I) suitable for use in photovoltaic manufacturing, and
       ``(II) purified to a minimum purity of 99.999999 percent 
     silicon by mass.

       ``(iv) Solar module.--The term `solar module' means the 
     connection and lamination of photovoltaic cells into an 
     environmentally protected final assembly which is--

       ``(I) suitable to generate electricity when exposed to 
     sunlight, and
       ``(II) ready for installation without an additional 
     manufacturing process.

       ``(3) Wind energy component.--
       ``(A) In general.--The term `wind energy component' means 
     any of the following:
       ``(i) Blades.
       ``(ii) Nacelles.
       ``(iii) Towers.
       ``(iv) Offshore wind foundations.
       ``(B) Associated definitions.--
       ``(i) Blade.--The term `blade' means an airfoil-shaped 
     blade which is responsible for converting wind energy to low-
     speed rotational energy.
       ``(ii) Offshore wind foundation.--The term `offshore wind 
     foundation' means the component which secures an offshore 
     wind tower and any above-water turbine components to the 
     seafloor using--

       ``(I) fixed platforms, such as offshore wind monopiles, 
     jackets, or gravity-based foundations, or
       ``(II) floating platforms and associated mooring systems.

       ``(iii) Nacelle.--The term `nacelle' means the assembly of 
     the drivetrain and other tower-top components of a wind 
     turbine (with the exception of the blades and the hub) within 
     their cover housing.
       ``(iv) Tower.--The term `tower' means a tubular or lattice 
     structure which supports the nacelle and rotor of a wind 
     turbine.
       ``(d) Special Rules.--In this section--
       ``(1) Related persons.--Persons shall be treated as related 
     to each other if such persons would be treated as a single 
     employer under the regulations prescribed under section 
     52(b).
       ``(2) Only production in the united states taken into 
     account.--Sales shall be taken into account under this 
     section only with respect to eligible components the 
     production of which is within--
       ``(A) the United States (within the meaning of section 
     638(1)), or
       ``(B) a possession of the United States (within the meaning 
     of section 638(2)).
       ``(3) Pass-thru in the case of estates and trusts.--Under 
     regulations prescribed by the Secretary, rules similar to the 
     rules of subsection (d) of section 52 shall apply.
       ``(4) Credit equal to 10 percent of the credit amount for 
     union facilities.--In the case of a facility 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), for purposes of 
     determining the amount of the credit under subsection (a) 
     with respect to eligible components produced by such 
     facility, the applicable amount under subsection (b) of such 
     subsection shall be increased by an amount equal to 10 
     percent of the amount otherwise in effect under such 
     subsection.
       ``(5) Sale of integrated components.--For purposes of this 
     section, a person shall be treated as having sold an eligible 
     component if such component is integrated, incorporated, or 
     assembled into another eligible component which is sold to an 
     unrelated person.''.
       (b) Elective Payment of Credit.--Section 6417(b), as 
     amended by the preceding provisions of this Act, is amended 
     by adding at the end the following new paragraph:
       ``(11) The credit for advanced manufacturing production 
     under section 45AA.''.
       (c) Conforming Amendments.--
       (1) Section 38(b) of the Internal Revenue Code of 1986 is 
     amended--
       (A) in paragraph (37), by striking ``plus'' at the end,
       (B) in paragraph (38), by striking the period at the end 
     and inserting ``, plus'', and
       (C) by adding at the end the following new paragraph:
       ``(39) the advanced manufacturing production credit 
     determined under section 45AA(a).''.
       (2) 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. 45AA. Advanced manufacturing production credit.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to components produced and sold after December 
     31, 2021.

                     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 36F the following 
     new section:

     ``SEC. 36G. 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 shall select 
     applications on the basis of the following criteria:

[[Page H6525]]

       ``(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) Gross-up of Payments in Case of Sequestration.--In the 
     case of any payment made as a refund due to an overpayment as 
     a result of section 36G 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 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,''.
       (d) 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 36F the following new 
     item:

``Sec. 36G. Qualified environmental justice programs.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2022.

                           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 June 30, 2022.''.
       (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 July 1, 2022.

   PART 8--INCENTIVES FOR CLEAN ELECTRICITY AND CLEAN TRANSPORTATION

     SEC. 136801. CLEAN ELECTRICITY PRODUCTION CREDIT.

       (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. 45BB. CLEAN ELECTRICITY PRODUCTION CREDIT.

       ``(a) Amount of Credit.--
       ``(1) In general.--For purposes of section 38, the clean 
     electricity production credit for any taxable year is an 
     amount equal to the product of--
       ``(A) the kilowatt hours of electricity--
       ``(i) produced by the taxpayer at a qualified facility, and
       ``(ii)(I) sold by the taxpayer to an unrelated person 
     during the taxable year, or
       ``(II) in the case of a qualified facility which is 
     equipped with a metering device which is owned and operated 
     by an unrelated person, sold, consumed, or stored by the 
     taxpayer during the taxable year, multiplied by
       ``(B) the applicable amount with respect to such qualified 
     facility.
       ``(2) Applicable amount.--
       ``(A) Base amount.--Subject to subsection (g)(7), in the 
     case of any qualified facility which is not described in 
     clause (i) of subparagraph (B) and does not satisfy the 
     requirements described in clause (ii) of such subparagraph, 
     the applicable amount shall be 0.3 cents.
       ``(B) Alternative amount.--Subject to subsection (g)(7), in 
     the case of any qualified facility--
       ``(i) with a maximum net output of less than 1 megawatt, or
       ``(ii) which--

       ``(I) satisfies the requirements under paragraph (9) of 
     subsection (g), and
       ``(II) with respect to the construction of such facility, 
     satisfies the requirements under paragraph (10) of subsection 
     (g),

     the applicable amount shall be 1.5 cents.
       ``(b) Qualified Facility.--
       ``(1) In general.--
       ``(A) Definition.--Subject to subparagraphs (B), (C), and 
     (D), the term `qualified facility' means a facility owned by 
     the taxpayer--
       ``(i) which is used for the generation of electricity,
       ``(ii) the construction of which begins after December 31, 
     2026, and
       ``(iii) for which the greenhouse gas emissions rate (as 
     determined under paragraph (2)) is not greater than zero.
       ``(B) 10-year production credit.--For purposes of this 
     section, a facility shall only be treated as a qualified 
     facility during the 10-year period beginning on the date the 
     facility was originally placed in service.
       ``(C) Expansion of facility; incremental production.--The 
     term `qualified facility' shall include either of the 
     following in connection with a facility described in 
     subparagraph (A) (without regard to clause (ii) of such 
     subparagraph) the construction of which begins before January 
     1, 2027, but only to the extent of the increased amount of 
     electricity produced at the facility by reason of the 
     following:
       ``(i) A new unit the construction of which begins after 
     December 31, 2026.
       ``(ii) Any additions of capacity the construction of which 
     begins after December 31, 2026.
       ``(D) Coordination with other credits.--The term `qualified 
     facility' shall not include any facility for which a credit 
     determined under section 45, 45J, 45Q, 48, 48A, or 48F is 
     allowed under section 38 for the taxable year or any prior 
     taxable year.
       ``(2) Greenhouse gas emissions rate.--
       ``(A) In general.--For purposes of this section, the term 
     `greenhouse gas emissions rate' means the amount of 
     greenhouse gases emitted into the atmosphere by a facility in 
     the production of electricity, expressed as grams of 
     CO2e per KWh.
       ``(B) Fuel combustion and gasification.--In the case of a 
     facility which produces electricity through combustion or 
     gasification, the greenhouse gas emissions rate for such 
     facility shall be equal to the net rate of greenhouse gases 
     emitted into the atmosphere by such facility (taking into 
     account lifecycle greenhouse gas emissions, as described in 
     section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 
     7545(o)(1)(H))) in the production of electricity, expressed 
     as grams of CO2e per KWh.
       ``(C) Establishment of emissions rates for facilities.--
       ``(i) Publishing emissions rates.--The Secretary shall 
     annually publish a table that sets forth the greenhouse gas 
     emissions rates for types or categories of facilities, which 
     a taxpayer shall use for purposes of this section.
       ``(ii) Provisional emissions rate.--In the case of any 
     facility for which an emissions rate has not been established 
     by the Secretary, a taxpayer which owns such facility may 
     file a petition with the Secretary for determination of the 
     emissions rate with respect to such facility.
       ``(D) Carbon capture and sequestration equipment.--For 
     purposes of this subsection, the amount of greenhouse gases 
     emitted into the atmosphere by a facility in the production 
     of electricity shall not include any qualified carbon dioxide 
     that is captured by the taxpayer and--
       ``(i) pursuant to any regulations established under 
     paragraph (2) of section 45Q(f), disposed

[[Page H6526]]

     of by the taxpayer in secure geological storage, or
       ``(ii) utilized by the taxpayer in a manner described in 
     paragraph (5) of such section.
       ``(c) Inflation Adjustment.--
       ``(1) In general.--In the case of a calendar year beginning 
     after 2021, the 0.3 cent amount in paragraph (2)(A) of 
     subsection (a) and the 1.5 cent amount in paragraph (2)(B) of 
     such subsection shall each be adjusted by multiplying such 
     amount by the inflation adjustment factor for the calendar 
     year in which the sale or use of the electricity occurs. If 
     the 0.3 cent amount as increased under this paragraph is not 
     a multiple of 0.05 cent, such amount shall be rounded to the 
     nearest multiple of 0.05 cent. If the 1.5 cent amount as 
     increased under this paragraph is not a multiple of 0.1 cent, 
     such amount shall be rounded to the nearest multiple of 0.1 
     cent.
       ``(2) Annual computation.--The Secretary shall, not later 
     than April 1 of each calendar year, determine and publish in 
     the Federal Register the inflation adjustment factor for such 
     calendar year in accordance with this subsection.
       ``(3) Inflation adjustment factor.--The term `inflation 
     adjustment factor' means, with respect to a calendar year, a 
     fraction the numerator of which is the GDP implicit price 
     deflator for the preceding calendar year and the denominator 
     of which is the GDP implicit price deflator for the calendar 
     year 1992. The term `GDP implicit price deflator' means the 
     most recent revision of the implicit price deflator for the 
     gross domestic product as computed and published by the 
     Department of Commerce before March 15 of the calendar year.
       ``(d) Credit Phase-Out.--
       ``(1) In general.--The amount of the clean electricity 
     production credit under subsection (a) for any qualified 
     facility the construction of which begins during a calendar 
     year described in paragraph (2) shall be equal to the product 
     of--
       ``(A) the amount of the credit determined under subsection 
     (a) without regard to this subsection, multiplied by
       ``(B) the phase-out percentage under paragraph (2).
       ``(2) Phase-out percentage.--The phase-out percentage under 
     this paragraph is equal to--
       ``(A) for a facility the construction of which begins 
     during the first calendar year following the applicable year, 
     100 percent,
       ``(B) for a facility the construction of which begins 
     during the second calendar year following the applicable 
     year, 75 percent,
       ``(C) for a facility the construction of which begins 
     during the third calendar year following the applicable year, 
     50 percent, and
       ``(D) for a facility the construction of which begins 
     during any calendar year subsequent to the calendar year 
     described in subparagraph (C), 0 percent.
       ``(3) Applicable year.--For purposes of this subsection, 
     the term `applicable year' means the later of--
       ``(A) the calendar year in which the Secretary determines 
     that the annual greenhouse gas emissions from the production 
     of electricity in the United States are equal to or less than 
     25 percent of the annual greenhouse gas emissions from the 
     production of electricity in the United States for calendar 
     year 2021, or
       ``(B) 2031.
       ``(e) Definitions.--For purposes of this section:
       ``(1) CO2e per KWh.--The term `CO2e 
     per KWh' means, with respect to any greenhouse gas, the 
     equivalent carbon dioxide (as determined based on global 
     warming potential) per kilowatt hour of electricity produced.
       ``(2) Greenhouse gas.--The term `greenhouse gas' has the 
     same meaning given such term under 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.
       ``(3) Qualified carbon dioxide.--The term `qualified carbon 
     dioxide' means carbon dioxide captured from an industrial 
     source which--
       ``(A) would otherwise be released into the atmosphere as 
     industrial emission of greenhouse gas,
       ``(B) is measured at the source of capture and verified at 
     the point of disposal or utilization, and
       ``(C) is captured and disposed or utilized within the 
     United States (within the meaning of section 638(1)) or a 
     possession of the United States (within the meaning of 
     section 638(2)).
       ``(f) Guidance.--Not later than January 1, 2027, the 
     Secretary shall issue guidance regarding implementation of 
     this section, including calculation of greenhouse gas 
     emission rates for qualified facilities and determination of 
     clean electricity production credits under this section.
       ``(g) Special Rules.--
       ``(1) Only production in the united states taken into 
     account.--Consumption or sales shall be taken into account 
     under this section only with respect to electricity the 
     production of which is within--
       ``(A) the United States (within the meaning of section 
     638(1)), or
       ``(B) a possession of the United States (within the meaning 
     of section 638(2)).
       ``(2) Combined heat and power system property.--
       ``(A) In general.--For purposes of subsection (a)--
       ``(i) the kilowatt hours of electricity produced by a 
     taxpayer at a qualified facility shall include any production 
     in the form of useful thermal energy by any combined heat and 
     power system property within such facility, and
       ``(ii) the amount of greenhouse gases emitted into the 
     atmosphere by such facility in the production of such useful 
     thermal energy shall be included for purposes of determining 
     the greenhouse gas emissions rate for such facility.
       ``(B) Combined heat and power system property.--For 
     purposes of this paragraph, the term `combined heat and power 
     system property' has the same meaning given such term by 
     section 48(c)(3) (without regard to subparagraphs (A)(iv), 
     (B), and (D) thereof).
       ``(C) Conversion from btu to kwh.--
       ``(i) In general.--For purposes of subparagraph (A)(i), the 
     amount of kilowatt hours of electricity produced in the form 
     of useful thermal energy shall be equal to the quotient of--

       ``(I) the total useful thermal energy produced by the 
     combined heat and power system property within the qualified 
     facility, divided by
       ``(II) the heat rate for such facility.

       ``(ii) Heat rate.--For purposes of this subparagraph, the 
     term `heat rate' means the amount of energy used by the 
     qualified facility to generate 1 kilowatt hour of 
     electricity, expressed as British thermal units per net 
     kilowatt hour generated.
       ``(3) Production attributable to the taxpayer.--In the case 
     of a qualified facility in which more than 1 person has an 
     ownership interest, except to the extent provided in 
     regulations prescribed by the Secretary, production from the 
     facility shall be allocated among such persons in proportion 
     to their respective ownership interests in the gross sales 
     from such facility.
       ``(4) Related persons.--Persons shall be treated as related 
     to each other if such persons would be treated as a single 
     employer under the regulations prescribed under section 
     52(b). In the case of a corporation which is a member of an 
     affiliated group of corporations filing a consolidated 
     return, such corporation shall be treated as selling 
     electricity to an unrelated person if such electricity is 
     sold to such a person by another member of such group.
       ``(5) Pass-thru in the case of estates and trusts.--Under 
     regulations prescribed by the Secretary, rules similar to the 
     rules of subsection (d) of section 52 shall apply.
       ``(6) Allocation of credit to patrons of agricultural 
     cooperative.--
       ``(A) Election to allocate.--
       ``(i) In general.--In the case of an eligible cooperative 
     organization, any portion of the credit determined under 
     subsection (a) for the taxable year may, at the election of 
     the organization, be apportioned among patrons of the 
     organization on the basis of the amount of business done by 
     the patrons during the taxable year.
       ``(ii) Form and effect of election.--An election under 
     clause (i) for any taxable year shall be made on a timely 
     filed return for such year. Such election, once made, shall 
     be irrevocable for such taxable year. Such election shall not 
     take effect unless the organization designates the 
     apportionment as such in a written notice mailed to its 
     patrons during the payment period described in section 
     1382(d).
       ``(B) Treatment of organizations and patrons.--The amount 
     of the credit apportioned to any patrons under subparagraph 
     (A)--
       ``(i) shall not be included in the amount determined under 
     subsection (a) with respect to the organization for the 
     taxable year, and
       ``(ii) shall be included in the amount determined under 
     subsection (a) for the first taxable year of each patron 
     ending on or after the last day of the payment period (as 
     defined in section 1382(d)) for the taxable year of the 
     organization or, if earlier, for the taxable year of each 
     patron ending on or after the date on which the patron 
     receives notice from the cooperative of the apportionment.
       ``(C) Special rules for decrease in credits for taxable 
     year.--If the amount of the credit of a cooperative 
     organization determined under subsection (a) for a taxable 
     year is less than the amount of such credit shown on the 
     return of the cooperative organization for such year, an 
     amount equal to the excess of--
       ``(i) such reduction, over
       ``(ii) the amount not apportioned to such patrons under 
     subparagraph (A) for the taxable year,
     shall be treated as an increase in tax imposed by this 
     chapter on the organization. Such increase shall not be 
     treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this chapter.
       ``(D) Eligible cooperative defined.--For purposes of this 
     section, the term `eligible cooperative' means a cooperative 
     organization described in section 1381(a) which is owned more 
     than 50 percent by agricultural producers or by entities 
     owned by agricultural producers. For this purpose an entity 
     owned by an agricultural producer is one that is more than 50 
     percent owned by agricultural producers.
       ``(7) Increase in credit in certain cases.--
       ``(A) Energy communities.--In the case of any qualified 
     facility which is located in an energy community (as defined 
     in section 45(b)(11)(B)), for purposes of determining the 
     amount of the credit under subsection (a) with respect to any 
     electricity produced by the taxpayer at such facility during 
     the taxable year, the applicable amount under paragraph (2) 
     of such subsection shall be increased by an amount equal to 
     10 percent of the amount otherwise in effect under such 
     paragraph (without application of subparagraph (B)).
       ``(B) Domestic content.--Rules similar to the rules of 
     section 45(b)(9) shall apply.
       ``(8) Credit reduced for tax-exempt bonds.--Rules similar 
     to the rules of section 45(b)(3) shall apply.
       ``(9) Wage requirements.--Rules similar to the rules of 
     section 45(b)(7)(A) and clauses (i) through (iv) of section 
     45(b)(7)(B) shall apply.
       ``(10) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.
       ``(11) Domestic content requirement for elective payment.--
     Rules similar to the rules of section 45(b)(10) shall 
     apply.''.
       (b) Elective Payment of Credit.--Section 6417(b), as 
     amended by preceding provisions of this Act, is amended by 
     adding at the end the following new paragraph:
       ``(12) The clean electricity production credit determined 
     under section 45BB(a).''.
       (c) Election.--Section 6417(c)(3), as amended by the 
     preceding provisions of this Act, is

[[Page H6527]]

     amended by adding at the end the following new subparagraph:
       ``(D) Clean electricity production credit.--In the case of 
     the credit described in subsection (b)(10), any election 
     under this subsection shall--
       ``(i) apply separately with respect to each qualified 
     facility,
       ``(ii) be made for the taxable year in which the facility 
     is placed in service, and
       ``(iii) shall apply to such taxable year and all subsequent 
     taxable years with respect to such facility.''.
       (d) Conforming Amendments.--
       (1) Section 38(b) is amended--
       (A) in paragraph (38), by striking ``plus'' at the end,
       (B) in paragraph (39), by striking the period at the end 
     and inserting ``, plus'', and
       (C) by adding at the end the following new paragraph:
       ``(40) the clean electricity production credit determined 
     under section 45BB(a).''.
       (2) 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. 45BB. Clean electricity production credit.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to facilities placed in service after December 
     31, 2022.

     SEC. 136802. CLEAN ELECTRICITY INVESTMENT CREDIT.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 is amended by inserting after section 48E the 
     following new section:

     ``SEC. 48F. CLEAN ELECTRICITY INVESTMENT CREDIT.

       ``(a) Investment Credit for Qualified Property.--
       ``(1) In general.--For purposes of section 46, the clean 
     electricity investment credit for any taxable year is an 
     amount equal to the applicable percentage of the qualified 
     investment for such taxable year with respect to--
       ``(A) any qualified facility, and
       ``(B) any grid improvement property.
       ``(2) Applicable percentage.--
       ``(A) Qualified facilities.--Subject to paragraph (3)--
       ``(i) Base rate.--In the case of any qualified facility 
     which is not described in subclause (I) of clause (ii) and 
     does not satisfy the requirements described in subclause (II) 
     of such clause, the applicable percentage shall be 6 percent.
       ``(ii) Alternative rate.--In the case of any qualified 
     facility--

       ``(I) with a maximum net output of less than 1 megawatt, or
       ``(II) which--

       ``(aa) satisfies the requirements of subsection (d)(3), and
       ``(bb) with respect to the construction of such facility, 
     satisfies the requirements of subsection (d)(4),
     the applicable percentage shall be 30 percent.
       ``(B) Grid improvement property.--Subject to paragraph 
     (3)--
       ``(i) Base rate.--In the case of any grid improvement 
     property which is not described in subclause (I) of clause 
     (ii) and does not satisfy the requirements described in 
     subclause (II) of such clause, the applicable percentage 
     shall be 6 percent.
       ``(ii) Alternative rate.--In the case of any grid 
     improvement property--

       ``(I) which is energy storage property with a capacity of 
     less than 1 megawatt, or
       ``(II) which--

       ``(aa) satisfies the requirements of subsection (d)(3), and
       ``(bb) with respect to the construction of such property, 
     satisfies rules similar to the rules of section 45(b)(8),
     the applicable percentage shall be 30 percent.
       ``(3) Increase in credit rate in certain cases.--
       ``(A) Energy communities.--
       ``(i) In general.--In the case of any qualified investment 
     with respect to a qualified facility or with respect to grid 
     improvement property which is placed in service within an 
     energy community (as defined in section 45(b)(11)(B)), for 
     purposes applying paragraph (2) with respect to such property 
     or investment, the applicable percentage shall be increased 
     by the applicable credit rate increase.
       ``(ii) Applicable credit rate increase.--For purposes of 
     clause (i), the applicable credit rate increase shall be an 
     amount equal to--

       ``(I) in the case of any qualified investment with respect 
     to a qualified facility described in paragraph (2)(A)(i) or 
     with respect to grid improvement property described in 
     paragraph (2)(B)(i), 2 percentage points, and
       ``(II) in the case of any qualified investment with respect 
     to a qualified facility described in paragraph (2)(A)(ii) or 
     with respect to grid improvement property described in 
     paragraph (2)(B)(ii), 10 percentage points.

       ``(B) Domestic content.--Rules similar to the rules of 
     section 48(a)(12) shall apply.
       ``(b) Qualified Investment With Respect to a Qualified 
     Facility.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment with respect to any qualified facility 
     for any taxable year is the sum of--
       ``(A) the basis of any qualified property placed in service 
     by the taxpayer during such taxable year which is part of a 
     qualified facility, plus
       ``(B) the amount of any expenditures which are--
       ``(i) paid or incurred by the taxpayer for qualified 
     interconnection property--

       ``(I) in connection with a qualified facility which has a 
     maximum net output of not greater than 5 megawatts, and
       ``(II) placed in service during the taxable year of the 
     taxpayer, and

       ``(ii) properly chargeable to capital account of the 
     taxpayer.
       ``(2) Qualified property.--The term `qualified property' 
     means property--
       ``(A) which is--
       ``(i) tangible personal property, or
       ``(ii) other tangible property (not including a building or 
     its structural components), but only if such property is used 
     as an integral part of the qualified facility,
       ``(B) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable, and
       ``(C)(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.
       ``(3) Qualified facility.--
       ``(A) In general.--For purposes of this section, the term 
     `qualified facility' means a facility--
       ``(i) which is used for the generation of electricity,
       ``(ii) the construction of which begins after December 31, 
     2026, and
       ``(iii) for which the anticipated greenhouse gas emissions 
     rate (as determined under subparagraph (B)(ii)) is not 
     greater than zero.
       ``(B) Additional rules.--
       ``(i) Expansion of facility; incremental production.--Rules 
     similar to the rules of section 45BB(b)(1)(C) shall apply for 
     purposes of this paragraph.
       ``(ii) Greenhouse gas emissions rate.--Rules similar to the 
     rules of section 45BB(b)(2) shall apply for purposes of this 
     paragraph.
       ``(C) Exclusion.--The term `qualified facility' shall not 
     include any facility for which--
       ``(i) a renewable electricity production credit determined 
     under section 45,
       ``(ii) an advanced nuclear power facility production credit 
     determined under section 45J,
       ``(iii) a carbon oxide sequestration credit determined 
     under section 45Q,
       ``(iv) a clean electricity production credit determined 
     under section 45BB,
       ``(v) an energy credit determined under section 48,
       ``(vi) a qualifying advanced coal project credit under 
     section 48A, or
       ``(vii) a qualifying electric transmission property credit 
     under section 48D,
     is allowed under section 38 for the taxable year or any prior 
     taxable year.
       ``(4) Qualified interconnection property.--For purposes of 
     this paragraph, the term `qualified interconnection property' 
     has the meaning given such term in section 48(a)(8)(B).
       ``(5) Coordination with rehabilitation credit.--The 
     qualified investment with respect to any qualified facility 
     for any taxable year shall not include that portion of the 
     basis of any property which is attributable to qualified 
     rehabilitation expenditures (as defined in section 47(c)(2)).
       ``(6) Definitions.--For purposes of this subsection, the 
     terms `CO2e per KWh' and `greenhouse gas emissions rate' have 
     the same meaning given such terms under section 45BB(b).
       ``(c) Qualified Investment With Respect to Grid Improvement 
     Property.--
       ``(1) In general.--
       ``(A) Qualified investment.--For purposes of subsection 
     (a), the qualified investment with respect to grid 
     improvement property for any taxable year is the basis of any 
     grid improvement property placed in service by the taxpayer 
     during such taxable year.
       ``(B) Grid improvement property.--For purposes of this 
     section, the term `grid improvement property' means any 
     energy storage property.
       ``(2) Energy storage property.--For purposes of this 
     section, the term `energy storage property' has the meaning 
     given such term in section 48(c)(6).
       ``(d) Special Rules.--
       ``(1) Certain progress expenditure 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 date of the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of subsection (a).
       ``(2) Special rule for property financed by subsidized 
     energy financing or private activity bonds.--Rules similar to 
     the rules of section 45(b)(3) shall apply.
       ``(3) Prevailing wage requirements.--Rules similar to the 
     rules of section 48(a)(10) shall apply.
       ``(4) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.
       ``(5) Domestic content requirement for elective payment.--
     Rules similar to the rules of section 45(b)(10) shall apply.
       ``(e) Credit Phase-Out.--
       ``(1) In general.--The amount of the clean electricity 
     investment credit under subsection (a) for any qualified 
     investment with respect to any qualified facility or grid 
     improvement property the construction of which begins during 
     a calendar year described in paragraph (2) shall be equal to 
     the product of--
       ``(A) the amount of the credit determined under subsection 
     (a) without regard to this subsection, multiplied by
       ``(B) the phase-out percentage under paragraph (2).
       ``(2) Phase-out percentage.--The phase-out percentage under 
     this paragraph is equal to--
       ``(A) for any qualified investment with respect to any 
     qualified facility or grid improvement property the 
     construction of which begins during the first calendar year 
     following the applicable year, 100 percent,
       ``(B) for any qualified investment with respect to any 
     qualified facility or grid improvement property the 
     construction of which begins during the second calendar year 
     following the applicable year, 75 percent,

[[Page H6528]]

       ``(C) for any qualified investment with respect to any 
     qualified facility or grid improvement property the 
     construction of which begins during the third calendar year 
     following the applicable year, 50 percent, and
       ``(D) for any qualified investment with respect to any 
     qualified facility or grid improvement property the 
     construction of which begins during any calendar year 
     subsequent to the calendar year described in subparagraph 
     (C), 0 percent.
       ``(3) Applicable year.--For purposes of this subsection, 
     the term `applicable year' has the same meaning given such 
     term in section 45BB(d)(3).
       ``(f) Greenhouse Gas.--In this section, the term 
     `greenhouse gas' has the same meaning given such term under 
     section 45BB(e)(2).
       ``(g) Recapture of Credit.--For purposes of section 50, if 
     the Secretary determines that the greenhouse gas emissions 
     rate for a qualified facility is greater than 10 grams of 
     CO2e per KWh, any property for which a credit was 
     allowed under this section with respect to such facility 
     shall cease to be investment credit property in the taxable 
     year in which the determination is made.
       ``(h) Guidance.--Not later than January 1, 2027, the 
     Secretary shall issue guidance regarding implementation of 
     this section.''.
       (b) Elective Payment of Credit.--Section 6417(b), as 
     amended by preceding provisions of this Act, is amended by 
     adding at the end the following new paragraph:
       ``(13) The clean electricity investment credit determined 
     under section 48F.''.
       (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 clean electricity investment 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 a comma, and
       (C) by adding at the end the following new clauses:
       ``(vi) the basis of any qualified property which is part of 
     a qualified facility under section 48F, and
       ``(vii) the basis of any energy storage property under 
     section 48F.''.
       (3) Section 50(a)(2)(E) is amended by striking ``or 
     48E(c)(1)'' and inserting ``48E(c)(1), or 48F(e)''.
       (4) Section 50(c)(3) is amended by inserting ``or clean 
     electricity investment credit'' after ``In the case of any 
     energy credit''.
       (5) 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 48E the following new item:

``48F. Clean electricity investment credit.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2026, and, for any property the construction of which begins 
     prior to January 1, 2027, only to the extent of the basis 
     thereof attributable to the construction, reconstruction, or 
     erection after December 31, 2026.

     SEC. 136803. INCREASE IN CLEAN ELECTRICITY INVESTMENT CREDIT 
                   FOR FACILITIES PLACED IN SERVICE IN CONNECTION 
                   WITH LOW-INCOME COMMUNITIES.

       (a) In General.--Section 48F, as added by this Act, is 
     amended by adding at the end the following new subsection:
       ``(i) Special Rules for Certain Facilities Placed in 
     Service in Connection With Low-income Communities.--
       ``(1) In general.--In the case of any qualified facility 
     with respect to which the Secretary makes an allocation of 
     environmental justice capacity limitation under paragraph 
     (4)--
       ``(A) the applicable 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
       ``(B) 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 capacity limitation 
     allocated to such facility, bears to
       ``(ii) the total megawatt nameplate capacity of such 
     facility, as measured in direct current.
       ``(2) Qualified facility.--For purposes of this 
     subsection--
       ``(A) In general.--The term `qualified facility' means any 
     facility--
       ``(i) which is described in subsection (b)(3)(A) and not 
     described in section 45BB(b)(2)(B),
       ``(ii) which has a maximum net output of less than 5 
     megawatts, and
       ``(iii) which--

       ``(I) is located in a low-income community (as defined in 
     section 45D(e)) or on Indian land (as defined in section 
     2601(2) of the Energy Policy Act of 1992 (25 U.S.C. 
     3501(2))), 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, a housing program 
     administered by a tribally designated housing entity (as 
     defined in section 4(22) of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4103(22))) 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.--For purposes of this section, the 
     term `eligible property' means a qualified investment with 
     respect to any qualified facility which is described in 
     subsection (b).
       ``(4) Allocations.--
       ``(A) In general.--Not later than January 1, 2027, the 
     Secretary shall establish a program to allocate amounts of 
     environmental justice capacity limitation to qualified 
     facilities.
       ``(B) Limitation.--The amount of environmental justice 
     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 2027 through 2031, and zero thereafter.
       ``(D) Carryover of unused limitation.--
       ``(i) In general.--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.
       ``(ii) Carryover from section 48 for calendar year 2027.--
     If the annual capacity limitation for calendar year 2026 
     under section 48(e)(4)(D) exceeds the aggregate amount 
     allocated for such year under section 48(e)(4)(D), such 
     excess amount may be carried over and applied to the annual 
     capacity limitation under this subsection for calendar year 
     2027. Such limitation shall be increased by the amount of 
     such excess.
       ``(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 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 facilities to allocate environmental justice 
     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, community-based 
     organizations, an Indian tribal government (as defined in 
     section 48(e)(4)(F)(ii)), or any Alaska Native Corporation 
     (as defined in section 3 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602(m)).
       ``(G) Disclosure of allocations.--The Secretary shall, upon 
     making an allocation of environmental justice capacity 
     limitation under this paragraph, publicly disclose the 
     identity of the applicant, the amount of the environmental 
     justice 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

[[Page H6529]]

     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 take effect on January 1, 2027.

     SEC. 136804. COST RECOVERY FOR QUALIFIED FACILITIES, 
                   QUALIFIED PROPERTY, AND GRID IMPROVEMENT 
                   PROPERTY.

       (a) In General.--Section 168(e)(3)(B) is amended--
       (1) in clause (vi)(III), by striking ``and'' at the end,
       (2) in clause (vii), by striking the period at the end and 
     inserting ``, and'', and
       (3) by inserting after clause (vii) the following:
       ``(viii) any qualified facility (as defined in section 
     45BB(b)(1)(A)), any qualified property (as defined in 
     subsection (b)(2) of section 48F) which is a qualified 
     investment (as defined in subsection (b)(1) of such section), 
     or any grid improvement property (as defined in subsection 
     (c)(1)(B) of such section).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to facilities and property placed in service 
     after December 31, 2026.

     SEC. 136805. CLEAN FUEL PRODUCTION CREDIT.

       (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. 45CC. CLEAN FUEL PRODUCTION CREDIT.

       ``(a) Amount of Credit.--
       ``(1) In general.--For purposes of section 38, the clean 
     fuel production credit for any taxable year is an amount 
     equal to the product of--
       ``(A) the applicable amount per gallon (or gallon 
     equivalent) with respect to any transportation fuel which 
     is--
       ``(i) produced by the taxpayer at a qualified facility, and
       ``(ii) sold by the taxpayer in a manner described in 
     paragraph (4) during the taxable year, and
       ``(B) the emissions factor for such fuel (as determined 
     under subsection (b)).
       ``(2) Applicable amount.--
       ``(A) Base amount.--In the case of any transportation fuel 
     produced at a qualified facility which does not satisfy the 
     requirements described in subparagraph (B), the applicable 
     amount shall be 20 cents.
       ``(B) Alternative amount.--In the case of any 
     transportation fuel produced at a qualified facility which 
     satisfies the requirements under paragraphs (6) and (7) of 
     subsection (g), the applicable amount shall be $1.00.
       ``(3) Special rate for sustainable aviation fuel.--
       ``(A) In general.--In the case of a transportation fuel 
     which is sustainable aviation fuel, paragraph (2) shall be 
     applied--
       ``(i) in the case of a transportation fuel produced at a 
     qualified facility described in paragraph (2)(A), by 
     substituting `35 cents' for `20 cents', and
       ``(ii) in the case of a transportation fuel produced at a 
     qualified facility described in paragraph (2)(B), by 
     substituting `$1.75' for `$1.00'.
       ``(B) Sustainable aviation fuel.--For purposes of this 
     subparagraph (A), the term `sustainable aviation fuel' means 
     liquid fuel which is sold for use in an aircraft and which--
       ``(i) meets the requirements of--

       ``(I) ASTM International Standard D7566, or
       ``(II) the Fischer Tropsch provisions of ASTM International 
     Standard D1655, Annex A1, and

       ``(ii) is not derived from palm fatty acid distillates or 
     petroleum.
       ``(4) Sale.--For purposes of paragraph (1), the 
     transportation fuel is sold in a manner described in this 
     paragraph if such fuel is sold by the taxpayer to an 
     unrelated person--
       ``(A) for use by such person in the production of a fuel 
     mixture,
       ``(B) for use by such person in a trade or business, or
       ``(C) who sells such fuel at retail to another person and 
     places such fuel in the fuel tank of such other person.
       ``(5) Rounding.--If any amount determined under paragraph 
     (1) is not a multiple of 0.1 cent, such amount shall be 
     rounded to the nearest multiple of 0.1 cent.
       ``(b) Emissions Factors.--
       ``(1) Emissions factor.--
       ``(A) Calculation.--
       ``(i) In general.--The emissions factor of a transportation 
     fuel shall be an amount equal to the quotient of--

       ``(I) an amount equal to--

       ``(aa) 50 kilograms of CO2e per mmBTU, minus
       ``(bb) the emissions rate for such fuel, divided by

       ``(II) 50 kilograms of CO2e per mmBTU.

       ``(B) Establishment of emissions rate.--
       ``(i) In general.--Subject to clauses (ii) and (iii), the 
     Secretary shall annually publish a table which sets forth the 
     emissions rate for similar types and categories of 
     transportation fuels based on the amount of lifecycle 
     greenhouse gas emissions (as described in section 
     211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)), 
     as in effect on the date of the enactment of this section) 
     for such fuels, expressed as kilograms of CO2e per 
     mmBTU, which a taxpayer shall use for purposes of this 
     section.
       ``(ii) Non-aviation fuel.--In the case of any 
     transportation fuel which is not a sustainable aviation fuel, 
     the lifecycle greenhouse gas emissions of such fuel shall be 
     based on the most recent determinations under the Greenhouse 
     gases, Regulated Emissions, and Energy use in Transportation 
     model developed by Argonne National Laboratory, or a 
     successor model (as determined by the Secretary).
       ``(iii) Aviation fuel.--In the case of any transportation 
     fuel which is a sustainable aviation fuel, the lifecycle 
     greenhouse gas emissions of such fuel shall be determined in 
     accordance with--

       ``(I) 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, or
       ``(II) any similar methodology which satisfies the criteria 
     under section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 
     7545(o)(1)(H)).

       ``(C) Rounding of emissions rate.--The Secretary may round 
     the emissions rates under subparagraph (B) to the nearest 
     multiple of 5 kilograms of CO2e per mmBTU, except 
     that, in the case of an emissions rate that is less than 2.5 
     kilograms of CO2e per mmBTU, the Secretary may 
     round such rate to zero.
       ``(D) Provisional emissions rate.--In the case of any 
     transportation fuel for which an emissions rate has not been 
     established under subparagraph (B), a taxpayer producing such 
     fuel may file a petition with the Secretary for determination 
     of the emissions rate with respect to such fuel.
       ``(2) Rounding.--If any amount determined under paragraph 
     (1)(A) is not a multiple of 0.1, such amount shall be rounded 
     to the nearest multiple of 0.1.
       ``(c) Inflation Adjustment.--
       ``(1) In general.--In the case of calendar years beginning 
     after 2026, the 20 cent amount in subsection (a)(2)(A), the 
     $1.00 amount in subsection (a)(2)(B), the 35 cent amount in 
     subsection (a)(3)(A)(i), and the $1.75 amount in subsection 
     (a)(3)(A)(ii) shall each be adjusted by multiplying such 
     amount by the inflation adjustment factor for the calendar 
     year in which the sale of the transportation fuel occurs. If 
     any amount as increased under the preceding sentence is not a 
     multiple of 1 cent, such amount shall be rounded to the 
     nearest multiple of 1 cent.
       ``(2) Inflation adjustment factor.--For purposes of 
     paragraph (1), the inflation adjustment factor shall be the 
     inflation adjustment factor determined and published by the 
     Secretary pursuant to section 45BB(c), determined by 
     substituting `calendar year 2021' for `calendar year 1992' in 
     paragraph (3) thereof.
       ``(d) Credit Phase-Out.--
       ``(1) In general.--The amount of the clean fuel production 
     credit under subsection (a) for any transportation fuel sold 
     during a taxable year described in paragraph (2) shall be 
     equal to the product of--
       ``(A) the amount of the credit determined under subsection 
     (a) without regard to this subsection, multiplied by
       ``(B) the phase-out percentage under paragraph (2).
       ``(2) Phase-out percentage.--The phase-out percentage under 
     this paragraph is equal to--
       ``(A) for any taxable year beginning in the first calendar 
     year following the applicable year, 100 percent,
       ``(B) for any taxable year beginning in the second calendar 
     year following the applicable year, 75 percent,
       ``(C) for any taxable year beginning in the third calendar 
     year following the applicable year, 50 percent, and
       ``(D) for any taxable year beginning in any calendar year 
     subsequent to the calendar year described in subparagraph 
     (C), 0 percent.
       ``(3) Applicable year.--For purposes of this subsection, 
     the term `applicable year' means the later of--
       ``(A) the calendar year in which the Secretary determines 
     that the greenhouse gas emissions from the transportation of 
     persons and goods annually in the United States are equal to 
     or less than 25 percent of the greenhouse gas emissions from 
     the transportation of persons and goods in the United States 
     during calendar year 2021, or
       ``(B) 2031.
       ``(e) Definitions.--In this section:
       ``(1) mmBTU.--The term `mmBTU' means 1,000,000 British 
     thermal units.
       ``(2) CO2e.--The term `CO2e' means, 
     with respect to any greenhouse gas, the equivalent carbon 
     dioxide (as determined based on relative global warming 
     potential).
       ``(3) Greenhouse gas.--The term `greenhouse gas' has the 
     same meaning given that term under 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.
       ``(4) Qualified facility.--The term `qualified facility'--
       ``(A) means a facility used for the production of 
     transportation fuels, and
       ``(B) does not include any facility for which one of the 
     following credits is allowed under section 38 for the taxable 
     year:
       ``(i) The credit for production of clean hydrogen under 
     section 45X.
       ``(ii) The credit for clean hydrogen production facilities 
     under section 48(a)(16).
       ``(iii) The credit for carbon oxide sequestration under 
     section 45Q.
       ``(5) Transportation fuel.--The term `transportation fuel' 
     means a fuel which--
       ``(A) is suitable for use as a fuel in a highway vehicle or 
     aircraft,
       ``(B) has an emissions rate which is not greater than--
       ``(i) in the case of a fuel which is not a sustainable 
     aviation fuel--

       ``(I) for any such fuel sold during calendar years 2027 
     through 2030, 50 kilograms of CO2e per mmBTU, and
       ``(II) for any such fuel sold during any calendar year 
     beginning after December 31, 2030, 25 kilograms of 
     CO2e per mmBTU, or

       ``(ii) in the case of a fuel which is a sustainable 
     aviation fuel--

       ``(I) for any such fuel sold during any period before 
     January 1, 2031, 35 kilograms of CO2e per mmBTU, 
     and
       ``(II) for any such fuel sold during any period after 
     December 31, 2030, 25 kilograms of CO2e per mmBTU,

       ``(C) is not hydrogen fuel, and

[[Page H6530]]

       ``(D) in the case of fuel which is not aviation fuel, is 
     not derived from coprocessing biomass with a feedstock which 
     is not biomass. For purposes of this paragraph, the term 
     `biomass' has the meaning given such term in section 
     45K(c)(3).
       ``(f) Guidance.--Not later than January 1, 2027, the 
     Secretary shall issue guidance regarding implementation of 
     this section, including calculation of emissions factors for 
     transportation fuel, the table described in subsection 
     (b)(1)(B)(i), and the determination of clean fuel production 
     credits under this section.
       ``(g) Special Rules.--
       ``(1) Only registered production in the united states taken 
     into account.--
       ``(A) In general.--No clean fuel production credit shall be 
     determined under subsection (a) with respect to any 
     transportation fuel unless--
       ``(i) the taxpayer is registered as a producer of clean 
     fuel under section 4101 at the time of production, and
       ``(ii) such fuel is produced in the United States.
       ``(B) United states.--For purposes of this paragraph, the 
     term `United States' includes any possession of the United 
     States.
       ``(2) Production attributable to the taxpayer.--In the case 
     of a facility in which more than 1 person has an ownership 
     interest, except to the extent provided in regulations 
     prescribed by the Secretary, production from the facility 
     shall be allocated among such persons in proportion to their 
     respective ownership interests in the gross sales from such 
     facility.
       ``(3) Related persons.--Persons shall be treated as related 
     to each other if such persons would be treated as a single 
     employer under the regulations prescribed under section 
     52(b). In the case of a corporation which is a member of an 
     affiliated group of corporations filing a consolidated 
     return, such corporation shall be treated as selling fuel to 
     an unrelated person if such fuel is sold to such a person by 
     another member of such group.
       ``(4) Pass-thru in the case of estates and trusts.--Under 
     regulations prescribed by the Secretary, rules similar to the 
     rules of subsection (d) of section 52 shall apply.
       ``(5) Allocation of credit to patrons of agricultural 
     cooperative.--
       ``(A) Election to allocate.--
       ``(i) In general.--In the case of an eligible cooperative 
     organization, any portion of the credit determined under 
     subsection (a) for the taxable year may, at the election of 
     the organization, be apportioned among patrons of the 
     organization on the basis of the amount of business done by 
     the patrons during the taxable year.
       ``(ii) Form and effect of election.--An election under 
     clause (i) for any taxable year shall be made on a timely 
     filed return for such year. Such election, once made, shall 
     be irrevocable for such taxable year. Such election shall not 
     take effect unless the organization designates the 
     apportionment as such in a written notice mailed to its 
     patrons during the payment period described in section 
     1382(d).
       ``(B) Treatment of organizations and patrons.--The amount 
     of the credit apportioned to any patrons under subparagraph 
     (A)--
       ``(i) shall not be included in the amount determined under 
     subsection (a) with respect to the organization for the 
     taxable year, and
       ``(ii) shall be included in the amount determined under 
     subsection (a) for the first taxable year of each patron 
     ending on or after the last day of the payment period (as 
     defined in section 1382(d)) for the taxable year of the 
     organization or, if earlier, for the taxable year of each 
     patron ending on or after the date on which the patron 
     receives notice from the cooperative of the apportionment.
       ``(C) Special rules for decrease in credits for taxable 
     year.--If the amount of the credit of a cooperative 
     organization determined under subsection (a) for a taxable 
     year is less than the amount of such credit shown on the 
     return of the cooperative organization for such year, an 
     amount equal to the excess of--
       ``(i) such reduction, over
       ``(ii) the amount not apportioned to such patrons under 
     subparagraph (A) for the taxable year,
     shall be treated as an increase in tax imposed by this 
     chapter on the organization. Such increase shall not be 
     treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this chapter.
       ``(D) Eligible cooperative defined.--For purposes of this 
     section the term `eligible cooperative' means a cooperative 
     organization described in section 1381(a) which is owned more 
     than 50 percent by agricultural producers or by entities 
     owned by agricultural producers. For this purpose an entity 
     owned by an agricultural producer is one that is more than 50 
     percent owned by agricultural producers.
       ``(6) Prevailing wage requirements.--
       ``(A) In general.--Subject to subparagraph (B), rules 
     similar to the rules of section 45(b)(7)(A) and clauses (i) 
     through (iv) of section 45(b)(7)(B) shall apply.
       ``(B) Special rule for facilities placed in service before 
     january 1, 2027.--In the case of any qualified facility 
     placed in service before January 1, 2027--
       ``(i) the rules of clause (i) of section 45(b)(7)(A) shall 
     not apply, and
       ``(ii) clause (ii) of such section shall be applied by 
     substituting `for any period of the taxable year beginning 
     after December 31, 2026 for which the credit is claimed under 
     this section with respect to production of transportation 
     fuel, the alteration or repair of such facility' for `for the 
     period of the taxable year which is within the 10-year period 
     beginning on the date the facility was originally placed in 
     service, the alteration or repair of such facility'.
       ``(7) Apprenticeship requirements.--Rules similar to the 
     rules of section 45(b)(8) shall apply.''.
       (b) Elective Payment of Credit.--Section 6417(b), as 
     amended by preceding provisions of this Act, is amended by 
     adding at the end the following new paragraph:
       ``(14) The clean fuel production credit determined under 
     section 45CC(a).''.
       (c) Conforming Amendments.--
       (1) Section 38(b), as amended by section 101, is amended--
       (A) in paragraph (39), by striking ``plus'' at the end,
       (B) in paragraph (40), by striking the period at the end 
     and inserting ``, plus'', and
       (C) by adding at the end the following new paragraph:
       ``(41) the clean fuel production credit determined under 
     section 45CC(a).''.
       (2) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1, as amended by section 101, is 
     amended by adding at the end the following new item:

``Sec. 45CC. Clean fuel production credit.''.
       (3) Section 4101(a)(1) is amended by inserting ``every 
     person producing a fuel eligible for the clean fuel 
     production credit (pursuant to section 45CC),'' after 
     ``section 6426(b)(4)(A)),''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to transportation fuel produced after December 
     31, 2026.

                         PART 9--APPROPRIATIONS

     SEC. 136901. 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, $4,073,433,000 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 G--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) Rules Relating to Reconciliation of Credit and Advance 
     Credit.--Section 24(j) is amended by adding at the end the 
     following new paragraphs:
       ``(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.
       ``(4) Coordination with possessions of the united states.--
     For purposes of this subsection, payments made under section 
     7527A include payments made by any jurisdiction other than 
     the United States under section 7527A of the income tax law 
     of such jurisdiction, and advance payments made by American 
     Samoa pursuant to a plan described in subsection (k)(3)(B). 
     In carrying out this section, the Secretary shall coordinate 
     with each possession of the United States to prevent any 
     application of this paragraph that is inconsistent with the 
     purposes of this subsection.''.
       (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) Disclosure of Information Relating to Joint Filers and 
     Advance Payment of Child Tax Credit.--Section 6103(e) is 
     amended by adding at the end the following new paragraph:
       ``(12) Disclosure of information relating to joint filers 
     and advance payment of

[[Page H6531]]

     child tax credit.--In the case of an individual to whom the 
     Secretary makes payments under section 7527A, if the 
     reference taxable year (as defined in section 7527A(b)(2)) 
     that the Secretary uses to calculate such payments is a year 
     for which the individual filed an income tax return jointly 
     with another individual, the Secretary may disclose to such 
     individual any return information of such other individual 
     which is relevant in determining the payment under section 
     7527A and the individual's eligibility for such payment, 
     including information regarding any of the following:
       ``(A) The number of specified children, including by reason 
     of the birth of a child.
       ``(B) The name and TIN of specified children.
       ``(C) Marital status.
       ``(D) Modified adjusted gross income.
       ``(E) Principal place of abode.
       ``(F) Any other factor which the Secretary may provide 
     pursuant to section 7527A(c).''.
       (e) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to taxable years beginning, and payments made, after December 
     31, 2020.
       (2) Disclosure of information relating to joint filers and 
     advance payment of child tax credit.--The amendment made by 
     subsection (d) shall take effect on the date of the enactment 
     of this Act.

     SEC. 137102. EXTENSIONS AND MODIFICATIONS APPLICABLE 
                   BEGINNING IN 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''.
       (b) Extension and Modification of Advance Payment.--
       (1) In general.--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''.
       (2) Monthly payments.--
       (A) In general.--Section 7527A(a) is amended to read as 
     follows:
       ``(a) In General.--The Secretary shall establish a program 
     for making monthly payments to taxpayers in amounts equal to 
     1/12 of the annual advance amount with respect to such 
     taxpayer.''.
       (B) Modifications during calendar year.--Section 
     7527A(b)(3), as amended by the preceding provisions of this 
     Act, is amended--
       (i) by amending subparagraph (A)(ii) to read as follows:
       ``(ii) any other information provided, or known, to the 
     Secretary which allows the Secretary to more accurately 
     estimate the amount treated as allowed under subpart C of 
     part IV of subchapter A of chapter 1 by reason of section 
     24(i)(1) with respect to the taxpayer for the reference 
     taxable year.'', and
       (ii) in subparagraph (B), by striking ``periodic payment'' 
     both places it appears and inserting ``monthly payment''.
       (C) Conforming amendment.--Section 7527A(c)(2) is amended 
     by striking ``subsection (b)(3)(B)'' and inserting 
     ``subsection (b)(3)''.
       (3) Eligibility for advance payments limited based on 
     modified adjusted gross income.--Section 7527A(b) is amended 
     by adding at the end the following new paragraph:
       ``(6) Limitation based on modified adjusted gross income.--
       ``(A) In general.--If the modified adjusted gross income of 
     the taxpayer for the reference taxable year exceeds the 
     applicable threshold amount with respect to such taxpayer (as 
     defined in section 24(i)(4)(B)), the annual advance amount 
     with respect to such taxpayer shall be zero.
       ``(B) Exception for modifications made during the calendar 
     year.--Subparagraph (A) shall not apply to a reference 
     taxable year taken into account by reason of paragraph 
     (3)(A)(i) or subsection (c) if the taxpayer received one or 
     more payments under subsection (a) for months in the calendar 
     year which precede the month for which such reference taxable 
     year will be taken into account.''.
       (4) Advance payments to puerto rico residents for 2022.--
     Section 7527A(e)(4) is amended--
       (A) in subparagraph (A), by striking ``The advance'' and 
     inserting ``Except as provided in subparagraph (D), the 
     advance'', and
       (B) by adding at the end the following new subparagraph:
       ``(D) Advance payments to puerto rico residents for 2022.--
     For the period beginning on July 1, 2022, and ending on 
     December 31, 2022, the Secretary may apply this section 
     without regard to subparagraph (A)(i).''.
       (c) Election to Apply Income Phaseout on Basis of Income 
     From the Preceding Taxable Year.--Section 24(i) is amended by 
     adding at the end the following new paragraph:
       ``(5) Election to apply income phaseout on basis of income 
     from the preceding taxable year.--In the case of a taxpayer 
     who elects (at such time and in such manner as the Secretary 
     may provide) the application of this paragraph for any 
     taxable year, paragraph (4) and subsection (b)(1) shall both 
     be applied with respect to the modified adjusted gross income 
     (as defined in subsection (b)) for the taxpayer's preceding 
     taxable year.''.
       (d) 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 sum of--

       ``(I) an amount equal to the product of $3,600 multiplied 
     by the excess (if any) of the number of qualifying children 
     who have not attained age 6 as of the close of the calendar 
     year in which the taxable year of the taxpayer begins, and 
     who are taken into account in determining the annual advance 
     amount with respect to the taxpayer under section 7527A with 
     respect to months beginning in such taxable year, over the 
     number of such qualifying children taken into account in 
     determining the credit allowed under this section for such 
     taxable year, plus
       ``(II) an amount equal to the product of $3,000 multiplied 
     by the excess (if any) of the number of qualifying children 
     not described in clause (I), and who are taken into account 
     in determining the annual advance amount with respect to the 
     taxpayer under section 7527A with respect to months beginning 
     in such taxable year, over the number of such qualifying 
     children taken into account in determining the credit allowed 
     under this section for such taxable year.''.

