Text of H.R. 5376, Build Back Better Act As of 10-28-21
Text of H.R. 5376, Build Back Better Act As of 10-28-21
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1 TITLE I—COMMITTEE ON
2 AGRICULTURE
3 Subtitle A—General Provisions
4 SEC. 10001. DEFINITIONS.
5 In this title:
6 (1) The term ‘‘insular area’’ has the meaning
7 given such term in section 1404 of the National Ag-
8 ricultural Research, Extension, and Teaching Policy
9 Act of 1977 (7 U.S.C. 3103).
10 (2) The term ‘‘Secretary’’ means the Secretary
11 of Agriculture.
12 Subtitle B—Forestry
13 SEC. 11001. NATIONAL FOREST SYSTEM RESTORATION AND
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1 (1) $10,000,000,000 for hazardous fuels reduc-
2 tion projects on National Forest System land within
3 the wildland-urban interface;
4 (2) $4,000,000,000 for, on a determination
5 made solely by the Secretary that hazardous fuels
6 reduction projects within the wildland-urban inter-
7 face described in paragraph (1) have been planned
8 to protect, to the extent practicable, at-risk commu-
9 nities, hazardous fuels reduction projects on Na-
10 tional Forest System land outside the wildland-
11 urban interface that are—
12 (A) primarily noncommercial in nature,
13 provided that, in accordance with the best avail-
14 able science, the harvest of merchantable mate-
15 rials shall be ecologically appropriate for res-
16 toration and to enhance ecological health and
17 function, and any sale of merchantable mate-
18 rials under this paragraph shall be limited to
19 small diameter trees or biomass that are a by-
20 product of hazardous fuel reduction projects;
21 (B) collaboratively developed; and
22 (C) carried out in a manner that enhances
23 the ecological integrity and achieves the restora-
24 tion of a forest ecosystem; maximizes the reten-
25 tion of old-growth and large trees, as appro-
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1 priate for the forest type; and prioritizes pre-
2 scribed fire as the primary means to achieve
3 modified wildland fire behavior;
4 (3) $1,000,000,000 for vegetation management
5 projects carried out solely on National Forest Sys-
6 tem land that the Secretary shall select following the
7 receipt of proposals submitted in accordance with
8 subsections (a), (b), and (c) of section 4003 of the
9 Omnibus Public Land Management Act of 2009 (16
10 U.S.C. 7303);
11 (4) $400,000,000 for vegetation management
12 projects on National Forest System land carried out
13 in accordance with a water source management plan
14 or a watershed protection and restoration action
15 plan;
16 (5) $400,000,000 for vegetation management
17 projects on National Forest System land that—
18 (A) maintain, or contribute toward the res-
19 toration of, reference old growth characteristics,
20 including structure, composition, function, and
21 connectivity;
22 (B) prioritize small diameter trees and pre-
23 scribed fire to modify fire behavior; and
24 (C) maximize the retention of large trees,
25 as appropriate for the forest type;
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1 (6) $450,000,000 for the Legacy Roads and
2 Trails program of the Forest Service;
3 (7) $350,000,000 for National Forest System
4 land management planning and monitoring,
5 prioritized on the assessment of watershed, ecologi-
6 cal, and carbon conditions on National Forest Sys-
7 tem land and the revision and amendment of older
8 land management plans that present opportunities
9 to protect, maintain, restore, and monitor ecological
10 integrity, ecological conditions for at-risk species,
11 and carbon storage;
12 (8) $100,000,000 for maintenance of trails on
13 National Forest System land, with a priority on
14 trails that provide to underserved communities ac-
15 cess to National Forest System land;
16 (9) $100,000,000 for capital maintenance and
17 improvements on National Forest System land, with
18 a priority on maintenance level 3, 4, and 5 roads
19 and improvements that restore ecological integrity
20 and conditions for at-risk species;
21 (10) $100,000,000 to provide for more efficient
22 and more effective environmental reviews by the
23 Chief of the Forest Service in satisfying the obliga-
24 tions of the Chief of the Forest Service under the
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1 National Environmental Policy Act of 1969 (42
2 U.S.C. 4321 through 4370m–12);
3 (11) $50,000,000 to develop and carry out ac-
4 tivities and tactics for the protection of older and
5 mature forests on National Forest System land, in-
6 cluding completing an inventory of older and mature
7 forests within the National Forest System;
8 (12) $50,000,000 to develop and carry out ac-
9 tivities and tactics for the maintenance and restora-
10 tion of habitat conditions necessary for the protec-
11 tion and recovery of at-risk species on National For-
12 est System land;
13 (13) $50,000,000 to carry out post-fire recovery
14 plans on National Forest System land that empha-
15 size the use of locally adapted native plant materials
16 to restore the ecological integrity of disturbed areas
17 and do not include salvage logging; and
18 (14) $50,000,000 to develop and carry out non-
19 lethal activities and tactics to reduce human-wildlife
20 conflicts on National Forest System land.
21 (b) PRIORITY FOR FUNDING.—For projects described
22 in paragraphs (1) through (5) of subsection (a), the Sec-
23 retary shall prioritize for implementation projects—
24 (1) for which an environmental assessment or
25 an environmental impact statement required under
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1 the National Environmental Policy Act of 1969 (42
2 U.S.C. 4321 through 4370m–12) has been com-
3 pleted;
4 (2) that are collaboratively developed; or
5 (3) that include opportunities to restore sus-
6 tainable recreation infrastructure or access or ac-
7 complish other recreation outcomes on National For-
8 est System lands, if the opportunities are compatible
9 with the primary restoration purposes of the project.
10 (c) LIMITATIONS.—None of the funds made available
11 by this section may be used for any activity—
12 (1) conducted in a wilderness area or wilderness
13 study area;
14 (2) that includes the construction of a perma-
15 nent road or permanent trail;
16 (3) that includes the construction of a tem-
17 porary road, except in the case of a temporary road
18 that is decommissioned by the Secretary not later
19 than 3 years after the earlier of—
20 (A) the date on which the temporary road
21 is no longer needed; and
22 (B) the date on which the project for
23 which the temporary road was constructed is
24 completed;
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1 (4) inconsistent with the applicable land man-
2 agement plan;
3 (5) inconsistent with the prohibitions of the rule
4 of the Forest Service entitled ‘‘Special Areas;
5 Roadless Area Conservation’’ (66 Fed. Reg. 3244
6 (January 12, 2001)), as modified by subparts C and
7 D of part 294 of title 36, Code of Federal Regula-
8 tions; or
9 (6) carried out on any land that is not National
10 Forest System land, including other forested land on
11 Federal, State, Tribal, or private land.
12 (d) DEFINITIONS.—In this section:
13 (1) AT-RISK COMMUNITY.—The term ‘‘at-risk
14 community’’ has the meaning given the term in sec-
15 tion 101 of the Healthy Forests Restoration Act of
16 2003 (16 U.S.C. 6511).
17 (2) COLLABORATIVELY DEVELOPED.—The term
18 ‘‘collaboratively developed’’ means, with respect to a
19 project located exclusively on National Forest Sys-
20 tem land, that the project is developed and imple-
21 mented through a collaborative process that—
22 (A) includes multiple interested persons
23 representing diverse interests, except such per-
24 sons shall not be employed by the Federal gov-
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1 ernment or representatives of foreign entities;
2 and
3 (B)(i) is transparent and nonexclusive; or
4 (ii) meets the requirements for a resource
5 advisory committee under subsections (c)
6 through (f) of section 205 of the Secure Rural
7 Schools and Community Self-Determination Act
8 of 2000 (16 U.S.C. 7125).
9 (3) DECOMMISSION.—The term ‘‘decommis-
10 sion’’ means, with respect to a road—
11 (A) reestablishing native vegetation on the
12 road;
13 (B) restoring any natural drainage, water-
14 shed function, or other ecological processes that
15 were disrupted or adversely impacted by the
16 road by removing or hydrologically dis-
17 connecting the road prism and reestablishing
18 stable slope contours; and
19 (C) effectively blocking the road to vehic-
20 ular traffic, where feasible.
21 (4) ECOLOGICAL INTEGRITY.—The term ‘‘eco-
22 logical integrity’’ has the meaning given the term in
23 section 219.19 of title 36, Code of Federal Regula-
24 tions (as in effect on the date of enactment of this
25 Act).
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1 (5) HAZARDOUS FUELS REDUCTION
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1 tion and restoration action plan’’ means a plan de-
2 veloped under section 304(a)(3) of the Healthy For-
3 ests Restoration Act of 2003 (16 U.S.C.
4 6543(a)(3)).
5 (10) WILDLAND-URBAN INTERFACE.—The term
6 ‘‘wildland-urban interface’’ has the meaning given
7 the term in section 101 of the Healthy Forests Res-
8 toration Act of 2003 (16 U.S.C. 6511).
9 (e) LIMITATIONS.—Nothing in this section shall be
10 interpreted to authorize funds of the Commodity Credit
11 Corporation for activities under this section if such funds
12 are not expressly authorized or currently expended for
13 such purposes.
14 (f) COST-SHARING REQUIREMENT.— Any partner-
15 ship agreements, including cooperative agreements and
16 mutual interest agreements, using funds made available
17 under this section shall be subject to a non-Federal cost-
18 share requirement of not less than 20 percent of the
19 project cost, which may be waived at the discretion of the
20 Secretary.
21 SEC. 11002. NON-FEDERAL LAND FOREST RESTORATION
23 SEARCH.
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1 fiscal year 2022, out of any money in the Treasury not
2 otherwise appropriated, to remain available until Sep-
3 tember 30, 2031—
4 (1) $2,000,000,000 to award grants to Tribal,
5 State, or local governments or the government of the
6 District of Columbia, regional organizations, special
7 districts, or nonprofit organizations to support, on
8 non-Federal land, forest restoration and resilience
9 projects, including projects to reduce the risk of
10 wildfires and establish defensible space around struc-
11 tures within at-risk communities (as defined in sec-
12 tion 101 of the Healthy Forests Restoration Act of
13 2003 (16 U.S.C. 6511));
14 (2) $1,000,000,000 to award grants to Tribal,
15 State, or local governments or the government of the
16 District of Columbia, regional organizations, special
17 districts, or nonprofit organizations to implement
18 community wildfire protection plans (as defined in
19 section 101 of the Healthy Forests Restoration Act
20 of 2003 (16 U.S.C. 6511)) in existence on the date
21 of the enactment of this Act, purchase firefighting
22 equipment, provide firefighter training, and increase
23 the capacity for planning, coordinating, and moni-
24 toring projects on non-Federal land to protect at-
25 risk communities (as defined in section 101 of the
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1 Healthy Forests Restoration Act of 2003 (16 U.S.C.
2 6511));
3 (3) $250,000,000 to award grants to Tribal,
4 State, or local governments or the government of the
5 District of Columbia, regional organizations, special
6 districts, or nonprofit organizations for projects on
7 non-Federal land to aid in the recovery and rehabili-
8 tation of burned forested areas, including reforest-
9 ation;
10 (4) $175,000,000 to award grants to Tribal,
11 State, or local governments or the government of the
12 District of Columbia, regional organizations, special
13 districts, or nonprofit organizations for projects on
14 non-Federal land to expand equitable outdoor access
15 and promote tourism on non-Federal forested land
16 for members of underserved groups;
17 (5) $150,000,000 for the State Fire Assistance
18 and Volunteer Fire Assistance programs established
19 under the Cooperative Forestry Assistance Act of
20 1978 (16 U.S.C. 2101 through 2114) to be distrib-
21 uted at the discretion of the Secretary;
22 (6) $150,000,000 for the implementation of
23 State-wide forest resource strategies under section
24 2A of the Cooperative Forestry Assistance Act of
25 1978 (16 U.S.C. 2101a);
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1 (7) $250,000,000 for the competitive grant pro-
2 gram under section 13A of the Cooperative Forestry
3 Assistance Act of 1978 (16 U.S.C. 2109a) for pro-
4 viding through that program a cost share to carry
5 out climate mitigation or forest resilience practices
6 in the case of underserved forest landowners, subject
7 to the condition that subsection (h) of that section
8 shall not apply;
9 (8) $250,000,000 for the competitive grant pro-
10 gram under section 13A of the Cooperative Forestry
11 Assistance Act of 1978 (16 U.S.C. 2109a) for pro-
12 viding through that program grants to support the
13 participation of underserved forest landowners in
14 emerging private markets for climate mitigation or
15 forest resilience, subject to the condition that sub-
16 section (h) of that section shall not apply;
17 (9) $250,000,000 for the competitive grant pro-
18 gram under section 13A of the Cooperative Forestry
19 Assistance Act of 1978 (16 U.S.C. 2109a) for pro-
20 viding through that program grants to support the
21 participation of forest landowners who own less than
22 2,500 acres of forest land in emerging private mar-
23 kets for climate mitigation or forest resilience, sub-
24 ject to the condition that subsection (h) of that sec-
25 tion shall not apply;
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1 (10) $500,000,000 for the competitive grant
2 program under section 13A of the Cooperative For-
3 estry Assistance Act of 1978 (16 U.S.C. 2109a) to
4 provide grants to states and other eligible entities to
5 provide payments to owners of private forest land
6 for implementation of forestry practices on private
7 forest land, that are determined by the Secretary,
8 based on the best available science, to provide meas-
9 urable increases in carbon sequestration and storage
10 beyond customary practices on comparable land,
11 subject to the conditions that—
12 (A) those payments shall not preclude
13 landowners from participation in other public
14 and private sector financial incentive programs;
15 and
16 (B) subsection (h) of that section shall not
17 apply;
18 (11) $50,000,000 for the forest inventory and
19 analysis program established under section 3(e) of
20 the Forest and Rangeland Renewable Resources Re-
21 search Act of 1978 (16 U.S.C. 1642(e)) for activi-
22 ties and tactics to accelerate and expand existing re-
23 search efforts to improve forest carbon monitoring
24 technologies to better predict changes in forest car-
25 bon due to climate change;
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1 (12) $100,000,000 for the forest inventory and
2 analysis program established under section 3(e) of
3 the Forest and Rangeland Renewable Resources Re-
4 search Act of 1978 (16 U.S.C. 1642(e)) to carry out
5 recommendations from a panel of relevant experts
6 convened by the Secretary that has reviewed and,
7 based on the review, issued recommendations regard-
8 ing the current priorities and future needs of the
9 forest inventory and analysis program with respect
10 to climate change, forest health, sustainable wood
11 products, and increasing carbon storage in forests;
12 (13) $50,000,000 for the forest inventory and
13 analysis program established under section 3(e) of
14 the Forest and Rangeland Renewable Resources Re-
15 search Act of 1978 (16 U.S.C. 1642(e)) to provide
16 enhancements to the technology managed and used
17 by the forest inventory and analysis program, includ-
18 ing cloud computing and remote sensing for pur-
19 poses such as small area estimation;
20 (14) $775,000,000 to provide grants under the
21 wood innovation grant program under section 8643
22 of the Agriculture Improvement Act of 2018 (7
23 U.S.C. 7655d), including for the construction of new
24 facilities that advance the purposes of the program,
25 subject to the conditions that the amount of such a
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1 grant shall be not more than $5,000,000; notwith-
2 standing subsection (d) of that section, a recipient
3 of such a grant shall provide funds equal to not less
4 than 50 percent of the amount received under the
5 grant, to be derived from non-Federal sources; and
6 a priority shall be placed on projects that create a
7 financial model for addressing forest restoration
8 needs on public or private forest land; and
9 (15) $50,000,000 for the research mission area
10 of the Forest Service to carry out greenhouse gas
11 life cycle analyses of domestic wood products.
12 (b) FUNDING FOR RESTORATION ON NON-FEDERAL
13 AREAS BY STATES.—The Secretary may use amounts
14 made available by this section to carry out eligible projects
15 as determined by the Secretary, authorized in subsection
16 (a) on non-Federal land upon the request of the Governor
17 of that State.
18 (c) COST-SHARING REQUIREMENT.—Any partnership
19 agreements, including cooperative agreements and mutual
20 interest agreements, using funds made available under
21 this section shall be subject to a non-Federal cost-share
22 requirement of not less than 20 percent of the project cost,
23 which may be waived at the discretion of the Secretary.
24 (d) LIMITATIONS.—Nothing in this section shall be
25 interpreted to authorize funds of the Commodity Credit
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1 Corporation for activities under this section if such funds
2 are not expressly authorized or currently expended for
3 such purposes.
4 SEC. 11003. STATE AND PRIVATE FORESTRY CONSERVA-
5 TION PROGRAMS.
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1 Urban and Community Forestry Assistance program
2 established under section 9(c) of the Cooperative
3 Forestry Assistance Act of 1978 (16 U.S.C.
4 2105(c)) for tree planting and related activities to
5 increase tree equity and community tree canopy and
6 associated societal and climate co-benefits, with a
7 priority for projects that benefit underserved popu-
8 lations; and
9 (3) $100,000,000 for the acquisition of urban
10 and community forests through the Community For-
11 est and Open Space Program of the Forest Service.
12 (b) WAIVER.—Any non-Federal cost-share require-
13 ment otherwise applicable to projects carried out under
14 this section may be waived at the discretion of the Sec-
15 retary.
16 SEC. 11004. LIMITATION.
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1 (2) use any other funds available to the Sec-
2 retary to satisfy obligations initially made under this
3 subtitle.
4 SEC. 11005. APPROPRIATIONS.
17 WATER PROGRAMS.
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1 water programs authorized by sections 306, 306C, and
2 306D and described in sections 306C(a)(2) and 306D of
3 the Consolidated Farm and Rural Development Act in
4 persistent poverty counties (or, notwithstanding any popu-
5 lation limits specified in section 343 of the Consolidated
6 Farm and Rural Development Act, a county seat of a per-
7 sistent poverty county with a population that does not ex-
8 ceed the authorized population limit by more than 10 per-
9 cent), Tribal lands, colonias, and insular areas, subject to
10 the condition that the performance of any construction
11 work completed with amounts provided under this section
12 meet the condition described in section 9003(f) of the
13 Farm Security and Rural Investment Act of 2002 (7
14 U.S.C. 8103(f)).
15 SEC. 12002. USDA RURAL WATER GRANTS FOR LEAD REME-
16 DIATION.
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1 1926c(a)(2)(A)), for grants under sections 306C(a)(1)(A)
2 and 306(a)(2) of the Consolidated Farm and Rural Devel-
3 opment Act (7 U.S.C. 1926c(a)(1)(A) and 1926(a)(2)) for
4 the purpose of replacement of service lines that contain
5 lead, subject to the condition that the performance of any
6 construction work completed with amounts provided under
7 this section meet the condition described in section
8 9003(f) of the Farm Security and Rural Investment Act
9 of 2002 (7 U.S.C. 8103(f)).
10 SEC. 12003. ADDITIONAL FUNDING FOR ELECTRIC LOANS
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1 meet the condition described in section 9003(f) of the
2 Farm Security and Rural Investment Act of 2002 (7
3 U.S.C. 8103(f)).
4 (b) LIMITATION.—The Secretary shall not enter into
5 any loan agreement pursuant to this section that could
6 result in disbursements after September 30, 2031.
7 SEC. 12004. RURAL ENERGY SAVINGS PROGRAM.
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1 vestment Act of 2002 (7 U.S.C. 8107a(c)), the Sec-
2 retary shall make a grant to the eligible entity in an
3 amount equal to not more than 5 percent of the loan
4 amount for the purposes of costs incurred in—
5 (A) applying for a loan received under sec-
6 tion 6407(c) of such Act;
7 (B) making a loan under section 6407(d)
8 of such Act;
9 (C) making repairs to the property of a
10 qualified consumer that facilitate the energy ef-
11 ficiency measures for the property financed
12 through a loan under section 6407(d) of such
13 Act;
14 (D) entering into a contract under section
15 6407(e) of such Act; or
16 (E) carrying out the duties of an eligible
17 entity under section 6407 of such Act.
18 (2) PERSISTENT POVERTY COUNTIES.—In the
19 case that the grant is for the purpose of making a
20 loan under section 6407(d) of the Farm Security
21 and Rural Investment Act of 2002 (7 U.S.C.
22 8107a(d)) to a qualified consumer (as defined in sec-
23 tion 6407(b) of such Act) in a persistent poverty
24 county (as determined by the Secretary), the per-
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1 centage limitation in paragraph (1) of this sub-
2 section shall be 10 percent.
3 (c) LIMITATION.—The Secretary shall not enter into
4 any loan agreement pursuant to this section that could
5 result in disbursements after September 30, 2031, or any
6 grant agreement pursuant to this section that could result
7 in any outlays after September 30, 2031.
8 SEC. 12005. RURAL ENERGY FOR AMERICA PROGRAM.
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1 (b) UNDERUTILIZED RENEWABLE ENERGY TECH-
2 NOLOGIES.—In addition to amounts otherwise available,
3 there is appropriated to the Secretary, out of any money
4 in the Treasury not otherwise appropriated, to provide
5 grants and loans guaranteed by the Secretary (including
6 the costs of such loans) under the program described in
7 subsection (a) of this section relating to underutilized re-
8 newable energy technologies, and to provide technical as-
9 sistance for applying to such program (as determined by
10 the Secretary), subject to the conditions that the perform-
11 ance of any construction work completed with amounts
12 provided under this subsection meet the condition de-
13 scribed in section 9003(f) of such Act and, notwith-
14 standing section 9007(c)(3)(A) of the Farm Security and
15 Rural Investment Act of 2002 (7 U.S.C. 8107(c)(3)(A)),
16 the amount of a grant shall not exceed 50 percent of the
17 cost of the activity carried out using the grant funds, and
18 to the extent the following amounts remain available at
19 the end of each fiscal year, the Secretary shall use such
20 amounts in accordance with subsection (a) of this sec-
21 tion—
22 (1) $144,750,000 for fiscal year 2022, to re-
23 main available until September 30, 2031; and
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1 (2) $30,000,000 for each of fiscal years 2023
2 through 2027, to remain available until September
3 30, 2031.
4 (c) LIMITATION.—The Secretary shall not enter into
5 any loan agreement pursuant to this section that could
6 result in disbursements after September 30, 2031 or any
7 grant agreement pursuant to this section that could result
8 in any outlays after September 30, 2031.
9 SEC. 12006. BIOFUEL INFRASTRUCTURE AND AGRI-
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1 subject to the condition that the performance of any con-
2 struction work completed with amounts provided under
3 this section shall meet the condition described in section
4 9003(f) of the Farm Security and Rural Investment Act
5 of 2002 (7 U.S.C. 8103(f))—
6 (1) to install, retrofit, or otherwise upgrade fuel
7 dispensers or pumps and related equipment, storage
8 tank system components, and other infrastructure
9 required at a location related to dispensing certain
10 biofuels blends to ensure the increased sales of fuels
11 with high levels of commodity-based ethanol and bio-
12 diesel that are at or greater than the levels required
13 in the Notice of Funding Availability for the Higher
14 Blends Infrastructure Incentive Program for Fiscal
15 Year 2020, published in volume 85 of the Federal
16 Register (85 Fed. Reg. 26656), as determined by
17 the Secretary; and
18 (2) to build and retrofit distribution systems for
19 ethanol blends, traditional and pipeline biodiesel ter-
20 minal operations (including rail lines), and home
21 heating oil distribution centers or equivalent enti-
22 ties—
23 (A) to blend biodiesel; and
24 (B) to carry ethanol and biodiesel.
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1 (c) LIMITATION.—The Secretary may not limit the
2 amount of funding an eligible entity may receive under
3 this section.
4 SEC. 12007. USDA ASSISTANCE FOR RURAL ELECTRIC CO-
5 OPERATIVES.
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1 using such assistance and that will otherwise aid disadvan-
2 taged rural communities (as determined by the Secretary),
3 subject to the condition that any construction work com-
4 pleted with amounts provided under this section shall meet
5 the condition described in section 9003(f) of the Farm Se-
6 curity and Rural Investment Act of 2002 (7 U.S.C.
7 8103(f)), when—
8 (1) making grants and loans (including the cost
9 of loans and modifications thereof) to purchase re-
10 newable energy or renewable energy systems (as de-
11 fined in section 9001(15) and (16) of the Farm Se-
12 curity and Rural Investment Act of 2002 (7 U.S.C.
13 8101(15) and (16))), deploy renewable energy sys-
14 tems, or make energy efficiency improvements after
15 the date of enactment of this Act; and
16 (2) making grants for debt relief and other
17 costs associated with terminating, after the date of
18 enactment of this Act or up to one year prior to the
19 date of enactment, the use of—
20 (A) facilities operating on nonrenewable
21 energy; and
22 (B) related transmission assets.
23 (b) LIMITATION.—No eligible entity may receive an
24 amount equal to more than 10 percent of the total amount
25 made available by this section.
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1 (c) PROHIBITION.—Nothing in this section shall be
2 interpreted to authorize funds of the Commodity Credit
3 Corporation for activities under this section if such funds
4 are not expressly authorized or currently expended for
5 such purposes.
6 SEC. 12008. RURAL PARTNERSHIP PROGRAM.
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1 Tribes, an amount to be provided under this
2 subsection to eligible applicants described in
3 paragraph (3).
4 (B) REQUIREMENTS.—
5 (i) FORMULA.—The formula estab-
6 lished under subparagraph (A) shall in-
7 clude a graduated scale for the amount to
8 be allocated under this subsection for eligi-
9 ble applicants in each State and eligible
10 applicants of Indian Tribes, with higher
11 amounts provided based on lower popu-
12 lations and lower income levels, as deter-
13 mined by the Secretary.
14 (ii) AWARD.—In awarding grants
15 under this subsection to eligible applicants
16 in each State and eligible applicants of In-
17 dian Tribes, the Secretary shall give pri-
18 ority to eligible applicants representing a
19 micropolitan statistical area (as defined by
20 the Office of Management and Budget in
21 OMB Bulletin No. 20-01 (effective March
22 2020) and any subsequent updates) and 1
23 or more rural areas contiguous to that
24 micropolitan statistical area or eligible ap-
25 plicants representing high poverty areas
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1 (as determined by the Secretary) provided
2 that the Secretary may award additional
3 grants or funding under this subsection to
4 implement activities pursuant to a rural
5 development plan upon the Secretary’s ap-
6 proval of the recipient’s plan and report on
7 the use of each grant provided to the re-
8 cipient under this subsection.
9 (3) ELIGIBLE APPLICANTS.—The Secretary
10 may make a grant under this subsection to a part-
11 nership no member of which has received a grant
12 under subsection (b) and that—
13 (A) is composed of entities representing a
14 region composed of 1 or more rural areas, in-
15 cluding—
16 (i) except as provided in subparagraph
17 (B), 1 or more of—
18 (I) a unit of local government;
19 (II) a Tribal government; or
20 (III) an authority, agency, or in-
21 strumentality of an entity described in
22 subclauses (I) or (II); and
23 (ii) a qualified nonprofit or for-profit
24 organization, as determined by the Sec-
25 retary;
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1 (B) does not include a member described
2 in subparagraph (A)(i), but demonstrates sig-
3 nificant community support sufficient to sup-
4 port a likelihood of success on the proposed
5 projects, as determined by the Secretary; and
6 (C) demonstrates, as determined by the
7 Secretary, cooperation among the members of
8 the partnership necessary to complete com-
9 prehensive rural development, through aligning
10 government investment, leveraging nongovern-
11 mental resources, building economic resilience,
12 and aiding economic recovery, including in com-
13 munities impacted by economic transitions and
14 climate change.
15 (4) ELIGIBLE ACTIVITIES.—The use of grant
16 funds provided under this subsection may be used
17 for the following purposes, provided that, where ap-
18 plicable, the performance of any construction work
19 completed with the grant funds shall meet the condi-
20 tion described in section 9003(f) of the Farm Secu-
21 rity and Rural Investment Act of 2002 (7 U.S.C.
22 8103(f)):
23 (A) Conducting comprehensive rural devel-
24 opment and pre-development activities and
25 planning.
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1 (B) Supporting organizational operating
2 expenses relating to the rural development ac-
3 tivities for which the grant was provided.
4 (C) Implementing planned rural develop-
5 ment activities and projects.
6 (5) LIMITATION.—Not more than 25 percent of
7 amounts received by a recipient of a grant under
8 this subsection may be used to satisfy a Federal
9 matching requirement.
10 (b) RURAL PROSPERITY INNOVATION GRANTS.—In
11 addition to amounts otherwise available, there is appro-
12 priated to the Secretary for fiscal year 2022, out of any
13 money in the Treasury not otherwise appropriated,
14 $97,000,000, to remain available until September 30,
15 2031, to provide grants to entities that have not received
16 a grant under subsection (a) and that is a qualified non-
17 profit corporation that serves rural areas (as determined
18 by the Secretary) or an institution of higher education
19 that serves rural areas (as determined by the Secretary),
20 subject to the condition that the recipient of such grant
21 shall contribute a non-Federal match of 20 percent of the
22 amount of the grant, which may be used—
23 (1) to support activities of the recipient relating
24 to—
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1 (A) development and predevelopment plan-
2 ning aspects of rural development; and
3 (B) organizational capacity-building nec-
4 essary to support the rural development activi-
5 ties funded by the grant; and
6 (2) to support the recipient of a grant under
7 subsection (a) in carrying out activities for which
8 that grant was provided.
9 (c) DEFINITIONS.—In this section:
10 (1) RURAL AREA.—The term ‘‘rural area’’ has
11 the meaning given the term in section 343(a)(13)(C)
12 of the Consolidated Farm and Rural Development
13 Act (7 U.S.C. 1991(a)(13)(C)).
14 (2) STATE.—The term ‘‘State’’ has the mean-
15 ing given the term in section 1404 of the National
16 Agricultural Research, Extension, and Teaching Pol-
17 icy Act of 1977 (7 U.S.C. 3103).
18 SEC. 12009. ADDITIONAL USDA RURAL DEVELOPMENT AD-
19 MINISTRATIVE FUNDS.
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1 the agencies and offices of the Department for costs re-
2 lated to implementing this part.
3 PART 2—AGRICULTURAL CREDIT AND
4 OUTREACH
6 ROWERS.
10 ROWERS.
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1 by the Secretary of Agriculture using factors that
2 may include whether the borrower is a limited re-
3 source farmer or rancher, the amount of payments
4 received by the borrower during calendar years 2020
5 and 2021 under the Coronavirus Food Assistance
6 Program of the Department of Agriculture, and
7 other factors, as determined by the Secretary).
8 ‘‘(b) PAYMENTS.—
9 ‘‘(1) IN GENERAL.—The Secretary shall provide
10 a payment in an amount up to 100 percent of the
11 outstanding indebtedness of each economically dis-
12 tressed borrower on eligible farm debt.
13 ‘‘(2) OTHER PAYMENTS.—
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1 ‘‘(B) REDUCTION.—A payment determined
2 under subparagraph (A) shall be reduced by the
3 amount equal to the sum obtained by adding—
4 ‘‘(i) the total of the payments received
5 by the farmer or rancher during calendar
6 year 2020 pursuant to the Coronavirus
7 Food Assistance Program of the Depart-
8 ment of Agriculture; and
9 ‘‘(ii) the total of the payments re-
10 ceived by the farmer or rancher during cal-
11 endar years 2018 and 2019 pursuant to
12 the Market Facilitation Program of the
13 Department of Agriculture.
14 ‘‘(c) DEFINITIONS.—In this section:
15 ‘‘(1) ECONOMICALLY DISTRESSED BOR-
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1 ‘‘(C) operates a farm or ranch whose head-
2 quarters of operation, as determined by the
3 Secretary, location is—
4 ‘‘(i) in a county with a poverty rate of
5 not less than 20 percent, as determined—
6 ‘‘(I) in the 1990 or 2000 decen-
7 nial census; or
8 ‘‘(II) in the Small Area Income
9 and Poverty Estimates of the Bureau
10 of the Census for the most recent year
11 for which the Estimates are available
12 as of the date of enactment of the Act
13 entitled ‘An Act to provide for rec-
14 onciliation pursuant to title II of S.
15 Con. Res. 14’;
16 ‘‘(ii) in a ZIP Code with a poverty
17 rate of not less than 20 percent, as deter-
18 mined by the Secretary; or
19 ‘‘(iii) on land held in trust by the
20 United States for the benefit of an Indian
21 Tribe or an individual Indian;
22 ‘‘(D) owes more interest than principal
23 with respect to an eligible farm debt as of July
24 31, 2021;
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1 ‘‘(E) is undergoing bankruptcy or fore-
2 closure or is in other financially distressed cat-
3 egories, as determined by the Secretary, as of
4 July 31, 2021;
5 ‘‘(F) received a Department of Agriculture
6 disaster set aside after January 1, 2020;
7 ‘‘(G) has restructured an eligible farm debt
8 3 or more times as of July 31, 2021; or
9 ‘‘(H) has restructured an eligible farm
10 debt on or after January 1, 2020.
