[House Report 117-130]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-130
_______________________________________________________________________
BUILD BACK BETTER ACT
----------
R E P O R T
of the
COMMITTEE ON THE BUDGET
HOUSE OF REPRESENTATIVES
to accompany
H.R. 5376
together with
MINORITY VIEWS
BOOK 2 OF 3
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 27, 2021.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-130
_______________________________________________________________________
BUILD BACK BETTER ACT
__________
R E P O R T
of the
COMMITTEE ON THE BUDGET
HOUSE OF REPRESENTATIVES
to accompany
H.R. 5376
together with
MINORITY VIEWS
BOOK 2 OF 3
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 27, 2021.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
45-623 WASHINGTON : 2021
VOTES OF THE COMMITTEE ON THE BUDGET
----------
Clause 3(b) of House Rule XIII requires each committee
report to accompany any bill or resolution of a public
character to include the total number of votes cast for and
against each record vote, on a motion to report and any
amendments offered to the measure or matter, together with the
names of those voting for and against.
On September 25, 2021, the Committee met in open session, a
quorum being present, adopted and ordered reported the Build
Back Better Act. The Committee took the following votes:
ROLL CALL VOTE 1
Republican motion to postpone consideration of the House
Budget Committee Print pursuant to the reconciliation
instructions set forth in Title II of S. Con. Res. 14, the
Concurrent Resolution on the budget for fiscal year 2022.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ..... X ........ ........ ..... ........
(CA)
MOULTON ..... X ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 21.
ROLL CALL VOTE 2
Vote to report out the House Budget Committee Print
pursuant to the reconciliation instructions set forth in Title
II of S. Con. Res. 14, the Concurrent Resolution on the budget
for fiscal year 2022.
----------------------------------------------------------------------------------------------------------------
Name & State Aye No Answer Present Name & State Aye No Answer Present
----------------------------------------------------------------------------------------------------------------
YARMUTH (KY) X SMITH (MO) X ................
(Chair) (Ranking)
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X ................. JACOBS (NY) X ................
SCHAKOWSKY (IL) X ................. BURGESS (TX) X ................
KILDEE (MI) X ................. CARTER (GA) X ................
MORELLE (NY) X ................. CLINE (VA) X ................
HORSFORD (NV) X ................. OEBERT (CO) X ................
LEE (CA) X ................. DONALDS (FL) X ................
CHU (CA) X ................. FEENSTRA (IA) X ................
PLASKETT (VI-At X ................. GOOD (VA) X ................
Large)
WEXTON (VA) X ................. HINSON (IA) X ................
SCOTT (VA) X ................. OBERNOLTE (CA) X ................
JACKSON LEE (TX) X ................. MILLER (WV) X ................
COOPER (TN) X ................. ................ ................
SIRES (NY) X ................. ................ ................
PETERS (CA) X ................ ................
MOULTON (MA) X ................. ................ ................
JAYAPAL (WA) X ................. (Return to ................
Chair)
----------------------------------------------------------------------------------------------------------------
TOTALS: Ayes 20 and Noes 17.
ROLL CALL VOTE 3
A motion offered by Mr. Smith that the Committee on Budget
direct its Chairman to request the rule providing for
consideration of the Build Back Better Act prevent new or
expanded benefits from going to individuals making more than
$100,000 per year or families making more than $200,000 per
year and ensure that the current law capped State and Local Tax
(SALT) deduction is not increased or removed.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 20.
ROLL CALL VOTE 4
A motion offered by Mr. Kelly that the Committee on the
Budget direct its Chairman to request that the rule providing
for consideration of the Build Back Better Act make in order an
amendment to strike funding for the Environmental Protection
Agency to carry out a fee on methane emissions from petroleum
and natural gas systems.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ..... X ........ ........ ..... ........
(CA)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 20.
ROLL CALL VOTE 5
Description of Vote: #5 A motion offered by Mr. McClintock
that the Committee on the Budget direct its Chairman to request
that the rule providing for consideration of the Build Back
Better Act make in order an amendment that would strike all
provisions of the bill that provide lawful permanent residence
status to undocumented immigrants, which include Dreamers,
farmworkers, Temporary Protected Status immigrants, and
essential workers.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ..... X ........ ........ ..... ........
(CA)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 20.
ROLL CALL VOTE 6
A motion offered by Mr. Grothman to allow no federal
education benefits in the Build Back Better Act to go to those
granted deferred enforced departure, deferred action pursuant
to the Deferred Action for Childhood Arrivals policy of the
Secretary of Homeland Security, or temporary protected status
under Section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a).
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ..... X ........ ........ ..... ........
(CA)
MOULTON ..... X ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 20.
ROLL CALL VOTE 7
A motion offered by Mr. Smucker that the Committee on the
Budget direct its Chairman to request that the rule providing
for consideration of the Build Back Better Act not make in
order an amendment that would allow the elimination of stepped-
up basis.
----------------------------------------------------------------------------------------------------------------
Name & State Aye No Answer Present Name & State Aye No Answer Present
----------------------------------------------------------------------------------------------------------------
YARMUTH (KY) X ................ SMITH (MO) X ............ ...............
(Chair) (Ranking)
JEFFRIES (NY) X ................ KELLY (MS) X ............ ...............
HIGGINS (NY) X ................ MCCLINTOCK (CA) X ............ ...............
BOYLE (PA) X ................ GROTHMAN (WI) X ............ ...............
DOGGETT (TX) X ................ SMUCKER (PA) X ............ ...............
PRICE (NC) X ................ JACOBS (NY) X ............ ...............
SCHAKOWSKY (IL) X ................ BURGESS (TX) X ............ ...............
KILDEE (MI) X ................ CARTER (GA) X ............ ...............
MORELLE (NY) X ................ CLINE (VA) X ............ ...............
HORSFORD (NV) X ................ BOEBERT (CO) X ............ ...............
LEE (CA) X ................ DONALDS (FL) X ............ ...............
CHU (CA) X ................ FEENSTRA (IA) X ............ ...............
PLASKETT (VI-At X ................ GOOD (VA) X ............ ...............
Large)
WEXTON (VA) X ................ HINSON (IA) X ............ ...............
SCOTT (VA) X ................ OBERNOLTE (CA) X ............ ...............
JACKSON LEE (TX) X ................ MILLER (WV) X ............ ...............
COOPER (TN) X ................ ............... ............ ...............
SIRES (NY) X ................ ............... ............ ...............
PETERS (CA) X ................ ............... ............ ...............
MOULTON (MA) ................ ............... ............ ...............
JAYAPAL (WA) X ................ (Return to ............ ...............
Chair)
----------------------------------------------------------------------------------------------------------------
TOTALS: Ayes 17 and Noes 19.
ROLL CALL VOTE 8
A motion offered by Mr. Jacobs that the Committee on Budget
direct its Chairman to request the rule providing for
consideration of the Build Back Better Act instruct the
Secretary of the Treasury to provide for expedited payment of
funds from the Emergency Rental Assistance Program and
establish a process under the Emergency Rental Assistance
Program for landlords to submit applications on behalf of a
renter.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ..... X ........ ........ ..... ........
(CA)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 20.
ROLL CALL VOTE 9
A motion offered by Mr. Burgess that the Committee on the
Budget direct the Chairman to request that the rule providing
for consideration of the Build Back Better Act make in order an
amendment to strike the prescription drug price negotiation
provisions.
----------------------------------------------------------------------------------------------------------------
Name & States Aye No Answer Present Name & State Aye No Answer Present
----------------------------------------------------------------------------------------------------------------
YARMUTH (KY) ............. X ............... SMITH (MO) X ...............
(Chair) (Ranking)
JEFFRIES (NY) ............. X ............... KELLY (MS) X ...............
HIGGINS (NY) ............. X ............... MCCLINTOCK (CA) X ...............
BOYLE (PA) ............. X ............... GROTHMAN (WI) X ...............
DOGGETT (TX) ............. X ............... SMUCKER (PA) X ...............
PRICE (NC) ............. X ............... JACOBS (NY) X ...............
SCHAKOWSKY (IL) ............. X ............... BURGESS (TX) X ...............
KILDEE (MI) ............. X ............... CARTER (GA) X ...............
MORELLE (NY) ............. X ............... CLINE (VA) X ...............
HORSFORD (NV) ............. X ............... BOEBERT (CO) X ...............
LEE (CA) ............. X ............... DONALDS (FL) X ...............
CHU (CA) ............. X ............... FEENSTRA (IA) X ...............
PLASKETT (VI-At ............. X ............... GOOD (VA) X ...............
Large)
WEXTON (VA) ............. X ............... HINSON (IA) X ...............
SCOTT (VA) ............. X ............... OBERNOLTE (CA) X ...............
JACKSON LEE (TX) ............. X ............... MILLER (WV) X ...............
COOPER (TN) ............. X ............... ............... ...............
SIRES (NY) ............. X ............... ............... ...............
PETERS (CA) ............. X ............... ............... ...............
MOULTON (MA) ............. ............... ............... ...............
JAYAPAL (WA) ............. X ............... (Return to ...............
Chair)
----------------------------------------------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 20
ROLL CALL VOTE 10
A motion offered by Mr. Cline that the Committee on the
Budget direct its Chairman to request that the rule providing
for consideration of the Build Back Better Act make in order an
amendment to ensure that no American earning less than $400,000
will shoulder the burden of the tobacco tax.
----------------------------------------------------------------------------------------------------------------
Name & States Aye No Answer Present Name & State Aye No Answer Present
----------------------------------------------------------------------------------------------------------------
YARMUTH (KY) X ................ SMITH (MO) X ............ ...............
(Chair) (Ranking)
JEFFRIES (NY) X ................ KELLY (MS) X ............ ...............
HIGGINS (NY) X ................ MCCLINTOCK (CA) X ............ ...............
BOYLE (PA) X ................ GROTHMAN (WI) X ............ ...............
DOGGETT (TX) X ................ SMUCKER (PA) X ............ ...............
PRICE (NC) X ................ JACOBS (NY) X ............ ...............
SCHAKOWSKY (IL) X ................ BURGESS (TX) X ............ ...............
KILDEE (MI) X ................ CARTER (GA) X ............ ...............
MORELLE (NY) X ................ CLINE (VA) X ............ ...............
HORSFORD (NV) X ................ BOEBERT (CO) X ............ ...............
LEE (CA) X ................ DONALDS (FL) X ............ ...............
CHU (CA) X ................ FEENSTRA (IA) X ............ ...............
PLASKETT (VI-At X ................ GOOD (VA) X ............ ...............
Large)
WEXTON (VA) X ................ HINSON (IA) X ............ ...............
SCOTT (VA) X ................ OBERNOLTE (CA) X ............ ...............
JACKSON LEE (TX) X ................ MILLER (WV) X ............ ...............
COOPER (TN) X ................ ............... ............ ...............
SIRES (NY) X ................ ............... ............ ...............
PETERS (CA) X ................ ............... ............ ...............
MOULTON (MA) ................ ............... ............ ...............
JAYAPAL (WA) X ................ (Return to ............ ...............
Chair)
----------------------------------------------------------------------------------------------------------------
TOTALS: Ayes 17 and Noes 19
ROLL CALL VOTE 11
A motion offered by Mr. Carter that the Committee on the
Budget direct the Chairman to request that the rule providing
for consideration of the Build Back Better Act make in order an
amendment to reaffirm states have appropriate and necessary
rights, authority, and administration over their respective
health care programs.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ..... X ........ ........ ..... ........
(CA)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 20.
ROLL CALL VOTE 12
A motion offered by Mrs. Boebert that the Committee on the
Budget direct the Chairman to request that the rule providing
for consideration of the Build Back Better Act make in order an
amendment to eliminate $310 million in funding for specified
provisions and use those funds to respond to hurricanes and
wildfires.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ..... ........ ........ ..... ........
(CA)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 15 and Noes 19.
ROLL CALL VOTE 13
A motion offered by Mr. Donalds that the Committee on the
Budget direct the Chairman to request that the rule providing
for consideration of the bill not make in order an amendment
that would invade Americans' privacy by requiring financial
institutions to report gross inflows or outflows of $600 or
more from Americans' financial accounts to the Internal Revenue
Service (IRS).
----------------------------------------------------------------------------------------------------------------
Name & State Aye No Answer Present Name & State Aye No Answer Present
----------------------------------------------------------------------------------------------------------------
YARMUTH (KY) X ................ SMITH (MO) X ............ ...............
(Chair) (Ranking)
JEFFRIES (NY) X ................ KELLY (MS) X ............ ...............
HIGGINS (NY) X ................ MCCLINTOCK (CA) ............ ...............
BOYLE (PA) X ................ GROTHMAN (WI) X ............ ...............
DOGGETT (TX) X ................ SMUCKER (PA) X ............ ...............
PRICE (NC) X ................ JACOBS (NY) X ............ ...............
SCHAKOWSKY (IL) X ................ BURGESS (TX) X ............ ...............
KILDEE (MI) X ................ CARTER (GA) X ............ ...............
MORELLE (NY) X ................ CLINE (VA) X ............ ...............
HORSFORD (NV) X ................ BOEBERT (CO) X ............ ...............
LEE (CA) X ................ DONALDS (FL) X ............ ...............
CHU (CA) X ................ FEENSTRA (IA) X ............ ...............
PLASKETT (VI-At X ................ GOOD (VA) X ............ ...............
Large)
WEXTON (VA) X ................ HINSON (IA) X ............ ...............
SCOTT (VA) X ................ OBERNOLTE (CA) X ............ ...............
JACKSON LEE (TX) X ................ MILLER (WV) X ............ ...............
COOPER (TN) X ................ ............... ............ ...............
SIRES (NY) X ................ ............... ............ ...............
PETERS (CA) ................ ............... ............ ...............
MOULTON (MA) ................ ............... ............ ...............
JAYAPAL (WA) X ................ (Return to ............ ...............
Chair)
----------------------------------------------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 18.
ROLL CALL VOTE 14
A motion offered by Mr. Feenstra that would pause the
implementation of the Build Back Better Act until Congress can
make an informed determination about the transitory or non-
transitory nature of current inflation based on analysis from
the Congressional Budget Office.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ..... ........ ........ ..... ........
(CA)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 19.
ROLL CALL VOTE 15
A motion offered by Mr. Good that the Committee on the
Budget direct the Chairman to request that the rule providing
for consideration of the Build Back Better Act make in order an
amendment ensuring taxpayer dollars will not be used to fund
abortion services.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ..... ........ ........ ..... ........
(CA)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 19.
ROLL CALL VOTE 16
A motion offered by Mrs. Hinson that the Committee on the
Budget direct its Chairman to request that the rule providing
for consideration of the Build Back Better Act make in order an
amendment that would limit electric vehicle tax credit
eligibility and reduce the maximum electric vehicle value
allowed for eligible purchases.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ........ ........ ..... ........
(CA)
MOULTON ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 19.
ROLL CALL VOTE 17
A motion offered by Mr. Obernolte that the Committee on the
Budget direct its Chairman to request that the rule providing
for consideration of the Build Back Better Act make in order an
amendment to create a select committee in the House and Senate
to determine how federal spending can be further reduced moving
forward.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... X ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ..... ........ ........ ..... ........
(CA)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 19.
ROLL CALL VOTE 18
A motion offered by Mrs. Miller that the Committee on the
Budget direct its Chairman to request that the rule providing
for consideration of the Build Back Better Act make in order an
amendment that would strike any provisions that would increase
taxes on Americans making less than $400,000 a year.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH ..... X ........ SMITH X ..... ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES ..... X ........ KELLY X ..... ........
(NY) (MS)
HIGGINS ..... X ........ MCCLINTO X ..... ........
(NY) CK (CA)
BOYLE ..... X ........ GROTHMAN X ..... ........
(PA) (WI)
DOGGETT ..... X ........ SMUCKER X ..... ........
(TX) (PA)
PRICE ..... X ........ JACOBS X ..... ........
(NC) (NY)
SCHAKOWS ..... X ........ BURGESS X ..... ........
KY (IL) (TX)
KILDEE ..... X ........ CARTER X ..... ........
(MI) (GA)
MORELLE ..... X ........ CLINE X ..... ........
(NY) (VA)
HORSFORD ..... X ........ BOEBERT X ..... ........
(NV) (CO)
LEE (CA) ..... X ........ DONALDS X ..... ........
(FL)
CHU (CA) ..... X ........ FEENSTRA X ..... ........
(IA)
PLASKETT ..... X ........ GOOD X ..... ........
(VI-At (VA)
Large)
WEXTON ..... X ........ HINSON X ..... ........
(VA) (IA)
SCOTT ..... X ........ OBERNOLT X ..... ........
(VA) E (CA)
JACKSON ..... ........ MILLER X ..... ........
LEE (WV)
(TX)
COOPER ..... X ........ ........ ..... ........
(TN)
SIRES ..... X ........ ........ ..... ........
(NY)
PETERS ..... ........ ........ ..... ........
(CA)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL ..... X ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 16 and Noes 18.
ROLL CALL VOTE 19
A motion offered by Ms. Jackson Lee that the Committee on
the Budget direct its Chairman to request that the rule
providing for consideration of the Build Back Better Act not
make in order any amendment that would impede the continued and
timely implementation of the federal Medicaid program in Texas,
or any state or territory of the United States.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH X ..... ........ SMITH X ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES X ..... ........ KELLY X ........
(NY) (MS)
HIGGINS X ..... ........ MCCLINTO X ........
(NY) CK (CA)
BOYLE X ..... ........ GROTHMAN X ........
(PA) (WI)
DOGGETT X ..... ........ SMUCKER X ........
(TX) (PA)
PRICE X ..... ........ JACOBS X ........
(NC) (NY)
SCHAKOWS X ..... ........ BURGESS X ........
KY (IL) (TX)
KILDEE X ..... ........ CARTER X ........
(MI) (GA)
MORELLE X ..... ........ CLINE X ........
(NY) (VA)
HORSFORD X ..... ........ BOEBERT X ........
(NV) (CO)
LEE (CA) X ..... ........ DONALDS X ........
(FL)
CHU (CA) X ..... ........ FEENSTRA X ........
(IA)
PLASKETT X ..... ........ GOOD X ........
(VI-At (VA)
Large)
WEXTON X ..... ........ HINSON X ........
(VA) (IA)
SCOTT X ..... ........ OBERNOLT X .....
(VA) E (CA)
JACKSON X ..... ........ MILLER X ........
LEE (WV)
(TX)
COOPER X ..... ........ ........ ..... ........
(TN)
SIRES X ..... ........ ........ ..... ........
(NY)
PETERS ..... ........ ........ ..... ........
(CA)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL X ..... ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 19 and Noes 16
ROLL CALL VOTE 20
A motion offered by Ms. Jackson Lee that the Committee on
the Budget direct its Chairman to request that the rule
providing for consideration of the Build Back Better Act not
make in order any amendment that would strike or modify any
provision that authorizes direct payments to metropolitan
cities, particularly funding for COVID-19 vaccinations or to
protect public health and safety.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
YARMUTH X ..... ........ SMITH X ........
(KY) (MO)
(Chair) (Rankin
g)
JEFFRIES X ..... ........ KELLY X ........
(NY) (MS)
HIGGINS X ..... ........ MCCLINTO X ........
(NY) CK (CA)
BOYLE X ..... ........ GROTHMAN X ........
(PA) (WI)
DOGGETT X ..... ........ SMUCKER X ........
(TX) (PA)
PRICE X ..... ........ JACOBS X ........
(NC) (NY)
SCHAKOWS X ..... ........ BURGESS X ........
KY (IL) (TX)
KILDEE X ..... ........ CARTER X ........
(MI) (GA)
MORELLE X ..... ........ CLINE X ........
(NY) (VA)
HORSFORD X ..... ........ BOEBERT X ........
(NV) (CO)
LEE (CA) X ..... ........ DONALDS X ........
(FL)
CHU (CA) X ..... ........ FEENSTRA X ........
(IA)
PLASKETT X ..... ........ GOOD X ........
(VI-At (VA)
Large)
WEXTON X ..... ........ HINSON X ........
(VA) (IA)
SCOTT X ..... ........ OBERNOLT X ........
(VA) E (CA)
JACKSON X ..... ........ MILLER X ........
LEE (WV)
(TX)
COOPER X ..... ........ ........ ..... ........
(TN)
SIRES X ..... ........ ........ ..... ........
(NY)
PETERS ..... ........ ........ ..... ........
(CA)
MOULTON ..... ........ ........ ..... ........
(MA)
JAYAPAL X ..... ........ (Return ..... ........
(WA) to
Chair)
------------------------------------------------------------------------
TOTALS: Ayes 19 and Noes 16
OTHER HOUSE REPORT REQUIREMENTS
----------
Related Committee Hearings
For the purposes of section 3(c) of rule XIII of the Rules
of the House of Representatives, the following hearing was used
to develop this legislation: The President's Fiscal Year 2022
Budget, held on June 9, 2021. The Committee received testimony
from the following witness: The Honorable Shalanda Young,
Acting Director, Office of Management and Budget. The following
related hearings were also held: the U.S. Department of Housing
and Urban Development's Fiscal Year 2022 Budget on June 23,
2021 and the Department of Defense's Fiscal Year 2022 Budget on
June 24, 2021.
Committee Consideration
On Saturday, September 25, 2021, the Committee met in open
session and ordered the bill, H.R. 5376 favorably reported,
without amendment, by a roll call vote of 20 ayes to 17 noes, a
quorum being present.
Committee Oversight Findings and Recommendations
Clause 3(c)(1) of rule XIII of the Rules of the House of
Representatives requires the report of a committee on a measure
to contain oversight findings and recommendations required
pursuant to Clause (2)(b)(1) of rule X. The Committee on the
Budget has examined its activities over the past session and
has determined that there are no specific oversight findings in
the text of the reported bill.
Committee Estimate of Budgetary Effects
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its as its own the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974. The required matter is included in the
report language for each title of the legislative
recommendations submitted by the appropriate instructed
committees and reported to the House by the Committee on the
Budget. The Committee has requested but not received from the
Director of the Congressional Budget Office a cost estimate for
the consolidated provisions.
New Budget Authority and Cost Estimate Prepared by the Congressional
Budget Office
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a) of the
Congressional Budget Act of 1974, and pursuant to clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 402 of the Congressional Budget Act
of 1974, the Committee has requested but not received a
statement as to whether these consolidated provisions contain
any new budget authority, spending authority, credit authority,
or an increase or decrease in revenues or tax expenditures.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act of 1974 requires a statement of whether the
provisions of the reported bill include unfunded mandates. Any
statements regarding unfunded mandates for a legislative
recommendation submitted by an instructed committee are
included under the appropriate title of this report.
Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
Applicability to the Legislative Branch
Any finding that a legislative recommendation submitted by
an instructed committee relates to the terms and conditions of
employment or access to public services or accommodations
within the meaning of section 102(b)(3) of the congressional
Accountability Act (P.L. 104-1) is included under the
appropriate title of this report.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, no provision of the legislation is
known to be duplicative of another Federal program, including
any program that was included in a report to Congress pursuant
to section 21 of Public Law 111-139 or the most recent Catalog
of Federal Domestic Assistance.
Statement of General Performance Goals and Objectives
This bill is reported pursuant to Title II of S. Con. Res.
14, the Concurrent Resolution on the Budget for Fiscal Year
2022. Pursuant to Clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the goals and objectives of this
bill are to close the gaps in our economy and society with
investments in crucial priorities, including education, child
care, paid family and medical leave, affordable housing, and
investments in improving public health to create good jobs to
ensure American competitiveness and prosperity for generations
to come. invest in children and families, education, toward an
inclusive and strong economic recovery.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In accordance with Clause 9 of rule XXI of the Rules of the
House of Representatives, the bill does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in Clause 9(e), 9(f), or 9(g) of rule XXI
of the Rules of the House of Representatives.
Section-by-Section Analysis
This matter is included in the report language for each
title of the legislative recommendations submitted by the
appropriate instructed committees and reported to the House by
the Committee on the Budget.
Changes in Existing Law Made by the Bill, as Reported
Clause 3(e) of rule XIII of the Rules of the House of
Representatives requires that each report of a committee on a
bill or joint resolution contain the text of statutes that are
proposed to be repealed and a comparative print of that part of
the bill proposed to be amended whenever the bill repeals or
amends any statute. A comparative print of changes in existing
law made by the reconciliation bill reported by the Committee
on the Budget has been requested but not received.
Views of Committee Members
Clause 2(c) of rule XIII of the Rules of the House of
Representatives requires each report by a committee on a public
matter to include any additional, minority, supplemental, or
dissenting views submitted pursuant to Clause 2(l) of rule XI
by one or more members of the committee. In addition, this
report includes views from members of committees submitting
reconciliation recommendations pursuant to Title II of S. Con.
Res. 14 under the appropriate titles or subtitles of this
report. The Minority Views of members of the Committee on the
Budget are as follows:
MINORITY VIEWS
----------
Committee approval of this bill is misguided and
misleading. After failing for months to adopt a budget in a
timely manner, Democrats moved quicky when it suited their
agenda to adopt a fiscal year (FY) 2022 budget resolution
solely to trigger the reconciliation process to enact a
partisan, reckless tax and spending spree, which currently
calls for $4.3 trillion in new spending, $2.1 trillion in tax
increases, and will increase the federal debt by $2.4 trillion
(including $200 billion in net interest). Estimated, because at
the date of consideration by the Committee on the Budget, only
four of the 13 cost estimates were available equating to only
one percent of the bill having been scored by the Congressional
Budget Office (CBO). Due to the nature of the reconciliation
process, the role of the Budget Committee, and Senate
procedures, this bill will likely be radically amended,
disregarding the numerous hours of work across the 13 House
authorizing committees and Members. For example, it has been
confirmed that major provisions in this bill, such as granting
amnesty to millions of illegal immigrants, violate the Senate's
Byrd Rule. Additionally, as many as six of the 13 House
authorizing committees have spent more than authorized by their
respective reconciliation instructions. In other words, the
bill considered by the Budget Committee is disingenuous and
clearly an attempt by Congressional Democrats to abuse the
process and push through an agenda in a nontransparent way that
will ultimately be rewritten by Democrat Leadership after the
Budget Committee markup in an effort to buy off votes for a
bill harmful to the American people.
It is also disconcerting that Democrats decided to use the
reconciliation process to push through a massive tax and
spending bill before first addressing the current budget crisis
facing the nation--the debt limit. The debt limit suspension
expired on August 1, 2021 and the U.S. Department of the
Treasury projects extraordinary measures will be exhausted by
mid-to-late October. Instead of addressing the debt limit to
avoid default--an imminent threat--Democrats are focused
entirely on enacting a bill, as currently drafted and
considered by the Budget Committee, that adds $4.3 trillion in
new spending, $2.1 trillion in tax increases, and will increase
the federal debt by $2.4 trillion. This is why Committee
Republicans offered a motion to postpone the markup by 48
hours--to provide Congressional Democrats additional time to
draft the amendment needed to the FY 2022 budget resolution to
include reconciliation instructions to address the debt limit.
Before the Budget Committee's markup, Ranking Member Smith also
sent a letter to Chairman Yarmuth requesting that the Committee
use its markup as an opportunity to also amend the FY 2022
budget resolution to address the debt limit through the
reconciliation process. This letter and Committee Republicans'
motion to postpone were an effort to ensure Democrats have the
necessary tools to address the current crisis facing them,
given they are the controlling party of government, before
enacting trillions of dollars in new spending. Unfortunately,
Democrats rejected this motion to postpone.
Democrats are not only failing to utilize the budget
process to address the debt limit but are acting quickly to
enact the most expensive piece of legislation in American
history, in a rash and nontransparent manner. CBO has yet to
publish a comprehensive cost estimate of this legislation,
leaving the Budget Committee, which serves as the House of
Representatives' scorekeeper, unable to determine whether the
legislation complies with the FY 2022 budget resolution's
reconciliation instructions. In fact, 99 percent of the bill's
cost was not scored by CBO at the time of the markup. Moreover,
there is bipartisan and bicameral support for Congressional
Democrats to pause consideration of this legislation until a
comprehensive analysis is provided on the actual budgetary and
economic impacts of this legislation.
The lack of a complete cost estimate has deprived this
Committee and Members of Congress a full accounting of this
legislation's proposed spending and tax increases. This bill is
the most expensive piece of legislation in the history of the
United States--its price tag amounts to five times America's
annual defense budget, eight times the cost of building the
interstate highway system, nearly five times annual Medicare
spending to support seniors, 40 times the annual amount
invested in veterans' health care, and more than the gross
domestic products (GDPs) of Canada and Mexico combined. This
bill, combined with annual government funding and the $1.9
trillion Biden Bailout Bill enacted earlier this year, would
increase yearly government spending by more than 73 percent
each year for the next 10 years. This bill, if enacted, would
bring total new spending approved within the past 18 months to
more than the total combined wages of the American people. Upon
enactment, Democrats will have added $13 trillion in new
spending since they took control of the U.S. House of
Representatives in 2019.
America currently faces an inflation crisis driven by
Washington's reckless spending. The prices of goods and
services have increased seven percent on an annualized basis
since Joe Biden became President, the highest since Carter-era
policies. It is a serious disservice to policymakers and the
American people to debate legislation without first confirming
the impact the bill will have on inflation, a tax on all
Americans. This is particularly true given the bill as
considered by the Budget Committee calls for an additional $4.3
trillion in new spending and will increase the federal debt by
$2.4 trillion, which will likely sustain, or even exacerbate,
the current inflation crisis. An additional $2.1 trillion in
taxes will also lead to higher prices, as part of these taxes
will undoubtedly be passed on to consumers in the prices they
pay for goods and services.
Not only is the spending magnitude of this bill
unprecedented, but the spending priorities are seriously
misguided. A vast majority of the spending in this bill
consists of the Democrats' far-left wish list items. These
include: $7.5 billion to create a Civilian Climate Corps to
promote the Green New Deal; $2 billion for job training in
``climate change'' careers; more than $150 million on ``species
protection;'' $4 million for the President to establish an
``environmental justice initiative;'' $27.5 billion for a new
climate financing ``green bank;'' $6.8 billion in housing
grants available to felons convicted of domestic violence or
hate crimes; more than $100 billion for amnesty to 10 million
illegal immigrants--making them eligible for benefits; and
countless tax breaks and handouts to the wealthy, including,
but not limited to, $42.3 billion in tax credits for the
wealthy to purchase electric vehicles, $28,000 in taxpayer-
funded paid leave benefits for households making $500,000 a
year, $1,200 average monthly child care subsidy for a family of
four making $200,000 a year, and $10,000 more in Obamacare
premium tax credits for families making more than $200,000 per
year than for families making $50,000 per year.
This bill includes historic tax increases on Americans
totaling $2.1 trillion. This is the largest tax increase in
American history and would lead to the highest sustained tax
burden as a share of the economy. The policies included in this
bill break President Biden's promise to not raise taxes on
families making less than $400,000 per year. The nonpartisan
Joint Committee on Taxation (JCT) released an analysis
confirming that this legislation will in fact increase the tax
burden on low- and middle-income Americans. It contains $1.1
trillion in new taxes on American families and small
businesses, including $54.3 billion in tax increases on
grieving families with an enhanced death tax, a $78 billion tax
hike on America's small businesses by limiting the 20 percent
small business deduction, and a $96.8 billion tax increase on
low- and middle-income Americans with 77 percent of the
regressive tobacco tax falling on individuals making less than
$100,000 a year.
This bill creates approximately $1 trillion in new taxes on
American job creators to drive jobs overseas, which JCT has
confirmed will overwhelmingly hit low- and middle-income
Americans with two-thirds of the tax increase falling on them.
The combined federal-state tax rate would make the tax burden
on America's main street businesses higher than Europe or
communist China.
Committee Republicans offered 16 motions to instruct, to
stand up for federalism, transparency, communities in need,
American taxpayers, the sanctity of life, and working families
in general, including:
A motion offered by Representative Smith (MO) to cancel
handouts and tax cuts for the wealthy.
A motion offered by Representative Kelly (MS) to protect
the agriculture industry from a new methane fee.
A motion offered by Representative McClintock (CA) to stop
amnesty for illegal immigrants.
A motion offered by Representative Grothman (WI) to put
American students first.
A motion offered by Representative Smucker (PA) to protect
America's farmers and small businesses from ruinous tax hikes.
A motion offered by Representative Jacobs (NY) to help
tenants stay in their homes while preserving affordable
housing.
A motion offered by Representative Burgess (TX) to protect
access to life-saving treatments, cures, and medical
innovation.
A motion offered by Representative Cline (VA) to uphold
President Biden's pledge that no American earning less than
$400,000 will shoulder the burden of the tobacco tax.
A motion offered by Representative Carter (GA) to ensure
states' rights in administering their health care programs.
A motion offered by Representative Boebert (CO) to
prioritize funding for combatting wildfires and hurricane
relief instead of earmarks for Speaker Pelosi and other
Democrat pet projects.
A motion offered by Representative Donalds (FL) to stop the
weaponization of the Internal Revenue Service (IRS) to target
American taxpayers.
A motion offered by Representative Feenstra (IA) to provide
CBO time to analyze the remaining 99 percent of the Democrats'
proposal that has yet to be scored and ensure Congress and the
American people have a clear understanding of the true impact
of the legislation.
A motion offered by Representative Good (VA) to prevent
taxpayer dollars from being used to fund abortion services.
A motion offered by Representative Hinson (IA) to prevent
subsidies for the wealthy to purchase luxury electric vehicles.
A motion offered by Representative Obernolte (CA) to focus
Congressional attention on how to reduce spending.
A motion offered by Representative Miller (WV) to prevent
tax increases on Americans making less than $400,000 per year.
None of these motions were adopted, but several received
bipartisan support, including motions that would protect
America's farmers and small businesses from ruinous tax hikes,
ensure that no American earning less than $400,000 will
shoulder the burden of the tobacco tax, and stop the
weaponization of the IRS in targeting American taxpayers.
Additionally, there was bipartisan opposition to the bill in
the Budget Committee. With a government shutdown approaching in
less than a week, now is the time for Congressional Democrats
to refocus their priorities and put forth policies and
solutions that will help American families and address the many
crises this country is facing.
Jason Smith,
Ranking Member.
Trent Kelly.
Tom McClintock.
Glenn Grothman.
Lloyd Smucker.
Chris Jacobs.
Michael C. Burgess.
Earl L. ``Buddy'' Carter.
Ben Cline.
Lauren Boebert.
Byron Donalds.
Randy Feenstra.
Bob Good.
Ashley Hinson.
Jay Obernolte.
Carol Miller.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--AGRICULTURE
Subtitle A--General Provisions
SECTION 10001. DEFINITIONS.
In this title:
(1) The term ``insular area'' has the meaning given
such term in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103).
(2) The term ``Secretary'' means the Secretary of
Agriculture.
Subtitle B--Forestry
SEC. 11001. NATIONAL FOREST SYSTEM RESTORATION AND FUELS REDUCTION
PROJECTS.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
(1) $10,000,000,000 for hazardous fuels reduction
projects within the wildland-urban interface;
(2) $4,000,000,000 for, on a determination by the
Secretary that hazardous fuels within the wildland-
urban interface have been effectively treated to
prevent the spread of wildfire to at-risk communities,
hazardous fuels reduction projects outside the
wildland-urban interface that are--
(A) noncommercial in nature, except on a
determination by the Secretary, in accordance
with the best available science, that the
harvest of merchantable materials is
ecologically necessary for restoration and to
enhance ecological integrity, subject to the
requirement that the sale of merchantable
materials shall be limited to small diameter
trees or biomass that are a byproduct of
projects under this paragraph;
(B) collaboratively developed; and
(C) carried out in a manner that--
(i) enhances the ecological integrity
and achieves the restoration of a
forest ecosystem;
(ii) maximizes the retention of old-
growth and large trees, as appropriate
for the forest type; and
(iii) focuses on prescribed fire as
the primary means to achieve modified
wildland fire behavior, as measured by
the projected reduction of
uncharacteristically severe wildfire
effects for the forest type;
(3) $1,000,000,000 for vegetation management projects
carried out solely on National Forest System land that
the Secretary shall select following the receipt of
proposals submitted in accordance with subsections (a),
(b), and (c) of section 4003 of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303);
(4) $500,000,000 for vegetation management projects
carried out in accordance with--
(A) a water source management plan; or
(B) a watershed protection and restoration
action plan;
(5) $500,000,000 for vegetation management projects
that--
(A) maintain, or contribute toward the
restoration of, old growth characteristics,
including structure, composition, function, and
connectivity, according to the reference old
growth conditions characteristic of the forest
type, taking into account--
(i) the contribution of the project
to landscape fire adaptation and the
ecological integrity of watershed and
ecosystem health; and
(ii) the goal of retaining the large
trees contributing to old growth
structure;
(B) focus primarily on small diameter trees
and prescribed fire to modify fire behavior, as
measured by the projected reduction of
uncharacteristically severe wildfire effects
for the forest type; and
(C) maximize the retention of large trees, as
appropriate for the forest type;
(6) $450,000,000 for the Legacy Roads and Trails
program of the Forest Service;
(7) $350,000,000 for National Forest System land
management planning and monitoring, with a focus on--
(A) the assessment of watershed, ecological,
and carbon conditions on National Forest System
land; and
(B) the revision and amendment of older land
management plans that present opportunities to
protect, maintain, restore, and monitor
ecological integrity, ecological conditions for
at-risk species, and carbon storage;
(8) $100,000,000 for maintenance of trails on
National Forest System land, with a focus on trails
that provide to underserved communities access to
National Forest System land;
(9) $100,000,000 for capital maintenance and
improvements on National Forest System land, with a
focus on maintenance level 3, 4, and 5 roads and
improvements that restore ecological integrity and
conditions for at-risk species;
(10) $100,000,000 to provide for more efficient and
more effective environmental reviews by the Chief of
the Forest Service in satisfying the obligations of the
Chief of the Forest Service under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) through--
(A) the hiring and training of additional
personnel;
(B) the development of programmatic
assessments or templates;
(C) the procurement of technical or
scientific services;
(D) the development of data or technology
systems;
(E) stakeholder and community engagement; and
(F) the purchase of new equipment;
(11) $50,000,000 to develop and carry out activities
and tactics for the protection of older and mature
forests on National Forest System land, including
completing an inventory of older and mature forests
within the National Forest System;
(12) $50,000,000 to develop and carry out activities
and tactics for the maintenance and restoration of
habitat conditions necessary for the protection and
recovery of at-risk species on National Forest System
land in implementing Forest Service hazardous fuels
reduction and other vegetation management programs and
projects based on a science-based analysis carried out
by the Secretary;
(13) $50,000,000 to carry out post-fire recovery
plans that--
(A) emphasize the use of locally adapted
native plant materials to restore the
ecological integrity of disturbed areas; and
(B) do not include salvage logging;
(14) $50,000,000 to develop and carry out nonlethal
activities and tactics to reduce human-wildlife
conflicts on National Forest System land; and
(15) $2,250,000,000 to be used for staffing,
salaries, and other workforce needs to support the
development of a Civilian Climate Corps for the
purposes of managing National Forest System land,
subject to the conditions that--
(A) the amounts made available under this
paragraph shall be in addition to any amounts
required for salaries and expenses needed to
carry out projects under this subsection; and
(B) members of the Civilian Climate Corps
shall be compensated at not less than 200
percent of the annual Federal poverty line.
(b) Priority for Funding.--The Secretary shall prioritize for
implementation under this section projects described in
paragraphs (1) through (5) of subsection (a)--
(1) for which an environmental assessment or an
environmental impact statement required under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) has been completed;
(2) that are collaboratively developed; or
(3) that include opportunities to restore sustainable
recreation infrastructure or access or accomplish other
recreation outcomes, if the opportunities are
compatible with the primary restoration purposes of the
project.
(c) Limitations.--None of the funds made available by this
section may be used for any activity--
(1) conducted in a wilderness area or wilderness
study area;
(2) that includes the construction of a permanent
road or permanent trail;
(3) that includes the construction of a temporary
road, except in the case of a temporary road that is
decommissioned by the Secretary not later than 3 years
after the earlier of--
(A) the date on which the temporary road is
no longer needed; and
(B) the date on which the project for which
the temporary road was constructed is
completed;
(4) inconsistent with the applicable land management
plan;
(5) inconsistent with the prohibitions of the rule of
the Forest Service entitled ``Special Areas; Roadless
Area Conservation'' (66 Fed. Reg. 3244 (January 12,
2001)), as modified by subparts C and D of part 294 of
title 36, Code of Federal Regulations; or
(6) carried out on any land that is not National
Forest System land, including other forested land on
Federal, State, Tribal, or private land.
(d) Definitions.--In this section:
(1) At-risk community.--The term ``at-risk
community'' has the meaning given the term in section
101 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511).
(2) Collaboratively developed.--The term
``collaboratively developed'' means, with respect to a
project located exclusively on National Forest System
land, that the project is developed and implemented
through a collaborative process that--
(A) includes multiple interested persons
representing diverse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource
advisory committee under subsections (c)
through (f) of section 205 of the Secure Rural
Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125).
(3) Decommission.--The term ``decommission'' means,
with respect to a road--
(A) reestablishing native vegetation on the
road;
(B) restoring any natural drainage, watershed
function, or other ecological processes that
were disrupted or adversely impacted by the
road by removing or hydrologically
disconnecting the road prism and reestablishing
stable slope contours; and
(C) effectively blocking the road to
vehicular traffic, where feasible.
(4) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section
219.19 of title 36, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(5) Hazardous fuels reduction project.--The term
``hazardous fuels reduction project'' means an
activity, including the use of prescribed fire, to
protect structures and communities from wildfire that
is carried out on National Forest System land.
(6) Restoration.--The term ``restoration'' has the
meaning given the term in section 219.19 of title 36,
Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(7) Vegetation management project.--The term
``vegetation management project'' means an activity
carried out on National Forest System land to enhance
the ecological integrity and achieve the restoration of
a forest ecosystem through--
(A) the removal of vegetation;
(B) the use of prescribed fire;
(C) the restoration of aquatic habitat; or
(D) the decommissioning of an unauthorized,
temporary, or system road.
(8) Water source management plan.--The term ``water
source management plan'' means a plan developed under
section 303(d)(1) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6542(d)(1)).
(9) Watershed protection and restoration action
plan.--The term ``watershed protection and restoration
action plan'' means a plan developed under section
304(a)(3) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6543(a)(3)).
(10) Wildland-urban interface.--The term ``wildland-
urban interface''--
(A) in the case of the lower 48 States, means
the areas mapped as the wildland-urban
interface in the document entitled ``The
Wildland-Urban Interface of the Conterminous
United States'', and published by the
Department of Agriculture in 2015; and
(B) in the case of the States of Alaska and
Hawaii, has the meaning given the term in
section 101 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511).
SEC. 11002. NON-FEDERAL LAND FOREST RESTORATION AND FUELS REDUCTION
PROJECTS AND RESEARCH.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
(1) $9,000,000,000 to award grants to a Tribal,
State, or local government, a regional organization, a
special district, or a nonprofit organization to
support, on non-Federal land, forest restoration and
resilience projects, including projects to reduce the
risk of wildfires and establish defensible space around
structures within at-risk communities;
(2) $1,000,000,000 to award grants to a Tribal,
State, or local government, a regional organization, a
special district, or a nonprofit organization to
implement community wildfire protection plans (as
defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)), purchase
firefighting equipment, provide firefighter training,
and increase the capacity for planning, coordinating,
and monitoring projects on non-Federal land to protect
at-risk communities (as defined in section 101 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511));
(3) $250,000,000 to award grants to a Tribal, State,
or local government, a regional organization, a special
district, or a nonprofit organization for projects on
non-Federal land to aid in the recovery and
rehabilitation of burned areas, including
reforestation;
(4) $250,000,000 to award grants to a Tribal, State,
or local government, a regional organization, a special
district, or a nonprofit organization for projects on
non-Federal land to expand equitable outdoor access and
promote tourism on non-Federal forested land for
members of underserved groups;
(5) $250,000,000 for the State Fire Assistance and
Volunteer Fire Assistance programs established under
the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2101 et seq.), to be distributed at the
discretion of the Secretary;
(6) $250,000,000 for the implementation of State-wide
forest resource strategies under section 2A of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2101a);
(7) $250,000,000 for the competitive grant program
under section 13A of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2109a) for providing
through that program a cost share to carry out climate
mitigation or forest resilience practices in the case
of underserved forest landowners, subject to the
condition that subsection (h) of that section shall not
apply;
(8) $250,000,000 for the competitive grant program
under section 13A of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2109a) for providing
through that program grants to support the
participation of underserved forest landowners in
emerging private markets for climate mitigation or
forest resilience, subject to the condition that
subsection (h) of that section shall not apply;
(9) $250,000,000 for the competitive grant program
under section 13A of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2109a) for providing
through that program grants to support the
participation of forest landowners who own less than
2,500 acres of forest land in emerging private markets
for climate mitigation or forest resilience, subject to
the condition that subsection (h) of that section shall
not apply;
(10) $500,000,000 for the competitive grant program
under section 13A of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2109a) to provide
grants to states and other eligible entities to provide
payments to owners of private forest land for
implementation of forestry practices on private forest
land, that are determined by the Secretary, based on
the best available science, to provide measurable
increases in carbon sequestration and storage beyond
customary practices on comparable land, subject to the
conditions that--
(A) those payments shall not preclude
landowners from participation in other public
and private sector financial incentive
programs; and
(B) subsection (h) of that section shall not
apply;
(11) $50,000,000 to carry out the healthy forests
reserve program established under section 501 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6571);
(12) $50,000,000 for the forest inventory and
analysis program established under section 3(e) of the
Forest and Rangeland Renewable Resources Research Act
of 1978 (16 U.S.C. 1642(e)) for collaborative
partnerships with the National Association of
University Forest Resources Programs;
(13) $50,000,000 for the forest inventory and
analysis program established under section 3(e) of the
Forest and Rangeland Renewable Resources Research Act
of 1978 (16 U.S.C. 1642(e)) for activities and tactics
to accelerate and expand existing research efforts to
improve forest carbon monitoring technologies to better
predict changes in forest carbon due to climate change;
(14) $100,000,000 for the forest inventory and
analysis program established under section 3(e) of the
Forest and Rangeland Renewable Resources Research Act
of 1978 (16 U.S.C. 1642(e)) to carry out
recommendations from a panel of relevant experts
convened by the Secretary that has reviewed and, based
on the review, issued recommendations regarding the
current priorities and future needs of the forest
inventory and analysis program with respect to climate
change, forest health, sustainable wood products, and
increasing carbon storage in forests;
(15) $50,000,000 for the forest inventory and
analysis program established under section 3(e) of the
Forest and Rangeland Renewable Resources Research Act
of 1978 (16 U.S.C. 1642(e)) to provide enhancements to
the technology managed and used by the forest inventory
and analysis program, including cloud computing and
remote sensing for purposes such as small area
estimation;
(16) $1,000,000,000 to provide grants under the wood
innovation grant program under section 8643 of the
Agriculture Improvement Act of 2018 (7 U.S.C. 7655d),
including for the construction of new facilities that
advance the purposes of the program, subject to the
conditions that--
(A) the amount of such a grant shall be not
more than $5,000,000;
(B) notwithstanding subsection (d) of that
section, a recipient of such a grant shall
provide funds equal to not less than 50 percent
of the amount received under the grant, to be
derived from non-Federal sources; and
(C) a priority shall be placed on projects
that create a financial model for addressing
forest restoration needs on public or private
forest land;
(17) $50,000,000 for the research mission area of the
Forest Service to accelerate and expand existing
research efforts relating to strategies to increase
carbon stocks on National Forest System land;
(18) $50,000,000 for the research mission area of the
Forest Service to accelerate and expand existing
research efforts relating to the impacts of climate
change and weather variability on national forest
ecosystems;
(19) $50,000,000 for the research mission area of the
Forest Service to accelerate and expand existing
research efforts relating to strategies to ensure that
national forest ecosystems, including forests, plants,
aquatic ecosystems, and wildlife, are able to adapt to
climate change and weather variability;
(20) $50,000,000 for the research mission area of the
Forest Service to assess the quantity of carbon
sequestration and storage accomplished by different
forest practices when applied in diverse ecological and
geographic settings;
(21) $50,000,000 for the research mission area of the
Forest Service to carry out greenhouse gas life cycle
analyses of domestic wood products;
(22) $50,000,000 for the Forest Health Monitoring
Program of the Forest Service for activities and
tactics to reduce the spread of invasive species on
non-Federal forested land; and
(23) $2,250,000,000 to be used for staffing,
salaries, and other workforce needs and expenses to
support the development of a Civilian Climate Corps for
carrying out projects on non-Federal land through the
Forest Service State and private forestry mission area
and other Department of Agriculture programs, including
rural and urban conservation and tree planting
projects, subject to the conditions that--
(A) the amounts made available under this
paragraph shall be in addition to any amounts
required for salaries and expenses needed to
carry out projects under this subsection; and
(B) members of the Civilian Climate Corps
shall be compensated at not less than 200
percent of the annual Federal poverty line.
(b) Submission of Non-Federal Restoration Areas by States.--
(1) In general.--The Governor of a State may submit
to the Secretary, in writing, a request to include with
land on which a project is carried out using amounts
made available by this section certain non-Federal land
in the State.
(2) Inclusions.--A written request submitted under
paragraph (1) may include 1 or more maps or
recommendations.
(3) Authorization.--On approval of a written request
submitted under paragraph (1), a project may be carried
out using amounts made available by this section on the
non-Federal land in the State that is the subject of
the request.
(c) Cost-sharing Requirement.--
(1) In general.--The grants made available under
paragraphs (1) through (5) of subsection (a) shall be
subject to a non-Federal match requirement of not less
than 20 percent of the overall project cost.
(2) Waiver.--The cost-sharing requirement under
paragraph (1) may be waived, at the discretion of the
Secretary, for high priority projects that--
(A) have the purpose of protecting human life
or critical infrastructure; and
(B) are located in counties where the average
median household income of the population is
less than 150 percent of the poverty line.
SEC. 11003. STATE AND PRIVATE FORESTRY CONSERVATION PROGRAMS.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
(1) $1,250,000,000 to provide competitive grants to
eligible entities through the Forest Legacy Program
established under section 7 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2103c) to acquire
land and interests in land that--
(A) offer significant natural carbon
sequestration benefits; or
(B) contribute to the resilience of community
infrastructure, local economies, or natural
systems;
(2) $3,000,000,000 to provide multi-year,
programmatic, competitive grants to a State agency, a
local governmental entity, an Indian Tribe, or a
nonprofit organization through the Urban and Community
Forestry Assistance program established under section
9(c) of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2105(c)) for tree planting and related
activities to increase community tree canopy and
associated societal and climate co-benefits, with a
priority for projects that increase tree equity; and
(3) $100,000,000 for the acquisition of urban and
community forests through the Community Forest and Open
Space Program of the Forest Service.
(b) Priority.--In providing grants under this section, the
Secretary shall--
(1) with respect to grants under subsection (a)(2),
give priority to projects that are located in--
(A) a census block group in which 30 percent
or more of the population lives below the
poverty line; and
(B) a neighborhood with lower tree canopy and
higher maximum daytime summer temperatures
compared to surrounding neighborhoods, as
determined by the Secretary, based on publicly
available information;
(2) with respect to grants under paragraphs (1) and
(2) of subsection (a), give priority to grant
applications from underserved populations; and
(3) set aside not less than 10 percent of the amounts
made available under each of paragraphs (1) and (2) of
subsection (a) to provide grants under each of those
paragraphs to individuals who are members of
underserved populations.
SEC. 11004. LIMITATION.
The funds made available under this subtitle are subject to
the condition that the Secretary shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond
September 30, 2031; and
(B) under which any payment could be outlaid
or funds disbursed after September 30, 2031;
and
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this subtitle.
Subtitle C--Rural Development and Energy
SEC. 12001. ADDITIONAL SUPPORT FOR THE USDA BUSINESS AND INDUSTRY LOAN
PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, and
notwithstanding sections 381E through 381H and 381N of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009d
through 2009g and 2009m), $40,000,000, to remain available
until September 30, 2031, for the cost of direct loans and loan
guarantees for the rural business development programs
authorized under section 310B of the Consolidated Farm and
Rural Development Act and described in subsections (a) and (g)
of section 310B of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(a) and (g)).
SEC. 12002. ADDITIONAL SUPPORT FOR USDA RURAL WATER PROGRAMS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, and
notwithstanding sections 381E through 381H and 381N of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009d
through 2009g and 2009m), $430,000,000, to remain available
until September 30, 2031, for the cost of grants for rural
water and waste water programs authorized by sections 306,
306C, and 306D and described in sections 306C(a)(2) and 306D of
the Consolidated Farm and Rural Development Act in--
(1) persistent poverty counties or, notwithstanding
any population limits specified in the Consolidated
Farm and Rural Development Act, a county seat of a
persistent poverty county with a population that does
not exceed the authorized population limit by more than
10 percent; and
(2) insular areas.
SEC. 12003. SUBSIDY FOR CERTAIN USDA RURAL DEVELOPMENT LOAN PAYMENTS.
(a) Appropriation.--In addition to the amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $390,000,000, to remain available until September
30, 2031, to carry out this section.
(b) Use of Funds.--
(1) Payment.--The Secretary shall make a payment to
the lender on a covered loan equal to half of the total
of the installment amounts owed by the borrower on the
loan for 1 year, if the borrower has the opportunity to
opt out of the payment.
(2) Additional payments.--To the extent that amounts
made available by subsection (a) remain after making
the payments under paragraph (1), the Secretary shall
make additional loan payments on a covered loan.
(c) Terms and Conditions.--
(1) Waiver.--The Secretary shall waive statutory
limits on maximum loan maturities for any covered loan
durations, including those where the lender provides a
deferral and extends the maturity of a covered loan
during the 1-year period beginning with the date of
enactment of this Act.
(2) Extension.--The Secretary shall, when necessary
to provide more time because of the potential of higher
volumes, travel restrictions, and the inability to
access some properties during the COVID-19 pandemic,
extend lender site visit requirements to--
(A) not more than 60 days (which may be
extended at the discretion of the Secretary)
after the occurrence of an adverse event, other
than a payment default, that causes a loan to
be classified as in liquidation; and
(B) not more than 90 days after a payment
default.
(d) Definition.--In this section, the term ``covered loan''
means--
(1) a business and industry loan made or guaranteed
before January 1, 2021, under subsection (a) or (g) of
section 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(a) or (g));
(2) a loan that is made by an intermediary lender
before January 1, 2021, to an ultimate recipient using
a loan received under section 1323 of the Food Security
Act of 1985 (7 U.S.C. 1932 note; Public Law 99-198) or
section 310H of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1936b); and
(3) a loan that is made by a microenterprise
development organization before January 1, 2021, to a
microentrepreneur under section 379E of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2008s).
SEC. 12004. RURAL ENERGY SAVINGS PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $200,000,000, to remain available until September
30, 2031, to carry out this section.
(b) Use of Funds.--
(1) In general.--Except as provided in paragraph (2)
of this subsection, at the election of an eligible
entity to which a loan is made under section 6407(c) of
the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8107a(c)), the Secretary shall make a grant to
the eligible entity in an amount equal to not more than
5 percent of the loan amount for the purposes of costs
incurred in--
(A) applying for a loan received under
section 6407(c) of such Act;
(B) making a loan under section 6407(d) of
such Act;
(C) making repairs to the property of a
qualified consumer that facilitate the energy
efficiency measures for the property financed
through a loan under section 6407(d) of such
Act;
(D) entering into a contract under section
6407(e) of such Act; or
(E) carrying out the duties of an eligible
entity under section 6407 of such Act.
(2) Persistent poverty counties.--In the case that
the grant is for the purpose of making a loan under
section 6407(d) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a(d)) to a
qualified consumer in a persistent poverty county (as
determined by the Secretary), the percentage limitation
in paragraph (1) of this subsection shall be 10
percent.
(c) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
has the meaning given the term in section 6407(b) of
the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8107a(b)).
(2) Qualified consumer.--The term ``qualified
consumer'' has the meaning given the term in section
6407(b) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107a(b)).
SEC. 12005. RURAL ENERGY FOR AMERICA PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary, out of any
money in the Treasury not otherwise appropriated, for eligible
projects under the Rural Energy for America Program established
under section 9007 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8107)--
(1) $811,750,000 for fiscal year 2022, to remain
available until September 30, 2031, and for which there
may be no outlays after September 30, 2031; and
(2) $272,000,000 for each of fiscal years 2023
through 2027, to remain available until September 30,
2031, and for which there may be no outlays after
September 30, 2031.
(b) Underutilized Renewable Energy Technologies.--In addition
to amounts otherwise available, there is appropriated to the
Secretary, out of any money in the Treasury not otherwise
appropriated, to provide grants and other financial assistance
under the program described in subsection (a) relating to
underutilized renewable energy technologies, and to provide
technical assistance for applying to such program, as
determined by the Secretary, and to the extent the following
amounts remain available at the end of each fiscal year, the
Secretary shall use such amounts in accordance with subsection
(a)--
(1) $143,250,000 for fiscal year 2022, to remain
available until September 30, 2031, and for which there
may be no outlays after September 30, 2031; and
(2) $48,000,000 for each of fiscal years 2023 through
2027, to remain available until September 30, 2031, and
for which there may be no outlays after September 30,
2031.
(c) Non-federal Share.--Notwithstanding section 9007(c)(3)(A)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107(c)(3)(A)), the amount of a grant provided using amounts
made available by this section shall not exceed 50 percent of
the cost of the activity carried out using the grant funds.
SEC. 12006. BIOFUEL INFRASTRUCTURE AND AGRICULTURE PRODUCT MARKET
EXPANSION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $960,000,000, to remain available until September
30, 2031, to carry out this section.
(b) Use of Funds.--The Secretary shall use the amounts made
available by subsection (a) to provide grants, on a competitive
basis, to eligible entities described in subsection (c)--
(1) to install, retrofit, or otherwise upgrade fuel
dispensers or pumps and related equipment, storage tank
system components, and other infrastructure required at
a location to ensure the environmentally safe
availability of fuel containing ethanol blends at
levels greater than 10 percent (as determined by the
Secretary) or fuel containing biodiesel blends at
levels greater than 20 percent (as determined by the
Secretary); and
(2) to build and retrofit distribution systems for
ethanol blends, traditional and pipeline biodiesel
terminal operations (including rail lines), and home
heating oil distribution centers or equivalent
entities--
(A) to blend biodiesel; and
(B) to carry ethanol and biodiesel.
(c) Eligible Entities.--Entities eligible to receive a grant
under this section are transportation fueling facilities and
distribution facilities, including fueling stations,
convenience stores, hypermarket retailer fueling stations,
fleet facilities, as well as fuel terminal operations,
midstream partners, and heating oil distribution facilities or
equivalent entities.
(d) Federal Share.--The Federal share of the total cost of
carrying out a project for which a grant is provided under this
section shall be not more than 75 percent.
(e) Limitation.--The Secretary may not limit the amount of
funding an eligible entity may receive under this section.
SEC. 12007. CLEAN ENERGY REPOWERING FOR RURAL UTILITIES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $9,700,000,000, to remain available until
September 30, 2031, to provide to an eligible entity assistance
under paragraphs (1) and (2) by prioritizing such assistance to
eligible entities that will achieve the greatest reduction in
greenhouse gas emissions using such assistance and that will
otherwise aid disadvantaged communities (as determined by the
Secretary) when--
(1) making grants and loans (including the cost of
loans and modifications thereof as defined in section
502 of the Congressional Budget Act of 1974) to
purchase renewable energy or renewable energy systems
(as defined in section 9001(15) and (16) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C.
8101(15) and (16))), deploy renewable energy systems,
or make energy efficiency improvements after the date
of enactment of this Act; and
(2) making grants for debt relief and other costs
associated with terminating, after the date of
enactment of this Act or up to one year prior to the
date of enactment, the use of--
(A) facilities with high greenhouse gas
emissions; and
(B) related transmission assets.
(b) Limitation.--No eligible entity may receive an amount
equal to more than 10 percent of the total amount made
available by this section.
(c) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) an electric cooperative described in section
501(c)(12) or 1381(a)(2) of the Internal Revenue Code
of 1986; and
(2) an entity primarily owned or controlled by 1 or
more entities described in paragraph (1).
SEC. 12008. RURAL PARTNERSHIP PROGRAM.
(a) Rural Prosperity Development Grants.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,500,000,000, to remain
available until September 30, 2031, to carry out this
subsection to provide grants to support rural
development under this subsection.
(2) Allocation of funds.--
(A) Formula.--The Secretary shall establish a
formula pursuant to which the Secretary shall
allocate, for each State and for Indian Tribes,
an amount to be provided under this subsection
to eligible applicants described in paragraph
(3).
(B) Requirements.--
(i) Formula.--The formula established
under subparagraph (A) shall include a
graduated scale for the amount to be
allocated under this subsection for
eligible applicants in each State and
eligible applicants of Indian Tribes,
with higher amounts provided based on
lower populations and lower income
levels, as determined by the Secretary.
(ii) Priority.--In awarding grants
under this subsection to eligible
applicants in each State and eligible
applicants of Indian Tribes, the
Secretary shall give priority to
eligible applicants representing a
micropolitan statistical area (as
defined by the Office of Management and
Budget) and 1 or more rural areas
contiguous to that micropolitan
statistical area.
(3) Eligible applicants.--The Secretary may make a
grant under this subsection to a partnership no member
of which has received a grant under subsection (b) and
that--
(A) is composed of--
(i) entities representing a region
composed of 1 or more rural areas,
including--
(I) except as provided in
subparagraph (B), 1 or more
of--
(aa) a unit of local
government;
(bb) a Tribal
government; or
(cc) an authority,
agency, or
instrumentality of an
entity described in
item (aa) or (bb); and
(II) a nonprofit or for-
profit organization, including
a public benefit corporation,
an economic development
organization, a community or
labor organization, an
institution of higher
education, a community
development financial
institution, a philanthropic
organization, an
instrumentality of a State
agency relevant to community
and rural development, a
cooperative extension, an
institution in the Farm Credit
System, and a local food policy
council; and
(ii) such other entities as the
Secretary or the partnership may
determine to be appropriate;
(B) does not include a member described in
subparagraph (A)(i)(I), but demonstrates
significant community support sufficient to
support a likelihood of success on the proposed
projects, as determined by the Secretary; and
(C) demonstrates, as determined by the
Secretary, cooperation among the members of the
partnership necessary to complete
comprehensive, asset-based rural development to
align Federal, State, regional, and Tribal
investment, while leveraging nongovernmental
resources, to build economic resilience and aid
economic recovery, including in communities
impacted by economic transitions and climate
change.
(4) Eligible activities.--The use of grant funds
provided under this subsection may be used for the
following purposes, provided that, where applicable,
the performance of any construction work completed with
the grant funds shall meet the condition described
section 9003(f) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8103(f)):
(A) Conducting comprehensive rural
development and pre-development activities and
planning.
(B) Supporting organizational operating
expenses relating to the rural development
activities for which the grant was provided.
(C) Implementing planned rural development
activities and projects.
(5) Terms and conditions.--
(A) In general.--The recipient of a grant
under this subsection may not receive an
additional grant under this subsection or
funding to implement activities pursuant to a
rural development plan unless the recipient
provides to the Secretary an annual plan and
report, which the Secretary has approved, on
the use of each grant provided to the recipient
under this subsection.
(B) Limitation.--Not more than 25 percent of
amounts received by a recipient of a grant
under this subsection may be used to satisfy a
Federal matching requirement of any other
program.
(6) Matching requirement.--
(A) In general.--Subject to subparagraph (B),
the recipient of a grant under this subsection
shall contribute a non-Federal match of 25
percent of the amount of the grant, which may
be satisfied through an in-kind contribution.
(B) Waiver.--The Secretary may waive any
portion of the matching requirement described
in subparagraph (A) on a finding that the
recipient of the applicable grant is
economically distressed.
(b) Rural Prosperity Innovation Grants.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $370,000,000, to remain
available until September 30, 2031, to carry out this
subsection.
(2) Eligible applicants.--The Secretary may make a
grant under this subsection to an entity that has not
received a grant under subsection (a) and that--
(A) serves rural areas; and
(B) is a qualified nonprofit corporation or
an institution of higher education.
(3) Eligible activities.--A grant provided under this
subsection may be used--
(A) to support activities of the recipient
relating to--
(i) development and predevelopment
planning aspects of rural development;
and
(ii) organizational capacity-building
necessary to support the rural
development activities funded by the
grant; and
(B) to support the recipient of a grant under
subsection (a) in carrying out activities for
which that grant was provided.
(4) Matching requirement.--The recipient of a grant
under this subsection shall contribute a non-Federal
match of 20 percent of the amount of the grant.
(c) Definitions.--In this section:
(1) Rural area.--The term ``rural area'' has the
meaning given the term in section 343(a)(13)(C) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1991(a)(13)(C)).
(2) State.--The term ``State'' means--
(A) the 50 States of the United States;
(B) the District of Columbia; and
(C) the insular areas.
SEC. 12009. ADDITIONAL USDA RURAL DEVELOPMENT ADMINISTRATIVE FUNDS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $545,000,000,
to remain available until September 30, 2031, for
administrative costs and salaries and expenses for the Rural
Development mission area and for research, data collection, and
other associated costs for section 12008.
Subtitle D--Research and Urban Agriculture
SEC. 13001. DEPARTMENT OF AGRICULTURE RESEARCH FUNDING.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary, out of any
money in the Treasury not otherwise appropriated, to remain
available until September 30, 2031--
(1) to the Agricultural Research Service,
$250,000,000 for fiscal year 2022, to carry out
agricultural research relating to climate change,
including through climate hubs, long-term agroecosystem
research, nutrient uses and outcomes, soil carbon data
collection, and other related agricultural climate
science;
(2) to the Economic Research Service, $45,000,000 for
fiscal year 2022, to carry out economic analysis and
economic agricultural research relating to climate
change;
(3) to the Office of the Chief Economist, $3,200,000
for each of fiscal years 2022 through 2026, to carry
out economic analysis and economic agricultural
research relating to climate change and environmental
services markets;
(4) to the National Agricultural Statistics Service--
(A) $40,000,000 for fiscal year 2022, to
carry out data collection and agricultural
research relating to climate change; and
(B) $14,000,000 for fiscal year 2022, for
measurements, a survey, and data collection to
conduct the study required under section
7212(b) of the Agriculture Improvement Act of
2018 (Public Law 115-334; 132 Stat. 4812),
which shall be completed not later than
December 31, 2022;
(5) to the National Institute of Food and
Agriculture--
(A) to carry out agricultural education,
extension, and research relating to climate
change--
(i) through the Agriculture and Food
Research Initiative established by
subsection (b) of the Competitive,
Special, and Facilities Research Grant
Act (7 U.S.C. 3157(b))--
(I) $25,000,000 for each of
fiscal years 2022 and 2023; and
(II) $150,000,000 for each of
fiscal years 2024 through 2026;
(ii) through the sustainable
agriculture research education program
established under sections 1619, 1621,
1622, 1628, and 1629 of the Food,
Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5801, 5811, 5812,
5831, 5832)--
(I) $25,000,000 for each of
fiscal years 2022 and 2023; and
(II) $150,000,000 for each of
fiscal years 2024 through 2026;
(iii) through the crop protection
pest management competitive grant
program authorized under section 406 of
the Agricultural Research, Extension,
and Education Reform Act of 1998 (7
U.S.C. 7626), $30,000,000 for fiscal
year 2022;
(iv) through the Agricultural Genome
to Phenome Initiative established under
section 1671 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7
U.S.C. 5924), $20,000,000 for fiscal
year 2022;
(v) through the organic agriculture
research and extension initiative
established under section 1672B of the
Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925b)--
(I) $15,000,000 for fiscal
year 2022;
(II) $5,000,000 for fiscal
year 2023; and
(III) $60,000,000 for each of
fiscal years 2024 through 2026;
(vi) through the urban, indoor, and
other emerging agricultural production
research, education, and extension
initiative established under section
1672E of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7
U.S.C. 5925g), $65,000,000 for fiscal
year 2022;
(vii) through the centers of
excellence led by 1890 Institutions
established under section 1673(d) of
the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C.
5926(d)), $15,000,000 for fiscal year
2022;
(viii) through the specialty crop
research and extension initiative
established by section 412 of the
Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C.
7632)--
(I) $10,000,000 for each of
fiscal years 2022 and 2023; and
(II) $60,000,000 for each of
fiscal years 2024 through 2026;
(ix) through the cooperative
extension under the Smith-Lever Act (7
U.S.C. 341 et seq.) for technical
assistance, technology adoption, and
other extension activities relating to
climate change--
(I) $60,000,000 for each of
fiscal years 2022 and 2023; and
(II) $160,000,000 for each of
fiscal years 2024 through 2026;
(x) through the cooperative extension
at 1994 Institutions in accordance with
section 3(b)(3) of the Smith-Lever Act
(7 U.S.C. 343(b)(3)), $8,000,000 for
each of fiscal years 2022 through 2026;
and
(xi) through the cooperative
extension at 1890 Institutions under
section 1444 of the National
Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C.
3221), $25,200,000 for each of fiscal
years 2022 through 2026;
(B) $2,664,500,000 for fiscal year 2022, for
grants for construction, alteration,
acquisition, modernization, renovation, or
remodeling of agricultural research facilities,
including related building costs associated
with compliance with applicable Federal and
State law, under section 4 of the Research
Facilities Act (7 U.S.C. 390b), subject to the
condition that, notwithstanding section
3(c)(2)(A) of that Act (7 U.S.C.
390a(c)(2)(A)), the recipient of a grant
provided using those amounts shall not be
required to provide any non-Federal share of
total funding provided under this subparagraph;
(C) $985,500,000 for fiscal year 2022, for
grants to covered institutions for
construction, alteration, acquisition,
modernization, renovation, or remodeling of
agricultural research facilities, including
related building costs associated with
compliance with applicable Federal and State
law, under section 4 of the Research Facilities
Act (7 U.S.C. 390b), subject to the condition
that notwithstanding section 3(c)(2)(A) of that
Act (7 U.S.C. 390a(c)(2)(A)), the recipient of
a grant provided using those amounts shall not
be required to provide any non-Federal share of
total funding provided under this subparagraph;
(D) $100,000,000 for fiscal year 2022, for
research equipment grants under section 1462A
of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310a);
(E) for the scholarships for students at 1890
Institutions grant program under section 1446
of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3222a)--
(i) $10,000,000 for each of fiscal
years 2022 and 2023;
(ii) $50,000,000 for each of fiscal
years 2024 and 2025; and
(iii) $70,000,000 for fiscal year
2026;
(F) $10,000,000 for each of fiscal years 2022
through 2026, for grants to land-grant colleges
and universities to support Tribal students
under section 1450 of that Act (7 U.S.C. 3222e)
and for purposes of this subparagraph, section
1450(b)(4) of such Act shall not apply; and
(G) $10,000,000 for each of fiscal years 2022
through 2026, for the Higher Education
Multicultural Scholars Program carried out
pursuant to section 1417 of that Act (7 U.S.C.
3152);
(6) to the Office of the Chief Scientist, to carry
out advanced research and development relating to
climate through the Agriculture Advanced Research and
Development Authority under section 1473H of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3319k)--
(A) $10,000,000 for each of fiscal years 2022
and 2023; and
(B) $120,000,000 for each of fiscal years
2024 through 2026;
(7) to the Foundation for Food and Agriculture
Research, to carry out activities relating to climate
change in accordance with section 7601 of the
Agricultural Act of 2014 (7 U.S.C. 5939), to be
considered as provided pursuant to subsection (g)(1)(A)
of that section, and subject to the condition that the
Foundation shall not secure funds from any institution
of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)) to
fulfill the matching funds requirement under section
7601(g)(1)(B)(i) of the Agricultural Act of 2014 (7
U.S.C. 5939(g)(1)(B)(i))--
(A) $45,000,000 for each of fiscal years 2022
and 2023; and
(B) $150,000,000 for each of fiscal years
2024 through 2026;
(8) for biomass research, $5,000,000 for fiscal year
2022, to carry out agriculture climate research on
biomass, including pyrolysis and biochar, and related
activities in accordance with section 9008 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C.
8108); and
(9) to the Office of Urban Agriculture and Innovative
Production, $62,000,000 for each of fiscal years 2022
and 2023, to carry out activities in accordance with
section 222 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6923).
(b) Covered Institution Defined.--In this section, the term
``covered institution'' means--
(1) an 1890 Institution (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
(2) a 1994 Institution (as defined in section 532 of
the Equity in Educational Land-Grant Status Act of 1994
(7 U.S.C. 301 note; Public Law 103-382));
(3) an Alaska Native serving institution or Native
Hawaiian serving institution eligible to receive grants
under subsections (a) and (b), respectively, of section
1419B of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3156);
(4) Hispanic-serving agricultural colleges and
universities and Hispanic-serving institutions (as
those terms are defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103));
(5) an eligible institution (as defined in section
1489 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3361)
(relating to institutions of higher education in
insular areas)); and
(6) the University of the District of Columbia
established pursuant to the Act of July 2, 1862
(commonly known as the ``First Morrill Act'') (7 U.S.C.
301 et seq.).
SEC. 13002. LIMITATION.
The funds made available under this subtitle are subject to
the condition that the Secretary shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond
September 30, 2031; and
(B) under which any payment could be outlaid
or funds disbursed after September 30, 2031;
and
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this subtitle.
Subtitle E--Miscellaneous
SEC. 14001. ADDITIONAL SUPPORT FOR USDA OFFICE THE INSPECTOR GENERAL.
In addition to amounts otherwise made available, there is
appropriated to the Office of the Inspector General of the
Department of Agriculture for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $5,000,000 to
remain available until September 30, 2031, for audits,
investigations, and other oversight activities of projects and
activities carried out with funds made available to the
Department of Agriculture under this title.
TITLE II--COMMITTEE ON EDUCATION AND LABOR
Subtitle A--Education Matters
PART 1--ELEMENTARY AND SECONDARY EDUCATION
SEC. 20001. REBUILD AMERICA'S SCHOOLS GRANT PROGRAM.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Department of Education--
(1) for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,270,000,000, to
remain available until September 30, 2025, for carrying
out this section; and
(2) for each of fiscal years 2023 through 2024, out
of any money in the Treasury not otherwise
appropriated, $39,643,650,000, to remain available
until September 30, 2026, for carrying out this
section.
(b) Rebuild America's Schools Grants Authorized.--From funds
provided under paragraphs (1) and (2) of subsection (a), the
Secretary shall award grants in fiscal years 2022 through 2024
to State educational agencies in accordance with subsection
(c).
(c) Rebuild America's Schools Grants.--
(1) Eligibility.--A State educational agency is
eligible for an allocation under this section--
(A) with respect to fiscal year 2022, for the
purpose of public school facilities inventory
efforts in accordance with paragraph (3)(A);
and
(B) with respect to fiscal years 2023 and
2024, if such State educational agency has had
approved by the Secretary a State facilities
plan developed under paragraph (3)(A)(ii)(I),
for the purpose of improving public school
facilities in accordance with paragraph (3)(B).
(2) Allocations to states.--The amount allocated to
each State educational agency under paragraph (1) shall
be in the same proportion as the amounts distributed to
the State under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311) in the
most recent fiscal year, relative to the total amount
received under such part by all other States receiving
an allocation under this section in such fiscal year.
(3) State uses of funds.--A State educational agency
that receives an allocation under paragraph (1)--
(A) with respect to fiscal year 2022, shall
use--
(i) not less than 80 percent of such
allocation to award subgrants to local
educational agencies (including public
charter schools that are local
educational agencies) in the State, in
proportion to the amount of funds such
local educational agencies and charter
schools received under part A of title
I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311)
in the most recent fiscal year, to
support each such local educational
agency in--
(I) the development and
publication of a local
facilities master plan to
address the health, safety,
education equity, enrollment
diversity, environmental
sustainability, and climate
resiliency of the public school
facilities operated by such
agency; and
(II) the collection and
submission of data to the State
educational agency to support
implementation of the State
school facilities database; and
(ii) not more than 20 percent of such
allocation to--
(I) develop a State
facilities plan that details--
(aa) how the State
will use grant funds
received under this
section and State funds
to make improvements to
public school
facilities of eligible
local educational
agencies to address
disparities in both the
financing and
expenditures of school
facilities capital
outlay projects and in
the conditions of
public school
facilities between
eligible local
educational agencies
and other local
educational agencies in
the State;
(bb) how the State
will develop a
competitive process to
provide subgrants to
eligible local
educational agencies,
including the State's
criteria for subgrant
eligibility; and
(cc) how the State
will, in carrying out
the competitive process
for subgrants described
in item (bb), take into
consideration the
impact that such
subgrants may have on
increasing student
diversity and
decreasing racial and
socioeconomic isolation
of students attending
public elementary or
secondary schools
improved by such
subgrants;
(II) develop and operate
(directly or through grants or
contracts) the State school
facilities database; and
(III) provide technical
assistance to local educational
agencies in carrying out
activities described in clause
(i) and supports related to the
requirements of paragraph (4)
for eligible local educational
agencies; and
(B) with respect to each of fiscal years 2023
and 2024, shall--
(i) use not less than 90 percent of
such allocation to award subgrants on a
competitive basis to eligible local
educational agencies with approved
applications described in paragraph
(4)(A); and
(ii) use not more than 10 percent of
such allocation to--
(I) maintain and update
(directly or through grants or
contracts) the State school
facilities database;
(II) provide technical
assistance to eligible local
educational agencies in the
State in carrying out school
facilities capital outlay
projects, including technical
assistance regarding capital
construction, energy
efficiency, and climate
resiliency;
(III) develop and implement
State-level strategies for
safe, healthy, energy
efficient, and environmentally
resilient public school
facilities that address--
(aa) indoor air
quality;
(bb) water quality;
(cc) energy and water
efficiency;
(dd) renewable energy
and decarbonization;
(ee) exposure to
toxic substances,
including mercury,
radon, polychlorinated
biphenyls, lead, vapor
intrusions, and
asbestos;
(ff) climate
resiliency;
(gg) emergency
preparedness for
natural or man-made
disasters or
emergencies; and
(hh) structural
hazards created by
pyrrhotite, as
determined by an
engineer's report and
pyrrhotite testing;
(IV) provide professional
development opportunities for
State and local staff involved
in maintenance and operations
and school facilities capital
outlay projects; and
(V) administer and monitor
the implementation of subgrants
provided under clause (i).
(4) Rebuild america's schools subgrants to eligible
local educational agencies.--
(A) Application.--The State educational
agency shall require an eligible local
educational agency desiring a subgrant under
paragraph (3)(B)(i) to submit an application to
the State educational agency that, at a
minimum, includes--
(i) a certification that the eligible
local educational agency shall use
subgrant funds for school facilities
capital outlay projects that prioritize
the improvement of the public school
facilities of such agency that serve
the highest numbers or percentages of
students who are eligible for a free or
reduced price lunch under the Richard
B. Russell National School Lunch Act
(42 U.S.C. 1751), under a method
established by the Secretary; and
(ii) such agency's facilities master
plan.
(B) Rebuild america's schools subgrant use of
funds.--An eligible local educational agency
that receives a subgrant under paragraph
(3)(B)(i) shall use such funds to carry out
school facilities capital outlay projects,
including 1 or more of the following:
(i) Assessing, planning, designing,
constructing, modernizing,
retrofitting, or decarbonizing public
school facilities.
(ii) Carrying out major repairs of
public school facilities, including
repairs to extend the life of
facilities systems and components by
not less than 10 years.
(iii) Upgrading or replacing major
facilities systems, components,
furniture, fixtures, and equipment with
a life of not less than 10 years.
(iv) Constructing new public school
facilities, including when student
enrollment exceeds the physical and
instructional capacity of public school
facilities.
(v) Purchasing and preparing sites on
which public school facilities will be
constructed.
(vi) Improving energy and water
efficiency in public school facilities,
including improvements related to clean
energy.
(vii) Reducing or eliminating the
presence of health and safety hazards
in public school facilities,
including--
(I) toxic substances,
including mercury, radon,
polychlorinated biphenyls,
lead, and asbestos;
(II) mold or mildew;
(III) rodents and pests; and
(IV) structural hazards
created by pyrrhotite.
(viii) Improving instructional or
outdoor public school facilities
relating to early learning, special
education, science, technology, career
and technical education, physical
education, the arts, literacy
(including library programs), or
community-based partnerships.
(ix) Improving the public school
facilities of magnet schools, or other
instructional programs, designed to
increase student diversity and decrease
racial or socioeconomic isolation.
(x) Supporting independent
commissioning and certification of
public school facilities, public school
facility systems, and school facilities
capital outlay projects.
(d) Conditions.--
(1) State matching requirement.--
(A) In general.--As a condition of receiving
an allocation under subsection (c)(1)(B), a
State shall contribute, from non-Federal
sources, an amount equal to 10 percent of the
amount of the allocation received under such
subsection to carry out activities supported by
such allocation.
(B) Exemption.--States that contributed an
average of 10 percent or greater toward total
local educational agency capital outlay from
non-Federal funds, within the most recent 5-
year fiscal period, are exempt from the State
matching requirement under subparagraph (A).
(2) State maintenance of effort.--
(A) In general.--The State shall provide an
assurance to the Secretary that for each fiscal
year that the State receives an allocation
under this section, the State's share of school
facilities capital outlay will be not less than
90 percent of the average of the State's share
of school facilities capital outlay for the 5
years preceding the 2020 fiscal year.
(B) Waiver.--Notwithstanding subparagraph
(A), in response to a request from a State, the
Secretary may modify or waive, in whole or in
part, the requirement of subparagraph (A) if
the Secretary determines that such State
demonstrates an exceptional or uncontrollable
circumstance, such as a natural disaster,
pandemic, or precipitous decline in revenue.
(3) Supplement not supplant.--As a condition of
receiving an allocation under subsection (c)(1)(B), a
State shall use funds received under this section only
to supplement the level of State and local public funds
that would, in the absence of the receipt of Federal
funds under this section, be made available for the
State's contribution to school facilities capital
outlays, and not to supplant those other funds.
(e) Definitions.--
(1) ESEA terms.--The terms ``elementary school'',
``local educational agency'', ``secondary school'', and
``State educational agency'' have the meanings given
the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Eligible local educational agency.--The term
``eligible local educational agency'' means a local
educational agency (including a public charter school
that is a local educational agency under State law) in
a State that--
(A) is identified by the State based on the
criteria established under the State facilities
plan as among the local educational agencies in
such State with--
(i) the highest numbers or
percentages of students counted under
section 1124(c) of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6333(c)); or
(ii) the most limited capacity to
raise funds for the long-term
improvement of public school
facilities, as determined by an
assessment of factors determined by the
Secretary;
(B) certifies that any funds received under
this section shall be used to prioritize the
improvement of public school facilities of
public elementary or secondary schools that
serve the highest percentages of students who
are eligible for a free or reduced price lunch
under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751), under a method
established by the Secretary; and
(C) certifies that any public school
facilities improved by funds received under
this section are--
(i) operated and managed by a public
agency or a non-profit private entity;
and
(ii)(I) owned or leased from a public
agency; or
(II) owned or leased from a private
entity, except that no individual
associated with such private entity may
have a financial interest or management
role in the local educational agency.
(3) Local facilities master plan.--The term ``local
facilities master plan'' means a plan of a local
educational agency developed under subsection
(c)(3)(A)(i)(I) by the local educational agency, in
consultation with local stakeholders, which includes an
assessment of such agency's public school facilities,
financing of school capital project outlays, and
student enrollment levels, and other factors determined
by the Secretary.
(4) Operations and maintenance of school
facilities.--The term ``operations and maintenance of
school facilities'' means the labor, contracts, and
supplies and materials supported by a local educational
agency's annual operating budget related to--
(A) cleaning, groundskeeping, and preventive
and routine maintenance of public school
facilities and grounds;
(B) minor repairs and operations of building
systems and equipment for public school
facilities; and
(C) payments for utilities for public school
facilities.
(5) Public school facility.--The term ``public school
facility'' means a school facility operated by a local
educational agency that is primarily used to educate
students, including outdoor facilities and grounds, but
does not include--
(A) a facility that is primarily used for
athletic contests or exhibitions or other
events for which admission is charged to the
general public;
(B) a vehicle; or
(C) a district central office, operation
center, or other school facility if it is not
primarily used to educate students.
(6) School facilities capital outlay project.--The
term ``school facilities capital outlay project'' means
the assessment, planning, design, construction,
renovation, repair, management, and financing of a
public school facility project with a life expectancy
of at least 10 years, but does not include operations
and maintenance of school facilities.
(7) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(8) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
(9) State's contribution to school facilities capital
outlays.--The term ``State's contribution to school
facilities capital outlays'' means the total amount of
State appropriations on elementary and secondary
education capital expenditures in the State,
including--
(A) State aid reimbursements for school
facilities capital outlay projects;
(B) State payment of debt service for school
facilities capital outlay projects;
(C) direct payment of school facilities
capital outlay projects; and
(D) grants or facilities allowances to
charter schools for facilities capital
projects.
(10) State facilities plan.--The term ``State
facilities plan'' means a State's plan developed by the
State educational agency, in accordance with subsection
(c)(3)(A)(ii)(I) and including plan elements determined
by the Secretary, for the purpose of being eligible for
an allocation described in subsection (c)(1)(B).
(11) State school facilities database.--The term
``State school facilities database'' means an
electronic, publicly available database maintained by
the State educational agency that contains an inventory
of the infrastructure of all public school facilities
in the State, including the data elements determined by
the Secretary.
SEC. 20002. OUTLYING AREAS.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $410,900,000, to remain available until September
30, 2026, for the Secretary of Education to allocate to each
outlying area (as defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)) an amount in
proportion to the amount received by the outlying area under
part A of title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311) in the most recent fiscal year
relative to the total amount received under such part for such
fiscal year by all outlying areas, to carry out the activities
described in section 20001(c) in the outlying areas.
SEC. 20003. IMPACT AID CONSTRUCTION GRANTS.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $410,900,000, to remain available until September
30, 2026, for making payments to local educational agencies in
accordance with the same terms and conditions as the terms and
conditions of section 7007 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7707), except that--
(1) subsection (a)(2)(A) of such section shall be
applied by substituting ``20 percent'' for ``50
percent'';
(2) subsection (a)(2)(B) of such section shall be
applied by substituting ``20 percent'' for ``50
percent''; and
(3) clauses (i) and (vi) of subsection (b)(5)(A) of
such section shall not apply to funds provided or
received under this section.
SEC. 20004. BUREAU OF INDIAN EDUCATION.
In addition to amounts otherwise available, there is
appropriated to the Bureau of Indian Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated--
(1) $369,810,000, to remain available until September
30, 2026, for necessary expenses related to
construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary
for the operation of Indian education programs,
including architectural and engineering services by
contract, acquisition of lands, and interests in lands,
of which no more than 3 percent shall be used for
administrative costs to carry out this section; and
(2) $41,090,000, to remain available until September
30, 2026, for digital infrastructure to improve access
to high-speed broadband sufficient for digital learning
and related digital infrastructure activities or
programs operated or funded by the Bureau of Indian
Education, for Bureau-funded schools (as defined in
section 1141(3) of the Education Amendments of 1978 (25
U.S.C. 2021(3))).
SEC. 20005. GALLAUDET UNIVERSITY.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $150,000,000, to remain available until September
30, 2026, for the Kendall Demonstration Elementary School and
the Model Secondary School for the Deaf at Gallaudet University
for construction, as defined in section 201(2) of the Education
of the Deaf Act of 1986 (20 U.S.C. 4351(2)).
SEC. 20006. GROW YOUR OWN PROGRAMS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Department of Education
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $197,000,000, to remain available
through September 30, 2025, to award grants for the development
and support of Grow Your Own Programs, as described in section
202(g) of the Higher Education Act of 1965 (20 U.S.C.
1022a(g)).
(b) In General.--Section 202 of the Higher Education Act of
1965 (20 U.S.C. 1022a) is amended--
(1) in subsection (b)(6)(C), by striking ``subsection
(f) or (g)'' and inserting ``subsection (f) or (h)'';
(2) in subsection (c)(1), by inserting ``a Grow Your
Own program under subsection (g),'' after ``subsection
(e),'';
(3) by redesignating subsections (g), (h), (i), (j),
and (k), as subsections (h), (i), (j), (k), and (l),
respectively; and
(4) by inserting after subsection (f) the following:
``(g) Partnership Grants for the Establishment of `Grow Your
Own' Programs.--
``(1) In general.--An eligible partnership that
receives a grant under this section shall carry out an
effective `Grow Your Own' program to address shortages
of teachers in high-need subjects, fields, schools, and
geographic areas, or shortages of school leaders in
high-need schools, and to increase the diversity of
qualified individuals entering into the teacher,
principal, or other school leader workforce.
``(2) Requirements of a grow your own program.--In
addition to carrying out each of the activities
described in paragraphs (1) through (6) of subsection
(d), an eligible partnership carrying out a Grow Your
Own program under this subsection shall--
``(A) integrate career-focused courses on
education topics with a year-long school-based
clinical experience in which candidates teach
or lead alongside an expert mentor teacher or
school leader who is the teacher or school
leader of record in the same local educational
agencies in which the candidates expect to
work;
``(B) provide opportunities for candidates to
practice and develop teaching skills or school
leadership skills;
``(C) support candidates as they complete
their associate (in furtherance of their
baccalaureate), baccalaureate, or master's
degree or earn their teaching or school
leadership credential;
``(D) work to provide academic, counseling,
and programmatic supports to candidates;
``(E) provide academic and nonacademic
supports, including advising and financial
assistance, to candidates to enter and complete
teacher or school leadership preparation
programs and to access and complete State
licensure exams;
``(F) include efforts to recruit individuals
with experience in high-need subjects or fields
who are not certified to teach or lead, with a
specific focus on recruiting individuals--
``(i) from groups or populations that
are underrepresented; and
``(ii) who live in and come from the
communities the schools serve;
``(G) evaluate the effectiveness of the
program, including, at a minimum, using the
data required under section 204(a)(1);
``(H) require candidates to complete all
State requirements to become fully certified;
and
``(I) provide stipends for candidates to
engage in school-based clinical placements.''.
SEC. 20007. TEACHER RESIDENCIES.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $198,000,000, to remain available through
September 30, 2025, to award grants for the development and
support of high-quality teaching residency programs, as
described in section 202(e) of the Higher Education Act of 1965
(20 U.S.C. 1022a(e)), except that amounts available under this
section shall be available for residency programs for
prospective teachers in a bachelor's or master's degree
program.
SEC. 20008. SUPPORT SCHOOL PRINCIPALS.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $198,000,000, to remain available through
September 30, 2025, to award grants for the development and
support of school leadership programs, as described in section
2243 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6673).
SEC. 20009. HAWKINS.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $198,000,000, to remain available through
September 30, 2025, to award grants for the Augustus F. Hawkins
Centers of Excellence Program, as described in section 242 of
the Higher Education Act of 1965 (20 U.S.C. 1033a).
SEC. 20010. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES EDUCATION
PART D PERSONNEL DEVELOPMENT.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $297,000,000, to remain available until September
30, 2025, for personnel development in section 662 of the
Individuals with Disabilities Education Act (20 U.S.C. 1462).
PART 2--HIGHER EDUCATION
Subpart A--America's College Promise
SEC. 20021. GRANTS FOR TUITION-FREE COMMUNITY COLLEGE.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133
et seq.) is amended by adding at the end the following:
``PART F--AMERICA'S COLLEGE PROMISE
``Subpart 1--Grants for Tuition-Free Community College
``SEC. 785. GRANT AWARDS.
``(a) In General.--Beginning with award year 2023-2024, from
amounts appropriated to carry out this subpart for any fiscal
year, the Secretary shall award grants to States and eligible
Tribal Colleges and Universities to pay the Federal share of
expenditures needed to carry out the activities and services
described in section 789.
``(b) Timing of Grant Awards.--The Secretary shall award
grant funds under subsection (a) for an award year not less
than 30 days before the first day of the award year.
``SEC. 786. FEDERAL SHARE; STATE SHARE.
``(a) Federal Share.--
``(1) In general.--
``(A) Amount.--Subject to paragraph (2), the
amount of the Federal share of a grant under
this subpart shall be based on a formula that
provides, for each eligible student enrolled in
a community college operated or controlled by
the State or in an eligible Tribal College or
University, a per-student amount (based on
full-time equivalent enrollment) that is equal
to the applicable percent described in
subparagraph (B), or the percent described in
paragraph (2) with respect to an eligible
Tribal College or University, of--
``(i) for the 2023-2024 award year,
the median resident community college
tuition and fees per student in all
States, not weighted for enrollment,
for the most recent award year for
which data are available; and
``(ii) for each subsequent award
year, the amount determined under this
paragraph for the preceding award year,
increased by the lesser of--
``(I) a percentage equal to
the estimated percentage
increase in the Consumer Price
Index (as determined by the
Secretary) since the date of
such determination; or
``(II) 3 percent.
``(B) Applicable percent.--The applicable
percent for a State receiving a grant under
this subpart shall be--
``(i) for the 2023-2024 award year,
100 percent;
``(ii) for the 2024-2025 award year,
95 percent;
``(iii) for the 2025-2026 award year,
90 percent;
``(iv) for the 2026-2027 award year,
85 percent; and
``(v) for the 2027-2028 award year,
80 percent.
``(2) Tribal colleges and universities.--The amount
of the Federal share for an eligible Tribal College or
University receiving a grant under this subpart shall
be the greater of--
``(A) 100 percent of the per-student amount
determined in accordance with clause (i) or
(ii) of paragraph (1)(A), as applicable, with
respect to eligible students enrolled in such
eligible Tribal College or University (based on
full-time equivalent enrollment); or
``(B) the amount that is 100 percent of the
total amount needed to set tuition and fees to
$0 for all eligible students enrolled in such
eligible Tribal College or University for the
2021-2022 award year, increased by the
percentage increase in the Consumer Price Index
(as determined by the Secretary) between July
1, 2021, and the applicable award year, and
adjusted to reflect the enrollment in such
eligible Tribal College or University for such
applicable award year.
``(b) State Share.--
``(1) Formula.--
``(A) In general.--The State share of a grant
under this subpart for each award year shall be
the amount needed to pay the applicable percent
described in subparagraph (B) of the median
resident community college tuition and fees in
all States, not weighted for enrollment, per
student (based on full-time equivalent
enrollment) determined in accordance with
subsection (a)(1)(A)(i) for all eligible
students enrolled in a community college
operated or controlled by the State for such
award year.
``(B) Applicable percent.--The applicable
percent shall be--
``(i) for the 2023-2024 award year, 0
percent;
``(ii) for the 2024-2025 award year,
5 percent;
``(iii) for the 2025-2026 award year,
10 percent;
``(iv) for the 2026-2027 award year,
15 percent; and
``(v) for the 2027-2028 award year,
20 percent.
``(C) Obligation to provide share.--The State
shall provide the State share even if the State
is able to set tuition and fees charged to
eligible students attending community colleges
operated or controlled by the State to $0 as
required by section 788(a) without such State
share.
``(D) No double counting funds.--Except with
respect to funding described in paragraph
(2)(A), no funds that count toward the
maintenance of effort requirement under section
788(c) may also count toward the State share
under this subsection.
``(E) Special rule for outlying areas and
territories.--
``(i) In general.--If the Secretary
determines that requiring an outlying
area or territory to provide a State
share in accordance with this
subsection would represent a
substantial hardship for the outlying
area or territory, the Secretary may
reduce or waive the State share for
such area or territory. If the
Secretary so reduces or waives the
amount of the State share of an
outlying area or territory, the
Secretary shall increase the applicable
percent used to calculate the Federal
share for such area or territory, in
proportion to the reduction in the
applicable percent used to calculate
such State share.
``(ii) Definition.--For the purposes
of this subparagraph, the term
`outlying area or territory' means the
Commonwealth of Puerto Rico, the
District of Columbia, Guam, American
Samoa, the United States Virgin
Islands, the Commonwealth of the
Northern Mariana Islands, and the
Freely Associated States.
``(2) Inclusion of state financial aid and local
funds.--In the case of a State that demonstrates to the
satisfaction of the Secretary that community colleges
operated or controlled by such State will not
experience a net reduction in total per-student revenue
(including revenue derived from tuition and fees) as
compared to the preceding fiscal year in such State, a
State may include, as part of the State share--
``(A) any financial aid that is provided from
State funds to an eligible student and that--
``(i)(I) is not awarded predominantly
on the basis of merit, including
programs awarded on the basis of
predicted or actual academic
performance or assessments; and
``(II) may be used by such student to
pay any component of cost of
attendance, as defined under section
472; and
``(B) any funds provided to community
colleges by local governments in such State for
the purpose of carrying out this subpart.
``(3) Relationship to maintenance of effort.--The
inclusion of funds described in paragraph (2) as part
of a State's share shall modify the maintenance of
effort requirements under section 788(c) in accordance
with the provisions of--
``(A) section 791(10)(B)(iii), with respect
to funds included under paragraph (2)(A); and
``(B) section 791(10)(A)(ii), with respect to
funds included under paragraph (2)(B).
``(4) No in-kind contributions.--A State shall not
include in-kind contributions for purposes of the State
share described in paragraph (1).
``(c) Determining Number of Eligible Students.--
``(1) In general.--For purposes of subsections (a)
and (b), the Secretary shall, in consultation with the
State or eligible Tribal College or University
concerned, determine the estimated number of eligible
students enrolled in the community colleges operated or
controlled by such State or in such eligible Tribal
College or University for the applicable award year.
``(2) Adjustment of grant amount.--For each year for
which a State or eligible Tribal College or University
receives a grant under this subpart, the Secretary
shall, once final enrollment data for such year are
available--
``(A) in consultation with the State or
eligible Tribal College or University
concerned, determine the actual number of
eligible students enrolled in the community
colleges operated or controlled by such State
or in such eligible Tribal College or
University for the year covered by the grant;
and
``(B) adjust the Federal share of the grant
amount received by the State or eligible Tribal
College or University and the State share under
subsection (b) to reflect the actual number of
eligible students, which may include applying
the relevant adjustment to such Federal share
or the State share, or both, in the subsequent
award year.
``(d) Community Colleges Operated or Controlled by State to
Include Community Colleges Operated or Controlled by Local
Governments Within the State.--For purposes of this subpart,
the term `community college operated or controlled by a State'
shall include a community college operated or controlled by a
local government within such State.
``(e) Inapplicability of State Requirements to Eligible
TCUs.--The Secretary may not apply any requirements applicable
only to States under this subpart to an eligible Tribal College
or University, including the requirements under subsection (b),
section 788(b) and (c), and section 790.
``SEC. 787. APPLICATIONS.
``In order to receive a grant under this subpart, a State or
eligible Tribal College or University shall submit an
application to the Secretary that includes--
``(1) an estimate of the number of eligible students
enrolled in the community colleges operated or
controlled by the State or in the eligible Tribal
College or University and the cost of waiving tuition
and fees for all eligible students for each award year
covered by the grant;
``(2) in the case of a State, a list of each of the
community colleges operated or controlled by the State;
``(3) an assurance that each community college
operated or controlled by the State, or the eligible
Tribal College or University, as applicable, will set
community college tuition and fees for eligible
students to $0 as required by section 788(a);
``(4) a description of how the State or eligible
Tribal College or University will ensure that programs
leading to a recognized postsecondary credential meet
the quality criteria established by the State under
section 122(b)(1) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(b)(1)) or other quality
criteria determined appropriate by the State or
eligible Tribal College or University;
``(5) an assurance that each community college
operated or controlled by the State or the eligible
Tribal College or University, as applicable, has
entered into a program participation agreement under
section 487;
``(6) an assurance that the State or eligible Tribal
College or University will assist eligible students in
obtaining information about and accessing means-tested
Federal benefit programs and similar State, tribal, and
local benefit programs that can provide financial
assistance for any component of the student's cost of
attendance, as defined under section 472, other than
tuition and fees;
``(7) an assurance that, for each year of the grant,
the State or eligible Tribal College or University will
notify each eligible student of the student's remaining
eligibility for assistance under this subpart;
``(8) if the application is submitted by a State--
``(A) an assurance that the State will meet
the requirements of section 788(b)(1) relating
to the alignment of secondary and postsecondary
education; and
``(B) an assurance that the State will meet
the requirements of section 788(b)(2) relating
to the improvement of transfer pathways between
institutions of higher education; and
``(9) an assurance that the State or eligible Tribal
College or University will clearly communicate to
prospective students, including students with prior
college experience who have not completed a
postsecondary degree or credential, their families, and
the general public--
``(A) plans to implement the program funded
under this subpart; and
``(B) how eligible students can attend a
community college operated or controlled by the
State or an eligible Tribal College or
University without paying tuition and fees.
``SEC. 788. PROGRAM REQUIREMENTS.
``(a) General Requirements.--As a condition of receiving a
grant under this subpart in each award year, a State or
eligible Tribal College or University shall--
``(1) ensure that the total amount of tuition and
fees charged to an eligible student attending a
community college operated or controlled by the State
or the eligible Tribal College or University, as
applicable, is $0;
``(2) not apply financial assistance for which an
eligible student qualifies to tuition or fees; and
``(3) not use any funds provided under this subpart
for administrative purposes relating to such grant.
``(b) State Requirements.--In addition to the requirements
under subsection (a), as a condition of receiving a grant under
this subpart a State shall meet the following requirements:
``(1) Alignment of secondary and higher education.--
The State shall--
``(A) submit and implement a plan to align
the requirements for receiving a regular high
school diploma from public schools in the State
with the requirements for entering credit-
bearing coursework at community colleges in
such State; and
``(B) not later than 3 years after the date
on which the State first receives a grant under
this subpart, certify to the Secretary that
such alignment has been achieved.
``(2) Transfer pathways.--The State shall--
``(A) submit a plan, developed in
collaboration with faculty from institutions of
higher education in the State, to improve
transfer pathways among institutions of higher
education in the State, including by--
``(i) ensuring that associate degrees
awarded by community colleges in the
State are fully transferable to, and
credited as, the first 2 years of
related baccalaureate programs at
public institutions of higher education
in such State;
``(ii) increasing the transferability
of individual courses within the
certificate or associate programs
offered by community colleges in the
State to related baccalaureate programs
offered by institutions of higher
education in such State to maximize the
transferability of credits for students
who transfer before completing an
associate degree;
``(iii) expanding the use of reverse
transfer policies that allow
institutions to--
``(I) implement the process
of retroactively granting a
certificate or associate degree
to students who had not
completed the requirements for
such certificate or degree
before they transferred; and
``(II) allow academic credits
for coursework completed at a
4-year institution to be
applied to a previously-
attended community college for
the purpose of obtaining an
associate degree or a
certificate; and
``(iv) ensuring that students
attending community colleges in the
State have access to comprehensive
counseling and supports to facilitate
the process of transferring to a 4-year
institution of higher education; and
``(B) not later than 3 years after the date
on which the State first receives a grant under
this subpart, certify to the Secretary that the
State is carrying out the plan submitted in
accordance with subparagraph (A) and is meeting
the requirements of clauses (i) through (iv) of
such subparagraph.
``(c) State Maintenance of Effort.--A State receiving a grant
under this subpart shall be entitled to receive its full
allotment of funds under this subpart for a fiscal year only
if, for each year of the grant, the State provides--
``(1) State fiscal support for higher education per
full-time equivalent student at a level equal to or
exceeding the average amount of State fiscal support
for higher education per full-time equivalent student
provided for the 3 consecutive preceding fiscal years;
``(2) financial support for operating expenses
(excluding capital expenses and research and
development costs) for public 4-year institutions of
higher education at a level equal to or exceeding the
average amount provided for the 3 consecutive preceding
State fiscal years; and
``(3) financial support for need-based financial aid
at a level equal to or exceeding the average amount
provided for the 3 consecutive preceding State fiscal
years.
``(d) No Additional Eligibility Requirements.--A State or
eligible Tribal College or University that receives a grant
under this subpart may not impose additional eligibility
requirements on eligible students other than the requirements
under this subpart.
``(e) Eligibility for Benefits.--No individual shall be
determined to be ineligible to receive benefits provided under
this subpart (including tuition and fees set to $0 and other
aid provided under this subpart) on the basis of citizenship,
alienage, or immigration status.
``SEC. 789. ALLOWABLE USES OF FUNDS.
``(a) In General.--Except as provided in subsection (b)--
``(1) a State shall use a grant under this subpart
only to provide funds to each community college
operated or controlled by the State to enable each such
community college to set community college tuition and
fees for eligible students to $0 as required under
section 788(a); and
``(2) an eligible Tribal College or University shall
use a grant under this subpart only to set community
college tuition and fees for eligible students to $0 as
required under section 788(a).
``(b) Additional Uses.--If a State or an eligible Tribal
College or University demonstrates to the Secretary that the
State or eligible Tribal College or University has grant funds
remaining after meeting the demand for activities described in
subsection (a), the State or eligible Tribal College or
University shall use the remaining funds to carry out 1 or more
of the following:
``(1) Providing need-based financial aid to students
that may be used by such students to pay any component
of cost of attendance, as defined under section 472.
``(2) Reducing unmet need at public 4-year
institutions of higher education.
``(3) Improving student outcomes by implementing
evidence-based institutional reforms or practices,
including reforms or practices that are described in
section 795D(b)(1) or that meet an evidence tier
defined in section 795E(2).
``(4) Expanding access to dual or concurrent
enrollment programs or early college high school
programs.
``(c) Supplement, Not Supplant.--Except as provided in
section 786(b)(2)(A), funds made available under this subpart
shall be used to supplement, and not supplant, other Federal,
State, tribal, and local funds that would otherwise be expended
to carry out activities described in this section.
``(d) Continuation of Funding.--
``(1) In general.--Except as provided in paragraph
(2), a State or an eligible Tribal College or
University receiving a grant under this subpart for an
award year may continue to receive funding under this
subpart for subsequent award years conditioned on the
availability of budget authority and on meeting the
requirements of the grant, as determined by the
Secretary.
``(2) Discontinuation.--The Secretary shall
discontinue or reduce funding of the Federal share of a
grant under this subpart if the State or an eligible
Tribal College or University has violated the terms of
the grant.
``(e) Rule of Construction Regarding BIE Funds.--Nothing in
this subpart shall be construed to impact the availability of
funds from, or uses of funds provided by, the Bureau of Indian
Education for Tribal Colleges and Universities.
``SEC. 790. AUTOMATIC STABILIZERS FOR AMERICA'S COLLEGE PROMISE.
``(a) Maintenance of Effort Relief.--A State that meets the
qualifying spending requirement may request a waiver of the
requirements under section 788(c). Upon request by such a
State, the Secretary shall waive the requirements of section
788(c) for the State as follows:
``(1) Tier i.--With respect to each State eligible
for relief under tier I, such requirements shall be
waived for the fiscal year succeeding the fiscal year
for which the determination of the State's eligibility
for such relief is made.
``(2) Tiers ii through v.--With respect to each State
eligible for relief under tier II, III, IV, or V, such
requirements shall be waived, in accordance with
subsection (d), for--
``(A) the fiscal year for which the
determination of the State's eligibility for
such relief is made;
``(B) the fiscal year succeeding the fiscal
year described in subparagraph (A); or
``(C) both such fiscal years.
``(b) State Share Relief.--
``(1) State share relief.--A State that meets the
qualifying spending requirement and is eligible for
relief under tier II, III, IV, or V may request relief
with respect to the requirements of section
786(b)(1)(B). Upon request by such a State, the
Secretary shall provide relief from the requirements of
section 786(b)(1)(B), for the applicable award year or
years, for the State as follows:
``(A) Tier ii.--With respect to a State that
is eligible for relief under tier II, the
Secretary shall--
``(i) apply section 786(a)(1)(B)(v)
by substituting `85 percent' for `80
percent'; and
``(ii) apply section 786(b)(1)(B)(v)
by substituting `15 percent' for `20
percent'.
``(B) Tier iii.--With respect to a State that
is eligible for relief under tier III, the
Secretary shall--
``(i) apply section 786(a)(1)(B)(iv)
by substituting `90 percent' for `85
percent';
``(ii) apply section 786(a)(1)(B)(v)
by substituting `90 percent' for `80
percent';
``(iii) apply section
786(b)(1)(B)(iv) by substituting `10
percent' for `15 percent'; and
``(iv) apply section 786(b)(1)(B)(v)
by substituting `10 percent' for `20
percent'.
``(C) Tier iv.--With respect to a State that
is eligible for relief under tier IV, the
Secretary shall--
``(i) apply section 786(a)(1)(B)(iii)
by substituting `95 percent' for `90
percent';
``(ii) apply section 786(a)(1)(B)(iv)
by substituting `95 percent' for `85
percent';
``(iii) apply section 786(a)(1)(B)(v)
by substituting `95 percent' for `80
percent';
``(iv) apply section
786(b)(1)(B)(iii) by substituting `5
percent' for `10 percent';
``(v) apply section 786(b)(1)(B)(iv)
by substituting `5 percent' for '15
percent'; and
``(vi) apply section 786(b)(1)(B)(v)
by substituting `5 percent' for `20
percent'.
``(D) Tier v.--With respect to a State that
is eligible for relief under tier V, the
Secretary shall--
``(i) apply section 786(a)(1)(B)(ii)
by substituting `100 percent' for `95
percent';
``(ii) apply section
786(a)(1)(B)(iii) by substituting `100
percent' for `90 percent';
``(iii) apply section
786(a)(1)(B)(iv) by substituting `100
percent' for `85 percent';
``(iv) apply section 786(a)(1)(B)(v)
by substituting `100 percent' for `80
percent';
``(v) apply section 786(b)(1)(B)(ii)
by substituting `0 percent' for `5
percent';
``(vi) apply section
786(b)(1)(B)(iii) by substituting `0
percent' for `10 percent';
``(vii) apply section
786(b)(1)(B)(iv) by substituting `0
percent' for '15 percent'; and
``(viii) apply section
786(b)(1)(B)(v) by substituting `0
percent' for `20 percent'.
``(2) Applicable award years.--With respect to each
State eligible for relief under tier II, III, IV, or V,
the Secretary shall provide the relief under paragraph
(1), in accordance with subsection (d), for--
``(A) the award year for which the
determination of the State's eligibility for
such relief is made;
``(B) the award year succeeding the award
year described in subparagraph (A); or
``(C) both such award years.
``(c) State Eligibility.--A State's eligibility for relief
under this section shall be determined as follows:
``(1) Tier i.--A State shall be eligible for relief
under tier I for a fiscal year for which--
``(A) the State is in an elevated
unemployment period at any point in the fiscal
year; and
``(B) the State is not eligible for relief
under any other tier.
``(2) Tier ii.--A State shall be eligible for relief
under tier II for a fiscal or award year, as
applicable, for which--
``(A)(i) the State average unemployment rate
is equal to or greater than 6.5 percent but
less than 7.5 percent at any point in the
fiscal or award year; or
``(ii) the national average unemployment rate
is equal to or greater than 6.5 percent but
less than 7.5 percent at any point in the
fiscal or award year; and
``(B) the State is not eligible for relief
under tier III, IV, or V.
``(3) Tier iii.--A State shall be eligible for relief
under tier III for a fiscal or award year, as
applicable, for which--
``(A)(i) the State average unemployment rate
is equal to or greater than 7.5 percent but
less than 8.5 percent at any point in the
fiscal or award year; or
``(ii) the national average unemployment rate
is equal to or greater than 7.5 percent but
less than 8.5 percent at any point in the
fiscal or award year; and
``(B) the State is not eligible for relief
under tier IV or V.
``(4) Tier iv.--A State shall be eligible for relief
under tier IV for a fiscal or award year, as
applicable, for which--
``(A)(i) the State average unemployment rate
is equal to or greater than 8.5 percent but
less than 9.5 percent at any point in the
fiscal or award year; or
``(ii) the national average unemployment rate
is equal to or greater than 8.5 percent but
less than 9.5 percent at any point in the
fiscal or award year; and
``(B) the State is not eligible for relief
under tier V.
``(5) Tier v.--A State shall be eligible for relief
under tier V for a fiscal or award year, as applicable,
for which--
``(A) the State average unemployment rate is
equal to or greater than 9.5 percent at any
point in the fiscal or award year; or
``(B) the national average unemployment rate
is equal to or greater than 9.5 percent at any
point in the fiscal or award year.
``(d) Discretion in the Provision of Relief.--In determining
the fiscal years for which to provide relief in accordance with
subsection (a)(2), or the award years for which to provide
relief in accordance with subsection (b), to a State that is
eligible under tier II, III, IV, or V, the Secretary shall take
into account the following:
``(1) In the case of a State that requests relief
under subsection (a)(2), the fiscal years for which the
State requests such relief, including--
``(A) if the State requests such relief for
the fiscal year for which the determination of
the State's eligibility for such relief is
made, the amount by which the State is unable
to meet the requirements of section 788(c) for
such fiscal year; and
``(B) if the State requests such relief for
the fiscal year succeeding the year described
in subparagraph (A), the amount by which the
State anticipates being unable to meet such
requirements for such succeeding fiscal year.
``(2) In the case of a State that requests relief
under subsection (b), the award years for which the
State requests such relief, including--
``(A) if the State requests such relief for
the award year for which the determination of
the State's eligibility for such relief is
made, the extent to which the State is unable
to meet the requirements of section
786(b)(1)(B) for such award year; and
``(B) if the State requests such relief for
the award year succeeding the year described in
subparagraph (A), the extent to which the State
anticipates being unable to meet such
requirements for such succeeding award year.
``(3) The actual or anticipated timing, severity, and
duration of the unemployment rate increase during--
``(A) the fiscal or award year, as
applicable, for which the determination of the
State's eligibility for such relief is made;
``(B) the fiscal or award year, as
applicable, succeeding the fiscal or award year
described in subparagraph (A); and
``(C) the fiscal or award year, as
applicable, preceding the fiscal or award year
described in subparagraph (A).
``(4) Other factors determined to be relevant by the
Secretary.
``(e) Continued Payment to Employees.--A State that receives
relief under subsection (a) or (b) shall, to the greatest
extent practicable, continue to pay its employees of, and
contractors with, public institutions of higher education in
the State during the period in which the State is receiving
such relief.
``(f) Definitions.--In this section:
``(1) Elevated unemployment period.--The term
`elevated unemployment period'--
``(A) when used with respect to the Nation as
a whole, means a consecutive, 3-month period in
a fiscal year for which the national average
unemployment rate is not less than 0.5
percentage points above the lowest national
average unemployment rate for the 12-month
period preceding such 3-month period; and
``(B) when used with respect to a State,
means a consecutive, 3-month period in a fiscal
year in which the State average unemployment
rate is not less than 0.5 percentage points
above the lowest State average unemployment
rate for such State for the 12-month period
preceding such 3-month period.
``(2) Qualifying spending requirement.--The term
`qualifying spending requirement', when used with
respect to determining whether a State has met such
requirement, means the State has not disproportionately
decreased spending for any of the categories described
in paragraphs (1) through (3) of section 788(c)
relative to such State's overall decrease in spending
averaged over the 3 consecutive preceding fiscal years.
``(3) National average unemployment rate.--The term
`national average unemployment rate' means the average
(seasonally adjusted) rate of total unemployment in all
States for a consecutive, 3-month period in a fiscal
year, based on data from the Bureau of Labor Statistics
of the Department of Labor.
``(4) State average unemployment rate.--The term
`State average unemployment rate' means the average
(seasonally adjusted) rate of total unemployment in a
State for a consecutive, 3-month period in a fiscal
year, based on data from the Bureau of Labor Statistics
of the Department of Labor.
``SEC. 791. DEFINITIONS.
``In this subpart:
``(1) Career pathway.--The term `career pathway' has
the meaning given the term in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
``(2) Community college.--The term `community
college' means--
``(A) a degree-granting public institution of
higher education at which--
``(i) the highest degree awarded is
an associate degree; or
``(ii) an associate degree is the
predominant degree awarded;
``(B) an eligible Tribal College or
University;
``(C) a degree-granting branch campus of a 4-
year public institution of higher education,
if, at such branch campus--
``(i) the highest degree awarded is
an associate degree; or
``(ii) an associate degree is the
predominant degree awarded; or
``(D) at the designation of the Secretary, in
the case of a State that does not operate or
control any institution that meets a definition
under subparagraph (A) or (C), a college or
similarly defined and structured academic
entity--
``(i) that was in existence on July
1, 2021;
``(ii) within a 4-year public
institution of higher education; and
``(iii) at which--
``(I) the highest degree
awarded is an associate degree;
or
``(II) an associate degree is
the predominant degree awarded.
``(3) Dual or concurrent enrollment program.--The
term `dual or concurrent enrollment program' has the
meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965.
``(4) Early college high school.--The term `early
college high school' has the meaning given the term in
section 8101 of the Elementary and Secondary Education
Act of 1965.
``(5) Eligible student.--The term `eligible student'
means a student who--
``(A) is enrolled as an undergraduate student
in an eligible program (as defined in section
481(b)) at a community college on not less than
a half-time basis;
``(B) in the case of a student who is
enrolled in a community college that charges
different tuition rates on the basis of in-
State or in-district residency, either--
``(i) qualifies for in-State or in-
district resident tuition at such
community college; or
``(ii) would qualify for such in-
State or in-district resident tuition
at such community college, but for the
immigration status of such student;
``(C) has not been enrolled (whether full-
time or less than full-time) for more than 6
semesters (or the equivalent) for which the
community college tuition and fees of the
student were set to $0 pursuant to section
788(a);
``(D) is not enrolled in a dual or concurrent
enrollment program or early college high
school; and
``(E) in the case of a student who is a
United States citizen, has filed a Free
Application for Federal Student Aid described
in section 483 for the applicable award year
for which the student is enrolled.
``(6) Eligible tribal college or university.--The
term `eligible Tribal College or University' means--
``(A) a 2-year Tribal College or University;
or
``(B) a degree-granting Tribal College or
University--
``(i) at which the highest degree
awarded is an associate degree; or
``(ii) an associate degree is the
predominant degree awarded.
``(7) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 101.
``(8) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' has the meaning
given the term in section 479.
``(9) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning
given the term in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
``(10) State fiscal support for higher education.--
``(A) Inclusions.--
``(i) In general.--Except as provided
in subparagraph (B), the term `State
fiscal support for higher education',
used with respect to a State for a
fiscal year, means an amount that is
equal to--
``(I) the gross amount of
applicable State funds
appropriated or dedicated, and
expended by the State,
including funds from lottery
receipts, in the fiscal year,
that are used to support
institutions of higher
education and student financial
aid for higher education in the
State; and
``(II) any funds described in
clause (ii), if applicable.
``(ii) Local funds.--In the case of a
State that includes, as part of the
State share under section 786(b)(2)(B)
for an award year, funds provided to
community colleges by local governments
in such State for the purpose of
carrying out this subpart, local funds
provided to community colleges operated
or controlled by such State for
operating expenses (excluding capital
expenses and research and development
costs) shall be included in the
calculation of the State fiscal support
for higher education for such award
year under clause (i).
``(B) Exclusions.--State fiscal support for
higher education for a State for a fiscal year
shall not include--
``(i) funds described in subparagraph
(A) that are returned to the State;
``(ii) State-appropriated funds
derived from Federal sources, including
funds provided under section 786(a) and
section 795A(a)(2);
``(iii) funds that are included in
the State share under section 786(b),
including funds included in the State
share in accordance with paragraph
(2)(A) of such section;
``(iv) amounts that are portions of
multiyear appropriations to be
distributed over multiple years that
are not to be spent for the year for
which the calculation under this
paragraph is being made, subject to
subparagraph (C);
``(v) tuition, fees, or other
educational charges paid directly by a
student to a public institution of
higher education or to the State;
``(vi) funds for--
``(I) financial aid to
students attending, or
operating expenses of--
``(aa) out-of-State
institutions of higher
education;
``(bb) proprietary
institutions of higher
education (as defined
in section 102(b));
``(cc) institutions
of higher education not
accredited by an agency
or association
recognized by the
Secretary pursuant to
section 496;
``(II) financial aid to
students awarded predominantly
on the basis of merit,
including programs awarded on
the basis of predicted or
actual academic performance or
assessments;
``(III) research and
development; or
``(IV) hospitals, athletics,
or other auxiliary enterprises;
``(vii) corporate or other private
donations directed to one or more
institutions of higher education
permitted to be expended by the State;
or
``(viii) any other funds that the
Secretary determines shall not be
included in the calculation of State
fiscal support for higher education for
such State.
``(C) Adjustments for biennial
appropriations.--The Secretary shall take into
consideration any adjustments to the
calculations under this paragraph that may be
required to accurately reflect State fiscal
support for higher education in States with
biennial appropriation cycles.
``(11) State fiscal support for higher education per
full-time equivalent student.--The term `State fiscal
support for higher education per full-time equivalent
student', when used with respect to a State for a
fiscal year, means the amount that is equal to--
``(A) the State fiscal support for higher
education for the previous fiscal year; divided
by
``(B) the number of full-time equivalent
students enrolled in public institutions of
higher education in such State for such
previous fiscal year.
``(12) Tribal college or university.--The term
`Tribal College or University' has the meaning given
such term in section 316(b)(3).
``SEC. 792. SUNSET.
``(a) In General.--The authority to make grants under this
subpart shall expire at the end of award year 2027-2028.
``(b) Inapplicability of GEPA Contingent Extension of
Programs.--Section 422 of the General Education Provisions Act
(20 U.S.C. 1226a) shall not apply to this subpart.
``SEC. 793. APPROPRIATION.
``In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary, to remain available until September 30, 2030, for
carrying out this subpart.''.
SEC. 20022. RETENTION AND COMPLETION GRANTS.
Part F of title VII of the Higher Education Act of 1965 (20
U.S.C. 1133 et seq.), as added by section 20021, is further
amended by adding at the end the following:
``Subpart 2--Retention and Completion Grants
``SEC. 795. RETENTION AND COMPLETION GRANTS.
``Beginning with award year 2023-2024, from amounts
appropriated to carry out this subpart for any fiscal year, the
Secretary shall carry out a grant program to make grants (which
shall be known as `retention and completion grants') to
eligible States and Tribal Colleges and Universities to enable
the eligible States and Tribal Colleges and Universities to
carry out the activities described in section 795D.
``SEC. 795A. GRANT AMOUNTS.
``(a) Reservation.--From the amounts appropriated to carry
out this subpart, the Secretary shall--
``(1) reserve an amount equal to 3 percent of such
amounts to allocate grants to Tribal Colleges and
Universities, which shall be distributed according to
the formula in section 316(d)(3)(B), to carry out the
activities described in section 795D(b)(1) and
implement reforms or practices that meet an evidence
tier defined in section 795E(2); and
``(2) use the amount remaining after the allocation
under paragraph (1) to award competitive grants to
eligible States that have submitted applications under
section 795B.
``(b) Supplement, Not Supplant.--Grant funds awarded under
this subpart shall be used to supplement, and not supplant,
other Federal, State, tribal, and local funds that would
otherwise be expended to carry out activities assisted under
this subpart.
``(c) Grant Period.--Subject to the requirements under
section 795C, a grant under this subpart shall be for a period
of not more than 7 years.
``SEC. 795B. APPLICATIONS.
``(a) In General.--As a condition of receiving a grant under
this subpart, an eligible State shall submit an application to
the Secretary that includes--
``(1) a description of--
``(A) how the eligible State will use the
funds to implement evidence-based institutional
reforms or practices at institutions of higher
education in such State to improve student
outcomes and meet the requirements of section
795D(b)(2), including--
``(i) how such eligible State will
use grant funds to implement 1 or more
reforms or practices described in
section 795D(b)(1) at such
institutions;
``(ii) the extent to which each
reform or practice to be implemented
meets an evidence tier defined in
section 795E(2); and
``(iii) annual implementation
benchmarks that the eligible State will
use to track progress in implementing
such reforms or practices;
``(B) how such eligible State will increase
support for the public institutions of higher
education identified in accordance with
paragraph (2)(B); and
``(C) the improvements the eligible State
anticipates in student outcomes, including
improvements in retention, completion, or
transfer rates or labor market outcomes, or a
combination of such student outcomes,
disaggregated by student demographics
including, at a minimum, race, ethnicity,
income, disability status, remediation, and
status as a first generation college student;
``(2)(A) with respect to each State public
institution of higher education--
``(i) the total per-student funding;
``(ii) the amount of per-student funding that
is from State-appropriated funds; and
``(iii) the share of students at the
institution who are students of color, low-
income students, students with disabilities,
students in need of remediation, or first
generation college students; and
``(B) an identification of public
institutions of higher education in the
eligible State that received less funding on a
per-student basis as described in clause (i) or
(ii), or both, of subparagraph (A), and are
serving disproportionately high shares of
students of color, low-income students,
students with disabilities, students in need of
remediation, or first generation college
students;
``(3) a description of the steps the eligible State
will take to ensure the sustainability of the
institutional reforms or practices identified in
paragraph (1)(A); and
``(4) a description of how the eligible State will
evaluate the effectiveness of activities funded under
this subpart, including how such eligible State will
assess impacts on student outcomes, including
retention, transfer, and completion rates and labor
market outcomes.
``(b) Priorities.--In awarding funds under this subpart, the
Secretary shall give priority to eligible States that do one or
more of the following:
``(1) Propose to use a significant share of grant
funds for reforms or practices that meet an evidence
tier defined in section 795E(2).
``(2) Propose to use a significant share of grant
funds to improve retention, transfer, and completion
rates and labor market outcomes among students of
color, low-income students, students with disabilities,
students in need of remediation, first generation
college students, and other underserved student
populations in such State.
``(3) Propose to use a significant share of grant
funds to improve retention, transfer, and completion
rates and labor market outcomes among students
attending institutions identified in subsection
(a)(2)(B).
``(4) Demonstrate a commitment to supporting
activities funded under this subpart with non-Federal
funds.
``SEC. 795C. PROGRAM REQUIREMENTS.
``(a) In General.--As a condition of continuing to receive
funds under this subpart, for each year in which an eligible
State participates in the program under this subpart, the
eligible State shall submit to the Secretary the eligible
State's progress--
``(1) in meeting the annual implementation benchmarks
included in the application of such eligible State
under section 795B(a)(1)(A)(iii);
``(2) in increasing funding for the public
institutions of higher education identified in
accordance with section 795B(a)(2)(B), as included in
the application of such eligible State under section
795B(a)(1)(B); and
``(3) in improving the student outcomes identified by
the State under section 795B(a)(1)(C).
``(b) Eligibility for Benefits.--No individual shall be
determined to be ineligible to receive benefits provided under
this subpart (including services and other aid provided under
this subpart) on the basis of citizenship, alienage, or
immigration status.