       (e) Repeal of Social Security Number Requirement.--
       (1) In general.--Section 24(h) is amended by striking 
     paragraph (7).
       (2) Conforming amendments.--
       (A) Section 24(h)(1) is amended by striking ``paragraphs 
     (2) through (7)'' and inserting ``paragraphs (2) through 
     (6)''.
       (B) Section 24(h)(4) is amended by striking subparagraph 
     (C).
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning, and payments made, 
     after December 31, 2021.

     SEC. 137103. REFUNDABLE CHILD TAX CREDIT AFTER 2022.

       (a) In General.--Section 24 is amended by adding at the end 
     the following new subsection:
       ``(l) Refundable Credit After 2022.--In the case of any 
     taxable year beginning after December 31, 2022, 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) so much of the credit determined under subsection (a) 
     (after application of paragraph (1)) as does not exceed the 
     amount of such credit which would be so determined without 
     regard to subsection (h)(4) 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)(B), as amended by the 
     preceding provisions of this Act, is amended to read as 
     follows:
       ``(B) Application to taxable years after 2022.--For 
     application of refundable credit to residents of Puerto Rico 
     for taxable years after 2022, see subsection (l).''.
       (2) American samoa.--Section 24(k)(3)(C)(ii)(II), as 
     amended by the preceding provisions of this Act, is amended 
     to read as follows:

       ``(II) if such taxable year begins after December 31, 2022, 
     subsection (l) 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, 
     2022.

     SEC. 137104. 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) $3,963,300,000 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 to support 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, the District of Columbia, 
     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, the District of Columbia, tribal governments, 
     and possessions of the United States, and private entities, 
     including organizations dedicated to free tax return 
     preparation and low income taxpayer clinics funded under

[[Page H6532]]

     section 7526 of the Internal Revenue Code of 1986.

                    PART 2--EARNED INCOME TAX CREDIT

     SEC. 137201. CERTAIN IMPROVEMENTS TO THE EARNED INCOME TAX 
                   CREDIT EXTENDED THROUGH 2022.

       (a) In General.--Section 32(n) is amended by striking 
     ``January 1, 2022'' and inserting ``January 1, 2023''.
       (b) Inflation Adjustment.--Section 32(n)(4)(B) is amended 
     to read as follows:
       ``(B) Inflation adjustment.--In the case of any taxable 
     year beginning after 2021, the $9,820 and $11,610 dollar 
     amounts 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 in which the taxable 
     year begins, determined by substituting `calendar year 2020' 
     for `calendar year 2016' in subparagraph (A)(ii) thereof.''.
       (c) Election to Determine Earned Income Based on Prior 
     Taxable Year.--Section 32, as amended by subsection (f), is 
     amended by adding at the end the following new subsection:
       ``(o) 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 beginning after December 31, 
     2021, and before January 1, 2023, 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.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.

     SEC. 137202. 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 3--EXPANDING ACCESS TO HEALTH COVERAGE AND LOWERING COSTS

     SEC. 137301. IMPROVE AFFORDABILITY AND REDUCE PREMIUM COSTS 
                   OF HEALTH INSURANCE FOR CONSUMERS.

       (a) In General.--Section 36B(b)(3)(A)(iii) is amended--
       (1) by striking all that precedes the table contained 
     therein and inserting the following:
       ``(iii) Determining percentages for 2021 through 2026.--

       ``(I) In general.--In the case of a taxable year beginning 
     after December 31, 2020, and before January 1, 2026, the 
     following table shall be applied in lieu of the table 
     contained in clause (i):'', and

       (2) by adding at the end the following new subclause:

       ``(II) Indexing.--In the case of a taxable year beginning 
     after December 31, 2020, and before January 1, 2027, clause 
     (ii) shall not apply for purposes of adjusting premium 
     percentages under this subparagraph.''.

       (b) Extension Through 2025 of Rule to Allow Credit to 
     Taxpayers Whose Household Income Exceeds 400 Percent of the 
     Poverty Line.--Section 36B(c)(1)(E) is amended--
       (1) by striking ``in 2021 or 2022'' and inserting ``after 
     December 31, 2020, and before January 1, 2026'', and
       (2) by striking ``and 2022'' in the heading thereof and 
     inserting ``through 2025''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.

     SEC. 137302. MODIFICATION OF EMPLOYER-SPONSORED COVERAGE 
                   AFFORDABILITY TEST IN HEALTH INSURANCE PREMIUM 
                   TAX CREDIT.

       (a) In General.--Section 36B(c)(2)(C)(i)(II) is amended by 
     inserting ``(8.5 percent in the case of any taxable year 
     beginning after December 31, 2021, and before January 1, 
     2026)'' after ``9.5 percent''.
       (b) Qualified Small Employer Health Reimbursement 
     Arrangements.--Section 36B(c)(4)(C)(ii) is amended by 
     inserting ``(8.5 percent in the case of any taxable year 
     beginning after December 31, 2021, and before January 1, 
     2026)'' after ``9.5 percent''.
       (c) Percentages Temporarily Determined Without Regard to 
     Adjustments.--
       (1) Section 36B(c)(2)(C)(iv) is amended by adding at the 
     end the following: ``The preceding sentence shall not apply 
     in the case of any plan year beginning after December 31, 
     2021, and before January 1, 2027.''.
       (2) Section 36B(c)(4)(F) is amended by adding at the end 
     the following: ``The preceding sentence shall not apply in 
     the case of any plan year beginning after December 31, 2021, 
     and before January 1, 2027.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.

     SEC. 137303. 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 after December 31, 
     2025, 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. 137304. 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.--With 
     respect to any taxable year beginning after December 31, 
     2021, and before January 1, 2026--
       ``(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. 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

[[Page H6533]]

     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, 
     2026) 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. 137305. 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, 2023,''.
       (b) Modification of Income Not Taken Into Account.--Section 
     36B(g)(1)(B) is amended by striking ``133 percent'' and 
     inserting ``150 percent (133 percent in the case of any week 
     beginning during 2021)''.
       (c) Conforming Amendment.--Section 36B(g) by inserting 
     ``Through 2022'' 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. 137306. 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.

     SEC. 137307. EXCLUSION OF CERTAIN DEPENDENT INCOME FOR 
                   PURPOSES OF PREMIUM TAX CREDIT.

       (a) In General.--Paragraph (2) of section 36B(d) of the 
     Internal Revenue Code of 1986, as amended by this Act, is 
     further amended by adding at the end the following new 
     subparagraph:
       ``(D) Exception for certain dependent income.--
       ``(i) In general.--Solely for purposes of determining the 
     credit under this section and eligibility for cost sharing 
     reductions under section 1402 of the Patient Protection and 
     Affordable Care Act, and not for any other purpose (including 
     any determination of income for purposes of the programs 
     established under titles XIX and XXI of the Social Security 
     Act and section 1331 of the Patient Protection and Affordable 
     Care Act), there shall not be taken into account under 
     subparagraph (A)(ii) the modified adjusted gross income of 
     any dependent of the taxpayer who has not attained age 24 as 
     of the last day of the calendar year in which the taxable 
     year of the taxpayer begins.
       ``(ii) Limitation.--Clause (i) shall not apply to so much 
     of the aggregate of the modified adjusted gross income of all 
     dependents of the taxpayer who have not attained the age 
     described in such clause as exceeds $3,500.
       ``(iii) Election to have subparagraph not apply.--In the 
     case of any taxable year beginning after December 31, 2025, a 
     taxpayer may elect (at such time and in such manner as the 
     Secretary may provide) to have this subparagraph not apply 
     with respect to the income of any dependent of the taxpayer 
     for such taxable year.
       ``(iv) Adjustment for inflation.--In the case of any 
     taxable year beginning after December 31, 2023, the $3,500 
     amount in clause (ii) 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 in which the taxable 
     year begins, determined by substituting `calendar year 2022' 
     for `calendar year 2016' in subparagraph (A)(ii) thereof.

     If any increase determined under the preceding sentence is 
     not a multiple of $100, such increase shall be rounded to the 
     next lowest multiple of $100.
       ``(v) Termination.--This subparagraph shall not apply to 
     taxable years beginning after December 31, 2026.''.
       (b) Conforming Amendments.--
       (1) Clause (ii) of section 36B(d)(2)(A) of the Internal 
     Revenue Code of 1986 is amended by inserting ``, except as 
     provided in subparagraph (D),'' after ``individuals''.
       (2) Paragraph (3) of section 1411(b) of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18081) is 
     amended by adding at the end the following new subparagraph:
       ``(D) Information regarding certain dependents.--In the 
     case of taxable years beginning before January 1, 2027, 
     information regarding whether section 36B(d)(2)(D) will apply 
     to any individuals taken into account as members of the 
     household of the enrollee, and the amount of income of each 
     such individual for the taxable year described in 
     subparagraph (A).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2022.

     SEC. 137308. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR 
                   CERTAIN INSULIN PRODUCTS.

       (a) In General.--Subchapter B of chapter 100 is amended by 
     adding at the end the following new section:

     ``SEC. 9826. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR 
                   CERTAIN INSULIN PRODUCTS.

       ``(a) In General.--For plan years beginning on or after 
     January 1, 2023, a group health plan shall provide coverage 
     of selected insulin products, and with respect to such 
     products, shall not--
       ``(1) apply any deductible; or
       ``(2) impose any cost-sharing in excess of the lesser of, 
     per 30-day supply--
       ``(A) $35; or
       ``(B) the amount equal to 25 percent of the negotiated 
     price of the selected insulin product net of all price 
     concessions received by or on behalf of the plan, including 
     price concessions received by or on behalf of third-party 
     entities providing services to the plan, such as pharmacy 
     benefit management services.
       ``(b) Definitions.--In this section:
       ``(1) Selected insulin products.--The term `selected 
     insulin products' means at least one of each dosage form 
     (such as vial, pump, or inhaler dosage forms) of each 
     different type (such as rapid-acting, short-acting, 
     intermediate-acting, long-acting, ultra long-acting, and 
     premixed) of insulin (as defined below), when available, as 
     selected by the group health plan.
       ``(2) Insulin defined.--The term `insulin' means insulin 
     that is licensed under subsection (a) or (k) of section 351 
     of the Public Health Service Act (42 U.S.C. 262) and 
     continues to be marketed under such section, including any 
     insulin product that has been deemed to be licensed under 
     section 351(a) of such Act pursuant to section 7002(e)(4) of 
     the Biologics Price Competition and Innovation Act of 2009 
     (Public Law 111-148) and continues to be marketed pursuant to 
     such licensure.
       ``(c) Out-of-network Providers.--Nothing in this section 
     requires a plan that has a network of providers to provide 
     benefits for selected insulin products described in this 
     section that are delivered by an out-of-network provider, or 
     precludes a plan that has a network of providers from 
     imposing higher cost-sharing than the levels specified in 
     subsection (a) for selected insulin products described in 
     this section that are delivered by an out-of-network 
     provider.
       ``(d) Rule of Construction.--Subsection (a) shall not be 
     construed to require coverage of, or prevent a group health 
     plan from imposing cost-sharing other than the levels 
     specified in subsection (a) on, insulin products that are not 
     selected insulin products, to the extent that such coverage 
     is not otherwise required and such cost-sharing is otherwise 
     permitted under Federal and applicable State law.
       ``(e) Application of Cost-sharing Towards Deductibles and 
     Out-of-pocket Maximums.--Any cost-sharing payments made 
     pursuant to subsection (a)(2) shall be counted toward any 
     deductible or out-of-pocket maximum that applies under the 
     plan.''.
       (b) Clerical Amendment.--The table of sections for 
     subchapter B of chapter 100 is amended by adding at the end 
     the following new item:

``Sec. 9826. Requirements with respect to cost-sharing for certain 
              insulin products.''.

     SEC. 137309. OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES.

       (a) In General.--Subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986, as amended by the preceding 
     provisions of this Act, is further amended by adding at the 
     end the following:

     ``SEC. 9827. OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES.

       ``(a) In General.--For plan years beginning on or after 
     January 1, 2023, a group health plan or an entity or 
     subsidiary providing pharmacy benefits management services on 
     behalf of such a plan shall not enter into a contract with a 
     drug manufacturer, distributor, wholesaler, subcontractor, 
     rebate aggregator, or any associated third party that limits 
     the disclosure of information to plan sponsors in such a 
     manner that prevents the plan, or an entity or subsidiary 
     providing pharmacy benefits management services on behalf of 
     a plan, from making the reports described in subsection (b).
       ``(b) Reports.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2023, not less frequently than once every 6 
     months, an entity providing pharmacy benefits management 
     services on behalf of a group health plan shall submit to the 
     plan sponsor (as defined in section 3(16)(B) of the Employee 
     Retirement Income Security Act of 1974) of such group health 
     plan a report in accordance with this subsection and make 
     such report available to the plan sponsor in a machine-
     readable format. Each such report shall include, with respect 
     to the applicable group health plan--

[[Page H6534]]

       ``(A) as applicable, information collected from drug 
     manufacturers by such entity on the total amount of copayment 
     assistance dollars paid, or copayment cards applied, that 
     were funded by the drug manufacturer with respect to the 
     participants and beneficiaries in such plan;
       ``(B) a list of each drug covered by such plan or entity 
     providing pharmacy benefit management services that was 
     dispensed during the reporting period, including, with 
     respect to each such drug during the reporting period--
       ``(i) the brand name, chemical entity, and National Drug 
     Code;
       ``(ii) the number of participants and beneficiaries for 
     whom the drug was filled during the plan year, the total 
     number of prescription fills for the drug (including original 
     prescriptions and refills), and the total number of dosage 
     units of the drug dispensed across the plan year, including 
     whether the dispensing channel was by retail, mail order, or 
     specialty pharmacy;
       ``(iii) the wholesale acquisition cost, listed as cost per 
     days supply and cost per pill, or in the case of a drug in 
     another form, per dose;
       ``(iv) the total out-of-pocket spending by participants and 
     beneficiaries on such drug, including participant and 
     beneficiary spending through copayments, coinsurance, and 
     deductibles; and
       ``(v) for any drug for which gross spending of the group 
     health plan exceeded $10,000 during the reporting period--

       ``(I) a list of all other drugs in the same therapeutic 
     category or class, including brand name drugs and biological 
     products and generic drugs or biosimilar biological products 
     that are in the same therapeutic category or class as such 
     drug; and
       ``(II) the rationale for preferred formulary placement of 
     such drug in that therapeutic category or class;

       ``(C) a list of each therapeutic category or class of drugs 
     that were dispensed under the health plan during the 
     reporting period, and, with respect to each such therapeutic 
     category or class of drugs, during the reporting period--
       ``(i) total gross spending by the plan, before manufacturer 
     rebates, fees, or other manufacturer remuneration;
       ``(ii) the number of participants and beneficiaries who 
     filled a prescription for a drug in that category or class;
       ``(iii) if applicable to that category or class, a 
     description of the formulary tiers and utilization mechanisms 
     (such as prior authorization or step therapy) employed for 
     drugs in that category or class;
       ``(iv) the total out-of-pocket spending by participants and 
     beneficiaries, including participant and beneficiary spending 
     through copayments, coinsurance, and deductibles; and
       ``(v) for each therapeutic category or class under which 3 
     or more drugs are included on the formulary of such plan--

       ``(I) the amount received, or expected to be received, from 
     drug manufacturers in rebates, fees, alternative discounts, 
     or other remuneration--

       ``(aa) to be paid by drug manufacturers for claims incurred 
     during the reporting period; or
       ``(bb) that is related to utilization of drugs, in such 
     therapeutic category or class;

       ``(II) the total net spending, after deducting rebates, 
     price concessions, alternative discounts or other 
     remuneration from drug manufacturers, by the health plan on 
     that category or class of drugs; and
       ``(III) the net price per course of treatment or single 
     fill, such as a 30-day supply or 90-day supply, incurred by 
     the health plan and its participants and beneficiaries, after 
     manufacturer rebates, fees, and other remuneration for drugs 
     dispensed within such therapeutic category or class during 
     the reporting period;

       ``(D) total gross spending on prescription drugs by the 
     plan during the reporting period, before rebates and other 
     manufacturer fees or remuneration;
       ``(E) total amount received, or expected to be received, by 
     the health plan in drug manufacturer rebates, fees, 
     alternative discounts, and all other remuneration received 
     from the manufacturer or any third party, other than the plan 
     sponsor, related to utilization of drug or drug spending 
     under that health plan during the reporting period;
       ``(F) the total net spending on prescription drugs by the 
     health plan during the reporting period; and
       ``(G) amounts paid directly or indirectly in rebates, fees, 
     or any other type of remuneration to brokers, consultants, 
     advisors, or any other individual or firm who referred the 
     group health plan's business to the pharmacy benefit manager.
       ``(2) Privacy requirements.--Entities providing pharmacy 
     benefits management services on behalf of a group health plan 
     shall provide information under paragraph (1) in a manner 
     consistent with the privacy, security, and breach 
     notification regulations promulgated under section 264(c) of 
     the Health Insurance Portability and Accountability Act of 
     1996, and shall restrict the use and disclosure of such 
     information according to such privacy regulations.
       ``(3) Disclosure and redisclosure.--
       ``(A) Limitation to business associates.--A group health 
     plan receiving a report under paragraph (1) may disclose such 
     information only to business associates of such plan as 
     defined in section 160.103 of title 45, Code of Federal 
     Regulations (or successor regulations).
       ``(B) Clarification regarding public disclosure of 
     information.--Nothing in this section prevents an entity 
     providing pharmacy benefits management services on behalf of 
     a group health plan from placing reasonable restrictions on 
     the public disclosure of the information contained in a 
     report described in paragraph (1), except that such entity 
     may not restrict disclosure of such report to the Department 
     of Health and Human Services, the Department of Labor, or the 
     Department of the Treasury.
       ``(C) Limited form of report.--The Secretary shall define 
     through rulemaking a limited form of the report under 
     paragraph (1) required of plan sponsors who are drug 
     manufacturers, drug wholesalers, or other direct participants 
     in the drug supply chain, in order to prevent anti-
     competitive behavior.
       ``(4) Report to gao.--An entity providing pharmacy benefits 
     management services on behalf of a group health plan shall 
     submit to the Comptroller General of the United States each 
     of the first 4 reports submitted to a plan sponsor under 
     paragraph (1) with respect to such plan, and other such 
     reports as requested, in accordance with the privacy 
     requirements under paragraph (2) and the disclosure and 
     redisclosure standards under paragraph (3), and such other 
     information that the Comptroller General determines necessary 
     to carry out the study under section 30606(b) of an Act to 
     provide for reconciliation pursuant to title II of S. Con. 
     Res. 14.
       ``(c) Enforcement.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Labor and the Secretary of Health and Human 
     Services, shall enforce this section.
       ``(2) Failure to provide timely information.--An entity 
     providing pharmacy benefit management services that violates 
     subsection (a) or fails to provide information required under 
     subsection (b), or a drug manufacturer that fails to provide 
     information under subsection (b)(1)(A) in a timely manner, 
     shall be subject to a civil monetary penalty in the amount of 
     $10,000 for each day during which such violation continues or 
     such information is not disclosed or reported.
       ``(3) False information.--An entity providing pharmacy 
     benefit management services, or drug manufacturer that 
     knowingly provides false information under this section shall 
     be subject to a civil money penalty in an amount not to 
     exceed $100,000 for each item of false information. Such 
     civil money penalty shall be in addition to other penalties 
     as may be prescribed by law.
       ``(4) Procedure.--The provisions of section 1128A of the 
     Social Security Act, other than subsection (a) and (b) and 
     the first sentence of subsection (c)(1) of such section shall 
     apply to civil monetary penalties under this subsection in 
     the same manner as such provisions apply to a penalty or 
     proceeding under section 1128A of the Social Security Act.
       ``(5) Waivers.--The Secretary may waive penalties under 
     paragraph (2), or extend the period of time for compliance 
     with a requirement of this section, for an entity in 
     violation of this section that has made a good-faith effort 
     to comply with this section.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to permit a group health plan or other entity to 
     restrict disclosure to, or otherwise limit the access of, the 
     Department of the Treasury to a report described in 
     subsection (b)(1) or information related to compliance with 
     subsection (a) by such plan or entity.
       ``(e) Definition.--In this section, the term `wholesale 
     acquisition cost' has the meaning given such term in section 
     1847A(c)(6)(B) of the Social Security Act.''.
       (b) Clerical Amendment.--The table of sections for 
     subchapter B of chapter 100 of the Internal Revenue Code of 
     1986, as amended by the preceding provisions of this Act, is 
     further amended by adding at the end the following new item:

``Sec. 9827. Oversight of pharmacy benefit manager services.''.

             PART 4--PATHWAY TO PRACTICE TRAINING PROGRAMS

     SEC. 137401. ADMINISTRATIVE FUNDING OF THE RURAL AND 
                   UNDERSERVED PATHWAY TO PRACTICE TRAINING 
                   PROGRAMS FOR POST-BACCALAUREATE STUDENTS, 
                   MEDICAL STUDENTS, AND MEDICAL RESIDENTS.

       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, 
     $6,000,000 to remain available until September 30, 2031, in 
     addition to amounts otherwise available, 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)). Amounts transferred under the 
     preceding sentence shall remain available until expended.

     SEC. 137402. 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.

[[Page H6535]]

       ``(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)(5) for the purpose of notifying the 
     qualifying student of the terms of the Rural and Underserved 
     Pathway to Practice Training Program for Post-Baccalaureate 
     and Medical Students.
       ``(d) Pathway to Practice Medical Scholarship Voucher 
     Details.--
       ``(1) Number.--On an annual basis, the Secretary shall 
     award a Pathway to Practice medical scholarship voucher under 
     the Program to 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, 
     Centers of Excellence Program, or an Area Health Education 
     Center program;
       ``(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 for active service stipend 
     monthly rate; 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 to 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 each item specified under paragraph (4), 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 to a 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 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 program will verify (in such manner as 
     the Secretary may provide) that amounts paid by such school 
     or program 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 or 
     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

[[Page H6536]]

     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) shall 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) shall 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) shall 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. 137403. 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 in such section 36G.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 137404. ESTABLISHING RURAL AND UNDERSERVED PATHWAY TO 
                   PRACTICE PROGRAM 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) Exclusion from full-time equivalent limitation for 
     hospitals implementing rural and underserved pathway to 
     practice program.--

       ``(I) In general.--For cost reporting periods beginning on 
     or after October 1, 2026, during which a qualifying resident 
     (as defined in subclause (II)) trains in an applicable 
     hospital (as defined in subclause (III)), the Secretary 
     shall, for such cost reporting period by the number of full-
     time equivalent residents so trained within the applicable 
     hospital during such period, exclude from the limitation 
     under subparagraph (F).
       ``(II) Qualifying resident.--For purposes of this clause, 
     the term `qualifying resident' means a full-time equivalent 
     resident who--

       ``(aa) was a qualifying student awarded a Pathway to 
     Practice medical scholarship voucher under section 1899C; and
       ``(bb) graduated from a qualifying medical school.

       ``(III) Applicable hospital.--

       ``(aa) In general.--For purposes of this clause, the term 
     `applicable hospital' means any hospital that--
       ``(AA) meets the requirements of item (bb);
       ``(BB) agrees to provide data to the Secretary with respect 
     to where qualifying residents (as defined in subclause (II)) 
     practice medicine or participate in fellowships immediately 
     following their residencies; and
       ``(CC) agrees to promote community-based training of 
     qualifying residents (as defined in subclause (II)), as 
     appropriate.
       ``(bb) Other requirements.--For the purpose of item 
     (aa)(AA), an applicable hospital shall also be a subsection 
     (d) hospital that has been recognized by the Accreditation 
     Council for Graduate Medical Education as meeting the 
     following requirements:
       ``(AA) Such hospital provides mentorships for residents.
       ``(BB) Such hospital includes cultural or structural 
     competency as part of the training of residents.
       ``(CC) The hospital has a demonstrated record of training 
     medical residents in health professional shortage areas, 
     medically underserved areas, public hospitals, or rural 
     areas.

       ``(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) 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.
       ``(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. 137405. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.

       (a) In General.--Section 1886(h) of the Social Security Act 
     (42 U.S.C. 1395ww(h)) is amended--
       (1) in paragraph (4)(F)(i), by striking ``and (9)'' and 
     inserting ``(9), and (10)'';
       (2) in paragraph (4)(H)(i), by striking ``and (9)'' and 
     inserting ``(9), and (10)''; and
       (3) by adding at the end the following new paragraph:
       ``(10) Distribution of additional residency positions.--
       ``(A) Additional residency positions.--
       ``(i) In general.--For fiscal years 2025 and 2026, and for 
     each succeeding fiscal year until the aggregate number of 
     full-time equivalent residency positions distributed under 
     this paragraph is equal to the aggregate number of such 
     positions made available (as specified in clause (ii)), the 
     Secretary shall, subject to the succeeding provisions of this 
     paragraph, increase the otherwise applicable resident limit 
     for each qualifying hospital (as defined in subparagraph (F)) 
     that submits a timely application under this subparagraph by 
     such number as the Secretary may approve effective beginning 
     July 1 of the fiscal year of the increase.
       ``(ii) Number available for distribution.--

       ``(I) Total number available.--The aggregate number of such 
     positions made available under this paragraph shall be equal 
     to 4,000.

[[Page H6537]]

       ``(II) Annual limit.--The aggregate number of such 
     positions so made available shall not exceed 2,000 for a 
     fiscal year.

       ``(iii) Rounds of applications.--The Secretary shall 
     initiate a separate round of applications for an increase 
     under clause (i) for each fiscal year for which such an 
     increase is to be provided.
       ``(iv) Distribution for primary care, psychiatry, and other 
     residencies.--

       ``(I) In general.--Except as provided under subclause (II), 
     of the positions made available under this paragraph--

       ``(aa) not less than 25 percent shall be in a primary care 
     residency (as defined in subparagraph (F)) or obstetrics and 
     gynecology residency; and
       ``(bb) not less than 15 percent shall be in a psychiatry 
     residency (as defined in such subparagraph).

       ``(II) Distribution for other residencies.--The requirement 
     under subclause (I) shall not apply with respect to any 
     positions made available under this paragraph that are not 
     distributed to a qualifying hospital by July 1, 2027, and 
     such positions shall be distributed to hospitals in 
     accordance with subparagraph (B), without regard to 
     specialty.

       ``(v) Clarification regarding availability of other 
     increase.--A qualifying hospital may apply for, and receive, 
     an increase under this paragraph and paragraph (9) for a 
     fiscal year.
       ``(B) Distribution.--For purposes of providing an increase 
     in the otherwise applicable resident limit under subparagraph 
     (A), the following shall apply:
       ``(i) Eligible hospitals.--With respect to the aggregate 
     number of such positions available for distribution under 
     this paragraph, the Secretary shall distribute 30 percent of 
     such aggregate number to the category of hospitals described 
     in subclause (II) of clause (ii), 20 percent of such 
     aggregate number to each of the categories of hospitals 
     described in subclauses (I), (III), and (IV) of such clause, 
     and 10 percent of such aggregate number to the category of 
     hospitals described in subclause (V) of such clause, subject 
     to clauses (iii) and (iv).
       ``(ii) Categories of hospitals described.--The following 
     categories of hospitals are described in this clause:

       ``(I) Hospitals that are located in a rural area (as 
     defined in subsection (d)(2)(D)) or are treated as being 
     located in a rural area pursuant to subsection (d)(8)(E), 
     hospitals that are located in a census tract assigned a 
     rural-urban commuting area code of 4 or greater, and 
     hospitals that are a sole community hospital (as defined in 
     subsection (d)(5)(D)(iii)).
       ``(II) Hospitals in which the reference resident level of 
     the hospital (as specified in subparagraph (F)(v)) is greater 
     than the otherwise applicable resident limit.
       ``(III) Hospitals in States with--

       ``(aa) a new medical school that received `Candidate 
     School' status from the Liaison Committee on Medical 
     Education or `Pre-Accreditation' status from the American 
     Osteopathic Association Commission on Osteopathic College 
     Accreditation on or after January 1, 2000, and achieved or 
     continued to progress toward `Full Accreditation' status (as 
     such term is defined by the Liaison Committee on Medical 
     Education) or toward `Accreditation' status (as such term is 
     defined by the American Osteopathic Association Commission on 
     Osteopathic College Accreditation); or
       ``(bb) an additional location or branch campus established 
     on or after January 1, 2000, by a medical school with `Full 
     Accreditation' status (as such term is defined by the Liaison 
     Committee on Medical Education) or `Accreditation' status (as 
     such term is defined by the American Osteopathic Association 
     Commission on Osteopathic College Accreditation).

       ``(IV) Hospitals that are located in or serve an area 
     designated as a health professional shortage area under 
     section 332(a)(1)(A) of the Public Health Service Act or 
     serve a population group designated under section 
     332(a)(1)(B) of such Act, as determined by the Secretary.
       ``(V) Hospitals located in States in the lowest quartile 
     for resident-to-population ratios, as defined by the 
     Secretary.

       ``(iii) Distribution to other hospitals.--Any positions 
     made available under this paragraph that are not distributed 
     to a qualifying hospital in accordance with clause (i) by 
     July 1, 2027, shall be distributed to other hospitals, 
     subject to the requirement under clause (iv). In carrying out 
     the preceding sentence, the Secretary shall ensure that such 
     positions are first offered to qualifying hospitals in 
     categories described in clause (ii) before being distributed 
     to other hospitals.
       ``(iv) Requirement.--A hospital shall only be eligible to 
     receive positions made available under this paragraph if the 
     hospital demonstrates to the Secretary that the hospital is 
     likely to--

       ``(I) fill such positions within the first 5 training years 
     beginning after the date the increase would be effective, as 
     determined by the Secretary; and
       ``(II) use some portion (as specified by the Secretary) of 
     such positions for the residencies described in (A)(iv).

       ``(C) Conditions of distribution.--
       ``(i) In general.--Subject to clause (iv), a hospital that 
     receives an increase in the otherwise applicable resident 
     limit under this paragraph shall ensure, during the 5-year 
     period beginning on the date of such increase, that the 
     numbers of full-time equivalent residents in a primary care 
     or psychiatry residency (as those terms are defined in 
     subparagraph (F)), excluding any additional positions 
     attributable to an increase under this paragraph, are not 
     less than the average numbers of full-time equivalent 
     residents in a primary care or psychiatry residency (as so 
     defined) during the 3 most recent cost reporting periods 
     ending prior to the date of enactment of this paragraph.
       ``(ii) Reporting requirements.--Subject to clause (iv), a 
     hospital that receives an increase in the otherwise 
     applicable resident limit under this paragraph shall, after 
     making a good faith attempt to collect information from 
     former residents, report to the Secretary in a time and 
     manner specified by the Secretary the following information 
     for each year (beginning with the first year for which the 
     hospital receives an increase in the otherwise applicable 
     resident limit under this paragraph), as applicable:

       ``(I) Race and ethnicity of residents.
       ``(II) The practice patterns of residents one and two years 
     after completion of their residency, including the number and 
     percent of residents who--

       ``(aa) practice in a primary care, psychiatry, or other 
     specialty;
       ``(bb) primarily serve or are located in a health 
     professional shortage area with a designation in effect under 
     section 332 of the Public Health Service Act; or
       ``(cc) primarily serve or are located in a rural area (as 
     defined in subsection (d)(2)(D)).
       ``(iii) Requirement for rural hospitals to expand existing 
     programs.--Subject to clause (iv), if a hospital that 
     receives an increase in the otherwise applicable resident 
     limit under this paragraph would be eligible for an 
     adjustment to the otherwise applicable resident limit for 
     participation in a new medical residency training program 
     under section 413.79(e)(3) of title 42, Code of Federal 
     Regulations (or any successor regulation), the hospital shall 
     ensure that any positions made available under this paragraph 
     are used to expand an existing program of the hospital, and 
     not for participation in a new medical residency training 
     program.
       ``(iv) Redistribution of positions if hospital no longer 
     meets certain requirements.--In the case where the Secretary 
     determines that a hospital that receives an increase in the 
     otherwise applicable resident limit under this paragraph does 
     not meet either of the requirements under clause (i), the 
     reporting requirements under clause (ii), or, if applicable, 
     the requirement under clause (iii), the Secretary shall--

       ``(I) reduce the otherwise applicable resident limit of the 
     hospital by the amount by which such limit was increased 
     under this paragraph; and
       ``(II) provide for the distribution of positions 
     attributable to such reduction to other qualifying hospitals 
     in accordance with the requirements of this paragraph.

       ``(v) Limitation.--A hospital may not receive more than 25 
     additional full-time equivalent residency positions under 
     this paragraph.
       ``(D) Application of per resident amounts for primary care 
     and nonprimary care.--With respect to additional residency 
     positions in a hospital attributable to the increase provided 
     under this paragraph, the approved FTE per resident amounts 
     are deemed to be equal to the hospital per resident amounts 
     for primary care and nonprimary care computed under paragraph 
     (2)(D) for that hospital.
       ``(E) Permitting facilities to apply aggregation rules.--
     The Secretary shall permit hospitals receiving additional 
     residency positions attributable to the increase provided 
     under this paragraph to, beginning in the fifth year after 
     the effective date of such increase, apply such positions to 
     the limitation amount under paragraph (4)(F) that may be 
     aggregated pursuant to paragraph (4)(H) among members of the 
     same affiliated group.
       ``(F) Definitions.--In this paragraph:
       ``(i) Otherwise applicable resident limit.--The term 
     `otherwise applicable resident limit' means, with respect to 
     a hospital, the limit otherwise applicable under 
     subparagraphs (F)(i) and (H) of paragraph (4) on the resident 
     level for the hospital determined without regard to this 
     paragraph but taking into account paragraphs (7)(A), (7)(B), 
     (8)(A), (8)(B), or (9)(A).
       ``(ii) Primary care residency.--The term `primary care 
     residency' means a residency training program described in 
     paragraph (5)(H).
       ``(iii) Psychiatry residency.--The term `psychiatry 
     residency' means a residency in psychiatry, addiction 
     medicine, addiction psychiatry, pain medicine, child and 
     adolescent psychiatry, consultation-liaison psychiatry, 
     geriatric psychiatry, brain injury medicine, forensic 
     psychiatry, hospice and palliative medicine, and sleep 
     medicine. Such term includes a residency in a program that is 
     a prerequisite (as determined by the Secretary) for a 
     residency described in the preceding sentence.
       ``(iv) Qualifying hospital.--The term `qualifying hospital' 
     means a hospital described in any of subclauses (I) through 
     (V) of subparagraph (B)(ii).
       ``(v) Reference resident level.--The term `reference 
     resident level' means, with respect to a hospital, the 
     resident level for the most recent cost reporting period of 
     the hospital ending on or before the date of enactment of 
     this paragraph, for which a cost report has been settled (or, 
     if not, submitted (subject to audit)), as determined by the 
     Secretary.
       ``(vi) Resident level.--The term `resident level' has the 
     meaning given such term in paragraph (7)(C)(i).
       ``(G) Funding.--There is appropriated to the Secretary, out 
     of any amounts in the Treasury not otherwise appropriated, 
     $10,000,000, to remain available until expended, for purposes 
     of carrying out this paragraph and subsection 
     (d)(5)(B)(xiii).''.
       (b) IME.--Section 1886(d)(5)(B) of the Social Security Act 
     (42 U.S.C. 1395ww(d)(5)(B)) is amended--
       (1) in clause (v), in the third sentence, by striking ``and 
     (h)(9)'' and inserting ``(h)(9), and (h)(10)'';
       (2) by adding at the end the following new clause:
       ``(xiii) For discharges occurring on or after July 1, 2024, 
     insofar as an additional payment

[[Page H6538]]

     amount under this subparagraph is attributable to resident 
     positions distributed to a hospital under subsection (h)(10), 
     the indirect teaching adjustment factor shall be computed in 
     the same manner as provided under clause (ii) with respect to 
     such resident positions.''.

                        PART 5--HIGHER EDUCATION

     SEC. 137501. 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), section 170(b)(1)(A)(vi), 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 by 
     submitting an application as required 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 or other guidance 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 
     credit amounts described under paragraph (2)(A) which are 
     unused and identified pursuant to subsection (g), the 
     Secretary shall reallocate any portion of such credit amounts 
     that are unused 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 (41), by striking the period at the end 
     of paragraph (42) and inserting ``, plus'', and by adding at 
     the end the following new paragraph:
       ``(43) the public university research infrastructure credit 
     determined under section 45AA.''.

[[Page H6539]]

       (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. 137502. TREATMENT OF FEDERAL PELL GRANTS FOR INCOME TAX 
                   PURPOSES.

       (a) Exclusion From Gross Income.--Section 117(b)(1) is 
     amended by striking ``means any amount'' and all that follows 
     and inserting ``means--
       ``(A) any amount received by an individual 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, 
     and
       ``(B) any amount received by an individual after December 
     31, 2021, and before January 1, 2026, 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 amount described 
     in section 117(b)(1)(B)'' 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. 137503. 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.

           PART 6--DEDUCTION FOR STATE AND LOCAL TAXES, ETC.

     SEC. 137601. MODIFICATION OF LIMITATION ON DEDUCTION FOR 
                   STATE AND LOCAL TAXES, ETC.

       (a) In General.--Paragraph (6) of section 164(b) is 
     amended--
       (1) by striking ``2025'' in the heading and inserting 
     ``2031'',
       (2) by striking ``January 1, 2026'' and inserting ``January 
     1, 2032'',
       (3) in subparagraph (A), by inserting ``or section 
     216(a)(1)'' after ``subsection (a)(1)'',
       (4) in subparagraph (B)--
       (A) by inserting ``(and any tax described in any such 
     paragraph taken into account under section 216(a)(1))'' after 
     ``paragraph (5) of this subsection'', and
       (B) by striking ``shall not exceed $10,000 ($5,000 in the 
     case of a married individual filing a separate return).'' and 
     inserting ``shall not exceed--
       ``(i) in the case of any taxable year beginning after 
     December 31, 2020, and before January 1, 2031, $80,000 
     ($40,000 in the case of an estate, trust, or married 
     individual filing a separate return), and
       ``(ii) in the case of any taxable year beginning after 
     December 31, 2030, and before January 1, 2032, $10,000 
     ($5,000 in the case of an estate, trust, or married 
     individual filing a separate return).'', and
       (5) by striking the last sentence and inserting the 
     following: ``In the case of taxes paid during a taxable year 
     beginning before January 1, 2031, the Secretary shall 
     prescribe regulations or other guidance which treat all or a 
     portion of such taxes as paid in a taxable year or years 
     other than the taxable year in which actually paid as 
     necessary or appropriate to prevent the avoidance of the 
     limitations of this paragraph.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.
       (c) No Inference.--The amendments made by paragraphs (3) or 
     (4)(A), and (5) shall not be construed to create any 
     inference with respect to the proper application of section 
     164(b)(6) or section 216(a) with respect to any taxable year 
     beginning before January 1, 2021.

             Subtitle H--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 Provisions

     SEC. 138101. CORPORATE ALTERNATIVE MINIMUM TAX.

       (a) Imposition of Tax.--
       (1) In general.--Paragraph (2) of section 55(b) is amended 
     to read as follows:
       ``(2) Corporations.--
       ``(A) Applicable corporations.--In the case of an 
     applicable corporation, the tentative minimum tax for the 
     taxable year shall be the excess of--
       ``(i) 15 percent of the adjusted financial statement income 
     for the taxable year (as determined under section 56A), over
       ``(ii) the corporate AMT foreign tax credit for the taxable 
     year.
       ``(B) Other corporations.--In the case of any corporation 
     which is not an applicable corporation, the tentative minimum 
     tax for the taxable year shall be zero.''.
       (2) Applicable corporation.--Section 59 is amended by 
     adding at the end the following new subsection:
       ``(k) Applicable Corporation.--For purposes of this part--
       ``(1) Applicable corporation defined.--
       ``(A) In general.--The term `applicable corporation' means, 
     with respect to any taxable year, any corporation (other than 
     an S corporation, a regulated investment company, or a real 
     estate investment trust) which meets the average annual 
     adjusted financial statement income test of subparagraph (B) 
     for one or more taxable years which--
       ``(i) are prior to such taxable year, and
       ``(ii) end after December 31, 2021.
       ``(B) Average annual adjusted financial statement income 
     test.--For purposes of this subsection--
       ``(i) a corporation meets the average annual adjusted 
     financial statement income test for any taxable year if the 
     average annual adjusted financial statement income of such 
     corporation for the 3-taxable-year period ending with such 
     taxable year exceeds $1,000,000,000, and
       ``(ii) in the case of a corporation described in paragraph 
     (2), such corporation meets the average annual adjusted 
     financial statement income test if--

       ``(I) the corporation meets the requirements of clause (i) 
     (determined after the application of paragraph (2)), and
       ``(II) the average annual adjusted financial statement 
     income of such corporation (determined without regard to the 
     application of paragraph (2)) for the 3-taxable-year-period 
     ending with such taxable year is $100,000,000 or more.

       ``(C) Exception.--Notwithstanding subparagraph (A), the 
     term `applicable corporation' shall not include any 
     corporation which otherwise meets the requirements of 
     subparagraph (A) if--
       ``(i) such corporation--

       ``(I) has a change in ownership, or
       ``(II) has a specified number (to be determined by the 
     Secretary and which shall, as appropriate, take into account 
     the facts and circumstances of the taxpayer) of consecutive 
     taxable years, including the most recent taxable year, in 
     which the corporation does not meet the average annual 
     adjusted financial statement income test of subparagraph (B), 
     and

       ``(ii) the Secretary determines that it would not be 
     appropriate to continue to treat such corporation as an 
     applicable corporation.
     The preceding sentence shall not apply to any corporation if, 
     after the Secretary makes the determination described in 
     clause (ii), such corporation meets the average annual 
     adjusted financial statement income test for any taxable year 
     beginning after the first taxable year for which the 
     determination applies.
       ``(D) Special rules for determining average annual adjusted 
     financial statement income.--Solely for purposes of 
     determining whether a corporation is an applicable 
     corporation under paragraph (1)--
       ``(i) all persons treated as a single employer under 
     subsection (a) or (b) of section 52 shall be treated as 1 
     person, and
       ``(ii) in the case of a foreign corporation, only income 
     described in paragraph (3) or (4) of section 56A(c) shall be 
     taken into account.
       ``(E) Other special rules.--
       ``(i) Corporations in existence for less than 3 years.--If 
     the corporation was in existence for less than 3-taxable 
     years, subparagraph (B) shall be applied on the basis of the 
     period during which such corporation was in existence.
       ``(ii) Short taxable years.--Adjusted financial statement 
     income for any taxable year of less than 12 months shall be 
     annualized by multiplying the adjusted financial statement 
     income for the short period by 12 and dividing the result by 
     the number of months in the short period.
       ``(iii) Treatment of predecessors.--Any reference in this 
     subparagraph to a corporation shall include a reference to 
     any predecessor of such corporation.
       ``(2) Special rule for foreign-parented corporations.--
       ``(A) In general.--Solely for purposes of determining 
     whether a corporation meets the average annual adjusted 
     financial statement income test under paragraph (1)(B)(i), 
     notwithstanding paragraph (1)(D)(ii), any corporation which 
     for any taxable year is a member of an international 
     financial reporting group the common parent of which is a 
     foreign corporation shall include in the adjusted financial 
     statement income of such corporation for such taxable year 
     the adjusted financial statement income of all foreign 
     members of such group.
       ``(B) International financial reporting group.--For 
     purposes of subparagraph (A), the term `international 
     financial reporting group' shall have the meaning given such 
     term by section 163(n)(3).
       ``(3) Regulations or other guidance.--The Secretary shall 
     provide regulations or other guidance for the purposes of 
     carrying out this subsection, including regulations or other 
     guidance--
       ``(A) providing a simplified method for determining whether 
     a corporation meets the requirements of paragraph (1), and
       ``'(B) addressing the application of this subsection to a 
     corporation that experiences a change in ownership.''.
       (3) Reduction for base erosion and anti-abuse tax.--Section 
     55(a)(2) is amended by inserting ``plus, in the case of an 
     applicable corporation (as defined in subsection (b)(2)), the 
     tax imposed by section 59A'' before the period at the end.
       (4) Conforming amendments.--
       (A) Section 55(a) is amended by striking ``In the case of a 
     taxpayer other than a corporation, there'' and inserting 
     ``There''.

[[Page H6540]]

       (B)(i) Section 55(b)(1) is amended--
       (I) by striking so much as precedes subparagraph (A) and 
     inserting the following:
       ``(1) Noncorporate taxpayers.--In the case of a taxpayer 
     other than a corporation--'', and
       (II) by adding at the end the following new subparagraph:
       ``(D) Alternative minimum taxable income.--The term 
     `alternative minimum taxable income' means the taxable income 
     of the taxpayer for the taxable year--
       ``(i) determined with the adjustments provided in section 
     56 and section 58, and
       ``(ii) increased by the amount of the items of tax 
     preference described in section 57.
     If a taxpayer is subject to the regular tax, such taxpayer 
     shall be subject to the tax imposed by this section (and, if 
     the regular tax is determined by reference to an amount other 
     than taxable income, such amount shall be treated as the 
     taxable income of such taxpayer for purposes of the preceding 
     sentence).''.
       (ii) Section 860E(a)(4) is amended by striking ``55(b)(2)'' 
     and inserting ``55(b)(1)(D)''.
       (iii) Section 897(a)(2)(A)(i) is amended by striking 
     ``55(b)(2)'' and inserting ``55(b)(1)(D)''.
       (C) Section 11(d) is amended by striking ``the tax imposed 
     by subsection (a)'' and inserting ``the taxes imposed by 
     subsection (a) and section 55''.
       (D) Section 12 is amended by adding at the end the 
     following new paragraph:
       ``(5) For alternative minimum tax, see section 55.''.
       (E) Section 882(a)(1) is amended by inserting ``, 55,'' 
     after ``section 11''.
       (F) Section 6425(c)(1)(A) is amended to read as follows:
       ``(A) the sum of--
       ``(i) the tax imposed by section 11 or subchapter L of 
     chapter 1, whichever is applicable, plus
       ``(ii) the tax imposed by section 55, plus
       ``(iii) the tax imposed by section 59A, over''.
       (G) Section 6655(e)(2) is amended by inserting ``, adjusted 
     financial statement income (as defined in section 56A),'' 
     before ``and modified taxable income'' each place it appears 
     in subparagraphs (A)(i) and (B)(i).
       (H) Section 6655(g)(1)(A) is amended by redesignating 
     clauses (ii) and (iii) as clauses (iii) and (iv), 
     respectively, and by inserting after clause (i) the following 
     new clause:
       ``(ii) the tax imposed by section 55,''.
       (b) Adjusted Financial Statement Income.--
       (1) In general.--Part VI of subchapter A of chapter 1 is 
     amended by inserting after section 56 the following new 
     section:

     ``SEC. 56A. ADJUSTED FINANCIAL STATEMENT INCOME.

       ``(a) In General.--For purposes of this part, the term 
     `adjusted financial statement income' means, with respect to 
     any corporation for any taxable year, the net income or loss 
     of the taxpayer set forth on the taxpayer's applicable 
     financial statement for such taxable year, adjusted as 
     provided in this section.
       ``(b) Applicable Financial Statement.--For purposes of this 
     section, the term `applicable financial statement' means, 
     with respect to any taxable year, an applicable financial 
     statement (as defined in section 451(b)(3) or as specified by 
     the Secretary in regulations or other guidance) which covers 
     such taxable year.
       ``(c) General Adjustments.--
       ``(1) Statements covering different taxable years.--
     Appropriate adjustments shall be made in adjusted financial 
     statement income in any case in which an applicable financial 
     statement covers a period other than the taxable year.
       ``(2) Special rules for related entities.--
       ``(A) Consolidated financial statements.--If the financial 
     results of a taxpayer are reported on the applicable 
     financial statement for a group of entities, rules similar to 
     the rules of section 451(b)(5) shall apply.
       ``(B) Consolidated returns.--Except as provided in 
     regulations prescribed by the Secretary, if the taxpayer 
     files a consolidated return for any taxable year, adjusted 
     financial statement income of the taxpayer for such taxable 
     year shall take into account items on the taxpayer's 
     applicable financial statement which are properly allocable 
     to members of such group included on such return.
       ``(C) Treatment of dividends and other amounts.--In the 
     case of any corporation which is not included on a 
     consolidated return with the taxpayer, adjusted financial 
     statement income of the taxpayer shall take into account the 
     earnings of such other corporation only to the extent of the 
     sum of the dividends received from such other corporation 
     (reduced to the extent provided by the Secretary in 
     regulations or other guidance) and other amounts required to 
     be included in gross income under this chapter (other than 
     amounts required to be included under sections 951 and 951A) 
     in respect of the earnings of such other corporation.
       ``(D) Group including one or more partnerships.--Under 
     rules prescribed by the Secretary, if the financial results 
     of a taxpayer are reported on the applicable financial 
     statement for a group of entities that includes one or more 
     partnerships, adjusted financial statement income shall take 
     into account the earnings of such partnerships in the same 
     proportion as the taxpayer's distributive share of items from 
     the partnerships required to be included in gross income 
     under this chapter.
       ``(3) Adjustments to take into account certain items of 
     foreign income.--
       ``(A) In general.--If, for any taxable year, a taxpayer is 
     a United States shareholder of one or more controlled foreign 
     corporations, the adjusted financial statement income of such 
     taxpayer shall be adjusted to take into account such 
     taxpayer's pro rata share (determined under rules similar to 
     the rules under section 951(a)(2)) of items taken into 
     account in computing the net income or loss set forth on the 
     applicable financial statement of each such controlled 
     foreign corporation with respect to which such taxpayer is a 
     United States shareholder.
       ``(B) Negative adjustments.--In any case in which the 
     adjustment determined under subparagraph (A) would result in 
     a negative adjustment for such taxable year--
       ``(i) no adjustment shall be made under this paragraph for 
     such taxable year, and
       ``(ii) the amount of the adjustment determined under this 
     paragraph for the succeeding taxable year (determined without 
     regard to this paragraph) shall be reduced by an amount equal 
     to the negative adjustment for such taxable year.
       ``(4) Effectively connected income.--In the case of a 
     foreign corporation, to determine adjusted financial 
     statement income, the principles of section 882 shall apply.
       ``(5) Adjustments for certain taxes.--Adjusted financial 
     statement income shall be appropriately adjusted to disregard 
     any Federal income taxes, or income, war profits, or excess 
     profits taxes (within the meaning of section 901) with 
     respect to a foreign country or possession of the United 
     States, which are taken into account on the taxpayer's 
     applicable financial statement. To the extent provided by the 
     Secretary, the preceding sentence shall not apply to income, 
     war profits, or excess profits taxes (within the meaning of 
     section 901) that are imposed by a foreign country or 
     possession of the United States and taken into account on the 
     taxpayer's applicable financial statement if the taxpayer 
     does not choose to take the benefits of section 901. The 
     Secretary shall prescribe such regulations or other guidance 
     as may be necessary and appropriate to provide for the proper 
     treatment of current and deferred taxes for purposes of this 
     paragraph, including the time at which such taxes are 
     properly taken into account.
       ``(6) Adjustment with respect to disregarded entities.--
     Adjusted financial statement income shall be adjusted to take 
     into account any adjusted financial statement income of a 
     disregarded entity owned by the taxpayer.
       ``(7) Special rule for cooperatives.--In the case of a 
     cooperative to which section 1381 applies, the adjusted 
     financial statement income (determined without regard to this 
     paragraph) shall be reduced by the amounts referred to in 
     section 1382(b) (relating to patronage dividends and per-unit 
     retain allocations) to the extent such amounts were not 
     otherwise taken into account in determining adjusted 
     financial statement income.
       ``(8) Rules for alaska native corporations.--Adjusted 
     financial statement income shall be appropriately adjusted to 
     allow--
       ``(A) cost recovery and depletion attributable to property 
     the basis of which is determined under section 21(c) of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), and
       ``(B) deductions for amounts payable made pursuant to 
     section 7(i) or section 7(j) of such Act (43 U.S.C. 1606(i) 
     and 1606(j)) only at such time as the deductions are allowed 
     for tax purposes.
       ``(9) Amounts attributable to elections for direct payment 
     of certain credits.--Adjusted financial statement income 
     shall be appropriately adjusted to disregard any amount 
     received as a refund of taxes which is attributable to an 
     election under section 6417.
       ``(10) Consistent treatment of mortgage servicing income of 
     taxpayer other than a regulated investment company.--
       ``(A) In general.--Adjusted financial statement income 
     shall be adjusted so as not to include any item of income in 
     connection with a mortgage servicing contract any earlier 
     than when such income is included in gross income under any 
     other provision of this chapter.
       ``(B) Rules for amounts not representing reasonable 
     compensation.--The Secretary shall provide regulations to 
     prevent the avoidance of taxes imposed by this chapter with 
     respect to amounts not representing reasonable compensation 
     (as determined by the Secretary) with respect to a mortgage 
     servicing contract.
       ``(11) Secretarial authority to adjust items.--The 
     Secretary shall issue regulations or other guidance to 
     provide for such adjustments to adjusted financial statement 
     income as the Secretary determines necessary to carry out the 
     purposes of this section, including adjustments--
       ``(A) to prevent the omission or duplication of any item,
       ``(B) to take into account the ownership of a member of a 
     group by a corporation or partnership which is not a member 
     of such group, and
       ``(C) to carry out the principles of part II of subchapter 
     C of this chapter (relating to corporate liquidations), part 
     III of subchapter C of this chapter (relating to corporate 
     organizations and reorganizations), and part II of subchapter 
     K of this chapter (relating to partnership contributions and 
     distributions).
       ``(d) Deduction for Financial Statement Net Operating 
     Loss.--
       ``(1) In general.--Adjusted financial statement income 
     (determined after application of subsection (c) and without 
     regard to this subsection) shall be reduced by an amount 
     equal to the lesser of--
       ``(A) the aggregate amount of financial statement net 
     operating loss carryovers to the taxable year, or
       ``(B) 80 percent of adjusted financial statement income 
     computed without regard to the deduction allowable under this 
     subsection.
       ``(2) Financial statement net operating loss carryover.--A 
     financial statement net operating loss for any taxable year 
     shall be a financial statement net operating loss carryover 
     to each taxable year following the taxable year of the loss. 
     The portion of such loss which shall be carried to subsequent 
     taxable years shall be the amount of such loss remaining (if 
     any) after the application of paragraph (1).