11 ‘‘(2) ELIGIBLE FARM DEBT.—
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1 ment of the Act entitled ‘An Act to provide for
2 reconciliation pursuant to title II of S. Con Res.
3 14’, plus the total of all loan payments on eligi-
4 ble farm debt made by the borrower in calendar
5 year 2021.
6 ‘‘(3) SECRETARY.—The term ‘Secretary’ means
7 the Secretary of Agriculture.
8 ‘‘(d) LIMITATION.—The Secretary shall not enter
9 into any loan agreement pursuant to this section that
10 could result in disbursements after September 30, 2031
11 or any grant agreement pursuant to this section that could
12 result in any outlays after September 30, 2031.’’.
13 SEC. 12102. USDA ASSISTANCE AND SUPPORT FOR UNDER-
15 ESTERS.
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1 training, capacity building training, cooperative develop-
2 ment and agricultural credit training and support, and
3 other technical assistance on issues concerning food, agri-
4 culture, agricultural credit, agricultural extension, rural
5 development, or nutrition to underserved farmers, ranch-
6 ers, or forest landowners, including veterans, limited re-
7 source producers, beginning farmers and ranchers, and
8 farmers, ranchers, and forest landowners living in high
9 poverty areas.
10 ‘‘(b) LAND LOSS ASSISTANCE.—In addition to
11 amounts otherwise available, there is appropriated to the
12 Secretary of Agriculture for fiscal year 2022, to remain
13 available until September 30, 2031, out of any money in
14 the Treasury not otherwise appropriated, $200,000,000 to
15 provide grants and loans to eligible entities, as determined
16 by the Secretary, to improve land access (including heirs’
17 property and fractionated land issues) for underserved
18 farmers, ranchers, and forest landowners, including vet-
19 erans, limited resource producers, beginning farmers and
20 ranchers, and farmers, ranchers, and forest landowners
21 living in high poverty areas.
22 ‘‘(c) EQUITY COMMISSIONS.—In addition to amounts
23 otherwise available, there is appropriated to the Secretary
24 of Agriculture for fiscal year 2022, to remain available
25 until September 30, 2031, out of any money in the Treas-
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1 ury not otherwise appropriated, $10,000,000 to fund the
2 activities of one or more equity commissions that will ad-
3 dress racial equity issues within the Department of Agri-
4 culture and the programs of the Department of Agri-
5 culture.
6 ‘‘(d) RESEARCH, EDUCATION, AND EXTENSION.—In
7 addition to amounts otherwise available, there is appro-
8 priated to the Secretary of Agriculture for fiscal year
9 2022, to remain available until September 30, 2031, out
10 of any money in the Treasury not otherwise appropriated,
11 $189,000,000 to support and supplement agricultural re-
12 search, education, and extension, as well as scholarships
13 and programs that provide internships and pathways to
14 agricultural sector or Federal employment, at 1890 Insti-
15 tutions (as defined in section 2 of the Agricultural, Re-
16 search, Extension, and Education Reform Act of 1998 (7
17 U.S.C. 7601)), 1994 Institutions (as defined in section
18 532 of the Equity in Educational Land-Grant Status Act
19 of 1994 (7 U.S.C. 301 note; Public Law 103–382)), Alas-
20 ka Native serving institutions and Native Hawaiian serv-
21 ing institutions eligible to receive grants under subsections
22 (a) and (b), respectively, of section 1419B of the National
23 Agricultural Research, Extension, and Teaching Policy
24 Act of 1977 (7 U.S.C. 3156), Hispanic-serving institu-
25 tions eligible to receive grants under section 1455 of the
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1 National Agricultural Research, Extension, and Teaching
2 Policy Act of 1977 (7 U.S.C. 3241), and the insular area
3 institutions of higher education located in the territories
4 of the United States, as referred to in section 1489 of
5 the National Agricultural Research, Extension, and
6 Teaching Policy Act of 1977 (7 U.S.C. 3361).
7 ‘‘(e) DISCRIMINATION FINANCIAL ASSISTANCE.—In
8 addition to amounts otherwise available, there is appro-
9 priated to the Secretary of Agriculture for fiscal year
10 2022, to remain available until September 30, 2031, out
11 of any money in the Treasury not otherwise appropriated,
12 $750,000,000 for a program to provide financial assist-
13 ance to farmers, ranchers, or forest landowners deter-
14 mined to have experienced discrimination prior to January
15 1, 2021, in Department of Agriculture farm lending pro-
16 grams, under which the amount of financial assistance
17 provided to a recipient may be not more than $500,000
18 as appropriate in relation to any consequences experienced
19 from the discrimination, which program shall be adminis-
20 tered through 1 or more qualified nongovernmental enti-
21 ties selected by the Secretary subject to standards set and
22 enforced by the Secretary, subject to the condition that
23 any selected entity administering the program shall return
24 the funds to the Secretary on the request of the Secretary
25 if the standards are not adequately carried out or the ad-
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1 ministration of the program is not otherwise sufficient or
2 if any funds provided to the selected entity are not distrib-
3 uted on the date that is 5 years after the date of enact-
4 ment of the Act entitled ‘An Act to provide for reconcili-
5 ation pursuant to title II of S. Con. Res. 14’, and any
6 such returned funds shall be available for obligation for
7 any activity authorized under this section, except sub-
8 sections (c) and (f).
9 ‘‘(f) ADMINISTRATIVE COSTS.—In addition to
10 amounts otherwise available, there is appropriated to the
11 Secretary of Agriculture for fiscal year 2022, to remain
12 available until September 30, 2031, out of any money in
13 the Treasury not otherwise appropriated, $35,000,000 for
14 administrative costs, including training employees, of the
15 agencies and offices of the Department of Agriculture to
16 carry out this section.
17 ‘‘(g) LIMITATION.—The funds made available under
18 subsection (d) are subject to the condition that the Sec-
19 retary shall not—
20 ‘‘(1) enter into any agreement—
21 ‘‘(A) that is for a term extending beyond
22 September 30, 2031; or
23 ‘‘(B) under which any payment could be
24 outlaid or funds disbursed after September 30,
25 2031; or
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1 ‘‘(2) use any other funds available to the Sec-
2 retary to satisfy obligations initially made under
3 subsection (d).’’.
4 Subtitle D—Research and Urban
5 Agriculture
6 SEC. 13001. DEPARTMENT OF AGRICULTURE RESEARCH
7 FUNDING.
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1 Facilities Research Grant Act (7 U.S.C.
2 3157(b)), $210,000,000 for fiscal year
3 2022;
4 (ii) through the sustainable agri-
5 culture research education program estab-
6 lished under sections 1619, 1621, 1622,
7 1628, and 1629 of the Food, Agriculture,
8 Conservation, and Trade Act of 1990 (7
9 U.S.C. 5801, 5811, 5812, 5831, 5832),
10 $120,000,000 for fiscal year 2022;
11 (iii) through the organic agriculture
12 research and extension initiative estab-
13 lished under section 1672B of the Food,
14 Agriculture, Conservation, and Trade Act
15 of 1990 (7 U.S.C. 5925b), $60,000,000 for
16 fiscal year 2022;
17 (iv) through the urban, indoor, and
18 other emerging agricultural production re-
19 search, education, and extension initiative
20 established under section 1672E of the
21 Food, Agriculture, Conservation, and
22 Trade Act of 1990 (7 U.S.C. 5925g),
23 $5,000,000 for fiscal year 2022;
24 (v) through the centers of excellence
25 led by 1890 Institutions established under
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1 section 1673(d) of the Food, Agriculture,
2 Conservation, and Trade Act of 1990 (7
3 U.S.C. 5926(d)), $5,000,000 for fiscal
4 year 2022;
5 (vi) through the specialty crop re-
6 search and extension initiative established
7 by section 412 of the Agricultural Re-
8 search, Extension, and Education Reform
9 Act of 1998 (7 U.S.C. 7632), $60,000,000
10 for fiscal year 2022;
11 (vii) through the cooperative extension
12 under the Smith-Lever Act (7 U.S.C. 341
13 through 349) for agricultural extension ac-
14 tivities and research relating to climate
15 change, technical assistance, and tech-
16 nology adoption, $80,000,000 for fiscal
17 year 2022;
18 (viii) through the cooperative exten-
19 sion at 1994 Institutions in accordance
20 with section 3(b)(3) of the Smith-Lever
21 Act (7 U.S.C. 343(b)(3)), $35,000,000 for
22 fiscal year 2022; and
23 (ix) through the cooperative extension
24 at 1890 Institutions under section 1444 of
25 the National Agricultural Research, Exten-
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1 sion, and Teaching Policy Act of 1977 (7
2 U.S.C. 3221), $40,000,000 for fiscal year
3 2022;
4 (B) $1,000,000,000 for fiscal year 2022,
5 for grants to covered institutions for construc-
6 tion, alteration, acquisition, modernization, ren-
7 ovation, or remodeling of agricultural research
8 facilities, including related building costs associ-
9 ated with compliance with applicable Federal
10 and State law, under section 4 of the Research
11 Facilities Act (7 U.S.C. 390b), subject to the
12 condition that notwithstanding section
13 3(c)(2)(A) of that Act (7 U.S.C.
14 390a(c)(2)(A)), the recipient of a grant pro-
15 vided using those amounts shall not be required
16 to provide any non-Federal share of total fund-
17 ing provided under this subparagraph;
18 (C) for the scholarships for students at
19 1890 Institutions grant program under section
20 1446 of the National Agricultural Research,
21 Extension, and Teaching Policy Act of 1977 (7
22 U.S.C. 3222a), $100,000,000 for fiscal year
23 2024;
24 (D) $15,000,000 for fiscal year 2022, for
25 grants to land-grant colleges and universities to
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1 support Tribal students under section 1450 of
2 that Act (7 U.S.C. 3222e) and for purposes of
3 this subparagraph, section 1450(b)(4) of such
4 Act shall not apply; and
5 (E) $15,000,000 for fiscal year 2022, for
6 the Higher Education Multicultural Scholars
7 Program carried out pursuant to section 1417
8 of that Act (7 U.S.C. 3152);
9 (3) to the Office of the Chief Scientist, to carry
10 out advanced research and development relating to
11 climate through the Agriculture Advanced Research
12 and Development Authority under section 1473H of
13 the National Agricultural Research, Extension, and
14 Teaching Policy Act of 1977 (7 U.S.C. 3319k),
15 $30,000,000 for fiscal year 2022;
16 (4) to the Foundation for Food and Agriculture
17 Research, to carry out activities relating to climate
18 change in accordance with section 7601 of the Agri-
19 cultural Act of 2014 (7 U.S.C. 5939), to be consid-
20 ered as provided pursuant to subsection (g)(1)(A) of
21 such section, $210,000,000 for fiscal year 2022;
22 (5) to the Office of Urban Agriculture and In-
23 novative Production, $10,000,000 for fiscal year
24 2022, to carry out activities in accordance with sec-
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1 tion 222 of the Department of Agriculture Reorga-
2 nization Act of 1994 (7 U.S.C. 6923).
3 (b) DEFINITIONS.—In this section:
4 (1) COVERED INSTITUTION.—The term ‘‘cov-
5 ered institution’’ means—
6 (A) an 1890 Institution (as defined in sec-
7 tion 2 of the Agricultural Research, Extension,
8 and Education Reform Act of 1998 (7 U.S.C.
9 7601));
10 (B) a 1994 Institution (as defined in sec-
11 tion 532 of the Equity in Educational Land-
12 Grant Status Act of 1994 (7 U.S.C. 301 note;
13 Public Law 103–382));
14 (C) an Alaska Native serving institution or
15 Native Hawaiian serving institution eligible to
16 receive grants under subsections (a) and (b), re-
17 spectively, of section 1419B of the National Ag-
18 ricultural Research, Extension, and Teaching
19 Policy Act of 1977 (7 U.S.C. 3156);
20 (D) Hispanic-serving agricultural colleges
21 and universities and Hispanic-serving institu-
22 tions (as those terms are defined in section
23 1404 of the National Agricultural Research,
24 Extension, and Teaching Policy Act of 1977 (7
25 U.S.C. 3103));
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1 (E) an eligible institution (as defined in
2 section 1489 of the National Agricultural Re-
3 search, Extension, and Teaching Policy Act of
4 1977 (7 U.S.C. 3361) (relating to institutions
5 of higher education in insular areas)); and
6 (F) the University of the District of Co-
7 lumbia established pursuant to the Act of July
8 2, 1862 (commonly known as the ‘‘First Morrill
9 Act’’) (7 U.S.C. 301 through 309).
10 (2) STATE.—The term ‘‘State’’ has the mean-
11 ing given the term in section 1404 of the National
12 Agricultural Research, Extension, and Teaching Pol-
13 icy Act of 1977 (7 U.S.C. 3103).
14 SEC. 13002. LIMITATION.
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1 Subtitle E—Miscellaneous
2 SEC. 14001. ADDITIONAL SUPPORT FOR USDA OFFICE OF
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1 Subtitle F—Conservation
2 SEC. 15001. SOIL CONSERVATION ASSISTANCE.
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1 (1) IN GENERAL.—Of the funds made available
2 under subsection (a), for each of the 2022 through
3 2026 crop years, the Secretary shall make payments
4 to the producers on a farm for which the producer
5 establishes 1 or more cover crop practices with re-
6 spect to the applicable crop year, as determined by
7 the Secretary, in accordance with this subsection,
8 subject to the condition that a producer receiving a
9 payment shall not receive a payment under any
10 other provision of law for the same practices on the
11 same acres.
12 (2) PAYMENT RATE.—The payment rate used
13 to make payments with respect to a producer who
14 establishes 1 or more cover crop practices under
15 paragraph (1) shall be $25 per acre of cover crop es-
16 tablished.
17 (3) ACRES ESTABLISHED.—The acres for which
18 a producer receives the payment rate under para-
19 graph (2) shall be equal to the total number of acres
20 on which the producer establishes 1 or more cover
21 crop practices, not to exceed 1,000 acres per pro-
22 ducer.
23 (c) AVAILABILITY OF PAYMENTS TO FARM OWN-
24 ERS.—
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1 (1) IN GENERAL.—Of the funds made available
2 under subsection (a), for each of the 2022 through
3 2026 crop years, the Secretary shall make payments
4 to the owners of a farm with respect to which a pro-
5 ducer establishes 1 or more cover crop practices pur-
6 suant to subsection (b), in accordance with this sub-
7 section, subject to the condition that an owner of a
8 farm may not receive a payment under this sub-
9 section and subsection (b) for the same farm or
10 acres, as determined by the Secretary.
11 (2) PAYMENT RATE.—The payment rate used
12 to make payments under paragraph (1) with respect
13 to the owner of a farm shall be $5 per acre of cover
14 crop established.
15 (3) ACRES ESTABLISHED.—The acres for which
16 the owner of a farm receives the payment rate under
17 paragraph (2) shall be equal to the total number of
18 acres for which the applicable producer establishes 1
19 or more cover crop practices, not to exceed 1,000
20 acres per owner.
21 (d) AVAILABILITY OF PAYMENTS FOR PREVENTED
22 PLANTING.—
23 (1) IN GENERAL.—Of the funds made available
24 under subsection (a) and in addition to any other
25 payments or assistance, for the 2022 through 2026
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1 crop years, the Secretary shall make payments in ac-
2 cordance with this subsection to producers on farms
3 who establish 1 or more cover crop practices pursu-
4 ant to subsection (b).
5 (2) REQUIREMENTS.—To receive a payment
6 under this subsection, a producer—
7 (A) shall have—
8 (i) purchased a crop insurance policy
9 or plan of insurance under section 508(c)
10 of the Federal Crop Insurance Act (7
11 U.S.C. 1508(c)) for the applicable crop
12 year following the establishment of the
13 cover crop practice, as determined by the
14 Secretary;
15 (ii) established a cover crop practice
16 pursuant to subsection (b) on the farm for
17 which the insurance described in clause (i)
18 was purchased, as determined by the Sec-
19 retary; and
20 (iii) been unable to plant the crop for
21 which insurance was purchased; and
22 (B) as determined by the Secretary, shall
23 not—
24 (i) harvest the cover crop for market
25 or sale;
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1 (ii) harvest the cover crop for seed for
2 purposes of marketing or sale, except that
3 a quantity may be harvested for seed for
4 on-farm usage only; or
5 (iii) otherwise use the acres for which
6 payments are received under this sub-
7 section for any unapproved uses or other
8 uses that seek to defeat or undermine the
9 purposes of this section.
10 (3) PAYMENT AMOUNT.—The Secretary shall
11 make payments to producers under this subsection
12 in an amount equal to the product obtained by mul-
13 tiplying—
14 (A) the total number of acres for which the
15 producer is eligible to receive a payment under
16 this subsection; and
17 (B) the difference between—
18 (i) 100 percent of the prevented plant-
19 ing guarantee, calculated without regard to
20 the establishment of the cover crop prac-
21 tices pursuant to subsection (b), applicable
22 for the insurance policy purchased by the
23 producer under section 508A of the Fed-
24 eral Crop Insurance Act (7 U.S.C. 1508a),
25 as determined by the Secretary; and
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1 (ii) the prevented planting indemnity
2 payment received by the producer under
3 that section and the policy purchased by
4 the producer for the applicable crop, as de-
5 termined by the Secretary.
6 SEC. 15002. ADDITIONAL AGRICULTURAL CONSERVATION
7 INVESTMENTS.
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1 (iv) $3,000,000,000 for fiscal year 2025;
2 and
3 (v) $3,450,000,000 for fiscal year 2026;
4 and
5 (B) subject to the conditions on the use of
6 the funds that—
7 (i) section 1240B(f)(1) of the Food
8 Security Act of 1985 (16 U.S.C. 3839aa–
9 2(f)(1)) shall not apply;
10 (ii) section 1240H(c)(2) of the Food
11 Security Act of 1985 (16 U.S.C. 3839aa–
12 8(c)(2)) shall be applied—
13 (I) by substituting
14 ‘‘$50,000,000’’ for ‘‘$25,000,000’’;
15 and
16 (II) with the Secretary
17 prioritizing proposals that utilize diet
18 and feed management to reduce en-
19 teric methane emissions from
20 ruminants;
21 (iii) the funds shall be available for 1
22 or more agricultural conservation practices
23 or enhancements that the Secretary deter-
24 mines directly improve soil carbon or re-
25 duce nitrogen losses or greenhouse gas
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1 emissions, or capture or sequester green-
2 house gas emissions, associated with agri-
3 cultural production; and
4 (iv) the Secretary shall prioritize
5 projects and activities that mitigate or ad-
6 dress climate change through the manage-
7 ment of agricultural production, including
8 by reducing or avoiding greenhouse gas
9 emissions;
10 (2) to carry out, using the facilities and au-
11 thorities of the Commodity Credit Corporation, the
12 conservation stewardship program under subchapter
13 B of that chapter (16 U.S.C. 3839aa–21 through
14 3839aa–25)—
15 (A)(i) $250,000,000 for fiscal year 2022;
16 (ii) $500,000,000 for fiscal year 2023;
17 (iii) $850,000,000 for fiscal year 2024;
18 (iv) $1,000,000,000 for fiscal year 2025;
19 and
20 (v) $1,500,000,000 for fiscal year 2026;
21 and
22 (B) subject to the conditions on the use of
23 the funds that—
24 (i) the funds shall only be available
25 for—
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1 (I) 1 or more agricultural con-
2 servation practices or enhancements
3 that the Secretary determines directly
4 improve soil carbon or reduce nitrogen
5 losses or greenhouse gas emissions, or
6 capture or sequester greenhouse gas
7 emissions, associated with agricultural
8 production; or
9 (II) State-specific or region-spe-
10 cific groupings or bundles of agricul-
11 tural conservation activities for cli-
12 mate change mitigation appropriate
13 for cropland, pastureland, rangeland,
14 nonindustrial private forest land, and
15 producers transitioning to organic or
16 perennial production systems; and
17 (ii) the Secretary shall prioritize
18 projects and activities that mitigate or ad-
19 dress climate change through the manage-
20 ment of agricultural production, including
21 by reducing or avoiding greenhouse gas
22 emissions;
23 (3) to carry out, using the facilities and au-
24 thorities of the Commodity Credit Corporation, the
25 agricultural conservation easement program under
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1 subtitle H of title XII of that Act (16 U.S.C. 3865
2 through 3865d)—
3 (A)(i) $100,000,000 for fiscal year 2022;
4 (ii) $200,000,000 for fiscal year 2023;
5 (iii) $300,000,000 for fiscal year 2024;
6 (iv) $500,000,000 for fiscal year 2025; and
7 (v) $600,000,000 for fiscal year 2026; and
8 (B) subject to the condition on the use of
9 the funds that the Secretary shall prioritize
10 projects and activities that mitigate or address
11 climate change through the management of ag-
12 ricultural production, including by reducing or
13 avoiding greenhouse gas emissions; and
14 (4) to carry out, using the facilities and au-
15 thorities of the Commodity Credit Corporation, the
16 regional conservation partnership program under
17 subtitle I of title XII of that Act (16 U.S.C. 3871
18 through 3871f)—
19 (A)(i) $200,000,000 for fiscal year 2022;
20 (ii) $500,000,000 for fiscal year 2023;
21 (iii) $1,500,000,000 for fiscal year 2024;
22 (iv) $2,250,000,000 for fiscal year 2025;
23 and
24 (v) $3,050,000,000 for fiscal year 2026;
25 and
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1 (B) subject to the conditions on the use of
2 the funds that the Secretary—
3 (i) shall prioritize partnership agree-
4 ments under section 1271C(d) of the Food
5 Security Act of 1985 (16 U.S.C. 3871c(d))
6 that support the implementation of con-
7 servation projects that assist agricultural
8 producers and nonindustrial private
9 forestland owners in directly improving soil
10 carbon or reducing nitrogen losses or
11 greenhouse gas emissions, or capturing or
12 sequestering greenhouse gas emissions, as-
13 sociated with agricultural production;
14 (ii) shall prioritize projects and activi-
15 ties that mitigate or address climate
16 change through the management of agri-
17 cultural production, including by reducing
18 or avoiding greenhouse gas emissions; and
19 (iii) may prioritize projects that—
20 (I) leverage corporate supply
21 chain sustainability commitments; or
22 (II) utilize models that pay for
23 outcomes from targeting methane and
24 nitrous oxide emissions associated
25 with agricultural production systems.
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1 (b) CONDITIONS.—The funds made available under
2 this section are subject to the conditions that the Sec-
3 retary shall not—
4 (1) enter into any agreement—
5 (A) that is for a term extending beyond
6 September 30, 2031; or
7 (B) under which any payment could be
8 outlaid or funds disbursed after September 30,
9 2031; or
10 (2) use any other funds available to the Sec-
11 retary to satisfy obligations initially made under this
12 section.
13 (c) CONFORMING AMENDMENTS.—
14 (1) Section 1240B of the Food Security Act of
15 1985 (16 U.S.C. 3839aa–2) is amended—
16 (A) in subsection (a), by striking ‘‘2023’’
17 and inserting ‘‘2031’’; and
18 (B) in subsection (f)(2)(B)—
19 (i) in the subparagraph heading, by
20 striking ‘‘2023’’ and inserting ‘‘2031’’; and
21 (ii) by striking ‘‘2023’’ and inserting
22 ‘‘2031’’.
23 (2) Section 1240H of the Food Security Act of
24 1985 (16 U.S.C. 3839aa–8) is amended by striking
25 ‘‘2023’’ each place it appears and inserting ‘‘2031’’.
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1 (3) Section 1240J(a) of the Food Security Act
2 of 1985 (16 U.S.C. 3839aa–22(a)) is amended, in
3 the matter preceding paragraph (1), by striking
4 ‘‘2023’’ and inserting ‘‘2031’’.
5 (4) Section 1240L(h)(2)(A) of the Food Secu-
6 rity Act of 1985 (16 U.S.C. 3839aa–24(h)(2)(A)) is
7 amended by striking ‘‘2023’’ and inserting ‘‘2031’’.
8 (5) Section 1241 of the Food Security Act of
9 1985 (16 U.S.C. 3841) is amended—
10 (A) in subsection (a)—
11 (i) in the matter preceding paragraph
12 (1), by striking ‘‘2023’’ and inserting
13 ‘‘2031’’;
14 (ii) in paragraph (1), by striking
15 ‘‘2023’’ each place it appears and inserting
16 ‘‘2031’’;
17 (iii) in paragraph (2)(F), by striking
18 ‘‘2023’’ and inserting ‘‘2031’’; and
19 (iv) in paragraph (3), by striking ‘‘fis-
20 cal year 2023’’ each place it appears and
21 inserting ‘‘each of fiscal years 2023
22 through 2031’’;
23 (B) in subsection (b), by striking ‘‘2023’’
24 and inserting ‘‘2031’’; and
25 (C) in subsection (h)—
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1 (i) in paragraph (1)(B), in the sub-
2 paragraph heading, by striking ‘‘2023’’ and
3 inserting ‘‘2031’’; and
4 (ii) by striking ‘‘2023’’ each place it
5 appears and inserting ‘‘2031’’.
6 (6) Section 1244(n)(3)(A) of the Food Security
7 Act of 1985 (16 U.S.C. 3844(n)(3)(A)) is amended
8 by striking ‘‘2023’’ and inserting ‘‘2031’’.
9 (7) Section 1271D(a) of the Food Security Act
10 of 1985 (16 U.S.C. 3871d(a)) is amended by strik-
11 ing ‘‘2023’’ and inserting ‘‘2031’’.
12 SEC. 15003. CONSERVATION TECHNICAL ASSISTANCE.
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1 Natural Resources Conservation Service by working
2 with the Regional Climate Hubs designed to provide
3 information and technical support on climate smart
4 agriculture and forestry to agricultural producers,
5 landowners, and resource managers, as determined
6 by the Secretary; and
7 (3) $600,000,000 to carry out a carbon seques-
8 tration and greenhouse gas emissions quantification
9 program through which the Natural Resources Con-
10 servation Service, including through technical service
11 providers and other partners, shall collect field-based
12 data to assess the carbon sequestration and green-
13 house gas emissions reduction outcomes associated
14 with activities carried out pursuant to this section
15 and use the data to monitor and track greenhouse
16 gas emissions and carbon sequestration trends
17 through the Greenhouse Gas Inventory and Assess-
18 ment Program of the Department of Agriculture.
19 (b) CONDITIONS.—The funds made available under
20 this section are subject to the conditions that the Sec-
21 retary shall not—
22 (1) enter into any agreement—
23 (A) that is for a term extending beyond
24 September 30, 2031; or
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1 (B) under which any payment could be
2 outlaid or funds disbursed after September 30,
3 2031;
4 (2) use any other funds available to the Sec-
5 retary to satisfy obligations initially made under this
6 section; or
7 (3) interpret this section to authorize funds of
8 the Commodity Credit Corporation for activities
9 under this section if such funds are not expressly
10 authorized or currently expended for such purposes.
11 (c) ADMINISTRATIVE COSTS.—In addition to
12 amounts otherwise available, there is appropriated to the
13 Secretary for fiscal year 2022, out of any money in the
14 Treasury not otherwise appropriated, $100,000,000, to re-
15 main available until September 30, 2028, for administra-
16 tive costs of the agencies and offices of the Department
17 of Agriculture for costs related to implementing this sec-
18 tion.
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1 TITLE II—COMMITTEE ON
2 EDUCATION AND LABOR
3 Subtitle A—Education Matters
4 PART 1—ELEMENTARY AND SECONDARY
5 EDUCATION
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1 (4) by inserting after subsection (f) the fol-
2 lowing:
3 ‘‘(g) PARTNERSHIP GRANTS FOR THE ESTABLISH-
4 MENT OF ‘GROW YOUR OWN’ PROGRAMS.—
5 ‘‘(1) IN GENERAL.—An eligible partnership that
6 receives a grant under this section shall carry out an
7 effective ‘Grow Your Own’ program to address
8 shortages of teachers in high-need subjects, fields,
9 schools, and geographic areas, or shortages of school
10 leaders in high-need schools, and to increase the di-
11 versity of qualified individuals entering into the
12 teacher, principal, or other school leader workforce.
13 ‘‘(2) REQUIREMENTS OF A GROW YOUR OWN
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1 ‘‘(B) provide opportunities for candidates
2 to practice and develop teaching skills or school
3 leadership skills;
4 ‘‘(C) support candidates as they complete
5 their associate (in furtherance of their bacca-
6 laureate), baccalaureate, or master’s degree or
7 earn their teaching or school leadership creden-
8 tial;
9 ‘‘(D) work to provide academic, counseling,
10 and programmatic supports to candidates;
11 ‘‘(E) provide academic and nonacademic
12 supports, including advising and financial as-
13 sistance, to candidates to enter and complete
14 teacher or school leadership preparation pro-
15 grams, to access and complete State licensure
16 exams, and to engage in school-based clinical
17 placements;
18 ‘‘(F) include efforts to recruit individuals
19 with experience in high-need subjects or fields
20 who are not certified to teach or lead, with a
21 specific focus on recruiting individuals—
22 ‘‘(i) from groups or populations that
23 are underrepresented; and
24 ‘‘(ii) who live in and come from the
25 communities the schools serve; and
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1 ‘‘(G) require candidates to complete all
2 State requirements to become fully certified.’’.
3 SEC. 20002. TEACHER RESIDENCIES.
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1 SEC. 20004. HAWKINS.
12 VELOPMENT.
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1 ‘‘SEC. 803D. GRANTS FOR NATIVE AMERICAN LANGUAGE
20 GRANT.
76
1 or 102(a)(1)(B) provided under subparagraph
2 (C)(iii)’’ before ‘‘; and’’; and
3 (2) in subparagraph (C)(iii), by inserting before
4 the period at the end the following: ‘‘, except that,
5 for award year 2022–2023, such amount shall be
6 equal to the amount determined under clause (ii) for
7 award year 2017–2018, increased by $550 for en-
8 rollment at institutions of higher education defined
9 in section 101 or 102(a)(1)(B)’’.
10 (b) SUBSEQUENT AWARD YEARS THROUGH 2025–
11 2026.—Section 401(b) of the Higher Education Act of
12 1965, as amended by section 703 of the FAFSA Sim-
13 plification Act (title VII of division FF of Public Law
14 116–260), is amended—
15 (1) in paragraph (5)(A)—
16 (A) in clause (i), by striking ‘‘and’’ after
17 the semicolon;
18 (B) by redesignating clause (ii) as clause
19 (iii); and
20 (C) by inserting after clause (i) the fol-
21 lowing:
22 ‘‘(ii) for each of award years 2023–
23 2024 through 2025–2026, an additional
24 $550 for enrollment at institutions of high-
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1 er education defined in section 101 or
2 102(a)(1)(B); and’’; and
3 (2) in paragraph (6)(A)—
4 (A) in clause (i)—
5 (i) by striking ‘‘appropriated) such’’
6 and inserting the following: ‘‘appro-
7 priated)—
8 ‘‘(I) such’’; and
9 (ii) by adding at the end the fol-
10 lowing:
11 ‘‘(II) such sums as are necessary
12 to carry out paragraph (5)(A)(ii) for
13 each of fiscal years 2023 through
14 2025; and’’; and
15 (B) in clause (ii), by striking ‘‘(5)(A)(ii)’’
16 and inserting ‘‘(5)(A)(iii)’’.
17 SEC. 20022. EXPANDING FEDERAL STUDENT AID ELIGI-
18 BILITY.
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1 rity or temporary protected status’’ after ‘‘becoming a cit-
2 izen or permanent resident’’.
3 SEC. 20023. INCREASE IN PELL GRANTS FOR RECIPIENTS
4 OF MEANS-TESTED BENEFITS.
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1 ‘‘PART F—RETENTION AND COMPLETION
2 GRANTS
80
1 ents, and other underserved student populations in such
2 eligible entity, improve enrollment, retention, transfer, or
3 completion rates or labor market outcomes.
4 ‘‘(d) ADEQUATE PROGRESS.—As a condition of con-
5 tinuing to receive funds under this section, for each year
6 in which an eligible entity participates in the program
7 under this section, such eligible entity shall demonstrate
8 to the satisfaction of the Secretary that the entity has
9 made adequate progress in implementing or expanding evi-
10 dence-based reforms or practices, and, among students of
11 color, low-income students, students with disabilities, stu-
12 dents in need of remediation, first generation college stu-
13 dents, student parents, and other underserved student
14 populations in such eligible entity, improving enrollment,
15 retention, transfer, or completion rates or labor market
16 outcomes.