``SEC. 795D. USES OF FUNDS.
``(a) General Requirement for States.--Except as provided in
subsection (c), an eligible State shall use a grant under this
subpart only to carry out activities described in the
application for such year under section 795B(a)(1).
``(b) Evidence-based Institutional Reforms or Practices.--
``(1) In general.--An eligible State or Tribal
College or University receiving a grant under this
subpart shall, directly or in collaboration with
institutions of higher education and other non-profit
organizations, use the grant funds to implement one or
more of the following evidence-based institutional
reforms or practices:
``(A) Providing comprehensive academic,
career, and student support services, including
mentoring, advising, case management services,
or career pathway navigation.
``(B) Providing assistance in applying for
and accessing direct support services, means-
tested Federal benefit programs, or similar
State, tribal, or local benefit programs.
``(C) Providing emergency financial aid
grants to students for unexpected expenses and
to meet basic needs.
``(D) Providing accelerated learning
opportunities, including dual or concurrent
enrollment programs and early college high
school programs, and pathways to graduate and
professional degree programs, and reforming
course scheduling and credit awarding policies.
``(E) Reforming remedial and developmental
education.
``(F) Utilizing career pathways, including
through building capacity for career and
technical education as defined in section 3 of
the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302),
programs of study as defined in such section,
or degree pathways.
``(G) Improving transfer pathways between
community colleges and four-year institutions
of higher education in the eligible State, or,
in the case of a Tribal College or University,
between the Tribal College or University and
other institutions of higher education.
``(2) State allocation minimums with respect to
evidence tiers.--An eligible State receiving a grant
under this subpart shall use not less than 30 percent
of the grant funds for evidence-based reforms or
practices that meet an evidence tier defined in section
795E(2), of which at least two-thirds shall be used for
evidence-based reforms or practices that meet evidence
tier 1.
``(c) Use of Funds for Administrative Purposes.--An eligible
State or Tribal College or University that receives a grant
under this subpart may use--
``(1) not more than 3 percent of such grant for
administrative purposes relating to the grant under
this subpart; and
``(2) not more than 3 percent of such grant to
evaluate the effectiveness of activities carried out
under this subpart.
``SEC. 795E. DEFINITIONS.
``In this subpart:
``(1) Eligible state.--The term `eligible State'
means a State that is a recipient of a grant under
subpart 1.
``(2) Evidence tiers.--
``(A) Evidence tier 1.--The term `evidence
tier 1', when used with respect to a reform or
practice, means a reform or practice that meets
the criteria for receiving an expansion grant
from the education innovation and research
program under section 4611 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7261), as determined by the Secretary in
accordance with such section.
``(B) Evidence tier 2.--The term `evidence
tier 2', when used with respect to a reform or
practice, means a reform that meets the
criteria for receiving a mid-phase grant from
the education innovation and research program
under section 4611 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7261), as determined by the Secretary in
accordance with such section.
``(3) First generation college student.--The term
`first generation college student' has the meaning
given the term in section 402A(h).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 101.
``(5) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term
in section 316(b)(3).
``SEC. 795F. SUNSET.
``(a) In General.--The authority to make grants under this
subpart shall expire at the end of award year 2029-2030.
``(b) Inapplicability of GEPA Contingent Extension of
Programs.--Section 422 of the General Education Provisions Act
(20 U.S.C. 1226a) shall not apply to this subpart.
``SEC. 795G. APPROPRIATION.
``In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $9,000,000,000, to remain
available until September 30, 2030, for carrying out this
subpart.''.
SEC. 20023. TUITION ASSISTANCE FOR STUDENTS AT HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES, TRIBAL COLLEGES AND
UNIVERSITIES, AND MINORITY-SERVING INSTITUTIONS.
Part F of title VII of the Higher Education Act of 1965 (20
U.S.C. 1133 et seq.), as added and amended by this Act, is
further amended by adding at the end the following:
``Subpart 3--Tuition Assistance for Students at Historically Black
Colleges and Universities, Tribal Colleges and Universities, and
Minority-serving Institutions
``SEC. 796. TUITION ASSISTANCE FOR HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES.
``Beginning with award year 2023-2024, from amounts
appropriated to carry out this subpart for any fiscal year, the
Secretary shall award grants to participating historically
Black colleges and universities that are eligible institutions.
``SEC. 796A. TUITION ASSISTANCE FOR TRIBAL COLLEGES AND UNIVERSITIES.
``Beginning with award year 2023-2024, from amounts
appropriated to carry out this subpart for any fiscal year, the
Secretary shall award grants to participating Tribal Colleges
and Universities that are eligible institutions.
``SEC. 796B. TUITION ASSISTANCE FOR ALASKA NATIVE-SERVING INSTITUTIONS,
ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER-SERVING INSTITUTIONS, HISPANIC-SERVING
INSTITUTIONS, NATIVE AMERICAN-SERVING NONTRIBAL
INSTITUTIONS, NATIVE HAWAIIAN-SERVING INSTITUTIONS,
AND PREDOMINANTLY BLACK INSTITUTIONS.
``(a) In General.--Beginning with award year 2023-2024, from
amounts appropriated to carry out this subpart for any fiscal
year, the Secretary shall award grants to participating Alaska
Native-serving institutions, Asian American and Native American
Pacific Islander-serving institutions, Hispanic-serving
institutions, Native American-serving nontribal institutions,
Native Hawaiian-serving institutions, and Predominantly Black
institutions that are eligible institutions.
``(b) Status of Institution.--An institution's status as an
eligible institution described in subsection (a) shall--
``(1) be based on the most recent data available; and
``(2) be reviewed annually to ensure that the
institution continues to meet the requirements for
status as an institution described in subsection (a).
``SEC. 796C. GRANT TERMS.
``(a) Grant Amount.--
``(1) In general.--For each year for which an
eligible institution participates in the grant program
under this subpart, such eligible institution shall
receive a grant in an amount equal to the product of--
``(A) the number of eligible students
enrolled at the institution for such year; and
``(B)(i) for the 2023-2024 award year, the
median resident community college tuition and
fees per student in all States, not weighted
for enrollment, for the most recent award year
for which data are available; and
``(ii) for the 2024-2025 award year and each
subsequent award year, the amount determined
under this subparagraph for the preceding award
year, increased by the lesser of--
``(I) a percentage equal to the
estimated percentage increase in the
Consumer Price Index (as determined by
the Secretary) since the date of such
determination; or
``(II) 3 percent.
``(2) First-year tuition and fees.--As a condition of
receiving a grant under this subpart, an eligible
institution shall not increase tuition and fees during
the first year of participation in the grant program
under this subpart at a rate greater than the average
annual increase at the eligible institution in the
previous 5 years.
``(3) Students enrolled less than full-time.--The
Secretary shall develop and implement a formula for
making adjustments to grant amounts under this subpart
based on the number of eligible students at each
eligible institution enrolled less than full-time and
the associated tuition and fees charged to such
students in proportion to the degree to which each such
student is not attending on a full-time basis.
``(4) Data adjustments.--
``(A) In general.--The Secretary shall
establish a process through which each eligible
institution that participates in the program
under this section--
``(i) provides the necessary eligible
student enrollment data at the start of
the award year; and
``(ii) initially receives grant
funds, as calculated under this
subsection, based on such data.
``(B) Adjustment of grant amount.--For each
year for which an eligible institution receives
a grant under this subpart, the Secretary
shall, once final enrollment data for such year
are available--
``(i) in consultation with the
eligible institution concerned,
determine the actual number of eligible
students for the year covered by the
grant; and
``(ii) adjust the grant amount
received by the eligible institution to
reflect the actual number of eligible
students, which may include applying
the relevant adjustment to such grant
amount in the subsequent award year.
``(b) Duplicate Grants Prohibited.--An institution shall not
receive more than one grant at a time under this subpart.
``(c) Application.--An eligible institution that desires a
grant under this subpart shall submit an application to the
Secretary that includes--
``(1) an assurance that the institution commits to
maintaining, expanding, or adopting and implementing
evidence-based institutional reforms or practices to
improve student outcomes, which shall include one or
more of the practices described in section 795D(b)(1);
and
``(2) in the case of an eligible institution that
enrolls students who transfer from another institution,
an assurance that the institution--
``(A) commits to increasing the
transferability of individual courses within
certificate or associate programs offered by
community colleges in the State to related
baccalaureate programs offered by such
institution to maximize the transferability of
credits for students who transfer before
completing an associate degree;
``(B) will ensure that students attending
community colleges in the State have access to
comprehensive counseling and other easily
accessible tools regarding the process for
transferring to such institution; and
``(C) has a formal, statewide articulation
agreement with community colleges in the State
in which such institution operates that, at a
minimum, ensures that associate degrees awarded
by community colleges in the State are fully
transferable to, and credited as, the first 2
years of related baccalaureate programs at such
institution.
``(d) Use of Funds.--
``(1) Required use.--Funds awarded under this subpart
to a participating eligible institution shall be used
to reduce tuition and fees for eligible students by an
amount that is not less than the minimum per-student
amount described in paragraph (2), unless the actual
cost of tuition and fees at such institution is not
more than such per-student amount, in which case such
institution shall use such funds to waive all such
tuition and fees charged to such students and use any
remaining funds in accordance with paragraph (3).
``(2) Minimum per-student amount.--The minimum per-
student amount described in this paragraph shall be
equal to--
``(A) for the 2023-2024 award year, the
median resident community college tuition and
fees per student in all States, not weighted
for enrollment, for the most recent award year
for which data are available; and
``(B) for the 2024-2025 award year and each
subsequent award year, the amount determined
under this paragraph for the preceding award
year, increased by the lesser of--
``(i) a percentage equal to the
estimated percentage increase in the
Consumer Price Index (as determined by
the Secretary) since the date of such
determination; or
``(ii) 3 percent.
``(3) Additional uses.--A participating eligible
institution shall use any grant funds remaining after
meeting the requirements of paragraph (1) to provide
financial aid to eligible students that may be used by
such students to pay for any component of cost of
attendance other than tuition and fees, which may
include emergency financial aid grants.
``(e) Supplement, Not Supplant.--Funds made available to
carry out this subpart shall be used to supplement, and not
supplant, other Federal, State, tribal, and local funds that
would otherwise be expended to carry out activities under this
subpart.
``(f) Sixty Credits.--Funds under this subpart may only be
used to waive or reduce tuition and fees for the first 60
credits for which an eligible student is enrolled in the
participating eligible institution except that, when
calculating the number of credits in which the student has been
enrolled for the purpose of carrying out this subpart--
``(1) no student shall be considered to have been
enrolled for more than 12 credits per semester (or the
equivalent) during the period for which the student is
receiving benefits under this subpart; and
``(2) the participating eligible institution may
exclude any credits that a student enrolled in and did
not complete at such institution if the institution
determines that such exclusion would be in the best
interest of the student, except that an institution may
exclude no more than 15 credits under this paragraph
for each individual student.
``(g) Eligibility for Benefits.--No individual shall be
determined to be ineligible to receive benefits provided under
this subpart (including reduction of tuition and fees and other
aid provided under this subpart) on the basis of citizenship,
alienage, or immigration status.
``SEC. 796D. DEFINITIONS.
``In this subpart:
``(1) Alaska native-serving institution.--The term
`Alaska Native-serving institution' has the meaning
given such term in section 317(b).
``(2) Asian american and native american pacific
islander-serving institution.--The term `Asian American
and Native American Pacific Islander-serving
institution' has the meaning given such term in section
371(c).
``(3) Cost of attendance.--The term `cost of
attendance' has the meaning given such term in section
472.
``(4) Eligible institution.--
``(A) In general.--The term `eligible
institution' means a public or nonprofit 4-year
institution of higher education that has an
undergraduate student body of which not less
than 35 percent are low-income students.
``(B) Continuing eligibility.--The
Secretary's determination of whether an
institution meets the requirement under
subparagraph (A) shall be based on the most
recent data available, and shall be reviewed
annually to ensure that the institution
continues to meet the requirements for
participation.
``(5) Eligible student.--
``(A) In general.--The term `eligible
student' means a student, regardless of age,
who--
``(i) is enrolled as an undergraduate
student in an eligible program (as
defined in section 481(b)) at a
participating eligible institution, on
at least a half-time basis;
``(ii) is a low-income student;
``(iii) has been enrolled at such
participating eligible institution
under this subpart for not more than 60
credits, subject to section 796C(f);
``(iv) has not been enrolled (whether
full-time or less than full-time) for
more than 6 semesters (or the
equivalent) for which the student
received a benefit under this subpart;
``(v) is not enrolled in a dual or
concurrent enrollment program or early
college high school;
``(vi) has not completed an
undergraduate baccalaureate course of
study; and
``(vii) in the case of a student who
is a United States citizen, has filed a
Free Application for Federal Student
Aid described in section 483 for the
applicable award year for which the
student is enrolled.
``(B) Continued eligibility.--In the case of
an eligible student who receives assistance
under this subpart and attends an institution
that loses status as an eligible institution or
as an institution described in section 796B(a),
the student may continue to receive such
assistance for the period for which the student
would have been eligible if the institution at
which they are enrolled had retained such
status.
``(6) Hispanic-serving institution.--The term
`Hispanic-serving institution' has the meaning given
such term in section 502.
``(7) Historically black college or university.--The
term `historically Black college or university' means a
part B institution as defined in section 322.
``(8) Low-income student.--The term `low-income
student' means a student who meets the financial
eligibility criteria for receiving a Federal Pell Grant
under section 401, regardless of whether such student
is otherwise eligible to receive such Federal Pell
Grant.
``(9) Native american-serving nontribal
institution.--The term `Native American-serving
nontribal institution' has the meaning given such term
in section 319.
``(10) Native hawaiian-serving institution.--The term
`Native Hawaiian-serving institution' has the meaning
given such term in section 317(b).
``(11) Predominantly black institution.--The term
`Predominantly Black institution' has the meaning given
such term in section 371(c).
``(12) Tribal college or university.--The term
`Tribal College or University' has the meaning given
such term in section 316(b)(3).
``SEC. 796E. SUNSET.
``(a) In General.--The authority to make grants under this
subpart shall expire at the end of award year 2029-2030.
``(b) Inapplicability of GEPA Contingent Extension of
Programs.--Section 422 of the General Education Provisions Act
(20 U.S.C. 1226a) shall not apply to this subpart.
``SEC. 796F. APPROPRIATION.
``In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary, to remain available until September 30, 2030, for
carrying out this subpart.''.
SEC. 20024. NORTHERN MARIANA ISLANDS, AMERICAN SAMOA, UNITED STATES
VIRGIN ISLANDS, AND GUAM COLLEGE ACCESS.
Part F of title VII of the Higher Education Act of 1965 (20
U.S.C. 1133 et seq.), as added and amended by this Act, is
further amended by adding at the end the following:
``SEC. 798. NORTHERN MARIANA ISLANDS, AMERICAN SAMOA, UNITED STATES
VIRGIN ISLANDS, AND GUAM COLLEGE ACCESS GRANTS.
``(a) Grants.--
``(1) Grant amounts.--
``(A) In general.--Beginning with award year
2023-2024, from amounts appropriated to carry
out this section, the Secretary shall provide
such sums as may be necessary to the Governors
of each outlying area for such Governors to
award grants to eligible institutions that
enroll eligible students to pay the difference
between the tuition and fees charged for in-
State students and the tuition and fees charged
for out-of-State students on behalf of each
eligible student enrolled in the eligible
institution.
``(B) Maximum student amounts.--The amount
paid on behalf of an eligible student under
this section shall be--
``(i) not more than $15,000 for any
one award year (as defined in section
481); and
``(ii) not more than $75,000 in the
aggregate.
``(C) Proration.--The Governor shall prorate
payments under this section with respect to
eligible students who attend an eligible
institution on less than a full-time basis.
``(2) Application.--Each eligible student desiring a
payment under this section shall submit an application
to the eligible institution at which such student is
enrolled or plans to enroll.
``(3) Eligibility for benefits.--No individual shall
be determined to be ineligible to receive benefits
provided under this subpart (including tuition payments
and other aid provided under this subpart) on the basis
of citizenship, alienage, or immigration status.
``(b) Administration of Program.--
``(1) In general.--Each Governor shall carry out the
program under this section in consultation with the
Secretary. Each Governor may enter into a grant,
contract, or cooperative agreement with another public
or private entity to administer the program under this
section.
``(2) Memorandum of agreement.--Each Governor and the
Secretary shall enter into a memorandum of agreement
that describes--
``(A) the manner in which the Governor will
consult with the Secretary with respect to
administering the program under this section;
and
``(B) any technical or other assistance to be
provided to the Governor by the Secretary for
purposes of administering the program under
this section (which may include access to the
information in the Free Application for Federal
Student Aid described in section 483).
``(3) Construction.--Nothing in this section shall be
construed to require an institution of higher education
to alter the institution's admissions policies or
standards in any manner to enable an eligible student
to enroll in the institution.
``(4) Grant authority.--The authority to make grants
under this section shall expire at the end of award
year 2029-2030.
``(c) Inapplicability of GEPA Contingent Extension of
Programs.--Section 422 of the General Education Provisions Act
(20 U.S.C. 1226a) shall not apply to this section.
``(d) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible
institution' means an institution that--
``(A) is a public four-year institution of
higher education located in one of the several
States of the United States, the District of
Columbia, Puerto Rico, or an outlying area;
``(B) is eligible to participate in the
student financial assistance programs under
title IV; and
``(C) enters into an agreement with the
Governor of an outlying area, or with two or
more of such Governors (except that such
institution may not enter into an agreement
with the Governor of the outlying area in which
such institution is located), containing such
conditions as each Governor may specify,
including a requirement that the institution
use the funds made available under this section
to supplement and not supplant assistance that
otherwise would be provided to eligible
students from outlying areas.
``(2) Eligible student.--The term `eligible student'
means an individual who--
``(A) was domiciled in an outlying area for
not less than 12 consecutive months preceding
the commencement of the freshman year at an
institution of higher education;
``(B) has not completed an undergraduate
baccalaureate course of study;
``(C) begins the individual's course of study
at an eligible institution within 3 calendar
years (excluding any period of service on
active duty in the Armed Forces or service
under the Peace Corps Act (22 U.S.C. 2501 et
seq.) or subtitle D of title I of the National
and Community Service Act of 1990 (42 U.S.C.
12571 et seq.)) of--
``(i) graduation from secondary
school, or obtaining the recognized
equivalent of a secondary school
diploma; or
``(ii) transfer from an institution
of higher education located in an
outlying area (including transfer
following the completion of an
associate degree or certificate at such
institution); and
``(D) is enrolled or accepted for enrollment,
on at least a half-time basis, in a
baccalaureate degree or other program
(including a program of study abroad approved
for credit by the institution at which such
student is enrolled) leading to a recognized
educational credential at an eligible
institution.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 101.
``(4) Governor.--The term `Governor' means the
Governor of an outlying area.
``(5) Outlying area.--The term `outlying area' means
the Northern Mariana Islands, American Samoa, the
United States Virgin Islands, and Guam.
``(e) Appropriations.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, such sums
as may be necessary, to remain available until September 30,
2030, for carrying out this section.''.
Subpart B--Pell Grants and Student Loans
SEC. 20031. INCREASING THE MAXIMUM FEDERAL PELL GRANT.
(a) Award Year 2022-2023.--Section 401(b)(7) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)(7)) is amended--
(1) in subparagraph (A)(iii), by inserting ``and such
sums as may be necessary for fiscal year 2022 to carry
out the $500 increase provided under subparagraph
(C)(iii)'' before ``; and''; and
(2) in subparagraph (C)(iii), by inserting before the
period at the end the following: ``, except that, for
award year 2022-2023, such amount shall be increased by
$500''.
(b) Subsequent Award Years Through 2029-2030.--
(1) In general.--Section 401(b) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)), as amended
by section 703 of the FAFSA Simplification Act (title
VII of division FF of Public Law 116-260), is amended--
(A) in paragraph (5)(A)--
(i) in clause (i), by striking
``and'' after the semicolon;
(ii) by redesignating clause (ii) as
clause (iii); and
(iii) by inserting after clause (i)
the following:
``(ii) for each of award years 2023-
2024 through 2029-2030, an additional
$500; and''; and
(B) in paragraph (6)(A)--
(i) in clause (i)--
(I) by striking
``appropriated) such'' and
inserting the following:
``appropriated)--
``(I) such''; and
(II) by adding at the end the
following:
``(II) such sums as are
necessary to carry out
paragraph (5)(A)(ii) for each
of fiscal years 2023 through
2029; and''; and
(ii) in clause (ii), by striking
``(5)(A)(ii)'' and inserting
``(5)(A)(iii)''.
(2) Effective date.--The amendments made by paragraph
(1) shall take effect as if included in section 703 of
the FAFSA Simplification Act (title VII of division FF
of Public Law 116-260) and in accordance with section
701(b) of such Act.
SEC. 20032. FEDERAL STUDENT AID ELIGIBILITY.
Section 484(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1091(a)(5)) is amended by inserting ``, or, with respect
to any grant, loan, or work assistance received under this
title for award years 2022-2023 through 2029-2030, be subject
to a grant of deferred enforced departure or have deferred
action pursuant to the Deferred Action for Childhood Arrivals
policy of the Secretary of Homeland Security or temporary
protected status under section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a)'' after ``becoming a citizen
or permanent resident''.
SEC. 20033. ACTIVE DUTY DEFERMENT PERIODS COUNTED TOWARD PUBLIC SERVICE
LOAN FORGIVENESS.
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``paragraph (2)'' and
inserting ``paragraph (3)''; and
(3) by inserting after paragraph (1) the following:
``(2) Active duty deferment periods.--
``(A) In general.--Notwithstanding
paragraph(1)(A) and subject to subparagraph
(B), the Secretary shall deem each month for
which a loan payment was in deferment under
subsection (f)(2) of this section or for which
a loan payment was in forbearance under section
685.205(a)(7) of title 34, Code of Federal
Regulations, (or similar successor
regulations), for a borrower described in
subsection (f)(2)(C) as if the borrower of the
loan had made a payment for the purpose of
public service loan forgiveness under this
subsection.
``(B) Limitation.--Subparagraph (A) shall
apply only to eligible Federal Direct Loans
originated before the first day of fiscal year
2031.''.
Subpart C--Investments in Historically Black Colleges and Universities,
Tribal Colleges and Universities, and Minority-Serving Institutions
SEC. 20041. INSTITUTIONAL AID.
(a) In General.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated--
(1) $113,738,000, to remain available until September
30, 2022, for carrying out section 371(b)(2)(B) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(b)(2)(B))
in fiscal year 2022;
(2) $113,738,000, to remain available until September
30, 2023, for carrying out section 371(b)(2)(B) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(b)(2)(B))
in fiscal year 2023;
(3) $113,738,000, to remain available until September
30, 2024, for carrying out section 371(b)(2)(B) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(b)(2)(B))
in fiscal year 2024;
(4) $113,738,000, to remain available until September
30, 2025, for carrying out section 371(b)(2)(B) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(b)(2)(B))
in fiscal year 2025;
(5) $113,738,000, to remain available until September
30, 2026, for carrying out section 371(b)(2)(B) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(b)(2)(B))
in fiscal year 2026;
(6) $113,738,000, to remain available until September
30, 2022, for carrying out section 371(b)(2)(C) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(b)(2)(C))
in fiscal year 2022;
(7) $113,738,000, to remain available until September
30, 2023, for carrying out section 371(b)(2)(C) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(b)(2)(C))
in fiscal year 2023;
(8) $113,738,000, to remain available until September
30, 2024, for carrying out section 371(b)(2)(C) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(b)(2)(C))
in fiscal year 2024;
(9) $113,738,000, to remain available until September
30, 2025, for carrying out section 371(b)(2)(C) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(b)(2)(C))
in fiscal year 2025;
(10) $113,738,000, to remain available until
September 30, 2026, for carrying out section
371(b)(2)(C) of the Higher Education Act of 1965 (20
U.S.C. 1067q(b)(2)(C)) in fiscal year 2026;
(11) $34,104,000, to remain available until September
30, 2022, for carrying out section 371(b)(2)(D)(i) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(i)) in fiscal year 2022;
(12) $34,104,000, to remain available until September
30, 2023, for carrying out section 371(b)(2)(D)(i) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(i)) in fiscal year 2023;
(13) $34,104,000, to remain available until September
30, 2024, for carrying out section 371(b)(2)(D)(i) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(i)) in fiscal year 2024;
(14) $34,104,000, to remain available until September
30, 2025, for carrying out section 371(b)(2)(D)(i) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(i)) in fiscal year 2025;
(15) $34,104,000, to remain available until September
30, 2026, for carrying out section 371(b)(2)(D)(i) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(i)) in fiscal year 2026;
(16) $17,052,000, to remain available until September
30, 2022, for carrying out section 371(b)(2)(D)(ii) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(ii)) in fiscal year 2022;
(17) $17,052,000, to remain available until September
30, 2023, for carrying out section 371(b)(2)(D)(ii) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(ii)) in fiscal year 2023;
(18) $17,052,000, to remain available until September
30, 2024, for carrying out section 371(b)(2)(D)(ii) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(ii)) in fiscal year 2024;
(19) $17,052,000, to remain available until September
30, 2025, for carrying out section 371(b)(2)(D)(ii) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(ii)) in fiscal year 2025;
(20) $17,052,000, to remain available until September
30, 2026, for carrying out section 371(b)(2)(D)(ii) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(ii)) in fiscal year 2026;
(21) $5,684,000, to remain available until September
30, 2022, for carrying out section 371(b)(2)(D)(iii) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(iii) in fiscal year 2022;
(22) $5,684,000, to remain available until September
30, 2023, for carrying out section 371(b)(2)(D)(iii) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(iii) in fiscal year 2023;
(23) $5,684,000, to remain available until September
30, 2024, for carrying out section 371(b)(2)(D)(iii) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(iii) in fiscal year 2024;
(24) $5,684,000, to remain available until September
30, 2025, for carrying out section 371(b)(2)(D)(iii) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(iii) in fiscal year 2025;
(25) $5,684,000, to remain available until September
30, 2026, for carrying out section 371(b)(2)(D)(iii) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(iii) in fiscal year 2026;
(26) $5,684,000, to remain available until September
30, 2022, for carrying out section 371(b)(2)(D)(iv) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(iv) in fiscal year 2022;
(27) $5,684,000, to remain available until September
30, 2023, for carrying out section 371(b)(2)(D)(iv) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(iv) in fiscal year 2023;
(28) $5,684,000, to remain available until September
30, 2024, for carrying out section 371(b)(2)(D)(iv) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(iv) in fiscal year 2024;
(29) $5,684,000, to remain available until September
30, 2025, for carrying out section 371(b)(2)(D)(iv) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(iv) in fiscal year 2025; and
(30) $5,684,000, to remain available until September
30, 2026, for carrying out section 371(b)(2)(D)(iv) of
the Higher Education Act of 1965 (20 U.S.C.
1067q(b)(2)(D)(iv) in fiscal year 2026;
(b) Use of Funds.--The Secretary shall use 15 percent of each
of the amounts appropriated under paragraphs (6) through (10)
of subsection (a) to award 25 additional grants under section
371(b)(2)(C)(ii).
SEC. 20042. RESEARCH AND DEVELOPMENT INFRASTRUCTURE COMPETITIVE GRANT
PROGRAM.
Title III of the Higher Education Act of 1965 (20 U.S.C. 1051
et seq.) is amended--
(1) by redesignating part G as part H; and
(2) by inserting after section 371 the following:
``PART G--IMPROVING RESEARCH & DEVELOPMENT INFRASTRUCTURE FOR MINORITY-
SERVING INSTITUTIONS
``SEC. 381. IMPROVING RESEARCH & DEVELOPMENT INFRASTRUCTURE FOR
MINORITY-SERVING INSTITUTIONS.
``(a) Eligible Institution.--In this section, the term
`eligible institution' means an institution that--
``(1) is described in section 371(a);
``(2) is a 4-year institution; and
``(3) is not an institution classified as very high
research activity by the Carnegie Classification of
Institutions of Higher Education.
``(b) Authorization of Grant Programs.--
``(1) Planning grants.--The Secretary shall award
planning grants, on a competitive basis, to eligible
institutions to assist the eligible institutions in
developing a strategic plan, assessing capacity, and
carrying out other activities to develop and submit an
application for an implementation grant under paragraph
(2) to support research and development infrastructure.
Planning grants awarded under this paragraph shall be
for a period of 1 to 2 years.
``(2) Implementation grants.--The Secretary shall
award implementation grants, on a competitive basis, to
eligible institutions to assist the eligible
institutions in supporting research and development
infrastructure. Implementation grants awarded under
this paragraph shall be for a period of 1 to 5 years.
``(c) Applications.--
``(1) In general.--
``(A) Planning grants.--An eligible
institution that desires to receive a planning
grant under subsection (b)(1) shall submit an
application to the Secretary. Such application
shall include--
``(i) a description of the activities
that will be carried out with grant
funds; and
``(ii) an assurance that the grant
funds provided under subsection (b)(1)
shall be used to supplement, and not
supplant, other Federal, State, tribal,
and local funds that would otherwise be
expended to develop a plan, assess
capacity, or carry out other activities
related to research and development
infrastructure.
``(B) Implementation grants.--
``(i) In general.--An eligible
institution that desires to receive an
implementation grant under subsection
(b)(2) shall submit an application to
the Secretary. Such application shall
include--
``(I) a description of the
projects that will be carried
out with grant funds and, in
the case of an institution that
was previously awarded a
planning grant under subsection
(b)(1), the strategic plan
developed as part of such
planning grant;
``(II) a description of how
such projects will support the
research and development
infrastructure of the
institution; and
``(III) an assurance that the
grant funds provided under
subsection (b)(2) shall be used
to supplement, and not
supplant, other Federal, State,
tribal, and local funds that
would otherwise be expended to
support research and
development infrastructure.
``(2) Consortia.--An eligible institution may apply
to receive a grant under this section on behalf of a
consortium, which may include institutions classified
as very high research activity by the Carnegie
Classification of Institutions of Higher Education,
two-year institutions of higher education, and other
academic partners, philanthropic organizations, and
industry partners, provided that the eligible
institution is the lead member and fiscal agent of the
consortium.
``(3) No comprehensive development plan.--The
requirement under section 391(b)(1) shall not apply to
grants awarded under this section.
``(d) Priority in Awards.--In awarding planning and
implementation grants under this section, the Secretary shall
give priority to eligible institutions that meet any of the
following:
``(1) Received less than $10,000,000 for the previous
fiscal year for research and development from all
Federal sources combined, except that, in the case of
an eligible institution being considered for an
implementation grant, the calculation of such amount
shall not include a planning grant under this section.
``(2) In the case of eligible institutions being
considered for an implementation grant, have received a
planning grant under this section and have developed
and submitted to the Secretary a high-quality strategic
plan, in accordance with the requirements of such
planning grant.
``(e) Use of Funds.--
``(1) Planning grants.--An eligible institution that
receives a planning grant under subsection (b)(1) shall
use the grant funds to develop a strategic plan, assess
capacity, and carry out other activities to develop and
submit an application for an implementation grant to
support research and development infrastructure. In
carrying out the activities under such grant, each such
eligible institution--
``(A) shall develop a high-quality strategic
plan for improving institutional research and
development infrastructure that includes--
``(i) an assessment of the existing
institutional research capacity and
research and development
infrastructure; and
``(ii) a detailed description of how
research and development infrastructure
funds provided by an implementation
grant under this section would be used
to increase institutional research
capacity and support research and
development infrastructure; and
``(B) in developing such strategic plan, may
work in partnership with entities described in
subsection (c)(2) to identify and secure non-
Federal funding to support research and
development infrastructure.
``(2) Implementation grants.--An eligible institution
that receives an implementation grant under subsection
(b)(2) shall use the grant funds to support research
and development infrastructure, which shall include
carrying out at least one of the following activities:
``(A) Providing funding for a program under
paragraph (1), (2), or (9) of section 311(c) or
under paragraph (1), (2), or (8) of section
503(b) related to research and development
infrastructure that is being carried out by the
eligible institution on the date on which the
eligible institution receives a grant under
this section.
``(B) Providing for the improvement of
infrastructure existing on the date of the
grant award, including deferred maintenance, or
the establishment of new physical
infrastructure, including instructional program
spaces, laboratories, or research facilities
relating to the fields of science, technology,
engineering, the arts, mathematics, health,
agriculture, education, medicine, law, and
other disciplines.
``(C) Hiring and retaining faculty, students,
research-related staff, or other personnel,
including research personnel skilled in
operating, using, or applying technology,
equipment, or devices used to conduct or
support research.
``(D) Supporting research internships and
fellowships for students, including
undergraduate, graduate, and post-doctoral
positions, which may include providing direct
student financial assistance to such students.
``(E) Creating new, or expanding existing,
academic positions, including internships,
fellowships, and post-doctoral positions, in
fields of research for which research and
development infrastructure funds have been
awarded under this section.
``(F) Creating and supporting inter- and
intra-institutional research centers (including
formal and informal communities of practice) in
fields of research for which research and
development infrastructure funds have been
awarded under this section, including hiring
staff, purchasing supplies and equipment, and
funding travel to relevant conferences and
seminars to support the work of such centers.
``(G) Building new institutional support
structures and departments that help faculty
learn about, and increase faculty and student
access to, Federal research and development
grant funds and non-Federal academic research
grants.
``(H) Building data and collaboration
infrastructure so that early findings and
research can be securely shared to facilitate
peer review and other appropriate
collaboration.
``(I) Providing programs of study and courses
in fields of research for which research and
development infrastructure funds have been
awarded under this section.
``(J) Paying operating and administrative
expenses for, and coordinating project
partnerships with members of, a consortium
described in subsection (c)(2) on behalf of
which the eligible institution has received a
grant under this section.
``(K) Installing or extending the life and
usability of basic systems and components of
campus facilities related to research,
including high-speed broadband internet
infrastructure sufficient to support digital
and technology-based learning.
``(L) Expanding, remodeling, renovating, or
altering biomedical and behavioral research
facilities existing on the date of the grant
award that receive support under section 404I
of the Public Health Service Act (42 U.S.C.
283k).
``(M) Acquiring and installing furniture,
fixtures, and instructional research-related
equipment and technology for academic
instruction in campus facilities in fields of
research for which research and development
infrastructure funds have been awarded under
this section.
``(N) Providing increased funding to programs
that support research and development at the
eligible institution that are funded by
National Institutes of Health, including the
Path to Excellence and Innovation program with
the National Institutes of Health.
``(f) Eligibility for Benefits.--No individual shall be
determined to be ineligible to receive benefits provided with
grant funds awarded under this section (including direct
student financial assistance) on the basis of citizenship,
alienage, or immigration status.
``(g) Sunset.--
``(1) In general.--The authority to make--
``(A) planning grants under subsection (b)(1)
shall expire at the end of fiscal year 2025;
and
``(B) implementation grants under subsection
(b)(2) shall expire at the end of fiscal year
2027.
``(2) Inapplicability of gepa contingent extension of
programs.--Section 422 of the General Education
Provisions Act (20 U.S.C. 1226a) shall not apply to
this section.
``(h) Appropriations.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$2,000,000,000, to remain available until September 30, 2028,
for carrying out this section.''.
PART 3--MISCELLANEOUS
SEC. 20051. OFFICE OF INSPECTOR GENERAL.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $35,000,000, to remain available until expended,
for the Office of Inspector General of the Department of
Education, for salaries and expenses necessary for oversight,
investigations, and audits of programs, grants, and projects
funded under this subtitle and sections 22101 and 22102 carried
out by the Office of Inspector General.
SEC. 20052. PROGRAM ADMINISTRATION FUNDS.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $738,000,000, to remain available until expended,
for necessary administrative expenses associated with carrying
out this subtitle and sections 22101 and 22102.
SEC. 20053. STUDENT AID ADMINISTRATION.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $91,000,000, to remain available through
September 30, 2030, for Student Aid Administration within the
Department of Education for necessary administrative expenses
associated with carrying out this subtitle.
Subtitle B--Labor Matters
SEC. 21001. DEPARTMENT OF LABOR.
In addition to amounts otherwise available, out of any money
in the Treasury not otherwise appropriated, there are
appropriated to the Department of Labor for fiscal year 2022,
to remain available until September 30, 2026, the following
amounts:
(1) $195,000,000 to the Employee Benefits Security
Administration for carrying out enforcement activities.
(2) $707,000,000 to the Occupational Safety and
Health Administration for carrying out enforcement,
standards development, whistleblower investigations,
compliance assistance, funding for State plans, and
related activities within the Occupational Safety and
Health Administration.
(3) $133,000,000 to the Mine Safety and Health
Administration for carrying out enforcement, standard
setting, technical assistance, and related activities.
(4) $405,000,000 to the Wage and Hour Division for
carrying out activities.
(5) $121,000,000 to the Office of Workers'
Compensation Programs for carrying out activities of
the Office relating to claims activity, policy and
standards development, and monitoring of State workers'
compensation programs.
(6) $201,000,000 to the Office of Federal Contract
Compliance Programs for carrying out audit,
investigation, enforcement, and compliance assistance,
and other activities.
(7) $176,000,000 to the Office of the Solicitor for
carrying out necessary legal support for activities
carried out by the Office related to and in support of
the activities of those Department of Labor agencies
receiving additional funding in this section.
SEC. 21002. NATIONAL LABOR RELATIONS BOARD.
In addition to amounts otherwise available, out of any money
in the Treasury not otherwise appropriated, there are
appropriated to the National Labor Relations Board for fiscal
year 2022, $350,000,000, to remain available until September
30, 2026, for carrying out the activities of the Board, of
which not more than $5,000,000 shall be for the implementation
of systems to conduct electronic voting for union
representation elections.
SEC. 21003. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
In addition to amounts otherwise available, out of any money
in the Treasury not otherwise appropriated, there are
appropriated to the Equal Employment Opportunity Commission for
fiscal year 2022, $321,000,000, to remain available until
September 30, 2026, for carrying out investigation,
enforcement, outreach, and related activities.
SEC. 21004. ADJUSTMENT OF CIVIL PENALTIES.
(a) Occupational Safety and Health Act of 1970.--Section 17
of the Occupational Safety and Health Act of 1970 (29 U.S.C.
666) is amended--
(1) in subsection (a)--
(A) by striking ``$70,000'' and inserting
``$700,000''; and
(B) by striking ``$5,000'' and inserting
``$50,000'';
(2) in subsection (b), by striking ``$7,000'' and
inserting ``$70,000''; and
(3) in subsection (d), by striking ``$7,000'' and
inserting ``$70,000''.
(b) Fair Labor Standards Act of 1938.--Section 16(e) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is
amended--
(1) in paragraph (1)(A)--
(A) in clause (i), by striking ``$11,000''
and inserting ``$132,270''; and
(B) in clause (ii), by striking ``$50,000''
and inserting ``$601,150''; and
(2) in paragraph (2)--
(A) in the first sentence, by striking
``$1,100'' and inserting ``$20,740''; and
(B) in the second sentence, by striking
``$1,100'' and inserting ``$11,620''.
(c) Migrant and Seasonal Agricultural Worker Protection
Act.--Section 503(a)(1) of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1853(a)(1)) is
amended by striking ``$1,000'' and inserting ``$25,790''.
(d) Effective Date.--The amendments made by this section
shall take effect on January 1, 2022.
SEC. 21005. CIVIL MONETARY PENALTIES FOR PARITY VIOLATIONS.
(a) Civil Monetary Penalties Relating to Parity in Mental
Health and Substance Use Disorders.--Section 502(c)(10) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1132(c)(10)(A)) is amended--
(1) in the heading, by striking ``use of genetic
information'' and inserting ``use of genetic
information and parity in mental health and substance
use disorder benefits''; and
(2) in subparagraph (A)--
(A) by striking ``any plan sponsor of a group
health plan'' and inserting ``any plan sponsor
or plan administrator of a group health plan'';
and
(B) by striking ``for any failure'' and all
that follows through ``in connection with the
plan.'' and inserting ``for any failure by such
sponsor, administrator, or issuer, in
connection with the plan--
``(i) to meet the requirements of
subsection (a)(1)(F), (b)(3), (c), or
(d) of section 702 or section 701 or
702(b)(1) with respect to genetic
information; or
``(ii) to meet the requirements of
subsection (a) of section 712 with
respect to parity in mental health and
substance use disorder benefits.''.
(b) Exception to the General Prohibition on Enforcement.--
Section 502 of such Act (29 U.S.C. 1132) is amended--
(1) in subsection (a)(6), by striking ``or (9)'' and
inserting ``(9), or (10)''; and
(2) in subsection (b)(3)--
(A) by striking ``subsections (c)(9) and
(a)(6)'' and inserting ``subsections (c)(9),
(c)(10), and (a)(6)'';
(B) by striking ``under subsection (c)(9))''
and inserting ``under subsections (c)(9) and
(c)(10)), and except with respect to
enforcement by the Secretary of section 712'';
and
(C) by striking ``706(a)(1)'' and inserting
``733(a)(1)''.
(c) Effective Date.--The amendments made by subsection (a)
shall apply with respect to group health plans, or any health
insurance issuer offering health insurance coverage in
connection with such plan, for plan years beginning after the
date that is 1 year after the date of enactment of this Act.
SEC. 21006. PENALTIES UNDER THE NATIONAL LABOR RELATIONS ACT.
(a) In General.--Section 12 of the National Labor Relations
Act (29 U.S.C. 162) is amended--
(1) by striking ``SEC. 12. Any person'' and inserting
the following:
``SEC. 12. PENALTIES.
``(a) Violations for Interference With Board.--Any person'';
and
(2) by adding at the end the following:
``(b) Civil Penalties for Unfair Labor Practices.--Any
employer who commits an unfair labor practice within the
meaning of section 8(a) affecting commerce shall be subject to
a civil penalty in an amount not to exceed $50,000 for each
such violation, except that, with respect to such an unfair
labor practice within the meaning of paragraph (3) or (4) of
section 8(a) or such a violation of section 8(a) that results
in the discharge of an employee or other serious economic harm
to an employee, the Board shall double the amount of such
penalty, to an amount not to exceed $100,000, in any case where
the employer has within the preceding 5 years committed another
such violation of such paragraph (3) or (4) or such violation
of section 8(a) that results in such discharge or other serious
economic harm. A civil penalty under this paragraph shall be in
addition to any other remedy ordered by the Board.
``(c) Considerations.--In determining the amount of any civil
penalty under this section, the Board shall consider--
``(1) the gravity of the actions of the employer
resulting in the penalty, including the impact of such
actions on the charging party or on other persons
seeking to exercise rights guaranteed by this Act;
``(2) the size of the employer;
``(3) the history of previous unfair labor practices
or other actions by the employer resulting in a
penalty; and
``(4) the public interest.
``(d) Director and Officer Liability.--If the Board
determines, based on the particular facts and circumstances
presented, that a director or officer's personal liability is
warranted, a civil penalty for a violation described in this
section may also be assessed against any director or officer of
the employer who directed or committed the violation, had
established a policy that led to such a violation, or had
actual or constructive knowledge of and the authority to
prevent the violation and failed to prevent the violation.''.
(b) Additional Penalties.--The National Labor Relations Act
(29 U.S.C. 151 et seq.) is amended by inserting after section
12 (29 U.S.C. 162) the following:
``SEC. 12A. ADDITIONAL PENALTIES.
``(a) Civil Penalties for Additional Conduct.--Any employer
who violates subsection (d) affecting commerce shall be subject
to a civil penalty in an amount not to exceed $50,000 for each
such violation, except that, with respect to such a violation
that results in the discharge of an employee or other serious
economic harm to an employee, the Board shall double the amount
of such penalty, to an amount not to exceed $100,000, in any
case where the employer has within the preceding 5 years
committed another such violation of subsection (d) that results
in such discharge or other serious economic harm.
``(b) Considerations.--In determining the amount of any civil
penalty under this section, the Board shall consider--
``(1) the gravity of the actions of the employer
resulting in the penalty, including the impact of such
actions on the charging party or on other persons
seeking to exercise rights guaranteed by this Act;
``(2) the size of the employer;
``(3) the history of previous unfair labor practices
or other actions by the employer resulting in a
penalty; and
``(4) the public interest.
``(c) Director and Officer Liability.--If the Board
determines, based on the particular facts and circumstances
presented, that a director or officer's personal liability is
warranted, a civil penalty for a violation described in this
section may also be assessed against any director or officer of
the employer who directed or committed the violation, had
established a policy that led to such a violation, or had
actual or constructive knowledge of and the authority to
prevent the violation and failed to prevent the violation.
``(d) Prohibition.--It shall be unlawful for an employer--
``(1) to promise, threaten, or take any action--
``(A) to permanently replace an employee who
participates in a strike as defined by section
501(2) of the Labor Management Relations Act,
1947 (29 U.S.C. 142(2));
``(B) to discriminate against an employee who
is working or has unconditionally offered to
return to work for the employer because the
employee supported or participated in such a
strike; or
``(C) to lockout, suspend, or otherwise
withhold employment from employees in order to
influence the position of such employees or the
representative of such employees in collective
bargaining prior to a strike;
``(2) to communicate or misrepresent to an employee
under section 2(3) that such employee is excluded from
the definition of employee under section 2(3);
``(3) to require or coerce an employee to attend or
participate in such employer's campaign activities
unrelated to the employee's job duties, including
activities that are subject to the requirements under
section 203(b) of the Labor-Management Reporting and
Disclosure Act of 1959 (29 U.S.C. 433(b)); or
``(4) to violate subsection (e).
``(e) Collective Action.--
``(1) In general.--No employer shall--
``(A) enter into or attempt to enforce any
agreement, express or implied, whereby prior to
a dispute to which the agreement applies, an
employee undertakes or promises not to pursue,
bring, join, litigate, or support any kind of
joint, class, or collective claim arising from
or relating to the employment of such employee
in any forum that, but for such agreement, is
of competent jurisdiction;
``(B) coerce an employee into undertaking or
promising not to pursue, bring, join, litigate,
or support any kind of joint, class, or
collective claim arising from or relating to
the employment of such employee; or
``(C) retaliate or threaten to retaliate
against an employee for refusing to undertake
or promise not to pursue, bring, join,
litigate, or support any kind of joint, class,
or collective claim arising from or relating to
the employment of such employee.
``(2) Exception.--This subsection shall not apply to
any agreement embodied in or expressly permitted by a
contract between an employer and a labor organization.
``(f) Enforcement.--The provisions of section 10 and 11 shall
apply to a violation of this section in the same manner as such
provisions apply to an unfair labor practice, except that--
``(1) an order under section 10 with respect to a
violation of this section--
``(A) shall require only that the person in
such violation pay a civil penalty under
subsection (a); and
``(B) shall not include a requirement for a
person to cease and desist such violation or
any form of affirmative action other than the
payment of such penalty;
``(2) a petition under subsection (e) of section 10
with respect to a violation of this section may be only
for enforcement of an order for the payment of a civil
penalty under subsection (a);
``(3) a petition under subsection (f) of section 10
with respect to a violation of this section may be only
for review of an order for the payment of such a civil
penalty; and
``(4) a court under section 10 may not grant any form
of relief, including temporary relief, a restraining
order, or any other form of injunctive relief, for a
violation of this section other than a decree to
enforce, modify, or set aside in whole or in part an
order of the Board imposing a civil penalty under
subsection (a) for a violation of this section.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2022.
Subtitle C--Workforce Development Matters
PART 1--DEPARTMENT OF LABOR
SEC. 22001. DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated to the Department of Labor for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $16,000,000,000, to remain available
until September 30, 2026, except that no amounts may be
expended after September 30, 2031, which shall be reserved and
allotted to States in accordance with subsection (b)(2) of
section 132 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3172), reserved and allocated to local areas in
accordance with subsections (a) and (b)(1)(B) of section 133 of
such Act (29 U.S.C. 3173), and reserved by such local areas as
follows:
(1) Not less than 20 percent shall be reserved for
carrying out the career services authorized under
subsection (c)(2) of section 134 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174) and
expanding access to the individualized career services
described in section 134(c)(2)(A)(xii) of such Act (29
U.S.C. 3174(c)(2)(A)(xii)).
(2) Not less than 20 percent shall be reserved for
carrying out the supportive services and providing the
needs-related payments authorized under paragraphs (2)
and (3) of section 134(d) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174(d)), except that
for purposes of the reservation under this paragraph
the requirements of subparagraphs (B) and (C) of
paragraph (3) of such section shall not apply; and
(3) Not less than 50 percent shall be reserved for
carrying out the training services--
(A) of which, not less than 60 percent shall
be made available for individual training
accounts authorized under section 134(c)(3) of
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3174(c)(3)).
(B) except that for purposes of providing
transitional jobs as part of those services
under this section, section 134(d)(5) of such
Act (29 U.S.C. 3174(d)(5)) shall be applied by
substituting ``40 percent'' for ``10 percent''.
(b) Supplement Not Supplant.--Amounts made available to carry
out this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended to
provide employment and training activities for dislocated
workers, including funds provided under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
SEC. 22002. ADULT WORKER EMPLOYMENT AND TRAINING ACTIVITIES.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated to the Department of Labor for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $15,000,000,000, to remain available
until September 30, 2026, except that no amounts may be
expended after September 30, 2031, which shall be reserved and
allotted to States in accordance with subsection (b)(1) of
section 132 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3172), reserved and allocated to local areas in
accordance with subsections (a) and (b)(1)(A) of section 133 of
such Act (29 U.S.C. 3173), and reserved by such local areas as
follows:
(1) Not less than 20 percent shall be reserved for
carrying out the career services authorized under
subsection (c)(2) of section 134 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174) and
expanding access to the individualized career services
described in section 134(c)(2)(A)(xii) of such Act (29
U.S.C. 3174(c)(2)(A)(xii)).
(2) Not less than 10 percent shall be reserved for
carrying out the supportive services and providing the
needs-related payments authorized under paragraphs (2)
and (3) of section 134(d) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174(d)).
(3) Not less than 50 percent shall be reserved for
carrying out the training services--
(A) of which, not less than 60 percent shall
be made available for individual training
accounts or contracts authorized under of
section 134(c)(3) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174(c)(3)); and
(B) except that for purposes of providing
incumbent worker training as part of those
services under this section, if such training
is provided to low-wage workers, section
134(d)(4)(A)(i) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(d)(4)(A)(i))
shall be applied by substituting ``40 percent''
for ``20 percent''.
(b) Supplement Not Supplant.--Amounts made available to carry
out this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended to
provide adult employment and training activities, including
funds provided under the Workforce Innovation and Opportunity
Act (29 U.S.C. 3101 et seq.).
SEC. 22003. YOUTH WORKFORCE INVESTMENT ACTIVITIES.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated to the Department of Labor for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $9,054,000,000, to remain available
until September 30, 2026, except that no amounts may be
expended after September 30, 2031, which shall be reserved and
allotted to States in accordance with subparagraphs (B) and (C)
of section 127(b)(1) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3162(b)(1)), reserved and allocated
to local areas in accordance with subsections (a) and (b) of
section 128 of such Act (29 U.S.C. 3163), and reserved by such
local areas as follows:
(1) 25 percent shall be reserved for carrying out the
youth workforce investment activities authorized under
section 129 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3164 et seq.).
(2) 75 percent shall be reserved to provide
opportunities for in-school youth and out-of-school
youth to participate in paid work experiences described
in subsection (c)(2)(C) of section 129 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164).
(b) Partnerships.--Not less than 20 percent of amounts made
available under subsection (a) shall be used by local areas to
partner with community-based organizations serving out-of-
school youth to carry out activities described in paragraphs
(1) and (2) of subsection (a), including those residing in
high-crime or high-poverty areas.
(c) Supplement Not Supplant.--Amounts made available to carry
out this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended for youth
workforce investment activities, including funds provided under
the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.).
SEC. 22004. EMPLOYMENT SERVICE.
In addition to amounts otherwise made available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
the following amounts, to remain available until September 30,
2026, except that no amounts may be expended after September
30, 2031
(1) $1,250,000,000 for carrying out the State grant
activities authorized under section 7 of the Wagner-
Peyser Act (29 U.S.C. 49f), which shall be allotted in
accordance with section 6 of such Act (29 U.S.C. 49e),
except that, for purposes of this section, funds shall
also be provided to the Commonwealth of the Northern
Mariana Islands and American Samoa in amounts the
Secretary determines appropriate prior to the
allotments being made in accordance with section 6 of
such Act (29 U.S.C. 49d).
(2) $100,000,000 for carrying out improvements to the
workforce and labor market information systems
authorized under section 15 of the Wagner-Peyser Act
(29 U.S.C. 49l-2).
SEC. 22005. RE-ENTRY EMPLOYMENT OPPORTUNITIES.
In addition to amounts otherwise made available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$3,600,000,000, to remain available until September 30, 2026,
except that no amounts may be expended after September 30,
2031, for carrying out ex-offender activities, under the
authority of section 169 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3224). Not less than 25 percent of
such funds shall be for competitive grants to national and
regional intermediaries for activities that prepare for
employment of young adults with criminal records, young adults
who have been justice system-involved, or young adults who have
dropped out of school or other educational programs, with a
priority for projects serving high-crime, high-poverty areas.
SEC. 22006. REGISTERED APPRENTICESHIPS, YOUTH APPRENTICESHIPS, AND PRE-
APPRENTICESHIPS.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated to the Department of Labor for
fiscal year 2022, out of any amounts in the Treasury not
otherwise appropriated, $5,000,000,000, to remain available
until September 30, 2026, except that no amounts may be
expended after September 30, 2031, to carry out activities
through grants, cooperative agreements, contracts or other
arrangements, with States and other appropriate entities,
including equity intermediaries and business and labor industry
partner intermediaries, to create or expand only--
(1) apprenticeship programs registered under the Act
of August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.); and
(2) youth apprenticeship programs and pre-
apprenticeship programs that articulate to
apprenticeship programs described in paragraph (1).
(b) Reservation.--Not less than 50 percent of the funds made
available under section (a) shall be reserved for--
(1) entities serving a high number or high percentage
of individuals with barriers to employment (as defined
in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102)), including
individuals with disabilities, or nontraditional
apprenticeship populations; or
(2) youth apprenticeships or pre-apprenticeships that
articulate to such registered apprenticeships programs.
SEC. 22007. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP GRANTS.
(a) Definitions.--In this section--
(1) Eligible institution.--The term ``eligible
institution'' means an institution of higher education
(as defined in section 101 or 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1001, 1002(c)),
including a Tribal College or University (as defined in
section 316 of such Act (20 U.S.C. 1059c)), or a
consortium of such institutions--
(A) at which the highest degree awarded is an
associate degree; or an associate degree is the
predominant degree awarded; and
(B) that is working directly with an industry
or sector partnership, or in the process of
establishing such partnership, to carry out a
grant under this section.
(2) Perkins cte definitions.--The terms ``career and
technical education'', ``career guidance and academic
counseling'' , ``dual or concurrent enrollment
program'', ``evidence-based'' and ``work-based
learning'' have the meanings given the terms in section
3 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302).
(3) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an
apprenticeship registered under the Act of August 16,
1937 (commonly known as the ``National Apprenticeship
Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.).
(4) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(5) Wioa definitions.--
(A) In general.--The terms ``career
pathway'', ``in-demand industry sector or
occupation'', ``individual with a barrier to
employment'', ``industry or sector
partnership'', ``integrated education and
training'', ``recognized postsecondary
credential'' and ``supportive services'' have
the meanings given the terms in section 3 of
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
(B) Career services.--The term ``career
services'' means services described in section
134(c)(2) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(2)).
(b) In General.--In addition to amounts otherwise made
available, there is appropriated to the Department of Labor for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $2,000,000,000, to remain available
until September 30, 2026, except that no amounts may be
expended after September 30, 2031, to carry out this section.
(c) Grants.--From funds appropriated under subsection (b) and
not reserved under subsection (e), and under the authority of
section 169(b)(5) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3224(b)(5)), the Secretary shall award grants on
a competitive basis to eligible institutions for the purposes
of expanding workforce development and employment opportunities
in high-skill, high-wage, or in-demand industry sectors or
occupations. To receive such a grant, an eligible institution
shall submit to the Secretary an application at such time, in
such manner, and containing such information as specified by
the Secretary, including a description of the related programs,
recognized postsecondary credentials, and employment
opportunities.
(d) Use of Grant Funds.--
(1) In general.--An eligible institution awarded a
grant under this section shall use such grant funds to
expand opportunities for attainment of recognized
postsecondary credentials that are nationally portable
and stackable for high-skill, high-wage, or in-demand
industry sectors or occupations by--
(A) establishing, improving, or scaling high-
quality, evidence-based education and training
programs, such as career and technical
education programs, career pathway programs,
and work-based learning programs (including
programs of registered apprenticeships or pre-
apprenticeships that articulate to registered
apprenticeships);
(B) creating, developing, or expanding
articulation agreements (as defined in section
486A(a) of the Higher Education Act of 1965 (20
U.S.C. 1093a(a))), credit transfer agreements,
corequisite remediation programs, dual or
concurrent enrollment programs, or policies and
processes to award academic credit for prior
learning or career training programs supported
by the funds described in subsection (c);
(C) making available open, searchable, and
comparable information on curriculum or
recognized postsecondary credentials, including
those created or developed using such funds,
and information on the related skills or
competencies, and related employment and
earnings outcomes;
(D) establishing or implementing plans for
providers of programs supported with such funds
to be included on the eligible training
services provider list described in section
122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d));
(E) purchasing, leasing, or refurbishing
specialized equipment necessary to carry out
the education or career training programs
supported by such funds;
(F) reducing or eliminating out-of-pocket
expenses related to participants' cost of
attendance in the education or career training
activities supported by such funds; or
(G) establishing or expanding industry or
sector partnerships to successfully carry out
the activities described in subparagraphs (A)
through (F).
(2) Reservation.--An eligible institution awarded a
grant under this section shall use not less than 15
percent of such grant funds to provide services to help
individuals with barriers to employment complete and
successfully transition out of education or career
training programs supported by such funds, which shall
include providing supportive services, career services,
career guidance and academic counseling, or job
placement assistance.
(e) Reservations.--From the amounts made available under
subsection (b), the Secretary shall reserve not more than 5
percent for--
(1) targeted outreach to eligible institutions
serving a high number or high percentage of low-income
individuals or individuals with barriers to employment,
and rural-serving eligible institutions, to provide
guidance and assistance in the grant application
process under this section;
(2) administration of the program described in this
section, including providing technical assistance and
oversight to support eligible institutions (including
consortia of eligible institutions); and
(3) evaluating and reporting on the performance and
impact of programs funded under this section.
(f) Supplement Not Supplant.--Amounts available to carry out
this section shall be used to supplement and not supplant other
Federal, State, and local public funds expended to support
community college education or career training programs.
SEC. 22008. INDUSTRY OR SECTOR PARTNERSHIP GRANTS.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated to the Department of Labor for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000,000, to remain available
until September 30, 2026, except that no amounts may be
expended after September 30, 2031, to carry out this section.
(b) Grants.--From amounts appropriated under subsection (a)
and not reserved under subsection (d), and under the authority
of section 169(b)(5) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3224(b)(5)), the Secretary shall
award grants on a competitive basis to eligible partnerships
for the purposes of expanding workforce development and
employment opportunities for high-skill, high-wage, or in-
demand industry sectors or occupations, including information
technology, clean energy, arts and entertainment,
infrastructure and transportation, advanced manufacturing,
health care, public health, home care, and early childhood care
and education. To receive such a grant, an eligible partnership
shall submit to the Secretary an application at such time, in
such manner, and containing such information as specified by
the Secretary.
(c) Uses of Funds.--An eligible partnership awarded such a
grant under this section shall use--
(1) such grant funds to engage and regularly convene
stakeholders in a collaborative structure to identify,
develop, improve, or expand training, employment, and
growth opportunities for the high-skill, high-wage, or
in-demand industry sector or occupation on which such
partnership is focused;
(2) not less than 50 percent of such grant funds to
directly provide, or arrange for the provision of,
high-quality, evidence-based training for the high-
skill, high-wage, or in-demand industry sector or
occupation on which such partnership is focused, which
shall include--
(A) training services described in any clause
of subparagraph (D) of section 134(c)(3) of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3174(c)(3))) provided through contracts
that meet the requirements of that section
134(c)(3); or
(B) training provided through registered
apprenticeship programs, youth apprenticeship,
or pre-apprenticeship programs that articulate
to registered apprenticeship programs, or
through joint labor-management partnerships;
and
(C) establishing or implementing plans for
providers of programs supported with such funds
to be included on the eligible training
services provider list described in section
122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)).
(3) not less than 15 percent of such grant funds to
directly provide, or arrange for the provision of,
services to help individuals with barriers to
employment complete and successfully transition out of
training described in paragraph (2), which services
shall include career services, supportive services, or
the provision of needs-related payments authorized
under subsections (c)(2), (d)(2), and (d)(3) of section
134 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174).
(d) Reservations.--
(1) In general.--From the amounts made available
under subsection (a), the Secretary shall reserve not
more than 5 percent for--
(A) targeted outreach and support to eligible
partnerships serving local areas with high
unemployment rates or high percentages of
individuals with low incomes or individuals
with barriers to employment, to provide
guidance and assistance in the grant
application process under this section;
(B) administration of the program described
in this section, including providing
comprehensive technical assistance and
oversight to support eligible partnerships; and
(C) evaluating and reporting on the
performance and impact of programs funded under
this section.
(2) State board or local board funds.--From amounts
made available under subsection (a), the Secretary
shall reserve not less than 5 percent to provide direct
assistance to State boards or local boards to support
the creation or expansion of industry or sector
partnerships in local areas with high unemployment
rates or high percentages of individuals with low
incomes or individuals with barriers to employment, as
compared to State or national averages for such rates
or percentages.
(e) Supplement Not Supplant.--Amounts made available to carry
out this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended to
support activities described in this section.
(f) Definitions.--In this section:
(1) Eligible partnership.--The term ``eligible
partnership'' means--
(A) an industry or sector partnership, which
shall include multiple representatives
described in each of clauses (i) through (iii)
of paragraph (26)(A) of section 3 of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3102); or
(B) a partnership of multiple entities
described in section 3(26) of such Act (29
U.S.C. 3102(26)), and a State board or local
board, that is in the process of establishing
an industry or sector partnership.
(2) Perkins cte definitions.--The terms ``career
guidance and academic counseling'' and ``evidence-
based'' have the meanings given the terms in section 3
of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302).
(3) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an
apprenticeship registered under the Act of August 16,
1937 (commonly known as the ``National Apprenticeship
Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.).
(4) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(5) Wioa definitions.--The terms ``career pathway'',
``in-demand industry sector or occupation'',
``individual with a barrier to employment'', ``industry
or sector partnership'', ``local area'', ``local
board'', and ``State board'' have the meanings given
the terms in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
SEC. 22009. JOB CORPS.
In addition to amounts otherwise made available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any amounts in the Treasury not otherwise appropriated,
$1,500,000,000, to remain available until September 30, 2026,
except that no amounts may be expended after September 30,
2031, for the Job Corps program authorized under section 143 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3193),
including improving and expanding access to allowances and
supports described in section 150 of such Act (29 U.S.C. 3200),
except that for the purposes of this section, outlying areas as
defined in section 3 of such Act (29 U.S.C. 3102) shall be
considered eligible to receive funds under this section. Of
such funds, no less than $750,000,000 shall be reserved for
construction, rehabilitation and acquisition of Job Corps
Centers.
SEC. 22010. NATIVE AMERICAN PROGRAMS.
In addition to amounts otherwise made available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any amounts in the Treasury not otherwise appropriated,
$450,000,000, to remain available until September 30, 2026,
except that no amounts may be expended after September 30,
2031, for the Native American programs authorized under the
Workforce Innovation and Opportunity Act.
SEC. 22011. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
In addition to amounts otherwise made available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any amounts in the Treasury not otherwise appropriated,
$450,000,000, to remain available until September 30, 2026,
except that no amounts may be expended after September 30,
2031, for the migrant and seasonal farmworker programs
authorized under Workforce Innovation and Opportunity Act,
except that, for purposes of providing services under those
programs to low-income individuals under this section, section
3(36)(A)(ii)(I) of such Act (29 U.S.C. 3102(36)(A)(ii)(I))
shall be applied by substituting ``150 percent of the poverty
line'' for ``the poverty line''.
SEC. 22012. YOUTHBUILD PROGRAM.
In addition to amounts otherwise made available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any amounts in the Treasury not otherwise appropriated,
$500,000,000, to remain available until September 30, 2026,
except that no amounts may be expended after September 30,
2031, for the YouthBuild program authorized under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3226), including for
the purposes of improving and expanding access to services,
stipends, wages, and benefits described in subsections
(c)(2)(A)(vii) and (c)(2)(F) of section 171 of such Act.
SEC. 22013. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM.
In addition to amounts otherwise made available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any amounts in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2026,
except that no amounts may be expended after September 30,
2031, for the Senior Community Service Employment program
authorized under title V of the Older Americans Act (42 U.S.C.
3056 et seq.).
SEC. 22014. PROGRAM ADMINISTRATION.
In addition to amounts otherwise made available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$720,000,000, to remain available until September 30, 2028,
except that no amounts may be expended after September 30,
2031, for program administration within the Department of Labor
for salaries and expenses necessary to implement this part,
parts 3 and 4, and section 22402 of part 5 of this subtitle,
including for management, legal, or other support necessary to
implement such parts or section.
PART 2--DEPARTMENT OF EDUCATION
SEC. 22101. ADULT EDUCATION AND LITERACY.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated to the Department of Education
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,600,000,000, to remain available
until September 30, 2028, to carry out title II of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.), which shall be reserved, and granted and allotted to
eligible agencies in accordance with subsections (a), (b), and
(c) of section 211 of such Act, respectively.
(b) Requirement.--With respect to each eligible agency that
receives funds appropriated by this section, for each fiscal
year for which such eligible agency receives such funds,
section 222(a)(1) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3302(a)(1)) the shall be applied by substituting
``not less than 10 percent'' for ``not more than 20 percent''.
SEC. 22102. CAREER AND TECHNICAL EDUCATION.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated to the Department of Education
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, the following amounts, to remain
available until September 30, 2028:
(1) $3,000,000,000 for carrying out career and
technical education programs authorized under section
124 and section 135 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.), which shall be allotted in accordance with
section 111 and section 112 of such Act (20 U.S.C.
2321, 2322), except that subsection (b) of section 112
of such Act (20 U.S.C. 2322) shall not apply.
(2) $1,000,000,000 for carrying out the innovation
and modernization program described in subsection(e) of
section 114 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2324(e)), except that
for purposes of this paragraph--
(A) the 20 percent limitation in paragraph
(1) of such subsection, and paragraph (2) of
such subsection, shall not apply; and
(B) eligible agencies (as defined in section
3 of such Act) shall be eligible to receive
grants under section 114(e) of such Act.
(b) Supplement Not Supplant.--Amounts made available to carry
out this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended for
career and technical education programs, including the funds
provided under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.).
PART 3--COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION GRANT PROGRAM
SEC. 22201. COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION GRANT
PROGRAM.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated to the Department of Labor,
$300,000,000 for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available until
expended, for the Secretary of Labor (referred to in this
section as the ``Secretary'') to award grants to States in
accordance with this section to assist employers in such States
who were issued special certificates under section 14(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) in
transforming (or continuing to transform) their business and
program models from providing employment using special
certificates to business and program models that employ and
support people with disabilities in competitive integrated
employment and to cover any administrative costs associated
with such grants.
(b) Reservations and Allotments; Duration of Awards.--
(1) Reservations.--
(A) Allotments to non-covered states.--
(i) In general.--The Secretary shall
reserve 10 percent of the amount
appropriated by subsection (a) to award
grants, in accordance to clause (ii),
to States described in subsection
(c)(3) that submit an application under
subsection (c) meeting the applicable
requirements of such subsection.
(ii) Allotment amount.--The Secretary
shall allot grants to each State under
clause (i) a grant in an amount that
bears the same relationship to the
total amount reserved under clause (i)
as the population of the State bears to
the total population of all States
described in such clause.
(B) National technical assistance center.--
The Secretary shall use 2 percent of the
amounts appropriated in subsection (a) to
establish, either directly or through grants,
contracts, or cooperative agreements, a
national technical assistance center to provide
technical assistance to employers who are
transforming from employing people with
disabilities using special certificates to
providing competitive integrated employment and
to collect and disseminate evidence-based
practices with respect to the transformations
and in providing competitive integrated
employment and integrated services.
(2) Allotments to covered states.--
(A) 15 or more covered states.--
(i) In general.--In the case that, as
of a date determined appropriate by the
Secretary, there are 15 or more covered
States the Secretary shall allot to
each covered State a grant in an amount
equal to the sum of the allotted to
such State under clauses (ii) and
(iii).
(ii) Allotment based on number of
employees under special certificates.--
From the total amount that is 70
percent of the funds appropriated under
subsection (a) and not reserved under
paragraph (1), the Secretary shall
allot to each covered State an amount
that bears the same relationship to
such total amount as the number of
people with disabilities who are
employed under a special certificate in
the covered State bears to the total
number of people with disabilities who
are employed under a special
certificate in all covered States.
(iii) Allotment based on employers
with special certificates.--From the
total amount that is 30 percent of the
funds appropriated under subsection (a)
and not reserved under paragraph (1),
the Secretary shall allot to each
covered State an amount that bears the
same relationship to such total amount
as the number of employers in the
covered State who have in effect a
special certificate bears to the total
number of employers in all covered
States who have in effect such a
certificate.
(B) 14 or fewer covered states.--In the case
that, as of the date determined appropriate by
the Secretary under subparagraph (A), there are
fewer than 15 covered States, the Secretary
shall award grants to each covered State on a
competitive basis in an amount that the
Secretary determines necessary to accomplish
the purpose of the grant described in
subsection (a).
(C) Covered state.--In this subsection, the
term ``covered State'' means a State that--
(i) is not described in subsection
(c)(3); and
(ii) submits an application under
subsection (c) that meets the
applicable requirements under such
subsection.
(3) Duration of awards.--A grant under this section
shall be awarded for a period of 5 years.
(4) Cutoff.--The Secretary may not issue a grant
under this subsection after September 30, 2025.
(c) Applications.--
(1) In general.--To be eligible to receive a grant
under this section, a State shall submit an application
to the Secretary at such time, in such manner, and
including such information as the Secretary may
reasonably require.
(2) Contents.--In the case of a State not described
in paragraph (3), an application submitted under
paragraph (1) shall include--
(A) a description of the status of the
employers in the State providing employment
using special certificates, which may include--
(i) the number of employers in the
State using special certificates to
employ and pay people with
disabilities;
(ii) the number of employees in the
State employed under a special
certificate;
(iii) the average number of hours
such employees work per week; and
(iv) the average hourly wage for such
employees;
(B) a description of activities to be funded
under the grant, and the goals of such
activities, including the activities of the
State with respect to competitive integrated
employment for people with disabilities; and
(C) assurances that--
(i) the activities carried out under
the grant will, by not later than the
end of the 5-year grant period, result
in--
(I) each employer in the
State voluntarily ceasing to
use special certificates by the
end of the 5-year grant period
and no longer applying for or
renewing such certificates; or
(II) in the case of an
employer in the State that, as
of the date of enactment of
this Act, provides employment
using special certificates, the
employer--
(aa) transforms its
business and program
models as described in
subsection (d)(1)(A);
or
(bb) ceases providing
specialized employment
services for people
with disabilities; and
(ii) each individual in the State who
is employed under a special certificate
on or after the date of enactment will
be employed in competitive integrated
employment or a combination of
competitive integrated employment and
integrated services, including by
compensating all employees of the
employer for all hours worked at a rate
that is--
(I) not less than the higher
of the rate specified in
section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) or the rate
specified in the applicable
State or local minimum wage
law, or the applicable
prevailing wage rate under the
McNamara-O'Hara Service
Contract Act (41 U.S.C. 6701 et
seq.); and
(II) not less than the rate
paid by the employer for the
same or similar work performed
by other employees who are not
people with disabilities, and
who are similarly situated in
similar occupations by the same
employer and who have similar
training, experience, and
skills; and
(iii) the State will establish an
advisory council described in
subsection (e) to monitor and guide the
process of transforming business and
program models of employers in the
State as described in subsection
(d)(1)(A).
(3) Applications for states receiving amount from
reservation.--In the case of a State that, as of the
date of enactment of this Act, is determined by the
Secretary to have phased out or to be in the process of
phasing out the use of special certificates in the
State, an application under this subsection from such
State shall include only the information described in
paragraph (2)(B).
(d) Use of Funds.--
(1) In general.--In the case of a State not described
in paragraph (2), such State shall use the grant funds
for each of the following activities:
(A) Identifying each employer in the State
that will transform its business and program
models from employing people with disabilities
using special certificates to employing people
with disabilities in competitive integrated
employment settings, or a setting involving a
combination of competitive integrated
employment and integrated services.
(B) Implementing a service delivery
infrastructure to support people with
disabilities who have been employed under
special certificates through such a
transformation, including providing enhanced
integrated services to support people with the
most significant disabilities.
(C) Expanding competitive integrated
employment and integrated services to be
provided to such people as a result of
transformations described in subparagraph (A).
(2) States receiving amount from reservation.--A
State that, as of the date of enactment of this Act, is
determined by the Secretary to have phased out or to be
in the process of phasing out the use of special
certificates in the State, shall use the grant funds
for expansion of competitive integrated employment and
integrated services to be provided to people with
disabilities.
(e) Members of the Advisory Council.--A State receiving a
grant under this section shall, for the purpose described in
subsection (c)(2)(C)(iii), establish an advisory council
composed of the following:
(1) People with disabilities, including people with
intellectual or developmental disabilities and people
with mental health disabilities, who are or were
employed under a special certificate, who shall
comprise not less than 25 percent of the members of
such advisory council.
(2) Family members of a person with an intellectual,
developmental, or mental health disability who is or
was employed under a special certificate or is employed
in competitive integrated employment.
(3) An employer providing competitive integrated
employment.
(4) An employer providing employment under special
certificates.
(5) Representatives of relevant State agencies with
expertise in competitive integrated employment,
disability organizations with such expertise, and
disability related offices and groups with such
expertise.
SEC. 22202. DEFINITIONS.
In this part:
(1) Competitive integrated employment.--The term
``competitive integrated employment'' has the meaning
given such term in section 7(5) of the Rehabilitation
Act of 1973 (29 U.S.C. 705(5)).
(2) Employee; employer.--The terms ``employee'' and
``employer'' have the meanings given such terms in
section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(3) Integrated community participation and wraparound
services; integrated services.--The terms ``integrated
community participation and wraparound services'' or
``integrated services'' mean services for people with
disabilities that are--
(A) designed to assist such people in
developing skills and abilities to reside
successfully in home and community-based
settings;
(B) provided in accordance with a person-
centered written plan of care;
(C) created using evidence-based practices
that lead to such people--
(i) maintaining competitive
integrated employment;
(ii) achieving independent living; or
(iii) maximizing socioeconomic self-
sufficiency, optimal independence, and
full participation in the community;
(D) provided in a community location that is
not specifically intended for people with
disabilities;
(E) provided in a location that--
(i) allows the people receiving the
services to interact with people
without disabilities to the fullest
extent possible; and
(ii) makes it possible for the people
receiving the services to access
community resources that are not
specifically intended for people with
disabilities and to have the same
opportunity to participate in the
community as people who do not have a
disability; and
(F) provided in multiple locations to allow
the individual receiving the services to have
options, thereby--
(i) optimizing individual initiative,
autonomy, and independence; and
(ii) facilitating choice regarding
services and supports, and choice
regarding the provider of such
services.
(4) People with disabilities.--The term ``people with
disabilities'' includes individuals described in
section 14(c)(1) of the Fair Labor Standards Act of
1938 (29 U.S.C. 214(c)(1)).
(5) State.--The term ``State'' has the meaning given
the term in section 3 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203)).
PART 4--RECRUITMENT, EDUCATION AND TRAINING, RETENTION, AND CAREER
ADVANCEMENTS FOR THE DIRECT CARE WORKFORCE
SEC. 22301. DEFINITIONS.
In this part:
(1) Cte definitions.--The terms ``evidence-based''
and ``work-based learning'' have the meanings given
such terms in section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2302).
(2) Wioa definitions.--The terms ``career pathway'',
``career planning'', ``individual with a barrier to
employment'', ``local board'', ``older individual'',
``on-the-job training'', ``recognized postsecondary
credential'', and ``State board'' have the meanings
given such terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(3) Other definitions.--
(A) Career and technical education school.--
The term ``career and technical education
school'' has the meaning given the term
``eligible recipient'' in section 3 of the 3 of
the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302).
(B) Direct care worker.--The term ``direct
care worker'' means--
(i) a direct support professional;
(ii) any worker who provides direct
care services in home or community-
based setting;
(iii) a respite care provider who
provides short-term support and care to
an individual in order to provide
relief to a family caregiver;
(iv) a palliative care worker;
(v) a direct care worker, as defined
in section 799B of the Public Health
Service Act (42 U.S.C. 795p); or
(vi) an individual in any other
position or job related to those
described in clauses (i) through (vi),
as determined by the Secretary in
consultation with the Secretary of
Health and Human Services acting
through the Administrator for the
Administration for Community Living.
(C) Eligible entity.--The term ``eligible
entity'' means an entity that is--
(i) a State;
(ii) a labor organization, a joint
labor-management organization, or a
Multi-Employer Training and Education
Fund;
(iii) a nonprofit organization with
experience in aging, disability,
supporting the rights and interests of
direct care workers, or training or
educating direct care workers;
(iv) an Indian Tribe or Tribal
organization (as defined in section 4
of the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5304));
(v) an urban Indian organization (as
defined in section 4 of the Indian
Health Care Improvement Act (25 U.S.C.
1603));
(vi) a State board or local board;
(vii) an area agency on aging (as
defined in section 102 of the Older
Americans Act of 1965 (42 U.S.C.
3002));
(viii) when in partnership with an
entity described in any of clauses (i)
through (vii)--
(I) an institution of higher
education (as defined in
section 101 of the Higher
Education Act of 1965 (20
U.S.C. 1001) or section
102(a)(1)(B) of such Act (20
U.S.C. 1002(a)(1)(B))); or
(II) a career and technical
education school; or
(ix) a consortium of entities listed
in any of clauses (i) through (vii).
(D) Family caregiver.--The term ``family
caregiver'' means a paid or unpaid adult family
member or other individual who has a
significant relationship with, and who provides
a broad range of assistance to, an individual
with a chronic or other health condition,
disability, or functional limitation.
(E) Home and community-based services.--The
term ``home and community-based services'' has
the meaning given such term in section
9817(a)(2) of the American Rescue Plan Act of
2021 (Public Law 117-2).
(F) Person with a disability.--The term
``person with a disability'' means an
individual with a disability as defined in
section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(G) Pre-apprenticeship program.--The term
``pre-apprenticeship program'' means a program
that articulates to a registered apprenticeship
program.
(H) Registered apprenticeship program.--The
term ``registered apprenticeship program''
means an apprenticeship program registered
under the Act of August 16, 1937 (commonly
known as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.).
(I) Secretary.--The term ``Secretary'' means
the Secretary of Labor.
(J) State.--The term ``State'' means each of
the 50 States of the United States, the
District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United
States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands.
SEC. 22302. GRANTS TO SUPPORT THE DIRECT CARE WORKFORCE.
(a) Grants Authorized.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,480,000,000, to remain available until
September 30, 2031, for awarding, on a competitive basis,
grants to eligible entities to carry out the activities
described in subsection (c) with respect to direct care
workers.
(b) Applications; Award Basis.--
(1) Applications.--
(A) In general.--An eligible entity seeking a
grant under subsection (a) shall submit to the
Secretary an application at such time, in such
manner, and containing such information as the
Secretary, in coordination with the Secretary
of Health and Human Services acting through the
Administrator of the Administration for
Community Living, may require.
(B) Contents.--Each application under
subparagraph (A) shall include--
(i) a description of the type or
types of direct care workers the entity
plans to serve through the activities
supported by the grant;
(ii) a description of the one or more
eligible partnering entities
collaborating to carry out the
activities described in subsection (c);
(iii) an assurance that--
(I) the eligible entity will
establish a consultative
process, as described in
subsection (c)(2); and
(II) the eligible entity will
consult on the implementation
of the grant, or coordinate the
activities of the grant, with
the agencies in the State that
are responsible for
developmental disability
services, aging, education,
workforce development, and
Medicaid, to the extent that
each such entity is not the
eligible entity; and
(iv) a plan for ensuring that the
eligible entity will remain neutral in
any organizing effort involving direct
care workers served by the grant who
seek to form, join, or assist a labor
organization.
(2) Consideration.--In awarding grants under
subsection (a), the Secretary, in coordination with the
Secretary of Health and Human services acting through
the Administrator of the Administration for Community
Living, shall ensure equitable geographic diversity in
distribution of the grants, including by selecting
recipients in rural areas and selecting recipients in
urban areas.
(3) Duration of grants.--A grant awarded under this
section shall be for a period of 3 years, and may be
renewed. The Secretary, in coordination with the
Secretary of Health and Human Services acting through
the Administrator of the Administration for Community
Living, shall award grants (including any renewals)
under this section in 3-year cycles subject to the
limits set forth in subsection (a).
(c) Use of Funds.--
(1) In general.--
(A) Required use of funds.--Each eligible
entity receiving a grant under subsection (a)
shall use the grant funds to provide
competitive wages, benefits, and other
supportive services, including transportation,
child care, dependent care, workplace
accommodations, and workplace health and safety
protections, to the direct care workers served
by the grant that are necessary to enable such
workers to participate in the activities
supported by the grant.
(B) Additional activities.--In addition to
the requirement described in subparagraph (A),
each eligible entity receiving a grant under
subsection (a) shall use the grant funds for
one or more of the following activities:
(i) Developing and implementing a
strategy for the recruitment of direct
care workers.
(ii) Developing and implementing a
strategy for the retention of direct
care workers using evidence-based best
practices, such as providing mentoring
to such workers.
(iii) Developing or implementing an
education and training program for the
direct care workers served by the
grant, which shall include--
(I) education and training
on--
(aa) the rights of
direct care workers
under applicable
Federal, State, or
local employment law
on--
(AA) wages
and hours,
including under
the Fair Labor
Standards Act
of 1938 (29
U.S.C. 201 et
seq.);
(BB) safe
working
conditions,
including under
the
Occupational
Safety and
Health Act of
1970 (29 U.S.C.
651 et seq.);
(CC) forming,
joining, or
assisting a
labor
organization,
including under
the National
Labor Relations
Act (29 U.S.C.
153 et seq.);
and
(DD) other
applicable
terms and
conditions of
employment; and
(bb) relevant Federal
and State laws
(including regulations)
on the provision of
home and community-
based services; and
(II) providing a
progressively increasing,
clearly defined schedule of
hourly wages to be paid to each
direct care worker served by
the grant for each hour the
worker spends on education or
training provided through the
program described in this
clause, with a schedule of
hourly wages that--
(aa) is consistent
with measurable skill
gains or attainment of
a recognized
postsecondary
credential received as
a result of
participation in or
completion of such
education or training
program; and
(bb) ensures that
each such worker is
compensated for each
hour the worker spends
on education or
training through such
program at an entry
rate that is not less
than the greater of the
applicable minimum wage
required by other
applicable Federal,
State, or local law, or
a collective bargaining
agreement;
(III) developing and
implementing a strategy for the
retention and career
advancement of the direct care
workers served by the grant,
including providing career
planning for the direct care
workers served by the grant to
support the identification of
advancement opportunities, and
career pathways in the direct
care or home care sectors; and
(IV) using evidence-based
models and standards for
achievement for the attainment
of any associated recognized
postsecondary credentials,
which include--
(aa) supporting
opportunities to
participate in pre-
apprenticeship or
registered
apprenticeship
programs, work-based
learning, or on-the-job
training;
(bb) providing on-
the-job supervision or
mentoring to support
the development of
related skills and
competencies throughout
completion of such
credentials; and
(cc) training on the
in-demand skills and
competencies of direct
care workers served by
the grant, including
the provision of
culturally competent
and disability
competent supports and
services.
(2) Consultation.--Each eligible entity receiving a
grant under this section shall consult in the
development and implementation of the grant with--
(A) individuals with disabilities;
(B) older individuals;
(C) direct care workers;
(D) family caregivers, guardians, or family
members; or
(E) representatives of--
(i) organizations representing the
rights and interests of people
receiving home and community-based
services;
(ii) provider agencies or employers
of direct care workers served by the
grant;
(iii) labor or joint labor-management
organizations, or advocacy
organizations, representing direct care
workers served by the grant; or
(iv) institutions of higher education
or career and technical education
schools providing education and
training on direct care.
(d) Supplement and Not Supplant.--An eligible entity
receiving a grant under this section shall use such grant only
to supplement, and not supplant, the amount of funds that, in
the absence of such grant, would be available to the eligible
entity to address the recruitment, education and training,
retention, or career advancement of direct care workers in the
State served by the grant.
PART 5--WORKFORCE DEVELOPMENT PROGRAMS IN SUPPORT OF COMMUNITIES AND
THE ENVIRONMENT
SEC. 22401. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.
(a) In General.--
(1) Americorps state and national programs.--
(A) In general.--In addition to amounts
otherwise made available, there is appropriated
for fiscal year 2023, out of any money in the
Treasury not otherwise appropriated, to the
Corporation for National and Community Service,
$1,305,000,000, to remain available until
September 30, 2027, for carrying out national
service programs authorized under section
122(a)(3)(B) of the National and Community
Service Act of 1990 (42 U.S.C. 12572(a)(3)(B))
which shall be used to make funding adjustments
to existing (as of the date of enactment of
this Act) awards and make new awards to
entities to support national service programs
authorized under the AmeriCorps State and
National program (whether or not the entities
are already grant recipients under such
provisions on the date of enactment of this
Act) and to increase the living allowances of
participants in national service programs.
(B) Waiver of matching requirement.--For the
purposes of carrying out this subparagraph, the
Corporation shall waive any match requirement
in whole or in part where a grantee
demonstrates such waiver would increase access
and remove barriers for organizations that
serve communities that are adversely affected
by persistent poverty, discrimination, or
inequality.
(2) National civilian community corps.--In addition
to amounts otherwise made available, there is
appropriated for fiscal year 2023, out of any money in
the Treasury not otherwise appropriated, to the
Corporation for National and Community Service,
$80,000,000, to remain available until September 30,
2027, for carrying out the National Civilian Community
Corps authorized under section 152 of the National and
Community Service Act of 1990 (42 U.S.C. 12612).
(3) Volunteers in service to america program.--In
addition to amounts otherwise made available, there is
appropriated for fiscal year 2023, out of any money in
the Treasury not otherwise appropriated, to the
Corporation for National and Community Service,
$100,000,000, to remain available until September 30,
2027, for carrying out the Volunteers in Service to
America (VISTA) program for the purposes described in
section 101 of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4951), including to increase the living
allowances of volunteers, described in section 105(b)
of such Act (42 U.S.C. 4955).
(4) State commissions.--In addition to amounts
otherwise made available, there is appropriated for
fiscal year 2023, out of any money in the Treasury not
otherwise appropriated, to the Corporation for National
and Community Service, $40,000,000, to remain available
until September 30, 2027, to make adjustments to
existing (as of the date of enactment of this Act)
awards and new and additional awards, including awards
to State Commissions on National and Community Service,
under section 126(a) of the National and Community
Service Act of 1990 (42 U.S.C. 12576(a)).
(5) Use of funds.--Amounts made available under
paragraphs (1) through (4) shall be used by the
Corporation for National and Community Service to carry
out activities described in section 122(a)(3)(B) of the
National and Community Service Act of 1990 (42 U.S.C.
12572(a)(3)(B)) and for activities related to
environmental resiliency, remediation, or mitigation
by--
(A) ensuring at least 50 percent of such
funds are awarded to entities that serve, and
have representation from, low-income
communities, Tribal, Alaska Native, or Native
Hawaiian communities, or communities
experiencing (or at risk of experiencing)
adverse health and environmental conditions;
(B) taking into account the diversity of
communities served by such entities and the
diversity of AmeriCorps members serving in
these projects, including racial, ethnic,
socioeconomic, linguistic, or geographic
diversity, and utilizing culturally competent
and multilingual strategies in the provision of
services to communities and in the recruitment
of members;
(C) supporting projects that are planned and
implemented with the community served by such
activities;
(D) providing participants with workforce
development opportunities such as pre-
apprenticeship programs that articulate to
registered apprenticeships, and pathways to
post-service employment in high-quality jobs or
registered apprenticeships; and
(E) coordinating with and providing resources
to the Departments of Labor and Education to
improve the readiness of participants to
transition to high-quality jobs or further
education.
(b) Administrative Costs.--
(1) In general.--In addition to amounts otherwise
made available, there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, to the Corporation for National and
Community Service, $199,650,000, to remain available
until September 30, 2027, which shall be used for
administrative expenses as provided under section
501(a)(5) of the National and Community Service Act of
1990 (42 U.S.C. 12681(a)(5)) and under section 504(a)
of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5084(a)), including an evaluation of the
Corporation's information technology security,
corrective actions to address recommendations arising
from audits of the agency and the National Service
Trust, and, in consultation with the Inspector General,
the development of grant fraud prevention and detection
controls and risk-based anti-fraud grant monitoring.
Not less than 5 percent of funds under this paragraph
shall be reserved for outreach to and recruitment of
members from communities traditionally underrepresented
in the programs and activities funded under this
section.
(2) Project, operations, and management plan.--In
addition to amounts otherwise made available, there is
appropriated for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, to the
Corporation for National and Community Service,
$350,000, to remain available until September 30, 2023,
which shall be used by the Chief Executive Officer of
the Corporation for National and Community Service in
collaboration with the Department of Labor, to develop,
issue, and implement a project, operations, and
management plan for funds appropriated under this
section. In developing the financial management portion
of the plan, the Chief Executive Officer shall consult
with the Inspector General. Such plan shall be provided
to the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate prior to obligating
funds or making outlays for funds appropriated under
subsection (a).
(c) Office of Inspector General.--In addition to amounts
otherwise made available, there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, to the Office of Inspector General of the
Corporation for National and Community Service, $15,000,000 to
remain available until September 30, 2030, which shall be used
by the Office of Inspector General of the Corporation for
National and Community Service for salaries and expenses
necessary for oversight and audit of programs, activities and
operations funded under this section.
(d) National Service Trust.--In addition to amounts otherwise
made available, there is appropriated for fiscal year 2023, out
of any money in the Treasury not otherwise appropriated, to the
National Service Trust, $260,000,000, to remain available until
expended, for--
(1) administration of the National Service Trust; and
(2) payment to the Trust for the provision of
educational awards pursuant to section 145(a)(1)(A) and
section 148 of the National and Community Service Act
of 1990 (42 U.S.C. 12601(a)(1)(A); 12604).
SEC. 22402. DEPARTMENT OF LABOR.
(a) In General.--
(1) Youthbuild program.--In addition to amounts
otherwise made available, there is appropriated for
fiscal year 2023, out of any money in the Treasury not
otherwise appropriated, to the Department of Labor,
$250,000,000, to remain available until September 30,
2027, except that no amounts may be expended after
September 30, 2031, for the YouthBuild program
authorized under section 171(c)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3226(c)(1)),
including for the purposes of improving and expanding
access to services, stipends, wages, and benefits
described in subsections (c)(2)(A)(vii) and (c)(2)(F)
of section 171 of such Act.
(2) Job corps program.--In addition to amounts
otherwise made available, there is appropriated for
fiscal year 2023, out of any money in the Treasury not
otherwise appropriated, to the Department of Labor,
$500,000,000, to remain available until September 30,
2030, except that no amounts may be expended after
September 30, 2031, for the Job Corps program
authorized under section 143 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3193 et
seq.), including Civilian Conservation Centers as
described in section 147(d)(1) of such Act (29 U.S.C.
3197) and for the purposes of improving and expanding
access to allowances and supports described in section
150 of such Act (29 U.S.C. 3200).
(3) Ex-offender activities.--In addition to amounts
otherwise made available, there is appropriated for
fiscal year 2023, out of any money in the Treasury not
otherwise appropriated, to the Department of Labor,
$500,000,000, to remain available until September 30,
2027, except that no amounts may be expended after
September 30, 2031, for ex-offender activities under
the authority of section 169(b)(5) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3224(b)(5)).
(4) Apprenticeship programs.--In addition to amounts
otherwise made available, there is appropriated for
fiscal year 2023, out of any money in the Treasury not
otherwise appropriated, to the Department of Labor,
$1,000,000,000, to remain available until September 30,
2027, except that no amounts may be expended after
September 30, 2031, to carry out activities through
grants, cooperative agreements, contracts or other
arrangements, with States and other appropriate
entities, including equity intermediaries and business
and labor industry partner intermediaries, to create or
expand only apprenticeship programs registered under
the Act of August 16, 1937 (commonly known as the
``National Apprenticeship Act''; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.), youth apprenticeship
programs, and pre-apprenticeship programs articulating
to apprenticeship programs registered under such Act.
(5) Paid youth employment activities.--In addition to
amounts otherwise made available, there is appropriated
for fiscal year 2023, out of any money in the Treasury
not otherwise appropriated, to the Department of Labor,
$249,800,000, to remain available until September 30,
2030, except that no amounts may be expended after
September 30, 2031, for paid youth employment
activities under the authority of section 169(b)(5) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3224(b)(5)) for in-school and out-of-school youth as
defined in section 3 of such Act (29 U.S.C. 3102).
(b) Use of Funds.--Amounts made available under paragraphs
(1) through (8) of subsection (a) shall be used for activities
to include training for careers in industry sectors and
occupations related to environmental resiliency, remediation,
or mitigation and activities to increase diversity within such
industry sectors and occupations, taking into account the
diversity of communities and participants served by such
programs, including racial, ethnic, socioeconomic, linguistic,
or geographic diversity.
(c) Project, Operations, and Management Plan.--In addition to
amounts otherwise made available, there is appropriated for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, to the Department of Labor, $200,000,
to remain available until September 30, 2023, which shall be
used by the Secretary of Labor in collaboration with the Chief
Executive Officer of the Corporation for National and Community
Service, to develop and issue a project, operations, and
management plan for funds appropriated under this section. Such
plan shall be provided to the Committee on Education and Labor
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate prior to
obligating funds or making outlays for funds appropriated under
subsection (a).
PART 6--DEPARTMENT OF LABOR INSPECTOR GENERAL FUNDING
SEC. 22501. DEPARTMENT OF LABOR INSPECTOR GENERAL FUNDING.
In addition to amounts otherwise available, there is
appropriated to the Office of Inspector General of the
Department of Labor for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $100,000,000, to
remain available until expended for salaries and expenses
necessary for oversight, investigations, and audits of
programs, grants, and projects of the Department of Labor
funded under this subtitle and subtitle B of this title.
Subtitle D--Child Care and Universal Pre-Kindergarten
SEC. 23001. BIRTH THROUGH FIVE CHILD CARE AND EARLY LEARNING
ENTITLEMENT.
(a) Short Title.--This section may be cited as the ``Birth
Through Five Child Care and Early Learning Entitlement Act''.
(b) Definitions.--
(1) In general.--The definitions in section 658P of
the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858n) shall apply to this section, except
as provided in subparagraph (2) and as otherwise
specified.
(2) Additional terms.--In this section:
(A) Child care certificate.--
(i) In general.--The term ``child
care certificate'' means a certificate
(that may be a check or other
disbursement) that is issued by a State
or local government under this section
directly to a parent who may use such
certificate only as payment for child
care services or as a deposit for child
care services if such a deposit is
required of other children being cared
for by the provider.
(ii) Rule.--Nothing in this section
shall preclude the use of such
certificates for sectarian child care
services if freely chosen by the
parent. For the purposes of this
section, child care certificates shall
be considered Federal financial
assistance to the provider.
(B) Child experiencing homelessness.--The
term ``child experiencing homelessness'' means
an individual who is a homeless child or youth
under section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a).
(C) Eligible activity.--The term ``eligible
activity'', with respect to a parent, shall
include, at minimum, activities consisting of--
(i) full-time or part-time
employment;
(ii) self-employment;
(iii) job search activities;
(iv) job training;
(v) secondary, postsecondary, or
adult education, including education
through a program of high school
classes, a course of study at an
institution of higher education,
classes towards an equivalent of a high
school diploma recognized by State law,
or English as a second language
classes;
(vi) health treatment (including
mental health and substance use
treatment) for a condition that
prevents the parent from participating
in other eligible activities;
(vii) activities to prevent child
abuse and neglect, or family violence
prevention or intervention activities;
(viii) employment and training
activities under the supplemental
nutrition assistance program
established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
(ix) employment and training
activities under the Workforce
Innovation and Opportunity Act (29
U.S.C. 3101)
(x) work activities under the program
of block grants to States for temporary
assistance for needy families under
part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
and
(xi) taking leave under the Family
and Medical Leave Act of 1993 (29
U.S.C. 2601 et seq.) (or equivalent
provisions for Federal employees), a
State or local paid or unpaid leave
law, or a program of employer-provided
leave.
(D) Eligible child.--The term ``eligible
child'' means an individual (without regard to
the immigration status of the individual or of
any parent of the individual)--
(i) who is less than 6 years of age;
(ii) who is not yet in kindergarten;
(iii) whose family income--
(I) does not exceed 100
percent of the State median
income for a family of the same
size for fiscal year 2022;
(II) does not exceed 115
percent of such State median
income for fiscal year 2023;
(III) does not exceed 130
percent of such State median
income for fiscal year 2024;
and
(IV) for each of the fiscal
years 2025 through 2027, is of
any level;
(iv) whose family assets do not
exceed $1,000,000 (as certified by a
member of such family); and
(v) who--
(I) resides with a parent
participating in an eligible
activity;
(II) is included in a
population of vulnerable
children identified by the lead
agency involved, which at a
minimum shall include children
experiencing homelessness,
children in foster care,
children in kinship care, and
children who are receiving, or
need to receive, child
protective services; or
(III) resides with a parent
who is more than 65 years of
age.
(E) Eligible child care provider.--
(i) In general.--The term ``eligible
child care provider'' means a center-
based child care provider, a family
child care provider, or other provider
of child care services for compensation
that--
(I) is licensed to provide
child care services under State
law;
(II) participates in the
State's tiered system for
measuring the quality of child
care providers described in
subsection(f)(4)(B)--
(aa) not later than
the last day of the
third fiscal year for
which the State
receives funds under
this section; and
(bb) for the
remainder of the period
for which the provider
receives funds under
this section; and
(III) satisfies the State and
local requirements applicable
to eligible child care
providers under the Child Care
and Development Block Grant Act
of 1990 (42 U.S.C. 9857 et
seq.), including those
requirements described in
section 658E(c)(2)(I) of such
Act (42 U.S.C. 9858c(c)(2)(I)).
(ii) Special rule.--A child care
provider who has been eligible to
provide child care services in a State
for children receiving assistance under
the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et
seq.) on the date the State submits an
application for funds under this
section and remains in good standing
with the State, shall be deemed to be
an eligible child care provider under
this section for 3 years after the
State receives funding under this
section.
(F) FMAP.--The term ``FMAP'' has the meaning
given the term ``Federal medical assistance
percentage'' in the first sentence of section
1905(b) of the Social Security Act (42 U.S.C.
1396d(b)).
(G) Family child care provider.--Family child
care provider means one or more individuals who
provide child care services less than 24 hours
per day per child, in a private residence other
than the residences of the children, unless
care for 24 hours is provided due to the nature
of the parent(s)' work.
(H) Inclusive care.--The term ``inclusive'',
with respect to care (including child care),
means care provided by an eligible child care
provider--
(i) for whom the percentage of
children served by the provider who are
children with disabilities or infants
or toddlers with disabilities reflects
the prevalence of children with
disabilities and infants and toddlers
with disabilities (whichever the
provider serves) among children within
the State involved; and
(ii) that provides care and full
participation for children with
disabilities and infants and toddlers
with disabilities (whichever the
provider serves) alongside children who
are--
(I) not children with
disabilities; and
(II) not infants and toddlers
with disabilities.
(I) Infant or toddler.--The term ``infant or
toddler'' means an individual who is less than
3 years of age.
(J) Infant or toddler with a disability.--The
term ``infant or toddler with a disability''
has the meaning given the term in section 632
of the Individuals with Disabilities Education
Act (20 U.S.C. 1432).
(K) Lead agency.--The term ``lead agency''
means the agency designated or established
under subsection (e).
(L) State.--The term ``State'' means any of
the 50 States and the District of Columbia.
(M) Territory.--The term ``territory'' means
the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands.
(N) Tribal organization.--The term ``Tribal
organization'' has the meaning given the term
in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(O) Urban indian organization.--The term
``Urban Indian organization'' has the meaning
given the term in section 4 of the Indian
Health Care Improvement Act (25 U.S.C. 1603).
(c) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Department of
Health and Human Services, out of any money in the
Treasury not otherwise appropriated, for carrying out
this section--
(A) $20,000,000,000 for fiscal year 2022, to
remain available until September 30, 2025,
(B) $30,000,000,000 for fiscal year 2023, to
remain available until September 30, 2026
(C) $40,000,000,000 for fiscal year 2024, to
remain available until September 30, 2027;
(D) such sums as may be necessary for each of
fiscal years 2025 through 2027, to remain
available for one fiscal year.
(2) Administration.--
(A) Fiscal years 2022 through 2024.--In
addition to amounts otherwise available, there
is appropriated to the Department of Health and
Human Services, out of any money in the
Treasury not otherwise appropriated,
$130,000,000 for each of fiscal years 2022,
2023, and 2024, to carry out subsection (k).
Amounts appropriated by the preceding sentence
shall be available for one fiscal year.
(B) Fiscal years 2025 through 2027.--From the
amounts appropriated under subsection (a), the
Secretary shall reserve, to carry out
subsection (k), up to 1 percent of such amounts
for each of fiscal years 2025, 2026, and 2027,
which shall be in addition to amounts otherwise
available for this purpose. Amounts
appropriated by the preceding sentence shall be
available for one fiscal year.
(d) Establishment of Birth Through Five Child Care and Early
Learning Entitlement Program.--
(1) In general.--The Secretary is authorized to
administer a child care and early learning entitlement
program under which families, in States, territories,
and Indian Tribes with an approved application under
subsection (f) or (g), shall be provided an opportunity
to obtain high-quality child care services for eligible
children, subject to the requirements of this section.
(2) Assistance for every eligible child.--Beginning
on October 1, 2024, every family who applies for
assistance under this section with respect to a child
in a State with an approved application under
subsection (g), or in a territory or Indian tribe with
an approved application under subsection (f), and who
is determined, by a lead agency (or other entity
designated by a lead agency) following standards and
procedures established by the Secretary by rule, to be
an eligible child, shall be offered child care
assistance in accordance with and subject to the
requirements and limitations of this section.
(e) Lead Agency.--The Governor of a State or the head of a
territory or Indian tribe, desiring to receive assistance under
this section shall designate an agency (which may be an
appropriate collaborative agency), or establish a joint
interagency office--
(1) to serve as the lead agency for the State,
territory, or Indian tribe under this section; and
(2) to administer, directly or through other
governmental or nongovernmental agencies of the State,
territory or Indian tribe the financial assistance
received under this section by the State, territory, or
Indian tribe, including by certifying the eligibility
of children.
(f) Applications and State Plans.--
(1) Application.--To be eligible to receive
assistance under this section, a State shall prepare
and submit to the Secretary for approval an application
at such time, in such manner, and containing a State
plan that--
(A) for a transitional State plan, meets the
requirements under subsection (c) and contains
such information as the Secretary may require,
to demonstrate the State will meet the
requirements of this section; and
(B) for a full State plan, meets the
requirements under subsection (d) and contains
that information.
(2) Period covered by plan.--A State plan contained
in the application shall be designed to be
implemented--
(A) for a transitional State plan, during a
1-year period; and
(B) for a full State plan, during a 3-year
period.
(3) Requirements for transitional state plans.--For a
period of 1 year following the date of enactment of
this Act, the Secretary shall award funds under this
section to States with an approved application that
contains a transitional State plan, submitted under
paragraph (1)(A) that includes, at a minimum--
(A) an assurance that the State will submit a
State plan under paragraph (4); and
(B) a description of how the funds received
by the State under this section will be spent
to expand access to child care assistance and
increase the supply and quality of child care
providers within the State, in alignment with
the requirements of this section.
(4) Requirements for full state plans.--The Secretary
may award funds under this section to States with an
approved application that contains a subsequent State
plan, submitted under subsection (a)(2), that includes,
at a minimum, the following:
(A) Payment rates and cost estimation.--
(i) Payment rates.--The State plan
shall certify that payment rates for
the provision of child care services
for which assistance is provided in
accordance with this section for the
period covered by the plan, within 3
years after the State receives funds
under this section--
(I) will be sufficient to
meet the cost of child care,
and set in accordance with a
cost estimation model or cost
study described in clause (ii)
that is approved by the
Secretary; and
(II) will correspond to
differences in quality
(including improved quality)
based on the State's tiered
system for measuring the
quality of eligible child care
providers described in
subparagraph (B).
(ii) Cost estimation.--Such State
plan shall--
(I) demonstrate that the
State has, after consulting
with relevant entities and
stakeholders, developed and
uses a statistically valid and
reliable cost estimation model
or cost study for the payment
rates of child care services in
the State that reflect rates
for providers at each of the
tiers of the State's tiered
system for measuring the
quality of child care providers
described in subparagraph (B),
and variations in the cost of
child care services by
geographic area, type of
provider, and age of child, and
the additional costs associated
with providing inclusive child
care services; and
(II) certify that the State's
payment rates for child care
services for which assistance
is provided in accordance with
this section--
(aa) are set in
accordance with the
most recent estimates
from the most recent
cost estimation model
or cost study under
subclause (I), so that
providers at each tier
of the tiered system
for measuring provider
quality described in
subparagraph (B)
receive a payment that
is sufficient to meet
the requirements of
such tier;
(bb) are set so as to
provide payments to
providers not at the
top tier of the tiered
system that are
sufficient to enable
the providers to
increase quality to
meet the requirements
for the next tier;
(cc) ensure adequate
wages for staff of
child care providers
providing such child
care services that--
(AA) at a
minimum,
provide a
living wage for
all staff of
such child care
providers; and
(BB) are
equivalent to
wages for
elementary
educators with
similar
credentials and
experience in
the State; and
(dd) are adjusted on
an annual basis for
cost of living
increases to ensure
those payment rates
remain sufficient to
meet the requirements
of this section.
(iii) Payment practices.--Such State
plan shall include an assurance that
the State will implement payment
practices that support the fixed costs
of providing child care services.
(B) Tiered system for measuring the quality
of child care providers.--Such State plan shall
certify that the State has implemented, or
assure that the State will implement within 3
years after receiving funds under this section,
a tiered system for measuring the quality of
eligible child care providers who provide child
care services for which assistance is made
available under this section. Such tiered
system shall--
(i) include a set of standards, for
determining the tier of quality of a
child care provider, that--
(I) uses standards for a
highest tier that at a minimum
are equivalent to Head Start
program performance standards
described in section
641A(a)(1)(B) of the Head Start
Act (42 U.S.C. 9836a(a)(1)(B))
or other equivalent evidence-
based standards approved by the
Secretary; and
(II) includes quality
indicators and thresholds that
are appropriate for child
development in different types
of child care provider
settings, including child care
centers and the settings of
family child care providers,
and are appropriate for
providers serving different age
groups (including mixed age
groups) of children;
(ii) include a different set of
standards that includes indicators,
when appropriate, for care during
nontraditional hours of operation; and
(iii) provide for sufficient
resources and supports for child care
providers at tiers lower than the
highest tier to facilitate progression
toward higher quality standards.
(C) Achieving high quality for all
children.--Such State plan shall certify the
State has implemented, or will implement within
3 years of receiving funds under this section,
policies and financing practices that will
ensure all families of eligible children can
choose for the children to attend child care at
the highest quality tier within 6 years after
the date of enactment of this Act.
(D) Compensation.--Such plan shall provide a
certification that the State has or will have
within 3 years after receiving funds under this
section, a wage ladder for staff of eligible
child care providers receiving assistance under
this section, including a certification that
wages for such staff, at a minimum, will meet
the requirements of subparagraph
(A)(ii)(II)(cc).
(E) Sliding fee scale for copayments.--
(i) In general.--Except as provided
in clauses (ii)(I) and (iii), the State
plan shall provide an assurance that
the State will for the period covered
by the plan use a sliding fee scale
described in clause (ii) to determine a
copayment for a family receiving
assistance under this section (or, for
a family receiving part-time care, a
reduced copayment that is the
proportionate amount of the full
copayment).
(ii) Sliding fee scale.--A full
copayment described in clause (i) shall
use a sliding fee scale that provides
that, for a family with a family
income--
(I) of not more than 75
percent of State median income
for a family of the same size,
the family shall not pay a
copayment, toward the cost of
the child care involved for all
eligible children in the
family;
(II) of more than 75 percent
but not more than 100 percent
of State median income for a
family of the same size, the
copayment shall be more than 0
but not more than 2 percent of
that family income, toward such
cost for all such children;
(III) of more than 100
percent but not more than 125
percent of State median income
for a family of the same size,
the copayment shall be more
than 2 but not more than 4
percent of that family income,
toward such cost for all such
children;
(IV) of more than 125 percent
but not more than 150 percent
of State median income for a
family of the same size, the
copayment shall be more than 4
but not more than 7 percent of
that family income, toward such
cost for all such children; and
(V) of more than 150 percent
of the State median income for
a family of the same size, the
copayment shall be 7 percent of
that family income, toward such
cost for all such children.
(iii) Special rules.--The State shall
not require a copayment under this
subparagraph for any eligible child of
a family with a child that is eligible
for a Head Start program under the Head
Start Act (42 U.S.C. 9831 et seq.), or
a child who has been identified as a
member of a population listed in
subsection (b)(2)(D)(v)((II). A State
or another entity may pay a copayment
(full or reduced) under this
subparagraph on behalf of a family, but
may not receive Federal reimbursement
under this section for such payment.
(F) Prohibition on charging more than
copayment.--The State plan shall certify that
the State shall not permit a child care
provider receiving financial assistance under
this section to charge, for child care for an
eligible child, more than the total of--
(i) the financial assistance provided
for the child under this section; and
(ii) any applicable copayment
pursuant to subparagraph (E).
(G) Eligibility.--The State plan shall assure
that each child who receives assistance under
this section will be considered to meet all
eligibility requirements for such assistance,
and will receive such assistance, for not less
than 24 months, and the child's eligibility
determination and redetermination, including
any determination based on the State's
definition of eligible activities, shall be
implemented in such a manner that supports
child well-being and reduces barriers to
enrollment, including continuity of services.
(H) Policies to support access to child care
for underserved populations.--The State plan
shall assure that the State will prioritize
increasing access to, and the quality and the
supply of, child care in the State for
underserved populations, including at a
minimum, low-income children, children in
underserved areas, infants and toddlers,
children with disabilities and infants and
toddlers with disabilities, children who are
dual language learners, and children who
receive care during nontraditional hours.
(I) Policies.--The State plan shall include a
certification that the State will apply, under
this section, the policies and procedures
described in subparagraphs (A), (B), (I), (J),
(K)(i), (R), and (U) of section 658E(c)(2) of
the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858c(c)(2)), and the
policies and procedures described in section
658H of such Act, to child care services
provided under this section.
(J) Licensing.--The State plan shall include
an assurance that the State has or will develop
within 3 years after receiving funds under this
section, licensing standards for child care
providers and a pathway to such licensure that
is available to and appropriate for child care
providers in a variety of settings, to ensure
providers eligible under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9857 et seq.), have a pathway to become
eligible providers under this section.
(K) Reports.--The State plan shall include an
agreement to provide to the Secretary such
periodic reports, providing a detailed
accounting of the uses of such funds received
under this section, as the Secretary may
require for the administration of this section.
(g) Payments.--
(1) Transition payments for fiscal years 2022 through
2024.--
(A) Reservations and allotments.--
(i) In general.--For each of fiscal
years 2022 through 2024, the Secretary
shall, from the amount appropriated
under subsection (c)(1)(A) for each
such fiscal year--
(I) reserve not less than 4
percent for Indian Tribes,
Tribal organizations, and Urban
Indian organizations for child
care assistance;
(II) reserve not less than
0.5 of 1 percent for Guam,
American Samoa, the
Commonwealth of the Northern
Mariana Islands, and the United
States Virgin Islands for child
care assistance; and
(III) from the amount so
appropriated and not reserved
under subclauses (I) and (II),
make allotments to each State
in the same manner as the
Secretary makes such allotments
using the formula under section
658O(b) of the Child Care and
Development Block Grant Act of
1990 (42 U.S.C. 9858n(b)).
(IV) $9,600,000,000 for each
of the fiscal years 2022
through 2027 to carry out the
program of grants to localities
in subsection (i).
(ii) Definition.--For purposes of
this paragraph, the term ``State''
means the 50 States, the District of
Columbia, and the Commonwealth of
Puerto Rico.
(B) Payments.--
(i) Indian tribes, tribal
organizations, and urban indian
organizations.--
(I) In general.--For each of
fiscal years 2022 through 2024,
from the amount reserved for
Indian Tribes, Tribal
organizations, and Urban Indian
organizations under
subparagraph (A)(i)(I), the
Secretary shall make payments
to Indian Tribes, Tribal
organizations, and Urban Indian
organizations, and the Tribes,
Tribal organizations, and
Indian organizations shall be
entitled to such payments, for
carrying out programs or
activities consistent with the
objectives of this section.
(II) Applications.--An Indian
Tribe, Tribal organization, or
Urban Indian organization
seeking a payment under clause
(ii)(II) shall submit an
application to the Secretary at
such time, in such manner, and
containing such information as
the Secretary may specify,
including the agreement
described in subsection
(f)(4)(K).
(ii) Territories.--
(I) In general.--For each of
fiscal years 2022 through 2024,
from the amount reserved for
territories under subsection
(A)(i)(II), the Secretary shall
make payments to the
territories specified in that
paragraph, and the territories
shall be entitled to such
payments, for carrying out
programs or activities
consistent with the objectives
of this section.
(II) Applications.--A
territory specified in clause
(i)(II) seeking a payment under
this clause shall submit an
application to the Secretary at
such time, in such manner, and
containing such information as
the Secretary may specify,
including the agreement
described in subsection
(f)(4)(K).
(iii) States.--For each of fiscal
years 2022 through 2024, each State
that has an application approved under
subsection (f) shall be entitled to a
payment under this clause in the amount
equal to its allotment under
subparagraph (A) for such fiscal year.
(C) Authorities.--Notwithstanding any other
provision of this paragraph, for each of fiscal
years 2022 through 2024, the Secretary shall
have the authority to reallot funds that were
allotted under subparagraph (A) from any State
without an approved application under
subsection (f) by the date required by the
Secretary, to States with approved applications
under that subsection, to Tribes with an
approved application under subparagraph
(A)(ii), and to territories with an approved
application under .
(2) Payments for fiscal years 2025 through 2027.--
(A) In general.--For each of fiscal years
2025 through 2027:
(i) Child care assistance for
eligible children.--
(I) In general.--The
Secretary shall pay to each
State with an approved
application under subsection
(f), and that State shall be
entitled to, an amount for each
quarter equal to 90 percent of
expenditures in the quarter for
child care assistance for
eligible children described
under subsection (h)(2)(B). The
Secretary shall pay to each
State with an approved
application under subsection
(f), and that State shall be
entitled to, an amount for each
quarter equal to 90 percent of
expenditures in the quarter for
the components of the child
care entitlement program
described under subsection
(h)(2)(B).
(II) Exception.--Funds
reserved from the amount under
subsection (h)(2)(C) shall be
subject to clause (ii).
(ii) Activities to improve the
quality and supply of child care
services.--The Secretary shall pay to
each State with such an approved
application, and that State shall be
entitled to, an amount for each quarter
equal to the FMAP of expenditures in
the quarter to carry out the quality
and supply building activities under
subsection (h)(2)(C) subject to the
limit specified in clause (i) of such
subsection.
(iii) Administration.--The Secretary
shall pay to each State with such an
approved application, and that State
shall be entitled to, an amount for
each quarter equal to 50 percent of
expenditures in the quarter for the
costs of administration incurred by the
State--
(I) which shall include
reasonable costs incurred by
the State in carrying out the
child care program established
in this section; and
(II) which may include, at
the option of the State, costs
associated with carrying out
requirements, policies, and
procedures described in section
658H of the Child Care and
Development Block Grant Act (42
U.S.C. 9858f).
(B) Advance payment; retrospective
adjustment.--For each of fiscal years 2025
through 2027, the Secretary may make payments
under this subsection for each quarter on the
basis of advance estimates of expenditures
submitted by the State and such other
investigation as the Secretary may find
necessary, and shall reduce or increase the
payments as necessary to adjust for any
overpayment or underpayment for previous
quarters.
(C) Flexibility in submittal of claims.--
Nothing in this subsection shall be construed
as preventing a State from claiming as
expenditures in a quarter expenditures that
were incurred in a previous quarter and not
claimed in such previous quarter.
(D) Territories and tribes.--For each of
fiscal years 2025 through 2027, the Secretary
shall make payments to territories, and Indian
tribes, tribal organizations, and Urban Indian
organizations, with applications submitted as
described in subsection (a), and approved by
the Secretary. The territories, Indian tribes,
tribal organizations, and Urban Indian
organizations shall be entitled to such
payments to carry out the activities described
in subsection (h)(2).
(h) Use of Funds.--
(1) Use of funds for transition years.--For each of
fiscal years 2022 through 2024, a State that receives a
payment under subsection (g)(1) shall reserve and use--
(A) 50 percent of such payment for activities
to--
(i) expand access to child care
assistance for eligible children (with
priority for providing access for
children in families with incomes less
than 85 percent of the State median
income); and
(ii) increase child care provider
payment rates to support the cost of
providing high-quality child care
services, including rates sufficient to
support increased wages for staff of
eligible child care providers;
(B) 25 percent of such payment for activities
described in subsection (b)(3); and
(C) 25 percent for activities under
subparagraph (A) or activities under
subparagraph (B), as determined by the State.
(2) Use of funds for fiscal years 2025 through
2027.--
(A) In general.--Starting on October 1, 2024,
a State shall use amounts provided to the State
under subsection (g)(2) for child care services
(provided on a sliding fee scale basis),
activities to improve the quality and supply of
child care services, and State administration.
(B) Child care assistance for eligible
children.--
(i) In general.--The State shall
ensure that parents of eligible
children can access child care services
provided by an eligible child care
provider through a grant or contract
under clause (ii) or a certificate
under clause (iii).
(ii) Grants and contracts.--The State
shall award grants or contracts to
eligible child care providers,
consistent with the requirements under
this section, for the provision of
child care services for eligible
children that, at minimum, support
providers' operating expenses to meet
and sustain health, safety, quality,
and wage standards required under this
section.
(iii) Certificates.--The State shall
issue a child care certificate directly
to a child care provider on behalf of a
parent who may use such certificate
only as payment for child care services
or as a deposit for child care services
if such a deposit is required of other
children being cared for by the
provider, consistent with the
requirements under this section.
(C) Activities to improve the quality and
supply of child care services.--
(i) Quality child care activities.--
(I) Amount.--For each of
fiscal years 2025 through 2027,
from the total of the annual
payments made to the State for
a particular fiscal year, the
State shall reserve and use a
quality child care amount equal
to not less than 5 percent and
not more than 10 percent of the
amount made available to the
State through such payments for
that particular fiscal year
(and shall reserve and use a
proportional amount from each
quarterly payment made to the
State for that particular
fiscal year).
(II) Use of quality child
care amount.--Each State shall
use the quality child care
amount described in subclause
(I) to implement activities
described in subparagraphs (B)
and (C) that increase the
quality and supply of eligible
child care providers, and the
number of available slots in
the State for child care
services funded under this
section, prioritizing
assistance for child care
providers who are in
underserved communities and who
are providing, or are seeking
to provide, child care services
for underserved populations
identified in subsection
(f)(4)(H).
(III) Administration.--
Assistance provided under this
subparagraph may be
administered--
(aa) directly by the
lead agency; or
(bb) through other
State government
agencies, local or
regional child care
resource and referral
organizations,
community development
financial institutions,
other intermediaries
with experience
supporting child care
providers, or other
appropriate entities
that enter into a
contract with the State
to provide such
assistance.
(ii) Activities.--Activities funded
under the quality child care amount
described in clause (i) shall include
each of the following:
(I) Startup grants and supply
expansion grants.--
(aa) In general.--
From a portion of the
quality child care
amount, a State shall
make startup and supply
expansion grants to
support child care
providers who are
providing, or seeking
to provide, child care
services to children
receiving assistance
under this section,
with priority for
providers providing or
seeking to provide
child care in
underserved communities
and for underserved
populations identified
in subsection
(f)(4)(H), to--
(AA) support
startup and
expansion
costs; and
(BB) assist
such providers
in meeting
health and
safety
requirements
and achieving
licensure.
(bb) Requirement.--As
a condition of
receiving a startup or
supply expansion grant
under this subclause, a
child care provider
shall commit to meeting
the requirements of an
eligible provider under
this section, and
providing child care
services to children
receiving assistance
under this section on
an ongoing basis.
(II) Quality grants.--From a
portion of the quality child
care amount, a State shall
provide quality grants to
eligible child care providers
providing child care services
to children receiving
assistance under this section
to improve the quality of such
providers, including--
(aa) supporting such
providers in meeting or
making progress toward
the requirements for
the highest tier of the
State's tiered system
for measuring the
quality of child care
providers under
subsection (f)(4)(B);
and
(bb) supporting such
providers in sustaining
child care quality.
(III) Facilities grants.--
(aa) In general.--
From a portion of the
quality child care
amount, a State shall
provide support,
including through
awarding facilities
grants, for remodeling,
renovation, or repair
of a building or
facility to the extent
permitted under section
658F(b) of the Child
Care and Development
Block Grant Act of 1990
(42 U.S.C. 9858).
(bb) Additional
uses.--For fiscal years
2022 through 2024, and
in subsequent years
with approval from the
Secretary, a State may
provide such facilities
grants for
construction, permanent
improvement, or major
renovation of a
building or facility
primarily used for
providing child care
services, in accordance
with the following:
(AA) Federal
interest
provisions will
not apply to
the renovation
or rebuilding
of privately-
owned family
child care
homes under
this subclause.
(BB) Eligible
child care
providers may
not use funds
for buildings
or facilities
that are used
primarily for
sectarian
instruction or
religious
worship.
(CC) The
Secretary shall
develop
parameters on
the use of
funds under
this subclause
for family
child care
homes.
(DD) The
Secretary shall
not retain
Federal
interest after
a period of 10
years in any
facility built,
renovated, or
repaired with
funds awarded
under this
subclause.
(IV) Additional activities to
improve the quality of child
care services.--A State shall
use a portion of the quality
child care amount to improve
the quality of child care
services, which shall include--
(aa) supporting the
training and
professional
development of the
early childhood
workforce, including
supporting degree
attainment and
credentialing for early
childhood educators;
(bb) developing,
implementing, or
enhancing the State's
tiered system for
measuring the quality
of child care providers
under subsection
(f)(4)(B);
(cc) improving the
supply and quality of
developmentally
appropriate child care
programs and services
for underserved
populations described
in subsection
(f)(4)(H);
(dd) improving access
to child care services
for children
experiencing
homelessness and
children in foster
care; and
(ee) other activities
to improve the supply
and quality of child
care services,
including activities
described in paragraphs
(1) through (10) of
section 658G(b) of the
Child Care and
Development Block Grant
Act of 1990 42 U.S.C.
9858e).
(V) Technical assistance.--
From a portion of the quality
child care amount, the State
shall provide technical
assistance to increase the
supply and quality of eligible
child care providers who are
providing, or seeking to
provide, child care services to
children receiving assistance
under this section, including
providing support to enable
providers to achieve licensure.
(i) Grants to Localities.--
(1) Definition of eligible locality.---In this
subsection the term ``eligible locality'' means a city,
county, or other unit of general local government, or a
Head Start grantee.
(2)(A) In general.--The Secretary shall use funds
reserved in subsection (g)(1)(A)(i)(IV)) to award local
Birth through Five Child Care and Early Learning Grants
to eligible localities located in States that have made
it apparent that they will not apply for payments under
subsection (f). The Secretary shall award the grants to
eligible localities in a State from the allotment made
for that State under subparagraph (B). The Secretary
shall specify the requirements for an eligible locality
to provide access to child care to children in families
with income that does not exceed 200 percent of the
Federal poverty level, which shall, to the greatest
extent practicable, be consistent with the requirements
applicable to States under this section.
(B) Application.--To receive a grant from the
corresponding State allotment under this
subsection, an eligible locality shall submit
an application to the Secretary at such time,
in such manner, and containing such information
as the Secretary may require. The requirements
for the application shall, to the greatest
extent practicable, be consistent with the
State plan requirements applicable to States
under this subsection (f).
(C) Priority for localities serving
underserved populations.--In awarding a grant
under this paragraph, the Secretary, shall give
priority to eligible localities seeking to
serve underserved populations.
(j) Program Requirements.--
(1) Nondiscrimination.--The following provisions of
law shall apply to any program or activity that
receives funds provided under this section:
(A) Title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.).
(B) Title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.).
(C) Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794).
(D) The Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
(E) Section 654 of the Head Start Act (42
U.S.C. 9849).
(2) Maintenance of effort.--To be eligible to receive
a grant under this section, a State shall that receives
payments under this section for a fiscal year, in using
the funds made available through the payments, shall
maintain child care assistance for families at levels
not less than the levels provided by the State in
fiscal year 2021. The Secretary shall determine the
State expenditures allowable under this requirement.
(k) Monitoring and Enforcement.--
(1) Review of compliance with requirements and state
plan.--The Secretary shall review and monitor State
compliance with this section and the plan described in
subsection (f)(4) of the State.
(2) Issuance of rule.--The Secretary shall establish
by rule procedures for--
(A) receiving, processing, and determining
the validity of complaints or findings
concerning any failure of a State to comply
with the State plan or any other requirement of
this section;
(B) notifying a State when the Secretary has
determined there has been a failure by the
State to comply with a requirement of this
section; and
(C) imposing sanctions under this subsection
for such a failure.
(l) Administration.--Using funds reserved under subsection
(b)(2), the Secretary shall provide technical assistance to
States, territories and Indian Tribes and carry out research,
evaluations, and administration related to this section.