[[Page H6541]]

       ``(3) Financial statement net operating loss defined.--For 
     purposes of this subsection, the term `financial statement 
     net operating loss' means the amount of the net loss (if any) 
     set forth on the corporation's applicable financial statement 
     (determined after application of subsection (c) and without 
     regard to this subsection) for taxable years ending after 
     December 31, 2019.
       ``(e) Regulations and Other Guidance.--The Secretary shall 
     provide for such regulations and other guidance as necessary 
     to carry out the purposes of this section, including 
     regulations and other guidance relating to the effect of the 
     rules of this section on partnerships with income taken into 
     account by an applicable corporation.''.
       (2) Clerical amendment.--The table of sections for part VI 
     of subchapter A of chapter 1 is amended by inserting after 
     the item relating to section 56 the following new item:

``Sec. 56A. Adjusted financial statement income.''.
       (c) Corporate AMT Foreign Tax Credit.--Section 59, as 
     amended by this section, is amended by adding at the end the 
     following new subsection:
       ``(l) Corporate AMT Foreign Tax Credit.--
       ``(1) In general.--For purposes of this part, if an 
     applicable corporation chooses to have the benefits of 
     subpart A of part III of subchapter N for any taxable year, 
     the corporate AMT foreign tax credit for the taxable year of 
     the applicable corporation is an amount equal to sum of--
       ``(A) the lesser of--
       ``(i) the aggregate of the applicable corporation's pro 
     rata share (as determined under section 56A(c)(3)) of the 
     amount of income, war profits, and excess profits taxes 
     (within the meaning of section 901) imposed by any foreign 
     country or possession of the United States which are--

       ``(I) taken into account on the applicable financial 
     statement of each controlled foreign corporation with respect 
     to which the applicable corporation is a United States 
     shareholder, and
       ``(II) paid or accrued (for Federal income tax purposes) by 
     each such controlled foreign corporation, or

       ``(ii) the product of the amount of the adjustment under 
     section 56A(c)(3) and the percentage specified in section 
     55(b)(2)(A)(i), and
       ``(B) the amount of income, war profits, and excess profits 
     taxes (within the meaning of section 901) imposed by any 
     foreign country or possession of the United States to the 
     extent such taxes are--
       ``(i) taken into account on the applicable corporation's 
     applicable financial statement, and
       ``(ii) paid or accrued (for Federal income tax purposes) by 
     the applicable corporation.
       ``(2) Carryover of excess tax paid.--For any taxable year 
     for which an applicable corporation chooses to have the 
     benefits of subpart A of part III of subchapter N, the excess 
     of the amount described in paragraph (1)(A)(i) over the 
     amount described in paragraph (1)(A)(ii) shall increase the 
     amount described in paragraph (1)(A)(i) in any of the first 5 
     succeeding taxable years to the extent not taken into account 
     in a prior taxable year.
       ``(3) Regulations or other guidance.--The Secretary shall 
     provide for such regulations or other guidance as is 
     necessary to carry out the purposes of this subsection.''.
       (d) Treatment of General Business Credit.--Section 
     38(c)(6)(E) is amended to read as follows:
       ``(E) Corporations.--In the case of a corporation--
       ``(i) the first sentence of paragraph (1) shall be applied 
     by substituting `25 percent of the taxpayer's net income tax 
     as exceeds $25,000' for `the greater of' and all that 
     follows,
       ``(ii) paragraph (2)(A) shall be applied without regard to 
     clause (ii)(I) thereof, and
       ``(iii) paragraph (4)(A) shall be applied without regard to 
     clause (ii)(I) thereof.''.
       (e) Credit for Prior Year Minimum Tax Liability.--
       (1) In general.--Section 53(e) is amended to read as 
     follows:
       ``(e) Application to Applicable Corporations.--In the case 
     of a corporation--
       ``(1) subsection (b)(1) shall be applied by substituting 
     `the net minimum tax for all prior taxable years beginning 
     after 2022' for `the adjusted net minimum tax imposed for all 
     prior taxable years beginning after 1986', and
       ``(2) the amount determined under subsection (c)(1) shall 
     be increased by the amount of tax imposed under section 59A 
     for the taxable year.''.
       (2) Conforming amendments.--Section 53(d) is amended--
       (A) in paragraph (2), by striking ``, except that in the 
     case'' and all that follows through ``treated as zero'', and
       (B) by striking paragraph (3).
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2022.

     SEC. 138102. EXCISE TAX ON REPURCHASE OF CORPORATE STOCK.

       (a) In General.--Subtitle D is amended by inserting after 
     chapter 36 the following new chapter:

              ``CHAPTER 37--REPURCHASE OF CORPORATE STOCK

``Sec. 4501. Repurchase of corporate stock.

     ``SEC. 4501. REPURCHASE OF CORPORATE STOCK.

       ``(a) General Rule.--There is hereby imposed on each 
     covered corporation a tax equal to 1 percent of the fair 
     market value of any stock of the corporation which is 
     repurchased by such corporation during the taxable year.
       ``(b) Covered Corporation.--For purposes of this section, 
     the term `covered corporation' means any domestic corporation 
     the stock of which is traded on an established securities 
     market (within the meaning of section 7704(b)(1)).
       ``(c) Repurchase.--For purposes of this section--
       ``(1) In general.--The term `repurchase' means--
       ``(A) a redemption within the meaning of section 317(b) 
     with regard to the stock of a covered corporation, and
       ``(B) any transaction determined by the Secretary to be 
     economically similar to a transaction described in 
     subparagraph (A).
       ``(2) Treatment of purchases by specified affiliates.--
       ``(A) In general.--The acquisition of stock of a covered 
     corporation by a specified affiliate of such covered 
     corporation, from a person who is not the covered corporation 
     or a specified affiliate of such covered corporation, shall 
     be treated as a repurchase of the stock of the covered 
     corporation by such covered corporation.
       ``(B) Specified affiliate.--For purposes of this section, 
     the term `specified affiliate' means, with respect to any 
     corporation--
       ``(i) any corporation more than 50 percent of the stock of 
     which is owned (by vote or by value), directly or indirectly, 
     by such corporation, and
       ``(ii) any partnership more than 50 percent of the capital 
     interests or profits interests of which is held, directly or 
     indirectly, by such corporation.
       ``(3) Adjustment.--The amount taken into account under 
     subsection (a) with respect to any stock repurchased by a 
     covered corporation shall be reduced by the fair market value 
     of any stock issued by the covered corporation during the 
     taxable year, including the fair market value of any stock 
     issued to employees of such covered corporation or a 
     specified affiliate of such covered corporation during the 
     taxable year, whether or not such stock is issued in response 
     to the exercise of an option to purchase such stock.
       ``(d) Special Rules for Acquisition of Stock of Certain 
     Foreign Corporations.--
       ``(1) In general.--In the case of an acquisition of stock 
     of an applicable foreign corporation by a specified affiliate 
     of such corporation (other than a foreign corporation or a 
     foreign partnership (unless such partnership has a domestic 
     entity as a direct or indirect partner)) from a person who is 
     not the applicable foreign corporation or a specified 
     affiliate of such applicable foreign corporation, for 
     purposes of this section--
       ``(A) such specified affiliate shall be treated as a 
     covered corporation with respect to such acquisition,
       ``(B) such acquisition shall be treated as a repurchase of 
     stock of a covered corporation by such covered corporation, 
     and
       ``(C) the adjustment under subsection (c)(3) shall be 
     determined only with respect to stock issued by such 
     specified affiliate to employees of the specified affiliate.
       ``(2) Surrogate foreign corporations.--In the case of a 
     repurchase of stock of a covered surrogate foreign 
     corporation by such covered surrogate foreign corporation, or 
     an acquisition of stock of a covered surrogate foreign 
     corporation by a specified affiliate of such corporation, for 
     purposes of this section--
       ``(A) the expatriated entity with respect to such covered 
     surrogate foreign corporation shall be treated as a covered 
     corporation with respect to such repurchase or acquisition,
       ``(B) such repurchase or acquisition shall be treated as a 
     repurchase of stock of a covered corporation by such covered 
     corporation, and
       ``(C) the adjustment under subsection (c)(3) shall be 
     determined only with respect to stock issued by such 
     expatriated entity to employees of the expatriated entity.
       ``(3) Definitions.--For purposes of this subsection--
       ``(A) Applicable foreign corporation.--The term `applicable 
     foreign corporation' means any foreign corporation the stock 
     of which is traded on an established securities market 
     (within the meaning of section 7704(b)(1)).
       ``(B) Covered surrogate foreign corporation.--The term 
     `covered surrogate foreign corporation' means any surrogate 
     foreign corporation (as determined under section 
     7874(a)(2)(B) by substituting `September 20, 2021' for `March 
     4, 2003' each place it appears) the stock of which is traded 
     on an established securities market (within the meaning of 
     section 7704(b)(1)), but only with respect to taxable years 
     which include any portion of the applicable period with 
     respect to such corporation under section 7874(d)(1).
       ``(C) Expatriated entity.--The term `expatriated entity' 
     has the meaning given such term by section 7874(a)(2)(A).
       ``(e) Exceptions.--Subsection (a) shall not apply--
       ``(1) to the extent that the repurchase is part of a 
     reorganization (within the meaning of section 368(a)) and no 
     gain or loss is recognized on such repurchase by the 
     shareholder under chapter 1 by reason of such reorganization,
       ``(2) in any case in which the stock repurchased is, or an 
     amount of stock equal to the value of the stock repurchased 
     is, contributed to an employer-sponsored retirement plan, 
     employee stock ownership plan, or similar plan,
       ``(3) in any case in which the total value of the stock 
     repurchased during the taxable year does not exceed 
     $1,000,000,
       ``(4) under regulations prescribed by the Secretary, in 
     cases in which the repurchase is by a dealer in securities in 
     the ordinary course of business,
       ``(5) to repurchases by a regulated investment company (as 
     defined in section 851) or a real estate investment trust, or
       ``(6) to the extent that the repurchase is treated as a 
     dividend for purposes of this title.
       ``(f) Regulations and Guidance.--The Secretary shall 
     prescribe such regulations and other guidance as are 
     necessary or appropriate to administer and to prevent the 
     avoidance of

[[Page H6542]]

     the purposes of this section, including regulations and other 
     guidance--
       ``(1) to prevent the abuse of the exceptions provided by 
     subsection (e),
       ``(2) to address special classes of stock and preferred 
     stock, and
       ``(3) for the application of the rules under subsection 
     (d).''.
       (b) Tax Not Deductible.--Paragraph (6) of section 275(a) is 
     amended by inserting ``37,'' before ``41''.
       (c) Clerical Amendment.--The table of chapters for subtitle 
     D is amended by inserting after the item relating to chapter 
     36 the following new item:

             ``Chapter 37--Repurchase of Corporate Stock''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to repurchases (within the meaning of section 
     4501(c) of the Internal Revenue Code of 1986, as added by 
     this section) of stock after December 31, 2021.

        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) of such 
     section (determined without regard to paragraph (4)(B) of 
     such section), and
       ``(iii) any S corporation, real estate investment trust, or 
     regulated investment company.
       ``(B) Aggregation rule.--For purposes of clauses (i) and 
     (ii) of subparagraph (A), all domestic corporations which are 
     members of the same international financial reporting group 
     shall be treated as a single corporation.
       ``(C) Foreign corporations engaged in trade or business 
     within the united states.--If a foreign corporation is 
     engaged in a trade or business within the United States, such 
     foreign corporation shall be treated as a domestic 
     corporation with respect to the items that are effectively 
     connected with such trade or business.
       ``(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) Election to include eligible corporations in group.--
       ``(i) In general.--To the extent provided by the Secretary 
     in regulations or other guidance, an international financial 
     reporting group may elect (at such time and in such manner as 
     the Secretary may provide) to treat all eligible corporations 
     with respect to such group as members of such group for 
     purposes of this subsection. As a condition of such election, 
     all such eligible corporations must maintain (and provide 
     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 corporations. Such 
     election may be revoked only with the consent of the 
     Secretary.
       ``(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 subparagraph).
       ``(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) 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) Determination of ebitda of a specified domestic 
     corporation.--The EBITDA of any specified domestic 
     corporation shall be determined on a stand-alone basis and 
     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) 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) treats interest income of a controlled foreign 
     corporation which is subpart F income, and any interest 
     expense of such corporation which is related to subpart F 
     income, as income and interest expense, respectively, of a 
     specified domestic corporation for purposes of this 
     subsection,
       ``(D) prevents the omission, inclusion, or duplication of 
     any item or amount of interest income or interest expense, 
     and
       ``(E) 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,
       ``(ii) a domestic corporation that owns (directly or 
     indirectly) an interest in an entity that is fiscally 
     transparent in one or more jurisdictions, and
       ``(iii) a foreign corporation to which this subsection 
     applies by reason of paragraph (2)(C).''.
       (b) Modification of Application of Limitation on Business 
     Interest to Partnerships and S Corporations.--
       (1) In general.--Section 163(j)(4) is amended to read as 
     follows:
       ``(4) Application to partnerships and s corporations.--
       ``(A) In general.--In the case of any partnership or S 
     corporation, this subsection shall be applied at the partner 
     or shareholder level, respectively.
       ``(B) Application of exemption for certain small 
     businesses.--In the case of any partnership or S corporation 
     which does not meet the gross receipts test of section 448(c) 
     for any taxable year, paragraph (3) shall not apply with 
     respect to any distributive, or pro rata, share of business 
     interest and other items under this subsection of such 
     partnership or S corporation.
       ``(C) 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--
       ``(i) for requiring or restricting the allocation of 
     business interest and other items under this subsection,
       ``(ii) to provide for such reporting requirements as the 
     Secretary determines appropriate, and

[[Page H6543]]

       ``(iii) for the application of this subsection in the case 
     of tiered structures or trades or businesses described in 
     paragraph (7).''.
       (2) Conforming amendment.--Section 163(j)(3) is amended by 
     inserting ``except to the extent provided in paragraph 
     (4)(B)'' after ``to such taxpayer for such taxable year''.
       (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.--The 
     amount of any interest not allowed as a deduction for any 
     taxable year by reason of subsection (j) 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) to the extent such amount is 
     properly attributable to a trade or business as defined in 
     subsection (j)(7)) paid or accrued in the succeeding taxable 
     year.''.
       (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, 
     2022.
       (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, 2022, 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. A rule similar to the rule 
     in the preceding sentence shall apply in the case of an S 
     corporation and its shareholders. 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) 24.8 percent of the foreign-derived intangible income 
     of such domestic corporation for such taxable year, plus
       ``(2) 28.5 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 described in clause (i) or (ii) of 
     section 904(d)(2)(B), determined without regard to clause 
     (iii)(II) thereof,
       ``(VIII) except as otherwise provided by the Secretary, any 
     income and gain from the sale or other disposition (including 
     the deemed sale or other deemed disposition) of property 
     giving rise to rents or royalties derived in the active 
     conduct of a trade or business, 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 (or, in the case of a 
     common parent which is not required to file a return of tax 
     under this chapter, the delegate of such common parent) 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.''.

       (C) Section 250(b)(5)(E) is amended by inserting ``(other 
     than paragraph (3)(A)(i)(VIII))'' after ``For purposes of 
     this subsection''.
       (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 provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2022.
       (2) Certain modifications.--The amendments made by 
     subsection (c) shall apply to taxable years beginning after 
     the date of the enactment of this Act.
       (e) No Inference Regarding Certain Modifications.--The 
     amendments made by subsection (c) shall not be construed to 
     create any inference with respect to the proper application 
     of any provision of the Internal Revenue Code of 1986 with 
     respect to any taxable year beginning before the taxable 
     years to which such amendments apply.
       (f) Transition Rule for Accelerated Percentage Reduction.--
       (1) In general.--In the case of any taxable year which 
     includes December 31, 2022 (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 24.8 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 28.5 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 number of days in such taxable year which are 
     before January 1, 2023, bears to the number of days in such 
     taxable year, and
       (B) the term ``post-effective date percentage'' means the 
     ratio that the number of days in such taxable year which are 
     after December 31, 2022, bears to the number of days in such 
     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, 2022.
       (c) Transition Rule.--In the case of a corporation that is 
     a specified foreign corporation as of November 30, 2022, such 
     corporation's first taxable year beginning after such date 
     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. If any specified foreign 
     corporation is required by this section (or the amendments 
     made by this section) to change its taxable year for its 
     first taxable year beginning after November 30, 2022--
       (1) such change shall be treated as initiated by such 
     corporation,
       (2) such change shall be treated as having been made with 
     the consent of the Secretary, and
       (3) the Secretary (including the Secretary's delegate in 
     the case of any reference to the Secretary in this paragraph) 
     shall issue regulations or other guidance for allocating 
     foreign taxes that accrue in such first taxable year between 
     such taxable year and the prior taxable year, including such 
     adjustments as the Secretary determines are necessary or 
     appropriate to carry out the purposes of this section.

     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.--

[[Page H6544]]

       ``(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 (or 
     any political subdivision, agency, or instrumentality 
     thereof).
       ``(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 amounts paid or accrued after December 31, 
     2021.

     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.--Subsection (d) (and the provisions of 
     this title referred to in paragraph (1) of such subsection) 
     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 (or, in the case of a 
     branch, is located in) 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) Certain foreign corporations.--Each 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 with respect to which 
     such taxpayer or 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 entity 
     subject to tax under the tax law of a country as a resident. 
     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 entities, 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 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 do not 
     give rise to a 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 a separate country.
       ``(E) Possession of the united states.--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 
     an entity or arrangement that is considered a tax resident of 
     more than one country or of 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 separate limitation losses with respect 
     to global intangible low-taxed income.--
       (A) In general.--Section 904(f)(5)(B) is amended to read as 
     follows:
       ``(B) Allocation of losses.--Except as otherwise provided 
     in this subparagraph, the separate limitation losses for any 
     taxable year (to the extent such losses do not exceed the 
     separate limitation incomes for such year) shall be allocated 
     among (and operate to reduce) such incomes on a proportionate 
     basis. In the case of a separate limitation loss for any 
     taxable year in any category other than subparagraph 
     (d)(1)(A), the amount of such separate limitation loss shall 
     be allocated among (and operate to reduce) separate 
     limitation income in any category other than income described 
     in subparagraph (d)(1)(A) on a proportionate basis (without 
     regard to income described in subparagraph (d)(1)(A)). The 
     remaining separate limitation losses may reduce separate 
     limitation income described in subparagraph (d)(1)(A) only to 
     the extent that the aggregate amount of such losses exceeds 
     the aggregate amount of separate limitation incomes (other 
     than income described in subparagraph (d)(1)(A)) for such 
     taxable year.''.
       (B) Income category.--Section 904(f)(5)(E)(i) is amended to 
     read as follows:
       ``(i) Income category.--The term `income category' means 
     each category of income with respect to which this section is 
     required to be applied separately by reason of any provision 
     of this title.''.
       (C) Separate limitation loss.--Section 904(f)(5)(E)(iii) is 
     amended to read as follows:
       ``(iii) Separate limitation loss.--The term `separate 
     limitation loss' means, with respect to any income category, 
     the amount by which the gross income from sources outside the 
     United States is exceeded by the sum of the deductions 
     properly allocated and apportioned thereto.''.
       (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 250(b)(3)(A) is amended--
       (A) by striking subclause (VI) of clause (i) and inserting 
     the following new subclause:

       ``(VI) the income which is attributable to 1 or more 
     branches (within the meaning of section 904(e)(3)(C)) or 
     pass-through entities (within the meaning of section 
     904(e)(3)(B)) 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) Amendments.--
       (A) Section 904(d)(2)(A)(ii) is amended by striking ``, 
     foreign branch income,''.
       (B) Section 904(d)(2)(H) is amended to read as follows:
       ``(H) Treatment of income tax base differences.--The 
     Secretary shall issue regulations or other guidance assigning 
     to the proper category of income any tax imposed under the 
     law of a foreign country or possession of the United States 
     on an amount which does not constitute income under United 
     States tax principles.''.
       (C) Section 904(d)(2) is amended by striking subparagraph 
     (J).
       (c) Modification of Foreign Tax Credit Carryback and 
     Carryforward.--
       (1) 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.
       (2) Application to limitation on foreign oil and gas 
     taxes.--Section 907(f)(1) is amended by striking ``in the 
     first preceding taxable year and''.
       (3) Application of carryforward to taxes on global 
     intangible low-taxed income.--
       (A) In general.--Section 904(c) is amended by striking the 
     last sentence.
       (B) Temporary limitation of carryforward to 5 taxable 
     years.--Section 904(c), as amended by the preceding 
     provisions of this Act, is amended--
       (i) by striking ``Any amount by which all taxes'' and all 
     that precedes it and inserting the following:
       ``(c) Carryback and Carryover of Excess Tax Paid.--
       ``(1) In general.--Any amount by which all taxes'', and

[[Page H6545]]

       (ii) by adding at the end the following new paragraph:
       ``(2) Temporary limitation on carryforward of taxes on 
     global intangible low-taxed income.--
       ``(A) In general.--In the case of taxes paid or accrued 
     with respect to amounts described in subsection (d)(1)(A), 
     paragraph (1) shall be applied by substituting `5 succeeding 
     taxable years' for `10 succeeding taxable years'.
       ``(B) Termination.--Subparagraph (A) shall not apply to any 
     tax paid or accrued in a taxable year beginning after 
     December 31, 2030.''.
       (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--
       ``(A) by allocating and apportioning any deduction allowed 
     under section 250(a)(2) (and any deduction allowed under 
     section 164(a)(3) for taxes imposed on amounts described in 
     section 250(a)(2)) to such income, and
       ``(B) by allocating and apportioning any other deduction to 
     such income only if the Secretary determines that such 
     deduction is directly allocable to such income.
     Any deduction which would (but for subparagraph (B)) have 
     been allocated or apportioned to such income shall only be 
     allocated or apportioned to income which is from sources 
     within the United States.''.
       (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 under 
     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 a 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 prevent the avoidance of, the purposes of 
     this paragraph.''.
       (g) Redetermination of Foreign Taxes and Related Claims.--
       (1) In general.--Section 905(c) is amended--
       (A) in paragraph (1), 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,'',
       (B) in paragraph (2)(B), by striking ``Any such taxes'' and 
     inserting ``Except as otherwise provided by the Secretary, 
     any such taxes'', and
       (C) by striking ``Accrued'' in the heading thereof.
       (2) Modification to time for claiming credit or 
     deduction.--Section 901(a) is amended by striking the second 
     sentence and inserting the following: `` Such choice for any 
     taxable year may be made or changed at any time before the 
     expiration of the applicable period prescribed by section 
     6511 for making a claim for credit or refund of an 
     overpayment of the tax imposed by this chapter for such 
     taxable year that is attributable to such amounts.''.
       (3) Modification to special period of limitation.--Section 
     6511(d)(3) is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``a change in the liability for'' before 
     ``any taxes paid or accrued'',
       (ii) by striking ``actually paid'' and inserting ``paid (or 
     deemed paid under section 960)'', and
       (iii) by inserting ``change in the liability for'' before 
     ``foreign taxes'' in the heading thereof, and
       (B) in subparagraph (B), by striking ``the allowance of a 
     credit for the taxes'' and inserting ``the allowance of an 
     additional credit by reason of the change in liability for 
     the taxes''.
       (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, 2022.
       (2) Modification of foreign tax credit carryback and 
     carryforward.--The amendments made by subsection (c) shall 
     apply to taxes paid or accrued in taxable years beginning 
     after December 31, 2022.
       (3) Treatment of certain asset dispositions.--
       (A) In general.--The amendment made by subsection (f) shall 
     apply to transactions after the date of the enactment of this 
     Act.
       (B) Binding contract exception.--The amendment made by 
     subsection (f) shall not apply to any transaction which is 
     made pursuant to a written binding contract which was in 
     effect on September 13, 2021, and is not modified in any 
     material respect thereafter.
       (4) Redetermination of foreign taxes and related claims.--
       (A) In general.--Except as otherwise provided in this 
     paragraph, the amendments made by subsection (g) shall apply 
     to taxes paid or accrued in taxable years beginning after 
     December 31, 2021.
       (B) Certain changes.--The amendments made by subparagraphs 
     (A) and (C) of subsection (g)(1) shall apply to changes that 
     occur on or after the date which is 60 days after the date of 
     the enactment of this Act.
       (C) Modification to special period of limitation.--The 
     amendments made by subsection (g)(3) shall apply to taxes 
     paid, accrued, or deemed paid in taxable years beginning 
     after December 31, 2021.
       (i) Regulations.--The Secretary shall issue regulations or 
     other guidance providing for the application of subsections 
     (d), (e), (f), and (g) of section 904 of the Internal Revenue 
     Code of 1986 (as amended by this section) with respect to 
     amounts carried over under subsections (c), (f), or (g) from 
     a taxable year with respect to which subsection (e) of such 
     section does not apply to a taxable year with respect to 
     which such subsection (e) does apply and from a taxable year 
     with respect to which subsection (d)(1)(B) of such section 
     (determined without regard to the amendments made by this 
     section) applies to a taxable year with respect to which such 
     section does not 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 beginning after December 31, 
     2021.

     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 (or, in the case of a 
     branch, is located in) 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 (or, in the 
     case of a branch, is located in)--
       ``(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 such country, and
       ``(B) for purposes of determining such separate amounts of 
     global intangible low-taxed income--
       ``(i) except as otherwise provided by the Secretary, 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 the CFC taxable units of such 
     shareholder which are 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 in clause (ii), (iii), or (iv) of 
     section 904(e)(2)(B), determined--
       ``(i) by substituting `Each controlled foreign corporation' 
     for `Each foreign corporation' in clause (ii) of such 
     section, and
       ``(ii) 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 section 904(e).
       ``(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,

[[Page H6546]]

       ``(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,
       ``(3) appropriate adjustments to the basis of stock and 
     other ownership interests, and to earnings and profits, to 
     reflect tested losses (whether or not taken into account in 
     determining global intangible low-taxed income),
       ``(4) rules similar to the rules provided under the 
     regulations or guidance issued under section 904(e)(4),
       ``(5) other appropriate basis adjustments,
       ``(6) appropriate adjustments to be made, and appropriate 
     tax attributes and records to be maintained, separately with 
     respect to CFC taxable units, and
       ``(7) appropriate adjustments in determining tested income 
     or tested loss if property is transferred between related 
     parties or amounts are paid or accrued between related 
     parties.''.
       (2) Conforming amendment.--Section 951A(d) is amended--
       (A) by striking paragraph (4), and
       (B) by redesignating the second paragraph (3) (relating to 
     partnership property) as paragraph (4).
       (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 with respect to 
     amounts arising in preceding taxable years) 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)(i) 
     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 
     provisions 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, 2022, and to taxable years of United States 
     shareholders in which or with which such taxable years of 
     foreign corporations end.
       (2) Regulatory authority and coordination with other 
     provisions.--The amendments made by subsections (b) and (f) 
     shall apply to taxable years of foreign corporations 
     beginning after the date of the enactment of this Act, and to 
     taxable years of United States shareholders in which or with 
     which such taxable years of foreign corporations end.
       (h) No Inference Regarding Certain Modifications.--The 
     amendments made by subsections (b) and (f) shall not be 
     construed to create any inference with respect to the proper 
     application of any provision of the Internal Revenue Code of 
     1986 with respect to any taxable year beginning before the 
     taxable years to which such amendments apply.

     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.--
       (1) In general.--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--
       ``(A) the foreign income taxes paid or accrued by such 
     foreign corporation which are properly attributable to the 
     tested income or tested loss of such foreign corporation 
     taken into account by such domestic corporation under section 
     951A, 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 
     a 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(c)(2), and
       ``(ii) no credit is allowed, in whole or in part, for such 
     foreign taxes in any foreign jurisdiction.''.
       (2) Conforming amendment.--Section 960(d)(2)(B) is amended 
     by striking ``the aggregate amount described in section 
     951A(c)(1)(A)'' and inserting ``the net CFC tested income (as 
     defined in section 951A(c)(1))''.
       (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) Disallowance of Foreign Tax Credit With Respect to 
     Distributions of Previously Taxed Global Intangible Low-taxed 
     Income.--Section 960(d) is amended by adding at the end the 
     following new paragraph:
       ``(4) Disallowance of foreign tax credit with respect to 
     distributions of previously taxed global intangible low-taxed 
     income.--No credit shall be allowed under section 901 for 20 
     percent of any foreign income taxes paid or accrued (or 
     deemed paid under section 960(b)(1)) with respect to any 
     amount excluded from gross income under section 959(a) by 
     reason of an inclusion in gross income under section 
     951A(a).''.
       (e) Modification of Disallowance of Foreign Tax Credit 
     Respect to Distributions of Previously Taxed Global 
     Intangible Low-taxed Income.--Section 960(d)(4), as added by 
     subsection (d), is amended by striking ``20 percent'' and 
     inserting ``5 percent''.
       (f) 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, 2022, and to taxable years of United States 
     shareholders in which or with which such taxable years of 
     foreign corporations end.
       (2) Subsections (c) and (d).--The amendments made by 
     subsections (c) and (d) shall apply to taxable years of 
     foreign corporations beginning after the date of the 
     enactment of this Act, and to taxable years of United States 
     shareholders in which or with which such taxable years of 
     foreign corporations end.
       (g) No Inference Regarding Certain Modifications.--The 
     amendments made by subsections (c) and (d) shall not be 
     construed to create any inference with respect to the proper 
     application of any provision of the Internal Revenue Code of 
     1986 with respect to any taxable year beginning before the 
     taxable years to which such amendments apply.

     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), and 
     957) 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) section 951A shall be applied with respect to such 
     shareholder --

[[Page H6547]]

       ``(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)(1) 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 a 
     controlled foreign corporation for purposes of this title.
       ``(B) Exceptions.--Notwithstanding any other provision of 
     this paragraph, a foreign corporation shall not be treated as 
     a controlled foreign corporation by reason of this paragraph 
     for purposes of any provision of this title if the Secretary 
     determines that treatment of such foreign corporation as a 
     controlled foreign corporation for purposes of such provision 
     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 described in section 
     381(a) with respect to any corporation 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) Section 959(b) is amended--
       (A) by striking ``the earnings and profits of a controlled 
     foreign corporation'' and inserting ``the earnings and 
     profits of a foreign corporation'',
       (B) by striking ``another controlled foreign corporation'' 
     and inserting ``a controlled foreign corporation'',
       (C) by striking ``such other controlled foreign 
     corporation'' and inserting ``such controlled foreign 
     corporation'', and
       (D) by striking ``of such United States shareholder in the 
     controlled foreign corporation'' and inserting ``of such 
     United States shareholder in the foreign corporation''.
       (5) 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(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''.
       (2) 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 purposes 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 transactions with related parties 
     which--
       ``(i) do not occur in the ordinary course of a trade or 
     business, and
       ``(ii) occur 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 a United States 
     shareholder's pro rata share of a controlled foreign 
     corporation's subpart F income or tested income (as defined 
     in section 951A).''.
       (d) Conforming Amendments.--
       (1) Section 91 is amended--
       (A) in subsection (a), by striking ``specified 10-percent 
     owned foreign corporation (as defined in section 245A)'' and 
     inserting ``controlled foreign corporation'', and
       (B) in subsection (e), by striking ``specified 10-percent 
     owned foreign corporation'' and inserting ``controlled 
     foreign corporation''.
       (2)(A) The heading of section 245A is amended by striking 
     ``specified 10-percent owned foreign corporations'' and 
     inserting ``controlled foreign corporations''.
       (B) The item relating to section 245A in the table of 
     sections for part VIII of subchapter B of chapter 1 is 
     amended by striking ``specified 10-percent owned foreign 
     corporations'' and inserting ``controlled foreign 
     corporations''.
       (3) Section 246(c)(5) is amended--
       (A) in subparagraph (B), by striking ``specified 10-percent 
     owned foreign corporation'' each place it appears and 
     inserting ``controlled foreign corporation'', and
       (B) by striking ``specified 10-percent owned foreign 
     corporation'' in the heading and inserting ``controlled 
     foreign corporation''.
       (4) Section 904 is amended--
       (A) in subsection (b)(4), by striking ``specified 10-
     percent owned foreign corporation'' both places it appears 
     and inserting ``controlled foreign corporation'', and
       (B) in subsection (d)(2)(E)--
       (i) in clause (i)(I), by striking ``(as defined in section 
     245A(b))'', and
       (ii) by redesignating clause (ii) as clause (iii) and by 
     inserting after clause (i) the following new clause:
       ``(ii) Specified 10-percent owned foreign corporation.--For 
     purposes of this subparagraph--

       ``(I) In general.--The term `specified 10-percent owned 
     foreign corporation' means any foreign corporation with 
     respect to which any domestic corporation is a United States 
     shareholder with respect to such corporation.
       ``(II) Exclusion of passive foreign investment companies.--
     Such term shall not include any corporation which is a 
     passive foreign investment company (as defined in section 
     1297) with respect to the shareholder and which is not a 
     controlled foreign corporation.''.

       (5) Section 909(b) is amended by striking ``(as defined in 
     section 245A(b) without regard to paragraph (2) thereof)'' 
     and inserting ``(as defined in section 904(d)(2)(E)(ii) 
     without regard to subclause (II) thereof)''.
       (6) Section 961(d) is amended--
       (A) by striking ``specified 10-percent owned foreign 
     corporation (as defined in section 245A)'' and inserting 
     ``controlled foreign corporation'', and
       (B) by striking ``Specified 10-percent Owned Foreign 
     Corporation'' in the heading and inserting ``Controlled 
     Foreign Corporation''.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section 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 taxable years of foreign 
     corporations beginning after the date of the enactment of 
     this Act, and taxable years of United States persons in which 
     or with which such taxable years of foreign corporations end.
       (f) No Inference Regarding Certain Modifications.--The 
     amendments made by subsections (b)(1), (b)(3), (b)(5), and 
     (c) shall not be construed to create any inference with 
     respect to the proper application of any provision of the 
     Internal Revenue Code of 1986 with respect to distributions 
     made, or taxable years beginning, respectively, before the 
     distributions or taxable years, respectively, to which such 
     amendments apply.

     SEC. 138129. LIMITATION ON FOREIGN BASE COMPANY SALES AND 
                   SERVICES INCOME.

       (a) Foreign Base Company Sales Income.--

[[Page H6548]]

       (1) In general.--Section 954(d)(2) is amended to read as 
     follows:
       ``(2) Limitation and regulatory authority.--
       ``(A) In general.--For purposes of this subsection, the 
     term `related person' shall not include any person unless 
     such person is--
       ``(i) a taxable unit which is a tax resident of (or, in the 
     case of a branch, is located in) the United States, or
       ``(ii) is subject to tax under this chapter by reason of 
     such person's activities in 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 subsection (and 
     subsection (e)), including--
       ``(i) regulations or other guidance providing for the 
     proper application of subparagraph (A) in the case of a 
     transaction (or series of transactions) in which a person 
     described in subparagraph (A) is a party, and
       ``(ii) regulations or other guidance providing that a pass-
     through entity or branch held directly or indirectly by a 
     controlled foreign corporation (whether tax resident or 
     located inside or outside the country in which the controlled 
     foreign corporation is a tax resident) shall be treated as a 
     wholly owned subsidiary of the controlled foreign 
     corporation.
       ``(C) Certain terms.--Any term used in this subsection or 
     subsection (e) which is also used in section 904(e) shall 
     have the same meaning as when used in such section.''.
       (2) Conforming amendment.--Section 954(d)(1)(A) is amended 
     by striking ``under the laws of which the controlled foreign 
     corporation is created or organized'' and inserting ``in 
     which the controlled foreign corporation is a tax resident''.
       (b) Foreign Base Company Services Income.--
       (1) In general.--Section 954(e)(1)(A) is amended by 
     striking ``subsection (d)(3)'' and inserting ``subsection 
     (d)''.
       (2) Conforming amendment.--Section 954(e)(1)(B) is amended 
     by striking ``under the laws of which the controlled foreign 
     corporation is created or organized'' and inserting ``in 
     which the controlled foreign corporation is a tax resident''.
       (c) Certain Other Modifications.--
       (1) Section 78 is amended by striking ``, (b),''.
       (2)(A) Section 951(a) is amended to read as follows:
       ``(a) Amounts Included.--
       ``(1) In general.--If a foreign corporation is a controlled 
     foreign corporation on any day during a taxable year, every 
     person who is a United States shareholder of such 
     corporation, and who owns (within the meaning of section 
     958(a)) stock in such corporation on any such day, shall 
     include in such shareholder's gross income for such 
     shareholder's taxable year in which or with which such 
     taxable year of such corporation ends--
       ``(A) his pro rata share (determined under paragraph (2)) 
     of the corporation's subpart F income for such year, and
       ``(B) 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, the amount determined under section 956 with 
     respect to such shareholder for such year (but only to the 
     extent not excluded from gross income under section 
     959(a)(2)).
       ``(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.

       ``(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.''.
       (B) Section 951A(a) is amended to read as follows:
       ``(a) In General.--If a foreign corporation is a controlled 
     foreign corporation on any day during a taxable year, every 
     person who is a United States shareholder of such 
     corporation, and who owns (within the meaning of section 
     958(a)) stock in such corporation on any such day, shall 
     include in such shareholder's gross income for such 
     shareholder's taxable year in which or with which such 
     taxable year of such corporation ends, such shareholder's 
     global intangible low-taxed income for such taxable year.''.
       (C) Section 951A(e) is amended to read as follows:
       ``(e) Determination of Pro Rata Shares.--For purposes of 
     this section, the pro rata shares referred to in subsections 
     (b), (c)(1)(A), and (c)(1)(B), respectively, shall be 
     determined under rules similar to the rules of section 
     951(a)(2) and shall be taken into account in the taxable year 
     of the United States shareholder in which or with which the 
     taxable year of the controlled foreign corporation ends.''.

[[Page H6549]]

       (D) 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).
       (3) Section 959 is amended by adding at the end the 
     following:
       ``(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.''.
       (4) Section 961(b)(1) is amended by inserting after the 
     first sentence the following: ``The Secretary shall prescribe 
     such other reductions to basis as are necessary or 
     appropriate to carry out the purposes of this section.''.
       (5) Section 961(c) is amended--
       (A) by striking ``Basis Adjustments in'' in the heading of 
     such subsection and inserting ``Application of Rules to'', 
     and
       (B) 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),
     but only for purposes of determining the amount included 
     under section 951 in the gross income of such United States 
     shareholder (or any other United States shareholder who 
     acquires from any person any portion of the interest of such 
     United States shareholder by reason of which such shareholder 
     was treated as owning such stock, but only to the extent of 
     such portion, and subject to such proof of identity of such 
     interest as the Secretary may prescribe by regulations). The 
     preceding sentence shall not apply with respect to any stock 
     or property to which subsection (a) or (b) applies.''.
       (d) Effective Dates.--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.
       (e) No Inference Regarding Certain Modifications.--The 
     amendments made by paragraphs (1) and (2) of subsection (c) 
     shall not be construed to create any inference with respect 
     to the proper application of any provision of the Internal 
     Revenue Code of 1986 with respect to any taxable year 
     beginning before the taxable years to which such amendments 
     apply.

              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 section, 
     the term `applicable percentage' means--
       ``(A) in the case of any taxable year beginning after 
     December 31, 2021, and before January 1, 2023, 10 percent,
       ``(B) in the case of any taxable year beginning after 
     December 31, 2022, and before January 1, 2024, 12.5 percent,
       ``(C) in the case of any taxable year beginning after 
     December 31, 2023, and before January 1, 2025, 15 percent, 
     and
       ``(D) in the case of any taxable year beginning after 
     December 31, 2024, 18 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) Termination of increased rate for banks and securities 
     dealers.--Section 59A(b)(3) is amended by adding at the end 
     the following new subparagraph:
       ``(C) Termination.--Subparagraph (A) shall not apply to any 
     taxable year beginning after December 31, 2024.''.
       (6) 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''.
       (7) 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 payments.--Taxable income shall be 
     determined without regard to any base erosion tax benefit, 
     including for purposes of determining the adjusted basis of 
     property described in subsection (d)(2).
       ``(B) 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 
     determined--
       ``(i) by substituting `modified taxable income (as 
     determined under section 59A(c)(1) without regard to 
     subparagraph (C) thereof)' for `taxable income' in section 
     172(a)(2)(B)(ii)(I),
       ``(ii) by determining any net operating loss arising in any 
     taxable year beginning after December 31, 2021, without 
     regard to any base erosion tax benefit (determined with 
     respect to each such taxable year), and
       ``(iii) by making appropriate adjustments in the 
     application of section 172(b)(2) to take into account clauses 
     (i) and (ii) of this subparagraph.
       ``(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 property referred to in 
     subparagraph (A) or (B) of such subsection to the extent of 
     the amounts described in such subsection with respect to such 
     property,
       ``(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 property produced by 
     the taxpayer.--Section 59A(d)(2) is amended to read as 
     follows:
       ``(2) Treatment of certain related-party payments with 
     respect to depreciable property.--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 in 
     connection with--
       ``(A) the acquisition by the taxpayer from such person of 
     property of a character subject to the allowance for 
     depreciation (or amortization in lieu of depreciation), or
       ``(B) property produced by the taxpayer that is of a 
     character subject to the allowance for depreciation (or 
     amortization in lieu of depreciation) if such amount is 
     required to be capitalized under section 263A, including 
     payments in respect of indebtedness or services.''.
       (3) 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 
     incurred 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. Such term shall also include any 
     amount paid or incurred by the taxpayer to a foreign person 
     which is a related party of the taxpayer if such amount is 
     capitalized to the basis of property that is of a character 
     subject to the allowance for depreciation (or amortization in 
     lieu of depreciation), and the depreciation (or amortization 
     in lieu of depreciation) is required to be included in 
     inventory costs of the taxpayer under section 263A(a)(1)(A).
       ``(B) Certain costs of foreign related parties.--Such term 
     shall also include so much of any amount which is paid or 
     incurred by the taxpayer to a foreign person which is a 
     related party of the taxpayer, is described in paragraph 
     (2)(A) of section 263A(a), and is required to be included in 
     inventory costs of the taxpayer under paragraph (1)(A) of 
     such section, 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 incurred 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 
     chapter.

       ``(C) Application to related-party transactions.--In the 
     case of direct costs otherwise

[[Page H6550]]

     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--
       ``(i) paid or incurred (directly or indirectly) 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 
     chapter.
       ``(D) Safe harbor with respect to 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.
       ``(E) Application of certain rules.--Rules similar to the 
     rules of subparagraphs (B) and (C) of subsection (i)(1) shall 
     apply for purposes of determining whether any amount is 
     treated as subject to the tax imposed by this chapter for 
     purposes of subparagraph (B) or (C) of this paragraph.''.
       (4) 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.--
       ``(A) In general.--An amount shall not be treated as a base 
     erosion payment if tax is (or was at the time of payment or 
     accrual) imposed by this chapter with respect to such amount 
     (other than by this section).
       ``(B) Treatment of certain deductions.--For purposes of 
     subparagraph (A), tax shall be treated as imposed by this 
     chapter without regard to any deduction allowed under part 
     VIII of subchapter B.
       ``(C) Application of certain rules.--The amount not treated 
     as a base erosion payment by reason of this paragraph 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 made to a 
     foreign person which is a related party of the taxpayer that 
     is subject to an effective rate of foreign income tax (as 
     defined in section 904(d)(2)(F)) which is not less than the 
     lesser of--
       ``(i) 15 percent, or
       ``(ii) the applicable percentage in effect under subsection 
     (b)(2) (determined without regard to subsection (b)(3)) for 
     the taxable year in which such amount is paid or accrued.
       ``(B) Certain payments to related parties.--To the extent 
     provided by the Secretary in regulations, an amount paid to a 
     foreign person which is a related party of the taxpayer shall 
     be treated as paid to another foreign person which is a 
     related party of the taxpayer if such second foreign person 
     is subject to an effective rate of foreign income tax (as 
     defined in section 904(d)(2)(F)) which is less than the 
     lesser of 15 percent or the percentage described in 
     subparagraph (A)(ii), to the extent the amount so paid 
     directly or indirectly funds a payment to such second foreign 
     person.
       ``(C) Determination on basis of applicable financial 
     statements.--Except as otherwise provided by the Secretary 
     under subparagraph (D), 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)).
       ``(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 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) Termination of Exemption From Base Erosion and Anti-
     abuse Tax for Taxpayers With Low Base Erosion Percentage.--
     Section 59A(e)(1)(C) is amended by striking ``the base 
     erosion percentage (as determined under subsection (c)(4))'' 
     and inserting ``in the case of any taxable year beginning 
     before January 1, 2024, the base erosion percentage (as 
     determined under subsection (c)(4) as in effect before the 
     date of the enactment of the Act enacted during the 117th 
     Congress which is entitled `An Act to provide for 
     reconciliation pursuant to title II of S. Con. Res. 14.')''.
       (d) Treatment of Applicable Taxpayers.--Section 59A(e) is 
     amended by adding at the end the following new paragraph:
       ``(4) Continuation of treatment as applicable taxpayer.--If 
     a taxpayer is an applicable taxpayer with respect to any 
     taxable year beginning after December 31, 2021 (other than by 
     reason of this paragraph), such taxpayer (and any successor 
     of such taxpayer) shall be an applicable taxpayer with 
     respect to each of the 10 succeeding taxable years.''.
       (e) Other Modifications.--
       (1) Section 59A(b)(1) is amended by striking ``Except as 
     provided in paragraphs (2) and (3), the'' and inserting 
     ``The''.
       (2) Section 59A(h)(2)(B) is amended by striking ``section 
     6038B(b)(2)'' and inserting ``section 6038A(b)(2)''.
       (3) Section 59A(j)(2), as redesignated by subsection (b), 
     is amended by striking ``subsection (g)(3)'' and inserting 
     ``subsection (h)(3)''.
       (f) 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 abandonment.--Section 165(g) is amended by 
     adding at the end the following new paragraph:
       ``(4) Treatment of abandonment.--For purposes of this 
     subsection and subsection (m), abandonment shall be treated 
     as an identifiable event establishing worthlessness.''.
       (4) 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 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 any specified controlled 
     group liquidation, no loss shall be recognized by any member 
     of the controlled group on any stock or security of the 
     liquidating corporation until all property received by 
     members of the controlled group in connection with such 
     liquidation has been transferred to one or more persons who 
     are not related (within the meaning of subsection (b)(3) or 
     section 707(b)(1)) to the member which received such 
     property.
       ``(2) Specified controlled group liquidation.--For purposes 
     of this subsection, the term `specified controlled group 
     liquidation' means, with respect to any corporation which is 
     a member of a controlled group--
       ``(A) one or more distributions in complete liquidation 
     (within the meaning of section 346) of such corporation,
       ``(B) any other transfer (including any series of 
     transfers) of property of such corporation if any stock or 
     security of such corporation becomes worthless in connection 
     with such transfer, and
       ``(C) any issuance of debt by such corporation to one or 
     more persons who are related (within

[[Page H6551]]

     the meaning of subsection (b)(3) or section 707(b)(1)) to 
     such corporation if any stock or security of such corporation 
     becomes worthless in connection with such issuance.
       ``(3) Regulations.--The Secretary shall issue such 
     regulations or other guidance as may be 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 in 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, subsections (b)(3) and (c)(3) shall not 
     apply to so much of the amount described in clauses (ii) and 
     (iii) of subparagraph (A) as does not exceed 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, 
     and
       ``(ii) the total amount of money and the fair market value 
     of other property transferred to the creditors,
       ``(iii) the fair market value of the stock described in 
     section 354(a)(2)(C) and the total principal amount of 
     obligations of the controlled corporation described in 
     subsection (c)(2)(B) which are 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 or other guidance as may be necessary or 
     appropriate to carry out the purposes of this subsection and 
     to prevent avoidance of tax through abuse or circumvention 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.
       (d) Transition Rule.--The amendments made by this section 
     shall not apply to any exchange pursuant to a transaction 
     which is--
       (1) made pursuant to a written agreement which was binding 
     on the date of the enactment of this Act, and at all times 
     thereafter,
       (2) described in a ruling request submitted to the Internal 
     Revenue Service on or before such date, or
       (3) described on or before such date in a public 
     announcement or in a filing with the Securities and Exchange 
     Commission.

     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 paragraph:
       ``(8) Specified partnership interest income equivalent 
     payments.--
       ``(A) In general.--For purposes of this subsection, any 
     payment made pursuant to a specified notional principal 
     contract that (directly or indirectly) is contingent upon, or 
     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. For purposes of 
     the preceding sentence, income or gain includes any income or 
     gain from the deemed disposition of such interest as a result 
     of the termination of, or payment with respect to, such 
     contract (determined in the same manner as under section 
     864(c)(8) but without regard to subparagraph (C) thereof) and 
     any income or gain described in subsection (a)(1) or section 
     881(a).
       ``(B) Specified partnership.--For purposes of this 
     paragraph, the term `specified partnership' means--
       ``(i) any publicly traded partnership (as defined in 
     section 7704(b)) 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) Certain payments.--Subparagraph (A) shall not apply 
     to any payment 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 to the extent 
     determined by reference to income or gain in respect of an 
     interest in a specified partnership which would be, if earned 
     by a nonresident alien individual or a foreign corporation--

       ``(I) exempt from tax under this chapter, or
       ``(II) from sources without the United States and not 
     effectively connected with the conduct of a trade or business 
     within the United States.

       ``(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.
       ``(E) 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 
     paragraph, including to apply this paragraph to payments 
     determined under sale-repurchase agreements or securities 
     lending transactions with respect to interests in specified 
     partnerships, to determine the amount of a distribution by a 
     specified partnership that is income or gain of the 
     partnership (including the portion thereof that is excepted 
     under subparagraph (C)) in a manner consistent with section 
     1441(g), and to require the provision of information by 
     specified partnerships necessary to determine such amount.''.
       (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) Dividend Equivalents in Case of Certain Specified 
     Partnerships.--The Secretary may prescribe regulations, under 
     rules similar to the rules of section 1446, to determine the 
     amount of a payment in respect of income and gain of a 
     specified partnership (as defined in 871(m)(8)) which is a 
     dividend equivalent.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to payments made after December 31, 2022.

     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 ending 
     after the date of the enactment of this Act, and to taxable 
     years of United States shareholders in which or with which 
     such taxable years of foreign corporations end.

     SEC. 138148. CERTAIN DIVIDENDS OF CONTROLLED FOREIGN 
                   CORPORATIONS 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 of Controlled Foreign 
     Corporations.--
       ``(1) In general.--Except as otherwise provided by the 
     Secretary, any disqualified CFC

[[Page H6552]]

     dividend shall be treated as an extraordinary dividend to 
     which paragraphs (1) and (2) of subsection (a) apply 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--
       ``(A) In general.--The term `disqualified CFC dividend' 
     means any dividend paid by a controlled foreign corporation 
     to the extent such dividend is attributable to earnings and 
     profits which--
       ``(i) were earned during any period that such corporation 
     was not a controlled foreign corporation, or
       ``(ii) are attributable to disqualified CFC dividends 
     received by such controlled foreign corporation from another 
     controlled foreign corporation.
       ``(B) Application to corporations not wholly owned by 
     united states shareholders.--If not all of the stock of any 
     controlled foreign corporation is owned (within the meaning 
     of section 958(a)) by one or more United States shareholders 
     at the time that any earnings and profits are earned, the 
     portion of such earnings and profits which is properly 
     attributable to stock not so owned by United States 
     shareholders shall be treated for purposes of subparagraph 
     (A) as earned during a period that such corporation was not a 
     controlled foreign corporation.
       ``(C) Treatment of domestic partnerships and certain 
     trusts.--For purposes of subparagraph (B)--
       ``(i) a domestic partnership shall not be treated as a 
     United States shareholder, and
       ``(ii) to the extent provided by the Secretary in 
     regulations or other guidance, a trust described in section 
     7701(a)(30)(E) shall not be treated as a United States 
     shareholder.
       ``(D) Special rule related to constructive ownership.--In 
     the case of the last taxable year of a foreign corporation 
     beginning before January 1, 2018, and each subsequent taxable 
     year of such foreign corporation which begins before the date 
     of the enactment of this subsection, if such foreign 
     corporation would not have been a controlled foreign 
     corporation for any such taxable year if section 958(b)(4) 
     (as applicable to taxable years beginning after the date of 
     the enactment of this subsection) had applied to such taxable 
     year, such corporation shall not be treated as a controlled 
     foreign corporation for such taxable year for purposes of 
     this subsection.''.
       (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 dividends paid (or amounts treated as 
     dividends) after the date of the enactment of this Act.

     SEC. 138149. 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 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 a written binding contract which was in effect on 
     September 13, 2021, and is not modified in any material 
     respect thereafter.

     SEC. 138150. 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) Exception for sales of nonpublicly traded property.--
     Section 1259(c)(2) is amended by adding at the end the 
     following: ``A similar rule shall apply in the case of a 
     contract for sale of any digital asset.''.
       (3) 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. 138151. RULES RELATING TO COMMON CONTROL.