17 ‘‘(e) MATCHING REQUIREMENT.—As a condition of
18 receiving a grant under this section for the applicable year
19 described in paragraphs (1) through (3), an eligible entity
20 that is not a Tribal College or University shall provide
21 matching funds for such applicable year toward the cost
22 of the activities described in the application submitted
23 under subsection (b). Such matching funds shall be in the
24 amount of—
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1 ‘‘(1) in the second year of a grant, not less than
2 10 percent of the grant amount awarded to such eli-
3 gible entity for such year;
4 ‘‘(2) in the third year of a grant, not less than
5 15 percent of the grant amount awarded to such eli-
6 gible entity for such year; and
7 ‘‘(3) in the fourth year and each subsequent
8 year of a grant, not less than 20 percent of the
9 grant amount awarded to such eligible entity for
10 such year.
11 ‘‘(f) GENERAL REQUIREMENT.—An eligible entity
12 shall use a grant under this section only to carry out ac-
13 tivities described in the application for such year under
14 subsection (b).
15 ‘‘(g) EVIDENCE-BASED REFORMS OR PRACTICES.—
16 An eligible entity receiving a grant under this section
17 shall, directly or in collaboration with institutions of high-
18 er education and other non-profit organizations, use the
19 grant funds to implement one or more of the following
20 evidence-based reforms or practices:
21 ‘‘(1) Providing comprehensive academic, career,
22 and student support services, including mentoring,
23 advising, or case management services.
24 ‘‘(2) Providing assistance in applying for and
25 accessing direct support services, financial assist-
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1 ance, or means-tested benefit programs to meet the
2 basic needs of students.
3 ‘‘(3) Providing accelerated learning opportuni-
4 ties, including dual or concurrent enrollment pro-
5 grams and early college high school programs.
6 ‘‘(4) Reforming remedial or developmental edu-
7 cation, course scheduling, or credit-awarding poli-
8 cies.
9 ‘‘(5) Improving transfer pathways between—
10 ‘‘(A) in the case of an eligible entity that
11 is a State, community colleges and 4-year insti-
12 tutions of higher education in the State;
13 ‘‘(B) in the case of an eligible entity that
14 is a system of institutions of higher education,
15 institutions within such system and other insti-
16 tutions of higher education in the State in
17 which the system is located; or
18 ‘‘(C) in the case of a Tribal College or
19 University, between the Tribal College or Uni-
20 versity and other institutions of higher edu-
21 cation.
22 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Funds made
23 available under this part shall be used to supplement, and
24 not supplant, other Federal, State, local, Tribal, and insti-
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1 tutional funds that would otherwise be expended to carry
2 out activities described in this section.
3 ‘‘(i) DEFINITIONS.—In this section:
4 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
5 tity’ means a State, a system of institutions of high-
6 er education, or a Tribal College or University.
7 ‘‘(2) EVIDENCE TIERS.—
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1 ‘‘(3) FIRST GENERATION COLLEGE STUDENT.—
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1 scribed in the applications submitted under sub-
2 section (b);
3 ‘‘(2) $37,500,000 to remain available until Sep-
4 tember 30, 2030, to award competitive grants to
5 Tribal Colleges and Universities to carry out the ap-
6 proved activities described in the applications sub-
7 mitted under subsection (b);
8 ‘‘(3) $95,000,000 to remain available until Sep-
9 tember 30, 2030, to supplement the competitive
10 grant amounts awarded to eligible entities with
11 funds available under paragraph (1) and (2) to im-
12 plement reforms or practices that meet evidence tier
13 1;
14 ‘‘(4) $47,500,000 to remain available until Sep-
15 tember 30, 2030, to supplement the competitive
16 grant amounts awarded to eligible entities with
17 funds available under paragraphs (1) and (2) to im-
18 plement reforms or practices that meet evidence tier
19 1 or evidence tier 2, or a combination of such re-
20 forms or practices; and
21 ‘‘(5) $10,000,000 to remain available until Sep-
22 tember 30, 2030, to evaluate the effectiveness of the
23 activities carried out under this section.
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1 ‘‘(k) SUNSET.—The authority to make grants under
2 this section shall expire at the end of award year 2026–
3 2027.
4 ‘‘(l) INAPPLICABILITY OF GEPA CONTINGENT EX-
5 TENSION OF PROGRAMS.—Section 422 of the General
6 Education Provisions Act shall not apply to this part.’’.
7 SEC. 20025. INSTITUTIONAL AID.
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1 371(b)(2)(B) of the Higher Education Act of 1965
2 in fiscal year 2025;
3 (5) $470,640,000, to remain available until
4 September 30, 2028, for carrying out section
5 371(b)(2)(B) of the Higher Education Act of 1965
6 in fiscal year 2026;
7 (6) $470,640,000, to remain available until
8 September 30, 2028, for carrying out section
9 371(b)(2)(C) of the Higher Education Act of 1965
10 in fiscal year 2022;
11 (7) $470,640,000, to remain available until
12 September 30, 2028, for carrying out section
13 371(b)(2)(C) of the Higher Education Act of 1965
14 in fiscal year 2023;
15 (8) $470,640,000, to remain available until
16 September 30, 2028, for carrying out section
17 371(b)(2)(C) of the Higher Education Act of 1965
18 in fiscal year 2024;
19 (9) $470,640,000, to remain available until
20 September 30, 2028, for carrying out section
21 371(b)(2)(C) of the Higher Education Act of 1965
22 in fiscal year 2025;
23 (10) $470,640,000, to remain available until
24 September 30, 2028, for carrying out section
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1 371(b)(2)(C) of the Higher Education Act of 1965
2 in fiscal year 2026;
3 (11) $141,120,000, to remain available until
4 September 30, 2028, for carrying out section
5 371(b)(2)(D)(i) of the Higher Education Act of
6 1965 in fiscal year 2022;
7 (12) $141,120,000, to remain available until
8 September 30, 2028, for carrying out section
9 371(b)(2)(D)(i) of the Higher Education Act of
10 1965 in fiscal year 2023;
11 (13) $141,120,000, to remain available until
12 September 30, 2028, for carrying out section
13 371(b)(2)(D)(i) of the Higher Education Act of
14 1965 in fiscal year 2024;
15 (14) $141,120,000, to remain available until
16 September 30, 2028, for carrying out section
17 371(b)(2)(D)(i) of the Higher Education Act of
18 1965 in fiscal year 2025;
19 (15) $141,120,000, to remain available until
20 September 30, 2028, for carrying out section
21 371(b)(2)(D)(i) of the Higher Education Act of
22 1965 in fiscal year 2026;
23 (16) $70,560,000, to remain available until
24 September 30, 2028, for carrying out section
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1 371(b)(2)(D)(ii) of the Higher Education Act of
2 1965 in fiscal year 2022;
3 (17) $70,560,000, to remain available until
4 September 30, 2028, for carrying out section
5 371(b)(2)(D)(ii) of the Higher Education Act of
6 1965 in fiscal year 2023;
7 (18) $70,560,000, to remain available until
8 September 30, 2028, for carrying out section
9 371(b)(2)(D)(ii) of the Higher Education Act of
10 1965 in fiscal year 2024;
11 (19) $70,560,000, to remain available until
12 September 30, 2028, for carrying out section
13 371(b)(2)(D)(ii) of the Higher Education Act of
14 1965 in fiscal year 2025;
15 (20) $70,560,000, to remain available until
16 September 30, 2028, for carrying out section
17 371(b)(2)(D)(ii) of the Higher Education Act of
18 1965 in fiscal year 2026;
19 (21) $23,520,000, to remain available until
20 September 30, 2028, for carrying out section
21 371(b)(2)(D)(iii) of the Higher Education Act of
22 1965 in fiscal year 2022;
23 (22) $23,520,000, to remain available until
24 September 30, 2028, for carrying out section
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1 371(b)(2)(D)(iii) of the Higher Education Act of
2 1965 in fiscal year 2023;
3 (23) $23,520,000, to remain available until
4 September 30, 2028, for carrying out section
5 371(b)(2)(D)(iii) of the Higher Education Act of
6 1965 in fiscal year 2024;
7 (24) $23,520,000, to remain available until
8 September 30, 2028, for carrying out section
9 371(b)(2)(D)(iii) of the Higher Education Act of
10 1965 in fiscal year 2025;
11 (25) $23,520,000, to remain available until
12 September 30, 2028, for carrying out section
13 371(b)(2)(D)(iii) of the Higher Education Act of
14 1965 in fiscal year 2026;
15 (26) $23,520,000, to remain available until
16 September 30, 2028, for carrying out section
17 371(b)(2)(D)(iv) of the Higher Education Act of
18 1965 in fiscal year 2022;
19 (27) $23,520,000, to remain available until
20 September 30, 2028, for carrying out section
21 371(b)(2)(D)(iv) of the Higher Education Act of
22 1965 in fiscal year 2023;
23 (28) $23,520,000, to remain available until
24 September 30, 2028, for carrying out section
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1 371(b)(2)(D)(iv) of the Higher Education Act of
2 1965 in fiscal year 2024;
3 (29) $23,520,000, to remain available until
4 September 30, 2028, for carrying out section
5 371(b)(2)(D)(iv) of the Higher Education Act of
6 1965 in fiscal year 2025; and
7 (30) $23,520,000, to remain available until
8 September 30, 2028, for carrying out section
9 371(b)(2)(D)(iv) of the Higher Education Act of
10 1965 in fiscal year 2026.
11 (b) USE OF FUNDS.—
12 (1) IN GENERAL.—An institution of higher edu-
13 cation receiving funds made available under this sec-
14 tion shall use such funds in accordance with the uses
15 of funds described under subparagraphs (B), (C),
16 and clauses (i) through (iv) of subparagraph (D) of
17 section 371(b)(2) of the Higher Education Act of
18 1965, as applicable, and to award need-based finan-
19 cial aid (including emergency financial aid grants) to
20 low-income students enrolled in an eligible program
21 (as defined in section 481(b) of the Higher Edu-
22 cation Act of 1965) at such institution.
23 (2) DISTRIBUTION REQUIREMENTS.—The Sec-
24 retary of Education shall distribute each of the
25 amounts appropriated under paragraphs (6) through
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1 (10) of subsection (a) in accordance with section
2 371(b)(2)(C), except that in clause (ii) of such sec-
3 tion, ‘‘25’’ and ‘‘of $600,000 annually’’ shall not
4 apply.
5 (c) NO ADDITIONAL ELIGIBILITY REQUIREMENTS.—
6 No individual shall be determined by the Secretary of
7 Education to be ineligible for benefits provided under sub-
8 section (b)(1) except on the basis of not being a low-in-
9 come student enrolled in an eligible program (as defined
10 in section 481(b) of the Higher Education Act of 1965).
11 SEC. 20026. RESEARCH AND DEVELOPMENT INFRASTRUC-
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1 ‘‘PART G—IMPROVING RESEARCH & DEVELOP-
2 MENT INFRASTRUCTURE FOR HISTORI-
6 TIONS
11 SERVING INSTITUTIONS.
94
1 dustry partners, provided that the eligible institution
2 is the lead member and fiscal agent of the consor-
3 tium.
4 ‘‘(b) AUTHORIZATION OF GRANT PROGRAMS.—For
5 the purpose of supporting research and development infra-
6 structure at eligible institutions, the Secretary shall
7 award, on a competitive basis, to eligible institutions—
8 ‘‘(1) planning grants for a period of not more
9 than 2 years; and
10 ‘‘(2) implementation grants for a period of not
11 more than 5 years.
12 ‘‘(c) APPLICATIONS.—
13 ‘‘(1) IN GENERAL.—An eligible institution that
14 desires to receive a planning grant under subsection
15 (b)(1) or an implementation grant under subsection
16 (b)(2) shall submit an application to the Secretary
17 that includes a description of the activities that will
18 be carried out with grant funds.
19 ‘‘(2) NO COMPREHENSIVE DEVELOPMENT
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1 each of the categories of institutions listed in para-
2 graphs (1) through (7) of section 371(a).
3 ‘‘(2) PRIORITY.—In awarding implementation
4 grants under this section, the Secretary shall give
5 priority to eligible institutions that have received a
6 planning grant under this section.
7 ‘‘(e) USE OF FUNDS.—
8 ‘‘(1) PLANNING GRANTS.—An eligible institu-
9 tion that receives a planning grant under subsection
10 (b)(1) shall use the grant funds to develop a stra-
11 tegic plan for improving institutional research and
12 development infrastructure that includes—
13 ‘‘(A) an assessment of the existing institu-
14 tional research capacity and research and devel-
15 opment infrastructure; and
16 ‘‘(B) a detailed description of how the in-
17 stitution would use research and development
18 infrastructure funds provided by an implemen-
19 tation grant under this section to increase the
20 institution’s research capacity and support re-
21 search and development infrastructure.
22 ‘‘(2) IMPLEMENTATION GRANTS.—An eligible
23 institution that receives an implementation grant
24 under subsection (b)(2) shall use the grant funds to
25 support research and development infrastructure,
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1 which shall include carrying out at least one of the
2 following activities:
3 ‘‘(A) Providing for the improvement of in-
4 frastructure existing on the date of the grant
5 award, including deferred maintenance, or the
6 establishment of new physical infrastructure,
7 including instructional program spaces, labora-
8 tories, research facilities or furniture, fixtures,
9 and instructional research-related equipment
10 and technology relating to the fields of science,
11 technology, engineering, the arts, mathematics,
12 health, agriculture, education, medicine, law,
13 and other disciplines.
14 ‘‘(B) Hiring and retaining faculty, stu-
15 dents, research-related staff, or other personnel,
16 including research personnel skilled in oper-
17 ating, using, or applying technology, equipment,
18 or devices used to conduct or support research.
19 ‘‘(C) Creating and supporting inter- and
20 intra-institutional research centers (including
21 formal and informal communities of practice) in
22 fields of research for which research and devel-
23 opment infrastructure funds have been awarded
24 under this section, including hiring staff and
25 purchasing supplies and equipment.
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1 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds made
2 available under this section shall be used to supplement,
3 and not supplant, other Federal, State, tribal, and local
4 funds that would otherwise be expended to carry out the
5 activities described in this section.
6 ‘‘(g) SUNSET.—
7 ‘‘(1) IN GENERAL.—The authority to make—
8 ‘‘(A) planning grants under subsection
9 (b)(1) shall expire at the end of fiscal year
10 2025; and
11 ‘‘(B) implementation grants under sub-
12 section (b)(2) shall expire at the end of fiscal
13 year 2027.
14 ‘‘(2) INAPPLICABILITY OF GEPA CONTINGENT
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1 SEC. 20027. NORTHERN MARIANA ISLANDS, AMERICAN
4 COLLEGE ACCESS.
9 OUTLYING AREAS
14 ‘‘(a) GRANTS.—
15 ‘‘(1) GRANT AMOUNTS.—
99
1 ‘‘(B) MAXIMUM STUDENT AMOUNTS.—The
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1 gible for benefits provided under this section except on the
2 basis of eligibility requirements under this section.
3 ‘‘(d) DEFINITIONS.—In this section:
4 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi-
5 ble institution’ means an institution that—
6 ‘‘(A) is a public four-year institution of
7 higher education located in one of the several
8 States of the United States, the District of Co-
9 lumbia, the Commonwealth of Puerto Rico, or
10 an outlying area;
11 ‘‘(B) enters into an agreement with the
12 Governor of an outlying area, or with two or
13 more of such Governors (except that such insti-
14 tution may not enter into an agreement with
15 the Governor of the outlying area in which such
16 institution is located), to carry out the grant
17 program under this section; and
18 ‘‘(C) submits an assurance to the Governor
19 and to the Secretary that the institution shall
20 use funds made available under this section to
21 supplement, and not supplant, assistance that
22 otherwise would be provided to eligible students
23 from outlying areas.
24 ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible
25 student’ means a student who—
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1 ‘‘(A) was domiciled in an outlying area for
2 not less than 12 consecutive months preceding
3 the commencement of the freshman year at an
4 institution of higher education supported by a
5 grant awarded under this section;
6 ‘‘(B) has not completed an undergraduate
7 baccalaureate course of study; and
8 ‘‘(C) is enrolled as an undergraduate stu-
9 dent in an eligible program (as defined in sec-
10 tion 481(b)) on at least a half-time basis.
11 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—
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1 PART 3—DEPARTMENT OF EDUCATION
2 IMPLEMENTATION
103
1 oversight, investigations, and audits of programs, grants,
2 and projects funded under this subtitle and sections 22101
3 and 22102 carried out by the Office of Inspector General.
4 Subtitle B—Labor Matters
5 SEC. 21001. DEPARTMENT OF LABOR.
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1 (5) $121,000,000 to the Office of Workers’
2 Compensation Programs for carrying out activities
3 of the Office.
4 (6) $201,000,000 to the Office of Federal Con-
5 tract Compliance Programs for carrying out audit,
6 investigation, enforcement, and compliance assist-
7 ance, and other activities.
8 (7) $176,000,000 to the Office of the Solicitor
9 for carrying out necessary legal support for activities
10 carried out by the Office related to and in support
11 of the activities of those Department of Labor agen-
12 cies receiving additional funding in this section.
13 SEC. 21002. NATIONAL LABOR RELATIONS BOARD.
21 SION.
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1 available until September 30, 2026, for carrying out inves-
2 tigation, enforcement, outreach, and related activities.
3 SEC. 21004. ADJUSTMENT OF CIVIL PENALTIES.
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1 (A) in the first sentence, by striking
2 ‘‘$1,100’’ and inserting ‘‘$20,740’’; and
3 (B) in the second sentence, by striking
4 ‘‘$1,100’’ and inserting ‘‘$11,620’’.
5 (c) MIGRANT AND SEASONAL AGRICULTURAL WORK-
6 ER PROTECTION ACT.—Section 503(a)(1) of the Migrant
7 and Seasonal Agricultural Worker Protection Act (29
8 U.S.C. 1853(a)(1)) is amended by striking ‘‘$1,000’’ and
9 inserting ‘‘$25,790’’.
10 (d) EFFECTIVE DATE.—The amendments made by
11 this section shall take effect on January 1, 2022.
12 SEC. 21005. CIVIL MONETARY PENALTIES FOR PARITY VIO-
13 LATIONS.
23 FITS’’; and
24 (2) in subparagraph (A)—
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1 (A) by striking ‘‘any plan sponsor of a
2 group health plan’’ and inserting ‘‘any plan
3 sponsor or plan administrator of a group health
4 plan’’; and
5 (B) by striking ‘‘for any failure’’ and all
6 that follows through ‘‘in connection with the
7 plan.’’ and inserting ‘‘for any failure by such
8 sponsor, administrator, or issuer, in connection
9 with the plan—
10 ‘‘(i) to meet the requirements of sub-
11 section (a)(1)(F), (b)(3), (c), or (d) of sec-
12 tion 702 or section 701 or 702(b)(1) with
13 respect to genetic information; or
14 ‘‘(ii) to meet the requirements of sub-
15 section (a) of section 712 with respect to
16 parity in mental health and substance use
17 disorder benefits.’’.
18 (b) EXCEPTION TO THE GENERAL PROHIBITION ON
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1 (A) by striking ‘‘subsections (c)(9) and
2 (a)(6)’’ and inserting ‘‘subsections (c)(9),
3 (c)(10), and (a)(6)’’;
4 (B) by striking ‘‘under subsection (c)(9))’’
5 and inserting ‘‘under subsections (c)(9) and
6 (c)(10)), and except with respect to enforce-
7 ment by the Secretary of section 712’’; and
8 (C) by striking ‘‘706(a)(1)’’ and inserting
9 ‘‘733(a)(1)’’.
10 (c) EFFECTIVE DATE.—The amendments made by
11 subsection (a) shall apply with respect to group health
12 plans, or any health insurance issuer offering health insur-
13 ance coverage in connection with such plan, for plan years
14 beginning after the date that is 1 year after the date of
15 enactment of this Act.
16 SEC. 21006. PENALTIES UNDER THE NATIONAL LABOR RE-
17 LATIONS ACT.
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1 ‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR PRAC-
2 TICES.—Any employer who commits an unfair labor prac-
3 tice within the meaning of section 8(a) affecting commerce
4 shall be subject to a civil penalty in an amount not to
5 exceed $50,000 for each such violation, except that, with
6 respect to such an unfair labor practice within the mean-
7 ing of paragraph (3) or (4) of section 8(a) or such a viola-
8 tion of section 8(a) that results in the discharge of an em-
9 ployee or other serious economic harm to an employee, the
10 Board shall double the amount of such penalty, to an
11 amount not to exceed $100,000, in any case where the
12 employer has within the preceding 5 years committed an-
13 other such violation of such paragraph (3) or (4) or such
14 violation of section 8(a) that results in such discharge or
15 other serious economic harm. A civil penalty under this
16 paragraph shall be in addition to any other remedy or-
17 dered by the Board.
18 ‘‘(c) CONSIDERATIONS.—In determining the amount
19 of any civil penalty under this section, the Board shall con-
20 sider—
21 ‘‘(1) the gravity of the actions of the employer
22 resulting in the penalty, including the impact of such
23 actions on the charging party or on other persons
24 seeking to exercise rights guaranteed by this Act;
25 ‘‘(2) the size of the employer;
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1 ‘‘(3) the history of previous unfair labor prac-
2 tices or other actions by the employer resulting in a
3 penalty; and
4 ‘‘(4) the public interest.
5 ‘‘(d) DIRECTOR AND OFFICER LIABILITY.—If the
6 Board determines, based on the particular facts and cir-
7 cumstances presented, that a director or officer’s personal
8 liability is warranted, a civil penalty for a violation de-
9 scribed in this section may also be assessed against any
10 director or officer of the employer who directed or com-
11 mitted the violation, had established a policy that led to
12 such a violation, or had actual or constructive knowledge
13 of and the authority to prevent the violation and failed
14 to prevent the violation.’’.
15 (b) EFFECTIVE DATE.—The amendments made by
16 this section shall take effect on January 1, 2022.
17 Subtitle C—Workforce
18 Development Matters
19 PART 1—DEPARTMENT OF LABOR
21 TRAINING ACTIVITIES.
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1 remain available until September 30, 2026, which shall be
2 allotted in accordance with subsection (b)(2) of section
3 132 and reserved under subsection (a) of section 133 of
4 the Workforce Innovation and Opportunity Act, and allo-
5 cated under subsection (b)(1)(B) of section 133 of such
6 Act for each local area to provide—
7 (1) career services authorized under subsection
8 (c)(2) of section 134 of the Workforce Innovation
9 and Opportunity Act, including individualized career
10 services described in section 134(c)(2)(A)(xii) of
11 such Act;
12 (2) supportive services and needs-related pay-
13 ments authorized under paragraphs (2) and (3) of
14 section 134(d) of the Workforce Innovation and Op-
15 portunity Act, except that the requirements of sub-
16 paragraphs (B) and (C) of paragraph (3) of such
17 section shall not apply; and
18 (3) training services, including through indi-
19 vidual training accounts, authorized under section
20 134(c)(3) of the Workforce Innovation and Oppor-
21 tunity Act, except that for purposes of providing
22 transitional jobs as part of those services under this
23 section, section 134(d)(5) of such Act shall be ap-
24 plied by substituting ‘‘40 percent’’ for ‘‘10 percent’’.
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1 (b) SUPPLEMENT NOT SUPPLANT.—Amounts made
2 available to carry out this section shall be used to supple-
3 ment and not supplant other Federal, State, and local
4 public funds expended to provide employment and training
5 activities for dislocated workers, including funds provided
6 under the Workforce Innovation and Opportunity Act.
7 SEC. 22002. ADULT WORKER EMPLOYMENT AND TRAINING
8 ACTIVITIES.
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1 section 134(d) of the Workforce Innovation and Op-
2 portunity Act, except that the requirements of sub-
3 paragraphs (B) and (C) of paragraph (3) of such
4 section shall not apply; and
5 (3) training services, including through indi-
6 vidual training accounts, authorized under section
7 134(c)(3) of the Workforce Innovation and Oppor-
8 tunity Act, except that for purposes of providing in-
9 cumbent worker training as part of those services
10 under this section, if such training is provided to
11 low-wage workers, section 134(d)(4)(A)(i) of such
12 Act shall be applied by substituting ‘‘40 percent’’ for
13 ‘‘20 percent’’.
14 (b) SUPPLEMENT NOT SUPPLANT.—Amounts made
15 available to carry out this section shall be used to supple-
16 ment and not supplant other Federal, State, and local
17 public funds expended to provide adult employment and
18 training activities, including funds provided under the
19 Workforce Innovation and Opportunity Act.
20 SEC. 22003. YOUTH WORKFORCE INVESTMENT ACTIVITIES.
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1 allotted in accordance with subparagraphs (B) and (C) of
2 section 127(b)(1) and reserved under subsection (a) of
3 section 128 of the Workforce Innovation and Opportunity
4 Act, and allocated under subsection (b) of section 128 of
5 such Act for each local area to—
6 (1) carry out the youth workforce investment
7 activities authorized under section 129 of the Work-
8 force Innovation and Opportunity Act;
9 (2) provide opportunities for in-school youth
10 and out-of-school youth to participate in paid work
11 experiences described in subsection (c)(2)(C) of sec-
12 tion 129 of the Workforce Innovation and Oppor-
13 tunity Act; and
14 (3) partner with community-based organizations
15 to support out-of-school youth, including those resid-
16 ing in high-crime or high-poverty areas.
17 (b) SUPPLEMENT NOT SUPPLANT.—Amounts made
18 available to carry out this section shall be used to supple-
19 ment and not supplant other Federal, State, and local
20 public funds expended for youth workforce investment ac-
21 tivities, including funds provided under the Workforce In-
22 novation and Opportunity Act.
23 SEC. 22004. EMPLOYMENT SERVICE.
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1 2022, out of any money in the Treasury not otherwise ap-
2 propriated, the following amounts, to remain available
3 until September 30, 2026:
4 (1) $400,000,000 for carrying out the State
5 grant activities authorized under section 7 of the
6 Wagner-Peyser Act, which shall be allotted in ac-
7 cordance with section 6 of such Act, except that, for
8 purposes of this section, funds shall also be reserved
9 and used for the Commonwealth of the Northern
10 Mariana Islands and American Samoa in amounts
11 the Secretary determines appropriate prior to the al-
12 lotments being made in accordance with section 6 of
13 such Act.
14 (2) $100,000,000 for carrying out improve-
15 ments to State workforce and labor market informa-
16 tion systems.
17 SEC. 22005. RE-ENTRY EMPLOYMENT OPPORTUNITIES.
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1 (2) $125,000,000, for competitive grants to na-
2 tional and regional intermediaries to carry out Re-
3 entry Employment Opportunity programs that pre-
4 pare for employment young adults with criminal
5 records, young adults who have been justice system-
6 involved, or young adults who have dropped out of
7 school or other educational programs, made with a
8 priority for projects serving high-crime, high-poverty
9 areas.
10 SEC. 22006. REGISTERED APPRENTICESHIPS, YOUTH AP-
12 SHIPS.
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1 (B) pre-apprenticeship programs that ar-
2 ticulate to registered apprenticeship programs;
3 and
4 (C) youth apprenticeship programs that—
5 (i) provide participants with high-
6 quality, classroom-based related instruction
7 and training, and employment opportuni-
8 ties with progressively increasing wages;
9 and
10 (ii) prepare participants for enroll-
11 ment in an institution of higher education
12 (as defined in section 101 or 102(c) of the
13 Higher Education Act of 1965), a reg-
14 istered apprenticeship program, and em-
15 ployment.
16 (2) $500,000,000 for carrying out activities
17 through arrangements described in paragraph (1) to
18 support programs described in such paragraph that
19 serve a high number or high percentage of individ-
20 uals with barriers to employment (as defined in sec-
21 tion 3(24) of the Workforce Innovation and Oppor-
22 tunity Act), including individuals with disabilities, or
23 nontraditional apprenticeship populations.
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1 SEC. 22008. INDUSTRY OR SECTOR PARTNERSHIP GRANTS.
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1 (2) directly provide, or arrange for the provision
2 of, high-quality, evidence-based training that leads
3 to the attainment of nationally or regionally portable
4 and stackable recognized postsecondary credentials
5 for the industry sector or occupation described in
6 paragraph (1), which shall include—
7 (A)(i) training services described in any
8 clause of subparagraph (D) of section 134(c)(3)
9 of the Workforce Innovation and Opportunity
10 Act provided through contracts that meet the
11 requirements of that section 134(c)(3); or
12 (ii) training provided through—
13 (I) registered apprenticeship pro-
14 grams;
15 (II) pre-apprenticeship programs that
16 articulate to registered apprenticeship pro-
17 grams;
18 (III) youth apprenticeship programs
19 that—
20 (aa) provide participants with
21 high-quality, classroom-based related
22 instruction and training, and employ-
23 ment opportunities with progressively
24 increasing wages; and
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1 (bb) prepare participants for en-
2 rollment in an institution of higher
3 education (as defined in section 101
4 or 102(c)) of the Higher Education
5 Act of 1965), a registered apprentice-
6 ship program, and employment; or
7 (IV) joint labor-management organi-
8 zations; and
9 (B) the provision of information on related
10 skills or competencies that may be attained
11 through such training or credentials;
12 (3) directly provide, or arrange for the provision
13 of, services to help individuals with barriers to em-
14 ployment prepare for, complete, and successfully
15 transition out of training described in paragraph (2),
16 which services shall include career services, sup-
17 portive services, or provision of needs-related pay-
18 ments authorized under subsections (c)(2), (d)(2),
19 and (d)(3) of section 134 of the Workforce Innova-
20 tion and Opportunity Act, except that, for purposes
21 of this section, subparagraphs (B) and (C) of section
22 134(d)(3) of that Act shall not apply; and
23 (4) establish or implement plans for providers
24 of programs supported with such funds to meet the
25 criteria and carry out the procedures to be included
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1 on the eligible training services provider list de-
2 scribed in section 122(d) of the Workforce Innova-
3 tion and Opportunity Act.
4 (d) ADMINISTRATION.—In addition to amounts oth-
5 erwise available, there is appropriated to the Department
6 of Labor for fiscal year 2022, out of any money in the
7 Treasury not otherwise appropriated, $150,000,000, to re-
8 main available until September 30, 2026, for—
9 (1) targeted outreach and support to eligible
10 partnerships serving local areas with high unemploy-
11 ment rates or high percentages of dislocated workers
12 or individuals with barriers to employment, to pro-
13 vide guidance and assistance in the application proc-
14 ess under this section;
15 (2) administration of the program described in
16 this section, including providing comprehensive tech-
17 nical assistance and oversight to support eligible
18 partnerships; and
19 (3) evaluating and reporting on the perform-
20 ance and impact of programs funded under this sec-
21 tion.
22 (e) STATE BOARD OR LOCAL BOARD FUNDS.—In ad-
23 dition to amounts otherwise available, there is appro-
24 priated to the Department of Labor for fiscal year 2022,
25 out of any money in the Treasury not otherwise appro-
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1 priated, $250,000,000, to remain available until Sep-
2 tember 30, 2026, to provide direct assistance to State
3 boards or local boards to support the creation or expansion
4 of industry or sector partnerships in local areas with high
5 unemployment rates or high percentages of dislocated
6 workers or individuals with barriers to employment, as
7 compared to State or national averages for such rates or
8 percentages.
9 (f) SUPPLEMENT NOT SUPPLANT.—Amounts made
10 available to carry out this section shall be used to supple-
11 ment and not supplant other Federal, State, and local
12 public funds expended to support activities described in
13 this section.
14 SEC. 22009. JOB CORPS.
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1 (B) improve and expand access to allow-
2 ances and services described in section 150 of
3 such Act; and
4 (2) for the construction, rehabilitation, and ac-
5 quisition of Job Corps centers, notwithstanding sec-
6 tion 158(c) of the Workforce Innovation and Oppor-
7 tunity Act.
8 (b) ELIGIBILITY OF OPERATORS AND SERVICE PRO-
9 VIDERS.—For the purposes of carrying out subsection (a),
10 an entity in a State or outlying area (as such term is de-
11 fined in section 3(45) of the Workforce Innovation and
12 Opportunity Act) may be eligible to be selected as an oper-
13 ator or service provider.
14 SEC. 22010. NATIVE AMERICAN PROGRAMS.
23 GRAMS.
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1 2022, out of any amounts in the Treasury not otherwise
2 appropriated, $70,000,000, to remain available until Sep-
3 tember 30, 2026, to carry out activities described in sec-
4 tion 167(d) of the Workforce Innovation and Opportunity
5 Act, except that, for purposes of providing services as part
6 of such activities to low-income individuals under this sec-
7 tion, section 3(36)(A)(ii)(I) of such Act shall be applied
8 by substituting ‘‘150 percent of the poverty line’’ for ‘‘the
9 poverty line’’.