(m) Transition Provisions.--
(1) Treatment of child care and development block
grant funds.--For each of fiscal years 2025, 2026, and
2027, a State receiving assistance under this section
shall not use more than 10 percent of any funds
received under the Child Care and Development Block
Grant Act of 1990 to provide child care assistance to
children under the age of 6, who are eligible under
that Act.
(2) Special rules regarding eligibility.--Any child
who is less than 6 years of age, is not yet in
kindergarten, and is receiving assistance under the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9857 et seq.) on the date funding is first
allocated to the lead agency under this section--
(A) shall be deemed immediately eligible to
receive assistance under this section; and
(B) may continue to use the child care
provider of the family's choice.
(3) Transition procedures.--The Secretary is
authorized to institute procedures for implementing
this section, including issuing guidance for States
receiving funds under subsection (g).
SEC. 23002. UNIVERSAL PRESCHOOL.
(a) Definitions.--In this section:
(1) Child experiencing homelessness.--The term
``child experiencing homelessness'' means an individual
who is a homeless child or youth under section 725 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a).
(2) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section
602 of the Individuals with Disabilities Education Act
(20 U.S.C. 1401).
(3) Comprehensive services.--The term ``comprehensive
services'' means services that are provided to low-
income children and their families, and that are
health, educational, nutritional, social, and other
services that are determined, based on family needs
assessments, to be necessary, within the means of
section 636 of the Head Start Act (42 U.S.C. 9831).
(4) Dual language learner.--The term ``dual language
learner'' means an individual who is limited English
proficient, as defined in section 637 of the Head Start
Act (42 U.S.C. 9832).
(5) Eligible child.--The term ``eligible child''
means a child who is age 3 or 4, on the date
established by the applicable local educational agency
for kindergarten entry.
(6) Eligible provider.--The term ``eligible
provider'' means--
(A) a local educational agency, acting alone
or in a consortium or in collaboration with an
educational service agency (as defined in
section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)), that
is licensed by the State or meets comparable
health and safety standards;
(B) a Head Start agency or delegate agency
funded under the Head Start Act (42 U.S.C. 9831
et seq.);
(C) a licensed center-based child care
provider, licensed family child care provider,
or community- or neighborhood-based network of
licensed family child care providers; or
(D) a consortium of entities described in any
of subparagraphs (A), (B), and (C).
(7) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
(8) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in
section 8101 of the Elementary and Secondary Education
Act of 1965.
(9) Poverty guidelines.--The term ``poverty
guidelines'' means the poverty guidelines updated
periodically in the Federal Register by the Department
of Health and Human Services under the authority of
section 673 of the Community Services Block Grant Act
(42 U.S.C. 9902).
(10) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(11) State.--The term ``State'' means each of the
several States and the District of Columbia.
(12) Territory.--The term ``territory'' means each of
the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(13) Tribal organization.--The term ``Tribal
organization'' has the meaning given the term ``tribal
organization'' in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(14) Urban indian organization.--The term ``Urban
Indian organization'' has the meaning given the term in
section 4 of the Indian Health Care Improvement Act (25
U.S.C. 1602).
(b) Universal Preschool.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for
each of fiscal years 2022 through 2028, out of any
money in the Treasury not otherwise appropriated, such
sums as may be necessary to carry out this section and
provide the Federal share of the cost of universal,
high-quality, free, inclusive, and mixed delivery
preschool services, on a voluntary basis, to children
throughout the States under this section, including
providing the Federal share of the cost of State
activities described in subsection (c)(4).
(2) Secretarial reservations.--The Secretary, in
collaboration with the Secretary of Education, shall
reserve, from the amount appropriated under this
subsection--
(A) not less than 4 percent for payments to
Indian Tribes, Tribal organizations, and Urban
Indian organizations for activities described
in this section;
(B) not more than \1/2\ of 1 percent for the
territories, to be distributed among the
territories on the basis of their relative
need, as determined by the Secretary of Health
and Human Services in accordance with the
objectives of this section, for activities
described in this section;
(C) \1/2\ of 1 percent for eligible local
entities that serve children in families who
are engaged in migrant or seasonal agricultural
labor, for activities described in this
section;
(D) for Federal activities, including
administration, monitoring, technical
assistance, and research--
(i) $165,000,000 for fiscal year 2022
and $200,000,000 for fiscal year 2023;
and
(ii) for each of fiscal years 2025
through 2028, not more than 2 percent;
(E) $2,500,000,000 for each of fiscal years
2022 through 2027 to improve compensation of
Head Start staff consistent with subparagraphs
(A)(i) and (B)(viii) of section 640(a)(5) of
the Head Start Act (42 U.S.C. 9835(a)(5)),
notwithstanding section 653(a)(1) of such Act
(43 U.S.C. 9848(a)(1); and
(F) $1,250,000,000 annually for each of
fiscal years 2023 through 2028 to carry out the
program of grants to localities described in
subsection (e).
(c) Payments for State Universal Preschool Services.--
(1) In general.--A State that has submitted, and had
approved by the Secretary, a State plan for universal
preschool services is entitled to a payment under this
subsection.
(2) Payments to states.--
(A) Preschool services.--The Secretary shall
pay to each State with an approved State plan
under paragraph (6), an amount for each year
equal to--
(i) 100 percent of the State's
expenditures in the year for preschool
services described in subsection (d),
for each of fiscal years 2022, 2023,
and 2024;
(ii) 90 percent of the State's
expenditures in the year for such
preschool services, for fiscal year
2025;
(iii) 80 percent of the State's
expenditures in the year for such
preschool services, for fiscal year
2026;
(iv) 70 percent of the State's
expenditures in the year for such
preschool services, for fiscal year
2027; and
(v) 60 percent of the State's
expenditures in the year for such
preschool services, for fiscal year
2028.
(B) State activities.--The Secretary shall
pay to each State with an approved State plan
under paragraph (6) an amount for a fiscal year
equal to 50 percent of the amount of the
State's expenditures for the activities
described in paragraph (4), except that in no
case shall a payment for a fiscal year under
this subparagraph exceed the amount equal to 10
percent of the State's expenditures described
in subparagraph (A) for such fiscal year.
(C) Non-federal share.--The remainder of the
cost paid by the State for preschool services,
that is not provided under subparagraph (A),
shall be considered the non-Federal share of
the cost of those services. The remainder of
the cost paid by the State for State
activities, that is not provided under
subparagraph (B), shall be considered the non-
Federal share of the cost of those activities.
(3) Advance payment; retrospective adjustment.--The
Secretary may make a payment under subparagraph (A) or
(B) of paragraph (2) for a year on the basis of advance
estimates of expenditures submitted by the State and
such other investigation as the Secretary may find
necessary, and may reduce or increase the payment as
necessary to adjust for any overpayment or underpayment
for a previous year.
(4) State activities.--A State that receives a
payment under paragraph (2)(B) shall carry out all of
the following activities:
(A) State administration of the State's
preschool services program described in this
section.
(B) Supporting a continuous quality
improvement system through the use of data,
researching, monitoring, training, technical
assistance, professional development, and
coaching to support providers participating or
seeking to participate in the State's preschool
services program and to support such providers
in meeting the requirements of this section.
(C) Providing outreach and enrollment support
for families of eligible children, including
specific outreach to families of underserved
populations.
(D) Supporting data systems building.
(E) Supporting staff of eligible providers in
pursuing credentials and degrees, including
baccalaureate degrees.
(F) Supporting activities that ensure access
to inclusive preschool programs for children
with disabilities, including, as applicable,
activities that redesign or restructure
existing preschool programs, as of the date of
the activity, to improve inclusive services for
children with disabilities.
(G) Providing age-appropriate transportation
services for children, which at a minimum shall
include transportation services for children
experiencing homelessness and children in
foster care.
(H) Conducting or updating the State's
statewide needs assessment used for purposes of
paragraph (6)(B)(ii).
(5) Lead agency.--The Governor of a State desiring to
receive a payment under this subsection shall designate
a State lead agency (such as a State agency or joint
interagency office) for the administration of the
universal preschool services program under this
section.
(6) State plan.--In order to be eligible for payments
under this section, the Governor of a State shall
submit a State plan for universal, high-quality, free,
inclusive, and mixed delivery preschool services to the
Secretary for approval at such time, in such manner,
and containing such information as the Secretary, in
collaboration with the Secretary of Education, may
require. Such plan shall include each of the following:
(A) A certification that the State has in
place developmentally appropriate, evidence-
based preschool standards that, at a minimum
are as rigorous as the standards specified in
subparagraph (B) of section 641A(a)(1) of the
Head Start Act (42 U.S.C. 9836a(a)(1)) and
include program standards for class sizes and
ratios.
(B) A certification that the State will
prioritize the establishment and expansion of
universal, high-quality, free, inclusive, and
mixed delivery preschool services in high-need
communities, as identified by the State,
including--
(i) a description of which high-need
communities the State will prioritize
for that establishment and expansion
within and across those communities;
(ii) a description of how the State
determined which communities are high-
need communities, including how the
State used a research-based
methodology, approved by the Secretary,
to identify and serve such communities,
as determined by--
(I) the rate of poverty among
eligible children in the
community;
(II) rates of access to high-
quality preschool within the
community, including, as
applicable, rates of
disparities for underserved or
vulnerable populations as
identified through a periodic
needs assessment conducted
through the preschool
development grants program
under section 9212 of the Every
Student Succeeds Act (42 U.S.C.
9831 note) as applicable, or
through another such statewide
needs assessment; and
(III) other indicators of
community need as required by
the Secretary; and
(iii) an assurance that the State
will distribute funding for such
preschool services under this section
within such a high-need community so
that a majority of children in the
community are offered such preschool
services before the State establishes
and expands free preschool services in
communities with lower levels of need.
(C) As applicable, a description of how the
State plans to use funding provided under this
section to ensure that existing (as of the date
of submission of the State plan) publicly
funded preschool programs in the State meet the
requirements of this section for a preschool
program.
(D) A certification that the State will, in
establishing and operating the program of
preschool services supported under this
section, support a mixed delivery preschool
system, including a certification that the
State will facilitate the participation in the
system of Head Start programs and programs
offered by other eligible providers, including
providers of licensed family child care).
(E) An assurance that the State will use
funding provided under this section to ensure
children with disabilities have access to and
participate in inclusive preschool programs
consistent with provisions in the Individuals
with Disabilities Education Act, including an
assurance that the State will offer inclusive
programming that supports the least restrictive
environment requirements in Section 619 of the
Individuals with Disabilities Act for all
eligible children who are children with
disabilities.
(F) A certification that the State will
support the continuous quality improvement of
programs providing preschool services under
this section, including support through
technical assistance, monitoring, and research.
(G) A certification that the State will
ensure a highly qualified early childhood
workforce to support the requirements of this
section.
(H) A description of how the State will
coordinate the State's preschool standards
described in subparagraph (A) with other early
learning standards within the State.
(I) A description of how the State will--
(i) coordinate services and funding
provided under this section with
services and funding for other Federal,
State, and local child care and early
childhood development programs;
(ii) at the option of an Indian Tribe
or Tribal organization in the State,
collaborate and coordinate services and
funding with such Indian Tribe or
Tribal organization;
(iii) partner with Head Start
agencies to ensure the full utilization
of Head Start programs within the
State;
(iv) collaborate with entities
carrying out programs under section 619
or part C of the Individuals with
Disabilities Education Act, to support
inclusive preschool programs; and
(v) improve transitions of children
from early childhood education to
elementary school.
(J) An assurance that the State will partner
with not less than 1 institution of higher
education to facilitate degree attainment for
staff of preschool programs.
(K) An assurance that the State will ensure
all preschool services in the State funded
under this section will be--
(i)(I) universally available to all
children in the State without any
additional eligibility requirements;
and
(II) be high quality, free,
and inclusive;
(ii) by not later than 1 year after
receiving such funding, meet the
State's preschool education standards
described in subparagraph (A);
(iii) offer programming that meets
the duration requirements of at least
1,020 annual hours, in the program
performance standards applicable to
Head Start programs described in
section 641A of the Head Start Act (42
U.S.C. 9836a);
(iv) adopt policies and practices to
conduct outreach and provide expedited
enrollment, including prioritization,
to--
(I) children experiencing
homelessness;
(II) children in foster care
or kinship care;
(III) children in families
who are engaged in migrant or
seasonal agricultural labor;
(IV) children with
disabilities, including
children served under part C of
the Individuals with
Disabilities Education Act who
are an eligible child under
section 101(a)(3) of this Act;
and
(V) dual language learners;
(v) provide salaries, and set salary
schedules, for staff that are
equivalent to salaries of elementary
school staff with similar credentials
and experience;
(vi) at a minimum, provide a living
wage for all staff of such providers;
and
(vii) require educational
qualifications for teachers (excluding
individuals who were employed by an
eligible child care provider or early
education program for a cumulative
three of the last five years from the
date of enactment and have the
necessary content knowledge and
teaching skills for early childhood
educators, as demonstrated through
measures determined by the State) in
the preschool program including, at a
minimum, requiring that lead teachers
in the preschool program have a
baccalaureate degree in early childhood
education or a related field by not
later than 7 years after the date of
enactment of this Act (The requirements
specified in this clause shall not
apply to individuals who were employed
by an eligible child care provider or
early education program for a
cumulative 3 of the last 5 years from
the date of enactment and have the
necessary content knowledge and
teaching skills for early childhood
educators, as demonstrated through
measures determined by the State.).
(L) An assurance that the State will meet the
requirements of clauses (ii) and (iii) of
section 658E(c)(2)(T) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)(T)), with respect to funding and
assessments under this section.
(M) A certification that subgrant amounts
described under subsection (d) are sufficient
to enable the eligible provider to meet the
requirements of this title, and will provide
for increased staff payment amounts based on
the criteria described in (K)(v) and (vi).
(N) A certification that preschool seats will
be distributed equitably among child care
(including family child care), Head Start, and
schools within the State.
(7) Duration of the plan.--Each State plan shall
remain in effect for a period of 3 years. Amendments to
the State plan shall remain in effect for the duration
of the plan.
(8) Transitional State Plan--The Secretary shall make
available a transitional State plan for a period of one
year that contains such information as the Secretary
may require, to demonstrate the State will meet the
requirements of this title and that includes--
(A) an assurance that the State will submit a
State plan under paragraph (6); and
(B) a description of how the funds received
by the State under this title will be spent to
expand access to universal, high-quality, free,
inclusive, and mixed delivery preschool
programs in alignment with the requirements of
this title.
(d) Subgrants and Contracts for Local Preschool Programs.--
(1) Subgrants and contracts.--
(A) In general.--A State that receives a
payment under subsection (c)(2)(A) for a fiscal
year shall use amounts provided through the
payment to pay the Federal share of the costs
of subgrants to, or contracts with, eligible
providers to operate universal, high-quality,
free, inclusive, and mixed delivery preschool
programs through the State preschool program in
accordance with paragraph (2). A State shall
reduce or increase the amounts provided under
such subgrants or contracts if needed to adjust
for any overpayment or underpayment described
in subsection (c)(3).
(B) Amount.--A State shall award a subgrant
or contract under this subsection in a
sufficient amount to enable the eligible
provider to operate a universal, high-quality,
free, and inclusive preschool program that
meets the requirements of subsection (c)(6)(K)
and which amount shall reflect variations in
the cost of preschool services by geographic
area, type of provider, and age of child, and
the additional costs associated with providing
inclusive preschool services for children with
disabilities .
(C) Duration.--The State shall award a
subgrant or contract under this subsection for
a period of not less than 3 years, unless the
subgrant or contract is terminated or
suspended, or the subgrant period is reduced,
for cause.
(2) Enhanced payments for comprehensive services.--In
awarding subgrants or contracts under this subsection
and in addition to meeting the requirements of
paragraph (1)(B), the State shall award subgrants or
contracts with enhanced payments to eligible providers
that offer preschool programs funded under this
subsection to a high percentage of low-income children
to support--
(A) comprehensive services, including social,
emotional and other services that support child
well-being;
(B) health and developmental screenings; and
(C) service referral for children and
families served by the program involved.
(3) Establishing and expanding universal preschool
programs.--
(A) Establishing and expanding universal
preschool programs in high-need communities.--
In awarding subgrants or contracts under this
subsection, the State shall first prioritize
establishing and expanding universal preschool
programs within and across high-need
communities identified under subsection
(c)(6)(B) by awarding subgrants or contracts to
eligible providers operating within, or with
capacity to operate within and across, such
high-need communities. Such subgrants or
contracts shall be used to enroll and serve
children in the preschool program, including--
(i) personnel (including classroom
and administrative personnel),
including compensation and benefits;
(ii) costs associated with
implementing the State's preschool
standards, providing curriculum sports,
and meeting early learning and
development standards;
(iii) professional development,
teacher supports, and training;
(iv) implementing developmentally
appropriate health and safety standards
(including licensure, where
applicable), teacher to child ratios,
and group size maximums;
(v) materials, equipment and
supplies;
(vi) meeting health and safety
standards, including licensure; and
(vii) rent or mortgage, utilities,
building security, indoor and outdoor
maintenance, and insurance.
(4) Establishing and expanding universal preschool
programs in additional communities.--Once a State that
receives a payment under subsection (c)(2)(A) meets the
requirements of paragraph (2) with respect to
establishing and expanding preschool programs within
and across high-need communities, the State shall use
any remaining funds from such payment to enroll and
serve children in preschool programs, as described in
such paragraph, to additional communities in accordance
with the statewide needs assessment used for purposes
of paragraph (6)(B)(ii). Such funds shall be used for
the activities described in (2)(A)(i)-(viii).
(e) Grants to Localities.--
(1) Definitions.--In this subsection:
(A) Eligible locality.--The term ``eligible
locality'' means a city, county, or other unit
of general local government, a local
educational agency, or a Head Start agency.
(B) Low-income young child.--The term ``low-
income young child'' means a child who is under
age 6 and from a family with a family income
that is not more than 200 percent of the
poverty guidelines.
(2) In general.--The Secretary shall use funds
reserved in subsection (b)(2)(F) to award local
universal preschool grants to eligible localities
located in States that have made it apparent that they
will not apply for payments under subsection (c)(2)(A).
The Secretary shall award the grants to eligible
localities in a State from the allotment made for that
State under paragraph (3). The Secretary shall specify
the requirements for an eligible locality to conduct a
preschool services program under this subsection which
shall, to the greatest extent practicable, be
consistent with the requirements applicable to States
under this section, including ensuring a free,
universal, high-quality, inclusive mixed delivery
preschool system.
(3) Allotments.--For each State described in
paragraph (2), the Secretary shall allot for the State
an amount that bears the same relationship to the funds
reserved under subsection (b)(2)(F) as the number of
low-income young children in the State bears to the
total of all such children in States described in
paragraph (2).
(4) Application.--To receive a grant from the
corresponding State allotment under this subsection, an
eligible locality shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may require. The
requirements for the application shall, to the greatest
extent practicable, be consistent with the State plan
requirements applicable to States under this section.
(5) Priority for localities serving underserved
communities.--In awarding a grant under this
subsection, the Secretary, in collaboration with the
Secretary of Education, shall give priority to eligible
localities serving high-need communities, determined in
accordance with subsection (d)(2)(B).
(f) Allowable Sources of Non-Federal Share.--For purposes of
calculating the amount of the non-Federal share, as determined
under subsection (c), relating to a payment under such
subsection, a State's non-Federal share--
(1) may be in cash or in kind, fairly evaluated,
including facilities or property, equipment, or
services;
(2) shall include any increase in amounts spent by
the State to expand half-day kindergarten programs in
the State, as of the day before the date of enactment
of this Act, into full-day kindergarten programs;
(3) shall not include contributions being used as a
non-Federal share or match for another Federal award;
(4) shall be provided from State or local sources,
contributions from philanthropy or other private
organizations, or a combination of such sources and
contributions and
(5) shall count no more than 50 percent of the
State's current spending on prekindergarten programs
(as of the date of enactment of this Act) toward the
State match.
(g) Maintenance of Effort.--
(1) In general.--If a State reduces its combined
fiscal effort per child for the State's preschool
program (whether a publicly funded preschool program or
a program under this section) or through State
supplemental assistance funds for Head Start programs
assisted under the Head Start Act (42 U.S.C. 9831 et
seq.), or through any State spending on preschool
services for any fiscal year that a State receives
payments under subparagraphs (A) and (B) of subsection
(c)(2) (referred to in this paragraph as the
``reduction fiscal year'') relative to the previous
fiscal year, the Secretary, in collaboration with the
Secretary of Education, shall reduce support for such
State under such subsection by the same amount as the
total reduction in State fiscal effort for such
reduction fiscal year.
(2) Waiver.--The Secretary, in collaboration with the
Secretary of Education, may waive the requirements of
paragraph (1) if--
(A) the Secretaries determine that a waiver
would be appropriate due to a precipitous
decline in the financial resources of a State
as a result of unforeseen economic hardship, or
a natural disaster, that has necessitated
across-the-board reductions in State services
during the 5-year period preceding the date of
the determination, including for early
childhood education programs; or
(B) due to the circumstance of a State
requiring reductions in specific programs,
including early childhood education, the State
presents to the Secretaries a justification and
demonstration why other programs could not be
reduced and how early childhood education
programs in the State will not be
disproportionately harmed by such State
reductions.
(h) Supplement Not Supplant.--Funds received under this
section shall be used to supplement and not supplant other
Federal, State, and local public funds expended on early
childhood education programs in the State.
(i) Nondiscrimination Provisions.--The following provisions
of law shall apply to any program or activity that receives
funds provided under this section:
(1) Title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.).
(2) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
(3) Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
(4) The Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(5) Section 654 of the Head Start Act (42 U.S.C.
9849)
Subtitle E--Child Nutrition and Related Programs
SEC. 24001. EXPANDING COMMUNITY ELIGIBILITY.
(a) Multiplier and Threshold Adjusted.--
(1) Multiplier.--Clause (vii) of section 11(a)(1)(F)
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1759a(a)(1)(F)) is amended to read as follows:
``(vii) Multiplier.--
``(I) Implementation in 2022-
2030.--For each school year
beginning on or after July 1,
2022, and ending before July 1,
2030, the Secretary shall use a
multiplier of 2.5.
``(II) Implementation after
2030.--For each school year
beginning on or after July 1,
2030, the Secretary shall use a
multiplier of 1.6.''.
(2) Threshold.--Clause (viii) of section 11(a)(1)(F)
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1759a(a)(1)(F)) is amended to read as follows:
``(viii) Threshold.--
``(I) Implementation in 2022-
2030.--For each school year
beginning on or after July 1,
2022, and ending before July 1,
2030, the threshold shall be
not more than 25 percent.
``(II) Implementation after
2030.--For each school year
beginning on or after July 1,
2030, the threshold shall be
not more than 40 percent.''.
(3) Applicability.--The amendments made by this
subsection shall apply to a local educational agency
with respect to a school year beginning on or after
July 1, 2022, for which such local educational agency
elects to receive special assistance payments under
subparagraph (F) of section 11(a)(1) of the Richard B.
Russell National School Lunch Act (42 U.S.C.
1759a(a)(1)).
(b) Statewide Community Eligibility.--Section 11(a)(1)(F) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(a)(1)(F)) is amended by adding at the end the following:
``(xiv) Statewide community
eligibility.--For each school year
beginning on or after July 1, 2022, and
ending before July 1, 2030, the
Secretary shall establish a statewide
community eligibility program under
which, in the case of a State agency
that agrees to provide funding from
sources other than Federal funds to
ensure that local educational agencies
in the State receive the free
reimbursement rate for 100 percent of
the meals served at applicable
schools--
``(I) the multiplier
described in clause (vii) shall
apply;
``(II) the threshold
described in clause (viii)
shall be applied by
substituting zero for 25; and
``(III) the percentage of
enrolled students who were
identified students shall be
calculated across all
applicable schools in the State
regardless of local educational
agency.''.
SEC. 24002. DIRECT CERTIFICATION FOR CHILDREN RECEIVING MEDICAID
BENEFITS.
(a) In General.--Section 9 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)) is amended--
(1) in subsection (b)--
(A) by amending paragraph (5) to read as
follows:
``(5) Discretionary certification.--
``(A) Free lunches or breakfasts.--Subject to
paragraph (6), any local educational agency may
certify any child as eligible for free lunches
or breakfasts, without further application, by
directly communicating with the appropriate
State or local agency to obtain documentation
of the status of the child as--
``(i) a member of a family that is
receiving assistance under the
temporary assistance for needy families
program funded under part A of title IV
of the Social Security Act (42 U.S.C.
601 et seq.) that the Secretary
determines complies with standards
established by the Secretary that
ensure that the standards under the
State program are comparable to or more
restrictive than those in effect on
June 1, 1995;
``(ii) a homeless child or youth
(defined as 1 of the individuals
described in section 725(2) of the
McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2));
``(iii) served by the runaway and
homeless youth grant program
established under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et
seq.);
``(iv) a migratory child (as defined
in section 1309 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6399));
``(v) an eligible child (as defined
in paragraph (15)(A)); or
``(vi)(I) a foster child whose care
and placement is the responsibility of
an agency that administers a State plan
under part B or E of title IV of the
Social Security Act (42 U.S.C. 621 et
seq.); or
``(II) a foster child who a court has
placed with a caretaker household.
``(B) Reduced price lunches or breakfasts.--
Subject to paragraph (6), any local educational
agency may certify any child who is not
eligible for free school lunch or breakfast as
eligible for reduced price lunches or
breakfasts, without further application, by
directly communicating with the appropriate
State or local agency to obtain documentation
of the status of the child as a child eligible
for reduced price meals (as defined in
paragraph (15)(A)).'';
(B) in paragraph (6)(A), by striking ``or
(5)'' both places it appears and inserting
``(5), or (15)''; and
(C) in paragraph (15)--
(i) in subparagraph (A)--
(I) by amending clause (i) to
read as follows:
``(i) Eligible child.--The term
`eligible child' means a child--
``(I)(aa) who is eligible for
and receiving medical
assistance under the Medicaid
program; and
``(bb) who is a member of a
family with an income as
measured by the Medicaid
program that does not exceed
133 percent of the poverty line
(as determined under the
poverty guidelines updated
periodically in the Federal
Register by the Department of
Health and Human Services under
the authority of section 673(2)
of the Community Services Block
Grant Act (42 U.S.C. 9902(2),
including any revision required
by such section)) applicable to
a family of the size used for
purposes of determining
eligibility for the Medicaid
program;
``(II) who is eligible for
the Medicaid program because
such child receives
supplemental security income
benefits under title XVI of the
Social Security Act (42 U.S.C.
1381-1385) or State
supplementary benefits of the
type referred to in section
1616(a) of such Act (or
payments of the type described
in section 212(a) of Public Law
93-66);
``(III) who is eligible for
the Medicaid program because
such child receives an adoption
assistance payment made under
section 473(a) of the Social
Security Act (42 U.S.C. 673(a))
or under a similar State-funded
or State-operated program, as
determined by the Secretary;
``(IV) who is eligible for
the Medicaid program because
such child receives a kinship
guardianship assistance payment
made under section 473(d) of
the Social Security Act (42
U.S.C. 673(d)) or under a
similar State-funded or State-
operated program, as determined
by the Secretary, without
regard to whether such child
was previously in foster care;
or
``(V) who is a member of a
household (as that term is
defined in section 245.2 of
title 7, Code of Federal
Regulations (or successor
regulations)) with a child
described in subclause (I),
(II), (III), or (IV).''; and
(II) by adding at the end the
following:
``(iii) Child eligible for reduced
price meals.--The term `child eligible
for reduced price meals' means a
child--
``(I)(aa) who is eligible for
and receiving medical
assistance under the Medicaid
program; and
``(bb) who is a member of a
family with an income as
measured by the Medicaid
program that does exceed 133
percent but does not exceed 185
percent of the poverty line (as
determined under the poverty
guidelines updated periodically
in the Federal Register by the
Department of Health and Human
Services under the authority of
section 673(2) of the Community
Services Block Grant Act (42
U.S.C. 9902(2), including any
revision required by such
section)) applicable to a
family of the size used for
purposes of determining
eligibility for the Medicaid
program; or
``(II) who is a member of a
household (as that term is
defined in section 245.2 of
title 7, Code of Federal
Regulations (or successor
regulations)) with a child
described in subclause (I).'';
(ii) by striking subparagraphs (B),
(C), (D), (E), (G), and (H);
(iii) in subparagraph (F)--
(I) in the enumerator, by
striking ``(F)'' and inserting
``(D)''; and
(II) by striking ``conducting
the demonstration project under
this paragraph'' and inserting
``carrying out this
paragraph'';
(iv) by inserting after subparagraph
(A) the following:
``(B) Agreements to carry out
certification.--To certify a child under
subparagraph (A)(v) or (B) of paragraph (5), a
State agency shall enter into an agreement with
1 or more State agencies conducting eligibility
determinations for the Medicaid program.
``(C) Procedures.--Subject to paragraph (6),
an agreement under subparagraph (B) shall
establish procedures under which--
``(i) an eligible child may be
certified for free lunches under this
Act and free breakfasts under section 4
of the Child Nutrition Act of 1966 (42
U.S.C. 1773), without further
application (as defined in paragraph
(4)(G)); and
``(ii) a child eligible for reduced
price meals may be certified for
reduced price lunches under this Act or
reduced price breakfasts under section
4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773), without further
application (as defined in paragraph
(4)(G)).''; and
(v) by adding at the end the
following:
``(E) Sunset.--The authority under this
paragraph shall terminate on the last day of
school year 2030-2031.''; and
(2) in subsection (d)(2)(G), by inserting ``or child
eligible for reduced price meals'' after ``eligible
child''.
(b) Applicability.--The amendments made by this section shall
apply with respect to the period--
(1) beginning on July 1, 2022; and
(2) ending on the last day of school year 2030-2031.
SEC. 24003. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
The Richard B. Russell National School Lunch Act is amended
by inserting after section 13 (42 U.S.C. 1761) the following:
``SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
``(a) Program Established.--The Secretary shall establish a
program under which States and covered Indian Tribal
organizations participating in such program shall, beginning
with summer 2023 and annually for each summer before the date
described in subsection (g), issue to eligible households
summer EBT benefits--
``(1) in accordance with this section; and
``(2) for the purpose of providing nutrition
assistance through electronic benefits transfer during
the summer months for eligible children, to ensure
continued access to food when school is not in session
for the summer.
``(b) Summer EBT Benefits Requirements.--
``(1) Purchase options.--
``(A) Benefits issued by states.--
``(i) WIC participation states.--In
the case of a State that participated
in a demonstration program under
section 749(g) of the Agriculture,
Rural Development, Food and Drug
Administration, and Related Agencies
Appropriations Act, 2010 (Public Law
111-80; 123 Stat. 2132) during calendar
year 2018 using a WIC model, summer EBT
benefits issued pursuant to subsection
(a) by such a State may only be used by
the eligible household that receives
such summer EBT benefits to purchase--
``(I) supplemental foods from
retailers that have been
approved for participation in--
``(aa) the special
supplemental nutrition
program for women,
infants, and children
under section 17 of the
Child Nutrition Act of
1966 (42 U.S.C. 1786);
or
``(bb) the program
under this section; or
``(II) food (as defined in
section 3(k) of the Food and
Nutrition Act of 2008 (7 U.S.C.
2011(k))) from retail food
stores that have been approved
for participation in the
supplemental nutrition
assistance program established
under such Act, in accordance
with section 7(b) of such Act
(7 U.S.C. 2016(b)).
``(ii) Other states.--Summer EBT
benefits issued pursuant to subsection
(a) by a State not described in clause
(i) may only be used by the eligible
household that receives such summer EBT
benefits to purchase food (as defined
in section 3(k) of the Food and
Nutrition Act of 2008 (7 U.S.C.
2011(k))) from retail food stores that
have been approved for participation in
the supplemental nutrition assistance
program established under such Act, in
accordance with section 7(b) of such
Act (7 U.S.C. 2016(b)).
``(B) Benefits issued by covered indian
tribal organizations.--Summer EBT benefits
issued pursuant to subsection (a) by a covered
Indian Tribal organization may only be used by
the eligible household that receives such
summer EBT benefits to purchase supplemental
foods from retailers that have been approved
for participation in--
``(i) the special supplemental
nutrition program for women, infants,
and children under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C.
1786); or
``(ii) the program under this
section.
``(2) Amount.--Summer EBT benefits issued pursuant to
subsection (a)--
``(A) shall be--
``(i) for calendar year 2023, in an
amount equal to $75 for each child in
the eligible household per month during
the summer; and
``(ii) for calendar year 2024 and
each year thereafter, in an amount
equal to the amount described in clause
(i), adjusted to the nearest lower
dollar increment to reflect changes to
the cost of the thrifty food plan (as
defined in section 3(u) of the Food and
Nutrition Act of 2008 (7 U.S.C.
2012(u)) for the 12-month period ending
on November 30 of the preceding
calendar year; and
``(B) may be issued--
``(i) in the form of an EBT card; or
``(ii) through electronic delivery.
``(c) Enrollment in Program.--
``(1) State requirements.--States participating in
the program under this section shall--
``(A) with respect to a summer, automatically
enroll eligible children in the program under
this section without further application;
``(B) establish procedures to carry out the
enrollment described in subparagraph (A); and
``(C) require local educational agencies to
allow eligible households to opt out of
participation in the program under this section
and establish procedures for opting out of such
participation.
``(2) Covered indian tribal organization
requirements.--Covered Indian Tribal organizations
participating in the program under this section shall,
to the maximum extent practicable, meet the
requirements under subparagraphs (A) through (C) of
paragraph (1).
``(d) Implementation Grants.--On and after October 1, 2021,
the Secretary shall carry out a program to make grants to
States and covered Indian Tribal organizations to build
capacity for implementing the program under this section.
``(e) Alternate Plans in the Case of Continuous School
Calendar.--The Secretary shall establish alternative plans for
when summer EBT benefits may be issued pursuant to subsection
(a) in the case of children who are under a continuous school
calendar.
``(f) Funding.--
``(1) Program funding.--In addition to amounts
otherwise available, there is appropriated for each of
fiscal years 2022 through 2029, out of any money in the
Treasury not otherwise appropriated, such sums, to
remain available for the period described in paragraph
(2), as may be necessary to carry out this section,
including for administrative expenses incurred by the
Secretary, States, covered Indian Tribal organizations,
and local educational agencies.
``(2) Period described.--With respect to each fiscal
year under paragraph (1), amounts made available for
such a fiscal year under such paragraph shall remain
available for the 2-year period following the date such
amounts are made available.
``(3) Implementation grant funding.--In addition to
amounts otherwise available, including under paragraph
(1), there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until expended, to
carry out subsection (d).
``(g) Sunset.--The authority under this section shall
terminate on September 30, 2029.
``(h) Definitions.--In this section:
``(1) Covered indian tribal organization.--The term
`covered Indian Tribal organization' means an Indian
Tribal organization that participates in the special
supplemental nutrition program for women, infants, and
children under section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786).
``(2) Eligible child.--The term `eligible child'
means, with respect to a summer, a child who was,
during the school year immediately preceding such
summer--
``(A) certified to receive free or reduced
price lunch under the school lunch program
under this Act;
``(B) certified to receive free or reduced
price breakfast under the school breakfast
program under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773); or
``(C) enrolled in a school described in
subparagraph (B), (C), (D), (E), or (F) of
section 11(a)(1).
``(3) Eligible household.--The term `eligible
household' means a household that includes at least 1
eligible child.
``(4) Supplemental foods.--The term `supplemental
foods'--
``(A) means foods--
``(i) containing nutrients determined
by nutritional research to be lacking
in the diets of children; and
``(ii) that promote the health of the
population served by the program under
this section, as indicated by relevant
nutrition science, public health
concerns, and cultural eating patterns,
as determined by the Secretary; and
``(B) includes foods not described in
subparagraph (A) substituted by State agencies,
with the approval of the Secretary, that--
``(i) provide the nutritional
equivalent of foods described in such
subparagraph; and
``(ii) allow for different cultural
eating patterns than foods described in
such subparagraph.''.
SEC. 24004. SCHOOL KITCHEN EQUIPMENT GRANTS.
(a) In addition to amounts otherwise available, there is
appropriated to the Secretary of Agriculture for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available until expended,
to award grants to States (as defined in section 12(d) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1760(d))) to make competitive subgrants to local educational
agencies and schools to purchase equipment with a value of
greater than $1,000 that, with respect to the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751-1769j) and the school
breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773), is necessary to serve
healthier meals, improve food safety, and increase scratch
cooking.
(b) The Secretary may set aside up to 5 percent of the funds
made available under subsection (a) for the purpose of training
and technical assistance to support scratch cooking, which may
be administered by States or other entities.
SEC. 24005. HEALTHY FOOD INCENTIVES DEMONSTRATION.
(a) In addition to amounts otherwise available, there is
appropriated to the Secretary of Agriculture for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $634,000,000, to remain available until expended,
to provide competitive grants to States in accordance with this
section.
(b) A State that receives a grant under this section shall
use such grant funds to make subgrants to local educational
agencies and schools for activities that support--
(1) serving healthy school meals and afterschool
snacks that meet discretionary goals established by the
Secretary;
(2) increasing scratch cooking;
(3) conducting experiential nutrition education
activities, including school garden programs;
(4) procuring local, regional, and culturally
appropriate foods and foods produced by underserved or
limited resource farmers, as defined by the Secretary,
to serve as part of the child nutrition programs under
the Richard B. Russell National School Lunch Act (42
U.S.C. 1751-1769j) or the Child Nutrition Act of 1966
(42 U.S.C. 1771-1793);
(5) reducing the availability of less healthy foods,
as defined by the Secretary, during the school day; or
(6) carrying out additional activities to encourage
the development of healthy nutrition and physical
activity habits among children.
(c) A State that receives a grant under this section may use
such grant funds to fund a statewide nutrition education
coordinator to--
(1) support individual school food authority
nutrition education efforts; and
(2) facilitate collaboration with other nutrition
education efforts in the State.
(d) A State that receives a grant under this section may not
use more than 5 percent of such grant funds to carry out
administrative activities.
(e) In this section, the term ``State'' has the meaning given
the term in section 12(d) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(d)).
Subtitle F--Human Services and Community Supports
SEC. 25001. ASSISTIVE TECHNOLOGY.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $10,000,000, to remain
available until expended, to carry out the Assistive Technology
Act of 1998 (29 U.S.C. 3001 et seq.).
SEC. 25002. FAMILY VIOLENCE PREVENTION AND SERVICES FUNDING.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $27,000,000, to remain
available until expended, for necessary administrative expenses
to carry out sections 303, 309, and 313 of the Family Violence
Prevention and Services Act (42 U.S.C. 10401-10414) and section
2204 of the American Rescue Plan Act of 2021 (Public Law 117-
2).
SEC. 25003. PREGNANCY ASSISTANCE FUND.
Section 10214 of the Patient Protection and Affordable Care
Act (42 U.S.C. 18204) is amended by striking the period and
inserting ``, and $25,000,000 for each of fiscal years 2022
through 2024, to remain available until expended, to carry out
this part.''.
SEC. 25004. FUNDING FOR THE AGING NETWORK AND INFRASTRUCTURE.
(a) Appropriation.--In addition to amounts otherwise
available, there are appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Department of Health and Human Services--
(1) $75,000,000 for the Research, Demonstration, and
Evaluation Center for the Aging Network to carry out
the activities of the Center under section 201(g) of
the Older Americans Act of 1965 (OAA) (42 U.S.C.
3011(g));
(2) $655,000,000 to carry out part B of title III of
the OAA (42 U.S.C. 3030d), including for--
(A) supportive services of the type made
available for fiscal year 2021 and authorized
under such part;
(B) investing in the aging services network
for the purposes of improving the availability
of supportive services, including investing in
the aging services network workforce;
(C) the acquisition, alteration, or
renovation of facilities, including
multipurpose senior centers and mobile units;
and
(D) construction or modernization of
facilities to serve as multipurpose senior
centers;
(3) $140,000,000 to carry out part C of title III of
the OAA (42 U.S.C. 3030d-21-3030g-23), including to
support the modernization of infrastructure and
technology, including kitchen equipment and delivery
vehicles, to support the provision of congregate
nutrition services and home delivered nutrition
services under such part;
(4) $150,000,000 to carry out part E of title III of
the OAA (42 U.S.C. 3030s-3030s-2), including section
373(e) of such part (42 U.S.C. 3030s-1(e));
(5) $50,000,000 to carry out title VI of the OAA (42
U.S.C. 3057-3057o), including part C of such title (42
U.S.C. 3057k-11);
(6) $50,000,000 to carry out the long-term care
ombudsman program under title VII of the OAA (42 U.S.C.
3058-3058ff);
(7) $59,000,000 for technical assistance centers or
national resource centers supported under the OAA,
including all such centers that received funding under
title IV of the OAA (42 U.S.C. 3031-3033a) for fiscal
year 2021, in order to support technical assistance and
resource development related to culturally appropriate
care management and services for older individuals with
the greatest social need, including racial and ethnic
minority individuals;
(8) $15,000,000 for technical assistance centers or
national resource centers supported under the OAA that
are focused on providing services for older individuals
who are underserved due to their sexual orientation or
gender identity;
(9) $1,000,000 for efforts of national training and
technical assistance centers supported under the OAA
to--
(A) support expanding the reach of the aging
services network to more effectively assist
older individuals in remaining socially engaged
and active;
(B) provide additional support in technical
assistance and training to the aging services
network to address the social isolation of
older individuals;
(C) promote best practices and identify
innovation in the field; and
(D) continue to support a repository for
innovations designed to increase the ability of
the aging services network to tailor social
engagement activities to meet the needs of
older individuals; and
(10) $5,000,000 to carry out section 417 of the OAA
(42 U.S.C. 3032f).
Amounts appropriated by this subsection shall remain available
until expended.
(b) Nonapplicability of Certain Requirements.--The non-
Federal contribution requirements under sections 304(d)(1)(D)
and 431(a) of the Older Americans Act of 1965 (42 U.S.C.
3024(d)(1)(D), 3033(a)), and section 373(h)(2) of such Act (42
U.S.C. 3030s-1(h)(2)), shall not apply to--
(1) any amounts made available under this section; or
(2) any amounts made available under section 2921 of
the American Rescue Plan Act of 2021 (Public Law 117-
2).
SEC. 25005. OFFICE OF THE INSPECTOR GENERAL OF THE DEPARTMENT OF HEALTH
AND HUMAN SERVICES.
In addition to amounts otherwise available, there is
appropriated to the Department of Health and Human Services for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available until
expended, for the Office of Inspector General of the Department
of Health and Human Services, for salaries and expenses
necessary for oversight, investigations, and audits of
programs, grants, and projects funded under subtitles D and F
of this title.
SEC. 25006. TECHNICAL ASSISTANCE CENTER FOR SUPPORTING DIRECT CARE AND
CAREGIVING.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Health and Human
Services, acting through the Administrator for the
Administration for Community Living, for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$5,000,000, to remain available until September 30, 2026, to
establish, directly or through grants, contracts, or
cooperative agreements, a national technical assistance center
(referred to in this section as the ``Center'') to--
(1) provide technical assistance for supporting
direct care workforce recruitment, education and
training, retention, career advancement, and for
supporting family caregivers and caregiving activities;
(2) develop and disseminate a set of replicable
models or evidence-based or evidence-informed
strategies or best practices for--
(A) recruitment, education and training,
retention, and career advancement of direct
care workers;
(B) reducing barriers to accessing direct
care services; and
(C) increasing access to alternatives to
direct care services, including assistive
technology, that reduce reliance on such
services;
(3) provide recommendations for education and
training curricula for direct care workers; and
(4) provide recommendations for activities to further
support paid and unpaid family caregivers, including
expanding respite care.
(b) Direct Care Worker Defined.--The term ``direct care
worker'' has the meaning given such term in section 22301.
TITLE III--COMMITTEE ON ENERGY AND COMMERCE
Subtitle A--Air Pollution
SEC. 30101. CLEAN HEAVY-DUTY VEHICLES.
(a) Appropriation.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Administrator
of the Environmental Protection Agency for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000,000, to remain available until
expended (except that no funds shall be disbursed after
September 30, 2031), to carry out section 132 of the
Clean Air Act, as added by subsection (b).
(2) Reservation.--Of the funds appropriated by
paragraph (1), the Administrator of the Environmental
Protection Agency shall reserve 3 percent for
administrative costs necessary to carry out section 132
of the Clean Air Act, as added by subsection (b).
(b) Amendment.--Part A of title I of the Clean Air Act (42
U.S.C. 7401 et seq.) is amended by adding at the end the
following:
``SEC. 132. CLEAN HEAVY-DUTY VEHICLES.
``(a) Program.--Beginning not later than 180 days after the
date of enactment of this section, the Administrator shall
implement a program to make awards of grants and rebates to
eligible recipients, and to make awards of contracts to
eligible contractors for providing rebates, for up to 100
percent of costs for--
``(1) replacing eligible vehicles with zero-emission
vehicles;
``(2) infrastructure needed to charge, fuel, or
maintain zero-emission vehicles;
``(3) workforce development and training to support
the maintenance, charging, fueling, and operation of
zero-emission vehicles; and
``(4) planning and technical activities to support
the adoption and deployment of zero-emission vehicles.
``(b) Applications.--To seek an award under this section, an
eligible recipient or eligible contractor shall submit to the
Administrator an application in such form and manner as the
Administrator shall prescribe.
``(c) Allocation.--Of any amount appropriated to carry out
this section, no less than 40 percent shall be used for awards
to eligible recipients proposing to replace eligible vehicles
to serve one or more communities located in an air quality area
designated pursuant to section 107 as nonattainment for any air
pollutant.
``(d) Definitions.--For purposes of this section:
``(1) Eligible contractor.--The term `eligible
contractor' means a contractor that is a for-profit or
nonprofit entity that has the capacity--
``(A) to sell zero-emission vehicles, or
charging or other equipment needed to charge,
fuel, or maintain zero-emission vehicles, to
individuals or entities that own an eligible
vehicle; or
``(B) to arrange financing for such a sale.
``(2) Eligible recipient.--The term `eligible
recipient' means--
``(A) a State or local governmental entity;
``(B) an Indian Tribe (as defined in section
302);
``(C) a nonprofit school transportation
association; or
``(D) an eligible contractor.
``(3) Eligible vehicle.--The term `eligible vehicle'
means a Class 6 or Class 7 heavy-duty vehicle as
defined in section 1037.801 of title 40, Code of
Federal Regulations (as in effect on the date of
enactment of this section).
``(4) Zero-emission vehicle.--The term `zero-emission
vehicle' means a vehicle that has a drivetrain that
produces, under any possible operational mode or
condition, zero exhaust emission of--
``(A) any air pollutant that is listed
pursuant to section 108(a) (or any precursor to
such an air pollutant); and
``(B) any greenhouse gas.''.
SEC. 30102. GRANTS TO REDUCE AIR POLLUTION AT PORTS.
Part A of title I of the Clean Air Act (42 U.S.C. 7401 et
seq.), as amended, is further amended by adding at the end the
following:
``SEC. 133. GRANTS TO REDUCE AIR POLLUTION AT PORTS.
``(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,500,000,000, to remain available
until expended (except that no funds shall be disbursed after
September 30, 2031), to award rebates and grants to eligible
recipients on a competitive basis to--
``(1) purchase or install zero-emissions port
equipment and technology for use at, or to directly
serve, one or more ports;
``(2) conduct any relevant planning or permitting in
connection with such zero-emissions port equipment and
technology; and
``(3) develop qualified climate action plans.
``(b) Reservation.--Of the funds made available by this
section, $875,000,000 shall be reserved for awards to eligible
recipients to carry out activities with respect to ports
located in nonattainment areas for any air pollutant.
``(c) Limitation.--Funds awarded under this section shall not
be used--
``(1) to purchase fully automated cargo-handling
equipment or terminal infrastructure that is designed
for fully automated cargo-handling equipment; or
``(2) by any recipient or sub-recipient to perform
construction, alteration, installation, or repair work
that is not located at, or does not directly serve, the
one or more ports involved.
``(d) Administration of Funds.--Of the funds made available
by this section, the Administrator shall reserve 2 percent for
administrative costs necessary to carry out this section.
``(e) Definitions.--For purposes of this section:
``(1) Eligible recipient.--The term `eligible
recipient' means--
``(A) a port authority;
``(B) a State, regional, local, or Tribal
agency that has jurisdiction over a port
authority or a port;
``(C) an air pollution control agency; or
``(D) a private entity (including any
nonprofit organization) that--
``(i) applies for a grant under this
section in partnership with an entity
described in subparagraphs (A), (B), or
(C); and
``(ii) owns, operates, or uses the
facilities, cargo-handling equipment,
transportation equipment, or related
technology of a port.
``(2) Qualified climate action plan.--The term
`qualified climate action plan' means a detailed and
strategic plan that--
``(A) establishes goals, implementation
strategies, and accounting and inventory
practices (including practices used to measure
progress towards stated goals) to reduce
emissions at one or more ports of--
``(i) greenhouse gases;
``(ii) any air pollutant that is
listed pursuant to section 108(a) (or
any precursor to such an air
pollutant); and
``(iii) hazardous air pollutants; and
``(B) includes a strategy to collaborate
with, communicate with, and address potential
effects on stakeholders that may be affected by
implementation of such plan, including low-
income and disadvantaged near-port communities.
``(3) Zero-emissions port equipment and technology.--
The term `zero-emissions port equipment and technology'
means any equipment or technology that--
``(A) produces zero emissions of any air
pollutant that is listed pursuant to section
108(a) (or any precursor to such an air
pollutant) and any greenhouse gas other than
water vapor; or
``(B) captures 100 percent of such emissions
produced by an ocean-going vessel at berth.''.
SEC. 30103. GREENHOUSE GAS REDUCTION FUND.
Part A of title I of the Clean Air Act (42 U.S.C. 7401 et
seq.), as amended, is further amended by adding at the end the
following:
``SEC. 134. GREENHOUSE GAS REDUCTION FUND.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated--
``(1) $7,495,000,000 to the Administrator, to remain
available until expended (except that no funds shall be
disbursed after September 30, 2026), to make grants, on
a competitive basis and not later than 180 calendar
days after the date of enactment of this section, to
States, units of local government, the District of
Columbia, territories of the United States, Tribal
governments, and eligible recipients for the purposes
of providing financial and technical assistance to
enable low-income and disadvantaged communities to
deploy zero-emission technologies, including
distributed zero-emission technologies on residential
rooftops, and to carry out other greenhouse gas
emission reduction activities, as determined
appropriate by the Administrator in accordance with
this section;
``(2) $19,995,000,000 to the Administrator, to remain
available until expended (except that no funds shall be
disbursed after September 30, 2026), to make grants, on
a competitive basis and not later than 180 calendar
days after the date of enactment of this section, to
eligible recipients, of which $8,000,000,000 shall be
used to provide financial assistance in low-income and
disadvantaged communities; and
``(3) $10,000,000 to the Administrator, to remain
available until expended (except that no funds shall be
disbursed after September 30, 2031), for the
administrative costs necessary to carry out activities
under this section.
``(b) Use of Funds.--An eligible recipient that receives a
grant pursuant to subsection (a) shall operate in accordance
with the following:
``(1) Direct investment.--An eligible recipient
shall--
``(A) use a broad range of finance and
investment tools to provide financial
assistance to qualified projects at the
national, regional, State, and local levels,
including, as applicable, through both
concessionary and market rate financing;
``(B) prioritize investment in qualified
projects that would otherwise lack access to
financing;
``(C) retain, manage, recycle, and monetize
all repayments and other revenue received from
fees, interest, repaid loans, and all other
types of financial assistance provided using
grant funds under this section to ensure
continued operability; and
``(D) meet any requirements set forth by the
Administrator to ensure accountability and
proper management of funds appropriated by this
section.
``(2) Indirect investment.--An eligible recipient
shall provide financial and technical assistance to
establish new or support existing public, quasi-public,
or nonprofit entities that provide financial assistance
to qualified projects at the State, local, territorial,
or Tribal level or in the District of Columbia,
including community- and low-income-focused lenders and
capital providers.
``(c) Definitions.--In this section:
``(1) Eligible recipient.--The term `eligible
recipient' means a nonprofit organization that--
``(A) is designed to provide capital,
including by leveraging private capital, and
other forms of financial assistance for the
rapid deployment of low- and zero-emission
products, technologies, and activities;
``(B) does not take deposits, other than from
repayments and other revenue received from
financial assistance provided using grant funds
under this section;
``(C) is funded by public or charitable
contributions; and
``(D) invests in or finances projects alone
or in conjunction with other investors.
``(2) Qualified project.--The term `qualified
project' includes any low- or zero-emission project,
technology, or activity that--
``(A) reduces or avoids greenhouse gas
emissions and other forms of air pollution in
partnership with, and by leveraging investment
from, the private sector; or
``(B) assists communities in the efforts of
those communities to reduce or avoid greenhouse
gas emissions and other forms of air pollution.
``(3) Zero-emission technology.--The term `zero-
emission technology' means any technology that produces
zero emissions of--
``(A) any air pollutant that is listed
pursuant to section 108(a) (or any precursor to
such an air pollutant); and
``(B) any greenhouse gas.''.
SEC. 30104. COLLABORATIVE COMMUNITY WILDFIRE AIR GRANTS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $150,000,000, to remain
available until expended (except that no funds shall be
disbursed after September 30, 2031), for grants authorized
under section 103 of the Clean Air Act (42 U.S.C. 7403) to
assist eligible entities in developing and implementing
collaborative community plans to prepare for smoke from
wildfires, reduce risks of smoke exposure due to wildfires, and
mitigate the health and environmental effects of smoke from
wildfires.
(b) Technical Assistance.--The Administrator of the
Environmental Protection Agency may use amounts made available
under subsection (a) to provide technical assistance to any
eligible entity in--
(1) submitting an application for a grant to be made
pursuant to this section; or
(2) carrying out a project using a grant made
pursuant to this section.
(c) Administrative Costs.--Of the amounts made available
under subsection (a), the Administrator of the Environmental
Protection Agency shall reserve 7.5 percent for administrative
costs to carry out this section.
(d) Eligible Entities.--In this section, the term ``eligible
entity'' means a State, a territory, a unit of local government
(including any special district, such as an air quality
management district), or an Indian Tribe.
SEC. 30105. DIESEL EMISSIONS REDUCTIONS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $170,000,000, to remain
available until expended (except that no funds shall be
disbursed after September 30, 2031), to address diesel
emissions, of which--
(1) $100,000,000 shall be for grants, rebates, loans,
and other Environmental Protection Agency activities
under subtitle G of title VII of the Energy Policy Act
of 2005 (42 U.S.C. 16131 through 16137) to identify and
reduce diesel emissions resulting from goods movement
facilities, and vehicles servicing goods movement
facilities, in low-income and disadvantaged communities
to address the health impacts of such emissions on such
communities;
(2) $50,000,000 shall be for grants, rebates, loans,
and other Environmental Protection Agency activities
under subtitle G of title VII of the Energy Policy Act
of 2005; and
(3) $20,000,000 shall be for grants, rebates, loans,
and other Environmental Protection Agency activities
under subtitle G of title VII of the Energy Policy Act
of 2005 to identify and reduce diesel emissions in low-
income and disadvantaged communities to address the
health impacts of such emissions on such communities.
(b) Administrative Costs.--The Administrator of the
Environmental Protection Agency shall reserve 5 percent of the
amounts made available under subsection (a) for the
administrative costs necessary to carry out activities pursuant
to such subsection.
SEC. 30106. FUNDING TO ADDRESS AIR POLLUTION.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $320,000,000, to remain
available until expended (except that no funds shall be
disbursed after September 30, 2031), to address air pollution,
of which--
(1) $265,000,000 shall be for grants and other
activities authorized under sections 102, 103, and 105
of the Clean Air Act (42 U.S.C. 7402, 7403, and 7405),
of which--
(A) $122,000,000 shall be to deploy,
integrate, support, and maintain fenceline
monitoring and screening air monitoring,
including national air toxics trend stations
and other air toxics and community monitoring;
(B) $75,000,000 shall be to expand the
national ambient air quality monitoring network
with new multipollutant monitoring stations and
to replace, repair, operate, and maintain
existing monitors;
(C) $3,000,000 shall be to deploy, integrate,
and operate air quality sensors in low-income
and disadvantaged communities; and
(D) $15,000,000 shall be for testing and
other agency activities to address emissions
from wood heaters; and
(E) $50,000,000 shall be for monitoring
emissions of methane;
(2) $50,000,000 shall be to carry out, with respect
to greenhouse gases, sections 111, 115, 169, 177, 202,
211, 213, 231, and 612, and other sections of the Clean
Air Act (42 U.S.C. 7411, 7415, 7479, 7507, 7521, 7545,
7547, 7571, 7671k, and others); and
(3) $5,000,000 shall be to provide grants to States
to adopt and implement greenhouse gas and zero-emission
standards for mobile sources pursuant to section 177 of
the Clean Air Act (42 U.S.C. 7507).
(b) Administration of Funds.--Of the funds made available
pursuant to subsection (a)(1), the Administrator of the
Environmental Protection Agency shall reserve 5 percent for
activities funded pursuant to such subsection other than
grants.
SEC. 30107. FUNDING TO ADDRESS AIR POLLUTION AT SCHOOLS.
In addition to amounts otherwise available, there is
appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $50,000,000, to remain
available until expended, for grants, rebates, contracts, and
other activities to monitor and reduce air pollution and
greenhouse gas emissions at schools in low-income and
disadvantaged communities under subsections (a) through (c) of
section 103 of the Clean Air Act (42 U.S.C. 7403) and section
105 of that Act (42 U.S.C. 7405), of which the Administrator
shall reserve not less than 25 percent for technical assistance
to such schools--
(1) to address environmental issues;
(2) to develop school environmental quality plans
that include standards for school building, design,
construction, and renovation; and
(3) to identify and mitigate ongoing air pollution
hazards.
SEC. 30108. LOW EMISSIONS ELECTRICITY PROGRAM.
Part A of title I of the Clean Air Act (42 U.S.C. 7401 et
seq.), as amended, is further amended by adding at the end the
following:
``SEC. 135. LOW EMISSIONS ELECTRICITY PROGRAM.
``(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available until
expended (except that no funds shall be disbursed after
September 30, 2031), to carry out this section.
``(b) Use of Funds.--Of the amounts made available by
subsection (a), the Administrator shall use--
``(1) not less than $10,000,000 for consumer-related
education and partnerships with respect to reductions
in greenhouse gas emissions that result from domestic
electricity generation and use;
``(2) not less than $10,000,000 for education,
technical assistance, and partnerships within low-
income and disadvantaged communities with respect to
reductions in greenhouse gas emissions that result from
domestic electricity generation and use;
``(3) not less than $10,000,000 for industry-related
outreach and technical assistance, including through
partnerships, with respect to reductions in greenhouse
gas emissions that result from domestic electricity
generation and use;
``(4) not less than $10,000,000 for outreach and
technical assistance to State and local governments,
including through partnerships, with respect to
reductions in greenhouse gas emissions that result from
domestic electricity generation and use;
``(5) not less than $1,000,000 to assess, not later
than the date that is 1 year after the date of
enactment of this section, the reductions in greenhouse
gas emissions that result from changes in domestic
electricity generation and use that are anticipated to
occur on an annual basis through fiscal year 2031; and
``(6) not less than $20,000,000 to carry out this
section to ensure that the anticipated reductions in
greenhouse gas emissions from domestic electricity
generation and use as assessed under paragraph (5) are
achieved through use of the authorities of this Act,
including through the establishment of requirements
under this Act.''.
SEC. 30109. FUNDING FOR SECTION 211 OF THE CLEAN AIR ACT.
In addition to amounts otherwise available, there is
appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $15,000,000, to remain
available until expended, to carry out section 211 of the Clean
Air Act (42 U.S.C. 7545), of which--
(1) not less than $5,000,000 shall be for the
development and establishment of tests and protocols
regarding the environmental and public health effects
of a fuel or fuel additive; internal and extramural
data collection and analyses to regularly update
applicable regulations, guidance, and procedures for
determining lifecycle greenhouse gas emissions of a
fuel; and the review, analysis and evaluation of the
impacts of all transportation fuels, including fuel
lifecycle implications, on the general public and on
low-income and disadvantaged communities; and
(2) not less than $5,000,000 shall be for new grants
to industry and other related activities to support
investments in advanced biofuels.
SEC. 30110. FUNDING FOR IMPLEMENTATION OF THE AMERICAN INNOVATION AND
MANUFACTURING ACT.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $42,000,000, to remain
available until September 30, 2026, to carry out section 103 of
division S of Public Law 116-260, of which--
(1) $3,500,000 shall be to deploy new implementation
and compliance tools; and
(2) $15,000,000 shall be for competitive grants for
reclaim and innovative destruction technologies.
(b) Administration of Funds.--Of the funds made available
pursuant to subsection (a)(2), the Administrator of the
Environmental Protection Agency shall reserve 5 percent for
administrative costs of carrying out such section 103.
SEC. 30111. FUNDING FOR ENFORCEMENT TECHNOLOGY AND PUBLIC INFORMATION.
In addition to amounts otherwise available, there is
appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $50,000,000, to remain
available until expended (except that no funds shall be
disbursed after September 30, 2031), to address air pollution,
of which--
(1) $37,000,000 shall be to update Integrated
Compliance Information System of the Environmental
Protection Agency and any associated systems, necessary
information technology infrastructure, or public access
software tools to ensure access to compliance data and
related information;
(2) $7,000,000 shall be for grants to States, Indian
Tribes, and air pollution control agencies (as such
terms are defined in section 302 of the Clean Air Act
(42 U.S.C. 7602)) to update their systems to ensure
communication with such Integrated Compliance
Information System and any associated systems; and
(3) $6,000,000 shall be to acquire or update
inspection software for use by the Environmental
Protection Agency, States, Indian Tribes, and air
pollution control agencies (as such terms are defined
in section 302 of the Clean Air Act (42 U.S.C. 7602)),
or to acquire necessary devices on which to run such
inspection software.
SEC. 30112. GREENHOUSE GAS CORPORATE REPORTING.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency Office of
Air and Radiation for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $5,000,000, to remain
available until expended (except that no funds shall be
disbursed after September 30, 2031), for the Environmental
Protection Agency to support--
(1) enhanced standardization and transparency of
corporate climate action commitments and plans to
reduce greenhouse gas emissions;
(2) enhanced transparency regarding progress toward
meeting such commitments and implementing such plans;
and
(3) progress toward meeting such commitments and
implementing such plans.
SEC. 30113. ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $250,000,000, to remain
available until expended (except that no funds shall be
disbursed after September 30, 2031), to develop and carry out a
program, to be known as the Environmental Product Declaration
Assistance Program, to support the development, and enhanced
standardization and transparency, of environmental product
declarations for construction materials and products, including
by--
(1) providing grants to businesses that manufacture
construction materials and products for developing and
verifying environmental product declarations;
(2) providing technical assistance to businesses that
manufacture construction materials and products in
developing and verifying environmental product
declarations; and
(3) carrying out other activities that assist in
measuring and steadily reducing the quantity of
embodied carbon of construction materials and products.
(b) Administration of Funds.--Of the amounts made available
under this section, the Administrator of the Environmental
Protection Agency shall reserve 7.5 percent for administrative
costs necessary to carry out this section.
(c) Definitions.--In this section:
(1) Embodied carbon.--The term ``embodied carbon''
means the quantity of greenhouse gas emissions
associated with all relevant stages of production of a
material or product, measured in kilograms of carbon
dioxide-equivalent per unit of such material or
product.
(2) Environmental product declaration.--The term
``environmental product declaration'' means a document
that reports the environmental impact of a material or
product that--
(A) includes measurement of the embodied
carbon of the material or product;
(B) conforms with international standards,
such as a Type III environmental product
declaration, as defined by the International
Organization for Standardization standard
14025; and
(C) is developed in accordance with any
standardized reporting criteria specified by
the Administrator of the Environmental
Protection Agency.
SEC. 30114. ENVIRONMENTAL PROTECTION AGENCY METHANE FEE.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$75,000,000, to remain available until expended (except that no
funds shall be disbursed after September 30, 2024), to carry
out section 136 of the Clean Air Act, as added by this section.
(b) Amendment.--Part A of title I of the Clean Air Act (42
U.S.C. 7401 et seq.), as amended, is further amended by adding
at the end the following:
``SEC. 136. METHANE FEE FROM PETROLEUM AND NATURAL GAS SYSTEMS.
``(a) In General.--The Administrator shall impose and collect
a fee from the owner or operator of each applicable facility
that is required to report methane emissions pursuant to
subpart W of part 98 of title 40, Code of Federal Regulations
(or any successor regulations).
``(b) Applicable Facility.--For purposes of this section, the
term `applicable facility' means a facility within the
following industry segments, as defined in subpart W of part 98
of title 40, Code of Federal Regulations (or any successor
regulations):
``(1) Offshore petroleum and natural gas production.
``(2) Onshore petroleum and natural gas production.
``(3) Natural gas processing,
``(4) Natural gas transmission and compression.
``(5) Underground natural gas storage.
``(6) Liquefied natural gas storage.
``(7) Liquefied natural gas import and export
equipment.
``(8) Onshore petroleum and natural gas gathering and
boosting.
``(9) Onshore natural gas transmission pipeline
``(c) Fee Amount.--The amount of a fee imposed and collected
under subsection (a) for an applicable facility shall be equal
to the product obtained by multiplying--
``(1) subject to subsection (d), the number of tons
of methane reported for the applicable facility
pursuant to subpart W of part 98 of title 40, Code of
Federal Regulations (or any successor regulations),
during the previous reporting period; and
``(2) $1500.
``(d) Intensity Threshold.--
``(1) Petroleum and natural gas production.--With
respect to imposing and collecting the fee under
subsection (a) for an applicable facility in an
industry segment listed in paragraph (1) or (2) of
subsection (b), the Administrator shall impose and
collect the fee on the reported tons of methane
emissions that exceed 0.20 percent of the natural gas
sent to sale from such facility.
``(2) Nonproduction petroleum and natural gas
systems.--With respect to imposing and collecting the
fee under subsection (a) for an applicable facility in
an industry segment listed in paragraph (3), (5), (6),
(7), or (8) of subsection (b), the Administrator shall
impose and collect the fee on the reported tons of
methane emissions that exceed 0.05 percent of the
natural gas sent to sale from such facility.
``(3) Natural gas transmission.--With respect to
imposing and collecting the fee under subsection (a)
for an applicable facility in an industry segment
listed in paragraph (4) or (9) of subsection (b), the
Administrator shall impose and collect the fee on the
reported tons of methane emissions that exceed 0.11
percent of the natural gas sent to sale from such
facility.
``(e) Period.--The fee under subsection (a) shall be imposed
and collected beginning with respect to emissions reported for
calendar year 2023 and for each year thereafter.
``(f) Implementation.--In addition to other authorities in
this Act addressing air pollution from the oil and natural gas
sectors, the Administrator may issue guidance or regulations as
necessary to carry out this section.
``(g) Reporting.--Not later than 2 years after the date of
enactment of this section, and as necessary thereafter, the
Administrator shall revise the requirements of subpart W of
part 98 of title 40, Code of Federal Regulations--
``(1) to reduce the facility emissions threshold for
reporting under such subpart and for paying the fee
imposed under this section to 10,000 metric tons of
carbon dioxide equivalent of greenhouse gases emitted
per year; and
``(2) to ensure the reporting under such subpart, and
calculation of fees under subsection (c) of this
section, are based on empirical data and accurately
reflect the total methane emissions from the applicable
facilities.
``(h) Liability for Fee Payment.--A facility owner or
operator's liability for payment of the fee under subsection
(a) is not affected in any way by emission standards, permit
fees, penalties, or other requirements under this Act or any
other legal authorities.
``(i) Use of Proceeds.--
``(1) Transfer of funds.--For each applicable fiscal
year, the Secretary of the Treasury shall, without
further appropriation, transfer to the Administrator an
amount equal to 75 percent of the amounts received
during the preceding fiscal year as a result of the
methane fee in subsection (a).
``(2) Use of funds.--The Administrator shall, without
further appropriation, use the amounts transferred
under paragraph (1) (except that no funds shall be
disbursed after September 30, 2028)--
``(A) to cover all direct and indirect costs
required to develop and administer this
section, including the costs of--
``(i) implementing the fee;
``(ii) continuous emissions and
ambient methane and other greenhouse
gas monitoring;
``(iii) preparing generally
applicable regulations, or guidance;
``(iv) modeling, analyses, and
demonstrations; and
``(v) preparing inventories,
gathering empirical data, and tracking
emissions;
``(B) for grants, rebates, contracts and
other activities of the Environmental
Protection Agency for the purposes of providing
financial and technical assistance to owners
and operators of applicable facilities
preparing and submitting greenhouse gas reports
under subpart W of part 98 of title 40, Code of
Federal Regulations (or successor regulations);
``(C) for grants, rebates, contracts, and
other activities of the Environmental
Protection Agency authorized under section 103
for methane emissions monitoring; and
``(D) for grants, rebates, contracts, and
other activities of the Environmental
Protection Agency for the purposes of providing
financial and technical assistance to reduce
methane and other greenhouse gas emissions from
petroleum and natural gas systems, mitigate
legacy air pollution from petroleum and natural
gas systems, and provide support for
communities, including funding for--
``(i) improving climate resiliency of
communities and petroleum and natural
gas systems;
``(ii) improving and deploying
industrial equipment and processes that
reduce methane and other greenhouse gas
emissions;
``(iii) supporting innovation in
reducing methane and other greenhouse
gas emissions from petroleum and
natural gas systems;
``(iv) mitigating health effects of
methane and other greenhouse gas
emissions, and legacy air pollution
from petroleum and natural gas systems
in low-income and disadvantaged
communities; and
``(v) supporting environmental
restoration.''.
Subtitle B--Hazardous Materials
SEC. 30201. SUPERFUND INVESTMENTS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $10,000,000,000, to remain
available until expended, for response actions carried out by
Federal agencies, consistent with section 120 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620) at Federal facilities
included on the National Priority List published pursuant to
section 105 of such Act (42 U.S.C. 9605), which shall
supplement, not supplant, individual agency appropriations for
such response actions.
SEC. 30202. FUNDING TO ADDRESS TOXICS IN SCHOOLS.
In addition to amounts otherwise available, there is
appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $50,000,000, to remain
available until expended, for grants, contracts, and other
activities to reduce pollution at schools in low-income and
disadvantaged communities under title V of the Toxic Substances
Control Act (15 U.S.C. 2695 et seq.).
SEC. 30203. GRANTS TO REDUCE WASTE IN COMMUNITIES.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $750,000,000, to remain
available until expended (except that no funds shall be
disbursed after September 30, 2031), to make grants, on a
competitive basis, to eligible recipients to--
(1) minimize the amount of waste generated from
manufacturing processes or when consumer products are
disposed of, including by encouraging product or
manufacturing redesign or redevelopment that reduces
packaging and waste byproducts;
(2) construct, expand, or modernize infrastructure
for organics recycling and reuse, including any
facility, machinery, or equipment used to collect and
process organic material;
(3) create market demand or manufacturing capacity
for recovered, recyclable, or recycled commodities and
products;
(4) support projects and programs that reduce food
waste; or
(5) support the development and implementation of
activities that reduce the amount of waste disposed of
in landfills, including--
(A) expanding the availability of curbside
organic waste collection;
(B) encouraging diversion of organic waste
from landfills; or
(C) increasing fees imposed on the disposal
of waste, including organic waste, at
landfills.
(b) Reservation.--Of the funds made available under this
section, the Administrator of the Environmental Protection
Agency shall reserve $300,000,000 for grants for projects in
low-income or disadvantaged communities.
(c) Administration of Funds.--Of the funds made available
under this section, the Administrator of the Environmental
Protection Agency shall reserve 2 percent for administrative
costs to carry out this section.
(d) Definition of Eligible Recipient.--In this section, the
term ``eligible recipient'' means--
(1) a single unit of State, local, or Tribal
government;
(2) a partnership of multiple units of State, local,
or Tribal governments;
(3) a partnership of one or more units of State,
local, or Tribal governments and one or more for-profit
or nonprofit organizations; or
(4) a nonprofit organization or a partnership of
nonprofit organizations.
SEC. 30204. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$5,000,000,000, to remain available until expended (except that
no funds shall be disbursed after September 30, 2031), to carry
out this section.
(b) Grants.--
(1) In general.--The Administrator of the
Environmental Protection Agency may use amounts made
available under subsection (a) to award grants for
periods of up to 3 years to eligible entities to carry
out activities described in paragraph (2) that benefit
disadvantaged communities, as defined by the
Administrator.
(2) Eligible activities.--An eligible entity may use
a grant awarded under this subsection for--
(A) investments in community low-emission,
zero-emission, and emission-reducing
infrastructure, including construction of such
infrastructure;
(B) climate resiliency, mitigation, and
adaptation projects, including projects related
to urban heat islands, extreme heat, wood
heater emissions, and wildfire events;
(C) community-led pollution monitoring,
prevention, and remediation, including any
necessary job training programs;
(D) reducing indoor toxics and indoor air
pollution;
(E) facilitating engagement of disadvantaged
communities in State and Federal public
processes, including facilitating such
engagement in advisory groups, workshops, and
rulemakings; or
(F) any other activity the Administrator of
the Environmental Protection Agency determines
appropriate.
(3) Eligible entities.--In this subsection, the term
``eligible entity'' means--
(A) a partnership between an Indian Tribe, a
local government, or an institution of higher
education and a community-based nonprofit
organization;
(B) a community-based nonprofit organization;
or
(C) a partnership of community-based
nonprofit organizations.
(4) Priority.--In awarding grants under this
subsection, the Administrator of the Environmental
Protection Agency shall give priority to eligible
entities described in subparagraph (B) or (C) of
paragraph (3).
(c) Technical Assistance.--The Administrator of the
Environmental Protection Agency shall reserve $500,000,000 of
the amounts made available under subsection (a) for grants or
contracts for technical assistance throughout the United States
related to grants awarded in this section.
Subtitle C--Drinking Water
SEC. 30301. LEAD SERVICE LINE REPLACEMENT.
(a) In General.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $30,000,000,000, to
make capitalization grants under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12), to remain available
until expended, for full lead service line replacement projects
and associated activities directly connected to the
identification, planning, design, and full replacement of lead
service lines, of which $20,000,000,000 shall be for subsidies
to disadvantaged communities (as defined in subsection (d)(3)
of such section) in the form of loans, with 100 percent
forgiveness of principal, or grants, notwithstanding subsection
(d)(2) of such section.
(b) Prohibition on Partial Line Replacement.--No funds made
available under this section may be used for partial
replacement of lead service lines.
(c) No Leveraging.--Funds made available under this section
may not be used as a source of payment of, or security for
(directly or indirectly), in whole or in part, any obligation
the interest on which is exempt from the tax imposed under
chapter 1 of the Internal Revenue Code of 1986.
SEC. 30302. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, to remain
available until expended, for grants under section 1433(g) of
the Safe Drinking Water Act (42 U.S.C. 300i-2(g)).
SEC. 30303. GRANTS FOR STATE PROGRAMS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until expended, for grants under section 1443 of the
Safe Drinking Water Act (42 U.S.C. 300j-2).
SEC. 30304. ASSISTANCE FOR COLONIAS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until expended, for grants under section 1456 of the
Safe Drinking Water Act (42 U.S.C. 300j-16).
SEC. 30305. GRANTS TO REDUCE LEAD IN SCHOOL DRINKING WATER.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $700,000,000, to remain
available until expended, for grants under sections 1464 and
1465 of the Safe Drinking Water Act (42 U.S.C. 300j-24 and
300j-25), of which--
(1) $420,000,000 shall be for grants for the
installation and maintenance of lead filtration
stations at schools and child care programs;
(2) $150,000,000 shall be for grants under section
1464(d); and
(3) $50,000,000 shall be for grants under section
1465(b)(1) to pay the costs of replacement of drinking
water fountains in schools.
SEC. 30306. GRANTS FOR INDIAN RESERVATION DRINKING WATER
INFRASTRUCTURE.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until expended, to implement eligible projects under
section 2001 of America's Water Infrastructure Act of 2018 (42
U.S.C. 300j-3c note), notwithstanding the geographic
limitations in that section.
SEC. 30307. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until expended, for grants under section 2020 of
America's Water Infrastructure Act of 2018 (42 U.S.C. 300j-12
note), of which, notwithstanding subsection (a)(2) of such
section, $10,000,000 shall be available to make grants to Guam,
the Virgin Islands, American Samoa, and the Northern Mariana
Islands for the purposes of providing assistance to eligible
systems to restore or increase compliance with national primary
drinking water regulations in an underserved area.
SEC. 30308. ASSISTANCE FOR DISADVANTAGED COMMUNITIES.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $200,000,000, to remain
available until expended, for grants under section 1459A(b) of
the Safe Drinking Water Act (42 U.S.C. 300j-19a(b)).
SEC. 30309. GRANTS FOR CONTAMINANT MONITORING.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until expended, to make grants to pay for the costs
of monitoring required under section 1445(a)(2) of the Safe
Drinking Water Act (42 U.S.C. 300j-4(a)(2)).
SEC. 30310. TECHNICAL ASSISTANCE TO SMALL PUBLIC WATER SYSTEMS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until expended, to provide technical assistance under
section 1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
1(e)).
SEC. 30311. FUNDING FOR WATER ASSISTANCE PROGRAM.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'') for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $500,000,000, to remain available until
expended, for grants to States and Indian Tribes to assist low-
income households, particularly those with the lowest incomes,
that pay a high proportion of household income for drinking
water and wastewater services, by providing funds to owners or
operators of public water systems or treatment works to reduce
arrearages of and rates charged to such households for such
services.
(b) Allotment.--The Secretary shall--
(1) allot amounts appropriated in this section to a
State or Indian Tribe based on--
(A) the percentage of households in the
State, or under the jurisdiction of the Indian
Tribe, with annual income equal to or less than
150 percent of the Federal poverty line; and
(B) the percentage of households in the
State, or under the jurisdiction of the Indian
Tribe, that spend more than 30 percent of
monthly income on housing; and
(2) reserve up to 3 percent of the amount
appropriated in this section for Indian Tribes and
Tribal organizations.
(c) Definition.--In this section, the term ``State'' means
each of the 50 States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa,
Guam, the Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
Subtitle D--Energy
PART 1--CLEAN ELECTRICITY PERFORMANCE PROGRAM
SEC. 30411. CLEAN ELECTRICITY PERFORMANCE PROGRAM.
(a) Appropriation.--
(1) Administration.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Energy for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $250,000,000, to
remain available until September 30, 2031 (except that
no funds shall be disbursed after September 30, 2031),
for the administrative expenses of carrying out section
224 of the Federal Power Act (as added by this
section).
(2) Grants.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Energy for each of fiscal years 2023 through 2031, out
of any money in the Treasury not otherwise
appropriated, such sums as are necessary to issue
grants under section 224 of the Federal Power Act (as
added by this section) (except that no funds shall be
disbursed after September 30, 2031).
(b) Program.--Part II of the Federal Power Act is amended by
adding after section 223 (16 U.S.C. 824w) the following:
``SEC. 224. CLEAN ELECTRICITY PERFORMANCE PROGRAM.
``(a) Establishment of Program.--Not later than 1 year after
the date of enactment of this section, the Secretary shall
establish a program to--
``(1) issue grants for each of calendar years 2023
through 2030 to eligible electricity suppliers in
accordance with this section; and
``(2) collect payments for each of calendar years
2023 through 2030 from eligible electricity suppliers
in accordance with this section.
``(b) Grants to Eligible Electricity Suppliers.--
``(1) Eligibility for grants.--
``(A) In general.--Except as provided in
subparagraph (B), an eligible electricity
supplier shall be eligible for a grant under
this section for a performance year if the
certified clean electricity percentage of the
eligible electricity supplier for that
performance year is increased by at least 4
percentage points from the greater of--
``(i) the highest certified clean
electricity percentage of the eligible
electricity supplier for any year prior
to that performance year; or
``(ii) the baseline clean electricity
percentage of the eligible electricity
supplier.
``(B) Adjustment.--With respect to a
performance year in which an eligible
electricity supplier submitted a payment under
this section for the year prior to that
performance year, the eligible electricity
supplier shall be eligible for a grant under
this section if the certified clean electricity
percentage of the eligible electricity supplier
for that performance year is increased by at
least--
``(i) the number of percentage points
described in subparagraph (A); plus
``(ii) the number of percentage
points that equals the sum described in
subsection (c)(2)(B) for the year for
which the payment was submitted.
``(2) Grant calculation.--Except as provided in
subsection (d), the Secretary shall issue to an
eligible electricity supplier a grant under this
section for a performance year in an amount equal to
$150 for each megawatt-hour of qualified clean
electricity validly claimed by the eligible electricity
supplier under subsection (e)(1)(A)(i) for that
performance year that exceeds the sum of--
``(A) the product obtained by multiplying--
``(i) the total load of the eligible
electricity supplier for that
performance year; and
``(ii) 0.015; and
``(B) the greater of--
``(i) the largest quantity of
megawatt-hours of qualified clean
electricity claimed by the eligible
electricity supplier under subsection
(e)(1)(A)(i) for any year prior to that
performance year; or
``(ii) the quantity of megawatt-hours
represented by the baseline clean
electricity percentage of the eligible
electricity supplier.
``(3) Initial grants.--In calculating a grant for
performance year 2023, the product described in
paragraph (2)(A) shall be obtained by substituting
0.025 for 0.015.
``(c) Payments.--
``(1) In general.--Except as provided in paragraph
(3) and subsection (d), the Secretary shall collect a
payment for a performance year in accordance with this
subsection from each eligible electricity supplier that
does not have a certified clean electricity percentage
for that performance year that is increased by at least
4 percentage points above the greater of--
``(A) the highest certified clean electricity
percentage of the eligible electricity supplier
from any year prior to that performance year;
or
``(B) the baseline clean electricity
percentage of the eligible electricity
supplier.
``(2) Payment calculation.--For each eligible
electricity supplier, the payment described in
paragraph (1) shall be equal to the dollar amount that
is the product obtained by multiplying--
``(A) $40; and
``(B) the quantity of megawatt-hours that
represents the percentage of the total
electricity load of the eligible electricity
supplier for the performance year that is
represented by the number that equals the sum
of--
``(i) 4; plus
``(ii) the number that is equal to--
``(I) the greater of--
``(aa) the highest
certified clean
electricity percentage
of the eligible
electricity supplier
for any year prior to
that performance year;
or
``(bb) the baseline
clean electricity
percentage of the
eligible electricity
supplier; minus
``(II) the certified clean
electricity percentage of the
eligible electricity supplier
for that performance year.
``(3) Exception.--The Secretary shall not collect a
payment for a performance year from an eligible
electricity supplier that has a certified clean
electricity percentage for that performance year that
is 85 percent or greater, subject to the condition that
the certified clean electricity percentage of the
eligible electricity supplier for that performance year
is not less than the certified clean electricity
percentage of the eligible electricity supplier for the
year prior to that performance year.
``(4) Deadline.--The Secretary shall collect a
payment under this section from an eligible electricity
supplier not later than 6 months after the date on
which the eligible electricity supplier submits the
applicable certification under subsection (e)(1)(A)(i).
``(5) Restriction.--An eligible electricity supplier
may not recover the cost of a payment submitted under
this section from any person other than the
shareholders or owners of the eligible electricity
supplier.
``(d) Deferral of Grants and Payments.--
``(1) In general.--Subject to paragraph (2), with
respect to any of calendar years 2023 through 2029, an
eligible electricity supplier may elect to defer a
grant or a payment for the calendar year, and shall
notify the Secretary of such election at such time and
in such form as the Secretary requires.
``(2) Limitation.--An eligible electricity supplier
may not make an election described in paragraph (1) for
a calendar year if the eligible electricity supplier
made that election for the preceding 2 calendar years.
``(3) Grant or payment following deferral.--
``(A) Eligibility.--An eligible electricity
supplier making an election under this
subsection shall be eligible for a grant, or
shall submit a payment, for a performance year
following a deferred year based on whether its
certified clean electricity percentage
increased, on average, by 4 or more percentage
points in that performance year and each
consecutive deferred year immediately preceding
that performance year.
``(B) Amounts.--The amount of a grant or
payment pursuant to this subsection shall be
based on the calculations set forth in
subsections (b) and (c), respectively, adjusted
to account for the performance year and each
deferred year.
``(e) Requirements.--
``(1) Conditions.--In each of calendar years 2024
through 2031, each eligible electricity supplier--
``(A) shall submit to the Secretary, by a
date determined by the Secretary (but not later
than June 1)--
``(i) a performance certification for
the preceding calendar year, using such
methods and subject to such audit
provisions as the Secretary determines
appropriate, of--
``(I) the total electricity
load of the eligible
electricity supplier in such
preceding calendar year;
``(II) the quantity of
megawatt-hours of qualified
clean electricity that the
eligible electricity supplier
claims for such preceding
calendar year for purposes of
this section; and
``(III) the percentage of the
total electricity load
certified under subclause (I)
that is qualified clean
electricity claimed under
subclause (II);
``(ii) a written assurance that the
eligible electricity supplier will
promptly report to any applicable
commission, board, or governance body
that regulates the eligible electricity
supplier any grant received or payment
submitted by the eligible electricity
supplier under this section; and
``(iii) a compliance certification
that the eligible electricity supplier
has complied, with respect to each
grant received or payment submitted by
the eligible electricity supplier under
this section, as applicable, with--
``(I) all written assurances
submitted under this section;
``(II) the requirements of
paragraph (3); and
``(III) requirements
established by the Secretary to
ensure the financial integrity
of grants issued and payments
collected under this section;
and
``(B) may not receive a grant under this
section for a performance year unless the
eligible electricity supplier--
``(i) complies with subparagraph (A)
with respect to that performance year;
and
``(ii) submits to the Secretary, for
that performance year, a written
assurance in accordance with section
803(b)(3) of the Energy Independence
and Security Act (42 U.S.C.
17282(b)(3)) (for purposes of which any
reference to a grant under that section
shall be considered to be a reference
to a grant under this section).
``(2) Baseline.--Each eligible electricity supplier,
including each new eligible electricity supplier, shall
provide sufficient information to the Secretary, as
determined by the Secretary, to establish its baseline
clean electricity percentage.
``(3) Use of funds.--An eligible electricity supplier
shall use a grant received under this section
exclusively for the benefit of the ratepayers of the
eligible electricity supplier, including direct bill
assistance to ratepayers, investments in qualified
clean electricity and energy efficiency, and worker
retention.
``(f) Definitions.--In this section:
``(1) Baseline clean electricity percentage.--
``(A) In general.--Except as provided in
subparagraph (B), the term `baseline clean
electricity percentage' means, with respect to
an eligible electricity supplier, the average
percentage of the total electricity load of the
eligible electricity supplier for calendar
years 2019 and 2020 that is represented by, as
determined by the Secretary--
``(i) the average clean electricity
percentage of the eligible electricity
supplier for such calendar years; and
``(ii) a share of any unallocated
qualified clean electricity for such
calendar years.
``(B) New eligible electricity suppliers.--
With respect to a new eligible electricity
supplier, the term `baseline clean electricity
percentage' means the prevailing average clean
electricity percentage of comparable eligible
electricity suppliers in the area in which the
new eligible electricity supplier provides end-
use electricity customers with electricity, as
determined by the Secretary.
``(2) Carbon dioxide equivalent emissions.--The term
`carbon dioxide equivalent emissions' means, with
respect to a greenhouse gas, the number of metric tons
of carbon dioxide emissions with the same global
warming potential over a 20-year period as 1 metric ton
of emissions of the greenhouse gas, as determined by
the Secretary, taking into consideration relevant
methods and information described in assessment reports
prepared by the Intergovernmental Panel on Climate
Change.
``(3) Carbon intensity.--The term `carbon intensity'
means the carbon dioxide equivalent emissions released
into the atmosphere from the generation of 1 megawatt-
hour of electricity by an electric generating unit, as
determined by the Secretary.
``(4) Certified clean electricity percentage.--The
term `certified clean electricity percentage' means,
with respect to an eligible electricity supplier, the
percentage certified by the eligible electricity
supplier under subsection (e)(1)(A)(i)(III), which may
only include qualified clean electricity with respect
to which the eligible electricity supplier holds the
exclusive rights to the qualifying attributes.
``(5) Clean electricity percentage.--The term `clean
electricity percentage' means, with respect to an
eligible electricity supplier, the percentage of the
total electricity load of the eligible electricity
supplier that is qualified clean electricity, with
respect to which the eligible electricity supplier
holds the exclusive rights to the qualifying
attributes.
``(6) Eligible electricity supplier.--The term
`eligible electricity supplier' means, notwithstanding
section 201(b)(1), any entity within the United States,
including an entity described in section 201(f), that--
``(A) provides end-use electricity customers
with electricity; and
``(B) is granted the authority or has an
obligation pursuant to Federal, State, or local
law or regulation to provide electricity to
end-use electricity customers.
``(7) New eligible electricity supplier.--The term
`new eligible electricity supplier' means an eligible
electricity supplier that did not provide electricity
to end-use electricity customers in both of calendar
years 2019 and 2020.
``(8) Performance year.--The term `performance year'
means the calendar year for which a certification was
submitted under subsection (e)(1)(A)(i).
``(9) Qualified clean electricity.--The term
`qualified clean electricity' means electricity
generated by an electric generating unit, or technology
type or class thereof, that has a carbon intensity that
is not more than 0.10.
``(10) Secretary.--The term `Secretary' means the
Secretary of Energy.
``(11) Total electricity load.--The term `total
electricity load' means, with respect to an eligible
electricity supplier, the total quantity, in megawatt-
hours, of electricity provided by the eligible
electricity supplier to end-use electricity customers
in a calendar year.''.
PART 2--RESIDENTIAL EFFICIENCY AND ELECTRIFICATION REBATES
SEC. 30421. HOME ENERGY PERFORMANCE-BASED, WHOLE-HOUSE REBATES AND
TRAINING GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy
(referred to in this section as the ``Secretary'') for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $9,000,000,000, to remain available until
September 30, 2031, to institute guidelines for State energy
offices to provide rebates to homeowners and aggregators for
whole-house energy saving retrofits as authorized under section
362 of the Energy Policy and Conservation Act (42 U.S.C. 6322),
which shall be made available as follows:
(1) Home on-line performance-based energy efficiency
(hope) contractor training grants.--
(A) In general.--$500,000,000 shall be
available for the Secretary to award grants to
States through the State Energy Program, which
shall partner with nonprofit organizations to
fund qualifying programs described in
subparagraph (B) that provide training courses
and opportunities to support home energy
efficiency upgrade construction services to
train workers, both on-line and in-person, to
support and provide for the home energy
efficiency retrofits under paragraph (2).
(B) Qualifying programs.--For the purposes of
this paragraph, qualifying programs are
programs that--
(i) provide the equivalent of at
least 30 hours in total course time;
(ii) are provided by a provider that
is accredited by the Interstate
Renewable Energy Council or has other
accreditation determined to be
equivalent by the Secretary;
(iii) are, with respect to a
particular job, aligned with the
relevant National Renewable Energy
Laboratory Job Task Analysis, or other
credentialing program foundation that
helps identify the necessary core
knowledge areas, critical work
functions, or skills, as approved by
the Secretary;
(iv) have established learning
objectives;
(v) include, as the Secretary
determines appropriate, an appropriate
assessment of such learning objectives
that may include a final exam, to be
proctored on-site or through remote
proctoring, or an in-person field exam;
and
(vi) include training related to--
(I) contractor certification;
(II) energy auditing or
assessment;
(III) home energy systems
(including Energy Star-
qualified HVAC systems and Wi-
Fi-enabled home energy
communications technology, or
any future technology that
achieves the same goals);
(IV) insulation installation
and air leakage control;
(V) health and safety
regarding the installation of
energy efficiency measures or
health and safety impacts
associated with energy
efficiency retrofits;
(VI) indoor air quality;
(VII) energy efficiency
retrofits in manufactured
housing; and
(VIII) residential
electrification training and
conversion training.
(C) State energy program providers.--A State
energy office may use not more than 10 percent
of the amounts made available to the State
energy office under this paragraph to
administer a qualifying program described in
subparagraph (B), including for the conduct of
design and operations activities.
(D) Terms and conditions.--
(i) Eligible use of funds.--Of the
amounts made available to a State under
this paragraph, 85 percent shall be
used by the State--
(I) to support the operations
of qualifying programs,
including establishing,
modifying, or maintaining the
online systems, staff time, and
software and online program
management, through a course
that meets the applicable
criteria;
(II) to reimburse the
contractor company for training
costs for employees;
(III) to provide any home
technology support needed for
an employee to receive training
pursuant to this section; and
(IV) to support wages of
employees during training.
(ii) Timing of obligations.--Amounts
made available under this paragraph
shall be used, as necessary, to cover
or reimburse allowable costs incurred
after the date of enactment of this
Act.
(iii) Unobligated amounts.--Amounts
made available under this paragraph
which are not accepted, are voluntarily
returned, or otherwise recaptured for
any reason shall be used to fund grants
under paragraph (2).
(2) Home owner managing energy savings (homes)
rebates.--
(A) In general.--95 percent of amounts made
available under this section shall be available
to the Secretary to award grants to State
energy offices to establish Home Owner Managing
Energy Savings (HOMES) Rebate Programs through
the State Energy Program under part B of title
III of the Energy Policy and Conservation Act
(42 U.S.C. 6291 et seq.), in accordance with
the formula for the State Energy Program in
effect on January 1, 2021.
(B) Coordination.--In carrying out this
section, the Secretary shall coordinate with
State energy offices to ensure that programs
that receive awards are formulated to achieve
maximum greenhouse gas emissions reductions and
household energy and costs savings.
(C) Application.--In order to receive a grant
under this section a State shall submit to the
Secretary an application that includes a plan
to implement a qualifying State program that
includes--
(i) a plan to ensure that each home
energy efficiency retrofit under the
program--
(I) is completed by a
contractor who meets minimum
training requirements,
certification requirements, and
other requirements established
by the Secretary; and
(II) includes installation of
1 or more home energy
efficiency retrofit measures
that are modeled to achieve, or
are shown to achieve, the
minimum reduction required in
home energy use, or with
respect to a portfolio of home
energy efficiency retrofits, in
aggregated home energy use for
such portfolio;
(ii) a plan--
(I) to utilize, for purposes
of modeled performance home
rebates, modeling software,
methods, and procedures for
determining and documenting the
reductions in home energy use
resulting from the
implementation of a home energy
efficiency retrofit that is
calibrated to historical energy
usage for a home consistent
with BPI 2400, that are
approved by the Secretary, that
can provide evidence for
necessary improvements to a
State program, and that can
help to calibrate models for
accuracy;
(II) to utilize, for purposes
of measured performance home
rebates, open-source advanced
measurement and verification
software approved by the
Secretary for determining and
documenting the monthly and
hourly (if available) weather-
normalized baseline energy use
of a home, the reductions in
monthly and hourly (if
available) weather-normalized
energy use of a home resulting
from the implementation of a
home energy efficiency
retrofit, and open-source
advanced measurement and
verification software approved
by the Secretary; and
(III) to value savings based
on time, location, or
greenhouse gas emissions;
(iii) procedures for a homeowner to
transfer the right to claim a rebate to
the contractor performing the
applicable home energy efficiency
retrofit or to an aggregator, if the
State program will utilize aggregators;
(iv) if the State program will
utilize aggregators to facilitate
delivery of rebates to homeowners or
contractors, requirements for an entity
to be eligible to serve as an
aggregator;
(v) quality monitoring to ensure that
each installation that receives a
rebate is documented in a certificate,
provided by the contractor to the
homeowner, that details the work,
including information about the
characteristics of equipment and
materials installed, as well as
projected energy savings or energy
generation, in a way that will enable
the homeowner to clearly communicate
the value of the high-performing
features funded by the rebate to
buyers, real estate agents, appraisers
and lenders; and
(vi) a procedure for providing the
contractor performing a home energy
efficiency retrofit or an aggregator
who has the right to claim such rebate
with $200 for each home located in an
underserved community that receives a
home efficiency retrofit for which a
rebate is provided under the program.
(D) Amount of rebates for single family and
multifamily homes.--Of the amounts provided to
a State energy office under this section, 85
percent shall be used to provide Home Owner
Managing Energy Savings (HOMES) Rebates to--
(i) individuals and aggregators for
the energy efficiency upgrades of
single-family homes of not more than 4
units--
(I) $2,000 for a retrofit
that achieves at least 20
percent modeled energy system
savings or 50 percent of the
project cost, whichever is
lower;
(II) $4,000 for a retrofit
that achieves at least 35
percent modeled energy system
savings or 50 percent of the
project cost, whichever is
lower; or
(III) for measured energy
savings, a payment per kilowatt
hour saved, or kilowatt hour-
equivalent saved, equal to
$2,000 for a 20 percent
reduction of energy use for the
average home in the State, for
homes or portfolios of homes
that achieve at least 15
percent energy savings, or 50
percent of the project cost,
whichever is lower;
(ii) multifamily building owners and
aggregators for the energy efficiency
upgrades of multifamily buildings--
(I) $2,000 per dwelling unit
for a retrofit that achieves at
least 20 percent modeled energy
system savings up a maximum of
$200,000 per multifamily
building;
(II) $4,000 per dwelling unit
for a retrofit that achieves at
least 35 percent modeled energy
system savings up to a maximum
of $400,000 per multifamily
building; or
(III) for measured energy
savings, a payment rate per
kilowatt hours saved, or
kilowatt hour-equivalent saves,
equal to $2,000 for a 20
percent reduction of energy use
for the average multifamily
building in the State, for
multifamily buildings or
portfolios of buildings that
achieve at least 15 percent
energy savings, or 50 percent
of the project cost, whichever
is lower; or
(iii) individuals and aggregators for
the energy efficiency upgrades of
single family homes of 4 units or less
or multifamily buildings that are
occupied by residents with an annual
income of less than 80 percent of the
area median income as published by the
Department of Housing and Urban
Development--
(I) $4,000 for a retrofit
that achieves at least 20
percent modeled energy system
savings or 80 percent of the
project cost, whichever is
lower;
(II) $8,000 for a retrofit
that achieves at least 35
percent modeled energy system
savings or 80 percent of the
project cost, whichever is
lower; or
(III) for measured energy
savings, a payment rate per
kilowatt hour saved, or
kilowatt hour-equivalent saved,
equal to $4,000 for a 20
percent reduction of energy use
for the average multifamily
building in the State, for
multifamily buildings or
portfolios of buildings that
achieve at least 15 percent
energy savings, or 80 percent
of the project cost, whichever
is lower.
(E) Requirement.--Not less than 25 percent of
the funds provided to a State energy office
under this section shall be used for the
purposes of each of clauses (i), (ii), and
(iii) of subparagraph (D).
(F) Eligibility of certain appliances.--In
calculating total energy savings for single
family or multifamily homes under this section,
a program may include savings from the purchase
of high-efficiency natural gas HVAC systems and
water heaters certified under the Energy Star
program until the date that is 6 years after
the date of enactment of this Act.
(G) Planning.--Not to exceed 20 percent of
any grant made with funds made available under
this paragraph shall be expended for planning
and management development and administration.
(H) Technical assistance.--Amounts made
available under this paragraph shall be used
for single family, multifamily, and
manufactured housing rebates and the Secretary
shall, in consultation with States,
contractors, and other technical experts design
support, methodology, and contractor criteria
as appropriate for the different building
stock.
(I) Use of funds.--Rebate amounts made
available through the High-Efficiency Electric
Home Rebate Program established under
subsection (b)(1) of section 124 of the Energy
Policy Act of 2005 (42 U.S.C. 15821) (as
amended by section 30422 of this subtitle) may
be used in conjunction with the funds made
available under this section.
(b) Definitions.--In this section:
(1) Aggregator.--The term ``aggregator'' means a gas
utility, electric utility, or commercial, nonprofit, or
government entity that may receive rebates provided
under a State program under this section for 1 or more
portfolios consisting of 1 or more energy efficiency
retrofits.
(2) Contractor certification.--The term ``contractor
certification'' means--
(A) an industry recognized certification that
may be obtained by a residential contractor to
advance the expertise and education of the
contractor in energy efficiency retrofits of
residential buildings; and
(B) any other certification the Secretary
determines appropriate for purposes of the
HOMES Rebate Program established under
subsection (a)(2).
(3) Contractor company.--The term ``contractor
company'' means a company--
(A) the business of which is to provide
services to residential building owners with
respect to HVAC systems, insulation, air
sealing, or other services that are approved by
the Secretary;
(B) that holds the licenses and insurance
required by the State in which the company
provides services; and
(C) that provides services for which a rebate
may be provided pursuant to the HOMES Rebate
Program established under subsection (a)(2).
(4) Energy star program.--The term ``Energy Star
program'' means the program established by section 324A
of the Energy Policy and Conservation Act (42 U.S.C.
6294a).
(5) Home.--The term ``home'' means a building with
not more than 4 dwelling units or a manufactured
housing unit (including a unit built before June 15,
1976), that--
(A) is located in the United States;
(B) was constructed before the date of
enactment of this Act; and
(C) is occupied at least 6 months out of the
year.
(6) HVAC system.--The term ``HVAC system'' means a
system--
(A) is certified under the Energy Star
program;
(B) consisting of a heating component, a
ventilation component, and an air-conditioning
component; and
(C) the components of which may include
central air conditioning, a heat pump, a
furnace, a boiler, a rooftop unit, and a window
unit.
(7) Multifamily building.--The term ``multifamily
building'' means a building with 5 or more dwelling
units.
(8) State energy office.--The term ``State energy
office'' means the State agency responsible for
developing State energy conservation plans under
section 362 of the Energy Policy and Conservation Act
(42 U.S.C. 6322).
(9) Underserved community.--The term ``underserved
community'' means--
(A) a community located in a ZIP Code that
includes 1 or more census tracts that are
identified as--
(i) a low-income community; or
(ii) a community of racial or ethnic
minority concentration; or
(B) any other community that the Secretary
determines is disproportionately vulnerable to,
or bears a disproportionate burden of, any
combination of economic, social, and
environmental stressors.
SEC. 30422. HIGH-EFFICIENCY ELECTRIC HOME REBATE PROGRAM.
(a) In General.--Section 124 of the Energy Policy Act of 2005
(42 U.S.C. 15821) is amended to read as follows:
``SEC. 124. HIGH-EFFICIENCY ELECTRIC HOME REBATE PROGRAM.
``(a) Appropriations.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,500,000,000, to remain
available until September 30, 2031, to carry out this
section, including to provide rebates under this
section, of which the Secretary--
``(A) may use not more than $5,000,000 for
community and consumer education and outreach
related to this section; and
``(B) shall use not more than $300,000,000--
``(i) to administer this section; and
``(ii) to provide administrative and
technical support to certified
contractor companies, qualified
providers, States, and Indian Tribes.
``(2) Additional funding for tribal communities and
low- or moderate-income households.--In addition to
amounts otherwise available, there is appropriated to
the Secretary for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated,
$5,500,000,000, to remain available until September 30,
2031, for--
``(A) rebates under this section relating to
qualified electrification projects carried out
in Tribal communities or for low- or moderate-
income households; and
``(B) any necessary administrative or
technical support for those qualified
electrification projects.
``(b) High-efficiency Electric Home Rebates for Qualified
Electrification Projects.--
``(1) High-efficiency electric home rebates.--The
Secretary shall establish a program within the
Department, to be known as the `High-Efficiency
Electric Home Rebate Program', under which the
Secretary shall provide to homeowners and owners of
multifamily buildings high-efficiency electric home
rebates, in accordance with this subsection, for
qualified electrification projects carried out at, or
relating to, the homes or multifamily buildings, as
applicable.
``(2) Amount of rebate.--
``(A) In general.--Subject to subsection
(c)(1)(A), a high-efficiency electric home
rebate under paragraph (1) shall be equal to--
``(i) in the case of a qualified
electrification project described in
subsection (d)(11)(A)(i)(II) that
installs a heat pump used for water
heating, not more than $1,250;
``(ii) in the case of a qualified
electrification project described in
subsection (d)(11)(A)(i)(II) that
installs a heat pump HVAC system--
``(I)(aa) not more than
$3,000 if the heat pump HVAC
system has a heating capacity
of not less than 27,500 Btu per
hour; or
``(bb) not more than $4,000
if the heat pump HVAC system
meets Energy Star program cold
climate criteria and is
installed in a cold climate, as
determined by the Secretary;
``(II)(aa) not more than
$1,500 if the heat pump HVAC
system has a heating capacity
of less than 27,500 Btu per
hour; or
``(bb) not more than $2,000
if the heat pump HVAC system
meets Energy Star program cold
climate criteria and is
installed in a cold climate, as
determined by the Secretary;
and
``(III) $250, in addition to
the amount described in
subclause (I) or (II), if a
qualified electrification
project described in subsection
(d)(11)(A)(i)(V) that installs
insulation, air sealing, and
ventilation in accordance with
clause (v) is completed within
6 months before or after the
qualified electrification
project described in that
subclause;
``(iii) in the case of a qualified
electrification project described in
subclause (III) or (IV) of subsection
(d)(11)(A)(i), not more than $600;
``(iv) in the case of a qualified
electrification project described in
subsection (d)(11)(A)(i)(I) that
installs an electric load or service
center panel that enables the
installation and use of any upgrade,
appliance, system, equipment,
infrastructure, component, or other
item installed pursuant to any other
qualified electrification project, not
more than $3,000;
``(v) in the case of a qualified
electrification project described in
subsection (d)(11)(A)(i)(V) that
installs insulation and air sealing,
not more than $800; and
``(vi) in the case of any other
qualified electrification project,
including a qualified electrification
project described in any of subclauses
(I) through (III) of subsection
(d)(11)(A)(ii), for which the Secretary
provides a high-efficiency electric
home rebate, not more than an amount
determined by the Secretary for that
qualified electrification project,
subject to subparagraph (B).
``(B) Limitations on amount of rebate.--
``(i) Maximum total amount.--Subject
to subsection (c)(1)(B), the maximum
total amount that may be awarded as
high-efficiency electric home rebates
under this subsection shall be $10,000
with respect to each home for which a
high-efficiency electric home rebate is
provided.
``(ii) Costs.--
``(I) In general.--Subject to
subsection (c)(1)(C), the
amount of a high-efficiency
electric home rebate provided
to a homeowner under this
subsection shall not exceed 50
percent of the total cost of
the applicable qualified
electrification project.
``(II) Labor costs.--Subject
to subsection (c)(1)(C), not
more than 50 percent of the
labor costs associated with a
qualified electrification
project may be included in the
50 percent of total costs for
which a high-efficiency
electric home rebate is
provided under this subsection,
as described in subclause (I),
subject to the condition that
labor costs account for not
more than 50 percent of the
amount of the high-efficiency
electric home rebate.
``(3) Limitations on qeps.--
``(A) Contractors.--A high-efficiency
electric home rebate may be provided for a
qualified electrification project carried out
by a contractor company only if that contractor
company is a certified contractor company.
``(B) Heat pump hvac systems.--A high-
efficiency electric home rebate may be provided
for a qualified electrification project that
installs or enables the installation of a heat
pump HVAC system only if the heat pump HVAC
system--
``(i) replaces--
``(I) a nonelectric HVAC
system;
``(II) an electric resistance
HVAC system; or
``(III) an air conditioning
unit that--
``(aa) does not have
a reversing valve; and
``(bb) has a lower
seasonal energy-
efficiency ratio than
the heat pump HVAC
system; or
``(ii) is part of new construction,
as determined by the Secretary.
``(C) Heat pumps for water heating.--A high-
efficiency electric home rebate may be provided
for a qualified electrification project that
installs or enables the installation of a heat
pump used for water heating only if the heat
pump--
``(i) replaces--
``(I) a nonelectric heat pump
water heater;
``(II) a nonelectric water
heater; or
``(III) an electric
resistance water heater; or
``(ii) is part of new construction,
as determined by the Secretary.
``(D) Electric stoves, cooktops, ranges, and
ovens.--A high-efficiency electric home rebate
may be provided for a qualified electrification
project described in subsection
(d)(11)(A)(i)(III) only if the applicable
electric stove, cooktop, range, or oven--
``(i) replaces a nonelectric stove,
cooktop, range, or oven; or
``(ii) is part of new construction,
as determined by the Secretary.
``(E) Electric heat pump clothes dryers.--A
high-efficiency electric home rebate may be
provided for a qualified electrification
project described in subsection
(d)(11)(A)(i)(IV) only if the applicable
electric heat pump clothes dryer--
``(i) replaces a nonelectric clothes
dryer; or
``(ii) is part of new construction.
``(4) Additional incentives for contractors and
qualified providers.--
``(A) General incentive.--
``(i) In general.--With respect to
each qualified electrification project
described in clause (ii), the Secretary
shall provide a payment of $100 to the
certified contractor company or
qualified provider carrying out the
qualified electrification project.
``(ii) Qualified electrification
project described.--A qualified
electrification project referred to in
clause (i) is a qualified
electrification project--
``(I) that is carried out at
a home or multifamily building;
``(II) for which a rebate is
provided under this subsection;
and
``(III) with respect to which
the certified contractor
company or qualified provider
is not eligible for a higher
payment under any of
subparagraphs (B) through (D).
``(B) Incentive for qeps in certain
communities and households.--
``(i) In general.--With respect to
each qualified electrification project
described in clause (ii), the Secretary
shall provide a payment of $200 to the
certified contractor company or
qualified provider carrying out the
qualified electrification project.
``(ii) Qualified electrification
project described.--A qualified
electrification project referred to in
clause (i) is a qualified
electrification project--
``(I) that is carried out at
a home or multifamily building
that--
``(aa) is located in
an underserved
community or a Tribal
community; or
``(bb) is certified,
or the household of the
homeowner of which is
certified, as
applicable, as low- or
moderate-income;
``(II) for which a rebate is
provided under this subsection;
and
``(III) with respect to which
the certified contractor
company or qualified provider
is not eligible for a higher
payment under subparagraph (C)
or (D).
``(C) Incentive for certain labor
practices.--
``(i) In general.--With respect to
each qualified electrification project
described in clause (ii), the Secretary
shall provide a payment of $250 to the
certified contractor company or
qualified provider carrying out the
qualified electrification project.
``(ii) Qualified electrification
project described.--A qualified
electrification project referred to in
clause (i) is a qualified
electrification project--
``(I) that is carried out--
``(aa) at a home or
multifamily building;
and
``(bb) by a certified
contractor company or
qualified provider that
allows for the use of
collective bargaining
agreements;
``(II) for which a rebate is
provided under this subsection;
and
``(III) with respect to
which--
``(aa) all laborers
and mechanics employed
on the qualified
electrification project
are paid wages at rates
not less than those
prevailing on projects
of a character similar
in the locality; and
``(bb) the certified
contractor company or
qualified provider is
not eligible for a
higher payment under
subparagraph (D).
``(D) Maximum incentive.--
``(i) In general.--With respect to
each qualified electrification project
described in clause (ii), the Secretary
shall provide a payment of $500 to the
certified contractor company or
qualified provider carrying out the
qualified electrification project.
``(ii) Qualified electrification
project described.--A qualified
electrification project referred to in
clause (i) is a qualified
electrification project--
``(I) that is carried out--
``(aa) at a home or
multifamily building
that--
``(AA) is
located in an
underserved
community or a
Tribal
community; or
``(BB) is
certified, or
the household
of the
homeowner of
which is
certified, as
applicable, as
low- or
moderate-
income; and
``(bb) by a certified
contractor company or
qualified provider that
allows for the use of
collective bargaining
agreements;
``(II) for which a rebate is
provided under this subsection;
and
``(III) with respect to which
all laborers and mechanics
employed on the qualified
electrification project are
paid wages at rates not less
than those prevailing on
projects of a character similar
in the locality.
``(E) Clarification.--An amount provided to a
certified contractor company or qualified
provider under any of subparagraphs (A) through
(D) shall be in addition to the amount of any
high-efficiency electric home rebate received
by the certified contractor company or
qualified provider.
``(5) Claim.--
``(A) In general.--Subject to paragraph
(2)(B), a homeowner, a certified contractor
company, or a qualified provider may claim a
separate high-efficiency electric home rebate
under this subsection for each qualified
electrification project carried out at a home.
``(B) Transfer.--The Secretary shall
establish and publish procedures pursuant to
which a homeowner or owner of a multifamily
building may transfer the right to claim a
rebate under this subsection to the certified
contractor company or qualified provider
carrying out the applicable qualified
electrification project.
``(6) Multifamily buildings.--
``(A) In general.--Subject to subparagraph
(B), the owner of a multifamily building may
combine the amounts of high-efficiency electric
home rebates for each dwelling unit in the
multifamily building into a single rebate,
subject to--
``(i) the condition that the
applicable qualified electrification
projects benefit each dwelling unit
with respect to which the rebate is
claimed; and
``(ii) any maximum per-dwelling unit
rate established by the Secretary.
``(B) Costs.--
``(i) In general.--Subject to clause
(ii), the amount of a rebate under
subparagraph (A) shall not exceed 50
percent of the total cost, including
labor costs, of the applicable
qualified electrification projects.
``(ii) Low- or moderate-income
buildings.--In the case of a
multifamily building that is certified
by the Secretary as low- or moderate-
income, the amount of a rebate under
subparagraph (A) shall not exceed 100
percent of the total cost of the
applicable qualified electrification
projects.
``(C) Procedures.--The Secretary shall
establish and publish procedures--
``(i) pursuant to which the owner of
a multifamily building may combine
rebate amounts in accordance with this
subsection; and
``(ii) for the enforcement of any
limitations under this subsection.
``(7) Process.--
``(A) Rebate process.--Not later than July 1,
2022, the Secretary shall establish a rebate
processing system that provides immediate price
relief for consumers who purchase and have
installed qualified electrification projects,
in accordance with this section.
``(B) Qualified electrification project
list.--
``(i) In general.--Not later than
July 1, 2022, the Secretary shall
publish a list of qualified
electrification projects for which a
high-efficiency electric home rebate
may be provided under this subsection
that includes, at a minimum, the
qualified electrification projects
described in subsection (d)(11)(A).
``(ii) Requirements.--The list
published under clause (i) shall
include specifications for each
qualified electrification project
included on the list, including--
``(I) appropriate
certifications under the Energy
Star program; and
``(II) other applicable
requirements, such as
requirements relating to grid-
interactive capability.
``(iii) Updates.--
``(I) In general.--Not less
frequently than once every 3
years and subject to subclause
(II), the Secretary shall
publish an updated list of
qualified electrification
projects for which a high-
efficiency electric home rebate
may be provided under this
subsection.
``(II) Limitation.--An
updated list under subclause
(I) shall not allow for any
reductions in efficiency levels
for qualified electrification
projects included on the
updated list that are below an
efficiency level provided in a
previously published version of
the list.
``(c) Special Provisions for Low- and Moderate-income
Households and Multifamily Buildings.--
``(1) Maximum amounts.--With respect to a qualified
electrification project carried out at a location
described in paragraph (2)--
``(A) a high-efficiency electric home rebate
shall be equal to--
``(i) in the case of a qualified
electrification project described in
subsection (b)(2)(A)(i), not more than
$1,750;
``(ii) in the case of a qualified
electrification project described in
subsection (b)(2)(A)(ii)--
``(I)(aa) not more than
$6,000 if the applicable heat
pump HVAC system has a heating
capacity of not less than
27,500 Btu per hour; or
``(bb) not more than $7,000
if the applicable heat pump
HVAC system meets Energy Star
program cold climate criteria
and is installed in a cold
climate, as determined by the
Secretary; and
``(II)(aa) not more than
$3,000 if the applicable heat
pump HVAC system has a heating
capacity of less than 27,500
Btu per hour; or
``(bb) not more than $3,500
if the applicable heat pump
HVAC system meets Energy Star
program cold climate criteria
and is installed in a cold
climate, as determined by the
Secretary;
``(iii) in the case of a qualified
electrification project described in
subsection (b)(2)(A)(iii), not more
than $840;
``(iv) in the case of a qualified
electrification project described in
subsection (b)(2)(A)(iv), not more than
$4,000;
``(v) in the case of a qualified
electrification project described in
subsection (b)(2)(A)(v) that installs
insulation and air sealing, not more
than $1,600; and
``(vi) in the case of a qualified
electrification project described in
subsection (b)(2)(A)(vi), not more than
an amount determined by the Secretary
for that qualified electrification
project, subject to subparagraph (B);
``(B) the maximum total amount of high-
efficiency electric home rebates that may be
awarded with respect to each home of a
homeowner shall be $14,000; and
``(C) the amount of a high-efficiency
electric home rebate may be used to cover not
more than 100 percent of the costs, including
labor costs, of the applicable qualified
electrification project.
``(2) Location described.--The maximum amounts
described in paragraph (1) shall apply to--
``(A) a home--
``(i) with respect to which the
household of the homeowner is certified
as low- or moderate-income;
``(ii) that is located in a Tribal
community; or
``(iii) in the case of a home that is
rented, with respect to which the
household of the renter is certified as
low- or moderate-income; or
``(B) a multifamily building--
``(i) that--
``(I) is certified as low- or
moderate-income; or
``(II) is located in a Tribal
community; and
``(ii) with respect to which more
than more than \1/2\ of the dwelling
units in the multifamily building--
``(I) are occupied by
households the annual household
incomes of which do not exceed
80 percent of the median annual
household income for the area
in which the multifamily
building is located; and
``(II) have average monthly
rental prices that are equal
to, or less than, an amount
that is equal to 30 percent of
the average monthly household
income for the area in which
the multifamily building is
located.
``(3) Requirement.--The Secretary may provide a
rebate in an amount described in paragraph (1) to the
owner of a multifamily building or home (in the case of
a home that is rented) that meets the requirements of
this section if the owner agrees in writing to provide
commensurate benefits of future savings to renters in
the multifamily building or home.
``(d) Definitions.--In this section:
``(1) Certified contractor.--The term `certified
contractor' means a contractor with a certification
reflecting training, education, or other technical
expertise relating to qualified electrification
projects for residential buildings, as identified by
the Secretary.
``(2) Certified contractor company.--The term
`certified contractor company' means a company--
``(A) the business of which is to provide
services--
``(i) to residential building owners;
and
``(ii) for which a rebate may be
provided pursuant to this section;
``(B) that holds the licenses and insurance
required by the State in which the company
provides services; and
``(C) that employs 1 or more certified
contractors that perform the services for which
a rebate may be provided under this section.
``(3) Electric load or service center upgrade.--The
term `electric load or service center upgrade' means an
improvement to a circuit breaker panel that enables the
installation and use of--
``(A) a QEP described in any of subclauses
(II) through (IV) of paragraph (9)(A)(i); or
``(B) a QEP described in any of subclauses
(I) through (III) of paragraph (9)(A)(ii).
``(4) Energy star program.--The term `Energy Star
program' means the program established by section 324A
of the Energy Policy and Conservation Act (42 U.S.C.
6294a).
``(5) Heat pump.--The term `heat pump' means a heat
pump used for water heating, space heating, or space
cooling that--
``(A) relies solely on electricity for its
source of power; and
``(B) is air-sourced, geothermal- or ground-
sourced, or water-sourced.
``(6) High-efficiency electric home rebate.--The term
`high-efficiency electric home rebate' means a rebate
provided in accordance with subsection (b).
``(7) Home.--The term `home' means each of--
``(A) a building with not more than 4
dwelling units, individual condominium units,
or manufactured housing units, that--
``(i) is located in a State; and
``(ii)(I) is the primary residence
of--
``(aa) the owner of that
building, condominium unit, or
manufactured housing unit, as
applicable; or
``(bb) a renter; or
``(II) is a new-construction single-
family residential home; and
``(B) a unit of a multifamily building that--
``(i) is owned by an individual who
is not the owner of the multifamily
building;
``(ii) is located in a State, the
District of Columbia, or a territory of
the United States; and
``(iii) is the primary residence of--
``(I) the owner of that unit;
or
``(II) a renter.
``(8) HVAC.--The term `HVAC' means heating,
ventilation, and air conditioning.
``(9) Low- or moderate-income.--The term `low - or
moderate -income', with respect to a household, means a
household--
``(A) with an annual income that is less than
80 percent of the annual median income of the
area in which the household is located; or
``(B) that is low-income (as defined in
section 412 of the Energy Conservation and
Production Act (42 U.S.C. 6862)).
``(10) Multifamily building.--The term `multifamily
building' means any building--
``(A) with 5 or more dwelling units that--
``(i) are built on top of one another
or side-by-side; and
``(ii) may share common facilities;
and
``(B) that is not a home.
``(11) Qualified electrification project; qep.--
``(A) In general.--The terms `qualified
electrification project' and `QEP' mean a
project that, as applicable--
``(i) installs, or enables the
installation and use of, in a home or
multifamily building--
``(I) an electric load or
service center upgrade;
``(II) an electric heat pump;
``(III) an induction or
noninduction electric stove,
cooktop, range, or oven;
``(IV) an electric heat pump
clothes dryer; or
``(V) insulation, air
sealing, and ventilation, in
accordance with requirements
established by the Secretary;
or
``(ii) installs, or enables the
installation and use of, in a home or
multifamily building described in
subparagraph (B)--
``(I) a solar photovoltaic
system, including any
electrical equipment, wiring,
or other components necessary
for the installation and use of
the solar photovoltaic system,
including a battery storage
system;
``(II) electric vehicle
charging infrastructure or
electric vehicle support
equipment necessary to recharge
an electric vehicle on-site; or
``(III) electrical rewiring,
power sharing plugs, or other
installation tasks directly
related to and necessary for
the safe and effective
functioning of a QEP in a home
or multifamily building.
``(B) Home or multifamily building
described.--A home or multifamily building
referred to in subparagraph (A)(ii) is a home
or multifamily building that is certified, or
the household of the homeowner of which is
certified, as applicable, as low- or moderate-
income.
``(C) Exclusions.--The terms `qualified
electrification project' and `QEP' do not
include any project with respect to which the
appliance, system, equipment, infrastructure,
component, or other item described in clause
(i) or (ii) of subparagraph (A) is not
certified under the Energy Star program if, as
of the date on which the project is carried
out, the item is of a category for which a
certification is provided under that program.
``(12) Qualified provider.--The term `qualified
provider' means an electric utility, Tribal-owned
entity or Tribally Designated Housing Entity (TDHE), or
commercial, nonprofit, or government entity, including
a retailer and a certified contractor company, that
provides services for which a rebate may be provided
pursuant to this section for 1 or more portfolios that
consist of 1 or more qualified electrification
projects.
``(13) Solar photovoltaic system.--The term `solar
photovoltaic system' means a system--
``(A) placed on-site at a home or multifamily
building, or as part of the community of the
home or multifamily building; and
``(B) that generates electricity from the sun
specifically for the home, multifamily
building, or community.
``(14) Tribal community.--The term `Tribal community'
means a Tribal tract or Tribal block group.
``(15) Underserved community.--The term `underserved
community' means a community located in a census tract
that is identified by the Secretary as--
``(A) a low- or moderate-income community; or
``(B) a community of racial or ethnic
minority concentration.''.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 594) is amended
by striking the item relating to section 124 and
inserting the following:
``Sec. 124. High-Efficiency Electric Home Rebate Program.''.
(2) Section 3201(c)(2)(A)(i) of the Energy Act of
2020 (42 U.S.C. 17232(c)(2)(A)(i)) is amended by
striking ``(a)'' each place it appears.
PART 3--BUILDING EFFICIENCY AND RESILIENCE
SEC. 30431. WEATHERIZATION ASSISTANCE PROGRAM.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Energy for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $3,500,000,000, to remain available until
September 30, 2031, to carry out activities under part A of
title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 through 6872).
(b) Financial Assistance for WAP Enhancement and
Innovation.--Notwithstanding subsections (j) and (k) of section
414D of the Energy Conservation and Production Act (42 U.S.C.
6864d(j) and (k)), the Secretary shall use $850,000,000 of the
amount made available under subsection (a) of this section to
award financial assistance under such section 414D, including
financial assistance to implement measures to make dwelling
units that are occupied by low-income persons weatherization-
ready.
(c) Average Cost Per Dwelling Unit.--Section 415(c) of the
Energy Conservation and Production Act (42 U.S.C. 6865(c)) is
amended--
(1) in paragraph (1), by striking ``$6,500'' and
inserting ``$12,000''; and
(2) in paragraph (4), by striking ``$3,000'' and
inserting ``$6,000''.
SEC. 30432. CRITICAL FACILITY MODERNIZATION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,200,000,000, to remain available
until September 30, 2031, to carry out a program under which
the Secretary of Energy provides funds to States to be used in
accordance with subsection (c).
(b) Allocation of Funds.--The Secretary of Energy shall
allocate funds made available under subsection (a) to States in
accordance with the formula used to allocate Federal financial
assistance granted pursuant to section 363 of the Energy Policy
and Conservation Act (42 U.S.C. 6323) (as of January 1, 2021),
except that no matching requirement shall apply.
(c) Use of Funds.--
(1) In general.--A State that receives funds under
this section shall use such funds to--
(A) provide technical assistance for carrying
out a covered project;
(B) facilitate carrying out a covered
project, including by providing a grant, loan,
or other financial assistance to another
entity;
(C) carry out a covered project; or
(D) pay for any administrative expenses
related to any activity described in
subparagraphs (A) through (C).
(2) Limit on technical assistance.--A State that
receives funds under this section may not use more than
10 percent of such funds to provide technical
assistance under paragraph (1)(A) related to the
development, facilitation, management, oversight, or
measurement of results of covered projects.
(d) Definitions.--In this section:
(1) Covered project.--The term ``covered project''
means a building project at an eligible facility that--
(A) increases--
(i) the resiliency of an eligible
facility, which includes--
(I) making improvements to
public health and safety;
(II) mitigating power
outages;
(III) hardening against
natural disasters;
(IV) improving indoor air
quality; and
(V) making any modifications
necessitated by the COVID-19
pandemic;
(ii) energy efficiency;
(iii) the use of renewable energy; or
(iv) grid integration; and
(B) may include a combined heat and power,
microgrid, or energy storage component.
(2) Eligible facility.--The term ``eligible
facility'' means any public or nonprofit building, as
determined by the Secretary, including--
(A) a public school, including an elementary
school and a secondary school;
(B) a facility used to operate an early
childhood education program;
(C) the facilities of a local educational
agency;
(D) a medical facility;
(E) a local or State government building;
(F) a community facility;
(G) a public safety facility;
(H) a day care center;
(I) an institution of higher education;
(J) a public library; and
(K) a wastewater treatment facility.