       (a) In General.--Section 52 is amended by striking 
     subsections (a) and (b) and inserting the following new 
     subsections:
       ``(a) Treatment of Controlled Groups of Corporations.--
       ``(1) In general.--For purposes of this subpart, all 
     employees of all corporations which are component members of 
     the same controlled group of corporations shall be treated as 
     employed by a single employer. In any such case, the credit 
     (if any) determined under section 51(a) with respect to each 
     such member shall be its proportionate share of the wages 
     giving rise to such credit.
       ``(2) Controlled group of corporations.--For purposes of 
     this subsection, the term `controlled group of corporations' 
     has the meaning given to such term by section 1563(a), except 
     that--
       ``(A) `more than 50 percent' shall be substituted for `at 
     least 80 percent' each place it appears in section 
     1563(a)(1), and
       ``(B) the determination shall be made without regard to 
     subsections (a)(4) and (e)(3)(C) of section 1563.
       ``(3) Component member.--For purposes of this subsection, 
     the term `component member' has the meaning given such term 
     by section 1563(b), except that the determination shall be 
     made without regard to whether such member is an excluded 
     member (within the meaning of section 1563(b)(2)).
       ``(b) Employees of Partnerships, Proprietorships, etc., 
     Which Are Under Common Control.--For purposes of this 
     subpart, under regulations prescribed by the Secretary--
       ``(1) all employees of trades or business (whether or not 
     incorporated) which are under common control shall be treated 
     as employed by a single employer, and
       ``(2) the credit (if any) determined under section 51(a) 
     with respect to each trade or business shall be its 
     proportionate share of the wages giving rise to such credit.
     The regulations prescribed under this subsection shall be 
     based on principles similar to the principles which apply in 
     the case of subsection (a). 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) (determined without regard to the phrase `To the 
     extent provided in regulations' in such paragraph (6)).''.
       (b) Conforming Amendment.--Section 1563(b)(2)(C) is amended 
     to read as follows:
       ``(C) is a foreign corporation not engaged in a trade or 
     business within the United States,''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.

     SEC. 138152. MODIFICATION OF WASH SALE RULES.

       (a) In General.--Section 1091 is amended to read as 
     follows:

     ``SEC. 1091. LOSS FROM WASH SALES OF SPECIFIED ASSETS.

       ``(a) Disallowance of Loss Deduction.--In the case of any 
     loss claimed to have been sustained from any sale or 
     disposition (including any termination) of specified assets 
     where it appears that, within a period beginning 30 days 
     before the date of such sale or disposition and ending 30 
     days after such date, the taxpayer (or related party) has 
     acquired (by purchase or by an exchange on which the entire 
     amount of gain or loss was recognized by law), or has entered 
     into, or has entered into a contract or option so to acquire 
     or a long notional principal contract in respect of, 
     substantially identical specified assets, then no deduction 
     shall be allowed under section 165 unless the taxpayer is a 
     dealer in specified assets and the loss is sustained in a 
     transaction made in the ordinary course of such business.
       ``(b) Amount of Specified Assets Different From Amount of 
     Specified Assets Sold.--If the amount of specified assets 
     acquired (or covered by the contract or option to acquire or 
     long notional principal contract in respect of) is different 
     from the amount of specified assets sold or otherwise 
     disposed of, then the particular specified assets the 
     acquisition of which (or the contract or option to acquire or 
     long notional principal contract which) resulted in the 
     nondeductibility of the loss shall be determined under 
     regulations prescribed by the Secretary.
       ``(c) Adjustment to Basis in Case of Wash Sale.--If the 
     taxpayer (or the taxpayer's spouse) acquires or enters into 
     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).
       ``(d) Certain Short Sales of Specified Assets and Contracts 
     to Sell.--Rules similar to the rules of subsection (a) shall 
     apply to any loss realized on the closing of a short sale of 
     (or the sale, exchange, or termination of a contract or 
     option to sell or a short notional principal contract in 
     respect of) specified assets if, within a period beginning 30 
     days before the date of such closing and ending 30 days after 
     such date--
       ``(1) substantially identical specified assets were sold or 
     terminated by the taxpayer (or a related party), or
       ``(2) another short sale of (or contract or option to sell 
     or short notional principal contract in respect of) 
     substantially identical specified assets was entered into by 
     the taxpayer (or related party).

[[Page H6553]]

       ``(e) Cash Settlement.--This section shall not fail to 
     apply to a contract or option to acquire or sell specified 
     assets solely by reason of the fact that the contract or 
     option settles in (or could be settled in) cash or property 
     other than such specified assets.
       ``(f) 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) to the extent provided by the Secretary in 
     regulations or other guidance, any individual who bears a 
     relationship to the taxpayer described in section 267(b) if 
     such taxpayer is an individual,
       ``(E) 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,
       ``(F) 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
       ``(G) 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 (or entering into a 
     contract, option, or notional principal contract) 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 (or 
     entering into).
       ``(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.
       ``(g) 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) Except as otherwise provided by the Secretary, 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, or notional 
     principal contracts in respect of, any specified assets.
       ``(h) 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)).''.
       (b) Conforming Amendments.--
       (1) Section 6045(g)(2)(B) is amended--
       (A) in clause (i)(I)--
       (i) by striking ``security (other than stock'' and 
     inserting ``covered security (other than stock'', and
       (ii) by striking ``stock sold or transferred'' and 
     inserting ``covered security sold or transferred'', and
       (B) in clause (ii)--
       (i) by striking ``stock or securities'' and inserting 
     ``specified assets'', and
       (ii) by striking ``identical securities'' and inserting 
     ``identical specified assets (as defined in section 
     1091(g))''.
       (2) The table of sections for part VII of subchapter O of 
     chapter 1 is amended by striking the item relation to section 
     1091 and inserting the following new item:

``Sec. 1091. Loss from wash sales of specified assets.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to sales, dispositions, and terminations after 
     December 31, 2021.
       (d) 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 treatment of related 
     parties under section 1091 of the Internal Revenue Code of 
     1986 with respect to sales, dispositions, and terminations 
     before January 1, 2022.

     SEC. 138153. 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.

           PART 2--TAX INCREASES FOR HIGH-INCOME INDIVIDUALS

     SEC. 138201. 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) 
     (determined without regard to the phrase `To the extent 
     provided in regulations,' in such paragraph (6)) 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) Certain exceptions.--Section 1411(c)(6) is amended to 
     read as follows:
       ``(6) Special rules.--Net investment income shall not 
     include--
       ``(A) any item taken into account in determining self-
     employment income for such taxable year on which a tax is 
     imposed by section 1401(b),
       ``(B) wages received with respect to employment on which a 
     tax is imposed under section 3101(b) or 3201(a) (including 
     amounts taken into account under section 3121(v)(2)), and
       ``(C) wages received from the performance of services 
     earned outside the United States for a foreign employer.''.
       (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--
       ``(A) distributions of amounts previously included in gross 
     income for purposes of chapter 1 but not previously subject 
     to tax under this section, and

[[Page H6554]]

       ``(B) distributions described in section 962(d).''.
       (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. 138202. 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) Treatment of Unused Excess Business Loss Carryovers on 
     Termination of Estate or Trust.--Section 461(l) is amended by 
     adding at the end the following new paragraph:
       ``(7) Special rule for termination of estate or trust.--If, 
     on the termination of an estate or trust, the estate or trust 
     has an excess business loss carryover, then such carryover or 
     such excess shall be allowed as a deduction, in accordance 
     with regulations prescribed by the Secretary, to the 
     beneficiaries succeeding to the property of the estate or 
     trust.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 138203. 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 the sum 
     of--
       ``(1) 5 percent of so much of the modified adjusted gross 
     income of the taxpayer as exceeds--
       ``(A) $10,000,000, in the case of any taxpayer not 
     described in subparagraph (B) or (C),
       ``(B) $5,000,000, in the case of a married individual 
     filing a separate return, and
       ``(C) $200,000, in the case of an estate or trust, plus
       ``(2) 3 percent of so much of the modified adjusted gross 
     income of the taxpayer as exceeds--
       ``(A) $25,000,000, in the case of any taxpayer not 
     described in subparagraph (B) or (C),
       ``(B) $12,500,000, in the case of a married individual 
     filing a separate return, and
       ``(C) $500,000, 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)) or 
     business interest (as defined in section 163(j)). In the case 
     of an estate or trust, adjusted gross income shall be 
     determined as provided in section 67(e), and reduced by the 
     amount allowed as a deduction under section 642(c).
       ``(c) Special Rules.--
       ``(1) Nonresident alien.--In the case of a nonresident 
     alien individual (other than an individual described in 
     section 876(a) or 877(a)), 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.--Each dollar 
     amount which is applicable to any taxpayer under subsection 
     (a) 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 
     (other than sections 27 and 901) or for purposes of section 
     55.
       ``(5) Electing small business trusts.--For purposes of the 
     determination of adjusted gross income, section 641(c)(1)(A) 
     shall not apply and all portions of any electing small 
     business trust shall be treated as a single trust.
       ``(d) 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 regulations or other guidance to prevent the 
     avoidance of the purposes of this section.''.
       (b) Coordination With Certain Provisions.--
       (1) Interest on certain deferred tax liability.--Section 
     453A(c) is amended by redesignating paragraph (6) as 
     paragraph (7) and by inserting after paragraph (5) the 
     following new paragraph:
       ``(6) Surcharge on high income individuals taken into 
     account in determining maximum rate of tax.--For purposes of 
     paragraph (3)(B), the maximum rate of tax in effect under 
     section 1 shall be treated as being equal to the sum of such 
     rate and the rates in effect under paragraphs (1) and (2) of 
     section 1A(a).''.
       (2) Alien residents of puerto rico, guam, american samoa, 
     or the northern mariana islands.--Section 876(a) is amended 
     by striking section 1 and inserting ``sections 1 and 1A''.
       (3) Expatriation to avoid tax.--Section 877(b) is amended 
     by inserting ``and section 1A'' after ``section 1 or 55''.
       (4) Limitation on foreign tax credit.--
       (A) Section 904(b)(3)(E)(i)(I) is amended by inserting 
     ``increased by the sum of the rates set forth in paragraphs 
     (1) and (2) of section 1A(a)'' after ``(whichever applies)''.
       (B) Section 904(d)(2)(F) is amended by adding at the end 
     the following: ``For purposes of the first sentence of this 
     subparagraph, the highest rate of tax specified in section 1 
     shall be treated as being equal to the sum of such rate and 
     the rates in effect under paragraphs (1) and (2) of section 
     1A(a).''.
       (5) Election by individuals to be subject to tax at 
     corporate rates.--Section 962(a)(1) is amended by inserting 
     ``, 1A,'' after ``sections 1''.
       (6) Interest on certain tax deferral.--Section 1291(c)(2) 
     is amended by adding at the end the following: ``For purposes 
     of the preceding sentence, the highest rate of tax in effect 
     under section 1 shall be treated as being equal to the sum of 
     such rate and the rates in effect under paragraphs (1) and 
     (2) of section 1A(a).''.
       (7) Averaging of farm income.--Section 1301(a) is amended 
     by striking ``section 1'' both places it appears and 
     inserting ``sections 1 and 1A''.
       (8) Title 11 cases.--Section 1398(c)(2) is amended by 
     inserting ``and tax shall be imposed under section 1A by 
     treating the estate as a married individual filing a separate 
     return'' before the period at the end.
       (9) Withholding of tax on foreign partners' share of 
     effectively connected income.--Section 1446(b)(2) is amended 
     by adding at the end the following flush sentence:
     ``For purposes of subparagraph (A), the highest rate of tax 
     in effect under section 1 shall be treated as being equal to 
     the sum of such rate and the rates in effect under paragraphs 
     (1) and (2) of section 1A(a).''.
       (10) Relief from joint and several liability on joint 
     return.--Section 6015(d)(2)(B) is amended by inserting ``, 
     1A,'' after ``section 1''.
       (11) Partnership adjustments.--
       (A) Section 6225(b)(1) is amended by adding at the end the 
     following flush sentence:
     ``For purposes of subparagraph (B), the highest rate of tax 
     in effect under section 1 shall be treated as being equal to 
     the sum of such rate and the rates in effect under paragraphs 
     (1) and (2) of section 1A(a).''.
       (B) Section 6225(c)(4)(A) is amended--
       (i) by striking ``subsection (b)(1)(A)'' and inserting 
     ``subsection (b)(1)(B)'', and
       (ii) by striking ``or'' at the end of clause (i), by adding 
     ``or'' at the end of clause (ii), and by inserting after 
     clause (ii) the following new clause:
       ``(iii) is not an individual subject to one or both of the 
     rates of tax in effect under paragraphs (1) and (2) of 
     section 1A(a),''.
       (12) Required payments for entities electing not to have 
     required taxable year.--Section 7519(b) is amended by 
     inserting ``and increased by the sum of the rates in effect 
     under paragraphs (1) and (2) of section 1A(a)'' before the 
     period at the end.
       (c) 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.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.

      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 any taxable year, no annual additions for 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

[[Page H6555]]

     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), 403(a)(4), 403(b)(8), 
     408(d)(3), 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 modified 
     adjusted gross 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) Modified adjusted gross income.--For purposes of this 
     paragraph, the term `modified adjusted gross income' means 
     adjusted gross income determined without regard to sections 
     911, 931, and 933, without regard to any deduction for annual 
     additions to individual retirement plans to which subsection 
     (a) applies, and without regard to 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 2029, the dollar amounts in paragraphs (2) 
     and (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 2028' for `calendar 
     year 2016' in subparagraph (A)(ii) 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.
       ``(ii) in the case of a dollar amount under paragraph 
     (4)(B), 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 limitations on contributions to 
     individual retirement plans with large account balances, see 
     sections 408A(e)(3) 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, is 
     increased by 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), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16), 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 or beneficiaries 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, within the period 
     described in paragraph (1), which includes--
       ``(i) the name and identifying number of each such 
     participant (without regard to whether such participant has 
     separated from employment) or beneficiaries,
       ``(ii) the amount of the vested account balance of each 
     such participant or beneficiary, and
       ``(iii) a separate accounting of such vested account 
     balances in designated Roth accounts (within the meaning of 
     section 402A) and all other vested account balances.
       ``(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 2029, 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 2028' for `calendar 
     year 2016' in subparagraph (A)(ii) 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, 
     2028.
       (2) Plan requirements.--The amendments made by subsection 
     (c) shall apply to plan years beginning after December 31, 
     2028.

     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,

[[Page H6556]]

     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.
       ``(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.--

       ``(I) In general.--In the case of a payee to which this 
     subsection applies for any taxable year who 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 established securities market, the increase in 
     minimum required distributions by reason of this subsection 
     shall not be allocated to any such portion.
       ``(II) Exception for amounts attributable to rollover.--
     Subclause (I) shall not apply to so much of any account 
     balance as is attributable to a rollover contribution after 
     the date of the enactment of this subsection to the account 
     in accordance with section 402(c), 403(a)(4), 403(b)(8), 
     408(d)(3), or 457(e)(16).

       ``(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) Roth distributions treated as qualified 
     distributions.--In the case of any distribution from a Roth 
     IRA, or designated Roth account (within the meaning of 
     section 402A), of the payee by reason of the allocation of an 
     increase in minimum required distributions under this 
     subsection, such distribution shall be treated as a qualified 
     distribution under section 408A(d)(2) or 402A(d)(2), as the 
     case may be.
       ``(7) 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.--
       (i) In general.--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)). The preceding sentence shall not apply in the case 
     of any portion of an account balance to which section 
     4974(e)(4)(B)(iii)(I) applies.''.
       (ii) Application to employee's annuities.--Section 
     404(a)(2) is amended by striking ``and (37)'' and inserting 
     ``(37), and (39)''.
       (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 a participant or beneficiary who 
     certifies that the participant or beneficiary 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 participant or beneficiary 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, 
     2028.
       (2) Plan requirements.--The amendments made by subsection 
     (b) shall apply to plan years beginning after December 31, 
     2028.

  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) Conforming amendment.--Section 409B(b)(4)(C), as added 
     by this Act, is amended--
       (A) by striking ``and without regard to'' and inserting 
     ``without regard to'', and

[[Page H6557]]

       (B) by inserting before the period at the end the 
     following: ``, and without regard to the inclusion in gross 
     income of any converted or contributed amount described in 
     section 408A(e)(3), 408A(d)(3)(G), or 402A(c)(4)(F).''.
       (4) 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. 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. 138313. 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 Amendment.--Subparagraph (A) of section 
     408(e)(2) 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.''.
       (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. ENHANCEMENT OF INTERNAL REVENUE SERVICE 
                   RESOURCES.

       (a) Appropriations.--
       (1) In general.--The following sums are appropriated, out 
     of any money in the Treasury not otherwise appropriated, for 
     the fiscal year ending September 30, 2022:
       (A) Internal revenue service.--
       (i) In general.--

       (I) Taxpayer services.--For necessary expenses of the 
     Internal Revenue Service to provide taxpayer services, 
     including pre-filing assistance and education, filing and 
     account services, taxpayer advocacy services, and other 
     services as authorized by 5 U.S.C. 3109, at such rates as may 
     be determined by the Commissioner, $1,931,500,000, to remain 
     available until September 30, 2031: Provided, That these 
     amounts shall be in addition to amounts otherwise available 
     for such purposes.
       (II) Enforcement.--For necessary expenses for tax 
     enforcement activities of the Internal Revenue Service to 
     determine and collect owed taxes, to provide legal and 
     litigation support, to conduct criminal investigations 
     (including investigative technology), to provide digital 
     asset monitoring and compliance activities, to enforce 
     criminal statutes related to violations of internal revenue 
     laws and other financial crimes, to purchase and hire 
     passenger motor vehicles (31 U.S.C. 1343(b)), and to provide 
     other services as authorized by 5 U.S.C. 3109, at such rates 
     as may be determined by the Commissioner, $44,887,500,000, to 
     remain available until September 30, 2031: Provided, That 
     these amounts shall be in addition to amounts otherwise 
     available for such purposes.
       (III) Operations support.--For necessary expenses of the 
     Internal Revenue Service to support taxpayer services and 
     enforcement programs, including rent payments; facilities 
     services; printing; postage; physical security; headquarters 
     and other IRS-wide administration activities; research and 
     statistics of income; telecommunications; information 
     technology development, enhancement, operations, maintenance, 
     and security; the hire of passenger motor vehicles (31 U.S.C. 
     1343(b)); the operations of the Internal Revenue Service 
     Oversight Board; and other services as authorized by 5 U.S.C. 
     3109, at such rates as may be determined by the Commissioner, 
     $27,376,300,000, to remain available until September 30, 
     2031: Provided, That these amounts shall be in addition to 
     amounts otherwise available for such purposes.
       (IV) Business systems modernization.--For necessary 
     expenses of the Internal Revenue Service's business systems 
     modernization program, including development of callback 
     technology and other technology to provide a more 
     personalized customer service but not including the operation 
     and maintenance of legacy systems, $4,750,700,000, to remain 
     available until September 30, 2031: Provided, That these 
     amounts shall be in addition to amounts otherwise available 
     for such purposes.

       (ii) Task force to design an irs-run free ``direct efile'' 
     tax return system.--For necessary expenses of the Internal 
     Revenue Service to deliver to Congress, within nine months 
     following the date of the enactment of this Act, a report on 
     (I) the cost (including options for differential coverage 
     based on taxpayer adjusted gross income and return 
     complexity) of developing and running a free direct efile tax 
     return system, including costs to build and administer each 
     release, with a focus on multi-lingual and mobile-friendly 
     features and safeguards for taxpayer data; (II) taxpayer 
     opinions, expectations, and level of trust, based on surveys, 
     for such a free direct efile system; and (III) the opinions 
     of an independent third-party on the overall feasibility, 
     approach, schedule, cost, organizational design, and Internal 
     Revenue Service capacity to deliver such a direct efile tax 
     return system, $15,000,000, to remain available until 
     September 30, 2022: Provided, That these amounts shall be in 
     addition to amounts otherwise available for such purposes.
       (B) Treasury inspector general for tax administration.--For 
     necessary expenses of the Treasury Inspector General for Tax 
     Administration in carrying out the Inspector General Act of 
     1978, as amended, including purchase and hire of passenger 
     motor vehicles (31 U.S.C. 1343(b)); and services authorized 
     by 5 U.S.C. 3109, at such rates as may be determined by the 
     Inspector General for Tax Administration, $403,000,000, to 
     remain available until September 30, 2031: Provided, That 
     these amounts shall be in addition to amounts otherwise 
     available for such purposes.
       (C) Office of tax policy.--For necessary expenses of the 
     Office of Tax Policy of the Department of the Treasury to 
     carry out functions related to promulgating regulations under 
     the Internal Revenue Code of 1986, $104,533,803, to remain 
     available until September 30, 2031: Provided, That these 
     amounts shall be in addition to amounts otherwise available 
     for such purposes.
       (D) United states tax court.--For necessary expenses of the 
     United States Tax Court, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109; $153,000,000, 
     to remain available until September 30, 2031: Provided, That 
     these amounts shall be in addition to amounts otherwise 
     available for such purposes.
       (2) Multi-year operational plan.--
       (A) In general.--Not later than 6 months after the date of 
     the enactment of this Act, the Commissioner of Internal 
     Revenue shall submit to Congress a plan detailing how the 
     funds appropriated under paragraph (1)(A)(i) will be spent 
     over the ten-year period ending with fiscal year 2031.
       (B) Quarterly updates.--
       (i) In general.--Not later than the last day of each 
     calendar quarter beginning during the applicable period, the 
     Commissioner of Internal Revenue shall submit to Congress a 
     report on the plan established under subparagraph (A), 
     including--

       (I) any updates to the plan;
       (II) progress made in implementing the plan; and
       (III) any changes in circumstances or challenges in 
     implementing the plan.

       (ii) Applicable period.--For purposes of clause (i), the 
     applicable period is the period beginning 1 year after the 
     date the report under subparagraph (A) is due and ending on 
     September 30, 2031.
       (C) Reduction in appropriation.--
       (i) In general.--In the case of any failure to submit a 
     plan required under subparagraph (A) or a report required 
     under subparagraph (B) by the required date, the amounts made 
     available under paragraph (1)(A)(i) shall be reduced by 
     $100,000 for each day after such required date that report 
     has not been submitted to Congress.
       (ii) Required date.--For purposes of clause (i), the 
     required date is the date that is 60 days after the date the 
     plan or report is required to be submitted under subparagraph 
     (A) or (B), as the case may be.
       (3) No tax increases on certain taxpayers.--Nothing in this 
     subsection is intended to increase taxes on any taxpayer with 
     a taxable income below $400,000.
       (b) Personnel Flexibilities.--The Secretary of the Treasury 
     (or the Secretary's delegate) may use the funds made 
     available under subsection (a)(1)(A), subject to such 
     policies as the Secretary (or the Secretary's delegate) may 
     establish, to take such personnel actions as the Secretary 
     (or the Secretary's delegate) determines necessary to 
     administer the Internal Revenue Code of 1986, including--

[[Page H6558]]

       (1) utilizing direct hire authority to recruit and appoint 
     qualified applicants, without regard to any notice or 
     preference requirements, directly to positions in the 
     competitive service;
       (2) in addition to the authority under section 7812(1) of 
     the Internal Revenue Code of 1986, appointing not more than 
     200 individuals to positions in the Internal Revenue Service 
     under streamlined critical pay authority, except that--
       (A) the authority to offer streamlined critical pay under 
     this paragraph shall expire on September 30, 2031; and
       (B) the positions for which streamlined critical pay is 
     authorized under this paragraph may include positions 
     critical to the purposes described in subclauses (I), (II), 
     and (III) of subsection (a)(1)(A)(i); and
       (3) appointing, without approval of the Office of Personnel 
     Management, not more than 300 individuals to critical pay 
     positions in the Internal Revenue Service for which--
       (A) the rate of basic pay may not exceed the salary set in 
     accordance with section 104 of title 3, United States Code; 
     and
       (B) the total annual compensation paid to an employee in 
     such a position, including allowances, differentials, 
     bonuses, awards, and similar cash payments, may not exceed 
     the maximum amount of total annual compensation payable at 
     the salary set in accordance with section 104 of title 3, 
     United States Code.

     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. MODIFICATION OF PROCEDURAL REQUIREMENTS RELATING 
                   TO ASSESSMENT OF PENALTIES.

       (a) Repeal of Approval Requirement.--Section 6751 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) and administrative policies intended to ensure 
     voluntary compliance 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) 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''.
       (c) 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) investment, at the direction of a disqualified 
     person, by an individual retirement account in an interest in 
     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 the account is maintained.''.
       (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 
     investments.--
       ``(A) Indirect holding of DISC or FSC.--For purposes of 
     paragraph (1)(G), investment by an individual retirement 
     account in an interest in an entity that owns (directly or 
     indirectly) an interest in a DISC or FSC shall be treated as 
     investment by such account in 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 this 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) Related Rules for Individual Retirement Accounts.--
       (1) In general.--Section 408(a) is amended by inserting 
     after paragraph (6) the following new paragraph:
       ``(7) No part of the trust funds will be invested in any 
     interest in a DISC or a 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 the trust is 
     maintained. For purposes of the preceding sentence, the 
     definitions and rules of section 4975(c)(8) shall apply.''.
       (e) Loss of Exemption of Account.--Section 408(e)(2), as 
     amended by the preceding provisions of this Act, is amended--
       (1) by redesignating subparagraph (B) as subparagraph (C),
       (2) 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. For purposes of this subparagraph, 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.'',
       (3) by striking ``where employee engages in prohibited 
     transaction'' in the heading and inserting ``in case of 
     certain prohibited transactions and investments'',
       (4) by striking ``(A)'' in subparagraph (C), as so 
     redesignated, and inserting ``(A) or (B)''.
       (f) Conforming Amendments.--
       (1) Section 408(c)(1) is amended by striking ``(1) through 
     (6)'' and inserting ``(1) through (7)''.
       (2) Section 4975(c)(3) is amended--
       (A) striking ``established'' 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)''.
       (g) 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. CLARIFICATION OF TREATMENT OF DISC GAINS AND 
                   DISTRIBUTIONS OF CERTAIN FOREIGN SHAREHOLDERS.

       (a) In General.--Section 996(g) 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

[[Page H6559]]

     ``deemed to be had by such shareholder'' for ``of such 
     shareholder''.
       (d) No Inference.--This section (and the amendments made by 
     this section) shall not be construed to create any inference 
     with respect to the proper application of any provision of 
     the Internal Revenue Code of 1986 with respect to gains and 
     distributions before January 1, 2022.

     SEC. 138505. 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 ``or qualified live 
     theatrical productions'' and inserting ``, qualified live 
     theatrical productions, or qualified sound recording 
     productions''.
       (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. 138506. 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. 138507. 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)(ii).
       ``(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.

[[Page H6560]]

       ``(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. 138508. EXTENSION OF PERIOD OF LIMITATION FOR CERTAIN 
                   LEGALLY MARRIED COUPLES.

       (a) In General.--In the case of an individual first treated 
     as married for purposes of the Internal Revenue Code of 1986 
     by the application of the holdings of Revenue Ruling 2013-
     17--
       (1) if such individual filed a return (other than a joint 
     return) for a taxable year ending before September 16, 2013, 
     for which a joint return could have been made by the 
     individual and the individual's spouse but for the fact that 
     such holdings were not effective at the time of filing, such 
     return shall be treated as a separate return within the 
     meaning of section 6013(b) of such Code and the time 
     prescribed by section 6013(b)(2)(A) of such Code for filing a 
     joint return after filing a separate return shall not expire 
     before the date prescribed by law (including extensions) for 
     filing the return of tax for the taxable year that includes 
     the date of the enactment of this Act, and
       (2) in the case of a joint return filed pursuant to 
     paragraph (1)--
       (A) the period of limitation prescribed by section 6511(a) 
     of such Code for any such taxable year shall be extended 
     until the date prescribed by law (including extensions) for 
     filing the return of tax for the taxable year that includes 
     the date of the enactment of this Act, and
       (B) section 6511(b)(2) of such Code shall not apply to any 
     claim of credit or refund with respect to such return.
       (b) Amendments, etc. Restricted to Change in Marital 
     Status.--Subsection (a) shall apply only with respect to 
     amendments to the return of tax, and claims for credit or 
     refund, relating to a change in the marital status for 
     purposes of the Internal Revenue Code of 1986 of the 
     individual.

     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.--In the case of any taxable year 
     beginning after December 31, 2021, and before January 1, 
     2026, 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. TEMPORARY INCREASE IN EMPLOYER-PROVIDED CHILD 
                   CARE CREDIT.

       (a) In General.--Section 45F is amended by adding at the 
     end the following new subsection:
       ``(g) Temporary Increase.--In the case of any taxable year 
     beginning after December 31, 2021, and before January 1, 
     2026--
       ``(1) Increase in percentage of credit for qualified child 
     care expenditures.--Subsection (a)(1) shall be applied by 
     substituting `50 percent' for `25 percent'.
       ``(2) Increase in dollar limitation.--Subsection (b) shall 
     be applied by substituting `$500,000' for `$150,000'.
       ``(3) Preservation of dollar limitation on qualified child 
     care resource and referral expenditures.--The aggregate 
     amount of qualified child care resource and referral 
     expenditures which may be taken into account under subsection 
     (a)(2) for any taxable year shall not exceed $1,500,000.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.

     SEC. 138516. PAYROLL CREDIT FOR COMPENSATION OF LOCAL NEWS 
                   JOURNALISTS.

       (a) In General.--Subchapter D of chapter 21 is amended by 
     adding at the end the following new section:

     ``SEC. 3135. LOCAL NEWS JOURNALIST COMPENSATION CREDIT.

       ``(a) In General.--In the case of an eligible local news 
     journalist employer, there shall be allowed as a credit 
     against the taxes imposed by section 3111(b) for each 
     calendar quarter an amount equal to the applicable percentage 
     of wages paid by such employer to local news journalists for 
     such calendar quarter.
       ``(b) Limitations and Refundability.--
       ``(1) Number of local news journalists taken into 
     account.--The number of local news journalists which may be 
     taken into account under subsection (a) with respect to any 
     eligible local news journalist employer for any calendar 
     quarter shall not exceed 1,500.
       ``(2) 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 news journalist employer shall not exceed 
     $12,500.
       ``(3) Credit limited to employment taxes.--The credit 
     allowed by subsection (a) with respect to any calendar 
     quarter shall not exceed the taxes imposed by section 3111(b) 
     on the wages paid with respect to the employment of all the 
     employees of the eligible local news journalist employer for 
     such calendar quarter.
       ``(4) Refundability of excess credit.--If the amount of the 
     credit under subsection (a) exceeds the limitation of 
     paragraph (3) for any calendar quarter, such excess shall be 
     treated as an overpayment that shall be refunded under 
     sections 6402(a) and 6413(b).
       ``(c) Eligible Local News Journalist Employer.--For 
     purposes of this section--
       ``(1) In general.--The term `eligible local news journalist 
     employer' means, with respect to any calendar quarter, any 
     employer which--
       ``(A) is--
       ``(i) an eligible local news organization, or
       ``(ii) a qualifying broadcast station, and
       ``(B) employs local news journalists.
       ``(2) Eligible local news organization.--The term `eligible 
     local news organization' means, with respect to any calendar 
     quarter, any employer--
       ``(A) which publishes one or more qualifying publications 
     during the calendar quarter,
       ``(B) which is not a disqualified organization, and
       ``(C) which did not derive more than 50 percent of its 
     gross receipts for such calendar quarter from disqualified 
     organizations.
       ``(3) Qualifying broadcast station.--The term `qualifying 
     broadcast station' means, with respect to any calendar 
     quarter, any employer--
       ``(A) which owns or operates a broadcast station (as 
     defined in section 3 of the Communications Act of 1934),
       ``(B) which is not a disqualified organization,
       ``(C) which did not derive more than 50 percent of its 
     gross receipts for such calendar quarter from disqualified 
     organizations, and
       ``(D) which discloses its ownership to the public at such 
     times and in such manner as identified by the Secretary.
       ``(d) Other 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) Local news journalist.--
       ``(A) In general.--The term `local news journalist' means, 
     with respect to any eligible local news journalist employer 
     for any calendar quarter, any full-time employee (as defined 
     in section 4980H(c)(4)) who--
       ``(i) provides qualified services for an average of not 
     less than 30 hours per week for each week during which such 
     employee is employed by the eligible local news journalist 
     employer during the calendar quarter, and
       ``(ii) resides within 50 miles of the local community with 
     respect to the qualifying publication or qualifying broadcast 
     station with respect to which the qualified services are 
     provided.
       ``(B) Qualified services.--For purposes of subparagraph 
     (A)(ii), the term `qualified services' means services--
       ``(i) which consist of gathering, preparing, directing the 
     recording of, producing, collecting, photographing, 
     recording, writing, editing, reporting, presenting, or 
     publishing original local community news for dissemination to 
     the local community, and
       ``(ii) which are provided with respect to--

       ``(I) a qualifying publication of an eligible local news 
     organization, or
       ``(II) the local community of a qualifying broadcast 
     station.

       ``(3) Qualifying publication.--The term `qualifying 
     publication' means, with respect to any calendar quarter, any 
     print or digital publication--
       ``(A) the primary purpose of which is to serve a local 
     community by providing local news,
       ``(B) which--
       ``(i) is published during the calendar quarter, and
       ``(ii) has been published during each of the 4 calendar 
     quarters preceding such calendar quarter,
       ``(C) which is covered by media liability insurance for 
     such calendar quarter,
       ``(D) which discloses its ownership to the public at such 
     times and in such manner as identified by the Secretary, and
       ``(E) which receives services from not more than 1,500 
     persons during such calendar quarter.
       ``(4) Local community.--The term `local community' means, 
     with respect to any qualifying broadcast station or 
     qualifying publication, a geographically contiguous area that 
     does not exceed the boundaries of--
       ``(A) in the case of a qualifying broadcast station, the 
     area for which the qualifying broadcast station is licensed 
     to serve by the Federal Communications Commission under 
     section 307 of the Communications Act of 1934, and
       ``(B) in the case of a qualifying publication--
       ``(i) the metropolitan or micropolitan statistical area, as 
     defined by the Office of Management and Budget, in which the 
     qualifying publication is primarily distributed,
       ``(ii) if such qualifying publication is not primarily 
     distributed in a metropolitan or micropolitan statistical 
     area, political subdivision of the State in which such 
     qualifying publication is primarily distributed, or

[[Page H6561]]

       ``(iii) if such qualifying publication is not primarily 
     distributed in a metropolitan or micropolitan statistical 
     area or a political subdivision of a State, the State in 
     which such qualifying publication is primarily distributed.
     For purposes of subparagraph (B), in the case of a qualifying 
     publication which is a digital publication, such qualifying 
     publication shall be considered to be primarily distributed 
     in the area where such publication is primarily consumed.
       ``(5) Disqualified organization.--The term `disqualified 
     organization' means--
       ``(A) any organization described in section 501(c)(4) and 
     exempt from tax under section 501(a),
       ``(B) any organization described in section 527, and
       ``(C) any organization that is owned or controlled 
     (directly or indirectly) by one or more organizations 
     described in subparagraph (A) or (B).
       ``(6) Gross receipts.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `gross receipts' has the meaning given such term as 
     used in section 448(c).
       ``(B) Tax-exempt organizations.--In the case of an 
     organization which is described in section 501(c) and exempt 
     from tax under section 501(a), any reference in this section 
     to gross receipts shall be treated as a reference to gross 
     receipts within the meaning of section 6033.
       ``(7) Other terms.--Any term used in this section which is 
     also used in this chapter shall have the same meaning as when 
     used in such chapter.
       ``(e) 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.
       ``(f) Certain Rules to Apply.--
       ``(1) In general.--For purposes of this section--
       ``(A) except as provided in paragraph (2), rules similar to 
     the rules of section 51(i)(1) shall apply, and
       ``(B) rules similar to the rules of section 280C(a) shall 
     apply.
       ``(2) Exception.--Paragraph (1)(A) shall not apply with 
     respect to any local news journalist of an eligible local 
     news journalist employer which employs fewer than 15 local 
     news journalists during the calendar quarter.
       ``(g) Certain Governmental Employers.--
       ``(1) In general.--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.
       ``(2) Exception.--Paragraph (1) shall not apply to any 
     public broadcasting entity (as defined in section 397(11) of 
     the Communications Act of 1934 (47 U.S.C. 397(11))).
       ``(h) Election To Have Section Not Apply.--This section 
     shall not apply with respect to any eligible local news 
     journalist employer for any calendar quarter if such employer 
     elects (at such time and in such manner as the Secretary may 
     prescribe) not to have this section apply.
       ``(i) 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 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 credit allowed under section 41, 45A, 45P, 45S, or 1396.
       ``(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.
       ``(j) Treatment of Deposits.--The Secretary shall waive any 
     penalty under section 6656 for any failure to make a deposit 
     of any taxes imposed under section 3111(b) if the Secretary 
     determines that such failure was due to the reasonable 
     anticipation of the credit allowed under this section.
       ``(k) Extension of Limitation on Assessment.--
     Notwithstanding section 6501, the limitation on the time 
     period for the assessment of any amount attributable to a 
     credit claimed under this section shall not expire before the 
     date that is 5 years after the later of--
       ``(1) the date on which the original return which includes 
     the calendar quarter with respect to which such credit is 
     determined is filed, or
       ``(2) the date on which such return is treated as filed 
     under section 6501(b)(2).
       ``(l) Regulations and Guidance.--The Secretary shall issue 
     such forms, instructions, regulations, and guidance as are 
     necessary--
       ``(1) 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), including 
     regulations or guidance allowing such payors to submit 
     documentation necessary to substantiate the eligible employer 
     status of employers that use such payors, and
       ``(2) to prevent the avoidance of the purposes of the 
     limitations under this section.
     Any forms, instructions, regulations, or other guidance 
     described in paragraph (1) shall require the customer to be 
     responsible for the accounting of the credit and for any 
     liability for improperly claimed credits and shall require 
     the certified professional employer organization or other 
     third-party payor to accurately report such tax credits based 
     on the information provided by the customer.
       ``(m) Application.--This section shall only apply to wages 
     paid in calendar quarters beginning after the date of the 
     enactment of this section and beginning before the date that 
     is 5 years after the first day of the first calendar quarter 
     to which this section applies.''.
       (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. Local news journalist compensation credit.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to calendar quarters beginning after the date of 
     the enactment of this Act.

     SEC. 138517. ABOVE-THE-LINE DEDUCTION FOR EMPLOYEE UNIFORMS.

       (a) In General.--Section 62(a)(2), as amended by the 
     preceding provision of this Act, is amended by adding at the 
     end the following new subparagraph:
       ``(G) Work clothes and uniforms.--In the case of any 
     taxable year beginning after December 31, 2021, and before 
     January 1, 2025, the deductions allowed by section 162, not 
     in excess of $250, which are attributable to a trade or 
     business consisting of the performance of services by the 
     taxpayer as an employee if such deductions are for uniforms 
     or work clothing which are--
       ``(i) required to be worn as a condition of employment, and
       ``(ii) not suitable for everyday wear.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.

     SEC. 138518. EXPENSES IN CONTINGENCY FEE CASES.

       (a) In General.--Section 162 is amended by redesignating 
     subsection (s) as subsection (t) and by inserting after 
     subsection (r) the following new subsection:
       ``(s) Expenses in Contingency Fee Cases.--In the case of 
     any amount paid or incurred in the ordinary course of the 
     trade or business of practicing law the repayment of which is 
     contingent on a recovery by judgment or settlement in the 
     action to which such amount relates--
       ``(1) the deduction under subsection (a) shall be 
     determined by disregarding the possibility that such amount 
     will be repaid, and
       ``(2) income attributable to any related recovery shall not 
     be reduced by such amount.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to amounts paid, incurred, or received in taxable 
     years beginning after the date of the enactment of this Act.

     SEC. 138519. INCREASE IN RESEARCH CREDIT AGAINST PAYROLL TAX 
                   FOR SMALL BUSINESSES.

       (a) In General.--Clause (i) of section 41(h)(4)(B) is 
     amended--
       (1) by striking ``Amount.--The amount'' and inserting 
     ``Amount.--

       ``(I) In general.--The amount'', and

       (2) by adding at the end the following new subclause:

       ``(II) Increase.--In the case of taxable years beginning 
     after December 31, 2021, the amount in subclause (I) shall be 
     increased by $250,000.''.

       (b) Allowance of Credit.--
       (1) In general.--Paragraph (1) of section 3111(f) is 
     amended--
       (A) by striking ``for a taxable year, there shall be 
     allowed'' and inserting ``for a taxable year--
       ``(A) there shall be allowed'',
       (B) by striking ``equal to the'' and inserting ``equal to 
     so much of the'',
       (C) by striking the period at the end and inserting ``as 
     does not exceed the limitation of subclause (I) of section 
     41(h)(4)(B)(i) (applied without regard to subclause (II) 
     thereof), and'', and
       (D) by adding at the end the following new subparagraph:
       ``(B) there shall be allowed as a credit against the tax 
     imposed by subsection (b) for the first calendar quarter 
     which begins after the date on which the taxpayer files the 
     return specified in section 41(h)(4)(A)(ii) an amount equal 
     to so much of the payroll tax credit portion determined under 
     section 41(h)(2) as is not allowed as a credit under 
     subparagraph (A).''.
       (2) Limitation.--Paragraph (2) of section 3111(f) is 
     amended--
       (A) by striking ``paragraph (1)'' and inserting ``paragraph 
     (1)(A)'', and
       (B) by inserting ``, and the credit allowed by paragraph 
     (1)(B) shall not exceed the tax imposed by subsection (b) for 
     any calendar quarter,'' after ``calendar quarter''.
       (3) Carryover.--Paragraph (3) of section 3111(f) is amended 
     by striking ``the credit'' and inserting ``any credit''.
       (4) Deduction allowed.--Paragraph (4) of section 3111(f) is 
     amended--
       (A) by striking ``credit'' and inserting ``credits'', and
       (B) by striking ``subsection (a)'' and inserting 
     ``subsection (a) or (b)''.
       (c) Aggregation Rules.--Clause (ii) of section 41(h)(5)(B) 
     is amended by striking ``the $250,000 amount'' and inserting 
     ``each of the $250,000 amounts''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.

     SEC. 138520. IMPOSITION OF TAX ON NICOTINE.

       (a) 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) 
     (or, if greater, $50.33) per 1,810 milligrams of nicotine 
     (and a proportionate tax at the like rate on any fractional 
     part thereof).''.
       (b) Taxable Nicotine.--Section 5702 is amended by adding at 
     the end the following new subsection:

[[Page H6562]]

       ``(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.''.
       (c) 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''.
       (d) Manufacturer of Taxable Nicotine.--Section 5702, as 
     amended by subsection (b), 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.''.
       (e) Effective Date.--
       (1) In general.--The amendments made by this section 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.
       (2) 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. 138521. 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''.

                        Subtitle I--Drug Pricing

         PART 1--LOWERING PRICES THROUGH 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 is amended 
     by adding after section 1184 (42 U.S.C. 1320e-3) the 
     following new part:

 ``PART E--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 Drug 
     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 negotiation-eligible drugs and 
     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 year (beginning with 2025).
       ``(2) Price applicability period.--The term `price 
     applicability period' means, with respect to a qualifying 
     single source drug, the period beginning with the first 
     initial price applicability year with respect to which such 
     drug is a selected drug and ending with the last 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, February 1 of the year that begins 
     2 years prior to such year.
       ``(4) Negotiation period.--The term `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) February 28 following the selected drug publication 
     date with respect to such selected drug; and
       ``(B) ending on November 1 of the year that begins 2 years 
     prior to the initial price applicability year.
       ``(c) Other Definitions.--For purposes of this part:
       ``(1) Maximum fair price eligible individual.--The term 
     `maximum fair price eligible individual' means, with respect 
     to a selected drug--
       ``(A) in the case such drug is dispensed to the individual 
     at a pharmacy, by a mail order service, or by another 
     dispenser, 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
       ``(B) in the case such drug is furnished or administered to 
     the individual by a hospital, physician, or other provider of 
     services or supplier, an individual who is enrolled under 
     part B of title XVIII, including an individual who is 
     enrolled under an MA plan under part C of such title, if such 
     selected drug is covered under such part.
       ``(2) Maximum fair price.--The term `maximum fair price' 
     means, with respect to a 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) Unit.--The term `unit' means, with respect to a drug 
     or biological, the lowest identifiable amount (such as a 
     capsule or tablet, milligram of molecules, or grams) of the 
     drug or biological that is dispensed or furnished. The 
     determination of a unit, with respect to a drug or 
     biological, pursuant to this paragraph shall not be subject 
     to administrative or judicial review.
       ``(4) Total expenditures.--The term `total expenditures' 
     includes, in the case of expenditures with respect to part D 
     of title XVIII, ingredient costs, dispensing fees, sales tax, 
     and if applicable, vaccine administration fees. The term 
     `total expenditures' excludes, in the case of expenditures 
     with respect to part B of such title, expenditures for a drug 
     or biological that are bundled or packaged into the payment 
     for another service.

     ``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, in accordance with subsection (b), the 
     Secretary shall select and publish in the Federal Register a 
     list of--
       ``(1)(A) with respect to the initial price applicability 
     year 2025, not more than 10 negotiation-eligible drugs 
     described in subparagraph (A)(i) of subsection (d)(1), but 
     not subparagraph (B) of such subsection, with respect to such 
     year;
       ``(B) with respect to the initial price applicability year 
     2026, not more than 15 negotiation-eligible drugs described 
     in subparagraph (A)(i) of subsection (d)(1), but not 
     subparagraph (B) of such subsection, with respect to such 
     year;
       ``(C) with respect to the initial price applicability year 
     2027, not more than 15 negotiation-eligible drugs described 
     in subparagraph (A) of subsection (d)(1), but not 
     subparagraph (B) of such subsection, with respect to such 
     year; and
       ``(D) with respect to the initial price applicability year 
     2028 or a subsequent year, not more than 20 negotiation-
     eligible drugs described in subparagraph (A) of subsection 
     (d)(1), but not subparagraph (B) of such subsection, with 
     respect to such year; and
       ``(2) all negotiation-eligible drugs described in 
     subparagraph (B) of such subsection with respect to such 
     year.
     Subject to subsection (c)(2) and section 1194(f)(5), each 
     drug published on the list pursuant to the previous sentence 
     shall be subject to the negotiation process under section 
     1194 for the 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).
       ``(b) Selection of Drugs.--
       ``(1) In general.--In carrying out subsection (a)(1), 
     subject to paragraph (2), the Secretary shall, with respect 
     to an initial price applicability year--
       ``(A) rank a combined list of negotiation-eligible drugs 
     described in subsection (d)(1)(A) according to the total 
     expenditures for such drugs under parts B and D of title 
     XVIII, as determined by the Secretary, during the most recent 
     period of 12 months prior to the selected drug publication 
     date (but ending not later than October 31 of the year prior 
     to the year of such drug publication date), with respect to 
     such year, for which data are available, with the 
     negotiation-eligible drugs with the highest total 
     expenditures being ranked the highest; and
       ``(B) select from such ranked combined list for inclusion 
     on the published list described in subsection (a) with 
     respect to such year the negotiation-eligible drugs with the 
     highest such rankings.

[[Page H6563]]

       ``(2) High spend part d drugs for 2025 and 2026.--With 
     respect to the initial price applicability year 2025 and with 
     respect to the initial price applicability year 2026, the 
     Secretary shall apply paragraph (1) as if the reference to 
     `negotiation-eligible drugs described in subsection 
     (d)(1)(A)' were a reference to `negotiation-eligible drugs 
     described in subsection (d)(1)(A)(i)' and as if the reference 
     to `total expenditures for such drugs under parts B and D of 
     title XVIII' were a reference to `total expenditures for such 
     drugs under part D of title XVIII'.
       ``(c) Selected Drug.--
       ``(1) In general.--For purposes of this part, consistent 
     with subsection (e)(2) and subject to paragraph (2), each 
     negotiation-eligible 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 year beginning 
     before the first year that begins after the date on which the 
     Secretary determines at least one drug or biological 
     product--
       ``(A) is approved or licensed (as applicable)--
       ``(i) under section 505(j) of the Federal Food, Drug, and 
     Cosmetic Act using such drug as the listed drug; or
       ``(ii) under section 351(k) of the Public Health Service 
     Act using such drug as the reference product; and
       ``(B) is marketed pursuant to such approval or licensure.
       ``(2) Clarification.--A negotiation-eligible drug--
       ``(A) that is included on the list published under 
     subsection (a) with respect to an initial price applicability 
     year; and
       ``(B) for which the Secretary makes a determination 
     described in paragraph (1) before or during the negotiation 
     period with respect to such initial price applicability year,
     shall not be subject to the negotiation process under section 
     1194 with respect to such negotiation period and shall 
     continue to be considered a selected drug under this part 
     with respect to the number of negotiation-eligible drugs 
     published on the list under subsection (a) with respect to 
     such initial price applicability year.
       ``(d) Negotiation-Eligible Drug.--
       ``(1) In general.--For purposes of this part, subject to 
     paragraph (2), 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 is 
     described in either of the following subparagraphs (or, with 
     respect to the initial price applicability year 2025 or 2026, 
     that is described in subparagraph (A)(i) or (B)):
       ``(A) High spend drugs.--The qualifying single source drug 
     is, determined in accordance with subsection (e)(2)--
       ``(i) among the 50 qualifying single source drugs with the 
     highest total expenditures under part D of title XVIII, as 
     determined by the Secretary in accordance with paragraph (3), 
     during the most recent period for which data are available of 
     at least 12 months prior to the selected drug publication 
     date (but ending no later than October 31 of the year prior 
     to the year of such drug publication date), with respect to 
     such year; or
       ``(ii) among the 50 qualifying single source drugs with the 
     highest total expenditures under part B of title XVIII, as 
     determined by the Secretary in accordance with paragraph (3), 
     during such most recent period, as described in clause (i).
       ``(B) Insulin.--The qualifying single source drug is 
     described in subsection (e)(1)(C).
       ``(2) Exception for small biotech drugs.--
       ``(A) In general.--Subject to subparagraph (C), the term 
     `negotiation-eligible drug' shall not include, with respect 
     to the initial price applicability years 2025, 2026, and 
     2027, a qualifying single source drug that meets either of 
     the following:
       ``(i) Part d drugs.--The total expenditures for the 
     qualifying single source drug under part D of title XVIII, as 
     determined by the Secretary in accordance with paragraph (3), 
     during 2021--

       ``(I) are equal to or less than 1 percent of the total 
     expenditures under such part D, as so determined, for all 
     covered part D drugs during such year; and
       ``(II) are equal to at least 80 percent of the total 
     expenditures under such part D, as so determined, for all 
     covered part D drugs for which the manufacturer of the drug 
     has an agreement in effect under section 1860D-14A during 
     such year.

       ``(ii) Part b drugs.--The total expenditures for the 
     qualifying single source drug under part B of title XVIII, as 
     determined by the Secretary in accordance with paragraph (3), 
     during 2021--

       ``(I) are equal to or less than 1 percent of the total 
     expenditures under such part B, as so determined, for all 
     qualifying single source drugs covered under such part B 
     during such year; and
       ``(II) are equal to at least 80 percent of the total 
     expenditures under such part B, as so determined, for all 
     qualifying single source drugs of the manufacturer that are 
     covered under such part B during such year.

       ``(B) Clarifications relating to manufacturers.--
       ``(i) Aggregation rule.--All persons treated as a single 
     employer under subsection (a) or (b) of section 52 of the 
     Internal Revenue Code of 1986 shall be treated as one 
     manufacturer for purposes of this paragraph.
       ``(ii) Limitation.--A qualifying single source drug 
     described in subparagraph (A) shall not include a qualifying 
     single source drug of a manufacturer if such manufacturer is 
     acquired after 2021 by another manufacturer that does not 
     meet the definition of a specified manufacturer under section 
     1860D-14C(g)(4)(B)(ii)), effective at the beginning of the 
     plan year immediately following such acquisition or, in the 
     case of an acquisition before 2024, effective January 1, 
     2024.
       ``(C) Drugs not included as small biotech drugs.--The 
     following shall not be considered a qualifying single source 
     drug described in subparagraph (A):
       ``(i) A vaccine that is licensed under section 351 of the 
     Public Health Service Act and is marketed pursuant to such 
     section.
       ``(ii) A new formulation, such as an extended release 
     formulation, of a qualifying single source drug.
       ``(iii) A qualifying single source drug described in 
     subsection (e)(1)(C).
       ``(3) Clarifications and determinations.--
       ``(A) Previously selected drugs and small biotech drugs 
     excluded.--In applying clauses (i) and (ii) of paragraph 
     (1)(A), the Secretary shall not consider or count--
       ``(i) drugs that are already selected drugs; and
       ``(ii) for initial price applicability years 2025, 2026, 
     and 2027, qualifying single source drugs described in 
     paragraph (2)(A).
       ``(B) Use of data.--In determining whether a qualifying 
     single source drug satisfies any of the criteria described in 
     paragraph (1) or (2), the Secretary shall use data that is 
     aggregated across dosage forms and strengths of the drug, 
     including new formulations of the drug, such as an extended 
     release formulation, and not based on the specific 
     formulation or package size or package type of the drug.
       ``(4) 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.--
       ``(1) In general.--For purposes of this part, the term 
     `qualifying single source drug' means, with respect to an 
     initial price applicability year, subject to paragraphs (2) 
     and (3), a covered part D drug (as defined in section 1860D-
     2(e)) that is described in any of the following or a drug or 
     biological product covered under part B of title XVIII that 
     is described in any of the following:
       ``(A) Drug products.--A drug--
       ``(i) that is approved under section 505(c) of the Federal 
     Food, Drug, and Cosmetic Act and is marketed pursuant to such 
     approval;
       ``(ii) for which, as of the selected drug publication date 
     with respect to such initial price applicability year, at 
     least 7 years will have elapsed since the date of such 
     approval; and
       ``(iii) that is not the listed drug for any drug that is 
     approved and marketed under section 505(j) of such Act.
       ``(B) Biological products.--A biological product--
       ``(i) that is licensed under section 351(a) of the Public 
     Health Service Act and is marketed under section 351 of such 
     Act;
       ``(ii) for which, as of the selected drug publication date 
     with respect to such initial price applicability year, at 
     least 11 years will have elapsed since the date of such 
     licensure; and
       ``(iii) that is not the reference product for any 
     biological product that is licensed and marketed under 
     section 351(k) of such Act.
       ``(C) Insulin product.--Any insulin product 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 and marketed pursuant to such approval or 
     licensure, including any insulin product that has been deemed 
     to be licensed under section 351 of the Public Health Service 
     Act pursuant to section 7002(e)(4) of the Biologics Price 
     Competition and Innovation Act of 2009 and is marketed 
     pursuant to such section, regardless of whether such insulin 
     product would be described in subparagraph (A) or (B).
       ``(2) Treatment of authorized generic drugs.--
       ``(A) In general.--In the case of a qualifying single 
     source drug described in subparagraph (A) or (B) of paragraph 
     (1) that is the listed drug (as such term is used in section 
     505(j) of the Federal Food, Drug, and Cosmetic Act) or the 
     reference product (as defined in section 351(i) of the Public 
     Health Service Act), with respect to an authorized generic 
     drug, in applying the provisions of this part, such 
     authorized generic drug and such listed drug or reference 
     product shall be treated as the same qualifying single source 
     drug.
       ``(B) Authorized generic drug defined.--For purposes of 
     this paragraph, the term `authorized generic drug' means--
       ``(i) in the case of a drug, an authorized generic drug (as 
     such term is defined in section 505(t)(3) of the Federal 
     Food, Drug, and Cosmetic Act); and
       ``(ii) in the case of a biological product, a reference 
     product (as such term is defined in section 351(i) of the 
     Public Health Service Act) that--

       ``(I) has been licensed under section 351(a) of such Act; 
     and
       ``(II) is marketed, sold, or distributed directly or 
     indirectly to retail class of trade under a different 
     labeling, packaging (other than repackaging as the reference 
     product in blister packs, unit doses, or similar packaging 
     for use in institutions), product code, labeler code, trade 
     name, or trade mark than the reference product.