10 SEC. 22012. YOUTHBUILD PROGRAM.
22 PROGRAM.
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1 appropriated, $35,000,000, to remain available until Sep-
2 tember 30, 2026, for the Senior Community Service Em-
3 ployment program authorized under section 502 of the
4 Older Americans Act of 1965.
5 SEC. 22014. PROVISION OF INFORMATION.
13 In this part:
14 (1) COMMUNITY COLLEGE.—The term ‘‘commu-
15 nity college’’ means—
16 (A) a degree-granting public institution of
17 higher education (as defined in section 101 of
18 the Higher Education Act of 1965) at which—
19 (i) the highest degree awarded is an
20 associate degree; or
21 (ii) an associate degree is the most
22 frequently awarded degree;
23 (B) a 2-year Tribal College or University
24 (as defined in section 316(b)(3) of the Higher
25 Education Act of 1965);
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1 (C) a degree-granting Tribal College or
2 University (as defined in section 316(b)(3) of
3 the Higher Education Act of 1965) at which—
4 (i) the highest degree awarded is an
5 associate degree; or
6 (ii) an associate degree is the most
7 frequently awarded degree; or
8 (D) a branch campus of a 4-year public in-
9 stitution of higher education (as defined in sec-
10 tion 101 of the Higher Education Act of 1965),
11 if, at such branch campus—
12 (i) the highest degree awarded is an
13 associate degree; or
14 (ii) an associate degree is the most
15 frequently awarded degree.
16 (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
17 ble institution’’ means a community college, a post-
18 secondary vocational institution (as defined in sec-
19 tion 102(c) of the Higher Education Act of 1965),
20 or a consortium of such colleges or institutions, that
21 is working directly with an industry or sector part-
22 nership, or in the process of establishing such part-
23 nership, to carry out a grant under section 22007.
24 (3) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
25 ble partnership’’ means—
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1 (A) an industry or sector partnership,
2 which shall include multiple representatives de-
3 scribed in each of clauses (i) through (iii) of
4 paragraph (26)(A) of section 3 of the Work-
5 force Innovation and Opportunity Act; or
6 (B) a State board or local board, a joint
7 labor-management organization, or an entity el-
8 igible to be a representative under clause (i),
9 (ii), or (iii) of paragraph (26)(A) of section 3
10 of the Workforce Innovation and Opportunity
11 Act, that is in the process of establishing an in-
12 dustry or sector partnership described in sub-
13 paragraph (A), to carry out a grant, contract,
14 or cooperative agreement under section 22008.
15 (4) PERKINS CTE DEFINITIONS.—The terms
16 ‘‘career guidance and academic counseling’’, ‘‘dual
17 or concurrent enrollment program’’, ‘‘evidence-
18 based’’, and ‘‘work-based learning’’ have the mean-
19 ings given the terms in paragraphs (7), (15), (23),
20 and (55), respectively, of section 3 of the Carl D.
21 Perkins Career and Technical Education Act of
22 2006.
23 (5) REGISTERED APPRENTICESHIP PROGRAM.—
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1 the Office of Apprenticeship of the Employment and
2 Training Administration of the Department of
3 Labor or a State apprenticeship agency recognized
4 by the Office of Apprenticeship pursuant to the Act
5 of August 16, 1937 (commonly known as the ‘‘Na-
6 tional Apprenticeship Act’’; 50 Stat. 664, chapter
7 663).
8 (6) SECRETARY.—The term ‘‘Secretary’’ means
9 the Secretary of Labor.
10 (7) WIOA DEFINITIONS.—
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1 PART 2—DEPARTMENT OF EDUCATION
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1 the Treasury not otherwise appropriated, the following
2 amounts, to remain available until September 30, 2027:
3 (1) $600,000,000 for carrying out career and
4 technical education programs authorized under sec-
5 tion 124 and section 135 of the Carl D. Perkins Ca-
6 reer and Technical Education Act of 2006, which
7 shall be allotted in accordance with section 111 and
8 section 112 of such Act, except that subsection (b)
9 of section 112 shall not apply.
10 (2) $100,000,000 for carrying out the innova-
11 tion and modernization program in subsection (e) of
12 section 114 of the Carl D. Perkins Career and Tech-
13 nical Education Act of 2006, except that, for pur-
14 poses of this paragraph, paragraph (2) of such sub-
15 section and the 20 percent limitation in paragraph
16 (1) of such subsection shall not apply and eligible
17 agencies, as defined in section 3(18) of such Act,
18 shall be eligible to receive grants under such pro-
19 gram.
20 (b) SUPPLEMENT NOT SUPPLANT.—Amounts made
21 available to carry out this section shall be used to supple-
22 ment and not supplant other Federal, State, and local
23 public funds expended for career and technical education
24 programs, including funds provided under the Carl D.
25 Perkins Career and Technical Education Act of 2006.
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1 PART 3—COMPETITIVE INTEGRATED EMPLOY-
2 MENT TRANSFORMATION GRANT PROGRAM
132
1 (2) CONTENTS.—Each application submitted
2 under paragraph (1) shall include—
3 (A) a description of the status of the em-
4 ployers in the covered State providing employ-
5 ment using special certificates, including—
6 (i) the number of employers in the
7 covered State using special certificates to
8 employ and pay people with disabilities;
9 (ii) the number of employees in the
10 covered State employed under a special
11 certificate;
12 (iii) the average number of hours such
13 employees work per week; and
14 (iv) the average hourly wage for such
15 employees;
16 (B) a description of activities to be funded
17 under the grant, and the goals of such activi-
18 ties, including the activities of the covered State
19 with respect to competitive integrated employ-
20 ment for people with disabilities; and
21 (C) assurances that—
22 (i) the activities carried out under the
23 grant will result in—
24 (I) each employer in the covered
25 State that, on the date of enactment
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1 of this Act, provides employment
2 using special certificates transforming
3 its business and program models as
4 described in subsection (c)(1); and
5 (II) each employer in the covered
6 State ceasing to use special certifi-
7 cates by the end of the 5-year grant
8 period and no longer applying for or
9 renewing such certificates;
10 (ii) each individual in the covered
11 State who is employed under a special cer-
12 tificate will, as a result of such a trans-
13 formation, be employed in competitive inte-
14 grated employment or a combination of
15 competitive integrated employment and in-
16 tegrated services, including by compen-
17 sating all employees of the employer for all
18 hours worked at a rate that is—
19 (I) not less than the higher of—
20 (aa) the rate specified in
21 section 6(a)(1) of the Fair Labor
22 Standards Act of 1938 (29
23 U.S.C. 206(a)(1));
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1 (bb) the rate specified in an
2 applicable State or local min-
3 imum wage law; or
4 (cc) in the case of work on
5 a contract that is subject to
6 chapter 67 of title 41, United
7 States Code, the applicable pre-
8 vailing wage rate under such
9 chapter; and
10 (II) not less than the rate paid
11 by the employer for the same or simi-
12 lar work performed by other employ-
13 ees who are not people with disabil-
14 ities, and who are similarly situated in
15 similar occupations by the same em-
16 ployer and who have similar training,
17 experience, and skills; and
18 (iii) the covered State will establish an
19 advisory council to monitor and guide the
20 process of transforming business and pro-
21 gram models of employers in the covered
22 State as described in subsection (c)(1).
23 (c) USE OF FUNDS.—A covered State receiving a
24 grant under this section shall use the grant funds for each
25 of the following activities:
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1 (1) Identifying each employer in the State that
2 will transform its business and program models from
3 employing people with disabilities using special cer-
4 tificates to employing people with disabilities in com-
5 petitive integrated employment settings, or a setting
6 involving a combination of competitive integrated
7 employment and integrated services.
8 (2) Implementing a service delivery infrastruc-
9 ture to support people with disabilities who have
10 been employed under special certificates through
11 such a transformation, including providing enhanced
12 integrated services to support people with the most
13 significant disabilities.
14 (3) Expanding competitive integrated employ-
15 ment and integrated services to be provided to such
16 people as a result of transformations described in
17 paragraph (1).
18 (d) ALLOTMENTS.—
19 (1) IN GENERAL.—Not later than 18 months
20 after the date of enactment of this Act, the Sec-
21 retary shall—
22 (A) determine the number of covered
23 States; and
24 (B)(i) in a case in which the Secretary de-
25 termines that there are 15 or more covered
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1 States, award each covered State a grant under
2 paragraph (2); or
3 (ii) in a case in which the Secretary deter-
4 mines that there are 14 or fewer covered
5 States, award each covered State a grant under
6 paragraph (3) for the first 5-year grant period
7 under such paragraph.
8 (2) 15 OR MORE COVERED STATES.—
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1 Secretary shall allot to each covered State an
2 amount that bears the same relationship to
3 such total amount as the number of people with
4 disabilities who are employed under a special
5 certificate in the covered State bears to the
6 total number of people with disabilities who are
7 employed under a special certificate in all cov-
8 ered States.
9 (C) ALLOTMENT BASED ON THE NUMBER
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1 the most accurate data available to the Sec-
2 retary on the date of enactment of this Act.
3 (E) GRANT PERIOD.—A grant under this
4 paragraph shall be awarded for a period of 5
5 years.
6 (3) 14 OR FEWER COVERED STATES.—
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1 grant period described in paragraph
2 (1)(B)(ii); and
3 (II) not later than September 30,
4 2025.
5 (C) LIMIT ON NUMBER OF GRANTS.—No
18 INTEGRATED EMPLOYMENT.
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1 States who were issued special certificates in continuing
2 to transform their business and program models from pro-
3 viding employment using special certificates to business
4 and program models that employ and support people with
5 disabilities in competitive integrated employment.
6 (b) APPLICATIONS.—To be eligible to receive a grant
7 under this section, a covered State shall submit an appli-
8 cation to the Secretary at such time, in such manner, and
9 include such information as the Secretary may reasonably
10 require, including a description of activities to be funded
11 under the grant and the activities of the covered State
12 with respect to competitive integrated employment for peo-
13 ple with disabilities.
14 (c) USE OF FUNDS.—A covered State that receives
15 a grant under this section shall use the grant funds for
16 activities to expand competitive integrated employment
17 and integrated services to be provided to people with dis-
18 abilities.
19 (d) GRANT AWARD.—Not later than 18 months after
20 the date of enactment of this Act, the Secretary shall
21 award each covered State a grant in an amount that bears
22 the same relationship to the total amount appropriated
23 under subsection (a) as the population of the covered State
24 bears to the total population of all covered States.
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1 (e) GRANT PERIOD.—A grant under this section shall
2 be awarded for a period of 5 years.
3 (f) DEFINITION OF COVERED STATE.—In this sec-
4 tion, the term ‘‘covered State’’ means a State (as defined
5 in section 3 of the Fair Labor Standards Act of 1938 (29
6 U.S.C. 203)) that—
7 (1) as of the date of enactment of this Act, has
8 phased out, or is the process of phasing out, the use
9 of special certificates in the State; and
10 (2) submits an application under subsection (b)
11 that meets the requirements under such subsection.
12 SEC. 22203. TECHNICAL ASSISTANCE.
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1 people with disabilities in competitive integrated em-
2 ployment settings; and
3 (2) collect and disseminate information on evi-
4 dence-based practices for such transformations and
5 for providing competitive integrated employment and
6 integrated services.
7 SEC. 22204. SUPPLEMENT AND NOT SUPPLANT.
21 In this part:
22 (1) COMPETITIVE INTEGRATED EMPLOY-
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1 7(5) of the Rehabilitation Act of 1973 (29 U.S.C.
2 705(5)).
3 (2) EMPLOYEE; EMPLOYER.—The terms ‘‘em-
4 ployee’’ and ‘‘employer’’ have the meanings given
5 such terms in section 3 of the Fair Labor Standards
6 Act of 1938 (29 U.S.C. 203).
7 (3) INTEGRATED SERVICES.—The term ‘‘inte-
8 grated services’’ means services for people with dis-
9 abilities that are—
10 (A) designed to assist such people in devel-
11 oping skills and abilities to reside successfully
12 in home and community-based settings;
13 (B) provided in accordance with a person-
14 centered written plan of care;
15 (C) created using evidence-based practices
16 that lead to such people—
17 (i) maintaining competitive integrated
18 employment;
19 (ii) achieving independent living; or
20 (iii) maximizing socioeconomic self-
21 sufficiency, optimal independence, and full
22 participation in the community;
23 (D) provided in a community location that
24 is not specifically intended for people with dis-
25 abilities;
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1 (E) provided in a location that—
2 (i) allows the people receiving the
3 services to interact with people without dis-
4 abilities to the fullest extent possible; and
5 (ii) makes it possible for the people
6 receiving the services to access community
7 resources that are not specifically intended
8 for people with disabilities and to have the
9 same opportunity to participate in the
10 community as people who do not have a
11 disability; and
12 (F) provided in multiple locations to allow
13 the individual receiving the services to have op-
14 tions, thereby—
15 (i) optimizing individual initiative, au-
16 tonomy, and independence; and
17 (ii) facilitating choice regarding serv-
18 ices and supports, and choice regarding the
19 provider of such services.
20 (4) PEOPLE WITH DISABILITIES.—The term
21 ‘‘people with disabilities’’ includes individuals de-
22 scribed in section 14(c)(1) of the Fair Labor Stand-
23 ards Act of 1938 (29 U.S.C. 214(c)(1)).
24 (5) SECRETARY.—The term ‘‘Secretary’’ means
25 the Secretary of Labor.
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1 PART 4—RECRUITMENT, EDUCATION AND TRAIN-
2 ING, RETENTION, AND CAREER ADVANCE-
5 In this part:
6 (1) CTE DEFINITIONS.—The terms ‘‘area ca-
7 reer and technical education school’’, ‘‘evidence-
8 based’’, and ‘‘work-based learning’’ have the mean-
9 ings given such terms in paragraphs (3), (23), and
10 (55), respectively, of section 3 of the Carl D. Per-
11 kins Career and Technical Education Act of 2006
12 (20 U.S.C. 2302).
13 (2) WIOA DEFINITIONS.—The terms ‘‘career
14 pathway’’, ‘‘career planning’’, ‘‘individual with a bar-
15 rier to employment’’, ‘‘local board’’, ‘‘older indi-
16 vidual’’, ‘‘on-the-job training’’, ‘‘recognized postsec-
17 ondary credential’’, and ‘‘State board’’ have the
18 meanings given such terms paragraphs (7), (8),
19 (24), (33), (39), (44), (52), and (57), respectively,
20 of section 3 of the Workforce Innovation and Oppor-
21 tunity Act (29 U.S.C. 3102).
22 (3) OTHER DEFINITIONS.—
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1 (ii) a worker providing direct care
2 services, which may include palliative care,
3 in a home or community-based setting;
4 (iii) a respite care provider who pro-
5 vides short-term support and care to an in-
6 dividual in order to provide relief to a fam-
7 ily caregiver;
8 (iv) a direct care worker, as defined in
9 section 799B of the Public Health Service
10 Act (42 U.S.C. 295p); or
11 (v) an individual in any other position
12 or job related to those described in clauses
13 (i) through (iv), as determined by the Sec-
14 retary in consultation with the Secretary of
15 Health and Human Services acting
16 through the Administrator for the Admin-
17 istration for Community Living.
18 (B) ELIGIBLE ENTITY.—The term ‘‘eligible
19 entity’’ means an entity that is—
20 (i) a State;
21 (ii) a labor organization or a joint
22 labor-management organization;
23 (iii) a nonprofit organization with ex-
24 perience in aging, disability, supporting the
25 rights and interests of direct support work-
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1 ers, or training or educating direct support
2 workers;
3 (iv) an Indian Tribe or Tribal organi-
4 zation (as defined in section 4 of the In-
5 dian Self-Determination and Education
6 Assistance Act (25 U.S.C. 5304));
7 (v) an urban Indian organization (as
8 defined in section 4 of the Indian Health
9 Care Improvement Act (25 U.S.C. 1603));
10 (vi) a State board or local board;
11 (vii) an area agency on aging (as de-
12 fined in section 102 of the Older Ameri-
13 cans Act of 1965 (42 U.S.C. 3002));
14 (viii) when in partnership with an en-
15 tity described in any of clauses (i) through
16 (vii) or with a consortium described in
17 clause (ix)—
18 (I) an institution of higher edu-
19 cation (as defined in section 101 of
20 the Higher Education Act of 1965 (20
21 U.S.C. 1001) or section 102(a)(1)(B)
22 of such Act (20 U.S.C.
23 1002(a)(1)(B))); or
24 (II) an area career and technical
25 education school; or
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1 (ix) a consortium of entities listed in
2 any of clauses (i) through (vii).
3 (C) FAMILY CAREGIVER.—The term ‘‘fam-
4 ily caregiver’’ means a paid or unpaid adult
5 family member or other individual who has a
6 significant relationship with, and who provides
7 a broad range of assistance to, an individual
8 with a chronic or other health condition, dis-
9 ability, or functional limitation.
10 (D) HOME AND COMMUNITY-BASED SERV-
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1 program’’ means an apprenticeship program
2 registered with the Office of Apprenticeship of
3 the Employment Training Administration of the
4 Department of Labor or a State apprenticeship
5 agency recognized by the Office of Apprentice-
6 ship pursuant to the Act of August 16, 1937
7 (commonly known as the ‘‘National Apprentice-
8 ship Act’’; 50 Stat. 664, chapter 663).
9 (H) SECRETARY.—The term ‘‘Secretary’’
10 means the Secretary of Labor.
11 (I) STATE.—The term ‘‘State’’ means each
12 of the 50 States of the United States, the Dis-
13 trict of Columbia, the Commonwealth of Puerto
14 Rico, American Samoa, Guam, the United
15 States Virgin Islands, and the Commonwealth
16 of the Northern Mariana Islands.
17 SEC. 22302. GRANTS TO SUPPORT THE DIRECT CARE WORK-
18 FORCE.
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1 the activities described in subsection (c) with respect to
2 direct support workers.
3 (b) APPLICATIONS; AWARD BASIS.—
4 (1) APPLICATIONS.—
5 (A) IN GENERAL.—An eligible entity seek-
6 ing a grant under subsection (a) shall submit to
7 the Secretary an application at such time, in
8 such manner, and containing such information
9 as the Secretary, in coordination with the Sec-
10 retary of Health and Human Services acting
11 through the Administrator of the Administra-
12 tion for Community Living, may require.
13 (B) CONTENTS.—Each application under
14 subparagraph (A) shall include—
15 (i) a description of the type or types
16 of direct support workers the entity plans
17 to serve through the activities supported by
18 the grant;
19 (ii) a description of the one or more
20 eligible entities collaborating to carry out
21 the activities described in subsection (c);
22 (iii) an assurance that—
23 (I) the eligible entity will consult
24 on the development and implementa-
25 tion of the grant, with direct support
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1 workers, their representatives, and re-
2 cipients of direct care services and
3 their families; and
4 (II) the eligible entity will consult
5 on the implementation of the grant, or
6 coordinate the activities of the grant,
7 with the agencies in the State that are
8 responsible for developmental dis-
9 ability services, aging, education,
10 workforce development, and Medicaid,
11 to the extent that each such entity is
12 not the eligible entity; and
13 (iv) a plan for ensuring that the eligi-
14 ble entity will remain neutral in any orga-
15 nizing effort involving direct support work-
16 ers served by the grant who seek to form,
17 join, or assist a labor organization.
18 (2) DURATION OF GRANTS.—A grant awarded
19 under this section shall be for a period of 3 years,
20 and may be renewed. The Secretary, in coordination
21 with the Secretary of Health and Human Services
22 acting through the Administrator of the Administra-
23 tion for Community Living, shall award grants (in-
24 cluding any renewals) under this section in 3-year
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1 cycles subject to the limits set forth in subsection
2 (a).
3 (c) USE OF FUNDS.—
4 (1) REQUIRED USE OF FUNDS.—Each eligible
5 entity receiving a grant under subsection (a) shall
6 use the grant funds to provide competitive wages,
7 benefits, and other supportive services, including
8 transportation, child care, dependent care, workplace
9 accommodations, and workplace health and safety
10 protections, to the direct support workers served by
11 the grant that are necessary to enable such workers
12 to participate in the activities supported by the
13 grant.
14 (2) ADDITIONAL ACTIVITIES.—In addition to
15 the requirement described in paragraph (1), each eli-
16 gible entity receiving a grant under subsection (a)
17 shall use the grant funds for one or more of the fol-
18 lowing activities:
19 (A) Developing and implementing a strat-
20 egy for the recruitment of direct support work-
21 ers.
22 (B) Developing and implementing a strat-
23 egy for the retention of direct support workers
24 using evidence-based best practices, such as
25 providing mentoring to such workers, including
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1 a strategy that can also support family care-
2 givers.
3 (C) Developing or implementing an edu-
4 cation and training program for the direct sup-
5 port workers served by the grant, which shall
6 include—
7 (i) education and training on—
8 (I) the rights of direct support
9 workers under applicable Federal,
10 State, or local employment law on—
11 (aa) wages and hours, in-
12 cluding under sections 3, 6, 7,
13 12, and 13 of the Fair Labor
14 Standards Act of 1938 (29
15 U.S.C. 203, 206, 207, 212, 213);
16 (bb) safe working conditions,
17 including under section 5 of the
18 Occupational Safety and Health
19 Act of 1970 (29 U.S.C. 654);
20 and
21 (cc) forming, joining, or as-
22 sisting a labor organization, in-
23 cluding under sections 7 and 8 of
24 the National Labor Relations Act
25 (29 U.S.C. 157, 158); and
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1 (II) relevant Federal and State
2 laws (including regulations) on the
3 provision of home and community-
4 based services; and
5 (ii) providing a progressively increas-
6 ing, clearly defined schedule of hourly
7 wages to be paid to each direct support
8 worker served by the grant for each hour
9 the worker spends on education or training
10 provided through the program described in
11 this subparagraph, with a schedule of
12 hourly wages that—
13 (I) is consistent with measurable
14 skill gains or attainment of a recog-
15 nized postsecondary credential re-
16 ceived as a result of participation in
17 or completion of such education or
18 training program; and
19 (II) ensures that each such work-
20 er is compensated for each hour the
21 worker spends on education or train-
22 ing through such program at an entry
23 rate that is not less than the greater
24 of the applicable minimum wage re-
25 quired by other applicable Federal,
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1 State, or local law, or a collective bar-
2 gaining agreement;
3 (iii) developing and implementing a
4 strategy for the retention and career ad-
5 vancement of the direct support workers
6 served by the grant, including providing
7 career planning for the direct support
8 workers served by the grant to support the
9 identification of advancement opportuni-
10 ties, and career pathways in the direct care
11 or home care sectors; and
12 (iv) using evidence-based models and
13 standards for achievement for the attain-
14 ment of any associated recognized postsec-
15 ondary credentials, which include—
16 (I) supporting opportunities to
17 participate in pre-apprenticeship or
18 registered apprenticeship programs,
19 work-based learning, or on-the-job
20 training;
21 (II) providing on-the-job super-
22 vision or mentoring to support the de-
23 velopment of related skills and com-
24 petencies throughout completion of
25 such credentials; and
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1 (III) training on the in-demand
2 skills and competencies of direct sup-
3 port workers served by the grant, in-
4 cluding the provision of culturally
5 competent and disability competent
6 supports and services.
7 (d) SUPPLEMENT AND NOT SUPPLANT.—An eligible
8 entity receiving a grant under this section shall use such
9 grant only to supplement, and not supplant, the amount
10 of funds that, in the absence of such grant, would be avail-
11 able to the eligible entity to address the recruitment, edu-
12 cation and training, retention, or career advancement of
13 direct support workers in the State served by the grant.
14 PART 5—DEPARTMENT OF LABOR INSPECTOR
15 GENERAL AND PROGRAM ADMINISTRATION
16 FUNDING
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1 Labor funded under this subtitle and subtitle B of this
2 title.
3 SEC. 22402. PROGRAM ADMINISTRATION.
15 LEARNING ENTITLEMENT.
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1 a State, Tribal, territorial, or local government
2 under this section directly to a parent who shall
3 use such certificate only as payment for child
4 care services or as a deposit for child care serv-
5 ices if such a deposit is required of other chil-
6 dren being cared for by the provider.
7 (B) RULE.—Nothing in this section shall
8 preclude the use of such certificates for sec-
9 tarian child care services if freely chosen by the
10 parent. For the purposes of this section, child
11 care certificates shall be considered Federal fi-
12 nancial assistance to the provider.
13 (2) CHILD EXPERIENCING HOMELESSNESS.—
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1 (E) secondary, postsecondary, or adult
2 education, including education through a pro-
3 gram of high school classes, a course of study
4 at an institution of higher education, classes to-
5 wards an equivalent of a high school diploma
6 recognized by State law, or English as a second
7 language classes;
8 (F) health treatment (including mental
9 health and substance use treatment) for a con-
10 dition that prevents the parent from partici-
11 pating in other eligible activities;
12 (G) activities to prevent child abuse and
13 neglect, or family violence prevention or inter-
14 vention activities;
15 (H) employment and training activities
16 under the supplemental nutrition assistance
17 program established under section 6(d)(4) the
18 Food and Nutrition Act of 2008 (7 U.S.C.
19 2015(d)(4));
20 (I) employment and training activities
21 under the Workforce Innovation and Oppor-
22 tunity Act;
23 (J) a work activity described in subsection
24 (d) of section 407 of the Social Security Act
25 (42 U.S.C. 607) for which, consistent with
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1 clauses (ii) and (iii) of section 402(a)(1)(A) of
2 such Act (42 U.S.C. 602(a)(1)(A)), a parent or
3 caretaker is treated as being engaged in work
4 for a month in a fiscal year for purposes of the
5 program of block grants to States for tem-
6 porary assistance for needy families established
7 under part A of title IV of the Social Security
8 Act; and
9 (K) taking leave under the Family and
10 Medical Leave Act of 1993 (or equivalent provi-
11 sions for Federal employees), a State or local
12 paid or unpaid leave law, or a program of em-
13 ployer-provided leave.
14 (4) ELIGIBLE CHILD.—The term ‘‘eligible
15 child’’ means an individual, subject to subsection
16 (g)(1)(C)(i)(III)—
17 (A) who is less than 6 years of age;
18 (B) who is not yet in kindergarten;
19 (C) whose family income—
20 (i) does not exceed 100 percent of the
21 State median income for a family of the
22 same size for fiscal year 2022;
23 (ii) does not exceed 125 percent of
24 such State median income for fiscal year
25 2023;
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1 (iii) does not exceed 150 percent of
2 such State median income for fiscal year
3 2024; and
4 (iv) does not exceed 250 percent of
5 such State median income for each of the
6 fiscal years 2025 through 2027; and
7 (D) who—
8 (i) resides with a parent or parents
9 who are participating in an eligible activ-
10 ity;
11 (ii) is included in a population of vul-
12 nerable children identified by the lead
13 agency involved, which at a minimum shall
14 include children with disabilities, infants
15 and toddlers with disabilities, children ex-
16 periencing homelessness, children in foster
17 care, children in kinship care, and children
18 who are receiving, or need to receive, child
19 protective services; or
20 (iii) resides with a parent who is more
21 than 65 years of age.
22 (5) ELIGIBLE CHILD CARE PROVIDER.—
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1 provider of child care services for compensation
2 that—
3 (i) is licensed to provide child care
4 services under State law or, in the case of
5 an Indian Tribe or Tribal organization,
6 meets the rules set by the Secretary;
7 (ii) participates in the State’s tiered
8 system for measuring the quality of eligible
9 child care providers described in subsection
10 (f)(4)(B), or, in the case of an Indian
11 Tribe or Tribal organization, meets the
12 rules set by the Secretary—
13 (I) not later than the last day of
14 the third fiscal year for which the
15 State receives funds under this sec-
16 tion; and
17 (II) for the remainder of the pe-
18 riod for which the provider receives
19 funds under this section; and
20 (iii) satisfies the State and local re-
21 quirements applicable to eligible child care
22 providers under the Child Care and Devel-
23 opment Block Grant Act of 1990, includ-
24 ing those requirements described in section
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1 658E(c)(2)(I) of such Act (42 U.S.C.
2 9858c(c)(2)(I)).
3 (B) SPECIAL RULE.—A child care provider
4 who is eligible to provide child care services in
5 a State for children receiving assistance under
6 the Child Care and Development Block Grant
7 Act of 1990 on the date the State submits an
8 application for funds under this section, and re-
9 mains in compliance with any licensing or reg-
10 istration standards, or regulations, of the State,
11 shall be deemed to be an eligible child care pro-
12 vider under this section for 3 years after the
13 State receives funding under this section.
14 (6) FMAP.—The term ‘‘FMAP’’ has the mean-
15 ing given the term ‘‘Federal medical assistance per-
16 centage’’ in the first sentence of section 1905(b) of
17 the Social Security Act (42 U.S.C. 1396d(b)).
18 (7) FAMILY CHILD CARE PROVIDER.—The term
19 ‘‘family child care provider’’ means one or more indi-
20 viduals who provide child care services, in a private
21 residence other than the residences of the children
22 involved, for less than 24 hours per day per child,
23 or for 24 hours per day per child due to the nature
24 of the work of the parent involved.
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1 (8) INCLUSIVE CARE.—The term ‘‘inclusive’’,
2 with respect to care (including child care), means
3 care provided by an eligible child care provider—
4 (A) for whom the percentage of children
5 served by the provider who are children with
6 disabilities or infants or toddlers with disabil-
7 ities reflects the prevalence of children with dis-
8 abilities and infants and toddlers with disabil-
9 ities (whichever the provider serves) among chil-
10 dren within the State involved; and
11 (B) that provides care and full participa-
12 tion for children with disabilities and infants
13 and toddlers with disabilities (whichever the
14 provider serves) alongside children who are—
15 (i) not children with disabilities; and
16 (ii) not infants and toddlers with dis-
17 abilities.
18 (9) INFANT OR TODDLER.—The term ‘‘infant
19 or toddler’’ means an individual who is less than 3
20 years of age.
21 (10) INFANT OR TODDLER WITH A DIS-
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1 (11) LEAD AGENCY.—The term ‘‘lead agency’’
2 means the agency designated under subsection (e).
3 (12) STATE.—The term ‘‘State’’ means any of
4 the 50 States and the District of Columbia.
5 (13) TERRITORY.—The term ‘‘territory’’ means
6 the Commonwealth of Puerto Rico, the Virgin Is-
7 lands of the United States, Guam, American Samoa,
8 and the Commonwealth of the Northern Mariana Is-
9 lands.
10 (c) APPROPRIATIONS.—
11 (1) STATES.—
12 (A) STATE APPROPRIATIONS.—In addition
13 to amounts otherwise available, there is appro-
14 priated to the Department of Health and
15 Human Services for fiscal year 2022, out of any
16 money in the Treasury not otherwise appro-
17 priated—
18 (i)(I) $11,460,000,000, to remain
19 available until September 30, 2027, for
20 States and the Commonwealth of Puerto
21 Rico, to carry out the activities described
22 in subsection (h)(1)(A)(i) in fiscal year
23 2022;
24 (II) $5,730,000,000, to remain avail-
25 able until September 30, 2027, for States
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166
1 and the Commonwealth of Puerto Rico, to
2 carry out the activities described in sub-
3 section (h)(2)(C) in fiscal year 2022;
4 (III) $4,125,600,000, to remain avail-
5 able until September 30, 2027, for States
6 and the Commonwealth of Puerto Rico, to
7 carry out the activities described in sub-
8 section (h)(1)(A)(i) or subsection
9 (h)(2)(C), as determined by the State or
10 Commonwealth, in fiscal year 2022; and
11 (IV) $1,604,400,000, to remain avail-
12 able until September 30, 2027, for States
13 and the Commonwealth of Puerto Rico, to
14 carry out the activities described in sub-
15 section (g)(2)(A)(iii) in fiscal year 2022;
16 (ii)(I) $16,235,000,000, to remain
17 available until September 30, 2027, for
18 States and the Commonwealth of Puerto
19 Rico, to carry out the activities described
20 in subsection (h)(1)(A)(i) in fiscal year
21 2023;
22 (II) $8,117,500,000, to remain avail-
23 able until September 30, 2027, for States
24 and the Commonwealth of Puerto Rico, to
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167
1 carry out the activities described in sub-
2 section (h)(2)(C) in fiscal year 2023;
3 (III) $5,844,600,000, to remain avail-
4 able until September 30, 2027, for States
5 and the Commonwealth of Puerto Rico, to
6 carry out the activities described in sub-
7 section (h)(1)(A)(i) or subsection
8 (h)(2)(C), as determined by the State or
9 Commonwealth, in fiscal year 2023; and
10 (IV) $2,272,900,000, to remain avail-
11 able until September 30, 2027, for States
12 and the Commonwealth of Puerto Rico, to
13 carry out the activities described in sub-
14 section (g)(2)(A)(iii) in fiscal year 2023;
15 and
16 (iii)(I) $20,055,000,000, to remain
17 available until September 30, 2027, for
18 States and the Commonwealth of Puerto
19 Rico, to carry out the activities described
20 in subsection (h)(1)(A)(i) in fiscal year
21 2024;
22 (II) $10,027,500,000, to remain avail-
23 able until September 30, 2027, for States
24 and the Commonwealth of Puerto Rico, to
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168
1 carry out the activities described in sub-
2 section (h)(2)(C) in fiscal year 2024;
3 (III) $7,219,800,000, to remain avail-
4 able until September 30, 2027, for States
5 and the Commonwealth of Puerto Rico, to
6 carry out the activities described in sub-
7 section (h)(1)(A)(i) or subsection
8 (h)(2)(C), as determined by the State or
9 Commonwealth, in fiscal year 2024; and
10 (IV) $2,807,700,000, to remain avail-
11 able until September 30, 2027, for States
12 and the Commonwealth of Puerto Rico, to
13 carry out the activities described in sub-
14 section (g)(2)(A)(iii) in fiscal year 2024.