(3) Public or nonprofit building.--The term ``public
or nonprofit building'' means a public or nonprofit
building described in section 362(d)(5)(B) of the
Energy Policy and Conservation Act (42 U.S.C.
6322(d)(5)(B)).
(4) State.--The term ``State'' has the meaning given
the term in section 3 of the Energy Policy and
Conservation Act (42 U.S.C. 6202).
SEC. 30433. ASSISTANCE FOR LATEST AND ZERO BUILDING ENERGY CODE
ADOPTION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $300,000,000, to remain available until
September 30, 2031, to carry out activities under part D of
title III of the Energy Policy and Conservation Act (42 U.S.C.
6321 through 6326), of which--
(1) $100,000,000, shall be for grants to assist
States, and units of local government that have
authority to adopt building codes, to--
(A) adopt--
(i) a building energy code (or codes)
for residential buildings that meets or
exceeds the 2021 International Energy
Conservation Code, or achieves
equivalent or greater energy savings;
(ii) a building energy code (or
codes) for commercial buildings that
meets or exceeds the ANSI/ASHRAE/IES
Standard 90.1-2019, or achieves
equivalent or greater energy savings;
or
(iii) any combination of building
energy codes described in clause (i) or
(ii); and
(B) implement a plan for the jurisdiction to
achieve full compliance with any building
energy code adopted under subparagraph (A) in
new and renovated residential or commercial
buildings, as applicable, which plan shall
include active training and enforcement
programs and measurement of the rate of
compliance each year; and
(2) $200,000,000, shall be for grants to assist
States, and units of local government that have
authority to adopt building codes, to--
(A) adopt a building energy code (or codes)
for residential and commercial buildings that
meets or exceeds the zero energy provisions in
the 2021 International Energy Conservation Code
or an equivalent stretch code; and
(B) implement a plan for the jurisdiction to
achieve full compliance with any building
energy code adopted under subparagraph (A) in
new and renovated residential and commercial
buildings, which plan shall include active
training and enforcement programs and
measurement of the rate of compliance each
year.
(b) State Match.--The State cost share requirement under the
item relating to ``Department of Energy--Energy Conservation''
in title II of the Department of the Interior and Related
Agencies Appropriations Act, 1985 (42 U.S.C. 6323a; 98 Stat.
1861) shall not apply to assistance provided under this
section.
(c) Administrative Costs.--Of the amounts made available
under this section, the Secretary shall reserve 5 percent for
administrative costs necessary to carry out this section.
PART 4--ZERO EMISSIONS VEHICLE INFRASTRUCTURE BUILDOUT
SEC. 30441. DEFINITIONS.
In this part:
(1) Electric vehicle.--The term ``electric vehicle''
means a vehicle that derives all or part of its power
from electricity.
(2) Electric vehicle supply equipment.--The term
``electric vehicle supply equipment'' means any
conductors, including ungrounded, grounded, and
equipment grounding conductors, electric vehicle
connectors, attachment plugs, and all other fittings,
devices, power outlets, electrical equipment, off-grid
charging installations, or apparatuses installed
specifically for the purpose of delivering energy to an
electric vehicle or to a battery intended to be used in
an electric vehicle.
(3) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
SEC. 30442. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $2,000,000,000, to remain available until
expended (except that no funds shall be disbursed after
September 30, 2031), to establish and carry out a rebate
program to provide rebates to eligible entities for covered
expenses associated with electric vehicle supply equipment
located at workplaces, multi-unit housing structures, and
publicly accessible locations.
(b) Rebate Program Requirements.--
(1) Eligible equipment and locations.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
the Secretary shall publish and maintain on the
Department of Energy internet website a list of
electric vehicle supply equipment that is
eligible for the rebate program. Such list may
include technical specifications and
requirements for such electric vehicle supply
equipment to enhance safety, cybersecurity,
performance, accessibility, and alignment with
relevant codes and standards, as determined
appropriate by the Secretary.
(B) Location requirement.--An eligible entity
may receive a rebate under the rebate program
only if the electric vehicle supply equipment
included on the list published under
subparagraph (A) is installed--
(i) in the United States;
(ii) on property--
(I) owned by the eligible
entity; or
(II) on which the eligible
entity has authority to install
electric vehicle supply
equipment; and
(iii) at a location that is--
(I) a multi-unit housing
structure;
(II) a workplace, and
available to employees of such
workplace or employees of a
nearby workplace; or
(III) publicly accessible,
including a publicly accessible
commercial location.
(C) Public accessibility.--For electric
vehicle supply equipment not located at a
multi-unit housing structure or a workplace, an
eligible entity may receive a rebate under the
rebate program only if the installed electric
vehicle supply equipment is--
(i) publicly accessible for a minimum
of 12 hours per day at least 5 days per
week; and
(ii) networked or otherwise capable
of being monitored remotely.
(2) Application.--In order to receive a rebate under
the rebate program, an eligible entity shall submit to
the Secretary an application. Such application shall
include--
(A) the estimated cost of covered expenses to
be expended on the electric vehicle supply
equipment that is eligible under paragraph (1);
(B) the estimated installation cost of the
electric vehicle supply equipment that is
eligible under paragraph (1);
(C) the global positioning system location,
including the integer number of degrees,
minutes, and seconds, of where such electric
vehicle supply equipment is to be installed,
and identification of whether such location
is--
(i) a multi-unit housing structure;
(ii) a workplace; or
(iii) publicly accessible, including
a publicly accessible commercial
location, in accordance with paragraph
(1)(C);
(D) the technical specifications of such
electric vehicle supply equipment, including
the maximum power voltage and amperage of such
equipment;
(E) an assessment of the electrical capacity
at the location where such electric vehicle
supply equipment is to be installed, and, as
necessary, proof of communication with the
electric utility that will serve the electric
vehicle supply equipment to be installed; and
(F) any other information determined by the
Secretary to be necessary for a complete
application.
(3) Funding set-asides.--Each fiscal year, the
Secretary may set aside an amount of funding under the
rebate program to ensure, to the extent possible given
the applications meeting the requirements of the rebate
program submitted, rebates are distributed--
(A) to individuals and small businesses, as
determined by the Secretary; and
(B) for electric vehicle supply equipment--
(i) located in rural communities, as
determined by the Secretary; and
(ii) located in low-income and
disadvantaged communities, as
determined by the Secretary.
(4) Rebate amount.--
(A) In general.--Except as provided in
subparagraph (B), the amount of a rebate made
under the rebate program for new electric
vehicle supply equipment at a location shall be
the lesser of--
(i) 75 percent of the applicable
covered expenses;
(ii) $1,000 for covered expenses
associated with the purchase and
installation of non-networked level 2
charging equipment;
(iii) $4,000 for covered expenses
associated with the purchase and
installation of networked level 2
charging equipment; or
(iv) $100,000 for covered expenses
associated with the purchase and
installation of networked direct
current fast charging equipment.
(B) Rebate amount for replacement
equipment.--The amount of a rebate made under
the rebate program for replacement of pre-
existing electric vehicle supply equipment of
similar specifications at a location shall be
the lesser of--
(i) 75 percent of the applicable
covered expenses;
(ii) $500 for covered expenses
associated with the purchase and
installation of non-networked level 2
charging equipment;
(iii) $2,000 for covered expenses
associated with the purchase and
installation of networked level 2
charging equipment; or
(iv) $35,000 for covered expenses
associated with the purchase and
installation of networked direct
current fast charging equipment.
(5) Disbursement of rebate.--
(A) Materials required for disbursement of
rebate.--Before a rebate may be disbursed to an
eligible entity, such eligible entity shall
submit to the Secretary--
(i) a record of payment for covered
expenses expended on the installation
of the electric vehicle supply
equipment that is eligible under
paragraph (1);
(ii) a record of payment for the
electric vehicle supply equipment that
is eligible under paragraph (1);
(iii) the global positioning system
location, including the integer number
of degrees, minutes, and seconds, of
where such electric vehicle supply
equipment was installed and
identification of whether such location
is--
(I) a multi-unit housing
structure;
(II) a workplace; or
(III) publicly accessible,
including a publicly accessible
commercial location, in
accordance with paragraph
(1)(C);
(iv) the technical specifications of
the electric vehicle supply equipment
that is eligible under paragraph (1),
including the maximum power voltage and
amperage of such equipment; and
(v) any other information determined
by the Secretary to be necessary.
(B) Agreement to maintain.--To be eligible
for a rebate under the rebate program, an
eligible entity shall enter into an agreement
with the Secretary to maintain the electric
vehicle supply equipment that is eligible under
paragraph (1) in a satisfactory manner, and at
the location stated in the application or in
the materials submitted under subparagraph (A),
as applicable, for not fewer than 5 years after
the date on which the eligible entity receives
the rebate under the rebate program.
(C) Exception.--The Secretary may decline to
disburse a rebate under the rebate program if
materials submitted under subparagraph (A) vary
significantly, as determined by the Secretary,
from the global positioning system location and
technical specifications for the electric
vehicle supply equipment that is eligible under
paragraph (1) provided in an application under
paragraph (2).
(6) Multi-port chargers.--An eligible entity shall be
awarded a rebate under the rebate program for covered
expenses relating to the purchase and installation of a
multi-port charger based on the number of publicly
accessible charging ports, with each subsequent port
after the first port being eligible for 75 percent of
the full rebate amount.
(7) Hydrogen fuel cell refueling equipment.--Hydrogen
fuel cell refueling equipment shall be eligible for a
rebate under the rebate program as though it were
networked direct current fast charging equipment, and
all applicable requirements related to such equipment
shall apply.
(8) Networked direct current fast charging.--Of
amounts appropriated to carry out the rebate program,
not more than 40 percent may be used for rebates of
networked direct current fast charging equipment or
hydrogen fuel cell refueling equipment.
(c) Definitions.--In this section:
(1) Covered expenses.--The term ``covered expenses''
means an expense that is associated with the purchase
and installation of electric vehicle supply equipment,
including--
(A) the cost of electric vehicle supply
equipment;
(B) labor costs associated with the
installation of such electric vehicle supply
equipment;
(C) material costs associated with the
installation of such electric vehicle supply
equipment, including expenses borne by rebate
recipients for electrical equipment and
necessary upgrades or modifications to the
electrical grid and associated infrastructure
required for the installation of such electric
vehicle supply equipment;
(D) permit costs associated with the
installation of such electric vehicle supply
equipment; and
(E) the cost of an on-site energy storage
system that supports electrical load balancing
or otherwise improves the performance of such
electric vehicle supply equipment.
(2) Eligible entity.--The term ``eligible entity''
means an individual, a State, local, Tribal, or
Territorial government, a private entity, a not-for-
profit entity, a nonprofit entity, or a metropolitan
planning organization.
(3) Level 2 charging equipment.--The term ``level 2
charging equipment'' means electric vehicle supply
equipment that provides an alternating current power
source at a minimum of 208 volts.
(4) Multi-port charger.--The term ``multi-port
charger'' means electric vehicle charging unit capable
of charging more than one electric vehicle
simultaneously.
(5) Networked direct current fast charging
equipment.--The term ``networked direct current fast
charging equipment'' means electric vehicle supply
equipment that is capable of providing a direct current
power source at a minimum of 50 kilowatts and is
enabled to connect to a network to facilitate data
collection and access.
(6) Rebate program.--The term ``rebate program''
means the rebate program established under subsection
(a).
SEC. 30443. ELECTRIC VEHICLE CHARGING EQUITY PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,000,000,000, to remain available until
September 30, 2031 (except that no funds shall be disbursed
after September 30, 2031), to carry out this section.
(b) Program.--The Secretary shall use amounts made available
under subsection (a) to establish and carry out a program, to
be known as the EV Charging Equity Program, to--
(1) provide technical assistance to eligible entities
described in subsection (f);
(2) award grants on a competitive basis to eligible
entities described in subsection (f) for projects that
increase deployment and accessibility of electric
vehicle supply equipment in underserved or
disadvantaged communities, including projects that
are--
(A) publicly accessible;
(B) located within or are easily accessible
to residents of--
(i) public or affordable housing;
(ii) multi-unit dwellings; or
(iii) single-family homes; and
(C) located within or easily accessible to
places of work, provided that such electric
vehicle supply equipment is accessible no fewer
than 5 days per week; and
(3) provide education and outreach regarding the EV
Charging Equity Program and the benefits and
opportunities for electric vehicle charging to
individuals and relevant entities that live within or
serve underserved or disadvantaged communities,
including by providing--
(A) an electric vehicle charging resource
guide that is maintained electronically on a
website, is public, and is directed towards
individuals and relevant entities that live
within or serve underserved or disadvantaged
communities;
(B) targeted outreach towards, and
coordinated public outreach with, relevant
local, State, and Tribal entities, nonprofit
organizations, and institutions of higher
education, that are located within or serve
underserved or disadvantaged communities; and
(C) any other form of education or outreach
as the Secretary determines appropriate.
(c) Cost Share.--
(1) In general.--Except as provided in paragraph (2),
the amount of a grant awarded under this section for a
project shall not exceed 80 percent of project costs.
(2) Single-family homes.--The amount of a grant
awarded under this section for a project that involves,
as a primary focus, single-family homes shall not
exceed 60 percent of project costs.
(d) Priority.--In awarding grants and providing technical
assistance under this section, the Secretary shall give
priority to projects that--
(1) provide the greatest benefit to the greatest
number of people within an underserved or disadvantaged
community;
(2) incorporate renewable energy resources;
(3) maximize local job creation, particularly among
low-income, women, and minority workers; or
(4) utilize or involve locally owned small and
disadvantaged businesses, including women and minority-
owned businesses.
(e) Limitation.--Not more than 15 percent of the amount
awarded for grants under this section in a fiscal year shall be
awarded for projects that involve, as a primary focus, single-
family homes.
(f) Eligible Entities.--
(1) In general.--To be eligible for a grant or
technical assistance under the EV Charging Equity
Program, an entity shall be--
(A) an individual or household that is the
owner of where a project will be carried out;
(B) a State, local, Tribal, or Territorial
government, or an agency or department thereof;
(C) an electric utility, including--
(i) a municipally owned electric
utility;
(ii) a publicly owned electric
utility;
(iii) an investor-owned utility; and
(iv) a rural electric cooperative;
(D) a nonprofit organization or institution;
(E) a public housing authority;
(F) an institution of higher education, as
determined by the Secretary;
(G) an entity that utilizes or involves
locally owned small and disadvantaged
businesses, including women and minority-owned
businesses; or
(H) a partnership between any number of
eligible entities described in subparagraphs
(A) through (G).
(2) Updates.--The Secretary may add to or otherwise
revise the list of eligible entities as the Secretary
determines necessary.
(g) Definitions.--In this section:
(1) Publicly accessible.--The term ``publicly
accessible'' means, with respect to electric vehicle
supply equipment, electric vehicle supply equipment
that is available, at zero or reasonable cost, to
members of the public for the purpose of charging a
privately owned or leased electric vehicle, or electric
vehicle that is available for use by members of the
general public as part of a ride service or vehicle
sharing service or program, including within or
around--
(A) public sidewalks and streets;
(B) public parks;
(C) public buildings, including--
(i) libraries;
(ii) schools; and
(iii) government offices;
(D) public parking;
(E) shopping centers; and
(F) commuter transit hubs.
(2) Underserved or disadvantaged community.--The term
``underserved or disadvantaged community'' means a
community or geographic area that is identified as--
(A) a low-income community;
(B) a Tribal community;
(C) having a disproportionately low number of
electric vehicle charging stations per capita,
compared to similar areas; or
(D) any other community that the Secretary
determines is disproportionately vulnerable to,
or bears a disproportionate burden of, any
combination of economic, social, environmental,
and climate stressors.
SEC. 30444. STATE ENERGY PLANS.
(a) Appropriation.--Section 365(f) of the Energy Policy and
Conservation Act (42 U.S.C. 6325(f)) is amended to read as
follows:
``(f) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available until September
30, 2031 (except that no funds shall be disbursed after
September 30, 2031), to carry out section 367.''.
(b) State Energy Transportation Plans.--
(1) In general.--The Energy Policy and Conservation
Act is amended by adding after section 366 (42 U.S.C.
6326) the following:
``SEC. 367. STATE ENERGY TRANSPORTATION PLANS.
``(a) In General.--The Secretary may provide financial
assistance and technical assistance to a State to develop a
State energy transportation plan, for inclusion in a State
energy conservation plan under section 362(d), to promote the
electrification of the transportation system, reduced
consumption of fossil fuels, and reduced energy demand.
``(b) Development.--A State developing a State energy
transportation plan under this section shall carry out this
activity through the State energy office that is responsible
for developing the State energy conservation plan under section
362.
``(c) Contents.--A State developing a State energy
transportation plan under this section shall include in such
plan a plan to--
``(1) deploy a network of electric vehicle supply
equipment to ensure access to electricity for electric
vehicles, including commercial vehicles, to an extent
that such electric vehicles can travel throughout the
State without running out of a charge; and
``(2) promote modernization of the electric grid,
including through the use of renewable energy sources
to power the electric grid, to accommodate demand for
power to operate electric vehicle supply equipment and
to utilize energy storage capacity provided by electric
vehicles, including commercial vehicles.
``(d) Technical Assistance.--Upon request of the Governor of
a State, the Secretary shall provide information and technical
assistance in the development, implementation, or revision of a
State energy transportation plan.
``(e) Electric Vehicle Supply Equipment Defined.--For
purposes of this section, the term `electric vehicle supply
equipment' means any conductors, including ungrounded,
grounded, and equipment grounding conductors, electric vehicle
connectors, attachment plugs, and all other fittings, devices,
power outlets, electrical equipment, off-grid charging
installations, or apparatuses installed specifically for the
purpose of delivering energy to an electric vehicle or to a
battery intended to be used in an electric vehicle.''.
(2) Conforming amendment.--The table of contents for
part D of title III of the Energy Policy and
Conservation Act is amended by adding at the end the
following:
``Sec. 367. State energy transportation plans.''.
(c) State Energy Conservation Plans.--Section 362(d) of the
Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is
amended--
(1) in paragraph (16), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating paragraph (17) as paragraph
(18); and
(3) by inserting after paragraph (16) the following:
``(17) a State energy transportation plan developed
in accordance with section 367; and''.
SEC. 30445. TRANSPORTATION ELECTRIFICATION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031
(except that no funds shall be disbursed after September 30,
2031)--
(1) $4,000,000,000 for grants under section 131(b) of
the Energy Independence and Security Act of 2007 (42
U.S.C. 17011(b)); and
(2) $6,000,000,000 for grants under subsection (b) of
this section.
(b) Use of Funds.--The Secretary may use amounts made
available under subsection (a)(2) of this section to--
(1) provide grants under subsection (c) of section
131 of the Energy Independence and Security Act of 2007
(42 U.S.C. 17011) for the conduct of qualified electric
transportation projects (as defined in such section
131); and
(2) provide grants in accordance with section 131(c)
of such Act for the conduct of any of the following
projects:
(A) Installation of electric vehicle supply
equipment for recharging plug-in electric drive
vehicles, including such equipment that is
accessible in rural and urban areas and in
underserved or disadvantaged communities and
such equipment for medium- and heavy-duty
vehicles, including at depots and in-route
locations.
(B) Multi-use charging hubs used for multiple
forms of transportation.
(C) Medium- and heavy-duty vehicle smart
charging management and refueling.
(D) Battery recycling and secondary use,
including for medium- and heavy-duty vehicles.
(E) Shipside or shoreside electrification for
ground support equipment at ports.
(F) Electric airport ground support vehicles.
(G) Sharing of best practices, and technical
assistance provided by the Department of Energy
to public utilities commissions and utilities,
for medium- and heavy-duty vehicle
electrification.
(c) Priority.--In making grants under section 131(b) of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17011(b)) using amounts made available under subsection (a)(1)
of this section, in addition to the priority considerations
described in paragraph (3) of such section 131(b), the
Secretary shall give priority consideration to applications
that are likely to make a significant contribution to the
advancement of the production of the components and charging
equipment for the vehicles described in paragraph (1) of such
section 131(b) in the United States.
PART 5--DOE LOAN AND GRANT PROGRAMS
SEC. 30451. FUNDING FOR DEPARTMENT OF ENERGY LOAN PROGRAMS OFFICE.
(a) Commitment Authority.--In addition to commitment
authority otherwise available and previously provided, the
Secretary of Energy may make commitments to guarantee loans for
eligible projects under section 1703 of the Energy Policy Act
of 2005 up to a total principal amount of $30,000,000,000, to
remain available until September 30, 2031, except that no
commitments shall be made using the authority provided by this
section after September 30, 2031: Provided, That for amounts
collected pursuant to section 1702(b)(2) of the Energy Policy
Act of 2005, the source of such payment received from borrowers
may not be a loan or other debt obligation that is guaranteed
by the Federal Government: Provided further, That none of the
loan guarantee authority made available by this section shall
be available for any project unless the Director of the Office
of Management and Budget has certified in advance in writing
that the loan guarantee and the project comply with the
provisions under this section: Provided further, That none of
such loan guarantee authority made available by this section
shall be available for commitments to guarantee loans for any
projects where funds, personnel, or property (tangible or
intangible) of any Federal agency, instrumentality, personnel,
or affiliated entity are expected to be used (directly or
indirectly) through acquisitions, contracts, demonstrations,
exchanges, grants, incentives, leases, procurements, sales,
other transaction authority, or other arrangements, to support
the project or to obtain goods or services from the project:
Provided further, That the previous proviso shall not be
interpreted as precluding the use of the loan guarantee
authority provided by this section for commitments to guarantee
loans for--
(1) projects as a result of such projects benefitting
from otherwise allowable Federal tax benefits;
(2) projects as a result of such projects benefitting
from being located on Federal land pursuant to a lease
or right-of-way agreement for which all consideration
for all uses is--
(A) paid exclusively in cash;
(B) deposited in the Treasury as offsetting
receipts; and
(C) equal to the fair market value as
determined by the head of the relevant Federal
agency;
(3) projects as a result of such projects benefitting
from Federal insurance programs; or
(4) electric generation projects using transmission
facilities owned or operated by a Federal Power
Marketing Administration or the Tennessee Valley
Authority that have been authorized, approved, and
financed independent of the project receiving the
guarantee.
(b) Appropriation.--In addition to amounts otherwise
available and previously provided, there is appropriated to the
Secretary of Energy for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $700,000,000, to
remain available until expended (except that no funds shall be
disbursed after September 30, 2031), for the costs of
guarantees made under section 1703 of the Energy Policy Act of
2005, using the loan guarantee authority provided under
subsection (a) of this section, for renewable or energy
efficient systems and manufacturing, and distributed energy
generation, transmission, and distribution.
(c) Administrative Expenses.--Of the amount made available
under subsection (b), the Secretary of Energy shall reserve 3
percent for administrative expenses to carry out title XVII of
the Energy Policy Act of 2005 and for carrying out section
1702(h)(3) of such Act.
SEC. 30452. ADVANCED TECHNOLOGY VEHICLE MANUFACTURING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,000,000,000, to remain available
until expended (except that no funds shall be disbursed after
September 30, 2031), for the costs of--
(1) providing direct loans under subsection (d) of
section 136 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17013); and
(2) providing direct loans in accordance with such
section 136, for reequipping, expanding, or
establishing a manufacturing facility in the United
States to produce, or for engineering integration
performed in the United States of, any of the following
that emit, under any possible operational mode or
condition, zero exhaust emissions of any greenhouse
gas:
(A) A medium duty vehicle or a heavy duty
vehicle.
(B) A train or locomotive.
(C) A maritime vessel.
(D) An aircraft.
(E) Hyperloop technology.
(b) Administrative Costs.--The Secretary shall reserve
$12,000,000 of amounts made available under subsection (a) for
administrative costs of providing loans as described in
subsection (a).
(c) Elimination of Loan Program Cap.--Section 136(d)(1) of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17013(d)(1)) is amended by striking ``a total of not more than
$25,000,000,000 in''.
SEC. 30453. DOMESTIC MANUFACTURING CONVERSION GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $1,000,000,000, to remain available
until expended (except that no funds shall be disbursed after
September 30, 2031), for grants relating to domestic production
of zero-emission vehicles under section 712 of the Energy
Policy Act of 2005 (42 U.S.C. 16062).
(b) Administrative Costs.--The Secretary shall reserve 2
percent of amounts made available under subsection (a) for
administrative costs of making grants described in such
subsection (a) pursuant to section 712 of the Energy Policy Act
of 2005 (42 U.S.C. 16062).
SEC. 30454. ENERGY COMMUNITY REINVESTMENT FINANCING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $2,000,000,000, to remain available until
expended (except that no funds shall be disbursed after
September 30, 2031), for the cost of providing financial
support under section 1706 of the Energy Policy Act of 2005.
(b) Amendment.--Title XVII of the Energy Policy Act of 2005
(42 U.S.C. 16511 et seq.) is amended by adding at the end the
following:
``SEC. 1706. ENERGY COMMUNITY REINVESTMENT FINANCING PROGRAM.
``(a) Establishment.--Notwithstanding section 1702(f) and
section 1703, and not later than 180 days after the date of
enactment of this section, the Secretary shall establish a
program to provide financial support, in such form and on such
terms and conditions as the Secretary determines appropriate,
to eligible entities for the purpose of enabling low-carbon
reinvestments in energy communities, which such reinvestments
may include--
``(1) supporting workers who are or have been engaged
in providing, or have been affected by the provision
of, energy-intensive goods or services by helping such
workers find employment opportunities, including by
providing training and education;
``(2) redeveloping a community that is or was engaged
in providing, or has been affected by the provision of,
energy-intensive goods or services;
``(3) accelerating remediation of environmental
damage caused by the provision of energy-intensive
goods or services; and
``(4) mitigating the effects on customers of any
significant reduction in the carbon intensity of goods
or services provided by the eligible entity, including
by the cost-effective abatement of greenhouse gas
emissions from continuing operations and the
repowering, retooling, repurposing, redeveloping, or
remediating of any long-lived assets, lands, or
infrastructure currently or previously used by the
eligible entity primarily to support the provision of
energy-intensive goods or services.
``(b) Application Requirement.--To apply for financial
support provided under this section, an eligible entity shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require, which such application shall include--
``(1) a detailed plan describing the activities to be
carried out in accordance with subsection (a),
including activities for the measurement, monitoring,
and verification of emissions of greenhouse gases; and
``(2) if the eligible entity is a utility subject to
regulation by a State commission or other State
regulatory authority, assurances, as determined
appropriate by the Secretary, that such eligible entity
shall pass through any financial benefit from the
provision of any financial support under this section
to its customers or energy communities.
``(c) Other Requirements.--
``(1) Fees.--Notwithstanding section 1702(h)(1), the
Secretary shall charge and collect a fee from each
eligible entity that received financial support
provided under this section in an amount the Secretary
determines sufficient to cover applicable
administrative expenses (including any costs associated
with third party consultants engaged by the Secretary).
``(2) Use of appropriated funds.--Any cost for any
financial support provided under this section shall be
paid by the Secretary using appropriated funds.
``(3) Application of other law.--Section 20320(a) of
division B of Public Law 109-289 (42 U.S.C. 16515(a))
shall not apply to this section.
``(d) Definitions.--In this section:
``(1) Cost; direct loan.--The terms `cost' and
`direct loan' have the meanings given such terms in
section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a).
``(2) Eligible entity.--The term `eligible entity'
means any entity that is directly affiliated with the
provision of energy-intensive goods or services.
``(3) Energy community.--The term `energy community'
means a community whose members are or were engaged in
providing, or have been affected by the provision of,
energy-intensive goods and services.
``(4) Financial support.--The term `financial
support' means any credit product or support the
Secretary determines appropriate to implement this
section, including--
``(A) a direct loan;
``(B) a line of credit; and
``(C) a guarantee, including of a letter of
credit for the purposes of subsection (a)(3).
``(5) Guarantee.--The term `guarantee' has the
meaning given such term in section 1701.''.
PART 6--ELECTRIC TRANSMISSION
SEC. 30461. TRANSMISSION LINE AND INTERTIE GRANTS AND LOANS.
(a) Appropriation.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Energy for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $8,000,000,000, to
remain available until September 30, 2031 (except that
no funds shall be disbursed after September 30, 2031),
for purposes of providing grants and direct loans under
subsection (b), and for administrative expenses
associated with carrying out this section: Provided,
That none of such loan authority made available by this
section shall be available for loans for any projects
where funds, personnel, or property (tangible or
intangible) of any Federal agency, instrumentality,
personnel, or affiliated entity are expected to be used
(directly or indirectly) through acquisitions,
contracts, demonstrations, exchanges, grants,
incentives, leases, procurements, sales, other
transaction authority, or other arrangements to support
the project or to obtain goods or services from the
project: Provided further, That the previous proviso
shall not be interpreted as precluding the use of the
loan authority provided by this section for commitments
to loans for: (1) projects benefitting from otherwise
allowable Federal tax benefits; (2) projects
benefitting from being located on Federal land pursuant
to a lease or right-of-way agreement for which all
consideration for all uses is: (A) paid exclusively in
cash; (B) deposited in the Treasury as offsetting
receipts; and (C) equal to the fair market value as
determined by the head of the relevant Federal agency;
(3) projects benefitting from Federal insurance
programs; or (4) electric generation projects using
transmission facilities owned or operated by a Federal
Power Marketing Administration or the Tennessee Valley
Authority that have been authorized, approved, and
financed independent of the project receiving the
guarantee: Provided further, That none of the loan
authority made available by this section shall be
available for any project unless the Director of the
Office of Management and Budget has certified in
advance in writing that the loan and the project comply
with the provisions under this section.
(2) Limit.--Not more than $1,000,000,000 of the
amount appropriated under paragraph (1) may be used to
pay for the costs of providing direct loans under
subsection (b).
(b) In General.--Except as provided in subsection (c), the
Secretary of Energy may provide grants and direct loans to
eligible entities to construct new, or make upgrades to
existing, eligible transmission lines or eligible interties,
including the related facilities thereof, if the Secretary of
Energy determines that such construction or upgrade would
support--
(1) a more robust and resilient electric grid; and
(2) the integration of electricity from a clean
energy facility into the electric grid.
(c) Other Requirements.--
(1) Interest rates.--The Secretary of Energy shall
determine the rate of interest to charge on direct
loans provided under subsection (b) by taking into
consideration market yields on outstanding marketable
obligations of the United States of comparable
maturities as of the date the loan is disbursed.
(2) Terms and conditions.--In providing direct loans
under subsection (b), the Secretary may require such
terms and conditions the Secretary determines
appropriate.
(3) Recovery of costs for grants.--A grant provided
under this section may not be used to construct new, or
make upgrades to existing, eligible transmission lines
or eligible interties if the costs for such
construction or upgrade are approved for recovery
through a Transmission Organization (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)).
(d) Definitions.--In this section:
(1) Clean energy facility.--The term ``clean energy
facility'' means any electric generating unit that does
not emit carbon dioxide.
(2) Direct loan.--The term ``direct loan'' means a
disbursement of funds by the Government to a non-
Federal borrower under a contract that requires the
repayment of such funds with or without interest. The
term includes the purchase of, or participation in, a
loan made by another lender and financing arrangements
that defer payment for more than 90 days, including the
sale of a government asset on credit terms.
(3) Eligible entity.--The term ``eligible entity''
means a non-Federal entity.
(4) Eligible intertie.--The term ``eligible
intertie'' means--
(A) any interties across the seam between the
Western Interconnection and the Eastern
Interconnection;
(B) the Pacific Northwest-Pacific Southwest
Intertie;
(C) any interties between the Electric
Reliability Council of Texas and the Western
Interconnection or the Eastern Interconnection;
or
(D) such other interties that the Secretary
determines contribute to--
(i) a more robust and resilient
electric grid; and
(ii) the integration of electricity
from a clean energy facility into the
electric grid.
(5) Eligible transmission line.--The term ``eligible
transmission line'' means an electric power
transmission line that--
(A) in the case of new construction under
subsection (b), has a transmitting capacity of
not less than 1,000 megawatts;
(B) in the case of an upgrade made under
subsection (b), the upgrade to which will
increase its transmitting capacity by not less
than 500 megawatts; and
(C) is capable of transmitting electricity--
(i) across any eligible intertie;
(ii) from an offshore wind generating
facility; or
(iii) along a route, or in a
corridor, determined by the Secretary
of Energy to be necessary to meet
interregional or national electricity
transmission needs.
SEC. 30462. GRANTS TO FACILITATE THE SITING OF INTERSTATE ELECTRICITY
TRANSMISSION LINES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $800,000,000, to remain available until
September 30, 2031 (provided no funds shall be disbursed after
such date), for making grants in accordance with this section
and for administrative expenses associated with carrying out
this section.
(b) Use of Funds.--
(1) In general.--The Secretary may make a grant under
this section to a siting authority for, with respect to
a covered transmission project, any of the following
activities:
(A) Studies and analyses of the impacts of
the covered transmission project, including the
environmental, reliability, wildlife, cultural,
historical, water, land-use, public health,
employment, tax-revenue, market, cost, and rate
regulation impacts.
(B) Examination of up to 3 alternate siting
corridors within which the covered transmission
project feasibly could be sited.
(C) Hosting and facilitation of negotiations
in settlement meetings involving the siting
authority, the covered transmission project
applicant, and opponents of the covered
transmission project, for the purpose of
identifying and addressing issues that are
preventing approval of the application relating
to the siting or permitting of the covered
transmission project.
(D) Participation by the siting authority in
regulatory proceedings or negotiations in
another jurisdiction, or under the auspices of
a Transmission Organization (as defined in
section 3 of the Federal Power Act (16 U.S.C.
796)) that is also considering the siting or
permitting of the covered transmission project.
(E) Participation by the siting authority in
regulatory proceedings at the Federal Energy
Regulatory Commission or a State regulatory
commission for determining applicable rates and
cost allocation for the covered transmission
project.
(F) Other measures and actions that may
improve the chances of, and shorten the time
required for, approval by the siting authority
of the application relating to the siting or
permitting of the covered transmission project,
as the Secretary determines appropriate.
(2) Economic development.--The Secretary may make a
grant under this section to a siting authority, or
other State, local, or Tribal governmental entity, for
economic development activities for communities that
may be affected by the construction and operation of a
covered transmission project.
(c) Conditions.--
(1) Final decision on application.--In order to
receive a grant for an activity described in subsection
(b)(1), the Secretary shall require a siting authority
to agree, in writing, to reach a final decision on the
application relating to the siting or permitting of the
applicable covered transmission project not later than
2 years after the date on which such grant is provided,
unless the Secretary authorizes an extension for good
cause.
(2) Federal share.--The Federal share of the cost of
an activity described in subparagraph (D) or (E) of
subsection (b)(1) shall not exceed 50 percent.
(3) Economic development.--The Secretary may only
disburse grant funds for economic development
activities under subsection (b)(2)--
(A) to a siting authority upon approval by
the siting authority of the applicable covered
transmission project; and
(B) to any other State, local, or Tribal
governmental entity upon commencement of
construction of the applicable covered
transmission project in the area under the
jurisdiction of the entity.
(d) Returning Funds.--If a siting authority that receives a
grant for an activity described in subsection (b)(1) fails to
use all grant funds within 2 years of receipt, the siting
authority shall return to the Secretary any such unused funds.
(e) Definitions.--In this section:
(1) Covered transmission project.--The term ``covered
transmission project'' means a high-voltage interstate
electricity transmission line--
(A) that is proposed to be constructed and to
operate at a minimum of 275 kilovolts of either
alternating-current or direct-current electric
energy by an entity; and
(B) for which such entity has applied, or
informed a siting authority of such entity's
intent to apply, for regulatory approval.
(2) Siting authority.--The term ``siting authority''
means a State, local, or Tribal governmental entity
with authority to make a final determination regarding
the siting, permitting, or regulatory status of a
covered transmission project that is proposed to be
located in an area under the jurisdiction of the
entity.
SEC. 30463. ORGANIZED WHOLESALE ELECTRICITY MARKET TECHNICAL ASSISTANCE
GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until fiscal
year 2031 (except that no funds shall be disbursed after
September 30, 2031), for purposes of providing technical
assistance and grants under subsection (b).
(b) Technical Assistance and Grants.--The Secretary shall use
amounts made available under subsection (a) to--
(1) provide grants to States to pay for--
(A) technical assistance for any of the
activities described in subsection (c); or
(B) the procurement of data or technology
systems related to any of the activities
described in subsection (c); and
(2) provide technical assistance for the activities
described in subsection (c).
(c) Activities.--The activities described in this subsection
are--
(1) forming, expanding, or improving an organized
wholesale electricity market, including with respect
to--
(A) market governance assistance;
(B) planning and policy assistance; and
(C) regulatory development assistance;
(2) aligning the policies of an organized wholesale
electricity market with relevant State policies; and
(3) evaluating the economic, operational,
reliability, environmental, and other benefits of
organized wholesale electricity markets.
(d) Applications.--
(1) In general.--To apply for technical assistance or
a grant provided under this section, a State shall
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
(2) Grants.--An application for a grant submitted
under paragraph (1) shall certify how the State will
use the grant in accordance with subsection (b).
(e) Priority.--In evaluating applications submitted under
subsection (c), the Secretary shall give priority to
applications that are submitted by more than one State.
(f) Definitions.--In this section:
(1) Independent system operator; regional
transmission organization.--The terms ``Independent
System Operator'' and ``Regional Transmission
Organization'' have the meanings given such terms in
section 3 of the Federal Power Act (16 U.S.C. 796).
(2) Organized wholesale electricity market.--The term
``organized wholesale electricity market'' means an
Independent System Operator or a Regional Transmission
Organization.
(3) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(4) State.--The term ``State'' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and Guam.
SEC. 30464. INTERREGIONAL AND OFFSHORE WIND ELECTRICITY TRANSMISSION
PLANNING, MODELING, AND ANALYSIS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available until
September 30, 2031 (except that no funds shall be disbursed
after such date), to carry out this section.
(b) Use of Funds.--The Secretary of Energy shall use amounts
made available under subsection (a) to--
(1) pay expenses associated with convening relevant
stakeholders, including States, generation and
transmission developers, regional transmission
organizations, independent system operators,
environmental organizations, Indian Tribes, and other
stakeholders the Secretary determines appropriate, to
address the development of interregional electricity
transmission and transmission of electricity that is
generated by offshore wind; and
(2) conduct planning, modeling, and analysis
regarding interregional electricity transmission and
transmission of electricity that is generated by
offshore wind, taking into account the local, regional,
and national economic, reliability, resilience,
security, public policy, and environmental benefits of
interregional electricity transmission and transmission
of electricity that is generated by offshore wind,
including planning, modeling, and analysis, as the
Secretary determines appropriate, pertaining to--
(A) clean energy integration into the
electric grid, including the identification of
renewable energy zones;
(B) the effects of changes in weather due to
climate change on the reliability and
resilience of the electric grid;
(C) cost allocation methodologies that
facilitate the expansion of the bulk power
system;
(D) the benefits of coordination between
generator interconnection processes and
transmission planning processes;
(E) the effect of increased electrification
on the electric grid;
(F) power flow modeling;
(G) the benefits of increased
interconnections or interties between or among
the Western Interconnection, the Eastern
Interconnection, the Electric Reliability
Council of Texas, and other interconnections,
as applicable;
(H) the cooptimization of transmission and
generation, including variable energy
resources, energy storage, and demand-side
management;
(I) the opportunities for use of
nontransmission alternatives and grid-enhancing
technologies;
(J) economic development opportunities for
communities arising from development of
interregional electricity transmission and
transmission of electricity that is generated
by offshore wind; and
(K) evaluation of existing rights-of-way and
the need for additional transmission corridors.
PART 7--ENVIRONMENTAL REVIEWS
SEC. 30471. DEPARTMENT OF ENERGY.
In addition to amounts otherwise available, there is
appropriated to the Department of Energy for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$200,000,000, to remain available until September 30, 2031
(except that no amounts may be disbursed after September 30,
2031), to provide for more efficient and more effective
environmental reviews under the National Environmental Policy
Act of 1969 through the hiring and training of additional
personnel, the development of programmatic assessments or
templates, the procurement of technical or scientific services,
the development of data or technology systems, stakeholder and
community engagement, and the purchase of new equipment.
SEC. 30472. FEDERAL ENERGY REGULATORY COMMISSION.
In addition to amounts otherwise available, there is
appropriated to the Federal Energy Regulatory Commission for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available until
September 30, 2031 (except that no amounts may be disbursed
after September 30, 2031), to provide for more efficient and
more effective environmental reviews under the National
Environmental Policy Act of 1969 through the hiring and
training of additional personnel, the development of
programmatic assessments or templates, the procurement of
technical or scientific services, the development of data or
technology systems, stakeholder and community engagement, and
the purchase of new equipment.
PART 8--OTHER ENERGY MATTERS
SEC. 30481. FEDERAL ENERGY EFFICIENCY FUND.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $17,500,000,000, to remain available
until expended (except that no funds shall be disbursed after
September 30, 2031), to provide grants to agencies to assist
them in meeting the requirements of section 543 of the National
Energy Conservation Policy Act (42 U.S.C. 8253) or to assist
agencies in reducing the carbon emissions of new or existing
Federal buildings and Federal fleets.
(b) Use of Funds.--The Secretary shall use the funds made
available pursuant to subsection (a) to provide grants to
agencies pursuant to section 546(b) of the National Energy
Conservation Policy Act (42 U.S.C. 8256(b)), and to establish a
program to provide competitive grants to agencies, to carry out
projects for onsite or offsite measures that--
(1) are applied to or serve a Federal building or
Federal fleet; and
(2) involve energy conservation, cogeneration
facilities, renewable energy sources, low carbon
materials, improvements in operations and maintenance
efficiencies, retrofit activities, automotive supply
equipment, building electrification, energy storage
devices, energy consuming devices and required support
structures, or carbon-pollution free electricity.
(c) Considerations.--In providing grants under subsection
(b), the Secretary may consider--
(1) the cost-effectiveness of the project;
(2) the extent to which a project promotes the
integration of clean energy, carbon pollution-free
electricity, low carbon materials, automotive supply
equipment, and such other onsite or offsite measures as
the Secretary determines to be appropriate;
(3) the amount of energy and cost savings anticipated
to the Federal Government;
(4) the amount of funding committed to the project by
the agency requesting the grant;
(5) the extent that a proposal leverages financing
from other non-Federal sources; and
(6) any other factor which the Secretary determines
is in furtherance of this section.
(d) Definitions.--In this section:
(1) Automotive supply equipment.--The term
``automotive supply equipment'' means any conductors,
including ungrounded, grounded, and equipment grounding
conductors, electric vehicle connectors, attachment
plugs, and all other fittings, devices, power outlets,
electrical equipment, or apparatuses installed
specifically for the purpose of delivering energy to an
electric vehicle or to a battery intended to be used in
an electric vehicle.
(2) Low carbon material.--The term ``low carbon
material'' means any material for which the quantity of
greenhouse gases (measured in kilograms of carbon
dioxide equivalent) emitted to the atmosphere by the
manufacture, transportation, installation, maintenance,
and disposal of the material is significantly lower
than such quantity for another, similar material, as
measured and reported in an environmental product
declaration.
SEC. 30482. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Energy for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000,000, to remain available until
September 30, 2031 (except that no funds shall be disbursed
after September 30, 2031), to carry out the Energy Efficiency
and Conservation Block Grant Program established under section
542(a) of the Energy Independence and Security Act of 2007 (42
U.S.C. 17152(a)), of which--
(1) $2,500,000,000 shall be distributed in accordance
with section 543 of such Act (42 U.S.C. 17153); and
(2) $2,5000,000,000 shall be awarded to eligible
entities on a competitive basis.
(b) Program.--In carrying out subsection (a), in addition to
providing assistance described in section 542(b)(1) of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17152(b)(1)), the Secretary may also provide assistance to
eligible entities for implementing strategies to reduce fossil
fuel emissions created as a result of activities within the
jurisdictions of eligible entities in a manner that diversifies
energy supplies, including by facilitating and promoting the
use of alternative fuels.
(c) Use of Funds.--In carrying out subsection (a), for
purposes of section 544 of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17154), the Secretary may also consider
to be activities that achieve the purposes of the Energy
Efficiency and Conservation Block Grant Program--
(1) the deployment of energy distribution
technologies that significantly increase energy
efficiency or expand access to alternative fuels,
including distributed resources, district heating and
cooling systems, and infrastructure for delivering
alternative fuels; and
(2) programs for financing energy efficiency,
renewable energy, and zero-emission transportation (and
associated infrastructure) capital investments,
projects, and programs--
(A) which may include loan programs and
performance contracting programs for leveraging
of additional public and private sector funds,
and programs that allow rebates, grants, or
other incentives for the purchase and
installation of energy efficiency, renewable
energy, and zero-emission transportation (and
associated infrastructure) measures; or
(B) which may be used or implemented in
connection with buildings owned and operated by
a State, a political subdivision of a State, an
agency or instrumentality of a State, or an
organization exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 501(c)(3)).
(d) Competitive Grants.--In carrying out subsection (a), for
purposes of section 546(c)(2) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17156(c)(2)), the Secretary may
give priority to units of local government that plan to carry
out projects to expand the use of alternative fuels that would
result in significant energy efficiency improvements or
reductions in fossil fuel use.
(e) Administrative Expenses.--Of the amount made available
under subsection (a), the Secretary shall reserve 10 percent
for administrative expenses to carry out this section.
(f) Technical Amendments.--Section 543 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17153) is
amended--
(1) in subsection (c), by striking ``subsection
(a)(2)'' and inserting ``subsection (a)(3)''; and
(2) in subsection (d), by striking ``subsection
(a)(3)'' and inserting ``subsection (a)(4)''.
SEC. 30483. LOW-INCOME SOLAR.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Department of Energy
for fiscal year 2022, out of any amounts in the Treasury not
otherwise appropriated, $2,500,000,000, to remain available
until expended (except that no funds shall be disbursed after
September 30, 2031), to carry out this section.
(b) In General.--The Secretary shall use funds appropriated
by subsection (a) to provide financial assistance to eligible
entities to--
(1) carry out eligible planning projects; or
(2) carry out eligible installation projects.
(c) Applications.--
(1) In general.--To be eligible to receive assistance
under this section, an eligible entity shall submit to
the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require.
(2) Inclusion for installation assistance.--For an
eligible entity to receive assistance for an eligible
installation project, the Secretary shall require the
eligible entity to include in an application under
paragraph (1)--
(A) information that demonstrates that the
eligible entity has obtained, or has the
capacity to obtain, necessary permits,
subscribers, access to an installation site,
and any other items or agreements necessary to
complete the installation of the applicable
covered facility;
(B) information that demonstrates that the
covered facility installed using such
assistance will comply with local building and
safety codes and standards;
(C) a description of the mechanism through
which financial benefits will be distributed to
beneficiaries or subscribers; and
(D) an estimate of the anticipated financial
benefit for beneficiaries or subscribers.
(3) Consideration of planning projects.--The
Secretary may consider the completion of an eligible
planning project pursuant to subsection (b)(1) by the
eligible entity to be sufficient to demonstrate the
ability of the eligible entity to meet the requirements
of paragraph (2)(A).
(d) Selection.--
(1) In general.--In selecting eligible projects to
receive assistance under this section, the Secretary
shall--
(A) prioritize--
(i) eligible installation projects
that will result in the most financial
benefit for beneficiaries, as
determined by the Secretary;
(ii) eligible installation projects
that will result in development of
covered facilities in underserved
areas; and
(iii) eligible projects that include
apprenticeship, job training, or
community participation as part of
their application; and
(B) ensure that such assistance is provided
in a manner that results in eligible projects
being carried out on a geographically diverse
basis within and among States.
(2) Determination of financial benefit.--In
determining the amount of financial benefit for low-
income households of an eligible installation project,
the Secretary shall ensure that all calculations for
estimated household energy savings are based solely on
electricity offsets from the applicable covered
facility and use formulas established by the State or
local government with jurisdiction over the applicable
covered facility for verifiable household energy
savings estimates that accrue to low-income households.
(e) Assistance.--
(1) Form.--The Secretary may provide assistance under
this section in the form of a grant, rebate, or low-
interest loan.
(2) Multiple projects for same facility.--
(A) In general.--An eligible entity may apply
for assistance under this section for an
eligible planning project and an eligible
installation project for the same covered
facility.
(B) Separate selections.--Selection by the
Secretary for assistance under this section of
an eligible planning project does not require
the Secretary to select for assistance under
this section an eligible installation project
for the same covered facility.
(f) Use of Assistance.--
(1) Eligible planning projects.--An eligible entity
receiving assistance for an eligible planning project
under this section may use such assistance to pay the
costs of pre-installation activities associated with an
applicable covered facility, including--
(A) feasibility studies;
(B) permitting;
(C) site assessment;
(D) identification of beneficiaries or
subscribers; or
(E) such other costs determined by the
Secretary to be appropriate.
(2) Eligible installation projects.--An eligible
entity receiving assistance for an eligible
installation project under this section may use such
assistance to pay the costs of--
(A) installation and operation of a covered
facility, including costs associated with
materials, permitting, labor, or site
preparation;
(B) storage technology sited at a covered
facility;
(C) interconnection service expenses;
(D) offsetting the cost of a subscription for
a covered facility described in subsection
(h)(4)(A) for subscribers that are members of a
low-income household; or
(E) such other costs determined by the
Secretary to be appropriate.
(g) Use of Funds.--Of the funds appropriated by this section,
the Secretary shall use not less than 85 percent to provide
assistance for eligible installation projects.
(h) Definitions.--In this section:
(1) Beneficiary.--The term ``beneficiary'' means a
low-income household that receives a financial benefit
from the installation and operation of a covered
facility.
(2) Community solar facility.--The term ``community
solar facility'' means a solar generating facility
that--
(A) has multiple subscribers that receive
financial benefits that are directly
attributable to the facility; and
(B) has a nameplate rating of 5 megawatts AC
or less.
(3) Community solar subscription.--The term
``community solar subscription'' means a share in the
capacity, or a proportional interest in the electricity
generation, of a community solar facility.
(4) Covered facility.--The term ``covered facility''
means--
(A) a community solar facility at least 50
percent of the capacity of which is reserved
for low-income households;
(B) a solar generating facility located at a
residence of a low-income household; or
(C) a solar generating facility located at a
multi-family affordable housing complex.
(5) Eligible entity.--The term ``eligible entity''
means--
(A) a nonprofit organization that provides
services to low-income households or multi-
family affordable housing complexes;
(B) a developer, owner, or operator of a
covered facility;
(C) a State, or political subdivision
thereof;
(D) an Indian Tribe, tribally owned electric
utility, or tribal energy development
organization;
(E) a Native Hawaiian community-based
organization;
(F) any other national or regional entity
that has experience developing or installing
solar generating facilities for low-income
households that maximize financial benefits to
those households; and
(G) an electric cooperative or a municipality
that is an electric utility (as such terms are
defined in section 3 of the Federal Power Act).
(6) Eligible installation project.--The term
``eligible installation project'' means a project to
install and operate a covered facility.
(7) Eligible planning project.--The term ``eligible
planning project'' means a project to carry out pre-
installation activities for the development of a
covered facility.
(8) Eligible project.--The term ``eligible project''
means--
(A) an eligible planning project; or
(B) an eligible installation project.
(9) Feasibility study.--The term ``feasibility
study'' means a study or assessment that determines the
feasibility of a specific solar generating facility,
including a customer interest assessment and a siting
assessment, as determined by the Secretary.
(10) Indian tribe.--The term ``Indian Tribe'' means
any Indian Tribe, band, nation, Tribal Organization, or
other organized group or community, including any
Alaska Native village, Regional Corporation, or Village
Corporation, that is recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as Indians.
(11) Interconnection service.--The term
``interconnection service'' has the meaning given such
term in section 111(d)(15) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C.
2621(d)(15)).
(12) Low-income household.--The term ``low-income
household'' means a household with an income that--
(A) is at or below 80 percent of the area
median income, or 200 percent of the Federal
poverty level, whichever is higher, except that
the Secretary may establish a higher level if
the Secretary determines that such a higher
level is necessary to carry out the purposes of
this section; or
(B) if the State in which the household is
located elects, is the basis for eligibility
for assistance under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), provided that such basis is at least 200
percent of the Federal poverty level.
(13) Multi-family affordable housing complex.--The
term ``multi-family affordable housing complex'' means
any federally subsidized affordable housing complex in
which at least 50 percent of the units are reserved for
low-income households.
(14) Native hawaiian community-based organization.--
The term ``Native Hawaiian community-based
organization'' means any organization that is composed
primarily of Native Hawaiians from a specific community
and that assists in the social, cultural, and
educational development of Native Hawaiians in that
community.
(15) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(16) Solar generating facility.--The term ``solar
generating facility'' means--
(A) a generator that creates electricity from
photons; and
(B) the accompanying hardware enabling that
electricity to flow--
(i) onto the electric grid;
(ii) into a facility or structure; or
(iii) into an energy storage device.
(17) State.--The term ``State'' means each of the 50
States, the District of Columbia, Guam, the
Commonwealth of Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, and American Samoa.
(18) Subscriber.--The term ``subscriber'' means a
person who--
(A) owns a community solar subscription, or
an equivalent unit or share of the capacity or
generation of a community solar facility; or
(B) is a member of a low-income household
that financially benefits from a community
solar facility, even if the person does not own
a community solar subscription for the
facility.
(19) Underserved area.--The term ``underserved area''
means--
(A) a geographical area with low or no
photovoltaic solar deployment, as determined by
the Secretary;
(B) a geographical area that has low or no
access to electricity, as determined by the
Secretary;
(C) a geographical area with a high energy
burden, as determined by the Secretary; or
(D) trust land, as defined in section 3765 of
title 38, United States Code.
SEC. 30484. OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Department of Energy for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until September 30, 2031
(except that no funds shall be disbursed after September 30,
2031), for oversight by the Department of Energy Office of
Inspector General of the Department of Energy activities for
which funding is appropriated in this subtitle.
Subtitle F--Affordable Health Care Coverage
SEC. 30601. ENSURING AFFORDABILITY OF COVERAGE FOR CERTAIN LOW-INCOME
POPULATIONS.
(a) Reducing Cost Sharing Under Qualified Health Plans.--
Section 1402 of the Patient Protection and Affordable Care Act
(42 U.S.C. 18071) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by inserting ``(or,
with respect to plan years 2023 and 2024, whose
household income does not exceed 400 percent of
the poverty line for a family of the size
involved)'' before the period; and
(B) in the matter following paragraph (2), by
adding at the end the following new sentence:
``In the case of an individual with a household
income that does not exceed 138 percent of the
poverty line for a family of the size involved
for any month occurring during the period
beginning on January 1, 2022, and ending on
December 31, 2022, such individual shall, for
such month and for each succeeding month during
such period, be treated as having household
income equal to 100 percent for purposes of
applying this section.''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), in the matter
preceding clause (i), by inserting ``, with
respect to eligible insureds (other than, with
respect to plan years 2023 and 2024, specified
enrollees (as defined in paragraph (6)(C))),''
after ``first be achieved'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``with respect
to eligible insureds (other than, with respect
to plan years 2023 and 2024, specified
enrollees)'' after ``under the plan'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking
``this subsection'' and inserting
``paragraph (1) or (2)''; and
(ii) in subparagraph (B), by striking
``this section'' and inserting
``paragraphs (1) and (2)''; and
(D) by adding at the end the following new
paragraph:
``(6) Special rule for specified enrollees.--
``(A) In general.--The Secretary shall
establish procedures under which the issuer of
a qualified health plan to which this section
applies shall reduce cost-sharing under the
plan with respect to months occurring during
plan years 2023 and 2024 for enrollees who are
specified enrollees (as defined in subparagraph
(C)) in a manner sufficient to increase the
plan's share of the total allowed costs of
benefits provided under the plan to 99 percent
of such costs.
``(B) Methods for reducing cost sharing.--
``(i) In general.--An issuer of a
qualified health plan making reductions
under this paragraph shall notify the
Secretary of such reductions and the
Secretary shall, out of funds made
available under clause (ii), make
periodic and timely payments to the
issuer equal to 12 percent of the total
allowed costs of benefits provided
under each such plan to specified
enrollees during plan years 2023 and
2024.
``(ii) Appropriation.--In addition to
amounts otherwise available, there are
appropriated, out of any money in the
Treasury not otherwise appropriated,
such sums as may be necessary to the
Secretary to make payments under clause
(i).
``(C) Specified enrollee defined.--For
purposes of this section, the term `specified
enrollee' means, with respect to a month
occurring during a plan year, an eligible
insured with a household income that does not
exceed 138 percent of the poverty line for a
family of the size involved during such month.
Such insured shall be deemed to be a specified
enrollee for each succeeding month in such plan
year.''.
(b) Open Enrollments Applicable to Certain Lower-income
Populations.--Section 1311(c) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031(c)) is amended--
(1) in paragraph (6)--
(A) in subparagraph (C), by striking at the
end ``and'';
(B) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) with respect to a qualified health plan
with respect to which section 1402 applies, for
months occurring during the period beginning on
January 1, 2022, and ending on December 31,
2024, enrollment periods described in
subparagraph (A) of paragraph (8) for
individuals described in subparagraph (B) of
such paragraph.''; and
(2) by adding at the end the following new paragraph:
``(8) Special enrollment period for certain low-
income populations.--
``(A) In general.--The enrollment period
described in this paragraph is, in the case of
an individual described in subparagraph (B),
the continuous period beginning on the first
day that such individual is so described.
``(B) Individual described.--For purposes of
subparagraph (A), an individual described in
this subparagraph is an individual--
``(i) with a household income that
does not exceed 138 percent of the
poverty line for a family of the size
involved; and
``(ii) who is not eligible for
minimum essential coverage (as defined
in section 5000A(f) of the Internal
Revenue Code of 1986), other than for
coverage described in any of
subparagraphs (B) through (E) of
paragraph (1) of such section.''.
(c) Additional Benefits for Certain Low-income Individuals
for Plan Year 2024.--Section 1301(a) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18021(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and''
at the end;
(B) in subparagraph (C)(iv), by striking the
period and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) provides, with respect to a plan
offered in the silver level of coverage to
which section 1402 applies during plan year
2024, for benefits described in paragraph (5)
in the case of an individual who, for a month
during such plan year, has a household income
that does not exceed 138 percent of the poverty
line for a family of the size involved, and who
is eligible to receive cost-sharing reductions
under section 1402.''; and
(2) by adding at the end the following new paragraph:
``(5) Additional benefits for certain low-income
individuals for plan year 2024.--
``(A) In general.--For purposes of paragraph
(1)(D), the benefits described in this
paragraph to be provided by a qualified health
plan are benefits consisting of non-emergency
medical transportation services (as described
in section 1902(a)(4)) and services described
in subsection (a)(4)(C) of section 1905 of the
Social Security Act, without any restriction on
the choice of a qualified provider from whom
such an individual so enrolled in such plan may
receive such services described in such
subsection, and without any imposition of cost
sharing, which are not otherwise provided under
such plan as part of the essential health
benefits package described in section 1302(a).
``(B) Payments for additional benefits.--
``(i) In general.--An issuer of a
qualified health plan making payments
for services described in subparagraph
(A) furnished to individuals described
in paragraph (1)(D) during plan year
2024 shall notify the Secretary of such
payments and the Secretary shall, out
of funds made available under clause
(ii), make periodic and timely payments
to the issuer equal to payments for
such services so furnished.
``(ii) Appropriation.--In addition to
amounts otherwise available, there is
appropriated, out of any money in the
Treasury not otherwise appropriated,
such sums as may be necessary to the
Secretary to make payments under clause
(i).''.
(d) Education and Outreach Activities.----
(1) In general.--Section 1321(c) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18041(c))
is amended by adding at the end the following new
paragraph:
``(3) Outreach and educational activities.--
``(A) In general.--In the case of an Exchange
established or operated by the Secretary within
a State pursuant to this subsection, the
Secretary shall carry out outreach and
educational activities for purposes of
informing individuals described in section
1902(a)(10)(A)(i)(VIII) of the Social Security
Act who reside in States that have not expended
amounts under a State plan (or waiver of such
plan) under title XIX of such Act for all such
individuals about qualified health plans
offered through the Exchange, including by
informing such individuals of the availability
of coverage under such plans and financial
assistance for coverage under such plans. Such
outreach and educational activities shall be
provided in a manner that is culturally and
linguistically appropriate to the needs of the
populations being served by the Exchange
(including hard-to-reach populations, such as
racial and sexual minorities, limited English
proficient populations, individuals residing in
areas where the unemployment rates exceeds the
national average unemployment rate, individuals
in rural areas, veterans, and young adults).
``(B) Limitation on use of funds.--No funds
appropriated under this paragraph shall be used
for expenditures for promoting non-ACA
compliant health insurance coverage.
``(C) Non-aca compliant health insurance
coverage.--For purposes of subparagraph (B):
``(i) The term `non-ACA compliant
health insurance coverage' means health
insurance coverage, or a group health
plan, that is not a qualified health
plan.
``(ii) Such term includes the
following:
``(I) An association health
plan.
``(II) Short-term limited
duration insurance.
``(D) Funding.--In addition to amounts
otherwise available, there is appropriated, out
of any money in the Treasury not otherwise
appropriated, to remain available until
expended, $15,000,000 for fiscal year 2022, and
$30,000,000 for each of fiscal years 2023 and
2024, to carry out this paragraph.''.
(2) Navigator program.--Section 1311(i)(6) of the
Patient Protection and Affordable Care Act (42 U.S.C.
18031(i)(6)) is amended--
(A) by striking ``Funding.--Grants under''
and inserting ``Funding.--
``(A) State exchanges.--Grants under''; and
(B) by adding at the end the following new
subparagraph:
``(B) Federal exchanges.--For purposes of
carrying out this subsection, with respect to
an Exchange established and operated by the
Secretary within a State pursuant to section
1321(c), the Secretary shall obligate
$10,000,000 out of amounts collected through
the user fees on participating health insurance
issuers pursuant to section 156.50 of title 45,
Code of Federal Regulations (or any successor
regulations) for fiscal year 2022, and
$20,000,000 for each of fiscal years 2023 and
2024. Such amount so obligated for a fiscal
year shall remain available until expended.''.
SEC. 30602. TEMPORARY EXPANSION OF HEALTH INSURANCE PREMIUM TAX CREDITS
FOR CERTAIN LOW-INCOME POPULATIONS.
(a) In General.--Section 36B is amended by redesignating
subsection (h) as subsection (i) and by inserting after
subsection (g) the following new subsection:
``(h) Certain Temporary Rules for 2022 Through 2024.--With
respect to any taxable year beginning after December 31, 2021,
and before January 1, 2025--
``(1) Eligibility for credit not limited based on
income.--Section 36B(c)(1)(A) shall be disregarded in
determining whether a taxpayer is an applicable
taxpayer.
``(2) Credit allowed to certain low-income employees
offered employer-provided coverage.--Subclause (II) of
subsection (c)(2)(C)(i) shall not apply if the
taxpayer's household income does not exceed 138 percent
of the poverty line for a family of the size involved.
The last sentence of such subsection shall also apply
for purposes of this paragraph. Subclause (II) of
subsection (c)(2)(C)(i) shall also not apply to an
individual described in the last sentence of such
subsection if the taxpayer's household income does not
exceed 138 percent of the poverty line for a family of
the size involved.
``(3) Credit allowed to certain low-income employees
offered qualified small employer health reimbursement
arrangements.--A qualified small employer health
reimbursement arrangement shall not be treated as
constituting affordable coverage for an employee (or
any spouse or dependent of such employee) for any
months of a taxable year if the employee's household
income for such taxable year does not exceed 138
percent of the poverty line for a family of the size
involved.
``(4) Limitations on recapture.--
``(A) In general.--In the case of a taxpayer
whose household income is less than 200 percent
of the poverty line for the size of the family
involved for the taxable year, the amount of
the increase under subsection (f)(2)(A) shall
in no event exceed $300 (one-half of such
amount in the case of a taxpayer whose tax is
determined under section 1(c) for the taxable
year).
``(B) Limitation on increase for certain non-
filers.--In the case of any taxpayer who would
not be required to file a return of tax for the
taxable year but for any requirement to
reconcile advance credit payments under
subsection (f), if an Exchange established
under title I of the Patient Protection and
Affordable Care Act has determined that--
``(i) such taxpayer is eligible for
advance payments under section 1412 of
such Act for any portion of such
taxable year, and
``(ii) such taxpayer's household
income for such taxable year is
projected to not exceed 138 percent of
the poverty line for a family of the
size involved,
subsection (f)(2)(A) shall not apply to such
taxpayer for such taxable year and such
taxpayer shall not be required to file such
return of tax.
``(C) Information provided by exchange.--The
information required to be provided by an
Exchange to the Secretary and to the taxpayer
under subsection (f)(3) shall include such
information as is necessary to determine
whether such Exchange has made the
determinations described in clauses (i) and
(ii) of subparagraph (B) with respect to such
taxpayer.''.
(b) Employer Shared Responsibility Provision Not Applicable
With Respect to Certain Low-income Taxpayers Receiving Premium
Assistance.--Section 4980H(c)(3) is amended to read as follows:
``(3) Applicable premium tax credit and cost-sharing
reduction.--
``(A) In general.--The term `applicable
premium tax credit and cost-sharing reduction'
means--
``(i) any premium tax credit allowed
under section 36B,
``(ii) any cost-sharing reduction
under section 1402 of the Patient
Protection and Affordable Care Act, and
``(iii) any advance payment of such
credit or reduction under section 1412
of such Act.
``(B) Exception with respect to certain low-
income taxpayers.--Such term shall not include
any premium tax credit, cost-sharing reduction,
or advance payment otherwise described in
subparagraph (A) if such credit, reduction, or
payment is allowed or paid for a taxable year
of an employee (beginning after December 31,
2021, and before January 1, 2025) with respect
to which--
``(i) an Exchange established under
title I of the Patient Protection and
Affordable Care Act has determined that
such employee's household income for
such taxable year is projected to not
exceed 138 percent of the poverty line
for a family of the size involved, or
``(ii) such employee's household
income for such taxable year does not
exceed 138 percent of the poverty line
for a family of the size involved.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2021.
SEC. 30603. ESTABLISHING A HEALTH INSURANCE AFFORDABILITY FUND.
(a) In General.--Subtitle D of title I of the Patient
Protection and Affordable Care Act is amended by inserting
after part 5 (42 U.S.C. 18061 et seq.) the following new part:
``PART 6--IMPROVE HEALTH INSURANCE AFFORDABILITY FUND
``SEC. 1351. ESTABLISHMENT OF PROGRAM.
``There is hereby established the `Improve Health Insurance
Affordability Fund' to be administered by the Secretary of
Health and Human Services, acting through the Administrator of
the Centers for Medicare & Medicaid Services (in this section
referred to as the `Administrator'), to provide funding, in
accordance with this part, to the 50 States and the District of
Columbia (each referred to in this section as a `State')
beginning on January 1, 2023, for the purposes described in
section 1352.
``SEC. 1352. USE OF FUNDS.
``(a) In General.--A State shall use the funds allocated to
the State under this part for one of the following purposes:
``(1) To provide reinsurance payments to health
insurance issuers with respect to individuals enrolled
under individual health insurance coverage (other than
through a plan described in subsection (b)) offered by
such issuers.
``(2) To provide assistance (other than through
payments described in paragraph (1)) to reduce out-of-
pocket costs, such as copayments, coinsurance,
premiums, and deductibles, of individuals enrolled
under qualified health plans offered on the individual
market through an Exchange and of individuals enrolled
under standard health plans offered through a basic
health program established under section 1331.
``(b) Exclusion of Certain Grandfathered Plans, Transitional
Plans, Student Health Plans, and Excepted Benefits.--For
purposes of subsection (a), a plan described in this subsection
is the following:
``(1) A grandfathered health plan (as defined in
section 1251).
``(2) A plan (commonly referred to as a `transitional
plan') continued under the letter issued by the Centers
for Medicare & Medicaid Services on November 14, 2013,
to the State Insurance Commissioners outlining a
transitional policy for coverage in the individual and
small group markets to which section 1251 does not
apply, and under the extension of the transitional
policy for such coverage set forth in the Insurance
Standards Bulletin Series guidance issued by the
Centers for Medicare & Medicaid Services on March 5,
2014, February 29, 2016, February 13, 2017, April 9,
2018, March 25, 2019, January 31, 2020, and January 19,
2021, or under any subsequent extensions thereof.
``(3) Student health insurance coverage (as defined
in section 147.145 of title 45, Code of Federal
Regulations, or any successor regulation).
``(4) Excepted benefits (as defined in section
2791(c) of the Public Health Service Act).
``SEC. 1353. STATE ELIGIBILITY AND APPROVAL; DEFAULT SAFEGUARD.
``(a) Encouraging State Options for Allocations.--
``(1) In general.--Subject to subsection (b), to be
eligible for an allocation of funds under this part for
a year (beginning with 2023), a State shall submit to
the Administrator an application at such time (but, in
the case of allocations for 2023, not later than 120
days after the date of the enactment of this part and,
in the case of allocations for a subsequent year, not
later than January 1 of the previous year) and in such
form and manner as specified by the Administrator
containing--
``(A) a description of how the funds will be
used; and
``(B) such other information as the
Administrator may require.
``(2) Automatic approval.--An application so
submitted is approved (as outlined in the terms of the
plan) unless the Administrator notifies the State
submitting the application, not later than 90 days
after the date of the submission of such application,
that the application has been denied for not being in
compliance with any requirement of this part and of the
reason for such denial.
``(3) 5-year application approval.--If an application
of a State is approved for a purpose described in
section 1352 for a year, such application shall be
treated as approved for such purpose for each of the
subsequent 4 years.
``(4) Oversight authority and authority to revoke
approval.--
``(A) Oversight.--The Secretary may conduct
periodic reviews of the use of funds provided
to a State under this section, with respect to
a purpose described in section 1352, to ensure
the State uses such funds for such purpose and
otherwise complies with the requirements of
this section.
``(B) Revocation of approval.--The approval
of an application of a State, with respect to a
purpose described in section 1352, may be
revoked if the State fails to use funds
provided to the State under this section for
such purpose or otherwise fails to comply with
the requirements of this section.
``(b) Default Federal Safeguard for 2023 and 2024 for Certain
States.--
``(1) In general.--For 2023 and 2024, in the case of
a State described in paragraph (5), with respect to
such year, the State shall not be eligible to submit an
application under subsection (a), and the
Administrator, in consultation with the applicable
State authority, shall from the amount calculated under
paragraph (3) for such year, carry out the purpose
described in paragraph (2) in such State for such year.
``(2) Specified use.--The amount described in
paragraph (3), with respect to a State described in
paragraph (5) for 2023 or 2024, shall be used to carry
out the purpose described in section 1352(a)(1) in such
State for such year, as applicable, by providing
reinsurance payments to health insurance issuers with
respect to attachment range claims (as defined in
section 1354(b)(2), using the dollar amounts specified
in subparagraph (B) of such section for such year) in
an amount equal to, subject to paragraph (4), the
percentage (specified for such year by the Secretary
under such subparagraph) of the amount of such claims.
``(3) Amount described.--The amount described in this
paragraph, with respect to 2023 or 2024, is the amount
equal to the total sum of amounts that the Secretary
would otherwise estimate under section 1354(b)(2)(A)(i)
for such year for each State described in paragraph (5)
for such year, as applicable, if each such State were
not so described for such year.
``(4) Adjustment.--For purposes of this subsection,
the Secretary may apply a percentage under paragraph
(3) with respect to a year that is less than the
percentage otherwise specified in section 1354(b)(2)(B)
for such year, if the cost of paying the total eligible
attachment range claims for States described in
paragraph (5) for such year at such percentage
otherwise specified would exceed the amount calculated
under paragraph (3) for such year.
``(5) State described.--A State described in this
paragraph, with respect to years 2023 and 2024, is a
State that, as of January 1 of 2022 or 2023,
respectively, was not expending amounts under the State
plan (or waiver of such plan) for all individuals
described in section 1902(a)(10)(A)(i)(VIII) during
such year.
``SEC. 1354. ALLOCATIONS.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated, out of any money in the
Treasury not otherwise appropriated, $10,000,000,000 for 2023
and each subsequent year to provide allocations for States
under subsection (b) and payments under section 1353(b) .
``(b) Allocations.--
``(1) Payment.--
``(A) In general.--From amounts appropriated
under subsection (a) for a year, the Secretary
shall, with respect to a State not described in
section 1353(b) for such year and not later
than the date specified under subparagraph (B)
for such year, allocate for such State the
amount determined for such State and year under
paragraph (2).
``(B) Specified date.--For purposes of
subparagraph (A), the date specified in this
subparagraph is--
``(i) for 2023, the date that is 90
days after the date of the enactment of
this part; and
``(ii) for 2024 or a subsequent year,
January 1 of the previous year.
``(C) Notifications of allocation amounts.--
For 2024 and each subsequent year, the
Secretary shall notify each State of the amount
determined for such State under paragraph (2)
for such year by not later than January 1 of
the previous year.
``(2) Allocation amount determinations.--
``(A) In general.--For purposes of paragraph
(1), the amount determined under this paragraph
for a year for a State described in paragraph
(1)(A) for such year is the amount equal to--
``(i) the amount that the Secretary
estimates would be expended under this
part for such year on attachment range
claims of individuals residing in such
State if such State used such funds
only for the purpose described in
paragraph (1) of section 1352(a) at the
dollar amounts and percentage specified
under subparagraph (B) for such year;
minus
``(ii) the amount, if any, by which
the Secretary determines--
``(I) the estimated amount of
premium tax credits under
section 36B of the Internal
Revenue Code of 1986 that would
be attributable to individuals
residing in such State for such
year without application of
this part; exceeds
``(II) the estimated amount
of premium tax credits under
section 36B of the Internal
Revenue Code of 1986 that would
be attributable to individuals
residing in such State for such
year if section 1353(b) applied
for such year and applied with
respect to such State for such
year.
For purposes of the previous sentence and
section 1353(b)(3), the term `attachment range
claims' means, with respect to an individual,
the claims for such individual that exceed a
dollar amount specified by the Secretary for a
year, but do not exceed a ceiling dollar amount
specified by the Secretary for such year, under
subparagraph (B).
``(B) Specifications.--For purposes of
subparagraph (A) and section 1353(b)(3), the
Secretary shall determine the dollar amounts
and the percentage to be specified under this
subparagraph for a year in a manner to ensure
that the total amount of expenditures under
this part for such year is estimated to equal
the total amount appropriated for such year
under subsection (a) if such expenditures were
used solely for the purpose described in
paragraph (1) of section 1352(a) for attachment
range claims at the dollar amounts and
percentage so specified for such year.
``(3) Availability.--Funds allocated to a State under
this subsection for a year shall remain available
through the end of the subsequent year.''.
(b) Basic Health Program Funding Adjustments.--Section 1331
of the Patient Protection and Affordable Care Act (42 U.S.C.
18051) is amended--
(1) in subsection (a), by adding at the end the
following new paragraph:
``(3) Provision of information on qualified health
plan premiums.--
``(A) In general.--For plan years beginning
on or after January 1, 2023, the program
described in paragraph (1) shall provide that a
State may not establish a basic health program
unless such State furnishes to the Secretary,
with respect to each qualified health plan
offered in such State during a year that
receives any reinsurance payment from funds
made available under part 6 for such year, the
adjusted premium amount (as defined in
subparagraph (B)) for each such plan and year.
``(B) Adjusted premium amount defined.--For
purposes of subparagraph (A), the term
`adjusted premium amount' means, with respect
to a qualified health plan and a year, the
monthly premium for such plan and year that
would have applied had such plan not received
any payments described in subparagraph (A) for
such year.''; and
(2) in subsection (d)(3)(A)(ii), by adding at the end
the following new sentence: ``In making such
determination, the Secretary shall calculate the value
of such premium tax credits that would have been
provided to such individuals enrolled through a basic
health program established by a State during a year
using the adjusted premium amounts (as defined in
subsection (a)(3)(B)) for qualified health plans
offered in such State during such year.''.
Subtitle G--Medicaid
PART 1--FEDERAL MEDICAID PROGRAM TO CLOSE THE COVERAGE GAP
SEC. 30701. CLOSING THE MEDICAID COVERAGE GAP.
(a) Federal Medicaid Program to Close Coverage Gap in
Nonexpansion States.--Title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) is amended by adding at the end the
following new section:
``SEC. 1948. FEDERAL MEDICAID PROGRAM TO CLOSE COVERAGE GAP IN
NONEXPANSION STATES.
``(a) Establishment.--Not later than January 1, 2025, the
Secretary shall establish a program (in this section referred
to as the `Federal Medicaid program' or the `Program' under
which, in the case of a State that the Secretary determines
(based on the State plan under this title, waiver of such plan,
or other relevant information) is not expected to expend
amounts under the State plan (or waiver of such plan) for all
individuals who would be entitled to medical assistance
pursuant to section 1902(a)(10)(A)(i)(VIII) during a year
(beginning with 2025), (in this section defined as `a coverage
gap State', with respect to such year), the Secretary shall
(including through contract with eligible entities (as
specified by the Secretary), consistent with subsection (b))
provide for the offering to such individuals residing in such
State of health benefits. The Federal Medicaid program shall be
offered in a coverage gap State for each quarter during the
period beginning on January 1 of such year, and ending with the
last day of the first quarter during which the State provides
medical assistance to all such individuals under the State plan
(or waiver of such plan). Under the Federal Medicaid program,
the Secretary--
``(1) may use the Federally Facilitated Marketplace
to facilitate eligibility determinations and
enrollments under the Federal Medicaid Program and
shall establish a set of eligibility rules to be
applied under the Program in a manner consistent with
section 1902(e)(14);
``(2) shall establish benefits, beneficiary
protections, and access to care standards by, at a
minimum--
``(A) establishing a minimum set of health
benefits to be provided (and providing such
benefits) under the Federal Medicaid program,
which shall be in compliance with the
requirements of section 1937 and shall consist
of benchmark coverage described in section
1937(b)(1) or benchmark equivalent coverage
described in section 1937(b)(2) to the same
extent as medical assistance provided to such
an individual under this title (without
application of this section) is required under
section 1902(k)(1) to consist of such benchmark
coverage or benchmark equivalent coverage;
``(B) applying the provisions of sections
1902(a)(8), 1902(a)(34), and 1943 with respect
to such an individual, health benefits under
the Federal Medicaid program, and making
application for such benefits in the same
manner as such provisions would apply to such
an individual, medical assistance under this
title (other than pursuant to this section),
and making application for such medical
assistance under this title (other than
pursuant to this section); and providing that
redeterminations and appeals of eligibility and
coverage determinations of items and services
(including benefit reductions, terminations,
and suspension) shall be conducted under the
Federal Medicaid program in accordance with a
Federal fair hearing process established by the
Secretary that is subject to the same
requirements as applied under section
1902(a)(3) with respect to redeterminations and
appeals of eligibility, and with respect to
coverage of items and services (including
benefit reductions, terminations, and
suspension), under a State plan under this
title and that may provide for such fair
hearings related to denials of eligibility
(based on modified adjusted gross income
eligibility determinations) to be conducted
through the Federally Facilitated Marketplace
for Exchanges;
``(C) applying, in accordance with subsection
(d), the provisions of section 1927 (other than
subparagraphs (B) and (C) of subsection (b)(1)
of such section) with respect to the Secretary
and payment under the Federal Medicaid program
for covered outpatient drugs with respect to a
rebate period in the same manner and to the
same extent as such provisions apply with
respect to a State and payment under the State
plan for covered outpatient drugs with respect
to the rebate period;
``(D) applying the provisions of sections
1902(a)(14), 1902(a)(23), 1902(a)(47), and 1920
through 1920C (as applicable) to the Federal
Medicaid program and such individuals enrolled
in and entitled to health benefits under such
program in the same manner and to the same
extent as such provisions apply to such
individuals eligible for medical assistance
under the State plan, and applying the
provisions of section 1902(a)(30)(A) with
respect to medical assistance available under
the Federal Medicaid program in the same manner
and to the same extent as such provisions apply
to medical assistance under a State plan under
this title, except that--
``(i) the Secretary shall provide
that no cost sharing shall be applied
under the Federal Medicaid program;
``(ii) the Secretary may waive the
provisions of subparagraph (A) of
section 1902(a)(23) to the extent
deemed appropriate to facilitate the
implementation of managed care;
``(iii) in applying the provisions of
section 1902(a)(47) and sections 1920
through 1920C, the Secretary--
``(I) shall establish a
single presumptive eligibility
process for individuals
eligible under the Federal
Medicaid program, under which
the Secretary may contract with
entities to carry out such
process; and
``(II) may apply such
provisions and process in
accordance with such phased-in
implementation as the Secretary
deems necessary, but beginning
as soon as practicable); and
``(E) prohibiting payment from being
available under the Federal Medicaid program
for any item or service subject to a payment
exclusion under this title or title XI.
``(b) Administration of Federal Medicaid Program Through
Contracts With Medicaid Managed Care Organization and Third
Party Plan Administrator Requirements.--
``(1) In general.--For the purpose of providing
medical assistance to individuals described in section
1902(a)(10)(A)(i)(VIII) enrolled under the Federal
Medicaid program across all coverage gap geographic
areas (as defined in paragraph (8)) in which such
individuals reside, the Secretary shall solicit bids
described in paragraph (2) and enter into contracts
with a total of at least 2 eligible entities (as
specified by the Secretary, which may be a medicaid
managed care organization (in this section defined as a
managed care organization described in section
1932(a)(1)(B)(i)), a third party plan administrator, or
both). An eligible entity entering into a contract with
the Secretary under this paragraph may administer such
benefits as a medicaid managed care organization (as so
defined), in which case such contract shall be in
accordance with paragraph (3) with respect to such
geographic area, or as a third-party administrator, in
which case such contract shall be in accordance with
paragraph (4) with respect to such geographic area. The
Secretary may so contract with a Medicaid managed care
organization or third party plan administrator in each
coverage gap geographic area (and may specify which
type of eligible entity may bid with respect to a
coverage gap geographic area or areas) and may contract
with more than one such eligible entity in the same
coverage gap geographic area.
``(2) Bids.--
``(A) In general.--To be eligible to enter
into a contract under this subsection, for a
year, an entity shall submit (at such time, in
such manner, and containing such information as
specified by the Secretary) one or more bids to
provide medical assistance under the Program in
one or more coverage gap geographic areas,
which are actuarially sound and reflect the
projected monthly cost to the entity of
providing medical assistance under the Program
to an individual enrolled under the Program in
such a geographic area (or areas) for such
year.
``(B) Selection.--In selecting from bids
submitted under subparagraph (A) for purposes
of entering into contracts with eligible
entities under this subsection, with respect to
a coverage gap geographic area, the Secretary
shall take into account at least each of the
following, with respect to each such bid:
``(i) Network adequacy (as proposed
in the submitted bid).
``(ii) The amount, duration, and
scope of benefits (such as value-added
services offered in the submitted bid),
as compared to the minimum set of
benefits established by the Secretary
under subsection (a)(2)(A).
``(iii) The amount of the bid, taking
into account the average per member
cost of providing medical assistance
under State plans under this title (or
waivers of such plans) to individuals
enrolled in such plans (or waivers) who
are at least 18 years of age and
residing in the coverage gap geographic
area, as well as the average cost of
providing medical assistance under
State plans under this title (and
waivers of such plans) to individuals
described in section
1902(a)(10)(A)(i)(VIII).
``(iv) The organizational capacity of
the entity, the experience of the
entity with Medicaid managed care, the
experience of the entity with Medicaid
managed care for individuals described
in section 1902(a)(10)(A)(i)(VIII), the
performance of the entity (if
available) on the adult core set
quality measures in States that are not
coverage gap States.
``(3) Contract with medicaid managed care
organization.--In the case of a contract under
paragraph (1) between the Secretary and an eligible
entity administering benefits under the Program as a
Medicaid managed care organization, with respect to one
or more coverage gap geographic areas, the following
shall apply:
``(A) The provisions of clauses (i) through
(xi) of section 1903(m)(2)(A), clause (xii) of
such section (to the extent such clause relates
to subsections (b), (d), (f), and (i) of
section 1932), and clause (xiii) of such
section 1903(m)(2)(A) shall, to the greatest
extent practicable, apply to the contract, to
the Secretary, and to the Medicaid managed care
organization, with respect to providing medical
assistance under the Federal Medicaid program
with respect to such area (or areas), in the
same manner and to the same extent as such
provisions apply to a contract under section
1903(m) between a State and an entity that is a
medicaid managed care organization (as defined
in section 1903(m)(1)), to the State, and to
the entity, with respect to providing medical
assistance to individuals eligible for benefits
under this title.
``(B) The provisions of section 1932(h) shall
apply to the contract, Secretary, and Medicaid
managed care organization.
``(C) The contract shall provide that the
entity pay claims in a timely manner and in
accordance with the provisions of section
1902(a)(37).
``(D) The contract shall provide that the
Secretary shall make payments under this
section to the entity, with respect to coverage
of each individual enrolled under the Program
in such a coverage gap geographic area with
respect to which the entity administers the
Program in an amount specified in the contract,
subject to subparagraph (D)(ii) and paragraph
(6).
``(E) The contract shall require--
``(i) the application of a minimum
medical loss ratio (as calculated under
subsection (d) of section 438.8 of
title 42, Code of Federal Regulations
(or any successor regulation)) for
payment for medical assistance
administered by the managed care
organization under the Program, with
respect to a year, that is equal to or
greater than 85 percent (or such higher
percent as specified by the Secretary);
and
``(ii) in the case, with respect to a
year, the minimum medical loss ratio
(as so calculated) for payment for
services under the benefits so
administered is less than 85 percent
(or such higher percent as specified by
the Secretary under clause (i)),
remittance by the organization to the
Secretary of any payments (or portions
of payments) made to the organization
under this section in an amount equal
to the difference in payments for
medical assistance, with respect to the
year, resulting from the organization's
failure to meet such ratio for such
year.
``(F) The contract shall require that the
eligible entity submit to the Secretary--
``(i) the number of individuals
enrolled in the Program with respect to
each coverage gap geographic area and
month with respect to which the
contract applies;
``(ii) encounter data (disaggregated
by race, ethnicity, and age) with
respect to each coverage gap geographic
area and month with respect to which
the contract applies; and
``(iii) such additional information
as specified by the Secretary for
purposes of payment, program integrity,
oversight, quality measurement, or such
other purpose specified by the
Secretary.
``(G) The contract shall require that the
eligible entity perform any other activity
identified by the Secretary.
``(4) Contract with a third party plan
administrator.--
``(A) In general.--In the case of a contract
under paragraph (1) between the Secretary and
an eligible entity to administer the Program as
a third party plan administrator, with respect
to one or more coverage gap geographic areas,
such contract shall provide that, with respect
to medical assistance provided under the
Federal Medicaid program to individuals who are
enrolled in the Program with respect to such
area (or areas)--
``(i) the third party plan
administrator shall, consistent with
such requirements as may be established
by the Secretary--
``(I) establish provider
networks, payment rates, and
utilization management,
consistent with the provisions
of section 1902(a)(30)(A), as
applied by subsection (a)(4) of
this section;
``(II) pay claims in a timely
manner and in accordance with
the provisions of section
1902(a)(37);
``(III) submit to the
Secretary--
``(aa) the number of
individuals enrolled in
the Program with
respect to each
coverage gap geographic
area and month with
respect to which the
contract applies;
``(bb) encounter data
(disaggregated by race,
ethnicity, and age)
with respect to each
coverage gap geographic
area and month with
respect to which the
contract applies; and
``(cc) such
additional information
as specified by the
Secretary for purposes
of payment, program
integrity, oversight,
quality measurement, or
such other purpose
specified by the
Secretary; and
``(IV) perform any other
activity identified by the
Secretary;
``(ii) the Secretary shall make
payments (for the claims submitted by
the third party plan administrator and
for an economic and efficient
administrative fee) under this section
to the third party plan administrator,
with respect to coverage of each
individual enrolled under the Program
in a coverage gap geographic area with
respect to which the third party plan
administrator administers the Program
in an amount determined under the
contract, subject to subclause (VI)(bb)
and paragraph (7); and
``(iii) the provisions of clause
(xii) of section 1903(m)(2)(A) (to the
extent such clause relates to
subsections (b), (d), (f), and (i) of
section 1932) shall, to the greatest
extent practicable, apply to the
contract, to the Secretary, and to the
third party plan administrator, with
respect to providing medical assistance
under the Federal Medicaid program with
respect to such area (or areas), in the
same manner and to the same extent as
such provisions apply to a contract
under section 1903(m) between a State
and an entity that is a medicaid
managed care organization (as defined
in section 1903(m)(1)), to the State,
and to the entity, with respect to
providing medical assistance to
individuals eligible for benefits under
this title
``(B) Third party plan administrator
defined.--For purposes of this section, the
term `third party plan administrator' means an
entity that satisfies such requirements as
established by the Secretary, which shall
include at least that such an entity
administers health plan benefits, pays claims
under the plan, establishes provider networks,
sets payment rates, and are not risk-bearing
entities.
``(5) Administrative authority.--The Secretary may
take such actions as are necessary to administer this
subsection, including by setting network adequacy
standards, establishing quality requirements,
establishing reporting requirements, limiting
administrative costs, and specifying any other program
requirements or standards necessary in contracting with
specified entities under this subsection, and
overseeing such entities, with respect to the
administration of the Federal Medicaid program.
``(6) Preemption.--In carrying out the duties under a
contract entered into under paragraph (1) between the
Secretary and a Medicaid managed care organization or a
third party plan administrator, with respect to a
coverage gap State--
``(A) the Secretary may establish minimum
standards and licensure requirements for such a
Medicaid managed care organization or third
party plan administrator for purposes of
carrying out such duties; and
``(B) any provisions of law of that State
which relate to the licensing of the
organization or administrator and which
prohibit the organization or administrator from
providing coverage pursuant to a contract under
this section shall be superseded.
``(7) Penalties.--In the case of an eligible entity
with a contract under this section that fails to comply
with the requirements of such entity pursuant to this
section or such contract, the Secretary may withhold
payment (or any portion of such payment) to such entity
under this section in accordance with a process
specified by the Secretary, impose a corrective action
plan on such entity, terminate the contract, or impose
a civil monetary penalty on such entity in an amount
not to exceed $10,000 for each such failure. In
implementing this paragraph, the Secretary shall have
the authorities provided the Secretary under section
1932(e) and subparts F and I of part 438 of title 42,
Code of Federal Regulations.
``(8) Coverage gap geographic area.--For purposes of
this section, the term `coverage gap geographic area'
means an area of one or more coverage gap States, as
specified by the Secretary, or any area within such a
State, as specified by the Secretary.
``(c) Periodic Data Matching.--The Secretary shall, including
through contract, periodically verify the income of an
individual enrolled in the Federal Medicaid program for a year,
before the end of such year, to determine if there has been any
change in the individual's eligibility for benefits under the
program. For purposes of the previous sentence, in the case
that, pursuant to such verification, an individual is
determined to have had a change in income that results in such
individual no longer be included as an individual described in
section 1902(a)(10)(A)(i)(VIII), the Secretary shall apply the
same processes and protections as States are required under
this title to apply with respect to an individual who is
determined to have had a change in income that results in such
individual no longer being included as eligible for medical
assistance under this title (other than pursuant to this
section).
``(d) Drug Rebates.--For purposes of subsection (a)(2)(C), in
applying section 1927, the Secretary shall (either directly or
through contracts)--
``(1) require an eligible entity with a contract
under subsection (b) to report the data required to be
reported under section 1927(b)(2) by a State agency and
require such entity to submit to the Secretary rebate
data, utilization data, and any other information that
would otherwise be required under section 1927 to be
submitted to the Secretary by a State;
``(2) shall take such actions as are necessary and
develop or adapt such processes and mechanisms as are
necessary to report and collect data as is necessary
and to bill and track rebates under section 1927, as
applied pursuant to subsection (a)(2)(B) for drugs that
are provided under the Federal Medicaid program;
``(3) provide that the coverage requirements of
prescription drugs under the Federal Medicaid program
comply with the coverage requirements under section
1927;
``(4) require that in order for payment to be
available under the Federal Medicaid program or under
section 1903(a) for covered outpatient drugs of a
manufacturer, the manufacturer must have entered into
and have in effect a rebate agreement to provide
rebates under section 1927 to the Federal Medicaid
program in the same form and manner as the manufacturer
is required to provide rebates under an agreement
described in section 1927(b) to a State Medicaid
program under this title;
``(5) require an eligible entity with a contract
under subsection (b) to provide for a drug use review
program described in subsection (g) of section 1927 in
accordance with the requirements applicable to a State
under such subsection (g) with respect to a drug use
review program; and
``(6) adopt a mechanism to prevent the requirements
of section 1927 from applying to covered outpatient
drugs under the Federal Medicaid program pursuant to
this subsection and subsection (a)(2)(C) if such drugs
are subject to discounts under section 340B of the
Public Health Service Act.
``(e) Transitions.--
``(1) From exchange plans onto federal medicaid
program.--The Secretary shall provide for a process
under which, in the case of individuals entitled to
medical assistance pursuant section
1902(a)(10)(A)(i)(VIII) who are enrolled in qualified
health plans through an Exchange in a coverage gap
State, the Secretary takes such steps as are necessary
to transition such individuals to coverage under the
Federal Medicaid program. Such process shall apply
procedures described in section 1943(b)(1)(C) to screen
for eligibility and enrollment under the Federal
Medicaid program in the same manner as such procedures
screen for eligibility and enrollment under qualified
health plans through an Exchange established under
title I of the Patient Protection and Affordable Care
Act.
``(2) In case coverage gap state begins providing
coverage under state plan.--The Secretary shall provide
for a process for, in the case of a coverage gap State
in which the State begins to provide medical assistance
to individuals described in section
1902(a)(10)(A)(i)(VIII) under the State plan (or waiver
of such plan) and the Federal Medicaid program ceases
to be offered, transitioning individuals from such
program to the State plan (or waiver), as eligible,
including a process for transitioning all eligibility
redeterminations.
``(3) Authority for phase-in.--The Secretary may
apply section 1902(a)(34), pursuant to subsection
(a)(2)(B) of this section, in accordance with such
phased-in implementation as the Secretary deems
necessary, but beginning as soon as practicable.
``(f) Coordination With and Enrollment Through Exchanges.--
The Secretary shall take such actions as are necessary to
provide, in the case of a coverage gap State in which the
Federal Medicaid program is offered, for the availability of
information on, determinations of eligibility for, and
enrollment in such program through and coordinated with the
Exchange established with respect to such State under title I
of the Patient Protection and Affordable Care Act.
``(g) Third Party Liability.--The provisions of section
1902(a)(25) shall apply with respect to the Federal Medicaid
program, the Secretary, and the eligible entities with a
contract under subsection (b) in the same manner as such
provisions apply with respect to State plans under this title
(or waiver of such plans) and the State or local agency
administering such plan (or waiver). The Secretary may specify
a timeline (which may include a phase-in) for implementing this
subsection.
``(h) Fraud And Abuse Provisions.--Provisions of law (other
than criminal law provisions) identified by the Secretary, in
consultation (as appropriate) with the Inspector General of the
Department of Health and Human Services, that impose sanctions
with respect to waste, fraud, and abuse under this title or
title XI, such as the False Claims Act (31 U.S.C. 3729 et
seq.), as well as provisions of law (other than criminal law
provisions) identified by the Secretary that provide oversight
authority, shall also apply to the Federal Medicaid program.
``(i) Maintenance of Effort.--
``(1) Payment.--
``(A) In general.--In the case of a State
that, as of January 1, 2022, is expending
amounts for all individuals described in
section 1902(a)(10)(A)(i)(VIII) under the State
plan (or waiver of such plan) and that stops
expending amounts for all such individuals
under the State plan (or waiver of such plan),
such State shall for each quarter beginning
after January 1, 2022, during which such State
does not expend amounts for all such
individuals provide for payment under this
subsection to the Secretary of the product of--
``(i) 10 percent of, subject to
subparagraph (B), the average monthly
per capita costs expended under the
State plan (or waiver of such plan) for
such individuals during the most recent
previous quarter with respect to which
the State expended amounts for all such
individuals; and
``(ii) the sum, for each month during
such quarter, of the number of
individuals enrolled under such program
in such State.
``(B) Annual increase.--For purposes of
subparagraph (A), in the case of a State with
respect to which such subparagraph applies with
respect to a period of consecutive quarters
occurring during more than one calendar year,
for such consecutive quarters occurring during
the second of such calendar years or a
subsequent calendar year, the average monthly
per capita costs for each such quarter for such
State determined under subparagraph (A)(i), or
this subparagraph, shall be annually increased
by the Secretary by the percentage increase in
Medicaid spending under this title during the
preceding year (as determined based on the most
recent National Health Expenditure data with
respect to such year).
``(2) Form and manner of payment.--Payment under
paragraph (1) shall be made in a form and manner
specified by the Secretary.
``(3) Compliance.--If a State fails to pay to the
Secretary an amount required under paragraph (1),
interest shall accrue on such amount at the rate
provided under section 1903(d)(5). The amount so owed
and applicable interest shall be immediately offset
against amounts otherwise payable to the State under
section 1903(a), in accordance with the Federal Claims
Collection Act of 1996 and applicable regulations.
``(4) Data match.--The Secretary shall perform such
periodic data matches as may be necessary to identify
and compute the number of individuals enrolled under
the Federal Medicaid program under section 1948 in a
coverage gap State (as referenced in subsection (a) of
such section) for purposes of computing the amount
under paragraph (1).
``(5) Notice.--The Secretary shall notify each State
described in paragraph (1) not later than a date
specified by the Secretary that is before the beginning
of each quarter (beginning with 2022) of the amount
computed under paragraph (1) for the State for that
year.
``(j) Appropriations.--In addition to amounts otherwise
available, there is appropriated, out of any funds in the
Treasury not otherwise appropriated, for each fiscal year such
sums as are necessary to carry out subsections (a) through (i)
of this section.''.
(b) Drug Rebate Conforming Amendment.--Section 1927(a)(1) of
the Social Security Act (42 U.S.C. 1396r-8(a)(1)) is amended in
the first sentence--
(1) by striking ``or under part B of title XVIII''
and inserting ``, under the Federal Medicaid program
under section 1948, or under part B of title XVIII'';
and
(2) by inserting ``including as such subsection is
applied pursuant to subsections (a)(2)(C) and (d) of
section 1948 with respect to the Federal Medicaid
program,'' before ``and must meet''.
PART 2--EXPANDING ACCESS TO MEDICAID HOME AND COMMUNITY-BASED SERVICES
SEC. 30711. DEFINITIONS.
In this part:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the
Committee on Energy and Commerce of the House of
Representatives, the Committee on Finance of the
Senate, the Committee on Health, Education, Labor and
Pensions of the Senate, and the Special Committee on
Aging of the Senate.
(2) Direct care worker.--The term ``direct care
worker'' means, with respect to a State, any of the
following individuals who by contract, by receipt of
payment for care, or as a result of the operation of
law, provides directly to Medicaid eligible individuals
home and community-based services available under the
State Medicaid program:
(A) A registered nurse, licensed practical
nurse, nurse practitioner, or clinical nurse
specialist who provides licensed nursing
services, or a licensed nursing assistant who
provides such services under the supervision of
a registered nurse, licensed practical nurse,
nurse practitioner, or clinical nurse
specialist.
(B) A direct support professional.
(C) A personal care attendant.
(D) A home health aide.
(E) Any other paid health care professional
or worker determined to be appropriate by the
State and approved by the Secretary.
(3) HCBS program improvement state.--The term ``HCBS
program improvement State'' means a State that is
awarded a planning grant under section 1011(a) and has
an HCBS improvement plan approved by the Secretary
under section 1011(d).
(4) Health plan.--The term ``health plan'' means any
of the following entities that provide or arrange for
home and community-based services for Medicaid eligible
individuals who are enrolled with the entities under a
contract with a State:
(A) A medicaid managed care organization, as
defined in section 1903(m)(1)(A) of the Social
Security Act (42 U.S.C. 1396b(m)(1)(A)).
(B) A prepaid inpatient health plan or
prepaid ambulatory health plan, as defined in
section 438.2 of title 42, Code of Federal
Regulations (or any successor regulation)).
(C) Any other entity determined to be
appropriate by the State and approved by the
Secretary.
(5) Home and community-based services.--The term
``home and community-based services'' means any of the
following (whether provided on a fee-for-service, risk,
or other basis):
(A) Home health care services authorized
under paragraph (7) of section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)).
(B) Private duty nursing services authorized
under paragraph (8) of such section, when such
services are provided in a Medicaid eligible
individual's home.
(C) Personal care services authorized under
paragraph (24) of such section.
(D) PACE services authorized under paragraph
(26) of such section.
(E) Home and community-based services
authorized under subsections (b), (c), (i),
(j), and (k) of section 1915 of such Act (42
U.S.C. 1396n), authorized under a waiver under
section 1115 of such Act (42 U.S.C. 1315), or
provided through coverage authorized under
section 1937 of such Act (42 U.S.C. 1396u-7).
(F) Case management services authorized under
section 1905(a)(19) of the Social Security Act
(42 U.S.C. 1396d(a)(19)) and section 1915(g) of
such Act (42 U.S.C. 1396n(g)).
(G) Rehabilitative services, including those
related to behavioral health, described in
section 1905(a)(13) of such Act (42 U.S.C.
1396d(a)(13)).
(H) Self-directed personal assistance
services authorized under section 1915(j) of
the Social Security Act (42 U.S.C. 1396n(j)).
(I) School-based services when the school is
the location for provision of services if the
services are--
(i) authorized under section 1905(a)
of such Act (42 U.S.C. 1396d(a)) (or
under a waiver under section 1915(c) or
demonstration under section 1115) ; and
(ii) described in another
subparagraph of this paragraph.
(J) Such other services specified by the
Secretary.
(6) Institutional setting.--The term ``institutional
setting'' means--
(A) a skilled nursing facility (as defined in
section 1819(a) of the Social Security Act (42
U.S.C. 1395i-3(a)));
(B) a nursing facility (as defined in section
1919(a) of such Act (42 U.S.C. 1396r(a)));
(C) a long-term care hospital (as described
in section 1886(d)(1)(B)(iv) of such Act (42
U.S.C. 1395ww(d)(1)(B)(iv)));
(D) a facility (or distinct part thereof)
described in section 1905(d) of such Act (42
U.S.C. 1396d(d)));
(E) an institution (or distinct part thereof)
which is a psychiatric hospital (as defined in
section 1861(f) of such Act (42 U.S.C.
1395x(f))) or that provides inpatient
psychiatric services in a residential setting
specified by the Secretary;
(F) an institution (or distinct part thereof)
described in section 1905(i) of such Act (42
U.S.C. 1396d(i)); and
(G) any other relevant facility, as
determined by the Secretary.
(7) Medicaid eligible individual.--The term
``Medicaid eligible individual'' means an individual
who is eligible for and receiving medical assistance
under a State Medicaid plan or a waiver such plan. Such
term includes an individual who would become eligible
for medical assistance and enrolled under a State
Medicaid plan, or waiver of such plan, upon removal
from a waiting list.
(8) State medicaid program.--The term ``State
Medicaid program'' means, with respect to a State, the
State program under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.) (including any waiver or
demonstration under such title or under section 1115 of
such Act (42 U.S.C. 1315) relating to such title).
(9) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(10) State.--The term ``State'' means each of the 50
States, the District of Columbia, Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana Islands, and
American Samoa.
SEC. 30712. HCBS IMPROVEMENT PLANNING GRANTS.
(a) Funding.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $130,000,000, to remain
available until expended, for carrying out this
section.
(2) Technical assistance and guidance.--The Secretary
shall reserve $5,000,000 of the amount appropriated
under paragraph (1) for purposes of issuing guidance
and providing technical assistance to States intending
to apply for, or awarded, a planning grant under this
section, and for other administrative expenses related
to awarding planning grants under this section.
(b) Award and Use of Grants.--
(1) Deadline for award of grants.--From the amount
appropriated under subsection (a)(1), the Secretary,
not later than 12 months after the date of enactment of
this Act, shall solicit State requests for HCBS
improvement planning grants and award such grants to
all States that meet such requirements as determined by
the Secretary.
(2) Criteria for determining amount of grants.--The
Secretary shall take into account the improvements a
State would propose to make, consistent with the areas
of focus of the HCBS improvement plan requirements
described under subsection (c) in determining the
amount of the planning grant to be awarded to each
State that requests such a grant.
(3) Use of funds.--A State awarded a planning grant
under this section shall use the grant to carry out
planning activities for purposes of developing and
submitting to the Secretary an HCBS improvement plan
for the State that meets the requirements of
subsections (c) and (d) in order to expand access to
home and community-based services and strengthen the
direct care workforce that provides such services. A
State may use planning grant funds to support
activities related to the implementation of the HCBS
improvement plan for the State, collect and report
information described in subsection (c), identify areas
for improvement to the service delivery systems for
home and community-based services, carry out activities
related to evaluating payment rates for home and
community-based services and identifying improvements
to update the rate setting process, and for such other
purposes as the Secretary shall specify, including the
following:
(A) Caregiver supports.
(B) Addressing social determinants of health
(other than housing or homelessness).
(C) Promoting equity and addressing health
disparities.
(D) Promoting community integration and
compliance with the home and community-based
settings rule published on January 16, 2014, or
any successor regulation.
(E) Building partnerships.
(F) Infrastructure investments (such as case
management or other information technology
systems).
(c) HCBS Improvement Plan Requirements.--In order to meet the
requirements of this subsection, an HCBS improvement plan
developed using funds awarded to a State under this section
shall include, with respect to the State and subject to
subsection (d), the following:
(1) Existing medicaid hcbs landscape.--
(A) Eligibility and benefits.--A description
of the existing standards, pathways, and
methodologies for eligibility (which shall be
delineated by the State based on eligibility
group under the State plan or waiver of such
plan) for home and community-based services,
including limits on assets and income, the home
and community-based services available under
the State Medicaid program and the types of
settings in which they may be provided, and
utilization management standards for such
services.
(B) Access.--
(i) Barriers.--A description of the
barriers to accessing home and
community-based services in the State
identified by Medicaid eligible
individuals, the families of such
individuals, and providers of such
services, such as barriers for
individuals who wish to leave
institutional settings, individuals
experiencing homelessness or housing
instability, and individuals in
geographical areas of the State with
low or no access to such services.
(ii) Availability; unmet need.--A
summary, in accordance with guidance
issued by the Secretary, of the extent
to which home and community-based
services are available to all
individuals in the State who would be
eligible for such services under the
State Medicaid program (including
individuals who are on a waitlist for
such services).
(C) Utilization.--An assessment of the
utilization of home and community-based
services in the State during such period
specified by the Secretary.
(D) Service delivery structures and
supports.--A description of the service
delivery structures for providing home and
community-based services in the State,
including whether models of self-direction are
used and to which Medicaid eligible individuals
such models are available, the share of total
services that are administered by agencies, the
use of managed care and fee-for-service to
provide such services, and the supports
provided for family caregivers.
(E) Workforce.--A description of the direct
care workforce that provides home and
community-based services, including estimates
(and a description of the methodology used to
develop such estimates) of the number of full-
and part-time direct care workers, the average
and range of direct care worker wages, the
benefits provided to direct care workers, the
turnover and vacancy rates of direct care
worker positions, the membership of direct care
workers in labor organizations and, to the
extent the State has access to such data,
demographic information about such workforce,
including information on race, ethnicity, and
gender.
(F) Payment rates.--
(i) In general.--A description of the
payment rates for home and community-
based services, including, to the
extent applicable, how payments for
such services are factored into the
development of managed care capitation
rates, and when the State last updated
payment rates for home and community-
based services, and the extent to which
payment rates are passed through to
direct care worker wages.
(ii) Assessment.--An assessment of
the relationship between payment rates
for such services and average
beneficiary wait times for such
services, provider-to-beneficiary
ratios in the geographic region.
(G) Quality.--A description of how the
quality of home and community-based services is
measured and monitored.
(H) Long-term services and supports provided
in institutional settings.--A description of
the number of individuals enrolled in the State
Medicaid program who receive items and services
for greater than 30 days in an institutional
setting that is a nursing facility or
intermediate care facility, and the demographic
information of such individuals who are
provided such items and services in such
settings.
(I) HCBS share of overall medicaid ltss
spending.--For the most recent State fiscal
year for which complete data is available, the
percentage of expenditures made by the State
under the State Medicaid program for long-term
services and supports that are for home and
community-based services.
(J) Demographic data.--To the extent
available and as applicable with respect to the
information required under subparagraphs
(B),(C), and (H), demographic data for such
information, disaggregated by age groups,
primary disability, income brackets, gender,
race, ethnicity, geography, primary language,
and type of service setting.
(2) Goals for hcbs improvements.--A description of
how the State will do the following:
(A) Conduct the activities required under
subsection (jj) of section 1905 of the Social
Security Act(as added under section 30713).
(B) Reduce barriers and disparities in access
or utilization of home and community-based
services in the State.
(C) Monitor and report (with supporting data
to the extent available and applicable
disaggregated by age groups, primary
disability, income brackets, gender, race,
ethnicity, geography, primary language, and
type of service setting, on--
(i) access to home and community-
based services under the State Medicaid
program, disparities in access to such
services, and the utilization of such
services; and
(ii) the amount of State Medicaid
expenditures for home and community-
based services under the State Medicaid
program as a proportion of the total
amount of State expenditures under the
State Medicaid program for long-term
services and supports.
(D) Monitor and report on wages, benefits,
and vacancy and turnover rates for direct care
workers.
(E) Assess and monitor the sufficiency of
payments under the State Medicaid program for
the specific types of home and community-based
services available under such program for
purposes of supporting direct care worker
recruitment and retention and ensuring the
availability of home and community-based
services.
(F) Coordinate implementation of the HCBS
improvement plan among the State Medicaid
agency, agencies serving individuals with
disabilities, agencies serving the elderly, and
other relevant State and local agencies and
organizations that provide related supports,
such as those for housing, transportation,
employment, and other services and supports.
(d) Development and Approval Requirements.--
(1) Development requirements.--In order to meet the
requirements of this subsection, a State awarded a
planning grant under this section shall develop an HCBS
improvement plan for the State with input from
stakeholders through a public notice and comment
process that includes consultation with Medicaid
eligible individuals who are recipients of home and
community-based services, family caregivers of such
recipients, providers, health plans, direct care
workers, chosen representatives of direct care workers,
and aging, disability, and workforce advocates.
(2) Authority to adjust certain plan content
requirements.--The Secretary may modify the
requirements for any of the information specified in
subsection (c)(1) if a State requests a modification
and demonstrates to the satisfaction of the Secretary
that it is impracticable for the State to collect and
submit the information.
(3) Submission and approval.--Not later than 24
months after the date on which a State is awarded a
planning grant under this section, the State shall
submit an HCBS improvement plan for approval by the
Secretary, along with assurances by the State that the
State will implement the plan in accordance with the
requirements of the HCBS Improvement Program
established under subsection (jj) of section 1905 of
the Social Security Act (42 U.S.C. 1396d) (as added by
section 30713). The Secretary shall approve and make
publicly available the HCBS improvement plan for a
State after the plan and such assurances are submitted
to the Secretary for approval and the Secretary
determines the plan meets the requirements of
subsection (c). A State may amend its HCBS improvement
plan, subject to the approval of the Secretary that the
plan as so amended meets the requirements of subsection
(c). The Secretary may withhold or recoup funds
provided under this section to a State or pursuant to
section 1905(jj) of the Social Security Act, as added
by section 30713, if the State fails to implement the
HCBS improvement plan of the State or meet applicable
deadlines under this section.
SEC. 30713. HCBS IMPROVEMENT PROGRAM.
(a) Increased FMAP for HCBS Program Improvement States.--
Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended--
(1) in subsection (b), by striking ``and (ii)'' and
inserting ``(ii), and (jj)''; and
(2) by adding at the end the following new
subsection:
``(jj) Additional Support for HCBS Program Improvement
States.--
``(1) In general.--
``(A) Additional support.--Subject to
paragraph (5), in the case of a State that is
an HCBS program improvement State, for each
fiscal quarter that begins on or after the
first date on which the State is an HCBS
program improvement State--
``(i) and for which the State meets
the requirements described in
paragraphs (2) and (4), notwithstanding
subsection (b) or (ff), subject to
subparagraph (B), with respect to
amounts expended during the quarter by
such State for medical assistance for
home and community-based services, the
Federal medical assistance percentage
for such State and quarter (as
determined for the State under
subsection (b) and, if applicable,
increased under subsection (y), (z),
(aa), or (ii), or section 6008(a) of
the Families First Coronavirus Response
Act) shall be increased by 7 percentage
points; and
``(ii) with respect to the State
meeting the requirements described in
paragraphs (2) and (4), notwithstanding
section 1903(a)(7), 1903(a)(3)(F), and
1903(t), with respect to amounts
expended during the quarter and before
October 1, 2031, for administrative
costs for expanding and enhancing home
and community-based services, including
for enhancing Medicaid data and
technology infrastructure, modifying
rate setting processes, adopting or
improving training programs for direct
care workers and family caregivers, and
adopting, carrying out, or enhancing
programs that register direct care
workers or connect beneficiaries to
direct care workers, the per centum
specified in such section shall be
increased to 80 percent.
In no case may the application of clause (i)
result in the Federal medical assistance
percentage determined for a State being more
than 95 percent with respect to such
expenditures. In no case shall the application
of clause (ii) result in a reduction to the per
centum otherwise specified without application
of such clause. Any increase pursuant to clause
(ii) shall be available to a State before the
State meets the requirements of paragraphs (2)
and (4).
``(B) Additional hcbs improvement efforts.--
Subject to paragraph (5), in addition to the
increase to the Federal medical assistance
percentage under subparagraph (A)(i) for
amounts expended during a quarter for medical
assistance for home and community-based
services by an HCBS program improvement State
that meets the requirements of paragraphs (2)
and (4) for the quarter, the Federal medical
assistance percentage for amounts expended by
the State during the quarter for medical
assistance for home and community-based
services shall be further increased by 2
percentage points (but not to exceed 95
percent) during the first 8 fiscal quarters
throughout which the State has implemented and
has in effect a program to support self-
directed care that meets the requirements of
paragraph (3).
``(C) Nonapplication of territorial funding
caps.--Any payment made to Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana
Islands, or American Samoa for expenditures
that are subject to an increase in the Federal
medical assistance percentage under
subparagraph (A)(i) or (B), or an increase in
an applicable Federal matching percentage under
subparagraph (A)(ii), shall not be taken into
account for purposes of applying payment limits
under subsections (f) and (g) of section 1108.
``(D) Nonapplication to chip efmap.--Any
increase described in subparagraph (A) (or
payment made for expenditures on medical
assistance that are subject to such increase)
shall not be taken into account in calculating
the enhanced FMAP of a State under section
2105.
``(2) Requirements.--As conditions for receipt of the
increase under paragraph (1) to the Federal medical
assistance percentage determined for a State, with
respect to a fiscal year quarter, the State shall meet
each of the following requirements:
``(A) Nonsupplantation.--The State uses the
Federal funds attributable to the increase in
the Federal medical assistance percentage for
amounts expended during a quarter for medical
assistance for home and community-based
services under subparagraphs (A) and, if
applicable, (B) of paragraph (1) to supplement,
and not supplant, the level of State funds
expended for home and community-based services
for eligible individuals through programs in
effect as of the date the State is awarded a
planning grant under section 30712 of the Act
titled `An Act to provide for reconciliation
pursuant to title II of S. Con. Res. 14'. In
applying this subparagraph, the Secretary shall
provide that a State shall have a 3-year period
to spend any accumulated unspent State funds
attributable to the increase described in
clause (i) in the Federal medical assistance
percentage.
``(B) Maintenance of effort.--
``(i) In general.--The State does
not--
``(I) reduce the amount,
duration, or scope of home and
community-based services
available under the State plan
or waiver (relative to the home
and community-based services
available under the plan or
waiver as of the date on which
the State was awarded a
planning grant under section
30712 of the Act titled `An Act
to provide for reconciliation
pursuant to title II of S. Con.
Res. 14';
``(II) reduce payment rates
for home and community-based
services lower than such rates
that were in place as of the
date described in subclause
(I), including, to the extent
applicable, payment rates for
such services that are included
in managed care capitation
rates; or
``(III) except to the extent
permitted under clause (ii),
adopt more restrictive
standards, methodologies, or
procedures for determining
eligibility, benefits, or
services for receipt of home
and community-based services,
including with respect to cost-
sharing, than the standards,
methodologies, or procedures
applicable as of such date.
``(ii) Flexibility to support
innovative models.--A State may make
modifications that would otherwise
violate the maintenance of effort
described in clause (i) if the State
demonstrates to the satisfaction of the
Secretary that such modifications shall
not result in--
``(I) home and community-
based services that are less
comprehensive or lower in
amount, duration, or scope;
``(II) fewer individuals
(overall and within particular
eligibility groups and
categories) receiving home and
community-based services; or
``(III) increased cost-
sharing for home and community-
based services.
``(C) Access to services.--Not later than an
implementation date as specified by the
Secretary after the first day of the first
fiscal quarter for which a State receives an
increase to the Federal medical assistance
percentage or other applicable Federal matching
percentage under paragraph (1), the State does
all of the following to improve access to
services:
``(i) Reduce access barriers and
disparities in access or utilization of
home and community-based services, as
described in the State HCBS improvement
plan.
``(ii) Provides coverage of personal
care services authorized under
subsection (a)(24) for all individuals
eligible for medical assistance in the
State.
``(iii) Provides for navigation of
home and community-based services
through `no wrong door' programs,
provides expedited eligibility for home
and community-based services, and
improves home and community-based
services counseling and education
programs.
``(iv) Expands access to behavioral
health services as defined in the
State's HCBS improvement plan.
``(v) Improves coordination of home
and community-based services with
employment, housing, and transportation
supports.
``(vi) Provides supports to family
caregivers, such as respite care,
caregiver assessments, peer supports,
or paid family caregiving.
``(vii) Adopts, expands eligibility
for, or expands covered items and
services provided under 1 or more
eligibility categories authorized under
subclause (XIII), (XV), or (XVI) of
section 1902(a)(10)(A)(ii).
``(D) Strengthened and expanded workforce.--
``(i) In general.--The State
strengthens and expands the direct care
workforce that provides home and
community-based services by--
``(I) adopting processes to
ensure that payments for home
and community-based services
are sufficient to ensure that
care and services are available
to the extent described in the
State HCBS improvement plan;
and
``(II) updating qualification
standards (as appropriate), and
developing and adopting
training opportunities, for the
continuum of providers of home
and community-based services,
including programs for
independent providers of such
services and agency direct care
workers, as well as unique
programs and resources for
family caregivers.
``(ii) Payment rates.--In carrying
out clause (i)(I), the State shall--
``(I) update and increase, as
appropriate, payment rates for
delivery of home and community-
based services to support the
recruitment and retention of
the direct care workforce;
``(II) review and, if
necessary to ensure sufficient
access to care, increase
payment rates for home and
community-based services, not
less frequently than once every
3 years, through a transparent
process involving meaningful
input from stakeholders,
including recipients of home
and community-based services,
family caregivers of such
recipients, providers, health
plans, direct care workers,
chosen representatives of
direct care workers, and aging,
disability, and workforce
advocates; and
``(III) ensure that increases
in the payment rates for home
and community-based services--
``(aa) at a minimum,
results in a
proportionate increase
to payments for direct
care workers and in a
manner that is
determined with input
from the stakeholders
described in subclause
(II); and
``(bb) incorporate
into provider payment
rates for home and
community-based
services provided under
this title by a managed
care entity (as defined
in section
1932(a)(1)(B)) a
prepaid inpatient
health plan or prepaid
ambulatory health plan,
as defined in section
438.2 of title 42, Code
of Federal Regulations
(or any successor
regulation)), under a
contract and paid
through capitation
rates with the State.
``(3) Self-directed models for the delivery of
services.--As conditions for receipt of the increase
under paragraph (1)(B) to the Federal medical
assistance percentage determined for a State, with
respect to a fiscal year quarter, the State shall
establish directly, or by contract with 1 or more non-
profit entities, including an agency with choice or a
similar service delivery model, a program for the
performance of all of the following functions:
``(A) Registering qualified direct care
workers and assisting beneficiaries in finding
direct care workers.
``(B) Undertaking activities to recruit and
train independent providers to enable
beneficiaries to direct their own care,
including by providing or coordinating training
for beneficiaries on self-directed care.
``(C) Ensuring the safety of, and supporting
the quality of, care provided to beneficiaries,
such as by conducting background checks and
addressing complaints reported by recipients of
home and community-based services consistent
with Fair Hearing requirements and prior notice
of service reductions, including under subpart
F of part 438 of title 42, Code of Federal
Regulations and section 438.71(d) of such
title.
``(D) Facilitating coordination between State
and local agencies and direct care workers for
matters of public health, training
opportunities, changes in program requirements,
workplace health and safety, or related
matters.
``(E) Supporting beneficiary hiring, if
selected by the beneficiary, of independent
providers of home and community-based services,
including by processing applicable tax
information, collecting and processing
timesheets, submitting claims and processing
payments to such providers.
``(F) To the extent a State permits
beneficiaries to hire a family member or
individual with whom they have an existing
relationship to provide home and community-
based service, providing support to
beneficiaries who wish to hire a caregiver who
is a family member or individual with whom they
have an existing relationship, such as by
facilitating enrollment of such family member
or individual as a provider of home and
community-based services under the State plan
or a waiver of such plan.
``(G) Ensuring that such programs do not
discriminate against labor organizations or
workers who may join or decline to join a labor
organization.
``(4) Reporting and oversight.--As conditions for
receipt of the increase under paragraph (1) to the
Federal medical assistance percentage determined for a
State, with respect to a fiscal year quarter, the State
shall meet each of the following requirements:
``(A) The State designates (by a date
specified by the Secretary) an HCBS ombudsman
office that--
``(i) operates independently from the
State Medicaid agency and managed care
entities;
``(ii) provides direct assistance to
recipients of home and community-based
services available under the State
Medicaid program and their families;
and
``(iii) identifies and reports
systemic problems to State officials,
the public, and the Secretary.
``(B) Beginning with the 5th fiscal quarter
for which the State is an HCBS program
improvement State, and annually thereafter, the
State reports to the Secretary on the state (as
of the last quarter before the report) of the
components of the home and community-based
services landscape described in the State HCBS
improvement plan, including with respect to--
``(i) the availability and
utilization of home and community-based
services, disaggregated (to the extent
available and as applicable) by age
groups, primary disability, income
brackets, gender, race, ethnicity,
geography, primary language, and type
of service setting;
``(ii) wages, benefits, turnover and
vacancy rates for the direct care
workforce;
``(iii) changes in payment rates for
home and community-based services;
``(iv) implementation of the
activities to strengthen and expand
access to home and community-based
services and the direct care workforce
that provides such services in
accordance with the requirements of
subparagraphs (C) and (D) of paragraph
(2);
``(v) if applicable, implementation
of the activities described in
paragraph (3);
``(vi) State expenditures for home
and community-based services under the
State plan or a waiver of such plan as
a proportion of the total amount of
State expenditures under the plan or
waiver of such plan for long-term
services and supports; and
``(vii) the challenges in, and best
practices for, expanding access to home
and community-based services, reducing
disparities, and supporting and
expanding the direct care workforce.
``(5) Benchmarks for demonstrating improvements.--An
HCBS program improvement State shall cease to be
eligible for an increase in the Federal medical
assistance percentage under paragraph (1)(A)(i) or
(1)(B) or an increase in an applicable Federal matching
percentage under paragraph (1)(A)(ii) at any time or
beginning with the 29th fiscal quarter that begins on
or after the first date on which a State is an HCBS
program improvement State if the State is found to be
out of compliance with paragraph (2)(B) or any other
requirement of this subsection and, beginning with such
29th fiscal quarter, unless, not later than 90 days
before the first day of such fiscal quarter, the State
submits to the Secretary a report demonstrating the
following improvements:
``(A) Increased availability (above a
marginal increase) of home and community-based
services in the State relative to such
availability as reported in the State HCBS
improvement plan and adjusted for demographic
changes in the State since the submission of
such plan.
``(B) Reduced disparities in the utilization
and availability of home and community-based
services relative to the availability and
utilization of such services by such
populations as reported in such plan according
to age groups, primary disability, income
brackets, gender, race, ethnicity, geography,
primary language, and type of service setting
(to the extent available and applicable), and
adjusted for demographic changes in the State
since the submission of such plan.
``(C) Evidence that rates are sufficient to
ensure access to items and services for
individuals eligible for HCBS in such State.
``(D) With respect to the percentage of
expenditures made by the State for long-term
services and supports that are for home and
community-based services, in the case of an
HCBS program improvement State for which such
percentage (as reported in the State HCBS
improvement plan) was--
``(i) less than 50 percent, the State
demonstrates that the percentage of
such expenditures has increased to at
least 50 percent since the plan was
approved; and
``(ii) at least 50 percent, the State
demonstrates that such percentage has
not decreased since the plan was
approved.
``(6) Definitions.--In this subsection, the terms
`State Medicaid plan', `direct care worker', `HCBS
program improvement State', and `home and community-
based services' have the meaning given those terms in
section 30711 of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res.
14'.''.
SEC. 30714. FUNDING FOR TECHNICAL ASSISTANCE AND OTHER ADMINISTRATIVE
REQUIREMENTS RELATED TO MEDICAID HCBS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$35,000,000, to remain available until expended, to carry out
the following activities:
(1) To prepare and submit to the appropriate
committees of Congress--
(A) not later than 4 years after the date of
enactment of this Act, a report that includes--
(i) a description of the HCBS
improvement plans approved by the
Secretary under section 30712(d);
(ii) a description (which may be a
narrative report with examples or
otherwise) of the landscape, at both
the national and State levels, with
respect to gaps in coverage of home and
community-based services, disparities
in access to, and utilization of, such
services, and barriers to accessing
such services; and
(iii) a description of the national
landscape with respect to the direct
care workforce that provides home and
community-based services, including
with respect to wages, benefits, and
challenges to the availability of such
workers; and
(B) not later than 7 years after the date of
enactment of this Act, and every 3 years
thereafter, a report that includes--
(i) the number of HCBS program
improvement States;
(ii) a summary of the progress being
made by such States with respect to
strengthening and expanding access to
home and community-based services and
the direct care workforce that provides
such services and meeting the
benchmarks for demonstrating
improvements required under section
1905(jj)(5) of the Social Security Act
(as added by section 30713);
(iii) a summary of States'
performance measures as a part of the
home and community-based services core
quality measures and beneficiary and
family caregiver surveys; and
(iv) a summary of the challenges and
best practices reported by States in
expanding access to home and community-
based services and supporting and
expanding the direct care workforce
that provides such services.