       ``(3) Exclusions.--In this part, the term `qualifying 
     single source drug' does not include any of the following:
       ``(A) Certain orphan drugs.--A drug that is designated as a 
     drug for only one rare disease or condition under section 526 
     of the Federal Food, Drug, and Cosmetic Act and for which the 
     only approved indication (or indications) is for such disease 
     or condition.
       ``(B) Low spend medicare drugs.--A drug or biological 
     product (other than an insulin product described in paragraph 
     (1)(C)) with respect to which the total expenditures under 
     parts B and D of title XVIII, as determined by the Secretary, 
     during the most recent period for which data are available of 
     at least 12 months prior to

[[Page H6564]]

     the selected drug publication date (but ending no later than 
     October 31 of the year prior to the year of such drug 
     publication date), with respect to such year is less than--
       ``(i) with respect to 2021, $200,000,000; or
       ``(ii) with respect to a subsequent year, the dollar amount 
     specified in this subparagraph for the previous year 
     increased by the annual percentage increase in the consumer 
     price index (all items; U.S. city average) as of December of 
     such previous year.
       ``(f) No Administrative or Judicial Review of 
     Determinations and Selections.--The determination of 
     negotiation-eligible drugs under subsection (d) and the 
     selection of drugs under this section are not subject to 
     administrative or judicial review.

     ``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 February 28 following the selected drug 
     publication date with respect to such selected drug, under 
     which--
       ``(1) during the 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, agree to) a maximum fair price for such selected drug 
     of the manufacturer in order for the manufacturer to provide 
     access to such price--
       ``(A) to maximum fair price eligible individuals who with 
     respect to such drug are described in subparagraph (A) of 
     section 1191(c)(1) and are dispensed such drug (and to 
     pharmacies, mail order services, and other dispensers, with 
     respect to such maximum fair price eligible individuals who 
     are dispensed such drugs) during, subject to subparagraph 
     (2), the price applicability period; and
       ``(B) to hospitals, physicians, and other providers of 
     services and suppliers with respect to maximum 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 section 1194, renegotiate (and, by not later 
     than the last date of such period, agree to) the maximum fair 
     price for such drug, in order for the manufacturer to provide 
     access to such maximum fair price (as so renegotiated)--
       ``(A) to maximum fair price eligible individuals who with 
     respect to such drug are described in subparagraph (A) of 
     section 1191(c)(1) and are dispensed such drug (and to 
     pharmacies, mail order services, and other dispensers, with 
     respect to such maximum fair price eligible individuals who 
     are dispensed such drugs) 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 maximum 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) access to the maximum fair price (including as 
     renegotiated pursuant to paragraph (2)), with respect to such 
     a selected drug, shall be provided by the manufacturer to--
       ``(A) maximum fair price eligible individuals, who with 
     respect to such drug are described in subparagraph (A) of 
     section 1191(c)(1), at the pharmacy, mail order service, or 
     other dispenser at the point-of-sale of such drug (and shall 
     be provided by the manufacturer to the pharmacy, mail order 
     service, or other dispenser, with respect to such maximum 
     fair price eligible individuals who are dispensed such 
     drugs), as described in paragraph (1)(A) or (2)(A), as 
     applicable; and
       ``(B) hospitals, physicians, and other providers of 
     services and suppliers with respect to maximum 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, as described in 
     paragraph (1)(B) or (2)(B), as applicable;
       ``(4) the manufacturer, subject to subsection (d), submits 
     to the Secretary, through an online portal established by the 
     Secretary or other form and manner specified by the 
     Secretary, for the negotiation period for the price 
     applicability period (and, if applicable, before any period 
     of renegotiation pursuant to section 1194(f)) with respect to 
     such drug--
       ``(A) information on the non-Federal average manufacturer 
     price for the drug for the applicable year or period; and
       ``(B) all other information that the Secretary requires to 
     carry out the negotiation (or renegotiation process) under 
     this part, including information described in section 
     1194(e)(1); and
       ``(5) 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 selected drug, until 
     such drug is no longer considered a selected drug under 
     section 1192(c).
       ``(c) 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) shall 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.
       ``(d) Implementation for 2025 and 2026.--Notwithstanding 
     any other provision of this part, the Secretary shall 
     implement this section for 2025 and 2026 by program 
     instruction or otherwise.

     ``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), (c), and (d), the Secretary and the 
     manufacturer--
       ``(1) shall during the negotiation period with respect to 
     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) renegotiate, in accordance with the process specified 
     pursuant to subsection (f), such maximum fair price for such 
     drug if such drug is a renegotiation-eligible drug under such 
     subsection.
       ``(b) Negotiation Process Requirements.--
       ``(1) Methodology and process.--The Secretary shall develop 
     and use a consistent methodology and process, in accordance 
     with paragraph (2), for negotiations under subsection (a) 
     that aims to achieve the lowest maximum fair price for each 
     selected drug.
       ``(2) Specific elements of negotiation process.--As part of 
     the negotiation process under this section, with respect to a 
     selected drug and the negotiation period with respect to the 
     initial price applicability year with respect to such drug, 
     the following shall apply:
       ``(A) Submission of information.--Not later than March 1 of 
     the year of the selected drug publication date, with respect 
     to the selected drug, the manufacturer of the drug shall 
     submit to the Secretary, in accordance with section 
     1193(a)(4), the information described in such section.
       ``(B) Initial offer by secretary.--Not later than the June 
     1 following the selected drug publication date, the Secretary 
     shall provide the manufacturer of a selected drug with a 
     written initial offer that contains the Secretary's proposal 
     for the maximum fair price of the drug and a list of the 
     considerations described in section 1194(e) that were used in 
     developing such offer.
       ``(C) Response to initial offer.--
       ``(i) In general.--Not later than 30 days after the date of 
     receipt of an initial offer under subparagraph (B), the 
     manufacturer shall either accept such offer or propose a 
     counteroffer to such offer.
       ``(ii) Counteroffer requirements.--If a manufacturer 
     proposes a counteroffer, such counteroffer--

       ``(I) shall be in writing; and
       ``(II) shall be justified based on the factors described in 
     subsection (e).

       ``(D) Response to counteroffer.--After receiving a 
     counteroffer under subparagraph (C), the Secretary shall 
     respond in writing to such counteroffer.
       ``(E) Deadline.--All negotiations shall end prior to the 
     first day of November following the selected drug publication 
     date, with respect to the initial price applicability year.
       ``(F) Limitations on offer amount.--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, the Secretary shall not 
     offer (or agree to a counteroffer for) a maximum fair price 
     for the selected drug that--
       ``(i) exceeds the ceiling determined under subsection (c) 
     for the selected drug and year; or
       ``(ii) as applicable, is less than the floor determined 
     under subsection (d) for the selected drug and year.
       ``(G) Treatment of determination.--The establishment of a 
     maximum fair price under this section is not subject to 
     administrative or judicial review.
       ``(c) Ceiling for Maximum Fair Price.--
       ``(1) In general.--The maximum fair price negotiated under 
     this section for a selected drug, with respect to the first 
     year of the price applicability period with respect to such 
     drug, shall not exceed the applicable percent described in 
     paragraph (2), with respect to such drug, of the following:
       ``(A) Initial price applicability year 2025.--In the case 
     of a selected drug with respect to which such initial price 
     applicability year is 2025, the average of the non-Federal 
     average manufacturer price for such drug for the first 3 
     calendar quarters of 2021 (or, in the case that there is not 
     a non-Federal average manufacturer price available for such 
     drug for any of such first 3 calendar quarters of 2021, for 
     the first full year following the market entry for such 
     drug), increased by the percentage increase in the consumer 
     price index for all urban consumers (all items; United States 
     city average) from September 2021 (or such first full year 
     following the market entry), as applicable, to the year prior 
     to the selected drug publication date with respect to such 
     initial price applicability year.
       ``(B) Initial price applicability year 2026 and subsequent 
     years.--In the case of a selected drug with respect to which 
     such initial price applicability year is 2026 or a subsequent 
     year, the lower of--
       ``(i) the average of the non-Federal average manufacturer 
     price for such drug for the first 3 calendar quarters of 2021 
     (or, in the case that there is not a non-Federal average 
     manufacturer price available for such drug for any of such 
     first 3 calendar quarters of 2021, for the first full year 
     following the market entry for such drug), increased by the 
     percentage increase in the consumer price index for all urban 
     consumers (all items; United States city average) from 
     September 2021 (or such first full year following the market 
     entry), as applicable, to the

[[Page H6565]]

     year prior to the selected drug publication date with respect 
     to such initial price applicability year; or
       ``(ii) the non-Federal average manufacturer price for such 
     drug for the year prior to the selected drug publication date 
     with respect to such initial price applicability year.
       ``(2) Applicable percent described.--For purposes of 
     paragraph (1), the applicable percent described in this 
     paragraph is the following:
       ``(A) Short-monopoly drugs.--With respect to a selected 
     drug (other than a post-exclusivity drug and a long-monopoly 
     drug), 75 percent.
       ``(B) Post-exclusivity drugs.--With respect to a post-
     exclusivity drug, 65 percent.
       ``(C) Long-monopoly drugs.--With respect to a long-monopoly 
     drug, 40 percent.
       ``(3) Post-exclusivity drug defined.--
       ``(A) In general.--In this part, subject to subparagraph 
     (B), the term `post-exclusivity drug' means, with respect to 
     an initial price applicability year, a selected drug for 
     which at least 12 years, but fewer than 16 years, have 
     elapsed since the date of approval of such drug under section 
     505(c) of the Federal Food, Drug, and Cosmetic Act or since 
     the date of licensure of such drug under section 351(a) of 
     the Public Health Service Act, as applicable.
       ``(B) Exclusions.--The term `post-exclusivity drug' shall 
     not include any of the following:
       ``(i) A vaccine that is licensed under section 351 of the 
     Public Health Service Act and marketed pursuant to such 
     section.
       ``(ii) A selected drug that had an agreement under this 
     part with the Secretary prior to the initial price 
     applicability year 2030.
       ``(C) Clarification.--Nothing in subparagraph (B)(ii) shall 
     limit the transition of a selected drug described in 
     paragraph (2)(A) to a long-monopoly drug if the selected drug 
     meets the definition of a long-monopoly drug.
       ``(4) Long-monopoly drug defined.--
       ``(A) In general.--In this part, subject to subparagraph 
     (B), the term `long-monopoly drug' means, with respect to an 
     initial price applicability year, a selected drug for which 
     at least 16 years have elapsed since the date of approval of 
     such drug under section 505(c) of the Federal Food, Drug, and 
     Cosmetic Act or since the date of licensure of such drug 
     under section 351(a) of the Public Health Service Act, as 
     applicable.
       ``(B) Exclusion.--The term `long-monopoly drug' shall not 
     include a vaccine that is licensed under section 351 of the 
     Public Health Service Act and marketed pursuant to such 
     section.
       ``(5) Non-federal average manufacturer price.--In this 
     part, the term `non-Federal average manufacturer price' has 
     the meaning given such term in section 8126(h)(5) of title 
     38, United States Code.
       ``(d) Temporary Floor for Small Biotech Drugs.--In the case 
     of a selected drug that is a qualifying single source drug 
     described in section 1192(d)(2) and with respect to which the 
     first initial price applicability year of the price 
     applicability period with respect to such drug is 2028 or 
     2029, the maximum fair price negotiated under this section 
     for such drug for such initial price applicability year may 
     not be less than 66 percent of the average of the non-Federal 
     average manufacturer price for such drug (as defined and 
     applied in subsection (c)(4)) for the first 3 calendar 
     quarters of 2021 (or, in the case that there is not a non-
     Federal average manufacturer price available for such drug 
     for any of such first 3 calendar quarters of 2021, for the 
     first full year following the market entry for such drug), 
     increased by the percentage increase in the consumer price 
     index for all urban consumers (all items; United States city 
     average) from September 2021 (or such first full year 
     following the market entry), as applicable, to the year prior 
     to the selected drug publication date with respect to the 
     initial price applicability year.
       ``(e) Considerations.--For purposes of negotiating the 
     maximum fair price of a selected drug under this part with 
     the manufacturer of the drug, the Secretary shall consider 
     the following factors (and, with respect to post-exclusivity 
     drugs and long-monopoly drugs, shall not consider factors 
     other than those described in subparagraphs (B) and (C) of 
     paragraph (1)):
       ``(1) Manufacturer-specific information.--The following 
     information, with respect to such selected drug, 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.
       ``(2) Information on unmet medical needs and alternative 
     treatments.--The following information, with respect to such 
     selected drug:
       ``(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 or biological 
     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, the terminally ill, children, and 
     other patient populations.
       ``(D) The extent to which the drug addresses unmet medical 
     needs for a condition for which treatment or diagnosis is not 
     addressed adequately by available therapy.
     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.
       ``(3) 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.
       ``(f) Renegotiation Process.--
       ``(1) In general.--In the case of a renegotiation-eligible 
     drug (as defined in paragraph (2)) that is selected under 
     paragraph (3), the Secretary shall provide for a process of 
     renegotiation (for years (beginning with 2027) during the 
     price applicability period, with respect to such drug) of the 
     maximum fair price for such drug consistent with paragraph 
     (4).
       ``(2) Renegotiation-eligible drug defined.--In this 
     section, the term `renegotiation-eligible drug' means a 
     selected drug that is any of the following:
       ``(A) Addition of new indication.--A selected drug for 
     which a new indication is added to the drug.
       ``(B) Change of status to a post-exclusivity drug.--A 
     selected drug that is described in section 1192(d)(1)(A) 
     that--
       ``(i) is not a post-exclusivity drug or a long-monopoly 
     drug; and
       ``(ii) for which there is a change in status to that of a 
     post-exclusivity drug.
       ``(C) Change of status to a long-monopoly drug.--A selected 
     drug that is described in section 1192(d)(1)(A) that--
       ``(i) is not a long-monopoly drug; and
       ``(ii) for which there is a change in status to that of a 
     long-monopoly drug.
       ``(D) Material changes.--A selected drug for which the 
     Secretary determines there has been a material change of 
     factors described in paragraph (1) or (2) of subsection (e).
       ``(3) Selection of drugs for renegotiation.--Each year the 
     Secretary shall select among renegotiation-eligible drugs for 
     renegotiation as follows:
       ``(A) All post-exclusivity negotiation-eligible drugs.--The 
     Secretary shall select all renegotiation-eligible drugs 
     described in paragraph (2)(B).
       ``(B) All long-monopoly negotiation-eligible drugs.--The 
     Secretary shall select all renegotiation-eligible drugs 
     described in paragraph (2)(C).
       ``(C) Remaining drugs.--Among the remaining renegotiation-
     eligible drugs described in subparagraphs (A) and (D) of 
     paragraph (2), the Secretary shall select renegotiation-
     eligible drugs for which the Secretary expects renegotiation 
     is likely to result in a significant change in the maximum 
     fair price otherwise negotiated.
       ``(4) Renegotiation process.--The Secretary shall specify 
     the process for renegotiation of maximum fair prices with the 
     manufacturer of a renegotiation-eligible drug selected for 
     renegotiation under this subsection. Such process shall, to 
     the extent practicable, be consistent with the methodology 
     and process established under subsection (b) and in 
     accordance with subsections (c) and (d), and for purposes of 
     applying subsections (c) and (d), the reference to the first 
     initial price applicability year of the price applicability 
     period with respect to such drug shall be treated as the 
     first initial price applicability year of such period for 
     which the maximum fair price established pursuant to such 
     renegotiation applies, including for applying subsection 
     (c)(2)(B) in the case of renegotiation-eligible drugs 
     described in paragraph (3)(A) of this subsection and 
     subsection (c)(2)(C) in the case of renegotiation-eligible 
     drugs described in paragraph (3)(B) of this subsection.
       ``(5) Clarification.--A renegotiation-eligible drug for 
     which the Secretary makes a determination described in 
     section 1192(c)(1) before or during the period of 
     renegotiation shall not be subject to the renegotiation 
     process under this section.
       ``(6) No administrative or judicial review.--The 
     determination of renegotiation-eligible drugs under paragraph 
     (2) and the selection of renegotiation-eligible drugs under 
     paragraph (3) are not subject to administrative or judicial 
     review.
       ``(g) 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 (e)(1); and
       ``(2) by not later than March 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 requires.
     The Secretary shall request, from the manufacturer or others, 
     all additional information needed to carry out the 
     negotiation and renegotiation process under this section.
       (h) Clarification.--In no case shall the maximum fair price 
     negotiated under this section for a selected drug that is a 
     qualifying single source drug described in subparagraph (A) 
     or (B) of section 1192(e)(1) apply before--

[[Page H6566]]

       (1) in the case of the selected drug is a qualifying single 
     source drug described in such subparagraph (A), the date that 
     is 9 years after the date on which the drug was approved 
     under section 505(c) of the Federal Food, Drug, and Cosmetic 
     Act; and
       (2) in the case the selected drug is a qualifying single 
     source drug described in such subparagraph (B), the date that 
     is 13 years after the date on which the drug was licensed 
     under section 351(a) of the Public Health Service Act.
       ``(i) Implementation for 2025 and 2026.--Notwithstanding 
     any other provision of this part, the Secretary shall 
     implement this section for 2025 and 2026 by program 
     instruction or otherwise.

     ``SEC. 1195. PUBLICATION OF MAXIMUM FAIR PRICES.

       ``(a) In General.--With respect to an initial price 
     applicability year and a selected drug with respect to such 
     year--
       ``(1) not later than November 15 of the year that is 2 
     years prior to such initial price applicability year, the 
     Secretary shall publish on CMS.gov the maximum fair price for 
     such drug negotiated under this part with the manufacturer of 
     such drug;
       ``(2) not later than November 30 of the year that is 2 
     years prior to such initial price applicability year, the 
     Secretary shall publish in the Federal Register the maximum 
     fair price for such drug described in paragraph (1); and
       ``(3) not later than March 1 of the year prior to such 
     initial price applicability year, the Secretary shall publish 
     in the Federal Register, subject to section 1193(c) and based 
     on the considerations as described in section 1194(e), the 
     explanation for the maximum fair price for such drug 
     described in paragraphs (1) and (2).
       ``(b) Updates.--
       ``(1) Subsequent year maximum fair prices.--For a selected 
     drug, for each year subsequent to first initial price 
     applicability year of the price applicability period with 
     respect to such drug, with respect to which an agreement for 
     such drug is in effect under section 1193, not later than 
     November 30 of the year that is 2 years prior to such 
     subsequent year, the Secretary shall publish in the Federal 
     Register the maximum fair price applicable to such drug and 
     year, which shall be--
       ``(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 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 maximum fair price 
     eligible individuals; and
       ``(ii) any other discounts.
       ``(B) 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.
       ``(C) The establishment of procedures to carry out the 
     provisions of this part, as applicable, with respect to--
       ``(i) maximum 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; and
       ``(ii) maximum fair price eligible individuals who are 
     enrolled under part B of such title, including who are 
     enrolled under an MA plan under part C of such title.
       ``(D) The establishment of a negotiation process and 
     renegotiation process in accordance with section 1194, 
     including a process for acquiring information described in 
     subsection (e) of such section.
       ``(E) The establishment of an online portal which 
     manufacturers shall be required to use to submit information 
     described in section 1194(b)(2)(A).
       ``(F) The sharing with the Secretary of the Treasury of 
     such information as is necessary to determine the tax imposed 
     by section 4192 of the Internal Revenue Code of 1986 
     (relating to enforcement of this part).
       ``(G) The establishment of an attestation and verification 
     process for purposes of applying section 1192(d)(2)(B).
       ``(2) Monitoring compliance.--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 shall be reported.
       ``(b) Implementation for 2025 and 2026.--Notwithstanding 
     any other provision of this part, the Secretary shall 
     implement this section for 2025 and 2026 by program 
     instruction or otherwise.

     ``SEC. 1197. 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 year 
     during the price applicability period with respect to 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 maximum fair price eligible individual who with 
     respect to such drug is described in subparagraph (A) of 
     section 1191(c)(1) and who is dispensed such drug during such 
     year (and to pharmacies, mail order services, and other 
     dispensers, with respect to such maximum fair price eligible 
     individuals who are dispensed such drugs); or
       ``(2) to a hospital, physician, or other provider of 
     services or supplier with respect to maximum 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 product of the number of units 
     of such drug so furnished, dispensed, or administered during 
     such year and 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 
     of services, 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 year during 
     the price applicability period with respect to such drug, 
     that is in violation of a requirement imposed pursuant to 
     section 1193(a)(5), including the requirement to submit 
     information pursuant to section 1193(a)(4), shall be subject 
     to a civil monetary penalty equal to $1,000,000 for each day 
     of such violation.
       ``(c) False Information.--Any manufacturer that knowingly 
     provides false information for the attestation process or 
     verification process established pursuant to section 
     1196(a)(1)(H), shall be subject to a civil monetary penalty 
     equal to $100,000,000 for each item of such false 
     information.
       ``(d) 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).''.
       (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 referred to 
     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 year during such period'' 
     after ``paragraph (4)''.
       (B) Application under ma of cost-sharing for part b drugs 
     based off of negotiated price.--Section 1852(a)(1)(B)(iv) of 
     the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)(iv)) is 
     amended--
       (i) by redesignating subclause (VII) as subclause (VIII); 
     and
       (ii) by inserting after subclause (VI) the following 
     subclause:

       ``(VII) A drug or biological that is a selected drug (as 
     referred to in section 1192(c)).''.

       (C) Exception to part D non-interference.--Section 1860D-
     11(i) of the Social Security Act (42 U.S.C. 1395w-111(i)) is 
     amended--
       (i) in paragraph (1), by striking ``and'' at the end;
       (ii) in paragraph (2), by striking ``or institute a price 
     structure for the reimbursement of covered part D drugs'' and 
     inserting ``for covered part D drugs; and''; and
       (iii) by adding at the end the following:
       ``(3) may not institute a price structure for the 
     reimbursement of covered part D drugs, except as provided 
     under part E of title XI.''.
       (D) 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 referred to 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 no greater than the maximum fair price (as defined 
     in section 1191(c)(2)) for such drug and for each year during 
     such period plus any dispensing fees for such drug.''.
       (E) Coverage of selected drugs.--Section 1860D-4(b)(3) of 
     the Social Security Act (42 U.S.C. 1395w-104(b)(3)) is 
     amended by adding at the end the following new subparagraph:
       ``(I) Required inclusion of selected drugs.--For 2025 and 
     each subsequent year, the PDP sponsor offering a prescription 
     drug plan shall include each covered part D drug that is a 
     selected drug under section 1192 for which an agreement for 
     such drug is in effect under section 1193 with respect to the 
     year.''.
       (F) Information from prescription drug plans and ma-pd 
     plans required.--

[[Page H6567]]

       (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 1194(g).''.
       (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) Drug price negotiation program prices included in best 
     price.--Section 1927(c)(1)(C) of the Social Security Act (42 
     U.S.C. 1396r-8(c)(1)(C)) is amended--
       (A) in clause (i)(VI), by striking ``any prices charged'' 
     and inserting ``subject to clause (ii)(V), any prices 
     charged''; and
       (B) in clause (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 referred to in 
     section 1192(c)) during such rebate period, shall be 
     inclusive of the maximum fair price (as defined in section 
     1191(c)(2)) for such drug with respect to such period.''.

     SEC. 139002. SELECTED DRUG MANUFACTURER EXCISE TAX IMPOSED 
                   DURING NONCOMPLIANCE PERIODS.

       (a) In General.--Chapter 32 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subchapter:

                      ``Subchapter E--Other Items

``Sec. 4192. Selected drugs during noncompliance periods.

     ``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 March 1st 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 November 2nd immediately 
     following the March 1st described in paragraph (1) and ending 
     on the first date during which the manufacturer of the drug 
     and the Secretary have 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.
       ``(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(a)(6) of the Internal Revenue Code of 1986 is amended by 
     inserting ``or by section 4192'' before the period at the 
     end.
       (c) Certain Exemptions From Tax Not Applicable.--
       (1) Section 4221(a) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following: ``In the case of 
     the tax imposed by section 4192, paragraphs (3), (4), (5), 
     and (6) shall not apply.''.
       (2) Section 6416(b)(2) of such Code is amended by adding at 
     the end the following: ``In the case of the tax imposed by 
     section 4192, subparagraphs (B), (C), (D), and (E) shall not 
     apply.''.
       (d) Clerical Amendment.--The table of subchapters for 
     chapter 32 of such Code is amended by adding at the end the 
     following new item:

                     ``subchapter e. other items''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to sales after the date of the enactment of this 
     Act.

     SEC. 139003. FUNDING.

       In addition to amounts otherwise available, there is 
     appropriated for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, to remain available 
     until expended--
       (1) $300,000,000 to carry out the provisions of, including 
     the amendments made by, this part in fiscal year 2022;
       (2) $300,000,000 to carry out the provisions of, including 
     the amendments made by, this part in fiscal year 2023;
       (3) $300,000,000 to carry out the provisions of, including 
     the amendments made by, this part in fiscal year 2024;
       (4) $300,000,000 to carry out the provisions of, including 
     the amendments made by, this part in fiscal year 2025;
       (5) $300,000,000 to carry out the provisions of, including 
     the amendments made by, this part in fiscal year 2026;
       (6) $300,000,000 to carry out the provisions of, including 
     the amendments made by, this part in fiscal year 2027;
       (7) $300,000,000 to carry out the provisions of, including 
     the amendments made by, this part in fiscal year 2028;
       (8) $300,000,000 to carry out the provisions of, including 
     the amendments made by, this part in fiscal year 2029;
       (9) $300,000,000 to carry out the provisions of, including 
     the amendments made by, this part in fiscal year 2030; and
       (10) $300,000,000 to carry out the provisions of, including 
     the amendments made by, this part in fiscal year 2031.

              PART 2--PRESCRIPTION DRUG INFLATION REBATES

     SEC. 139101. MEDICARE PART B REBATE BY MANUFACTURERS.

       (a) In General.--Section 1847A of the Social Security Act 
     (42 U.S.C. 1395w-3a) is amended--
       (1) by redesignating subsection (h) as subsection (i) and 
     by inserting after subsection (g) the following subsection:
       ``(h) Rebate by Manufacturers for Single Source Drugs and 
     Biologicals 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 billing 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 subsection (c)(6)), including 
     a biosimilar biological product (as defined in subparagraph 
     (H) of such subsection) but excluding a qualifying biosimilar 
     biological product (as defined in subsection (b)(8)(B)(iii)), 
     that would be payable under this part if such drug were 
     furnished to an individual enrolled under this part, except 
     such term shall not include such a drug or biological--
       ``(i) if, as determined by the Secretary, the average total 
     allowed charges for such drug or biological under this part 
     for a year per individual that uses such a drug or biological 
     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

[[Page H6568]]

     the previous year (without application of subparagraph (C)), 
     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.
       ``(C) Rounding.--Any dollar amount determined under 
     subparagraph (B) 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 subparagraphs (B) and (G) and 
     paragraph (4), the amount equal to the product of--
       ``(i) the total number of billing units determined under 
     subparagraph (B) for the billing and payment code of such 
     drug; and
       ``(ii) the amount (if any) by which--

       ``(I) the amount equal to--

       ``(aa) in the case of a part B rebatable drug described in 
     paragraph (1)(B) of section 1847A(b), 106 percent of the 
     amount determined under paragraph (4) of such section for 
     such drug during the calendar quarter; or
       ``(bb) in the case of a part B rebatable drug described in 
     paragraph (1)(C) of such section, the payment amount under 
     such paragraph for such 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) Total number of billing units.--For purposes of 
     subparagraph (A)(i), the total number of billing units with 
     respect to a part B rebatable drug is determined as follows:
       ``(i) Determine the total number of units equal to--

       ``(I) the total number of units, as reported under 
     subsection (c)(1)(B) for each National Drug Code of such drug 
     during the calendar quarter that is two calendar quarters 
     prior to the calendar quarter as described in subparagraph 
     (A), minus
       ``(II) the total number of units with respect to each 
     National Drug Code of such 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 
     rebate period that is the same calendar quarter as described 
     in subclause (I).

       ``(ii) Convert the units determined under clause (i) to 
     billing units for the billing and payment code of such drug, 
     using a methodology similar to the methodology used under 
     this section, by dividing the units determined under clause 
     (i) for each National Drug Code of such drug by the billing 
     unit for the billing and payment code of such drug.
       ``(iii) Compute the sum of the billing units for each 
     National Drug Code of such drug in clause (ii).
       ``(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 
     immediately prior to the calendar quarter beginning October 
     1, 2021.
       ``(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 the last month of the 
     calendar quarter immediately prior to the calendar quarter 
     beginning October 1, 2021.
       ``(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.
       ``(G) Exemption for shortages and severe supply chain 
     disruptions.--The Secretary shall reduce or waive the amount 
     under subparagraph (A) 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 a biosimilar 
     biological product, when the Secretary determines there are 
     severe supply chain disruptions.
       ``(4) Special treatment of certain drugs and exemption.--
       ``(A) Subsequently approved drugs.--In the case of a part B 
     rebatable drug first approved or licensed by the Food and 
     Drug Administration after March 1, 2021, 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 `the 
     last month of the calendar quarter immediately prior to the 
     calendar quarter beginning October 1, 2021' 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 March 1, 2021, 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.
       ``(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)), in the case such drug is determined (pursuant to 
     such section 1192(c)) to no longer be a selected drug, 
     beginning the first calendar quarter 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 `the 
     last month of the calendar quarter immediately prior to the 
     calendar quarter beginning October 1, 2021' under such 
     paragraph were a reference to the March 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 described 
     in paragraph (3)(A)(ii)(I) (or, in the case of a part B 
     rebatable drug that is a selected drug (as defined in section 
     1192(c), the payment amount described in subsection (b)(1)(B) 
     for such drug) for a calendar 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 equal 
     to 20 percent of the inflation-adjusted payment amount 
     determined under paragraph (3)(C) for such part B rebatable 
     drug; and
       ``(B) the amount of such coinsurance for such calendar 
     quarter, as computed under subparagraph (A), shall be applied 
     as a percent, as determined by the Secretary, to the payment 
     amount that would otherwise apply under subparagraphs (B) or 
     (C) of subsection (b)(1).
       ``(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).''; and
       (2) in subsection (i), as redesignated by paragraph (1)--
       (A) in paragraph (4), by striking at the end ``and'';
       (B) in paragraph (5), by striking at the end the period and 
     inserting a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(6) the determination of units under subsection (h);
       ``(7) the determination of whether a drug is a part B 
     rebatable drug under subsection (h);
       ``(8) the calculation of the rebate amount under subsection 
     (h); and
       ``(9) the computation of coinsurance under subsection 
     (h)(5); and
       ``(10) the computation of amounts paid under section 
     1833(a)(1)(EE).''.
       (b) Amounts Payable; Cost-Sharing.--Section 1833 of the 
     Social Security Act (42 U.S.C. 1395l) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (G), by inserting ``, subject to 
     subsection (i)(9),'' after ``the amounts paid'';
       (B) in subparagraph (S), by striking ``with respect to'' 
     and inserting ``subject to subparagraph (EE), with respect 
     to'';
       (C) by striking ``and (DD)'' and inserting ``(DD)''; and
       (D) 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 1847A(h)) for 
     which the payment amount for a calendar quarter under 
     paragraph (3)(A)(ii)(I) of such section (or, in the case of a 
     part B rebatable drug that is a selected drug (as defined in 
     section 1192(c) for which, the payment amount described in 
     section 1847A(b)(1)(B)) for such drug 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 equal to the percent of the payment amount 
     under paragraph (3)(A)(ii)(I) of such section or section 
     1847A(b)(1)(B), as applicable, that equals the difference 
     between (i) 100 percent, and (ii) the percent applied under 
     section 1847A(h)(5)(B)'';
       (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 1847A(h)) for which payment under 
     this subsection is not packaged into a payment for a service 
     furnished on or after July 1, 2023, under the revised payment 
     system under this subsection, in lieu of calculation of 
     coinsurance and the amount of payment otherwise applicable 
     under this subsection, the provisions of section 1847A(h)(5) 
     and paragraph (1)(EE) of subsection (a), shall, as determined 
     appropriate by the Secretary, apply under this subsection in 
     the same manner as such provisions of section 1847A(h)(5) and 
     subsection (a) apply under such section and subsection.''; 
     and

[[Page H6569]]

       (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 
     1847A(h), except if such drug does not have a copayment 
     amount as a result of application of subparagraph (E)) for 
     which payment under this part is not packaged into a payment 
     for a covered OPD service (or group of services) furnished on 
     or after July 1, 2023, and the payment for such drug under 
     this subsection is the same as the amount for a calendar 
     quarter under paragraph (3)(A)(ii)(I) of section 1847A(h), 
     under the system under this subsection, in lieu of 
     calculation of the copayment amount and the amount of payment 
     otherwise applicable under this subsection (other than the 
     application of the limitation described in subparagraph (C)), 
     the provisions of section 1847A(h)(5) and paragraph (1)(EE) 
     of subsection (a), shall, as determined appropriate by the 
     Secretary, apply under this subsection in the same manner as 
     such provisions of section 1847A(h)(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 ``subsection (h) or'' before ``section 1927''.
       (2) Excluding part 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 1847A(h)'' 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 inserting 
     ``and the rebate'' after ``the payment amount''.
       (4) Excluding part b drug inflation rebates from average 
     manufacturer price.--Section 1927(k)(1)(B)(i) of the Social 
     Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)), as previously 
     amended, is further amended--
       (A) in subclause (IV), by striking ``and'';
       (B) in subclause (V), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following new subclause:

       ``(VI) rebates paid by manufacturers under section 
     1847A(h); and''.

       (d) Funding.--In addition to amounts otherwise available, 
     there are appropriated to the Centers for Medicare & Medicaid 
     Services, out of any money in the Treasury not otherwise 
     appropriated, $12,500,000 for fiscal year 2022 and $7,500,000 
     for each of fiscal years 2023 through 2031, to remain 
     available until expended, to carry out the provisions of, 
     including the amendments made by, this section.

     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)), subject to paragraph (3), 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) The amount (if any) of the excess annual manufacturer 
     price increase described in subsection (b)(1)(A)(ii) 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.
       ``(3) Transition rule for reporting.--The Secretary may, 
     for each rebatable covered part D drug, delay the timeframe 
     for reporting the information and rebate amount described in 
     subparagraphs (A) and (B) of such paragraph for the 
     applicable year of 2023 until not later than September 30, 
     2025.
       ``(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 (C), paragraph 
     (5)(B), and paragraph (6), the amount equal to the product 
     of--
       ``(i) subject to subparagraph (B) of this paragraph, 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 month, 
     with respect to such year; 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, with respect to an applicable year, the 
     following:
       ``(i) 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).
       ``(ii) Units of each dosage form and strength of such part 
     D rebatable drug for which a rebate is paid under section 
     1847A(h).
       ``(C) Exemption for shortages and severe supply chain 
     disruptions.--The Secretary shall reduce or waive the amount 
     under subparagraph (A) 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 a generic 
     drug, when the Secretary determines there are severe supply 
     chain disruptions.
       ``(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 under section 1927 with respect to each 
     such calendar quarter of such year; to
       ``(ii) the total number of units of such dosage form and 
     strength reported under section 1927 with respect to 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 
     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 reported under section 1927 
     of such dosage form and strength with respect to each such 
     calendar quarter of such payment amount benchmark year; to
       ``(ii) the total number of units reported under section 
     1927 of such dosage form and strength with respect to 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 October 1, 2021, 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 `the month immediately prior to 
     October 2021' 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) 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 rebate amount under paragraph (1) 
     and the inflation adjusted payment amount under paragraph (3) 
     with respect to such part D rebatable drug and an applicable 
     year, consistent with the formula applied under subsection 
     (c)(2)(C) of section 1927 for determining a rebate obligation 
     for a rebate period under such section.
       ``(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.
       ``(C) 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)), 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

[[Page H6570]]

     `benchmark period CPI-U' were defined under subsection (g)(4) 
     as if the reference to `the month immediately prior to 
     October 2021' under such subsection were a reference to 
     January of the last year beginning during such price 
     applicability period with respect to such drug.
       ``(6) Reconciliation in case of revised amp reports.--The 
     Secretary shall provide for a method and process under which, 
     in the case of a manufacturer of a part D rebatable drug that 
     submits revisions to information submitted under section 1927 
     by the manufacturer with respect to such drug, the Secretary 
     determines, pursuant to such revisions, adjustments, if any, 
     to the calculation of the amount specified in this subsection 
     for a dosage form and strength with respect to such part D 
     rebatable drug and an applicable year and reconciles any 
     overpayments or underpayments in amounts paid as rebates 
     under this subsection. Any identified underpayment shall be 
     rectified by the manufacturer not later than 30 days after 
     the date of receipt from the Secretary of information on such 
     underpayment.
       ``(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)(2) 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) No Administrative or Judicial Review.--There shall be 
     no administrative or 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.--
       ``(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.--The term `unit' means, with respect to a part 
     D rebatable drug, the lowest dispensable amount (such as a 
     capsule or tablet, milligram of molecules, or grams) of the 
     part D rebatable drug, as reported under section 1927.
       ``(3) Payment amount benchmark year.--The term `payment 
     amount benchmark year' means the year ending in the month 
     immediately prior to October 1, 2021.
       ``(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 the month immediately prior 
     to October 2021.
       ``(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 
     calendar year beginning with 2023.
       ``(h) Implementation for 2023 and 2024.--Notwithstanding 
     any other provision of this section, the Secretary shall 
     implement this section for 2023 and 2024 by program 
     instruction or otherwise.''.
       (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 
     ``subsection (h) or section 1927'' and inserting ``subsection 
     (h), section 1927, 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 1847A(h)'' and inserting ``, section 1847A(h), 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 to carry 
     out section 1847B'' and inserting ``or to carry out section 
     1847B or section 1860D-14B''.
       (4) Excluding part d drug inflation rebates from average 
     manufacturer price.--Section 1927(k)(1)(B)(i) of the Social 
     Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)), as previously 
     amended, is further amended by adding at the end the 
     following new subclause:

       ``(VII) rebates paid by manufacturers under section 1860D-
     14B.''.

       (c) Funding.--In addition to amounts otherwise available, 
     there are appropriated to the Centers for Medicare & Medicaid 
     Services, out of any money in the Treasury not otherwise 
     appropriated, $12,500,000 for fiscal year 2022 and $7,500,000 
     for each of fiscal years 2023 through 2031, to remain 
     available until expended, to carry out the provisions of, 
     including the amendments made by, this section.

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 2019 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)--

       (I) by striking ``clause (i)(I)'' and inserting ``clause 
     (i)(I)(aa)''; and
       (II) by adding at the end the following new sentence: ``The 
     Secretary shall continue to calculate the dollar amounts 
     specified in clause (i)(I)(aa), including with the adjustment 
     under this clause, after 2023 for purposes of section 1860D-
     14(a)(1)(D)(iii).'';

       (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) Reinsurance Payment Amount.--Section 1860D-15(b) of the 
     Social Security Act (42 U.S.C. 1395w-115(b)) is amended--
       (1) in paragraph (1)--

[[Page H6571]]

       (A) by striking ``equal to 80 percent'' and inserting 
     ``equal to--
       ``(A) for a year preceding 2024, 80 percent'';
       (B) in subparagraph (A), as added by subparagraph (A), by 
     striking the period at the end and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(B) for 2024 and each subsequent year, the sum of--
       ``(i) an amount equal to 20 percent of such allowable 
     reinsurance costs attributable to that portion of gross 
     prescription drug costs as specified in paragraph (3) 
     incurred in the coverage year after such individual has 
     incurred costs that exceed the annual out-of-pocket threshold 
     specified in section 1860D-2(b)(4)(B) with respect to 
     applicable drugs (as defined in section 1860D-14C(g)(2)); and
       ``(ii) an amount equal to 40 percent of such allowable 
     reinsurance costs attributable to that portion of gross 
     prescription drug costs as specified in paragraph (3) 
     incurred in the coverage year after such individual has 
     incurred costs that exceed the annual out-of-pocket threshold 
     specified in section 1860D-2(b)(4)(B) with respect to covered 
     part D drugs that are not applicable drugs (as so 
     defined).'';
       (2) in paragraph (2)--
       (A) by striking ``COSTS.--For purposes'' and inserting 
     ``Costs.--
       ``(A) In general.--Subject to subparagraph (B), for 
     purposes''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) Inclusion of manufacturer discounts on applicable 
     drugs.--For purposes of applying subparagraph (A), the term 
     `allowable reinsurance costs' shall include the portion of 
     the negotiated price (as defined in section 1860D-14C(g)(6)) 
     of an applicable drug (as defined in section 1860D-14C(g)(2)) 
     that was paid by a manufacturer under the manufacturer 
     discount program under section 1860D-14C.''; and
       (3) in paragraph (3)--
       (A) in the first sentence, by striking ``For purposes'' and 
     inserting ``Subject to paragraph (2)(B), for purposes''; and
       (B) in the second sentence, by inserting ``(or, with 
     respect to 2024 and subsequent years, in the case of an 
     applicable drug, as defined in section 1860D-14C(g)(2), by a 
     manufacturer)'' after ``by the individual or under the 
     plan''.
       (c) Reduced Cost-sharing; Beneficiary Premium Percentage.--
       (1) Cost-sharing.--
       (A) In general.--Section 1860D-2(b)(2)(A) of the Social 
     Security Act (42 U.S.C. 1395w-102(b)(2)(A)) is amended--
       (i) in the subparagraph header, by striking ``25 percent 
     coinsurance'' and inserting ``Coinsurance'';
       (ii) in clause (i), by inserting ``(or, for 2024 and each 
     subsequent year, 23 percent)'' after ``25 percent''; and
       (iii) in clause (ii), by inserting ``(or, for 2024 and each 
     subsequent year, 23 percent)'' after ``25 percent''.
       (B) Conforming amendment.--Section 1860D-14(a)(2)(D) of the 
     Social Security Act (42 U.S.C. 1395w-114(a)(2)(D)) is amended 
     by inserting ``(or, for 2024 and each subsequent year, 
     instead of coinsurance of `23 percent')'' after ``instead of 
     coinsurance of `25 percent'''.
       (2) Beneficiary premium percentage.--
       (A) In general.--Section 1860D-13(a)(3)(A) of the Social 
     Security Act (42 U.S.C. 1395w-113(a)(3)(A)) is amended by 
     inserting ``(or, for 2024 and each subsequent year, 23.5 
     percent)'' after ``25.5 percent''.
       (B) Conforming amendments.--
       (i) Section 1860D-11(g)(6) of the Social Security Act (42 
     U.S.C. 1395w-111(g)(6)) is amended by inserting ``(or, for 
     2024 and each subsequent year, 23.5 percent)'' after ``25.5 
     percent''.
       (ii) Section 1860D-13(a)(7)(B)(i) of the Social Security 
     Act (42 U.S.C. 1395w-113(a)(7)(B)(i)) is amended--

       (I) in subclause (I), by inserting ``(or, for 2024 and each 
     subsequent year, 23.5 percent)'' after ``25.5 percent''; and
       (II) in subclause (II), by inserting ``(or, for 2024 and 
     each subsequent year, 23.5 percent)'' after ``25.5 percent''.

       (iii) Section 1860D-15(a) of the Social Security Act (42 
     U.S.C. 1395w-115(a)) is amended by inserting ``(or, for 2024 
     and each subsequent year, 76.5 percent)'' after ``74.5 
     percent''.
       (d) Manufacturer Discount Program.--
       (1) In general.--Part D of title XVIII of the Social 
     Security Act (42 U.S.C. 1395w-101 through 42 U.S.C. 1395w-
     153), as amended by section 139102, is further amended by 
     inserting after section 1860D-14B the following new sections:

     ``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, in accordance with this 
     section, discounted prices for applicable drugs of the 
     manufacturer that are dispensed to applicable beneficiaries 
     on or after January 1, 2024.
       ``(B) Clarification.--Nothing in this section shall be 
     construed as affecting--
       ``(i) the application of a coinsurance of 23 percent of the 
     negotiated price, as applied under paragraph (2)(A) of 
     section 1860D-2(b), for costs described in such paragraph; or
       ``(ii) the application of the copayment amount described in 
     paragraph (4)(A) of such section, with respect to costs 
     described in such paragraph.
       ``(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 not 
     later than a calendar quarter or semi-annual deadline 
     established by the Secretary.
       ``(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 shall 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 31 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 31 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 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;
       ``(C) 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 specified by the Secretary; and
       ``(D) 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

[[Page H6572]]

     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 shall implement the 
     program under this section for 2024 and 2025 by program 
     instruction or otherwise.
       ``(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.--A manufacturer that fails to provide 
     discounted prices for applicable drugs of the manufacturer 
     dispensed to applicable beneficiaries in accordance with such 
     agreement shall be subject to a civil money penalty 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) as if clause (iii) of such section 
     included a reference to costs reimbursed through insurance, a 
     group health plan, or certain other third-party payment 
     arrangements, for covered part D drugs in the year that 
     exceed--
       ``(i) in the case of an individual not described in clause 
     (ii) or (iii), the annual deductible for such year, as 
     specified in section 1860D-2(b)(1);
       ``(ii) in the case of a subsidy eligible individual 
     described in section 1860D-14(a)(1), the annual deductible 
     for such year, as specified in subparagraph (B) of such 
     section; and
       ``(iii) in the case of a subsidy eligible individual 
     described in section 1860D-14(a)(2), the annual deductible 
     for such year, as specified in subparagraph (B) of such 
     section.
       ``(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 referred to 
     under 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, 
     subject to subparagraphs (B) and (C), 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, 80 percent of the negotiated price of such drug.
       ``(B) Phase-in for certain drugs dispensed to lis 
     beneficiaries.--
       ``(i) In general.--In the case of an applicable drug of a 
     specified manufacturer (as defined in clause (ii)) that is 
     marketed as of the date of enactment of this subparagraph and 
     dispensed for an applicable beneficiary who is a subsidy 
     eligible individual (as defined in section 1860D-14(a)(3)), 
     the term `discounted price' means the specified LIS percent 
     (as defined in clause (iii)) of the negotiated price of the 
     applicable drug of the manufacturer.
       ``(ii) Specified manufacturer.--

       ``(I) In general.--In this subparagraph, subject to 
     subclause (II), the term `specified manufacturer' means a 
     manufacturer of an applicable drug for which, in 2021--

       ``(aa) the manufacturer had a coverage gap discount 
     agreement under section 1860D-14A;
       ``(bb) the total expenditures for all of the specified 
     drugs of the manufacturer covered by such agreement or 
     agreements for such year and covered under this part during 
     such year represented less than 1.0 percent of the total 
     expenditures under this part for all covered Part D drugs 
     during such year; and
       ``(cc) the total expenditures for all of the specified 
     drugs of the manufacturer that are single source drugs and 
     biological products covered under part B during such year 
     represented less than 1.0 percent of the total expenditures 
     under part B for all drugs or biological products covered 
     under such part during such year.

       ``(II) Specified drugs.--

       ``(aa) In general.--For purposes of this clause, the term 
     `specified drug' means, with respect to a specified 
     manufacturer, for 2021, an applicable drug that is produced, 
     prepared, propagated, compounded, converted, or processed by 
     the manufacturer.
       ``(bb) Aggregation rule.--All persons treated as a single 
     employer under subsection (a) or (b) of section 52 of the 
     Internal Revenue Code of 1986 shall be treated as one 
     manufacturer for purposes of this subparagraph. For purposes 
     of making a determination pursuant to the previous sentence, 
     an agreement under this section shall require that a 
     manufacturer provide and attest to such information as 
     specified by the Secretary as necessary.

       ``(III) Limitation.--The term `specified manufacturer' 
     shall not include a manufacturer described in subclause (I) 
     if such manufacturer is acquired after 2021 by another 
     manufacturer that is not a specified manufacturer, effective 
     at the beginning of the plan year immediately following such 
     acquisition or, in the case of an acquisition before 2024, 
     effective January 1, 2024.

       ``(iii) Specified lis percent.--In this subparagraph, the 
     `specified LIS percent' means, with respect to a year--

       ``(I) for an applicable drug dispensed for an applicable 
     beneficiary described in clause (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--

       ``(aa) for 2024, 99 percent;
       ``(bb) for 2025, 98 percent;
       ``(cc) for 2026, 95 percent;
       ``(dd) for 2027, 92 percent; and
       ``(ee) for 2028 and each subsequent year, 90 percent; and

       ``(II) for an applicable drug dispensed for an applicable 
     beneficiary described in clause (i) who has 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--

       ``(aa) for 2024, 99 percent;
       ``(bb) for 2025, 98 percent;
       ``(cc) for 2026, 95 percent;
       ``(dd) for 2027, 92 percent;
       ``(ee) for 2028, 90 percent;
       ``(ff) for 2029, 85 percent; and
       ``(gg) for 2030 and each subsequent year, 80 percent.
       ``(C) Phase-in for specified small manufacturers.--
       ``(i) In general.--In the case of an applicable drug of a 
     specified small manufacturer (as defined in clause (ii)) that 
     is marketed as of the date of enactment of this subparagraph 
     and dispensed for an applicable beneficiary, the term 
     `discounted price' means the specified small manufacturer 
     percent (as defined in clause (iii)) of the negotiated price 
     of the applicable drug of the manufacturer.
       ``(ii) Specified small manufacturer.--

       ``(I) In general.--In this subparagraph, subject to 
     subclause (III), the term `specified small manufacturer' 
     means a manufacturer of an applicable drug for which, in 
     2021--

       ``(aa) the manufacturer is a specified manufacturer (as 
     defined in subparagraph (B)(ii)); and
       ``(bb) the total expenditures under part D for any one of 
     the specified small manufacturer drugs of the manufacturer 
     that are covered by the agreement or agreements under section

[[Page H6573]]

     1860D-14A of such manufacturer for such year and covered 
     under this part during such year are equal to or more than 80 
     percent of the total expenditures under this part for all 
     specified small manufacturer drugs of the manufacturer that 
     are covered by such agreement or agreements for such year and 
     covered under this part during such year.

       ``(II) Specified small manufacturer drugs.--

       ``(aa) In general.--For purposes of this clause, the term 
     `specified small manufacturer drugs' means, with respect to a 
     specified small manufacturer, for 2021, an applicable drug 
     that is produced, prepared, propagated, compounded, 
     converted, or processed by the manufacturer.
       ``(bb) Aggregation rule.--All persons treated as a single 
     employer under subsection (a) or (b) of section 52 of the 
     Internal Revenue Code of 1986 shall be treated as one 
     manufacturer for purposes of this subparagraph. For purposes 
     of making a determination pursuant to the previous sentence, 
     an agreement under this section shall require that a 
     manufacturer provide and attest to such information as 
     specified by the Secretary as necessary.

       ``(III) Limitation.--The term `specified small 
     manufacturer' shall not include a manufacturer described in 
     subclause (I) if such manufacturer is acquired after 2021 by 
     another manufacturer that is not a specified small 
     manufacturer, effective at the beginning of the plan year 
     immediately following such acquisition or, in the case of an 
     acquisition before 2024, effective January 1, 2024.

       ``(iii) Specified small manufacturer percent.--In this 
     subparagraph, the term `specified small manufacturer percent' 
     means, with respect to a year--

       ``(I) for an applicable drug dispensed for an applicable 
     beneficiary 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--

       ``(aa) for 2024, 99 percent;
       ``(bb) for 2025, 98 percent;
       ``(cc) for 2026, 95 percent;
       ``(dd) for 2027, 92 percent; and
       ``(ee) for 2028 and each subsequent year, 90 percent; and

       ``(II) for an applicable drug dispensed for an applicable 
     beneficiary who has 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--

       ``(aa) for 2024, 99 percent;
       ``(bb) for 2025, 98 percent;
       ``(cc) for 2026, 95 percent;
       ``(dd) for 2027, 92 percent;
       ``(ee) for 2028, 90 percent;
       ``(ff) for 2029, 85 percent; and
       ``(gg) for 2030 and each subsequent year, 80 percent.
       ``(D) Total expenditures.--For purposes of this paragraph, 
     the term `total expenditures' includes, in the case of 
     expenditures with respect to part D, ingredient costs, 
     dispensing fees, sales tax, and, if applicable, vaccine 
     administration fees. The term `total expenditures' excludes, 
     in the case of expenditures with respect to part B, 
     expenditures for a drug or biological that are bundled or 
     packaged into the payment for another service.
       ``(E) 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) 
     and, with respect to an applicable drug, such negotiated 
     price shall include any dispensing fee and, if applicable, 
     any vaccine administration 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).