15 (B) STATE ENTITLEMENT.—In addition to
16 amounts otherwise available, there is appro-
17 priated to the Department of Health and
18 Human Services, out of any money in the
19 Treasury not otherwise appropriated, such sums
20 as may be necessary for each of fiscal years
21 2025 through 2027, for payments to States, to
22 remain available for 1 additional fiscal year for
23 carrying out this section (other than carrying
24 out subsections (i), (k), and (l) or activities de-
25 scribed in paragraph (2) or (3)).
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1 (2) INDIAN TRIBES AND TRIBAL ORGANIZA-
2 TIONS.—
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1 (B) INDIAN TRIBE AND TRIBAL ORGANIZA-
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1 retary, with the requirements applicable to
2 States—
3 (i) $120,000,000, to remain available
4 until September 30, 2027, to carry out the
5 child care program in fiscal year 2022;
6 (ii) $170,000,000, to remain available
7 until September 30, 2027, to carry out the
8 child care program in fiscal year 2023; and
9 (iii) $210,000,000, to remain available
10 until September 30, 2027, to carry out the
11 child care program in fiscal year 2024.
12 (B) TERRITORY ENTITLEMENT.—In addi-
13 tion to amounts otherwise available, there is ap-
14 propriated to the Department of Health and
15 Human Services, out of any money in the
16 Treasury not otherwise appropriated, such sums
17 as may be necessary for each of fiscal years
18 2025 through 2027, for payments to territories,
19 for the purpose of carrying out the child care
20 program described in this section, consistent, to
21 the extent practicable as determined by the Sec-
22 retary, with the requirements applicable to
23 States.
24 (4) GRANTS TO LOCALITIES.—In addition to
25 amounts otherwise available, there is appropriated to
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1 the Department of Health and Human Services for
2 fiscal year 2022, out of any money in the Treasury
3 not otherwise appropriated—
4 (A) $1,000,000,000, to remain available
5 until September 30, 2027, to carry out the pro-
6 gram of grants to localities described in sub-
7 section (i)(2) in fiscal year 2023;
8 (B) $1,000,000,000, to remain available
9 until September 30, 2027, to carry out the pro-
10 gram of grants to localities described in sub-
11 section (i)(2) in fiscal year 2024;
12 (C) $1,000,000,000, to remain available
13 until September 30, 2027, to carry out the pro-
14 gram of grants to localities described in sub-
15 section (i)(2) in fiscal year 2025;
16 (D) $1,000,000,000, to remain available
17 until September 30, 2027, to carry out the pro-
18 gram of grants to localities described in sub-
19 section (i)(2) in fiscal year 2026; and
20 (E) $1,000,000,000, to remain available
21 until September 30, 2027, to carry out the pro-
22 gram of grants to localities described in sub-
23 section (i)(2) in fiscal year 2027.
24 (5) HEAD START EXPANSION IN NONPARTICI-
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1 available, there is appropriated to the Department of
2 Health and Human Services for fiscal year 2022,
3 out of any money in the Treasury not otherwise ap-
4 propriated—
5 (A) $3,000,000,000, to remain available
6 until September 30, 2027, to carry out the pro-
7 gram of awards to Head Start agencies de-
8 scribed in subsection (i)(3) in fiscal year 2023;
9 (B) $3,000,000,000, to remain available
10 until September 30, 2027, to carry out the pro-
11 gram of awards to Head Start agencies de-
12 scribed in subsection (i)(3) in fiscal year 2024;
13 (C) $3,000,000,000, to remain available
14 until September 30, 2027, to carry out the pro-
15 gram of awards to Head Start agencies de-
16 scribed in subsection (i)(3) in fiscal year 2025;
17 (D) $3,000,000,000, to remain available
18 until September 30, 2027, to carry out the pro-
19 gram of awards to Head Start agencies de-
20 scribed in subsection (i)(3) in fiscal year 2026;
21 and
22 (E) $3,000,000,000, to remain available
23 until September 30, 2027, to carry out the pro-
24 gram of awards to Head Start agencies de-
25 scribed in subsection (i)(3) in fiscal year 2027.
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1 (6) FEDERAL ADMINISTRATION.—
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1 each of fiscal years 2026 and 2027, an amount
2 equal to 1.06 percent of the prior year’s appro-
3 priation under paragraph (1)(B), to carry out
4 subsections (k) and (l).
5 (d) ESTABLISHMENT OF BIRTH THROUGH FIVE
6 CHILD CARE AND EARLY LEARNING ENTITLEMENT PRO-
7 GRAM.—
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1 child, shall be offered assistance for direct child care
2 services in accordance with and subject to the re-
3 quirements and limitations of this section.
4 (e) LEAD AGENCY.—The Governor of a State or the
5 head of a territory or Indian Tribe, desiring for the State,
6 territory, or Indian tribe or a related tribal organization
7 to receive a payment under this section, shall designate
8 a lead agency (such as a State agency or joint interagency
9 office) to administer the child care program carried out
10 under this section.
11 (f) APPLICATIONS AND STATE PLANS.—
12 (1) APPLICATION.—To be eligible to receive as-
13 sistance under this section, a State shall prepare
14 and submit to the Secretary for approval an applica-
15 tion containing a State plan that—
16 (A) for a transitional State plan, meets the
17 requirements under paragraph (3) and contains
18 such information as the Secretary may require,
19 to demonstrate the State will meet the require-
20 ments of this section; and
21 (B) for a full State plan, meets the re-
22 quirements under paragraph (4) and contains
23 that information.
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1 (2) PERIOD COVERED BY PLAN.—A State plan
2 contained in the application shall be designed to be
3 implemented—
4 (A) for a transitional State plan, during a
5 period of not more than 3 years; and
6 (B) for a full State plan, during a period
7 of not more than 3 years.
8 (3) REQUIREMENTS FOR TRANSITIONAL STATE
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1 a full State plan, submitted under paragraph (1)(B),
2 that includes, at a minimum, the following:
3 (A) PAYMENT RATES AND COST ESTI-
4 MATION.—
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1 (I) demonstrate that the State
2 has, after consulting with relevant en-
3 tities and stakeholders, developed and
4 uses a statistically valid and reliable
5 cost estimation model or cost study
6 for the payment rates for direct child
7 care services in the State that reflect
8 rates for providers at each of the tiers
9 of the State’s tiered system for meas-
10 uring the quality of eligible child care
11 providers described in subparagraph
12 (B), and variations in the cost of di-
13 rect child care services by geographic
14 area, type of provider, and age of
15 child, and the additional costs associ-
16 ated with providing inclusive care;
17 (II) certify that the State’s pay-
18 ment rates for direct child care serv-
19 ices for which assistance is provided
20 in accordance with this section—
21 (aa) are set in accordance
22 with the most recent estimates
23 from the most recent cost esti-
24 mation model or cost study under
25 subclause (I), so that providers
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1 at each tier of the tiered system
2 for measuring provider quality
3 described in subparagraph (B)
4 receive a payment that is suffi-
5 cient to meet the requirements of
6 such tier;
7 (bb) are set so as to provide
8 payments to providers not at the
9 top tier of the tiered system that
10 are sufficient to enable the pro-
11 viders to increase quality to meet
12 the requirements for the next
13 tier;
14 (cc) ensure adequate wages
15 for staff of child care providers
16 providing such direct child care
17 services that—
18 (AA) at a minimum,
19 provide a living wage for all
20 staff of such child care pro-
21 viders; and
22 (BB) are equivalent to
23 wages for elementary edu-
24 cators with similar creden-
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1 tials and experience in the
2 State; and
3 (dd) are adjusted on an an-
4 nual basis for cost of living in-
5 creases to ensure those payment
6 rates remain sufficient to meet
7 the requirements of this section;
8 and
9 (III) certify that the State will
10 update, not less often than once every
11 3 years, the cost estimation model or
12 cost study described in subclause (I).
13 (iii) PAYMENT PRACTICES.—Such
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1 assistance is made available under this section.
2 Such tiered system shall—
3 (i) include a set of standards, for de-
4 termining the tier of quality of a child care
5 provider, that—
6 (I) uses standards for a highest
7 tier that at a minimum are equivalent
8 to Head Start program performance
9 standards described in section
10 641A(a)(1)(B) of the Head Start Act
11 (42 U.S.C. 9836a(a)(1)(B)) or other
12 equivalent evidence-based standards
13 approved by the Secretary; and
14 (II) includes quality indicators
15 and thresholds that are appropriate
16 for child development in different
17 types of child care provider settings,
18 including child care centers and the
19 settings of family child care providers,
20 and are appropriate for providers
21 serving different age groups (includ-
22 ing mixed age groups) of children;
23 (ii) include a different set of stand-
24 ards that includes indicators, when appro-
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183
1 priate, for care during nontraditional hours
2 of operation; and
3 (iii) provide for sufficient resources
4 and supports for child care providers at
5 tiers lower than the highest tier to facili-
6 tate progression toward meeting higher
7 quality standards.
8 (C) ACHIEVING HIGH QUALITY FOR ALL
25 MENTS.—
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1 (i) IN GENERAL.—Except as provided
2 in clause (ii)(I), the State plan shall pro-
3 vide an assurance that the State will for
4 the period covered by the plan use a slid-
5 ing fee scale described in clause (ii) to de-
6 termine a copayment for a family receiving
7 assistance under this section (or, for a
8 family receiving part-time care, a reduced
9 copayment that is the proportionate
10 amount of the full copayment).
11 (ii) SLIDING FEE SCALE.—A full co-
12 payment described in clause (i) shall use a
13 sliding fee scale that provides that, for a
14 family with a family income—
15 (I) of not more than 75 percent
16 of State median income for a family
17 of the same size, the family shall not
18 pay a copayment, toward the cost of
19 the child care involved for all eligible
20 children in the family;
21 (II) of more than 75 percent but
22 not more than 100 percent of State
23 median income for a family of the
24 same size, the copayment shall be
25 more than 0 but not more than 2 per-
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185
1 cent of that family income, toward
2 such cost for all such children;
3 (III) of more than 100 percent
4 but not more than 125 percent of
5 State median income for a family of
6 the same size, the copayment shall be
7 more than 2 but not more than 4 per-
8 cent of that family income, toward
9 such cost for all such children;
10 (IV) of more than 125 percent
11 but not more than 150 percent of
12 State median income for a family of
13 the same size, the copayment shall be
14 more than 4 but not more than 7 per-
15 cent of that family income, toward
16 such cost for all such children; and
17 (V) of more than 150 percent but
18 not more than 250 percent of the
19 State median income for a family of
20 the same size, the copayment shall be
21 7 percent of that family income, to-
22 ward such cost for all such children.
23 (F) PROHIBITION ON CHARGING MORE
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186
1 provider receiving financial assistance under
2 this section to charge, for child care for an eli-
3 gible child, more than the total of—
4 (i) the financial assistance provided
5 for the child under this section; and
6 (ii) any applicable copayment pursu-
7 ant to subparagraph (E).
8 (G) ELIGIBILITY.—The State plan shall
9 assure that each child who receives assistance
10 under this section will be considered to meet all
11 eligibility requirements for such assistance, and
12 will receive such assistance, for not less than 12
13 months unless the child has aged out of the
14 program, and the child’s eligibility determina-
15 tion and redetermination, including any deter-
16 mination based on the State’s definition of eligi-
17 ble activities, shall be implemented in a manner
18 that supports child well-being and reduces bar-
19 riers to enrollment, including continuity of serv-
20 ices.
21 (H) POLICIES TO SUPPORT ACCESS TO
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187
1 in the State for underserved populations, in-
2 cluding at a minimum, low-income children,
3 children in underserved areas, infants and tod-
4 dlers, children with disabilities and infants and
5 toddlers with disabilities, children who are dual
6 language learners, and children who receive
7 care during nontraditional hours.
8 (I) POLICIES.—The State plan shall in-
9 clude a certification that the State will apply,
10 under this section, the policies and procedures
11 described in subparagraphs (A), (B), (I), (J),
12 (K)(i), (R), and (U) of section 658E(c)(2) of
13 the Child Care and Development Block Grant
14 Act of 1990 (42 U.S.C. 9858c(c)(2)), and the
15 policies and procedures described in section
16 658H of such Act (42 U.S.C. 9858f), to child
17 care services provided under this section.
18 (J) LICENSING.—The State plan shall
19 demonstrate that the State has consulted or will
20 consult with organizations (including labor or-
21 ganizations) representing child care directors,
22 teachers, or other staff, early childhood edu-
23 cation and development experts, and families to
24 develop, within 3 years after receiving funds
25 under this section, licensing standards appro-
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1 priate for child care providers and a pathway to
2 such licensure that is available to and appro-
3 priate for child care providers in a variety of
4 settings, that will offer providers eligible under
5 the Child Care and Development Block Grant
6 Act of 1990 a reasonable pathway to become el-
7 igible providers under this section, and that will
8 assure an adequate supply of child care.
9 (g) PAYMENTS.—
10 (1) TRANSITION PAYMENTS FOR FISCAL YEARS
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189
1 under subsection (f) in the same manner as the
2 Secretary makes such allotments using the for-
3 mula under section 658O(b) of the Child Care
4 and Development Block Grant Act of 1990 (42
5 U.S.C. 9858n(b)).
6 (C) PAYMENTS.—
7 (i) INDIAN TRIBES AND TRIBAL ORGA-
8 NIZATIONS.—
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190
1 (II) APPLICATIONS.—An Indian
2 Tribe or Tribal organization seeking a
3 payment under this clause shall sub-
4 mit an application to the Secretary at
5 such time, in such manner, and con-
6 taining such information as the Sec-
7 retary may specify, including the
8 agreement described in subsection
9 (j)(7).
10 (III) SPECIAL RULE.—The Sec-
11 retary shall determine eligibility cri-
12 teria for children from Indian tribes.
13 (ii) TERRITORIES.—
14 (I) IN GENERAL.—For each of
15 fiscal years 2022 through 2024, from
16 the amount appropriated for terri-
17 tories under subsection (c)(3)(A), the
18 Secretary shall make payments to the
19 territories with an application ap-
20 proved under subclause (II), and the
21 territories shall be entitled to such
22 payments, for the purpose of carrying
23 out the child care program described
24 in this section, consistent, to the ex-
25 tent practicable as determined by the
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191
1 Secretary, with the requirements ap-
2 plicable to States.
3 (II) APPLICATIONS.—A territory
4 seeking a payment under this clause
5 shall submit an application to the Sec-
6 retary at such time, in such manner,
7 and containing such information as
8 the Secretary may specify, including
9 the agreement described in subsection
10 (j)(7).
11 (iii) STATES.—For each of fiscal years
12 2022 through 2024, each State that has
13 an application approved under subsection
14 (f) shall be entitled to a payment under
15 this clause in the amount equal to its allot-
16 ment under subparagraph (B) for such fis-
17 cal year.
18 (D) AUTHORITIES.—Notwithstanding any
19 other provision of this paragraph, for each of
20 fiscal years 2022 through 2024, the Secretary
21 shall have the authority to reallot funds that
22 were allotted under subparagraph (B) from any
23 State without an approved application under
24 subsection (f), Indian Tribe or Tribal organiza-
25 tion without an approved application under sub-
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192
1 paragraph (C)(i)(II), and any territory without
2 an approved application under subparagraph
3 (C)(ii)(II) by the date required by the Sec-
4 retary, to States with an approved application
5 under that subsection, to Tribes or Tribal orga-
6 nizations with an approved application under
7 subparagraph (C)(i)(II), and to territories with
8 an approved application under subparagraph
9 (C)(ii)(II).
10 (2) PAYMENTS FOR FISCAL YEARS 2025
11 THROUGH 2027.—
15 GIBLE CHILDREN.—
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1 subsection (h)(2)(B) for eligible chil-
2 dren.
3 (II) EXCEPTION.—Funds re-
4 served from the total under subsection
5 (h)(2)(C) shall be subject to clause
6 (ii).
7 (III) PROHIBITION.—Activities
8 described in clause (ii) and clause (iii)
9 may not be included in the cost of di-
10 rect child care services described in
11 this clause.
12 (ii) ACTIVITIES TO IMPROVE THE
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1 (iii) ADMINISTRATION.—The Sec-
2 retary shall pay to each State with such an
3 approved application, and that State shall
4 be entitled to, an amount equal to 53.022
5 percent of expenditures (which shall be the
6 Federal share of such expenditures) for the
7 costs of administration incurred by the
8 State—
9 (I) which shall include costs in-
10 curred by the State in carrying out
11 the child care program established in
12 this section; and
13 (II) which may include, at the
14 option of the State, costs associated
15 with carrying out requirements, poli-
16 cies, and procedures described in sec-
17 tion 658H of the Child Care and De-
18 velopment Block Grant Act of 1990
19 (42 U.S.C. 9858f).
20 (B) ADVANCE PAYMENT; RETROSPECTIVE
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1 tion as the Secretary may find necessary, and
2 shall reduce or increase the payments as nec-
3 essary to adjust for any overpayment or under-
4 payment for previous periods. No interest shall
5 be charged or paid on any amount due because
6 of an overpayment or underpayment for pre-
7 vious periods.
8 (C) TERRITORIES AND TRIBES.—For each
9 of fiscal years 2025 through 2027, from the
10 amounts appropriated under paragraph (2)(B)
11 or (3)(B) of subsection (c) the Secretary shall
12 make payments to territories, and Indian
13 Tribes and Tribal organizations, as the case
14 may be, with applications submitted as de-
15 scribed in paragraph (1), and approved by the
16 Secretary for the purpose of carrying out the
17 child care program described in this section,
18 consistent, to the extent practicable as deter-
19 mined by the Secretary (subject to subsection
20 (d)(2)), with the requirements applicable to
21 States. Each entity that is such a territory, In-
22 dian Tribe, or Tribal organization shall be enti-
23 tled to such a payment as may be necessary to
24 carry out the activities described in subsection
25 (h)(2), and to pay for the costs of administra-
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1 tion incurred by the entity, which shall include
2 costs incurred by the entity in carrying out the
3 child care program, and which may include, at
4 the option of the entity, costs associated with
5 carrying out requirements, policies, and proce-
6 dures described in section 658H of the Child
7 Care and Development Block Grant Act of
8 1990.
9 (h) USE OF FUNDS.—
10 (1) USE OF FUNDS FOR TRANSITION YEARS.—
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1 to support increased wages for staff of
2 eligible child care providers; and
3 (III) waiving or reducing copay-
4 ments, to ensure that the families of
5 children receiving assistance under
6 this section do not pay more than 7
7 percent of family income toward the
8 cost of the child care involved for all
9 eligible children in the family;
10 (ii) activities described in paragraph
11 (2)(C); and
12 (iii) activities described in subsection
13 (g)(2)(A)(iii).
14 (B) ACTIVITIES.—A State that receives an
15 amount through the payments for a fiscal year
16 for activities described in subparagraph (A)(iii),
17 and uses only part of that amount for those ac-
18 tivities, shall use the remainder for activities
19 described in clause (i) or (ii) of subparagraph
20 (A) for that fiscal year.
21 (C) SPECIAL RULE.—
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198
1 (I) who meets the requirements
2 of subparagraphs (A), (B), and (D) of
3 subsection (b)(4); and
4 (II) whose family income, for the
5 fiscal year, exceeds the percentage
6 specified in subsection (b)(4)(C) (but
7 does not exceed 250 percent) of State
8 median income for a family of the
9 same size for that fiscal year.
10 (ii) RULE.—A State may use the pay-
11 ments under subsection (g)(1) for fiscal
12 year 2022, 2023, or 2024, to provide di-
13 rect child care services described in sub-
14 paragraph (A)(i) to covered children if the
15 State has appropriately prioritized enroll-
16 ment to receive such services based on
17 family income, as determined by the Sec-
18 retary. A child who is eligible to receive
19 such services under this subparagraph
20 shall be treated as an eligible child for the
21 other provisions of this section.
22 (2) USE OF FUNDS FOR FISCAL YEARS 2025
23 THROUGH 2027.—
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1 State under subsection (g)(2) for direct child
2 care services (provided on a sliding fee scale
3 basis), activities to improve the quality and sup-
4 ply of child care services consistent with para-
5 graph (C), and State administration consistent
6 with subsection (g)(2)(A)(iii).
7 (B) CHILD CARE ASSISTANCE FOR ELIGI-
8 BLE CHILDREN.—
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1 (I) support providers’ operating
2 expenses to meet and sustain health,
3 safety, quality, and wage standards
4 required under this section; and
5 (II) address underserved popu-
6 lations described in subsection
7 (f)(4)(H).
8 (iii) CERTIFICATES.—The State shall
9 issue a child care certificate directly to a
10 parent who shall use such certificate only
11 as payment for direct child care services or
12 as a deposit for direct child care services if
13 such a deposit is required of other children
14 being cared for by the provider, consistent
15 with the requirements under this section.
16 (C) ACTIVITIES TO IMPROVE THE QUALITY
19 TIES.—
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1 than 5 percent and not more than 10
2 percent of the amount made available
3 to the State through such payments
4 for the previous fiscal year.
5 (II) USE OF QUALITY CHILD
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1 (aa) directly by the lead
2 agency; or
3 (bb) through other State
4 government agencies, local or re-
5 gional child care resource and re-
6 ferral organizations, community
7 development financial institu-
8 tions, other intermediaries with
9 experience supporting child care
10 providers, or other appropriate
11 entities that enter into a contract
12 with the State to provide such
13 assistance.
14 (ii) ACTIVITIES.—Activities funded
15 under the quality child care amount de-
16 scribed in clause (i) shall include each of
17 the following:
18 (I) STARTUP GRANTS AND SUP-
20 (aa) IN GENERAL.—From a
21 portion of the quality child care
22 amount, a State shall make start-
23 up and supply expansion grants
24 to support child care providers
25 who are providing, or seeking to
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1 provide, child care services to
2 children receiving assistance
3 under this section, with priority
4 for providers providing or seeking
5 to provide child care in under-
6 served communities and for un-
7 derserved populations identified
8 in subsection (f)(4)(H), to—
9 (AA) support startup
10 and expansion costs; and
11 (BB) assist such pro-
12 viders in meeting health and
13 safety requirements, achiev-
14 ing licensure, and meeting
15 requirements in the State’s
16 tiered system for measuring
17 the quality of eligible child
18 care providers.
19 (bb) REQUIREMENT.—As a
20 condition of receiving a startup
21 or supply expansion grant under
22 this subclause, a child care pro-
23 vider shall commit to meeting the
24 requirements of an eligible pro-
25 vider under this section, and pro-
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1 viding child care services to chil-
2 dren receiving assistance under
3 this section on an ongoing basis.
4 (II) QUALITY GRANTS.—From a
5 portion of the quality child care
6 amount, a State shall provide quality
7 grants to support eligible child care
8 providers in providing child care serv-
9 ices to children receiving assistance
10 under this section to improve the
11 quality of such providers, including—
12 (aa) supporting such pro-
13 viders in meeting or making
14 progress toward the requirements
15 for the highest tier of the State’s
16 tiered system for measuring the
17 quality of eligible child care pro-
18 viders under subsection (f)(4)(B);
19 and
20 (bb) supporting such pro-
21 viders in sustaining child care
22 quality, including supporting in-
23 creased wages for staff and sup-
24 porting payment of fixed costs.
25 (III) FACILITIES GRANTS.—
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1 (aa) IN GENERAL.—From a
2 portion of the quality child care
3 amount, a State shall provide
4 support, including through
5 awarding facilities grants, for re-
6 modeling, renovation, or repair of
7 a building or facility to the ex-
8 tent permitted under section
9 658F(b) of the Child Care and
10 Development Block Grant Act of
11 1990 (42 U.S.C. 9858).
12 (bb) ADDITIONAL USES.—
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1 of privately-owned family
2 child care homes under this
3 subclause.
4 (BB) Eligible child care
5 providers may not use funds
6 for buildings or facilities
7 that are used primarily for
8 sectarian instruction or reli-
9 gious worship.
10 (CC) The Secretary
11 shall develop parameters on
12 the use of funds under this
13 subclause for family child
14 care homes.
15 (DD) The Secretary
16 shall not retain Federal in-
17 terest after a period of 10
18 years in any facility built,
19 renovated, or repaired with
20 funds awarded under this
21 subclause.
22 (IV) LIMITATION.—For purposes
23 of subclause (III), the Secretary shall
24 not—
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1 (aa) enter into any agree-
2 ment related to funds for activi-
3 ties carried out under subclause
4 (III)—
5 (AA) that is for a term
6 extending beyond September
7 30, 2031; and
8 (BB) under which any
9 payment could be outlaid
10 after September 30, 2031;
11 or
12 (bb) use any other funds
13 available to the Secretary, other
14 than funds provided under this
15 section, to satisfy obligations ini-
16 tially made for activities carried
17 out under subclause (III).
18 (V) STATE ACTIVITIES TO IM-
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1 (aa) supporting the training
2 and professional development of
3 the early childhood workforce, in-
4 cluding supporting degree attain-
5 ment and credentialing for early
6 childhood educators;
7 (bb) developing, imple-
8 menting, or enhancing the
9 State’s tiered system for meas-
10 uring the quality of eligible child
11 care providers under subsection
12 (f)(4)(B);
13 (cc) improving the supply
14 and quality of developmentally
15 appropriate and inclusive child
16 care programs and services for
17 underserved populations de-
18 scribed in subsection (f)(4)(H);
19 and
20 (dd) improving access to
21 child care services for children
22 experiencing homelessness and
23 children in foster care.
24 (VI) TECHNICAL ASSISTANCE.—
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1 care amount, the State shall provide
2 technical assistance to increase the
3 supply and quality of eligible child
4 care providers who are providing, or
5 seeking to provide, child care services
6 to children receiving assistance under
7 this section, including providing sup-
8 port to enable providers to achieve li-
9 censure.
10 (i) GRANTS TO LOCALITIES AND AWARDS TO HEAD
11 START PROGRAMS.—
12 (1) ELIGIBLE LOCALITY DEFINED.—In this
13 subsection, the term ‘‘eligible locality’’ means a city,
14 county, or other unit of general local government.
15 (2) GRANTS TO LOCALITIES.—
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1 (i) POVERTY LINE DEFINED.—In this
2 subparagraph, the term ‘‘poverty line’’
3 means the poverty line defined and revised
4 as described in section 673 of the Commu-
5 nity Services Block Grant Act (42 U.S.C.
6 9902).
7 (ii) GENERAL AUTHORITY.—For each
8 State described in subparagraph (A), the
9 Secretary shall allot for the State for a fis-
10 cal year an amount that bears the same re-
11 lationship to the funds appropriated under
12 subsection (c)(4) for the fiscal year as the
13 number of children from families with fam-
14 ily incomes that are below 200 percent of
15 the poverty line, and who are under the
16 age of 6, in the State bears to the total
17 number of all such children in all States
18 described in subparagraph (A).
19 (C) APPLICATION.—To receive a grant
20 from the corresponding State allotment under
21 subparagraph (B), an eligible locality shall sub-
22 mit an application to the Secretary at such
23 time, in such manner, and containing such in-
24 formation as the Secretary may require. The re-
25 quirements for the application shall, to the
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1 greatest extent practicable, be consistent with
2 the State plan requirements applicable to States
3 under subsection (f).
4 (D) REQUIREMENTS.—The Secretary shall
5 specify the requirements for an eligible locality
6 to provide access to child care, which child care
7 requirements shall, to the greatest extent prac-
8 ticable, be consistent with the requirements ap-
9 plicable to States under this section.
10 (E) RECOUPMENT OF UNUSED FUNDS.—
19 PATING STATES.—
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1 considered sufficient, then the Secretary shall
2 use funds appropriated under subsection (c)(5)
3 to make an award to a Head Start agency to
4 carry out the purposes of the Head Start Act
5 in that area.
6 (B) RULE.—For purposes of carrying out
7 the Head Start Act in circumstances not involv-
8 ing awards under this paragraph, funds award-
9 ed under subparagraph (A) shall not be in-
10 cluded in the calculation of a ‘‘base grant’’ as
11 such term is defined in section 640(a)(7)(A) of
12 the Head Start Act (42 U.S.C. 9835(a)(7)(A)).
13 (4) PRIORITY FOR SERVING UNDERSERVED
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1 (B) Title VI of the Civil Rights Act of
2 1964.
3 (C) Section 504 of the Rehabilitation Act
4 of 1973.
5 (D) The Americans with Disabilities Act of
6 1990.
7 (E) Section 654 of the Head Start Act.
8 (2) PROHIBITION ON ADDITIONAL ELIGIBILITY
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1 for purposes of meeting the requirement to pro-
2 vide a non-Federal share under clause (i), (ii),
3 or (iii), as appropriate, of subsection (g)(2)(A).
4 (4) SUPPLEMENT NOT SUPPLANT.—Funds re-
5 ceived under this section shall be used to supplement
6 and not supplant other Federal, State, and local
7 public funds expended to provide child care services
8 in the State.
9 (5) ALLOWABLE SOURCES OF NON-FEDERAL
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1 subsection (g)(2)(A)(ii), and administration de-
2 scribed in subsection (g)(2)(A)(iii)—
3 (i) shall not include contributions
4 being used as a non-Federal share or
5 match for another Federal award;
6 (ii) shall be provided from State or
7 local sources, contributions from philan-
8 thropy or other private organizations, or a
9 combination of such sources and contribu-
10 tions; and
11 (iii) may be in cash or in kind, fairly
12 evaluated, including facilities or property,
13 equipment, or services.
14 (6) INFORMATION FOR DETERMINATIONS.—For
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1 begin to provide the reports beginning not later than
2 60 days after its initial receipt of a payment under
3 subsection (g)(1).
4 (k) MONITORING AND ENFORCEMENT.—
5 (1) REVIEW OF COMPLIANCE WITH REQUIRE-
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1 through the use of grants or cooperative agreements) tech-
2 nical assistance to States, territories, Indian Tribes, and
3 Tribal organizations, and shall carry out research, and
4 evaluations related to this section.
5 (m) TRANSITION PROVISIONS.—
6 (1) TREATMENT OF CHILD CARE AND DEVEL-
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1 (3) TRANSITION PROCEDURES.—The Secretary
2 is authorized to institute procedures for imple-
3 menting this section, including issuing guidance for
4 States receiving funds under subsection (g)(1).
5 SEC. 23002. UNIVERSAL PRESCHOOL.
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1 ing 2 or more languages at the same time, or a child
2 who is learning a second language while continuing
3 to develop the child’s first language.
4 (5) ELIGIBLE CHILD.—The term ‘‘eligible
5 child’’ means a child who is age 3 or 4, on the date
6 established by the applicable local educational agen-
7 cy for kindergarten entry.
8 (6) ELIGIBLE PROVIDER.—The term ‘‘eligible
9 provider’’ means—
10 (A) a local educational agency, acting
11 alone or in a consortium or in collaboration
12 with an educational service agency (as defined
13 in section 8101 of the Elementary and Sec-
14 ondary Education Act of 1965 (20 U.S.C.
15 7801)), that is licensed by the State or meets
16 comparable health and safety standards;
17 (B) a Head Start agency or delegate agen-
18 cy funded under the Head Start Act;
19 (C) a licensed center-based child care pro-
20 vider, licensed family child care provider, or
21 community– or neighborhood–based network of
22 licensed family child care providers; or
23 (D) a consortium of entities described in
24 any of subparagraphs (A), (B), and (C).
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1 (7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
2 has the meaning given the term in section 4 of the
3 Indian Self-Determination and Education Assistance
4 Act (25 U.S.C. 5304).
5 (8) LOCAL EDUCATIONAL AGENCY.—The term
6 ‘‘local educational agency’’ has the meaning given
7 the term in section 8101 of the Elementary and Sec-
8 ondary Education Act of 1965 (20 U.S.C. 7801).