(2) To provide HCBS program improvement States with
technical assistance related to carrying out the HCBS
improvement plans approved by the Secretary under
section 30712(d) and meeting the requirements and
benchmarks for demonstrating improvements required
under section 1905(jj) of the Social Security Act (as
added by section 30713), and to issue such guidance or
regulations as necessary to carry out this subtitle and
the amendments made by this subtitle, including
guidance specifying how States shall assess and track
access to home and community-based services over time.
SEC. 30715. FUNDING FOR HCBS QUALITY MEASUREMENT AND IMPROVEMENT.
(a) In General.--Title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended--
(1) in section 1139A--
(A) in subsection (a)(4)(B)--
(i) by striking ``Beginning with the
annual State report on fiscal year
2024'' and inserting the following:
``(i) In general.--Subject to clause
(ii), beginning with the annual State
report on fiscal year 2024''; and
(ii) by adding at the end the
following new clause:
``(ii) Reporting hcbs quality
measures.--With respect to reporting on
information regarding the quality of
home and community-based services
provided to children under title XIX,
beginning with the annual State report
for the first fiscal year that begins
on or after the date that is 2 years
after the date that the Secretary
publishes the home and community-based
services quality measures developed
under subsection (b)(5)(B) the
Secretary shall require States to
report such information using the
standardized format for reporting
information and procedures developed
under subparagraph (A) and using such
home and community-based quality
measures developed under subsection
(b)(5) (including any updates or
changes to such measures).''; and
(B) in subsection (b)(5)--
(i) by striking ``Beginning no later
than January 1, 2013'' and inserting
the following:
``(A) In general.--Beginning no later than
January 1, 2013''; and
(ii) by adding at the end the
following new subparagraph:
``(B) HCBS quality measures.--Beginning with
the first year that begins on the date that is
2 years after the date of enactment of this
subparagraph, the core measures described in
subsection (a) (and any updates or changes to
such measures) shall include home and
community-based services quality measures
developed by the Secretary in the manner
described in section 1139B(b)(5)(D). The
Secretary may determine which measures are to
be included in the core set under this section
and which in the core set under section 1139B,
based on the differences in health care needs
for the relevant populations.''; and
(2) in section 1139B--
(A) in subsection (b)--
(i) in paragraph (3), by adding at
the end the following new subparagraph:
``(C) Mandatory reporting with respect to
hcbs quality measures.--Beginning with the
State report required under subsection (d)(1)
for the first year that begins on or after the
date that is 2 years after the date that the
Secretary publishes the home and community-
based quality measures developed under
paragraph (5)(D), the Secretary shall require
States to report information, using the
standardized format for reporting information
and procedures developed under subparagraph
(A), regarding the quality of home and
community-based services for Medicaid eligible
adults using either--
``(i) the home and community-based
services quality measures included in
the core set of adult health quality
measures under subparagraph (D), and
any updates or changes to such
measures; or
``(ii) an equivalent alternative set
of home and community-based services
quality measures approved by the
Secretary.''; and
(ii) in paragraph (5), by adding at
the end the following new subparagraph:
``(D) HCBS quality measures.--
``(i) In general.--Beginning with
respect to State reports required under
subsection (d)(1) for the first year
that begins on or after the date that
is 2 years after the date of enactment
of this subparagraph, the core set of
adult health quality measures
maintained under this paragraph (and
any updates or changes to such
measures) shall include home and
community-based services quality
measures developed in accordance with
this subparagraph.
``(ii) Requirements.--
``(I) Interagency
collaboration; stakeholder
input.--In developing (and
subsequently reviewing and
updating) the home and
community-based services
quality measures included in
the core set of adult health
quality measures maintained
under this paragraph, the
Secretary shall--
``(aa) collaborate
with the Administrator
of the Centers for
Medicare & Medicaid
Services, the
Administrator of the
Administration for
Community Living, the
Director of the Agency
for Healthcare Research
and Quality, and the
Assistant Secretary for
Mental Health and
Substance Use; and
``(bb) ensure that
such home and
community-based
services quality
measures are informed
by input from
stakeholders, including
recipients of home and
community-based
services, family
caregivers of such
recipients, providers,
health plans, direct
care workers, chosen
representatives of
direct care workers,
and aging, disability,
and workforce
advocates.
``(II) Reflective of full
array of services.--Such home
and community-based services
quality measures shall--
``(aa) reflect the
full array of home and
community-based
services and recipients
of such services; and
``(bb) include--
``(AA)
outcomes-based
measures;
``(BB)
measures of
availability of
services;
``(CC)
measures of
provider
capacity and
availability;
``(DD)
measures
related to
person-centered
care;
``(EE)
measures
specific to
self-directed
care;
``(FF)
measures
related to
transitions to
and from
institutional
care; and
``(GG)
beneficiary and
family
caregiver
surveys.
``(III) Demographics.--Such
home and community-based
services quality measures shall
allow for the collection, to
the extent available, of data
that is disaggregated by age
groups, primary disability,
income brackets, gender, race,
ethnicity, geography, primary
language, and type of service
setting.
``(IV) Definitions.--For
purposes of this section and
section 1139A, the terms `home
and community-based services',
`health plan'; and `direct care
worker' have the meanings given
those terms in section 30711 of
the Act titled `An Act to
provide for reconciliation
pursuant to title II of S. Con.
Res. 14'.
``(iii) Funding.--In addition to
amounts otherwise available, there is
appropriated to the Secretary for
fiscal year 2022, out of any money in
the Treasury not otherwise
appropriated, $5,000,000, to remain
available until expended, for carrying
out this subparagraph.''; and
(B) in subsection (d)(1)(A), by striking ``;
and'' and inserting ``and, beginning with the
report for the first year that begins after the
date that is 2 years after the Secretary
publishes the home and community-based quality
measures developed under subsection (b)(5)(D),
home and community-based services quality
measures included in the core set of adult
health quality measures maintained under
subsection (b)(5) and any updates or changes to
such measures or an equivalent alternative set
of home and community-based services quality
measures approved by the Secretary; and''.
(b) Increased Federal Matching Rate for Adoption and
Reporting.--
(1) In general.--Section 1903(a)(3) of the Social
Security Act (42 U.S.C. 1396b(a)(3)) is amended--
(A) in subparagraph (F)(ii), by striking
``plus'' after the semicolon and inserting
``and''; and
(B) by inserting after subparagraph (F), the
following:
``(G) 80 percent of so much of the sums
expended during such quarter as are
attributable to the reporting of information
regarding the quality of home and community-
based services in accordance with sections
1139A(a)(4)(B)(ii) and 1139B(b)(3)(C); and''.
(2) Exemption from territories' payment limits.--
Section 1108(g)(4) of the Social Security Act is
amended by adding at the end the following new
subparagraph:
``(C) Additional exemption relating to hcbs
quality reporting.--Payments under section
1903(a)(3)(G) shall not be taken into account
in applying payment limits under subsection (f)
and this subsection.''.
PART 3--OTHER MEDICAID
SEC. 30721. PERMANENT EXTENSION OF MEDICAID PROTECTIONS AGAINST SPOUSAL
IMPOVERISHMENT FOR RECIPIENTS OF HOME AND
COMMUNITY-BASED SERVICES.
Section 1924(h)(1)(A) of the Social Security Act (42 U.S.C.
1396r-5(h)(1)(A)) is amended by striking ``(at the option of
the State) is described in section 1902(a)(10)(A)(ii)(VI)'' and
inserting the following: ``is eligible for medical assistance
for home and community-based services provided under subsection
(c), (d), or (i) of section 1915 or under a waiver approved
under section 1115, or who is eligible for such medical
assistance by reason of being determined eligible under section
1902(a)(10)(C) or by reason of section 1902(f) or otherwise on
the basis of a reduction of income based on costs incurred for
medical or other remedial care, or who is eligible for medical
assistance for home and community-based attendant services and
supports under section 1915(k)''.
SEC. 30722. PERMANENT EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION.
(a) In General.--Subsection (h) of section 6071 of the
Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (I), by inserting ``and''
after the semicolon;
(B) by amending subparagraph (J) to read as
follows:
``(J) $450,000,000 for each fiscal year after
fiscal year 2021.''; and
(C) by striking subparagraph (K);
(2) in paragraph (2), by striking ``September 30,
2023'' and inserting ``September 30 of the subsequent
fiscal year''; and
(3) by adding at the end the following new paragraph:
``(3) Technical assistance.--Out of the amounts made
available under paragraph (1), for the 3-year period
beginning with fiscal year 2022 and for each subsequent
3-year period, $5,000,000 shall be made available for
carrying out subsection (f) and (i).''.
(b) Redistribution of Unexpended Grant Awards.--Subsection
(e)(2) of section 6071 of the Deficit Reduction Act of 2005 (42
U.S.C. 1396a note) is amended by adding at the end the
following new sentence: ``Any portion of a State grant award
for a fiscal year under this section that is unexpended by the
State at the end of the fourth succeeding fiscal year shall be
rescinded by the Secretary and added to the appropriation for
the fifth succeeding fiscal year.''.
SEC. 30723. EXTENDING CONTINUOUS MEDICAID COVERAGE FOR PREGNANT AND
POSTPARTUM WOMEN.
(a) Requiring Full Benefits for Pregnant and Postpartum Women
for 12-month Period Post Pregnancy.--
(1) In general.--Paragraph (5) of section 1902(e) of
the Social Security Act (42 U.S.C. 1396a(e)) is
amended--
(A) by striking ``(5) A woman who'' and
inserting ``(5)(A) For any fiscal year quarter
with respect to which the amendments made by
section 30723(a)(1)(B) of the Act titled `An
Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14' do not apply
(beginning with the first fiscal year quarter
beginning one year after the date of the
enactment of such Act), a woman who''; and
(B) by adding at the end the following new
subparagraph:
``(B) For any fiscal year quarter (beginning with the
first fiscal year quarter beginning one year after the
date of the enactment of this subparagraph), any
individual who, while pregnant, is eligible for and
received medical assistance under the State plan or a
waiver of such plan (regardless of the basis for the
individual's eligibility for medical assistance and
including during a period of retroactive eligibility
under subsection (a)(34)), shall remain eligible,
notwithstanding section 1916(c)(3) or any other
limitation under this title, for medical assistance
through the end of the month in which the 12-month
period (beginning on the last day of pregnancy of the
individual) ends, and such medical assistance shall be
in accordance with clauses (i) and (ii) of paragraph
(16)(B).''.
(2) Conforming amendments.--Title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) is amended--
(A) in section 1902(a)(10), in the matter
following subparagraph (G), by striking ``(VII)
the medical assistance'' and all that follows
through ``, (VIII)'' and inserting ``(VIII)'';
(B) in section 1902(e)(6), by striking ``In
the case of'' and inserting ``For any fiscal
year quarter with respect to which the
amendments made by section 30723(a)(1)(B) of
the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con.
Res. 14' do not apply (beginning with the first
fiscal year quarter beginning one year after
the date of the enactment of such Act), in the
case of'';
(C) in section 1902(l)(1)(A), by striking
``60-day period'' and inserting ``12-month
period'';
(D) in section 1903(v)(4)(A)--
(i) in clause (i), by striking ``60-
day period'' and inserting ``12-month
period (or, for any fiscal year quarter
with respect to which the amendments
made by section 30723(a)(1)(B) of the
Act titled `An Act to provide for
reconciliation pursuant to title II of
S. Con. Res. 14' do not apply
(beginning with the first fiscal year
quarter beginning one year after the
date of the enactment of such Act), 60-
day period)''; and
(ii) in clause (ii), by inserting
``and including an individual to whom
section 1902(e)(5)(B) applies, in
accordance with such section, through
the end of the month in which the 12-
month period (beginning on the last day
of pregnancy of the individual) ends''
before the period at the end; and
(E) in section 1905(a), in the 4th sentence
in the matter following paragraph (31), by
striking ``60-day period'' and inserting ``12-
month period (or, for any fiscal year quarter
with respect to which the amendments made by
section 30723(a)(1)(B) of the Act titled `An
Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14' do not apply
(beginning with the first fiscal year quarter
beginning one year after the date of the
enactment of such Act), 60-day period)''.
(b) Transition From State Option.--Section 1902(e)(16)(A) of
the Social Security Act (42 U.S.C. 1396a(e)(16)(A)) is amended
by striking ``At the option of the State'' and inserting ``For
any fiscal year quarter with respect to which the amendments
made by section 30723(a)(1)(B) of the Act titled `An Act to
provide for reconciliation pursuant to title II of S. Con. Res.
14' do not apply (beginning with the first fiscal year quarter
beginning one year after the date of the enactment of such
Act), at the option of the State''.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the
amendments made by this section shall take effect on
the 1st day of the 1st fiscal year quarter that begins
one year after the date of the enactment of this Act
and shall apply with respect to medical assistance
provided on or after such date.
(2) Exception for state legislation.--In the case of
a State plan under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) that the Secretary of Health
and Human Services determines requires State
legislation in order for the plan to meet any
requirement imposed by amendments made by this section,
the plan shall not be regarded as failing to comply
with the requirements of such title solely on the basis
of its failure to meet such a requirement before the
first day of the first calendar quarter beginning after
the close of the first regular session of the State
legislature that begins after the date of the enactment
of this Act. For purposes of the previous sentence, in
the case of a State that has a 2-year legislative
session, each year of the session shall be considered
to be a separate regular session of the State
legislature.
SEC. 30724. PROVIDING FOR 1 YEAR OF CONTINUOUS ELIGIBILITY FOR CHILDREN
UNDER THE MEDICAID PROGRAM.
(a) In General.--Section 1902(e) of the Social Security Act
(42 U.S.C. 1396a(e)) is amended--
(1) in paragraph (12), by inserting ``before the date
of the enactment of paragraph (17)'' after ``subsection
(a)(10)(A)''.
(2) by adding at the end following new paragraph:
``(17) 1 year of continuous eligibility for
children.--The State plan (or waiver of such State
plan) shall provide that an individual who is under the
age of 19 and who is determined to be eligible for
benefits under a State plan approved under subsection
(a)(10)(A) shall remain eligible for such benefits
until the earlier of--
``(A) the end of the 12-month period
beginning on the date of such determination;
``(B) the time that such individual attains
the age of 19; or
``(C) the date that such individual ceases to
be a resident of such State.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the
amendments made by subsection (a)(2) shall apply with
respect to eligibility determinations or
redeterminations made on or after the date of the
enactment of this Act.
(2) Exception for state legislation.--In the case of
a State plan under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) that the Secretary of Health
and Human Services determines requires State
legislation in order for the plan to meet any
requirement imposed by amendments made under subsection
(a)(2), the plan shall not be regarded as failing to
comply with the requirements of such title solely on
the basis of its failure to meet such a requirement
before the first day of the first calendar quarter
beginning after the close of the first regular session
of the State legislature that begins after the date of
the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be
considered to be a separate regular session of the
State legislature.
SEC. 30725. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES
DURING 30-DAY PERIOD PRECEDING RELEASE.
The subdivision (A) following paragraph (31) of section
1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is
amended by inserting ``and, beginning on the first day of the
first fiscal year quarter that begins one year after the date
of the enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14', except
during the 30-day period preceding the date of release of such
individual from such public institution'' after ``medical
institution''.
SEC. 30726. EXTENSION OF CERTAIN PROVISIONS.
(b) Express Lane Eligibility Option.--Section 1902(e)(13) of
the Social Security Act (42 U.S.C. 1396a(e)(13)) is amended by
striking subparagraph (I).
(c) Conforming Amendments for Assurance of Affordability
Standard for Children and Families.--Section 1902(gg)(2) of the
Social Security Act (42 U.S.C. 1396a(gg)(2)) is amended--
(1) in the paragraph heading, by striking ``through
september 30, 2027''; and
(2) by striking ``through September 30'' and all that
follows through ``ends on September 30, 2027'' and
inserting ``(but beginning on October 1, 2019,''.
Subtitle H--Children's Health Insurance Program
SEC. 30801. PERMANENT EXTENSION OF CHILDREN'S HEALTH INSURANCE PROGRAM.
(a) In General.--Section 2104(a)(28) of the Social Security
Act (42 U.S.C. 1397dd(a)(28)) is amended to read as follows:
``(28) for fiscal year 2027 and each subsequent year,
such sums as are necessary to fund allotments to States
under subsection (m).''.
(b) Allotments.--
(1) In general.--Section 2104(m) of the Social
Security Act (42 U.S.C. 1397dd(m)) is amended--
(A) in paragraph (2)(B)(i), by striking ``,,
2023, and 2027'' and inserting ``and 2023'';
(B) in paragraph (5)--
(i) by striking ``(10), or (11)'' and
inserting ``or (10)'';
(ii) by striking ``for a fiscal
year'' and inserting ``for a fiscal
year before 2027''; and
(iii) by striking ``2023, or 2027''
and inserting ``or 2023'';
(C) in paragraph (7)--
(i) in subparagraph (A), by striking
``and ending with fiscal year 2027,'';
and
(ii) in the flush left matter at the
end, by striking ``or fiscal year
2026'' and inserting ``fiscal year
2026, or a subsequent even-numbered
fiscal year'';
(D) in paragraph (9)--
(i) by striking ``(10), or (11)'' and
inserting ``or (10)''; and
(ii) by striking ``2023, or 2027,''
and inserting ``or 2023''; and
(E) by striking paragraph (11).
(2) Conforming amendment.--Section 50101(b)(2) of the
Bipartisan Budget Act of 2018 (Public Law 115-123) is
repealed.
SEC. 30802. PERMANENT EXTENSIONS OF OTHER PROGRAMS AND DEMONSTRATION
PROJECTS.
(a) Pediatric Quality Measures Program.--Section 1139A(i)(1)
of the Social Security Act (42 U.S.C. 1320b-9a(i)(1)) is
amended--
(1) in subparagraph (C), by striking at the end
``and'';
(2) in subparagraph (D), by striking the period at
the end and insert a semicolon; and
(3) by adding at the end the following new
subparagraphs:
``(E) for fiscal year 2028, $15,000,000 for
the purpose of carrying out this section (other
than subsections (e), (f), and (g)); and
``(F) for a subsequent fiscal year, the
amount appropriated under this paragraph for
the previous fiscal year, increased by the
percentage increase in the consumer price index
for all urban consumers (all items; United
States city average) over such previous fiscal
year, for the purpose of carrying out this
section (other than subsections (e), (f), and
(g)).''.
(b) Assurance of Affordability Standard for Children and
Families.--Section 2105(d)(3) of the Social Security Act (42
U.S.C. 1397ee(d)(3)) is amended--
(1) in the paragraph heading, by striking ``through
september 30, 2027''; and
(2) in subparagraph (A)--
(A) in the matter preceding clause (i)--
(i) by striking ``During the period
that begins on the date of enactment of
the Patient Protection and Affordable
Care Act and ends on September 30,
2027'' and inserting ``Beginning on the
date of the enactment of the Patient
Protection and Affordable Care Act'';
(ii) by striking ``During the period
that begins on October 1, 2019, and
ends on September 30, 2027'' and
inserting ``Beginning on October 1,
2019''; and
(iii) by striking ``The preceding
sentences shall not be construed as
preventing a State during any such
periods from'' and inserting ``The
preceding sentences shall not be
construed as preventing a State from'';
(B) in clause (i), by striking the semicolon
at the end and inserting a period;
(C) by striking clauses (ii) and (iii); and
(D) by striking ``periods from'' and all that
follows through ``applying eligibility
standards'' and inserting ``periods from
applying eligibility standards''.
(c) Qualifying States Option.--Section 2105(g)(4) of the
Social Security Act (42 U.S.C. 1397ee(g)(4)) is amended--
(1) in the paragraph heading, by striking ``for
fiscal years 2009 through 2027'' and inserting ``after
fiscal year 2008''; and
(2) in subparagraph (A), by striking ``for any of
fiscal years 2009 through 2027'' and inserting ``for
any fiscal year after fiscal year 2008''.
(d) Outreach and Enrollment Program.--Section 2113 of the
Social Security Act (42 U.S.C. 1397mm) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``during
the period of fiscal years 2009 through 2027''
and inserting ``, beginning with fiscal year
2009,'';
(B) in paragraph (2)--
(i) by striking ``10 percent of such
amounts'' and inserting ``10 percent of
such amounts for the period or the
fiscal year for which such amounts are
appropriated''; and
(ii) by striking ``during such
period'' and inserting ``, during such
period or such fiscal year,''; and
(C) in paragraph (3), by striking ``For the
period of fiscal years 2024 through 2027, an
amount equal to 10 percent of such amounts''
and inserting ``Beginning with fiscal year
2024, an amount equal to 10 percent of such
amounts for the period or the fiscal year for
which such amounts are appropriated''; and
(2) in subsection (g)--
(A) by striking ``2017,,'' and inserting
``2017,'';
(B) by striking ``and $48,000,000'' and
inserting ``$48,000,000''; and
(C) by inserting after ``through 2027'' the
following: ``, $60,000,000 for fiscal years
2028, 2029, and 2020, for each 3 fiscal years
after fiscal year 2030, the amount appropriated
under this subsection for the previous fiscal
year, increased by the percentage increase in
the consumer price index for all urban
consumers (all items; United States city
average) over such previous fiscal year''.
(e) Child Enrollment Contingency Fund.--Section 2104(n) of
the Social Security Act (42 U.S.C. 1397dd(n)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(ii)--
(i) by striking ``and 2024 through
2026'' and inserting ``beginning with
fiscal year 2024''; and
(ii) by striking ``2023, and 2027''
and inserting ``and 2023''; and
(B) in subparagraph (B)--
(i) by striking ``2024 through 2026''
and inserting ``beginning with fiscal
year 2024''; and
(ii) by striking ``2023, and 2027''
and inserting ``and 2023''; and
(2) in paragraph (3)(A)--
(A) by striking ``fiscal years 2024 through
2026'' and inserting ``fiscal year 2024 or any
subsequent fiscal year''; and
(B) by striking ``2023, or 2027'' and
inserting ``or 2023''.
SEC. 30803. STATE OPTION TO INCREASE CHILDREN'S ELIGIBILITY FOR
MEDICAID AND CHIP.
(a) In General.--Section 2110(b)(1)(B)(ii) of the Social
Security Act (42 U.S.C. 1397jj(b)(1)(B)(ii)) is amended--
(1) in subclause (II), by striking ``or'' at the end;
(2) in subclause (III), by striking ``and'' at the
end and inserting ``or''; and
(3) by inserting after subclause (III) the following
new subclause:
``(IV) at the option of the State,
whose family income exceeds the maximum
income level otherwise established for
children under the State child health
plan as of the date of the enactment of
this subclause; and''.
(b) Treatment of Territories.--Section 2104(m)(7) of the
Social Security Act (42 U.S.C. 1397dd(m)(7)) is amended--
(1) in the matter preceding subparagraph (A), by
striking ``the 50 States or the District of Columbia''
and inserting ``a State (including the District of
Columbia and each commonwealth and territory)'';
(2) in subparagraph (B)(ii), by striking ``or
District''; and
(3) in the matter following subparagraph (B), by
striking each place it occurs ``or District''.
SEC. 30804. EXTENDING CONTINUOUS CHIP COVERAGE FOR PREGNANT AND
POSTPARTUM WOMEN.
(a) Requiring Full Benefits for Pregnant and Postpartum Women
for 12-month Period Post Pregnancy.--
(1) In general.--Section 2107(e)(1)(J) of the Social
Security Act (42 U.S.C. 1397gg(e)(1)(J)) is amended--
(A) by striking ``Paragraphs (5) and (16)''
and inserting ``(i) For any fiscal year quarter
with respect to which the amendments made by
section 30804(a)(1)(B) of the Act titled `An
Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14' do not apply
(beginning with the first fiscal year quarter
beginning one year after the date of the
enactment of such Act), paragraphs (5)(A) and
(16)''; and
(B) by adding at the end the following new
clause:
``(ii) For any fiscal year quarter (beginning
with the first fiscal year quarter beginning
one year after the date of the enactment of
this clause), section 1902(e)(5)(B) (requiring,
notwithstanding section 2103(e)(3)(C)(ii)(I) or
any other limitation under this title,
continuous coverage for pregnant and postpartum
individuals, including 12 months postpartum, of
medical assistance) if the State provides child
health assistance for targeted low-income
children who are pregnant or to targeted low-
income pregnant women, under the State child
health plan or waiver, including coverage of
all items or services provided to a targeted
low-income child or targeted low-income
pregnant woman (as applicable) under the State
child health plan or waiver).''.
(2) Conforming amendments.--Section 2112 of the
Social Security Act (42 U.S.C. 1397ll) is amended--
(A) in subsection (d)--
(i) in paragraph (1), by inserting
``and includes, through application of
section 1902(e)(5)(B) pursuant to
section 2107(e)(1)(J)(ii), continuous
coverage for pregnant and postpartum
individuals, including 12 months
postpartum of assistance'' before the
period at the end; and
(ii) in paragraph (2), by striking
``60-day period'' and all that follows
through ``ends'' and inserting ``12-
month period (or, for any fiscal year
quarter with respect to which the
amendments made by section
30804(a)(1)(B) of the Act titled `An
Act to provide for reconciliation
pursuant to title II of S. Con. Res.
14' do not apply (beginning with the
first fiscal year quarter beginning one
year after the date of the enactment of
such Act), 60-day period) (beginning on
the last day of her pregnancy) ends'';
and
(B) in subsection (f)(2), by striking ``60-
day period'' and inserting ``12-month period
(or, for any fiscal year quarter with respect
to which the amendments made by section
30804(a)(1)(B) of the Act titled `An Act to
provide for reconciliation pursuant to title II
of S. Con. Res. 14' do not apply (beginning
with the first fiscal year quarter beginning
one year after the date of the enactment of
such Act), 60-day period)''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the
amendments made by this section shall take effect on
the 1st day of the 1st fiscal year quarter that begins
one year after the date of the enactment of this Act
and shall apply with respect to child health assistance
and pregnancy-related assistance, as applicable,
provided on or after such date.
(2) Exception for state legislation.--In the case of
a State child health plan under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.) that the
Secretary of Health and Human Services determines
requires State legislation in order for the plan to
meet any requirement imposed by amendments made under
this section, the plan shall not be regarded as failing
to comply with the requirements of such title solely on
the basis of its failure to meet such a requirement
before the first day of the first calendar quarter
beginning after the close of the first regular session
of the State legislature that begins after the date of
the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be
considered to be a separate regular session of the
State legislature.
SEC. 30805. PROVIDING FOR 1 YEAR OF CONTINUOUS ELIGIBILITY FOR CHILDREN
UNDER THE CHILDREN'S HEALTH INSURANCE PROGRAM.
Section 2107(e)(1) of the Social Security Act (42 U.S.C.
1397gg(e)(1)) is amended--
(1) by redesignating subparagraphs (K) through (T) as
subparagraphs (L) through (U), respectively; and
(2) by inserting after subparagraph (J) the following
new subparagraph:
``(K) Section 1902(e)(17) (relating to 1 year
of continuous eligibility for children).''.
Subtitle I--Medicare Coverage of Dental, Hearing, and Vision Services
SEC. 30901. PROVIDING COVERAGE FOR DENTAL AND ORAL HEALTH CARE UNDER
THE MEDICARE PROGRAM.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act
(42 U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (GG), by striking ``and'' after
the semicolon at the end;
(2) in subparagraph (HH), by striking the period at
the end and adding ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(II) dental and oral health services (as defined in
subsection (lll));''.
(b) Dental and Oral Health Services Defined.--Section 1861 of
the Social Security Act (42 U.S.C. 1395x) is amended by adding
at the end the following new subsection:
``(lll) Dental and Oral Health Services.--
``(1) In general.--The term `dental and oral health
services' means items and services (other than such
items and services for which payment may be made under
part A as inpatient hospital services) that are
furnished during 2028 or a subsequent year, for which
coverage was not provided under part B as of the date
of the enactment of this subsection, and that are--
``(A) the preventive and screening services
described in paragraph (2) furnished by a
doctor of dental surgery or of dental medicine
(as described in subsection (r)(2)) or an oral
health professional (as defined in paragraph
(4)); or
``(B) the basic treatments specified for such
year by the Secretary pursuant to paragraph
(3)(A) and the major treatments specified for
such year by the Secretary pursuant to
paragraph (3)(B) furnished by such a doctor or
such a professional.
``(2) Preventive and screening services.--The
preventive and screening services described in this
paragraph are the following:
``(A) Oral exams.
``(B) Dental cleanings.
``(C) Dental x-rays performed in the office
of a doctor or professional described in
paragraph (1)(A).
``(D) Fluoride treatments.
``(3) Basic and major treatments.--For 2028 and each
subsequent year, the Secretary shall specify--
``(A) basic treatments (which may include
basic tooth restorations, basic periodontal
services, tooth extractions, and oral disease
management services); and
``(B) major treatments (which may include
major tooth restorations, major periodontal
services, bridges, crowns, and root canals);
that shall be included as dental and oral health
services for such year.
``(4) Oral health professional.--The term `oral
health professional' means, with respect to dental and
oral health services, a health professional (other than
a doctor of dental surgery or of dental medicine (as
described in subsection (r)(2))) who is licensed to
furnish such services, acting within the scope of such
license, by the State in which such services are
furnished.''.
(c) Payment; Coinsurance; and Limitations.--
(1) In general.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)), as amended by
section 30511(b), is further amended--
(A) in subparagraph (N), by inserting ``and
dental and oral health services (as defined in
section 1861(lll))'' after ``section
1861(hhh)(1))'';
(B) by striking ``and'' before ``(EE)''; and
(C) by inserting before the semicolon at the
end the following: ``and (FF) with respect to
dental and oral health services (as defined in
section 1861(lll)), the amount paid shall be
the payment amount specified under section
1834(z)''.
(2) Payment and limits specified.--Section 1834 of
the Social Security Act (42 U.S.C. 1395m) is amended by
adding at the end the following new subsection:
``(z) Payment and Limits for Dental and Oral Health
Services.--
``(1) In general.--The payment amount under this part
for dental and oral health services (as defined in
section 1861(lll)) shall be, subject to paragraph (3),
the applicable percent (specified in paragraph (2)) of
the lesser of--
``(A) the actual charge for the service; or
``(B) the amount determined under the payment
basis determined under section 1848 for the
service, or, in lieu of such amount, if
determined appropriate by the Secretary, an
amount specified by the Secretary for such
service under a fee schedule determined
appropriate by the Secretary, taking into
account fee schedules for such services--
``(i) under the TRICARE program under
chapter 55 of title 10 of the United
States Code;
``(ii) under the health insurance
program under chapter 89 of title 5 of
such Code;
``(iii) under State plans (or waivers
of such plans) under title XIX;
``(iv) under Medicare Advantage plans
under part C;
``(v) established by the Secretary of
Veterans Affairs; and
``(vi) established by other health
care payers.
``(2) Applicable percent.--For purposes of paragraph
(1), the applicable percent specified in this paragraph
is, with respect to dental and oral health services (as
defined in section 1861(lll)) furnished in a year--
``(A) that are preventive and screening
services described in paragraph (2) or basic
treatments specified for such year pursuant to
paragraph (3)(A) of such section, 80 percent;
and
``(B) that are major treatments specified for
such year pursuant to paragraph (3)(B) of such
section--
``(i) in the case such services are
furnished during 2028, 10 percent;
``(ii) in the case such services are
furnished during 2029 or a subsequent
year before 2032, the applicable
percent specified under this
subparagraph for the previous year,
increased by 10 percentage points; and
``(iii) in the case such services are
furnished during 2032 or a subsequent
year, 50 percent.
``(3) Limitations.--With respect to dental and oral
health services that are--
``(A) preventive and screening oral exams,
payment may be made under this part for not
more than two such exams during a 12-month
period;
``(B) dental cleanings, payment may be made
under this part for not more than two such
cleanings during a 12-month period; and
``(C) not described in subparagraph (A) or
(B), payment may be made under this part only
at such frequencies and under such
circumstances determined appropriate by the
Secretary.
``(4) Use of bundled payments.--The Secretary may
make payment for dentures and associated professional
services, and for any other dental and oral health
services, as bundled payments as the Secretary
determines appropriate.
``(5) Limitation on judicial review.--There shall be
no administrative or judicial review under section 1869
or otherwise of--
``(A) the determination of payment amounts
under this subsection for dental and oral
health services and under subsection (h)(6) or
subsection (z)(4) for dentures;
``(B) the determination of what services are
basic and major services under subparagraphs
(A) and (B) of section 1861(lll)(3); or
``(C) the determination of the frequency and
circumstance limitations for dental and oral
health services under paragraph (3)(C).''.
(d) Payment Under Physician Fee Schedule.--
(1) In general.--Section 1848(j)(3) of the Social
Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by
inserting ``(2)(II),'' before ``(3)''.
(2) Exclusion from mips.--Section 1848(q)(1)(C)(ii)
of the Social Security Act (42 U.S.C. 1395w-
4(q)(1)(C)(ii)) is amended--
(A) in subclause (II), by striking ``or'' at
the end;
(B) in subclause (III), by striking the
period at the end and inserting ``; or''; and
(C) by adding at the end the following new
subclause:
``(IV) with respect to 2028
and each subsequent year, is a
doctor of dental surgery or of
dental medicine (as described
in section 1861(r)(2)) or is an
oral health professional (as
defined in section
1861(lll)(4)).''.
(3) Inclusion of oral health professionals as certain
practitioners.--Section 1842(b)(18)(C) of the Social
Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by
adding at the end the following new clause:
``(vii) With respect to 2028 and each subsequent
year, an oral health professional (as defined in
section 1861(lll)(4)).''.
(e) Dentures.--
(1) In general.--Section 1861(s)(8) of the Social
Security Act (42 U.S.C. 1395x(s)(8)) is amended--
(A) by striking ``(other than dental)''; and
(B) by inserting ``and excluding dental,
except for a full or partial set of dentures
(as described in section 1834(h)(6)) furnished
on or after January 1, 2028'' after ``colostomy
care''.
(2) Special payment rules.--
(A) Limitations.--Section 1834(h) of the
Social Security Act (42 U.S.C. 1395m(h)) is
amended by adding at the end the following new
paragraph:
``(6) Special payment rule for dentures.--Payment may
be made under this part with respect to an individual
for dentures--
``(A) not more than once during any 5-year
period (except in the case that a doctor
described in section 1861(lll)(1)(A) determines
such dentures do not fit the individual); and
``(B) only to the extent that such dentures
are furnished pursuant to a written order of
such a doctor or professional.''.
(B) Application of competitive acquisition.--
(i) In general.--Section
1834(h)(1)(H) of the Social Security
Act (42 U.S.C. 1395m(h)(1)(H)) is
amended--
(I) in the subparagraph
heading, by inserting ``,
dentures'' after ``orthotics'';
(II) by inserting ``, of
dentures described in paragraph
(2)(D) of such section,'' after
``2011,''; and
(III) in clause (i), by
inserting ``, such dentures''
after ``orthotics''.
(ii) Conforming amendment.--Section
1847(a)(2) of the Social Security Act
(42 U.S.C. 1395w-3(a)(2)) is amended by
adding at the end the following new
subparagraph:
``(D) Dentures.--Dentures described in
section 1861(s)(8) for which payment would
otherwise be made under section 1834(h).''.
(iii) Exemption of certain items from
competitive acquisition.--Section
1847(a)(7) of the Social Security Act
(42 U.S.C. 1395w-3(a)(7)) is amended by
adding at the end the following new
subparagraph:
``(C) Certain dentures.--Those items and
services described in paragraph (2)(D) if
furnished by a physician or other practitioner
(as defined by the Secretary) to the
physician's or practitioner's own patients as
part of the physician's or practitioner's
professional service.''.
(f) Exclusion Modifications.--Section 1862(a) of the Social
Security Act (42 U.S.C. 1395y(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (O), by striking ``and''
at the end;
(B) in subparagraph (P), by striking the
semicolon at the end and inserting ``, and'';
and
(C) by adding at the end the following new
subparagraph:
``(Q) in the case of dental and oral health services
(as defined in section 1861(lll)) that are preventive
and screening services described in paragraph (2) of
such section, which are furnished more frequently than
provided under section 1834(z)(3) or under
circumstances other than circumstances determined
appropriate under subparagraph (C) of such section;'';
and
(2) in paragraph (12), by inserting before the
semicolon at the end the following: ``and except that
payment may be made under part B for dental and oral
health services that are covered under section
1861(s)(2)(II) and for dentures under section
1861(s)(8)''.
(g) Certain Non-application.--
(1) In general.--Paragraphs (1) and (4) of section
1839(a) of the Social Security Act (42 U.S.C. 1395r(a))
are amended by adding at the end of each such
paragraphs the following: ``In applying this paragraph
there shall not be taken into account benefits and
administrative costs attributable to the amendments
made by section 30901 (other than subsection (g)) of
the Act titled `An Act to provide for reconciliation
pursuant to title II of S. Con. Res. 14' and the
Government contribution under section 1844(a)(5)''.
(2) Payment.--Section 1844(a) of such Act (42 U.S.C.
1395w(a)) is amended--
(A) in paragraph (4), by striking the period
at the end and inserting ``; plus'';
(B) by adding at the end the following new
paragraph:
``(5) a Government contribution equal to the amount
that is estimated to be payable for benefits and
related administrative costs incurred that are
attributable to the amendments made by section 30901
(other than subsection (g)) of the Act titled `An Act
to provide for reconciliation pursuant to title II of
S. Con. Res. 14' .''; and
(C) in the flush matter at the end, by
striking ``paragraph (4)'' and inserting
``paragraphs (4) and (5)''.
(h) Implementation.--
(1) Funding.--
(A) In general.--In addition to amounts
otherwise available, the Secretary of Health
and Human Services (in this subsection referred
to as the ``Secretary'') shall provide for the
transfer from the Federal Supplementary Medical
Insurance Trust Fund under section 1841 of the
Social Security Act (42 U.S.C. 1395t) to the
Centers for Medicare & Medicaid Services
Program Management Account of--
(i) $20,000,000 for each of fiscal
years 2022 through 2028 for purposes of
implementing the amendments made by
this section; and
(ii) such sums as determined
appropriate by the Secretary for each
subsequent fiscal year for purposes of
administering the provisions of such
amendments.
(B) Availability and additional use of
funds.--Funds transferred pursuant to
subparagraph (A) shall remain available until
expended and may be used, in addition to the
purpose specified in subparagraph (A)(i), to
implement the amendments made by sections 30902
and 30903.
(2) Administration.--The Secretary may implement, by
program instruction or otherwise, any of the provisions
of, or amendments made by, this section.
(3) Paperwork reduction act.--Chapter 35 of title 44,
United States Code, shall not apply to the provisions
of, or the amendments made by, this section.
SEC. 30902. PROVIDING COVERAGE FOR HEARING CARE UNDER THE MEDICARE
PROGRAM.
(a) Provision of Aural Rehabilitation and Treatment Services
by Qualified Audiologists.--Section 1861(ll)(3) of the Social
Security Act (42 U.S.C. 1395x(ll)(3)) is amended by inserting
``(and, beginning October 1, 2023, such aural rehabilitation
and treatment services)'' after ``assessment services''.
(b) Coverage of Hearing Aids.--
(1) Inclusion of hearing aids as prosthetic
devices.--Section 1861(s)(8) of the Social Security Act
(42 U.S.C. 1395x(s)(8)) is amended by inserting ``, and
including hearing aids (as described in section
1834(h)(7)) furnished on or after October 1, 2023, to
individuals diagnosed with profound or severe hearing
loss'' before the semicolon at the end.
(2) Payment limitations for hearing aids.--Section
1834(h) of the Social Security Act (42 U.S.C.
1395m(h)), as amended by section 30901(e)(2)(A), is
further amended by adding at the end the following new
paragraph:
``(7) Limitations for hearing aids.--
``(A) In general.--Payment may be made under
this part with respect to an individual, with
respect to hearing aids furnished on or after
October 1, 2023--
``(i) not more than once during a 5-
year period;
``(ii) only for types of such hearing
aids that are not over-the-counter
hearing aids (as defined in section
520(q)(1) of the Federal Food, Drug,
and Cosmetic Act) and that are
determined appropriate by the
Secretary; and
``(iii) only if furnished pursuant to
a written order of a physician or
qualified audiologist (as defined in
section 1861(ll)(4)(B)).
``(B) Limitation on judicial review.--There
shall be no administrative or judicial review
under section 1869 or otherwise of--
``(i) the determination of the types
of hearing aids paid for under
subparagraph (A)(ii); or
``(ii) the determination of fee
schedule rates for hearing aids
described in this paragraph.''.
(3) Application of competitive acquisition.--
(A) In general.--Section 1834(h)(1)(H) of the
Social Security Act (42 U.S.C. 1395m(h)(1)(H)),
as amended by section 30901(e)(2)(B)(i), is
further amended--
(i) in the header, by inserting ``,
hearing aids'' after ``dentures'';
(ii) by inserting ``, of hearing aids
described in paragraph (2)(E) of such
section,'' after ``paragraph (2)(D) of
such section''; and
(iii) in clause (i), by inserting ``,
such hearing aids'' after ``such
dentures''.
(B) Conforming amendment.--
(i) In general.--Section 1847(a)(2)
of the Social Security Act (42 U.S.C.
1395w-3(a)(2)), as amended by section
30901(e)(2)(B)(ii), is further amended
by adding at the end the following new
subparagraph:
``(E) Hearing aids.--Hearing aids described
in section 1861(s)(8) for which payment would
otherwise be made under section 1834(h).''.
(ii) Exemption of certain items from
competitive acquisition.--Section
1847(a)(7) of the Social Security Act
(42 U.S.C. 1395w-3(a)(7)), as amended
by section 30901(e)(2)(B)(iii), is
further amended by adding at the end
the following new subparagraph:
``(D) Certain hearing aids.--Those items and
services described in paragraph (2)(E) if
furnished by a physician or other practitioner
(as defined by the Secretary) to the
physician's or practitioner's own patients as
part of the physician's or practitioner's
professional service.''.
(4) Inclusion of audiologists as certain
practitioners to receive payment on an assignment-
related basis.--Section 1842(b)(18)(C) of the Social
Security Act (42 U.S.C. 1395u(b)(18)(C)), as amended by
section 30901(d)(4), is further amended by adding at
the end the following new clause:
``(viii) Beginning October 1, 2023, a
qualified audiologist (as defined in
section 1861(ll)(4)(B)).''.
(c) Exclusion Modification.--Section 1862(a)(7) of the Social
Security Act (42 U.S.C. 1395y(a)(7)) is amended by inserting
``(except such hearing aids or examinations therefor as
described in and otherwise allowed under section 1861(s)(8))''
after ``hearing aids or examinations therefor''.
(d) Certain Non-application.--
(1) In general.--The last sentence of section
1839(a)(1) of the Social Security Act (42 U.S.C.
1395r(a)(1)), as added by section 30901(g)(1), is
amended by striking ``section 30901 (other than
subsection (g))'' and inserting ``sections 30901 (other
than subsection (g)), 30902 (other than subsection
(d))''.
(2) Payment.--Paragraph (4) of section 1844(a) of
such Act (42 U.S.C. 1395w(a)), as added by section
30901(g)(2), is amended by striking ``section 30901
(other than subsection (g))'' and inserting ``sections
30901 (other than subsection (g)), 30902 (other than
subsection (d))''.
(e) Implementation.--
(1) Funding.--
(A) In general.--In addition to amounts
otherwise available, the Secretary of Health
and Human Services (in this subsection referred
to as the ``Secretary'') shall provide for the
transfer from the Federal Supplementary Medical
Insurance Trust Fund under section 1841 of the
Social Security Act (42 U.S.C. 1395t) to the
Centers for Medicare & Medicaid Services
Program Management Account of--
(i) $20,000,000 for each of fiscal
years 2022 through 2023 for purposes of
implementing the amendments made by
this section; and
(ii) such sums as determined
appropriate by the Secretary for each
subsequent fiscal year for purposes of
administering the provisions of such
amendments.
(B) Availability and additional use of
funds.--Funds transferred pursuant to
subparagraph (A) shall remain available until
expended and may be used, in addition to the
purpose specified in subparagraph (A)(i), to
implement the amendments made by sections 30901
and 30903.
(2) Administration.--The Secretary may implement, by
program instruction or otherwise, any of the provisions
of, or amendments made by, this section.
(3) Paperwork reduction act.--Chapter 35 of title 44,
United States Code, shall not apply to the provisions
of, or the amendments made by, this section.
SEC. 30903. PROVIDING COVERAGE FOR VISION CARE UNDER THE MEDICARE
PROGRAM.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act
(42 U.S.C. 1395x(s)(2)), as amended by section 30901(a), is
further amended--
(1) in subparagraph (HH), by striking ``and'' after
the semicolon at the end;
(2) in subparagraph (II), by striking the period at
the end and adding ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(JJ) vision services (as defined in subsection
(mmm));''.
(b) Vision Services Defined.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x), as amended by section 30901(b),
is further amended by adding at the end the following new
subsection:
``(mmm) Vision Services.--The term `vision services' means--
``(1) routine eye examinations to determine the
refractive state of the eyes, including procedures
performed during the course of such examination; and
``(2) contact lens fitting services;
furnished on or after October 1, 2022, by or under the direct
supervision of an ophthalmologist or optometrist who is legally
authorized to furnish such examinations, procedures, or fitting
services (as applicable) under State law (or the State
regulatory mechanism provided by State law) of the State in
which the examinations, procedures, or fitting services are
furnished.''.
(c) Payment Limitations.--Section 1834 of the Social Security
Act (42 U.S.C. 1395m), as amended by section 30901(c)(2), is
further amended by adding at the end the following new
subsection:
``(aa) Limitation for Vision Services.--With respect to
vision services (as defined in section 1861(mmm)) and an
individual, payment may be made under this part for only 1
routine eye examination described in paragraph (1) of such
section and 1 contact lens fitting service described in
paragraph (2) of such section during a 2-year period.''.
(d) Payment Under Physician Fee Schedule.--Section 1848(j)(3)
of the Social Security Act (42 U.S.C. 1395w-4(j)(3)), as
amended by section 30901(d)(1), is further amended by inserting
``(2)(JJ),'' before ``(3)''.
(e) Coverage of Conventional Eyeglasses and Contact Lenses.--
(1) In general.--Section 1861(s)(8) of the Social
Security Act (42 U.S.C. 1395x(s)(8)), as amended by
section 30902(b)(1), is further amended by striking ``,
and including one pair of conventional eyeglasses or
contact lenses furnished subsequent to each cataract
surgery with insertion of an intraocular lens'' and
inserting ``, including one pair of conventional
eyeglasses or contact lenses furnished subsequent to
each cataract surgery with insertion of an intraocular
lens, if furnished before October 1, 2022, and
including conventional eyeglasses or contact lenses (as
described in section 1834(h)(8)), whether or not
furnished subsequent to such a surgery, if furnished on
or after October 1, 2022''.
(2) Conforming amendment.--Section 1842(b)(11)(A) of
the Social Security Act (42 U.S.C. 1395u(b)(11)(A)) is
amended by inserting ``furnished prior to October 1,
2022,'' after ``relating to them,''.
(f) Special Payment Rules for Eyeglasses and Contact
Lenses.--
(1) Limitations.--Section 1834(h) of the Social
Security Act (42 U.S.C. 1395m(h)), as amended by
section 30901(e)(2)(A) and section 30902(b)(2), is
further amended by adding at the end the following new
paragraph:
``(8) Payment limitations for eyeglasses and contact
lenses.--
``(A) In general.--With respect to eyeglasses
and contact lenses furnished to an individual
on or after October 1, 2022, subject to
subparagraph (B), payment may be made under
this part only--
``(i) during a 2-year period, for
either 1 pair of eyeglasses (including
lenses and frames) or not more than a
2-year supply of contact lenses;
``(ii) with respect to amounts
attributable to the lenses and frames
of such a pair of eyeglasses or amounts
attributable to such a 2-year supply of
contact lenses, in an amount not
greater than--
``(I) for a pair of
eyeglasses furnished in, or a
2-year supply of contact lenses
beginning in, 2022--
``(aa) $85 for the
lenses of such pair of
eyeglasses and $85 for
the frames of such pair
of eyeglasses; or
``(bb) $85 for such
2-year supply of
contact lenses; and
``(II) for the lenses and
frames of a pair of eyeglasses
furnished in, or a 2-year
supply of contact lenses
beginning in, a subsequent
year, the dollar amounts
specified under this
subparagraph for the previous
year, increased by the
percentage change in the
consumer price index for all
urban consumers (United States
city average) for the 12-month
period ending with June of the
previous year;
``(iii) if furnished pursuant to a
written order of an ophthalmologist or
optometrist described in subsection
(mmm); and
``(iv) if during the 2-year period
described in clause (i), the individual
did not already receive (as described
in subparagraph (B)) one pair of
conventional eyeglasses or contact
lenses subsequent to a cataract surgery
with insertion of an intraocular lens
furnished during such period.
``(B) Exception.--With respect to a 2-year
period described in subparagraph (A)(i), in the
case of an individual who receives cataract
surgery with insertion of an intraocular lens,
notwithstanding subparagraph (A), payment may
be made under this part for one pair of
conventional eyeglasses or contact lenses
furnished subsequent to such cataract surgery
during such period.
``(C) Limitation on judicial review.--There
shall be no administrative or judicial review
under section 1869 or otherwise of--
``(i) the determination of the types
of eyeglasses and contact lenses
covered under this paragraph; or
``(ii) the determination of fee
schedule rates under this subsection
for eyeglasses and contact lenses.''.
(2) Application of competitive acquisition.--
(A) In general.--Section 1834(h)(1)(H) of the
Social Security Act (42 U.S.C. 1395m(h)(1)(H)),
as amended by section 30901(e)(2)(B)(i) and
section 30902(b)(3)(A), is further amended--
(i) in the header by inserting ``,
eyeglasses, and contact lenses'' after
``hearing aids'';
(ii) by inserting ``and of eyeglasses
and contact lenses described in
paragraph (2)(F) of such section,''
after ``paragraph (2)(E) of such
section,''; and
(iii) in clause (i), by inserting ``,
or such eyeglasses and contact lenses''
after ``such hearing aids''.
(B) Conforming amendment.--
(i) In general.--Section 1847(a)(2)
of the Social Security Act (42 U.S.C.
1395w-3(a)(2)), as amended by section
30901(e)(2)(B)(ii) and section
30902(b)(3)(B)(i), is further amended
by adding at the end the following new
subparagraph:
``(F) Eyeglasses and contact lenses.--
Eyeglasses and contact lenses described in
section 1861(s)(8) for which payment would
otherwise be made under section 1834(h).''.
(ii) Exemption of certain items from
competitive acquisition.--Section
1847(a)(7) of the Social Security Act
(42 U.S.C. 1395w-3(a)(7)), as amended
by section 30901(e)(2)(B)(iii) and
section 30902(b)(3)(B)(ii), is further
amended by adding at the end the
following new subparagraph:
``(E) Certain eyeglasses and contact
lenses.--Those items and services described in
paragraph (2)(F) if furnished by a physician or
other practitioner (as defined by the
Secretary) to the physician's or practitioner's
own patients as part of the physician's or
practitioner's professional service.''.
(g) Exclusion Modifications.--Section 1862(a) of the Social
Security Act (42 U.S.C. 1395y(a)), as amended by section
30901(f), is further amended--
(1) in paragraph (1)--
(A) in subparagraph (P), by striking ``and''
at the end;
(B) in subparagraph (Q), by striking the
semicolon at the end and inserting ``, and'';
and
(C) by adding at the end the following new
subparagraph:
``(R) in the case of vision services (as defined in
section 1861(mmm)) that are routine eye examinations
and contact lens fitting services (as described in
paragraph (1) or (2), respectively, of such section),
which are furnished more frequently than once during a
2-year period;''; and
(2) in paragraph (7)--
(A) by inserting ``(other than such an
examination that is a vision service that is
covered under section 1861(s)(2)(JJ))'' after
``eye examinations''; and
(B) by inserting ``(other than such a
procedure that is a vision service that is
covered under section 1861(s)(2)(JJ))'' after
``refractive state of the eyes''.
(h) Certain Non-application.--
(1) In general.--The last sentence of section
1839(a)(1) of the Social Security Act (42 U.S.C.
1395r(a)(1)), as added by section 30901(g)(1) and
amended by section 30902(d)(1), is further amended by
inserting ``, and 30903 (other than subsection (h))''
after ``30902 (other than subsection (d))''.
(2) Payment.--Paragraph (4) of section 1844(a) of
such Act (42 U.S.C. 1395w(a)), as added by section
30901(g)(2) and amended by section 30902(d)(2), is
further amended by inserting ``, and 30903 (other than
subsection (h))'' after ``30902 (other than subsection
(d))''.
(i) Implementation.--
(1) Funding.--
(A) In general.--In addition to amounts
otherwise available, the Secretary of Health
and Human Services (in this subsection referred
to as the ``Secretary'') shall provide for the
transfer from the Federal Supplementary Medical
Insurance Trust Fund under section 1841 of the
Social Security Act (42 U.S.C. 1395t) to the
Centers for Medicare & Medicaid Services
Program Management Account of--
(i) $20,000,000 for each of fiscal
years 2022 and 2023 for purposes of
implementing the amendments made by
this section; and
(ii) such sums as determined
appropriate by the Secretary for each
subsequent fiscal year for purposes of
administering the provisions of such
amendments.
(B) Availability and additional use of
funds.--Funds transferred pursuant to
subparagraph (A) shall remain available until
expended and may be used, in addition to the
purpose specified in subparagraph (A)(i), to
implement the amendments made by sections 30901
and 30902.
(2) Administration.--The Secretary may implement, by
program instruction or otherwise, any of the provisions
of, or amendments made by, this section.
(3) Paperwork reduction act.--Chapter 35 of title 44,
United States Code, shall not apply to the provisions
of, or the amendments made by, this section.
Subtitle J--Public Health
PART 1--HEALTH CARE INFRASTRUCTURE AND WORKFORCE
SEC. 31001. FUNDING TO SUPPORT CORE PUBLIC HEALTH INFRASTRUCTURE FOR
STATE, TERRITORIAL, LOCAL, AND TRIBAL HEALTH
DEPARTMENTS AT THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Health and Human
Services (in this subtitle referred to as the ``Secretary'')
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $7,000,000,000, to remain available
until expended, to carry out, acting through the Director of
the Centers for Disease Control and Prevention (in this section
referred to as the ``Director''), activities described in
subsection (b).
(b) Use of Funds.--Amounts made available pursuant to
subsection (a) shall be used to support core public health
infrastructure activities to strengthen the public health
system of the United States, including by awarding grants under
this section and expanding and improving activities of the
Centers for Disease Control and Prevention under subsections
(c) and (d).
(c) Grants.--
(1) Awards.--For the purpose of addressing core
public health infrastructure needs, the Secretary shall
award--
(A) a grant to each State or territorial
health department, and to local health
departments that serve counties with a
population of at least 2,000,000 or cities with
a population of at least 400,000 people; and
(B) grants on a competitive basis to State,
territorial, local, or Tribal health
departments.
(2) Allocation.--Of the total amount of funds awarded
as grants under this subsection for a fiscal year--
(A) not less than 50 percent shall be for
grants to health departments under paragraph
(1)(A); and
(B) not less than 25 percent shall be for
grants to State, local, territorial, or Tribal
health departments under paragraph (1)(B).
(3) Required uses.--
(A) Reallocation to local health
departments.--A State health department
receiving funds under subparagraph (A) or (B)
of paragraph (1) shall allocate at least 25
percent of the such funds to local health
departments, as applicable, within the State to
support contributions of the local health
departments to core public health
infrastructure.
(B) Progress in meeting accreditation
standards.--A health department receiving funds
under this section that is not accredited shall
report to the Secretary on an annual basis how
the department is working to meet accreditation
standards.
(4) Formula grants to health departments.--In
awarding grants under paragraph (1), the Secretary
shall award funds to each health department in
accordance with a formula which considers population
size, the Social Vulnerability Index of the Centers for
Disease Control and Prevention, and other factors as
determined by the Secretary.
(5) Competitive grants to state, territorial, local,
and tribal health departments.--In making grants under
paragraph (1)(B), the Secretary shall give priority to
applicants demonstrating core public health
infrastructure needs for all public health agencies in
the applicant's jurisdiction.
(6) Permitted uses.--
(A) In general.--The Secretary may make
available a subset of the funds available for
grants under paragraph (1) for purposes of
awarding grants to State, territorial, local,
and Tribal health departments for planning or
to support public health accreditation.
(B) Uses.--Recipients of such grants may use
the grant funds to assess core public health
infrastructure needs and report to the Centers
for Disease Control and Prevention on efforts
to achieve accreditation, as applicable.
(7) Requirements.--To be eligible for a grant under
this section, an entity shall--
(A) submit an application in such form and
containing such information as the Secretary
shall require;
(B) demonstrate to the satisfaction of the
Secretary that--
(i) funds received through the grant
will be expended only to supplement,
and not supplant, non-Federal and
Federal funds otherwise available to
the entity for the purpose of
addressing core public health
infrastructure needs; and
(ii) with respect to activities for
which the grant is awarded, the entity
will maintain expenditures of non-
Federal amounts for such activities at
a level not less than the level of such
expenditures maintained by the entity
for fiscal year 2019; and
(C) agree to report annually to the Director
regarding the use of the grant funds.
(d) Core Public Health Infrastructure and Activities for the
CDC.--
(1) In general.--The Secretary, acting through the
Director, shall expand and improve the core public
health infrastructure and activities of the Centers for
Disease Control and Prevention to support activities
necessary to address unmet, ongoing, and emerging
public health needs, including prevention, preparation
for, and response to public health emergencies.
(2) Limitation.--Out of amounts appropriated under
subsection (a) to carry out this section for a fiscal
year, not more than 25 percent of the funds awarded per
fiscal year may be used by the Centers for Disease
Control and Prevention to carry out this subsection.
(e) Definition.--In this section, the term ``core public
health infrastructure'' includes--
(1) workforce capacity and competency;
(2) laboratory systems;
(3) all hazards public health and preparedness;
(3) testing capacity, including test platforms,
mobile testing units, and personnel;
(4) health information, health information systems,
and health information analysis;
(5) disease surveillance;
(6) contact tracing;
(7) communications;
(8) financing;
(9) other relevant components of organizational
capacity; and
(10) other related activities.
(f) Supplement Not Supplant.--Amounts made available by this
section shall be used to supplement, and not supplant, amounts
otherwise made available for the purposes described in this
Act.
SEC. 31002. FUNDING FOR HOSPITAL INFRASTRUCTURE.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$10,000,000,000, to remain available until expended, to carry
out subsection (b) consistent with enhancing the goals of parts
B and C of title XVI of the Public Health Service Act (42
U.S.C. 300q et seq.).
(b) Use of Funds.--From amounts made available under
subsection (a), the Secretary shall, with priority given to
applicants whose projects will include, by design, public
health emergency preparedness, natural disaster emergency
preparedness, or cybersecurity against cyber threats, award
grants to entities described in section 1610(a) of the Public
Health Service Act (42 U.S.C. 300r(a)) for purposes of
increasing capacity and updating hospitals and other medical
facilities in order to better serve communities in need.
(c) Conditions.--The following requirements of parts B and C
of title XVI of the Public Health Service Act (42 U.S.C. 300r
et seq.) shall apply to funds made available under this
section:
(1) The requirements related to reasonable volume of
care described under section 1621(b)(1)(K)(ii) of such
Act (42 U.S.C. 300s-1(b)(1)(K)(ii)).
(2) Section 1621(b)(1)(I) of such Act (42 U.S.C.
300s-1(b)(1)(I)).
(3) Any other provision of such parts that the
Secretary determines (as prescribed by regulation) to
be appropriate to carry out this section.
SEC. 31003. FUNDING FOR COMMUNITY HEALTH CENTER CAPITAL GRANTS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$10,000,000,000, to remain available until expended, for
necessary expenses for awarding grants and entering into
cooperative agreements for capital projects to health centers
funded under section 330 of the Public Health Service Act (42
U.S.C. 254b) to be awarded without regard to the time
limitation in subsection (e)(3) and subsections (e)(6)(A)(iii),
(e)(6)(B)(iii), and (r)(2)(B) of such section 330, and for
necessary expenses for awarding grants and cooperative
agreements for capital projects to Federally qualified health
centers, as described in section 1861(aa)(4)(B) of the Social
Security Act (42 U.S.C. 1395x(aa)(4)(B)). The Secretary shall
take such steps as may be necessary to expedite the awarding of
such grants to Federally qualified health centers for capital
projects.
(b) Use of Funds.--Amounts made available to a recipient of a
grant or cooperative agreement pursuant to subsection (a) shall
be used for health center facility alteration, renovation,
remodeling, expansion, construction, and other capital
improvement costs, including the costs of amortizing the
principal of, and paying interest on, loans for such purposes.
SEC. 31004. FUNDING FOR COMMUNITY-BASED CARE INFRASTRUCTURE.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$500,000,000, to remain available until expended, for purposes
of making awards to qualified teaching health centers (as
defined in section 340H of the Public Health Service Act (42
U.S.C. 256h)), behavioral health care centers (as defined by
the Secretary to include both substance abuse and mental health
care facilities), and pediatric mental health care providers
(as used in section 330M(b)(1)(G) of the Public Health Service
Act (42 U.S.C. 254c-19(b)(1)(G))).
(b) Use of Funds.--Amounts made available pursuant to
subsection (a) shall be used to support the improvement,
renovation, or modernization of infrastructure at such centers,
including to respond to public health emergencies declared
under section 319 of the Public Health Service Act (42 U.S.C.
247d).
SEC. 31005. FUNDING FOR SCHOOLS OF MEDICINE IN UNDERSERVED AREAS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$1,000,000,000, to remain available until expended, for
purposes of making awards to eligible entities for the
establishment, improvement, or expansion of an allopathic or
osteopathic school of medicine, or a branch campus of an
allopathic or osteopathic school of medicine, consistent with
subsection (b).
(b) Use of Funds.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall, with priority given to minority-serving
institutions described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)), and taking into
consideration equitable distribution of awards among the
geographical regions of the United States (which shall include
rural regions and populations as defined by the Secretary for
the purposes of this section) and the locations of existing
schools of medicine and osteopathic medicine, use amounts
appropriated by subsection (a) to award grants to eligible
entities to--
(1) recruit, enroll, and retain students, including
individuals who are from disadvantaged backgrounds
(including racial and ethnic groups underrepresented
among medical students and health professions),
individuals from rural and underserved areas, low-
income individuals, and first generation college
students (as defined in section 402A(h)(3) of the
Higher Education Act of 1965 (20 U.S.C. 1070a-
11(h)(3))), at a school of medicine or osteopathic
medicine or branch campus of a school of medicine or
osteopathic medicine;
(2) develop, implement, and expand curriculum that
emphasizes care for rural and underserved populations,
including accessible and culturally appropriate and
linguistically appropriate care and services, at such
school or branch campus;
(3) plan and construct a school of medicine or
osteopathic medicine in an area in which no other such
school or branch campus of such a school is based;
(4) plan, develop, and meet criteria for
accreditation for a school of medicine or osteopathic
medicine or branch campus of such a school;
(5) hire faculty, including faculty from racial and
ethnic groups who are underrepresented among the
medical and other health professions, and other staff
to serve at such a school or branch campus;
(6) support educational programs at such a school or
branch campus, including modernizing curriculum;
(7) modernize and expand infrastructure at such a
school or branch campus; or
(8) support other activities that the Secretary
determines will further the establishment, improvement,
or expansion of a school of medicine or osteopathic
medicine or branch campus of a school of medicine or
osteopathic medicine.
(c) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
means an institution of higher education as defined in
section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Branch campus.--
(A) In general.--The term ``branch campus'',
with respect to a school of medicine or
osteopathic medicine, means an additional
location of such school that is geographically
apart and independent of the main campus, at
which the school offers at least 50 percent of
the program leading to a degree of doctor of
medicine or doctor of osteopathy that is
offered at the main campus.
(B) Independence from main campus.--For
purposes of subparagraph (A), the location of a
school described in such subparagraph shall be
considered to be independent of the main campus
described in such subparagraph if the
location--
(i) is permanent in nature;
(ii) offers courses in educational
programs leading to a degree,
certificate, or other recognized
educational credential;
(iii) has its own faculty and
administrative or supervisory
organization; and
(iv) has its own budgetary and hiring
authority.
SEC. 31006. FUNDING FOR NURSING EDUCATION ENHANCEMENT AND MODERNIZATION
GRANTS IN UNDERSERVED AREAS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$1,000,000,000, to remain available until expended, for
purposes of making awards to schools of nursing (as defined in
section 801 of the Public Health Service Act (42 U.S.C. 296))
to enhance and modernize nursing education programs and
increase the number of faculty and students at such schools.
(b) Use of Funds.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, taking into consideration equitable
distribution of awards among the geographical regions of the
United States and the capacity of a school of nursing to
provide care in underserved areas, shall use amounts
appropriated by subsection (a) to award grants for purposes
of--
(1) recruiting, enrolling, and retaining students at
such school, with a priority for students from
disadvantaged backgrounds (including racial or ethnic
groups underrepresented in the nursing workforce),
individuals from rural and underserved areas, low-
income individuals, and first generation college
students (as defined in section 402A(h)(3) of the
Higher Education Act of 1965 (20 U.S.C. 1070a-
11(h)(3)));
(2) creating, supporting, or modernizing educational
programs and curricula at such school;
(3) retaining current faculty, and hiring new
faculty, with an emphasis on faculty from racial or
ethnic groups that are underrepresented in the nursing
workforce;
(4) modernizing infrastructure at such school,
including audiovisual or other equipment, personal
protective equipment, simulation and augmented reality
resources, telehealth technologies, and virtual and
physical laboratories;
(5) partnering with a health care facility, nurse-
managed health clinic, community health center, or
other facility that provides health care, in order to
provide educational opportunities for the purpose of
establishing or expanding clinical education;
(6) enhancing and expanding nursing programs that
prepare nurse researchers and scientists;
(7) establishing nurse-led intradisciplinary and
interprofessional educational partnerships; or
(8) other activities that the Secretary determines
will further the development, improvement, and
expansion of schools of nursing.
SEC. 31007. FUNDING FOR TEACHING HEALTH CENTER GRADUATE MEDICAL
EDUCATION.
(a) In General.--In addition to amounts otherwise available,
and notwithstanding the limitations referred to in subsections
(b)(2) and (d)(2) of section 340H of the Public Health Service
Act (42 U.S.C. 256h), there is appropriated to the Secretary
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $6,000,000,000, to remain available
until expended, for--
(1) the program of payments to teaching health
centers that operate graduate medical education
programs under such section; and
(2) the award of teaching health center development
grants pursuant to section 749A of the Public Health
Service Act (42 U.S.C. 293l-1).
(b) Use of Funds.--Amounts made available pursuant to
subsection (a) shall be used for the following activities:
(1) For making payments to establish new approved
graduate medical residency training programs pursuant
to section 340H(a)(1)(C) of the Public Health Service
Act (42 U.S.C. 256h(a)(1)(C)).
(2) For making payments under section 340H(a)(1)(A)
of the Public Health Service Act (42 U.S.C.
256h(a)(1)(A))) to qualified teaching health centers
for maintenance of filled positions at existing
approved graduate medical residency training programs.
(3) For making payments under section 340H(a)(1)(B)
of the Public Health Service Act (42 U.S.C.
256h(a)(1)(B)) for the expansion of existing approved
graduate medical residency training programs.
(4) For making awards under section 749A of the
Public Health Service Act (42 U.S.C. 293l-1) to
teaching health centers for the purpose of establishing
new accredited or expanded primary care residency
programs.
(5) To provide an increase to the per resident amount
described in section 340H(a)(2) of the Public Health
Service Act (42 U.S.C. 256h(a)(2)).
SEC. 31008. FUNDING FOR CHILDREN'S HOSPITALS THAT OPERATE GRADUATE
MEDICAL EDUCATION PROGRAMS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $250,000,000,
to remain available until expended, for carrying out section
340E of the Public Health Service Act (42 U.S.C. 256e).
SEC. 31009. FUNDING FOR THE NURSE CORPS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $300,000,000,
to remain available until expended, for carrying out section
846 of the Public Health Service Act (42 U.S.C. 297n).
PART 2--PANDEMIC PREPAREDNESS
SEC. 31021. FUNDING FOR LABORATORY ACTIVITIES AT THE CENTERS FOR
DISEASE CONTROL AND PREVENTION.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$5,000,000,000 for purposes of carrying out, acting through the
Director of the Centers for Disease Control and Prevention (in
this section referred to as the ``Director''), activities
described in subsection (b), to remain available until
expended.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Supporting renovation, expansion, and
modernization of State and local public health
laboratory infrastructure (as the term ``laboratory''
is defined in section 353 of the Public Health Service
Act (42 U.S.C. 263a)), including--
(A) increasing and enhancing testing and
response capacity;
(B) upgrades and expansion of the Laboratory
Response Network for rapid outbreak detection;
(C) improving and expanding genomic
sequencing capabilities to detect emerging
diseases and variant strains;
(D) expanding biosafety and biosecurity
capacity; and
(E) making other laboratory enhancements and
modernization as determined by the Director to
be important for maintaining public health.
(2) Renovating, expanding, and modernizing
laboratories of the Centers for Disease Control and
Prevention as described in subparagraphs (A) through
(E) of paragraph (1).
(3) Enhancing the ability of the Centers for Disease
Control and Prevention to monitor and exercise
oversight over biosafety and biosecurity of State and
local public health laboratories.
SEC. 31022. FUNDING FOR STRENGTHENING VACCINE CONFIDENCE.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$1,250,000,000, to remain available until expended, to carry
out, acting through the Director of the Centers for Disease
Control and Prevention, directly or by making grants to public
or private entities, activities described in subsection (b) in
the United States, including its territories and possessions.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used to--
(1) strengthen vaccine confidence;
(2) strengthen routinely recommended vaccine
programs; and
(3) improve rates of vaccination, including through
activities described in section 313 of the Public
Health Service Act (42 U.S.C. 245).
SEC. 31023. FUNDING FOR SURVEILLANCE ACTIVITIES AT THE CENTERS FOR
DISEASE CONTROL AND PREVENTION.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$1,000,000,000, to remain available until expended, to carry
out, acting through the Director of the Centers for Disease
Control and Prevention, directly or by making grants to public
or private entities, activities described in subsection (b).
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used to--
(1) enhance and strengthen early warning and
detection systems, including public health and health
care surveillance, wastewater testing, and global and
domestic genomic surveillance;
(2) enhance and strengthen surveillance based in
hospitals and other health care providers or
facilities, and outpatient facility surveillance for
severe acute respiratory infection, influenza-like
illness, acute febrile illness, and other diseases as
determined by the Director of the Centers for Disease
Control and Prevention to be in the interest of public
health; and
(3) strengthen the antibiotic resistance initiative
program to improve research, stewardship, genomic
detection capabilities, and surveillance of existing
and emerging antimicrobial resistant pathogens.
SEC. 31024. FUNDING FOR DATA MODERNIZATION AT THE CENTERS FOR DISEASE
CONTROL AND PREVENTION.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$500,000,000, to remain available until expended--
(1) to carry out, acting through the Director of the
Centers for Disease Control and Prevention, directly or
by making grants to public or private entities,
activities described in subsection (b); and
(2) to supplement other available funds to carry out
similar data modernization activities authorized by the
Public Health Service Act (42 U.S.C. 201 et seq.).
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following:
(1) Supporting public health data surveillance,
aggregation, and analytics infrastructure modernization
initiatives.
(2) Enhancing reporting and workforce core
competencies in informatics and digital health.
(3) Expanding and maintaining efforts to modernize
the United States disease warning system to forecast
and track hotspots and emerging biological threats.
SEC. 31025. FUNDING FOR PUBLIC HEALTH AND PREPAREDNESS RESEARCH,
DEVELOPMENT, AND COUNTERMEASURE CAPACITY.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated, to
remain available until expended, to carry out activities,
acting through the Assistant Secretary for Preparedness and
Response, to prepare for, and respond to, public health
emergencies declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d)--
(1) $3,000,000,000 to support surge capacity,
including through construction, expansion, or
modernization of facilities, to respond to a public
health emergency, for procurement and domestic
manufacture of drugs, active pharmaceutical
ingredients, vaccines and other biological products,
diagnostic technologies and products, personal
protective equipment, medical devices, vials, syringes,
needles, and other components or supplies for the
Strategic National Stockpile under section 319F-2 of
the Public Health Service Act (42 U.S.C. 247d-6b);
(2) $2,000,000,000 to support expanded global and
domestic vaccine production capacity, including by
developing or acquiring new technology and expanding
manufacturing capacity through construction, expansion,
or modernization of facilities;
(3) $2,000,000,000 to support activities to mitigate
supply chain risks and enhance supply chain elasticity
and resilience for critical drugs, active
pharmaceutical ingredients, and supplies (including
essential medicines, medical countermeasures, and
supplies in shortage or at risk of shortage), drug and
vaccine raw materials, and other supplies, as the
Secretary determines appropriate, including
construction, expansion, or modernization of
facilities, adoption of advanced manufacturing
processes, and other activities to support domestic
manufacturing of such supplies;
(4) $500,000,000 to support activities conducted by
the Biomedical Advanced Research and Development
Authority for advanced research, standards development,
and domestic manufacturing capacity for drugs,
including essential medicines, diagnostics, vaccines,
therapeutics, and personal protective equipment; and
(5) $500,000,000 to support increased biosafety and
biosecurity in research on infectious diseases,
including by modernization or improvement of
facilities.
PART 3--INNOVATION
SEC. 31031. FUNDING FOR ADVANCED RESEARCH PROJECTS FOR HEALTH.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$3,000,000,000, to remain available until expended, to
establish the Advanced Research Projects Agency for Health (in
this section referred to as the ``ARPA-H'') for purposes of
making pivotal investments in breakthrough technologies and
broadly applicable platforms, capabilities, resources, and
solutions that have the potential to transform important areas
of medicine and health for the benefit of all individuals and
that cannot readily be accomplished through traditional
biomedical research or commercial activity.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used to--
(1) hire a Director to head the ARPA-H (for a term of
no more than 5 years subject to one renewal period);
and
(2) acting through the Director of the ARPA-H, in
consultation, as applicable, with the Director of the
National Institutes of Health, the Commissioner of Food
and Drugs, the Administrator of the Centers for
Medicare & Medicaid Services, the Director of the
Biomedical Advanced Research and Development Authority,
the Deputy Assistant Secretary for Minority Health, and
the heads of other agencies, shall--
(A) ensure to the maximum extent practicable
that the projects and activities of the ARPA-H
funded by subsection (a) are coordinated with,
and do not duplicate the efforts of, programs
within, or research conducted or supported by,
the Department of Health and Human Services;
and
(B) in using amounts made available by
subsection (a), expedite the development,
application, and implementation of health
breakthroughs to prevent, detect, and treat
serious or life-threatening diseases,
including--
(i) providing awards in the form of
grants, contracts, cooperative
agreements, prizes, and other
transactions (as defined under section
402(n) of the Public Health Service Act
(42 U.S.C. 282(n))) to entities to
carry out advanced research projects
for health, including through multiyear
contracts (subject to the availability
of funds) and prize competitions;
(ii) developing funding criteria and
evaluation criteria to assess projects
funded under clause (i);
(iii) establishing metrics or
criteria to prioritize investments and
research that should be funded under
clause (i), including the novelty,
scientific, and technical merit of
proposed projects, the future
commercial applications of projects,
and the unmet need within patient
populations;
(iv) identifying and promoting
potential advances in basic research
that will assist in carrying out
advanced health research and
development;
(v) identifying areas of research and
innovation that are high-risk, high-
reward or where the incentives of the
commercial market are unlikely to
result in adequate or timely
development;
(vi) supporting collaboration and
communication among other Federal
agencies, including both health and
scientific agencies, institutions of
higher education, private or public
research institutions, private
entities, including biotechnology and
pharmaceutical companies, and nonprofit
organizations, including patient
advocacy groups, including soliciting
data, if applicable;
(vii) translating scientific
discoveries into technological
innovations, including through--
(I) collaboration with the
Food and Drug Administration on
the development of medical
products to facilitate
transformation of breakthroughs
in biomedicine into tangible
solutions for patients; and
(II) ensuring that medical
product development programs
gather nonclinical and clinical
data necessary for approval as
efficiently as practicable;
(viii) hiring and appointing
personnel necessary to carry out
activities described in this section,
including--
(I) making and rescinding
appointments of scientific,
medical, and professional
personnel;
(II) designating personnel to
serve as program managers (for
terms of no more than 3 years
subject to one renewal period)
to establish research and
development goals for the ARPA-
H, provide project oversight
and management of strategic
initiatives, recommend
restructure, expansion, or
termination of research
projects under this section, as
necessary and appropriate, and
carry out other activities
described in this subsection;
(III) recruiting and
retaining a diverse workforce,
including individuals
underrepresented in science and
medicine and, racial and ethnic
minorities; and
(IV) hiring and appointing
administrative, financial, and
information technology staff as
necessary to carry out this
subsection;
(ix) compensating personnel at a rate
to be determined by the Director of the
ARPA-H;
(x) acquiring (by purchase, lease,
condemnation, or otherwise),
constructing, improving, repairing,
operating, and maintaining such real
and personal property as are necessary
to carry out this section; and
(xi) entering into or terminating
contracts, including multiyear
contracts, as appropriate to support
advanced research projects for health.
(c) Funding Awards.--Research funded by amounts made
available under this section shall not be subject to the
requirements of section 406(a)(3)(A)(ii) or 492 of the Public
Health Service Act (42 U.S.C. 284a(a)(3)(A)(ii), 289a).
(d) Supplement Not Supplant.--Funds appropriated by this
section shall be used to supplement and not supplant any
appropriations for institutes and centers of the National
Institutes of Health.
PART 4--MATERNAL MORTALITY
SEC. 31041. FUNDING FOR LOCAL ENTITIES ADDRESSING SOCIAL DETERMINANTS
OF MATERNAL HEALTH.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$175,000,000, to remain available until expended, to award
grants to community-based organizations, Urban Indian
organizations, Native Hawaiian organizations, or other
nonprofit organizations working with a community-based
organization, operating in areas with high rates of adverse
maternal health outcomes or with significant racial or ethnic
disparities in maternal health outcomes.
(b) Use of Funding.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Addressing social determinants of maternal health
for pregnant and postpartum individuals and eliminating
racial and ethnic disparities in maternal health
outcomes by--
(A) hiring, training, or retaining staff;
(B) developing or distributing culturally and
linguistically appropriate resources for social
services programs;
(C) offering programs and resources to
address social determinants of health;
(D) conducting demonstration projects to
address social determinants of health;
(E) establishing a culturally and
linguistically appropriate resource center that
provides multiple social services programs in a
single location; and
(F) consulting with pregnant and postpartum
individuals to conduct an assessment of the
activities conducted under this section.
(2) Promoting evidence-based health literacy and
pregnancy, childbirth, and parenting education for
pregnant and postpartum individuals, and individuals
seeking to become pregnant.
(3) Providing support from perinatal health workers,
support persons, and providers to pregnant and
postpartum individuals.
(4) Providing culturally congruent, linguistically
appropriate, and trauma-informed training to perinatal
health workers.
(5) Conducting outreach to eligible entities to
encourage such entities to apply for grants under this
section.
(6) Providing technical assistance to the eligible
entities receiving funding under this section.
(c) Minimum for Community-Based Organizations.--Of the
amounts made available by subsection (a), the Secretary shall
award not less than $75,000,000 for the Office of Minority
Health to award grants to community-based organizations to
carry out the activities described in subsection (b).
SEC. 31042. FUNDING TO GROW AND DIVERSIFY THE NURSING WORKFORCE IN
MATERNAL AND PERINATAL HEALTH.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$150,000,000, to remain available until expended, for grants to
accredited schools of nursing for the purpose of growing and
diversifying the perinatal nursing workforce.
(b) Uses of Funds.--
(1) Grantees.--Prioritizing students and registered
nurses who practice in a health professional shortage
area designated under such section of the Public Health
Service Act, amounts made available to grantees by
subsection (a) shall be used for the following
activities:
(A) Providing scholarships to students
seeking to become nurse practitioners whose
education includes a focus on maternal and
perinatal health.
(B) Providing scholarships to students
seeking to become clinical nurse specialists
whose education includes a focus on maternal
and perinatal health.
(C) Providing scholarships to students
seeking to become certified nurse midwives.
(D) Providing scholarships to registered
nurses seeking certification as an obstetrics
and gynecology registered nurse.
(2) Secretary.--The Secretary shall use amounts made
available pursuant to subsection (a) for the following
activities:
(A) Developing and implementing strategies to
recruit and retain a diverse pool of students
seeking to enter careers focused on maternal
and perinatal health.
(B) Developing partnerships with practice
settings in a health professional shortage area
designated under section 332 of the Public
Health Service Act (42 U.S.C. 254e) for the
clinical placements of students at the schools
receiving such grants.
(C) Developing curriculum for students
seeking to enter careers focused on maternal
and perinatal health that includes training
programs on bias, racism, or discrimination.
(D) Carrying out other activities under title
VIII of the Public Health Service Act (42
U.S.C. 296 et seq.) for the purpose under
subsection (a).
SEC. 31043. FUNDING TO GROW AND DIVERSIFY THE DOULA WORKFORCE.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until expended, for grants to
health professions schools, academic health centers, State or
local governments, territories, Indian Tribes and Tribal
organizations, Urban Indian organizations, Native Hawaiian
organizations, or other appropriate public or private nonprofit
entities (or consortia of entities, including entities
promoting multidisciplinary approaches), to establish or expand
programs to grow and diversify the doula workforce.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Establishing programs that provide education and
training to individuals seeking appropriate training or
certification as doulas.
(2) Expanding the capacity of existing programs
described in paragraph (1), for the purpose of
increasing the number of students enrolled in such
programs, including by awarding scholarships for
students.
(3) Developing and implementing strategies to recruit
and retain students from underserved communities,
particularly from demographic groups experiencing high
rates of maternal mortality and severe maternal
morbidity, including racial and ethnic minority groups,
into programs described in paragraphs (1) and (2).
SEC. 31044. FUNDING TO GROW AND DIVERSIFY THE MATERNAL MENTAL HEALTH
AND SUBSTANCE USE DISORDER TREATMENT WORKFORCE.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$75,000,000, to remain available until expended, for grants to
health professions schools, academic health centers, State or
local governments, territories, Indian Tribes and Tribal
organizations, Urban Indian organizations, Native Hawaiian
organizations, or other appropriate public or private nonprofit
entities (or consortia of entities, including entities
promoting multidisciplinary approaches), to establish or expand
programs to grow and diversify the maternal mental health and
substance use disorder treatment workforce.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Establishing programs that provide education and
training to individuals seeking appropriate licensing
or certification as mental health or substance use
disorder treatment providers who plan to specialize in
maternal mental health conditions or substance use
disorders.
(2) Expanding the capacity of existing programs
described in paragraph (1), for the purposes of
increasing the number of students enrolled in such
programs, including by awarding scholarships for
students.
(3) Developing and implementing strategies to recruit
and retain students from underserved communities into
programs described in paragraphs (1) and (2).
SEC. 31045. FUNDING FOR MATERNAL MENTAL HEALTH EQUITY GRANT PROGRAMS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until expended, for grants to
community-based organizations, Urban Indian organizations,
Native Hawaiian organizations, health care providers,
accredited medical schools, accredited schools of nursing,
teaching hospitals, accredited midwifery programs, physician
assistant education programs, residency or fellowship programs,
or other nonprofit organizations, schools, or programs
determined appropriate by the Secretary, to address maternal
mental health conditions and substance use disorders with
respect to pregnant, lactating, and postpartum individuals in
areas with high rates of adverse maternal health outcomes or
with significant racial or ethnic disparities in maternal
health outcomes.
(b) Use of Funds.--Amounts made available pursuant to
subsection (a), prioritizing community-based organizations,
shall be for the following activities:
(1) Establishing or expanding maternity care programs
to improve the integration of mental health and
substance use disorder treatment services into primary
care settings where pregnant individuals regularly
receive health care services.
(2) Establishing or expanding group prenatal care
programs or postpartum care programs.
(3) Expanding existing programs that improve maternal
mental health and substance use disorder treatment from
the preconception through the postpartum periods, with
a focus on individuals from racial and ethnic minority
groups with high rates of maternal mortality and
morbidity.
(4) Providing services and support for individuals
with maternal mental health conditions and substance
use disorders, starting in pregnancy and continuing
through the postpartum period.
(5) Addressing stigma associated with maternal mental
health conditions and substance use disorders, with a
focus on racial and ethnic minority groups.
(6) Raising awareness of warning signs of maternal
mental health conditions and substance use disorders,
with a focus on pregnant, lactating, and postpartum
individuals from racial and ethnic minority groups.
(7) Establishing or expanding programs to prevent
suicide or self-harm among pregnant, lactating, and
postpartum individuals.
(8) Offering evidence-informed programs at
freestanding birth centers that provide maternal mental
health and substance use disorder education,
treatments, and services, and other services for
individuals throughout the prenatal and postpartum
period.
(9) Establishing or expanding programs to provide
education and training to maternity care providers with
respect to--
(A) identifying potential warning signs for
maternal mental health conditions or substance
use disorders in pregnant, lactating, and
postpartum individuals, with a focus on
individuals from racial and ethnic minority
groups; and
(B) in the case where such providers identify
such warning signs, offering referrals to
mental health substance use disorder treatment
professionals.
(10) Developing a national website, or other source,
that includes information on health care providers who
treat maternal mental health conditions and substance
use disorders.
(11) Establishing or expanding programs in
communities to improve coordination between maternity
care providers and mental health and substance use
disorder providers who treat maternal mental health
conditions and substance use disorders.
(12) Carrying other programs aligned with evidence-
based or evidence-informed practices for addressing
maternal mental health conditions and substance use
disorders for pregnant and postpartum individuals from
racial and ethnic minority groups.
SEC. 31046. FUNDING FOR EDUCATION AND TRAINING AT HEALTH PROFESSIONS
SCHOOLS TO IDENTIFY AND ADDRESS HEALTH RISKS
ASSOCIATED WITH CLIMATE CHANGE.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$85,000,000, to remain available until expended, for grants to
accredited medical schools, accredited schools of nursing,
teaching hospitals, accredited midwifery programs, physician
assistant education programs, residency or fellowship programs,
or other schools or programs determined appropriate by the
Secretary, to support the development and integration of
education and training programs for identifying and addressing
health risks associated with climate change for pregnant,
lactating, and postpartum individuals.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for developing, integrating, and implementing
curriculum and continuing education that focuses on the
following:
(1) Identifying health risks associated with climate
change for pregnant, lactating, and postpartum
individuals and individuals with the intent to become
pregnant.
(2) How health risks associated with climate change
affect pregnant, lactating, and postpartum individuals
and individuals with the intent to become pregnant.
(3) Racial and ethnic disparities in exposure to, and
the effects of, health risks associated with climate
change for pregnant, lactating, and postpartum
individuals and individuals with the intent to become
pregnant.
(4) Patient counseling and mitigation strategies
relating to health risks associated with climate change
for pregnant, lactating, and postpartum individuals.
(5) Relevant services and support for pregnant,
lactating, and postpartum individuals relating to
health risks associated with climate change and
strategies for ensuring such individuals have access to
such services and support.
(6) Implicit and explicit bias, racism, and
discrimination in providing care to pregnant,
lactating, and postpartum individuals and individuals
with the intent to become pregnant.
SEC. 31047. FUNDING FOR MINORITY-SERVING INSTITUTIONS TO STUDY MATERNAL
MORTALITY, SEVERE MATERNAL MORBIDITY, AND ADVERSE
MATERNAL HEALTH OUTCOMES.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until expended for minority-
serving institutions described in section 371 of the Higher
Education Act of 1965 (20 U.S.C. 1067q).
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Developing and implementing systematic processes
of listening to the stories of pregnant and postpartum
individuals from racial and ethnic minority groups, and
perinatal health workers supporting such individuals,
to fully understand the causes of, and inform potential
solutions to, the maternal mortality and severe
maternal morbidity crisis within their respective
communities.
(2) Assessing the potential causes of relatively low
rates of maternal mortality among Hispanic individuals
and foreign-born Black women.
(3) Assessing differences in rates of adverse
maternal health outcomes among subgroups identifying as
Hispanic.
(4) Conducting outreach to eligible minority-serving
institutions to raise awareness of the availability of
the grants.
(5) Providing technical assistance on the application
process for such grant.
(6) Promoting capacity building to eligible entities.
SEC. 31048. FUNDING FOR IDENTIFICATION OF MATERNITY CARE HEALTH
PROFESSIONAL TARGET AREAS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $25,000,000,
to remain available until expended, for carrying out section
332(k) of the Public Health Service Act (42 U.S.C. 254e(k)).
SEC. 31049. FUNDING FOR MATERNAL MORTALITY REVIEW COMMITTEES TO PROMOTE
REPRESENTATIVE COMMUNITY ENGAGEMENT.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $50,000,000,
to remain available until expended, for carrying out section
317K(d) of the Public Health Service Act (42 U.S.C. 247b-12(d))
to promote community engagement in maternal mortality review
committees to increase the diversity of a committee's
membership with respect to race and ethnicity, location, and
professional background.
SEC. 31050. FUNDING FOR THE SURVEILLANCE FOR EMERGING THREATS TO
MOTHERS AND BABIES.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until expended, for carrying
out section 317K of the Public Health Service Act (42 U.S.C.
247b-12) with respect to conducting surveillance for emerging
threats to mothers and babies.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Expanding the Surveillance for Emerging Threats
to Mothers and Babies activities of the Centers for
Disease Control and Prevention.
(2) Working with public health, clinical, and
community-based organizations to provide timely,
continually updated, evidence-based guidance to
families and health care providers on ways to reduce
risk to pregnant and postpartum individuals and their
newborns and tailor interventions to improve their
long-term health.
(3) Partnering with more State, Tribal, territorial,
and local public health programs in the collection and
analysis of clinical data on the impact of COVID-19 on
pregnant and postpartum patients and their newborns,
particularly among patients from racial and ethnic
minority groups.
(4) Establishing regionally based centers of
excellence to offer medical, public health, and other
knowledge (in coordination with State and Tribal public
health authorities) to ensure that communities,
especially communities with large populations of
individuals from racial and ethnic minority groups, can
help pregnant and postpartum individuals and newborns
get the care and support they need.
SEC. 31051. FUNDING FOR ENHANCING REVIEWS AND SURVEILLANCE TO ELIMINATE
MATERNAL MORTALITY PROGRAM.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$30,000,000, to remain available until expended, for carrying
out the Enhancing Reviews and Surveillance to Eliminate
Maternal Mortality program established under section 317K of
the Public Health Service Act (42 U.S.C. 247b-12).
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Expanding the Enhancing Reviews and Surveillance
to Eliminate Maternal Mortality program (commonly known
as the ``ERASE MM program'') of the Centers for Disease
Control and Prevention.
(2) Expanding partnerships with States, territories,
Indian Tribes, and Tribal organizations to support
Maternal Mortality Review Committees.
(3) Providing technical assistance to existing
maternal mortality review committees.
SEC. 31052. FUNDING FOR THE PREGNANCY RISK ASSESSMENT MONITORING
SYSTEM.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available until expended, for carrying
out section 317K of the Public Health Service Act (42 U.S.C.
247b-12) with respect to the Pregnancy Risk Assessment
Monitoring System.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Supporting COVID-19 supplements to the Pregnancy
Risk Assessment Monitoring System questionnaire.
(2) Conducting a rapid assessment of COVID-19
awareness, impact on care and experiences, and use of
preventive measures among pregnant, laboring and
birthing, and postpartum individuals.
(3) Supporting the transition of the questionnaire
described in paragraph (1) to an electronic platform
and expanding the distribution of the questionnaire to
a larger population, with a special focus on reaching
underrepresented communities.
SEC. 31053. FUNDING FOR THE NATIONAL INSTITUTE OF CHILD HEALTH AND
HUMAN DEVELOPMENT.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $15,000,000,
to remain available until expended, for carrying out section
301 of the Public Health Service Act (42 U.S.C. 241) and title
IV of the Public Health Service Act (42 U.S.C. 281 et seq.)
with respect to child health and human development, to conduct
or support research for interventions to mitigate the effects
of the COVID-19 public health emergency on pregnant, lactating,
and postpartum individuals, with a particular focus on
individuals from racial and ethnic minority groups.
SEC. 31054. FUNDING FOR EXPANDING THE USE OF TECHNOLOGY-ENABLED
COLLABORATIVE LEARNING AND CAPACITY MODELS FOR
PREGNANT AND POSTPARTUM INDIVIDUALS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$30,000,000, to remain available until expended, for grants to
community-based organizations, health care providers,
accredited medical schools, accredited schools of nursing,
teaching hospitals, accredited midwifery programs, physician
assistant education programs, residency or fellowship programs,
or other schools or programs determined appropriate by the
Secretary, that are operating in health professional shortage
areas designated under section 332 of the Public Health Service
Act (42 U.S.C. 254e) with high rates of adverse maternal health
outcomes or significant racial and ethnic disparities in
maternal health outcomes, to evaluate, develop, and expand the
use of technology-enabled collaborative learning.
(b) Use of Funds.--
(1) Grantees.--A recipient of a grant awarded
pursuant to subsection (a) shall use such grant amounts
to--
(A) train maternal health care providers and
students through the use and expansion of
technology-enabled collaborative learning and
capacity building models, including hardware
and software that--
(i) enables distance learning and
technical support; and
(ii) supports the secure exchange of
electronic health information; and
(B) conduct evaluations on the use of
technology-enabled collaborative learning to
improve maternal health outcomes.
(2) Secretary.--The Secretary shall use amounts made
available pursuant to subsection (a) to provide
technical assistance to recipients of grants awarded
pursuant to subsection (a) on the development, use, and
sustainability of technology-enabled collaborative
learning and capacity building models to expand access
to maternal health services provided by such entities.
SEC. 31055. FUNDING FOR PROMOTING EQUITY IN MATERNAL HEALTH OUTCOMES
THROUGH DIGITAL TOOLS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$30,000,000, to remain available until expended, for grants to
community-based organizations, health care providers,
accredited medical schools, accredited schools of nursing,
teaching hospitals, accredited midwifery programs, physician
assistant education programs, residency or fellowship programs,
or other schools or programs determined appropriate by the
Secretary, that are operating in health professional shortage
areas designated under section 332 of the Public Health Service
Act (42 U.S.C. 254e) with high rates of adverse maternal health
outcomes or significant racial and ethnic disparities in
maternal health outcomes to reduce racial and ethnic
disparities in maternal health outcomes by increasing access to
digital tools related to maternal health care.
(b) Use of Funds.--Amounts made available pursuant to
subsection (a) shall be used for the following activities:
(1) Increasing access to digital tools that could
improve maternal health outcomes, such as wearable
technologies, patient portals, telehealth services, and
mobile phone applications.
(2) Providing technical assistance to recipients of
grants awarded pursuant to subsection (a) on the
development, use, evaluation, and postgrant
sustainability of digital tools for purposes of
promoting equity in maternal health outcomes.
SEC. 31056. FUNDING FOR ANTIDISCRIMINATION AND BIAS TRAINING.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$25,000,000, to remain available until expended, for the
purpose described in subsection (b).
(b) Use of Funds.--The Secretary shall use amounts
appropriated under subsection (a) to award competitive grants
or contracts to national nonprofit organizations focused on
improving health equity, accredited schools of medicine or
nursing, and other health professional training programs to
develop, disseminate, review, research, and evaluate training
for health professionals and all staff who interact with
patients to reduce discrimination and bias in the provision of
health care, with a focus on maternal health care.
PART 5--OTHER PUBLIC HEALTH INVESTMENTS
SEC. 31061. FUNDING FOR MENTAL HEALTH AND SUBSTANCE USE DISORDER
PROFESSIONALS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $50,000,000,
to remain available until expended, for purposes of carrying
out section 597 of the Public Health Service Act (42 U.S.C.
290ll).
SEC. 31062. FUNDING FOR PROJECT AWARE.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $30,000,000,
to remain available until expended, for carrying out section
520A of the Public Health Service Act (42 U.S.C. 290bb-32) with
respect to advancing wellness and resiliency in education.
SEC. 31063. FUNDING FOR THE NATIONAL SUICIDE PREVENTION LIFELINE.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $75,000,000,
to remain available until expended, for advancing
infrastructure for the National Suicide Prevention Lifeline
program under section 520E-3 of the Public Health Service Act
(42 U.S.C. 290bb-36c) in order to expand existing capabilities
for response in a manner that avoids duplicating existing
capabilities for text-based crisis support.
SEC. 31064. FUNDING FOR COMMUNITY VIOLENCE AND TRAUMA INTERVENTIONS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Secretary, out of any money in the
Treasury not otherwise appropriated to remain available until
expended, for the purposes described in subsection (b):
(1) $150,000,000 for fiscal year 2022.
(2) $250,000,000 for fiscal year 2023.
(3) $450,000,000 for fiscal year 2024.
(4) $550,000,000 for each of fiscal years 2025, 2026,
and 2027.
(b) Use of Funding.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, and
in consultation with the Assistant Secretary for Mental Health
and Substance Use, the Administrator of the Health Resources
and Services Administration, and the Deputy Assistant Secretary
for Minority Health and with public health and medical
professionals, victim services community-based organizations,
and other violence reduction experts, shall use amounts
appropriated by subsection (a) to support public health
approaches to reduce community violence and trauma, taking into
consideration the needs of communities with high rates of, and
prevalence of risk factors associated with, violence-related
injuries and deaths, by--
(1) awarding competitive grants or contracts to local
governmental entities, States, territories, Indian
Tribes and Tribal organizations, Urban Indian
organizations, hospitals and community health centers,
nonprofit community-based organizations, culturally
specific organizations, victim services providers, or
other entities as determined by the Secretary (or
consortia of such entities) to support evidence-based,
culturally competent, and developmentally appropriate
strategies to reduce community violence, including
outreach and conflict mediation, hospital-based
violence intervention, violence interruption, and
services for victims and individuals and communities at
risk for experiencing violence, such as trauma-informed
mental health care and counseling, school-based mental
health services, and other services; and
(2) supporting training, technical assistance,
surveillance systems, and data collection to facilitate
support for strategies to reduce community violence and
ensure safe and healthy communities.
(c) Supplement Not Supplant.--Amounts appropriated under this
section shall be used to supplement and not supplant any
Federal, State, or local funding otherwise made available for
the purposes described in this section.
SEC. 31065. FUNDING FOR THE NATIONAL CHILD TRAUMATIC STRESS NETWORK.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $10,000,000,
to remain available until expended, for carrying out section
582 of the Public Health Service Act (42 U.S.C. 290hh-1) with
respect to addressing the problem of high-risk or medically
underserved persons who experience violence-related stress.
SEC. 31066. FUNDING FOR HIV HEALTH CARE SERVICES PROGRAMS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $150,000,000,
to remain available until expended, for modifications to
existing contracts, and supplements to existing grants and
cooperative agreements under parts A, B, C, and D of title XXVI
of the Public Health Service Act (42 U.S.C. 300ff-11 et seq.)
and section 2692(a) of such Act (42 U.S.C. 300ff-111(a)).
SEC. 31067. SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH
PROGRAM.
(a) Supplemental Fund.--
(1) In general.--Title XXXIII of the Public Health
Service Act (42 U.S.C. 300mm et seq.) is amended by
adding at the end the following:
``SEC. 3352. SUPPLEMENTAL FUND.
``(a) In General.--There is established a fund to be known as
the World Trade Center Health Program Supplemental Fund
(referred to in this section as the `Supplemental Fund'),
consisting of amounts deposited into the Supplemental Fund
under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2022,
$2,860,000,000, for deposit into the Supplemental Fund, which
amounts shall remain available through fiscal year 2031.
``(c) Uses of Funds.--Amounts deposited into the Supplemental
Fund under subsection (b) shall be available, without further
appropriation and without regard to any spending limitation
under section 3351(c), to the WTC Program Administrator as
needed at the discretion of such Administrator for carrying out
any provision in this title, including sections 3303 and
3341(c).
``(d) Return of Funds.--Any amounts that remain in the
Supplemental Fund on September 30, 2031, shall be deposited
into the Treasury as miscellaneous receipts.''.
(2) Conforming amendments.--Title XXXIII of the
Public Health Service Act (42 U.S.C. 300mm et seq.) is
amended--
(A) in section 3311(a)(4)(B)(i)(II) (42
U.S.C. 300mm-21(a)(4)(B)(i)(II)), by striking
``section 3351'' and inserting ``sections 3351
and 3352'';
(B) in section 3321(a)(3)(B)(i)(II) (42
U.S.C. 300mm-31(a)(3)(B)(i)(II)), by striking
``section 3351'' and inserting ``sections 3351
and 3352'';
(C) in section 3331 (42 U.S.C. 300mm-41)--
(i) in subsection (a), by inserting
``and the World Trade Center Health
Program Supplemental Fund'' before the
period at the end; and
(ii) in subsection (d)--
(I) in paragraph (1)(B), by
inserting ``(excluding any
expenditures from amounts in
the World Trade Center Health
Program Supplemental Fund under
section 3352)'' before the
period at the end; and
(II) in paragraph (2), in the
flush text following
subparagraph (C), by inserting
``(excluding any expenditures
from amounts in the World Trade
Center Health Program
Supplemental Fund under section
3352)'' before the period at
the end; and
(D) in section 3351(b) (42 U.S.C. 300mm-
61(b))--
(i) in paragraph (2), by inserting
``or as available from the World Trade
Center Health Program Supplemental Fund
under section 3352'' before the period
at the end; and
(ii) in paragraph (3), by inserting
``or as available from the World Trade
Center Health Program Supplemental Fund
under section 3352'' before the period
at the end.
(b) Research Cohort for Emerging Health Impacts on Youth.--
(1) In general.--Section 3341 of the Public Health
Service Act (42 U.S.C. 300mm-51) is amended--
(A) by redesignating subsections (c) and (d)
as subsections (d) and (e), respectively; and
(B) by inserting after subsection (b) the
following:
``(c) Research Cohort for Emerging Health Impacts on Youth.--
The WTC Program Administrator shall establish a research cohort
of sufficient size to conduct research studies on the health
and educational impacts of exposure to airborne toxins, or any
other hazard or adverse condition, resulting from the September
11, 2001, terrorist attacks on the population of individuals
who were 21 years of age or younger at the time of exposure and
who are enrolled in the WTC Program or otherwise eligible for
enrollment in the Program under section 3321.''.
(2) Spending limitation exemption.--Section
3351(c)(5) of such Act (42 U.S.C. 300mm-61(c)(5)) is
amended in the matter preceding subparagraph (A), by
inserting ``(other than subsection (c) of such
section)'' after ``section 3341''.
(3) Conforming amendment.--Section 3301(f)(2)(E) of
such Act (42 U.S.C. 300mm(f)(2)(E)) is amended by
striking ``section 3341(a)'' and inserting ``subsection
(a) or (c) of section 3341''.
Subtitle K--Next Generation 9-1-1
SEC. 31101. DEPLOYMENT OF NEXT GENERATION 9-1-1.
(a) Appropriation.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Assistant
Secretary for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $10,000,000,000,
to remain available until September 30, 2030, to make
grants to eligible entities for implementing Next
Generation 9-1-1, operating and maintaining Next
Generation 9-1-1, training directly related to
implementing, maintaining, and operating Next
Generation 9-1-1, if the cost related to such training
does not exceed 3 percent of the total grant award, and
planning and implementation activities, if the cost
related to such planning and implementation does not
exceed 1 percent of the total grant award.
(2) Administrative expenses.--Of the amount
appropriated in this subsection, the Assistant
Secretary may use not more than 2 percent to implement
and administer this section.
(3) Rulemaking required.--Not later than 180 days
after the date of the enactment of this Act, the
Assistant Secretary shall, after public notice and
opportunity for comment, issue rules to implement this
section.
(b) Eligibility.--
(1) In general.--The Assistant Secretary shall not
make a grant under this section to any eligible entity
unless such entity certifies to the Assistant Secretary
that--
(A) no portion of any 9-1-1 fee or charge
imposed by the eligible entity, or (in the case
that the eligible entity is not a covered State
or Tribal organization) any State or taxing
jurisdiction within which the eligible entity
will carry out activities using grant funds,
will be obligated or expended for any purpose
or function other than a purpose or function
for which the obligation or expenditure of such
a fee or charge is acceptable (as determined by
the Federal Communications Commission pursuant
to the rules issued under section 6(f)(3) of
the Wireless Communications and Public Safety
Act of 1999 (47 U.S.C. 615a-1(f)(3)), as such
rules are in effect on the date on which the
eligible entity makes the certification) during
any period during which the funds from the
grant are available to the eligible entity;
(B) any funds received by the eligible entity
will be used to support the deployment of Next
Generation 9-1-1 in a manner that ensures
reliability, interoperability, and requires the
use of commonly accepted standards;
(C) the eligible entity has established, or
commits to establish not later than 3 years
after the date on which the funds are
distributed to the eligible entity, a
sustainable funding mechanism for Next
Generation 9-1-1 and effective cybersecurity
for Next Generation 9-1-1; and
(D) no funds received by the eligible entity
will be used to purchase, rent, lease, or
otherwise obtain covered communications
equipment or services (as defined in section 9
of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1608)).
(2) Other requirements.--The Assistant Secretary
shall not make a grant under this section to an
eligible entity unless such entity certifies to the
Assistant Secretary that--
(A) the eligible entity, and (in the case
that the eligible entity is not a covered State
or Tribal organization) any covered State
within which the eligible entity will carry out
activities using grant funds, has designated a
single officer or governmental body to serve as
the point of contact to coordinate the
implementation of Next Generation 9-1-1 for
such covered State or Tribal organization; and
(B) the eligible entity has developed and
submitted a plan for the coordination and
implementation of Next Generation 9-1-1
consistent with the requirements of the
Assistant Secretary that, at a minimum--
(i) ensures interoperability,
reliability, resiliency, and the use of
commonly accepted standards;
(ii) enables emergency communications
centers to process, analyze, and store
multimedia, data, and other
information;
(iii) incorporates cybersecurity
tools, including intrusion detection
and prevention measures;
(iv) includes strategies for
coordinating cybersecurity information
sharing between Federal, covered State,
Tribal, and local government partners;
(v) includes a governance body or
bodies, either by creation of a new
body or bodies or use of an existing
body or bodies, for the development and
deployment of Next Generation 9-1-1;
(vi) creates efficiencies related to
Next Generation 9-1-1 functions,
including the virtualization and
sharing of infrastructure, equipment,
and services; and
(vii) utilizes an effective,
competitive approach to establishing
authentication, credentialing, secure
connections, and access in deploying
Next Generation 9-1-1, including by--
(I) requiring certificate
authorities to be capable of
cross-certification with other
authorities;
(II) avoiding risk of a
single point of failure or
vulnerability; and
(III) adhering to Federal
agency best practices such as
those promulgated by the
National Institute of Standards
and Technology.
(3) Return of funding.--If, after making a grant
award to an eligible entity under subsection (a), the
Assistant Secretary determines that such eligible
entity has acted in a manner not in accordance with the
certifications required under this subsection, the
Assistant Secretary shall, after affording due process,
rescind such grant award and recoup funds from such
eligible entity.
(c) Oversight.--In addition to amounts otherwise available,
there is appropriated to the Inspector General of the
Department of Commerce for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $10,000,000, to
remain available until September 30, 2030, to conduct oversight
to combat waste, fraud, and abuse of grant awards made under
this section.
SEC. 31102. ESTABLISHMENT OF NEXT GENERATION 9-1-1 CYBERSECURITY
CENTER.
In addition to amounts otherwise available, there is
appropriated to the Assistant Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$80,000,000, to remain available until September 30, 2030, to
establish a Next Generation 9-1-1 Cybersecurity Center to
coordinate with covered State, local, and regional governments
on the sharing of cybersecurity information about, the analysis
of cybersecurity threats to, and guidelines for strategies to
detect and prevent cybersecurity intrusions relating to Next
Generation 9-1-1.
SEC. 31103. PUBLIC SAFETY NEXT GENERATION 9-1-1 ADVISORY BOARD.
In addition to amounts otherwise available, there is
appropriated to the Assistant Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$10,000,000, to remain available until September 30, 2030, to
establish a 16-member Public Safety Next Generation 9-1-1
Advisory Board (in this section referred to as the ``Board''),
to be comprised of representatives of public safety
organizations, to provide recommendations to the Assistant
Secretary with respect to carrying out the duties and
responsibilities of the Assistant Secretary related to Next
Generation 9-1-1, including with respect to the grant program
established pursuant to section 31101.
SEC. 31104. DEFINITIONS.
In this subtitle:
(1) 9-1-1 fee or charge.--The term ``9-1-1 fee or
charge'' has the meaning given such term in section
6(f)(3)(D) of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a-1(f)(3)(D)).
(2) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of Commerce
for Communications and Information.
(3) Commonly accepted standards.--The term ``commonly
accepted standards'' means the technical standards
followed by the communications industry for network,
device, and Internet Protocol connectivity that--
(A) enable interoperability; and
(B) are--
(i) developed and approved by a
standards development organization that
is accredited by a United States or
international standards body in a
process that--
(I) is open to the public,
including open for
participation by any
organization; and
(II) provides for a conflict
resolution process;
(ii) subject to an open comment and
input process before being finalized by
the standards development organization;
(iii) consensus-based; and
(iv) made publicly available once
approved.
(4) Cost related to planning and implementation.--The
term ``cost related to planning and implementation''
means any cost incurred by an eligible entity related
to planning for and preparing an application and
related materials as required under this title.
(5) Covered state.--The term ``covered State'' means
any State of the United States, the District of
Columbia, Puerto Rico, American Samoa, Guam, the United
States Virgin Islands, the Northern Mariana Islands,
and any other territory or possession of the United
States.
(6) Eligible entity.--The term ``eligible entity''--
(A) means a covered State or a Tribal
organization; and
(B) may be an entity, including a public
authority, board, or commission, established by
one or more entities described in subparagraph
(A).
(7) Emergency communications center.--
(A) In general.--The term ``emergency
communications center''--
(i) means a facility that--
(I) is designated to receive
a 9-1-1 request for emergency
assistance; and
(II) performs one or more of
the functions described in
subparagraph (B); and
(ii) may be a public safety answering
point, as defined in section 222 of the
Communications Act of 1934 (47 U.S.C.
222).
(B) Functions described.--The functions
described in this subparagraph are the
following:
(i) Process and analyze 9-1-1
requests for emergency assistance and
information and data related to such
requests.
(ii) Dispatch appropriate emergency
response providers.
(iii) Transfer or exchange 9-1-1
requests for emergency assistance and
information and data related to such
requests with one or more facilities
described under this paragraph and
emergency response providers.
(iv) Analyze any communications
received from emergency response
providers.
(v) Support incident command
functions.
(8) Interoperable; interoperability.--The term
``interoperable'' or ``interoperability'' means the
capability of emergency communications centers to
receive 9-1-1 requests for emergency assistance and
information and data related to such requests, such as
location information and callback numbers from a person
initiating the request, and then process and share the
9-1-1 requests for emergency assistance and information
and data related to such requests with other emergency
communications centers and emergency response providers
without the need for proprietary interfaces and
regardless of jurisdiction, equipment, device,
software, service provider, or other factors.
(9) Next generation 9-1-1.--The term ``Next
Generation 9-1-1'' means an interoperable, secure,
Internet Protocol-based system that--
(A) employs commonly accepted standards;
(B) enables emergency communications centers
to receive, process, and analyze all types of
9-1-1 requests for emergency assistance;
(C) acquires and integrates additional
information useful to handling 9-1-1 requests
for emergency assistance; and
(D) supports sharing information related to
9-1-1 requests for emergency assistance among
emergency communications centers and emergency
response providers.
(10) Public safety organization.--The term ``public
safety organization'' means an organization that
represents the interests of personnel in--
(A) local law enforcement;
(B) fire and rescue;
(C) emergency medical service; or
(D) 9-1-1 services.
(11) Reliability.--The term ``reliability'' means the
employment of sufficient measures to ensure the ongoing
operation of Next Generation 9-1-1, including through
the use of geo-diverse, device- and network-agnostic
elements that provide more than one physical route
between end points with no common points where a single
failure at that point would cause the operation of Next
Generation 9-1-1 to fail.
(12) State or taxing jurisdiction.--The term ``State
or taxing jurisdiction'' has the meaning given such
term in section 6(f)(3)(D) of the Wireless
Communications and Public Safety Act of 1999 (47 U.S.C.
615a-1(f)(3)(D)).
(13) Sustainable funding mechanism.--The term
``sustainable funding mechanism'' means a funding
mechanism that provides adequate revenues to cover
ongoing expenses, including operations, maintenance,
and upgrades.
Subtitle L--Spectrum Auctions
SEC. 31201. SPECTRUM AUCTIONS AND INNOVATION.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of Commerce
for Communications and Information.
(2) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(3) Covered band.--The term ``covered band'' means
the band of frequencies between 3100 megahertz and 3450
megahertz, inclusive.
(4) Relevant congressional committees.--The term
``relevant congressional committees'' means--
(A) the Committee on Energy and Commerce of
the House of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation of the Senate.
(5) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
(b) 3.1-3.45 GHz Band.--
(1) Pre-auction funding.--
(A) In general.--On the date of enactment of
this Act, the Director of the Office of
Management and Budget shall transfer
$50,000,000 from the Spectrum Relocation Fund
established under section 118 of the National
Telecommunications and Information
Administration Organization Act (47 U.S.C. 928)
to the Secretary for the purpose of engineering
studies, economic analyses, activities with
respect to systems, or other planning
activities to improve efficiency and
effectiveness of Federal spectrum use in order
to make available--
(i) frequencies in the covered band
for identification by the Secretary
under paragraph (2)(A); and
(ii) frequencies in the covered band
for identification by the Secretary
under paragraph (2)(B).
(B) Exemption.--Section 118(g) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C.
928(g)) shall not apply with respect to the
payment required under subparagraph (A).
(C) Plan.--Not later than 180 days after the
date of enactment of this Act, the Assistant
Secretary, in coordination with the Secretary
of Defense and the Executive Office of the
President, shall develop a plan for conducting
the engineering studies, economic analyses,
activities with respect to systems, or other
planning activities described in subparagraph
(A).
(D) Consideration of common platform.--In
developing the plan required by subparagraph
(C), the Assistant Secretary shall consider
facilitating the sharing of spectrum between
Federal and non-Federal users implemented
through a Federal user informing common
platform developed by the Assistant Secretary,
in coordination with the Commission.
(E) Oversight.--The Assistant Secretary and
the Executive Office of the President shall
continuously review and provide oversight of
the execution of the plan required by
subparagraph (C).
(F) Report to secretary of commerce and
congress.--Not later than 18 months after the
date of enactment of this Act, for the purposes
of aiding the Secretary in making the
identification under paragraph (2) and informed
by the findings of the engineering studies,
economic analyses, activities with respect to
systems, or other planning activities described
in subparagraph (A), the Assistant Secretary,
in consultation with the Secretary of Defense,
shall submit to the Secretary and the relevant
congressional committees a report that--
(i) contains such findings; and
(ii) recommends--
(I) frequencies in the
covered band for identification
by the Secretary under
paragraph (2)(A); and
(II) frequencies in the
covered band for identification
by the Secretary under
paragraph (2)(B).
(2) Identification.--Not later than 24 months after
the date of enactment of this Act, informed by the
findings of the engineering studies, economic analyses,
activities with respect to systems, or other planning
activities described in paragraph (1)(A) and the report
required under paragraph (1)(F), the Secretary, in
consultation with the Secretary of Defense, the
Director of the Office of Science and Technology
Policy, and the Commission, shall submit to the
President, the Commission, and the relevant
congressional committees a report that--
(A) identifies for inclusion in a system of
competitive bidding under paragraph (3) at
least 200 megahertz of frequencies in the
covered band for non-Federal use, shared
Federal and non-Federal use, or a combination
thereof; and
(B) identifies additional frequencies of
electromagnetic spectrum in the covered band
that could be made available for non-Federal
use, shared Federal and non-Federal use, or a
combination thereof.
(3) Auction.--
(A) In general.--Not later than 7 years after
the date of enactment of this Act, the
Commission, in coordination with the Assistant
Secretary, shall commence a system of
competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)),
in accordance with paragraph (2) of this
subsection, of the frequencies identified under
subparagraph (A) of that paragraph.
(B) Prohibition.--No entity that is on the
list required by section 2 of the Secure and
Trusted Communications Networks Act of 2019 (47
U.S.C. 1601) may participate in the system of
competitive bidding required by subparagraph
(A).
(4) Preparing spectrum for auction.--
(A) In general.--The President shall modify
or withdraw any assignment to a Federal
Government station of the frequencies
identified under paragraph (2)(A) to
accommodate non-Federal use or shared Federal
and non-Federal use in accordance with that
paragraph.
(B) Timing.--The President may not modify or
withdraw any assignment to a Federal Government
station as described in subparagraph (A) before
November 30, 2024.
(5) Auction proceeds to cover 110 percent of federal
relocation or sharing costs.--Nothing in this
subsection shall be construed to relieve the Commission
from the requirements under section 309(j)(16)(B) of
the Communications Act of 1934 (47 U.S.C.
309(j)(16)(B)).
(6) Rules authorizing additional use of spectrum in
covered band.--Not later than 4 years after the date of
enactment of this Act, the Commission, in consultation
with the Assistant Secretary, shall adopt rules that
authorize the use of spectrum in the covered band
identified under paragraph (2)(B) for non-Federal use,
shared Federal and non-Federal use, or a combination
thereof.
(7) Opportunistic use of identified frequencies.--Not
later than 4 years after the date of enactment of this
Act, if the President modifies or withdraws assignments
under paragraph (4), or if President accommodates the
use described in paragraph (2)(A) without such
modification or withdrawal, the Commission, in
coordination with the Assistant Secretary, shall allow
for the opportunistic use of the frequencies identified
under such paragraph before the auction required by
paragraph (3) is conducted. Opportunistic use, if such
use is inconsistent with the rights of licensees that
obtained licenses through such auction, shall cease
upon the issuance by the Commission of such licenses.
(c) FCC Auction Authority.--
(1) Termination.--Section 309(j)(11) of the
Communications Act of 1934 (47 U.S.C. 309(j)(11)) is
amended by inserting after ``2025'' the following: ``,
and with respect to the electromagnetic spectrum
identified under section 31201(b)(2)(A) of the Act to
provide for reconciliation pursuant to title II of S.
Con. Res. 14, such authority shall expire on the date
that is 7 years after the date of enactment of that
Act''.
(2) Spectrum pipeline act of 2015.--The Spectrum
Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 621)
is amended--
(A) in section 1004--
(i) in subsection (a), by striking
``2022'' and inserting ``2024''; and
(ii) in subsection (b)(1), by
striking ``2022'' and inserting
``2024''; and
(B) in section 1006(c)(1), by striking
``2022'' and inserting ``2024''.
Subtitle M--Distance Learning
SEC. 31301. ADDITIONAL SUPPORT FOR DISTANCE LEARNING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated--
(1) $4,000,000,000 to the Emergency Connectivity Fund
established under subsection (c)(1) of section 7402 of
the American Rescue Plan Act of 2021 (Public Law 117-2)
to provide support under the covered regulations
promulgated under subsection (a) of such section,
except that such amount shall be used to provide
support under the covered regulations for costs
incurred after the date of enactment of this Act but
before June 30, 2030, regardless of whether those costs
are incurred during a COVID-19 emergency period (as
defined in subsection (d) of such section); and
(2) $500,000 to the Inspector General of the Federal
Communications Commission to conduct oversight of
support provided under the covered regulations.
Amounts appropriated by this subsection shall remain available
until September 30, 2030.
(b) Limitation.--None of the funds appropriated by subsection
(a)(1) may be used to purchase, rent, lease, or otherwise
obtain any covered communications equipment or service (as
defined in section 9 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1608)).
Subtitle N--Manufacturing Supply Chain
SEC. 31401. CRITICAL MANUFACTURING SUPPLY CHAIN RESILIENCE.
(a) Appropriation.--In addition to amounts otherwise made
available, there is appropriated to the Department of Commerce
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000,000, to remain available
until expended, except that no amounts may be expended after
September 30, 2031, to support the resilience, diversity,
security, and strength of critical manufacturing supply chains
affecting interstate commerce and related administrative costs.
(b) Purposes.--The amount under subsection (a) shall be
available to the Secretary of Commerce for--
(1) critical manufacturing supply chain mapping and
monitoring, which may include providing grants and
other financial assistance as appropriate to eligible
entities for private and public sector-led mapping,
monitoring, and forecasting;
(2) facilitating and supporting the establishment of
voluntary standards, guidelines, and best practices to
reduce risks to the resilience, diversity, security,
and strength of critical manufacturing supply chains;
(3) identifying, accelerating, promoting, and
demonstrating technological advances for critical
manufacturing supply chains; and
(4) providing grants and other financial assistance
as appropriate that support the resilience, diversity,
security, or strength of a critical manufacturing
supply chain to eligible entities for activities that
may include enhancements to a domestic manufacturing
facility, process, or practice, the preservation of
surge capacity, the provision of goods, or other
activities at the determination of the Secretary.
(c) Limitation.--Of the amounts made available under
subsection (a), not more than 3 percent may be used for related
administrative expenses.
(d) Eligible Entity Defined.--The term ``eligible entity''
means--
(1) a domestic enterprise;
(2) a domestic manufacturer;
(3) a State, local, or Tribal government entity;
(4) a domestic regional technology and manufacturing
hub;
(5) a domestic institution of higher education;
(6) a domestic public or private nonprofit
organization or association; or
(7) a consortium of any of the entities described in
paragraphs (1) through (6).
Subtitle O--FTC Privacy Enforcement
SEC. 31501. FEDERAL TRADE COMMISSION FUNDING FOR A PRIVACY BUREAU AND
RELATED EXPENSES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Federal Trade
Commission for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000, to remain
available until September 30, 2031, for carrying out this
section.
(b) Purposes.--The Federal Trade Commission shall use the
funds appropriated under subsection (a) to create and operate a
bureau, including by hiring and retaining technologists, user
experience designers, and other experts as the Commission
considers appropriate, to accomplish the work of the Commission
related to unfair or deceptive acts or practices relating to
privacy, data security, identity theft, data abuses, and
related matters.
Subtitle P--Department of Commerce Inspector General
SEC. 31601. FUNDING FOR THE OFFICE OF THE INSPECTOR GENERAL OF THE
DEPARTMENT OF COMMERCE.
In addition to amounts otherwise available, there is
appropriated to the Office of the Inspector General of the
Department of Commerce for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $10,000,000, to
remain available until September 30, 2031, for oversight of
activities supported with funds appropriated to the Department
of Commerce in this Act.
TITLE IV--COMMITTEE ON FINANCIAL SERVICES
Subtitle A--Creating and Preserving Affordable, Equitable and
Accessible Housing for the 21st Century
SEC. 40001. PUBLIC HOUSING INVESTMENTS.
(a) Appropriation.--In addition to amounts otherwise made
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $10,000,000,000 for the Capital Fund under
section 9(d) of the United States Housing Act of 1937
(42 U.S.C. 1437g(d)) pursuant to the same formula as in
fiscal year 2021, to be made available within 60 days
of the date of the enactment of this Act;
(2) $66,500,000,000 for eligible activities under
section 9(d)(1) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d)(1)) for priority investments
as determined by the Secretary to repair, replace, or
construct properties assisted under such section 9;
(3) $2,750,000,000 for competitive grants under
section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) (in this section referred to as ``section
24''), under the terms and conditions in subsection
(b), for transformation, rehabilitation, and
replacement housing needs of public housing, to
transform neighborhoods of poverty into functioning,
sustainable mixed-income neighborhoods ; and
(4) $750,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Public Housing Capital Fund and the
section 24 grant program generally, including
information technology, financial reporting, research
and evaluation, other cross-program costs in support of
programs administered by the Secretary in this title,
and other costs; the Secretary may transfer and merge
amounts set aside under this subparagraph to section
40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Terms and Conditions for Section 24 Grants.--Grants
awarded under subsection (a)(3) shall be subject to terms and
conditions determined by the Secretary, which shall include the
following:
(1) Use.--Grant funds may be used for resident and
community services, community development and
revitalization, and affordable housing needs in the
community.
(2) Applicants.--Eligible recipients of grants shall
include lead applicants and joint applicants, as
follows:
(A) Lead applicants.--A lead applicant shall
be a local government or a public housing
agency.
(B) Joint applicants.--A nonprofit
organization or a for-profit developer may
apply jointly as a joint applicant with such
public entities specified in subparagraph (A).
(3) Period of affordability.--Grantees shall commit
to a period of affordability determined by the
Secretary of not fewer than 20 years, but the Secretary
may specify a period of affordability that is fewer
than 20 years with respect to homeownership units
developed with section 24 grants.
(4) Environmental review.--For purposes of
environmental review, a grantee shall be treated as a
public housing agency under section 26 of the United
States Housing Act of 1937 (42 U.S.C. 1437x) and grants
from amounts made available under this heading shall be
subject to the regulations issued by the Secretary to
implement such section.
(5) Partnerships.--Grantees shall create partnerships
with other local organizations, included assisted
housing owners, service agencies, and resident
organizations.
(6) Unobligated balances.--The Secretary may, until
September 30, 2031, obligate any available unobligated
balances made available under subsection (a)(3).
(7) Low-income housing.--Amounts made available under
this section shall be used for low-income housing (as
such term is defined under section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)) and
affordable housing, which shall be housing for which
the owner or purchaser of the project has recorded an
affordability use restriction approved by the Secretary
for households earning up to 120 percent of the area
median income for no fewer than 20 years.
(c) Other Terms and Conditions.--Grants awarded under this
section shall be subject to the following terms and conditions:
(1) Limitation.--Amounts provided pursuant to this
section may not be used for operating costs or rental
assistance.
