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H.R. 5376: Build Back Better Act


The text of the bill below is as of Sep 27, 2021 (Reported by House Committee).


IB

Union Calendar No. 94

117th CONGRESS

1st Session

H. R. 5376

[Report No. 117–130]

IN THE HOUSE OF REPRESENTATIVES

September 27, 2021

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


A BILL

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


I

Agriculture

A

General provisions

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.

B

Forestry

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).

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.

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.

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.

C

Rural development and energy

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)).

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.

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).

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)).

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.

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.

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).

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.

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.

D

Research and Urban Agriculture

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.).

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.

E

Miscellaneous

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.

II

Committee on Education and Labor

A

Education Matters

1

Elementary and Secondary Education

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.

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.

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.

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))).

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)).

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.

.

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.

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).

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).

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).

2

Higher Education

A

America’s College Promise

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:

F

America’s college promise

1

Grants for Tuition-Free Community College

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.

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.

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.

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.

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.

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.

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).

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.

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.

.

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:

2

Retention and completion grants

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.

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.

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.

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.

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.

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).

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.

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.

.

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:

3

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

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.

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.

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).

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.

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).

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.

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.

.

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:

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.

.

B

Pell Grants and Student Loans

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.

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.

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.

.

C

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

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).

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:

G

Improving research & development infrastructure for minority-serving institutions

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.

.

3

Miscellaneous

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.

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.

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.

B

Labor Matters

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.

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.

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.

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.

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.

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:

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:

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.

C

Workforce Development Matters

1

Department of Labor

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.).

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.).

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.).

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).

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.

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.

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.

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).

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.

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.

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.

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.

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.).

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.

2

Department of Education

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.

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.).

3

Competitive integrated employment transformation grant program

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.

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)).

4

Recruitment, Education and Training, Retention, and Career Advancements for the Direct Care Workforce

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.

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.

5

Workforce Development Programs in Support of Communities and the Environment

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).

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).

6

Department of Labor Inspector General funding

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.

D

Child Care and Universal Pre-Kindergarten

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).

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 ½ 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)

½ 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)

E

Child Nutrition and Related Programs

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.

.

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.

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:

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.

.

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.

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)).

F

Human Services and Community Supports

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.).

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).

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..

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).

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.

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.

III

Committee on Energy and Commerce

A

Air Pollution

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:

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.

.

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:

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.

.

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:

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.

.

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.

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.

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.

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.

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:

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.

.

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.

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.

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.

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.

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