     ``SEC. 1860D-14D. SELECTED DRUG SUBSIDY PROGRAM.

       ``With respect to covered part D drugs that would be 
     applicable drugs (as defined in section 1860D-14C(g)(2) but 
     for the application of subparagraph (B) of such section, the 
     Secretary shall provide a process whereby, in the case of an 
     applicable beneficiary (as defined in section 1860D-
     14C(g)(1)) who, with respect to a year, is enrolled in a 
     prescription drug plan or is enrolled in an MA-PD plan, has 
     not incurred costs that are equal to or exceed the annual 
     out-of-pocket threshold specified in section 1860D-
     2(b)(4)(B)(i), and is dispensed such a drug the Secretary 
     (periodically and on a timely basis) provides the PDP sponsor 
     or the MA organization offering the plan, a subsidy with 
     respect to such drug that is equal to 10 percent of the 
     negotiated price (as defined in section 1860D-14C(g)(6)) of 
     such drug.''.
       (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 on 
     and 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;''.
       (e) 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:

[[Page H6574]]

       ``(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''.
       (f) Implementation for 2024 and 2025.--Notwithstanding any 
     other provision of this section, the Secretary shall 
     implement this section, including the amendments made by this 
     section, for 2024 and 2025 by program instruction or 
     otherwise.
       (g) Funding.--In addition to amounts otherwise available, 
     there are appropriated to the Centers for Medicare & Medicaid 
     Services, out of any money in the Treasury not otherwise 
     appropriated, $44,000,000 for fiscal year 2022, $38,000,000 
     for fiscal year 2023, and $32,000,000 for each of fiscal 
     years 2024 through 2031, to remain available until expended, 
     to carry out the provisions of, including the amendments made 
     by, this section.

     SEC. 139202. MAXIMUM MONTHLY CAP ON COST SHARING PAYMENTS 
                   UNDER PRESCRIPTION DRUG PLANS AND MA-PD PLANS.

       (a) In General.--Section 1860D-2(b) of the Social Security 
     Act (42 U.S.C. 1395w-102(b)), as amended by section 139201, 
     is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``and (D)'' and 
     inserting ``, (D), and (E)''; and
       (B) by adding at the end the following new subparagraph:
       ``(E) Maximum monthly cap on cost sharing payments.--
       ``(i) In general.--For plan years beginning on or after 
     January 1, 2025, each PDP sponsor offering a prescription 
     drug plan and each MA organization offering an MA-PD plan 
     shall provide to any enrollee of such plan, including an 
     enrollee who is a subsidy eligible individual (as defined in 
     paragraph (3) of section 1860D-14(a)), the option to elect 
     with respect to a plan year to pay cost sharing under the 
     plan in monthly amounts that are capped in accordance with 
     this subparagraph.
       ``(ii) Determination of maximum monthly cap.--For each 
     month in the plan year for which an enrollee in a 
     prescription drug plan or an MA-PD plan has made an election 
     pursuant to clause (i), the PDP sponsor or MA organization 
     shall determine a maximum monthly cap (as defined in clause 
     (iv)) for such enrollee.
       ``(iii) Beneficiary monthly payments.--With respect to an 
     enrollee who has made an election pursuant to clause (i), for 
     each month described in clause (ii), the PDP sponsor or MA 
     organization shall bill such enrollee an amount (not to 
     exceed the maximum monthly cap) for the out-of-pocket costs 
     of such enrollee in such month.
       ``(iv) Maximum monthly cap defined.--In this subparagraph, 
     the term `maximum monthly cap' means, with respect to an 
     enrollee--

       ``(I) for the first month for which the enrollee has made 
     an election pursuant to clause (i), an amount determined by 
     calculating--

       ``(aa) the annual out-of-pocket threshold specified in 
     paragraph (4)(B) minus the incurred costs of the enrollee as 
     described in paragraph (4)(C); divided by
       ``(bb) the number of months remaining in the plan year; and

       ``(II) for a subsequent month, an amount determined by 
     calculating--

       ``(aa) the sum of any remaining out-of-pocket costs owed by 
     the enrollee from a previous month that have not yet been 
     billed to the enrollee and any additional out-of-pocket costs 
     incurred by the enrollee; divided by
       ``(bb) the number of months remaining in the plan year.
       ``(v) Additional requirements.--The following requirements 
     shall apply with respect to the option to make an election 
     pursuant to clause (i) under this subparagraph:

       ``(I) Secretarial responsibilities.--The Secretary shall 
     provide information to part D eligible individuals on the 
     option to make such election through educational materials, 
     including through the notices provided under section 1804(a).
       ``(II) Timing of election.--An enrollee in a prescription 
     drug plan or an MA-PD plan may make such an election--

       ``(aa) prior to the beginning of the plan year; or
       ``(bb) in any month during the plan year.

       ``(III) Pdp sponsor and ma organization responsibilities.--
     Each PDP sponsor offering a prescription drug plan or MA 
     organization offering an MA-PD plan--

       ``(aa) may not limit the option for an enrollee to make 
     such an election to certain covered part D drugs;
       ``(bb) shall, prior to the plan year, notify prospective 
     enrollees of the option to make such an election in 
     promotional materials;
       ``(cc) shall include information on such option in enrollee 
     educational materials;
       ``(dd) shall have in place a mechanism to notify a pharmacy 
     during the plan year when an enrollee incurs out-of-pocket 
     costs with respect to covered part D drugs that make it 
     likely the enrollee may benefit from making such an election;
       ``(ee) shall provide that a pharmacy, after receiving a 
     notification described in item (dd) with respect to an 
     enrollee, informs the enrollee of such notification;
       ``(ff) shall ensure that such an election by an enrollee 
     has no effect on the amount paid to pharmacies (or the timing 
     of such payments) with respect to covered part D drugs 
     dispensed to the enrollee; and
       ``(gg) shall have in place a financial reconciliation 
     process to correct inaccuracies in payments made by an 
     enrollee under this subparagraph with respect to covered part 
     D drugs during the plan year.

       ``(IV) Failure to pay amount billed.--If an enrollee fails 
     to pay the amount billed for a month as required under this 
     subparagraph, the election of the enrollee pursuant to clause 
     (i) shall be terminated and the enrollee shall pay the cost 
     sharing otherwise applicable for any covered part D drugs 
     subsequently dispensed to the enrollee up to the annual out-
     of-pocket threshold specified in paragraph (4)(B).
       ``(V) Clarification regarding past due amounts.--Nothing in 
     this subparagraph shall be construed as prohibiting a PDP 
     sponsor or an MA organization from billing an enrollee for an 
     amount owed under this subparagraph.
       ``(VI) Treatment of unsettled balances.--Any unsettled 
     balances with respect to amounts owed under this subparagraph 
     shall be treated as plan losses and the Secretary shall not 
     be liable for any such balances outside of those assumed as 
     losses estimated in plan bids.''; and

       (2) in paragraph (4)--
       (A) in subparagraph (C), by striking ``in subparagraph 
     (E)'' and inserting ``in subparagraph (E) and subject to 
     subparagraph (F)''; and
       (B) by adding at the end the following new subparagraph:
       ``(F) Inclusion of costs paid under maximum monthly cap 
     option.--In applying subparagraph (A), with respect to an 
     enrollee who has made an election pursuant to clause (i) of 
     paragraph (2)(E), costs shall be treated as incurred if such 
     costs are paid by a PDP sponsor or an MA organization under 
     the option provided under such paragraph.''.
       (b) Application to Alternative Prescription Drug 
     Coverage.--Section 1860D-2(c) of the Social Security Act (42 
     U.S.C. 1395w-102(c)) is amended by adding at the end the 
     following new paragraph:
       ``(4) Same maximum monthly cap on cost sharing.--For plan 
     years beginning on or after January 1, 2025, the maximum 
     monthly cap on cost sharing payments under the option 
     provided under subsection (b)(2)(E) shall apply to such 
     coverage.''.
       (c) Implementation for 2025.--The Secretary shall implement 
     this section, including the amendments made by this section, 
     for 2025 by program instruction or otherwise.
       (d) Funding.--In addition to amounts otherwise available, 
     there are appropriated to the Centers for Medicare & Medicaid 
     Services, out of any money in the Treasury not otherwise 
     appropriated, $1,000,000 for each of fiscal years 2022 
     through 2031, to remain available until expended, to carry 
     out the provisions of, including the amendments made by, this 
     section.

        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).

                         PART 5--MISCELLANEOUS

     SEC. 139401. APPROPRIATE COST-SHARING FOR CERTAIN INSULIN 
                   PRODUCTS UNDER MEDICARE PART D.

       (a) In General.--Section 1860D-2 of the Social Security Act 
     (42 U.S.C. 1395w-102) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A), by striking ``The coverage'' and 
     inserting ``Subject to paragraph (8), the coverage'';
       (B) in paragraph (2)(A), by striking ``and (D)'' and 
     inserting ``and (D) and paragraph (8)'';
       (C) in paragraph (3)(A), by striking ``and (4)'' and 
     inserting ``(4), and (8)'';

[[Page H6575]]

       (D) in paragraph (4)(A)(i), by striking ``The coverage'' 
     and inserting ``Subject to paragraph (8), the coverage''; and
       (E) by adding at the end the following new paragraph:
       ``(8) Treatment of cost-sharing for certain insulin 
     products.--
       ``(A) In general.--For plan years beginning on or after 
     January 1, 2023, the following shall apply with respect to 
     insulin products (as defined in subparagraph (B)):
       ``(i) No application of deductible.--The deductible under 
     paragraph (1) shall not apply with respect to such insulin 
     products.
       ``(ii) Application of cost-sharing.--

       ``(I) Plan year 2023.--For plan year 2023, the coverage 
     provides benefits for such insulin products, regardless of 
     whether an individual has reached the initial coverage limit 
     under paragraph (3) or the out-of-pocket threshold under 
     paragraph (4), with cost-sharing that is equal to the 
     applicable copayment amount.
       ``(II) Plan year 2024 and subsequent plan years.--For plan 
     year 2024 and subsequent plan years, the coverage provides 
     benefits for such insulin products, prior to an individual 
     reaching the out-of-pocket threshold under paragraph (4), 
     with cost-sharing that is equal to the applicable copayment 
     amount.
       ``(III) Applicable copayment amount.--For purposes of this 
     clause, the term `applicable copayment amount' means, with 
     respect to an insulin product under a prescription drug plan 
     or an MA-PD plan, an amount that is not more than $35.

       ``(B) Insulin product.--For purposes of this paragraph, the 
     term `insulin product' means an insulin product 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 and marketed pursuant to such approval or 
     licensure, including any insulin product that has been deemed 
     to be licensed under section 351 of the Public Health Service 
     Act pursuant to section 7002(e)(4) of the Biologics Price 
     Competition and Innovation Act of 2009 and marketed pursuant 
     to such section.''; and
       (2) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(4) Treatment of cost-sharing for insulin products.--The 
     coverage is provided in accordance with subsection (b)(8).''.
       (b) Conforming Amendments to Cost-sharing for Low-income 
     Individuals.--Section 1860D-14(a) of the Social Security Act 
     (42 U.S.C. 1395w-114(a)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D)(iii), by adding at the end the 
     following new sentence: ``For plan year 2023 and subsequent 
     plan years, the copayment amount applicable under the 
     preceding sentence to an insulin product (as defined in 
     section 1860D-2(b)(8)(B)) furnished to the individual may not 
     exceed the applicable copayment amount for the product under 
     the prescription drug plan or MA-PD plan in which the 
     individual is enrolled.''; and
       (B) in subparagraph (E), by inserting the following before 
     the period at the end ``or under section 1860D-2(b)(8) in the 
     case of an insulin product (as defined in subparagraph (B) of 
     such section)''; and
       (2) in paragraph (2)--
       (A) in subparagraph (D), by adding at the end the following 
     new sentence: ``For plan year 2023 and subsequent plan years, 
     the amount of the coinsurance applicable under the preceding 
     sentence to an insulin product (as defined in section 1860D-
     2(b)(8)(B)) furnished to the individual may not exceed the 
     applicable copayment amount for the product under the 
     prescription drug plan or MA-PD plan in which the individual 
     is enrolled.''; and
       (B) in subparagraph (E), by adding at the end the following 
     new sentence: ``For plan year 2023, the amount of the 
     copayment or coinsurance applicable under the preceding 
     sentence to an insulin product (as defined in section 1860D-
     2(b)(8)(B)) furnished to the individual may not exceed the 
     applicable copayment amount for the product under the 
     prescription drug plan or MA-PD plan in which the individual 
     is enrolled.''
       (c) Implementation.--The Secretary shall implement this 
     section for plan years 2023 and 2024 by program instruction 
     or otherwise.

     SEC. 139402. COVERAGE OF ADULT VACCINES RECOMMENDED BY THE 
                   ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES 
                   UNDER MEDICARE PART D.

       (a) Ensuring Treatment of Cost Sharing Is Consistent With 
     Treatment of Vaccines Under Medicare Part B.--Section 1860D-2 
     of the Social Security Act (42 U.S.C. 1395w-102), as amended 
     by section 139401, is further amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A), by striking ``paragraph (8)'' and 
     inserting ``paragraphs (8) and (9)'';
       (B) in paragraph (2)(A), by striking ``paragraph (8)'' and 
     inserting ``paragraphs (8) and (9)'';
       (C) in paragraph (3)(A), by striking ``and (8)'' and 
     inserting ``(8), and (9)'';
       (D) in paragraph (4)(A)(i), by striking ``paragraph (8)'' 
     and inserting ``paragraphs (8) and (9)''; and
       (E) by adding at the end the following new paragraph:
       ``(9) Treatment of cost sharing for adult vaccines 
     recommended by the advisory committee on immunization 
     practices consistent with treatment of vaccines under part 
     b.--
       ``(A) In general.--For plan years beginning on or after 
     January 1, 2024 , the following shall apply with respect to 
     an adult vaccine recommended by the Advisory Committee on 
     Immunization Practices (as defined in subparagraph (B)):
       ``(i) No application of deductible.--The deductible under 
     paragraph (1) shall not apply with respect to such vaccine.
       ``(ii) No application of coinsurance or any other cost-
     sharing.--There shall be no coinsurance or other cost-sharing 
     under this part with respect to such vaccine, regardless of 
     whether for costs below, at, or above the initial coverage 
     limit under paragraph (3) or the out-of-pocket threshold 
     under paragraph (4).
       ``(B) Adult vaccines recommended by the advisory committee 
     on immunization practices.--For purposes of this paragraph, 
     the term `adult vaccine recommended by the Advisory Committee 
     on Immunization Practices' means a covered part D drug that 
     is a vaccine licensed under section 351 of the Public Health 
     Service Act for use by adult populations and administered in 
     accordance with recommendations of the Advisory Committee on 
     Immunization Practices of the Centers for Disease Control and 
     Prevention.''; and
       (2) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(5) Treatment of cost sharing for adult vaccines 
     recommended by the advisory committee on immunization 
     practices.--The coverage is in accordance with subsection 
     (b)(9).''.
       (b) Conforming Amendments to Cost Sharing for Low-income 
     Individuals.--Section 1860D-14(a) of the Social Security Act 
     (42 U.S.C. 1395w-114(a)), as amended by section 139401, is 
     further amended--
       (1) in paragraph (1)(D), in each of clauses (ii) and (iii), 
     by striking ``In the case'' and inserting ``Subject to 
     paragraph (6), in the case'';
       (2) in paragraph (2)--
       (A) in subparagraph (B), by striking ``A reduction'' and 
     inserting ``Subject to paragraph (6), a reduction''
       (B) in subparagraph (D), by striking ``The substitution'' 
     and inserting ``Subject to paragraph (6), the substitution''; 
     and
       (C) in subparagraph (E), by striking ``subsection (c)'' and 
     inserting ``paragraph (6) and subsection (c)''; and
       (3) by adding at the end the following new paragraph:
       ``(6) No application of cost sharing for adult vaccines 
     recommended by the advisory committee on immunization 
     practices.--For plan years beginning on or after January 1, 
     2024, there shall be no cost sharing under this section, 
     including no annual deductible applicable under this section, 
     with respect to an adult vaccine recommended by the Advisory 
     Committee on Immunization Practices (as defined in 
     subparagraph (B) of such section).''.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed as limiting coverage under part D of title XVIII of 
     the Social Security Act for vaccines that are not recommended 
     by the Advisory Committee on Immunization Practices.
       (d) Implementation for 2024.--The Secretary shall implement 
     this section, including the amendments made by this section, 
     for 2024 by program instruction or otherwise.

     SEC. 139403. PAYMENT FOR BIOSIMILAR BIOLOGICAL PRODUCTS 
                   DURING INITIAL PERIOD.

       Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 
     1395w-3a(c)(4)) is amended--
       (1) in each of subparagraphs (A) and (B), by redesignating 
     clauses (i) and (ii) as subclauses (I) and (II), 
     respectively, and moving such subclauses 2 ems to the right;
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii) and moving such clauses 2 ems to the right;
       (3) by striking ``unavailable.--In the case'' and inserting 
     ``unavailable.--
       ``(A) In general.--Subject to subparagraph (B), in the 
     case''; and
       (4) by adding at the end the following new subparagraph:
       ``(B) Limitation on payment amount for biosimilar 
     biological products during initial period.--In the case of a 
     biosimilar biological product furnished on or after July 1, 
     2023, during the initial period described in subparagraph (A) 
     with respect to the biosimilar biological product, the amount 
     payable under this section for the biosimilar biological 
     product is the lesser of the following:
       ``(i) The amount determined under clause (ii) of such 
     subparagraph for the biosimilar biological product.
       ``(ii) The amount determined under subsection (b)(1)(B) for 
     the reference biological product.''.

     SEC. 139404. TEMPORARY INCREASE IN MEDICARE PART B PAYMENT 
                   FOR CERTAIN BIOSIMILAR BIOLOGICAL PRODUCTS.

       Section 1847A(b)(8) of the Social Security Act (42 U.S.C. 
     1395w-3a(b)(8)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and moving the margin of each 
     such redesignated clause 2 ems to the right;
       (2) by striking ``product.--The amount'' and inserting the 
     following: ``product.--
       ``(A) In general.--Subject to subparagraph (B), the 
     amount''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Temporary payment increase.--
       ``(i) In general.--In the case of a qualifying biosimilar 
     biological product that is furnished during the applicable 5-
     year period for such product, the amount specified in this 
     paragraph for such product with respect to such period is the 
     sum determined under subparagraph (A), except that clause 
     (ii) of such subparagraph shall be applied by substituting `8 
     percent' for `6 percent'.
       ``(ii) Applicable 5-year period.--For purposes of clause 
     (i), the applicable 5-year period for a qualifying biosimilar 
     biological product is--

       ``(I) in the case of such a product for which payment was 
     made under this paragraph as of March 31, 2022, the 5-year 
     period beginning on April 1, 2022; and

[[Page H6576]]

       ``(II) in the case of such a product for which payment is 
     first made under this paragraph during a calendar quarter 
     during the period beginning April 1, 2022, and ending March 
     31, 2027, the 5-year period beginning on the first day of 
     such calendar quarter during which such payment is first 
     made.

       ``(iii) Qualifying biosimilar biological product defined.--
     For purposes of this subparagraph, the term `qualifying 
     biosimilar biological product' means a biosimilar biological 
     product described in paragraph (1)(C) with respect to which--

       ``(I) in the case of a product described in clause (ii)(I), 
     the average sales price under paragraph (8)(A)(i) for a 
     calendar quarter during the 5-year period described in such 
     clause is not more than the average sales price under 
     paragraph (4)(A) for such quarter for the reference 
     biological product; and
       ``(II) in the case of a product described in clause 
     (ii)(II), the average sales price under paragraph (8)(A)(i) 
     for a calendar quarter during the 5-year period described in 
     such clause is not more than the average sales price under 
     paragraph (4)(A) for such quarter for the reference 
     biological product.''.

     SEC. 139405. IMPROVING ACCESS TO ADULT VACCINES UNDER 
                   MEDICAID AND CHIP.

       (a) Medicaid.--
       (1) Requiring coverage of adult vaccinations.--
       (A) In general.--Section 1902(a)(10)(A) of the Social 
     Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended in the 
     matter preceding clause (i) by inserting ``(13)(B),'' after 
     ``(5),''.
       (B) Medically needy.-- Section 1902(a)(10)(C)(iv) of such 
     Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by inserting 
     ``, (13)(B),'' after ``(5)''.
       (2) No cost sharing for vaccinations.--
       (A) General cost-sharing limitations.--Section 1916 of the 
     Social Security Act (42 U.S.C. 1396o) is amended--
       (i) in subsection (a)(2)--

       (I) in subparagraph (G), by inserting a comma after ``State 
     plan'';
       (II) in subparagraph (H), by striking ``; or'' and 
     inserting a comma;
       (III) in subparagraph (I), by striking ``; and'' and 
     inserting ``, or''; and
       (IV) by adding at the end the following new subparagraph:

       ``(J) vaccines described in section 1905(a)(13)(B) and the 
     administration of such vaccines; and''; and
       (ii) in subsection (b)(2)--

       (I) in subparagraph (G), by inserting a comma after ``State 
     plan'';
       (II) in subparagraph (H), by striking ``; or'' and 
     inserting a comma;
       (III) in subparagraph (I), by striking ``; and'' and 
     inserting ``, or''; and
       (IV) by adding at the end the following new subparagraph:

       ``(J) vaccines described in section 1905(a)(13)(B) and the 
     administration of such vaccines; and''.
       (B) Application to alternative cost sharing.--Section 
     1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-
     1(b)(3)(B)) is amended by adding at the end the following new 
     clause:
       ``(xiv) Vaccines described in section 1905(a)(13)(B) and 
     the administration of such vaccines.''.
       (3) Increased fmap for adult vaccines.--Section 1905(b) of 
     the Social Security Act (42 U.S.C. 1396d(b)) is amended--
       (A) by striking ``and (5)'' and inserting ``(5)'';
       (B) by striking ``services and vaccines described in 
     subparagraphs (A) and (B) of subsection (a)(13), and 
     prohibits cost-sharing for such services and vaccines'' and 
     inserting ``services described in subsection (a)(13)(A), and 
     prohibits cost-sharing for such services'';
       (C) by striking ``medical assistance for such services and 
     vaccines'' and inserting ``medical assistance for such 
     services''; and
       (D) by inserting ``, and (6) during the first 8 fiscal 
     quarters beginning on or after the effective date of this 
     clause, in the case of a State which, as of the date of 
     enactment of the Act titled `An Act to provide for 
     reconciliation pursuant to title II of S. Con. Res. 14', 
     provides medical assistance for vaccines described in 
     subsection (a)(13)(B) and their administration and prohibits 
     cost-sharing for such vaccines, the Federal medical 
     assistance percentage, as determined under this subsection 
     and subsection (y), shall be increased by 1 percentage point 
     with respect to medical assistance for such vaccines'' before 
     the first period.
       (b) CHIP.--
       (1) Requiring coverage of adult vaccinations.--Section 
     2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is 
     amended by adding at the end the following paragraph:
       ``(12) Required coverage of approved, recommended adult 
     vaccines and their administration.--Regardless of the type of 
     coverage elected by a State under subsection (a), if the 
     State child health plan or a waiver of such plan provides 
     child health assistance or pregnancy-related assistance (as 
     defined in section 2112) to an individual who is 19 years of 
     age or older, such assistance shall include coverage of 
     vaccines described in section 1905(a)(13)(B) and their 
     administration.''.
       (2) No cost-sharing for vaccinations.--Section 2103(e)(2) 
     of such Act (42 U.S.C. 1397cc(e)(2)) is amended by inserting 
     ``vaccines described in subsection (c)(12) (and the 
     administration of such vaccines),'' after ``in vitro 
     diagnostic products described in subsection (c)(10) (and 
     administration of such products),''.
       (c) Effective Date.--The amendments made by this section 
     take effect on the 1st day of the 1st fiscal quarter that 
     begins on or after the date that is 1 year after the date of 
     enactment of this Act and shall apply to expenditures made 
     under a State plan or waiver of such plan under title XIX of 
     the Social Security Act (42 U.S.C. 1396 through 1396w-6) or 
     under a State child health plan or waiver of such plan under 
     title XXI of such Act (42 U.S.C. 1397aa through 1397mm) on or 
     after such effective date.

      Subtitle J--Supplemental Security Income for the Territories

     SECTION 131001. EXTENSION OF THE SUPPLEMENTAL SECURITY INCOME 
                   PROGRAM TO PUERTO RICO, THE UNITED STATES 
                   VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA.

       (a) In General.--Section 303 of the Social Security 
     Amendments of 1972 (86 Stat. 1484) is amended by striking 
     subsection (b).
       (b) Conforming Amendments.--
       (1) Definition of state.--Section 1101(a)(1) of the Social 
     Security Act (42 U.S.C. 1301(a)(1)) is amended by striking 
     the 5th sentence and inserting the following: ``Such term 
     when used in title XVI includes Puerto Rico, the United 
     States Virgin Islands, Guam, and American Samoa.''.
       (2) Exemption of ssi payments from limit on total payments 
     to the territories.--Section 1108(a)(1) of such Act (42 
     U.S.C. 1308(a)(1)) is amended by striking ``under titles I, 
     X, XIV, and XVI''.
       (3) United states nationals treated the same as citizens.--
     Section 1614(a)(1)(B) of such Act (42 U.S.C. 1382c(a)(1)(B)) 
     is amended--
       (A) in clause (i)(I), by inserting ``or national of the 
     United States,'' after ``citizen'';
       (B) in clause (i)(II), by adding ``; or'' at the end; and
       (C) in clause (ii), by inserting ``or national'' after 
     ``citizen''.
       (4) Territories included in geographic meaning of united 
     states.--Section 1614(e) of such Act (42 U.S.C. 1382c(e)) is 
     amended by striking ``and the District of Columbia'' and 
     inserting ``, the District of Columbia, Puerto Rico, the 
     United States Virgin Islands, Guam, and American Samoa''.
       (c) Waiver Authority.--The Commissioner of Social Security 
     may waive or modify any statutory requirement relating to the 
     provision of benefits under the Supplemental Security Income 
     Program under title XVI of the Social Security Act in Puerto 
     Rico, the United States Virgin Islands, Guam, or American 
     Samoa, to the extent that the Commissioner deems it necessary 
     in order to adapt the program to the needs of the territory 
     involved.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on January 1, 2024.

  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
2 hours equally divided among and controlled by the chair and ranking 
minority member of the Committee on the Budget or their respective 
designees and the chair and ranking minority member of the Committee on 
Ways and Means or their respective designees.
  The gentleman from Kentucky (Mr. Yarmuth), the gentleman from 
Missouri (Mr. Smith), the gentleman from Massachusetts (Mr. Neal), and 
the gentleman from Texas (Mr. Brady) each will control 30 minutes.
  The Chair recognizes the gentleman from Kentucky (Mr. Yarmuth).


                             General Leave

  Mr. YARMUTH. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and insert extraneous material into the Record on H.R. 5376.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.
  Mr. YARMUTH. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, the bill before us today marks a triumph for our 
Nation. After months of negotiations within our Caucus and our 
committees, with our colleagues in the Senate, and with the White 
House, I am proud to present the most consequential legislation for 
American families since the New Deal.
  The Build Back Better Act makes historic investments over 10 years to 
overhaul and reimagine entire sectors of our economy and society so 
that everyone, not just those at the top, will benefit from a growing 
economy.
  This bill delivers the most transformative investment in children and 
caregiving in generations, the largest effort to combat climate change 
in American history, the biggest expansion of affordable health 
coverage in a decade, the most significant effort to bring down costs 
and strengthen the middle class in generations, investments and key 
reforms to make our tax system more equitable, and more.
  To be clear, if we were only making the largest investment in 
childcare in the history of the Nation, saving most American families 
more than half of their spending on childcare, that would be a major 
victory for the American people.
  If we were only guaranteeing universal preschool for all 3- and 4-
year-olds, the first expansion of basic public education in our country 
in 100 years, that would be a major victory for the American people.

[[Page H6577]]

  If we were only making our Nation's largest investment ever to combat 
the climate crisis, that would be a major victory for the American 
people.
  If we were only capping out-of-pocket prescription drug costs under 
Medicare at $2,000, saving more than a million seniors an average of 
$1,200 a year, that would be a major victory for the American people.
  If we were only expanding the Affordable Care Act so that those who 
have been locked out of Medicaid can get good coverage and then 
requiring all insurance companies to provide insulin for no more than 
$35 a month, that would be a major victory for the American people.
  If we were only making the single largest and most comprehensive 
investment in affordable housing in U.S. history, that would be a major 
victory for the American people.
  If we were only providing one of the largest middle-class tax cuts in 
our Nation's history, that would be a major victory for the American 
people.
  But in this bill, the Build Back Better Act, we don't just do one of 
these. We do all of them. Each of these investments on its own will 
make an extraordinary impact on the lives of American families. 
Together, they will be transformative.
  Here is the kicker. Because our tax system has been so unjust, so 
tilted to benefit the well-off and the well-connected, we can pay for 
all this by simply making our tax code more fair.
  It is a hell of a deal. It is why Nobel Prize-winning economists and 
other experts backed this paid-for and progrowth agenda, citing how it 
will make our tax system more equitable, ease longer term inflationary 
pressures, and help American families build a much stronger future.
  That is what governing should be about. It is not a game. We aren't 
elected to make a scene. We are elected to make a difference and to 
make the lives of the people we serve better.
  Enacting this legislation will be a momentous achievement for 
Congress. More importantly, it will change lives. It will save lives. 
It will deliver on the promise of the American Dream for generations to 
come.
  Madam Speaker, I reserve the balance of my time.
  Mr. SMITH of Missouri. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, this is an absolute disgrace. It is beyond belief how 
terrible this moment is. It is embarrassing to the people of the United 
States what is going on.
  We have seen three versions of this bill written behind closed doors 
in Speaker Pelosi's office. As we stand here this second--as we stand 
here, Madam Speaker, this second--they are rewriting a fourth version 
of the bill in Speaker Pelosi's office.
  We will be recessing shortly, sometime during this debate, so the 
Rules Committee can present a fourth version of a 2,000-page bill. Once 
again, in this House, Speaker Pelosi is trying to pass a bill before 
anyone knows what is in it, so then the American people can read it 
after it has been passed.
  Let me tell you, Madam Speaker, I will tell you what is in the 
version of the bill right now. It is the worst piece of legislation 
that I have seen in my entire life of public service. It is 
transformational. It will completely change America as we know it, all 
at the expense of working-class families.
  They call it the Build Back Better bill. Let me tell you what those 
three b's stand for: bankrupts the economy; benefits the wealthy; and 
builds the Washington machine.

  We are standing here because this is a budget bill. It originated in 
the Budget Committee. Speaker Pelosi said that a budget is a statement 
of your values. Well, let's see the Democratic Party's values by what 
is in their bill.
  Of this 2,100-page bill, it bankrupts the economy. They will try to 
tell you that the bill is less than $2 trillion. They will try to tell 
you that a $4.5 trillion spending bill will cost zero. Well, the 
American people are not stupid. You don't spend $4.5 trillion and it 
costs zero. That is one of their talking points.
  Even Senator Manchin, a Democrat Senator from West Virginia, says 
that this bill creates shell games.
  We know there are all kinds of budget gimmicks to try to make it look 
like it only spends $1.5 trillion. In fact, it spends $4.5 trillion. 
Even The New York Times agrees that it spends a whole lot more money 
than what the Democrats are saying.
  It is also not only the largest spending bill in the history of this 
United States; it is the largest tax increase in the history of the 
United States. It increases taxes on working-class families of all 
income levels, all at a time when we are facing record inflation.
  Since Joe Biden has taken office, inflation is over 7 percent. In my 
home State, inflation is over 8 percent.
  Madam Speaker, the folks on the other side of the aisle will say that 
inflation is just a high-class problem. They will say that it is only 
transitory. But I can tell you, the people of Missouri and the people 
across this country care about those increasing prices in the 
supermarket, not the prices in the stock market.
  This bill only punishes Main Street while rewarding Wall Street, and 
you should be ashamed of what is going on in this bill, Madam Speaker. 
This bill benefits the wealthy beyond belief.
  The Democrats always say that they are the party of the working 
class. Well, in fact, the 10 most wealthy congressional districts in 
this body are all held by liberal Democrats. In fact, Wall Street spent 
more than $70 million to defeat Donald Trump and to elect Joe Biden. 
Why are they doing this bill? They are doing this bill to reward their 
political friends, their constituents, their allies, their donors.
  The second largest program in this bill is a tax cut for 
millionaires, $250 billion for a tax cut for millionaires. A 
millionaire family will get $25,900 in a tax break in this bill, but a 
middle-class family will get $20.

                              {time}  1030

  They are just rewarding their friends.
  But, Madam Speaker, do you know what?
  Those millionaires also get $12,500 to buy luxury electric cars.
  Guess what, Madam Speaker?
  Those millionaires also get government taxpayer-paid family leave. 
The list goes on and on about the benefits to the wealthy. This body 
should be ashamed of what is about to happen.
  The third B, it builds the Washington bureaucracy. This bill creates 
more than 150 new Federal programs.
  It is all about control. This bill is about controlling every aspect 
of Americans' lives whether it is their paychecks, whether it is their 
healthcare decisions, or whether it is their kids' education. I would 
think that the Democrats, after seeing what happened a few weeks ago in 
Virginia, New Jersey, and all across this country, would know that the 
American people are fed up with government control. In fact, over the 
weekend, a poll said 60 percent of Americans believe that Joe Biden and 
the Democrats are expanding government control beyond belief.
  If we want to protect working-class families, if we want to protect 
our freedoms, and if we want to save America, we have to kill this 
bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. YARMUTH. Madam Speaker, it must be easy to be a Republican in 
Congress these days because you can make things up. You can throw out 
numbers without any fear of being contradicted. But we will have, 
probably by the end of the day, a CBO score from the Congressional 
Budget Office which will undercut virtually every argument that the 
gentleman from Missouri made.
  Madam Speaker, I yield 1 minute to the gentleman from Virginia (Mr. 
Scott), who is the distinguished chairman of the Education and Labor 
Committee and also a member of the Budget Committee.
  Mr. SCOTT of Virginia. Madam Speaker, the Build Back Better Act 
addresses urgent challenges that workers, families, and businesses face 
every day. With provisions just within the jurisdiction of the 
Education and Labor Committee, the bill makes childcare affordable and 
secures universal preschool for 3- and 4-year-olds lowering the costs 
of working families and boosting our economy by helping parents reenter 
the workforce. It also allows 9 million more children to receive 
healthy school meals.
  It lowers the cost of prescription drugs, and it lowers the cost of 
higher education. Through investments of

[[Page H6578]]

high-quality job training programs, it gives workers more opportunities 
and enhances the skills of our workforce.
  Madam Speaker, the Build Back Better Act is a historic proposal that 
will lower costs for nearly every American family, creates good-paying 
jobs, and sets a strong foundation for the future of this country--and 
it is paid for.
  Madam Speaker, I encourage all of our colleagues to support the bill.
  Mr. SMITH of Missouri. Madam Speaker, I yield 1\1/2\ minutes to the 
good gentleman from California (Mr. McClintock).
  Mr. McCLINTOCK. Madam Speaker, the latest estimate for the Democrats' 
build back broke bill is $4.9 trillion. That averages about $40,000 per 
family over the next decade.
  They say it is paid for. Well, by whom?
  By you, of course, through direct taxes, tax-driven price increases, 
and worst of all, inflation.
  And what do you get?
  Well, amnesty for 7 million illegal aliens. That is the entire 
population of Alaska, Wyoming, Vermont, Rhode Island, Delaware, North 
Dakota, South Dakota, and Montana combined.
  Now, explain to me how working Americans are helped by flooding the 
market with low-wage foreign labor.
  The trillions of dollars of excess spending by the Democrats has 
already driven the inflation rate to 6.2 percent and rising. Madam 
Speaker, that means if you earn $50,000 a year, the Democrats just took 
$3,100 of that. If you have managed to put $100,000 towards your 
retirement, the Democrats just took $6,200 of that.
  Policy matters. When Republicans reduced the tax and regulatory 
burdens, we delivered the lowest unemployment rate in 50 years, the 
lowest poverty rate in 60 years, and the fastest wage growth in 40 
years. The Democrats have reversed these policies and reproduced the 
misery that we are suffering today.
  The American people know that we are on the wrong track and that this 
bill sends us deeper into that cold and bleak winter.
  Build back better?
  How about put things back the way they were before you broke them, 
Madam Speaker.
  Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentleman from 
California (Mr. Aguilar), who is the vice chair of the Democratic 
Caucus.
  Mr. AGUILAR. Madam Speaker, I thank the chairman for yielding time.
  Sometimes what happens in Congress is complicated. It is wrapped in 
parliamentary procedure and language that is hard to understand.
  So let's be very clear about the legislation that we are discussing 
today. The Build Back Better Act is a tax cut for working families. It 
is an extension of the child tax credit and preschool access to help 
parents get back to work. It is the largest ever initiative to fight 
climate change. It is a tool to give every American a chance to 
succeed.
  Passing this bill will lift children out of poverty, expand our 
middle class, and make healthcare more affordable. It is simple.
  Madam Speaker, we need to pass this bill because the American people 
deserve this investment.
  Mr. SMITH of Missouri. Madam Speaker, I yield 1 minute to the 
gentleman from Iowa (Mr. Feenstra).
  Mr. FEENSTRA. Madam Speaker, I thank Ranking Member Smith for 
yielding.
  Madam Speaker, I rise today in strong opposition to this reckless 
social spending bill. It is simply wrong that, rather than funding 
mandatory programs like Social Security and Medicare--which are on the 
verge of insolvency over the next 10 years--Democrats instead are 
adding 150 new programs to this bill. Think about that, seniors. Your 
money that is coming to you every day is on the verge of bankruptcy, 
and yet the Democrats are adding another 150 programs.

  Academic economists all over our country are saying that this bill is 
a complete disaster for all Americans because it will dramatically 
increase taxes. The Penn Wharton Budget Model estimates that the new 
programs will dramatically increase the debt by $4 trillion every year. 
Families and businesses can't continue to go down this path of 
continuing to see increases in our gas, our groceries, and our hardware 
supplies all because of this reckless spending that continues to happen 
by the Democrats.
  Mr. YARMUTH. Madam Speaker, I yield 2 minutes to the gentleman from 
New York (Mr. Jeffries), who is the Democratic Caucus chairman and a 
distinguished member of the Budget Committee.
  Mr. JEFFRIES. Madam Speaker, I thank the distinguished chair of the 
Budget Committee for his leadership.
  Madam Speaker, there is a big difference between Democrats and 
Republicans. We fight for the people; they fight for the privileged 
few. We will pass the Build Back Better Act. They passed the GOP tax 
scam where 83 percent of the benefits went to the wealthiest 1 percent 
so they could subsidize the lifestyles of the rich and shameless. There 
is a big difference between Democrats and Republicans.
  The Build Back Better Act will invest in the creation of millions of 
good-paying jobs and cut taxes for working families. It will lower 
childcare costs, housing costs, and education costs; and it will drive 
down the high cost of lifesaving prescription drugs.
  The Build Back Better Act will invest in a green economy--a 
sustainable economy and a resilient economy--and lower energy costs for 
everyday Americans.
  The Build Back Better Act will create an economy that works for every 
single American creating opportunity and prosperity in every single ZIP 
Code.
  Madam Speaker, I thank President Biden for his extraordinary 
leadership. Democrats don't talk about it; we are about it. And because 
we are going to build back better for the people here in America, the 
best is yet to come.
  Mr. SMITH of Missouri. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I would like to read a quote of a Senator who happens 
to be the budget chair on the other side of the aisle. He is quoted, 
``You can't be a political party that talks about demanding the wealthy 
pay their fair share of taxes and then end up with a bill that gives 
large tax breaks to many millionaires.
  ``You can't do that. The hypocrisy is too strong. It's bad policy, 
it's bad politics.''
  Madam Speaker, I agree with Senator Bernie Sanders. In this bill the 
hypocrisy is way too strong.
  Madam Speaker, I yield 1 minute to the great gentleman from North 
Carolina (Mr. Rouzer).
  Mr. ROUZER. Madam Speaker, I thank my friend for yielding.
  Madam Speaker, the 2,000-plus-page bill before us today has countless 
provisions that are going to substantially increase the debt, 
incentivize even more people not to work, and hike the taxes of the 
very ones who create the jobs.
  It levies more than $400 billion in tax hikes on small businesses, 
and it includes a $1.2 trillion Made in America tax plan that is going 
to do nothing but send jobs overseas. It spends nearly $80 billion so 
the IRS can go after the average taxpayer and snoop around his bank 
account. It eliminates work requirements for welfare when, in fact, we 
have 10.4 million jobs available.
  It prevents lifesaving drugs from coming to market and 
disincentivizes the innovation necessary to discover cures. It hinders 
domestic energy production and even imposes a tax on natural gas.
  Should this monstrosity become law, it will hurt the economy, drive 
up the debt, and increase inflation even more--all of which means the 
standard of living of each and every American is going to decline.
  Mr. YARMUTH. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, virtually every Republican who comes to the microphone 
today will say that this is an inflationary bill. We know that. They 
have said that time after time after time.
  Unfortunately, the experts disagree with them. Seventeen Nobel 
economists have written a letter stating that they believe this, over 
the long term, will ease inflationary pressures.
  Former Treasury Secretary Larry Summers, who is as much of an 
inflation hawk as there is in this country, I think, said just last 
week, ``I'm for Build Back Better. I'm for it because of what it'll do 
for the environment. I'm for it because of what it'll do for the 
society.

[[Page H6579]]

  ``I don't think it's going to have a meaningful impact on inflation. 
It spends less money over 10 years than we spent just last year. Its 
spending is largely offset by tax increases. And it includes measures 
that will actually increase supply.''
  This is from the former Secretary of the Treasury, Larry Summers.
  Madam Speaker, I yield 1 minute to the gentleman from Michigan (Mr. 
Kildee), who is a distinguished member of the Budget Committee.
  Mr. KILDEE. Madam Speaker, I thank the chairman for yielding and for 
his work on this important piece of legislation.
  With the Build Back Better budget, we help lower costs for the 
working families that I represent. We lower healthcare costs by 
allowing Medicare to negotiate the price of drugs like insulin, 
lowering out-of-pocket costs for those families back home that I 
represent.
  It will lower childcare costs by ensuring universal preschool for all 
3- and 4-year-olds and expanding the child tax credit, which is a 
monthly tax cut helping working families with children pay for 
groceries and school supplies and take care of their monthly mortgage 
payments.

  This Build Back Better budget isn't free. It is fully paid for. It is 
paid for by making corporations and the wealthiest Americans finally 
step up and begin to pay their fair share.
  Today, Democrats are delivering on this important legislation to cut 
taxes and to lower costs for working Americans and for those middle-
class families that I represent.
  Mr. SMITH of Missouri. Madam Speaker, only in this Chamber will you 
hear people say that if you spend trillions more dollars it will only 
make inflation go down. The American people aren't that stupid.
  Madam Speaker, I yield 1 minute to the fine gentleman from New York 
(Mr. Garbarino).
  Mr. GARBARINO. Madam Speaker, I thank my friend for yielding.
  Madam Speaker, I rise in strong opposition to this so-called 
reconciliation bill. This Build Back Better bill is nothing more than a 
sham to push far radical progressive policies on America, policies that 
America doesn't want and doesn't need. This will be the largest 
spending bill in our Nation's history, the largest tax increase in our 
Nation's history, and it is going to fall on the backs of middle-income 
and low-income families.
  And for what, Madam Speaker?
  A massive government takeover with 150 new programs when we can't 
even work the programs we have now well. It would grant amnesty to 7 
million illegal immigrants and put billions into the Green New Deal.
  How do they plan to pay for it, Madam Speaker?
  By weaponizing the IRS to go after small businesses and families. But 
that won't be enough because of the price tag of this bill.
  It will explode our national debt and my grandchildren will have to 
pay for this.
  This socialist spending spree is a bad bill. It is bad for Long 
Island; it is bad for the Nation. I urge all of my colleagues to vote 
against it.

                              {time}  1045

  Mr. YARMUTH. Madam Speaker, I yield myself such time as I may 
consume.
  That is another thing we are going to hear continuously throughout 
the day, and that is that these are socialist programs; just as we 
heard last week that building infrastructure in this country was a 
socialist activity. And now childcare is socialist. Public education is 
socialist. Caring for our seniors is socialist. Dealing with climate 
change is socialist.
  I would like to get a definition from my Republican colleagues about 
what socialism is because the American people see this very 
differently; and virtually every poll on this piece of legislation has 
shown overwhelming support for each the elements that we are proposing.
  Madam Speaker, I am proud to yield 1\1/2\ minutes to the gentlewoman 
from Texas (Ms. Jackson Lee), a distinguished member of the Budget 
Committee.
  Ms. JACKSON LEE. Madam Speaker, I thank the chairman for his great 
leadership.
  This bill is about people; people who are working, people who need 
help. It is about people; the American people.
  I am very happy that this bill really focuses on the needs of people 
in Texas. In Texas, people are paying $9,428 for a toddler, but we are 
now going to provide them with childcare for 3- and 4-year olds, and 
free childcare. We are going to provide it for 2 million-plus children 
in the State of Texas. We are, in essence, going to make sure that 
these children are learning.
  You want to ask about inflation? That is corporate greed. Everyone 
knows when corporations raise the price of goods, there is inflation. 
But economists know that that is not going to exist because we are 
putting money in the pockets of working men and women, giving them a 
child tax cut.
  We are also providing students to be able to go to community college, 
HBCUs, 4-year colleges with $550 in Pell Grants. That is what this bill 
is about, helping people; helping people with their childcare, helping 
people go to school.
  It is also about making sure that the hungry children in Texas are 
able to eat. 1,642,000 students will be able to receive food. That is 
what this is about; putting money where people are having the need.
  And yes, making sure that uninsured people, 766,000 in Texas without 
any insurance, suffering through the pandemic, now have insurance.
  And we know that there has been an increase in violence; $2.5 billion 
in preventing violence.
  This is about people; people who will have housing. It is about 
people. Vote for the Build Back Better Act. I thank President Biden.
  Madam Speaker, as a senior member of the Committees on the Judiciary, 
on Homeland Security, and on the Budget, I rise in strong support of 
the Build Back Better Act (RCP 117-18, H.R. 5376), and am proud to have 
this opportunity to explain why this $1.75 billion package, conceived 
and advanced by President Biden and House Democrats, makes visionary 
and transformative investments to change for the better the health, 
well-being, and financial security of America's workers and families.
  Today we are completing the job we began with the passage of the 
Bipartisan Infrastructure Framework, which I witnessed President Biden 
sign on the South Lawn of the White House.
  To put it all in perspective, Madam Speaker, we have before us a once 
in a century opportunity to make gigantic progress in making ours a 
more perfect union, and to do it in a single bound with enactment of 
the Build Back Better Act, the most transformative legislation passed 
by this Congress since the Great Society and the New Deal.
  I would urge my Republican colleagues to heed the words of Republican 
Governor Jim Justice of West Virginia who said colorfully earlier this 
year:
  ``At this point in time in this nation, we need to go big. We need to 
quit counting the egg-sucking legs on the cows and count the cows and 
just move. And move forward and move right now.''
  The same sentiment was expressed more eloquently by Abraham Lincoln 
in 1862 when he memorably wrote:
  ``The dogmas of the quiet past are inadequate to the stormy present. 
The occasion is piled high with difficulty, and we must rise with the 
occasion. As our case is new, so we must think anew and act anew. We 
must disenthrall ourselves, and then we shall save our country.''
  Madam Speaker, I am especially excited to support this bill because 
it directly impacts the members of my community and will improve the 
lives of Texans everywhere.
  The Build Back Better Act will bring down costs that have held back 
families in Texas for decades by cutting taxes and making child care, 
home care, education, health care, and housing more affordable.
  These investments will provide new learning opportunities for 
children, help parents, and especially working parents, make ends meet, 
and position the economy for stronger growth for years to come.
  The Build Back Better Act will create good-paying jobs for residents 
of Texas, combating climate change, giving our kids cleaner air and 
water, and making America the leader in global innovation and 21st 
century manufacturing.
  Specifically, Madam Speaker, the Build Back Better Act delivers the 
largest investment in child care and early education in history by 
providing access to affordable child care.
  Child care is a major strain for families in Texas, where the average 
annual cost of a child care center for a toddler is $9,428, meaning 
that a Texas family with two young children would on average spend 21 
percent of their income on child care for one year.
  The lack of affordable options also makes it difficult for parents, 
and especially mothers, to

[[Page H6580]]

remain in their jobs, contributing to the 26.1 percent gender gap in 
workforce participation between mothers and fathers in Texas.
  The Build Back Better Act will enable Texas to provide access to 
child care for 2,011,503 young children (ages 0-5) per year from 
families earning under 2.5 times the Texas median income (about 
$205,204 for a family of 4), and ensure these families pay no more than 
7 percent of their income on high-quality child care.
  The Build Back Better Act will provide universal, high-quality, free 
preschool for every 3- and 4-year old in America.
  In contrast, today, only 24 percent of the 775,102 3- and 4-year-olds 
in Texas have access to publicly-funded preschool, and it costs about 
$8,600 per year for those who cannot access a publicly-funded program.
  The Build Back Better Act will enable Texas to expand access to free, 
high-quality preschool to more than 588,286 additional 3- and 4-year-
olds per year and increase the quality of preschool for children who 
are already enrolled.
  Parents will be able to send their children to the preschool setting 
of their choice--from public schools to child care providers to Head 
Start--leading to lifelong educational benefits, allowing more parents 
to go back to work, and building a stronger foundation for Texas's 
future economic competitiveness.
  The Build Back Better Act cuts taxes and reduces some of the largest 
expenses for workers and families, like education, health care, and 
housing.
  Madam Speaker, the average cost of a 2-year degree in Texas is $2,885 
per year, and $11,096 per year for a 4-year degree, straining many 
student budgets.
  To help unlock the opportunities of an education beyond high school, 
the Build Back Better Act will increase maximum Pell Grant awards by 
$550 for students at public and private non-profit institutions, 
supporting the 486,377 students in Texas who rely on Pell grants.
  The Build Back Better Act will also invest in Texas's 112 minority-
serving institutions and the students they serve, including 
Historically Black Colleges and Universities (HBCUs), Tribal Colleges 
and Universities (TCUs), and Hispanic-serving institutions (HSIs).
  Madam Speaker, of the world's biggest economies, the United States is 
second to last in investing in workforce development, and funding for 
federal job training programs has dropped by almost half since 2001.
  The Build Back Better Act invests in training programs that will 
prepare Texas's workers for high-quality jobs in fast-growing sectors 
like public health, child care, manufacturing, IT, and clean energy. 
Fifty-nine public community colleges in Texas will have the opportunity 
to benefit from grants to develop and deliver innovative training 
programs and expand proven ones.
  Madam Speaker, 18 percent of children in Texas live in food insecure 
households, harming their long-term health and ability to succeed in 
school.
  The Build Back Better Act will ensure that the nutritional needs of 
Texas's children are met by expanding access to free school meals to an 
additional 1,642,000 students during the school year and providing 
3,631,226 students with resources to purchase food over the summer.
  When it comes to housing costs, more than 1.7 million renters in 
Texas are rent burdened, meaning they spend more than 30 percent of 
their income on rent, while homeownership remains out of reach for many 
families.
  The Build Back Better Act expands rental assistance for Texas 
renters, while also increasing the supply of high-quality housing 
through the construction and rehabilitation of over 1 million 
affordable housing units nationwide.
  The Build Back Better Act addresses the capital needs of the entire 
public housing stock in America, and it includes one of the largest 
investments in down payment assistance in history, enabling more first-
generation homebuyers to purchase their first home.
  Madam Speaker, access to affordable quality health care should be a 
right, not a privilege, and residents of Texas facing illness should 
never have to worry about how they are going to pay for treatment.
  The Build Back Better Act will close the Medicaid coverage gap to 
help millions of Americans gain health insurance, extend through 2025 
the American Rescue Plan's health insurance premium reductions for 
those who buy coverage on their own, and help older Americans access 
affordable hearing care by expanding Medicare.
  In Texas, that means 1,554,000 uninsured people will gain coverage, 
including the 771,000 who fell into the Medicaid coverage gap, and 
1,066,400 will on average save hundreds of dollars per year.
  In addition, the Build Back Better Act will support maternal health 
and invest in national preparedness for future pandemics.
  Finally, the Build Back Better Act will expand access to home- and 
community-based care to more of Texas's senior citizens and disabled 
citizens and improve the quality and wages of caregiving jobs.
  Madam Speaker, the federal budget is an expression of the nation's 
values and the investments made to Build America Back Better are a 
clear declaration of congressional Democrats' commitment to ensuring 
that our government, our economy, and our systems work For The People.
  These long-overdue investments in America's future will be felt in 
every corner of the country and across every sector of American life, 
building on the success of the American Rescue Plan, accommodating 
historic infrastructure investments in the legislative pipeline, and 
addressing longstanding deficits in our communities by ending an era of 
chronic underinvestment so we can emerge from our current crises a 
stronger, more equitable nation.
  Madam Speaker, the bipartisan action we took in February 2021 when we 
passed the American Rescue Plan was a giant step in the right 
direction, but it was a targeted response to the immediate and urgent 
public health and economic crises; it was not a long-term solution to 
many of the pressing challenges facing our nation that have built up 
over decades of disinvestment in our nation and its people in every 
region and sector of the country.
  We simply can no longer afford the costs of neglect and inaction; the 
time to act is now.
  The Build Back Better Act makes the transformative investments that 
we need to continue growing our economy, lower costs for working 
families, and position the United States as a global leader in 
innovation and the jobs of the future.
  This $1.75 trillion gross investment will build on the successes of 
the American Rescue Plan and set our nation on a path of fiscal 
responsibility and broadly shared prosperity for generations to come.
  The Build Back Better Act will provide resources to improve our 
education, health, and child care systems, invest in clean energy and 
sustainability, address the housing crisis, and more; all while setting 
America up to compete and win in the decades ahead.
  The Build Back Better Act is paid for by ensuring that the wealthy 
and big corporations are paying their fair share and Americans making 
less than $400,000 a year will not see their taxes increase by a penny.
  Let me repeat that: No American making less than $400,000 a year will 
not see their taxes increase by a penny.
  In sum, Madam Speaker, the investments made by the Build Back Better 
Act will expand opportunity for all and build an economy powered by 
shared prosperity and inclusive growth, and I would like to go into a 
little more detail about the specific ways this bill will help the 
people of Texas.
  Contrary to what my friends on the other side of the aisle will say, 
the Build Back Better Act will cut taxes for Texas families and 
workers, not increase them.
  Prior to the pandemic, 15 percent of children under the age of 18 in 
Texas lived in poverty.
  The Build Back Better Act will bolster financial security and spur 
economic growth in Texas by reducing taxes on the middle class and 
those striving to break into it.
  Specifically, the Build Back Better Act extends Child Tax Credit 
(CTC) increases of $300/month per child under 6 or $250/month per child 
ages 6 to 17, which will continue the largest one-year reduction in 
child poverty in history.
  And critically, the agreement includes permanent refundability for 
the Child Tax Credit, meaning that the neediest families will continue 
to receive the full Child Tax Credit over the long-run.
  The Build Back Better Act will also provide a tax cut of up to $1,500 
in tax cuts for more than 1.5 million low-wage workers in Texas by 
extending the American Rescue Plan's Earned Income Tax Credit (EITC) 
expansion.
  The Build Back Better Act will address the existential threat Texans 
face due to climate change by making the largest investment into our 
country's green future in American history.
  From 2010 to 2020, Texas experienced 67 extreme weather events, 
costing up to $200 billion in damages.
  The Build Back Better Act will set the United States on course to 
meet its climate targets--a 50-52 percent reduction in greenhouse gas 
emissions below 2005 levels by 2030--in a way that creates good-paying 
union jobs, grows domestic industries, and advances environmental 
justice.
  The Build Back Better Act represents the largest ever single 
investment in a clean energy economy--across buildings, transportation, 
industry, electricity, agriculture, and climate smart practices in our 
lands and waters.
  And the Build Back Better Act will create a new Civilian Climate 
Corps that will enlist a diverse generation of Texans in conserving our 
public lands, bolstering community resilience, and addressing the 
changing climate, all while putting good-paying union jobs within 
reach.
  In clean energy and in other sectors, the Build Back Better Act will 
also strengthen domestic manufacturing and supply chains for