(2) Development of new units.--Paragraph (3) of
section 9(g) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(3)) shall not apply to new funds
made available under this section.
(3) Health and safety.--Amounts made available under
this section shall be used to address health, safety,
and environmental hazards, including lead, fire, carbon
monoxide, mold, asbestos, radon, pest infestation, and
other hazards as defined by the Secretary.
(4) Energy efficiency and resilience.--Amounts made
available under this section shall advance improvements
to energy and water efficiency or climate and disaster
resilience in housing assisted under this section.
(5) Alternative deadlines.--The Secretary shall
establish, by notice, alternative deadlines to those
established in section 9(j) of the United States
Housing Act of 1937 (42 U.S.C. 1437g(j)) to provide
public housing agencies reasonable periods of time to
obligate and expend funds provided under paragraphs (1)
and (2) of subsection (a).
(6) Recapture.--If the Secretary recaptures funding
allocated by formula from a public housing agency under
paragraph (a)(1), such recaptured amounts shall be
added to the amounts available under paragraph (a)(2),
and shall be obligated by the Secretary prior to the
expiration of such funds.
(7) Supplementation of funds.--The Secretary shall
ensure that amounts provided pursuant to this section
shall serve to supplement and not supplant other
amounts generated by a recipient of such amounts or
amounts provided by other Federal, State, or local
sources.
(8) Waivers and alternative requirements.--The
Secretary may waive or specify alternative requirements
for subsections (d)(1), (d)(2), (e), and (j) of section
9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) and associated regulations in connection with
the use of amounts made available under this section
other than requirements related to tenant rights and
protections, fair housing, nondiscrimination, labor
standards, and the environment, upon a finding that the
waiver or alternative requirement is necessary to
facilitate the use of amounts made available under this
section.
(d) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40002. INVESTMENTS IN AFFORDABLE AND ACCESSIBLE HOUSING
PRODUCTION.
(a) Appropriation.--In addition to amounts otherwise made
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $34,770,000,000, for activities and assistance
for the HOME Investment Partnerships Program (in this
section referred to as the ``HOME program''), as
authorized under title II of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12721 et
seq.) (in this section referred to as ``NAHA'');
(2) $36,770,000,000 for activities and assistance for
the HOME Investment Partnerships Program, as authorized
under title II of NAHA, subject to the terms and
conditions in paragraphs (1) and (2) of subsection (b);
(3) $100,000,000 to make new awards or increase prior
awards to existing technical assistance providers,
except that increases to prior awards do not exceed 10
percent of the amount made available under this
subparagraph, to provide an increase in capacity
building and technical assistance available to any
grantees implementing activities or projects consistent
with this section, except that the Secretary may use
not more than 10 percent of the amount made available
under this paragraph to increase prior awards to
existing technical assistance providers to provide an
immediate increase in capacity building and technical
assistance; and
(4) $360,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the HOME and Housing Trust Fund programs
generally, including information technology, financial
reporting, research and evaluations, other cross-
program costs in support of programs administered by
the Secretary in this title, and other costs. The
Secretary may transfer and merge amounts appropriated
under this paragraph to section 40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Terms and Condition.--
(1) Formula.--The Secretary shall allocate amounts
made available under subsection (a)(2) pursuant to the
formula specified in section 1338(c)(3) of the Federal
Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4568(c)(3)) to grantees that
received Housing Trust Fund allocations pursuant to
that same formula in fiscal year 2021 and shall make
such allocations within 60 days of the date of the
enactment of this Act.
(2) Eligible activities.--Other than as provided in
paragraph (5) of this subsection, funds made available
under subsection (a)(2) may only be used for eligible
activities described in subparagraphs (A) through
(B)(i) of section 1338(c)(7) of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992
(12 U.S.C. 4568(c)(7)), except that not more than 10
percent of funds made available may be used for
activities under such subparagraph (B)(i).
(3) Funding restrictions.--The commitment
requirements in section 218(g) (42 U.S.C. 12748(g)) of
NAHA, the matching requirements in section 220 (42
U.S.C. 12750) of NAHA, and the set-aside for housing
developed, sponsored, or owned by community housing
development organizations required in section 231 of
NAHA (42 U.S.C. 12771) shall not apply for amounts made
available under this section.
(4) Reallocation.--For funds provided under
paragraphs (1) and (2) of subsection (a), the Secretary
may recapture certain amounts remaining available to a
grantee under this section or amounts declined by a
grantee, and reallocate such amounts to other grantees
under that paragraph to ensure fund expenditure,
geographic diversity, and availability of funding to
communities within the State from which the funds have
been recaptured.
(5) Administration.-- Notwithstanding subsections (c)
and (d)(1) of section 212 of NAHA (42 U.S.C. 12742),
eligible grantees may use not more than 15 percent of
their allocations under this section for administrative
and planning costs.
(c) Waivers.--The Secretary may waive or specify alternative
requirements for any provision of NAHA (42 U.S.C. 12701 et
seq.) or regulation for the administration of the amounts made
available under this section other than requirements related to
fair housing, nondiscrimination, labor standards, and the
environment, upon a finding that the waiver or alternative
requirement is necessary to expedite or facilitate the use of
amounts made available under this section.
(d) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40003. HOUSING INVESTMENT FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund to be known as the Housing Investment
Fund, which shall be within the Community Development Financial
Institutions Fund (in this section referred to as the ``CDFI
Fund''), to--
(1) increase and preserve the affordability and
quality of housing;
(2) increase the availability of affordable,
accessible housing;
(3) improve the energy and water efficiency and
resiliency of affordable housing;
(4) enhance economic opportunities for residents, by
financing or supporting affordable housing located
within proximity to public transportation, as defined
in section 5302 of title 49, United States Code, or
centers of employment, and education, and critical
community services;
(5) match the creation of housing supply to existing
demand and projected demand growth in the area, to the
benefit of existing residents and with attention to
preventing displacement of residents; and
(6) further fair housing purposes addressing historic
disinvestment, the concentration of poverty, and
housing segregation on the basis of race, color,
religion, natural origin, sex, disability, or familial
status.
(b) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated--
(1) $9,640,000,000 to the Housing Investment Fund
established by this section; and
(2) $360,000,000 for the costs to the CDFI Fund of
administering and overseeing the implementation of this
section, including information technology, financial
reporting, research and evaluations, fair housing
compliance, and other costs.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(c) Expenditures From Fund.--Amounts in the Housing
Investment Fund shall be available to the CDFI Fund to make
grants to increase investment in the development, preservation,
rehabilitation, financing, or purchase of affordable housing
primarily for low-, very low-, and extremely low- income
families , and for homeowners with incomes up to 120 percent of
the area median income. The CDFI Fund may impose such
conditions as it deems necessary to achieve the program goals,
including coordinating with the Secretary of Housing and Urban
Development to housing achieve the purposes of subsection
(a)(6).
(d) Eligible Grantees.--A grant under this section may be
made, pursuant to such requirements as the CDFI Fund shall
establish for experience and success in carrying out the types
of activities proposed under the application of the grantee,
only to--
(1) a CDFI Fund certified community development
financial institution, as such term is defined in
section 103 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4702)
that is not found to be out of compliance with the
obligation to affirmatively further fair housing, as
applicable;
(2) a nonprofit organization having as one of its
principal purposes the creation, development, or
preservation of affordable housing and that is not
found to be out of compliance with the obligation to
affirmatively further fair housing, as applicable,
including a subsidiary of a public housing authority;
or
(3) a consortium comprised of certified community
development financial institutions, eligible nonprofit
housing organizations, or a combination of both.
(e) Eligible Uses.--Grant amounts awarded from the Housing
Investment Fund pursuant to this section may be used for the
purposes described in subsection (c), including for the
following uses:
(1) To provide loan loss reserves.
(2) To capitalize an acquisition fund to acquire
residential, industrial, or commercial property and
land for the purpose of the preservation, development,
or rehabilitation of affordable, accessible housing,
including to support the creation, preservation, or
rehabilitation of resident-owned manufactured housing
communities.
(3) To capitalize an affordable housing fund , for
development, preservation, rehabilitation, or financing
of affordable housing and economic development
activities, including community facilities, if part of
a mixed-use project, or activities described in this
paragraph related to transit-oriented development,
which may also be designated as a focus of such a fund.
(4) To capitalize an affordable housing mortgage
fund, to facilitate the origination of mortgages to
buyers that may experience significant barriers to
accessing affordable mortgage credit, including
mortgages having low original principal obligations.
(5) For risk-sharing loans.
(6) To provide loan guarantees.
(7) To fund rental housing operations.
(f) Applications.--The CDFI Fund shall provide, an
application process, for eligible grantees under subsection (d)
to submit applications for Housing Investment Fund grants to
the CDFI Fund at such time and in such manner as the CDFI Fund
shall determine.
(g) Grant Limitation.--
(1) In general.--The CDFI Fund shall establish
limitations on aggregate funds available for an
eligible grantee and its subsidiaries and affiliates,
and eligible uses and activities as appropriate.
(2) Leverage of funds.--Each grant from the Housing
Investment Fund awarded under this section shall be
reasonably expected to result in eligible affordable
housing activities that support or sustain affordable
housing funded by a grant under this section and
capital from other public and private sources.
(h) Direct Hiring Authority.--The CDFI Fund may use direct
hiring authority to hire employees to administer the Housing
Investment Fund.
(i) Implementation.--The CDFI Fund shall have the authority
to issue such regulations or other guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40004. SECTION 811 SUPPORTIVE HOUSING FOR PEOPLE WITH
DISABILITIES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $898,000,000 for capital advances, including
amendments to capital advance contracts, for supportive
housing for persons with disabilities, as authorized by
section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013) (in this
section referred to as the ``Act''), and for project
rental assistance for supportive housing for persons
with disabilities under section 811(d)(2) of the Act
and for project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law
86-372; 73 Stat. 667), for project rental assistance to
State housing finance agencies and other appropriate
entities as authorized under section 811(b)(3) of the
Act, for State housing finance agencies;
(2) $15,000,000 for providing technical assistance to
support State-level efforts to integrate housing
assistance and voluntary supportive services for
residents of housing receiving such assistance, which
funding may also be used to provide technical
assistance to applicants and potential applicants to
understand program requirements and develop effective
applications; and the Secretary may use up to 10
percent of such amounts made available under this
paragraph to increase prior awards to existing
technical assistance providers to provide an immediate
increase in capacity building and technical assistance;
and
(3) $87,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Supportive Housing for Persons with
Disabilities program generally, including information
technology, financial reporting, research and
evaluations, other cross-program costs in support of
programs administered by the Secretary in this title,
and other costs; the Secretary may transfer and merge
amounts appropriated under this paragraph to section
40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Waivers.--The Secretary may waive or specify alternative
requirements for any provision of section 811(b)(3) of the Act
(42 U.S.C. 8013(b)(3)), or regulation that the Secretary
administers that is applicable to such statute other than
requirements related to fair housing, nondiscrimination, labor
standards, and the environment, upon a finding that the waiver
or alternative requirement is necessary to facilitate the use
of amounts made available under this section.
(c) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40005. SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $2,360,000,000 for the Supportive Housing for the
Elderly Program authorized under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q) (in this section
referred to as the ``Act''), which shall be used--
(A) for capital advance awards in accordance
with section 202(c)(1) of the Act to recipients
that are eligible under the Act;
(B) for section 8 project-based rental
assistance contracts in accordance with
subsection (b) of this section and section 8 of
the United States Housing Act of 1937 (42
U.S.C. 1437f), (in this section referred to as
the ``1937 Act'') for capital advance projects,
including new project-based rental assistance
contracts under section 8 of the 1937 Act for
capital advance projects notwithstanding
subsections (b) and (c) of section 202 of the
Act (12 U.S.C. 1701q) and section 8 of the 1937
Act (42 U.S.C. 1437f), with the Secretary
setting the terms of such project-based rental
assistance contracts, including the duration
and provisions regarding rent setting and rent
adjustment; and
(C) for service coordinators;
(2) $15,000,000, to provide technical assistance to
support State-level efforts to improve the design and
delivery of voluntary supportive services for residents
of any housing assisted under the Act and other housing
supporting low-income older adults, in order to support
residents to age-in-place and avoid institutional care,
as well as to assist applicants and potential
applicants with project-specific design; and the
Secretary may use up to 10 percent of such amounts made
available under this paragraph to increase prior awards
to existing technical assistance providers to provide
an immediate increase in capacity building and
technical assistance; and
(3) $125,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Supportive Housing for the Elderly
program generally, including information technology,
financial reporting, research and evaluation, other
cross-program costs in support of programs administered
by the Secretary in this title, and other costs; the
Secretary may transfer and merge amounts appropriated
under this paragraph to section 40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Waivers.--The Secretary may waive or specify alternative
requirements for any provision of section 202 of the Act (12
U.S.C. 1701q), section 8 of the 1937 Act (42 U.S.C. 1437f), or
regulation that the Secretary administers that is applicable to
such statutes other than requirements related to fair housing,
nondiscrimination, labor standards, and the environment, upon a
finding that the waiver or alternative requirement is necessary
to facilitate the use of amounts made available under this
section.
(c) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40006. IMPROVING ENERGY EFFICIENCY OR WATER EFFICIENCY OR CLIMATE
RESILIENCE OF AFFORDABLE HOUSING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $5,314,000,000 for providing direct loans, which
may be forgivable, and grants, subject to terms and
conditions, including affordability requirements,
determined by the Secretary, to fund projects that
improve the energy or water efficiency, implement low-
emission technologies, materials, or processes,
including zero-emission electricity generation, energy
storage, or building electrification, electric car
charging station installations, or address climate
resilience of multifamily properties;
(2) $76,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section, including information technology, financial
reporting, research and evaluation, other cross-program
costs in support of programs administered by the
Secretary in this title, and other costs; and the
Secretary may transfer and merge amounts appropriated
under this paragraph to section 40301;
(3) $360,000,000 for expenses of contracts
administered by the Secretary, including to carry out
property climate risk, energy, or water assessments,
due diligence, and underwriting functions for such
grant and direct loan program; and
(4) $250,000,000 for energy and water benchmarking of
properties eligible to receive grants or loans under
this section, regardless of whether they actually
received such grants, along with associated data
analysis and evaluation at the property and portfolio
level, including the development of information
technology systems necessary for the collection,
evaluation, and analysis of such data.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Eligible Recipients.--Amounts made available under this
section shall be for direct loans, grants, and direct loans
that can be converted to grants to properties receiving
project-based assistance pursuant to section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q), section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013), or
section 8(b) of the United States Housing Act of 1937 (42
U.S.C. 1437f(b)).
(c) Costs.--The costs of direct loans provided under this
section, including the cost of modifying such direct loans or
converting direct loans into grants, shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a).
(d) Waiver.--The Secretary may waive or specify alternative
requirements for any provision of section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q), section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), or any regulation applicable to such statutes other
than requirements related to tenant rights and protections,
rent setting, fair housing, nondiscrimination, labor standards,
and the environment, upon a finding that the waiver or
alternative requirement is necessary to facilitate the use of
such amounts.
SEC. 40007. REVITALIZATION OF DISTRESSED MULTIFAMILY PROPERTIES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated--
(1) $3,870,000,000 for providing direct loans, which
may be forgivable, to owners of distressed properties
for the purpose of making necessary physical
improvements, including to subsidize gross obligations
for the principal amount of direct loans not to exceed
$6,000,000,000, subject to the terms and conditions in
subsection (b); and
(2) $130,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Office of Housing programs generally,
including information technology, financial reporting,
research and evaluations, other cross-program costs in
support of programs administered by the Secretary in
this title, and other costs; the Secretary may transfer
and merge amounts appropriated under this paragraph to
section 40301.
Amounts appropriated by this section shall remain available
until September 30, 2031
(b) Loan Terms and Conditions.--
(1) Eligibility.--Owners of distressed multifamily
housing projects who meet each of the following
requirements shall be eligible for loan assistance
under this section:
(A) The actual rents received by the owner of
the distressed property would not adequately
sustain the debt needed to make necessary
physical improvements.
(B) Any such additional eligibility criteria
as the Secretary determines to be appropriate,
including factors that contributed to the
property's distressed state.
(2) Use of loan funds.--Each recipient of loan
assistance under this section may only use such loan
assistance to make necessary physical improvements to a
distressed property.
(3) Loan availability.--The Secretary shall only
provide loan assistance to an owner of a distressed
property when such assistance, considered with other
financial resources available to the owner, is
necessary to remove the property from a distressed
state. The Secretary may provide assistance in any
amount that the Secretary determines is needed to make
the necessary physical improvements that will correct
the deficiencies of the distressed property.
(4) Interest rates and length.--Loans provided under
this section shall bear interest at 1 percent, and at
origination shall have a repayment period coterminous
with the affordability period established under
paragraph (5), with the frequency and amount of
repayments to be determined by requirements established
by the Secretary.
(5) Loan modifications or forgiveness.--With respect
to loans provided under this section, the Secretary may
take any of the following actions if the Secretary
determines that doing so will preserve affordability of
the property:
(A) Waive any due on sale or due on
refinancing restriction.
(B) Consent to the terms of new owner debt to
which the loans may be subordinate, even if
such new debt would impact the rate of
repayment of the loans.
(C) Extend the term of the loan.
(D) Forgive the loan in whole or in part.
(6) Extended affordability period.--Each recipient of
loan assistance under this section shall agree to an
extended affordability period for the property that is
subject to the loan by extending any existing
affordable housing use agreements for an additional 30
years or, if the property is not currently subject to a
use agreement establishing affordability requirements,
by establishing a use agreement for 30 years.
(7) Matching contribution.--Each recipient of loan
assistance under this section shall secure at least 20
percent of the total cost needed to make the necessary
physical improvements from non-Federal sources other
than under this section, except in cases where the
Secretary determines that a lack of financial resources
qualifies a loan recipient for--
(A) a reduced contribution below 20 percent;
or
(B) an exemption to the matching contribution
requirement.
(8) Additional loan conditions.--The Secretary may
establish additional conditions for loan eligibility
provided under this section as the Secretary determines
to be appropriate.
(9) Properties insured under national housing act.--
In the case of a loan issued under this section that is
secured by a property with insurance under title II of
the National Housing Act (12 U.S.C. 1707 et seq.), the
Secretary may use funds available under this section as
necessary to pay for the costs of modifying such loan
in accordance with section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a).
(10) Costs.--The costs of direct loans provided under
this section, including the cost of modifying such
direct loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a).
(c) Definitions.--As used in this section--
(1) the term ``multifamily housing project'' means a
project consisting of more than four dwelling units
assisted, insured, or with a loan held by the Secretary
or a State or State agency in part or in whole pursuant
to--
(A) section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), not including
under subsection (o)(13) of such section;
(B) section 202 of the Housing Act of 1959
(12 U.S.C. 1701q), as amended by section 801 of
the Cranston-Gonzalez National Affordable
Housing Act;
(C) section 202 of the Housing Act of 1959
(former 12 U.S.C. 1701q), as such section
existed before the enactment of the Cranston-
Gonzalez National Affordable Housing Act;
(D) section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C.
8013); or
(E) section 236 of the National Housing Act
(12 U.S.C. 1715z-1);
(2) the term ``distressed property''? means a
multifamily housing project that has deficiencies that
cause the property to be at risk of physical
obsolescence or economic non-viability;
(3) the term ``Secretary''? means the Secretary of
Housing and Urban Development; and
(4) the term ``necessary physical improvements''
means capital improvements that the Secretary
determines are necessary to address the conditions
making a property a distressed property or that rise to
such a level that delaying physical improvements to the
property would be detrimental to the longevity of the
property as suitable housing for occupancy.
(d) Implementation.--The Secretary shall have the authority
to issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40008. INVESTMENTS IN RURAL RENTAL HOUSING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Agriculture (in this section referred to as the ``Secretary'')
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated--
(1) $4,360,000,000, to remain available until
expended, for carrying out new construction,
improvements to energy and water efficiency or climate
resilience, the removal of health and safety hazards,
and the preservation and revitalization of housing
authorized under sections 514, 515, and 516 of the
Housing Act of 1949 (42 U.S.C. 1484, 1485, and 1486)),
subject to the terms and conditions in subsection (b);
(2) $200,000,000, to remain available until September
30, 2024, to provide grants under section 521(a)(2) of
the Housing Act of 1949 (42 U.S.C. 1490a(a)(2)) or
agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949 (42
U.S.C. 1472(c)(5)(D)), to provide continued assistance
to households assisted pursuant to Section 3203 of the
American Rescue Plan Act of 2021; and
(3) $240,000,000, to remain available until expended,
for the costs to the Secretary of administering and
overseeing the implementation of this section,
including information technology, financial reporting,
research and evaluations, other cross-program costs in
support of programs administered by the Secretary in
this title, and other costs.
(b) Preservation and Revitalization Terms and Conditions.--
(1) Loans and grants and other assistance.--The
Secretary shall provide direct loans and grants,
including the cost of modifying loans, as defined in
section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), to restructure existing Department of
Agriculture multi-family housing loans expressly for
the purposes of ensuring the project has sufficient
resources to preserve the project for the purpose of
providing safe and affordable housing for low-income
residents and farm laborers, including--
(A) reducing or eliminating interest;
(B) deferring loan payments;
(C) subordinating, reducing, or re-amortizing
loan debt; and
(D) providing other financial assistance,
including advances, payments, and incentives
(including the ability of owners to obtain
reasonable returns on investment) required by
the Secretary, including such assistance to
non-profit entities and public housing
authorities.
(2) Restrictive use agreement.--The Secretary shall
as part of the preservation and revitalization
agreement obtain a restrictive use agreement consistent
with the terms of the restructuring.
(c) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40009. HOUSING VOUCHERS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $48,460,000,000 for--
(A) incremental tenant-based rental
assistance for extremely low-income families
under section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o));
(B) renewals of such tenant-based rental
assistance; and
(C) fees for the costs of administering
tenant-based rental assistance and other
eligible expenses, as determined by the
Secretary, such as security deposit assistance
and other costs related to the retention and
support of participating owners;
(2) $24,000,000,000 for--
(A) incremental tenant-based rental
assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o))
for households experiencing or at risk of
homelessness, survivors of domestic violence,
dating violence, sexual assault, and stalking,
and survivors of trafficking families;
(B) renewals of such tenant-based rental
assistance; and
(C) fees for the costs of administering
tenant-based rental assistance and other
eligible expenses, as determined by the
Secretary, such as security deposit assistance
and other costs related to the retention and
support of participating owners;
(3) $500,000,000 for--
(A) tenant protection vouchers for relocation
and replacement of public housing units
demolished or disposed of pursuant to section
18 of the United States Housing Act of 1937 (42
U.S.C. 1437p) as part of a public housing
preservation or project-based replacement
transaction using funds made available under
this Act;
(B) renewals of such tenant-based rental
assistance; and
(C) fees for the costs of administering
tenant-based rental assistance and other
eligible expenses, as determined by the
Secretary, such as security deposit assistance
and other costs related to the retention and
support of participating owners;
(4) $750,000,000 for competitive grants, subject to
terms and conditions determined by the Secretary, to
public housing agencies for mobility-related services
for voucher families, including families with children,
and service coordination;
(5) $500,000,0000 for eligible expenses to facilitate
the use of voucher assistance under this section and
for other voucher assistance under section 8(o) of the
United States Housing Act of 1937, as determined by the
Secretary, including property owner outreach and
retention activities such as incentive payments,
security deposit payments and loss reserves, landlord
liaisons, and other uses of funds designed primarily--
(A) to recruit owners of dwelling units,
particularly dwelling units in census tracts
with a poverty rate of less than 20 percent, to
enter into housing assistance payment
contracts; and
(B) to encourage owners that enter into
housing assistance payment contracts as
described in subparagraph (A) to continue to
lease their dwelling units to tenants assisted
under section 8(o) of the United States Housing
Act of 1937;
(6) $750,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Housing Choice Voucher program
generally, including information technology, financial
reporting, research and evaluations, other cross-
program costs in support of programs administered by
the Secretary in this title, and other costs; and
(7) $40,000,000 for making new awards or increasing
prior awards to existing technical assistance providers
to provide an increase in capacity building and
technical assistance available to public housing
agencies, except that the Secretary may use not more
than 10 percent of the amount made available under this
paragraph to increase prior awards to existing
technical assistance providers to provide an immediate
increase in capacity building and technical assistance.
(b) Terms and Conditions.--
(1) Allocation.--The Secretary shall allocate initial
incremental assistance provided for rental assistance
under subsection (a)(1) and (2) in each fiscal year
commencing in 2022 and ending in 2026 in accordance
with a formula that includes measures of severe housing
need among extremely low-income renters and public
housing agency capacity, and ensures geographic
diversity among public housing agencies administering
the Housing Choice Voucher program.
(2) Election to administer.--The Secretary shall
establish a procedure for public housing agencies to
accept or decline the incremental vouchers made
available under this section.
(3) Failure to use vouchers promptly.--If a public
housing agency fails to lease the authorized vouchers
it has received under this subsection on behalf of
eligible families within a reasonable period of time,
the Secretary may offset the agency's voucher renewal
allocations or revoke and redistribute any unleased
vouchers and associated funds, including administrative
fees and other expenses referred to in subsections
(a)(3) and (a)(4), to other public housing agencies.
(4) Prohibition of use under moving to work
program.-- Public housing agencies designated as Moving
to Work agencies shall be eligible for an allocation
under this section, but may only use such amounts for
the activities listed in subsections (a) for which the
funds were provided to such agency.
(5) Cap on project-based vouchers for vulnerable
populations.--Upon request by a public housing agency,
the Secretary may designate a number of the public
housing agency's vouchers allocated under this section
as excepted units that do not count against the
percentage limitation on the number of authorized units
a public housing agency may project-base under section
8(o)(13)(B) of the United States Housing Act of 1937,
in accordance with the conditions established by the
Secretary. This paragraph may not be construed to
waive, limit, or specify alternative requirements, or
permit such waivers, limitations, or alternative
requirements, related to fair housing and
nondiscrimination, including the requirement to provide
housing and services to individuals with disabilities
in integrated settings.
(c) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40010. PROJECT-BASED RENTAL ASSISTANCE.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $14,760,000,000 for the project-based rental
assistance program, as authorized under section 8(b) of
the United States Housing Act of 1937 (42 U.S.C.
1437f(b)), (in this section referred to as the
``Act''), subject to the terms and conditions of
subsection (b) of this section;
(2) $40,000,000 for providing technical assistance to
recipients of or applicants for project-based rental
assistance or to States allocating the project-based
rental assistance; and
(3) $200,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the section 8 project-based rental
assistance program generally, including information
technology, financial reporting, research and
evaluations, and other cross-program costs in support
of programs administered by the Secretary in this
title, and other costs; and the Secretary may transfer
and merge amounts appropriated under this subparagraph
to section 40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Terms and Conditions.--
(1) Authority.--Notwithstanding section 8(a) the Act
(42 U.S.C. 1437f(a)), the Secretary may use amounts
made available under this section to provide assistance
payments with respect to newly constructed housing,
existing housing, or substantially rehabilitated non-
housing structures for use as new multifamily housing
in accordance with this section and the provisions of
section 8 of the Act. In addition, the Secretary may
use amounts made available under this section for
performance-based contract administrators for section 8
project-based assistance, for carrying out this section
and section 8 of the Act.
(2) Project-based rental assistance.--The Secretary
may make assistance payments using amounts made
available under this section pursuant to contracts with
owners or prospective owners who agree to construct
housing, to substantially rehabilitate existing
housing, to substantially rehabilitate non-housing
structures for use as new multifamily housing, or to
attach the assistance to newly constructed housing in
which some or all of the units shall be available for
occupancy by very low-income families in accordance
with the provisions of section 8 of the Act. In
awarding contracts pursuant to this section, the
Secretary shall give priority to owners or prospective
owners of multifamily housing projects located or to be
located in areas of high opportunity, as defined by the
Secretary, in areas experiencing economic growth or
rising housing prices to prevent displacement or secure
affordable housing for low-income households, or that
serve people at risk of homelessness or that integrate
additional units that are accessible for persons with
mobility impairments and persons with hearing or visual
impairments beyond those required by applicable Federal
accessibility standards.
(3) Allocation.--The Secretary may use various
mechanisms, alone or in combination, to award grants
with amounts made available under this section,
including--
(A) using a competitive process, which the
Secretary may carry out in multiple rounds of
competition, each of which may have its own
selection, performance, and reporting criteria
as established by the Secretary;
(B) selecting proposals submitted through FHA
loan applications that meet specified criteria;
(C) delegating to States and territories the
awarding of contracts, including related
determinations such as the maximum monthly
rent, subject to the requirements of section 8
of the Act, as determined by the Secretary; and
(D) using any other means that the Secretary
determines to be reasonable to accomplish the
purposes of this section.
(4) Contract term, rent setting, and rent
adjustments.--The Secretary may set the terms of the
contract, including the duration and provisions
regarding rent setting and rent adjustments.
(c) Waivers.--The Secretary may waive or specify alternative
requirements for any provision of section 8 of the Act (42
U.S.C. 1437f) or regulation that the Secretary administers that
is applicable to such statute other than requirements related
to tenant rights and protections, rent setting, fair housing,
nondiscrimination, labor standards, and the environment, upon a
finding that the waiver or alternative requirement is necessary
to expedite or facilitate the use of amounts made available
under this section.
(d) Implementation.--The Secretary shall have the authority
to issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40011. INVESTMENTS IN NATIVE AMERICAN COMMUNITIES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $784,375,000 for grants under title I of the
Native American Housing Assistance and Self-
Determination Act of 1996 (in this section referred to
as ``NAHASDA'') (25 U.S.C. 4101 et seq.) , and the
Secretary shall distribute such amount according to the
same funding formula used in fiscal year 2021;
(2) $7,000,000 for grants under title VIII of NAHASDA
(25 U.S.C. 4221 et seq.);
(3) $784,375,000 for competitive grants to eligible
recipients authorized under title I of NAHASDA (25
U.S.C. 4111 et seq.), which may be used for--
(A) new construction and rehabilitation of
affordable housing;
(B) improving water or energy efficiency or
increasing resilience to natural hazards for
housing assisted by amounts made available
under this subsection; or
(C) ) other eligible affordable housing
activities under NAHASDA;
(4) $334,250,000 for--
(A) competitive single-purpose Indian
community development block grants for Indian
tribes under title I of the Housing and
Community Development Act of 1974 (42 U.S.C.
5301 et seq.); and
(B) imminent threat grants under title I of
the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.) for Indian
tribes, or a tribal organization, governmental
entity, or nonprofit organization designated by
the Indian tribe to apply for a grant on its
behalf, which may be used to--
(i) address environmental threats,
including long-term environmental
threats;
(ii) assist Indian tribes with
relocating a portion of or entire
communities due to changes to the local
environment; or
(iii) assist Indian tribes with
addressing other threats to health and
safety;
(5) $50,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and Native American programs generally,
including information technology, financial reporting,
research and evaluations, other cross-program costs in
support of programs administered by the Secretary in
this Act, and other costs; and
(6) $40,000,000 to make new awards or increase prior
awards to existing technical assistance providers to
provide an immediate increase in capacity building and
technical assistance to grantees; and the Secretary may
use not more than 10 percent of the amount under this
paragraph to increase prior awards to existing
technical assistance providers to provide an immediate
increase in capacity building and technical assistance.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Grantee Eligibility.--Notwithstanding any other provision
of this section, of NAHASDA (25 U.S.C. 4101 et seq.), or of the
provisions of title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq) applicable to the Indian
community development block grant program, an Indian tribe
shall be ineligible to receive grants with amounts made
available under this section if the Secretary determines that
the Indian tribe is not in compliance with obligations under
its 1866 treaty with the United States as it relates to the
inclusion of persons who are lineal descendants of Freedmen as
having the rights of the citizens of such tribes, unless a
Federal court has issued a final order that determines the
treaty obligations with respect to including Freedmen as
citizens. For purposes of this subsection, a court order is not
considered final if time remains for an appeal or application
for discretionary review with respect to the order.
(c) Preliminary Funding.--
(1) Use of imminent threat grant amounts.--Of any
amounts made available in subsection (a)(4)(B), and in
consultation with the Department of the Interior, the
Secretary may award preliminary grants of up to
$2,000,000 each to applicants that have applied for a
grant under subsection (a)(4)(B) before making a final
determination as to whether to award a grant under
subsection (a)(4)(B) to such applicant.
(2) Need and capacity.--Prior to awarding a
preliminary grant under this subsection, the Secretary
must determine, based on a preliminary assessment of
need and administrative capacity, that the applicant is
likely able to carry out the grant successfully but
would need additional administrative and planning
resources to develop a comprehensive implementation
plan and additional administrative capacity in order to
successfully administer a grant under subsection
(a)(4)(B).
(3) Eligible activities.--Such preliminary grants
shall be used for eligible program activities, as
defined by the Secretary, that the Secretary determines
will allow the applicant to successfully implement the
grant.
(4) Inapplicability.--Such preliminary grants are not
subject to administrative and planning caps.
(5) Funding determinations.--The determination of
whether to award a final grant under subsection
(a)(4)(B) to an applicant after preliminary funding was
granted to an applicant shall not be subject to review.
(d) Reallocation.--Amounts made available under subsection
(a)(1) that are not accepted within a time specified by the
Secretary, are voluntarily returned, or are otherwise
recaptured for any reason may be used to fund grants under
paragraph (3) or (4) of subsection (a).
(e) Waivers.--The Secretary may waive or specify alternative
requirements for any provision of NAHASDA (25 U.S.C. 4101 et
seq.), title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq), or regulation that the Secretary
administers that is applicable to such statutes other than
requirements related to fair housing, nondiscrimination, labor
standards, and the environment, upon a finding that the waiver
or alternative requirement is necessary to expedite or
facilitate the use of amounts made available under this
section.
(f) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
Subtitle B--21st Century Sustainable and Equitable Communities
SEC. 40101. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR AFFORDABLE
HOUSING AND INFRASTRUCTURE.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $6,600,000,000 for grants to grantees under
section 106 of the Housing and Community Development
Act of 1974 (42 U.S.C.5306) under the community
development block grant program under title I of such
Act, subject to subsection (b) of this section, except
that for purposes of amounts made available by this
paragraph, paragraph (2) of such section 106(a) shall
be applied by substituting ``$70,000,000'' for
``$7,000,000'';
(2) $1,000,000,000 for assistance to community
development block grant grantees, as determined by the
Secretary, under section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5306),
only for colonias, to address the community and housing
infrastructure needs of existing colonia residents
based on a formula that takes into account persons in
poverty in the colonia areas, except that grantees may
use funds in colonias outside of the 150-mile border
area upon approval of the Secretary;
(3) $500,000,000 for grants under the community
development block grant program under title I of the
Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) to eligible recipients under
subsection (d) of this section for manufactured housing
infrastructure improvements in eligible manufactured
home communities;
(4) $300,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section, the Community Development Block Grant program,
and the manufactured home construction and safety
standards program generally, including information
technology, financial reporting, research and
evaluations, fair housing compliance, other cross-
program costs in support of programs administered by
the Secretary in this title, and other costs; and the
Secretary may transfer and merge amounts set aside
under this paragraph to section 40301; and
(5) $100,000,000 for providing technical assistance
to recipients of or applicants for grants under this
section.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Housing Construction.--Expenditures on new construction
of housing shall be an eligible expense for a recipient of
funds made available under this section that is not a recipient
of funds under title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 42 U.S.C. 12721 et seq.).
(c) Manufactured Housing Community Improvement Grant
Program.--
(1) Establishment.--The Secretary of Housing and
Urban Development shall carry out a competitive grant
program to award funds appropriated under subsection
(a)(4) to eligible recipients to carry out eligible
projects for improvements in eligible manufactured home
communities.
(2) Eligible projects.--Amounts from grants under
this subsection shall be used only to assist in
carrying out a project for construction,
reconstruction, repair, or clearance of housing,
facilities and improvements in or serving a
manufactured housing community that--
(A) is critically needed to protect the
health and safety of the residents of the
manufactured housing community and the long-
term sustainability of the community;
(B) can be commenced expeditiously assisted
by a grant under this subsection; and
(C) includes activities--
(i) eligible under the community
development block grant program under
title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301
et seq.);
(ii) to facilitate installation,
including foundation construction for
new manufactured homes, as defined in
section 603 of the National
Manufactured Construction and Safety
Standards Act of 1974 (42 U.S.C. 5402)
and regulated under associated
regulations, and previously sold
certified manufactured homes; or
(iii) to mitigate flood risk.
(3) Criteria.--The Secretary shall prioritize awards
under this section by the extent to which the project
will assist low-income families and preserve long-term
housing affordability for residents of an eligible
manufactured home community.
(d) Waivers.--The Secretary may waive or specify alternative
requirements for any provision of title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) or
regulation that the Secretary administers in connection with
use of amounts made available under this section other than
requirements related to fair housing, nondiscrimination, labor
standards, and the environment, upon a finding that the waiver
or alternative requirement is necessary to expedite or
facilitate the use of amounts made available under this
section.
(e) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Colonia area.--The term ``colonia area'' means
any census tract that--
(A) is an area of the United States within
150 miles of the contiguous border between the
United States and Mexico, except as otherwise
determined by the Secretary; and
(B) lacks potable water supply, adequate
sewage systems, and lack of decent, safe,
sanitary housing, and other objective criteria
as approved by the Secretary.
(2) Eligible manufactured home community.--The term
``eligible manufactured home community'' means a
community that--
(A) meets the affordable housing safe harbor
requirements of the Internal Revenue Service
under section 601.201 of title 26, Code of
Federal Regulations; and
(B)(i) is owned by the residents of the
manufactured housing community through a
resident-controlled entity, as defined by the
Secretary, in which at least two-thirds of
residents are member-owners of the land-owning
entity; or
(ii) the Secretary otherwise determines is
subject to such binding agreements as are
necessary to ensure that the manufactured
housing community will be maintained as such a
community, and affordable for low-income
families (as such term is defined in section
104 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704)), on a
long-term basis.
(3) Eligible recipient.--The term ``eligible
recipient'' means a partnership of--
(A) a grantee under section 106 of the
Housing and Community Development Act of 1974
(42 U.S.C.5306); and
(B) an eligible manufactured home community,
a nonprofit entity, or a consortia of nonprofit
entities working with an eligible manufactured
home community.
(4) Manufactured home community.--The term
``manufactured home community'' means any community,
court, or park equipped to accommodate manufactured
homes for which pad sites, with or without existing
manufactured homes or other allowed homes, or other
suitable sites, are used primarily for residential
purposes, with any additional requirements as
determined by the Secretary, including any manufactured
housing community as such term is used for purposes of
the program of the Federal National Mortgage
Association for multifamily loans for manufactured
housing communities and the program of the Federal Home
Loan Mortgage Corporation for loans for manufactured
housing communities.
(f) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40102. LEAD-BASED PAINT HAZARD CONTROL AND HOUSING-RELATED HEALTH
AND SAFETY HAZARD MITIGATION IN HOUSING OF FAMILIES
WITH LOWER INCOMES.
(a) Appropriation.--In addition to amounts otherwise made
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $6,430,000,000 for grants to States, units of
general local government, Indian tribes or their
tribally designated housing entities, and nonprofit
organizations for the activities under subsection (c)
in target housing units, and common areas servicing
such units, where low-income families reside or are
expected to reside that is not public housing, housing
assisted by project-based rental assistance under
section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f), including under subsection (o)(13) of
such section, nor housing assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q) or section
811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013);
(2) $500,000,000 for grants to State or local
governments or nonprofit entities for the activities in
subsection (c) in target housing units, and common
areas servicing such units, that are being assisted
under the Weatherization Assistance Program authorized
under title IV of the Energy Conservation and
Production Act (42 U.S.C. 6851 et seq.) but are not
public housing, housing assisted by project-based
rental assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), including under
subsection (o)(13) of such section, nor housing
assisted under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q) or section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8013);
(3) $2,000,000,000 for grants to owners of a property
receiving project-based rental assistance under section
8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), including under subsection (o)(13) of such
section, that meets the definition of target housing
and that has not received a grant for similar purposes
under this Act for the activities in subsection (c),
except subsection (c)(2), in target housing units
receiving such assistance and common areas servicing
such units;
(4) $810,000,000 for costs related to training and
technical assistance to support identification and
mitigation of lead and housing-related health and
safety hazards, research, and evaluation related to
activities under this section; and
(5) $260,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section, and the Secretary's lead hazard reduction and
related programs generally including information
technology, financial reporting, research and
evaluations, other cross-program costs in support of
programs administered by the Secretary in this Act, and
other costs; the Secretary may transfer and merge
amounts appropriated under this paragraph to section
40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Terms and Conditions.--
(1) Income eligibility determinations.--
Notwithstanding any inconsistent requirements, the
Secretary may make income determinations of eligibility
for enrollment of housing units for grants awarded
under--
(A) subsection (a)(1) using criteria under
title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et
seq.), title II of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C.
12701 et seq.), section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), title IV
of the Energy Conservation and Production Act
(42 U.S.C. 6851 et seq.), section 2605 of the
Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8624), or section 2044 of title 38,
United States Code, as determined appropriate
by the Secretary;
(B) subsection (a)(2) using criteria under
section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) or title IV of the
Energy Conservation and Production Act (42
U.S.C. 6851 et seq.).
(2) Housing families with young children.--An owner
of rental property that receives assistance under
subsection (a)(3) shall give priority in renting units
for which the lead-based paint has been abated pursuant
to subsection (a)(3), for not less than 3 years
following the completion of lead abatement activities,
to families with a child under the age of 6 years.
(3) Administrative expenses.--A recipient of a grant
under this section may use up to 10 percent of the
grant for administrative expenses associated with the
activities funded by this section.
(c) Eligible Activities.--Grants awarded under this section
shall be used for--
(1) abatement of lead-based paint in target housing;
(2) interim controls of lead-based paint hazards in
target housing;
(3) lead-based paint inspections;
(4) lead risk assessments;
(5) lead hazard control clearance examinations;
(6) testing for housing-related health and safety
hazards;
(7) mitigation of housing-related health and safety
hazards, including lead faucets, fixtures, and interior
lines;
(8) technical assistance;
(9) providing work practices training to local
residents;
(10) outreach and engagement with community
stakeholders, including stakeholders in disadvantaged
communities;
(11) capacity building;
(12) program evaluation and research;
(13) environmental reviews; or
(14) activities that directly or indirectly support
the work under this section, as applicable, that
without which such activities could not be conducted.
(d) Environmental Review.--For purposes of environmental
review pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law that
further the purposes of such Act, a grant under subsection (a)
of this section shall be considered funds for a special project
for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994 (42 U.S.C. 3547),
provided that references in such section 305(c) to ``State or
unit of general local government'' shall be deemed to include
Indian tribes.
(e) Definitions.--For purposes of this section, the following
definitions, and definitions in section 1004 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
4851b), shall apply:
(1) Nonprofit; nonprofit organization.--The terms
``nonprofit'' and ``nonprofit organization'' mean a
corporation, community chest, fund, or foundation not
organized for profit, but organized and operated
exclusively for religious, charitable, scientific,
testing for public safety, literary, or educational
purposes; or an organization not organized for profit
but operated exclusively for the promotion of social
welfare.
(2) Public housing; public housing agency; low-income
family.--The terms ``public housing'', ``public housing
agency'', and ``low-income family'''' have the same
meaning given such terms in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(3) Tribally designated housing entity; indian
tribe.--The terms ``tribally designated housing
entity'' and ``Indian tribe'' have the same meaning
given such terms in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103).
(4) Unit of general local government.--The term
``unit of general local government'' has the same
meaning given such term in section 102 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302).
(f) Implementation.--The Secretary shall have the authority
to issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40103. UNLOCKING POSSIBILITIES PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated--
(1) $4,260,000,000 for awarding planning grants under
this section to develop and evaluate housing policy
plans and substantially improve housing strategies;
(2) $20,000,000 for research and evaluation related
to housing policy planning and other associated costs;
(3) $70,000,000 to provide technical assistance to
grantees or applicants for grants made available by
this section; and
(4) $150,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section, including information technology, financial
reporting, research and evaluations, fair housing
compliance, and other cross-program costs in support of
programs administered by the Secretary in this title;
the Secretary may transfer and merge amounts
appropriated under this paragraph to section 40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Program Establishment.--The Secretary of Housing and
Urban Development shall establish a competitive grant program
for--
(1) planning grants to develop and evaluate housing
policy plans and substantially improve housing
strategies;
(2) streamlining regulatory requirements and shorten
processes, reform zoning codes, or other initiatives
that reduce barriers to housing supply elasticity and
affordability;
(3) developing and evaluating local or regional plans
for urban development to substantially improve urban
development strategies related to sustainability, fair
housing, and location efficiency;
(4) implementation and livable community investment
grants; and
(5) research and evaluation.
(c) Grants.--
(1) Planning grants.--The Secretary shall, under
selection criteria determined by the Secretary, award
grants under this paragraph on a competitive basis to
eligible entities to finance planning activities,
including engagement with community stakeholders and
housing practitioners, to--
(A) develop housing policy plans;
(B) substantially improve State or local
housing strategies;
(C) develop new regulatory requirements and
processes, reform zoning codes, or undertake
other initiatives to reduce barriers to housing
supply elasticity and affordability;
(D) develop local or regional plans for urban
development; and
(E) substantially improve urban development
strategies, including strategies to increase
availability and access to affordable housing,
to further access to public transportation or
to advance other sustainable or location-
efficient urban development goals.
(2) Implementation and livable community investment
grants.--The Secretary shall award implementation
grants under this paragraph on a competitive basis to
eligible entities for the purpose of implementing--
(A) completed housing strategies and housing
policy plans and any planning to affirmatively
further fair housing within the meaning of
subsections (d) and (e) of section 808 of the
Fair Housing Act (42 U.S.C. 608) and applicable
regulations and for community investments that
support the goals identified in such housing
strategies or housing policy plans;
(B) new regulatory requirements and
processes, reformed zoning codes, or other
initiatives to reduce barriers to housing
supply elasticity and affordability that are
consistent with a plan under subparagraph (A);
(C) completed local or regional plans for
urban development and any planning to increase
availability and access to affordable housing,
access to public transportation and other
sustainable or location-efficient urban
development goals.
(d) Coordination With FTA Administrator.--To the extent
practicable, the Secretary shall coordinate with the Federal
Transit Administrator in carrying out this section.
(e) Definitions.--For purposes of this section, the following
definitions apply:
(1) Eligible entity.--The term ``eligible entity''
means--
(A) a State, insular area, metropolitan city,
or urban county, as such terms are defined in
section 102 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302); or
(B) for purposes of grants under subsection
(b)(1), a regional planning agency or
consortia.
(2) Housing policy plan; housing strategy.--
(A) Housing policy plan.--The term ``housing
policy plan'' means a plan of an eligible
entity to, with respect to the area within the
jurisdiction of the eligible entity--
(i) match the creation of housing
supply to existing demand and projected
demand growth in the area, with
attention to preventing displacement of
residents, reducing the concentration
of poverty, and meaningfully reducing
and not perpetuating housing
segregation on the basis of race,
color, religion, natural origin, sex,
disability, or familial status;
(ii) increase the affordability of
housing in the area, increase the
accessibility of housing in the area
for people with disabilities, including
location-efficient housing, and
preserve or improve the quality of
housing in the area;
(iii) reduce barriers to housing
development in the area, with
consideration for location efficiency,
affordability, and accessibility; and
(iv) coordinate with the metropolitan
transportation plan of the area under
the jurisdiction of the eligible
entity, or other regional plan.
(B) Housing strategy.--The term ``housing
strategy'' means the housing strategy required
under section 105 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C.
12705).
(f) Costs to Grantees.--Up to 15 percent of a recipient's
grant may be used for administrative costs.
(g) Rules of Construction.--
(1) In general.-- Except as otherwise provided by
this section, amounts appropriated or otherwise made
available under this section shall be subject to the
community development block grant program requirements
under title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.).
(2) Exceptions.--
(A) Housing construction.--Expenditures on
new construction of housing shall be an
eligible expense under this section.
(B) Buildings for general conduct of
government .--Expenditures on building for the
general conduct of government, other than the
Federal Government, shall be eligible under
this section when necessary and appropriate as
a part of a natural hazard mitigation project.
(h) Waivers.--The Secretary may waive or specify alternative
requirements for any provision of title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) or
regulation for the administration of the amounts made available
under this section other than requirements related to fair
housing, nondiscrimination, labor standards, and the
environment, upon a finding that the waiver or alternative
requirement is necessary to expedite or facilitate the use of
amounts made available under this section.
(i) Implementation.--The Secretary shall have the authority
to issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40104. STRENGTHENING RESILIENCE UNDER NATIONAL FLOOD INSURANCE
PROGRAM.
(a) Program Debt.--
(1) Cancellation.--Subject only to paragraphs (2) and
(3) and notwithstanding any other provision of law, all
indebtedness of the Administrator of the Federal
Emergency Management Agency under any notes or other
obligations issued pursuant to section 1309(a) of the
National Flood Insurance Act of 1968 (42 U.S.C. 7
4016(a)) and section 15(e) of the Federal Insurance Act
of 1956 (42 U.S.C. 2414(e)), and outstanding as of the
date of the enactment of this Act, is hereby canceled,
the Administrator and the National Flood Insurance Fund
are relieved of all liability to the Secretary of the
Treasury under any such notes or other obligations,
including for any capitalized interest due under such
notes or other obligations and any other fees and
charges payable in connection with such notes and
obligations, and the total amount of notes and
obligations issued by the Administrator pursuant to
such section shall be considered to be reduced by such
amount for purposes of the limitation on such total
amount under such section.
(2) Use of savings.--Effective on and after October
1, 2031, the Administrator of the Federal Emergency
Management Agency shall use any savings accruing from
the cancellation of debt under paragraph (1), including
any amounts of interest payments avoided from such
cancellation, only for deposit in and use under the
National Flood Insurance Reserve Fund under section
1310A of the National Flood Insurance Act of 1968 (42
U.S.C. 4017A).
(3) Treatment of canceled debt.--The amount of the
indebtedness canceled under paragraph (1) may be
treated as a public debt of the United States.
(b) Flood Hazard Mapping and Risk Analysis.----In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Federal Emergency Management Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,000,000,000, to remain available
until expended, for necessary expenses for flood hazard mapping
and risk analysis, which shall be in addition to, and shall
supplement--
(1) amounts otherwise available for those purposes,
including amounts appropriated to the National Flood
Insurance Fund established under section 1310 of such
Act (42 U.S.C. 4017); and
(2) any funds provided to the Administrator by States
and local governments under section 1360(f)(2) of such
Act (42 U.S.C. 4101(f)(2)).
(c) Means-tested Assistance for National Flood Insurance
Program Policyholders.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator
of the Federal Emergency Management Agency for fiscal
year 2022, out of any money in the Treasury not
otherwise appropriated, $1,000,000,000, to remain
available until September 30, 2026, to carry out a
means-tested program under which the Administrator
provides assistance to eligible policyholders in the
form of graduated discounts for insurance costs with
respect to covered properties.
(2) Terms and conditions.--
(A) Discounts.--The Administrator shall use
funds provided under this subsection to
establish graduated discounts available to
eligible policyholders under this subsection,
with respect to covered properties, which may
be based on the following factors:
(i) The percentage by which the
household income of the eligible
policyholder is equal to, or less than,
120 percent of the area median income
for the area in which the property to
which the policy applies is located.
(ii) The number of eligible
policyholders participating in the
program authorized under this
subsection.
(iii) The availability of funding.
(iv) Any other factor that the
Administrator finds reasonable and
necessary to carry out the purposes of
this subsection
(B) Distribution of premium.--With respect to
the amount of the discounts provided under this
subsection in a fiscal year, and any
administrative expenses incurred in carrying
out this subsection for that fiscal year, the
Administrator shall, from amounts made
available to carry out this subsection for that
fiscal year, deposit in the National Flood
Insurance Fund established under section 1310
of the National Flood Insurance Act of 1968 (42
U.S.C. 4017) an amount equal to those discounts
and administrative expenses, except to the
extent that section 1310A of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017a) applies
to any portion of those discounts or
administrative expenses, in which case the
Administrator shall deposit an amount equal to
those amounts to which such section 1310A
applies in the National Flood Insurance Reserve
Fund established under such section 1310A.
(C) Requirement on timing.--Not later than 21
months after the date of the enactment of this
section, the Administrator shall issue interim
guidance to implement this subsection which
shall expire on the later of--
(i) the date that is 60 months after
the date of the enactment of this
section; or
(ii) the date on which a final rule
issued to implement this subsection
takes effect.
(3) Definitions.--In this subsection:
(A) Administrator.--The term
``Administrator'' means the Administrator of
the Federal Emergency Management Agency.
(B) Covered property.--The term ``covered
property'' means--
(i) a primary residential dwelling
designed for the occupancy of from 1 to
4 families; or
(ii) personal property relating to a
dwelling described in clause (i).
(C) Eligible policyholder.--The term
``eligible policyholder'' means a policyholder
with a household income that is not more than
120 percent of the area median income for the
area in which the property to which the policy
applies is located.
(D) Insurance costs.--The term ``insurance
costs'' means, with respect to a covered
property for a year--
(i) risk premiums and fees estimated
under section 1307 of the National
Flood Insurance Act of 1968 (42 U.S.C.
4014) and charged under section 1308 of
such Act (42 U.S.C. 4015);
(ii) surcharges assessed under
sections 1304 and 1308A of such Act (42
U.S.C. 4011, 4015a); and
(iii) any amount established under
section 1310A(c) of such Act (42 U.S.C.
4017a).
SEC. 40105. COMMUNITY RESTORATION AND REVITALIZATION FUND.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Community Restoration
and Revitalization Fund established under subsection (b) for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated--
(1) $5,700,000,000 for awards of planning and
implementation grants to eligible recipients to carry
out community-led projects to stabilize neighborhoods
and increase access to economic opportunity for
residents by creating equitable civic infrastructure
and creating or preserving affordable, accessible
housing;
(2) $500,000,000 for awards of grants to eligible
recipients to create, expand, and maintain community
land trusts and shared equity homeownership, including
through the acquisition, rehabilitation, and new
construction of affordable, accessible housing;
(3) $1,000,000,000 for the Secretary to provide
technical assistance, capacity building, program
support to applicants, potential applicants, and
recipients of amounts appropriated for grants under
this section; and
(4) $300,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section, including information technology, financial
reporting, research and evaluations, fair housing
compliance, and other cross-program costs in support of
programs administered by the Secretary in this title;
the Secretary may transfer and merge amounts
appropriated under this paragraph to section 40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Establishment of Fund.--The Secretary of Housing and
Urban Development (in this section referred to as the
``Secretary'') shall establish a Community Restoration and
Revitalization Fund (in this section referred to as the
``Fund'') to award planning and implementation grants on a
competitive basis to eligible recipients as defined in this
section for activities authorized under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
for community-led projects that create civic infrastructure to
support a community's social, economic, and civic fabric,
create fair, affordable and accessible housing opportunities,
prevent residential displacement, acquire and remediate
blighted properties, and promote quality job creation and
retention.
(c) Grants.--
(1) Geographical areas.--The Secretary shall award
grants from the Fund to eligible recipients within
geographical areas at the neighborhood, county, census
tract, or census tract level, including census tracts
adjacent to the project area that are areas in need of
investment, and that have at least two of the following
indicators:
(A) Dwelling unit sales prices that are lower
than the cost to acquire and rehabilitate, or
build, a new dwelling unit.
(B) High proportions of residential and
commercial properties that are vacant due to
foreclosure, eviction, abandonment, or other
causes.
(C) Low rates of homeownership.
(D) Disparities in racial and ethnic
homeownership rates.
(E) High and persistent rates of poverty.
(F) High rates of unemployment and
underemployment.
(G) Population at risk of displacement due to
rising housing costs.
(H) Historic population loss.
(I) Lack of private sector lending on fair
and competitive terms for individuals to
purchase homes or start small businesses.
(J) Other indicators of economic distress.
(d) Eligible Recipients and Applicants.--
(1) Eligible recipient.--An eligible recipient of a
grant under subsection (b)(1) shall be a local
partnership of a lead applicant and one or more joint
applicants with the ability to administer the grant. An
eligible recipient of a grant under subsection (b)(2)
shall be a lead applicant with the ability to
administer the grant, including a regional or national
nonprofit, that may include a joint applicant.
(2) Lead applicant.--An eligible lead applicant for a
grant awarded under this section shall be--
(A)(i) a nonprofit organization that--
(I) demonstrates a commitment to
anti-displacement efforts and has
expertise in community planning,
engagement, organizing, housing and
community development, or neighborhood
revitalization; and
(II) is located within or serves the
geographical area of the project or
that derives its mission and
operational priorities from the needs
of the geographical area of the
project; or
(ii) if the geographical area of the project
is located in any area where no such local
nonprofit organization exists, a national
nonprofit organization with such expertise;
(B) a community development corporation, that
is located within or serves the geographical
area of the project and can demonstrate a track
record of making investments in the
geographical area of the project, and
demonstrates a commitment to anti-displacement
efforts;
(C) a community housing development
organization, defined in section 104 of the
Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12704) or a community-based
development organization, that is located
within or serves the geographical area of the
project and experienced in neighborhood
revitalization, community-based economic
development, housing development activities,
and demonstrates a commitment to anti-
displacement efforts; or
(D) a community development financial
institution, as defined by section 103 of the
Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4702), that
is located within or serves the geographical
area of the project, demonstrates a commitment
to anti-displacement efforts, and has a track
record of making investments in the geographic
project area.
(3) Joint applicants.--A joint applicant shall be a
local, regional or national entity that is--
(A) an organization that qualifies as a lead
applicant;
(B) a unit of general local government, as
defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C.
5302);
(C) an Indian tribe, as defined in section
102 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302);
(D) a nonprofit organization;
(E) a community development corporation;
(F) an anchor institution;
(G) a State housing finance agency (as such
term is defined in section 106(h) of the
Housing and Urban Development Act of 1968 (12
U.S.C. 1701x(h))) or a related State agency;
(H) a land bank;
(I) a fair housing enforcement organization
(as such term is defined in section 561 of the
Housing and Community Development Act of 1987
(42 U.S.C. 3616a));
(J) a public housing agency (as such term is
defined in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)));
(K) a community development financial
institution, as defined by section 103 of the
Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4702); or
(L) a philanthropic organization.
(e) Eligible Uses.--
(1) In general.--Grants awarded under this section
may be used to support civic infrastructure and
housing-related activities. Projects must include at
least one civic infrastructure and at least one
housing-related activity.
(2) Planning grants.--Planning grants awarded under
this section may be used for civic infrastructure and
housing-related activities, including--
(A) fair housing planning, to affirmatively
further fair housing;
(B) planning to prevent displacement
especially of extremely-low, very-low, low- and
moderate-income homeowners, renters, and people
experiencing homelessness;
(C) community planning and outreach;
(D) neighborhood engagement with resident
leaders and community groups;
(E) pre-development activities;
(F) community engagement processes;
(G) market analysis;
(H) financial planning and feasibility; and
(I) site surveys.
(3) Implementation grants.--Implementation grants
awarded under this section may be used for activities
eligible under section 105 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305) and other
activities to support civic infrastructure and housing-
related activities, including--
(A) new construction of housing;
(B) demolition of abandoned or distressed
structures, but only if such activity is part
of a strategy that incorporates rehabilitation
or new construction, anti-displacement efforts
such as tenants' right to return and right of
first refusal to purchase, and efforts to
increase affordable, accessible housing and
homeownership, except that not more than 10
percent of any grant made under this section
may be used for activities under this
subparagraph unless the Secretary determines
that such use is to the benefit of existing
residents;
(C) facilitating the creation, maintenance,
or availability of rental units, including
units in mixed-use properties, affordable and
accessible to a household whose income does not
exceed 80 percent of the median income for the
area, as determined by the Secretary, for a
period of not less than 30 years;
(D) facilitating the creation, maintenance,
or availability of homeownership units
affordable and accessible to households whose
incomes do not exceed 120 percent of the median
income for the area, as determined by the
Secretary;
(E) establishing or operating land banks; and
(F) providing assistance to existing
residents experiencing economic distress or at
risk of displacement, including purchasing
nonperforming mortgages and clearing and
obtaining formal title.
(4) Community land trust grants.--An eligible
recipient of a community land trust grant awarded under
this section may use such grant for activities to
support civic infrastructure, including the production,
acquisition, and rehabilitation of housing for use in a
community land trust or shared equity homeownership
program, and expanding the capacity of the recipient to
carry out the grant.
(5) Costs of grantees.--Up to 20 percent of a
recipient's grant may be used for administrative costs.
(f) Rules of Construction.--Except as otherwise provided by
this section, amounts appropriated or otherwise made available
under this section shall be subject to the community
development block grant program requirements under title I of
the Housing and Community Development Act of 1974 (42 U.S.C.
5301 et seq.).
(g) Waivers.--The Secretary may waive or specify alternative
requirements for any provision of title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) or
regulation for the administration of the amounts made available
under this section other than requirements related to fair
housing, nondiscrimination, labor standards, and the
environment, upon a finding that the waiver or alternative
requirement is necessary to expedite or facilitate the use of
amounts made available under this section.
(h) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Anchor institution.--The term ``anchor
institution'' means a school, a library, a healthcare
provider, a community college or other institution of
higher education, museum or cultural institution, or
another community support organization or entity.
(2) Community land trust.--The term ``community land
trust''' means a nonprofit organization or State or
local governments or instrumentalities that--
(A) use a ground lease or deed covenant with
an affordability period of at least 30 years or
more to--
(i) make rental and homeownership
units affordable to households; and
(ii) stipulate a preemptive option to
purchase the affordable rentals or
homeownership units so that the
affordability of the units is preserved
for successive income-eligible
households; and
(B) monitor properties to ensure
affordability is preserved.
(3) Land bank.--The term ``land bank'' means a
government entity, agency, or program, or a special
purpose nonprofit entity formed by one or more units of
government in accordance with State or local land bank
enabling law, that has been designated by one or more
State or local governments to acquire, steward, and
dispose of vacant, abandoned, or other problem
properties in accordance with locally-determined
priorities and goals.
(4) Shared equity homeownership program.--The term
``shared equity homeownership program'' means a program
to facilitate affordable homeownership preservation
through a resale restriction program administered by a
community land trust, other nonprofit organization, or
State or local government or instrumentalities and that
utilizes a ground lease, deed restriction, subordinate
loan, or similar legal mechanism that includes
provisions ensuring that the program shall--
(A) maintain the home as affordable for
subsequent very low-, low-, or moderate-income
families for an affordability term of at least
30 years after recordation;
(B) apply a resale formula that limits the
homeowner's proceeds upon resale; and
(C) provide the program administrator or such
administrator's assignee a preemptive option to
purchase the homeownership unit from the
homeowner at resale.
SEC. 40106. FAIR HOUSING ACTIVITIES AND INVESTIGATIONS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $770,000,000 for the Fair Housing Initiatives
Program under section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a) to ensure
existing and new fair housing organizations have
expanded and strengthened capacity to address fair
housing inquiries and complaints, conduct local,
regional, and national testing and investigations,
conduct education and outreach activities, and address
costs of delivering or adapting services to meet
increased housing market activity and evolving business
practices in the housing, housing-related, and lending
markets. Amounts made available under this section
shall support greater organizational continuity and
capacity, including through up to 10-year grants; and
(2) $230,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Fair Housing Initiatives and Fair
Housing Assistance Programs generally, including
information technology, financial reporting, research
and evaluations, other cross-program costs in support
of programs administered by the Secretary in this
title, and other costs. The Secretary may transfer and
merge amounts set aside under this paragraph to section
40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40107. INTERGOVERNMENTAL FAIR HOUSING ACTIVITIES AND
INVESTIGATIONS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $184,000,000 for support for cooperative efforts
with State and local agencies administering fair
housing laws under section 817 of the Fair Housing Act
(42 U.S.C. 3616) to assist the Secretary to
affirmatively further fair housing, and for Fair
Housing Assistance Program cooperative agreements with
interim certified and certified State and local
agencies, under the requirements of subpart C of part
115 of title 24, Code of Federal Regulations, to ensure
expanded and strengthened capacity of substantially
equivalent agencies to assume a greater share of the
responsibility for the administration and enforcement
of fair housing laws; the Secretary may transfer and
merge amounts appropriated by this paragraph to section
40301; and
(2) $66,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Fair Housing Assistance and Fair
Housing Initiatives Programs generally, including
information technology, financial reporting, research
and evaluations, other cross-program costs in support
of programs administered by the Secretary in this
title, and other costs; the Secretary may transfer and
merge amounts appropriated by this paragraph to section
40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
Subtitle C--Homeownership Investments
SEC. 40201. FIRST-GENERATION DOWNPAYMENT ASSISTANCE.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the First Generation
Downpayment Fund established under subsection (b) for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated--
(1) $6,825,000,000 for the First-Generation
Downpayment Assistance Fund under this section for
allocation among States that the Secretary of Housing
and Urban Development has not found to be out of
compliance with the obligation to affirmatively further
fair housing, in accordance with a formula established
by the Secretary, which shall take into consideration
adult population size excluding homeowners, median area
home prices, and racial disparities in homeownership
rates, to carry out the eligible uses of the Fund as
described in subsection (c);
(2) $2,275,000,000 for the First-Generation
Downpayment Assistance Program under this section for
competitive grants to eligible entities that the
Secretary has not found to be out of compliance with
the obligation to affirmatively further fair housing,
to carry out the eligible uses of the Fund as described
in subsection (d);
(3) $500,000,000 for the costs of providing housing
counseling required under the First-Generation
Downpayment Assistance Program under subsection (c)(1);
and
(4) $400,000,000 for the costs to the Secretary of
administering and overseeing the implementation of the
First-Generation Downpayment Assistance Program,
including information technology, financial reporting,
programmatic reporting, ensuring fair housing and fair
lending compliance, research and evaluations, technical
assistance to recipients of amounts under this section,
and other cross-program costs in support to programs
administered by the Secretary in this Act, and other
costs; the Secretary may transfer and merge accounts
set aside under this clause to section 40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Establishment.--The Secretary of Housing and Urban
Development shall establish and manage a fund to be known as
the First Generation Downpayment Fund (in this section referred
to as the ``Fund'') for the uses set forth in subsection (d).
(c) Allocation of Funds.--
(1) Initial allocation.--The Secretary shall allocate
and award funding provided by subsection (a) as
provided under such subsection not later than 12 months
after the date of the enactment of this section.
(2) Reallocation of funds.--If a State or eligible
entity does not demonstrate the capacity to expend
grant funds provided under this section, the Secretary
shall reallocate the grant funds of such grantee among
States and eligible entities that demonstrate to the
Secretary the capacity to expend such amounts and that
are satisfactorily meeting the goals of this section.
(d) Terms and Conditions of Grants Allocated or Awarded From
Fund.--
(1) Uses of funds.--States and eligible entities
receiving grants from the Fund shall--
(A) use such grants to provide assistance on
behalf of a qualified homebuyer who has
completed a program of housing counseling
before entering into a sales purchase
agreement, as the Secretary shall require,
provided through a housing counseling agency
approved by the Secretary for--
(i) costs in connection with the
acquisition, involving an eligible
mortgage loan, of an eligible home,
including downpayment costs, closing
costs, and costs to reduce the rates of
interest on eligible mortgage loans;
(ii) subsidies to make shared equity
homes affordable to eligible homebuyers
by discounting the price for which the
home will be sold and to preserve the
home's affordability for subsequent
homebuyers; and
(iii) pre-occupancy home
modifications that may be necessary to
meet required property standards or
accommodate qualified homebuyers or
members of their household with
disabilities;
(B) use not more than 10 percent of their
grant allocation or award for administrative
costs and training for carrying out the program
of the State or eligible entity to provide
assistance with such grant amounts, as well as
to develop the capacity to track and monitor
program outcomes in consultation with
community-based and nonprofit organizations
that have as their mission to advance fair
housing and fair lending; and
(C) comply with the obligation to
affirmatively further fair housing, as defined
by the Secretary to implement section 808(e)(5)
of the Fair Housing Act (42 U.S.C. 3608(e)(5)),
in any program or activity related to the use
of such funds.
(2) Amount and layering of assistance.--Assistance
under this section--
(A) may be provided to or on behalf of any
qualified homebuyer only once;
(B) may not exceed the greater of $20,000 or
10 percent of the purchase price in the case of
a qualified homebuyer, not to include
assistance received under subsection
(d)(1)(A)(iii) for disability related home
modifications, except that the Secretary may
increase such maximum limitation amounts in the
case of a qualified homebuyer who is
economically disadvantaged; and
(C) may be provided to or on behalf of a
qualified homebuyer who is receiving assistance
from other sources, including other State,
Federal, local, private, public, and nonprofit
sources, for acquisition of an eligible home.
(3) Prohibition of priority.--In selecting qualified
homebuyers for assistance with grant amounts under this
section, a State or eligible entity may not provide any
priority or preference for homebuyers who are acquiring
eligible homes with a mortgage loan made, insured,
guaranteed, or otherwise assisted by the State housing
finance agency for the State, any other housing agency
of the State, or an eligible entity when applicable.
(4) Repayment of assistance.--
(A) Requirement.--The Secretary shall require
that, if a homebuyer to or on behalf of whom
assistance is provided from grant amounts under
this section fails or ceases to occupy the
property acquired using such assistance as the
primary residence of the homebuyer, except in
the case of assistance is provided in
connection with the purchase of a principal
residence through a shared equity homeownership
program, the homebuyer shall repay to the State
or eligible entity, as applicable, in a
proportional amount of the assistance the
homebuyer receives based on the number of years
they have occupied the eligible home up to 5
years, except that no assistance shall be
repaid if the qualified homebuyer occupies the
eligible home as a primary residence for 5
years or more.
(B) Limitation.--Notwithstanding subparagraph
(A), a homebuyer to or on behalf of whom
assistance is provided from grant amounts under
this section shall not be liable to the State
or eligible entity for the repayment of the
amount of such shortage if the homebuyer fails
or ceases to occupy the property acquired using
such assistance as the principal residence of
the homebuyer at least in part because of a
hardship, such as death or military deployment;
a financial hardship, such as a significant
reduction in income, or increase in medical
expenses; relocation for a reason related to
domestic violence, dating violence, sexual
assault, or stalking, as defined in the
Secretary's regulations implementing the
Violence Against Women Act; or relocation for a
reason related to the homebuyer or a member of
the household's disabilities; or another
hardships based on criteria established by the
Secretary, or sells the property acquired with
such assistance before the expiration of the
60-month period beginning on such date of
acquisition and the capital gains from such
sale to a bona fide purchaser in an arm's
length transaction are less than the amount the
homebuyer is required to repay the State or
eligible entity under subparagraph (A).
(5) Community land trusts and shared equity
homeownership programs.--If assistance from grant
amounts under this section is provided in connection
with an eligible home made available through a
community land trust or shared equity homeownership
program, such assistance shall remain in the community
land trust or shared equity property upon transfer of
the property to keep the home affordable to the next
eligible community land trust or shared equity
homebuyer.
(6) Reliance on borrower attestations.--No additional
documentation beyond the borrower's attestation shall
be required to demonstrate eligibility under
subparagraphs (B) and (C) of subsection (e)(6) and no
State, eligible entity, or creditor shall be subject to
liability, including monetary penalties or requirements
to indemnify a Federal agency or repurchase a loan that
has been sold or securitized, based on the provision of
assistance under this section to or on behalf of a
borrower who does not meet the eligibility requirements
under such subparagraphs if the creditor does so in
good faith reliance on borrower attestations of
eligibility required under such subparagraphs.
(7) Reporting.--The Secretary may require the
reporting of such information on the use of grants
provided from the Fund as the Secretary may require to
carry out this subsection.
(e) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Community land trust.--The term ``community land
trust''" means a nonprofit organization or State or
local government, agencies or instrumentalities
thereof, that--
(A) use a ground lease or deed covenant with
an affordability period of at least 30 years
to--
(i) make homeownership units
affordable to households; and
(ii) stipulate a preemptive option to
purchase the affordable homeownership
units so that the affordability of the
units is preserved for successive
income-eligible households; and
(B) monitor properties to ensure
affordability is preserved.
(2) Eligible entity.--The term ``eligible entity''
means--
(A) a minority depository institution, as
such term is defined in section 308 of the
Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note);
(B) a community development financial
institution, as such term is defined in section
103 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C.
4702), that is certified by the Secretary of
the Treasury and targets services to low-income
and socially disadvantaged populations and
provides services in neighborhoods having high
concentrations of minority, low-income and
socially disadvantaged populations; and
(C) any other nonprofit, mission-driven
entity that the Secretary finds has a track
record of providing assistance to homeowners,
targets services to low-income and socially
disadvantaged populations, and provides
services in neighborhoods having high
concentrations of minority, low-income, or
socially disadvantaged populations.
(3) Eligible home.--The term ``eligible home'' means
a residential dwelling, including a unit in a
condominium or cooperative project or a manufactured
housing unit, that--
(A) consists of 1 to 4 dwelling units; and
(B) will be occupied by the qualified
homebuyer, in accordance with such assurances
and commitments as the Secretary shall require,
as the primary residence of the homebuyer.
(4) Eligible mortgage loan.--The term ``eligible
mortgage loan'' means a single-family residential
mortgage loan that--
(A) meets the underwriting requirements and
dollar amount limitations for acquisition by
the Federal National Mortgage Association or
the Federal Home Loan Mortgage Corporation;
(B) is made, insured, or guaranteed under any
program administered by the Secretary;
(C) is made, insured, or guaranteed under
title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.);
(D) is a qualified mortgage, as such term is
defined in section 129C(b)(2) of the Truth in
Lending Act (15 U.S.C. 1639c(b)(2)); or
(E) is made, insured, or guaranteed for the
benefit of a veteran.
(5) First generation homebuyer.--The term ``first-
generation homebuyer'' means a homebuyer that is, as
attested by the homebuyer--
(A) an individual--
(i) whose living parents or legal
guardians do not, to the best of the
individual's knowledge, have any
present fee simple ownership interest
in a principal residence in any State,
excluding ownership of heir property;
(ii) who, if no parents or legal
guardians are living upon acquisition
of the eligible home to be acquired
using such assistance, to the best of
the individual's knowledge, their
parents or legal guardians did not have
any ownership interest in a principal
residence in any State at the time of
their death, excluding ownership of
heir property; and
(iii) whose spouse or domestic
partner has not, during the 3-year
period ending upon acquisition of the
eligible home to be acquired using such
assistance, had any present ownership
interest in a principal residence in
any State, excluding ownership of heir
property, whether the individual is a
co-borrower on the loan or not; or
(B) an individual who has at any time been
placed in foster care or institutional care
whose spouse or domestic partner has not,
during the 3-year period ending upon
acquisition of the eligible home to be acquired
using such assistance, had any ownership
interest in a principal residence in any State,
excluding ownership of heir property, whether
such individuals are co-borrowers on the loan
or not.
(6) Qualified homebuyer.--The term ``qualified
homebuyer'' means a homebuyer--
(A) having an annual household income that is
less than or equal to--
(i) 120 percent of median income, as
determined by the Secretary, for--
(I) the area in which the
home to be acquired using such
assistance is located; or
(II) the area in which the
place of residence of the
homebuyer is located; or
(ii) 140 percent of the median
income, as determined by the Secretary,
for the area within which the eligible
home to be acquired using such
assistance is located if the homebuyer
is acquiring an eligible home located
in a high-cost area;
(B) who is a first-time homebuyer, as such
term is defined at 42 U.S.C. 12704, except that
ownership of heir property shall not be treated
as owning a home for purposes of determining
whether a borrower qualifies as a first-time
homebuyer; and
(C) who is a first-generation homebuyer.
(7) Secretary.--The term ``Secretary'' means the
Secretary of Housing and Urban Development.
(8) Shared equity homeownership program.--
(A) In general.--The term ``shared equity
homeownership program'' means affordable
homeownership preservation through a resale
restriction program administered by a community
land trust, other nonprofit organization, or
State or local government or instrumentalities.
(B) Affordability requirements.--Any such
program under subparagraph (A) shall--
(i) provide affordable homeownership
opportunities to households; and
(ii) utilize a ground lease, deed
restriction, subordinate loan, or
similar legal mechanism that includes
provisions ensuring that the program
shall--
(I) maintain the
homeownership unit as
affordable for subsequent very
low-, low-, or moderate-income
families for an affordability
term of at least 30 years after
recordation;
(II) apply a resale formula
that limits the homeowner's
proceeds upon resale; and
(III) provide the program
administrator or such
administrator's assignee a
preemptive option to purchase
the homeownership unit from the
homeowner at resale.
(9) State.--The term ``State'' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, and American Samoa.
(10) Heir property.--The term ``heir property'' means
residential property for which title passed by
operation of law through intestacy and is held by two
or more heirs as tenants in common.
(f) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40202. WEALTH-BUILDING HOME LOAN PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any amounts in the Treasury not otherwise appropriated--
(1) $480,000,000 to the Secretary of Housing and
Urban Development for carrying out the program
established under subsection (b) and programs of the
Federal Housing Administration and the Government
National Mortgage Association generally, including
information technology, financial reporting, other
cross-program costs in support of programs administered
by the Secretary in this Act, other costs, and for the
cost of guaranteed loans and other obligations; and
(2) $20,000,000 to the Secretary of Agriculture for
carrying out the program established under subsection
(b) and programs of the Rural Housing Service
generally, including information technology and
financial reporting in support of the Program
administered by the Secretary of Agriculture in this
Act, other costs, and for the cost of guaranteed loans
and other obligations.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Establishment of LIFT HOME FUNDS.--
(1) In general.--There is established in each Loan
Guarantee Agency a fund to be known as the LIFT HOME
Fund, into which amounts appropriated under this
section shall be deposited and which shall be used by
each Department for carrying out the purposes of this
section.
(2) Management of fund.--The LIFT HOME Fund of each
Loan Guarantee Agency shall be administered and managed
by the respective Secretary, who shall establish
reasonable and prudent criteria for the management and
operation of any amounts in the Fund.
(c) Use of Funds.--
(1) Transfer of amounts to treasury.--Such portions
of the appropriation to the Secretary of Housing and
Urban Development shall be transferred by the Secretary
of Housing and Urban Development to the Department of
the Treasury in an amount equal to, as determined by
the Secretary of the Treasury, in consultation with the
Secretary of Housing and Urban Development--
(A) the amount the Secretary of the Treasury
estimates to be necessary for the purchase of
securities under the Program during the period
for which the funds are intended to be
available;
(B) the difference between--
(i) the Secretary of the Treasury's
receipts from the sale or other
disposition of securities acquired
under the Program; and
(ii) the Secretary of the Treasury's
costs in purchasing such securities;
and
(C) the Department of the Treasury's
administrative expenses related to the Program.
(2) Credit subsidy.--Such portion of the
appropriation to each Secretary as may be necessary may
be used for the cost to the respective Loan Guarantee
Agency of guaranteed loans under this section. Such
costs, including the costs of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a).
(d) Establishment of the LIFT HOME Program.--Each Secretary
shall establish, and carry out, with respect to any mortgage
with a case number issued on or before December 31, 2025, that
is subsequently insured or guaranteed by such Secretary, a
program to make covered mortgage loans available to eligible
homebuyers to purchase a single-family residence for use as
their principal residence (referred to in this section as the
``Program''), under which--
(1) the Secretary of the Treasury--
(A) shall act as a purchaser, on behalf of
the Secretary of Housing and Urban Development,
of securities that are secured by covered
mortgage loans;
(B) may designate financial institutions,
including banks, savings associations, trust
companies, security brokers or dealers, asset
managers, investment advisers, and other
institutions and such institutions shall--
(i) perform all reasonable duties
related to this section as a financial
agent of the United States as may be
required; and
(ii) be paid for such duties using
appropriations available to the
Secretary of the Treasury to reimburse
financial institutions in their
capacity as financial agents of the
United States;
(C) may use the services of any agency or
instrumentality of the United States or
component thereof on a reimbursable basis, and
any such agency or instrumentality or component
thereof is authorized to provide services as
requested by the Secretary using all
authorities vested in or delegated to that
agency, instrumentality, or component;
(D) may manage, and exercise any rights
received in connection with, any financial
instruments or assets purchased or acquired
pursuant to the authorities granted under this
section;
(E) may establish and use vehicles to
purchase, hold, and sell financial instruments
and other assets; and
(F) may issue such regulations and other
guidance as may be necessary or appropriate to
carry out the authorities or purposes of this
section;
(2) each Secretary of a Loan Guarantee Agency shall--
(A) establish pricing terms for covered
mortgage loans such that the covered mortgage
loans carry a monthly mortgage payment of
principal and interest that is not more than
110 percent and not less than 100 percent of
the monthly payment of principal, interest, and
periodic mortgage insurance premium or loan
guarantee fee associated with a newly
originated 30-year mortgage loan with the same
loan balance insured or guaranteed by the Loan
Guarantee Agency as determined by each
Secretary, or such pricing terms as are
determined by each Secretary to be necessary to
develop liquidity for securities backed by
covered mortgage loans and expand Program
participation by eligible homebuyers; and
(B) establish an outreach and counseling
program to increase stakeholder awareness of
the Program; and
(3) the Secretary of Housing and Urban Development
shall--
(A) in consultation with the Secretary of
Treasury, establish the pricing terms for the
purchase of securities guaranteed by the
Association secured by covered mortgage loans
such that the covered mortgage loans carry a
monthly mortgage payment of principal and
interest that is not more than 110 percent and
not less than 100 percent of the monthly
payment of principal, interest, and periodic
mortgage insurance premium or loan guarantee
fee associated with a newly originated 30-year
mortgage loan with the same loan balance
insured or guaranteed by the Loan Guarantee
Agency, or such pricing terms as are determined
by the Secretaries to be necessary to develop
liquidity for securities backed by covered
mortgage loans and expand Program participation
by eligible homebuyers;
(B) have the authority to designate mortgage
bankers, financial institutions, including
banks, savings associations, trust companies,
security brokers or dealers, asset managers,
investment advisers, and other institutions and
such institutions shall--
(i) perform all reasonable duties
related to this section as an agent of
the United States as may be required;
and
(ii) be paid for such duties using
appropriations available under this
section to the Secretary of Housing and
Urban Development to reimburse these
entities in their capacity as agents of
the United States;
(C) have the authority to use the services of
any agency or instrumentality of the United
States or component thereof on a reimbursable
basis, and any such agency or instrumentality
or component thereof is authorized to provide
services as requested by the Secretary of
Housing and Urban Development using all
authorities vested in or delegated to that
agency, instrumentality, or component;
(D) operate the Program in coordination with
the Association, the Federal Housing
Administration, the Rural Housing Service, and
the Secretary of the Treasury so as to
demonstrate feasibility and workability to
market participants, including--
(i) originators and servicers of
mortgages;
(ii) issuers of mortgage-backed
securities; and
(iii) investors; and
(E) gain price discovery experience by
instructing the Secretary of the Treasury,
following consultation with the Secretary of
Treasury to sell acquired securities described
in subparagraph (A) as soon as practicable,
thereby hastening the development of liquidity
for securities backed by covered mortgage
loans.
(3) Limitation on aggregate loan guarantee
authority.--The aggregate original principal obligation
of all covered mortgage loans under this section for
each Loan Guarantee Agency may not exceed
$5,000,000,000.
(4) GNMA guarantee authority.--To carry out the
purposes of this section, the Association may enter
into new commitments to issue guarantees of securities
based on or backed by mortgages insured under this
section, not exceeding $10,000,000,000.
(5) GNMA guaranty fee.--To carry out the purposes of
this section, the Association may collect guaranty fees
consistent with section 306(g)(1) of the National
Housing Act (12 U.S.C. 1721(g)(1)) that are paid at
securitization.
(e) Definitions.--In this section:
(1) Association.--The term ``Association'' means the
Government National Mortgage Association.
(2) Covered mortgage loan.--
(A) In general.--The term ``covered mortgage
loan'' means, for purposes of the Program
established by the Secretary of Housing and
Urban Development, a mortgage loan that--
(i) is insured or guaranteed by the
Federal Housing Administration pursuant
to section 203(b) of the National
Housing Act, subject to the eligibility
criteria set forth in this subsection,
and has a case number issued on or
before December 31, 2025;
(ii) is made for an original term of
20 years or for an original term
determined by the Secretary to be
necessary to develop liquidity for
securities backed by covered mortgage
loans and expand Program participation
by eligible homebuyers;
(iii) subject to subparagraph (C) of
this paragraph and notwithstanding
section 203(b)(2)(C) of the National
Housing Act (12 U.S.C. 1709(b)(2)(C)),
has a mortgage insurance premium of not
more than 4 percent of the loan balance
that is paid at closing, financed into
the principal balance of the loan, paid
through an annual premium, or a
combination thereof;
(iv) involves a rate of interest that
is fixed over the term of the mortgage
loan; and
(v) is secured by a single-family
residence that is the principal
residence of an eligible homebuyer.
(B) The term ``covered mortgage loan'' means,
for purposes of the Program established by the
Secretary of Agriculture, a loan guaranteed
under section 502(h) of the Housing Act of 1949
(42 U.S.C. 1472(h)) that--
(i) notwithstanding section
502(h)(7)(A) of the Housing Act of 1949
(42 U.S.C. 1472(h)(7)(A)), is made for
an original term of 20 years or for an
original term determined by the
Secretary to be necessary to develop
liquidity for securities backed by
covered mortgage loans and expand
Program participation by eligible
homebuyers; and
(ii) subject to subparagraph (C) of
this paragraph and notwithstanding
section 502(h)(8)(A) of the Housing Act
of 1949 (42 U.S.C. 1472(h)(8)(A)), has
a loan guarantee fee of not more than 4
percent of the principal obligation of
the loan.
(C) Waiver of mortgage insurance premium
requirement.--Each Secretary, in consultation
with the Secretary of the Treasury, and
notwithstanding section 502(h)(8)(A) of the
Housing Act of 1949 (42 U.S.C. 1472(h)(8)(A))
for purposes of the Program established by the
Secretary of Agriculture, may waive the
mortgage insurance premium cap or loan
guarantee fee cap under subparagraphs (A)(iii)
and (B)(ii) with respect to covered mortgage
loans insured or guaranteed by the Loan
Guarantee Agency of which that Secretary is the
head if necessary to protect the solvency of
the associated insurance fund.
(3) Department.--Unless otherwise specified, the term
``Department'' means the Department of Housing and
Urban Development or the Department of Agriculture, as
appropriate.
(4) Eligible homebuyer.--The term ``eligible
homebuyer'' means an individual who--
(A) for purposes of the Program established
by the Secretary of Housing and Urban
Development--
(i) has an annual household income
that is less than or equal to--
(I) 120 percent of median
income for the area, as
determined by the Secretary of
Housing and Urban Development
for--
(aa) the area in
which the home to be
acquired using such
assistance is located;
or
(bb) the area in
which the place of
residence of the
homebuyer is located;
or
(II) if the homebuyer is
acquiring an eligible home that
is located in a high-cost area,
140 percent of the median
income, as determined by the
Secretary, for the area within
which the eligible home to be
acquired using assistance
provided under this section is
located;
(ii) is a first-time homebuyer, as
defined in paragraph (6) of this
subsection; and
(iii) (iii) is a first-generation
homebuyer as defined in paragraph (5)
of this subsection;
(B) for purposes of the Program established
by the Secretary of Agriculture--
(i) meets the applicable requirements
in section 502(h) of the Housing Act of
1949 (42 U.S.C. 1472(h)); and
(ii) is a first-time homebuyer as
defined in paragraph (6) of this
subsection and a first-generation
homebuyer as defined in paragraph (5)
of this subsection.
(5) First-generation homebuyer.--The term ``first-
generation homebuyer'' means a homebuyer that, as
attested by the homebuyer, is--
(A) an individual--
(i) whose living parents or legal
guardians do not, to the best of the
individual's knowledge, have any
present fee simple ownership interest
in a principal residence in any State,
excluding ownership of heir property;
(ii) if no parents or legal guardians
are living upon acquisition of the
eligible home to be acquired using such
assistance, to the best of the
individual's knowledge, whose parents
or legal guardians did not have any
ownership interest in a principal
residence in any State at the time of
their death, excluding ownership of
heir property; and
(iii) whose spouse, or domestic
partner has not, during the 3-year
period ending upon acquisition of the
eligible home to be acquired using such
assistance, had any present ownership
interest in a principal residence in
any State, excluding ownership of heir
property, whether the individual is a
co-borrower on the loan or not; or
(B) an individual who has at any time been
placed in foster care or institutional care
whose spouse or domestic partner has not,
during the 3-year period ending upon
acquisition of the eligible home to be acquired
using such assistance, had any ownership
interest in a principal residence in any State,
excluding ownership of heir property, whether
such individuals are co-borrowers on the loan
or not.
(6) First-time homebuyer.--The term ``first-time
homebuyer'' means a homebuyer as defined in section 104
of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12704), except that ownership of heir
property shall not be treated as owning a home for
purposes of determining whether a borrower qualifies as
a first-time homebuyer.
(7) Heir property.--The term ``heir property'' means
residential property for which title passed by
operation of law through intestacy and is held by two
or more heirs as tenants in common.
(8) Loan guarantee agency.--Unless otherwise
specified, the term ``Loan Guarantee Agency'' means the
Federal Housing Administration of the Department of
Housing and Urban Development or the Rural Housing
Service of the Department of Agriculture, as
appropriate.
(9) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of Housing and Urban
Development or the Secretary of Agriculture, as
appropriate.
(f) Reliance on Borrower Attestations.--No additional
documentation beyond the borrower's attestation shall be
required to demonstrate eligibility under paragraph (4) of
subsection (e) and no State, eligible entity, or creditor shall
be subject to liability, including monetary penalties or
requirements to indemnify a Federal agency or repurchase a loan
that has been sold or securitized, based on the provision of
assistance under this section to a borrower who does not meet
the eligibility requirements under paragraph (4) of subsection
(e) if the creditor does so in good faith reliance on borrower
attestations of eligibility required under such paragraph.
(g) Implementation.--The Secretary of Housing and Urban
Development, the Secretary of Agriculture, and the Secretary of
Treasury shall have authority to issue such regulations or
other notices, guidance, forms, instructions, and publications
as may be necessary or appropriate to carry out the programs,
projects, or activities authorized under this section,
including to ensure that such programs, projects, or activities
are completed in a timely and effective manner.
SEC. 40203. HUD-INSURED SMALL DOLLAR MORTGAGE DEMONSTRATION PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $76,000,000 for a program to increase access to
small-dollar mortgages, as defined in subsection (b),
which may include payment of incentives to lenders,
adjustments to terms and costs, individual financial
assistance, technical assistance to lenders and certain
financial institutions to help originate loans, lender
and borrower outreach, and other activities;
(2) $10,000,000 for the cost of insured or guaranteed
loans, including the cost of modifying loans, as
defined in section 502 of the Congressional Budget Act
of 1974 (2 U.S.C. 661a); and
(3) $14,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and programs in the Office of Housing
generally, including information technology, financial
reporting, research and evaluations, fair lending
compliance, and other cross-program costs in support of
programs administered by the Secretary in this title,
and other costs; the Secretary may transfer and merge
amounts appropriated by this paragraph to section
40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Small-dollar Mortgage.--For purposes of this section, the
term ``small-dollar mortgage'' means a forward mortgage that--
(1) has an original principal balance of $100,000 or
less;
(2) is secured by a one- to four-unit property that
is the mortgagor's principal residence; and
(3) is insured by the Secretary pursuant to title II
of the National Housing Act (12 U.S.C. 1707 et seq.),
or guaranteed by the Secretary pursuant to section 184
or 184A of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13a, 1715z-13b).
(c) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40204. INVESTMENTS IN RURAL HOMEOWNERSHIP.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Agriculture (in this section referred to as the ``Secretary''),
out of any money in the Treasury not otherwise appropriated--
(1) $70,000,000 for direct loans made under section
502 of the Housing Act of 1949 (42 U.S.C. 1472);
(2) $95,000,000 for providing single family housing
repair grants under section 504 of the Housing Act of
1949 (42 U.S.C. 1474), subject to the terms and
conditions in subsection (b) of this section;
(3) $25,000,000 for grants under section 523 of the
Housing Act of 1949 (42 U.S.C. 1490c); and
(4) $10,000,000 for administrative expenses of the
Secretary that in whole or in part support activities
funded by this section and related activities.
Amounts appropriated by this section shall remain available
until expended.
(b) Terms and Conditions.--
(1) Eligibility.--Eligibility for grants from amounts
made available by subsection (a)(2) shall not be
subject to the limitations in section 3550.103(b) of
title 7, Code of Federal Regulations.
(2) Uses.--Notwithstanding the limitations in section
3550.102(a) of title 7, Code of Federal Regulations,
grants from amounts made available by subsection (a)(2)
shall be available for the eligible purposes in section
3550.102(b) of title 7, Code of Federal Regulations.
SEC. 40205. SELF-HELP HOMEOWNERSHIP OPPORTUNITY PROGRAM.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any amounts in the
Treasury not otherwise appropriated, to the Secretary of
Housing and Urban Development--
(1) $49,500,000 for grants under section 11 of the
Housing Opportunity Program Extension Act of 1996 (42
U.S.C. 12805 note); and
(2) $500,000 for costs to the Secretary of
administering and overseeing the implementation of this
section, including information technology, financial
reporting, research and evaluations, fair lending
compliance, and other cross-program costs in support of
programs administered by the Secretary in this title,
and other costs.
Amounts appropriated by this section shall remain available
until September 30, 2031.
Subtitle D--HUD and Community Capacity Building
SEC. 40301. PROGRAM ADMINISTRATION, TRAINING, TECHNICAL ASSISTANCE,
CAPACITY BUILDING, AND USICH.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,--
(1) $1,985,000,000 to the Secretary of Housing and
Urban Development for--
(A) the costs to the Secretary of
administering and overseeing the implementation
of this title and the Department's programs
generally, including information technology,
inspections of housing units, research and
evaluation, financial reporting, and other
costs; and
(B) new awards or increasing prior awards to
provide training, technical assistance, and
capacity building related to the Department's
programs, including direct program support to
program recipients throughout the country,
including insular areas, that require such
assistance with daily operations;
(2) $5,000,000 to the United States Interagency
Council on Homelessness for necessary expenses in
carrying out the functions of the Council pursuant to
title II of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11311 et seq.); and
(3) $10,000,000 to the Secretary of Housing and Urban
Development for necessary salaries and expenses of the
Office of the Inspector General of the Department of
Housing and Urban Development in carrying out the
Inspector General Act of 1978.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
SEC. 40302. COMMUNITY-LED CAPACITY BUILDING.
(a) Appropriation.--In addition to amounts otherwise made
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $90,000,000 for competitively awarded funds for
technical assistance and capacity building to non-
Federal entities, including nonprofit organizations
that can provide technical assistance activities to
community development corporations, community housing
development organizations, community land trusts,
nonprofit organizations in insular areas, and other
mission-driven and nonprofit organizations that target
services to low-income and socially disadvantaged
populations, and provide services in neighborhoods
having high concentrations of minority, low-income, or
socially disadvantaged populations to--
(A) provide training, education, support, and
advice to enhance the technical and
administrative capabilities of community
development corporations, community housing
development organizations, community land
trusts, and other mission-driven and nonprofit
organizations seeking to undertake affordable
housing development, acquisition, preservation,
or rehabilitation activities;
(B) provide grants or predevelopment
assistance to community development
corporations, community housing development
organizations, and other mission-driven and
nonprofit organizations seeking to undertake
affordable housing development, acquisition,
preservation, or rehabilitation activities; and
(C) carry out such other activities as may be
determined by the grantees in consultation with
the Secretary; and
(2) $10,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Department's technical assistance
programs generally, including information technology,
research and evaluations, financial reporting, fair
housing compliance, and other cross-program costs in
support of programs administered by the Secretary in
this title and other costs; the Secretary may transfer
and merge amounts set aside under this subsection to
section 40301.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Implementation.--The Secretary shall have authority to
issue such regulations or other notices, guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that such
programs, projects, or activities are completed in a timely and
effective manner.
Subtitle E--Economic Development
SEC. 40401. MINORITY BUSINESS DEVELOPMENT AGENCY.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Minority Business
Development Agency for fiscal year 2022, out of amounts in the
Treasury not otherwise appropriated--
(1) $200,000,000, to remain available until September
30, 2026, for carrying out subsection (b)(1);
(2) $1,200,000,000, to remain available until
September 30, 2029, for carrying out subparagraphs (A),
(B), (C), (D), (E), (F), and (H) of subsection (b)(2);
(3) $50,000,000, to remain available until September
30, 2026, for carrying out subparagraph (G) of
subsection (b)(2);
(4) $1,500,000,000, to remain available until
September 30, 2026, for carrying out subsection (b)(3);
and
(5) $150,000,000, to remain available until September
30, 2029, for administrative costs associated with
carrying out subsection (b)(3).
(b) Minority Business Development Agency.--
(1) Rural business centers.--The Director of the
Minority Business Development Agency may enter into
agreements with one or more rural Business Centers of
the Agency that are operated by a minority-serving
institution of higher education or by a consortium of
institutions of higher education that is led by a
minority-serving institution of higher education. Under
such an agreement, a rural Business Center shall
provide assistance primarily to eligible business
enterprises located within a rural area, as defined by
the Director.
(2) Other activities.--The Director of the Minority
Business Development Agency shall--
(A) pay salaries and related costs for
employees;
(B) pay for administrative and other costs to
support initiatives that assist the formation,
growth, and expansion of eligible business
enterprises;
(C) establish and provide assistance to
Business Centers and specialty Business
Centers, prioritizing for such establishment in
States or regions that lack a Business Center
and have a significant population of members of
an underrepresented community;
(D) establish not fewer than 5 regional
offices, in locations determined by the
Director;
(E) conduct an annual forum between the
Federal Government and businesses to review
existing programs and current challenges
relating to capital formation by eligible
business enterprises;
(F) establish a program to assist small,
underserved manufacturers in accessing private
capital by accelerating technology adoption and
providing training and support in supply chain
integration;
(G) provide grants to minority-serving
institutions of higher education to develop and
implement entrepreneurship curricula; and
(H) collect data and develop research and
policies regarding the needs and development of
eligible business enterprises.
(3) Grants.--
(A) In general.--The Director of the Minority
Business Development Agency may provide grants
to--
(i) a eligible business enterprise;
and
(ii) an eligible nonprofit
organization that will make subgrants
to eligible business enterprises
located in areas with significant
populations of members of
underrepresented communities.
(B) Application.--In making grants and
subgrants to eligible business enterprises and
eligible nonprofit organizations under this
section, the Director shall establish an
application process and selection criteria,
which shall include--
(i) assurances that the eligible
business enterprise and eligible
nonprofit organization will use such
grants and subgrants to address gaps in
access to capital, assist with startup
costs, or support business expansion;
(ii) criteria for determining the
size of grant or subgrant award for the
eligible business enterprise and
eligible nonprofit organization; and
(iii) other criteria as determined by
the Director.
(C) Eligible nonprofit organizations.--An
eligible nonprofit organization that receives a
grant under this section shall, when making a
subgrant to an eligible business enterprise
described under subparagraph (A)(ii), also use
such grant to provide support to the eligible
business enterprise in one or more of the
following ways:
(i) Providing resources, which may
include physical workspace and
facilities, to startups and established
eligible business enterprises.
(ii) Providing supports to accelerate
the growth and success of eligible
business enterprises through a variety
of services, including--
(I) access to capital,
business education, and
counseling;
(II) networking
opportunities;
(III) mentorship
opportunities;
(IV) advising on market
analysis, company strategy,
revenue, growth,
commercialization, and securing
funding; and
(V) other services intended
to aid in developing eligible
business enterprises.
(D) Business identifiers.--In accepting
applications for grants to eligible business
enterprises or subgrants to eligible business
enterprises under this subsection, the Director
shall allow each grantee or subgrantee to use
existing business identifiers of the subgrantee
instead of other forms of registration or
identification.
(E) Eligible nonprofit organization.--In this
paragraph, the term ``eligible nonprofit
organization'' means an organization that is
described in paragraph (3) or (6) of section
501(c) of the Internal Revenue Code of 1986 and
that is exempt from taxation under section
501(a) of such Code for which a primary
activity of the organization is to provide
services or financial support to eligible
business enterprises located in areas with
significant populations of members of
underrepresented communities.
(4) Returning funds.--If an entity that receives a
grant or assistance under this subsection fails to use
all the funds or permanently ceases operations on or
before September 30, 2031, the entity shall return the
funds to the Minority Business Development Agency. The
Minority Business Development Agency shall return all
such funds to the Treasury if not expended by September
30, 2031.
(5) Penalties for failure to abide by terms or
conditions of award.--At the discretion of the Director
and in addition to any other civil or criminal
consequences, the Director shall withhold payments to
an eligible applicant or order the eligible applicant
to return any assistance provided under this section
for failure to abide by the terms and conditions of
such assistance.
(c) Definitions.--In this section:
(1) Business center.--The term ``Business Center''
means any business center that--
(A) is established by the Minority Business
Development Agency; and
(B) provides technical business assistance to
minority business enterprises.
(2) Eligible business enterprise.--The term
``eligible business enterprise'' means a business owned
or controlled by one or more members of an
underrepresented community.
(3) Member of an underrepresented community.--The
term ``member of an underrepresented community'' means
an individual who is--
(A) a resident of--
(i) a low-income community, as
defined in section 45D(e) of the
Internal Revenue Code of 1986;
(ii) a low-income rural community; or
(iii) a HUBZone, as defined in
section 31(b) of the Small Business Act
(15 U.S.C. 657a);
(B) a member of an Indian or Alaska Native
tribe, band, nation, pueblo, village,
community, component band, or component
reservation, individually identified (including
parenthetically) in the most recent list
published pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 5131);
(C) an individual with a disability, as
defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102);
(D) a veteran, as defined in section 101 of
title 38, United States Code;
(E) an individual who completed a term of
imprisonment;
(F) an Afghan refugee, including an
individual who has received a Special Immigrant
Visa, a P-2 classification, or special parole
status; or
(G) an individual otherwise identified by the
Director.
(4) Minority-serving institution of higher
education.--The term ``minority-serving institution of
higher education'' means--
(A) an institution described in section
371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)); or
(B) a junior or community college, as defined
in section 312 of the Higher Education Act of
1965 (20 U.S.C. 1058).
(5) Specialty business center.--The term ``specialty
Business Center'' means a Business Center that provides
specialty services focusing on specific business needs,
including assistance relating to--
(A) capital access;
(B) Federal procurement;
(C) entrepreneurship;
(D) technology transfer; or
(E) any other area determined necessary or
appropriate based on the priorities of the
Director of the Minority Business Development
Agency.
SEC. 40402. MANUFACTURING FACILITY.
(a) In General.--The State Small Business Credit Initiative
Act of 2010 (12 U.S.C. 5701 et seq.) is amended--
(1) in section 3003--
(A) in subsection (b), by adding at the end
the following:
``(3) 2022 allocation.--
``(A) In general.--Not later than 30 days
after the date of enactment of this paragraph,
the Secretary shall allocate Federal funds to
participating States so that each State is
eligible to receive an amount equal to what the
State would receive under the 2022 allocation,
as determined under subparagraph (B).
``(B) 2022 allocation formula.--
``(i) In general.--With respect to
States, the Secretary shall determine
the 2022 allocation by allocating
Federal funds among the States based on
the manufacturing job losses per State
over the 30-year period ending on the
date of enactment of this paragraph.
``(ii) Manufacturing job loss data.--
If the Secretary determines that
manufacturing job loss data with
respect to a State is unavailable from
the Bureau of Labor Statistics of the
Department of Labor, the Secretary
shall consider such other economic and
employment data that is otherwise
available for purposes of determining
the employment data of such State.'';
and
(B) by adding at the end the following:
``(g) Rules for the 2022 Allocation.--With respect to the
2022 allocation:
``(1) Transfer of allocation.--The Secretary shall
transfer the full amount of each allocation to a State
in a single transfer and shall complete such transfer
before September 30, 2022.
``(2) Use of transferred funds.--States may use
allocations of amounts appropriated for fiscal year
2022 to carry out the Program only--
``(A) for making Federal contributions to, or
for the account of, an approved State program,
for the purposes of, as determined by the
Secretary of the Treasury--
``(i) maintaining the economic
competitiveness of the United States;
``(ii) maintaining a strong
manufacturing base in the United
States, including promoting advanced
manufacturing technology and innovative
technology;
``(iii) increasing the supply and
innovation of factory-built housing for
affordability, accessibility,
efficiency, and resilience; or
``(iv) helping the United States
transition to clean energy or clean
manufacturing processes to combat
climate change or to invest in
innovation for climate change adapted
production processes;
``(B) as collateral for a qualifying loan or
swap funding facility, for the purposes
described under subparagraph (A); and
``(C) for paying administrative costs
incurred by the State in implementing an
approved State program in an amount not to
exceed 5 percent of such State's allocation.
``(3) Special permission for certain
municipalities.--Section 3004(d) shall apply to the
2022 allocation to the same extent as such provision
applies to an allocation made under subsection (d),
except that--
``(A) paragraph (1) of section 3004(d) shall
be applied by substituting `6 months' for `9
months'; and
``(B) paragraph (2) of section 3004(d) shall
be applied by substituting `9 months' for `12
months'.''; and
(2) in section 3009(c), by striking ``7-year period''
and inserting ``10-year period''.
(b) Appropriation.--In addition to amounts otherwise
available, there is hereby appropriated to the Secretary of the
Treasury for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $1,000,000,000, to remain available
until September 30, 2031, to carry out the amendments made by
subsection (a).
(c) Rule of Application.--The amendments made by this section
shall apply with respect to funds appropriated on the date of
enactment of this section.
TITLE V--COMMITTEE ON HOMELAND SECURITY
SEC. 50001. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.
In addition to amounts otherwise made available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available until
September 30, 2031--
(1) $50,000,000 to the Cybersecurity and
Infrastructure Security Agency for support of the
Multi-State Information Sharing and Analysis Center;
(2) $25,000,000 to the Cybersecurity and
Infrastructure Security Agency for operating a cyber
range;
(3) $25,000,000 to the Cybersecurity and
Infrastructure Security Agency for the execution of a
national multi-factor authentication campaign;
(4) $400,000,000 to the Cybersecurity and
Infrastructure Security Agency for the implementation
of Executive Order 14028 (86 Fed. Reg. 26633; relating
to improving the cybersecurity of the United States),
including the implementation of multi-factor
authentication, endpoint detection and response,
improved logging, and securing cloud systems;
(5) $50,000,000 to the Cybersecurity and
Infrastructure Security Agency for expansion and
operation of the Crossfeed program;
(6) $75,000,000 to the Cybersecurity and
Infrastructure Security Agency for expansion and
operation of the CyberSentry program;
(7) $10,000,000 to the Cybersecurity and
Infrastructure Security Agency for performing
activities in support of the development of the
continuity of the economy plan required under section
9603(a) of title XCVI of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 6 U.S.C. 322);
(8) $20,000,000 to the Cybersecurity and
Infrastructure Security Agency for expanding programs
working with international partners on the protection
of critical infrastructure;
(9) $50,000,000 to the Cybersecurity and
Infrastructure Agency for researching and developing
means to secure operational technology, including
industrial control systems, against cybersecurity
vulnerabilities;
(10) $100,000,000 to the Cybersecurity and
Infrastructure Security Agency for cybersecurity
workforce development and education, including
providing education, training, and capacity
development, including in collaboration with
historically Black colleges and universities, other
minority-serving institutions, and community colleges,
and to the Cybersecurity Education and Training
Program, to be used for purposes that include--
(A) cybersecurity training and upskilling
veterans;
(B) implementing cybersecurity
apprenticeships at the Agency; and
(C) cybersecurity programs for underserved
communities, as a focus for activities
authorized under section 2217 of the Homeland
Security Act of 2002 (6 U.S.C. 665f); and
(11) $60,000,000 to the Cybersecurity and
Infrastructure Security Agency for enhancing the cloud
architecture, migration advisory services, and cloud
threat hunting capabilities of the Agency.
TITLE VI--COMMITTEE ON THE JUDICIARY
Subtitle A--Immigration Provisions
SEC. 60001. LAWFUL PERMANENT RESIDENCE FOR CERTAIN ENTRANTS.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting
after section 245A the following:
``SEC. 245B. ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS.
``(a) In General.--Notwithstanding sections 201, 202, 203,
and 245(c), and subject to subsection (c), the Secretary of
Homeland Security shall adjust to the status of an alien
lawfully admitted for permanent residence, an alien described
in subsection (b), if such alien--
``(1) submits an application for adjustment of status
in accordance with procedures established by the
Secretary;
``(2) in addition to any administrative processing
fee, pays a supplemental fee of $1,500; and
``(3) completes, to the satisfaction of the
Secretary--
``(A) security and law enforcement background
checks; and
``(B) a medical examination consistent with
section 221(d).
``(b) Aliens Described.--An alien described in this
subsection is an alien who--
``(1)(A) has been continuously physically present in
the United States since January 1, 2021;
``(B) was 18 years of age or younger on the date on
which the alien entered the United States and has
continuously resided in the United States since such
entry; and
``(C) demonstrates--
``(i) a record of honorable service in the
Uniformed Services of the United States;
``(ii) attainment of, or completion of not
less than 2 years, in good standing, of a
program leading to--
``(I) a degree from a United States
institution of higher education; or
``(II) a postsecondary credential
from an area career and technical
education school in the United States;
``(iii) during the 3-year period immediately
preceding the date on which the alien submits
an application for adjustment of status under
this section, a consistent record of earned
income in the United States; or
``(iv)(I) enrollment in a program described
in clause (ii); and
``(II) current employment or participation in
an internship, apprenticeship, or similar
training program;
``(2)(A) has been continuously physically present in
the United States since January 1, 2021; and
``(B) has demonstrated a consistent record of earned
income in the United States in an occupation described
in the guidance of the Department of Homeland Security
entitled `Advisory Memorandum on Ensuring Essential
Critical Infrastructure Workers' Ability to Work During
the COVID-19 Response', issued on August 10, 2021,
during the period beginning on January 31, 2020, and
ending on August 24, 2021;
``(3)(A) has been continuously physically present in
the United States for not less than 3 years; and
``(B)(i) is a national of a foreign state (or a part
of a foreign state) (or in the case of an alien having
no nationality, is a person who last habitually resided
in such state) with a designation under subsection (b)
of section 244 on January 1, 2017;
``(ii) notwithstanding paragraphs (1)(A)(iv) and
(3)(C) of subsection (c) of section 244, had or was
otherwise eligible for temporary protected status under
section 244 on that date; and
``(iii) has not engaged in conduct since that date
that would render the alien ineligible for temporary
protected status under section 244(c)(2); or
``(4)(A) has been continuously physically present in
the United States for not less than 3 years; and
``(B)(i) was eligible for deferred enforced departure
as of January 20, 2021; and
``(ii) has not engaged in conduct since that date
that would render the alien ineligible for deferred
enforced departure.
``(c) Grounds of Ineligibility.--
``(1) In general.--Subject to paragraphs (2) and (3),
an alien seeking adjustment of status under this
section shall demonstrate that the alien--
``(A) is not inadmissible under paragraph
(2), (3), (6)(E), (6)(G), (8), (10)(A),
(10)(C), or (10)(D) of section 212(a);
``(B) has not ordered, incited, assisted, or
otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion;
``(C) has not been convicted of--
``(i) any offense under Federal or
State law, other than a State offense
for which an essential element is the
alien's immigration status, that is
punishable by a maximum term of
imprisonment of more than 1 year; or
``(ii) 3 or more offenses under
Federal or State law, other than State
offenses for which an essential element
is the alien's immigration status, for
which the alien was convicted on
different dates for each of the 3
offenses and imprisoned for an
aggregate of 90 days or more; and
``(D) has registered under the Military
Selective Service Act (50 U.S.C. 3801 et seq.),
if the alien is subject to registration under
that Act.
``(2) Waiver.--With respect to any benefit under this
section, the Secretary of Homeland Security may waive
the grounds of inadmissibility under paragraph (2),
(6)(E), (6)(G), or (10)(D) of section 212(a)--
``(A) for humanitarian purposes or family
unity; or
``(B) if a waiver is otherwise in the public
interest.
``(3) Treatment of expunged convictions.--For
purposes of paragraph (1), the Secretary--
``(A) may not automatically treat an expunged
conviction as a conviction; and
``(B) shall evaluate expunged convictions on
a case-by-case basis according to the nature
and severity of the underlying offense to
determine whether, under the circumstances, the
alien should be eligible for adjustment of
status.
``(d) Limitation on Removal.--
``(1) In general.--With respect to an alien who is in
removal proceedings or subject to a final order of
removal or an order of voluntary departure, the
Secretary of Homeland Security shall provide the alien
with a reasonable opportunity to apply for relief under
this section if the alien--
``(A) requests an opportunity to so apply; or
``(B) appears to be prima facie eligible for
such relief.
``(2) Stay of removal for certain children.--The
Secretary of Homeland Security shall stay the removal
of an alien who--
``(A) meets the requirements of subparagraphs
(A) and (B) of subsection (b)(1);
``(B) subject to paragraphs (2) and (3) of
subsection (c), is not subject to a ground of
ineligibility under paragraph (1) of such
subsection; and
``(C) is enrolled in--
``(i) an early childhood education
program;
``(ii) an elementary school;
``(iii) a secondary school; or
``(iv) an education program assisting
students in obtaining a high school
diploma or its equivalent.
``(e) Effective Date.--The section shall take effect on the
earlier of--
``(1) the date that is 180 days after the date of the
enactment of this section; or
``(2) May 1, 2022.''.
(b) Conforming Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to 245A the
following:
``Sec. 245B. Adjustment of status of certain entrants.''.
SEC. 60002. RECAPTURE OF UNUSED IMMIGRANT VISA NUMBERS.
(a) Recapture of Unused Immigrant Visa Numbers.--
(1) Ensuring future use of all immigrant visas.--
Section 201(c)(1)(B)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1151(c)(1)(B)(ii)) is amended
to read as follows:
``(ii) In no case shall the number
computed under subparagraph (A) be less
than the sum of--
``(I) 226,000; and
``(II) the number computed
under paragraph (3).''.
(2) Recapturing unused visas.--Section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) is
amended by adding at the end the following:
``(g) Recapturing Unused Visas.--
``(1) Family-sponsored visas.--
``(A) In general.--Notwithstanding the
numerical limitations set forth in this section
or in sections 202 or 203, beginning in fiscal
year 2022, the number of family-sponsored
immigrant visas that may be issued under
section 203(a) shall be increased by the number
computed under subparagraph (B).
``(B) Unused visas.--The number computed
under this subparagraph is the difference, if
any, between--
``(i) the difference, if any,
between--
``(I) the number of visas
that were originally made
available to family-sponsored
immigrants under section
201(c)(1) for fiscal years 1992
through 2021, setting aside any
unused visas made available to
such immigrants in such fiscal
years under section 201(c)(3);
and
``(II) the number of visas
described in subclause (I) that
were issued under section
203(a), or, in accordance with
section 201(d)(2)(C), under
section 203(b); and
``(ii) the number of visas resulting
from the calculation under clause (i)
issued under section 203(a) after
fiscal year 2021.
``(2) Employment-based visas.--
``(A) In general.--Notwithstanding the
numerical limitations set forth in this section
or in sections 202 or 203, beginning in fiscal
year 2022, the number of employment-based
immigrant visas that may be issued under
section 203(b) shall be increased by the number
computed under subparagraph (B).
``(B) Unused visas.--The number computed
under this paragraph is the difference, if any,
between--
``(i) the difference, if any,
between--
``(I) the number of visas
that were originally made
available to employment-based
immigrants under section
201(d)(1) for fiscal years 1992
through 2021, setting aside any
unused visas made available to
such immigrants in such fiscal
years under section 201(d)(2);
and
``(II) the number of visas
described in subclause (I) that
were issued under section
203(b), or, in accordance with
section 201(c)(3)(C), under
section 203(a); and
``(ii) the number of visas resulting
from the calculation under clause (i)
issued under section 203(b) after
fiscal year 2021.
``(3) Diversity visas.--Notwithstanding section
204(a)(1)(I)(ii)(II), an immigrant visa for an alien
selected in accordance with section 203(e)(2) in fiscal
year 2017, 2018, 2019, 2020, or 2021 shall remain
available to such alien (and the spouse and children of
such alien) if--
``(A) the alien was refused a visa, prevented
from seeking admission, or denied admission to
the United States solely because of Executive
Order 13769, Executive Order 13780,
Presidential Proclamation 9645, or Presidential
Proclamation 9983; or
``(B) because of restrictions or limitations
on visa processing, visa issuance, travel, or
other effects associated with the COVID-19
public health emergency--
``(i) the alien was unable to receive
a visa interview despite submitting an
Online Immigrant Visa and Alien
Registration Application (Form DS-260)
to the Secretary of State; or
``(ii) the alien was unable to seek
admission or was denied admission to
the United States despite being
approved for a visa under section
203(c).''.
SEC. 60003. ADJUSTMENT OF STATUS.
Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255) is amended by adding at the end the following:
``(n) Visa Availability.--
``(1) In general.--Notwithstanding section (a)(3),
the Secretary of Homeland Security may accept for
filing, an application for adjustment of status from an
alien (and the spouse and children of such alien) if
such alien--
``(A) is the beneficiary of an approved
petition under section 204(a)(1);
``(B) pays a supplemental fee of $1,500, plus
$250 for each derivative beneficiary; and
``(C) is otherwise eligible for such
adjustment.
``(2) Exemption.--The Secretary of State shall exempt
an alien (and the spouse and children of such alien)
from the numerical limitations described in sections
201, 202, and 203 and the Secretary of Homeland
Security may adjust the status of such alien (and the
spouse and children of such alien) to lawful permanent
resident if such alien submits or has submitted an
application for adjustment of status and--
``(A) such alien--
``(i) is the beneficiary of an
approved petition under subparagraph
(A)(i) or (B)(i)(I) of section
204(a)(1) that bears a priority date
that is more than 2 years before the
date the alien requests a waiver of the
numerical limitations; and
``(ii) pays a supplemental fee of
$2,500;
``(B) such alien--
``(i) is the beneficiary of an
approved petition under subparagraph
(E) or (F) of section 204(a)(1) that
bears a priority date that is more than
2 years before the date the alien
requests a waiver of the numerical
limitations; and
``(ii) pays a supplemental fee of
$5,000; or
``(C) such alien--
``(i) is the beneficiary of an
approved petition under subparagraph
(H) of section 204(a)(1) that bears a
priority date that is more than 2 years
before the date the alien requests a
waiver of the numerical limitations;
and
``(ii) pays a supplemental fee of
$50,000.
``(3) Effective date.--
``(A) In general.--The provisions of this
subsection--
``(i) shall take effect on the
earlier of the date that is--
``(I) 180 days after the date
of the enactment of this
subsection; or
``(II) May 1, 2022; and
``(ii) except as provided in
subparagraph (B), shall cease to have
effect on September 30, 2031.
``(B) Continuation.--Paragraph (2) shall
continue in effect with respect to an alien who
requested a waiver of the numerical limitations
and paid the requisite fee prior to the date
described in subparagraph (A)(ii), until the
Secretary of Homeland Security renders a final
administrative decision on such application.''.
SEC. 60004. ADDITIONAL SUPPLEMENTAL FEES.
(a) Treasury.--The supplemental fees described in subsection
(b) of this section, and in sections 245B(a)(2) and 245(n) of
the Immigration and Nationality Act, as added by this subtitle,
shall be deposited in the general fund of the Treasury of the
United States.
(b) Supplemental Petition Fee.--Section 204(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is
amended--
(1) in subparagraph (A)(i), by adding at the end the
following: ``A petition for classification by reason of
a relationship described in paragraph (1), (3), or (4)
of section 203(a) shall be accompanied by a
supplemental fee in the amount of $100.'';
(2) in subparagraph (B)(i)(I), by adding at the end
the following: ``Such petition shall be accompanied by
a supplemental fee in the amount of $100.'';
(3) in subparagraph (E), by adding at the end the
following: ``Such petition shall be accompanied by a
supplemental fee in the amount of $800.'';
(4) in subparagraph (F), by adding at the end the
following: ``Such petition shall be accompanied by a
supplemental fee in the amount of $800.''; and
(5) in subparagraph (H), by adding at the end the
following: ``Such petition shall be accompanied by a
supplemental fee in the amount of $15,000.''.
SEC. 60005. U.S. CITIZENSHIP AND IMMIGRATION SERVICES.
In addition to amounts otherwise available, there is
appropriated to U.S. Citizenship and Immigration Services for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $2,800,000,000, to remain available
until expended, for the purpose of increasing the capacity of
U.S. Citizenship and Immigration Services to efficiently
adjudicate applications described in sections 245B and 245(n)
of the Immigration and Nationality Act, as added by sections
60001 and 60003 of this Act, respectively, and to reduce case
processing backlogs.
Subtitle B--Community Violence Prevention
SEC. 61001. FUNDING FOR COMMUNITY-BASED VIOLENCE INTERVENTION
INITIATIVES.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Attorney General for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $2,500,000,000, to remain available until
September 30, 2031, for the purposes described in subsection
(b).
(b) Use of Funding.--The Attorney General, acting through the
Assistant Attorney General of the Office of Justice Programs,
the Director of the Office of Community Oriented Policing
Services, and the Director of the Office on Violence Against
Women, shall use amounts appropriated by subsection (a)--
(1) to award competitive grants or contracts to units
of local government, States, Indian Tribes, nonprofit
community-based organizations, victim services
providers, or other entities as determined by the
Attorney General, to support evidence-informed
intervention strategies to reduce community violence;
(2) to support training, technical assistance,
research, evaluation, and data collection on strategies
to effectively reduce community violence and ensure
public safety; and
(3) to support research, evaluation, and data
collection on the differing impact of community
violence on demographic categories.
(c) Expenditure Requirement.--All expenditures made pursuant
to subsection (a) shall be made on or before September 30,
2031.
TITLE VII--COMMITTEE ON NATURAL RESOURCES
Subtitle A--Bureau of Indian Affairs and Indian Health Service
SEC. 70101. TRIBAL CONSULTATION.
In addition to amounts otherwise available, there is
appropriated to the Department of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $30,000,000, to remain available until September
30, 2031, except that no amounts may be expended after
September 30, 2031, for the purposes of conducting consultation
with Tribal Governments.
SEC. 70102. BUREAU OF INDIAN AFFAIRS.
(a) BIA Road Maintenance.--In addition to amounts otherwise
available, there is appropriated to the Bureau of Indian
Affairs for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $300,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for carrying out the Act of
November 2, 1921 (25 U.S.C. 13; commonly known as the ``Snyder
Act'') for Bureau of Indian Affairs road maintenance and to
address the deferred maintenance backlog, of which no more than
2 percent shall be used for administrative costs to carry out
this subsection.
(b) BIA Public Safety.--In addition to amounts otherwise
available, there is appropriated to the Bureau of Indian
Affairs for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $200,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for carrying out the Act of
November 2, 1921 (25 U.S.C. 13; commonly known as the ``Snyder
Act'') for Bureau of Indian Affairs Public Safety and Justice,
of which no more than 2 percent shall be used for
administrative costs to carry out this subsection.
(c) BIA Climate Resilience.--In addition to amounts otherwise
available, there is appropriated to the Bureau of Indian
Affairs for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $1,000,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for carrying out the Act of
November 2, 1921 (25 U.S.C. 13; commonly known as the ``Snyder
Act'') for Tribal climate resilience and adaptation programs,
of which no more than 2 percent shall be used for
administrative costs to carry out this subsection.
(d) Tribal Housing.--In addition to amounts otherwise
available, there is appropriated to the Bureau of Indian
Affairs for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $500,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for carrying out the Act of
November 2, 1921 (25 U.S.C. 13; commonly known as the ``Snyder
Act'') to improve Tribal housing, of which no more than 2
percent shall be used for administrative costs to carry out
this subsection.
(e) Tribal Energy.--In addition to amounts otherwise
available, there is appropriated to the Bureau of Indian
Affairs for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $35,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for carrying out the Act of
November 2, 1921 (25 U.S.C. 13; commonly known as the ``Snyder
Act'') for Tribal energy programs, of which no more than 2
percent shall be used for administrative costs to carry out
this subsection.
(f) Small and Needy Program.--Funds made available under this
section shall be excluded from the calculation of funds
received by those Tribal Governments that participate in the
``Small and Needy'' program.
(g) One-Time Basis Funds.--Funds made available under this
section to Tribes and Tribal organizations under the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5301) shall be available on a one-time basis. Such nonrecurring
funds shall not be part of the amount required by section 106
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5325), and such funds shall only be used for the
purposes identified in this section.
SEC. 70103. INDIAN HEALTH SERVICE.
(a) IHS Information Technology.--In addition to amounts
otherwise available, there is appropriated to the Indian Health
Service for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $140,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for carrying out the Act of
August 5, 1954 (68 Stat. 674), the Indian Self-Determination
and Education Assistance Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health
Service Act, with respect to the Indian Health Service, for
Indian Health Service electronic records (25 U.S.C. 1660h),
telehealth, system modernization, and information technology
infrastructure.
(b) Urban Indian Health.--In addition to amounts otherwise
available, there is appropriated to the Indian Health Service
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $42,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, for carrying out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act,
with respect to the Indian Health Service, for the Urban Indian
Health program for renovations, construction, expansion of
facilities, including leased facilities, which shall be in
addition to other amounts made available for Urban Indian
organizations (as defined in section 4 of the Indian Health
Care Improvement Act 25 U.S.C. 1603)) under this subsection.
(c) IHS Facilities Maintenance.--In addition to amounts
otherwise available, there is appropriated to the Indian Health
Service for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $610,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for carrying out the Act of
August 5, 1954 (68 Stat. 674), the Indian Self-Determination
and Education Assistance Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health
Service Act, with respect to the Indian Health Service, for
maintenance and improvement of Indian Health Service and Tribal
facilities.
(d) Green Infrastructure.--In addition to amounts otherwise
available, there is appropriated to the Indian Health Service
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, for carrying out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act,
with respect to the Indian Health Service, for sustainability
features for existing facilities.
(e) Inpatient and Community Health Facilities.--In addition
to amounts otherwise available, there is appropriated to the
Indian Health Service for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $40,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for carrying out the Act
of August 5, 1954 (68 Stat. 674), the Indian Self-Determination
and Education Assistance Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health
Service Act, with respect to the Indian Health Service, for
Inpatient and Community Health Facilities Design, Construction,
in accordance with 25 U.S.C. 1665h.