9 (9) POVERTY LINE.—The term ‘‘poverty line’’
10 means the poverty line defined and revised as de-
11 scribed in section 673 of the Community Services
12 Block Grant Act (42 U.S.C. 9902).
13 (10) SECRETARY.—The term ‘‘Secretary’’
14 means the Secretary of Health and Human Services.
15 (11) STATE.—The term ‘‘State’’ means each of
16 the several States and the District of Columbia.
17 (12) TERRITORY.—The term ‘‘territory’’ means
18 each of the Commonwealth of Puerto Rico, the
19 United States Virgin Islands, Guam, American
20 Samoa, and the Commonwealth of the Northern
21 Mariana Islands.
22 (13) TRIBAL ORGANIZATION.—The term ‘‘Trib-
23 al organization’’ has the meaning given the term
24 ‘‘tribal organization’’ in section 658P of the Child
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1 Care and Development Block Grant Act of 1990 (42
2 U.S.C. 9858n).
3 (b) UNIVERSAL PRESCHOOL.—
4 (1) APPROPRIATIONS FOR STATES.—
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1 (B) ADDITIONAL APPROPRIATIONS.—In
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1 for activities described in this section in fiscal
2 years 2022 through 2027;
3 (C) $300,000,000 for carrying out pay-
4 ments to eligible local entities that serve chil-
5 dren in families who are engaged in migrant or
6 seasonal agricultural labor, for activities de-
7 scribed in this section, in fiscal years 2022
8 through 2027;
9 (D)(i) $165,000,000, to remain available
10 until September 30, 2027, for carrying out
11 Federal activities to support the activities fund-
12 ed under this section, including administration,
13 monitoring, technical assistance, and research,
14 in fiscal year 2022;
15 (ii) $200,000,000 to remain available until
16 September 30, 2027, for carrying out Federal
17 activities to support the activities funded under
18 this section, including administration, moni-
19 toring, technical assistance, and research, in fis-
20 cal year 2023;
21 (iii) $200,000,000, to remain available
22 until September 30, 2027, for carrying out
23 Federal activities to support the activities fund-
24 ed under this section, including administration,
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1 monitoring, technical assistance, and research,
2 in fiscal year 2024;
3 (iv) $208,000,000, to remain available
4 until September 30, 2027, for carrying out
5 Federal activities to support the activities fund-
6 ed under this section, including administration,
7 monitoring, technical assistance, and research,
8 in fiscal year 2025;
9 (v) $212,000,000, to remain available until
10 September 30, 2027, for carrying out Federal
11 activities to support the activities funded under
12 this section, including administration, moni-
13 toring, technical assistance, and research, in fis-
14 cal year 2026; and
15 (vi) $216,000,000, to remain available
16 until September 30, 2027, for carrying out
17 Federal activities to support the activities fund-
18 ed under this section, including administration,
19 monitoring, technical assistance, and research,
20 in fiscal year 2027;
21 (E)(i) $2,500,000,000, to remain available
22 until September 30, 2027, to improve com-
23 pensation of Head Start staff consistent with
24 subparagraphs (A)(i) and (B)(viii) of section
25 640(a)(5) of the Head Start Act (42 U.S.C.
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1 9835(a)(5)), notwithstanding section 653(a) of
2 such Act (42 U.S.C. 9848(a)), in fiscal year
3 2022;
4 (ii) $2,500,000,000, to remain available
5 until September 30, 2027, to improve com-
6 pensation of Head Start staff consistent with
7 subparagraphs (A)(i) and (B)(viii) of section
8 640(a)(5) of the Head Start Act (42 U.S.C.
9 9835(a)(5)), notwithstanding section 653(a) of
10 such Act (42 U.S.C. 9848(a)), in fiscal year
11 2023;
12 (iii) $2,500,000,000, to remain available
13 until September 30, 2027, to improve com-
14 pensation of Head Start staff consistent with
15 subparagraphs (A)(i) and (B)(viii) of section
16 640(a)(5) of the Head Start Act (42 U.S.C.
17 9835(a)(5)), notwithstanding section 653(a) of
18 such Act (42 U.S.C. 9848(a)), in fiscal year
19 2024;
20 (iv) $2,500,000,000, to remain available
21 until September 30, 2027, to improve com-
22 pensation of Head Start staff consistent with
23 subparagraphs (A)(i) and (B)(viii) of section
24 640(a)(5) of the Head Start Act (42 U.S.C.
25 9835(a)(5)), notwithstanding section 653(a) of
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1 such Act (42 U.S.C. 9848(a)), in fiscal year
2 2025;
3 (v) $2,500,000,000, to remain available
4 until September 30, 2027, to improve com-
5 pensation of Head Start staff consistent with
6 subparagraphs (A)(i) and (B)(viii) of section
7 640(a)(5) of the Head Start Act (42 U.S.C.
8 9835(a)(5)), notwithstanding section 653(a) of
9 such Act (42 U.S.C. 9848(a)), in fiscal year
10 2026; and
11 (vi) $2,500,000,000, to remain available
12 until September 30, 2027, to improve com-
13 pensation of Head Start staff consistent with
14 subparagraphs (A)(i) and (B)(viii) of section
15 640(a)(5) of the Head Start Act (42 U.S.C.
16 9835(a)(5)), notwithstanding section 653(a) of
17 such Act (42 U.S.C. 9848(a)), in fiscal year
18 2027;
19 (F)(i) $2,000,000,000, to remain available
20 until September 30, 2027, to carry out the pro-
21 gram of grants to localities described in sub-
22 section (e)(2) in fiscal year 2023;
23 (ii) $2,000,000,000, to remain available
24 until September 30, 2027, to carry out the pro-
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1 gram of grants to localities described in sub-
2 section (e)(2) in fiscal year 2024;
3 (iii) $2,000,000,000, to remain available
4 until September 30, 2027, to carry out the pro-
5 gram of grants to localities described in sub-
6 section (e)(2) in fiscal year 2025;
7 (iv) $2,000,000,000, to remain available
8 until September 30, 2027, to carry out the pro-
9 gram of grants to localities described in sub-
10 section (e)(2) in fiscal year 2026; and
11 (v) $2,000,000,000, to remain available
12 until September 30, 2027, to carry out the pro-
13 gram of grants to localities described in sub-
14 section (e)(2) in fiscal year 2027; and
15 (G)(i) $2,000,000,000, to remain available
16 until September 30, 2027, to carry out the pro-
17 gram of awards to Head Start agencies de-
18 scribed in subsection (e)(3) in fiscal year 2023;
19 (ii) $2,000,000,000, to remain available
20 until September 30, 2027, to carry out the pro-
21 gram of awards to Head Start agencies de-
22 scribed in subsection (e)(3) in fiscal year 2024;
23 (iii) $2,000,000,000, to remain available
24 until September 30, 2027, to carry out the pro-
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1 gram of awards to Head Start agencies de-
2 scribed in subsection (e)(3) in fiscal year 2025;
3 (iv) $2,000,000,000, to remain available
4 until September 30, 2027, to carry out the pro-
5 gram of awards to Head Start agencies de-
6 scribed in subsection (e)(3) in fiscal year 2026;
7 and
8 (v) $2,000,000,000, to remain available
9 until September 30, 2027, to carry out the pro-
10 gram of awards to Head Start agencies de-
11 scribed in subsection (e)(3) in fiscal year 2027.
12 (c) PAYMENTS FOR STATE UNIVERSAL PRESCHOOL
13 SERVICES.—
14 (1) IN GENERAL.—A State that has submitted,
15 and had approved by the Secretary, the State plan
16 described in paragraph (5) is entitled to a payment
17 under this subsection.
18 (2) PAYMENTS TO STATES.—
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1 (5) or transitional State plan under paragraph
2 (7) that is approved for a period including that
3 fiscal year, an amount for the purpose of pro-
4 viding grants to eligible providers to provide
5 high-quality preschool, using a formula that
6 considers—
7 (i) the proportion of the number of
8 children who are below the age of 6 and
9 whose families have a family income at or
10 below 200 percent of the poverty line for
11 the most recent year for which satisfactory
12 data are available, residing in the State, as
13 compared to the number of such children,
14 who reside in all States with approved
15 plans for the fiscal year for which the al-
16 lotment is being made; and
17 (ii) the existing Federal preschool in-
18 vestments in the State under the Head
19 Start Act, as of the date of the allotment.
20 (B) PAYMENTS FOR FISCAL YEARS 2025
21 THROUGH 2027.—
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1 approved State plan under paragraph (5),
2 an amount for that year equal to—
3 (I) 95.440 percent of the State’s
4 expenditures in the year for preschool
5 services provided under subsection
6 (d), for fiscal year 2025;
7 (II) 79.534 percent of the State’s
8 expenditures in the year for such pre-
9 school services, for fiscal year 2026;
10 and
11 (III) 63.627 percent of the
12 State’s expenditures in the year for
13 such preschool services, for fiscal year
14 2027.
15 (ii) STATE ACTIVITIES.—The Sec-
16 retary shall pay to each State with an ap-
17 proved State plan under paragraph (5) an
18 amount for a fiscal year equal to 53.022
19 percent of the amount of the State’s ex-
20 penditures for the activities described in
21 paragraph (3), except that in no case shall
22 a payment for a fiscal year under this
23 clause exceed the amount equal to 10 per-
24 cent of the State’s expenditures described
25 in clause (i) for such fiscal year.
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1 (iii) NON-FEDERAL SHARE.—The re-
2 mainder of the cost paid by the State for
3 preschool services, that is not provided
4 under clause (i), shall be considered the
5 non-Federal share of the cost of those
6 services. The remainder of the cost paid by
7 the State for State activities, that is not
8 provided under clause (ii), shall be consid-
9 ered the non-Federal share of the cost of
10 those activities.
11 (iv) ADVANCE PAYMENT; RETROSPEC-
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1 State without an approved State plan under
2 paragraph (5) by the date required by the Sec-
3 retary, to States with an approved application
4 under that paragraph.
5 (3) STATE ACTIVITIES.—A State that receives a
6 payment under paragraph (2) shall carry out all of
7 the following activities:
8 (A) State administration of the State pre-
9 school program described in this section.
10 (B) Supporting a continuous quality im-
11 provement system for providers of preschool
12 services participating, or seeking to participate,
13 in the State preschool program, through the use
14 of data, researching, monitoring, training, tech-
15 nical assistance, professional development, and
16 coaching.
17 (C) Providing outreach and enrollment
18 support for families of eligible children.
19 (D) Supporting data systems building.
20 (E) Supporting staff of eligible providers
21 in pursuing credentials and degrees, including
22 baccalaureate degrees.
23 (F) Supporting activities that ensure ac-
24 cess to inclusive preschool programs for chil-
25 dren with disabilities.
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1 (G) Providing age-appropriate transpor-
2 tation services for children, which at a min-
3 imum shall include transportation services for
4 children experiencing homelessness and children
5 in foster care.
6 (H) Conducting or updating a statewide
7 needs assessment of access to high-quality pre-
8 school services.
9 (4) LEAD AGENCY.—The Governor of a State
10 desiring to receive a payment under this subsection
11 shall designate a State lead agency (such as a State
12 agency or joint interagency office) for the adminis-
13 tration of the State preschool program under this
14 section.
15 (5) STATE PLAN.—In order to be eligible for
16 payments under this section, the Governor of a State
17 shall submit a State plan to the Secretary for ap-
18 proval by the Secretary, in collaboration with the
19 Secretary of Education, at such time, in such man-
20 ner, and containing such information as the Sec-
21 retary shall by rule require, that includes a plan for
22 achieving universal, high-quality, free, inclusive, and
23 mixed-delivery preschool services. Such plan shall in-
24 clude, at a minimum, each of the following:
25 (A) A certification that—
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1 (i) the State has in place develop-
2 mentally appropriate, evidence-based pre-
3 school standards that, at a minimum, are
4 as rigorous as the standards specified in
5 subparagraph (B) of section 641A(a)(1) of
6 the Head Start Act (42 U.S.C.
7 9836a(a)(1)) and include program stand-
8 ards for class sizes and ratios; and
9 (ii) the State will coordinate such
10 standards with other early learning stand-
11 ards in the State.
12 (B) An assurance that the State will en-
13 sure—
14 (i) all preschool services in the State
15 funded under this section will—
16 (I) be universally available to all
17 children in the State without any ad-
18 ditional eligibility requirements;
19 (II) be high-quality, free, and in-
20 clusive; and
21 (III) by not later than 1 year
22 after the State receives such funding,
23 meet the State’s preschool education
24 standards described in subparagraph
25 (A); and
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1 (ii) that the local preschool programs
2 in the State funded under this section
3 will—
4 (I) offer programming that meets
5 the duration requirements of at least
6 1,020 annual hours;
7 (II) adopt policies and practices
8 to conduct outreach and provide expe-
9 dited enrollment, including
10 prioritization, to—
11 (aa) children experiencing
12 homelessness;
13 (bb) children in foster care
14 or kinship care;
15 (cc) children in families who
16 are engaged in migrant or sea-
17 sonal agricultural labor;
18 (dd) children with disabil-
19 ities, including eligible children
20 who are served under part C of
21 the Individuals with Disabilities
22 Education Act; and
23 (ee) dual language learners;
24 (III) provide for salaries, and set
25 schedules for salaries, for staff of pro-
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1 viders in the State preschool program
2 that are equivalent to salaries of ele-
3 mentary school staff with similar cre-
4 dentials and experience;
5 (IV) at a minimum, provide a liv-
6 ing wage for all staff of such pro-
7 viders; and
8 (V) require educational qualifica-
9 tions for teachers in the preschool
10 program including, at a minimum, re-
11 quiring that lead teachers in the pre-
12 school program have a baccalaureate
13 degree in early childhood education or
14 a related field by not later than 6
15 years after the date on which the
16 State first receives funds under this
17 Act, except that—
18 (aa) subject to item (bb),
19 the requirements under this sub-
20 clause shall not apply to individ-
21 uals who were employed by an el-
22 igible provider or early education
23 program for a cumulative 3 of
24 the 5 years immediately pre-
25 ceding the date of enactment of
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1 this Act and have the necessary
2 content knowledge and teaching
3 skills for early childhood edu-
4 cators, as demonstrated through
5 measures determined by the
6 State; and
7 (bb) nothing in this section
8 shall require the State to lessen
9 State requirements for edu-
10 cational qualifications, in exist-
11 ence on the date of enactment of
12 this Act, to serve as a teacher in
13 a State preschool program.
14 (C) For States with existing publicly fund-
15 ed State preschool programs (as of the date of
16 submission of the State plan), a description of
17 how the State plans to use funding provided
18 under this section to ensure that such existing
19 programs in the State meet the requirements of
20 this section for a State preschool program.
21 (D) A description of how the State, in es-
22 tablishing and operating the State preschool
23 program supported under this section, will—
24 (i) support a mixed-delivery system
25 for any new slots funded under this sec-
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1 tion, including by facilitating the participa-
2 tion of Head Start programs and programs
3 offered by licensed child care providers;
4 (ii) ensure the State preschool pro-
5 gram does not disrupt the stability of in-
6 fant and toddler child care throughout the
7 State;
8 (iii) ensure adequate consultation with
9 the State Advisory Council on Early Child-
10 hood Education and Care designated or es-
11 tablished in section 642B(b)(1)(A)(i) of
12 the Head Start Act (42 U.S.C.
13 9837b(b)(1)(A)(i)) in the development of
14 its plan, including consultation in how the
15 State intends to distribute slots under
16 clause (v);
17 (iv) partner with Head Start agencies
18 to ensure the full utilization of Head Start
19 programs within the State; and
20 (v) distribute new preschool slots equi-
21 tably among child care (including family
22 child care) providers, Head Start agencies,
23 and schools within the State.
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1 (E) A certification that the State, in oper-
2 ating the program described in this section for
3 a fiscal year—
4 (i) will not reduce the total preschool
5 slots provided in State-funded preschool
6 programs from the number of such slots in
7 the previous fiscal year; or
8 (ii) if the number of eligible children
9 identified in the State declines from the
10 previous fiscal year, will maintain at least
11 the previous year’s ratio of the total pre-
12 school slots described in clause (i) to eligi-
13 ble children so identified.
14 (F) An assurance that the State will use
15 funding provided under this section to ensure
16 children with disabilities have access to and
17 participate in inclusive preschool programs con-
18 sistent with provisions in the Individuals with
19 Disabilities Education Act, and a description of
20 how the State will collaborate with entities car-
21 rying out programs under section 619 or part
22 C of the Individuals with Disabilities Education
23 Act, to support inclusive preschool programs.
24 (G) A certification that the State will sup-
25 port the continuous quality improvement of pro-
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1 grams providing preschool services under this
2 section, including support through technical as-
3 sistance, monitoring, and research.
4 (H) A certification that the State will en-
5 sure a highly qualified early childhood work-
6 force to support the requirements of this sec-
7 tion.
8 (I) An assurance that the State will meet
9 the requirements of clauses (ii) and (iii) of sec-
10 tion 658E(c)(2)(T) of the Child Care and De-
11 velopment Block Grant Act of 1990 (42 U.S.C.
12 9858c(c)(2)(T)), with respect to funding and
13 assessments under this section.
14 (J) A certification that subgrant and con-
15 tract amounts provided as described in sub-
16 section (d) will be sufficient to enable eligible
17 providers to meet the requirements of this sec-
18 tion, and will provide for increased payment
19 amounts based on the criteria described in sub-
20 clauses (III) and (IV) of subparagraph (B)(ii).
21 (K) An agreement to provide to the Sec-
22 retary such periodic reports, providing a de-
23 tailed accounting of the uses of funding re-
24 ceived under this section, as the Secretary may
25 require for the administration of this section.
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1 (6) DURATION OF THE PLAN.—Each State plan
2 shall remain in effect for a period of 3 years.
3 Amendments to the State plan shall remain in effect
4 for the duration of the plan.
5 (7) TRANSITIONAL STATE PLAN.—
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1 sive, and mixed-delivery preschool in
2 alignment with the requirements of
3 this section; and
4 (III) such data as the Secretary
5 may require on the provision of pre-
6 school services in the State.
7 (d) SUBGRANTS AND CONTRACTS FOR LOCAL PRE-
8 SCHOOL PROGRAMS.—
9 (1) SUBGRANTS AND CONTRACTS.—
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1 sufficient amount to enable the eligible provider
2 to operate a local preschool program that meets
3 the requirements of subsection (c)(5)(B), which
4 amount shall reflect variations in the cost of
5 preschool services by geographic area, type of
6 provider, and age of child, and the additional
7 costs associated with providing inclusive pre-
8 school services for children with disabilities.
9 (C) DURATION.—The State shall award a
10 subgrant or contract under this subsection for
11 a period of not less than 3 years, unless the
12 subgrant or contract is terminated or sus-
13 pended, or the subgrant period is reduced, for
14 cause.
15 (2) ENHANCED PAYMENTS FOR COMPREHEN-
25 PRESCHOOL PROGRAMS.—
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1 (A) ESTABLISHING AND EXPANDING UNI-
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1 high-need community so that a majority of
2 children in the community are offered such
3 preschool services before the State estab-
4 lishes and expands preschool services in
5 communities with lower levels of need.
6 (B) USE OF FUNDS.—Subgrants or con-
7 tracts awarded under subparagraph (A) shall be
8 used to enroll and serve children in such a local
9 preschool program involved, including by paying
10 the costs—
11 (i) of personnel (including classroom
12 and administrative personnel), including
13 compensation and benefits;
14 (ii) associated with implementing the
15 State’s preschool standards, providing cur-
16 riculum supports, and meeting early learn-
17 ing and development standards;
18 (iii) of professional development,
19 teacher supports, and training;
20 (iv) of implementing and meeting de-
21 velopmentally appropriate health and safe-
22 ty standards (including licensure, where
23 applicable), teacher to child ratios, and
24 group size maximums;
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1 (v) of materials, equipment, and sup-
2 plies; and
3 (vi) of rent or a mortgage, utilities,
4 building security, indoor and outdoor
5 maintenance, and insurance.
6 (4) ESTABLISHING AND EXPANDING UNIVERSAL
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1 (2) GRANTS TO LOCALITIES.—
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1 age of 6, in the State bears to the total number
2 of all such children in all States described in
3 subparagraph (A).
4 (C) APPLICATION.—To receive a grant
5 from the corresponding State allotment under
6 this subsection, an eligible locality shall submit
7 an application to the Secretary at such time, in
8 such manner, and containing such information
9 as the Secretary may require. The requirements
10 for the application shall, to the greatest extent
11 practicable, be consistent with the State plan
12 requirements applicable to States under this
13 section.
14 (D) RECOUPMENT OF UNUSED FUNDS.—
23 PATING STATES.—
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1 graph (2)(A) will not be adequately served
2 under this subsection, either because no eligible
3 locality applied to serve the area or because no
4 application submitted by an eligible locality was
5 considered sufficient, then the Secretary shall
6 use funds appropriated under subsection
7 (b)(2)(G) to make an award to a Head Start
8 agency to carry out the purposes of the Head
9 Start Act in that area.
10 (B) RULE.—For purposes of carrying out
11 the Head Start Act in circumstances not involv-
12 ing awards under this paragraph, funds award-
13 ed under subparagraph (A) shall not be in-
14 cluded in the calculation of a ‘‘base grant’’ as
15 such term is defined in section 640(a)(7)(A) of
16 the Head Start Act (42 U.S.C. 9835(a)(7)(A)).
17 (4) PRIORITY FOR SERVING UNDERSERVED
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1 (c)(2)(B)(iii), relating to a payment under subsection
2 (c)(2)(B), a State’s non-Federal share—
3 (1) may be in cash or in kind, fairly evaluated,
4 including facilities or property, equipment, or serv-
5 ices;
6 (2) shall include any increase in amounts spent
7 by the State to expand half-day kindergarten pro-
8 grams in the State, as of the day before the date of
9 enactment of this Act, into full-day kindergarten
10 programs;
11 (3) shall not include contributions being used as
12 a non-Federal share or match for another Federal
13 award;
14 (4) shall be provided from State or local
15 sources, contributions from philanthropy or other
16 private organizations, or a combination of such
17 sources and contributions; and
18 (5) shall count not more than 100 percent of
19 the State’s current spending on prekindergarten pro-
20 grams, calculated as the average amount of such
21 spending by the State for fiscal years 2019, 2020,
22 and 2021, toward the State’s non-Federal share.
23 (g) MAINTENANCE OF EFFORT.—
24 (1) IN GENERAL.—If a State reduces its com-
25 bined fiscal effort per child for the State preschool
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1 program (whether a publicly funded preschool pro-
2 gram or a program under this section) or through
3 State supplemental assistance funds for Head Start
4 programs assisted under the Head Start Act, or
5 through any State spending on preschool services for
6 any fiscal year that a State receives payments under
7 subsection (c)(2) (referred to in this paragraph as
8 the ‘‘reduction fiscal year’’) relative to the previous
9 fiscal year, the Secretary, in collaboration with the
10 Secretary of Education, shall reduce support for
11 such State under such subsection by the same
12 amount as the total reduction in that State fiscal ef-
13 fort for such reduction fiscal year.
14 (2) WAIVER.—The Secretary, in collaboration
15 with the Secretary of Education, may waive the re-
16 quirements of paragraph (1) if—
17 (A) the Secretaries determine that a waiv-
18 er would be appropriate due to a precipitous de-
19 cline in the financial resources of a State as a
20 result of unforeseen economic hardship, or a
21 natural disaster, that has necessitated across-
22 the-board reductions in State services during
23 the 5-year period preceding the date of the de-
24 termination, including for early childhood edu-
25 cation programs; or
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1 (B) due to the circumstance of a State re-
2 quiring reductions in specific programs, includ-
3 ing early childhood education programs, the
4 State presents to the Secretaries a justification
5 and demonstration why other programs could
6 not be reduced and how early childhood edu-
7 cation programs in the State will not be dis-
8 proportionately harmed by such State reduc-
9 tions.
10 (h) SUPPLEMENT NOT SUPPLANT.—Funds received
11 under this section shall be used to supplement and not
12 supplant other Federal, State, and local public funds ex-
13 pended on prekindergarten programs in the State on the
14 date of enactment of this Act.
15 (i) NONDISCRIMINATION PROVISIONS.—The fol-
16 lowing provisions of law shall apply to any program or ac-
17 tivity that receives funds provided under this section:
18 (1) Title IX of the Education Amendments of
19 1972.
20 (2) Title VI of the Civil Rights Act of 1964.
21 (3) Section 504 of the Rehabilitation Act of
22 1973.
23 (4) The Americans with Disabilities Act of
24 1990.
25 (5) Section 654 of the Head Start Act.
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1 (j) MONITORING AND ENFORCEMENT.—
2 (1) REVIEW OF COMPLIANCE WITH REQUIRE-
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1 School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is
2 amended to read as follows:
3 ‘‘(vii) MULTIPLIER.—
4 ‘‘(I) IMPLEMENTATION IN 2022–
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1 old shall be not more than 40 per-
2 cent.’’.
3 (b) STATEWIDE COMMUNITY ELIGIBILITY.—Section
4 11(a)(1)(F) of the Richard B. Russell National School
5 Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended by
6 adding at the end the following:
7 ‘‘(xiv) STATEWIDE COMMUNITY ELIGI-
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1 ble schools in the State regardless of
2 local educational agency.’’.
3 SEC. 24002. SUMMER ELECTRONIC BENEFITS TRANSFER
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1 demonstration program under section
2 749(g) of the Agriculture, Rural Develop-
3 ment, Food and Drug Administration, and
4 Related Agencies Appropriations Act, 2010
5 (Public Law 111–80; 123 Stat. 2132) dur-
6 ing calendar year 2018 using a WIC
7 model, summer EBT benefits issued pur-
8 suant to subsection (a) by such a State
9 may only be used by the eligible household
10 that receives such summer EBT benefits to
11 purchase—
12 ‘‘(I) supplemental foods from re-
13 tailers that have been approved for
14 participation in—
15 ‘‘(aa) the special supple-
16 mental nutrition program for
17 women, infants, and children
18 under section 17 of the Child
19 Nutrition Act of 1966 (42 U.S.C.
20 1786); or
21 ‘‘(bb) the program under
22 this section; or
23 ‘‘(II) food (as defined in section
24 3(k) of the Food and Nutrition Act of
25 2008 (7 U.S.C. 2012(k))) from retail
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1 food stores that have been approved
2 for participation in the supplemental
3 nutrition assistance program estab-
4 lished under such Act, in accordance
5 with section 9 of such Act (7 U.S.C.
6 2018).
7 ‘‘(ii) OTHER STATES.—Summer EBT
8 benefits issued pursuant to subsection (a)
9 by a State not described in clause (i) may
10 only be used by the eligible household that
11 receives such summer EBT benefits to
12 purchase food (as defined in section 3(k)
13 of the Food and Nutrition Act of 2008 (7
14 U.S.C. 2012(k))) from retail food stores
15 that have been approved for participation
16 in the supplemental nutrition assistance
17 program established under such Act, in ac-
18 cordance with section 9(b) of such Act (7
19 U.S.C. 2018) or retail food stores that
20 have been approved for participation in a
21 Department of Agriculture grant funded
22 nutrition assistance program in the Com-
23 monwealth of the Northern Mariana Is-
24 lands, Puerto Rico, or American Samoa.
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1 ‘‘(B) BENEFITS ISSUED BY COVERED IN-
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1 section 3(u) of the Food and Nutrition Act
2 of 2008 (7 U.S.C. 2012(u)) for the 12-
3 month period ending on November 30 of
4 the preceding calendar year; and
5 ‘‘(B) may be issued—
6 ‘‘(i) in the form of an EBT card; or
7 ‘‘(ii) through electronic delivery.
8 ‘‘(c) ENROLLMENT IN PROGRAM.—
9 ‘‘(1) STATE REQUIREMENTS.—States partici-
10 pating in the program under this section shall—
11 ‘‘(A) with respect to a summer, automati-
12 cally enroll eligible children in the program
13 under this section without further application;
14 and
15 ‘‘(B) require local educational agencies to
16 allow eligible households to opt out of participa-
17 tion in the program under this section and es-
18 tablish procedures for opting out of such par-
19 ticipation.
20 ‘‘(2) COVERED INDIAN TRIBAL ORGANIZATION
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1 ‘‘(d) IMPLEMENTATION GRANTS.—On and after Jan-
2 uary 1, 2022, the Secretary shall carry out a program to
3 make grants to States and covered Indian Tribal organiza-
4 tions to build capacity for implementing the program
5 under this section.
6 ‘‘(e) ALTERNATE PLANS IN THE CASE OF CONTIN-
7 UOUS SCHOOL CALENDAR.—The Secretary shall establish
8 an alternative method for determining the schedule and
9 number of days during which summer EBT benefits may
10 be issued pursuant to subsection (a) in the case of children
11 who are under a continuous school calendar.
12 ‘‘(f) FUNDING.—
13 ‘‘(1) PROGRAM FUNDING.—In addition to
14 amounts otherwise available, there is appropriated
15 for each of fiscal years 2022 through 2024, out of
16 any money in the Treasury not otherwise appro-
17 priated, such sums, to remain available for the 2-
18 year period following the date such amounts are
19 made available, as may be necessary to carry out
20 this section, including for administrative expenses
21 incurred by the Secretary, States, covered Indian
22 Tribal organizations, and local educational agencies.
23 ‘‘(2) IMPLEMENTATION GRANT FUNDING.—In
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1 year 2022, out of any money in the Treasury not
2 otherwise appropriated, $50,000,000, to remain
3 available until expended, to carry out subsection (d).
4 ‘‘(g) SUNSET.—The authority under this section shall
5 terminate on September 30, 2024.
6 ‘‘(h) DEFINITIONS.—In this section:
7 ‘‘(1) COVERED INDIAN TRIBAL ORGANIZA-
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1 ‘‘(C) enrolled in a school described in sub-
2 paragraph (B), (C), (D), (E), or (F) of section
3 11(a)(1).
4 ‘‘(3) ELIGIBLE HOUSEHOLD.—The term ‘eligi-
5 ble household’ means a household that includes at
6 least 1 eligible child.’’.
7 SEC. 24003. HEALTHY FOOD INCENTIVES DEMONSTRATION.
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1 (C) Increasing the procurement of fresh,
2 local, regional, and culturally appropriate foods
3 and foods produced by underserved or limited
4 resource farmers, as defined by the Secretary of
5 Agriculture, to be served as part of a child nu-
6 trition program.
7 (D) Funding a statewide nutrition edu-
8 cation coordinator—
9 (i) to support individual school food
10 authority nutrition education efforts; and
11 (ii) to facilitate collaboration with
12 other nutrition education efforts in the
13 State.
14 (b) STATE DEFINED.—In this section, the term
15 ‘‘State’’ has the meaning given the term in section 12(d)
16 of the Richard B. Russell National School Lunch Act (42
17 U.S.C. 1760(d)).
18 SEC. 24004. SCHOOL KITCHEN EQUIPMENT GRANTS.
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1 ard B. Russell National School Lunch Act (42 U.S.C.
2 1760(d))) to make competitive subgrants to local edu-
3 cational agencies and schools to purchase equipment with
4 a value of greater than $1,000 that, with respect to the
5 school lunch program established under the Richard B.
6 Russell National School Lunch Act (42 U.S.C. 1751–
7 1769j) and the school breakfast program established
8 under section 4 of the Child Nutrition Act of 1966 (42
9 U.S.C. 1773), is necessary to serve healthier meals, im-
10 prove food safety, and increase scratch cooking.
11 Subtitle F—Human Services and
12 Community Supports
13 SEC. 25001. ASSISTIVE TECHNOLOGY.
20 FUNDING.
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1 penses to carry out subsections (c) and (d) of section 2204
2 of the American Rescue Plan Act of 2021 (Public Law
3 117–2).