[[Page H6581]]

critical goods, benefiting American businesses, workers, consumers, and 
communities.
  The Build Back Better Act will deliver meaningful outcomes for Black 
communities and help build an America in which all can thrive.
  Black families are feeling the strain of the high costs of child care 
and are two times more likely than white parents to have to quit, turn 
down, or make a major change in their job due to child care 
disruptions.
  Only 26.8 percent of Black 3- and 4-year old children are enrolled in 
publicly-funded preschool, while the average cost of preschool for 
those without access to publicly-funded programs is $8,600.
  Under the Build Back Better Act, the vast majority of working Black 
families of four earning less than $300,000 will pay no more than 7 
percent of their income on child care for children under 6.
  This will expand access to the 9 out of 10 families with young 
children across the country who are working, looking for work, 
participating in an education or training program, or taking care of a 
serious health condition, and who are making up to 2.5 times their 
state's median income.
  This means most families will cut their child care spending by more 
than half--for example, for two Black parents earning $100,000 per 
year, the Build Back Better Act will produce more than $5,000 in annual 
child care savings.
  The Build Back Better Act also offers access to free preschool for 
all 3- and 4-year old children, providing Black parents access to high 
quality programs in the setting of their choice--from public schools to 
child care providers to Head Start.
  The Build Back Better Act will also reduce the cost of home-based 
care for the hundreds of thousands of older Black adults and Black 
people with disabilities who need it and are unable to access it.
  And investment in home care will raise wages for home care workers, 
28 percent of whom are Black.
  Almost 3.9 million Black people were uninsured in 2019 and even with 
the Affordable Care Act's premium subsidies, coverage under the ACA was 
too expensive for many families, and over 570,000 Black people fell 
into the Medicaid ``coverage gap'' and were locked out of coverage 
because their state refused to expand Medicaid.
  The Build Back Better Act closes the Medicaid coverage gap while I 
also lowering health care costs for those buying coverage through the 
ACA by extending the American Rescue Plan's lower premiums, which could 
save 360,000 Black people an average of $50 per person per month.
  With these changes, more than one in three uninsured Black people 
could gain coverage.
  The Build Back Better Act also adds hearing coverage, including for 
the more than 5.8 million Black people on Medicare.
  And, the Build Back Better Act will make an historic investment in 
maternal health, including for Black women, who die from complications 
related to pregnancy at three times the rate of white women.
  Madam Speaker, about 30 percent of Black renters pay over half their 
income In rent.
  The Build Back Better Act enables the construction, rehabilitation, 
and improvement of more than 1 million affordable homes, boosting 
housing supply and reducing price pressures for renters and homeowners 
and will make investments to improve the safety, energy efficiency, and 
quality of existing public housing, where nearly half of residents are 
Black.
  It also expands the availability of housing choice vouchers to 
hundreds of thousands more families, including the nearly half of 
current voucher holders who are Black.
  The Build Back Better Act will remove lead-based paint from housing 
units, which disproportionately affects Black children and provides 
grants for resident-led community development projects in neighborhoods 
that have faced systemic disinvestment.
  The Build Back Better Act will ensure that the nutritional needs of 
Black children are met by expanding access to free school meals during 
the school year and providing students with resources to purchase food 
over the summer.
  Madam Speaker, about 22.1 percent of Black people fall below the 
poverty line, struggling to pay expenses like food, rent, health care, 
and transportation for their families.
  The Build Back Better Act extends the Child Tax Credit, providing a 
major tax cut to nearly 3 million Black people and cutting the Black 
poverty rate by 34.3 percent, which will help the 85 percent of Black 
women who are either sole or co-breadwinners for their families.
  The Build Back Better Act permanently extends the American Rescue 
Plan's increase to the Earned-Income Tax Credit from $543 to $1,502, 
which will benefit roughly 2.8 million Black low-wage workers, 
including cashiers, cooks, delivery drivers, food preparation workers, 
and child care providers.
  The Build Back Better Act increases the maximum Pell Grant by $550 
per year for students enrolled in public and private, non-profit 
colleges and make an historic investment in Historically Black Colleges 
and Universities (HBCUs), as well as Tribal Colleges and Universities 
(TCUs), and minority-serving institutions (MSIs).
  Through high-quality training programs, career and technical 
education pathways, and Registered Apprenticeships, President Biden's 
Build Back Better Act will invest in training programs that will 
prepare millions of Black workers for high-quality jobs in growing 
sectors.
  The toll of gun violence overwhelmingly falls on Black Americans and 
other people of color.
  For example, Black men make up 6 percent of the population but 
represent more than 50 percent of gun homicide victims.
  That's why the Build Back Better Act provides $2.5 billion to support 
evidence-based community violence intervention programs shown to reduce 
violence.
  These programs are effective because they leverage trusted messengers 
who work directly with individuals most likely to commit gun violence, 
intervene in conflicts, and connect people to social, health and 
wellness, and employment services to reduce the likelihood of violence.
  Madam Speaker, no one is better prepared or more experienced to lead 
the American renaissance that will be produced by the investments made 
by the Build Back Better Act than President Biden, the architect of the 
American Rescue Plan and who as Vice President during the Obama 
Administration oversaw the implementation of the Recovery Act, which 
saved millions of jobs and rescued our economy from the Great Recession 
the nation inherited from a previous Republican administration.
  And let us not forget that President Obama also placed his confidence 
in his vice president to oversee the rescue of the automotive industry, 
which he did so well that the American car industry fully recovered its 
status as the world leader.
  Madam Speaker, let me briefly highlight some of the key investments 
made by the transformative Build Back Better Act that benefit all 
Americans.
  The Build Back Better Act will provide two years of free pre-K and 
two years of free community college to ensure every student has the 
tools, resources, and opportunity to succeed in life.
  It will also invest in our teachers and institutions that serve 
minority students and provide funding to give school buildings long-
overdue infrastructure updates.
  People lead happier, healthier, and more productive lives when they 
have had access to high-quality education and that is why the Build 
Back Better Act makes necessary investments to increase quality 
education by four years for all students at no cost to hard-working 
families.
  The Build Back Better Act expands access to affordable, high quality 
education beyond high school, which is increasingly important for 
economic growth and competitiveness in the 21st century.
  Specifically, the Build Back Better Act will increase the maximum 
Pell Grant by $550 for more the more than 5 million students enrolled 
in public and private, non-profit colleges and expand access to 
DREAMers.
  It will also make historic investments in Historically Black Colleges 
and Universities (HBCUs), Tribal Colleges and Universities (TCUs), and 
minority-serving institutions (MSIs) to build capacity, modernize 
research infrastructure, and provide financial aid to low-income 
students.
  The Build Back Better Act will help more people access quality 
training that leads to good, union, and middle-class jobs and will 
enable community colleges to train hundreds of thousands of students, 
create sector-based training opportunity with in-demand training for at 
least hundreds of thousands of workers, and invest in proven approaches 
like Registered Apprenticeships and programs to support underserved 
communities.
  The Build Back Better Act will increase the Labor Department's annual 
spending on workforce development by 50 percent for each of the next 5 
years.
  The Build Back Better Act expands access to quality, affordable 
health care by strengthening the Medicare, Medicaid, and Affordable 
Care Act (ACA) Marketplace programs that millions of Americans already 
rely on.
  It includes a major new expansion of Medicare benefits, adding a 
hearing benefit to the program for the very first time.
  Only 30 percent of seniors over the age of 70 who could benefit from 
hearing aids have ever used them.
  The Build Back Better Act strengthens the Affordable Care Act and 
reduces premiums for 9 million Americans who buy insurance through the 
Affordable Care Act Marketplace by an average of $600 per person per 
year.
  Just for example, a family of four earning $80,000 per year would 
save nearly $3,000

[[Page H6582]]

per year (or $246 per month) on health insurance premiums and experts 
predict that more than 3 million people who would otherwise be 
uninsured will gain health. insurance.
  The Build Back Better Act closes the Medicaid coverage gap, leading 4 
million uninsured people to gain coverage.
  The Build Back Better Act will deliver health care coverage through 
Affordable Care Act premium tax credits to up to 4 million uninsured 
people in states that have locked them out of Medicaid.
  A 40-year old in the coverage gap would have to pay $450 per month 
for benchmark coverage--more than half of their income in many cases 
but thanks to the Build Back Better Act individuals would pay $0 
premiums, finally making health care affordable and accessible.
  The Build Back Better Act strengthens the ACA by extending the 
enhanced Marketplace subsidies that were included in the American 
Rescue Plan.
  It also provides an affordable coverage option for the more than two 
million Americans living in states that have not expanded Medicaid 
under the ACA and do not earn enough to qualify for Marketplace 
subsidies.
  When the Build Back Better Act is fully implemented, soon gone will 
be the terrible old days when too many Americans are forced to choose 
between medical care and putting food on the table or affording other 
necessities.
  Madam Speaker, approximately 3.9 million Black people were uninsured 
in 2019 before President Biden took office and even with the Affordable 
Care Act's premium subsidies, coverage under the ACA was too expensive 
for many families, and over 570,000 Black people fell into the Medicaid 
``coverage gap'' and were locked out of coverage because their state 
refused to expand Medicaid.
  Madam Speaker, nearly 1 in 4 Americans struggle to afford 
prescription drugs but Medicare is currently prohibited from 
negotiating prescription drug prices to get the best deal for American 
seniors.
  That changes with the historic Build Back Better Act, which 
authorizes Medicare negotiation of drug prices for high-cost 
prescription drugs, including drugs seniors get at the pharmacy counter 
(through Medicare Part D), and drugs that are administered in a 
doctor's office (through Medicare Part B).
  Under the Build Back Better Act, drugs become eligible for 
negotiation once they have been on the market for a fixed number of 
years (9 years for small molecule drugs and 12 years for biologics) and 
Medicare will negotiate up to 10 drugs per year during 2023, increasing 
to up to 20 drugs per year.
  The Build Back Better Act imposes a tax penalty if drug companies 
increase their prices faster than inflation, which should end the 
shameful days where drug companies could raise their prices with 
impunity.
  Perhaps most important, the Build Back Better Act directly lower out-
of-pocket costs for seniors by capping the amount seniors pay for their 
drugs under Medicare Part D at $2,000, a substantial reduction from the 
more than $6,000 that seniors pay today on average.
  The Build Back Better Act will also lower insulin prices so that no 
American with diabetes pays more than $35 per month for needed insulin.
  Madam Speaker, the cost of preschool in the United States exceeds 
$8,600 per year on average, and for as long as we can remember, child 
care prices in the United States have risen faster than family incomes, 
yet the United States still invests 28 times less than its competitors 
on helping families afford high-quality care for toddlers.
  The Build Back Better Act supports families in need of child care by 
providing access to safe, reliable, and high-quality care delivered by 
a well-trained child care workforce.
  The Build Back Better Act will provide universal and free preschool 
for all 3- and 4-year-olds.
  This is the largest expansion of universal and free education since 
states and communities across the country established public high 
school 100 years ago.
  This is important because our nation is strongest when everyone can 
join the workforce and contribute to the economy.
  That is why this investment is vital to so many millions of--
especially women--who are often forced to choose between working to 
support their family or caring for their family.
  The Build Back Better Act will ensure that the vast majority of 
working American families of four earning less than $300,000 per year 
will pay no more than 7 percent of their income on child care for 
children under 6.
  Under the Build Back Better Act, parents who are working, looking for 
work, participating in an education or training program, and who are 
making under 2.5 times their states median income will receive support 
to cover the cost of quality care based on a sliding scale, capped at 7 
percent of their income.
  The Build Back Better Act will help states expand access to high 
quality, affordable child care to about 20 million children per year--
covering 9 out of 10 families across the country with young children.
  For two parents with one toddler earning $100,000 per year, the Build 
Back Better Act will produce more than $5,000 in child care savings per 
year.
  In addition, the Build Back Better Act promotes nutrition security to 
support children's health and help children reach their full potential 
by investing in nutrition security year-round.
  The legislation will expand free school meals to 8.7 million children 
during the school year and provide a $65 per child per month benefit to 
the families of 29 million children to purchase food during the summer.
  The Build Back Better Act will deliver affordable, high-quality care 
for older Americans and people with disabilities in their homes, while 
supporting the workers who provide this care.
  Right now, there are hundreds of thousands of older Americans and 
Americans with disabilities on waiting lists for home care services or 
struggling to afford the care they need, including more than 800,000 
who are on state Medicaid waiting lists.
  A family paying for home care costs out of pocket currently pays 
around $5,800 per year for just four hours of home care per week.
  The Build Back Better Act will permanently improve Medicaid coverage 
for home care services for seniors and people with disabilities, making 
the most transformative investment in access to home care in 40 years, 
when these services were first authorized for Medicaid.
  The Build Back Better Act will improve the quality of caregiving 
jobs, which will, in turn, help to improve the quality of care provided 
to beneficiaries.
  In the area of housing, the Build Back Better Act makes investments 
to ensure that Americans have access to safe and affordable housing by 
providing resources to increase housing vouchers and funding for tribal 
housing.
  It also supports investments in programs that will help address our 
nation's housing crisis by increasing the supply of affordable homes 
for those in need and investing in historically underserved communities 
and those that have been previously left behind.
  Specifically, the Build Back Better Act makes the single largest and 
most comprehensive investment in affordable housing in history and will 
enable the construction, rehabilitation, and improvement of more than 1 
million affordable homes, boosting housing supply and reducing price 
pressures for renters and homeowners.
  It will address the capital needs of the public housing stock in big 
cities and rural communities all across America and ensure it is not 
only safe and habitable but healthier and more energy efficient as 
well.
  It will make a historic investment in rental assistance, expanding 
vouchers to hundreds of thousands of additional families.
  And, perhaps even more importantly, the Build Back Better Act 
includes one of the largest investments in down payment assistance in 
history, enabling hundreds of thousands of first-generation home buyers 
to purchase their first home and build wealth.
  In short, Madam Speaker, this legislation will create more equitable 
communities, through investing in community-led redevelopments projects 
in historically under-resourced neighborhoods and removing lead paint 
from hundreds of thousands of homes, as well as by incentivizing state 
and local zoning reforms that enable more families to reside in higher 
opportunity neighborhoods.
  The Build Back Better Act will spur and empower comprehensive action 
to build an equitable clean energy economy with historic investments to 
transform and modernize the electricity sector, lower energy costs for

[[Page H6583]]

Americans, improve air quality and public health, create good-paying 
jobs, and strengthen U.S. competitiveness--all while putting our 
country on the pathway to 100 percent carbon-free electricity by 2035.
  The Build Back Better Act extends and expands clean energy tax 
credits and supports clean electricity performance payments so 
utilities can accelerate progress toward a clean electric grid at no 
added cost to consumers.
  The Build Back Better Act invests in clean energy, efficiency, 
electrification, and climate justice through grants, consumer rebates, 
and federal procurement of clean power and sustainable materials, and 
by incentivizing private sector development and investment.
  Another exciting aspect of the Build Back Better Act, Madam Speaker, 
is that it will drive economic opportunities, environmental 
conservation, and climate resilience--especially in underserved and 
disadvantaged communities--including through a new Civilian Climate 
Corps.
  Madam Speaker, the Build Back Better Act includes a $100 billion 
investment to reform our broken immigration system--and does it 
consistent with the Senate's reconciliation rules--as well as to reduce 
backlogs, expand legal representation, and make the asylum system and 
border processing more efficient and humane.
  Madam Speaker, immigrants eligible for such protection are an 
integral part of Texas's social fabric.
  Texas is home to 386,300 immigrants who are eligible for protection, 
112,000 of whom reside in Harris County.
  These individuals live with 845,300 family members and among those 
family members, 178,700 are U.S.-born citizen children.
  These persons in Texas who are eligible for protection under the bill 
arrived in the United States at the average age of 8 and on average 
have lived in the United States since 1996.
  They own 43,500 homes in Texas and pay $340,500,000 in annual 
mortgage payments and contribute $2,234,800,000 in federal taxes and 
$1,265,200,000 in state and local taxes each year.
  Annually, these households generate $10,519,000,000 in spending power 
in Texas and help power the national economy.
  The expansion of the Child Tax Credit (CTC) enacted in the American 
Rescue Plan has already benefited nearly 66 million children, put money 
in the pockets of millions of hard-working parents and guardians, and 
is expected to help cut child poverty by more than half.
  The Build Back Better Act not only extends this meaningful tax cut, 
but it also extends the expanded Earned Income Tax Credit (EITC) and 
the expanded Child and Dependent Care Tax Credit, which help families 
make ends meet and put food on the table, reduce child poverty, and 
lessen the burden on hard-working Americans so they can provide a 
better future for America's children.
  Madam Speaker, I urge all Members to join me in voting to pass H.R. 
5376, the transformative, life-changing Build Back Better Act.
  Mr. SMITH of Missouri. Madam Speaker, as the gentlewoman from Texas 
says, this helps a lot of people, especially if you are a millionaire. 
That is why it is the second largest provision in this bill. It is tax 
breaks for millionaires.
  In fact, Senator Tester from Montana is quoted, he is ``not a big fan 
because I think it gives tax breaks to the wrong people: rich people.'' 
That is a Democrat Senator from Montana.
  Madam Speaker, I yield 1 minute to the fine gentleman from New York 
(Mr. Jacobs).
  Mr. JACOBS of New York. Madam Speaker, Democrats claim their bill 
will cost $1.7 trillion. That number, by itself, should cause alarm. 
But this number is reached through budget gimmicks.
  If Democrats succeed in making the provisions of this bill permanent, 
as they have publicly said they intend to do, then the cost will be 
much, much higher.
  The Penn-Wharton Budget Model estimates total spending for this bill 
would be $4.6 trillion over 10 years if the provisions are made 
permanent. The Committee for a Responsible Budget estimates the cost at 
$4.9 trillion.
  If Democrats are going to spend this kind of money, they should at 
least be honest about the true cost to the American people. I urge my 
colleagues to reject this reckless spending.
  Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentleman from 
New York (Mr. Morelle), a distinguished member of the Budget Committee.
  Mr. MORELLE. Madam Speaker, the Build Back Better Act is an historic 
opportunity to reduce our Nation's healthcare costs, increase access to 
childcare, support working families, and strengthen our economy.
  One item I would like to highlight is a provision to boost regional 
innovation. Since the 116th Congress, I have proudly sponsored the 
Innovation Centers Acceleration Act, legislation that would invest 
significant Federal dollars in our Nation's innovation efforts.
  Federal R&D as a percentage of GDP has fallen considerably since the 
mid-1960s, harming our productivity and global competitiveness, while 
opening the door for China to lead the world in innovation.
  I am incredibly proud that this bill includes $3.36 billion to create 
the regional innovation clusters envisioned in my proposal. Not only 
will this investment enhance our ability to be competitive, but it will 
create jobs at a time when they are needed the most.
  I encourage my colleagues to join me in proudly supporting and 
advancing this historic legislation, and I look forward to its passage.
  Mr. SMITH of Missouri. Madam Speaker, I appreciate the comments of 
the gentleman from New York, but I would just like to point out, in his 
home State, a family of four with two children under six, in just over 
a year, will face more than a $3,200 tax increase. But yet, a 
millionaire in his State, for the next 10 years, will receive a tax 
break of over $25,000 a year.
  Madam Speaker, I am happy to yield 1\1/2\ minutes to the fine 
gentleman from Georgia (Mr. Carter).
  Mr. CARTER of Georgia. Madam Speaker, I thank the gentleman for 
yielding. I thank him for his leadership. It is extremely important.
  Madam Speaker, I rise today in adamant opposition to what is a 
disastrous package. Disastrous. This very well may be one of the most 
consequential votes any of us, any of us have ever taken on this House 
floor.
  Yet, it has never, never gone through the proper process. It never 
received the proper consideration this body demands of any piece of 
legislation, the least of which would be one of the most consequential 
pieces of legislation that we have ever considered.
  I am sure most Members, on both sides of the aisle, do not fully know 
what is actually in this bill. Has anybody, has any Member actually 
read this bill? Anybody?
  My colleagues across the aisle are attempting to pass the most 
expensive bill, the most expensive bill, not by a little bit, by a lot. 
It is, yes, it is the most expensive bill by a lot that has ever been 
passed in American history. It has the largest tax increase ever 
considered and the biggest expansion of government in a generation; all 
while they have the slimmest of majorities. This is not a mandate.
  Look, what is going on? Look, what is happening here? The American 
people are rejecting this. You saw what happened in Virginia. You see 
what is happening now.
  We have got all these things going on.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. SMITH of Missouri. Madam Speaker, I yield an additional 30 
seconds to the gentleman from Georgia.
  Mr. CARTER of Georgia. Americans are told that they shouldn't have a 
say in their children's education. They watched as Americans were 
abandoned behind enemy lines in Afghanistan. They see the crisis at our 
border. They go to the gas station; they see an increase in gasoline 
prices. They see increases at the grocery store. This legislation makes 
it worse. This legislation pours fuel on the fire.
  Madam Speaker, I sincerely urge all of my colleagues to oppose this 
misguided and profoundly consequential bill.
  Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from 
Minnesota (Ms. Craig), a distinguished member of the Agriculture 
Committee.

[[Page H6584]]

  

  Ms. CRAIG. Madam Speaker, the Build Back Better Act follows through 
on our commitment to expand access to and lower the cost of healthcare 
for Americans across this country and back home in Minnesota.
  Included in this bill are the most far-reaching and impactful 
prescription drug reforms to pass this Congress in my lifetime. Not 
only will Medicare have the power to negotiate the prices of critical 
drugs for America's seniors, we are installing annual caps for Medicare 
recipients, capping the cost of insulin at $35 a month.
  We have designed a package that would lower out-of-pocket healthcare 
costs for hardworking Americans by strengthening the ACA, extending the 
premium tax credits for millions of families nationwide.

  This is our chance to make good on our promise to deliver a real, 
immediate impact that will lower the cost of healthcare to make it more 
affordable, more accessible for every person across this country.
  I, for one, could not be more proud, and I encourage my colleagues to 
get this done.
  Mr. SMITH of Missouri. Madam Speaker, I yield 1\1/2\ minutes to the 
gentlewoman from the great State of North Carolina (Ms. Foxx).
  Ms. FOXX. Madam Speaker, I thank the gentleman for yielding.
  Democrats' spending bill is not about building back better, it is 
about building up a bureaucracy that will expand the reach of the 
Federal Government, especially over education.
  This bill will impose Federal control over pre-K, limit parental 
choice, increase the cost of childcare, punish job creators, reward 
far-left special interests, and deepen our debt crisis.
  This bill recklessly sets aside $400 billion for universal pre-K and 
childcare but, in reality, there is no telling how much this provision 
will cost the American people. Subsidizing the childcare of wealthy 
families isn't building back better, it is building back bankrupt.
  This legislation is wrong for our country and wrong for our children. 
Education is best when run locally and when parents are involved.
  The bill also includes dangerous provisions from the PRO Union Bosses 
Act, which kneecap business owners while putting a target on job 
creators' backs with outrageously inflated Labor Department fines.
  Democrats keep saying this legislation is transformational. Well, let 
me tell them something: The American people do not want this country to 
be transformed in the way they want to transform it.
  It is time to make protecting the future of this Nation, our 
children, a priority, not empowering teachers unions, burdening job 
creators, or centralizing control in the hands of unelected, 
unaccountable Washington bureaucrats.
  Mr. YARMUTH. Madam Speaker, I am happy to yield 1 minute to the 
gentlewoman from California (Ms. Chu), a distinguished member of the 
Budget Committee.
  Ms. CHU. Madam Speaker, I rise today in strong support of the 
transformational Build Back Better Act and the investments it will make 
in our economy to help working families in our country.
  I am proud that, after months of compromise and negotiation, we have 
a bill today that is certain to make a difference in the lives of so 
many, while growing our economy and confronting the climate crisis.
  By extending the child tax cut, making childcare affordable, and 
lowering drug prices, we are giving families more money in their 
pockets. We are also ensuring 4 weeks of paid leave for all workers so 
that nobody has to lose their job in order to take care of themselves 
or loved ones; something so many families have struggled with this 
pandemic.
  And all these investments are completely paid for by ensuring that 
billionaires and corporations pay their fair share. Those who get rich 
off the backs of working families need to pay their fair share and 
support them.
  Mr. SMITH of Missouri. Madam Speaker, I am happy to yield 2 minutes 
to the gentlewoman from Colorado (Mrs. Boebert). She is someone who is 
a warrior, a fighter for conservatism and, apparently, even the Budget 
chairman is threatened by her.
  Mrs. BOEBERT. Madam Speaker, I thank my friend, the ranking member on 
the Budget Committee, who has done an excellent job exposing these 
terrible schemes to the American people this Congress.
  Madam Speaker, America does not need and cannot afford this junk. 
America doesn't need 80,000 new IRS agents snooping in our private 
transactions. These are politically weaponized bureaucrat bullies that 
we are looking to hire more of.
  America cannot afford $1.5 trillion in new taxes, while Federal 
bureaucrats haul off and spend $4.1 billion on electric bicycles.

                              {time}  1100

  Do they realize that this will use more fossil fuels, more petroleum 
products, to create electric bicycles than conventional bicycles? I 
don't think so. I think they have lost their ever-loving minds.
  It includes $7.8 billion for environmental justice going toward woke 
universities; $100 billion for amnesty workarounds, as our southern 
border is completely invaded by nearly 2 million illegal aliens, many 
of them criminal aliens. There is $55 billion for Green New Deal 
policies and tax breaks so congressional Members from the Bronx can 
afford a new Tesla.
  Biden's broke back budget has another $330 billion to incentivize 
workers to stay home. News flash to the party of wealthy cities and 
wealthy elites: We have a worker shortage right now in America. We have 
an inflation crisis. This will only make things worse, much worse, not 
better.
  But let me guess. When things do get worse, as they inevitably will, 
we will need to reelect you-all's sorry selves so you can fix it, 
right? No thanks. I will pass. I urge my colleagues to vote ``no'' on 
this monstrosity of a spending bill.
  The SPEAKER pro tempore. Members are reminded to direct their remarks 
to the Chair.
  Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentleman from 
Texas (Mr. Doggett), a distinguished member of the Budget Committee.
  Mr. DOGGETT. Madam Speaker, this bill offers childcare; educational 
opportunities from pre-K to post-grad; and the first belated, 
substantial response to the climate crisis. My top healthcare priority 
is providing assistance to 2 million Texans out of 6 million Americans 
who were denied healthcare by sorry Republican Governors. Families left 
out and left behind can finally see a family physician. From my bill to 
strengthen Medicare, we at least cover hearing care, which is important 
to reducing depression and dementia.
  Had we overcome Big Pharma's stranglehold over this Congress, we 
could have delivered much more. Savings from meaningful drug price 
negotiations could have financed vision and dental. Without further 
Biden administration action though, most Americans will still be 
victims of prescription price gouging.
  While so much remains to be done, this historic legislation offers 
real hope and opportunity, reducing inequities and lifting up those too 
often forgotten.
  Mr. SMITH of Missouri. Madam Speaker, I yield 1\1/2\ minutes to the 
gentleman from Wisconsin (Mr. Grothman).
  Mr. GROTHMAN. Madam Speaker, I think I can find something I agree 
with my Democrat colleagues on. This bill is a transformational bill. 
It is a bill made up by people who think America is fundamentally 
broken and that we have to make big changes. That is what we are going 
to get.
  I will focus quickly on five areas.
  One, illegal immigration. Under this bill, we are adding no new 
Border Patrol agents, but we are making it more difficult to deport 
people who have committed serious crimes here. We are using an 
additional carrot to get people here in that we are giving away free 
college to match the free healthcare we are already giving.
  One way that this bill would transform America is you get a lot more 
illegal immigrants. Since yesterday, for the first time, we topped 
100,000 illegal drug deaths in this country. I think this bill ensures 
that number is going to continue to go up. That is an undersold story.
  Secondly, I have always felt the biggest problem in America right now 
is an out-of-control welfare system that

[[Page H6585]]

destroys families. That system becomes more generous in this bill, be 
it through much more low-income housing or an earned income tax credit 
provision that increases the marriage penalty or Pell grants.
  This is a transformative bill, and I strongly wish my colleagues 
would vote against it.
  Mr. YARMUTH. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from California (Ms. Waters), the distinguished chair of the Financial 
Services Committee.
  Ms. WATERS. Madam Speaker, I rise in support of the Build Back Better 
Act, which will make historic investments across the country.
  We are in the middle of a housing crisis, and I have worked hard for 
funding to assist this crisis that we have in housing. As chairwoman of 
the Financial Services Committee, I have considered this my 
responsibility.
  It is not lost on me that more than 580,000 people experience 
homelessness on any given night, and millions of families are at this 
very moment sacrificing their next meal to pay the rent. Many more have 
been kept out of their dream of homeownership.
  With more than $151 billion for housing in this bill, Democrats are 
helping families achieve housing stability and housing affordability.

  Housing is infrastructure. The Build Back Better Act provides the 
largest investment in America's housing infrastructure in history. This 
investment is critical to creating a fair and equitable Nation where 
everyone can thrive.
  As this bill goes to the Senate, in it we have $10 billion for first-
generation home buyers; we have $25 billion in Section 8 rental 
assistance; we have $25 billion in the HOME program, CDBG, and the 
housing trust fund to build more affordable units.
  So I would ask for support of this very significant legislation. It 
is indeed a game-changer. I urge my colleagues to vote ``yes'' on the 
Build Back Better Act.
  Mr. SMITH of Missouri. Madam Speaker, as the gentlewoman from 
California said, there is $150 billion in this program for housing 
assistance. What is unfortunate, which she didn't share, is that it 
also allows felons of domestic violence to get those grants, which is 
unacceptable.
  Madam Speaker, I yield 1 minute to the gentleman from Virginia (Mr. 
Cline).
  Mr. CLINE. Madam Speaker, inflation rates are at a 30-year high, and 
gas prices are up 61 percent since last year. Why? Well, according to 
Joe Biden, it is because of the American Rescue Plan that this body 
passed in the spring. No less than the President himself said:

       You got checks, but what happens if there is nothing to buy 
     and you got more money to compete for goods? It creates a 
     real problem.

  Yes, Mr. President, it does create a real problem, and now you are 
trying to double down with this broke back better bill.
  What does it do? It further harms the economy with $4.5 trillion in 
new spending, $1.5 trillion in new taxes, and $3 trillion in new debt. 
It benefits the wealthy with a SALT tax cut of $25,000 for 
millionaires, electric vehicle subsidies for couples making $500,000 a 
year, and government-funded paid leave for millionaires. It builds the 
bureaucracy with 150 new government programs, props up the Green New 
Deal, and weaponizes the IRS.
  Madam Speaker, this is the wrong plan for the American people, and I 
urge my colleagues to vote ``no.''
  Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from 
Washington (Ms. Jayapal), a distinguished member of the Budget 
Committee.
  Ms. JAYAPAL. Madam Speaker, this is an incredible day. The House will 
pass the Build Back Better Act, President Biden's popular and necessary 
agenda, and say to Americans everywhere: We have got your back.
  Today, we say to families everywhere that we will cut your childcare 
costs in half and provide universal pre-K to 3- and 4-year-olds.
  Today, we are finally going to take on Big Pharma, cut the cost of 
prescription drugs, and make sure that people can afford the cost of 
insulin.
  This bill makes the biggest Federal investment in housing in our 
history and allows America to truly lead on taking on climate change, 
with half a trillion dollars of investment and 40 percent of those 
funds going to communities that are most disproportionately burdened by 
the effects of climate change.
  For the first time in 35 years, we say to immigrants: You are truly 
essential, not expendable. We will protect Dreamers, TPS holders, 
essential workers, and farmworkers.
  I thank President Biden for his leadership. We will provide 
transformative change for people across America and invest in our 
competitiveness; our thriving, not surviving; and our humanity.
  Mr. SMITH of Missouri. Madam Speaker, I yield myself such time as I 
may consume.
  I would like to read a quote from the Democrat Congressman from 
Maine, talking about the huge tax break for the millionaires. He says: 
``The fact that more people and organizations on the Democratic side 
aren't up in arms about this is wild.''
  I am surprised with a lot of my colleagues on the other side who want 
to help working-class Americans, who instead are going to be supporting 
a bill that helps wealthy Americans.
  Madam Speaker, I yield 1\1/2\ minutes to the gentleman from Virginia 
(Mr. Good).
  Mr. GOOD of Virginia. Madam Speaker, the voters of Virginia sent a 
message 2 weeks ago because they were scared to death of the 
continuation of these radical Biden policies, the radical policies of 
Governor Northam in Virginia, scared to death of the continuation of 
that that was represented by the potential election of Terry McAuliffe. 
Did the Democrat majority hear that message? No.
  When this phony infrastructure bill is implemented, that was passed 2 
weeks ago, we will have $30 trillion in debt, which equates to $90,000 
per American.
  For my friends across the aisle, who are economically illiterate and 
not good at math, the $30 trillion worth of debt is a 3 with 13 zeros. 
Please don't tell them what comes after a trillion.
  But it is not just the spending of this $2 trillion to $4 trillion. 
They don't even know what it will cost because we don't have a score.
  It is 150 new programs. It is growing the welfare state. It is trying 
to get more people dependent on the Democrats for their sustenance, 
separating work from income, massive amnesty for tens of millions of 
illegal aliens in our country, and hundreds of billions of dollars for 
the Green New Deal.
  This is the Bernie-AOC budget forcing us into electric vehicles. It 
will massively increase utility, gas, and fuel prices. It will 
massively increase inflation, as we continue to have too many dollars 
facing too few supplies, too few goods, too few services, as a result 
of their policies.
  But they are tone-deaf economically. They want to bankrupt the future 
of our country with this massive, continued spending. It is bad for 
America, and everyone should vote ``no.''
  Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from 
New York (Ms. Velazquez), the distinguished chair of the Small Business 
Committee.
  Ms. VELAZQUEZ. Madam Speaker, I rise in strong support of this 
legislation because working families deserve a government that will 
make their lives better.
  First off, to build back better, we must invest in our Nation's 
entrepreneurs, and that is exactly what this bill does. It will make a 
$5 billion investment in SBA programs that go beyond recovery and 
provide transformative, long-term solutions and economic stimulus. It 
will create millions of new jobs on top of the millions already added 
under the Biden administration.
  This legislation also includes the largest single, one-time 
investment ever made to HUD's public housing capital fund. It will go a 
long way to clearing the backlog of repairs around the country.
  This bill also creates universal pre-K, extends the child tax credit, 
and finally mandates paid parental leave.
  On climate, we are including a focus on environmental justice and 
frontline communities like those I represent.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. YARMUTH. Madam Speaker, I yield an additional 30 seconds to the 
gentlewoman from New York.

[[Page H6586]]

  

  Mr. VELAZQUEZ. Madam Speaker, here is what I can guarantee. Because 
of this bill, millions of working families will see their lives 
improved by a Federal Government that we are showing today has their 
back.
  While this is not the end of the fight, it is what progress looks 
like. That is why I am proud to vote ``yes.''
  Mr. SMITH of Missouri. Madam Speaker, I yield 2 minutes to the 
gentleman from California (Mr. Obernolte).
  Mr. OBERNOLTE. Madam Speaker, 2 weeks ago, I led over 200 Members of 
this House in sending a letter to the Speaker, urging that we do not 
vote on this bill until the CBO had issued a cost score for this bill. 
Yet, here we are, debating what is likely the largest spending package 
in the history of this country, paired with the largest tax increase in 
the history of this country. I say ``likely'' because we really don't 
know what the bill will cost. Apparently, we are supposed to pass the 
bill before we are allowed to know what it costs.
  Madam Speaker, that is crazy. Here is why that matters. Our national 
debt right now stands at about $29 trillion. Although we don't have a 
CBO score on this bill, what we do have is an analysis by the Wharton 
School at the University of Pennsylvania which says that this bill 
would add $300 billion to that debt, at least, and that is if all the 
programs in this bill sunset on time, which we know is not going to 
happen. Further, the analysis says if they don't sunset, this bill 
could add $2.5 trillion to our national debt.
  Madam Speaker, here is the real tragedy: We run about a $2 trillion 
deficit this year, and even in a good year it will be over a trillion 
dollars. The tax increases alone in this bill would almost get us to 
balancing the Federal budget, which would allow us to avoid leaving a 
legacy of debt to our children and our grandchildren.
  Madam Speaker, this bill is bad for our country, and it is bad for 
our economy. I urge a ``no'' vote.

                              {time}  1115

  Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from 
New Mexico (Ms. Leger Fernandez), a distinguished member of the 
Education and Labor Committee.
  Ms. LEGER FERNANDEZ. Madam Speaker, our communities should not have 
to choose between paying their medical bills or paying for groceries. 
Parents want to go to work knowing that their kids are being taken care 
of, that their kids are learning, because when kids are learning, 
parents are earning.
  Families want to know that their kids and grandkids will inherit this 
beautiful place we call home, this planet, still beautiful. They want 
the Build Back Better Act because it delivers those opportunities.
  So many Americans, especially our Latino and Native-American 
communities, suffer from diabetes. With Build Back Better, no one will 
have to pay more than $35 a month for insulin. This is lifesaving. Big 
Pharma shouldn't make excessive profits off the pain of Americans.
  We are delivering for Americans, and it is fully paid for by taxing 
the rich and big corporations. I urge my colleagues to deliver Build 
Back Better ``for the people,'' para la gente, for our hardworking 
immigrants, for all of our communities.
  Mr. SMITH of Missouri. Madam Speaker, I include in the Record a 
document from the Committee for a Responsible Federal Budget that shows 
the true cost of the bill is over $4 trillion.

  [From the Committee for a Responsible Federal Budget, Nov. 5, 2021]

      House Build Back Better Bills Are Built on Shaky Foundation

       The House is slated to vote today on two parts of the 
     President's Build Back Better agenda--the bipartisan 
     infrastructure bill (https://www.crfb.org/blogs/
infrastructure-plan-will-add-400-billion-deficit-cbo-finds) 
     and a reconciliation bill addressing climate change, child 
     care, health care. and other priorities.
       The following is a statement from Maya MacGuineas, 
     president of the Committee for a Responsible Federal Budget:

       A fiscally responsible Build Back Better agenda should be 
     fully paid for, gimmick-free, well-targeted based on the 
     country's needs, and enacted in the context of a broader 
     budget. While policymakers should be commended for their 
     efforts to scale back costs and include real offsets, these 
     bills still fall far short of those goals.
       While President Biden and Members of Congress pledged their 
     agenda would not add to the debt, it is likely that both 
     bills would increase the deficit based on official estimates. 
     The bipartisan infrastructure bill--negotiated by Democrats 
     and Republicans--will add roughly $400 billion (https://
www.crfb.org/blogs/infrastructure-plan-will-add-400-billion-
deficit-cbo-finds) to the debt over the next decade. While we 
     still don't know the true fiscal impact of the reconciliation 
     legislation, it is likely that it will add modestly to the 
     deficit as well. No one should vote for this bill prior to 
     seeing a CBO score.
       The bills are also riddled with gimmicks. The bipartisan 
     infrastructure bill claims it is fully paid for by taking 
     credit for saving (https://www.crfb.org/blogs/whats-
bipartisan-infrastructure-investment-and-jobs-act) that had 
     nothing to do with the bill itself. The reconciliation bill 
     keeps its official cost down through arbitrary expirations--
     the Child Tax Credit and Earned Income Tax Credit expansions 
     after one year, Affordable Care Act expansions after 3 and 4 
     years, and child care and pre-K after six years. If these and 
     other sunset policies are extended without offsets, it would 
     cost an additional $2 to $2.5 trillion through the end of the 
     decade.
       And then there's the last-minute addition of a SALT cap 
     increase, which will deliver a huge tax cut to very high 
     earners (https://www.crfb.org/blogs/72500-salt-cap-costly-
and-regressive) at a cost of nearly $300 billion over the 
     first five years. The proposed SALT cap increase would cost 
     more than the bill's Child Tax Credit, health coverage 
     expansions, housing initiatives, or education funding, and 
     roughly 98 percent of the benefit would go to those making 
     six figures. This is egregious in light of the objectives of 
     the bill. This tax cut would be offset on paper with a 
     sleight of hand where policymakers extend the SALT cap beyond 
     2026 but leave other accompanying parts of the TCJA for 
     future lawmakers to extend.
       All of this is being considered in the context of near-
     record levels of debt, trust funds years away from 
     insolvency, and an unsustainable fiscal situation that few in 
     either party are even trying to address. Given the current 
     budget outlook, we should ideally be pursuing long-term 
     deficit reduction, rather than limiting deficit increases. 
     And we should be doing it in the context of an actual 
     detailed budget for the nation.
       Washington's credibility is on the line, and we need to get 
     this right. Rather than rush through irresponsible 
     legislation before it has even been scored, the House should 
     fix the flaws in the current bills to ensure the Build Back 
     Better agenda--both reconciliation and infrastructure--is 
     honestly accounted for and truly paid for.
  Mr. SMITH of Missouri. Madam Speaker, I reserve the balance of my 
time.
  Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from 
Illinois (Ms. Schakowsky), a distinguished member of the Budget 
Committee.
  Ms. SCHAKOWSKY. Madam Speaker, I stand today and rise in the 
strongest support for the Build Back Better Act, the most 
transformational investment in everyday Americans in generations.
  I rise in support of the largest effort to combat climate change in 
American history.
  I rise in support of the largest expansion of affordable health 
coverage for Americans as well as the highest investment in housing.
  I rise in support of women, who will be able to go back to work 
because they will have childcare, and their children will be able to 
have universal preschool.
  I rise in support of the American people and seniors, who have been 
waiting for too long for more home care, and the workers will be able 
to see an increase in wages for caregiving.
  I am so proud to stand today for the American people, the middle 
class, who have been waiting so long for finally getting to see the 
Build Back Better Act.
  Mr. SMITH of Missouri. Madam Speaker, I appreciate the gentlewoman 
from Illinois, and I remind her that government spending is already 
helping fuel an inflation fire that is on pace to raise prices at the 
fastest rate in 40 years. In her home State of Illinois, food prices 
currently are up 8 percent, clothing is up 9 percent, and gasoline 
prices are up 62 percent.
  Madam Speaker, I reserve the balance of my time.
  Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from 
Virginia (Ms. Wexton), a distinguished member of the Budget Committee.
  Ms. WEXTON. Madam Speaker, I rise today in strong support of the 
Build Back Better Act to deliver on the promises we have made to the 
American people.

[[Page H6587]]

  This bill is about families and fairness. Even before the pandemic, 
parents in Virginia and across the country have been weighed down by 
the cost of raising their kids, caring for their elderly parents, and 
providing for their families. The Build Back Better Act will lighten 
that burden.
  The investments we are making with this bill, universal pre-K, 
affordable childcare, and lower prices for healthcare and prescription 
drugs, will bring everyday costs for families down and set all of our 
children up for a bright future.
  It will take long-overdue action to tackle the climate crisis by 
making the historic investments that we need to create a clean energy 
future for our kids, while creating millions of good-paying American 
manufacturing jobs in the process.
  We have the opportunity to enact once-in-a-generation change that 
will improve the lives of our families and keep our economy on a path 
to a strong and full recovery.
  Madam Speaker, I urge my colleagues to support a swift passage of the 
Build Back Better Act.
  Mr. SMITH of Missouri. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I will point out that since Joe Biden became President 
on January 20, the policies that he enacted by executive order in his 
first week in office have created an incredibly awful border crisis.
  Unfortunately, 1.4 million people have illegally crossed the southern 
border since Joe Biden has taken office. And what does this legislation 
do?
  This legislation will only make it worse by providing over $100 
billion in this legislation for backdoor amnesty.
  This bill also provides roughly $45,000 of benefits to illegals over 
U.S. citizens. That is unacceptable. The American people are opposed to 
that, and they are not liking it.
  Madam Speaker, I reserve the balance of my time.
  Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from 
Florida (Ms. Wasserman Schultz), a distinguished member of the 
Appropriations Committee.
  Ms. WASSERMAN SCHULTZ. Madam Speaker, I proudly rise to support the 
largest investment in America's working families, a human safety net, 
and the protection of the planet since FDR's New Deal.
  To families facing high healthcare or childcare costs or struggling 
to find affordable pre-K programs, the Build Back Better Act has your 
back.
  We deliver real help and support, including paid family leave and a 
child tax credit extension that cuts child poverty in half and puts 
money in parents' pockets each month.
  It expands healthcare coverage for millions and helps seniors pay for 
home care, hearing aids, and prescriptions by finally allowing Medicare 
to negotiate lower drug prices.
  Build Back Better also seriously tackles climate change by moving us 
toward our 2030 emissions reduction goals and does it by producing 
high-paying, green, union jobs.
  For veterans, it invests $5 billion to upgrade aging VA hospitals and 
ensures we better serve those who so bravely served.
  Build Back Better is fully paid for and returns fairness to the Tax 
Code by making sure corporations and America's wealthiest pay their 
fair share.
  Paired with the bipartisan infrastructure bill, both bills will make 
life a lot better for all Americans, especially families in Florida. 
Let's build back better now.
  Mr. SMITH of Missouri. Madam Speaker, I yield 1\1/2\ minutes to the 
gentlewoman from New York (Ms. Malliotakis).
  Ms. MALLIOTAKIS. Madam Speaker, I never thought in the United States 
Congress--the home of the free, of the brave, of those taxpayers who 
work hard every day and entrust us to spend their money wisely--that we 
would see a spending bill of this magnitude that would saddle our 
future children with debt.
  The intrusion in this bill, the government control, the debt, the 
taxes, the mandates and the disincentivizing of work and production 
will continue to lead to more labor shortages, more supply chain 
issues, and make things worse.

  And what is even worse than all of that is the name of the bill, that 
the people in this Congress are trying to fool the American people by 
calling it a Build Back Better bill. It is a disaster.
  When we talk about putting Americans first, what does this bill do at 
a time when we have the worst crisis at the border? There is $100 
billion going to amnesty and benefits for those who are entering the 
country illegally, and this at a time when we are seeing a rise in 
fentanyl deaths due to what's crossing over our border, child 
trafficking, sex trafficking.
  And then look at Big Brother, the government intrusion part of this 
bill: doubling the number of IRS agents to go after Americans to spy on 
their bank accounts.
  This bill has crushing energy implications at a time when we are 
seeing record increases on gas prices, on electricity, on heat, and we 
are about to face the most expensive holiday season as a result.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. SMITH of Missouri. Madam Speaker, I yield an additional 30 
seconds to the gentlewoman from New York.
  Ms. MALLIOTAKIS. Madam Speaker, in addition to that, there are the 
taxes and the mandates.
  Where are my moderate friends on the other side of the aisle who 
committed to vote against this bill unless there was a CBO score?
  They have been untruthful, and the American people will not forget 
what is occurring here today.
  Do not destroy the very country that my parents came to in order to 
pursue the American Dream.
  Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentleman from 
Texas (Mr. Green), a distinguished member of the Financial Services 
Committee.
  Mr. GREEN of Texas. Madam Speaker, because I have a heart, I will 
vote for universal pre-K. I have been to the classrooms, and I have 
seen those babies' bright eyes, eager to learn. I have also understood 
while I was there that there were other children who wouldn't have that 
benefit. They were getting a late start while others were getting a 
head start. This universal pre-K will give the same start to all of 
these children.
  I am voting for the future because I have a heart.
  Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
  Mr. YARMUTH. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Lee), a distinguished member of the Budget Committee.
  Ms. LEE of California. Mr. Speaker, I rise in strong support of the 
Build Back Better bill. I thank Chairman Yarmuth and the Speaker, as 
well as the committee chairs who worked to craft this transformative 
legislation. It makes bold investments in our people, reduces 
inflation, and will deliver real improvements in their lives.
  It will address the acute housing crisis in my community and 
throughout the country. It also includes wildfire prevention, drought 
relief, conservation efforts, and climate change research to curb the 
climate crisis.
  It includes the child tax credit, paid family leave, child nutrition 
programs, expanding access to childcare for working and low-income 
families, and home care for elders. All of these investments and more 
will help reduce poverty and allow women to get back into the paid 
workforce.
  It will also help build rewarding careers, create jobs through 
workforce development funding for underserved populations, including 
returning citizens.
  Passing this bill is a moral imperative, especially for children, 
women, seniors, and people of color that have been disproportionately 
impacted by this pandemic and continue to be sidelined due to systemic 
racial and economic inequality. I urge a ``yes'' vote.
  Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
  Mr. YARMUTH. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Ohio (Mrs. Beatty), a distinguished member of the Financial Services 
Committee.
  Mrs. BEATTY. Mr. Speaker, I rise today in support of this 
transformative and once-in-a-generation opportunity to deliver for the 
American public in a way that we have never seen before.

[[Page H6588]]

  And to my colleagues, it is paid for.
  The Build Back Better Act will create more than two million jobs each 
year over the course of the next decade. It will also ensure universal 
pre-K and extend the child tax credit to help lift thousands of 
children out of poverty.
  Democrats and Republicans, America, listen to me, we need to make 
sure that everyone supports this. And for people who do not support 
Build Back Better, there should be consequences because this is the 
largest investment to combat the climate crisis in history.
  It includes historical investments in HBCUs, it includes $150 billion 
in our Nation's housing infrastructure.
  This bill is a win for all. Do not be fooled. We have worked hard, 
and this bill is for Democrats and it is for Republicans. People who do 
not vote for this do not believe in America.
  Mr. SMITH of Missouri. Mr. Speaker, I hear all the time in this 
Chamber people say it is for the children or it is for the kids. What 
hogwash from the other side to say that this bill helps the children 
with the child tax credit.
  Your child tax credit is for 1 year, but your tax break for 
millionaires is for 10?
  You are spending $250 billion in tax breaks for millionaires and $130 
billion for 1 year for families.
  Mr. Speaker, I reserve the balance of my time.
  The SPEAKER pro tempore (Mr. Aguilar). The gentleman is reminded to 
direct his remarks to the Chair.
  Mr. YARMUTH. Mr. Speaker, may I inquire as to how much time is 
remaining on both sides?
  The SPEAKER pro tempore. The gentleman from Kentucky has 3\1/2\ 
minutes remaining. The gentleman from Missouri has 30 seconds 
remaining.