(f) Medical Equipment.--In addition to amounts otherwise
available, there is appropriated to the Indian Health Service
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $150,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, for carrying out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act,
with respect to the Indian Health Service, for maintaining,
upgrading, and replacing medical equipment for IHS and Tribal
facilities.
(g) Small Ambulatory Construction.--In addition to amounts
otherwise available, there is appropriated to the Indian Health
Service for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $60,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for carrying out the Act of
August 5, 1954 (68 Stat. 674), the Indian Self-Determination
and Education Assistance Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health
Service Act, with respect to the Indian Health Service, for the
small ambulatory construction program.
(h) Personnel Quarters Construction.--In addition to amounts
otherwise available, there is appropriated to the Indian Health
Service for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $278,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for carrying out the Act of
August 5, 1954 (68 Stat. 674), the Indian Self-Determination
and Education Assistance Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health
Service Act, with respect to the Indian Health Service, for
personnel quarters construction.
(i) IHS Priority Health Care Facilities.--In addition to
amounts otherwise available, there is appropriated to the
Indian Health Service for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $2,000,000,000, to
remain available until September 30, 2031, except that no
amounts may be expended after September 30, 2031, for projects
identified through the health care facility priority system
established and maintained pursuant to section 301(c) of the
Indian Health Care Improvement Act (25 U.S.C. 1631(c)).
(j) Facilities Support.--In addition to amounts otherwise
available, there is appropriated to the Indian Health Service
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $170,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, for environmental health and
facilities support activities of the Indian Health Service.
(k) Nonrecurring Funds.--Funds made available under this
section to Tribes and Tribal organizations under the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5301
et seq.) shall be available on a one-time basis. Such
nonrecurring funds shall not be part of the amount required by
section 106 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5325), and such funds shall only be
used for the purposes identified in this section.
Subtitle B--Subcommittee on National Parks, Forests, and Public Lands
SEC. 70201. OAK FLAT WITHDRAWAL.
(a) Definitions.--In this section:
(1) Disposal.--The term ``disposal'' means that the
lands identified are not available under the
proceedings outlined under section 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1713).
(2) Entry.--The term ``entry'' has the meaning as it
is used under section 103(j) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702(j)), in its
application to lands under the jurisdiction of the
Secretary.
(3) Location.--The term ``location'' has the meaning
as it is used under section 2320 of the Revised
Statutes (30 U.S.C. 23), in its application to lands
under the jurisdiction of the Secretary;
(4) Oak flat withdrawal area.--the term ``Oak Flat''
means the approximately 2,422 acres of Forest System
land in the Tonto National Forest in southeastern
Arizona commonly known as ``Oak Flat'' and generally
depicted as ``Oak Flat Withdrawal Area'' on the map
titled ``Oak Flat Withdrawal'' and dated June 15, 2021.
(5) Patent.--The term ``patent'' has the meaning as
it is used under section 2325 of the Revised Statutes
(30 U.S.C. 29), in its application to lands under the
jurisdiction of the Secretary.
(6) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(b) Repeal.--Section 3003 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (16 U.S.C. 539p) is repealed.
(c) Withdrawal.--Subject to valid rights in existence on the
date of the enactment of this section, Oak Flat is withdrawn
from all forms of disposal, location, entry, and patent.
SEC. 70202. CIVILIAN CLIMATE CORPS.
(a) National Park Service Civilian Climate Corps.--
(1) Definitions.--With regard to this subsection:
(A) Conservation project.--The term
``conservation project'' means a project for
the conservation, restoration, construction, or
rehabilitation of natural, cultural, historic,
archaeological, recreational, or scenic
resources.
(B) Corps program.--The term ``corps
program'' means a program established by a
Federal, State, Tribal, or local government, or
nonprofit organization that performs
conservation projects on Public Lands.
(C) Public lands.--The term ``Public Lands''
means lands administered by the National Park
Service.
(2) In general.--In addition to amounts otherwise
available, there is appropriated to the National Park
Service for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,700,000,000, to
remain available until September 30, 2031, except that
no amounts may be expended after September 30, 2031,
for carrying out education and job training projects
and conservation projects on Public Lands, including
through the use of direct expenditure, contracts,
grants, and cooperative agreements with corps programs.
(3) Administrative expenses.--Of the funds provided
by this subsection, no more than 2 percent shall be
used for administrative costs to carry out this
section.
(b) Bureau of Land Management Civilian Climate Corps.--
(1) Definitions.--With regard to this subsection:
(A) Conservation project.--The term
``conservation project'' means a project for
the conservation, restoration, construction, or
rehabilitation of natural, cultural, historic,
archaeological, recreational, or scenic
resources.
(B) Corps program.--The term ``corps
program'' means a program established by a
Federal, State, Tribal, or local government, or
nonprofit organization that performs
conservation projects on Public Lands.
(C) Public lands.--The term ``Public Lands''
means lands administered by the Bureau of Land
Management.
(2) In general.--In addition to amounts otherwise
available, there is appropriated to the Bureau of Land
Management for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $900,000,000,
to remain available until September 30, 2031, except
that no amounts may be expended after September 30,
2031, for carrying out education and job training
projects and conservation projects on Public Lands,
including through the use of direct expenditure,
contracts, grants, and cooperative agreements with
corps programs.
(3) Administrative expenses.--Of the funds provided
by this subsection, no more than 2 percent shall be
used for administrative costs to carry out this
section.
(c) United States Fish and Wildlife Service Civilian Climate
Corps.--
(1) Definitions.--With regard to this subsection:
(A) Conservation project.--The term
``conservation project'' means a project for
the conservation, restoration, construction, or
rehabilitation of natural, cultural, historic,
archaeological, recreational, or scenic
resources.
(B) Corps program.--The term ``corps
program'' means a program established by a
Federal, State, Tribal, or local government, or
nonprofit organization that performs
conservation projects on Public Lands.
(C) Public lands.--The term ``Public Lands''
means lands administered by the United States
Fish and Wildlife Service.
(2) In general.--In addition to amounts otherwise
available, there is appropriated to the United States
Fish and Wildlife Service for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$400,000,000, to remain available until September 30,
2031, except that no amounts may be expended after
September 30, 2031, for carrying out education and job
training projects and conservation projects on Public
Lands, including through the use of direct expenditure,
contracts, grants, and cooperative agreements with
corps programs.
(3) Administrative expenses.--Of the funds provided
by this subsection, no more than 2 percent shall be
used for administrative costs to carry out this
section.
(d) Tribal Civilian Climate Corps.--
(1) Definitions.--With regard to this subsection:
(A) Conservation project.--The term
``conservation project'' means any project for
the conservation, restoration, construction, or
rehabilitation of natural, cultural, historic,
archaeological, recreational, or scenic
resources.
(B) Corps program.--The term ``corps
program'' means a program established by a
Federal, State, Tribal, or local government, or
nonprofit organization that performs
appropriate conservation projects on Public
Lands.
(C) Indian land.--The term ``Indian land''
means land of an Indian Tribe or an Indian
individual that is--
(I) held in trust by the United
States; or
(ii) subject to a restriction against
alienation imposed by the United
States.
(D) Indian tribe.--The term ``Indian Tribe''
has the meaning given the term in section 101
of the Federally Recognized Indian Tribe List
Act (25 U.S.C. 5130).
(E) Native hawaiian.--The term ``Native
Hawaiian'' means any individual who is--
(I) a citizen of the United States;
and
(ii) a descendant of the aboriginal
people who, before 1778, occupied and
exercised sovereignty in the area that
now comprises the State of Hawaii, as
evidenced by--
(I) genealogical records;
(II) Kupuna (elders) or
Kamaaina (long-term community
residents) verification; or
(III) certified birth
records.
(F) Native hawaiian organization.--The term
``Native Hawaiian organization'' means a
private nonprofit organization that--
(I) serves the interests of Native
Hawaiians;
(ii) has Native Hawaiians in
substantive and policymaking positions
within the organization; and
(iii) is recognized by the Governor
of Hawaii for the purposes of planning,
conducting, or administering programs
(or portions of programs) for the
benefit of Native Hawaiians.
(2) In general.--In addition to amounts otherwise
available, there is appropriated to the Bureau of
Indian Affairs for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated,
$500,000,000, to remain available until September 30,
2031, except that no amounts may be expended after
September 30, 2031, for carrying out education and job
training projects and conservation projects, including
through the use of direct expenditure, contracts,
grants, and cooperative agreements with corps programs,
and including projects on Indian lands, pursuant to an
agreement between an Indian Tribe or Native Hawaiian
organization and a corps program for the benefit of an
Indian Tribe or Native Hawaiians. None of the funds
provided by this subsection shall be subject to cost-
share requirements.
(3) Administrative expenses.--Of the funds provided
by this subsection, no more than 2 percent shall be
used for administrative costs to carry out this
section.
SEC. 70203. PRESIDIO TRUST.
(a) Presidio Trust Defined.--With regard to this section, the
term ``Presidio Trust'' means the entity established under
section 103(a) of title I of division I of Public Law 104-333
and under the requirements placed upon that entity by section
104(a) of title I of division I of Public Law 104-333.
(b) In General.--In addition to amounts otherwise available,
there is appropriated to the Presidio Trust for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $200,000,000, to remain available until September
30, 2026, for carrying out projects identified by the Presidio
Trust in accordance with the purposes identified under the
first section of Public Law 92-589 (16 U.S.C. 460bb).
SEC. 70204. GRAND CANYON.
(a) Definition.--In this section:
(1) Disposal.--The term ``disposal'' means that the
lands identified are not available under the
proceedings outlined under section 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1713).
(2) Entry.--The term ``entry'' has the meaning as it
is used under section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702(j)), in its
application to lands under the jurisdiction of the
Secretary.
(3) Grand canyon protection area.--The term ``Grand
Canyon Protection Area'' means the approximately
1,054,923 acres of land depicted as ``Federal Mineral
Estate to be Withdrawn'' on the map entitled ``Grand
Canyon Protection Area'' and dated August 23, 2021.
(4) Location.--The term ``location'' has the meaning
as it is used under section 2320 of the Revised
Statutes (30 U.S.C. 23), in its application to lands
under the jurisdiction of the Secretary.
(5) Patent.--The term ``patent'' has the meaning as
it is used under section 2325 of the Revised Statutes
(30 U.S.C. 29), in its application to lands under the
jurisdiction of the Secretary.
(6) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(b) Withdrawal.--In addition to amounts otherwise available,
there is appropriated to the Bureau of Land Management for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $1,500,000, to remain available until
September 30, 2026, to carry out, subject to valid rights in
existence on the date of enactment of this section, the
withdrawal of the Grand Canyon Protection Area from all forms
of disposal, location, entry, and patent.
SEC. 70205. WILDFIRE.
(a) Protecting Communities and Ecosystems From Wildfire.--In
addition to amounts otherwise available, there is appropriated
to the Bureau of Land Management for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$900,000,000, to remain available until September 30, 2031,
except that no amounts may be expended after September 30,
2031, to reduce wildfire risk on landscapes and communities
through fire preparedness, fire science and research (including
improved fireshed mapping and management), emergency
rehabilitation, rural fire assistance, noncommercial fuels
management activities in the wildland-urban interface, the
renovation or construction of fire facilities, and for expenses
necessary to support firefighter workforce reforms. None of the
funds provided by this subsection shall be used for salvage
logging.
(b) Tribal Wildfire Prevention.--In addition to amounts
otherwise available, there is appropriated to the Bureau of
Indian Affairs for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, For carrying out the
National Indian Forest Resources Management Act (25 U.S.C. 3101
et seq.) for renewable and manageable resources,
communications, economic and cultural benefits, improved
fireshed mapping and management, and to protect Tribal forest
lands from wildfire.
(c) Forest Technology Improvements.--In addition to amounts
otherwise available, there is appropriated to the Office of
Wildland Fire Management for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $1,000,000, to
remain available until September 30, 2031, except that no
amounts may be expended after September 30, 2031, for carrying
out a research, development, and testing pilot program to--
(1) assess new technologies, including unmanned
aircraft system, geospatial, or remote sensing
technologies, across all reforestation activities;
(2) accelerate the deployment and integration of such
technologies into the operations of the Secretary of
the Interior; and
(3) collaborate and cooperate with State, Tribal, and
private geospatial information system organizations
with respect to such technologies.
SEC. 70206. URBAN PARKS.
In addition to amounts otherwise available, there is
appropriated to the National Park Service for fiscal year 2022,
out of any amounts in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2026, to
carry out direct, competitive grants to localities to create or
significantly enhance access to parks or outdoor recreation
facilities in urban areas, in accordance with the authorities
outlined under section 200305(e)(2)(A) or 200305(e)(3) of title
54, United States Code, and subject to limitations outlined
under section 200305(f)(3) of such title, of which no more than
2 percent shall be used for administrative costs to carry out
this section.
SEC. 70207. EVERY KID OUTDOORS.
(a) Definitions.--With respect to this section:
(1) Federal land and waters.--The term ``Federal land
and waters'' means any Federal land or body of water
under the jurisdiction of the Director to which the
public has access.
(2) Director.--The term ``Director'' means the
Director of the National Park Service.
(3) Student or students.--The term ``student'' or
``students'' means any fourth, fifth, or sixth grader
or home-schooled learner 10 years of age residing in
the United States.
(b) In General.--In addition to amounts otherwise available,
there is appropriated to the National Park Service for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until September
30, 2031, except that no amounts may be expended after
September 30, 2031, for the carrying out of the issuance and
administration of passes, effective during the period beginning
on September 1 and ending on August 31 of the following year,
at the request of a student, which allows access, when the
student to which the pass was issued is present, to Federal
lands and waters for which access is subject to an entrance,
standard amenity, or day use fee, free of charge for the
student and three accompanying adults, and for carrying out the
purposes outlined under section 9001(b)(3)(D) of Public Law
116-9.
SEC. 70208. NATIONAL PARK SERVICE CLIMATE RESILIENCE.
In addition to amounts otherwise available, there is
appropriated to the National Park Service for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$115,000,000, to remain available until September 30, 2031,
except that no amounts may be expended after September 30,
2031, for the protection, restoration, and resiliency of public
lands and resources in accordance with the purposes outlined in
section 100101(a) of title 54, United States Code. None of the
funds provided by this section shall be subject to cost-sharing
requirements.
SEC. 70209. BUREAU OF LAND MANAGEMENT CLIMATE RESILIENCE.
In addition to amounts otherwise available, there is
appropriated to the Bureau of Land Management for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $110,000,000, to remain available until September
30, 2031, except that no amounts may be expended after
September 30, 2031, for the protection, restoration, and
resiliency of public lands and resources in accordance with the
purposes outlined in section 102(a)(8) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701(a)(8). None
of the funds provided by this section shall be subject to cost-
sharing requirements.
SEC. 70210. HISTORIC PRESERVATION.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Director of the National Park
Service for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $75,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, to carry out preservation or
historic preservation as defined by section 300315 of title 54,
United States Code.
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70211. THOMPSON DIVIDE.
(a) Thompson Divide Withdrawal.--
(1) Thompson divide withdrawal and protection area
defined.--For the purposes of this subsection, the term
``Thompson Divide Withdrawal and Protection area''
means the Federal land and minerals generally depicted
as the ``Thompson Divide Withdrawal and Protection
Area'' on the map entitled ``Greater Thompson Divide
Area Map'' and dated June 13, 2019.
(2) Withdrawal.--Subject to valid rights in existence
on the date of the enactment of this section, the
Thompson Divide Withdrawal and Protection Area is
withdrawn from--
(A) entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(b) Thompson Divide Lease Payments.--
(1) Thompson divide withdrawal and protection area
defined.--With regard to this subsection, the term
``Thompson Divide Withdrawal and Protection Area''
means the Federal land and minerals generally depicted
as the ``Thompson Divide Withdrawal and Protection
Area'' on the map entitled ``Greater Thompson Divide
Area Map'' and dated June 13, 2019.
(2) In general.--In addition to amounts otherwise
available, there is appropriated to the Bureau of Land
Management for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $500,000 to
remain available until September 30, 2026, to acquire,
from willing sellers, the rights to oil or gas leases
within the Thompson Divide Withdrawal and Protection
Area, provided such leases are in effect on the date of
enactment of this subsection. All rights acquired under
this subsection shall be permanently cancelled and
unavailable for reissue.
(3) Administrative expenses.--Of the funds provided
by this subsection, no more than 2 percent shall be
used for administrative costs to carry out this
subsection.
(c) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Pilot program area defined.--For the purposes of
this subsection, the term ``pilot program area'' means
the areas identified as ``Coal Mine Methane Capture
Areas'' on the map entitled ``Greater Thompson Divide
Fugitive Coal Mine Methane Use Pilot Program Area'' and
dated June 17, 2019.
(2) In general.--In addition to amounts otherwise
available, there is appropriated to the Bureau of Land
Management for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $1,000,000 to
remain available until September 30, 2026, for carrying
out a pilot program in the pilot program area to
inventory and, subject to valid existing rights, to
lease, capture, mitigate or sequester methane emissions
that would leak or be vented into the atmosphere from
an active, inactive, or abandoned underground coal
mine.
SEC. 70212. CHACO CANYON.
(a) Definitions.--For the purposes of this section:
(1) Chaco cultural heritage withdrawal area.--The
term ``Chaco Cultural Heritage Withdrawal Area'' means
the Federal land generally depicted as the ``Chaco
Cultural Heritage Withdrawal Area'' on the map entitled
``Chaco Cultural Heritage Withdrawal Area'' and dated
April 2, 2019.
(2) Non-producing leases.--The term ``non-producing
leases'' means any oil and gas lease on Federal land
within the Chaco Cultural Heritage Withdrawal Area--
(A) on which drilling operations have not
been commenced before the end of the primary
term of the applicable lease;
(B) that is not producing oil and gas in
paying quantities; and,
(C) that is not subject to a valid
cooperative or unit plan of development.
(b) Withdrawal.--Subject to valid rights in existence on the
date of enactment of this section, the Chaco Cultural Heritage
Withdrawal Area is withdrawn from--
(1) entry and disposal under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(c) Non-producing Leases.--A non-producing lease shall
terminate pursuant to section 17(e) of the Mineral Leasing Act
(30 U.S.C. 226(e)) and subpart 3108 of title 43, Code of
Federal Regulations, and may not be extended.
Subtitle C--Drought Response and Preparedness
SEC. 70301. BUREAU OF RECLAMATION WATER SETTLEMENT FUNDING.
Section 10501 of the Omnibus Public Land Management Act of
2009 (43 U.S.C. 407) is amended as follows:
(1) In subsection (b), by adding at the end the
following:
``(3) Additional deposits.--In addition to amounts
otherwise available, there is appropriated--
``(A) for fiscal year 2032 and each fiscal
year thereafter out of any money in the
Treasury not otherwise appropriated,
$370,000,000, for deposit in the Fund, to
remain available until expended; and
``(B) for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated,
$2,000,000,000, for deposit in the Fund, to
remain available until September 30, 2031,
except that no amounts may be expended after
September 30, 2031.''.
(2) In subsection (c)(1)--
(A) in subparagraph (A), by striking ``for
each of fiscal years 2020 through 2034, the
Secretary may expend from the Fund an amount
not to exceed $120,000,000,'' and inserting
``for fiscal year 2022 and each fiscal year
thereafter, the Secretary may expend from the
Fund an amount not to exceed $370,000,000'';
(B) in subparagraph (B), by striking ``more
than $120,000,000, for any fiscal year if such
amounts are available in the Fund due to
expenditures not reaching $120,000,000'' and
inserting ``more than $370,000,000 for any
fiscal year if such amounts are available in
the Fund, for the fiscal year in which
expenditures are made pursuant to subparagraph
(D) and paragraphs (2) and (3)''; and
(C) by adding at the end the following:
``(C) The Secretary shall expend all amounts
in the Fund available from deposits made under
subsection (b)(1) and subsection (b)(3)(B) not
later than the end of fiscal year 2031.
``(D) If, in the judgment of the Secretary on
an annual basis, the Secretary is unlikely to
expend the amounts as required under
subparagraph (C) because expenditures cannot be
made for activities authorized under paragraph
(2), the Secretary shall expend from the Fund
on an annual basis any projected unspent
amounts by not later than the end of fiscal
year 2031 on grants to disadvantaged
communities (identified according to criteria
adopted by the Secretary) or on grants to
Indian Tribes (as defined in section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)), in a manner
as determined by the Secretary, for up to 100
percent of the cost of the planning, design, or
construction of water projects the primary
purpose of which is to provide potable water
supplies to communities or households that do
not have reliable access to potable water in a
State or territory described in the first
section of the Act of June 17, 1902 (43 U.S.C.
391; 32 Stat. 388, chapter 1093).''.
(3) In subsection (c), by amending paragraph (2) to
read as follows:
``(2) Authority.--
``(A) Non-tribal settlement expenditures.--
The Secretary may expend money from the Fund to
implement a settlement agreement approved by
Congress that resolves, in whole or in part,
litigation involving the United States and a
party that is not an Indian Tribe (as defined
in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)),
if the settlement agreement or implementing
legislation requires the Bureau of Reclamation
to provide financial assistance for, or plan,
design, and construct--
``(i) water supply infrastructure; or
``(ii) a project--
``(I) to rehabilitate a water
delivery system to conserve
water; or
``(II) to restore habitat or
otherwise improve environmental
conditions associated with or
affected by, or located within
the same river basin as, a
Federal reclamation project
that is in existence on March
30, 2009.
``(B) Tribal expenditures.--The Secretary may
expend money from the Fund to implement a
settlement agreement approved by Congress that
resolves, in whole or in part, claims
concerning Indian water resources, if the
settlement agreement or implementing
legislation authorizes the Secretary to provide
financial assistance for, or plan, design, and
construct--
``(i) water supply infrastructure; or
``(ii) a project--
``(I) to rehabilitate a water
delivery system to conserve
water; or
``(II) to restore habitat or
otherwise improve environmental
conditions associated with or
affected by, or located within
the same river basin as, a
Federal reclamation project.''.
(5) In subsection (c)(3)(C), by striking ``for any
authorized use'' and inserting ``for any use authorized
under paragraph (2) or paragraph (1)(D)''.
(6) By striking subsection (f).
SEC. 70302. EMERGENCY DROUGHT RELIEF.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Bureau of Reclamation for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,000,000,000, to remain available until
September 30, 2026, except that no amounts shall be expended
after September 30, 2026, for near-term drought relief actions
carried out under--
(1) the Reclamation States Emergency Drought Relief
Act of 1991 (Public Law 102-250);
(2) the Klamath Basin Water Supply Enhancement Act of
2000 (Public Law 106-498);
(3) section 201 of division D of Public Law 108-7; or
(4) section 1109 of division FF of Public Law 116-
260.
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent may be used for administrative
costs to carry out this section.
SEC. 70303. EMERGENCY DROUGHT RELIEF FOR TRIBES.
In addition to amounts otherwise available, there is
appropriated to the Bureau of Reclamation for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$150,000,000, to remain available until September 30, 2026,
except that no amounts may be expended after September 30,
2026, for near-term drought relief actions to mitigate drought
impacts for Indian Tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)) that are impacted by the operation of a Bureau of
Reclamation water project, including through direct financial
assistance to address drinking water shortages and to mitigate
for the loss of Tribal trust resources.
SEC. 70304. SALTON SEA PROJECTS.
(a) Appropriation.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Bureau of
Reclamation for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $250,000,000,
to remain available until September 30, 2031, except
that no amounts may be expended after September 30,
2031, to provide grants and enter into contracts and
cooperative agreements to carry out projects located in
the area of the Salton Sea in Southern California to
improve air quality, habitat, and water quality, in
partnership with--
(A) State, Tribal, and local governments;
(B) water districts;
(C) joint powers authorities;
(D) nonprofit organizations; and
(E) institutions of higher education.
(2) Cost share.--The non-Federal share of the cost of
a project under this subsection shall be 50 percent of
the cost of the project.
(b) Included Activities.--The projects described in
subsection (a) may include--
(1) construction, operation, maintenance, permitting,
and design activities required for such projects; and
(2) dust suppression projects.
(c) Funding Eligibility.--To be eligible to receive funding,
non-Tribal grantees must demonstrate compliance with prevailing
wage requirements.
(d) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70305. WATER RESOURCES RESEARCH AND TECHNOLOGY INSTITUTES.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the United States Geological Survey
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $75,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, for carrying out section 104 of the
Water Resources Research Act of 1984 (42 U.S.C. 10303).
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70306. FEDERAL PRIORITY STREAMGAGES.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the United States Geological Survey
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $150,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, for making operational streamgages
that are identified by the Secretary of the Interior as Federal
priority streamgages.
(b) Collaboration With Non-federal Partners.--The United
States Geological Survey shall prioritize the expenditure of
funds available under subsection (a) in a manner that seeks to
leverage the use of non-Federal funds made available through
streamgage funding agreements with States and local agencies to
improve environmental quality and water supply reliability.
(c) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70307. SNOW WATER SUPPLY FORECASTING.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Bureau of Reclamation for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until September
30, 2031, except that no amounts may be expended after
September 30, 2031, for carrying out section 1111 of division
FF of the Consolidated Appropriations Act, 2021 (Public Law
116-260).
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70308. WATER TECHNOLOGY INVESTMENT.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Bureau of Reclamation for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until September
30, 2031, except that no amounts may be expended after
September 30, 2031, for carrying out section 1112 of division
FF of the Consolidated Appropriations Act, 2021 (Public Law
116-260).
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70309. AQUATIC ECOSYSTEM RESTORATION.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Bureau of Reclamation for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $250,000,000, to remain available until September
30, 2031, except that no amounts may be expended before fiscal
year 2027 or after September 30, 2031, for carrying out section
1109 of division FF of the Consolidated Appropriations Act,
2021 (Public Law 116-260).
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70310. LARGE SCALE WATER REUSE.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
means--
(A) a State, Indian Tribe, municipality,
irrigation district, water district, wastewater
district, or other organization with water or
power delivery authority;
(B) a State, regional, or local authority,
the members of which include 1 or more
organizations with water or power delivery
authority; or
(C) an agency established under State law for
the joint exercise of powers or a combination
of entities described in subparagraphs (A)
through (B).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).
(3) Reclamation state.--The term ``Reclamation
State'' means a State or territory described in the
first section of the Act of June 17, 1902 (32 Stat.
388, chapter 1093; 43 U.S.C. 391).
(b) In General.--In addition to amounts otherwise available,
there is appropriated to the Bureau of Reclamation for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until September
30, 2031, except that no amounts may be expended before fiscal
year 2027 or after September 30, 2031, to provide
nonreimbursable grants on a competitive basis to eligible
entities that shall not exceed 25 percent of the total cost of
an eligible project unless the project advances at least a
proportionate share of nonreimbursable benefits authorized
under the reclamation laws (including fish and wildlife
benefits provided through measurable reductions in water
diversions from imperiled ecosystems) up to a maximum 75
percent of the total costs of an eligible project, to carry out
the planning, design, and construction of projects to reclaim
and reuse municipal, industrial, domestic, or agricultural
wastewater or impaired ground or surface waters that have a
total estimated cost of more than $500,000,000 and that provide
substantial water supply and other benefits to drought stricken
regions within the Reclamation States for the purposes of--
(1) helping to advance water management plans across
a multi-state area, such as drought contingency plans
in the Colorado River Basin;
(2) providing multiple benefits, including water
supply reliability benefits for drought-stricken
States, Tribes, and communities, fish and wildlife
benefits, and water quality improvements; and
(3) reducing impacts on environmental resources from
water projects owned or operated by Federal and State
agencies, including through measurable reductions in
water diversions from imperiled ecosystems.
(c) Total Dollar Cap.--The Bureau of Reclamation shall not
impose a total dollar cap on Federal contributions that applies
to all individual projects funded under this section.
(d) Funding Eligibility.--An eligible project shall not be
considered ineligible for assistance under this section because
the project has received assistance authorized under title XVI
of Public Law 102-575 or section 4009 of Public Law 114-322.
(e) Treatment of Conveyance.--The Bureau of Reclamation shall
consider the planning, design, and construction of an eligible
project's conveyance system to be eligible for grant funding
under this section.
SEC. 70311. CONVEYANCE REPAIRS AND BUILD BACK BETTER FUNDS FOR SOLAR
CANAL INTEGRATION.
(a) Conveyance Repairs.--In addition to amounts otherwise
available, there is appropriated to the Bureau of Reclamation
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, to provide nonreimbursable grants in
a manner as determined by the Secretary of the Interior (in
this section referred to as the ``Secretary'') on a competitive
basis to eligible entities that in aggregate shall not exceed
33 percent of the total cost of an eligible project to carry
out the planning, design, and construction of projects to make
major, non-recurring maintenance repairs to water conveyance
facilities that do not enlarge the carrying capacity of a
conveyance facility beyond the capacity as previously
constructed for conveyance facilities in need of emergency
capacity restoration due to subsidence and experiencing
exceptional drought for the purposes of increasing drought
resiliency, primarily through groundwater recharge.
(b) Build Back Better Funds for Solar Canal Integration.--In
addition to amounts otherwise available, there is appropriated
to the Bureau of Reclamation for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $100,000,000,
to remain available until September 30, 2031, except that no
amounts may be expended after September 30, 2031, for the
design, study, and implementation of projects (including pilot
and demonstration projects) to cover conveyance facilities
receiving grants under subparagraph (a) with solar panels to
generate renewable energy in a manner as determined by the
Secretary or for other solar projects associated with Bureau of
Reclamation projects that increase water efficiency and assist
in implementation of clean energy goals.
SEC. 70312. RIO GRANDE PUEBLOS IRRIGATION INFRASTRUCTURE GRANTS.
In addition to amounts otherwise available, there is
appropriated to the Bureau of Reclamation for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$200,000,000, to remain available until September 30, 2031,
except that no amounts may be expended after September 30,
2031, for carrying out section 9106(d) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11).
Subtitle D--Efficient and Effective NEPA Implementation
SEC. 70401. EFFICIENT AND EFFECTIVE NEPA IMPLEMENTATION.
In addition to amounts otherwise available, there is
appropriated to the Department of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $150,000,000, to remain available until September
30, 2031, except that no amounts may be expended after
September 30, 2031, to provide for more efficient and more
effective environmental reviews under the National
Environmental Policy Act of 1969 through the hiring and
training of additional personnel, the development of
programmatic assessments or templates, the procurement of
technical or scientific services, the development of data or
technology systems, stakeholder and community engagement, and
the purchase of new equipment.
Subtitle E--National Oceanic and Atmospheric Administration
SEC. 70501. COASTAL AND GREAT LAKES RESTORATION AND TECHNICAL
ASSISTANCE.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $9,500,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, through direct
expenditure, contracts, grants, and cooperative agreements to
provide funding and technical assistance for the purposes of
restoring a marine, estuarine, coastal, or Great Lake habitat;
or providing adaptation to climate change, including by
protecting, restoring, or establishing ecological features that
protects coastal communities from sea-level rise, coastal
storms, or flooding; or designing or implementing blue carbon
projects. None of the funds provided by this section shall be
subject to cost share or matching requirements.
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70502. PACIFIC COASTAL SALMON RECOVERY FUND.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of funds in the
Treasury not otherwise appropriated $400,000,000, to remain
available until 2026, for the purposes of climate resilience,
habitat protection, and other habitat restoration projects to
recover Pacific salmon. None of the funds provided by this
section shall be subject to cost-sharing or matching
requirements.
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70503. NOAA STOCK ASSESSMENTS.
(a) Stock Assessments.--In addition to amounts otherwise
available, there is appropriated to the National Oceanic and
Atmospheric Administration for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $200,000,000,
to remain available until September 30, 2031, except that no
amount may be expended after September 30, 2031, for carrying
out section 401 of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006 (16 U.S.C. 1881)
and, section 117 of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1386) for fisheries data collections, surveys, and
science, management, and ecosystem-based assessments in support
of federally managed marine fisheries.
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70504. COASTAL HAZARDS AND SEA LEVEL RISE.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for carrying out the
provisions of section 12304 of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3603), section 4 of
the Digital Coast Act (16 U.S.C. 1467), section 310 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456c), section
303 of the Hydrographic Services Improvement Act of 1988 (33
U.S.C. 892a), and the first section and section 2 of the Act of
August 6, 1947 (chapter 504; 33 U.S.C. 883a and 33 U.S.C.
883b), popularly known as the Coast and Geodetic Survey Act of
1947; for the purposes of making upgrades to the Integrated
Ocean Observing System; making upgrades to the Shoreline
Mapping Program; developing products, services, and coordinated
decision-support frameworks with respect to coastal floods, sea
level rise, Great Lakes water level, and vertical land motion
data and conducting the research and development necessary to
support such products and services; producing and maintaining
authoritative and timely data, maps, charts, tidal and water
level observations and information services for communities to
plan for present and future coastal flood risks and to sustain
the economic viability of ports and marine transportation
system; and providing technical assistance to States, Insular
areas, local governments, and end user at-risk communities.
SEC. 70505. BLUE CARBON.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $95,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for carrying out the
provisions of section 117 of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 (16
U.S.C. 1891a); and section 309 of the National Marine
Sanctuaries Act (16 U.S.C. 1440); for research and extension
activities to characterize, quantify, map, and study blue
carbon ecosystems or protection and restoration efforts in blue
carbon ecosystems, which include marine and coastal freshwater,
brackish, and saltwater-fed ecosystems, such as coastal wetland
forest and other tidal or historically tidal wetlands that have
the capacity to sequester carbon from the atmosphere for a
period of not less than 100 years in the Gulf of Mexico region.
SEC. 70506. COASTAL HAZARDS IN UNITED STATES INSULAR AREAS.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $50,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for carrying out the
provisions of the Integrated Coastal and Ocean Observation
System Act of 2009 (33 U.S.C. 3601), section 4 of the Digital
Coast Act (16 U.S.C. 1467, and section 303 of the Hydrographic
Services Improvement Act (33 U.S.C. 892a) to improve weather
data collection and provide science, data, information, and
impact-based decision support services to reduce tsunami,
hurricane, typhoon, drought, tide, and sea-level rise impacts
in Insular Areas.
SEC. 70507. NMFS SHORESIDE FACILITIES.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $150,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for carrying out the
provisions of sections 404 through 408 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1881c-1884),
to replace, renovate, or maintain aging facilities in need of
repair or replacement including piers, fisheries laboratories,
and laboratory facilities.
SEC. 70508. NOAA VESSEL RECAPITALIZATION.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
treasury not otherwise appropriated, $300,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for vessel
recapitalization needs.
SEC. 70509. CIVILIAN CLIMATE CORPS AT NOAA.
(a) NOAA Civilian Climate Corps.--In addition to amounts
otherwise available, there is appropriated to the National
Oceanic and Atmospheric Administration for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$120,000,000, to remain available until September 30, 2026, to
carry out education and job training projects that conserve,
restore, construct, or rehabilitate natural, cultural,
historic, archaeological, recreational, or scenic resources
through direct expenditure, contracts, grants, and cooperative
agreements. None of the funds provided by this section shall be
subject to cost-sharing or matching requirements.
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70510. NOAA HATCHERIES.
(a) NOAA Hatcheries.--In addition to amounts otherwise
available, there is appropriated to the National Oceanic and
Atmospheric Administration, for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $250,000,000,
to remain available until September 30, 2026, for grants to
States and Indian Tribes (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304), to repair, replace, and upgrade hatchery infrastructure
for production of a marine fishery. None of the funds provided
by this section shall be subject to cost-sharing or matching
requirements.
(b) Funding Eligibility.--To be eligible to receive funding
under this section, non-Tribal grantees must demonstrate
compliance with prevailing wage requirements.
SEC. 70511. ELECTRONIC MONITORING.
(a) Electronic Monitoring.--In addition to amounts otherwise
available, there is appropriated to the National Oceanic and
Atmospheric Administration for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $75,000,000,
to remain available until September 30, 2031, except that no
amounts may be expended after September 30, 2031, for the
purposes of supporting the continued and timely implementation
of electronic monitoring and fishing effort reporting.
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70512. WORKING WATERFRONTS.
(a) Working Waterfronts.--In addition to amounts otherwise
available, there is appropriated to the National Oceanic and
Atmospheric Administration for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $160,000,000,
to remain available until September 30, 2031, except that no
amounts may be expended after September 30, 2031, for carrying
out the provisions of section 309 of the Coastal Zone
Management Act (16 U.S.C. 1456b) through direct expenditure,
contracts, grants, and cooperative agreements for projects that
preserve and protect coastal access for water-dependent
commercial activities.
(b) Funding Eligibility.--To be eligible to receive funding
under this section, the grantee must demonstrate compliance
with prevailing wage requirements.
SEC. 70513. MARINE SANCTUARY AND NATIONAL ESTUARINE RESEARCH RESERVE
MAINTENANCE BACKLOG.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $98,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for carrying out the
provisions of the National Marine Sanctuary Act (16 U.S.C.
1431) and the Coastal Zone Management Act (16 U.S.C. 1461) for
construction, maintenance, and renovation of facilities of
National Marine Sanctuaries and National Estuarine Research
Reserves.
SEC. 70514. SEAFOOD IMPORT MONITORING PROGRAM EXPANSION.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for carrying out the
provisions of section 307 of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act (16 U.S.C.
1857(1)(Q)), to expand the Seafood Import Monitoring Program to
apply to all seafood and seafood products.
Subtitle F--United States Fish and Wildlife Service
SEC. 70601. ENDANGERED SPECIES ACT RECOVERY PLANS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the United States Fish and Wildlife
Service for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $75,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for the development and
implementation of recovery plans under section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)).
(b) Candidate Conservation.--In addition to the amounts
otherwise available, there is appropriated to the United States
Fish and Wildlife Service for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $75,000,000,
to remain available until September 30, 2031, except that no
amounts may be expended after September 30, 2031, for
developing Candidate Conservation Agreements and Candidate
Conservation Agreements with Assurances for candidate and other
at-risk species pursuant section 10 of the Endangered Species
Act (16 U.S.C. 1539).
SEC. 70602. ENDANGERED SPECIES ACT HABITAT CONSERVATION.
In addition to amounts otherwise available, there is
appropriated to the United States Fish and Wildlife Service for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, for United States Fish and Wildlife
Service responsibilities in the development, review, and
permitting of Habitat Conservation Plans under section 10(a)(2)
of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(2))
and for State programs under section 6(d) of the Endangered
Species Act of 1973 (16 U.S.C. 1535(d)).
SEC. 70603. ENDANGERED SPECIES ACT INTERAGENCY CONSULTATIONS.
In addition to amounts otherwise available, there is
appropriated to the United States Fish and Wildlife Service for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $40,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, for carrying out consultations with
Federal agencies that undertake agency actions affecting
endangered species and threatened species under section 7 of
the Endangered Species Act of 1973 (16 U.S.C. 1536).
SEC. 70604. FUNDING FOR ISLAND PLANT CONSERVATION.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the United States Fish and Wildlife
Service for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $25,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for the conservation of
endangered species and threatened species of plants in the
Hawaiian Islands and the Pacific Island Territories of the
United States as authorized by section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533).
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70605. FUNDING FOR POLLINATOR CONSERVATION.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the United States Fish and Wildlife
Service for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $25,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for the conservation of
endangered species and threatened species of pollinators in the
United States as authorized by section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533).
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70606. FUNDING FOR MUSSEL CONSERVATION.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the United States Fish and Wildlife
Service for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $25,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for the conservation of
endangered species and threatened species of freshwater mussels
in the United States as authorized by section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533).
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70607. FUNDING FOR DESERT FISH CONSERVATION.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the United States Fish and Wildlife
Service for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $25,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for the conservation of
endangered species and threatened species of desert fish in the
Southwestern United States as authorized by section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533).
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70608. FUNDING FOR THE UNITED STATES FISH AND WILDLIFE SERVICE TO
ADDRESS CLIMATE-INDUCED WEATHER EVENTS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the United States Fish and Wildlife
Service for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $100,000,000, to remain available
until September 30, 2031, except that no amounts may be
expended after September 30, 2031, for the purposes of carrying
out the Fish and Wildlife Act of 1956 (16 U.S.C. 742a) and the
Fish and Wildlife Coordination Act (16 U.S.C. 661), through
direct expenditure, contracts, grants, and cooperative
agreements, for the purposes of rebuilding and restoring units
of the National Wildlife Refuge System, other Federal public
assets, and State wildlife management areas including by
addressing the threat of invasive species, increasing the
resiliency and capacity of habitats and infrastructure to
withstand weather events, or reducing the amount of damage
caused by those events. None of the funds provided by this
section shall be subject to cost-share requirements.
(b) Administrative Expenses.--Of the funds provided by this
section, no more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70609. FUNDING FOR THE UNITED STATES FISH AND WILDLIFE SERVICE FOR
WILDLIFE CORRIDOR CONSERVATION.
In addition to amounts otherwise available, there is
appropriated to the United States Fish and Wildlife Service for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available until
September 30, 2026, except that no amounts may be expended
after September 30, 2026, to carry out the provisions of the
Fish and Wildlife Act of 1956 (16 U.S.C. 742a) and the Fish and
Wildlife Coordination Act (16 U.S.C. 661) through direct
expenditure,, contracts, grants, and cooperative agreements,
for mapping wildlife corridors and providing assistance to
States and Indian Tribes as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304) for the conservation and restoration of wildlife
corridors.
SEC. 70610. FUNDING FOR THE UNITED STATES FISH AND WILDLIFE SERVICE FOR
GRASSLAND RESTORATION.
In addition to amounts otherwise available, there is
appropriated to the United States Fish and Wildlife Service for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available until
September 30, 2026, except that no amounts may be expended
after September 30, 2026, to carry out the provisions of the
Fish and Wildlife Act of 1956 (16 U.S.C. 742a) and the Fish and
Wildlife Coordination Act (16 U.S.C. 661) through direct
expenditure, contracts, grants, and cooperative agreements, for
the protection and restoration of grassland habitats.
Subtitle G--Insular Affairs
SEC. 70701. INSULAR AFFAIRS HOSPITAL AND OTHER CRITICAL HEALTH
INFRASTRUCTURE FUNDING.
In addition to amounts otherwise available, there is
appropriated to the Department of the Interior Office of
Insular Affairs for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $993,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for hospitals and other
critical health infrastructure in the territories. Amounts made
available under this section shall be divided among the
territories in accordance with needs identified by assessments
completed by the Department of the Interior, Office of Insular
Affairs, of health care facilities in each territory, but not
less than 35 percent shall be provided to Guam, not less than
35 percent shall be provided to the United States Virgin
Islands, not less than 20 percent shall be provided to the
Commonwealth of the Northern Mariana Islands, and not less than
10 percent shall be provided to American Samoa.
SEC. 70702. OFFICE OF INSULAR AFFAIRS CLIMATE CHANGE TECHNICAL
ASSISTANCE.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Department of the Interior Office
of Insular Affairs for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $25,000,000, to remain
available until September 30, 2026, to provide technical
assistance for climate-change planning, mitigation, adaptation,
and resilience to United States-affiliated Insular Areas under
the Office of Insular Affairs.
(b) Administrative Expenses.--Of the funds provided by this
section, not more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70703. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES FOR CERTAIN
RESIDENTS OF THE ISLAND OF VIEQUES, PUERTO RICO.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Department of the Interior Office
of Insular Affairs, for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $300,000,000, to
remain available until September 30, 2031, except that no
amounts may be made available after September 30, 2031, to
compensate through the appointment of a Special Master, the
municipality of Vieques, and an individual claimant who is or
was a resident, the child of a resident, or an immediate heir
(as determined by the laws of Puerto Rico) of a deceased
claimant who was a resident on the island of Vieques, Puerto
Rico, in the period or after the United States Government used
the island of Vieques, Puerto Rico, for military readiness.
(b) Administrative Expenses.--Of the funds provided by this
section, not more than 2 percent shall be used for
administrative costs to carry out this section.
SEC. 70704. DEFINITIONS.
For the purposes of this subtitle:
(1) Freely associated states.--The term ``Freely
Associated States'' means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau.
(2) United states-affiliated insular areas.--The term
``United States-affiliated Insular Areas'' means the
territories and Freely Associated States.
(3) Territories.--The term ``territories'' means
American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, and the Virgin
Islands of the United States.
(4) Territory.--The term ``territory'' means American
Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, Puerto Rico, or the Virgin Islands of
the United States.
Subtitle H--Energy and Mineral Resources
SEC. 70801. OFFSHORE WIND FOR THE TERRITORIES.
(a) Application of Outer Continental Shelf Lands Act With
Respect to Territories of the United States.--
(1) In general.--Section 2 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331) is amended--
(A) in subsection (a)--
(i) by striking ``The term'' and
inserting the following:
``(1) The term''
(ii) by inserting after ``control''
the following: ``or lying within the
exclusive economic zone of the United
States and the outer Continental Shelf
adjacent to any territory of the United
States''; and
(iii) by adding at the end the
following:
``(2) The term `outer Continental Shelf' does not
include any area conveyed by Congress to a territorial
government for administration.'';
(B) in subsection (p), by striking ``and''
after the semicolon at the end;
(C) in subsection (q), by striking the period
at the end and inserting ``; and''; and
(D) by adding at the end the following:
``(r) The term `State' means any of the several States and
also includes Puerto Rico, Guam, American Samoa, the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands.''.
(2) Exclusions.--Section 18 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1344) is amended by adding
at the end the following:
``(i) This section shall not apply to the scheduling of any
lease sale in an area of the outer Continental Shelf that is
adjacent to Puerto Rico, Guam, American Samoa, the Virgin
Islands of the United States, or the Commonwealth of the
Northern Mariana Islands.''.
(b) Wind Lease Sales for Areas of the Outer Continental
Shelf.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.) is amended by adding at the end the following:
``SEC. 33. WIND LEASE SALES FOR AREAS OF THE OUTER CONTINENTAL SHELF
OFFSHORE OF TERRITORIES OF THE UNITED STATES.
``(a) Wind Lease Sales Off Coasts of Territories of the
United States.--
``(1) Call for information and nominations.--The
Secretary shall issue a call for information and
nominations for proposed wind lease sales for areas
determined to be feasible.
``(2) Conditional wind lease sales.--For areas lying
within the exclusive economic zone of the United States
adjacent to Puerto Rico, Guam, American Samoa, the
Virgin Islands of the United States, and the
Commonwealth of the Northern Mariana Islands, the
Secretary shall conduct not less than one wind lease
sale in each such area, so long as:
``(A) The Secretary has concluded that a wind
lease sale on the area is feasible.
``(B) The Secretary has determined that there
is sufficient interest in leasing the area.
``(C) The Secretary has consulted with other
relevant Federal agencies regarding such sale.
``(D) The Secretary has consulted with the
Governor of the territory regarding the
suitability of the area for wind energy
development.''.
SEC. 70802. LEASING ON THE OUTER CONTINENTAL SHELF.
(a) Leasing Authorized.--The Secretary of the Interior is
authorized to grant leases, easements, and rights-of-way
pursuant to section 8(p)(1)(C) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(p)(1)(C)) in the areas withdrawn by
the Presidential Memorandum entitled ``Memorandum on the
Withdrawal of Certain Areas of the United States Outer
Continental Shelf from Leasing Disposition'' (issued September
8, 2020) and the Presidential Memorandum entitled
``Presidential Determination on the Withdrawal of Certain Areas
of the United States Outer Continental Shelf from Leasing
Disposition'' (issued September 25, 2020).
(b) Withdrawals.--Any Presidential withdrawal of an area of
the Outer Continental Shelf from leasing under section 12(a) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a))
issued after the date of enactment of this Act shall apply only
to leasing authorized under subsections (a) and (i) of section
8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)
and 1337(i)), unless otherwise specified.
SEC. 70803. UNITED STATES GEOLOGICAL SURVEY.
(a) 3D Elevation Program.--In addition to amounts otherwise
available, there is appropriated to the United States
Geological Survey for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $50,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, to carry out the 3D
elevation program (43 U.S.C. 3104).
(b) Climate Adaptation Science Centers.--In addition to
amounts otherwise available, there is appropriated to the
United States Geological Survey for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2031,
except that no amounts may be expended after September 30,
2031, for the Regional and National Climate Adaptation Science
Centers to provide localized information to help communities
respond to climate change.
SEC. 70804. FOSSIL FUEL RESOURCES.
(a) Repeal of the Arctic National Wildlife Refuge Oil and Gas
Program.--Section 20001 of Public Law 115-97 is repealed and
any leases issued pursuant to section 20001 of Public Law 115-
97 are hereby cancelled and all payments related to the leases
shall be returned to the lessee(s) within 30 days of enactment
of this Act.
(b) Protection of the Eastern Gulf, Atlantic, and Pacific
Coasts.--Section 8 of the Outer Continental Shelf Lands Act (43
U.S.C. 1337) is amended by adding at the end the following:
``(q) Prohibition of Oil and Gas Leasing in Certain Areas of
the Outer Continental Shelf.--The Secretary of the Interior may
not issue a lease or any other authorization for the
exploration, development, or production of oil or natural gas
in the areas of the Outer Continental Shelf designated by
section 104(a) of the Gulf of Mexico Energy Security Act of
2006 or in any area within the Atlantic Region planning areas
or the Pacific Region planning areas (as such planning areas
are described in the document entitled `2017 - 2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program'
dated November 2016, or a subsequent oil and gas leasing
program developed under section 18 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1344).''.
(c) Onshore Fossil Fuel Royalty Rates.--The Mineral Leasing
Act (30 U.S.C. 207) is amended--
(1) in section 7(a), by striking ``12\1/2\'' and
inserting ``20'';
(2) in section 17, by--
(A) striking ``12.5'' each place such term
appears and inserting ``20''; and
(B) striking ``12 \1/2\'' each place such
term appears and inserting ``20''; and
(3) in section 31(e), by striking ``16 \2/3\'' both
places such term appears and inserting ``25''.
(d) Offshore Oil and Gas Royalty Rate.--Section 8 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended
by striking--
(1) ``12 \1/2\'' each place such term appears and
inserting ``20''; and
(2) ``12 and \1/2\'' each place such term appears and
inserting ``20''.
(e) Oil and Gas Minimum Bid.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is amended--
(1) in subsection (b)(1)(B)--
(A) by striking ``$2 per acre'' and inserting
``$10 per acre, except as otherwise provided by
this paragraph''; and
(B) by striking ``Federal Onshore Oil and Gas
Leasing Reform Act of 1987'' and inserting
``subtitle H of the Act to provide for
reconciliation pursuant to title II of S. Con.
Res. 14 of the 117th Congress'';
(2) in subsection (b)(2)(C), by striking ``$2 per
acre'' and inserting ``$10 per acre''; and
(3) by adding at the end the following:
``(q) Inflation Adjustment.--The Secretary shall--
``(1) by regulation, at least once every 4 years,
adjust each of the dollar amounts that apply under
subsections (b)(1)(B), (b)(2)(C), and (d) to reflect
the change in inflation; and
``(2) publish each such regulation in the Federal
Register.''.
(f) Deferred Coal Bonus Payments.--Section 2(a) of the
Mineral Leasing Act (30 U.S.C. 201(a)) is amended--
(1) in paragraph (1), by striking the second and
third sentences; and
(2) by striking paragraphs (4) and (5).
(g) Fossil Fuel Rental Rates.--
(1) Section 7(a) of the Mineral Leasing Act (30
U.S.C. 207) is amended in the third sentence by
inserting ``at a rental rate of not less than $100 per
acre (as reviewed and, if appropriate, adjusted by the
Secretary every 4 years)'' before the period.
(2) Section 17(d) of the Mineral Leasing Act (30
U.S.C. 226(d)) is amended in the first sentence by
striking ``$1.50 per acre per year for the first
through fifth years of the lease and not less than $2
per acre per year for each year thereafter'' and
inserting ``$3 per acre per year during the 2-year
period beginning on the date the lease begins for new
leases, and after the end of such two-year period not
less than $5 per acre per year''.
(3) Section 31(e) of the Mineral Leasing Act (30
U.S.C. 188(e)) is amended by striking ``$10'' and
inserting ``$20''.
(h) Fossil Fuel Lease Term Length.--
(1) Section 7 of the Mineral Leasing Act (30 U.S.C.
207) is amended--
(A) in subsection (a)--
(i) in the first sentence, by
striking ``twenty'' and inserting
``10'';
(ii) in the second sentence, by
striking ``ten'' and inserting ``5'';
and
(iii) in the sixth sentence--
(I) by striking ``twenty''
and inserting ``10''; and
(II) by striking ``ten'' and
inserting ``5''; and
(B) in subsection (b)(5), by striking ``20''
and inserting ``10''.
(2) Section 17(e) of the Mineral Leasing Act (30
U.S.C. 226(e)) is amended by striking ``10 years:'' and
inserting ``5 years.''.
(i) Expression of Interest Fee.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226), as amended by this subtitle is
amended by adding at the end the following:
``(r) Fee for Expression of Interest.--
``(1) In general.--The Secretary shall charge any
person who submits, in accordance with procedures
established by the Secretary to carry out this
subsection, an expression of interest in leasing land
available for disposition under this section for
exploration for, and development of, oil or gas a fee
in an amount determined by the Secretary under
paragraph (2).
``(2) Amount.--The fee authorized under paragraph (1)
shall be established by the Secretary in an amount that
is determined by the Secretary to be appropriate to
cover the aggregate cost of processing an expression of
interest under this subsection, but not less than $15
per acre of the area covered by the applicable
expression of interest.
``(3) Adjustment of fee.--The Secretary shall, by
regulation at least every 4 years, establish a higher
expression of interest fee--
``(A) to reflect the change in inflation; and
``(B) as the Secretary determines to be
necessary to enhance financial returns to the
United States.''.
(j) Elimination of Noncompetitive Leasing.--The Mineral
Leasing Act is amended--
(1) in section 17(b) (30 U.S.C. 226(b)), by striking
paragraph (3);
(2) by amending section 17(c) (30 U.S.C. 226(c)) to
read as follows:
``(c) Lands made available for leasing under subsection
(b)(1) but for which no bid is accepted may be made available
by the Secretary for a new round of sealed bidding under such
subsection.'';
(3) in section 17(e) (30 U.S.C. 226(e))--
(A) by striking ``Competitive and
noncompetitive leases'' and inserting ``Leases,
including leases for tar sand areas,''; and
(B) by striking ``Provided, however'' and all
that follows through ``ten years.'';
(4) in section 31(d)(1) (30 U.S.C. 188(d)(1)) by
striking ``or (c)'';
(5) in section 31(e) (30 U.S.C. 188(e))--
(A) in paragraph (2) by striking ``, or the
inclusion'' and all that follows and inserting
a semicolon; and
(B) in paragraph (3) by striking ``(A)'' and
by striking subparagraph (B);
(6) by striking section 31(f) (30 U.S.C. 188(f)); and
(7) in section 31(g) (30 U.S.C. 188(g))--
(A) in paragraph (1) by striking ``as a
competitive'' and all that follows through the
period and inserting ``in the same manner as
the original lease issued pursuant to section
17.'';
(B) by striking paragraph (2) and
redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(C) in paragraph (2), as redesignated, by
striking ``, applicable to leases issued under
subsection 17(c) of this Act (30 U.S.C. 226(c))
except,'' and inserting ``, except''.
(k) Oil and Gas Bonding Requirements.--Section 17(g) of the
Mineral Leasing Act (30 U.S.C. 226(g)) is amended--
(1) by inserting ``Each such bond, surety, or other
financial arrangement shall be considered inadequate if
such bond, surety, or other financial arrangement is
for less than $150,000 in the case of an arrangement
for an individual surface-disturbing activity of each
entity on an individual oil or gas lease in a State, or
$500,000 in the case of an arrangement for all surface-
disturbing activities of each entity on all oil and gas
leases in a State.'' after ``on the lease.'';
(2) by redesignating existing subsection (g) as
paragraph (1); and
(3) by adding at the end the following new paragraph:
``(2)(A) Not later than 180 days after the date of
enactment of subtitle H of the Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14
of the 117th Congress the Secretary concerned shall
initiate a rulemaking to require that an adequate bond,
surety, or other financial arrangement be provided by
the lessee prior to the commencement of surface-
disturbing activities on any lease issued under this
Act to ensure the complete and timely remediation and
reclamation of any land, water, or other resources
(including resources with recreation, range, timber,
mineral, watershed, fish or wildlife, natural scenic,
scientific, or historical value) adversely affected by
lease activities and operations after the abandonment
or cessation of oil and gas operations on the lease.
``(B) The Secretary concerned shall find that a bond,
surety or other financial arrangement required by
regulation under subparagraph (A) is inadequate if it
is for less than--
``(i) the complete and timely reclamation of
the lease tract;
``(ii) the restoration of any lands or
surface waters adversely affected by lease
operations after the abandonment or cessation
of oil and gas operations on the lease; and
``(iii) in the case of an idled well, the
total plugging and reclamation costs for each
idled well controlled by the same operator.
``(C) The Secretary concerned shall review the
adequacy of each such bond, surety, or other financial
arrangement at least once every 5 years and anytime a
lease issued under this Act is transferred.''.
(l) Per-acre Lease Fees.--
(1) Oil and gas lease fees.--The Secretary of
Interior shall charge onshore and offshore oil and gas
leaseholders the following annual, non-refundable fees:
(A) Conservation of resources fee.--There is
established a Conservation of Resources Fee of
$4 per acre per year on new producing Federal
onshore and offshore oil and gas leases.
(B) Speculative leasing fee.--There is
established a Speculative Leasing Fee of $6 per
acre per year on new nonproducing Federal
onshore and offshore oil and gas leases.
(2) Deposit.--All funds collected pursuant to
paragraph (1) shall be deposited into the United States
Treasury General Fund.
(3) Adjustment for inflation.--The Secretary of the
Interior shall, by regulation at least once every four
years, adjust each fee created by paragraph (1) to
reflect any increase in inflation.
(m) Onshore Oil and Gas Inspection Fees.--
(1) In general.--Section 108 of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1718) is
amended by adding at the end the following:
``(d) Inspection Fees.--
``(1) In general.--The designated operator under each
oil and gas lease on Federal or Indian lands, or each
unit and communitization agreement that includes one or
more such Federal or Indian leases, that is subject to
inspection under subsection (b) and that is in force at
the start of the fiscal year 2021, shall pay a
nonrefundable annual inspection fee in an amount that,
except as provided in paragraph (2), is established by
the Secretary by regulation and is sufficient to
recover the full costs incurred by the United States
for inspection and enforcement with respect to such
leases.
``(2) Amount.--Until the effective date of
regulations under paragraph (1), the amount of the fee
shall be--
``(A) $800 for each lease or unit or
communitization agreement with no active or
inactive wells, but with surface use,
disturbance or reclamation;
``(B) $1,400 for each lease or unit or
communitization agreement with 1 to 10 wells,
with any combination of active or inactive
wells;
``(C) $5,600 for each lease or unit or
communitization agreement with 11 to 50 wells,
with any combination of active or inactive
wells; and
``(D) $11,300 for each lease or unit or
communitization agreement with more than 50
wells, with any combination of active or
inactive wells.
``(3) Due date.--Payment of the fee under this
section shall be due, annually, not later than 30 days
after the Secretary provides notice of the assessment
of the fee.
``(4) Penalty.--If the designated operator fails to
pay the full amount of the fee as prescribed in this
section, the Secretary may, in addition to utilizing
any other applicable enforcement authority, assess
civil penalties against the operator under section 109
in the same manner as if this section were a mineral
leasing law.
``(5) Exemption for tribal operators.--An operator
that is a Tribe or is controlled by a Tribe is not
subject to paragraph (1) with respect to a lease, unit,
or communitization agreement that is located entirely
on the lands of such Tribe.''.
(2) Assessment for fiscal year 2022.--The Secretary
of the Interior shall assess the fee under the
amendment made by paragraph (1) for fiscal year 2022,
and provide notice of such assessment to each
designated operator who is liable for such fee, by not
later than 60 days after the date of enactment of this
Act.
(n) Offshore Oil and Gas Inspection Fees.--Section 22 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1348) is amended
by adding at the end the following:
``(g) Inspection Fees.--
``(1) In general.--
``(A) Establishment.--The Secretary shall
collect from the operators of facilities
subject to inspection under subsection (c)
nonrefundable fees for such inspections--
``(i) at an aggregate level to offset
the annual expenses of such
inspections;
``(ii) using a schedule that reflect
the differences in complexity among the
classes of facilities to be inspected;
and
``(iii) in accordance with
subparagraph (C).
``(B) Adjustment for inflation.--For each
fiscal year beginning after fiscal year 2022,
the Secretary shall adjust the amount of the
fees collected under this paragraph for
inflation.
``(C) Fees for fiscal year 2022.--
``(i) Annual fees.--For fiscal year
2022, the Secretary shall collect
annual fees from the operator of
facilities that are above the
waterline, excluding drilling rigs, and
are in place at the start of the fiscal
year in the following amounts:
``(I) $11,725 for facilities
with no wells, but with
processing equipment or
gathering lines.
``(II) $18,984 for facilities
with 1 to 10 wells, with any
combination of active or
inactive wells.
``(III) $35,176 for
facilities with more than 10
wells, with any combination of
active or inactive wells.
``(ii) Fees for drilling rigs.--For
fiscal year 2022, the Secretary shall
collect fees for each inspection from
the operators of drilling rigs in the
following amounts:
``(I) $34,059 per inspection
for rigs operating in water
depths of 500 feet or more.
``(II) $18,649 per inspection
for rigs operating in water
depths of less than 500 feet.
``(iii) Fees for non-rig units.--For
fiscal year 2022, the Secretary shall
collect fees for each inspection from
the operators of well operations
conducted via non-rig units as outlined
in subparts D, E, F, and Q of part 250
of title 30, Code of Federal
Regulations (or any successor
regulation), in the following amounts:
``(I) $13,260 per inspection
for non-rig units operating in
water depths of 2,500 feet or
more.
``(II) $11,530 per inspection
for non-rig units operating in
water depths between 500 and
2,499 feet.
``(III) $4,470 per inspection
for non-rig units operating in
water depths of less than 500
feet.
``(2) Disposition.--Amounts collected as fees under
paragraph (1) shall be deposited into the general fund
of the Treasury.
``(3) Billing.--
``(A) Annual fees.--The Secretary shall bill
designated operators under paragraph (1)(C)(i)
annually, with payment required not later than
30 days after such billing.
``(B) Fees for drilling rigs.--The Secretary
shall bill designated operators under paragraph
(1)(C)(ii) not later than 30 days after the end
of the month in which the inspection occurred,
with payment required not later than 30 days
after such billing.
``(4) Publication.--The Secretary shall annually make
available to the public the following information about
each fee deposited into the Fund:
``(A) The facility that was inspected.
``(B) The name of the operator of such
facility.
``(C) The amount of the payment.''.
(o) Severance Fees.--The Secretary of Interior shall collect
annual, non-refundable fees on fossil fuels produced from new
leases on Federal lands and the Outer Continental Shelf and
deposit the funds into the United States Treasury General Fund.
Such fees shall be--
(1) not less than $0.50 per barrel of oil equivalent
on oil and natural gas produced from Federal lands and
the Outer Continental Shelf; and
(2) not less than $2 per metric ton of coal produced
from Federal lands.
(p) Idled Well Fees.--
(1) In general.--The Secretary shall, not later than
180 days after the date of enactment of this section,
issue regulations to require each operator of an idled
well on Federal land and the Outer Continental Shelf to
pay an annual, nonrefundable fee for each such idled
well in accordance with this subsection.
(2) Amounts.--Except as provided in paragraph (5),
the amount of the fee shall be as follows:
(A) $500 for each well that has been
considered an idled well for at least 1 year,
but not more than 5 years.
(B) $1,500 for each well that has been
considered an idled well for at least 5 years,
but not more than 10 years.
(C) $3,500 for each well that has been
considered an idled well for at least 10 years,
but not more than 15 years.
(D) $7,500 for each well that has been
considered an idled well for at least 15 years.
(3) Due date.--An owner of an idled well that is
required to pay a fee under this subsection shall
submit to the Secretary such fee by not later than
October 1 of each year.
(4) Civil penalty.--If the operator of a idled well
fails to pay the full amount of a fee under this
subsection, the Secretary may assess a civil penalty
against the operator under section 109 of the Federal
Oil and Gas Royalty Management Act of 1982 (30 U.S.C.
1719) as if such failure to pay were a violation under
such section.
(5) Adjustment for inflation.--The Secretary shall,
by regulation not less than once every 4 years, adjust
each fee under this subsection to account for
inflation.
(6) Deposit.--All funds collected pursuant to
paragraph (1) shall be deposited into the United States
Treasury General Fund.
(7) Idled well definition.--For the purposes of this
section, the term ``idled well'' means a well that has
been non-operational for at least two consecutive years
and for which there is no anticipated beneficial future
use.
(q) Annual Pipeline Owners Fee.--Not later than 180 days
after the date of enactment of this Act, the Bureau of Safety
and Environmental Enforcement shall issue regulations to assess
an annual fee on owners of offshore oil and gas pipelines. Such
fee shall not qualify as a transportation allowance or as a
deductible cost in calculating royalties due to the United
States and shall be no less than--
(1) $10,000 per mile for such pipelines in water with
a depth of 500 feet or greater; and
(2) $1,000 per mile for pipelines in water depth of
under 500 feet.
(r) Royalties on All Extracted Methane.--
(1) Assessment on all production.--
(A) In general.--Except as provided in
subparagraph (B), royalties paid for gas
produced from Federal lands and on the Outer
Continental Shelf shall be assessed on all gas
produced, including--
(i) gas used or consumed within the
area of the lease tract for the benefit
of the lease; and
(ii) all gas that is consumed or lost
by venting, flaring, or fugitive
releases through any equipment during
upstream operations.
(B) Exception.--Subparagraph (A) shall not
apply with respect to--
(i) gas vented or flared for not
longer than 48 hours in an acute
emergency situation that poses a danger
to human health; and
(ii) gas used or consumed within the
area of the lease tract for the benefit
of the lease when the operator is a
Tribe or is controlled by a Tribe that
is located entirely on the lands of
such Tribe.
(2) Conforming amendments.--
(A) Mineral leasing act.--The Mineral Leasing
Act is amended--
(i) in section 14 (30 U.S.C. 223), by
adding at the end the following:
``Royalties shall be assessed with
respect to oil and gas, other than gas
vented or flared for not longer than 48
hours in an acute emergency situation
that poses a danger to human health and
gas used or gas consumed within the
area of the lease tract for the benefit
of the lease when the operator is a
Tribe or is controlled by a Tribe that
is located entirely on the lands of
such Tribe, without regard to whether
oil or gas is removed or sold from the
leased land.'';
(ii) in section 22 (30 U.S.C. 251),
by striking ``sold or removed''; and
(iii) in section 31 (30 U.S.C. 188),
by striking ``removed or sold'' each
place it appears.
(B) Outer continental shelf lands act.--The
Outer Continental Shelf Lands Act is amended--
(i) in section 6(a)(8) (43 U.S.C.
1335(a)(8)), by striking ``saved,
removed, or sold'' each place it
appears; and
(ii) in section 8(a) (43 U.S.C.
1337(a))--
(I) in paragraph (1), by
striking ``saved, removed, or
sold'' each place it appears;
and
(II) by adding at the end the
following:
``(9) Royalties under this Act shall be assessed with
respect to oil and gas, other than gas vented or flared
for not longer than 48 hours in an acute emergency
situation that poses a danger to human health and gas
used or gas consumed within the area of the lease tract
for the benefit of the lease when the operator is a
Tribe or is controlled by a Tribe that is located
entirely on the lands of such Tribe, without regard to
whether oil or gas is removed or sold from the leased
land.''.
(s) Elimination of Royalty Relief.--
(1) In general.--
(A) Outer continental shelf lands act
relating to the suspension of royalties.--
Section 8(a)(1)(H) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)) is
amended by striking ``, and with suspension of
royalties for a period, volume, or value of
production determined by the Secretary, which
suspensions may vary based on the price of
production from the lease''.
(B) Outer continental shelf lands act
relating to the suspension of royalties.--
Section 8(a)(1)(H) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)) is
amended by striking ``, and with suspension of
royalties for a period, volume, or value of
production determined by the Secretary, which
suspensions may vary based on the price of
production from the lease''.
(C) Outer continental shelf lands act.--
Section 8(a)(3) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(a)(3)) is amended--
(i) by striking subparagraphs (A) and
(B); and
(ii) by redesignating subparagraph
(C) as subparagraph (A).
(D) Energy policy act of 2005.--
(i) Incentives for natural gas
production from deep wells in the
shallow waters of the gulf of mexico.--
Section 344 of the Energy Policy Act of
2005 (42 U.S.C. 15904) is repealed.
(ii) Deep water production.--Section
345 of the Energy Policy Act of 2005
(42 U.S.C. 15905) is repealed.
(2) Future provisions.--Royalty relief shall not be
permitted under a lease issued under section 8 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337).
(3) Provisions relating to naval petroleum reserve in
alaska.--Section 107 of the Naval Petroleum Reserves
Production Act of 1976 (42 U.S.C. 6506a) is amended--
(A) in subsection (i), by striking paragraphs
(2) through (6); and
(B) by striking subsection (k).
(4) Royalty relief under the mineral leasing act.--
(A) Repeal.--Section 39 of the Mineral
Leasing Act (30 U.S.C. 209) is repealed.
(B) Conforming amendments.--
(i) Section 8721(b) of title 10,
United States Code, is amended by
striking ``202-209'' and inserting
``202-208''.
(ii) Section 8735(a) of title 10,
United States Code, is amended by
striking ``202-209'' and inserting
``202-208''.
(iii) Section 31(h) of the Mineral
Leasing Act (30 U.S.C. 188(h)) is
amended by striking ``and the
provisions of section 39 of this Act''.
SEC. 70805. CIVIL AND CRIMINAL PENALTIES.
(a) Mineral Leasing Act.--Section 41 of the Mineral Leasing
Act (30 U.S.C. 195) is amended--
(1) in subsection (b), by striking ``$500,000'' and
inserting ``$1,000,000''; and
(2) in subsection (c), by striking ``$100,000'' and
inserting ``$250,000''.
(b) Federal Oil and Gas Royalty Management Act of 1982.--The
Federal Oil and Gas Royalty Management Act of 1982 is amended--
(1) in section 109 (30 U.S.C. 1719)--
(A) in subsection (a)(2), by striking
``$500'' and inserting ``$1,500'';
(B) in subsection (b), by striking
``$5,000''and inserting ``$15,000'';
(C) in subsection (c)(3), by striking
``$10,000'' and inserting ``$30,000'';
(D) in subsection (d)(3), by striking
``$25,000'' and inserting ``$75,000'';
(E) by redesignating existing subsections (e)
through (l) as (f) through (m), respectively;
and
(F) by adding at the end:
``(n) Inflation Adjustment of Maximum Penalties.--
``(1) The maximum civil penalty amounts listed in
subsections (a) through (d) shall automatically adjust
for inflation on the 1st day of each calendar year in
accordance with the provisions of this subsection.
``(2) The inflation adjustment under this subsection
shall be based on the Consumer Price Index published by
the Department of Labor for all Urban Consumers (CPI-U)
and shall be calculated by the percentage change, if
any, by which the CPI-U for the month of October
preceding the adjustment date exceeds the CPI-U for the
month of October one year before.
``(3) The Secretary will provide sufficient notice of
adjusted penalties by publishing the adjusted maximum
civil penalty amounts on a public website of the
Department.
``(4) The Secretary will provide notice, in writing,
to the Committee on Natural Resources of the
Department's intent to adjust such penalties 180 days
before publishing the adjusted maximum civil penalty
amounts on a public website of the Department under
paragraph (3).''; and
(2) in section 110, by striking ``$50,000'' and
inserting ``$150,000''.
(c) Outer Continental Shelf Lands Act.--
(1) Civil penalty, generally.--Section 24(b) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1350(b))
is amended to read as follows:
``(b) Civil Penalties.--
``(1) In general.--Except as provided in paragraph
(2), any person who fails to comply with any provision
of this Act, or any term of a lease, license, or permit
issued pursuant to this Act, or any regulation or order
issued under this Act, shall be liable for a civil
administrative penalty of not more than $75,000 for
each day of the continuance of such failure. The
Secretary may assess, collect, and compromise any such
penalty.
``(2) Opportunity for a hearing.--No penalty shall be
assessed until the person charged with a violation has
been given an opportunity for a hearing.
``(3) Adjustment for inflation.--The Secretary shall,
by regulation at least every 3 years, adjust the
penalty specified in this paragraph to reflect any
increases in inflation.
``(4) Threat of harm.--If a failure described in
paragraph (1) constitutes or constituted a threat of
harm or damage to life, property, any mineral deposit,
or the marine, coastal, or human environment, a civil
penalty of not more than $150,000 shall be assessed for
each day of the continuance of the failure.''.
(2) Knowing and willful violations.--Section 24(c) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1350(c)) is amended by striking ``$100,000'' and
inserting ``$1,000,000''.
(3) Officers and agents of corporations.--Section
24(d) of the Outer Continental Shelf Lands Act (43
U.S.C. 1350(d)) is amended by striking ``knowingly and
willfully authorized, ordered, or carried out'' and
inserting ``authorized, ordered, carried out, or
through reckless disregard of the law caused''.
SEC. 70806. TECHNICAL AMENDMENTS TO FOGRMA.
(a) Amendments to Definitions.--Section 3 of the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C. 1702) is
amended--
(1) in paragraph (20)(A), by striking ``: Provided,
That'' and all that follows through ``subject of the
judicial proceeding'';
(2) in paragraph (20)(B), by striking ``(with written
notice to the lessee who designated the designee)'';
(3) in paragraph (23)(A), by striking ``(with written
notice to the lessee who designated the designee)'';
(4) by amending paragraph (24) to read as follows:
``(24) `designee' means a person who pays, offsets,
or credits monies, makes adjustments, requests and
receives refunds, or submits reports with respect to
payments a lessee must make pursuant to section
102(a);'';
(5) in paragraph (25), in subparagraph (B)--
(A) by striking ``(subject to the provisions
of section 102(a) of this Act)''; and
(B) in clause (ii), by striking subclause
(IV) and all that follows through the end of
the subparagraph and inserting the following:
``(IV) any assignment, that
arises from or relates to any
lease, easement, right-of-way,
permit, or other agreement
regardless of form administered
by the Secretary for, or any
mineral leasing law related to,
the exploration, production,
and development of oil and gas
or other energy resource on
Federal lands or the Outer
Continental Shelf;''; and
(6) in paragraph (29), by inserting ``or permit''
after ``lease''.
(b) Compliance Reviews.--Section 101 of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1711) is amended
by adding at the end the following new subsection:
``(d) The Secretary may, as an adjunct to audits of accounts
for leases, conduct compliance reviews of accounts. Such
reviews shall not constitute nor substitute for audits of lease
accounts. The Secretary shall immediately refer any disparity
uncovered in such a compliance review to a program auditor. The
Secretary shall, before completion of a compliance review,
provide notice of the review to designees whose obligations are
the subject of the review.''.
(c) Liability for Royalty Payments.--Section 102(a) of the
Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C.
1712(a)) is amended to read as follows:
``(a) Liability for Royalty Payments.--
``(1) Time and manner of payment.--In order to
increase receipts and achieve effective collections of
royalty and other payments, a lessee who is required to
make any royalty or other payment under a lease,
easement, right-of-way, permit, or other agreement,
regardless of form, or under the mineral leasing laws,
shall make such payment in the time and manner as may
be specified by the Secretary or the applicable
delegated State.
``(2) Designee.--Any person who pays, offsets, or
credits monies, makes adjustments, requests and
receives refunds, or submits reports with respect to
payments the lessee must make is the lessee's designee
under this Act.
``(3) Liability.--A designee shall be liable for any
payment obligation of any lessee on whose behalf the
designee pays royalty under the lease. The person
owning operating rights in a lease and a person owning
legal record title in a lease shall be liable for that
person's pro rata share of payment obligations under
the lease.''.
(d) Recordkeeping.--Section 103(b) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1713(b)) is amended
by striking ``6'' and inserting ``7''.
(e) Adjustments and Refunds.--Section 111A of the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C. 1721a) is
amended--
(1) in subsection (a)--
(A) by amending paragraph (3) to read as
follows:
``(3)(A) An adjustment or a request for a refund for
an obligation may be made after the adjustment period
only upon written notice to and approval by the
Secretary or the applicable delegated State, as
appropriate, during an audit of the period which
includes the production month for which the adjustment
is being made.
``(B) Except as provided in subparagraph (C), no
adjustment may be made with respect to an obligation
after the completion of an audit or compliance review
of such obligation unless such adjustment is approved
by the Secretary or the applicable delegated State, as
appropriate.
``(C) If an overpayment is identified during an
audit, the Secretary shall allow a credit in the amount
of the overpayment.''; and
(B) in paragraph (4)--
(i) by striking ``six-year'' and
inserting ``four-year''; and
(ii) by striking ``period shall'' and
inserting ``period may''; and
(2) in subsection (b)(1)--
(A) in subparagraph (C), by striking ``and'';
(B) in subparagraph (D), by striking the
period and inserting ``; and''; and
(C) by adding at the end the following:
``(E) is made within the adjustment period
for that obligation.''.
(f) Obligation Period.--
(1) Section 115(b)(1) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1724(b)(1))
is amended to read as follows:
``(1) The Secretary or a delegated State shall
commence a judicial proceeding or demand which arises
from, or relates to an obligation, within seven years
from the date on which the obligation becomes due and
if not so commenced shall be barred. A lessee shall
commence a judicial proceeding or demand which arises
from, or relates to an obligation, within four years
from the date on which an obligation becomes due and if
not so commenced shall be barred. If the Secretary, a
delegated State, a lessee, or designee is barred from
commencement of a judicial proceeding or demand for an
obligation, it--
``(A) shall not take any other or further
action regarding that obligation, including
(but not limited to) the issuance of any order,
request, demand or other communication seeking
any document, accounting, determination,
calculation, recalculation, payment, principal,
interest, assessment, or penalty or the
initiation, pursuit or completion of an audit
with respect to that obligation; and
``(B) shall not pursue any other equitable or
legal remedy, including equitable recoupment,
whether under statute or common law, with
respect to an action on, defense against, or an
enforcement of said obligation.''.
(2) Section 115(c) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1724(c)) is amended
by adding at the end the following new paragraph:
``(3) Adjustments.--In the case of an adjustment
under section 111A(a) in which a recoupment by the
lessee results in an underpayment of an obligation, the
obligation becomes due on the date the lessee or its
designee makes the adjustment.''.
(g) Appeals.--Section 115(h) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1724(h)) is amended--
(1) in paragraph (1), in the heading, by striking
``33-month'' and inserting ``48-month'';
(2) by striking ``33 months'' each place it appears
and inserting ``48 months''; and
(3) by striking ``33-month'' each place it appears
and inserting ``48-month''.
(h) Penalty for Late or Incorrect Reporting of Data.--
(1) In general.--The Secretary of the Interior shall
issue regulations by not later than 1 year after the
date of enactment of this Act that establish a civil
penalty for late or incorrect reporting of data under
the Federal Oil and Gas Royalty Management Act of 1982.
(2) Amount.--The amount of the civil penalty shall
be--
(A) an amount that the Secretary determines
is sufficient to ensure filing of data in
accordance with that Act; and
(B) not less than $10 for each failure to
file correct data in accordance with that Act.
(3) Content of regulations.--Except as provided in
paragraph (2), the regulations issued under this
section shall be substantially similar to section
216.40 of title 30, Code of Federal Regulations, as
most recently in effect before the date of enactment of
this Act.
(i) Shared Penalties.--Section 206 of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1736) is amended by
striking ``Any payments under this section shall be reduced by
an amount equal to any payments provided or due to such State
or Indian Tribe under the cooperative agreement or delegation,
as applicable, during the fiscal year in which the civil
penalty is received, up to the total amount provided or due for
that fiscal year.''.
(j) Adjustments and Refunds.--Section 111A of the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C. 1721a) is
amended--
(1) in subsection (a)--
(A) by amending paragraph (3) to read as
follows:
``(3)(A) An adjustment or a request for a refund for
an obligation may be made after the adjustment period
only upon written notice to and approval by the
Secretary or the applicable delegated State, as
appropriate, during an audit of the period which
includes the production month for which the adjustment
is being made.
``(B) Except as provided in subparagraph (C), no
adjustment may be made with respect to an obligation
after the completion of an audit or compliance review
of such obligation unless such adjustment is approved
by the Secretary or the applicable delegated State, as
appropriate.
``(C) If an overpayment is identified during an
audit, the Secretary shall allow a credit in the amount
of the overpayment.''; and
(B) in paragraph (4)--
(i) by striking ``six-year'' and
inserting ``four-year''; and
(ii) by striking ``period shall'' and
inserting ``period may''; and
(2) in subsection (b)(1)--
(A) in subparagraph (C), by striking ``and'';
(B) in subparagraph (D), by striking the
period and inserting ``; and''; and
(C) by adding at the end the following:
``(E) is made within the adjustment period
for that obligation.''.
(k) Tolling Agreements and Subpoenas.--
(1) Tolling agreements.--Section 115(d)(1) of the
Federal Oil and Gas Royalty Management Act of 1982 (30
U.S.C. 1724(d)(1)) is amended--
(A) by striking ``(with notice to the lessee
who designated the designee)''; and
(B) by adding at the end ``A tolling
agreement executed by a designee shall bind
both the owner of legal record title in a lease
and the owner of operating rights in a lease,
and any designee. The owner of the legal record
title and the owner of operating rights in a
lease shall be bound by the tolling agreement
to the extent of their pro rata share of
payment obligations under the lease.''.
(2) Subpoenas.--Section 115(d)(2)(A) of the Federal
Oil and Gas Royalty Management Act of 1982 (30 U.S.C.
1724(d)(2)(A)) is amended by striking ``(with notice to
the lessee who designated the designee, which notice
shall not constitute a subpoena to the lessee)''.
(l) Required Recordkeeping for Natural Gas Plants.--
(1) Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior shall
publish final regulations with respect to required
recordkeeping, under the authority provided in section
103 of the Federal Oil and Gas Royalty Management Act
of 1982 (30 U.S.C. 1713), as amended by this Act.
(2) Section 103(a) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1713(a)) is amended
to read:
``(a) A lessee, operator, or other person directly involved
in developing, producing, treating, transporting, processing,
purchasing, or selling oil or gas subject to this chapter
through the point of first arm's-length sale, the point of
royalty determination, or the point that processing is
complete, whichever is later, shall establish and maintain any
records, make any reports, and provide any information that the
Secretary may, by rule, reasonably require for the purposes of
implementing this chapter or determining compliance with rules
or orders under this chapter. Upon the request of any officer
or employee duly designated by the Secretary or any State or
Indian Tribe conducting an audit or investigation pursuant to
this chapter, the appropriate records, reports, or information
which may be required by this section shall be made available
for inspection and duplication by such officer or employee,
State, or Indian Tribe.''.
(m) Entitlements.--
(1) Directed rulemaking.--Not later than 180 days
after the date of enactment of this Act, the Secretary
of the Interior shall publish final regulations
prescribing when a Federal lessee or designee must
report and pay royalties on oil and gas production for
each month based on--
(A) the volume of oil and gas produced from a
lease or allocated to the lease in accordance
with the terms of a unit or communitization
agreement; or
(B) the actual volume of oil and gas sold by
or on behalf of the lessee.
(2) 100 percent entitlement reporting and paying.--
The Secretary shall give consideration to requiring all
reporting and paying based on the volume of oil and gas
produced from a lease or allocated to the lease in
accordance with the terms of a unit or communitization
agreement without regard to the actual volume of oil
and gas sold by or on behalf of a lessee.
(3) Volume allocation of oil and gas production.--
Section 111(i) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1721(i)) is amended
to read:
``(i) Volume Allocation of Oil and Gas Production.--Except as
otherwise provided by this subsection--
``(A) a lessee or its designee of a lease in any unit
or communitization agreement shall report and pay
royalties on oil and gas production for each production
month based on the volume of oil and gas produced from
such agreement and allocated to the lease in accordance
with the terms of the agreement; and
``(B) a lessee or its designee of a lease that is not
contained in a unit or communitization agreement shall
report and pay royalties on oil and gas production for
each production month based on the volume of oil and
gas produced from the lease unless the Secretary
promulgates a final rule to allow or require that the
lessee report and pay royalties on oil and gas
production for each production month based on the
actual volume of production sold by or on behalf of
that lessee.''.
SEC. 70807. HARDROCK MINING.
(a) Abandoned Mine Land Cleanup.--In addition to amounts
otherwise available, there is appropriated to the Bureau of
Land Management for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated $2,500,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for all activities
necessary to inventory, assess, decommission, reclaim, respond
to hazardous substance releases on, and remediate abandoned
locatable minerals mine land.
(b) Royalty.--
(1) In general.--Except as provided in paragraph (2)
and subject to paragraph (3), production of all
locatable minerals from any mining claim located under
the general mining laws and maintained in compliance
with this Act, or mineral concentrates or products
derived from locatable minerals from any such mining
claim, as the case may be, shall be subject to a
royalty of 8 percent of the gross income from mining.
The claim holder or any operator to whom the claim
holder has assigned the obligation to make royalty
payments under the claim and any person who controls
such claim holder or operator shall be liable for
payment of such royalties.
(2) Royalty for federal lands subject to approved
plan of operations.--The royalty under paragraph (2)
shall be 4 percent in the case of any Federal land that
is subject to an approved plan of operations on the
date of the enactment of this Act.
(3) Federal land added to existing plans of
operations.--Any Federal land added through a plan
modification to a mining plan of operations that is
submitted after the date of enactment of this Act shall
be subject to the royalty that applies to Federal land
under paragraph (1).
(4) Limitation on application.--
(A) In general.--Any royalty under this
subsection shall not apply to small miners. In
this subparagraph, the term ``small miner''
means a person (including all related parties
thereto) that certifies to the Secretary in
writing that the person had annual gross income
in the preceding calendar year from mineral
production in an amount less than $100,000.
(B) Related parties defined.--For the
purposes of this paragraph, the term ``related
parties'' means, with respect to a person--
(i) the spouse and all dependents (as
defined in section 152 of the Internal
Revenue Code of 1986 (26 U.S.C. 152))
of the person; or
(ii) another person who is affiliated
with the person, including--
(I) another person who
controls, is controlled by, or
is under common control with
the person; and
(II) a subsidiary or parent
company or corporation of the
person.
(C) Control defined.--For purposes of this
paragraph, the term ``control'' includes actual
control, legal control, and the power to
exercise control, through or by common
directors, officers, stockholders, a voting
trust, or a holding company or investment
company, or any other means.
(5) Duties of claim holders, operators, and
transporters.--
(A) Regulation.--The Secretary shall
prescribe by rule the time and manner in
which--
(i) a person who is required to make
a royalty payment under this section
shall make such payment; and
(ii) shall notify the Secretary of
any assignment that such person may
have made of the obligation to make any
royalty or other payment under a mining
claim under this section.
(B) Written instrument.--Any person paying
royalties under this section shall file a
written instrument, together with the first
royalty payment, affirming that such person is
responsible for making proper payments for all
amounts due for all time periods for which such
person has a payment responsibility.
(C) Additional amounts.--Such responsibility
for the periods referred to in subparagraph (B)
shall include any and all additional amounts
billed by the Secretary and determined to be
due by final agency or judicial action.
(D) Joint and several liability.--Any person
liable for royalty payments under this section
who assigns any payment obligation shall remain
jointly and severally liable for all royalty
payments due for the period.
(E) Obligations.--A person conducting mineral
activities shall--
(i) develop and comply with the site
security provisions in the mining plan
of operations designed to protect from
theft the hardrock minerals,
concentrates, or products derived
therefrom that are produced or stored
on the area subject to a mining claim
or lease, and such provisions shall
conform with such minimum standards as
the Secretary may prescribe by rule,
taking into account the variety of
circumstances on areas subject to
mining claims and leases; and
(ii) not later than the 5th business
day after production begins anywhere on
an area subject to a mining claim, or
production resumes after more than 90
days after production was suspended,
notify the Secretary, in the manner
prescribed by the Secretary, of the
date on which such production has begun
or resumed.
(F) Required documentation.--The Secretary
may by rule require any person engaged in
transporting a hardrock mineral, concentrate,
or product derived therefrom to carry on his or
her person, in his or her vehicle, or in his or
her immediate control, documentation showing,
at a minimum, the amount, origin, and intended
destination of the hardrock mineral,
concentrate, or product derived therefrom in
such circumstances as the Secretary determines
is appropriate.
(6) Recordkeeping and reporting requirements.--
(A) In general.--A claim holder, operator, or
other person directly involved in developing,
producing, processing, transporting,
purchasing, or selling hardrock minerals,
concentrates, or products derived therefrom,
subject to this section, shall establish and
maintain any records, make any reports, and
provide any information that the Secretary may
reasonably require for the purposes of
implementing this section or determining
compliance with rules or orders under this
section. Such records shall include periodic
reports, records, documents, and other data.
Such reports may also include pertinent
technical and financial data relating to the
quantity, quality, composition volume, weight,
and assay of all minerals extracted from the
mining claim or lease.
(B) Forfeiture.--Failure by a claim holder or
operator to cooperate with such an audit,
provide data required by the Secretary, or
grant access to information may, at the
discretion of the Secretary, be declared void.
(C) Maintenance of records.--Records required
by the Secretary under this section shall be
maintained for 7 years after release of
financial assurance unless the Secretary
notifies the operator that the Secretary has
initiated an audit or investigation involving
such records and that such records must be
maintained for a longer period. In any case
when an audit or investigation is underway,
records shall be maintained until the Secretary
releases the operator of the obligation to
maintain such records.
(7) Audits.--The Secretary is authorized to conduct
such audits of all operators, transporters, purchasers,
processors, or other persons directly or indirectly
involved in the production or sale of minerals covered
by this section, as the Secretary deems necessary for
the purposes of ensuring compliance with the
requirements of this section. For purposes of
performing such audits, the Secretary shall, at
reasonable times and upon request, have access to, and
may copy, all books, papers and other documents that
relate to compliance with any provision of this section
by any person.
(8) Interest and substantial underreporting
assessments.--
(A) Payments not received.--In the case of
production where royalty payments are not
received by the Secretary on the date that such
payments are due, the Secretary shall charge
interest on such underpayments at the same
interest rate as the rate applicable under
section 6621(a)(2) of the Internal Revenue Code
of 1986. In the case of an underpayment,
interest shall be computed and charged only on
the amount of the deficiency and not on the
total amount.
(B) Underreporting.--If there is any
underreporting of royalty owed on production
for any production month by any person liable
for royalty payments under this section, the
Secretary shall assess a penalty of not greater
than 25 percent of the amount of that
underreporting.
(C) Self-reporting.--The Secretary may waive
or reduce the assessment provided in
subparagraph (B) if the person liable for
royalty payments under this section corrects
the underreporting before the date such person
receives notice from the Secretary that an
underreporting may have occurred, or before 90
days after the date of the enactment of this
section, whichever is later.
(D) Waiver.--The Secretary shall waive any
portion of an assessment under subparagraph (B)
attributable to that portion of the
underreporting for which the person responsible
for paying the royalty demonstrates that--
(i) such person had written
authorization from the Secretary to
report royalty on the value of the
production on basis on which it was
reported;
(ii) such person had substantial
authority for reporting royalty on the
value of the production on the basis on
which it was reported;
(iii) such person previously had
notified the Secretary, in such manner
as the Secretary may by rule prescribe,
of relevant reasons or facts affecting
the royalty treatment of specific
production which led to the
underreporting; or
(iv) such person meets any other
exception which the Secretary may, by
rule, establish.
(E) Definition.--For the purposes of this
subsection, the term ``underreporting'' means
the difference between the royalty on the value
of the production that should have been
reported and the royalty on the value of the
production which was reported, if the value
that should have been reported is greater than
the value that was reported.
(9) Expanded royalty obligations.--Each person liable
for royalty payments under this section shall be
jointly and severally liable for royalty on all
hardrock minerals, concentrates, or products derived
therefrom lost or wasted from a mining claim when such
loss or waste is due to negligence on the part of any
person or due to the failure to comply with any rule,
regulation, or order issued under this section.
(10) Gross income from mining defined.--For the
purposes of this section, for any hardrock mineral, the
term ``gross income from mining'' has the same meaning
as the term ``gross income'' in the Internal Revenue
Code of 1986 (26 C.F.R. 61).
(11) Effective date.--Royalties under this section
shall take effect with respect to the production of
hardrock minerals after the enactment of this Act, but
any royalty payments attributable to production during
the first 12 calendar months after the enactment of
this Act shall be payable at the expiration of such 12-
month period.
(12) Failure to comply with royalty requirements.--
Any person who fails to comply with the requirements of
this section or any regulation or order issued to
implement this section shall be liable for a civil
penalty under section 109 of the Federal Oil and Gas
Royalty Management Act (30 U.S.C. 1719) to the same
extent as if the claim maintained in compliance with
this title were a lease under such Act.
(c) Reclamation Fee.--
(1) Imposition of fee.--Except as provided in
paragraph (7), each operator conducting hardrock
mineral activities shall pay to the Secretary of the
Interior a reclamation fee of 7 cents per ton of
displaced material.
(2) Payment deadline.--Such reclamation fee shall be
paid not later than 60 days after the end of each
calendar year beginning with the first calendar year
occurring after the date of enactment of this Act.
(3) Submission of statement.--All operators
conducting hardrock mineral activities shall submit to
the Secretary a statement of the amount of displaced
material produced during mineral activities during the
previous calendar year, the accuracy of which shall be
sworn to by the operator and notarized.
(4) Penalty.--Any corporate officer, agent, or
director of a person conducting hardrock mineral
activities, and any other person acting on behalf of
such a person, who knowingly makes any false statement,
representation, or certification, or knowingly fails to
make any statement, representation, or certification,
required under this section with respect to such
operation shall, upon conviction, be punished by a fine
of not more than $10,000.
(5) Civil action to recover fee.--Any portion of such
reclamation fee not properly or promptly paid pursuant
to this section shall be recoverable, with statutory
interest, from the hardrock mineral activities
operator, in any court of competent jurisdiction in any
action at law to compel payment of debts.
(6) Effect.--Nothing in this section requires a
reduction in, or otherwise affects, any similar fee
required under any law (including regulations) of any
State.
(7) Exemption.--The fee under this section shall not
apply for small miners.
(8) Definitions.--
(A) The term ``displaced material'' means any
unprocessed ore and waste dislodged from its
location at the time hardrock mineral
activities begin at a surface, underground, or
in-situ mine.
(B) The term ``hardrock mineral''--
(i) means any mineral that was
subject to location under the general
mining laws as of the date of enactment
of this Act, and that is not subject to
disposition under--
(I) the Mineral Leasing Act
(30 U.S.C. 181 et seq.);
(II) the Geothermal Steam Act
of 1970 (30 U.S.C. 1001 et
seq.);
(III) the Act of July 31,
1947, commonly known as the
Materials Act of 1947 (30
U.S.C. 601 et seq.); or
(IV) the Mineral Leasing for
Acquired Lands Act (30 U.S.C.
351 et seq.); and
(ii) does not include any mineral
that is subject to a restriction
against alienation imposed by the
United States and is--
(I) held in trust by the
United States for any Indian or
Indian Tribe, as defined in
section 2 of the Indian Miner
Development Act of 1982 (25
U.S.C. 2101); or
(II) owned by any Indian or
Indian Tribe, as defined in
that section.
(C) The term ``mineral activities'' means any
activity on a mining claim, mill site, or
tunnel site, or a mining plan of operations,
for, related to, or incidental to, mineral
exploration, mining, beneficiation, processing,
or reclamation activities for any hardrock
mineral.
(D) The term ``operator'' means any person
authorized at the date of enactment of this Act
or proposing after the date of enactment of
this Act to conduct mineral activities under
the Mining Law of 1872 (30 U.S.C. 22)and any
agent of such person.
(E) The term ``small miner'' means a person
(including all related parties thereto) that
certifies to the Secretary in writing that the
person had annual gross income in the preceding
calendar year from mineral production in an
amount less than $100,000.
(F) The term ``displaced material'' means any
crude ore and waste dislodged from its location
at the time hardrock mineral activities begin
at a surface, underground, or in-situ mine.
(d) Claim Maintenance Fee.--
(1) Hardrock mining claim maintenance fee.--
(A) Required fees.--
(i) For each unpatented mining claim,
mill, or tunnel site on federally owned
lands, whether located before, on, or
after the date of enactment of this
Act, each claimant shall pay to the
Secretary, on or before September 1 of
each year, a claim maintenance fee of
$200 per claim to hold such unpatented
mining claim, mill or tunnel site for
the assessment year beginning at noon
on the next day, September 1.
(ii) For each unpatented placer
mining claim on federally owned lands,
whether located before, on, or after
the date of enactment of this Act, each
claimant shall pay to the Secretary, on
or before September 1 of each year, a
claim maintenance fee of $200 for each
20 acres of the placer claim or portion
thereof.
(iii) Such claim maintenance fee
described in this section shall be in
lieu of the assessment work requirement
contained in the Mining Law of 1872 (30
U.S.C. 28 et seq.) and the related
filing requirements contained in
section 314 (a) and (c) of the Federal
Land Policy and Management Act of 1976
(43 U.S.C. 1744 (a) and (c)).
(iv) The claim maintenance fee in
this section shall be paid for the year
in which the location is made, at the
time the location notice is recorded
with the Bureau of Land Management.
(B) Fee adjustments.--
(i) The Secretary shall provide
claimants notice of any adjustment made
under this subsection not later than
July 1 of any year in which the
adjustment is made.
(ii) A fee adjustment under this
subsection shall begin to apply the
first assessment year which begins
after adjustment is made.
(C) Exception for small miners.--The claim
maintenance fee required under this section may
be waived for a claimant who certifies in
writing to the Secretary that on the date the
payment was due, the claimant and all related
parties--
(i) held not more than 10 mining
claims, mill sites, or tunnel sites, or
any combination thereof, on public
lands; and
(ii) have performed assessment work
required under the Mining Law of 1872
(30 U.S.C. 28-28e) to maintain the
mining claims held by the claimant and
such related parties for the assessment
year ending on noon of September 1 of
the calendar year in which payment of
the claim maintenance fee was due.
(2) Co-ownership.--The co-ownership provisions of the
Mining Law of 1872 (30 U.S.C. 28 et seq.) shall remain
in effect except that the annual claim maintenance fee,
where applicable, shall replace applicable assessment
requirements and expenditures.
(3) Failure to pay.--Failure to timely pay the claim
maintenance fee as required by the Secretary shall
conclusively constitute a forfeiture of the unpatented
mining claim, mill or tunnel site by the claimant and
the claim shall be deemed null and void by operation of
law.
(e) Funding to Prevent Environmental Damage From Mining.--In
addition to amounts otherwise available, there is appropriated
to the Bureau of Land Management for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$3,000,000, to remain available until September 30, 2031,
except that no amounts may be expended after September 30,
2031, to revise rules and regulations to prevent undue
degradation of public lands due to hardrock mining activities
as authorized by the Federal Land Policy and Management Act (43
U.S.C. 1701) and the Mining Law of 1872 (30 U.S.C. 22).
Subtitle I--Office of Native Hawaiian Relations
SEC. 70901. NATIVE HAWAIIAN CONSULTATION.
In addition to amounts otherwise available, there is
appropriated to the Office of Native Hawaiian Relations for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, for the purposes of conducting
consultations with the Native Hawaiian people.
SEC. 70902. NATIVE HAWAIIAN CLIMATE RESILIENCE.
In addition to amounts otherwise available, there is
appropriated to the Office of Native Hawaiian Relations for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $30,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, through direct expenditure,
contracts, grants, and cooperative agreements to provide
funding and technical assistance for climate resilience and
adaptation programs that serve the Native Hawaiian people.
Subtitle J--Accountability for Funds
SEC. 71001. OVERSIGHT.
One half of one percent of the amounts made available under
this title in each of fiscal years 2022 through 2031 shall be
used for the oversight and accountability of the expenditure of
funds.
SEC. 71002. LIMITATION.
Of the funds provided under sections 70301, 70303, 70310,
70504, 70505, 70506, 70507, 70508, 70510, 70512, 70513, 70514,
70601, 70602, 70603, 70609, and 70610, no more than 2 percent
shall be used for administrative costs to carry out such
sections.
SEC. 71003. LIMITATION.
No funds made available under this title may be used to close
the national office of the Bureau of Land Management located in
Grand Junction, Colorado.
TITLE VIII--COMMITTEE ON OVERSIGHT AND REFORM
SEC. 80001. GENERAL SERVICES ADMINISTRATION CLEAN VEHICLE FLEET.
In addition to amounts otherwise available, there is
appropriated to the General Services Administration for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000,000, to remain available until
expended, for the procurement of electric vehicles and related
infrastructure for the Federal fleet (excluding any vehicles of
the United States Postal Service and including non-tactical
vehicles of the Department of Defense), and the management,
acquisition, and allocation of such electric vehicles and
infrastructure and working with Federal agencies to allocate
and lease resources as necessary.
SEC. 80002. GENERAL SERVICES ADMINISTRATION OFFICE OF THE INSPECTOR
GENERAL CLEAN VEHICLE FLEET OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Office of the Inspector General of the
General Services Administration for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$2,500,000, to remain available until expended, for oversight
of the procurement of electric vehicles and related
infrastructure for the Federal fleet at the General Services
Administration.
SEC. 80003. UNITED STATES POSTAL SERVICE; CLEAN VEHICLE FLEET AND
FACILITY MAINTENANCE.
In addition to amounts otherwise available, there is
appropriated to the United States Postal Service for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $7,000,000,000, to remain available until
expended, to be deposited into the Postal Service Fund
established under section 2003 of title 39, United States Code,
to acquire electric vehicles for the Postal Service fleet, of
which $3,000,000,000 shall be for the purchase of electric
delivery vehicles and $4,000,000,000 shall be for the purchase
of the related infrastructure to support such vehicles.
SEC. 80004. UNITED STATES POSTAL SERVICE OFFICE OF THE INSPECTOR
GENERAL CLEAN VEHICLE FLEET PROCUREMENT OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Office of the Inspector General of the
United States Postal Service for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $23,000,000,
to remain available until expended, to be deposited into the
Postal Service Fund established under section 2003 of title 39,
United States Code, to perform oversight of the United States
Postal Service's acquisition and deployment of electric
vehicles and such infrastructure as may be required to support
such vehicles.
SEC. 80005. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.
In addition to amounts otherwise available, there is
appropriated to the National Archives and Records
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $60,000,000 to remain
available until expended to address backlogs in responding to
requests from veterans for military personnel records, improve
cyber security, improve digital preservation and access to
archival Federal records, and address backlogs in requests made
under section 552 of title 5, United States Code (commonly
referred to as the Freedom of Information Act). Such amounts
may also be used for the Federal Records Center Program.
SEC. 80006. FUNDING FOR GOVERNMENT ACCOUNTABILITY OFFICE.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $25,000,000, to remain
available until expended, for the Comptroller General to
conduct oversight of the receipt, disbursement, and use of
funds and exercise of authorities provided by this Act,
including oversight of the equitable distribution and use of
funds and their economic, social, and environmental impacts,
and to prepare such reports that the Comptroller General
determines appropriate.
SEC. 80007. FUNDING FOR THE OFFICE OF MANAGEMENT AND BUDGET FOR
IMPLEMENTATION OF JUSTICE40.
In addition to amounts otherwise available, there is
appropriated to the Office of Management and Budget for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $4,000,000 to remain available until September
30, 2026, for additional personnel and data management expenses
to support implementation of the Justice40 Initiative set forth
in section 223 of Executive Order No. 14008, ``Executive Order
on Tackling the Climate Crisis at Home and Abroad'' (January
27, 2021), including providing assistance to other agencies in
the development and implementation of methodologies to measure
benefits, the development of a database to track agency
benefits to disadvantaged communities, and a public-facing
scorecard detailing agency environmental justice performance
measures.
SEC. 80008. DISTRICT OF COLUMBIA CLEAN VEHICLE FLEET.
In addition to amounts otherwise available, there is
appropriated to the District of Columbia for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$10,000,000, to remain available until expended, for the
procurement of electric vehicles and related infrastructure for
the District of Columbia and the management and acquisition of
such electric vehicles and infrastructure.
SEC. 80009. FUNDING FOR TECHNOLOGY MODERNIZATION FUND.
In addition to amounts otherwise available, there is
appropriated to the Technology Modernization Fund for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,000,000,000, to remain available until
September 30, 2031.
SEC. 80010. FUNDING FOR GENERAL SERVICES ADMINISTRATION FEDERAL CITIZEN
SERVICES FUND.
In addition to amounts otherwise available, there is
appropriated to the General Services Administration for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $2,000,000,000, to remain available until
September 30, 2031, to be deposited in the Federal Citizen
Services Fund.
SEC. 80011. FUNDING FOR INFORMATION TECHNOLOGY OVERSIGHT AND REFORM
(ITOR) ACCOUNT.
In addition to amounts otherwise available, there is
appropriated to the Office of Management and Budget's
Information Technology Oversight and Reform (ITOR) account
within the Executive Office of the President for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $350,000,000, to remain available until September
30, 2031.
TITLE IX--COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY
SEC. 90001. DEPARTMENT OF COMMERCE REGIONAL INNOVATION.
In addition to amounts otherwise available, there is
appropriated to the Department of Commerce for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, for planning and establishment of
regional innovation initiatives pursuant to the Stevenson-
Wydler Act, and for related administrative expenses. Of the
funds provided by this section for regional innovation
initiatives, no fewer than one-third of grants or cooperative
agreements awarded shall significantly benefit a State that is
eligible to receive funding from the Established Program to
Stimulate Competitive Research of the National Science
Foundation or a rural or other underserved community.
SEC. 90002. FUNDING FOR DEPARTMENT OF ENERGY LABORATORY INFRASTRUCTURE.
(a) Office of Science Appropriation.--In addition to amounts
otherwise available, there is appropriated to the Department of
Energy Office of Science for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $10,391,804,000, to
remain available until September 30, 2026, to carry out
laboratory infrastructure projects, including--
(1) $7,780,566,000 for Construction Projects, of
which--
(A) $220,000,000 shall be used for the
Exascale Computing Project;
(B) $493,600,000 shall be used for the
Frontier Exascale Computing System;
(C) $427,400,000 shall be used for the Aurora
Exascale Computing System;
(D) $155,400,000 shall be used for upgrades
to the National Energy Research Scientific
Computing Center;
(E) $38,616,000 shall be used for the Energy
Sciences Network;
(F) $157,000,000 shall be used for the
Advanced Photon Source Upgrade;
(G) $729,800,000 shall be used for the
Spallation Neutron Source Proton Power Upgrade
and Second Target Station;
(H) $337,600,000 shall be used for the
Advanced Light Source Upgrade;
(I) $472,850,000 shall be used for the Linac
Coherent Light Source-II, including the High
Energy Upgrade;
(J) $86,000,000 shall be used for the
Cryomodule Repair and Maintenance Facility;
(K) $25,000,000 shall be used for the High
Flux Isotope Reactor Pressure Vessel
Replacement;
(L) $1,325,000,000 shall be used for United
States contributions to the ITER project as
authorized in section 972(c) of the Energy
Policy Act of 2005 (42 U.S.C. 16312(c));
(M) $212,300,000 shall be used for the Matter
in Extreme Conditions Upgrade;
(N) $581,000,000 shall be used for the Proton
Improvement Plan-II project;
(O) $1,300,000,000 shall be used for the Long
Baseline Neutrino Facility/Deep Underground
Neutrino Experiment;
(P) $13,000,000 shall be used for the Muon to
Electron Conversion Experiment;
(Q) $806,000,000 shall be used for the
Electron Ion Collider;
(R) $213,000,000 shall be used for the Oak
Ridge National Laboratory Radioisotope
Processing Facility; and
(S) $187,000,000 shall be used for the United
States Stable Isotope Production and Research
Center;
(2) $1,470,238,000 for Major Items of Equipment, of
which--
(A) $302,000,000 shall be used for the High
Performance Data Facility;
(B) $90,000,000 shall be used for the
Nanoscale Science Research Center
Recapitalization project;
(C) $83,500,000 shall be used for the
National Synchrotron Light Source-II
Experimental Tools II project;
(D) $59,200,000 shall be used for the
Material Plasma Exposure Experiment;
(E) $567,875,000 shall be used for such
projects for the High Energy Physics program,
including--
(i) $237,000,000 for the Cosmic
Microwave Background-Stage 4
experiment; and
(ii) $223,875,000 for upgrades to the
Large Hadron Collider; and
(F) $367,663,000 shall be used for such
projects for the Nuclear Physics program,
including $212,500,000 for the Ton-Scale
Neutrinoless Double Beta Decay experiment; and
(3) $1,141,000,000 for Science Laboratories
Infrastructure, of which--
(A) $111,500,000 shall be used for such
projects at the Oak Ridge National Laboratory;
(B) $115,000,000 shall be used for such
projects at the Thomas Jefferson National
Accelerator Facility;
(C) $150,400,000 shall be used for such
projects at the Princeton Plasma Physics
Laboratory;
(D) $29,850,000 shall be used for such
projects at the Ames Laboratory;
(E) $90,000,000 shall be used for such
projects at the Brookhaven National Laboratory;
(F) $265,000,000 shall be used for such
projects at the Lawrence Berkeley National
Laboratory;
(G) $152,000,000 shall be used for such
projects at the SLAC National Accelerator
Laboratory;
(H) $100,000,000 shall be used for such
projects at the Argonne National Laboratory;
and
(I) $127,250,000 shall be used for such
projects at the Fermi National Accelerator
Laboratory.
(b) Energy Efficiency and Renewable Energy Appropriation.--In
addition to amounts otherwise available, there is appropriated
to the Department of Energy Office of Energy Efficiency and
Renewable Energy for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $349,200,000, to remain
available until September 30, 2026, to carry out laboratory
infrastructure projects, of which--
(1) $163,000,000 shall be used for the Energy
Materials and Processing at Scale project;
(2) $96,200,000 shall be used for the Advanced
Research in Integrated Energy Systems initiative; and
(3) $90,000,000 shall be used for high-performance
computing equipment and infrastructure.
(c) Nuclear Energy Appropriation.--In addition to amounts
otherwise available, there is appropriated to the Department of
Energy Office of Nuclear Energy for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$408,000,000, to remain available until September 30, 2026, to
carry out laboratory infrastructure projects, of which--
(1) $66,000,000 shall be used for the Sample
Preparation Laboratory;
(2) $125,000,000 shall be used for the Advanced Test
Reactor and Materials and Fuel Complex Plant Health
projects;
(3) $122,000,000 shall be used for the Advanced Test
Reactor Recapitalization project; and
(4) $95,000,000 shall be used for the Versatile Test
Reactor as authorized in section 955 of the Energy
Policy Act of 2005 (42 U.S.C. 16275).
(d) Fossil Energy and Carbon Management Appropriation.--In
addition to amounts otherwise available, there is appropriated
to the Department of Energy Office of Fossil Energy and Carbon
Management for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $20,000,000, to remain
available until September 30, 2026, to carry out activities to
support high-performance computing equipment and
infrastructure.
(e) General Laboratory Infrastructure.--In addition to
amounts otherwise available, there is appropriated for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,080,996,000, to remain available until
September 30, 2026, to carry out activities to support
infrastructure at Department of Energy National Laboratories
for civilian research and development purposes, including
General Plant Projects and General Plant Equipment, of which--
(1) not less than $377,301,000 shall be available to
the Office of Science;
(2) not less than $209,800,000 shall be available to
the Office of Energy Efficiency and Renewable Energy;
(3) not less than $40,000,000 shall be available to
the Office of Nuclear Energy;
(4) not less than $190,000,000 shall be available to
the Office of Fossil Energy and Carbon Management; and
(5) not less than $102,200,000 shall be available to
the Office of Environmental Management.
SEC. 90003. DEPARTMENT OF ENERGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION ACTIVITIES.
(a) Office of Science Appropriations.--In addition to amounts
otherwise available, there is appropriated to the Office of
Science of the Department of Energy for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$2,000,000,000, to remain available until September 30, 2026,
to carry out research and development activities. Of the funds
provided by this section:
(1) Computational science graduate fellowship.--
$116,000,000 shall be used to carry out the Department
of Energy Computational Science Graduate Fellowship
program.
(2) Quantum user expansion for science and
technology.--$340,000,000 shall be used to carry out
activities to facilitate access of researchers to
United States quantum computing facilities for research
purposes as part of the program authorized in title IV
of the National Quantum Initiative Act (15 U.S.C. 8851
et seq.).
(3) Low-dose radiation research.--$180,000,000 shall
be used to carry out the activities of the low-dose
radiation research program authorized in section 306(c)
of the Department of Energy Research and Innovation Act
(42 U.S.C. 18644(c)).
(4) Fusion materials research and development.--
$250,000,000 shall be used to carry out the activities
of the fusion materials research and development
program authorized in section 307(b) of the Department
of Energy Research and Innovation Act (42 U.S.C.
18645(b)).
(5) Inertial fusion research and development.--
$140,000,000 shall be used to carry out the activities
of the program of research and technology development
in inertial fusion for energy applications authorized
in section 307(d) of the Department of Energy Research
and Innovation Act (42 U.S.C. 18645(d)).
(6) Alternative and enabling fusion energy
concepts.--$275,000,000 shall be used to carry out the
activities of the alternative and enabling fusion
energy concepts program authorized in section 307(e) of
the Department of Energy Research and Innovation Act
(42 U.S.C. 18645(e)).
(7) Milestone-based fusion energy development
program.--$325,000,000 shall be used to carry out the
activities of the milestone-based fusion energy
development program authorized in section 307(i) of the
Department of Energy Research and Innovation Act (42
U.S.C. 18645(i)).
(8) Fusion reactor system design.--$250,000,000 shall
be used to carry out the fusion reactor system design
activities authorized in section 307(j) of the
Department of Energy Research and Innovation Act (42
U.S.C. 18645(j)).
(b) Energy Efficiency and Renewable Energy Appropriation.--
(1) Demonstration projects.--In addition to amounts
otherwise available, there is appropriated to the
Department of Energy Office of Energy Efficiency and
Renewable Energy for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated,
$1,107,500,000, to remain available until September 30,
2026, to carry out demonstration projects, including
demonstration of advanced--
(A) wind energy technologies as authorized in
section 3003 of the Energy Act of 2020 (42
U.S.C. 16237);
(B) solar energy technologies as authorized
in section 3004 of the Energy Act of 2020 (42
U.S.C. 16238), including technologies and
processes to encourage the domestic production
of materials, semiconductors, and other
components at all stages of the solar supply
chain;
(C) geothermal technologies as authorized in
section 615 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17194);
(D) water power technologies as authorized in
sections 634 and 635 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17213 et
al.);
(E) vehicle technologies;
(F) bioenergy technologies, including
biofuels; and
(G) building technologies.
(2) Clean energy manufacturing innovation
institute.--In addition to amounts otherwise available,
there is appropriated to the Office of Energy
Efficiency and Renewable Energy for fiscal year 2022,
out of any money in the Treasury not otherwise
appropriated, $70,000,000, to remain available until
September 30, 2026, to carry out activities to support
one new Clean Energy Manufacturing Innovation
Institute.
(c) Nuclear Energy Appropriation.--In addition to amounts
otherwise available, there is appropriated to the Department of
Energy Office of Nuclear Energy for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$52,500,000, to remain available until September 30, 2026, to
carry out the activities of the research reactor infrastructure
program as authorized in section 954(a) of the Energy Policy
Act of 2005 (42 U.S.C. 16274(a)).
(d) Fossil Energy and Carbon Management Appropriation.--In
addition to amounts otherwise available, there is appropriated
to the Department of Energy Office of Fossil Energy and Carbon
Management for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $10,000,000, to remain
available until September 30, 2026, to carry out on-site
demonstration projects on the reduction of environmental
impacts of produced water.
(e) Diversity Support.--In addition to amounts otherwise
available, there is appropriated to the Department of Energy
Office of Economic Impact and Diversity for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2031,
except that no amounts may be expended after September 30,
2031, to support programs across the Department's civilian
research, development, demonstration, and commercial
application activities.
(f) Oversight.--In addition to amounts otherwise available,
there is appropriated to the Department of Energy for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until September
30, 2031, except that no amounts may be expended after
September 30, 2031, for oversight by the Department of Energy
Office of Inspector General of the Department of Energy
activities for which funding is appropriated in this title.
SEC. 90004. ENVIRONMENTAL PROTECTION AGENCY CLIMATE CHANGE RESEARCH AND
DEVELOPMENT.
In addition to amounts otherwise made available, there is
appropriated to the Environmental Protection Agency for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $264,000,000 to remain available until September
30, 2026, to conduct environmental research and development
activities related to climate change, including related
administrative expenses. The amounts made available in this
section shall be used for the purposes of--
(1) conducting further research on mitigation of
climate forcing emissions, adaptation to reduce the
impacts of climate change, and approaches to build
resilience to climate change;
(2) providing increased support for evidence-based
regional and community climate adaptation and
resilience actions, including development of a grants-
based regional climate science network;
(3) conducting further social science research to
upgrade the utilization and efficacy of scientific
tools to mitigate, adapt, and build resilience to the
impacts of climate change;
(4) increasing engagement capacity with frontline
communities with environmental justice concerns in
translating, utilizing, and evaluating scientific
research results;
(5) conducting further research to improve
understanding of impacts of decarbonized energy sources
compared to existing energy sources, including
cumulative impacts of pollution from existing sources;
(6) conducting further research to improve
understanding of the impacts of the transition to
decarbonized energy, transportation, and building
sectors on frontline communities;
(7) conducting further research to improve
understanding of impacts of climate change, including
cumulative impacts of pollution exposure, in
communities that face disproportionate impacts from
energy transitions; and
(8) providing increased support to conduct further
environmental research and development activities on
climate change that the Administrator deems
appropriate.
SEC. 90005. FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO
FIREFIGHTERS GRANTS.
In addition to amounts otherwise available, there is
appropriated to the Federal Emergency Management Agency for
Fiscal Year 2022, out of any money in the Treasury not
otherwise appropriated, to remain available until September 30,
2026, $798,000,000, for Assistance to Firefighters Grants
pursuant to the Federal Fire Prevention and Control Act of
1974: Provided, That $718,000,000 of such amount shall be
available for Assistance to Firefighters Grants for fire and
EMS department facility construction, upgrades, and
modifications, and for related administrative expenses:
Provided further, That $80,000,000 of such amount shall be
available for Assistance to Firefighters Grants for PFAS-free
personal protective equipment and PFAS-free firefighting foam,
and for related administrative expenses.
SEC. 90006. FIREFIGHTER GRANT OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Department of Homeland Security for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $2,000,000, to remain available until September
30, 2031, except that no amounts may be expended after
September 30, 2031, for oversight by the Department of Homeland
Security Office of Inspector General of the activities for
which funding is appropriated in section 90005.
SEC. 90007. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
INFRASTRUCTURE.
In addition to amounts otherwise made available, there are
appropriated to the National Aeronautics and Space
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $4,000,000,000 to remain
available until September 30, 2026, for repair,
recapitalization, and modernization of physical infrastructure
and facilities, including related administrative expenses,
consistent with the responsibilities authorized under section
31502 of title 51, United States Code, on maintenance of
facilities and section 31503 of title 51, United States Code,
on laboratory productivity.
SEC. 90008. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION CLIMATE
CHANGE RESEARCH AND DEVELOPMENT.
In addition to amounts otherwise made available, there are
appropriated to the National Aeronautics and Space
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $388,000,000 to remain
available until September 30, 2026, of which $85,000,000 shall
be for research and development on subseasonal to seasonal
models and observations, climate resilience and sustainability,
and airborne instruments, campaigns, and surface networks to
understand, observe, and mitigate global climate change and its
impacts, including related administrative expenses, authorized
under section 60501 of title 51, United States Code, and
research and development activities on upper atmospheric
research authorized under sections 20161, 20163, and 20164 of
title 51, United States Code; $28,000,000 shall be for
investments in data management and processing to support
research, development, and applications to understand, observe,
and mitigate the global climate change and its impacts
consistent with the responsibilities authorized under section
60506 of title 51, United States Code; $50,000,000 shall be for
research and development to support the wildfire community and
improve wildfire fighting operations, including the Scalable
Traffic Management for Emergency Response Operations project;
and $225,000,000 shall be for advancing aeronautics research
and development on sustainable aviation, including sustainable
aviation biofuels, including related administrative expenses,
consistent with the responsibilities authorized under sections
40701 and 40702 of title 51, United States Code.
SEC. 90009. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION OVERSIGHT AND
CYBERSECURITY.
In addition to amounts otherwise made available, there are
appropriated to the National Aeronautics and Space
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $7,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for information
technology security and cybersecurity activities for which
funding is appropriated under sections 90007 and 90008. In
addition to amounts otherwise made available, there are
appropriated to the National Aeronautics and Space
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $5,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for the Office of
Inspector General to provide oversight over the management of
funds appropriated under sections 90007 and 90008.
SEC. 90010. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY RESEARCH.
In addition to amounts otherwise available, there is
appropriated to the National Institute of Standards and
Technology for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,195,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for scientific and
technical research pursuant to the National Institute of
Standards and Technology Act, for artificial intelligence
(including AI safety and control), cybersecurity, quantum
information science and technology, biotechnology,
communications technologies, advanced manufacturing, resilience
to natural hazards including wildfires, greenhouse gas and
other climate-related measurement, and for related
administrative expenses: Provided, That $150,000,000 shall be
available for cybersecurity research and activities.
SEC. 90011. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY SUPPORTING
AMERICAN MANUFACTURING.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the National Institute of Standards
and Technology for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,000,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, of which--
(1) $1,000,000,000 shall be for the Hollings
Manufacturing Extension Partnership as authorized by
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k; 278l),
including related administrative expenses;
(2) $850,000,000 shall be to provide funds, through
existing programs, for advanced manufacturing research,
development, and testbeds, including related
administrative expenses; and
(3) $150,000,000 shall be for the creation of a new
Manufacturing USA Institute that is focused on
semiconductor manufacturing.
(b) Limitation.--Amounts provided under subsection (a)(1)
shall not be subject to cost share requirements under section
25(e)(2) of the National Institute of Standards and Technology
Act (15 U.S.C. 278k(e)(2)). The authority made available
pursuant to this preceding sentence shall be elective for any
Manufacturing Extension Partnership Center that also receives
funding from a State that is conditioned upon the application
of a Federal cost sharing requirement.
SEC. 90012. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY RESEARCH
FACILITIES.
In addition to amounts otherwise available, there is
appropriated to the National Institute of Standards and
Technology for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for necessary expenses as
authorized by sections 13 through 15 of the National Institute
of Standards and Technology Act (15 U.S.C. 278c-278e) for
construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities.
SEC. 90013. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Department of Commerce for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000, to remain available until September
30, 2031, except that no amounts may be expended after
September 30, 2031, for oversight by the Department of Commerce
Office of Inspector General of National Institute of Standards
and Technology activities for which funding is appropriated in
this title.
SEC. 90014. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION WEATHER,
OCEAN, AND CLIMATE RESEARCH AND FORECASTING.
In addition to amounts otherwise made available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,240,000,000, to remain
available until September 30, 2026, to carry out the provisions
of the Weather Research and Forecasting Innovation Act (15
U.S.C. 8501 et seq.), the National Integrated Drought
Information System Act (15 U.S.C. 313d), the National Climate
Program Act (15 U.S.C. 2901-2908.), the Harmful Algal Bloom and
Hypoxia Research and Control Act (33 U.S.C. 4001-4010), the
Federal Ocean Acidification Research and Monitoring Act (33
U.S.C. 3701-3708), title III of the America COMPETES Act (33
U.S.C. 893, 893a, 893b, and 893c), and the Weather Service
Organic Act (15 U.S.C. 313 et seq.). The amounts in this
section shall be used for the purposes of--
(1) increasing the understanding, and predictive and
forecasting capabilities, of weather and climate
phenomena including, but not limited to, hurricanes,
tornadoes, drought, wildland fires and associated fire
weather, extreme precipitation, extreme heat and
extreme heat events, flooding, and other severe
weather, and their impacts;
(2) increasing marine research capacity and the
understanding of the impacts of climate change on ocean
processes and phenomena including, but not limited to,
ocean acidification, harmful algal blooms, hypoxia and
deoxygenation, sea level change, and ocean warming;
(3) enhancing weather, ocean, climate, and other
environmental observations, research, data, data
assimilation, and modeling;
(4) facilitating successful transition of research
into operations and operations to research, including
social science for improved decision support services;
(5) acquiring related high-performance computing,
data management, and storage assets; and
(6) developing, leveraging, and employing new
capabilities, technologies and instruments, including
dissemination and processing.
SEC. 90015. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION CLIMATE
ADAPTATION AND RESILIENCE ACTIVITIES.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $765,000,000 to remain
available until September 30, 2026, to carry out the provisions
of the National Climate Program Act (15 U.S.C. 2901-2908), the
Weather Research and Forecasting Innovation Act (15 U.S.C. 8501
et seq.), title III of the America COMPETES Act (33 U.S.C. 893,
893a, 893b, and 893c), the National Integrated Drought
Information System Act (15 U.S.C. 313d), the Weather Service
Organic Act (15 U.S.C. 313 et seq.), the Harmful Algal Bloom
and Hypoxia Research and Control Act (33 U.S.C. 4001-4010), and
the Federal Ocean Acidification Research and Monitoring Act (33
U.S.C. 3701-3708) to develop and distribute actionable climate
information for communities across all States, territories, and
Tribal lands of the United States in an equitable manner, to
build climate resilience and develop a climate-ready workforce.
(b) Use of Funds.--The amounts made available in subsection
(a) shall be used for the following activities:
(1) $265,000,000 to better enable end users, as
appropriate, to assess the relative risk of, determine
possible adaptation and mitigation strategies for, and
make executive and budgetary decisions in response to
climate impacts by--
(A) increasing end user understanding of the
impacts of climate change at the local and
regional level;
(B) developing actionable climate information
and accessible tools and products; and
(C) providing end users with technical
assistance.
(2) $500,000,000 to recruit, educate, and train a
climate-ready workforce to--
(A) develop and support on-the-ground
community-driven projects to enhance climate
adaptation and resilience;
(B) support community engagement and
participation in monitoring, tracking, and
preparing for extreme events;
(C) support local resilience to climate
impacts;
(D) conduct community-driven climate science;
and
(E) enhance the National Oceanic and
Atmospheric Administration's delivery of
climate information services, tools, and
products, including but not limited to those
developed in paragraph (1)(B).