4 SEC. 25003. PREGNANCY ASSISTANCE FUND.
11 FRASTRUCTURE.
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1 (A) supportive services of the type made
2 available for fiscal year 2021 and authorized
3 under such part;
4 (B) investing in the aging services network
5 for the purposes of improving the availability of
6 supportive services, including investing in the
7 aging services network workforce;
8 (C) the acquisition, alteration, or renova-
9 tion of facilities, including multipurpose senior
10 centers and mobile units; and
11 (D) construction or modernization of facili-
12 ties to serve as multipurpose senior centers;
13 (3) $140,000,000 to carry out part C of title
14 III of the OAA (42 U.S.C. 3030d–21–3030g–23),
15 including to support the modernization of infrastruc-
16 ture and technology, including kitchen equipment
17 and delivery vehicles, to support the provision of
18 congregate nutrition services and home delivered nu-
19 trition services under such part;
20 (4) $150,000,000 to carry out part E of title
21 III of the OAA (42 U.S.C. 3030s–3030s-2), includ-
22 ing section 373(e) of such part (42 U.S.C. 3030s–
23 1(e));
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1 (5) $50,000,000 to carry out title VI of the
2 OAA (42 U.S.C. 3057–3057o), including part C of
3 such title (42 U.S.C. 3057k-11);
4 (6) $50,000,000 to carry out the long-term care
5 ombudsman program under title VII of the OAA (42
6 U.S.C. 3058–3058ff);
7 (7) $59,000,000 for technical assistance centers
8 or national resource centers supported under the
9 OAA, including all such centers that received fund-
10 ing under title IV of the OAA (42 U.S.C. 3031–
11 3033a) for fiscal year 2021, in order to support
12 technical assistance and resource development re-
13 lated to culturally appropriate care management and
14 services for older individuals with the greatest social
15 need, including racial and ethnic minority individ-
16 uals;
17 (8) $15,000,000 for technical assistance centers
18 or national resource centers supported under the
19 OAA that are focused on providing services for older
20 individuals who are underserved due to their sexual
21 orientation or gender identity;
22 (9) $1,000,000 for efforts of national training
23 and technical assistance centers supported under the
24 OAA to—
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1 (A) support expanding the reach of the
2 aging services network to more effectively assist
3 older individuals in remaining socially engaged
4 and active;
5 (B) provide additional support in technical
6 assistance and training to the aging services
7 network to address the social isolation of older
8 individuals;
9 (C) promote best practices and identify in-
10 novation in the field; and
11 (D) continue to support a repository for
12 innovations designed to increase the ability of
13 the aging services network to tailor social en-
14 gagement activities to meet the needs of older
15 individuals; and
16 (10) $5,000,000 to carry out section 417 of the
17 OAA (42 U.S.C. 3032f).
18 Amounts appropriated by this subsection shall remain
19 available until expended.
20 (b) NONAPPLICABILITY OF CERTAIN REQUIRE-
21 MENTS.—The non-Federal contribution requirements
22 under sections 304(d)(1)(D) and 431(a) of the Older
23 Americans Act of 1965 (42 U.S.C. 3024(d)(1)(D),
24 3033(a)), and section 373(h)(2) of such Act (42 U.S.C.
25 3030s–1(h)(2)), shall not apply to—
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1 (1) any amounts made available under this sec-
2 tion; or
3 (2) any amounts made available under section
4 2921 of the American Rescue Plan Act of 2021
5 (Public Law 117–2).
6 SEC. 25005. TECHNICAL ASSISTANCE CENTER FOR SUP-
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1 (A) recruitment, education and training,
2 retention, and career advancement of direct
3 support workers;
4 (B) reducing barriers to accessing direct
5 care services; and
6 (C) increasing access to alternatives to di-
7 rect care services, including assistive tech-
8 nology, that reduce reliance on such services;
9 (3) provide recommendations for education and
10 training curricula for direct support workers; and
11 (4) provide recommendations for activities to
12 further support paid and unpaid family caregivers,
13 including expanding respite care.
14 (b) DIRECT SUPPORT WORKER DEFINED.—The term
15 ‘‘direct support worker’’ has the meaning given such term
16 in section 22301.
17 SEC. 25006. FUNDING TO SUPPORT UNPAID CAREGIVERS.
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1 (b) USE OF FUNDING.—The Secretary, acting
2 through the Assistant Secretary for Aging, shall use
3 amounts appropriated by subsection (a) to make awards,
4 pursuant to section 373(i) of the Older Americans Act of
5 1965 (42 U.S.C. 3030s–1(i)), to States, public agencies,
6 private nonprofit agencies, institutions of higher edu-
7 cation, and organizations, including Tribal organizations,
8 for initiatives to address the behavioral health needs of
9 unpaid caregivers of older individuals and older relative
10 caregivers.
11 (c) SUPPLEMENT NOT SUPPLANT.—Amounts appro-
12 priated by this section shall be used to supplement and
13 not supplant other Federal, State, or local public funds
14 to support unpaid caregivers.
15 SEC. 25007. FUNDING TO SUPPORT INDIVIDUALS WITH IN-
17 ABILITIES.
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1 (b) USE OF FUNDING.—The Secretary, acting
2 through the Administrator of the Administration for Com-
3 munity Living, shall use amounts appropriated by sub-
4 section (a) to award grants, contracts, or cooperative
5 agreements to public or private nonprofit entities pursuant
6 to section 162 of the Developmental Disabilities Assist-
7 ance and Bill of Rights Act of 2000 (42 U.S.C. 15082)
8 for initiatives to address the behavioral health needs of
9 individuals with intellectual and developmental disabilities.
10 (c) SUPPLEMENT NOT SUPPLANT.—Amounts appro-
11 priated by this section shall be used to supplement and
12 not supplant other Federal, State, or local public funds
13 to support individuals with intellectual and developmental
14 disabilities.
15 SEC. 25008. OFFICE OF THE INSPECTOR GENERAL OF THE
17 ICES.
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1 vestigations, and audits of programs, grants, and projects
2 funded under subtitles D and F of this title.
3 Subtitle G—National Service and
4 Workforce Development in Sup-
5 port of Climate Resilience and
6 Mitigation
7 SEC. 26001. CORPORATION FOR NATIONAL AND COMMU-
9 TRUST.
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1 Act) to increase living allowances and improve bene-
2 fits of participants in such programs.
3 (2) REQUIREMENTS.—For the purposes of car-
4 rying out paragraph (1)—
5 (A) the Corporation shall waive the re-
6 quirements described in section 121(e)(1) of the
7 National and Community Service Act of 1990,
8 in whole or in part, if a recipient of a grant or
9 other agreement for such a national service pro-
10 gram demonstrates—
11 (i) the recipient will serve underserved
12 or low-income communities, and a signifi-
13 cant percentage of participants in such
14 program are low-income individuals; and
15 (ii) without such waiver, the recipient
16 cannot meet the requirements of this sec-
17 tion;
18 (B) section 189(a) of such Act shall be ap-
19 plied by substituting ‘‘125 percent of the
20 amount of the minimum living allowance of a
21 full-time participant per full-time equivalent po-
22 sition’’ for ‘‘$18,000 per full-time equivalent
23 position’’; and
24 (C) section 140(a)(1) of such Act shall be
25 applied by substituting ‘‘200 percent of the pov-
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1 erty line’’ for ‘‘the average annual subsistence
2 allowance provided to VISTA volunteers under
3 section 105 of the Domestic Volunteer Service
4 Act of 1973 (42 U.S.C. 4955)’’.
5 (b) STATE COMMISSIONS.—
6 (1) IN GENERAL.—In addition to amounts oth-
7 erwise available, there is appropriated for fiscal year
8 2022, out of any money in the Treasury not other-
9 wise appropriated, to the Corporation for National
10 and Community Service, $400,000,000, to remain
11 available until September 30, 2026, which shall be
12 used to make funding adjustments to existing (as of
13 the date of enactment of this Act) awards and make
14 new awards to States to establish or operate State
15 Commissions on National and Community Service.
16 (2) MATCH WAIVER.—For the purposes of car-
17 rying out paragraph (1), the Corporation shall waive
18 the matching requirement described in section
19 126(a)(2) of the National and Community Service
20 Act of 1990, in whole or in part, for a State Com-
21 mission, if such State Commission demonstrates
22 need for such waiver.
23 (c) NATIONAL CIVILIAN COMMUNITY CORPS.—In ad-
24 dition to amounts otherwise available, there is appro-
25 priated for fiscal year 2022, out of any money in the
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1 Treasury not otherwise appropriated, to the Corporation
2 for National and Community Service, $80,000,000, to re-
3 main available until September 30, 2029, which shall be
4 used to increase the living allowance and benefits of par-
5 ticipants in the National Civilian Community Corps au-
6 thorized under section 152 of the National and Commu-
7 nity Service Act of 1990.
8 (d) AMERICORPS VISTA.—
9 (1) IN GENERAL.—In addition to amounts oth-
10 erwise available, there is appropriated for fiscal year
11 2022, out of any money in the Treasury not other-
12 wise appropriated, to the Corporation for National
13 and Community Service, $600,000,000 to remain
14 available until September 30, 2029, which shall be
15 used to increase the subsistence allowances and im-
16 prove benefits of participants in the Volunteers in
17 Service to America program authorized under sec-
18 tion 102 of the Domestic Volunteer Service Act of
19 1973.
20 (2) REQUIREMENT.—For purposes of carrying
21 out paragraph (1)—
22 (A) section 105(b)(2)(A) of the Domestic
23 Volunteer Service Act of 1973 shall be applied
24 by substituting ‘‘200 percent’’ for ‘‘95 percent’’;
25 and
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1 (B) section 105(b)(2)(B) of the Domestic
2 Volunteer Service Act of 1973 shall be applied
3 by substituting ‘‘210 percent’’ for ‘‘105 per-
4 cent’’.
5 (e) NATIONAL SERVICE IN SUPPORT OF CLIMATE
6 RESILIENCE AND MITIGATION.—
7 (1) IN GENERAL.—In addition to amounts oth-
8 erwise available, there is appropriated for fiscal year
9 2022, out of any money in the Treasury not other-
10 wise appropriated, to the Corporation for National
11 and Community Service, $6,915,000,000, which
12 shall be used for the purposes specified in paragraph
13 (3).
14 (2) AVAILABILITY OF FUNDS.—Amounts appro-
15 priated under paragraph (1) shall—
16 (A) be available until September 30, 2026,
17 for national service programs described in para-
18 graphs (1)(B), (2)(B), (3)(B), (4)(B), and
19 (5)(B) of subsection (a), and subsection (b)(2),
20 of section 122 of the National and Community
21 Service Act of 1990; and
22 (B) be available until September 30, 2029,
23 for National Civilian Community Corps pro-
24 grams authorized under section 152 of the Na-
25 tional and Community Service Act of 1990 and
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1 Volunteers in Service to America programs au-
2 thorized under section 102 of the Domestic Vol-
3 unteer Service Act of 1973.
4 (3) USE OF FUNDS.—
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1 the Domestic Volunteer Service Act of
2 1973.
3 (C) TERMS.—In funding programs de-
4 scribed in subparagraph (A), the Corporation
5 shall ensure—
6 (i) awards are made to entities that
7 serve, and have representation from, low-
8 income communities or communities expe-
9 riencing (or at risk of experiencing) ad-
10 verse health and environmental conditions;
11 (ii) such programs utilize culturally
12 competent and multilingual strategies;
13 (iii) projects carried out through such
14 programs are planned with community
15 input, and implemented by diverse partici-
16 pants who are from communities being
17 served by such programs; and
18 (iv) such programs provide partici-
19 pants with workforce development opportu-
20 nities, such as pre-apprenticeships that ar-
21 ticulate to registered apprenticeship pro-
22 grams, and pathways to post-service em-
23 ployment in high-quality jobs, including
24 registered apprenticeships.
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1 (4) REQUIREMENTS.—For the purposes of car-
2 rying out paragraph (1)—
3 (A) in implementing national service pro-
4 grams described in paragraph (3)(B)(i) and
5 funded by the appropriations specified in para-
6 graph (1)—
7 (i) the Corporation shall waive the re-
8 quirements described in section 121(e)(1)
9 of the National and Community Service
10 Act of 1990, in whole or in part, if a re-
11 cipient of a grant or other agreement for
12 the national service program involved dem-
13 onstrates—
14 (I) the recipient will serve under-
15 served or low-income communities,
16 and a significant percentage of par-
17 ticipants in such program are low-in-
18 come individuals; and
19 (II) without such waiver, the re-
20 cipient cannot meet the requirements
21 of this section;
22 (ii) section 189(a) of the National and
23 Community Service Act of 1990 shall be
24 applied by substituting ‘‘125 percent of the
25 amount of the minimum living allowance of
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1 a full-time participant per full-time equiva-
2 lent position’’ for ‘‘$18,000 per full-time
3 equivalent position’’;
4 (iii) section 140(a)(1) of the National
5 and Community Service Act of 1990 shall
6 be applied by substituting ‘‘200 percent of
7 the poverty line’’ for ‘‘the average annual
8 subsistence allowance provided to VISTA
9 volunteers under section 105 of the Do-
10 mestic Volunteer Service Act of 1973 (42
11 U.S.C. 4955)’’; and
12 (iv) the Corporation shall waive the
13 matching requirement described in section
14 126(a)(2) of the National and Community
15 Service Act of 1990, in whole or in part,
16 for a State Commission, if such State
17 Commission demonstrates need for such
18 waiver; and
19 (B) in implementing national service pro-
20 grams described in paragraph (3)(B)(iii) and
21 funded by the appropriations specified in para-
22 graph (1)—
23 (i) section 105(b)(2)(A) of the Domes-
24 tic Volunteer Service Act of 1973 shall be
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1 applied by substituting ‘‘200 percent’’ for
2 ‘‘95 percent’’; and
3 (ii) section 105(b)(2)(B) of the Do-
4 mestic Volunteer Service Act of 1973 shall
5 be applied by substituting ‘‘210 percent’’
6 for ‘‘105 percent’’.
7 (f) ADMINISTRATIVE COSTS.—
8 (1) IN GENERAL.—In addition to amounts oth-
9 erwise available, there is appropriated for fiscal year
10 2022, out of any money in the Treasury not other-
11 wise appropriated, to the Corporation for National
12 and Community Service, $1,010,400,000, to remain
13 available until September 30, 2029, which shall be
14 used for Federal administrative expenses to carry
15 out programs and activities funded under this sec-
16 tion, including—
17 (A) corrective actions to address rec-
18 ommendations arising from audits of the finan-
19 cial statements of the Corporation and the Na-
20 tional Service Trust, and, in consultation with
21 the Inspector General of the Corporation, the
22 development of fraud prevention and detection
23 controls and risk-based anti-fraud monitoring
24 for grants and other financial assistance funded
25 under this section; and
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1 (B) coordination of efforts and activities
2 with the Departments of Labor and Education
3 to support the national service programs funded
4 under subsections (a), (c), (d), and (e) in im-
5 proving the readiness of participants to transi-
6 tion to high-quality jobs or further education.
7 (2) FISCAL YEAR 2030 PROGRAM ADMINISTRA-
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1 of this Act, a project, operations, and manage-
2 ment plan for funds appropriated under this
3 section; and
4 (B) consult with the Secretary of Labor
5 and the Inspector General of the Corporation in
6 developing the plan under subparagraph (A).
7 (4) OUTREACH.—In addition to amounts other-
8 wise made available, there is appropriated for fiscal
9 year 2022, out of any money in the Treasury not
10 otherwise appropriated, to the Corporation for Na-
11 tional and Community Service, $49,500,000, to re-
12 main available until September 30, 2030, for out-
13 reach to and recruitment of members from commu-
14 nities traditionally underrepresented in national
15 service programs and members of a community expe-
16 riencing a significant dislocation of workers, includ-
17 ing energy transition communities.
18 (g) OFFICE OF INSPECTOR GENERAL.—In addition
19 to amounts otherwise available, there is appropriated for
20 fiscal year 2022, out of any money in the Treasury not
21 otherwise appropriated, to the Corporation for National
22 and Community Service, $75,000,000, to remain available
23 until September 30, 2030, which shall be used for the Of-
24 fice of Inspector General of the Corporation for salaries
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1 and expenses necessary for oversight and audit of pro-
2 grams and activities funded under this section.
3 (h) NATIONAL SERVICE TRUST.—
4 (1) IN GENERAL.—In addition to amounts oth-
5 erwise available, there is appropriated for fiscal year
6 2022, out of any money in the Treasury not other-
7 wise appropriated, to the National Service Trust,
8 $1,150,000,000, to remain available until September
9 30, 2030, for—
10 (A) administration of the National Service
11 Trust; and
12 (B) payment to the Trust for the provision
13 of national service educational awards and in-
14 terest expenses—
15 (i) for participants, for a term of serv-
16 ice supported by funds made available
17 under subsection (e); and
18 (ii) pursuant to section 145(a)(1)(A)
19 of the National and Community Service
20 Act of 1990.
21 (2) SUPPLEMENTAL EDUCATIONAL AWARDS.—
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1 the National Service Trust, $1,660,000,000, to
2 remain available until September 30, 2030, for
3 payment to the National Service Trust for the
4 purpose of providing a supplemental national
5 service educational award to an individual eligi-
6 ble to receive a national service educational
7 award pursuant to section 146(a), and the indi-
8 vidual’s transferee pursuant to section 148(f),
9 of the National and Community Service Act of
10 1990, for a term of service that began after the
11 date of enactment of this Act in a national serv-
12 ice program (including a term of service sup-
13 ported by funds made available under sub-
14 section (e)).
15 (B) AWARD AVAILABILITY.—The supple-
16 mental educational award referred to in sub-
17 paragraph (A) shall be available to an indi-
18 vidual or their transferee described in subpara-
19 graph (A) in accordance with the paragraph
20 (3).
21 (C) CALCULATION.—The amount of the
22 supplemental educational award that shall be
23 available to an individual or their transferee de-
24 scribed in subparagraph (A) shall be calculated
25 as follows:
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1 (i) AMOUNT FOR FULL-TIME NA-
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1 (ii) AMOUNT FOR PART-TIME NA-
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1 by funds made available under subsection (e),
2 or the individual’s transferee, and an individual
3 eligible to receive a supplemental educational
4 award described in paragraph (2) for a term of
5 service, or the individual’s transferee, shall not
6 use, after September 30, 2030, the national
7 service educational award or supplemental edu-
8 cational award for the term of service involved,
9 and the national service educational award and
10 supplemental educational award shall be avail-
11 able for the lengths of time described in sub-
12 paragraph (B).
13 (B) LENGTHS OF TIME.—The lengths of
14 time described in this subparagraph are as fol-
15 lows:
16 (i) For an individual who completes
17 the term of service involved by September
18 30, 2023 or the individual’s transferee,
19 until the end of the 7-year period begin-
20 ning on that date.
21 (ii) For an individual who completes
22 such term of service by September 30,
23 2024 or the individual’s transferee, until
24 the end of the 6-year period beginning on
25 that date.
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1 (iii) For an individual who completes
2 such term of service by September 30,
3 2025 or the individual’s transferee, until
4 the end of the 5-year period beginning on
5 that date.
6 (iv) For an individual who completes
7 such term of service by September 30,
8 2026 or the individual’s transferee, until
9 the end of the 4-year period beginning on
10 that date.
11 (v) For an individual who completes
12 such term of service by September 30,
13 2027 or the individual’s transferee, until
14 the end of the 3-year period beginning on
15 that date.
16 (vi) For an individual who completes
17 such term of service by September 30,
18 2028 or the individual’s transferee, until
19 the end of the 2-year period beginning on
20 that date.
21 (vii) For an individual who completes
22 such term of service by September 30,
23 2029 or the individual’s transferee, until
24 the end of the 1-year period beginning on
25 that date.
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1 (i) LIMITATION.—The funds made available under
2 this section are subject to the condition that the Corpora-
3 tion shall not—
4 (1) use such funds to make any transfer to the
5 National Service Trust for any use, or enter into any
6 agreement involving such funds—
7 (A) that is for a term extending beyond
8 September 30, 2031; or
9 (B) for which or under which any payment
10 could be outlaid after September 30, 2031; and
11 (2) use any other funds available to the Cor-
12 poration to liquidate obligations made under this
13 section.
14 (j) DEFINITION.—For purposes of this section, the
15 term ‘‘registered apprenticeship program’’ means an ap-
16 prenticeship program registered with the Office of Appren-
17 ticeship of the Employment and Training Administration
18 of the Department of Labor, or a State apprenticeship
19 agency recognized by the Office of Apprenticeship, pursu-
20 ant to the Act of August 16, 1937 (commonly known as
21 the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter
22 663).
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1 SEC. 26002. WORKFORCE DEVELOPMENT IN SUPPORT OF
294
1 or occupations related to climate resilience or miti-
2 gation and aligned with the activities described in
3 subsection (e)(3) of section 26001 by—
4 (A) providing funds to operators and serv-
5 ice providers to—
6 (i) carry out the activities and services
7 described in sections 148 and 149 of the
8 Workforce Innovation and Opportunity
9 Act; and
10 (ii) improve and expand access to al-
11 lowances and services described in section
12 150 of such Act; and
13 (B) notwithstanding section 158(c) of such
14 Act, constructing, rehabilitating, and acquiring
15 Job Corps centers to support activities de-
16 scribed in subparagraphs (A) and (B).
17 (2) ELIGIBILITY.—For the purposes of carrying
18 out paragraph (1), an entity in a State or outlying
19 area may be eligible to be selected as an operator or
20 service provider.
21 (c) PRE-APPRENTICESHIP, AND REGISTERED AP-
22 PRENTICESHIP PROGRAMS.—
23 (1) PRE-APPRENTICESHIP PROGRAMS.—In addi-
24 tion to amounts otherwise available, there is appro-
25 priated to the Department of Labor for fiscal year
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1 2022, out of any amounts in the Treasury not other-
2 wise appropriated, $1,000,000,000, to remain avail-
3 able until September 30, 2026, to carry out activi-
4 ties through grants, cooperative agreements, con-
5 tracts, or other arrangements, to create or expand
6 pre-apprenticeship programs that articulate to reg-
7 istered apprenticeship programs, are aligned with
8 high-quality employment opportunities in industry
9 sectors or occupations related to climate resilience or
10 mitigation, and are aligned with the activities de-
11 scribed in subsection (e)(3) of section 26001.
12 (2) PRE-APPRENTICESHIP PARTNERSHIPS.—In
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1 (3) REGISTERED APPRENTICESHIP PRO-
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1 (d) REENTRY EMPLOYMENT OPPORTUNITIES PRO-
2 GRAM.—In addition to amounts otherwise available, there
3 is appropriated to the Department of Labor for fiscal year
4 2022, out of any amounts in the Treasury not otherwise
5 appropriated, $1,000,000,000, to remain available until
6 September 30, 2026, for the Reentry Employment Oppor-
7 tunities program, which amount shall be used to support
8 activities aligned with high-quality employment opportuni-
9 ties in industry sectors or occupations related to climate
10 resilience or mitigation and aligned with the activities de-
11 scribed in subsection (e)(3) of section 26001.
12 (e) PAID YOUTH EMPLOYMENT OPPORTUNITIES.—In
13 addition to amounts otherwise available, there is appro-
14 priated for fiscal year 2022, out of any money in the
15 Treasury not otherwise appropriated, to the Department
16 of Labor, $350,000,000, to remain available until Sep-
17 tember 30, 2026, to carry out activities through grants,
18 contracts, or cooperative agreements, for the purposes of
19 providing in-school youth and out-of-school youth with
20 paid work experiences authorized under section
21 129(c)(2)(C) of the Workforce Innovation and Oppor-
22 tunity Act, notwithstanding section 194(10) of such Act,
23 that are—
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1 (1) carried out by public agencies or private
2 nonprofit entities, including community-based orga-
3 nizations;
4 (2) provided in conjunction with supportive
5 services and other elements described in section
6 129(c)(2) of such Act;
7 (3) aligned with the activities described in sub-
8 section (e)(3) of section 26001; and
9 (4) designed to prepare participants for—
10 (A) high-quality, unsubsidized employment
11 opportunities in industry sectors or occupations
12 related to climate resilience or mitigation;
13 (B) enrollment in an institution of higher
14 education (as defined in section 101 or 102(c)
15 of the Higher Education Act of 1965); and
16 (C) registered apprenticeship programs.
17 (f) DEPARTMENT OF LABOR INSPECTOR GEN-
18 ERAL.—In addition to amounts otherwise available, there
19 is appropriated to the Office of Inspector General of the
20 Department of Labor for fiscal year 2022, out of any
21 money in the Treasury not otherwise appropriated,
22 $10,000,000, to remain available until expended, for sala-
23 ries and expenses necessary for oversight, investigations,
24 and audits of programs, grants, and projects of the De-
25 partment of Labor funded under this section.
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1 (g) ADMINISTRATION.—
2 (1) IN GENERAL.—In addition to amounts oth-
3 erwise available, there is appropriated to the Depart-
4 ment of Labor for fiscal year 2022, out of any
5 money in the Treasury not otherwise appropriated,
6 $69,800,000, to remain available until September
7 30, 2029, for program administration within the De-
8 partment of Labor for salaries and expenses nec-
9 essary to implement this section.
10 (2) PLAN.—In addition to amounts otherwise
11 available, there is appropriated for fiscal year 2022,
12 out of any money in the Treasury not otherwise ap-
13 propriated, to the Department of Labor, $200,000,
14 to remain available until September 30, 2023, which
15 shall be used by the Secretary to—
16 (A) develop, publish, and implement, not
17 later than 180 days after the date of enactment
18 of this Act, a project, operations, and manage-
19 ment plan for funds appropriated under this
20 section; and
21 (B) consult with the Chief Executive Offi-
22 cer of the Corporation for National and Com-
23 munity Service in developing the plan under
24 subparagraph (A).
25 (h) DEFINITION.—For purposes of this section:
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1 (1) CLIMATE-RELATED NONTRADITIONAL AP-
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1 and ‘‘out-of-school youth’’ have the meanings given
2 such terms in paragraphs (10), (24), (27), (45), and
3 (46), respectively, of section 3 of the Workforce In-
4 novation and Opportunity Act.
5 TITLE III—COMMITTEE ON
6 ENERGY AND COMMERCE
7 Subtitle A—Air Pollution
8 SEC. 30101. CLEAN HEAVY-DUTY VEHICLES.
12 ‘‘(a) APPROPRIATIONS.—
13 ‘‘(1) IN GENERAL.—In addition to amounts
14 otherwise available, there is appropriated to the Ad-
15 ministrator for fiscal year 2022, out of any money
16 in the Treasury not otherwise appropriated,
17 $3,000,000,000, to remain available until September
18 30, 2031, to carry out this section.
19 ‘‘(2) NONATTAINMENT AREAS.—In addition to
20 amounts otherwise available, there is appropriated to
21 the Administrator for fiscal year 2022, out of any
22 money in the Treasury not otherwise appropriated,
23 $2,000,000,000, to remain available until September
24 30, 2031, to make awards under this section to eligi-
25 ble recipients and to eligible contractors that propose
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1 to replace eligible vehicles to serve 1 or more com-
2 munities located in an air quality area designated
3 pursuant to section 107 as nonattainment for any
4 air pollutant.
5 ‘‘(3) RESERVATION.—Of the funds appro-
6 priated by paragraph (1), the Administrator shall re-
7 serve 3 percent for administrative costs necessary to
8 carry out this section.
9 ‘‘(b) PROGRAM.—Beginning not later than 180 days
10 after the date of enactment of this section, the Adminis-
11 trator shall implement a program to make awards of
12 grants and rebates to eligible recipients, and to make
13 awards of contracts to eligible contractors for providing
14 rebates, for up to 100 percent of costs for—
15 ‘‘(1) replacing eligible vehicles with zero-emis-
16 sion vehicles;
17 ‘‘(2) purchasing, installing, operating, and
18 maintaining infrastructure needed to charge, fuel, or
19 maintain zero-emission vehicles;
20 ‘‘(3) workforce development and training to
21 support the maintenance, charging, fueling, and op-
22 eration of zero-emission vehicles; and
23 ‘‘(4) planning and technical activities to support
24 the adoption and deployment of zero-emission vehi-
25 cles.
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1 ‘‘(c) APPLICATIONS.—To seek an award under this
2 section, an eligible recipient or eligible contractor shall
3 submit to the Administrator an application at such time,
4 in such manner, and containing such information as the
5 Administrator shall prescribe.
6 ‘‘(d) DEFINITIONS.—For purposes of this section:
7 ‘‘(1) ELIGIBLE CONTRACTOR.—The term ‘eligi-
8 ble contractor’ means a contractor that is a for-prof-
9 it or nonprofit entity that has the capacity—
10 ‘‘(A) to sell zero-emission vehicles, or
11 charging or other equipment needed to charge,
12 fuel, or maintain zero-emission vehicles, to indi-
13 viduals or entities that own an eligible vehicle;
14 or
15 ‘‘(B) to arrange financing for such a sale.
16 ‘‘(2) ELIGIBLE RECIPIENT.—The term ‘eligible
17 recipient’ means—
18 ‘‘(A) a State;
19 ‘‘(B) a municipality;
20 ‘‘(C) an Indian tribe;
21 ‘‘(D) a nonprofit school transportation as-
22 sociation; or
23 ‘‘(E) an eligible contractor.
24 ‘‘(3) ELIGIBLE VEHICLE.—The term ‘eligible
25 vehicle’ means a Class 6 or Class 7 heavy-duty vehi-
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1 cle as defined in section 1037.801 of title 40, Code
2 of Federal Regulations (as in effect on the date of
3 enactment of this section).
4 ‘‘(4) ZERO-EMISSION VEHICLE.—The term
5 ‘zero-emission vehicle’ means a vehicle that has a
6 drivetrain that produces, under any possible oper-
7 ational mode or condition, zero exhaust emissions
8 of—
9 ‘‘(A) any air pollutant that is listed pursu-
10 ant to section 108(a) (or any precursor to such
11 an air pollutant); and
12 ‘‘(B) any greenhouse gas.’’.
13 SEC. 30102. GRANTS TO REDUCE AIR POLLUTION AT PORTS.
18 ‘‘(a) APPROPRIATIONS.—
19 ‘‘(1) GENERAL ASSISTANCE.—In addition to
20 amounts otherwise available, there is appropriated to
21 the Administrator for fiscal year 2022, out of any
22 money in the Treasury not otherwise appropriated,
23 $2,625,000,000, to remain available until September
24 30, 2031, to award rebates and grants to eligible re-
25 cipients on a competitive basis—
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1 ‘‘(A) to purchase or install zero-emission
2 port equipment or technology for use at, or to
3 directly serve, one or more ports;
4 ‘‘(B) to conduct any relevant planning or
5 permitting in connection with the purchase or
6 installation of such zero-emission port equip-
7 ment or technology; and
8 ‘‘(C) to develop qualified climate action
9 plans.
10 ‘‘(2) NONATTAINMENT AREAS.—In addition to
11 amounts otherwise available, there is appropriated to
12 the Administrator for fiscal year 2022, out of any
13 money in the Treasury not otherwise appropriated,
14 $875,000,000, to remain available until September
15 30, 2031, to award rebates and grants to eligible re-
16 cipients to carry out activities described in para-
17 graph (1) with respect to ports located in air quality
18 areas designated pursuant to section 107 as non-
19 attainment for an air pollutant.
20 ‘‘(b) LIMITATION.—Funds awarded under this sec-
21 tion shall not be used by any recipient or subrecipient to
22 purchase or install zero-emission port equipment or tech-
23 nology that will not be located at, or directly serve, the
24 one or more ports involved.
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1 ‘‘(c) ADMINISTRATION OF FUNDS.—Of the funds
2 made available by this section, the Administrator shall re-
3 serve 2 percent for administrative costs necessary to carry
4 out this section.
5 ‘‘(d) DEFINITIONS.—In this section:
6 ‘‘(1) ELIGIBLE RECIPIENT.—The term ‘eligible
7 recipient’ means—
8 ‘‘(A) a port authority;
9 ‘‘(B) a State, regional, local, or Tribal
10 agency that has jurisdiction over a port author-
11 ity or a port;
12 ‘‘(C) an air pollution control agency; or
13 ‘‘(D) a private entity (including a non-
14 profit organization) that—
15 ‘‘(i) applies for a grant under this sec-
16 tion in partnership with an entity de-
17 scribed in any of subparagraphs (A)
18 through (C); and
19 ‘‘(ii) owns, operates, or uses the facili-
20 ties, cargo-handling equipment, transpor-
21 tation equipment, or related technology of
22 a port.
23 ‘‘(2) QUALIFIED CLIMATE ACTION PLAN.—The
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1 ‘‘(A) establishes goals, implementation
2 strategies, and accounting and inventory prac-
3 tices (including practices used to measure
4 progress toward stated goals) to reduce emis-
5 sions at one or more ports of—
6 ‘‘(i) greenhouse gases;
7 ‘‘(ii) an air pollutant that is listed
8 pursuant to section 108(a) (or any pre-
9 cursor to such an air pollutant); and
10 ‘‘(iii) hazardous air pollutants;
11 ‘‘(B) includes a strategy to collaborate
12 with, communicate with, and address potential
13 effects on stakeholders that may be affected by
14 implementation of the plan, including low-in-
15 come and disadvantaged near-port communities;
16 and
17 ‘‘(C) describes how an eligible recipient has
18 implemented or will implement measures to in-
19 crease the resilience of the one or more ports
20 involved, including measures related to with-
21 standing and recovering from extreme weather
22 events.