                              {time}  1130

  Mr. YARMUTH. Mr. Speaker, I yield 1 minute to the gentleman from Ohio 
(Mr. Ryan), a distinguished member of the Appropriations Committee.
  Mr. RYAN. Mr. Speaker, this is a wonderful place. I have to tell you, 
our child tax credit is 1 year more than your child tax credit. We did 
one this year; we are going to do one next year; and we are going to 
keep going.
  I love this place. Guys get wrapped around like a pretzel in this 
place.
  Let me be clear, I am against any tax cut for the wealthy. This is an 
investment in working-class people whether they are White or Black or 
Brown.
  But when I listen to the other side, I hear somebody who if this was 
a football game I would go back and say, I want a review, I want a 
review of the play, and I want to pull up the C-SPAN video of all the 
Republicans at the Rose Garden touting a big tax cut for the top 1 
percent that blew a trillion-dollar hole in the economy.
  This place is ridiculous.
  Let's invest in the people. Let's not cut taxes for rich people.
  And we have a new name for the GOP: the grand old phonies.
  The SPEAKER pro tempore. Members on both sides are reminded to direct 
their remarks to the Chair.
  Mr. SMITH of Missouri. Mr. Speaker, I yield myself the balance of my 
time.
  Less than one-third of this budget bill is scored. Less than one-
third. But what we do know is that it will not be fully paid for, and 
over the next 5 years it will add roughly $800 billion to debt. We do 
know that.
  This bill only bankrupts the economy. It benefits your wealthy 
political friends, allies, and donors, and it only builds the 
Washington machine.
  If working-class Americans are considered millionaires, then this 
bill is helping them because it is all about the millionaires.
  Mr. Speaker, I yield back the balance of my time.
  Mr. YARMUTH. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, we have gone back and forth on this bill for months now, 
and my Republican friends have said, oh, they haven't had a chance to 
read the bill. The Budget Committee reported out the consolidated bill 
on September 25. There have been 180 hours of debate on this bill 
before today; so if they can't read the bill in 2 months, they have 
another problem.
  But at the end of the day, it is clear this has not been a fair 
debate. On one side you have House Republicans. On the other you have 
myself and my Democratic colleagues, 17 Nobel-winning economists, 
former Treasury Secretaries, Jack Lew and Larry Summers, scores of 
other economists and experts, and most importantly, the overwhelming 
majority of the American people.
  This hasn't been an honest debate either. Democrats have a plan to 
serve the American people. Republicans have an agenda to stop 
Democrats, period. And my friend from Ohio just had another description 
of GOP. I don't think it should be GOP at all; I think it should be 
NOP, the not our problem party. If it is healthcare, it is not our 
problem. Dealing with climate change, it is not our problem. Dealing 
with education, not our problem. Dealing with seniors, not our problem. 
Dealing with childcare, not our problem. Affording college, not our 
problem. Dealing with medical costs, not our problem.
  Democrats see important challenges facing the American people, and we 
are finally dealing with them. It is time to close the curtain on the 
Republican charade and do our jobs.
  I urge my colleagues to vote ``yes'' and send to the Senate the most 
transformative legislation for America and American families in a 
century.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The gentleman from Massachusetts (Mr. Neal) 
and the gentleman from Texas (Mr. Brady) each will control 30 minutes.
  The gentleman from Massachusetts is recognized.
  Mr. NEAL. Mr. Speaker, I yield myself 4 minutes.
  Mr. Speaker, I stand today in strong support of the Build Back Better 
Act and its implications.
  I am proud of the substantive contributions that the Ways and Means 
Committee, once again, has made to this monumental initiative. With 
these provisions we will make transformational investments in families, 
workers, and the fight against climate change.
  Getting to this point certainly has not been fast, nor has it been 
easy. Some might say it has been quite challenging. But that is what 
democracy looks like, and it frequently is noisy. We have examined 
these issues; we have had thoughtful, spirited debate in the committee; 
and we have refined our proposals.
  Since 2019, the Ways and Means Committee has held over 40 hearings 
related to topics addressed by these provisions, and we have heard out 
the stakeholders from virtually every perspective. Over the course of 
40 hours of committee markup, we thoroughly debated this package and 
considered 60 amendments from the Republican members. And in the 3 
months since we passed our historic package out of the committee, we 
have refined our policies further and made hard compromises in the 
interest of accomplishing fine things for the American people.
  That is how legislation is developed, and it is not based on whim.
  There is not enough time to detail every policy in this legislation, 
but let me highlight just a few that are going to be particularly well 
received by the American people, and I am proud of these proposals.
  First and foremost, we fought hard to include a universal paid family 
and medical leave provision to finally put an end to workers' 
impossible choice between providing for their family and caring for 
them.
  We also invest in making healthcare more affordable by extending the 
enhanced Affordable Care Act premium subsidies that we approved in the 
American Rescue Plan earlier this year.
  We close the Medicaid coverage gap, which will allow four million 
uninsured Americans to gain access to coverage.

  Let me say something, as well, Mr. Speaker. Everybody in 
Massachusetts has health insurance. Every child is covered, and 98 
percent of adults are covered in the State, and it polls really well.
  I am proud of these investments we make here in supporting this 
development and deployment of green energy, and I want to acknowledge 
two Members in particular, Mr. Thompson and Mr. Blumenauer, for the 
role that they played. Our green tax policies put us on the path to a 
sustainable future, they help cut carbon emissions, and create good, 
well-paying jobs across the country.

[[Page H6589]]

  This an ambitious package, but it makes major investments--emphasis 
on the word ``investments''--in our economy, workers, and families, but 
it also responsibly meets the time in which we live. The Ways and Means 
Committee, of which I am enormously proud, we fully commit the funds 
that are necessary to pay for these priorities by asking the most 
powerful amongst us to pay just a modest amount more. The various 
wealthy individuals will be asked to contribute, again, just a bit more 
to our Nation that has provided them with the opportunities to have 
such substantial success.
  I urge our colleagues to support this legislation. We will allow for 
a stronger and better Nation to build back better and stronger, and I 
reserve the balance of my time.
  Mr. BRADY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we meet today to consider the largest spending bill in 
American history; a bill that no one has read, no one knows its cost, 
it was written in secret, and rushed to the floor to hide it from the 
American people.
  We meet in the shadow of an awful economic report that shows 
America's economy effectively stopped growing last quarter. President 
Biden is over 700,000 jobs short of his promises from the last 
stimulus, has ignored the damaging labor shortage and the fastest 
rising inflation in 40 years.
  This is all proof that President Biden is bungling the recovery, and 
leaves many Americans questioning his competence.
  Given all that, you would think the President and Congressional 
Democrats would avoid sabotaging America's economy further. But that is 
exactly what this $4 trillion socialist tax and spending binge does.
  Build Back Better's crippling tax hikes will kill American jobs, 
drive many of them overseas, hammer small businesses as they struggle 
to recover, worsen the labor shortage, and drive inflation even higher.
  And, yes, President Biden is absolutely breaking his pledge to not 
raise taxes on America's lower- and middle-income earners. Two out of 
three millionaires will get a tax cut while the middle class gets a tax 
hike.
  Both the liberal Tax Policy Center and Congress' own scorekeeper, the 
Joint Committee on Taxation, confirm this. This bill imposes over $400 
billion in taxes on America's small businesses, which couldn't come at 
a worse time.
  There are $800 billion in tax increases on American businesses who 
compete both here and around the world.
  This is an economic surrender to China, Russia, Japan, and Europe; 
driving American jobs, investment, and manufacturing overseas.
  The new corporate minimum tax is really a Made in America tax.
  It hits American manufacturing, energy, and technology businesses the 
hardest along with American consumers. The international tax increases 
make it better to be a foreign company or consumer than an American 
one.
  Is it any wonder our foreign competitors are happy to embrace a small 
global minimum tax; they are getting American jobs and a big bite of 
our tax base.
  There is a troubling new tax that hurts retirement plans, harming 
workers and seniors the most by punishing businesses that invest in 
their own stock.
  All this while the Federal Government enjoys record-high levels of 
tax revenue from corporations, small businesses, and high-income 
earners due to the Republican tax cuts in 2017.
  This $4 trillion socialist tax and spending binge will drive prices 
up even higher on families and make the damaging labor shortage even 
worse.
  As businesses from Main Street to manufacturing struggle to find 
workers, Democrats' changes to the child tax credit no longer require 
Americans to earn or to work to qualify for monthly checks.
  Experts predict this, along with lavish COVID-era Affordable Care Act 
subsidies, could drive up to 2 million more Americans to exit the 
workforce.
  Under their paid leave plan, taxpayers will pay billions of dollars 
to put Washington in charge of your time off while workers struggle 
with one-size-fits-all mandates that limit choice for families and 
crush small businesses.
  This is crazy, too: Democrats are insisting on giving a huge tax 
windfall to the wealthy 1 percent of Americans by lifting the 
reasonable SALT cap. The cost of this tax give-away? A whopping $222 
billion.
  The penthouse gets an obscene tax break, but the building janitor 
gets nothing. The middle class gets nothing. The 90 percent of 
taxpayers who don't itemize their taxes get nothing but higher taxes 
themselves.
  Where are their priorities? The SALT windfall for the wealthy is 50 
times larger than the help a parent gets from the child tax credit.
  And it gets worse. Democrats are spitting away $550 billion in green 
pork subsidies for the wealthy and the world's biggest corporations.
  Democrats are forcing taxpayers to send $12,500 to a wealthy family 
buying a luxury electric vehicle worth 80 grand. They quietly snuck in 
tax breaks for wealthy trial lawyers, recording artists, electric 
bikes, and subsidies for the media. Of course, labor unions get a huge 
haul, including forcing the 90 percent of Americans who don't join a 
union to subsidize a few who do.
  While special interests cash in, families don't. Did you know this 
includes a new toddler tax that will force middle-class families to pay 
$13,000 more a year for their childcare?
  And there are budget gimmicks galore.
  ``It costs zero'' will go down in history as one of the biggest 
whoppers a President has ever told.
  The true deficit is trillions of dollars over the decade.
  And one of the budget gimmicks lands on American seniors who won't 
have affordable generic drugs in the future to choose from.
  Another budget gimmick is supercharging the IRS with 80,000 new 
agents. While Democrats will say they have walked away from their bank 
surveillance plan, the White House is ``hopeful'' Senators will sneak 
it back in.
  If you are worried about rising prices shrinking your paychecks more 
and more every month, these trillions in new government spending will 
only make it worse.
  Inflation is killing families, forcing them to effectively pay a 
second utility bill, a second cell phone bill, or a second cable bill a 
month. Inflation is a tax, and Democrats are raising it in this bill.
  So crippling taxes, driving jobs overseas, making the worker shortage 
worse, and driving prices higher; this is a terrible bill.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1145

  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Thompson), who had a profound impact on the renewable 
energy tax credits.
  Mr. THOMPSON of California. Mr. Speaker, this is historic 
legislation, one of the most impactful investments in American workers, 
families, and communities during my time in Congress.
  This bill includes the most sweeping and ambitious climate policy 
ever passed by Congress--the GREEN Act, legislation I was proud to lead 
with my Democratic colleagues on the Committee on Ways and Means. It 
provides 4 weeks of paid family leave and funds universal pre-K. It 
extends the child tax credit, a tax cut for working families that has 
dramatically reduced child poverty since it was signed into law.
  This bill makes healthcare premiums more affordable, provides tax 
incentives to improve disaster resiliency, and funds the VA so our 
veterans get the services they earned. And this bill is paid for.
  The investments in this bill are too many to list; but it is just 
that, an investment. This bill will pay dividends for generations, and 
I urge everyone to pass the Build Back Better Act.
  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from 
Pennsylvania (Mr. Kelly), one of our tax leaders.
  Mr. KELLY of Pennsylvania. Mr. Speaker, I thank the gentleman from 
Texas.
  Mr. Speaker, I think a lot of us go out and actually do our own 
shopping.

[[Page H6590]]

And I know now when I go out to shop, I not only look at the front of 
the box, I look to the back to see what is in it.
  So we have here the Biden build back better sauce. Here it is. It is 
flavored with SALT tax, by the way, so don't worry about your sodium 
content. And trust them. ``It is in there.''
  What is in there; 150 new government programs. How about this? This 
is a great bargain for the hardworking American taxpayer. Now, they're 
saying it is only going to cost you $1.7 trillion, and only in 
Washington would they say ``only''.
  The cost per American, $53,000 apiece; $550 billion for the Green New 
Deal; $412 billion in small business taxes; $80 billion for those 
wonderful guys from the IRS that are coming to tear you apart; $7.8 
billion on environmental justice; massive electric vehicle subsidies 
for the very wealthy; government paid leave for high-priced CEOs; 
subsidies for wealthy families; a SALT tax break for millionaires; and 
the Tree Equity Program.
  Who in the world would not buy this package? They will if they turn 
around and look at the back and understand that it is on sale right now 
in this House for $4 trillion. Hurry up, American taxpayers, before we 
run out of money.
  Mr. NEAL. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Massachusetts (Ms. Clark), a fellow Bay Stater, good friend, terrific 
leader.
  Ms. CLARK of Massachusetts. Mr. Speaker, I thank Chairman Neal for 
his incredible work in putting together this bill and all his 
leadership and friendship. And today, we have the build back better 
agenda before us that was built on conversations that President Biden 
had with the American people so we can meet this time of historic 
challenge for them with historic progress.
  The Build Back Better Act lowers costs and taxes for working 
families, creates jobs, and puts us on a path towards sustainability. 
We will provide 26 million children with access to affordable, quality 
childcare and universal pre-K. This will let families, and especially 
women in this country, get back to work and give all of our kids a 
great start.
  We will build one million units of affordable housing, cut 
prescription drug costs and cap insulin costs, expand healthcare 
coverage, extend the historic child tax cut, and invest directly in 
climate resiliency and clean energy.
  We declare with this bill that care is economic infrastructure and 
send a message to families and providers both that help is on the way. 
And all of this is done with a through line of equity. This is what is 
possible when we put families front and center here in Washington.
  Mr. Speaker, so today, we build back better.
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentlewoman from 
Indiana (Mrs. Walorski).
  Mrs. WALORSKI. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, as our Nation faces crisis on every front, Democrats are 
focused on grabbing more control over Americans' lives. Their Big 
Government agenda empowers bureaucrats to take away our constitutional 
liberties.
  You don't get the vaccine, you get fired.
  You try to manufacture something in America, you get taxed.
  You want to know what is being taught in your child's school, you are 
labeled a domestic terrorist.
  This is America today, folks. Parents around the country are sounding 
alarms about what is being taught in public schools. If you think 
parents are engaged now, wait till you see what happens when they find 
out their only option for the daycare is a government-appointed 
provider. Faith-based daycares disappear with this bill.
  This really is breaking news for anybody watching. Your faith-based 
daycare is eliminated with this bill. Parents, listen up. This isn't a 
Republican or Democrat or Independent thing, this is an American thing. 
This is dangerous. It is happening, and a ``yes'' vote brings this in. 
Please vote ``no''.
  The SPEAKER pro tempore. Members are reminded to direct their remarks 
to the Chair.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Washington (Ms. DelBene), a terrific member of the Committee on Ways 
and Means.
  Ms. DelBENE. Mr. Speaker, I rise today in support of the Build Back 
Better Act. This transformational legislation will help grow our 
economy, get families back to work, and set our next generation up for 
long-term success.
  The bill includes a 1-year extension of the child tax credit, a 
historic middle-class tax cut for families. It has already lifted 3.5 
million children out of poverty. The bill also will help build or 
preserve over 800,000 affordable housing units over the next decade 
through an expansion of the low-income housing tax credit, ensuring 
millions more Americans will have a safe place to call home.
  There is so much more in this legislation that will deliver direct 
support to our families, like making childcare and healthcare more 
affordable and accessible and making historic investments in fighting 
the climate crisis.
  Mr. Speaker, I urge my colleagues to vote to build back better and 
support this legislation.
  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from 
Illinois (Mr. LaHood), a member of the Committee on Ways and Means.
  Mr. LaHOOD. Mr. Speaker, I rise today in strong opposition to the so-
called Build Back Better agenda. President Biden campaigned as a 
moderate problem-solver, but has governed as a radical progressive.
  Under nearly a year of Democrat control in Washington, we have 
witnessed devastating consequences, stifling inflation, massive labor 
shortages, a supply chain crisis, and devastation at our southern 
border.
  Instead of stepping back and working with Republicans to address the 
real-life issues American families are facing, President Biden and the 
Democrats are pressing ahead with the most radical legislative agenda 
in my lifetime.
  Here is what the bill does: raises taxes on Illinois farmers, middle-
income workers, and small businesses, while subsidizing the wealthiest 
individuals on the coasts; encourages the IRS to snoop on average 
Illinoisan's bank accounts; and pushes us to the brink of becoming a 
welfare state.
  Moreover, this bill is not paid for, as the Democrats claim, and will 
only bankrupt our children and grandchildren. This so-called Build Back 
Better agenda is a bad deal for Illinois and American families, and I 
urge my colleagues to vote ``no''.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from 
Connecticut (Mr. Larson), neighbor, friend, and an effective member of 
the Committee on Ways and Means.
  Mr. LARSON of Connecticut. Mr. Speaker, I thank Chairman Neal for his 
outstanding leadership.
  Wow. Can you feel the love in this room today? Can't you? I will tell 
you, I got to hand it to you, the ``vote no and take the dough'' crowd 
is pretty good. Everybody votes against the bill but then gets a 
newsletter out and takes credit for all the good work that is in the 
bill. No one voted for the American Rescue Plan, and yet, you took 
credit for that and sent letters out to people about their checks. But 
that is to be understood.
  Mr. Speaker, what this bill does is to make sure that working 
families, on average, will get $430 back in their pockets each month; 
save more than $14,000 a year in childcare; and universal pre-K will 
save families about $8,600 a year as well. Seniors will now have lower 
prescription drug prices, an estimated savings of $900 a year; and 
families in Connecticut will no longer be double-taxed on State and 
local taxes.
  Mr. Speaker, I thank Rosa DeLauro and Rich Neal for their hard work.
  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from 
Oklahoma (Mr. Hern), a member of the Committee on Ways and Means.
  Mr. HERN. Mr. Speaker, today we are a simple majority vote away from 
the largest expansion of the Federal Government in the history of this 
great Nation, ushering a new era of dependence on socialized 
government.
  We sit at a crossroads between two different directions:
  Free will or government control.
  Honest, hard work or cradle-to-grave welfare.
  Generational debt or deficit reduction.
  Tax increases or tax reduction.

[[Page H6591]]

  Socialism or economic freedom.
  American energy independence or pro-China Green New Deal.
  Mass amnesty or secure border.
  Keep jobs at home or send them overseas to China.
  Economic growth or economic surrender.
  The American people or D.C. politicians.
  History will remember which road we decide to go down. I strongly 
encourage you to choose wisely and vote ``no''--vote ``no''--on the 
build back broke bill.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from 
Illinois (Mr. Danny K. Davis), who had a substantive impact on the 
writing of this legislation.
  Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I rise to express my 
strong support for the Build Back Better Act and commend all of those 
who played a role in making it happen, especially Speaker Pelosi and 
chairman of the Ways and Means Committee, Richard Neal, and all of the 
members and staff on that committee.
  Build Back Better seriously reduces longstanding poverty among 
children. Which children? All children; poor children, Black children, 
Brown children, White children, children of disadvantaged families. It 
reduces poverty for 4 million children.
  Build Back Better will provide pre-school programs for children of 
working families across America. It even provides help for individuals 
who have prison records so that they can get jobs and go to work.
  It is good for America. It is good for every community in America.
  Mr. Speaker, I strongly support it, and I urge its passing.
  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from 
Pennsylvania (Mr. Meuser).
  Mr. MEUSER. Mr. Speaker, I thank my friend, the esteemed gentleman 
from Texas very much.
  Mr. Speaker, this break business' backs bill is the latest iteration 
of an upside-down--in fact, inverted--economic agenda, ignoring today's 
problems and doubling down on what we see are failed policies.

  What is in this partisan reconciliation bill says more about 
Democrat's Big Government agenda than people's actual needs, and it 
will exacerbate challenges currently facing working families and small 
businesses. It is an $80,000 tax break for wealthy individuals and $400 
billion tax hike on small businesses, with a total of $800 billion in 
new taxes. That is a fact.
  It subsidizes green energy but it has a new tax on natural gas, 
making heating your home more expensive. That is a fact.
  It disincentivizes work with new unaccountable entitlements while 
business owners are desperate to fill nearly 10 million jobs. It will 
increase costs on domestic businesses and manufacturers and make 
products overseas more attractive. And it is big spending that everyone 
agrees is not paid for; will increase debt to somewhere in the 
neighborhood of--I don't know, what is the debt ceiling request going 
to be?--$34-, $35-, $36 trillion on something that was said was going 
to cost zero? Decrease GDP, reduces wage growth, and drives inflation 
higher. We need to make our country better not make government bigger.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from New 
York (Mr. Higgins), author, scholar, and effective member of the 
Committee on Ways and Means.
  Mr. HIGGINS of New York. Mr. Speaker, I thank the chairman for 
yielding, for his integrity, and his steady leadership throughout this 
process.
  I am proud of the legislation that we are considering today, and the 
entire House should be as well. Over the past two decades we have spent 
$6 trillion in three Middle East wars.
  Today, this Congress is cementing a commitment to finally nation-
building at home, in America and for Americans; investments in American 
families to help them become healthier, happier, and more productive 
into and through adulthood.
  Mr. Speaker, because of this bill, the future of my community in 
Western New York will be stronger and more resilient. We are building 
back better, stronger, and longer. This bill reflects our optimism as 
Americans to confront our challenges with strength.
  Mr. Speaker, I strongly urge my colleagues to support this 
legislation.

                              {time}  1200

  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from 
Georgia (Mr. Ferguson), the chief deputy whip and a member of the Ways 
and Means Committee.
  Mr. FERGUSON. Mr. Speaker, what I really want to say about this bill 
would probably make me wind up on the prayer list of the church folks 
back home.
  This bill is horrendous for America. Most Americans want a job; they 
want a decent, safe place to live; they want their kids educated; and 
they want to be left alone to lead their lives the way that they want 
to. This bill violates every one of those basic tenets.
  It is going to destroy the economy and raise inflation. People will 
not be economically more secure.
  It is encouraging additional illegal immigration at our southern 
border, and it is making our communities less safe.
  It is going to destroy private daycare. This bill is going to allow 
the government to tell you where you have to have your kids educated.
  Has the majority not learned anything from what happened in the 
elections a couple of weeks ago?
  By the way, it is going to tell you how you have to live your life, 
what kind of car you can buy, what kind of business you can run, and 
how to operate your business. Americans are sick and tired of this kind 
of government overreach.
  Mr. Speaker, 87,000 new IRS agents to spy on Americans' bank 
accounts, to come dig in the cushions of your couch, in order to pay 
for SALT? This thing stinks like 3-day-old roadkill on south Georgia 
asphalt. Vote ``no.''
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Wisconsin (Ms. Moore), the passionate advocate for the people of 
Milwaukee.
  Ms. MOORE of Wisconsin. Mr. Speaker, I am so proud to support the 
Build Back Better Act. It is time for us to pass this historic 
legislation that invests in our communities, our workers, our children, 
and our families, while asking the wealthiest among us, who have 
benefited from our growing economy, to pay their fair share.
  These investments will lower the costs of childcare, which has kept 
women out of the labor force. It invests in our future workforce 
through our children. It helps us tackle the climate crisis, bolsters 
resilience, and creates economic and job opportunities and good-paying 
jobs for millions. I could go on and on and on.
  Mr. Speaker, I want to end by talking about the millions of people 
who depend upon insulin, something that has been a bipartisan issue. It 
is going to lower those costs to just $35 a month. That is reason 
enough to pass the Build Back Better Act.
  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from 
Pennsylvania (Mr. Smucker), a member of the Ways and Means Committee.
  Mr. SMUCKER. Mr. Speaker, I hope the American people are watching 
closely today because there is a fundamental question being debated, 
and that is: What should the role of the Federal Government be in each 
of our daily lives, and what economic system best provides for the 
opportunity and well-being of the American people? That is the question 
today.
  Democrats believe--they said this in our hearings--that the Federal 
Government should provide everything to ensure all needs are met for 
middle-income Americans.
  We believe in earned success. We believe in rewarding hard work. That 
system, the free market system, has provided more opportunity than ever 
before in the history of mankind.
  Mr. Speaker, freedoms aren't taken all at once. They are taken bit by 
bit by bit. This is a move toward an entirely different economic 
system. It is a move toward socialism.
  We know that doesn't work. Look at every country in history that has 
overdelivered and overspent. It has not ended well.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from 
Virginia (Mr. Beyer), whose economic advice abounds through this 
institution.
  Mr. BEYER. Mr. Speaker, I thank the chairman for his extraordinary

[[Page H6592]]

leadership on the Ways and Means Committee in putting this together, 
and I urge all of my colleagues to support the Build Back Better Act.
  Mr. Speaker, this bill finally makes it clear that our government's 
most important responsibility is to give every American the possibility 
for life, liberty, and the pursuit of happiness.
  The Build Back Better Act makes the boldest actions to fight the 
existential crisis of climate change.
  It contains some of the most important benefits for American families 
ever contemplated by Congress: lowering drug prices, paid family leave, 
affordable childcare and healthcare, universal pre-kindergarten, and an 
extended child tax credit.
  Mr. Speaker, this bill would boost our economy in the best and 
strongest way by investing in our workforce and increasing labor force 
participation.
  It will create long-term structural benefits for our economy that 
strengthen our supply chains, reduce the effects that drive up energy 
prices, and restrain inflation.
  Along with the recently enacted infrastructure bill, it will create 
millions of jobs.
  Mr. Speaker, a vote for the Build Back Better Act is a vote for 
sustained, long-term economic growth that will benefit generations of 
Americans.
  I urge my colleagues to vote ``yes.''
  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Texas 
(Mr. Roy).
  Mr. ROY. Mr. Speaker, I can't help but wonder what my so-called 
moderate colleagues on the other side of the aisle are waiting for, 
with bated breath, from a CBO score.
  You don't need a CBO score to know that $100 billion worth of 
amnesty, when our border is wide open, will cripple the State of Texas, 
cripple our country, and cause thousands of pounds of fentanyl to pour 
into our country.
  You don't need a CBO score to know that a 900 percent increase in 
OSHA fines to go after small businesses and shut them down with 
tyrannical vaccine mandates is going to cripple jobs and small 
businesses across the country.

  You don't need a CBO score to know that $500 billion of unicorn 
climate agenda energy policies are going to drive up heating costs, 
drive up the cost of gasoline, and cripple our economy. You don't need 
a CBO score to oppose that.
  You don't need a CBO score to know that $300 billion of tax giveaways 
to basically blue State Yankees is going to somehow fix our country.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from 
Pennsylvania (Mr. Evans), a highly effective member of the Ways and 
Means Committee and a terrific gentleman from Philadelphia.
  Mr. EVANS. Mr. Speaker, Philadelphians have been asking for help even 
before the pandemic, help with things like childcare, the cost of 
prescription drugs, housing, and jobs.
  Philadelphia, I have heard you. I am proud to vote for the Build Back 
Better Act and the infrastructure bill this week.
  Most of all, today, we make history. We make history because we are 
doing something for the American public. And it is important to 
remember, Build Back Better sends a message to every single American 
that we are on their side.
  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from 
Nebraska (Mr. Smith), the ranking member of the Select Revenue 
Subcommittee.
  Mr. SMITH of Nebraska. Mr. Speaker, I rise in opposition. It seems 
the majority has seen everything that the American people are angry 
about and are doubling down instead of addressing the very problems 
that need to be addressed.
  Americans are angry about the proposed million-dollar payments to 
folks who want to come to our country illegally. This bill makes that 
worse.
  Americans are angry they can't get the IRS to answer the telephone. 
This bill spends $45 billion to further weaponize the IRS.
  Americans are angry that store shelves are empty and prices are 
rising because of worker shortages. This bill makes it worse.
  Americans can't get necessities like cars. In my district, newly 
manufactured farm equipment sits unfinished and undelivered because of 
chip shortages. This bill makes it worse.
  Our economy is hurting. We need to get the American people back to 
work. This bill is only going to make life harder and more expensive 
for the very people who some are claiming to try to help.
  Mr. Speaker, I urge a ``no'' vote.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from New 
Jersey (Mr. Pallone), the chairman of the Energy and Commerce Committee 
and one of the only two Members left from the class of 1988 in 
Congress.
  Mr. PALLONE. Mr. Speaker, I rise in strong support of the Build Back 
Better Act.
  This legislation builds on our efforts to make healthcare more 
affordable and accessible for all Americans, including millions 
unfairly caught in the Medicaid coverage gap.
  It also makes prescription drugs more affordable by finally giving 
Medicare the ability to negotiate lower drug prices with the 
pharmaceutical companies. Seniors will also pay no more than $2,000 a 
year in out-of-pocket costs for their drugs, and the legislation 
penalizes Big Pharma companies that unfairly raise prices.
  The Build Back Better Act also aggressively tackles the worsening 
climate crisis. The new greenhouse gas reduction fund will accelerate 
innovation in low- and zero-emission technologies. Rebates for 
homeowners to electrify and make their houses more efficient will save 
them money and reduce emissions. The new methane emissions reduction 
program will drive down pollution from the oil and gas industry.
  Mr. Speaker, we simply cannot wait any longer to combat the climate 
crisis. Bold action is needed now.
  The Build Back Better Act invests in the American people and our 
future and deserves strong support today.
  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentlewoman from West 
Virginia (Mrs. Miller), a member of the Ways and Means Committee.
  Mrs. MILLER of West Virginia. Mr. Speaker, since President Biden has 
taken office, he has tried to increase taxes on everyone. His Build 
Back Better Act--or as I like to call it, build back broke--is the 
latest example of his radical tax and spend agenda.
  This bill includes $4.5 trillion in new spending, $1.5 trillion in 
new taxes, and will cause $3 trillion in new debt.
  I introduced two amendments in this legislation, one that would 
ensure Americans still have access to lifesaving cures and one that 
would ensure Members of Congress do not benefit from Democrats' SALT 
deduction. Democrats rejected both.
  If passed, this reconciliation package will negatively affect all 
facets of our day-to-day lives. It will make energy more expensive, tax 
small family businesses, ship American jobs overseas, and make the 
inflation crisis worse.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Connecticut (Ms. DeLauro), the chairwoman of the Appropriations 
Committee, who is an advocate on behalf of the child tax credit.
  Ms. DeLAURO. Mr. Speaker, the Build Back Better Act strengthens our 
economy and changes the lives of millions of Americans.
  It fights inflation because it is fully paid for by making big 
corporations and the wealthiest pay their fair share. No one making 
under $400,000 will pay a penny more in taxes.
  It expands and improves the child tax credit, the biggest tax cut for 
working families with children, a transformative policy that the 
chairman and I have been fighting for, for nearly 20 years. It is a 
lifeline for the middle class and lifts over 50 percent of children out 
of poverty.
  It guarantees that the cost of childcare will not exceed 7 percent of 
a family's income. It includes paid family and medical leave, which 
responds to the needs of all people so they can take time off to care 
for themselves or a loved one.
  It delivers a historic and once-in-a-generation investment in 
combating climate change that cannot wait.
  It lowers healthcare costs. It provides universal pre-K. I could go 
on and on.
  We have an opportunity to build the architecture for the future for 
working families. Working and middle-class families across this country 
are counting on us to build a better and stronger America.

[[Page H6593]]

  

  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from New 
Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Mr. Speaker, the U.S. Conference of Catholic 
Bishops said it was completely unacceptable that the Build Back Better 
Act expands taxpayer funding of abortion in many new and expanding 
programs.
  The National Right to Life Committee has pointed out that even 
ObamaCare contained a provision that specifically permitted States to 
ban elective abortions in their exchanges. The BBB, starting in 2024, 
would explicitly override the laws of those States.
  Mr. Speaker, Mr. Biden once said that those of us who are opposed to 
abortion should not be compelled to pay for them. This bill coerces us 
to pay for abortion on demand.
  Mr. Speaker, unborn babies need the President of the United States 
and Members of Congress to be their friends and advocates, not powerful 
adversaries subsidizing their violent destruction.

                              {time}  1215

  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from New 
Jersey (Mr. Pascrell), who is always quotable.
  Mr. PASCRELL. Mr. Speaker, I congratulate the gentleman on his 
efforts in this legislation.
  Mr. Speaker, last November the American people put Democrats in 
charge to raise this Nation from its knees, to improve the lives of 
working men and women, to confront powerful interests, and to rebuild 
for the next century. New Jersey taxpayers sent us to provide real 
relief from the odious SALT cap.
  Don't pick out two or three districts in the country. Look at the 
whole situation, and then decide about this low-hanging fruit that you 
took to pay for your disaster in 2017.
  This legislation is a blueprint for America to build back better.
  And what was your answer?
  We got back the next week to vote on the other bill, and you voted to 
adjourn. You want to go home. You don't want to vote on any of those 
things. You did it. Facts matter. Dispute it.
  Only one party is making raising children affordable.
  Only one party is creating a green future that aids unions and 
supports domestic manufacturing.
  Only one party will close the tax gap and provide tax fairness for 
working Americans.
  The American people elected Democrats to act with urgency for the 
present and the future, Mr. Speaker.
  The SPEAKER pro tempore. Members are reminded to direct their remarks 
to the Chair.
  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from 
Illinois (Mr. Bost).
  Mr. BOST. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, the Build Back Better plan is a big, bloated joke. The 
problem is it is not funny.
  At a time when inflation is skyrocketing, House Democrats are 
doubling down on their socialist wish list.
  Is your family struggling financially after endless COVID shutdowns?
  Don't worry. The Democrats have a plan. They are going to be giving 
$80 billion to the IRS to double the number of agents who can track 
your spending habits.
  Worried about whether you can afford to put gas in your car or heat 
your home this year?
  Well, House Democrats have a plan for that too: huge tax hikes on 
natural gas, kneecapping American-made energy products to pour billions 
into the Green New Deal.
  Are you concerned about the security on our borders and keeping 
communities safe?
  House Democrats are providing amnesty for 8 million illegal 
immigrants.
  And we still don't know what the cost of this bill is going to be. 
There is no report here yet.
  Mr. Speaker, we should not be voting on this monstrosity, and I urge 
my colleagues to oppose it.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from 
Illinois (Mr. Schneider). He is a very effective gentleman, and he is 
always Midwestern nice.
  Mr. SCHNEIDER. Mr. Speaker, I rise in strong support of the Build 
Back Better Act that will make transformative investments in the lives 
of everyday Americans, all without adding to the deficit.
  This bill is good for our country. It will unquestionably enhance the 
future for our children, but also improve the here and now for their 
parents and grandparents creating opportunities like universal pre-K.
  It takes on national challenges by lowering the cost of prescription 
drugs and, critically important, giving working families a tax cut.
  I have said from the start that I want a bill that will address four 
things: climate change, kids and education, healthcare, and economic 
growth. This legislation checks every box.
  I am proud of the work of all the House committees, and particularly 
our Ways and Means Committee. I am also proud that several initiatives 
I have long championed are included in this bill, including sustainable 
aviation fuel to fight climate change, Health Profession Opportunity 
Grants and graduate medical education to make healthcare more 
accessible, onshore wind manufacturing tax credits to bolster domestic 
energy supply chains, and, significantly, tax cuts through the child 
tax credit and State and local tax deduction.
  Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Texas 
(Mr. Arrington), who is a key member on the Ways and Means Committee.
  Mr. ARRINGTON. Mr. Speaker, I thank my colleague from the great State 
of Texas for yielding.
  Mr. Speaker, I have said a lot about the disastrous effects of this 
gargantuan tax and spend bill on the heels of an economy that is 
sputtering on account of massive spending, which is driving inflation, 
and on the unemployment policies that have locked labor on the 
sidelines, and you have got vaccine mandates coming down the pike. This 
is the proposal from my Democrat colleagues and my friends.
  What I can't understand, for the life of me, Mr. Speaker, is that in 
this bill, that is supposed to go after the inequity gap in our 
country, they have the largest spending program as a giveaway to 
millionaires from high-tax States like New York and California, $280 
billion. There are special interest carve-outs. This looks like a 
Christmas tree of giveaways to political allies, unions, plaintiffs' 
attorneys, and media corporations.
  That is all in this bill, Mr. Speaker. I plead with my colleagues: 
Relent.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Panetta), who is a very effective member of the Ways 
and Means Committee.
  Mr. PANETTA. Mr. Speaker, I thank the chairman for his leadership and 
for his love of this institution.
  Mr. Speaker, the Build Back Better Act is about future opportunity 
for our districts and for our democracy.
  As an immigrant-fueled, frontier nation, we value individual mobility 
and reward hard work. That is the foundation of why we are the richest 
and most successful nation ever. However, we are at an inflection point 
in which the past failure to invest in our working families has led to 
the degradation of our common life. That is why now more than ever we 
must provide more for the people who have plied through the pandemic, 
who propel our economic prosperity and promote our national unity.

  This legislation does that by focusing on children, education, 
healthcare, and affordable housing; by furthering our fight for clean 
energy and climate resiliency with e-buses, e-bikes, and microgrids; 
and by financing it in a way that protects our family farms and 
promotes our farm workers.
  For those of you who vote against this legislation today, you will 
probably take credit for it tomorrow because this investment will 
benefit not just my constituents but yours, too, because this bill 
provides every working family, not just with the resources to succeed 
in our country but with the dignity they deserve by playing a part in 
our democracy.
  Mr. BRADY. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, I have a whole host of organizations, coalitions, 
patient groups, health advocacy groups, institutions, associations, and 
small businesses who have vehemently opposed and raised alarming 
concerns about this bill.
  Mr. Speaker, I include in the Record that list.

[[Page H6594]]

  


                     List of Opposing Organizations

       Academy of General Dentistry (AGD), AICC, The Independent 
     Packaging Association, Altria; America's Business Benefit 
     Association, Coalition of Texans with Disabilities, Coalition 
     of Wisconsin Aging and Health Groups, Color of Crohn's and 
     Chronic Illness, Communicating for America, Inc.; Consumer 
     Action for a Strong Economy, Conservatives for Property 
     Rights, Council for Affordable Health Coverage, debra of 
     America, Global Colon Cancer Association, Healthcare 
     Leadership Council, HIV + Hepatitis Policy Institute, 
     International Cancer Advocacy Network, Illinois Biotechnology 
     Innovation Organization, MLD Foundation, National Taxpayers 
     Union, Noah's Hope--Hope4Bridget Foundation, Rare Access 
     Action Project, Small Business & Entrepreneurship Council, 
     SYNGAPl Foundation, The Ryan Foundation, Taylor's Tale, 
     American Association of Oral and Maxillofacial Surgeons 
     (AAOMS), American Bankers Association, American Builders and 
     Contractors, American Chemistry Council, American Dental 
     Association, American Gas Association.
       American Mold Builders Association, American Pet Products 
     Association, American Soybean Association, American 
     Subcontractors Association, American Trucking Associations, 
     National Association of Convenience Stores, National 
     Association of Truckstop Operators, SIGMA: America's Leading 
     Fuel Marketers, Truckload Carriers Association, Asian 
     American Hotel Owners Association (AAHOA), Associated 
     Builders and Contractors, Association of Community Cancer 
     Centers (ACCC), Business Roundtable, Center for Individual 
     Freedom, Center for Urban Renewal and Education (CURE), 
     Chamber of Commerce, Comcast Corporation, Council for 
     Affordable Health Coverage, National Association of 
     Manufacturers, Small Business & Entrepreneurship Council, 
     U.S. Chamber of Commerce, Council for Citizens Against 
     Government Waste, Energy Marketers of America, EveryLife 
     Foundation for Rare Diseases, Family Business Estate Tax 
     Coalition, Foodservice Consultants Society International 
     (FCSI) The Americas, FreedomWorks, Gas and Oil Assoication of 
     West Virginia, Shale Coalition, Ohio Oil and Gas Association.
       Global Cold Chain Alliance, Independent Community Bankers 
     of America, Independent Electrical Contractors, Independent 
     Petroleum Association, International Franchise Association 
     (IFA), John Deere, Main Street Employers, Medicare Access for 
     Patients Rx Coalition (MAPRx), Motion Picture Association, 
     National Association of Federally-Insured Credit Unions 
     (NAFCU), National Association of Home Builders (NAHB), 
     National Association of Manufacturers, National Association 
     of Realtors, National Association of the Remodeling Industry 
     (NARI), National Electrical Manufacturers Representatives 
     Association (NEMRA), National Federation of Independent 
     Business (NFIB), National Independent Automobile Dealers 
     Association (NIADA), National Infusion Center Association, 
     National Marine Distributors Association, National Mining 
     Association, National Organization for Rare Disorders, 
     National Ready Mixed Concrete Association, National 
     Restaurant Association, National Retail Federation, National 
     Small Business Association, National Stone, Sand and Gravel 
     Association; National Taxpayers Union, National Tooling and 
     Machining Association.
       NATSO, Representing America's Travel Plazas and Truck 
     Stops, New Jersey Business Coalition, North American Die 
     Casting Association, Ohio Business Roundtable, Ohio Farm 
     Bureau, Outdoor Power Equipment and Engine Service 
     Association, Precision Machined Products Association, 
     Precision Metalforming Association, Promote America's 
     Competitive Economy (PACE) Coalition, Promotional Products 
     Association International (PPAI), Retail Industry Leaders 
     Association, Rheumatology community, S Corporation 
     Association, Secondary Materials and Recycled Textiles 
     Association (SMART), SIGMA: America's Leading Fuel Marketers, 
     Small Business Council of America (SBCA), Small Business 
     Legislative Council (SBLC), Specialty Equipment Market 
     Association, Susan B. Anthony List, Symetra, The Credit Union 
     National Association (CUNA), The Integrated Canada-U.S. 
     Automotive Industries, Tire Industry Association (TIA), 
     United Veterinary Services Association, American Fuel and 
     Petrochemical Manufacturers, American Petroleum Institute, 
     Chemical Fabrics and Film Association, Communications Cable 
     Connectivity Association, EPS Industry Alliance, Extruded 
     Polystyrene Foam Association, Flexible Packaging Association.
       Foodservice Packaging Institute, International Sleep 
     Products Association, Manufacturers Association for Plastics, 
     Processors Motor Equipment, Manufacturers Association, 
     National Association for PET Container Resources, National 
     Association of Chemical Distributors, National Association of 
     Manufacturers, Plastic Pipe Institute, Plastics Industry 
     Association, Plumbing Manufacturers International 
     Polyurethane Foam Association, PRINTING United Alliance, 
     Produce Marketing Association, Single Ply Roofing Industry, 
     Uni-Bell PVC Pipe Association, Vinyl Institute American Hotel 
     and Lodging Association, American Resort Development 
     Association, American Seniors Housing Association, Asian 
     American Hotel Owners Association, Associated Builders and 
     Contractors, Building Owners and Managers Association (BOMA) 
     International, CCIM Institute, Council for Rural and 
     Affordable Housing, CRE Finance Council, ICSC, Institute of 
     Real Estate Management, Leading Builders of America, 
     Manufactured Housing Institute, Mortgage Bankers Association, 
     NAIOP, The Commercial Real Estate Development Association, 
     Nareit, National Apartment Association, National Multifamily 
     Housing Council, REALTORS Land Institute, Society of 
     Industrial and Office REALTORS, The Real Estate Roundtable, 
     Wine Spirits, Wholesalers of America, National Beer 
     Wholesalers Association.
  Mr. BRADY. Mr. Speaker, I include in the Record a letter from the 
National Federation of Independent Business, the Nation's leading small 
business advocacy group underscoring how this proposed bill will impose 
a small business surtax on already struggling mom-and-pop shops across 
America.


                                                         NFIB,

                                 Washington, DC, November 5, 2021.
       Dear Representative: On behalf of NFIB, the nation's 
     leading small business advocacy organization, I write in 
     strong opposition of H.R. 5376, the Build Back Better Act. 
     This legislation would increase taxes, impose new mandates, 
     and increase penalties on small business owners, threatening 
     to disrupt the fragile small business recovery. H.R. 5376 
     will be considered an NFIB Key Vote for the 117th Congress.
       NFIB opposes efforts to raise taxes on small businesses. 
     The Build Back Better Act broadens existing passive income 
     taxes and applies them to active income, creating a true 
     ``Small Business Surtax.'' Specifically, the legislation 
     substantially expands the 3.8% net investment income tax 
     (NIIT) on pass-through business income and applies it to all 
     business income above $400,000 (individual filers) and 
     $500,000 (joint filers). The threshold is even lower for 
     family businesses held as trusts, with the surtax applying to 
     income above $13,000. These thresholds are not indexed for 
     inflation, so the ``Small Business Surtax'' will impact an 
     increasing number of businesses and an increasing percentage 
     of business income every year.
       Three-quarters of small employers are organized as pass-
     through entities (S Corporations, LLCs, Sole Proprietorships, 
     and Partnerships). The ``Small Business Surtax'' would 
     negatively impact more than 750,000 pass-through businesses 
     and over half of pass-through business income. When combined 
     with the other surtaxes on certain pass-through businesses, 
     these tax changes create a 48.8% federal effective tax rate 
     on pass-through business income before even considering state 
     and local taxes. NFIB's latest tax survey, small business 
     owners shared that federal business income taxes were the 
     most burdensome tax on both a financial and administrative 
     basis. These taxes will divert resources away from job 
     creation, compensation increases, and business investment and 
     further complicate tax compliance. The permanent tax 
     increases fund temporary spending programs, meaning 
     additional tax hikes will be necessary if the programs are 
     extended and offset.
       NFIB is also concerned about the impact of a government-run 
     paid family and medical leave program may have on small 
     employers. The Build Back Better Act creates a four-week 
     federal paid family and medical leave program for all workers 
     without regard to employer size. This program would be a 
     significant change to small employers (fewer than 50 
     employees) who are currently not subject to the Family and 
     Medical Leave Act (FMLA). Congress wrote this exemption into 
     law because they understood that an employer mandate like 
     FMLA would be burdensome, and compliance would be difficult. 
     In a recent NFIB member ballot, 90% of small businesses 
     believe that small employers should be exempt from paid sick 
     and family leave mandates. Requiring small business 
     participation in a federal paid family and medical leave 
     program would take away the flexibility many small businesses 
     need to be able to manage their workforce at a time when half 
     of small business owners are struggling to fill open 
     positions.
       NFIB opposes increased penalty amounts and increased 
     penalty exposure on small businesses. The Build Back Better 
     Act increases civil monetary penalties on small businesses 
     with isolated errors when trying to comply with complicated 
     federal employment law and increases penalty exposure for 
     employers by expanding the Affordable Care Act's employer 
     mandate. Fair Labor Standard Act (FLSA) violations currently 
     operate under a strict liability standard, meaning employers 
     who make an honest misinterpretation of the law or make an 
     isolated mistake are not given leniency. The legislation also 
     increases civil monetary penalties for violations under the 
     Occupational, Safety, and Health Act (OSHA), as well as those 
     under the National Labor Relations Act (NLRA). If penalties 
     are substantially increased, a single error could ruin a 
     small employer and permanently put them out of business. 
     Further, the legislation lowers the definition of 
     ``affordability'' for the ACA's employer mandate, which would 
     drive up health insurance costs for employers. Small 
     businesses do not have the operating revenue of larger 
     businesses and cannot simply absorb these substantial fines 
     and cost increases. They also do not have legal and human 
     resources departments to negotiate lower fines with agency 
     officials or lower premiums with health insurers.
       Small businesses are struggling with labor shortages, 
     rising inflation, supply chain disruptions, and increasing 
     threats from

[[Page H6595]]

     COVID-19 variants. Congress should not impose significant tax 
     increases, inflexible mandates, and massive new civil 
     monetary penalties on small businesses as they would compound 
     these problems and damage the fragile small business 
     recovery. NFIB opposes H.R. 5376 and will consider the 
     legislation an NFIB Key Vote for the 117th Congress.
           Sincerely,

                                                Kevin Kuhlman,

                                                   Vice President,
                                     Federal Government Relations.
  Mr. BRADY. Mr. Speaker, I include in the Record a letter from 
American Farm Bureau who represents nearly 6 million families and 
American farmers asking us to reject passage of this bill due to 
inflation and how this hurts America's farmers.


                              American Farm Bureau Federation,

                                Washington, DC, November 16, 2021.
     Hon. ___
     House of Representatives,
     Washington, DC.
       Dear Representative: On behalf of the Farm Bureau's nearly 
     6-million member families, I write to urge you to oppose the 
     Build Back Better Act, a piece of legislation that raises 
     taxes and spends more taxpayer money at a time our country 
     can afford to do neither.
       Inflation is driving up costs across the economy, and 
     greatly increased federal spending is a contributing factor. 
     Federal policy choices have raised energy prices, leading to 
     higher costs for everything from food to used cars. And yet 
     this legislation will further exasperate that pain through a 
     methane tax on oil and gas.
       The Consumer Price Index is at a 31-year high, and unlikely 
     to reach historical norms any time soon, having risen 6.2% 
     since this time last year. Inflation is a hefty tax on every 
     American's paycheck.
       While certain funding increases or newly created programs 
     may, by themselves, be commendable, the totality of the 
     increased federal spending in this bill coupled with the 
     enormously burdensome tax increases leveled on businesses and 
     individuals to pay for it will stifle economic growth and 
     destroy jobs. Ultimately, the result could be the 
     consolidation or sale of family farms and ranches.
       The legislation also seeks to raise revenue by increasing 
     fines and penalties as much as ten times their current amount 
     for violations of the Occupational Safety and Health Act, 
     Fair Labor Standards Act, and Migrant and Seasonal 
     Agricultural Worker Protection Act. The missteps of farmers 
     and ranchers when navigating complex, oftentimes onerous 
     regulations and laws should not serve as a funding mechanism. 
     While Farm Bureau does not condone bad actors when it comes 
     to appropriately managing safety, the seasonal workforce, and 
     employee pay on the farm, fines associated with OSHA, FLSA, 
     or MSPA violations should not be determined based on their 
     ability to serve as a pay-for in a partisan legislative 
     process. If enacted, these provisions could put well-meaning 
     farmers and ranchers out of business.
       While some elements of the reconciliation package would 
     benefit agriculture, the massive amount of spending and tax 
     increases required to pay for the plan outweigh the gains we 
     would see in rural America. Also, the manner in which they 
     were crafted is concerning. The agriculture industry and the 
     committees of jurisdiction have held to a long tradition of 
     bipartisanship that we have seen erode over this past year. 
     We hope this does not negatively impact future farm policy 
     discussions.
       In addition, the best policy is that which is discussed in 
     an open and transparent manner with input from a variety of 
     stakeholders. Reconciliation has been anything but 
     transparent with billions of dollars not even discussed by 
     the committees of jurisdiction. This should concern all 
     advocates of good and responsible government.
       The economy is still recovering from the pandemic, supply 
     chains are stressed, and inflation is putting pressure on 
     America's pocketbooks. Now is not the time to put an 
     additional burden on families struggling to make ends meet. 
     After watching months of contentious, partisan debate 
     surrounding the Build Back Better Act, Farm Bureau can only 
     stand in opposition to the legislation.
           Respectfully,
                                                     Zippy Duvall,
                                                        President.
  Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Gomez), whose negotiating skill on USMCA really 
impressed me.
  Mr. GOMEZ. Mr. Speaker, I rise today as a second-generation American. 
I am the son of Mexican immigrants who came here in pursuit of the 
American promise; a promise that if you work hard and follow the rules, 
you will succeed, and your children and grandchildren will build on 
that success.
  Unfortunately, the promise has eluded far too many Americans, 
particularly the working class and people of color. Although some of 
them feel America has given up on them, they have refused to give up on 
America. That is why we must pass the Build Back Better Act to make 
historic investments in our people and our planet and put the American 
promise within reach of an entire generation for the first time.
  Through the Build Back Better Act, we have an opening to invest in 
children and families by expanding the child tax credit and universal 
pre-K, give millions of families an affordable place to call home, and 
tackle climate change while creating good-paying jobs. We have a chance 
to redefine our commitment to the American people and to move toward a 
more just, equitable, and perfect Union.
  Mr. BRADY. Mr. Speaker, I continue to reserve the balance of my time.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from Nevada 
(Mr. Horsford), who is a terrific advocate for all things Nevada.
  Mr. HORSFORD. Mr. Speaker, I rise to highlight the historic 
investments that Ways and Means Democrats have secured in the Build 
Back Better Act.
  For years, Americans have seen their cost of living rise while my 
colleagues across the aisle focused on tax cuts for the wealthy and the 
well-connected. At long last, with Democrats in the majority, Congress 
is delivering the change that our constituents deserve.
  As we rebound from the pandemic, I am very proud that the Build Back 
Better Act includes my bills to cap out-of-pocket drug costs for 
seniors, lower healthcare premiums for working students, and improve 
wages, benefits, and training for workers at nursing homes and 
hospitals.
  I also want to acknowledge the major investments in our clean energy 
future. To tackle the climate crisis and create good union jobs, the 
Build Back Better Act includes my bills to invest in clean energy 
transmission and incentivize production of dynamic glass.
  The Build Back Better Act will pay for itself, create millions of 
good-paying jobs, and lower costs for our families. And critically, 
through a $5 billion investment in my bill to prevent community 
violence, the Build Back Better Act will keep our communities safe.
  Mr. Speaker, I urge this body to pass this bold investment in 
America.
  Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from the 
Virgin Islands (Ms. Plaskett), who is a very effective member of the 
Ways and Means Committee.
  Ms. PLASKETT. Mr. Speaker, with the Build Back Better Act, we are 
investing in a strong economy, in jobs, and ensuring that children, 
families, and all of our communities can compete and succeed equitably 
in the 21st century.
  This will tremendously benefit all districts, including districts 
whose Members will not vote for the bill. No doubt many of them will 
try to take credit for this as they stand against this transformative 
investment in our economic future.
  Build Back Better fights inflation because it is paid for and because 
it helps working people return to work, increasing supply. Build Back 
Better reduces the deficit, as we have seen from scoring that has been 
released as we developed the package.
  Americans overwhelmingly support Build Back Better because the 
American people broadly agree we face an urgent choice between 
Republicans who insist on keeping the economy that serves the 
wealthiest and the biggest corporations or the Democrats who are giving 
middle-class families a hand up at achieving the American Dream.
  We have millionaires and billionaires paying lower tax rates than 
teachers, cops, and firefighters.
  Stop pretending you care about balancing the budget, the deficit, and 
the middle class. We saw what you cared for in the 2017 tax grab.
  Mr. Speaker, vote to build back better.
  Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
  Mr. NEAL. Mr. Speaker, I reserve the balance of my time.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of H.R. 5376 is postponed.

                          ____________________