(c) End Users.--For the purposes of this section, the term
``end users'' shall include--
(1) States;
(2) territories;
(3) Tribes;
(4) local governments;
(5) businesses;
(6) not-for-profit or other organizations; and
(7) individuals.
(d) Extreme Event.--For the purposes of this section, the
term ``extreme event'' refers to a time and place in which
weather, climate, or environmental conditions, such as
temperature, precipitation, drought, or flooding, rank above a
threshold value near the upper or lower ends of the range of
historical measurements.
SEC. 90016. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION HIGH
PERFORMANCE COMPUTING.
In addition to amounts otherwise made available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $70,000,000 to remain
available until September 30, 2026, to procure and enhance high
performance computing, data management, and storage
capabilities, and related facilities to enable the National
Oceanic and Atmospheric Administration to meet its mission
requirements, including related administrative expenses.
SEC. 90017. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PHASED
ARRAY RADAR.
In addition to amounts otherwise made available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $224,000,000 to remain
available until September 30, 2026, to carry out the provisions
of the Weather Research and Forecasting Innovation Act (15
U.S.C. 8501 et seq.) for research and development activities to
advance the understanding of phased array radar as a potential
future radar technology to improve weather forecasts.
SEC. 90018. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION HURRICANE
HUNTER AIRCRAFT.
In addition to amounts otherwise made available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,024,000,000 to remain
available until September 30, 2026, to carry out the provisions
of the Weather Research and Forecasting Innovation Act (15
U.S.C. 8501 et seq.) for the procurement of hurricane hunters
and related expenses, and the development and acquisition of
airborne phased array radar, to prepare for fleet readiness by
fiscal year 2030.
SEC. 90019. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION UNCREWED
SYSTEMS.
In addition to amounts otherwise made available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $12,000,000 to remain
available until September 30, 2026, to support uncrewed systems
development and application in support of National Oceanic and
Atmospheric Administration mission priorities including oceanic
and atmospheric research and research to operations, including
related administrative expenses.
SEC. 90020. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION RESEARCH
INFRASTRUCTURE.
In addition to amounts otherwise made available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $743,000,000 to remain
available until September 30, 2026, to conduct deferred
maintenance of meteorological, hydrological, climatological,
and other oceanic and atmospheric research and development or
operational facilities, and to make improvements to scientific
equipment and instruments, including related administrative
expenses.
SEC. 90021. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SPACE
WEATHER.
In addition to amounts otherwise made available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $173,000,000, to remain
available until September 30, 2026, to carry out the provisions
of the Promoting Research and Observations of Space Weather to
Improve the Forecasting of Tomorrow (PROSWIFT) Act (51 U.S.C.
60601 et seq.) by accelerating the development and delivery of
instruments and spacecraft, and prioritizing an independent
launch for the Space Weather Next Lagrange point 1 mission,
including related administrative expenses.
SEC. 90022. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Department of Commerce for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000, to remain available until September
30, 2026, for oversight by the Department of Commerce Office of
Inspector General of National Oceanic and Atmospheric
Administration activities for which funding is appropriated in
this title.
SEC. 90023. NATIONAL SCIENCE FOUNDATION INFRASTRUCTURE.
In addition to amounts otherwise available, there is
appropriated to the National Science Foundation for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $3,430,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, for research-enabling equipment,
facilities, and infrastructure, including mid-scale research
infrastructure, Antarctic infrastructure modernization, related
Federal administrative expenses and additional major research
equipment and facilities construction projects approved by the
National Science Board as required under section 14 of the
National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n-4): Provided, That $1,000,000,000 shall be for
activities authorized by title II of Public Law 100-570 for
academic research facilities modernization, which may include
shore-side facilities for academic research vessels, of which
$300,000,000 shall be for academic research facilities
modernization at historically Black colleges and universities,
Hispanic serving institutions, Tribal colleges and
universities, and other minority serving institutions: Provided
further, That not less than 20 percent of the funds made
available in this section shall be for research-enabling
equipment, facilities, and infrastructure projects located in a
State or territory that is eligible to receive funding from the
Established Program to Stimulate competitive Research as
established under section 113 of the National Science
Foundation Authorization Act of 1988 (42 U.S.C. 1862g).:
Provided further, That $25,000,000 shall be for the Office of
the Chief of Research Security Strategy and Policy for research
security activities.
SEC. 90024. NATIONAL SCIENCE FOUNDATION RESEARCH AND DEVELOPMENT.
In addition to amounts otherwise available, there is
appropriated to the National Science Foundation for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $7,550,000,000, to remain available until
September 30, 2031, except that no amounts may be expended
after September 30, 2031, to fund or extend new and existing
research awards, scholarships, and fellowships across all
science, technology, engineering, and mathematics (STEM) and
STEM education disciplines, to fund use-inspired and
translational research and development awards, entrepreneurial
education, and technology transfer activities, to extend
existing research awards and scholarships and fellowships to
aid in the recovery from COVID-19 related disruptions, and for
related administrative expenses: Provided, That $400,000,000
shall be available for climate change research, including
relating to wildfires: Provided further, That $700,000,000
shall be available for research and related activities at
historically Black colleges and universities, Tribal colleges
and universities, Hispanic serving institutions, and other
minority serving institutions.
SEC. 90025. NATIONAL SCIENCE FOUNDATION OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Office of Inspector General of the National
Science Foundation for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $50,000,000, to remain
available until September 30, 2031, except that no amounts may
be expended after September 30, 2031, for oversight,
investigations, and audits of programs, grants, and projects
carried out by the National Science Foundation using funds
under this title.
SEC. 90026. WAGE RATE REQUIREMENTS.
(a) In General.--Notwithstanding any other provision of law,
all laborers and mechanics employed by contractors and
subcontractors on any project funded directly or assisted in
whole or in part by the Federal Government pursuant to this
title shall be paid wages at rates not less than those
prevailing on projects of a similar character in the locality,
as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code
(commonly known as the ``Davis-Bacon Act'').
(b) Authority.--With respect to the labor standards specified
in paragraph (1), the Secretary of Labor shall have the
authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
SEC. 90027. FORCED LABOR PROHIBITION.
None of the funds provided in this title may be used in
awarding a contract, subcontract, grant, or loan to an entity
that is listed pursuant to section 9(b)(3) of the Uyghur Human
Rights Policy Act of 2020 (Public Law 116-145).
TITLE X--COMMITTEE ON SMALL BUSINESS
SEC. 100001. DEFINITIONS.
In this title--
(1) the terms ``Administration'' and
``Administrator'' mean the Small Business
Administration and the Administrator thereof,
respectively; and
(2) the term ``small business concern'' has the
meaning given under section 3 of the Small Business Act
(15 U.S.C. 632).
Subtitle A--Increasing Federal Contracting Opportunities for Small
Businesses
SEC. 100101. VETERAN FEDERAL PROCUREMENT ENTREPRENEURSHIP TRAINING
PROGRAM.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not otherwise
appropriated, $5,000,000 for each of fiscal years 2022 through
2028 for carrying out subsection (h) of section 32 of the Small
Business Act (15 U.S.C. 657b), as added by this section.
Amounts appropriated by this subsection shall remain available
for 3 fiscal years.
(b) Establishment.--Section 32 of the Small Business Act (15
U.S.C. 657b) is amended by adding at the end the following:
``(h) Veteran Federal Procurement Entrepreneurship Training
Program.--The Administrator, acting through the Associate
Administrator, shall make grants to, or enter into cooperative
agreements with nonprofit entities to operate a Federal
procurement entrepreneurship training program to provide
assistance to small business concerns owned and controlled by
veterans regarding how to increase the likelihood of being
awarded contracts with the Federal Government. A grant or
cooperative agreement under this subsection--
``(1) shall be made to or entered into with nonprofit
entities that have a track record of successfully
providing educational and job training services to
targeted veteran populations from diverse locations;
``(2) shall include terms under which the nonprofit
entities may, at the discretion of the Administrator,
be required to match any Federal funds received for the
program with State, local, or private sector funds; and
``(3) shall include terms under which the nonprofit
entities shall use a diverse group of professional
service experts, such as Federal, State, and local
contracting experts and private sector industry experts
with first-hand experience in Federal Government
contracting, to provide assistance to small business
concerns owned and controlled by veterans.''.
SEC. 100102. EXPANDING SURETY BOND PROGRAM.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until September 30, 2031, for additional capital for
the fund established under section 412 of the Small Business
Investment Act of 1958 (15 U.S.C. 694c).
(b) Expanding Surety Bond Program.--Part B of title IV of the
Small Business Investment Act of 1958 (15 U.S.C. 694a et seq.)
is amended--
(1) in section 411 (15 U.S.C. 694b)--
(A) in subsection (a)(1)--
(i) in subparagraph (A), by striking
``$6,500,000'' and inserting
``$10,000,000''; and
(ii) by amending subparagraph (B) to
read as follows:
``(B) The Administrator may guarantee a surety under
subparagraph (A) for a total work order or contract
entered into by a Federal agency in an amount that does
not exceed $20,000,000.''; and
(B) in subsection (e)(2), by striking
``$6,500,000'' and inserting ``the amount
described in subparagraph (A) or (B) of
subsection (a)(1), as applicable''; and
(2) in section 412 (15 U.S.C. 694c)--
(A) in subsection (a), in the third sentence,
by striking ``, excluding administrative
expenses,'';
(B) by redesignating subsection (b) as
subsection (c); and
(C) by inserting after subsection (a) the
following:
``(b) Not more than 15 percent of the amount that is in the
fund described in subsection (a) on the first day of each
fiscal year may be obligated during that fiscal year to cover
costs incurred by the Administration in connection with the
management and administration of this part, including costs
related to information technology and systems, personnel,
outreach activities, and relevant contracts.''.
SEC. 100103. UPLIFT ACCELERATOR PROGRAM; BUSINESS DEVELOPMENT ACADEMY.
(a) Uplift Accelerator Program.--
(1) Appropriations.--
(A) In general.--In addition to amounts
otherwise available, there is appropriated to
the Small Business Administration for fiscal
year 2022, out of any money in the Treasury not
otherwise appropriated, $1,000,000,000 to
remain available until September 30, 2031, to
carry out subparagraph (K) of section 7(j)(10)
of the Small Business Act (15 U.S.C.
636(j)(10)), as added by this subsection; and
(B) Set aside.--Of amounts made available
under subparagraph (A), not more than 15
percent may be used by the Administrator for
administrative expenses and costs related to
monitoring and oversight.
(2) Establishment.--Section 7(j)(10) of the Small
Business Act (15 U.S.C. 636(j)(10)) is amended by
adding at the end the following:
``(K) Uplift accelerator program.--
``(i) Definitions.--In this
subparagraph:
``(I) Accelerator.--The term
`accelerator' means an
organization--
``(aa) that provides
mentorship and other
support to growing,
startup, and newly
established small
business concerns; and
``(bb) offers startup
capital or the
opportunity to raise
capital from outside
investors to growing,
startup, and newly
established small
business concerns.
``(II) Eligible entity.--The
term `eligible entity' means--
``(aa) a historically
black college or
university;
``(bb) an institution
of higher education, as
defined in section 101
of the Higher Education
Act of 1965, which
primarily educates
students who are Black
or African American,
Hispanic or Latino,
American Indian, Alaska
Native, Asian, Native
Hawaiian, or other
Pacific Islander; or
``(cc) a junior or
community college, as
defined in section 312
of the Higher Education
Act of 1965.
``(III) Eligible small
business concern.--The term
`eligible small business
concern' means a small business
concern--
``(aa) located in a
HUBZone, as defined in
section 31(b);
``(bb) owned and
controlled by a
resident of a low-
income community, as
defined in section
45D(e) of the Internal
Revenue Code of 1986;
``(cc) owned and
controlled by a
resident of a low-
income rural community;
``(dd) owned and
controlled by a member
of an Indian or Alaska
Native tribe, band,
nation, pueblo,
village, community,
component band, or
component reservation,
individually identified
(including
parenthetically) in the
most recent list
published pursuant to
section 104 of the
Federally Recognized
Indian Tribe List Act
of 1994;
``(ee) owned and
controlled by a Native
Entity;
``(ff) owned and
controlled by an
individual with a
disability, as defined
in section 3 of the
Americans with
Disabilities Act of
1990; or
``(gg) otherwise
identified by the
Administrator.
``(IV) Historically black
college or university.--The
term `historically black
college or university' means a
`part B institution', as
defined under section 322 of
the Higher Education Act of
1965.
``(V) Incubator.--The term
`incubator' means an
organization--
``(aa) that provides
mentorship and other
support to growing,
startup, and
established small
business concerns; and
``(bb) that may
provide a co-working
environment or a month-
to-month lease program.
``(VI) Native entity.--The
term `Native Entity' means--
``(aa) an Indian
tribe, including an
Alaska Native village
or Regional or Village
Corporation, as defined
in section 4 of the
Indian Self-
Determination and
Education Assistance
Act; and
``(bb) a Native
Hawaiian organization,
as that term is defined
in section 6207 of the
Elementary and
Secondary Education Act
of 1965.
``(ii) Use of funds.--The
Administrator is authorized to
establish a competitive grant program
to make grants to eligible entities to
establish accelerators or incubators to
support eligible small business
concerns in developing--
``(I) business readiness,
including by providing services
such as accounting,
organization, human resources,
and legal assistance;
``(II) growth readiness,
including assistance to build
past performance and
relationships with prime
contractors;
``(III) readiness to submit
bids for prime contracts,
including assistance in
developing skills, conducting
market research, and drafting
capability statements and
proposals; or
``(IV) global readiness,
including assistance in
establishing long-term,
additional revenue streams
outside of the United States.
``(iii) Acquisition authorities.--The
Administrator shall identify
acquisition authorities under which
eligible small business concerns
assisted under this subparagraph may
enter into contracts or agreements with
Federal agencies.
``(iv) Amount.--During the period
beginning on the date of the enactment
of this subparagraph and ending not
later than 10 years after such date,
the Administrator shall award not more
than an aggregate total of
$1,000,000,000 in grants to eligible
entities under this subparagraph.''.
(b) Business Development Academy.--
(1) Appropriations.--
(A) In general.--In addition to amounts
otherwise available, there is appropriated to
the Small Business Administration for fiscal
year 2022, out of any money in the Treasury not
otherwise appropriated, $725,000,000 to remain
available until September 30, 2031, to carry
out subparagraph (L) of section 7(j)(10) of the
Small Business Act (15 U.S.C. 636(j)(10)), as
added by this subsection.
(B) Set aside.--Of amounts made available
under subparagraph (A), not more than 15
percent may be used by the Administrator for
administrative expenses and costs related to
monitoring and oversight.
(2) Establishment.--Section 7(j)(10) of the Small
Business Act (15 U.S.C. 636(j)(10)), as amended by
subsection (a), is further amended by adding at the end
the following:
``(L) Business development academy.--
``(i) Definition of eligible
entity.--In this paragraph, the term
`eligible entity' has the meaning given
in subparagraph (K)(i).
``(ii) Use of funds.--The
Administrator is authorized to
establish a competitive grant program
to make grants to eligible entities to
support Program Participants.
``(iii) Duties of eligible
entities.--An eligible entity that
receives a grant under this
subparagraph shall use such grant to--
``(I) develop and establish a
foundational 12-month executive
mentoring and training program
for small business concerns
described in clause (ii);
``(II) recruit and enroll
participants in the program
described in subclause (I),
including by providing
incentives for participation;
``(III) develop certification
programs for eligible entities
based on proven best practices
of the Administration; and
``(IV) conduct research into
the effectiveness of the
program described in clause
(iv)(I).
``(iv) Amount.--During the period
beginning on the date of the enactment
of this subparagraph and ending not
later than 10 years after such date,
the Administrator shall award not more
than an aggregate total of $725,000,000
in grants to eligible entities under
this subparagraph.''.
SEC. 100104. PATHWAY TO PRIME GRANT PROGRAM.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, to remain
available until September 30, 2031--
(A) $75,000,000 to carry out subsection
(b)(1) of section 49 of the Small Business Act,
as added by subsection (b); and
(B) $450,000,000 to carry out subsection
(b)(2) of section 49 of the Small Business Act,
as added by subsection (b).
(2) Set aside.--Of the amount made available to carry
out this section for any fiscal year, not more than 15
percent may be used by the Administrator for
administrative expenses.
(b) Establishment.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended--
(1) by redesignating section 49 (15 U.S.C. 631 note)
as section 55; and
(2) by inserting after section 48 the following:
``SEC. 49. PATHWAY TO PRIME GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity'
means--
``(A) a historically black college or
university; or
``(B) an institution of higher education, as
defined in section 101 of the Higher Education
Act of 1965, which primarily educates students
who are Black or African American, Hispanic or
Latino, American Indian, Alaska Native, Asian,
Native Hawaiian, or other Pacific Islander.
``(2) Historically black college or university.--The
term `historically black college or university' has the
meaning given the term `part B institution' under
section 322 of the Higher Education Act of 1965.
``(3) Pathway firm.--The term `pathway firm' means a
small business concern that is--
``(A) a subcontractor of the Federal
Government;
``(B) a contractor or subcontractor of a
State, local, or tribal government, including
such contractor or subcontractor for a project
funded by the CARES Act (Public Law 116-136),
the American Rescue Plan Act of 2021 (Public
Law 117-2), or an Act providing funds for
infrastructure that is enacted during the 117th
Congress (as determined by the Administrator).
``(b) Establishment.--The Administrator shall establish a
program to assist pathway firms to become prime contractors of
the Federal Government by--
``(1) making competitive grants to eligible entities
to establish a national contracting and subcontracting
network and database of pathway firms and grantees
under paragraph (2) to track and connect pathway firms
with Federal prime contracting opportunities based on
the record of the pathway firm in competing for and
obtaining--
``(A) prime contracts or contracts with
Federal, State, local, or tribal governments;
``(B) subcontracts with Federal prime
contractors; and
``(C) subcontracts from State, local, or
tribal governments participating in projects
funded by the CARES Act (Public Law 116-136),
the American Rescue Plan Act of 2021 (Public
Law 117-2), or an Act providing funds for
infrastructure that is enacted during the 117th
Congress (as determined by the Administrator;
and
``(2) making competitive grants to not fewer than 20
State or local governments or federally recognized
Tribal governments to--
``(A) participate in the national small
business contracting network established in
paragraph (1); and
``(B) assist pathway firms within the
geographic regions served by those governments.
``(c) Use of Funds.--A recipient of a grant made under this
section shall--
``(1) provide resources to enable pathway firms to
gain the experience and capabilities necessary to
compete for and obtain prime contracts;
``(2) facilitate engagement between pathway firms and
Federal, State, local, or tribal governments;
``(3) work with the Administration to ensure that
prime contractors with subcontracting plans under
section 8(d) meet the requirements of those plans;
``(4) work with the Administration to maximize
opportunities for small business concerns to obtaining
subcontracts from State, local, or tribal governments
participating in projects funded by the CARES Act
(Public Law 116-136), the American Rescue Plan Act of
2021 (Public Law 117-2), or an Act providing funds for
infrastructure that is enacted during the 117th
Congress (as determined by the Administrator); and
``(5) make publicly available data to advocate for
best practices and policies that promote small business
concerns as prime contractors of the Federal
Government.''.
Subtitle B--Empowering Small Business Creation and Expansion in
Underrepresented Communities
SEC. 100201. GRANTS FOR BUSINESS INCUBATORS.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated,
$1,000,000,000, to remain available until September 30,
2031, for carrying out section 50 of the Small Business
Act, as added by subsection (b).
(2) Set aside.--Of the amounts made available under
this subsection for a fiscal year, not more than 15
percent shall be available for administrative expenses
and costs related to monitoring and oversight.
(b) Establishment.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended by inserting after section 49, as added by
section 10104, the following:
``SEC. 50. GRANTS FOR BUSINESS INCUBATORS.
``(a) Definitions.--In this section:
``(1) Business incubator.--The term `business
incubator' means an organization that--
``(A) provides resources, which may include
physical workspace and facilities, to startups
and established small business concerns;
``(B) is designed to accelerate the growth
and success of small business concerns through
a variety of business support resources and
services, including--
``(i) access to capital, business
education, and counseling;
``(ii) networking opportunities;
``(iii) mentorship opportunities; and
``(iv) other services intended to aid
in developing a business.
``(2) Economic development organization.--The term
`economic development organization'--
``(A) means a regional, State, tribal, or
local private nonprofit organization
established for purposes of promoting or
otherwise facilitating economic development;
and
``(B) includes community financial
institutions, as defined in section
7(a)(36)(A).
``(3) Eligible applicant.--The term `eligible
applicant' means--
``(A) an economic development organization;
``(B) an eligible entity, as defined in
section 7(j)(10)(K)(i)(II);
``(C) an SBA partner organization; or
``(D) any entity that provides support to
startups and small business concerns, as
determined by the Administrator.
``(4) Eligible small business concern.--The term
`eligible small business concern' means a business
concern that--
``(A) is organized or incorporated in the
United States;
``(B) is operating primarily in the United
States;
``(C) meets--
``(i) the applicable industry-based
size standard established under section
3; or
``(ii) the alternate size standard
applicable to the program under section
7(a) or the loan programs under title V
of the Small Business Investment Act of
1958;
``(D) is in the planning stages or has been
in business for not more than 5 years as of the
date on which assistance under this section
commences; and
``(E) is--
``(i) owned and controlled by 1 or
more members of an underrepresented
community; or
``(ii) a Native Entity, as defined in
section 7(j)(10)(K)(i).
``(5) Member of an underrepresented community.--The
term `member of an underrepresented community' means an
individual who is--
``(A) a resident of--
``(i) a low-income community, as
defined in section 45D(e) of the
Internal Revenue Code of 1986;
``(ii) a low-income rural community;
or
``(iii) a HUBZone, as defined in
section 31(b);
``(B) a member of an Indian or Alaska Native
tribe, band, nation, pueblo, village,
community, component band, or component
reservation, individually identified (including
parenthetically) in the most recent list
published pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of
1994;
``(C) an individual with a disability, as
defined in section 3 of the Americans with
Disabilities Act of 1990;
``(D) a veteran;
``(E) an individual who completed a term of
imprisonment; or
``(F) otherwise identified by the
Administrator.
``(6) SBA partner organization.--The term `SBA
partner organization' means any organization awarded
financial assistance in the form of a grant,
cooperative agreement, or contract for the purpose of
conducting a public project funded, either in whole or
in part, under a program of the Administration.
``(b) Authority.--The Administrator may provide financial
assistance on a competitive basis in the form of a grant,
prize, cooperative agreement, or contract for an eligible
applicant to provide the services of a business incubator to
eligible small business concerns.
``(c) Use of Funds.--An eligible applicant that receives
assistance under this section shall support areas that serve
members of an underrepresented community and provide services
that shall--
``(1) be carried out in such areas as to provide
maximum accessibility and benefits to the eligible
small business concerns that the project is intended to
serve; and
``(2) not impose or otherwise collect a fee or other
compensation from eligible small business concerns in
connection with such services.
``(d) One or More Business Incubators.--An eligible applicant
that receives financial assistance under this section may share
such assistance among one or more business incubators to expand
access to resources, information, and best practices.
``(e) Award Amount.--An award of financial assistance under
this section shall be for not more than $1,250,000 for each
fiscal year for which the award is granted.
``(f) Penalties for Failure to Abide by Terms or Conditions
of Award.--At the discretion of the Administrator and in
addition to any other civil or criminal consequences, the
Administrator shall withhold payments to an eligible applicant
or order the eligible applicant to return any assistance
provided under this section for failure to abide by the terms
and conditions of such assistance.''.
SEC. 100202. OFFICE OF NATIVE AMERICAN AFFAIRS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not otherwise
appropriated, $2,000,000 for each of fiscal years 2022 through
2031 for carrying out section 51 of the Small Business Act, as
added by subsection (b). Amounts appropriated by this
subsection shall remain available until September 30, 2031.
(b) Establishment.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended by inserting after section 50, as added by
section 10201 of this title, the following:
``SEC. 51. OFFICE OF NATIVE AMERICAN AFFAIRS.
``(a) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian Tribe' has the
meaning given in section 4 of the Indian Self-
Determination and Education Assistance Act.
``(2) Native american.--The term `Native American'
means a member of an Indian Tribe.
``(3) Native hawaiian organization.--The term `Native
Hawaiian Organization' has the meaning given in section
6207 of the Elementary and Secondary Education Act of
1965.
``(4) Resource partners.--The term `resource
partners' means--
``(A) small business development centers;
``(B) women's business centers described in
section 29;
``(C) chapters of the Service Corps of
Retired Executives established under section
8(b)(1)(B); and
``(D) Veteran Business Outreach Centers
described in section 32.
``(b) Establishment.--There is established in the
Administration an Office of Native American Affairs, in this
section referred to as the `Office', which shall provide
entrepreneurship outreach and development assistance to Native
Americans, Native Hawaiian Organizations and members thereof,
and Indian Tribes, through the Native American Outreach Program
established under subsection (c).
``(c) Native American Outreach Program.--
``(1) Establishment.--The Administrator shall
establish and administer a Native American Outreach
Program within the Office--
``(A) to ensure that small business concerns
owned and controlled by Native Americans,
Native Hawaiian Organizations, and Indian
Tribes, and Native American entrepreneurs have
access to programs and services of the
Administration;
``(B) to provide information to State, local,
and tribal governments and other interested
persons about Federal assistance available to
small business concerns owned and controlled by
Native Americans, Native Hawaiian
Organizations, and Indian Tribes, and Native
American entrepreneurs; and
``(C) to ensure access to in-person and
virtual counseling and training services to
small business concerns owned and controlled by
Native Americans, Native Hawaiian
Organizations, and Indian Tribes, and Native
American entrepreneurs.
``(2) Services.--The services described in paragraph
(1) shall include--
``(A) financial education on applying for and
securing credit, loan guarantees, surety bonds,
and investment capital, managing financial
operations, and preparing and presenting
financial statements and business plans;
``(B) education on management of a small
business concern, including planning,
organizing, staffing, and marketing;
``(C) identifying domestic and international
market opportunities; and
``(D) implementing economic and business
development strategies to improve long-term job
growth.''.
SEC. 100203. OFFICE OF RURAL AFFAIRS.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not
otherwise appropriated, $2,000,000 for each of fiscal
years 2022 through 2031 for carrying out this section.
Amounts appropriated by this subsection shall remain
available until September 30, 2031.
(2) Set aside.--Of the amounts made available under
this subsection for a fiscal year, not more than 15
percent shall be available for administrative expenses
related to carrying out this section.
(b) Office of Rural Affairs.--Section 26 of the Small
Business Act (15 U.S.C. 653) is amended by adding at the end
the following:
``(d) Rural Small Business Conferences.--
``(1) In general.--The Office shall administer 1 or
more annual Rural Small Business Conferences, to be
held in various regions of the United States. The
purpose of such Conferences shall be to--
``(A) promote policies and programs of the
Administration specific to small business
concerns located in rural areas, and make
publicly available information about such
policies and programs;
``(B) coordinate with all offices of the
Administration, resource partners, lenders, and
other interested persons to ensure that the
needs of small business concerns located in
rural area are being met; and
``(C) analyze data on the effectiveness of
programs of the Administration that benefit
small business concerns located in rural
areas.''.
SEC. 100204. OFFICE OF EMERGING MARKETS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not otherwise
appropriated, $2,000,000 for each of fiscal years 2022 through
2031 for carrying out subsection (o) of section 7 of the Small
Business Act (15 U.S.C. 636), as added by subsection (b).
Amounts appropriated by this subsection shall remain available
until September 30, 2031.
(b) Establishment.--Section 7 of the Small Business Act (15
U.S.C. 636) is amended by adding at the end the following:
``(o) Office of Emerging Markets.--
``(1) Definitions.--In this subsection--
``(A) the term `Director' means the Director
of the Office of Emerging Markets;
``(B) the term `microloan program' means the
program described in subsection (m);
``(C) the term `small business concern in an
emerging market' means a small business
concern--
``(i) that is located in--
``(I) a low-income or
moderate-income area for
purposes of the Community
Development Block Grant Program
under title I of the Housing
and Community Development Act
of 1974; or
``(II) a HUBZone, as that
term is defined in section
31(b);
``(ii) that is growing, newly
established, or a startup;
``(iii) owned and controlled by
veterans;
``(iv) owned and controlled by
individuals with a disability, as
defined in section 3 of the Americans
with Disabilities Act of 1990; or
``(v) owned and controlled by other
individuals or groups identified by the
Administrator.
``(2) Establishment.--There is established within the
Office of Capital Access of the Administration an
office to be known as the `Office of Emerging Markets',
which shall be responsible for the planning,
coordination, implementation, evaluation, and
improvement of the efforts of the Administrator to
enhance the economic well-being of small business
concerns in an emerging market.
``(3) Administration.--The Office of Emerging Markets
shall be administered by a Director, who shall--
``(A) create and implement strategies and
programs that provide an integrated approach to
the development of small business concerns in
an emerging market;
``(B) review the effectiveness and impact of
access to capital programs (including the
microloan program) of the Administration and
recommend policies on such programs with
respect to small business concerns in an
emerging market;
``(C) coordinate with the Office of
Entrepreneurial Development and the Office of
Veterans Business Development of the
Administration to establish partnerships to
advance the goal of improving the economic
success of small business concerns in an
emerging market;
``(D) consult with the Associate
Administrator of the Office of Field
Operations; and
``(E) coordinate the activities of--
``(i) the SBIC Working Group
established under section 10404 of the
Act to provide for reconciliation
pursuant to title II of S. Con. Res.
14;
``(ii) the Office of Native American
Affairs established under section 51;
and
``(iii) the Office of Rural Affairs
established under section 26.''.
SEC. 100205. STATE TRADE EXPANSION PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the Small Business Administration, out of any
money in the Treasury not otherwise appropriated, $30,000,000
for each of fiscal years 2022 through 2025 for carrying out
section 22(l) of the Small Business Act (15 U.S.C. 649(l)).
Amounts appropriated by this subsection shall remain available
for 3 fiscal years.
Subtitle C--Encouraging Small Businesses to Fully Engage in the
Innovation Economy
SEC. 100301. GROWTH ACCELERATOR COMPETITION.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated,
$400,000,000, to remain available until September 30,
2031, for carrying out section 52 of the Small Business
Act, as added by subsection (b).
(2) Set aside.--Of the amounts made available under
this subsection for a fiscal year, not more than 5
percent shall be available for administrative expenses
related to carrying out this section.
(b) In General.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended by inserting after section 51, as added by
section 10202 of this title, the following:
``SEC. 52. GROWTH ACCELERATOR COMPETITION.
``(a) Definitions.--In this section:
``(1) Award.--The term `award' means a grant, prize,
contract, cooperative agreement, or other cash or cash
equivalent (as determined by the Administrator).
``(2) Disability.--The term `disability' has the
meaning given the term in section 3 of the Americans
with Disabilities Act of 1990.
``(3) Eligible entity.--The term `eligible entity'
means--
``(A) an eligible entity, as defined in
section 49; or
``(B) an organization that is a growth
accelerator located in the United States.
``(4) Growth accelerator.--The term `growth
accelerator' means an organization that--
``(A) supports new small business concerns
that have a focus on technology, research, and
development;
``(B) frequently provides, but is not
exclusively designed to provide, seed
investment in exchange for a small amount of
equity;
``(C) works with a new small business concern
for a predetermined amount of time;
``(D) provides mentorship and instruction to
small business concerns to scale businesses; or
``(E) offers startup capital or the
opportunity to raise capital from outside
investors.
``(5) New small business concern.--The term `new
small business concern' means a small business concern
that has been in operation for not more than 5 years.
``(b) Establishment.--The Administrator shall make
competitive awards of not less than $100,000 to eligible
entities to accelerate the growth of new small business
concerns by providing--
``(1) assistance to small business concerns with
accessing capital and finding mentors and networking
opportunities; and
``(2) advice to small business concerns, including
advising on market analysis, company strategy, revenue
growth, commercialization, and securing funding.
``(c) Use of Funds.--An award under this section--
``(1) may be used by an eligible entity for
construction costs, acquisition of physical workspace
and facilities, and programmatic purposes to benefit
new small business concerns; and
``(2) may not be used by an eligible entity to
provide capital to new small business concerns directly
or through the subaward of funds.
``(d) Application.--In making awards under this section, the
Administrator shall establish an application process and
selection criteria, which shall include--
``(1) assurances that the eligible entity will use
such award to provide assistance for not less than 5
new small business concerns each year;
``(2) if located within 20 miles of a minority
serving institution, proof of a referral or
programmatic relationship between the eligible entity
and such institution;
``(3) an assessment of the need for additional
assistance for new small business concerns in the
geographic area to be served by the eligible entity;
and
``(4) other criteria, as determined by the
Administrator.
``(e) Penalties for Failure to Abide by Terms or Conditions
of Award.--At the discretion of the Administrator and in
addition to any other civil or criminal consequences, the
Administrator shall withhold payments to an eligible entity or
order the eligible entity to return an award made under this
section for failure to abide by the terms and conditions of the
award.''.
SEC. 100302. BUILDING A NATIONAL INNOVATION SUPPORT ECOSYSTEM NETWORK.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, to remain
available until September 30, 2031, for carrying out
this section--
(A) $525,000,000 to carry out subsection
(c)(1) of this section; and
(B) $150,000,000 to carry out subsection
(c)(2) of this section.
(2) Set aside.--Of the amounts made available under
paragraph (1)(A) of this subsection for a fiscal year,
not more than 5 percent shall be available for
administrative expenses related to carrying out this
section.
(b) Definitions.--In this section:
(1) Business incubator.--The term ``business
incubator'' means an organization that--
(A) provides resources, which may include
physical workspace and facilities, to startups
and established small business concerns; and
(B) is designed to accelerate the growth and
success of businesses through a variety of
business support resources and services,
including--
(i) access to capital, business
education, and counseling;
(ii) networking opportunities;
(iii) mentorship opportunities; and
(iv) other services intended to aid
in developing a business.
(2) Economic development organization.--The term
``economic development organization'' means a regional,
State, tribal, or local organization established for
purposes of promoting or otherwise facilitating
economic development.
(3) Eligible applicant.--The term ``eligible
applicant'' means--
(A) an economic development organization;
(B) an eligible entity, as defined in section
7(j)(10)(K)(i) of the Small Business Act, as
added by section 100103;
(C) a business incubator;
(D) a growth accelerator;
(E) an SBA partner organization, as defined
in section 50 of the Small Business Act (as
added by section 10201 of this title); or
(F) any combination or collaboration of the
entities described in subparagraphs (A) through
(E).
(4) Eligible business.--The term ``eligible
business'' means any innovative startup seeking to--
(A) participate in the SBIR and STTR programs
described in section 9 of the Small Business
Act (15 U.S.C. 638); or
(B) otherwise develop, through research and
development, or commercialize advanced
technologies.
(5) Growth accelerator.--The term ``growth
accelerator'' has the meaning given the term in section
52 of the Small Business Act, as added by section 10301
of this title.
(6) Innovative startup.--The term ``innovative
startup'' means a science, technology, engineering, and
math entrepreneur or small business concern that--
(A) was founded or commenced a trade or
business not earlier than 5 years before
receiving assistance under this section; and
(B) has a primary focus on the development or
commercialization of advanced technologies.
(7) Member of an underrepresented community.--The
term ``member of an underrepresented community'' has
the meaning given in section 50 of the Small Business
Act, as added by section 10201 of this title.
(c) Establishment.--The Administrator shall--
(1) make grants or award prizes to, or enter into
contracts or cooperative agreements with, eligible
applicants to address the training, proposal
development, mentoring, partnering, coordinating,
networking, customer discovery, and business incubator
and growth accelerator needs of eligible businesses to
expand and accelerate the growth of eligible
businesses; and
(2) facilitate fellowships and internships in the
fields of science, technology, engineering, and
mathematics, prioritizing members of an
underrepresented community through partnerships with or
supplemental grants or awards to provide opportunities
at the undergraduate, graduate, and postdoctoral
levels.
Subtitle D--Increasing Equity Opportunities for Small Manufacturers
SEC. 100401. INCREASING EQUITY INVESTMENT BY THE SBIC PROGRAM.
(a) Venture Small Business Investment Company Facility.--
(1) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Administration
for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, to remain available until
September 30, 2031, $9,500,000,000, to be deposited
into the facility established under section 321 of the
Small Business Investment Act of 1958, as added by
paragraph (2).
(2) Establishment.--The Small Business Investment Act
of 1958 (15 U.S.C. 661 et seq.) is amended--
(A) in section 103 (15 U.S.C. 662)--
(i) in paragraph (9)(B)(iii)--
(I) in subclause (II), by
striking ``and'' at the end;
(II) in subclause (III), by
adding ``and'' at the end; and
(III) by adding at the end
the following:
``(IV) funds obtained from
any financial institution
identified under section
302(b);''; and
(ii) in paragraph (10)--
(I) in subparagraph (A), by
adding ``and'' at the end; and
(II) by striking
subparagraphs (B) and (C) and
inserting the following:
``(B) partnership interests purchased by the
Administration, as described in section 321.'';
(B) in section 302(a)(1) (15 U.S.C.
682(a)(1))--
(i) in subparagraph (A), by striking
``or'' at the end;
(ii) in subparagraph (B), by striking
the period at the end and inserting ``;
or''; and
(iii) by adding at the end the
following:
``(C) $20,000,000, adjusted every 5 years for
inflation, with respect to each licensee
participating in the facility under section
321.'';
(C) in section 303(b)(2)(B) (15 U.S.C.
683(b)(2)(B)), by striking ``$350,000,000'' and
inserting ``$400,000,000''; and
(D) in section 304--
``(e) Notwithstanding section 310(c)(6), a licensee under
section 321 may, subject to regulations to be issued by the
Administration, invest equity capital in investment funds
which--
``(1) are majority controlled by members of an
underrepresented community (as defined in section 50 of
the Small Business Act);
``(2) receive annual assistance provided by such
licensee; or
``(3) meet additional criteria as determined by the
Administration.''; and
(E) by adding at the end the following:
``SEC. 321. VENTURE SMALL BUSINESS INVESTMENT COMPANY FACILITY.
``(a) Definitions.--In this section:
``(1) Covered investments.--The term `covered
investments' means investments in--
``(A) infrastructure, including--
``(i) roads, bridges, and mass
transit;
``(ii) water supply and sewer;
``(iii) the electrical grid;
``(iv) broadband and
telecommunications;
``(v) clean energy; or
``(vi) child care and elder care;
``(B) manufacturing;
``(C) low-income communities, as that term is
defined in section 45D(e) of the Internal
Revenue Code of 1986;
``(D) HUBZones, as defined in section 31(b)
of the Small Business Act;
``(E) small business concerns owned and
controlled by a member of an Indian tribe
individually identified (including
parenthetically) in the most recent list
published pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of
1994;
``(F) small business concerns owned and
controlled by an individual with a disability,
as defined in section 3 of the Americans with
Disabilities Act of 1990;
``(G) small business concerns owned and
controlled by a veteran; or
``(H) small business concerns identified by
the Administrator as critical.
``(2) Facility.--The term `facility' means the
facility established under subsection (b).
``(3) Partnership interest.--The term `partnership
interest' means a limited partnership equity interest
in a licensee purchased and held by the Administration
under this section.
``(4) Venture small business investment company.--The
term `venture small business investment company' means
a private equity fund--
``(A) that makes early-stage venture capital
investments in small business concerns approved
to participate in the facility by the
Administration; and
``(B) for which 75 percent of total
financings shall be invested in covered
investments, of which not more than 33 percent
of such investments are in small business
concerns in infrastructure or manufacturing.
``(b) Establishment and Administration of Facility.--
``(1) In general.--The Administrator shall establish
and carry out a facility to purchase partnership
interests from venture small business investment
companies.
``(2) Administration.--The facility shall be
administered by the Administrator acting through the
Associate Administrator described in section 201.
``(3) Use of amounts.--The Administrator shall use
amounts deposited in the facility to purchase
partnership interests from venture small business
investment companies.
``(4) Bifurcation.--Losses to the Administration
under this section--
``(A) shall not be offset by fees or any
other charges on licenses not authorized by the
Administration;
``(B) shall be borne solely by the facility;
and
``(C) shall not be included in the
calculation of the subsidy rate under section
303(j).
``(c) Licensing Matters.--
``(1) In general.--A venture small business
investment company shall be licensed under section
301(c) and approved by the Administrator to issue
partnership interests.
``(2) Consideration.--In issuing a license under
paragraph (1), the Administrator shall take into
consideration investment risk through criteria set by
the Administrator.
``(d) Required Investments.--
``(1) In general.--Except as described in paragraph
(2), a venture small business investment company shall
invest solely in small business concerns.
``(2) Exception and waiver.--Notwithstanding section
310(c)(6) and subject to rules issued by the
Administrator, a venture small business investment
company may invest equity capital in venture capital
funds if--
``(A) such venture capital funds are majority
controlled by underrepresented individuals;
``(B) not less than 50 percent of total
capital of each such venture capital fund is
invested in covered investments; and
``(C) the venture small business investment
company provides annual assistance to the
venture capital fund.
``(e) Partnership Interests.--
``(1) In general.--The Administrator may, out of
amounts available in the facility, purchase partnership
interests as described in this subsection.
``(2) Issuance and purchase of partnership
interests.--
``(A) In general.--The Administrator may
purchase venture equity securities issued by a
venture small business investment company in an
amount that does not exceed the lesser of 100
percent of the private capital of the venture
small business investment company or a lesser
amount to be determined by the Administrator.
``(3) Partnership interest terms.--A partnership
interest purchased by the Administrator from a venture
small business investment company under this subsection
shall be subject to such restrictions and limitations
as the Administrator may determine.''.
(b) Emerging Managers Program.--
(1) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30,
2031, for carrying out this subsection.
(2) Establishment.--The Small Business Investment Act
of 1958 (15 U.S.C. 661 et seq.), as amended by
subsection (a), is further amended by adding at the end
the following:
``SEC. 322. EMERGING MANAGERS PROGRAM.
``(a) Definitions.--In this section:
``(1) Covered investments.--The term `covered
investments' has the meaning given in section 321.
``(2) Emerging manager company.--The term `emerging
manager company' means an investment management firm
that is focused on investing private equity that meets
not less than 2 of the following criteria:
``(A) The partners of the firm have--
``(i) an investment track record of
less than 10 years of combined
investment experience; or
``(ii) a documented record of
successful business experience.
``(B) The firm has a focus on underserved
markets.
``(C) The firm is not less than 50 percent
owned, managed, or controlled by members of an
underrepresented community (as defined in
section 50 of the Small Business Act).
``(b) Establishment.--The Administrator shall establish an
emerging managers program pursuant to which managers with
substantial experience in operating small business investment
companies may enter into a written agreement approved by the
Administrator to provide guidance and assistance to an
applicant for a license for a small business investment company
that is to be managed by an emerging manager company. The
manager with substantial experience may hold a minority
financial interest in the small business investment company
that is to be managed by an emerging manager company.
``(c) Licensing.--An applicant described in subsection (b)
shall apply with for a license under section 301(c) and shall--
``(1) have private capital not to exceed
$100,000,000;
``(2) be managed by not less than two individuals;
``(3) be a second generation fund or earlier; and
``(4) focus its investment strategy on covered
investments.
``(d) Waiver of Maximum Leverage.--The approval of a written
agreement under subsection (b) by the Administrator shall
operate as a waiver of the requirements of section 303(b)(2)(B)
to the extent that such section would otherwise apply.
``(e) Increased Leverage Maximum.--An existing small business
investment company that enters into a written agreement under
subsection (b) that is approved by the Administrator may
increase the maximum leverage cap of the company under section
303(b)(2)--
``(1) under subparagraph (A) of such section, with
respect to a single license, by not more than
$17,500,000; and
``(2) under subparagraph (B) of such section, with
respect to multiple licenses under common control, by
not more than $35,000,000.''.
SEC. 100402. MICROCAP SMALL BUSINESS INVESTMENT COMPANY LICENSE.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Administration for
fiscal year 2022, out of amounts in the Treasury not otherwise
appropriated, $40,000,000, to remain available until September
30, 2031, to carry out paragraph (5) of section 301(c) of the
Small Business Investment Act of 1958 (15 U.S.C. 681(c)), as
added by subsection (b).
(b) MicroCap Small Business Investment Company License.--
Section 301(c) of the Small Business Investment Act of 1958 (15
U.S.C. 681(c)) is amended by adding at the end the following:
``(5) Microcap small business investment company
license.--
``(A) In general.--The Administrator may
issue a number of licenses under this
subsection to applicants--
``(i) that do not satisfy the
qualification requirements under
paragraph (3)(A)(ii) to the extent that
such requirements relate to investment
experience and track record, including
any such requirements further set forth
in section 107.305 of title 13, Code of
Federal Regulations, or any successor
regulation;
``(ii) that would otherwise be issued
a license under this subsection, except
that the management of the applicant
does not satisfy the requirements under
paragraph (3)(A)(ii) to the extent that
such requirements relate to investment
experience and track record, including
any such requirements further set forth
in section 107.305 of title 13, Code of
Federal Regulations, or any successor
regulation;
``(iii) for which the fund managers
have--
``(I) a documented record of
successful business experience;
``(II) a record of business
management success; or
``(III) knowledge in the
particular industry or business
for which the applicant is
pursuing an investment
strategy; and
``(iv) that have demonstrated
appropriate qualifications for the
license, based on factors determined by
the Administrator.
``(B) Required investments.--The licensee
under this paragraph shall invest not less than
50 percent of the total financings of such
licensee in covered investments (as defined in
section 321), of which not more than 33 percent
of such investments are in small business
concerns in infrastructure or manufacturing.
``(C) Timing for issuance of license.--The
Administrator shall establish policies to
ensure the timely disposition and issuance of
licenses under this paragraph.
``(D) Leverage.--A company licensed pursuant
to this paragraph shall--
``(i) not be eligible to receive
leverage in an amount that is more than
$50,000,000; and
``(ii) be able to access leverage in
an amount that is not more than 200
percent of the private capital of the
applicant.
``(E) Investment committee.--If a company
licensed pursuant to this paragraph has
investment committee members or control persons
who are principals approved by the
Administration or control persons of licensed
small business investment companies not
licensed under this paragraph, such licensee or
licensees shall not be deemed to be under
common control with the company licensed
pursuant to this paragraph solely for the
purpose of section 303(b)(2)(B).
``(F) Fees.--In addition to the fees
authorized under sections 301(e) and 310(b),
the Administration may prescribe fees to be
paid by each company designated to operate
under this paragraph.''.
SEC. 100403. FUNDING FOR SBIC OUTREACH AND EDUCATION.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,500,000, to remain
available until September 30, 2031, for carrying out this
section.
(b) Outreach and Education.--The Administrator shall develop
and implement a program to promote to, conduct outreach to, and
educate prospective licensees on the licensing procedures and
other programs of small business investment companies under
title III of the Small Business Investment Act of 1958 (15
U.S.C. 681 et seq.).
SEC. 100404. SBIC WORKING GROUP.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,000,000, to remain
available until September 30, 2031, to carry out this section.
(b) Definitions.--In this section--
(1) the term ``covered Members'' means the Chair and
Ranking Member of--
(A) the Committee on Small Business and
Entrepreneurship of the Senate; and
(B) the Committee on Small Business of the
House of Representatives;
(2) the terms ``licensee'', ``small business
investment company'', and ``underlicensed State'' have
the meanings given those terms, respectively, in
section 103 of the Small Business Investment Act of
1958 (15 U.S.C. 662);
(3) the term ``low-income community'' has the meaning
given the term in section 45D(e) of the Internal
Revenue Code of 1986;
(4) the term ``member of an underrepresented
community'' has the meaning given in section 50 of the
Small Business Act, as added by section 10201 of this
title.
(5) the term ``underfinanced State'' means a State
that has below median financing, as determined by the
Administrator; and
(6) the term ``underserved community'' means--
(A) a HUBZone, as defined in section 31(b) of
the Small Business Act (15 U.S.C. 657a(b));
(B) a low-income community; or
(C) a low-income rural community.
(c) Establishment.--Not later than 90 days after the date on
which the covered Members are required to submit to the
Administrator a notification that the individuals selected by
the covered Members under paragraph (1) have accepted those
assignments, the Administrator shall establish a small business
investment company Working Group (referred to in this section
as the ``Working Group''), which shall--
(1) consist of--
(A) 4 representatives--
(i) among general partners of
licensees that have a demonstrated
record of investing in--
(I) low-income communities;
(II) businesses primarily
engaged in research and
development;
(III) manufacturers;
(IV) businesses primarily
owned or controlled by
individuals in underserved
communities before receiving
capital from the licensee; and
(V) low-income rural
communities; and
(ii) of whom--
(I) 1 shall be selected by
the Chair of the Committee on
Small Business and
Entrepreneurship of the Senate;
(II) 1 shall be selected by
the Ranking Member of the
Committee on Small Business and
Entrepreneurship of the Senate;
(III) 1 shall be selected by
the Chair of the Committee on
Small Business of the House of
Representatives; and
(IV) 1 shall be selected by
the Ranking Member of the
Committee on Small Business of
the House of Representatives;
(B) 4 representatives--
(i) from licensees, of whom 1 shall
be an owner of a small business
investment company or fund manager that
is located in--
(I) a low-income community;
(II) an underserved
community;
(III) a low-income rural
community; or
(IV) an underfinanced State;
and
(ii) of whom--
(I) 1 shall be selected by
the Chair of the Committee on
Small Business and
Entrepreneurship of the Senate;
(II) 1 shall be selected by
the Ranking Member of the
Committee on Small Business and
Entrepreneurship of the Senate;
(III) 1 shall be selected by
the Chair of the Committee on
Small Business of the House of
Representatives; and
(IV) 1 shall be selected by
the Ranking Member of the
Committee on Small Business of
the House of Representatives;
(C) the Associate Administrator for the
Office of Investment and Innovation of the
Administration, who shall--
(i) serve as the Chair of the Working
Group; and
(ii) select not more than 4
additional representatives from the
Office of Investment and Innovation of
the Administration to serve as
representatives of the Working Group;
and
(D) 4 representatives from the investment
industry or academia, or who are bank limited
partners, with expertise in developing and
monitoring interventions to expand the
investment industry, of whom--
(i) 1 shall be selected by the Chair
of the Committee on Small Business and
Entrepreneurship of the Senate;
(ii) 1 shall be selected by the
Ranking Member of the Committee on
Small Business and Entrepreneurship of
the Senate;
(iii) 1 shall be selected by the
Chair of the Committee on Small
Business of the House of
Representatives; and
(iv) 1 shall be selected by the
Ranking Member of the Committee on
Small Business of the House of
Representatives;
(2) develop recommendations regarding how the
Administrator could increase the number of--
(A) applicants to become small business
investment companies, with a focus on
management teams or companies located in--
(i) low-income communities;
(ii) underserved communities; and
(iii) low-income rural communities;
and
(B) investments made in underfinanced States;
(3) develop recommendations for incentives for small
business investment companies to--
(A) invest and locate in underlicensed States
and underfinanced States; and
(B) invest in small business concerns,
including those owned and controlled by members
of an underrepresented community, small
business concerns owned and controlled by
veterans, and small business concerns owned and
controlled by women; and
(4) develop recommendations for metrics of success,
and benchmarks for success, with respect to the goals
described in this section.
(d) Report.--Not later than 1 year after the date on which
the Administrator establishes the Working Group under
subsection (b), the Working Group shall submit to the Committee
on Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report that includes--
(1) the recommendations of the Working Group; and
(2) a recommended plan and timeline for implementing
the recommendations described in paragraph (1).
(e) Termination.--The Working Group shall terminate on the
date on which the Working Group submits the report required
under subsection (e).
Subtitle E--Increasing Access to Lending and Investment Capital
SEC. 100501. FUNDING FOR COMMUNITY ADVANTAGE LOAN PROGRAM.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available until
September 30, 2031--
(1) $281,000,000 for carrying out paragraph (38) of
section 7(a) of the Small Business Act (15 U.S.C.
636(a)), as added by subsection (b);
(2) $5,000,000 for carrying out subparagraph (F) of
such paragraph (38); and
(3) $314,000,000 for administrative expenses related
to carrying out such paragraph (38), including issuing
interim final rules.
(b) Establishment.--Section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) is amended by adding at the end the
following:
``(38) Community advantage loan program.--
``(A) Definitions.--In this paragraph--
``(i) the term `covered institution'
means--
``(I) a development company,
as defined in section 103 of
the Small Business Investment
Act of 1958, participating in
the loan program established
under title V of such Act;
``(II) a non-Federally
regulated entity certified as a
community development financial
institution under the Community
Development Banking and
Financial Institutions Act of
1994;
``(III) an intermediary, as
defined in subsection (m)(11),
that is a nonprofit
organization and is
participating in the microloan
program under subsection (m);
and
``(IV) an eligible
intermediary, as defined in
subsection (l)(1),
participating in the small
business intermediary lending
pilot program established under
subsection (l)(2);
``(ii) the term `existing business'
means a small business concern that has
been in existence for not less than 2
years on the date on which a loan is
made to the small business concern
under the program;
``(iii) the term `new business' means
a small business concern that has been
in existence for not more than 2 years
on the date on which a loan is made to
the small business concern under the
program;
``(iv) the term `program' means the
Community Advantage Loan Program
established under subparagraph (B);
``(v) the term `small business
concern in an underserved market' means
a small business concern--
``(I) that is located in--
``(aa) a low- to
moderate-income
community;
``(bb) a HUBZone, as
that term is defined in
section 31(b);
``(cc) a rural area;
or
``(dd) any area for
which a disaster
declaration or
determination described
in subparagraph (B),
(C), or (E) of
subsection (b)(2) has
been made that has not
terminated more than 2
years before the date
(or later, as
determined by the
Administrator) on which
a loan is made to such
concern under such
subsection, or in any
area for which a major
disaster described in
subsection (b)(2)(A)
has been declared, that
period shall be 5
years; or
``(II) that is a new
business;
``(III) owned and controlled
by veterans;
``(IV) owned and controlled
by an individual who has
completed a term of
imprisonment;
``(V) owned and controlled by
an individual with a
disability, as that term is
defined in section 3 of the
Americans with Disabilities Act
of 1990;
``(VI) owned and controlled
by a member of an Indian tribe
individually identified
(including parenthetically) in
the most recent list published
pursuant to section 104 of the
Federally Recognized Indian
Tribe List Act of 1994; or
``(VII) otherwise identified
by the Administrator.
``(B) Establishment.-- There is established a
Community Advantage Loan Program under which
the Administration may guarantee loans made by
covered institutions under this subsection,
including loans made to small business concerns
in underserved market
``(C) Requirement to make loans to
underserved markets.--Not less than 50 percent
of loans made by a covered institution under
the program shall consist of loans made to
small business concerns in an underserved
market.
``(D) Maximum loan amount.--
``(i) In general.--Except as provided
in clause (ii), the maximum loan amount
for a loan guaranteed under the program
is $250,000.
``(ii) Exceptions.--
``(I) Requested exception.--
``(aa) In general.--
Upon request by a
covered institution,
the Administrator may
approve a guarantee of
a loan under the
program that is more
than $250,000 and not
more than $350,000.
``(bb)
Notification.--As soon
as practicable and not
later than 14 business
days after receiving a
request under item
(aa), the
Administration shall--
``(AA) review
the request;
and
``(BB)
provide a
decision
regarding the
request to the
covered
institution
making the
loan.
``(II) Major disasters.--The
maximum loan amount for a loan
guaranteed under the program
that is made to a small
business concern located in an
area affected by a major
disaster described in
subsection (b)(2)(A) is
$350,000.
``(E) Interest rates.--The maximum interest
rate for a loan guaranteed under the program
shall not exceed the maximum interest rate, as
determined by the Administration, applicable to
other loans guaranteed under this subsection.
``(F) Training.--The Administrator shall
develop a training course and provide free or
low-cost training to covered institutions
making loans under the program.''.
SEC. 100502. FUNDING FOR CREDIT ENHANCEMENT AND SMALL DOLLAR LOAN
FUNDING.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available until
September 30, 2031--
(1) $3,365,000,000 to carry out paragraph (39) of
section 7(a) of the Small Business Act (15 U.S.C.
636(a)), as added by subsection (b); and
(2) $1,100,000,000 for administrative expenses
related to carrying out such paragraph (39), including
issuing interim final rules.
(b) Small Dollar Loan Funding.--Section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), as amended by section 10501,
is further amended--
(1) in paragraph (1)(A)(i), in the third sentence, by
striking ``; and'' and all that follows through the
period at the end and inserting a period;
(2) in paragraph (26), by inserting ``(except for
those collected under paragraph (39))'' after
``profits''; and
(3) by adding at the end the following:
``(39) Small dollar loan funding.--
``(A) Definitions.--In this paragraph:
``(i) Small government contractor.--
The term `small government contractor'
means a small business concern that is
performing a Government contract.
``(ii) Small manufacturer.--The term
`small manufacturer' means a small
business concern that is assigned a
North American Industry Classification
System code beginning with 31, 32, or
33 at the time at which the small
business concern receives loan under
this subsection.
``(B) Direct loans.--The Administrator is
authorized to originate and disburse direct
loans, including through partnerships with
third parties, to small business concerns.
``(C) Terms.--
``(i) Loan size.--Notwithstanding
paragraph (3)(C) of this subsection, a
loan made in accordance with this
paragraph shall be--
``(I) except as provided in
subclause (II), not more than
$150,000; or
``(II) not more than
$1,000,000, if the borrower is
a small manufacturer or a small
government contractor.
``(D) Fees.--With respect to each loan made
in accordance with this paragraph, the
Administrator, an authorized third party, or an
agent may--
``(i) impose, collect, retain, and
utilize fees, which may be charged to
the borrower, to cover any costs
associated with referring applications
or originating, making, underwriting,
disbursing, closing, servicing, or
liquidating the loan, including any
direct lending agent costs, other
program or contract costs, or other
agent administrative expenses;
``(ii) impose, collect, retain, and
use fees (including unused fees and
draw fees), which may be charged to the
borrower on loans for revolving lines
of credit; and
``(iii) pay third parties, including
direct lending agents and financial
institutions, with which the
Administration partners for assistance
in referring applicants or promoting,
originating, making, underwriting,
disbursing, closing, servicing, or
liquidating loans in accordance with
this paragraph on behalf of the
Administration.
``(E) Other terms.--
``(i) In general.--Not later than 90
days after the date of the enactment of
this paragraph, the Administrator shall
issue interim final rules relating to
the underwriting criteria, interest
rate, maturity, and other terms of a
loan made in accordance with this
paragraph and revising any other rules
necessary to carry out this paragraph.
``(ii) Repayment.--Not later than 90
days after the date of the enactment of
this paragraph, the Administrator shall
issue rules to allow reasonable
assurance of repayment of a loan made
in accordance with this paragraph,
including reasonable assurance of
repayment from the assets converting to
cash to be the sole and primary form of
repayment under this paragraph.''.
SEC. 100503. EXTENSION OF TEMPORARY FEE REDUCTIONS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000, to remain
available until September 30, 2026, for carrying out this
section.
(b) 7(a) Loan Program.--Section 326 of the Economic Aid to
Hard-Hit Small Businesses, Nonprofits, and Venues Act (title
III of division N of Public Law 116-260; 134 Stat. 2036; 15
U.S.C. 636 note) is amended--
(1) in subsection (a)(2), by striking ``October 1,
2021'' and inserting ``October 1, 2026''; and
(2) in subsection (b)(2), by striking ``October 1,
2021'' and inserting ``October 1, 2026''.
(c) Other Fees.--Section 327 of the Economic Aid to Hard-Hit
Small Businesses, Nonprofits, and Venues Act (title III of
division N of Public Law 116-260; 134 Stat. 2037; 15 U.S.C. 636
note) is amended--
(1) in subsection (a)(1), by striking ``September 30,
2021'' and inserting ``September 30, 2026''; and
(2) in subsection (b)(1), by striking ``September 30,
2021'' and inserting ``September 30, 2026''.
SEC. 100504. FUNDING FOR COOPERATIVES.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, to remain
available until September 30, 2031, for carrying out paragraph
(40) of section 7(a) of the Small Business Act (15 U.S.C.
636(a)), as added by subsection (b).
(b) Cooperative Lending Pilot.--Section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), as amended by section 10502,
is amended by adding at the end the following:
``(40) Cooperative lending pilot.--
``(A) Definitions.--In this paragraph:
``(i) Community financial
institution.--The term `community
financial institution' has the meaning
given in paragraph (36)(A);
``(ii) Cooperative.--The term
`cooperative'--
``(I) means an entity
determined by the Administrator
to be a cooperative; and
``(II) includes an entity
owned by employees or consumers
of the entity.
``(iii) Eligible employee-owned
business concern.--The term `eligible
employee-owned business concern'
means--
``(I) a cooperative in which
the employees of the
cooperative are eligible for
membership;
``(II) a qualified employee
trust; or
``(III) other employee-owned
entities as determined by the
Administrator.
``(iv) Pilot program.--The term
`pilot program' means the pilot program
established under subparagraph (B).
``(B) Establishment.--There is established a
pilot program under which the Administrator
shall guarantee loans (including loans made by
community financial institutions), without the
requirement of a personal or entity guarantee,
where such loans are made to cooperatives or
eligible employee-owned business concerns.
``(C) Termination.--The pilot program shall
terminate on the date that is 5 years after the
date of enactment of this paragraph.''.
(c) Delegated Lending Authority for Preferred Lenders.--
Section 5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7))
is amended by striking ``paragraph (15) or (35)'' and inserting
``paragraph (15), (35), or (40)''.
SEC. 100505. FUNDING FOR DIRECT DEBENTURES.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available until
September 30, 2031--
(1) $2,118,000,000 for carrying out subsection (j) of
section 503 of the Small Business Investment Act of
1958 (15 U.S.C. 697), as added by subsection (b); and
(2) $628,000,000 for administrative expenses related
to carrying out such subsection (j), including issuing
interim final rules.
(b) Direct Debentures.--Section 503 of the Small Business
Investment Act of 1958 (15 U.S.C. 697) is amended by adding at
the end the following:
``(j) Direct Debentures.--
``(1) Definitions.--In this subsection--
``(A) the term `direct debenture' means a
debenture guaranteed by the Administrator under
the authority under paragraph (2);
``(B) the term `eligible entity' means--
``(i) a small business concern in an
underserved market;
``(ii) a small government contractor;
or
``(iii) a small manufacturer;
``(C) the term `renewable energy equipment'--
``(i) means such equipment as the
Administrator may designate as
renewable energy equipment; and
``(ii) includes solar panels, wind
turbines, and battery storage;
``(D) the term `small business concern in an
underserved market' has the meaning given in
section 7(a)(38) of the Small Business Act;
``(E) the term `small government contractor'
means a small business concern that is
performing a government contract; and
``(F) the term `small manufacturer' means a
small business concern that is assigned a North
American Industry Classification System code
beginning with 31, 32, or 33 at the time at
which the small business concern receives loan
under this subsection.
``(2) Authority.--Except as otherwise provided in
this subsection, the Administrator may guarantee the
timely payment of all principal and interest as
scheduled under this subsection on a debenture issued
by any qualified State or local development company
under the same terms, conditions, and processes as a
guarantee made under the authority under subsection
(a)(1).
``(3) Use of proceeds.--The proceeds of a direct
debenture--
``(A) for a small business concern that is an
eligible entity, may be used for any purpose
for which a loan under section 502 may be used,
including to acquire renewable energy equipment
and for working capital; and
``(B) for a small business concern that is
not an eligible entity, may be used to acquire
renewable energy equipment.
``(4) Maximum loan amount.--
``(A) In general.--A direct debenture shall
be in an amount not more than $6,500,000.
``(B) Cost of project.--The amount of the
proceeds of a direct debenture may not exceed
the amount equal to 100 percent of the cost of
the project for which the proceeds are to be
used.
``(5) Criteria for assistance.--
``(A) No community injection funds
required.--Compliance with subparagraph (B) of
section 502(a)(3) shall not be required for a
direct debenture.
``(B) Funding from small business concern.--A
small business concern receiving funds under a
direct debenture--
``(i) for a direct debenture used for
working capital, is not required to
provide funds toward the total cost of
the project financed;
``(ii) for a direct debenture used
for renewable energy equipment, may
provide not more than 10 percent of the
total cost of the project financed; and
``(iii) for a direct debenture used
for any other eligible purpose, shall
provide not less than 5 percent of the
total cost of the project financed.
``(6) Fees.--With respect to each debenture made in
accordance with this paragraph, in addition to other
fees authorized under this section, the Administrator,
an authorized third party, or an agent may--
``(A) impose, collect, retain, and utilize
fees, which shall be charged to the borrower,
to cover any costs associated with referring
applications or originating, underwriting,
making, disbursing, closing, and servicing, or
liquidating the loan, including any central
servicing agent costs, other program or
contract costs, or other agent administrative
expenses;
``(B) impose, collect, retain, and use fees
(including unused fees and draw fees), which
may be charged to the borrower on loans for
revolving lines of credit; and
``(C) establish fees that may be charged by
interim lenders for interim financing provided
in connection with a direct debenture,
including for assistance in referring
applicants or promoting, originating, making,
underwriting, disbursing, closing, servicing,
or liquidating loans in accordance with this
paragraph on behalf of the Administration.
``(7) Interim financing.--Nothing in this subsection
shall be construed to restrict the ability of a State
or local development company to use a third party
lender or another lender to provide interim financing
for all project costs except the borrower's
contribution, in accordance with section 120.890 of
title 13, Code of Federal Regulations, or any successor
thereto, in connection with providing a direct
debenture to a small business concern.
``(8) Other terms.--
``(A) In general.--Not later than 90 days
after the date of the enactment of this
paragraph, the Administrator shall issue
interim final rules relating to the
underwriting criteria, interest rate, maturity,
collateral, servicing, and other terms or
project requirements of a direct debenture made
in accordance with this subsection and revising
any other rules necessary to carry out this
subsection.
``(B) Repayment.--Not later than 90 days
after the date of the enactment of this
subsection, the Administrator shall issue rules
to allow reasonable assurance of repayment of a
direct debenture, including reasonable
assurance of repayment from the assets
converting to cash to be the primary form of
repayment under this subsection.''.
(c) Calculation of Job Creation Requirement.--Section
501(e)(4) of the Small Business Investment Act of 1958 (15
U.S.C. 695(e)(4)) is amended to read as follows:
``(4) Loans for projects of small manufacturers and direct
debenture loans under section 503(j) shall be excluded from
calculations under paragraph (2) or (3) of this subsection.''.
Subtitle F--Supporting Entrepreneurial Second Chances
SEC. 100601. REENTRY ENTREPRENEURSHIP COUNSELING AND TRAINING FOR
INCARCERATED AND FORMERLY INCARCERATED INDIVIDUALS.
(a) Reentry Entrepreneurship Counseling and Training for
Incarcerated Individuals.--
(1) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not
otherwise appropriated $5,000,000 for each of fiscal
years 2022 through 2028 to carry out section 53 of the
Small Business Act, as added by paragraph (2). Amounts
appropriated by this subsection shall remain available
for 3 fiscal years.
(2) In general.--The Small Business Act (15 U.S.C.
631 et seq.) is amended by inserting after section 52,
as added by section 10301 of this title, the following:
``SEC. 53. REENTRY ENTREPRENEURSHIP COUNSELING AND TRAINING FOR
INCARCERATED INDIVIDUALS.
``(a) Definitions.--In this section:
``(1) Covered individual.--The term `covered
individual' means an individual who is completing a
term of imprisonment in a facility designated as a
minimum, low, or medium security.
``(2) Resource partners.--The term `resource
partners' means a small business development center
(defined in section 3) or a women's business center
(described under section 29).
``(b) Establishment.--The Administrator shall coordinate with
resource partners and associations formed to pursue matters of
common concern to resource partners to provide entrepreneurship
counseling and training services to covered individuals
pursuant to subsection (c).
``(c) Use of Funds.--Amounts made available under this
section shall be used to--
``(1) develop and deliver a curriculum, including
classroom instruction and in-depth training to develop
skills related to business planning and financial
literacy;
``(2) train mentors and instructors;
``(3) establish public-private partnerships to
support covered individuals; and
``(4) identify opportunities to access capital.''.
(b) Reentry Entrepreneurship Counseling and Training for
Formerly Incarcerated Individuals.--
(1) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not
otherwise appropriated $5,000,000, for each of fiscal
years 2022 through 2028 to carry out section 54 of the
Small Business Act, as added by paragraph (2). Amounts
appropriated by this subsection shall remain available
for 3 fiscal years.
(2) In general.--The Small Business Act (15 U.S.C.
631 et seq.) is amended by inserting after section 53,
as added by subsection (a), the following:
``SEC. 54. REENTRY ENTREPRENEURSHIP COUNSELING AND TRAINING FOR
FORMERLY INCARCERATED INDIVIDUALS.
``(a) Covered Individual Defined.--In this section, the term
`covered individual' means an individual who completed a term
of imprisonment.
``(b) Establishment.--The Administrator shall establish a
program under which the Service Corps of Retired Executives
authorized by section 8(b)(1)(B) shall provide entrepreneurship
counseling and training services to covered individuals on a
nationwide basis.
``(c) Use of Funds.--Amounts made available under this
section shall be used by the Service Corps of Retired
Executives for providing to covered individuals the following
services:
``(1) Regular individualized mentoring sessions to
identify and support development of the business plans
of covered individuals.
``(2) Workshops on topics specifically tailored to
meet the needs of covered individuals.
``(3) Instructional videos designed specifically for
covered individuals on how to start or expand a small
business concern.''.
SEC. 100602. NEW START ENTREPRENEURIAL DEVELOPMENT PROGRAM FOR FORMERLY
INCARCERATED INDIVIDUALS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not otherwise
appropriated, $5,000,000, for each of fiscal years 2022 through
2028 for carrying out this section. Amounts appropriated by
this subsection shall remain available for 3 fiscal years.
(b) Definitions.--In this section--
(1) Covered individual.--The term ``covered
individual'' means an individual who--
(A) completed a term of imprisonment; and
(B) meets the offense eligibility
requirements set forth in any applicable policy
notice or other guidance issued by the Small
Business Administration for the program
established under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)).
(2) Intermediary; microloan.--The terms
``intermediary'' and ``microloan'' have the meanings
given those terms, respectively, in section 7(m)(11) of
the Small Business Act (15 U.S.C. 636(m)(11)).
(3) Participating lender.--The term ``participating
lender'' means a participating lender described under
section 7(a) of the Small Business Act (15 U.S.C.
636(a)).
(4) Pilot program.--The term ``pilot program'' means
the pilot program established under subsection (b).
(5) Resource partner.--The term ``resource partner''
means--
(A) a small business development center
(defined in section 3 of the Small Business Act
(15 U.S.C. 632));
(B) a women's business center (described
under section 29 of such Act (15 U.S.C. 656));
(C) a chapter of the Service Corps of Retired
Executives (established under section
8(b)(1)(B) of such Act ((15 U.S.C.
637(b)(1)(B))); and
(D) a Veteran Business Outreach Center
(described under section 32 of such Act (15
U.S.C. 657b)).
(c) Establishment.--The Administrator shall establish a pilot
program to award grants to organizations, or partnerships of
organizations, to provide assistance to covered individuals
throughout the United States.
(d) Application.--
(1) In general.--An organization or partnership of
organizations desiring a grant under the pilot program
shall submit an application to the Administrator in
such form, in such manner, and containing such
information as the Administrator may reasonably
require.
(2) Contents.--An application submitted under
paragraph (1) shall--
(A) demonstrate that the applicant has a
partnership with, or is, an intermediary that
shall make microloans to covered individuals;
(B) demonstrate an ability to provide a full
range of entrepreneurial development
programming on an ongoing basis;
(C) include a plan for reaching covered
individuals, including by identifying
particular target populations within the
community in which a covered individual lives;
(D) include a plan to refer covered
individuals who have completed participation in
the pilot program to existing resource partners
and participating lenders;
(E) include a comprehensive plan for the use
of grant funds, including estimates for
administrative expenses and outreach costs; and
(F) any other requirements, as determined by
the Administrator.
(e) Matching Requirement.--
(1) In general.--As a condition of a grant provided
under the pilot program, the Administrator shall
require the recipient of the grant to contribute an
amount equal to 25 percent of the amount of the grant,
obtained solely from non-Federal sources.
(2) Form.--In addition to cash or other direct
funding, the contribution required under paragraph (1)
may include indirect costs or in-kind contributions
paid for under non-Federal programs.
Subtitle G--Other Matters
SEC. 100701. ADMINISTRATIVE EXPENSES.
(a) In General.--In addition to amounts otherwise available,
there is appropriated to the Administration for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $1,250,000,000, to remain available until
September 30, 2031, for administrative expenses related to
carrying out this title, except as otherwise provided in this
title.
(b) Rulemaking.--Using amounts made available under
subsection (a), not later than 30 days after the date of the
enactment of this Act, the Administrator may issue rules,
including interim final rules, as necessary to carry out this
title and the amendments made by this title.
(c) Recission.--With respect to amounts appropriated under
subsection (a)--
(1) the Secretary of the Treasury shall complete all
disbursements and remaining obligations before
September 30, 2031; and
(2) the unexpended balance of such amounts September
30, 2031, shall be rescinded and deposited into the
general fund of the Treasury.
SEC. 100702. OFFICE OF THE INSPECTOR GENERAL OF THE SMALL BUSINESS
ADMINISTRATION.
In addition to amounts otherwise available, there is
appropriated to the Office of the Inspector General of the
Small Business Administration for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $25,000,000,
to remain available until September 30, 2031, for audits,
investigations, and other oversight of projects and activities
carried out with funds made available by this title to the
Small Business Administration.
TITLE XI--COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
SEC. 110001. AFFORDABLE HOUSING ACCESS PROGRAM.
(a) In General.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any funds in
the Treasury not otherwise appropriated, $9,900,000,000, to
remain available until September 30, 2026, for competitive
grants to support access to affordable housing and the
enhancement of mobility for residents in disadvantaged
communities or neighborhoods, in persistent poverty
communities, or for low-income riders generally.
(b) Criteria and Process.--The Secretary of Housing and Urban
Development and the Administrator of the Federal Transit
Administration shall establish criteria and a process for the
allocation of funds made available under this section in a
manner to ensure that such funds support--
(1) access to affordable housing;
(2) enhanced mobility for residents and riders,
including those in disadvantaged communities and
neighborhoods, persistent poverty communities, or for
low-income riders generally; or
(3) other community benefits for residents of
disadvantaged communities or neighborhoods, persistent
poverty communities, or for low-income riders generally
identified by the Secretary and the Administrator
related to enhanced transit service, including--
(A) access to job and educational
opportunities;
(B) better connections to medical care; or
(C) enhanced access to grocery stores with
fresh foods to help eliminate food deserts.
(c) Administration of Funds.--Funds made available under this
section shall--
(1) be available to recipients and subrecipients
eligible under chapter 53 of title 49, United States
Code;
(2) after allocation, be administered by the
Administrator of the Federal Transit Administration--
(A) to recipients and subrecipients in urban
areas, as if such funds were provided under
section 5307 of title 49, United States Code;
(B) to recipients and subrecipients in rural
areas, as if such funds were provided under
section 5311 of such title;
(C) for any project activities related to the
acquisition of zero-emission buses or related
infrastructure, as if funds for such activities
were awarded under section 5339(c) of such
title;
(D) for any activities related to research
that supports efforts to reduce barriers to the
deployment of zero-emission transit vehicles in
disadvantaged communities or neighborhoods and
rural areas, including barriers related to the
cost of such vehicles, as if funds for such
activities were provided under section 5312 of
such title; or
(E) for any activities related to the
training and development of the transit
workforce that provides service to
disadvantaged communities or neighborhoods and
rural areas, including the creation of new
employment opportunities in the transit
industry for workers from such communities,
neighborhoods or areas, as if funds for such
activities were provided under section 5314 of
such title;
(3) not be subject to any restriction on the total
amount of funds available for implementation or
execution of programs authorized under section 5307,
5311, 5312, 5314, or 5339 of title 49, United States
Code;
(4) notwithstanding paragraph (1), be available for
grants for up to 100 percent of the net cost of a
project; and
(5) be expended in compliance with the requirements
of part 26 of title 49, Code of Federal Regulations.
(d) Eligible Activities.--Eligible activities for funds made
available under this section shall be--
(1) construction of a new fixed guideway capital
project;
(2) construction of a bus rapid transit project or a
corridor-based bus rapid transit project that utilizes
zero-emission vehicles, including costs related to the
acquisition of such vehicles and related charging or
fueling infrastructure, or a collection of such
projects;
(3) the establishment or expansion of high-frequency
bus service that utilizes zero-emission buses,
including costs related to the acquisition of such
vehicles and related charging or fueling
infrastructure, but does not have all of the features
of a bus rapid transit project or corridor-based bus
rapid transit project;
(4) an expansion of the service area or the frequency
of service of recipients or subrecipients under section
5311 of title 49, United States Code, which may include
operational expenses, including the provision of fare-
free or reduced-fare service, or the acquisition of
vehicles or infrastructure to expand service;
(5) notwithstanding subsection (a)(1) of section 5307
of such title, an expansion of the service area or the
frequency of service of recipients under such section,
which may include operational expenses, including the
provision of fare-free or reduced-fare service, or the
acquisition of zero-emission vehicles or infrastructure
to expand service;
(6) renovation or construction of facilities and
incidental expenses to continue or expand transit
service in disadvantaged communities or neighborhoods
or service that benefits low-income riders generally;
(7) research activities and capital expenses related
to research under section 5312 of such title that
support efforts to reduce barriers to the deployment of
zero-emission transit vehicles in disadvantaged
communities or neighborhoods and rural areas, including
barriers related to the cost of such vehicles;
(8) activities under section 5314 of such title that
support the training and development of the transit
workforce that provides service to disadvantaged
communities or neighborhoods and rural areas, including
the creation of new employment opportunities in the
transit industry for workers from such communities,
neighborhoods, or areas;
(9) additional assistance to project sponsors of new
fixed guideway capital projects, core capacity
improvement projects, or corridor-based bus rapid
transit projects not yet open to revenue service,
notwithstanding applicable requirements regarding
Government share of contributions toward net project
cost of the project or the share of contributions from
a program carried out by the Administrator of the
Federal Transit Administration, if--
(A) the applicant demonstrates that the
availability of funding under this section
provides additional support for access to
affordable housing and the enhancement of
mobility for residents in disadvantaged
communities or neighborhoods, persistent
poverty communities, or for low-income riders
generally in the service area of the recipient,
consistent with the purposes described in
subsection (b); and
(B) assistance under this paragraph does not
increase by more than 10 percentage points--
(i) the Government share of
contributions toward net project cost;
or
(ii) the Government share of
assistance from a program carried out
by the Administrator of the Federal
Transit Administration;
(10) fleet transition, route, or other public
transportation planning, including planning related to
economic development; or
(11) projects to upgrade the accessibility of bus or
rail public transportation services for persons with
disabilities, including individuals who use
wheelchairs, in disadvantaged communities or
neighborhoods.
(e) Administrative Expenses.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any funds in the Treasury not otherwise
appropriated, $100,000,000, to remain available until September
30, 2026, for the following:
(1) The costs of administering and overseeing the
implementation of this section.
(2) To make new awards or to increase prior awards to
provide technical assistance and capacity building for
eligible recipients or subrecipients under this
section.
SEC. 110002. COMMUNITY CLIMATE INCENTIVE GRANTS.
(a) Federal Highway Administration Appropriation.--In
addition to amounts otherwise available, there is appropriated
for fiscal year 2022, out of any funds in the Treasury not
otherwise appropriated, $50,000,000, to remain available until
September 30, 2026, to the Administrator of the Federal Highway
Administration--
(1) to establish a greenhouse gas performance measure
that requires States to set performance targets to
reduce greenhouse gas emissions;
(2) to establish an incentive structure to reward
States that demonstrate the most significant progress
towards achieving reductions in greenhouse gas
emissions;
(3) to establish consequences for States that do not
achieve reductions in greenhouse gas emissions;
(4) to issue guidance and regulations, and provide
technical assistance, as necessary to implement this
section; and
(5) from any remaining amounts after carrying out
paragraphs (1) through (4), for operations and
administration of the Federal Highway Administration.
(b) Grants to States.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any funds in the Treasury not otherwise appropriated,
$950,000,000, to remain available until September 30, 2026, to
the Administrator of the Federal Highway Administration, for
incentive grants for carbon reduction projects, to be awarded
to States that--
(1) qualify for a reward under the incentive
structure established by the Administrator under
subsection (a)(2); or
(2) have adopted carbon reduction strategies that
contribute to achieving net-zero greenhouse gas
emissions by 2050, and have incorporated such
strategies into the transportation plans required under
section 135 of title 23, United States Code.
(c) Grants to Other Eligible Entities.--In addition to
amounts otherwise available, there is appropriated for fiscal
year 2022, out of any funds in the Treasury not otherwise
appropriated, $3,000,000,000, to remain available until
September 30, 2026, to the Administrator of the Federal Highway
Administration for grants, to be awarded on a competitive
basis, for carbon reduction projects to eligible entities that
are not States.
(d) Use of Funds.--
(1) In general.--Funds made available under
subsections (b) and (c) shall be administered as if
made available under chapter 1 of title 23, United
States Code, and a project carried out under this
section shall be treated as a project on a Federal-aid
highway under such chapter.
(2) Grants to states.--Funds made available under
subsection (b) administered by or through a State
department of transportation shall be expended in
compliance with the requirements of part 26 of title
49, Code of Federal Regulations.
(e) Federal Share.--
(1) In general.--The Federal share for a recipient of
funds that is not a State under this section may be up
to 100 percent.
(2) States.--The Federal share for a recipient of
funds under this section that is a State shall be
determined in accordance with section 120 of title 23,
United States Code.
(f) Limitation.--Funds made available under this section
shall not--
(1) be subject to any restriction or limitation on
the total amount of funds available for implementation
or execution of programs authorized for Federal-aid
highways; and
(2) be used for projects that result in additional
through travel lanes for single occupant passenger
vehicles.
(g) Definitions.--In this section:
(1) Carbon reduction project.--A carbon reduction
project means a project that is eligible under title
23, United State Code, and that--
(A) will result in significant reductions in
greenhouse gas emissions related to a surface
transportation facility or project;
(B) provides zero-emission transportation
options;
(C) reduces dependence on single-occupant
vehicle trips; or
(D) advances carbon reduction strategies
adopted by an eligible entity that contribute
to achieving net-zero greenhouse gas emissions
by 2050.
(2) Eligible entity.--The term ``eligible entity''
means--
(A) a unit of local government;
(B) a political subdivision of a State;
(C) a territory;
(D) a metropolitan planning organization (as
defined in section 134 of title 23, United
States Code);
(E) a special purpose district or public
authority with a transportation function;
(F) a recipient of funds under section 202 of
title 23, United State Code; or
(G) a State.
(3) State.--The term ``State'' has the meaning given
the term in section 101 of title 23, United States
Code.
SEC. 110003. NEIGHBORHOOD ACCESS AND EQUITY GRANTS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any funds in
the Treasury not otherwise appropriated, $3,950,000,000, to
remain available until September 30, 2026, to the Administrator
of the Federal Highway Administration--
(1) for grants to eligible entities described in
subsection (b) to improve walkability, safety, and
affordable transportation access through construction
(as such term is defined in section 101 of title 23,
United States Code) of projects that are context
sensitive--
(A) to remove, remediate, or reuse a facility
described in subsection (c)(1);
(B) to replace a facility described in
subsection (c)(1) with a facility that is at-
grade or lower speed;
(C) to retrofit or cap a facility described
in subsection (c)(1);
(D) to build or improve complete streets,
multiuse trails, regional greenways, or active
transportation networks or spines; or
(E) to provide affordable access to essential
destinations, public spaces, or transportation
links and hubs;
(2) for mitigation grants to eligible entities
described in subsection (b) to remediate negative
impacts on the human or natural environment resulting
from a facility described in subsection (c)(2) in a
disadvantaged or underserved community, including
construction (as such term is defined in section 101 of
title 23, United States Code) of--
(A) noise barriers to reduce impacts
resulting from a facility described in
subsection (c)(2);
(B) technologies, infrastructure, and
activities to reduce surface transportation-
related air pollution, including greenhouse gas
emissions;
(C) infrastructure or protective features to
reduce or manage stormwater run-off resulting
from a facility described in subsection (c)(2),
including through natural infrastructure and
pervious, permeable, or porous pavement;
(D) infrastructure and natural features to
reduce, or to mitigate, urban heat island hot
spots in the transportation right of way or on
surface transportation facilities; or
(E) safety improvements for vulnerable road
users; and
(3) for grants to eligible entities described in
subsection (b) for planning and capacity building
activities in disadvantaged or underserved communities
to--
(A) identify, monitor, or assess local and
ambient air quality, emissions of
transportation greenhouse gases, hot spot areas
of extreme heat or elevated air pollution, gaps
in tree canopy coverage, or flood prone
locations;
(B) assess transportation equity or pollution
impacts and develop local anti-displacement
policies and community benefit agreements;
(C) conduct predevelopment activities for
projects eligible under this subsection;
(D) expand public participation in
transportation planning by individuals and
organizations in disadvantaged or underserved
communities; or
(E) administer or obtain technical assistance
related to activities described in this
subsection.
(b) Eligible Entities Described.--An eligible entity referred
to in subsection (a) is--
(1) a State (as such term is defined in section 101
of title 23, United States Code);
(2) a unit of local government;
(3) a political subdivision of a State (as such term
is defined in section 101 of title 23, United States
Code);
(4) a recipient of funds under section 202 of title
23, United States Code;
(5) a territory of the United States;
(6) a metropolitan planning organization (as defined
in section 134(b) of title 23, United States Code); or
(7) with respect to a grant described in subsection
(a)(3), in addition to an eligible entity described in
paragraphs (1) through (6), a nonprofit organization or
institution of higher education that has entered into a
partnership with an eligible entity described in
paragraphs (1) through (6).
(c) Facility Described.--A facility is--
(1) a surface transportation facility for which high
speeds, grade separation, or other design factors
create an obstacle to connectivity within a community;
or
(2) a surface transportation facility which is a
source of air pollution, noise, stormwater, or other
burden to a disadvantaged or underserved community.
(d) Local Technical Assistance.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any funds in the Treasury not otherwise
appropriated, $50,000,000, to remain available until September
30, 2026, to the Administrator of the Federal Highway
Administration for--
(1) guidance, technical assistance, templates,
training, or tools to facilitate efficient and
effective contracting, design, and project delivery by
units of local government;
(2) subgrants to units of local government to build
capacity of such local government to assume
responsibilities to deliver surface transportation
projects; and
(3) operations and administration of the Federal
Highway Administration.
(e) Use of Funds.--
(1) In general.--The Administrator shall provide
grants to eligible entities described in subsection (b)
that submit an application to the Administrator at such
time, in such manner, and containing such information
as the Administration requires.
(2) Minimum investment.--Not less than $1,580,000,000
of funds made available under subsection (a) shall be
distributed for projects in communities that--
(A) are economically disadvantaged, including
an underserved community or a community located
in an area of persistent poverty;
(B) have entered or will enter into a
community benefits agreement with
representatives of the community;
(C) have an anti-displacement policy, a
community land trust, or a community advisory
board in effect; or
(D) have demonstrated a plan for employing
local residents in the area impacted by the
activity or project proposed under this
section.
(f) Administration.--
(1) In general.--Amounts made available under
subsection (a) shall be administered as if made
available under chapter 1 of title 23, United States
Code, and a project carried out under this section
shall be treated as a project on a Federal-aid highway
under such chapter.
(2) Grants to states.--Funds made available under
subsection (a) administered by or through a State
department of transportation shall be expended in
compliance with the requirements of part 26 of title
49, Code of Federal Regulations.
(g) Cost Share.--The Federal share of the cost of an activity
carried out using a grant awarded under this section shall be
not more than 80 percent, except that the Federal share of the
cost of a project in a disadvantaged or underserved community
may be up to 100 percent.
(h) Limitations.--Funds made available under this section
shall not--
(1) be subject to any restriction or limitation on
the total amount of funds available for implementation
or execution of programs authorized for Federal-aid
highways; and
(2) be used for a project for additional through
travel lanes for single-occupant passenger vehicles.
SEC. 110004. FEDERAL HIGHWAY ADMINISTRATION SECTION 202 FUNDS.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of
any funds in the Treasury not otherwise appropriated,
$1,000,000,000, to remain available until September 30, 2026,
to the Administrator of the Federal Highway Administration for
the purposes described under section 202 of title 23, United
States Code.
(b) Distribution of Funds.--The Administrator of the Federal
Highway Administration shall administer amounts made available
under subsection (a) as if allocated under section 202 of title
23, United States Code.
(c) Limitation.--Funds made available under this section
shall not be subject to any restriction or limitation on the
total amount of funds available for implementation or execution
of programs authorized for Federal-aid highways.
SEC. 110005. TERRITORIAL HIGHWAY PROGRAM FUNDING.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of
any funds in the Treasury not otherwise appropriated,
$320,000,000, to remain available until September 30, 2026, to
the Administrator of the Federal Highway Administration for the
purposes described under section 165(c) of title 23, United
States Code.
(b) Administration of Funds.--The Administrator of the
Federal Highway Administration shall administer amounts made
available under subsection (a) as if allocated under section
165(c) of title 23, United States Code.
(c) Limitation.--Funds made available under this section
shall not be subject to any restriction or limitation on the
total amount of funds available for implementation or execution
of programs authorized for Federal-aid highways.
SEC. 110006. TRAFFIC SAFETY CLEARINGHOUSE.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of
any funds in the Treasury not otherwise appropriated,
$100,000,000 to remain available until September 30, 2026, for
the Administrator of the National Highway Traffic Safety
Administration to make 1 or more grants, cooperative
agreements, or contracts with 1 or more qualified institutions
to--
(1) operate a national clearinghouse for fair and
equitable traffic safety enforcement programs;
(2) research and develop systems for States to
collect traffic safety enforcement data and provide
technical assistance to States collecting such data,
including the sharing of data to a national database;
(3) develop recommendations and best practices to
help States collect and use traffic safety enforcement
data to promote equity and reduce traffic-related
fatalities and injuries; and
(4) develop information and educational programs on
implementing equitable traffic safety enforcement best
practices to assist States and local communities.
(b) Administration.--Not more than 5 percent of the amounts
made available under this section may be used for salaries,
expenses, and administration of the National Highway Traffic
Safety Administration.
SEC. 110007. AUTOMATED VEHICLES AND MOBILITY INNOVATION.
In addition to amounts otherwise made available, there is
appropriated for fiscal year 2022, out of any funds in the
Treasury not otherwise appropriated, $8,000,000, to remain
available until September 30, 2026, to the Secretary of
Transportation to make a grant to a qualified institution of
higher education to--
(1) operate a national highly automated vehicle and
mobility innovation clearinghouse;
(2) collect, conduct, and support research on the
secondary and societal impacts of highly automated
vehicles and mobility innovation on the built
environment; and
(3) disseminate and make such research available on a
public website to assist communities.
SEC. 110008. LOCAL TRANSPORTATION PRIORITIES.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated to the Secretary of
Transportation for fiscal year 2022, out of any funds in the
Treasury not otherwise appropriated, $6,000,000,000 to remain
available until September 30, 2026, for projects to advance
local surface transportation priorities.
(b) Davis Bacon Requirement.--
(1) In general.--All laborers and mechanics employed
by contractors or subcontractors in the performance of
construction, alteration, or repair work carried out,
in whole or in part, with assistance made available
under this section shall be paid wages at rates not
less than those prevailing on projects of a character
similar in the locality as determined by the Secretary
of Labor in accordance with subchapter IV of chapter 31
of title 40, United States Code.
(2) Authority and functions.--With respect to the
labor standards specified in this subsection, the
Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145
of title 40, United States Code.
SEC. 110009. PASSENGER RAIL IMPROVEMENT, MODERNIZATION, AND EMISSIONS
REDUCTION GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Transportation for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $10,000,000,000, to remain
available until September 30, 2026, for financial assistance
under chapter 261 of title 49, United States Code, to eligible
entities for eligible projects.
(b) Allocation.--Of the funds provided pursuant to subsection
(a), not less than 10 percent shall be used for eligible
projects as described under subsection (e)(1)(A).
(c) Federal Share.--For any financial assistance provided
pursuant to this section, the Federal share may not exceed 90
percent of the total cost of the eligible project.
(d) Oversight.--Not more than 1 percent of the amounts made
available under subsection (a) shall be for the use of the
Secretary of Transportation for the costs of award and project
management of financial assistance provided under this section.
(e) Definitions.--In this section:
(1) Eligible project.--The term ``eligible project''
means--
(A) a planning project for high-speed rail
corridor development that consists of planning
activities eligible to receive financial
assistance under section 26101(b) of title 49,
United States Code; or
(B) a capital project for high-speed rail
corridor development that--
(i) directly serves rail stations
within urban areas, as published by the
Bureau of the Census, that are located
in close proximity to a census tract,
as published by the Bureau of the
Census, within the urban area that has
a greater population density than the
urban area as a whole; and
(ii) is eligible to receive financial
assistance for a capital project, as
defined in section 26106(b)(3) of title
49, United States Code.
(2) Eligible entity.--The term ``eligible entity''
means--
(A) an entity eligible to receive financial
assistance under section 26101 of title 49,
United States Code; or
(B) an applicant eligible to receive a grant
under section 26106 of title 49, United States
Code.
(3) High-speed rail.--The term ``high-speed rail''
means non-highway ground transportation that is owned
or operated by an eligible entity and reasonably
expected to reach speeds of 160 miles per hour or more
on shared-use right-of-way or 186 miles per hour or
more on dedicated right-of-way.
(4) Corridor.--The term ``corridor'' means an
existing, modified, or proposed intercity passenger
rail service, as defined in section 26106(b) of title
49, United States Code.
SEC. 110010. RAILROAD REHABILITATION INFRASTRUCTURE AND FINANCING
CREDIT RISK PREMIUM ASSISTANCE.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Transportation, out of any money in the Treasury not otherwise
appropriated, $150,000,000, in fiscal year 2022, to remain
available until September 30, 2026, to provide credit risk
premium assistance to eligible entities through the railroad
rehabilitation infrastructure and financing program established
by title V of the Railroad Revitalization and Regulatory Reform
Act of 1976.
(b) Eligible Entities.--For purposes of this section,
eligible entities shall include--
(1) railroad carriers as defined in section 20102 of
title 49, United States Code;
(2) State or local governments; or
(3) government-sponsored authorities or corporations.
(c) Allocation.--
(1) Public passenger rail projects.--Not less than 50
percent of the amounts appropriated under subsection
(a) shall be set aside for publicly owned or operated
passenger rail projects.
(2) Freight railroads.--Not less than 25 percent of
the amounts appropriated under subsection (a) shall be
set aside for freight railroads that are not Class I
railroads.
SEC. 110011. ALTERNATIVE FUEL AND LOW-EMISSION AVIATION TECHNOLOGY
PROGRAM.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$1,000,000,000, to remain available until September 30, 2026,
for the Secretary of Transportation to provide grants to, and
enter into cost-sharing agreements with, eligible entities to
carry out projects located in the United States that--
(1) develop, demonstrate, or apply low-emission
aviation technologies; or
(2) produce, transport, blend, or store sustainable
aviation fuels that would reduce greenhouse gas
emissions attributable to the operation of aircraft
that have fuel uplift in the United States.
(b) Selection.--In carrying out subsection (a), the Secretary
shall consider, with respect to a proposed project--
(1) the anticipated public benefits of the project;
(2) the potential to increase the domestic production
and deployment of sustainable aviation fuel or the use
of low-emission aviation technologies among the United
States commercial aviation and aerospace industry;
(3) the potential for creating new jobs in the United
States;
(4) the potential the project has to reduce or
displace, on a lifecycle basis, United States
greenhouse gas emissions associated with air travel;
(5) the proposed utilization of non-Federal cost-
share contributions;
(6) for projects related to the production of
sustainable aviation fuel, the potential net greenhouse
gas emissions impact of such fuel on a lifecycle basis,
which shall include feedstock, fuel production, and
potential direct and indirect greenhouse gas emissions
(including resulting from changes in land use);
(7) how the project will strengthen the leadership of
the United States in either sustainable aviation fuels
or in low-emission aviation technologies;
(8) the benefits of ensuring a diversity of
feedstocks for sustainable aviation fuel, including the
use of waste carbon oxides and direct air capture;
(9) the potential for partnerships with relevant
supply chain stakeholders for sustainable aviation
fuel;
(10) the potential to leverage existing industrial
infrastructure to accelerate the deployment of
sustainable aviation fuels;
(11) aeronautical construction and design
improvements that result in more efficient aircraft,
including new aircraft architectures, innovative
propulsion integration, and high-performance
lightweight materials;
(12) more efficient aircraft engines, including
innovative engine architectures, hybrid-electric
engines, and all-electric engines suitable for fully or
partially powering aircraft operations; and
(13) air traffic management and navigation
technologies that permit more efficient flight
patterns.
(c) Funding Distribution.--Of the amount made available under
subsection (a), 30 percent of such amount shall be awarded for
projects described in subsection (a)(1) and 70 percent of such
amount shall be awarded for projects described in subsection
(a)(2).
(d) Federal Cost Share.--The Secretary shall determine a
higher Federal share of project costs for any cost-share
agreement or grant awarded to any eligible recipient for a
project under subsection (a) that involves a low-emission
aviation technology that exceeds a 20 percent reduction in fuel
burn compared to current best in class aircraft or a
sustainable aviation fuel that substantially exceeds a 50
percent lifecycle greenhouse gas emission reduction compared to
conventional jet fuels.
(e) Program Requirements.--As a condition of receiving funds
under this section, the Secretary may approve an award under
this section only if the Secretary has received written
assurances from the recipient that--
(1) any low-emission aviation technology that is
funded or is part of a project funded by a grant under
subsection (a)(1) is produced in the United States;
(2) any sustainable aviation fuel that is part of a
project funded by a grant under subsection (a)(2) is--
(A) produced in the United States; and
(B) is not derived from feedstocks that are
developed through practices that threaten mass
deforestation, harm biodiversity, or otherwise
promote environmentally unsustainable
processes; and
(3) the recipient of grant funding has adequately
considered the environmental justice and equity impacts
of any project on underserved communities.
(f) Development Projects.--Section 47112(a) of title 49,
United States Code, is amended by inserting ``or labor for a
project funded under section 110011 of the Act entitled `An Act
to provide for reconciliation pursuant to title II of S. Con.
Res. 14''' after ``this subchapter''.
(g) Administrative Expenses.--The Secretary may retain up to
1 percent of the funds provided under this section to fund the
award of, and oversight by the Secretary of, grants made under
this section.
(h) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
means--
(A) a State or local government other than an
airport sponsor;
(B) an air carrier;
(C) an airport sponsor;
(D) an accredited institution of higher
education;
(E) a person or entity engaged in the
production, transportation, blending or storage
of sustainable aviation fuel or feedstocks that
could be used to produce sustainable aviation
fuel;
(F) a person or entity engaged in the
development, demonstration, or application of
low-emission aviation technologies; or
(G) nonprofit entities or nonprofit consortia
with experience in sustainable aviation fuel,
low-emission technology, or other clean
transportation research programs.
(2) Low-emission aviation technology.--The term
``low-emission aviation technology'' means technologies
that significantly--
(A) improve aircraft fuel efficiency;
(B) increase utilization of sustainable
aviation fuels; or
(C) reduce greenhouse gas emissions produced
during operation of civil aircraft.
(3) Sustainable aviation fuel.--The term
``sustainable aviation fuel'' means liquid fuel that--
(A) consists of synthesized hydrocarbons;
(B) meets the requirements of--
(i) ASTM International Standard
D7566; or
(ii) the co-processing provisions of
ASTM International Standard D1655,
Annex A1 (or such successor standard);
(C) is derived from biomass (as such term is
defined in section 45K(c)(3) of the Internal
Revenue Code of 1986), waste streams, renewable
energy sources or gaseous carbon oxides;
(D) is not derived from palm fatty acid
distillates; and
(E) achieves at least a 50 percent lifecycle
greenhouse gas emissions reduction in
comparison with petroleum-based jet fuel, as
determined by a test that shows--
(i) the fuel production pathway
achieves at least a 50 percent
reduction of the aggregate
attributional core lifecycle greenhouse
gas emissions and the induced land use
change values under the lifecycle
methodology for sustainable aviation
fuel adopted by the International Civil
Aviation Organization for the Carbon
Offsetting and Reduction Scheme for
International Aviation with the
agreement of the United States; or
(ii) the fuel production pathway
achieves at least a 50 percent
reduction of the aggregate
attributional core lifecycle greenhouse
gas emissions values under another
methodology that the Secretary, in
consultation with the Administrator of
the Environmental Protection Agency,
determines is--
(I) reflective of the latest
scientific understanding of
lifecycle greenhouse gas
emissions; and
(II) as stringent as the
requirement under clause (i).
(i) Time Limit for Adoption of New Sustainable Aviation Fuel
Emissions Reduction Test.--For purposes of clause (ii) of
subsection (h)(3)(E), the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall,
not later than 2 years after the date of the enactment of this
section, adopt at least 1 methodology for testing lifecycle
greenhouse gas emissions that meets the requirements of such
clause.
SEC. 110012. IMPLEMENTATION OF THE CARBON OFFSETTING AND REDUCTION
SCHEME FOR INTERNATIONAL AVIATION.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$6,000,000, to remain available until September 30, 2026, for
the Secretary of Transportation to ensure the United States
complies with its obligations with respect to volume IV of
annex 16 to the Convention on International Civil Aviation (61
Stat. 1180) (``Carbon Offsetting and Reduction Scheme for
International Aviation'', hereinafter ``CORSIA'').
(b) Regulations.--
(1) In general.--The Secretary shall issue
regulations with requirements to ensure the United
States complies with the obligations referenced in
subsection (a), including requirements for operators of
civil aircraft of the United States with respect to--
(A) monitoring, reporting, and verifying
quantities of carbon emissions covered under
the CORSIA, cancelling eligible emissions units
and reporting and verifying such cancellations,
and reporting use of CORSIA eligible fuels; and
(B) submission of such information as the
Secretary determines is necessary with respect
to implementation of the CORSIA.
(2) Standards and recommended practices.--Regulations
issued under this subsection shall be consistent with
applicable standards and recommended practices
published in volume IV of annex 16 to the Convention on
International Civil Aviation (61 Stat. 1180) and
associated implementation elements, adopted by the
International Civil Aviation Organization prior to
enactment of this Act, and any amendments or updates to
such standards and related documents with which the
United States concurs.
(c) Reports.--Not later than December 31, 2022, and every 3
years thereafter, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Technology of the Senate a report assessing the compliance of
operators of civil aircraft registered in the United States
with regulations issued under this section as well as the
standards and recommended practices referenced in subsection
(b)(2), as applicable.
SEC. 110013. ASSISTANCE TO UPDATE AND ENFORCE HAZARD RESISTANT CODES
AND STANDARDS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $291,000,000, to
remain available until expended, to the Administrator of the
Federal Emergency Management Agency to carry out activities
described in section 203(i) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(i)),
notwithstanding section 203(f)(2) of such Act (42 U.S.C.
5133(f)(2)), including for activities and grants that provide
technical assistance and capacity building for State, local,
Indian Tribal, or territorial governments for establishing,
implementing, and carrying out enforcement activities of the
latest published editions of relevant performance-based and
consensus-based codes, specifications, and standards that
incorporate hazard-resistant designs and the latest
requirements for the maintenance and inspection of existing
buildings to address hazard risk.
(b) Cost Share.--The Federal share of the assistance provided
in this section shall be 100 percent.
(c) Administration.--In addition to amounts made available
for administrative expenses under section 205(d)(2) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5135(d)(2)), there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise available,
$9,000,000 to the Administrator of the Federal Emergency
Management Agency, to remain available until expended, for
administration of this section.
SEC. 110014. HAZARD MITIGATION REVOLVING LOAN FUND.
(a) In General.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $495,000,000, to
remain available until expended, to the Administrator of the
Federal Emergency Management Agency for the establishment and
carrying out of hazard mitigation revolving loan fund grants
under section 205 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5135).
(b) Administration.--In addition to amounts made available
for administrative expenses under section 205(d)(2) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5135(d)(2)), there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise available,
$5,000,000 to the Administrator of the Federal Emergency
Management Agency, to remain available until expended, for
administration of this section.
SEC. 110015. UPGRADING PUBLIC ALERT AND WARNING.
(a) In General.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $24,000,000, to remain
available until September 30, 2024, to the Administrator of the
Federal Emergency Management Agency to upgrade the Integrated
Public Alert and Warning System for implementation of the Next
Generation Warning System.
(b) Assistance to Certain Entities.--In carrying out
subsection (a), the Administrator of the Federal Emergency
Management Agency is authorized to issue noncompetitive, risk-
informed financial assistance to public broadcasting entities,
as defined in section 397 of the Communications Act of 1934 (47
U.S.C. 397).
(c) Administration.--In addition to amounts made available
for administrative expenses under section 205(d)(2) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5135(d)(2)), there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise available,
$1,000,000 to the Administrator of the Federal Emergency
Management Agency, to remain available until September 30,
2026, for administration of this section.
SEC. 110016. FEDERAL ASSISTANCE FOR EMERGENCY MANAGERS.
(a) In General.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $412,000,000, to
remain available until expended, to the Administrator of the
Federal Emergency Management Agency for grants for
construction, retrofit, technological enhancement, and updated
requirements of State, local, Indian Tribal, and territorial
emergency operations centers under section 614 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c). A State may provide grant funds under this
subsection to local governments and Tribal governments to carry
out the activities for which such funds are provided.
(b) Administration.--In addition to amounts made available
for administrative expenses under section 205(d)(2) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5135(d)(2)), there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise available,
$13,000,000 to the Administrator of the Federal Emergency
Management Agency, to remain available until expended, for
administration of this section.
(c) Limitation.--The amount of a project under a grant
provided under this section may not exceed $4,000,000.
(d) Code Compliance.--In using funds under subsection (a), a
grant recipient shall act in compliance with the latest
published editions of relevant consensus-based codes,
specifications, and standards that incorporate the latest
hazard resistant designs and establish minimum acceptable
criteria for the design, construction, and maintenance of
structures and facilities for the purpose of protecting the
health, safety, and general welfare of the building users
against disasters.
SEC. 110017. FEMA PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $200,000,000, to remain
available until September 30, 2026, to the Administrator of the
Federal Emergency Management Agency for the construction,
renovation, retrofit, technological enhancement, and updated
requirements of Federal emergency training centers and Federal
emergency operations centers.
SEC. 110018. ECONOMIC DEVELOPMENT ADMINISTRATION.
(a) Economic Development Assistance for Regional Economic
Growth Clusters.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $4,000,000,000, to
remain available until September 30, 2027, to the Secretary of
Commerce for grants under section 209 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3149) to develop
regional economic growth clusters, subject to the condition
that sections 204 and 301 of such Act (42 U.S.C. 3144 and 3161)
shall not apply to grants made with amounts made available
under this subsection.
(b) Economic Adjustment Assistance.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $1,000,000,000, to remain available until
September 30, 2027, to the Secretary of Commerce for economic
adjustment assistance as authorized by section 209 of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3149), of which--
(1) $500,000,000 shall be to provide assistance to
energy and industrial transition communities, including
coal, oil and gas, and nuclear transition communities;
and
(2) $50,000,000 shall be to provide grants for
project predevelopment and capacity building
activities, including activities relating to the
writing of grant applications (consistent with section
213 of such Act (42 U.S.C. 3153)) and stipends to local
community organizations for planning participation,
community outreach and engagement activities, subject
to the conditions that--
(A) sections 204 and 301 of such Act (42
U.S.C. 3144 and 3161) shall not apply to grants
made with amounts made available under this
paragraph; and
(B) not less than 50 percent of the amounts
made available under this paragraph shall be
for activities that are carried out in
underserved communities.
(c) Grants for Public Works and Economic Development.--In
addition to amounts otherwise available, there is appropriated
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $500,000,000, to remain available until
September 30, 2027, to the Secretary of Commerce for public
works projects as authorized by section 201 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3141).
(d) Administration.--Not more than 3 percent of the amounts
made available under this section shall be used for the
administrative costs of carrying out this section.
SEC. 110019. RECOMPETE PILOT PROGRAM.
(a) Economic Development Administration Appropriation.--In
addition to amounts otherwise available, there is appropriated
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $4,000,000,000, to remain available
until September 30, 2031, to the Department of Commerce for
economic adjustment assistance as authorized by section 209 of
the Public Works and Economic Development Act of 1965 (42
U.S.C. 3149) to establish a pilot program, to be known as the
``Recompete Pilot Program'', to provide grants to specified
entities to carry out activities in eligible areas and Tribal
lands for which a specified entity has jurisdiction or
otherwise serves to support local labor markets, local
communities, and Tribal governments to alleviate persistent
economic distress and labor market dislocation, except that
sections 204 and 301 of such Act shall not apply to a grant
provided under this section.
(b) Term.--A grant shall have a term of 10 fiscal years and
be disbursed at such time and in such manner as determined by
the Secretary of Commerce in accordance with benchmarking
requirements established by the Secretary.
(c) Use of Funds.--Of the funds provided by this section--
(1) not less than $3,855,000,000 shall be used for
grants to be awarded to at least 15 specified entities
representing eligible areas to carry out activities
described in a recompete plan approved by the Secretary
of Commerce;
(2) not more than $25,000,000 may be used for
planning and technical assistance grants to be awarded
to not more than 50 specified entities representing
eligible areas to develop a recompete plan and carry
out predevelopment activities; and
(3) not more than 3 percent shall be used for the
administrative costs of carrying out this section.
(d) Limitations.--
(1) Eligible areas.--An eligible area may not benefit
from more than 1 grant and 1 grant described in
subsection (c)(2).
(2) Limitation on recipients.--For purposes of the
program under this section, a specified entity may not
receive a grant on behalf of more than 1 eligible area.
(e) Maximum Award Amount.--In determining the maximum amount
of a grant that a specified entity may be awarded, the
Secretary shall use the product obtained by multiplying--
(1) the prime-age employment gap of the eligible
area;
(2) the prime-age population of the eligible area;
and
(3) either--
(A) $70,585 for local labor markets; or
(B) $53,600 for local communities.
(f) Definitions.--In this section:
(1) Eligible area.--The term ``eligible area'' means
either of the following:
(A) A local labor market that--
(i) has a prime-age employment gap
equal to not less than 2.5 percent; and
(ii) meets additional criteria as the
Secretary may establish.
(B) A local community that--
(i) has a prime-age employment gap
equal to not less than 5 percent;
(ii) is not located within an
eligible local labor market that meets
the criteria described in subparagraph
(A); and
(iii) has a median annual household
income of not more than $75,000.
(2) Local labor market.--The term ``local labor
market'' means any of the following areas that contains
1 or more specified entities described in subparagraphs
(A) through (D) of paragraph (5):
(A) A commuting zone, as defined by the
Economic Research Service of the Department of
Agriculture, excluding all core-based
statistical areas within the commuting zone
described in subparagraph (B).
(B) Subject to subparagraph (C), if 1 or more
discrete metropolitan statistical areas or
micropolitan statistical areas, as defined by
the Office of Management and Budget
(collectively referred to as ``core-based
statistical areas''), exists within a commuting
zone described in subparagraph (A), each such
core-based statistical area.
(C) If the remaining area of a commuting zone
described in subparagraph (A), excluding all
core-based statistical areas within the
commuting zone described in subparagraph (B),
contains 1 or fewer counties and has a
population of 7,500 or fewer residents, that
remaining area combined with an adjacent core-
based statistical area within the commuting
zone.
(D) The Tribal land with a Tribal prime-age
population represented by a Tribal government.
(3) Local community.--The term ``local community''
means the area served by a specified entity described
in subparagraphs (A) through (C) of paragraph (5)
that--
(A)(i) is located within a local labor market
or partial local labor market that is not
eligible; or
(ii) is not coexistent with, or encompassing
the entirety of, a local labor market; and
(B) meets such additional criteria, including
a minimum population requirement, as the
Secretary may establish.
(4) Prime-age employment gap.--
(A) In general.--The term ``prime-age
employment gap'' means the difference
(expressed as a percentage) between--
(i) the national 5-year average
prime-age employment rate; and
(ii) the 5-year average prime-age
employment rate of the eligible area.
(B) Calculation.--For the purposes of
subparagraph (A), an individual is prime-age if
such individual between the ages of 25 years
and 54 years.
(5) Recompete plan.--The term ``recompete plan''
means a comprehensive 10-year economic development plan
that--
(A) includes--
(i) proposed programs and activities
to be carried out with a grant awarded
under this section to address the
economic challenges of the eligible
area in a manner that promotes long-
term, sustained economic growth and
reduction in the prime-age employment
gap of the eligible area;
(ii) projected costs and annual
expenditures and proposed disbursement
schedule; and
(iii) other information as the
Secretary determines appropriate;
(B) is developed by a specified entity that
is the recipient of a planning and technical
assistance grant described in subsection
(c)(2); and
(C) is submitted to the Secretary for
approval for a specified entity to be
considered for a grant under this section.
(6) Specified entity.--The term ``specified entity''
means--
(A) a unit of local government;
(B) the District of Columbia;
(C) a territory or possession of the United
States;
(D) a Tribal government;
(E) a State-authorized political subdivision
or other entity, including a special-purpose
entity engaged in economic development
activities;
(F) a public entity or nonprofit
organization, acting in cooperation with the
officials of a political subdivision or entity
described in subparagraph (E);
(G) an economic development district (as
defined in section 3 of the Public Works and
Economic Development Act of 1965 (42 U.S.C.
3122); and
(H) a consortium of any of the specified
entities described in this paragraph which
serve or are contained within the same eligible
area.
(7) Tribal government.--The term ``Tribal
government'' means the recognized governing body of any
Indian or Alaska Native tribe, band, nation, pueblo,
village, community, component band, or component
reservation, individually identified (including
parenthetically) in the list published by the Bureau of
Indian Affairs on January 29, 2021, pursuant to section
104 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 5131).
(8) Tribal land.--The term ``Tribal land'' means any
land--
(A) any land located within the boundaries of
an Indian reservation, pueblo, or rancheria; or
(B) any land not located within the
boundaries of an Indian reservation, pueblo, or
rancheria, the title to which is held--
(i) in trust by the United States for
the benefit of an Indian Tribe or an
individual Indian;
(ii) by an Indian Tribe or an
individual Indian, subject to
restriction against alienation under
laws of the United States; or
(iii) by a dependent Indian
community.
(9) Tribal prime-age population.--
(A) In general.--The term ``Tribal prime-age
population'' shall be equal to the sum obtained
by adding--
(i) the product obtained by
multiplying--
(I) the total number of
individuals ages 25 through 54
residing on the Tribal land of
the Tribal government; and
(II) 0.65; and
(ii) the product obtained by
multiplying--
(I) the total number of
individuals ages 25 through 54
included on the membership roll
of the Tribal government; and
(II) 0.35.
(B) Use of date.--A calculation under
subparagraph (A) shall be determined based on
data provided by the applicable Tribal
government to the Department of the Treasury
under the Coronavirus State and Local Fiscal
Recovery Fund programs under title VI of the
Social Security Act (42 U.S.C. 801 et seq.).
SEC. 110020. ASSISTANCE FOR FEDERAL BUILDINGS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any funds in the
Treasury not otherwise appropriated, $1,000,000,000, to remain
available until September 30, 2031, to be deposited in the
Federal Buildings Fund established under section 592 of title
40, United States Code, for measures necessary to convert
facilities of the Administrator of General Services to high-
performance green buildings (as defined in section 401 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17061)).
SEC. 110021. TECHNOLOGY INNOVATION AND CLIMATE RESILIENCE IN MARITIME
SECTOR.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until September 30, 2027, to the Maritime
Administration, for the maritime environmental and technical
assistance program under section 50307 of title 46, United
States Code, to reduce carbon emissions, reduce vessel noise
pollution, and improve the climate resiliency of the marine
shipping and the maritime industry.
SEC. 110022. CLIMATE RESILIENT COAST GUARD INFRASTRUCTURE.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000, to remain
available until September 30, 2031, to the account under the
heading ``Coast Guard Procurement, Construction, and
Improvements'', for the acquisition, design, and construction
of new, or replacement of existing, climate resilient
facilities, including personnel readiness facilities such as
family support services facilities, that are threatened by or
have been impacted by climate change, as authorized under
sections 504(e) and 1101(b)(1) of title 14, United States Code.
The Coast Guard shall return to the Treasury any funds
appropriated under this section that have not been expended by
September 30, 2031.
SEC. 110023. GREAT LAKES ICEBREAKER ACQUISITION.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of funds in the Treasury
not otherwise appropriated, $350,000,000, to remain available
until September, 30, 2031, to the Coast Guard, for acquisition,
design, and construction of a Great Lakes heavy icebreaker, as
authorized under section 8107 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283). The Coast Guard shall return to the
Treasury any funds appropriated under this section that have
not been expended by September 30, 2031.
SEC. 110024. POLAR SECURITY CUTTERS AND CLIMATE SCIENCE.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $788,000,000, to remain
available until September 30, 2031, to the Coast Guard, for the
acquisition of the fourth heavy Polar Security Cutter,
including scientific laboratory and berthing facilities, to
expand access for scientists to the polar regions, to improve
climate and weather research, for other polar missions, and for
other purposes, as authorized under section 561 of title 14,
United States Code.
SEC. 110025. SMALL SHIPYARD GRANTS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $300,000,000, to remain
available until September 30, 2027, to the Maritime
Administration for the purposes of making grants under the
assistance for small shipyards program, as authorized by
section 54101 of title 46, United States Code, to improve the
climate resiliency and environmental sustainability of the
maritime industry and maritime transportation system, including
workforce training and equipment acquisition projects that
improve the efficiency of shipyard operations, vessel
construction and vessel repair. The deadlines established in
paragraphs (2) and (3) of subsection (b) and paragraph (1) of
subsection (f) of section 54101 of such title shall not apply
to amounts made available in this section, and the Secretary of
Transportation may carry out multiple rounds of competition.
SEC. 110026. PORT INFRASTRUCTURE AND SUPPLY CHAIN RESILIENCE.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,500,000,000, to remain
available until September 30, 2027, to the Maritime
Administration for the purposes of making grants for projects
to support supply chain resilience, reduction in port
congestion, the development of offshore wind support
infrastructure, and environmental remediation, projects to
reduce the impact of ports on the environment, and for other
purposes. Such grants shall be administered in accordance with
the requirements applicable to grants under section 50302 of
title 46, United States Code. The deadlines established in
paragraph (5) of subsection (c) of section 50302 of such title
shall not apply to amounts made available in this section, and
the Secretary of Transportation may carry out multiple rounds
of competition. The Maritime Administration shall return to the
Treasury any funds appropriated under this section that have
not been expended by September 30, 2031.
SEC. 110027. GRANTS FOR RURAL, SMALL, TRIBAL, AND ECONOMICALLY
DISADVANTAGED MUNICIPALITY TECHNICAL ASSISTANCE AND
CIRCUIT RIDER PROGRAMS AND WORKFORCE DEVELOPMENT.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $495,000,000, to remain
available until expended, for the Administrator of the
Environmental Protection Agency--
(1) to provide technical assistance to rural, small,
Tribal, and economically disadvantaged municipalities
for the purposes identified in subsection (b)(8) of
section 104 of the Federal Water Pollution Control Act
(33 U.S.C. 1254); and
(2) for grants for manpower development and training
and retraining of workforce employees of publicly owned
treatment works in accordance with subsection (g) of
such section.
(b) Determination of Economic Disadvantage.--In determining
whether a municipality is economically disadvantaged for the
purposes of this section, the Administrator shall, to the
maximum extent practicable, take into consideration--
(1) the criteria under paragraph (1) or (2) of
section 301(a) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161); and
(2) any affordability criteria established by the
State in which the municipality is located pursuant to
section 603(i)(2) or 221(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1383(i)(2); 1301(c)).
SEC. 110028. ALTERNATIVE WATER SOURCE PROJECT GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $125,000,000, to remain
available until expended, for carrying out section 220 of the
Federal Water Pollution Control Act (33 U.S.C. 1300), in
accordance with subsection (b), which funds may be used to make
grants under such section on the condition that--
(1) a project carried out using such funds shall, to
the maximum extent practicable, maximize the avoidance,
minimization, or mitigation of climate change impacts
on, and of, any constructed part of the project
(including through the implementation of technologies
to recover and reuse energy produced in the treatment
of wastewater); and
(2) all of the iron and steel used in the project are
produced in the United States in accordance with
section 608 of such Act (33 U.S.C. 1388).
(b) Limitations.--For purposes of subsection (a)--
(1) the limitation in section 220(d)(1) of the
Federal Water Pollution Control Act (as in effect on
September 1, 2021), as it applies to the receipt of
planning or design funds, shall not apply with respect
to eligibility for a grant under this section; and
(2) the requirements of sections 220(d)(2) and (e) of
such Act (as in effect on September 1, 2021) shall not
apply to the making of a grant under this section.
SEC. 110029. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.
(a) General Assistance.--In addition to amounts otherwise
available, there is appropriated to the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000, to remain
available until expended, for carrying out section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301), which
funds may be used to make grants under such section on the
condition that any activity carried out using such funds shall,
to the maximum extent practicable, maximize the avoidance,
minimization, or mitigation of climate change impacts on, and
of, any constructed part of the activity (including through the
implementation of technologies to recover and reuse energy
produced in the treatment of wastewater).
(b) Financially Distressed Communities.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Environmental
Protection Agency for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$1,000,000,000, to remain available until expended, for
carrying out section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301), which funds may be used
to make grants under such section to financially
distressed communities (as defined in such section),
including rural financially distressed communities, on
the condition that any activity carried out using such
funds shall, to the maximum extent practicable,
maximize the avoidance, minimization, or mitigation of
climate change impacts on, and of, any constructed part
of the activity (including through the implementation
of technologies to recover and reuse energy produced in
the treatment of wastewater).
(2) Limitation.--In carrying out paragraph (1), the
Administrator of the Environmental Protection Agency
may not require a financially distressed community
receiving a grant pursuant to this subsection to
provide, as a condition of eligibility to receive such
grant, a share of the cost of the activity for which
the grant was made.
SEC. 110030. INDIVIDUAL HOUSEHOLD DECENTRALIZED WASTEWATER TREATMENT
SYSTEM GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $450,000,000, to remain
available until expended, to make grants, in accordance with
subsection (b), to States, municipalities, and nonprofit
entities under the Federal Water Pollution Control Act for the
construction, repair, or replacement of individual household
decentralized wastewater treatment systems of eligible
individuals (as such term is defined in section 603(j) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(j)).
(b) Priority.--In carrying out subsection (a), the
Administrator of the Environmental Protection Agency shall
prioritize the issuance of grants to assist eligible
individuals (as such term is defined in section 603(j) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(j))
residing in households that are not connected to a system or
technology designed to treat domestic sewage, including
eligible individuals using household cesspools.
SEC. 110031. TRIBAL CLEAN WATER GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Environmental
Protection Agency for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, to remain
available until expended, to make grants, in accordance with
subsection (b), to Indian tribes and other entities described
in section 518(c)(3) of the Federal Water Pollution Control Act
(33 U.S.C. 1377)--
(1) for--
(A) projects and activities eligible for
assistance under section 603(c) of such Act (33
U.S.C. 1383); and
(B) training, technical assistance, and
educational programs related to the operation
and management of treatment works eligible for
assistance pursuant to such section 603(c); and
(2) subject to the condition that--
(A) any project or activity carried out using
such funds shall, to the maximum extent
practicable, maximize the avoidance,
minimization, or mitigation of climate change
impacts on, and of, any constructed part of the
project or activity (including through the
implementation of technologies to recover and
reuse energy produced in the treatment of
wastewater); and
(B) all of the iron and steel used in any
project carried out using such funds are
produced in the United States in accordance
with section 608 of such Act (33 U.S.C. 1388).
(b) Limitation.--In carrying out subsection (a), the
Administrator of the Environmental Protection Agency may not
require an Indian tribe or other entity receiving a grant under
this section to provide, as a condition of eligibility to
receive such grant, a share of the cost of the project or
activity for which the grant was made.
SEC. 110032. WASTEWATER INFRASTRUCTURE ASSISTANCE TO COLONIAS.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $125,000,000, to remain available until expended,
for the Administrator of the Environmental Protection Agency
for carrying out section 307 of the Safe Drinking Water Act
Amendments of 1996 (33 U.S.C. 1281 note; 110 Stat. 1688), which
funds may be used to award grants under such section to a
border State or municipality with jurisdiction over an eligible
community (as such terms are defined in such section), on the
condition that--
(1) a project carried out using such funds shall, to
the maximum extent practicable, maximize the avoidance,
minimization, or mitigation of climate change impacts
on, and of, any constructed part of the project
(including through the implementation of technologies
to recover and reuse energy produced in the treatment
of wastewater);
(2) all of the iron and steel used in the project are
produced in the United States in accordance with
section 608 of the Federal Water Pollution Control Act
(33 U.S.C. 1388); and
(3) an eligible community receiving assistance for
such project pursuant to this section shall not be
required to provide a share of the costs of carrying
out the project.
SEC. 110033. CLEAN WATER NEEDS SURVEY.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000, to remain available until expended,
for grants to States and municipalities to carry out a detailed
estimate of the cost of construction of all needed publicly
owned treatment works pursuant to section 516(b)(1)(B) of the
Federal Water Pollution Control Act (33 U.S.C. 1375(b)(1)(B)).
SEC. 110034. PROHIBITION ON USE OF FUNDS.
The Comptroller General of the United States shall provide a
report to Congress accounting for any equipment provided by the
United States Coast Guard or the Army Corps of Engineers to any
prior regime in Afghanistan and that has been left behind in
Afghanistan.
SEC. 110035. POLICY OF THE UNITED STATES ON CHILD LABOR.
It is the policy of the United States that funds made
available by this title should not be used to purchase products
produced whole or in part through the use of child labor, as
such term is defined in Article 3 of the International Labor
Organization Convention concerning the prohibition and
immediate action for the elimination of the worst forms of
child labor (December 2, 2000), or in violation of human
rights.