23 ‘‘(3) ZERO-EMISSION PORT EQUIPMENT OR
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1 ment or technology’ means human-operated equip-
2 ment or human-maintained technology that—
3 ‘‘(A) produces zero emissions of any air
4 pollutant that is listed pursuant to section
5 108(a) (or any precursor to such an air pollut-
6 ant) and any greenhouse gas other than water
7 vapor; or
8 ‘‘(B) captures 100 percent of the emissions
9 described in subparagraph (A) that are pro-
10 duced by an ocean-going vessel at berth.’’.
11 SEC. 30103. GREENHOUSE GAS REDUCTION FUND.
16 ‘‘(a) APPROPRIATIONS.—
17 ‘‘(1) ZERO-EMISSION TECHNOLOGIES.—In addi-
18 tion to amounts otherwise available, there is appro-
19 priated to the Administrator for fiscal year 2022,
20 out of any money in the Treasury not otherwise ap-
21 propriated, $7,000,000,000, to remain available
22 until September 30, 2024, to make grants, on a
23 competitive basis and beginning not later than 180
24 calendar days after the date of enactment of this
25 section, to States, municipalities, Tribal govern-
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1 ments, and eligible recipients for the purposes of
2 providing grants, loans, or other forms of financial
3 assistance, as well as technical assistance, to enable
4 low-income and disadvantaged communities to de-
5 ploy zero-emission technologies, including distributed
6 technologies on residential rooftops, and to carry out
7 other greenhouse gas emission reduction activities,
8 as determined appropriate by the Administrator in
9 accordance with this section.
10 ‘‘(2) ZERO-EMISSION VEHICLE SUPPLY EQUIP-
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1 determined appropriate by the Administrator in ac-
2 cordance with this section.
3 ‘‘(3) GENERAL ASSISTANCE.—In addition to
4 amounts otherwise available, there is appropriated to
5 the Administrator for fiscal year 2022, out of any
6 money in the Treasury not otherwise appropriated,
7 $11,970,000,000, to remain available until Sep-
8 tember 30, 2024, to make grants, on a competitive
9 basis and beginning not later than 180 calendar
10 days after the date of enactment of this section, to
11 eligible recipients for the purposes of providing fi-
12 nancial assistance and technical assistance in ac-
13 cordance with subsection (b).
14 ‘‘(4) LOW-INCOME AND DISADVANTAGED COM-
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1 ‘‘(5) ADMINISTRATIVE COSTS.—In addition to
2 amounts otherwise available, there is appropriated to
3 the Administrator for fiscal year 2022, out of any
4 money in the Treasury not otherwise appropriated,
5 $30,000,000, to remain available until September
6 30, 2031, for the administrative costs necessary to
7 carry out activities under this section.
8 ‘‘(b) USE OF FUNDS.—An eligible recipient that re-
9 ceives a grant pursuant to subsection (a) shall use the
10 grant in accordance with the following:
11 ‘‘(1) DIRECT INVESTMENT.—The eligible recipi-
12 ent shall—
13 ‘‘(A) use a broad range of finance and in-
14 vestment tools to provide financial assistance to
15 qualified projects at the national, regional,
16 State, and local levels, including, as applicable,
17 through both concessionary and market rate fi-
18 nancing;
19 ‘‘(B) prioritize investment in qualified
20 projects that would otherwise lack access to fi-
21 nancing;
22 ‘‘(C) retain, manage, recycle, and monetize
23 all repayments and other revenue received from
24 fees, interest, repaid loans, and all other types
25 of financial assistance provided using grant
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1 funds under this section to ensure continued
2 operability; and
3 ‘‘(D) meet any requirements set forth by
4 the Administrator to ensure accountability and
5 proper management of funds appropriated by
6 this section.
7 ‘‘(2) INDIRECT INVESTMENT.—The eligible re-
8 cipient shall provide funding and technical assistance
9 to establish new or support existing public, quasi-
10 public, or nonprofit entities that provide financial as-
11 sistance to qualified projects at the State, local, ter-
12 ritorial, or Tribal level or in the District of Colum-
13 bia, including community- and low-income-focused
14 lenders and capital providers.
15 ‘‘(c) DEFINITIONS.—In this section:
16 ‘‘(1) ELIGIBLE RECIPIENT.—The term ‘eligible
17 recipient’ means a nonprofit organization that—
18 ‘‘(A) is designed to provide capital, includ-
19 ing by leveraging private capital, and other
20 forms of financial assistance for the rapid de-
21 ployment of low- and zero-emission products,
22 technologies, and services;
23 ‘‘(B) does not take deposits other than de-
24 posits from repayments and other revenue re-
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1 ceived from financial assistance provided using
2 grant funds under this section;
3 ‘‘(C) is funded by public or charitable con-
4 tributions; and
5 ‘‘(D) invests in or finances projects alone
6 or in conjunction with other investors.
7 ‘‘(2) QUALIFIED PROJECT.—The term ‘qualified
8 project’ includes any project, activity, or technology
9 that—
10 ‘‘(A) reduces or avoids greenhouse gas
11 emissions and other forms of air pollution in
12 partnership with, and by leveraging investment
13 from, the private sector; or
14 ‘‘(B) assists communities in the efforts of
15 those communities to reduce or avoid green-
16 house gas emissions and other forms of air pol-
17 lution.
18 ‘‘(3) PUBLICLY AVAILABLE EQUIPMENT.—The
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1 ‘‘(C) is at a location that is publicly acces-
2 sible for a minimum of 12 hours per day at
3 least 5 days per week and networked or other-
4 wise capable of being monitored remotely.
5 ‘‘(4) ZERO-EMISSION TECHNOLOGY.—The term
6 ‘zero-emission technology’ means any technology
7 that produces zero emissions of—
8 ‘‘(A) any air pollutant that is listed pursu-
9 ant to section 108(a) (or any precursor to such
10 an air pollutant); and
11 ‘‘(B) any greenhouse gas.
12 ‘‘(5) ZERO-EMISSION VEHICLE.—The term
13 ‘zero-emission vehicle’ means a vehicle that has a
14 drivetrain that produces, under any possible oper-
15 ational mode or condition, zero exhaust emissions
16 of—
17 ‘‘(A) any air pollutant that is listed pursu-
18 ant to section 108(a) (or any precursor to such
19 an air pollutant); and
20 ‘‘(B) any greenhouse gas.’’.
21 SEC. 30104. COLLABORATIVE COMMUNITY WILDFIRE AIR
22 GRANTS.
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1 of any money in the Treasury not otherwise appropriated,
2 $150,000,000, to remain available until September 30,
3 2031, for grants authorized under subsections (a) through
4 (c) of section 103 of the Clean Air Act (42 U.S.C.
5 7403(a)–(c)) to assist eligible entities in developing and
6 implementing collaborative community plans to prepare
7 for smoke from wildfires, reduce risks of smoke exposure
8 due to wildfires, and mitigate the health and environ-
9 mental effects of smoke from wildfires.
10 (b) TECHNICAL ASSISTANCE.—The Administrator of
11 the Environmental Protection Agency may use amounts
12 made available under subsection (a) to provide technical
13 assistance to any eligible entity in—
14 (1) submitting an application for a grant to be
15 made pursuant to this section; or
16 (2) carrying out a project using a grant made
17 pursuant to this section.
18 (c) ADMINISTRATIVE COSTS.—Of the amounts made
19 available under subsection (a), the Administrator of the
20 Environmental Protection Agency shall reserve 5 percent
21 for administrative costs to carry out this section.
22 (d) ELIGIBLE ENTITIES.—In this section, the term
23 ‘‘eligible entity’’ means a State, a territory, a unit of local
24 government (including any special district, such as an air
25 quality management district), or an Indian Tribe.
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1 SEC. 30105. DIESEL EMISSIONS REDUCTIONS.
20 (a) APPROPRIATIONS.—
21 (1) FENCELINE AIR MONITORING AND SCREEN-
317
1 available until September 30, 2031, for grants and
2 other activities authorized under subsections (a)
3 through (c) of section 103 and section 105 of the
4 Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) to de-
5 ploy, integrate, support, and maintain fenceline air
6 monitoring, screening air monitoring, national air
7 toxics trend stations, and other air toxics and com-
8 munity monitoring.
9 (2) MULTIPOLLUTANT MONITORING STA-
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1 amounts otherwise available, there is appropriated to
2 the Administrator of the Environmental Protection
3 Agency for fiscal year 2022, out of any money in the
4 Treasury not otherwise appropriated, $3,000,000, to
5 remain available until September 30, 2031, for
6 grants and other activities authorized under sub-
7 sections (a) through (c) of section 103 and section
8 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c),
9 7405) to deploy, integrate, and operate air quality
10 sensors in low-income and disadvantaged commu-
11 nities.
12 (4) EMISSIONS FROM WOOD HEATERS.—In ad-
13 dition to amounts otherwise available, there is ap-
14 propriated to the Administrator of the Environ-
15 mental Protection Agency for fiscal year 2022, out
16 of any money in the Treasury not otherwise appro-
17 priated, $15,000,000, to remain available until Sep-
18 tember 30, 2031, for grants and other activities au-
19 thorized under subsections (a) through (c) of section
20 103 and section 105 of the Clean Air Act (42 U.S.C.
21 7403(a)–(c), 7405) for testing and other agency ac-
22 tivities to address emissions from wood heaters.
23 (5) METHANE MONITORING.—In addition to
24 amounts otherwise available, there is appropriated to
25 the Administrator of the Environmental Protection
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1 Agency for fiscal year 2022, out of any money in the
2 Treasury not otherwise appropriated, $20,000,000,
3 to remain available until September 30, 2031, for
4 grants and other activities authorized under sub-
5 sections (a) through (c) of section 103 and section
6 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c),
7 7405) for monitoring emissions of methane.
8 (6) CLEAN AIR ACT GRANTS.—In addition to
9 amounts otherwise available, there is appropriated to
10 the Administrator of the Environmental Protection
11 Agency for fiscal year 2022, out of any money in the
12 Treasury not otherwise appropriated, $25,000,000,
13 to remain available until September 30, 2031, for
14 grants and other activities authorized under sub-
15 sections (a) through (c) of section 103 and section
16 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c),
17 7405).
18 (7) OTHER ACTIVITIES.—In addition to
19 amounts otherwise available, there is appropriated to
20 the Administrator of the Environmental Protection
21 Agency for fiscal year 2022, out of any money in the
22 Treasury not otherwise appropriated, $45,000,000,
23 to remain available until September 30, 2031, to
24 carry out, with respect to greenhouse gases, sections
25 111, 115, 165, 177, 202, 211, 213, 231, and 612
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1 of the Clean Air Act (42 U.S.C. 7411, 7415, 7475,
2 7507, 7521, 7545, 7547, 7571, and 7671k).
3 (8) GREENHOUSE GAS AND ZERO-EMISSION
21 SCHOOLS.
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1 $37,500,000, to remain available until September 30,
2 2031, for grants and other activities to monitor and re-
3 duce air pollution and greenhouse gas emissions at schools
4 in low-income and disadvantaged communities under sub-
5 sections (a) through (c) of section 103 of the Clean Air
6 Act (42 U.S.C. 7403(a)–(c)) and section 105 of that Act
7 (42 U.S.C. 7405).
8 (b) TECHNICAL ASSISTANCE.—In addition to
9 amounts otherwise available, there is appropriated to the
10 Administrator of the Environmental Protection Agency for
11 fiscal year 2022, out of any money in the Treasury not
12 otherwise appropriated, $12,500,000, to remain available
13 until September 30, 2031, for providing technical assist-
14 ance to schools in low-income and disadvantaged commu-
15 nities under subsections (a) through (c) of section 103 of
16 the Clean Air Act (42 U.S.C. 7403(a)–(c)) and section
17 105 of that Act (42 U.S.C. 7405)—
18 (1) to address environmental issues;
19 (2) to develop school environmental quality
20 plans that include standards for school building, de-
21 sign, construction, and renovation; and
22 (3) to identify and mitigate ongoing air pollu-
23 tion hazards.
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1 SEC. 30108. LOW EMISSIONS ELECTRICITY PROGRAM.
323
1 through partnerships, with respect to reductions in
2 greenhouse gas emissions that result from domestic
3 electricity generation and use;
4 ‘‘(5) $1,000,000 to assess, not later than 1 year
5 after the date of enactment of this section, the re-
6 ductions in greenhouse gas emissions that result
7 from changes in domestic electricity generation and
8 use that are anticipated to occur on an annual basis
9 through fiscal year 2031; and
10 ‘‘(6) $18,000,000 to carry out this section to
11 ensure that the anticipated reductions in greenhouse
12 gas emissions from domestic electricity generation
13 and use as assessed under paragraph (5) are
14 achieved through use of the authorities of this Act,
15 including through the establishment of requirements
16 under this Act.
17 ‘‘(b) ADMINISTRATION OF FUNDS.—Of the amounts
18 made available under subsection (a), the Administrator
19 shall reserve 2 percent for the administrative costs nec-
20 essary to carry out activities pursuant to that sub-
21 section.’’.
22 SEC. 30109. FUNDING FOR SECTION 211(O) OF THE CLEAN
23 AIR ACT.
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1 to the Administrator of the Environmental Protection
2 Agency for fiscal year 2022, out of any money in the
3 Treasury not otherwise appropriated, $5,000,000, to re-
4 main available until September 30, 2031, to carry out sec-
5 tion 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) with
6 respect to—
7 (1) the development and establishment of tests
8 and protocols regarding the environmental and pub-
9 lic health effects of a fuel or fuel additive;
10 (2) internal and extramural data collection and
11 analyses to regularly update applicable regulations,
12 guidance, and procedures for determining lifecycle
13 greenhouse gas emissions of a fuel; and
14 (3) the review, analysis and evaluation of the
15 impacts of all transportation fuels, including fuel
16 lifecycle implications, on the general public and on
17 low-income and disadvantaged communities.
18 (b) INVESTMENTS IN ADVANCED BIOFUELS.—In ad-
19 dition to amounts otherwise available, there is appro-
20 priated to the Administrator of the Environmental Protec-
21 tion Agency for fiscal year 2022, out of any money in the
22 Treasury not otherwise appropriated, $10,000,000, to re-
23 main available until September 30, 2031, for new grants
24 to industry and other related activities under section
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1 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) to sup-
2 port investments in advanced biofuels.
3 SEC. 30110. FUNDING FOR IMPLEMENTATION OF THE
5 TURING ACT.
6 (a) APPROPRIATIONS.—
7 (1) IN GENERAL.—In addition to amounts oth-
8 erwise available, there is appropriated to the Admin-
9 istrator of the Environmental Protection Agency for
10 fiscal year 2022, out of any money in the Treasury
11 not otherwise appropriated, $20,000,000, to remain
12 available until September 30, 2026, to carry out
13 subsections (a) through (i) and subsection (k) of sec-
14 tion 103 of division S of Public Law 116–260 (42
15 U.S.C. 7675).
16 (2) IMPLEMENTATION AND COMPLIANCE
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1 (3) COMPETITIVE GRANTS.—In addition to
2 amounts otherwise available, there is appropriated to
3 the Administrator of the Environmental Protection
4 Agency for fiscal year 2022, out of any money in the
5 Treasury not otherwise appropriated, $15,000,000,
6 to remain available until September 30, 2026, for
7 competitive grants for reclaim and innovative de-
8 struction technologies under subsections (a) through
9 (i) and subsection (k) of section 103 of division S
10 of Public Law 116–260 (42 U.S.C. 7675).
11 (b) ADMINISTRATION OF FUNDS.—Of the funds
12 made available pursuant to subsection (a)(3), the Admin-
13 istrator of the Environmental Protection Agency shall re-
14 serve 5 percent for administrative costs necessary to carry
15 out activities pursuant to such subsection.
16 SEC. 30111. FUNDING FOR ENFORCEMENT TECHNOLOGY
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1 mation technology infrastructure, or public access soft-
2 ware tools to ensure access to compliance data and related
3 information.
4 (b) COMMUNICATIONS WITH ICIS.—In addition to
5 amounts otherwise available, there is appropriated to the
6 Administrator of the Environmental Protection Agency for
7 fiscal year 2022, out of any money in the Treasury not
8 otherwise appropriated, $7,000,000, to remain available
9 until September 30, 2031, for grants to States, Indian
10 tribes, and air pollution control agencies (as such terms
11 are defined in section 302 of the Clean Air Act (42 U.S.C.
12 7602)) to update their systems to ensure communication
13 with the Integrated Compliance Information System of the
14 Environmental Protection Agency and any associated sys-
15 tems.
16 (c) INSPECTION SOFTWARE.—In addition to amounts
17 otherwise available, there is appropriated to the Adminis-
18 trator of the Environmental Protection Agency for fiscal
19 year 2022, out of any money in the Treasury not otherwise
20 appropriated, $6,000,000, to remain available until Sep-
21 tember 30, 2031—
22 (1) to acquire or update inspection software for
23 use by the Environmental Protection Agency, States,
24 Indian tribes, and air pollution control agencies (as
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1 such terms are defined in section 302 of the Clean
2 Air Act (42 U.S.C. 7602)); or
3 (2) to acquire necessary devices on which to run
4 such inspection software.
5 SEC. 30112. GREENHOUSE GAS CORPORATE REPORTING.
21 SISTANCE.
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1 $250,000,000, to remain available until September 30,
2 2031, to develop and carry out a program to support the
3 development, and enhanced standardization and trans-
4 parency, of environmental product declarations for con-
5 struction materials and products, including by—
6 (1) providing grants to businesses that manu-
7 facture construction materials and products for de-
8 veloping and verifying environmental product dec-
9 larations;
10 (2) providing technical assistance to businesses
11 that manufacture construction materials and prod-
12 ucts in developing and verifying environmental prod-
13 uct declarations; and
14 (3) carrying out other activities that assist in
15 measuring and steadily reducing the quantity of em-
16 bodied carbon of construction materials and prod-
17 ucts.
18 (b) ADMINISTRATIVE COSTS.—Of the amounts made
19 available under this section, the Administrator of the En-
20 vironmental Protection Agency shall reserve 5 percent for
21 administrative costs necessary to carry out this section.
22 (c) DEFINITIONS.—In this section:
23 (1) EMBODIED CARBON.—The term ‘‘embodied
24 carbon’’ means the quantity of greenhouse gas emis-
25 sions associated with all relevant stages of produc-
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1 tion of a material or product, measured in kilograms
2 of carbon dioxide-equivalent per unit of such mate-
3 rial or product.
4 (2) ENVIRONMENTAL PRODUCT DECLARA-
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1 ‘‘SEC. 136. METHANE EMISSIONS AND WASTE REDUCTION
332
1 ural gas systems, mitigate legacy air pollution from
2 petroleum and natural gas systems, and provide sup-
3 port for communities, including funding for—
4 ‘‘(A) improving climate resiliency of com-
5 munities and petroleum and natural gas sys-
6 tems;
7 ‘‘(B) improving and deploying industrial
8 equipment and processes that reduce methane
9 and other greenhouse gas emissions and waste;
10 ‘‘(C) supporting innovation in reducing
11 methane and other greenhouse gas emissions
12 and waste from petroleum and natural gas sys-
13 tems;
14 ‘‘(D) mitigating health effects of methane
15 and other greenhouse gas emissions, and legacy
16 air pollution from petroleum and natural gas
17 systems in low-income and disadvantaged com-
18 munities; and
19 ‘‘(E) supporting environmental restoration;
20 and
21 ‘‘(4) to cover all direct and indirect costs re-
22 quired to administer this section, including the costs
23 of implementing the waste emissions charge, pre-
24 paring inventories, gathering empirical data, and
25 tracking emissions.
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1 ‘‘(b) WASTE EMISSIONS CHARGE.—The Adminis-
2 trator shall impose and collect a charge on methane emis-
3 sions that exceed an applicable waste emissions threshold
4 under subsection (e) from an owner or operator of an ap-
5 plicable facility that is required to report methane emis-
6 sions pursuant to subpart W of part 98 of title 40, Code
7 of Federal Regulations (or any successor regulations).
8 ‘‘(c) APPLICABLE FACILITY.—For purposes of this
9 section, the term ‘applicable facility’ means a facility with-
10 in the following industry segments, as defined in subpart
11 W of part 98 of title 40, Code of Federal Regulations (or
12 any successor regulations):
13 ‘‘(1) Offshore petroleum and natural gas pro-
14 duction.
15 ‘‘(2) Onshore petroleum and natural gas pro-
16 duction.
17 ‘‘(3) Onshore natural gas processing,
18 ‘‘(4) Onshore natural gas transmission com-
19 pression.
20 ‘‘(5) Underground natural gas storage.
21 ‘‘(6) Liquefied natural gas storage.
22 ‘‘(7) Liquefied natural gas import and export
23 equipment.
24 ‘‘(8) Onshore petroleum and natural gas gath-
25 ering and boosting.
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1 ‘‘(9) Onshore natural gas transmission pipeline.
2 ‘‘(d) CHARGE AMOUNT.—The amount of a charge
3 under subsection (b) for an applicable facility shall be
4 equal to the product obtained by multiplying—
5 ‘‘(1) the number of tons of methane reported
6 for the applicable facility emitted above the applica-
7 ble annual waste emissions thresholds listed in (e),
8 pursuant to subpart W of part 98 of title 40, Code
9 of Federal Regulations (or any successor regula-
10 tions), during the previous reporting period; and
11 ‘‘(2)(A) $900 for emissions reported for cal-
12 endar year 2023;
13 ‘‘(B) $1200 for emissions reported for calendar
14 year 2024; or
15 ‘‘(C) $1500 for emissions reported for calendar
16 year 2025 and each year thereafter.
17 ‘‘(e) WASTE EMISSIONS THRESHOLD.—
18 ‘‘(1) PETROLEUM AND NATURAL GAS PRODUC-
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1 ‘‘(A) 0.20 percent of the natural gas sent
2 to sale from such facility; or
3 ‘‘(B) 10 metric tons of methane per million
4 barrels of oil sent to sale from such facility, if
5 such facility sent no natural gas to sale.
6 ‘‘(2) NONPRODUCTION PETROLEUM AND NAT-
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1 caused by unreasonable delay in environmental per-
2 mitting of gathering infrastructure.
3 ‘‘(f) PERIOD.—The charge under subsection (b) shall
4 be imposed and collected beginning with respect to emis-
5 sions reported for calendar year 2023 and for each year
6 thereafter.
7 ‘‘(g) IMPLEMENTATION.—In addition to other au-
8 thorities in this Act addressing air pollution from the oil
9 and natural gas sectors, the Administrator may issue
10 guidance or regulations as necessary to carry out this sec-
11 tion.
12 ‘‘(h) REPORTING.—Not later than 2 years after the
13 date of enactment of this section, and as necessary there-
14 after, the Administrator shall revise the requirements of
15 subpart W of part 98 of title 40, Code of Federal Regula-
16 tions—
17 ‘‘(1) to reduce the facility emissions threshold
18 for reporting under such subpart and for paying the
19 charge imposed under this section to 10,000 metric
20 tons of carbon dioxide equivalent of greenhouse
21 gases emitted per year; and
22 ‘‘(2) to ensure the reporting under such sub-
23 part, and calculation of charges under subsections
24 (d) and (e) of this section, are based on empirical
25 data and accurately reflect the total methane emis-
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1 sions and waste emissions from the applicable facili-
2 ties.
3 ‘‘(i) LIABILITY FOR CHARGE PAYMENT.—A facility
4 owner or operator’s liability for payment of the charge
5 under subsection (b) is not affected in any way by emis-
6 sion standards, permit fees, penalties, or other require-
7 ments under this Act or any other legal authorities.’’.
8 SEC. 30115. FUNDING FOR THE OFFICE OF THE INSPECTOR
10 TION AGENCY.
24 IMPLEMENTATION GRANTS.
25 ‘‘(a) APPROPRIATIONS.—
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1 ‘‘(1) GREENHOUSE GAS AIR POLLUTION PLAN-
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1 least one eligible entity in each State for the costs of devel-
2 oping a plan for the reduction of greenhouse gas air pollu-
3 tion to be submitted with an application for a grant under
4 subsection (c). Each such plan shall include programs,
5 policies, measures, and projects that will achieve or facili-
6 tate the reduction of greenhouse gas air pollution. Not
7 later than 270 days after the date of enactment of this
8 section, the Administrator shall publish a funding oppor-
9 tunity announcement for grants under this subsection.
10 ‘‘(c) GREENHOUSE GAS AIR POLLUTION REDUCTION
11 IMPLEMENTATION GRANTS.—
12 ‘‘(1) IN GENERAL.—The Administrator shall
13 competitively award grants to eligible entities to im-
14 plement plans developed under subsection (b).
15 ‘‘(2) APPLICATION.—To apply for a grant
16 under this subsection, an eligible entity shall submit
17 to the Administrator an application at such time, in
18 such manner, and containing such information as
19 the Administrator shall require, which such applica-
20 tion shall include information regarding—
21 ‘‘(A) the degree to which greenhouse gas
22 air pollution is projected to be reduced, includ-
23 ing with respect to low-income and disadvan-
24 taged communities; and
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1 ‘‘(B) the quantifiability, specificity,
2 additionality, permanence, and verifiability of
3 such projected greenhouse gas air pollution re-
4 duction.
5 ‘‘(3) TERMS AND CONDITIONS.—The Adminis-
6 trator shall make funds available to a grantee under
7 this subsection in such amounts, upon such a sched-
8 ule, and subject to such conditions based on its per-
9 formance in implementing its plan submitted under
10 this section and in achieving projected greenhouse
11 gas air pollution reduction, as determined by the Ad-
12 ministrator.
13 ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section,
14 the term ‘eligible entity’ means—
15 ‘‘(1) a State;
16 ‘‘(2) an air pollution control agency;
17 ‘‘(3) a municipality;
18 ‘‘(4) an Indian tribe; and
19 ‘‘(5) a group of one or more entities listed in
20 paragraphs (1) through (4).’’.
21 SEC. 30117. ENVIRONMENTAL PROTECTION AGENCY EFFI-
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1 otherwise appropriated, $20,000,000, to remain available
2 until September 30, 2026, to provide for the development
3 of efficient, accurate, and timely reviews for permitting
4 and approval processes through the hiring and training
5 of personnel, the development of programmatic docu-
6 ments, the procurement of technical or scientific services
7 for reviews, the development of environmental data or in-
8 formation systems, stakeholder and community engage-
9 ment, the purchase of new equipment for environmental
10 analysis, and the development of geographic information
11 systems and other analysis tools, techniques, and guidance
12 to improve agency transparency, accountability, and public
13 engagement.
14 SEC. 30118. LOW-EMBODIED CARBON LABELING FOR CON-
16 TATION PROJECTS.
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1 materials and products used for transportation projects,
2 and for necessary administrative costs of the Adminis-
3 trator of the Environmental Protection Agency to carry
4 out this section.
5 (b) DEFINITIONS.—In this section:
6 (1) EMBODIED CARBON.—The term ‘‘embodied
7 carbon’’ means the quantity of greenhouse gas emis-
8 sions associated with all relevant stages of produc-
9 tion of a material or product, measured in kilograms
10 of carbon dioxide-equivalent per unit of such mate-
11 rial or product.
12 (2) ENVIRONMENTAL PRODUCT DECLARA-
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1 (3) LOW-EMBODIED CARBON CONSTRUCTION
14 ‘‘(a) APPROPRIATIONS.—
15 ‘‘(1) ORGANICS RECYCLING AND FOOD
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1 material, including any facility, machinery, or
2 equipment used to collect and process organic
3 material; or
4 ‘‘(B) measure, reduce, and prevent food
5 waste.
6 ‘‘(2) OTHER WASTE REDUCTION ACTIVITIES.—
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1 ‘‘(C) support the development and imple-
2 mentation of activities that reduce the amount
3 of waste disposed of in landfills or prevent the
4 disposal of waste in landfills, including—
5 ‘‘(i) expanding the availability of
6 source-separated organic waste collection;
7 ‘‘(ii) encouraging diversion of organic
8 waste from landfills; or
9 ‘‘(iii) increasing fees imposed on the
10 disposal of waste, including organic waste,
11 at landfills.
12 ‘‘(b) ADMINISTRATION OF FUNDS.—Of the amounts
13 made available under subsection (a), the Administrator
14 shall reserve 5 percent for the administrative costs nec-
15 essary to carry out activities pursuant to that subsection.
16 ‘‘(c) DEFINITION OF ELIGIBLE RECIPIENT.—In this
17 section, the term ‘eligible recipient’ means—
18 ‘‘(1) a single unit of State, local, or Tribal gov-
19 ernment; or
20 ‘‘(2) a nonprofit organization.’’.
21 SEC. 30202. ENVIRONMENTAL AND CLIMATE JUSTICE
22 BLOCK GRANTS.
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1 ‘‘SEC. 137. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK
2 GRANTS.
347
1 workforce development that help reduce green-
2 house gas emissions and other air pollutants;
3 ‘‘(B) mitigating climate and health risks
4 from urban heat islands, extreme heat, wood
5 heater emissions, and wildfire events;
6 ‘‘(C) climate resiliency and adaptation;
7 ‘‘(D) reducing indoor toxics and indoor air
8 pollution; or
9 ‘‘(E) facilitating engagement of disadvan-
10 taged communities in State and Federal public
11 processes, including facilitating such engage-
12 ment in advisory groups, workshops, and
13 rulemakings.
14 ‘‘(3) ELIGIBLE ENTITIES.—In this subsection,
15 the term ‘eligible entity’ means—
16 ‘‘(A) a partnership between—
17 ‘‘(i) an Indian Tribe, a local govern-
18 ment, or an institution of higher education;
19 and
20 ‘‘(ii) a community-based nonprofit or-
21 ganization;
22 ‘‘(B) a community-based nonprofit organi-
23 zation; or
24 ‘‘(C) a partnership of community-based
25 nonprofit organizations.
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1 ‘‘(c) ADMINISTRATIVE COSTS.—The Administrator
2 shall reserve 7 percent of the amounts made available
3 under subsection (a) for administrative costs to carry out
4 this section.’’.
5 SEC. 30203. FUNDING FOR DATA COLLECTION ON NA-
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1 ble for grants under that program that serve com-
2 munities determined to be disadvantaged commu-
3 nities pursuant to paragraph (3)(A) of such sub-
4 section, for full service line replacement within those
5 disadvantaged communities;
6 (2) grants for the installation and maintenance
7 of lead filtration stations at schools and child care
8 programs (as defined in section 1464(d)(1) of that
9 Act (42 U.S.C. 300j–24(d)(1)) that serve disadvan-
10 taged communities; and
11 (3) grants under subsection (d) of section 1464
12 of that Act (42 U.S.C. 300j–24)—
13 (A) to pay the costs of replacement of
14 drinking water fountains in schools and child
15 care programs that serve disadvantaged com-
16 munities;
17 (B) for lead remediation projects in build-
18 ings operated by entities eligible for grants
19 under that subsection that serve disadvantaged
20 communities; and
21 (C) for compliance monitoring in disadvan-
22 taged communities.
23 (b) COST-SHARE WAIVER.—An entity receiving as-
24 sistance pursuant to this section shall not be required to
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1 provide a share of the costs of carrying out the project
2 or activity funded by that assistance.
3 (c) ADMINISTRATIVE COSTS.—Of the amounts made
4 available under subsection (a), the Administrator of the
5 Environmental Protection Agency shall reserve 7 percent
6 for the administrative costs of carrying out this section.
7 SEC. 30302. FUNDING FOR WATER ASSISTANCE PROGRAM.
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1 (b) REQUIREMENT.—Of the amounts made available
2 under subsection (a), the Administrator of the Environ-
3 mental Protection Agency shall reserve not more than 3
4 percent to provide the assistance described in that sub-
5 section to Indian Tribes and Tribal organizations.
6 (c) COST-SHARE WAIVER.—An entity receiving as-
7 sistance pursuant to this section shall not be required to
8 provide a share of the costs of carrying out the activity
9 funded by that assistance.
10 (d) ADMINISTRATIVE COSTS.—Of the amounts made
11 available under subsection (a), the Administrator of the
12 Environmental Protection Agency shall reserve 7 percent
13 for the administrative costs of carrying out this section.
14 (e) DEFINITION OF STATE.—In this section, the term
15 ‘‘State’’ means—
16 (1) each of the 50 States;
17 (2) the District of Columbia;
18 (3) the Commonwealth of Puerto Rico;
19 (4) American Samoa;
20 (5) Guam;
21 (6) the United States Virgin Islands; and
22 (7) the Commonwealth of the Northern Mar-
23 iana Islands.
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1 Subtitle D—Energy
2 PART 1—RESIDENTIAL EFFICIENCY AND
3 ELECTRIFICATION REBATES
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1 (2) QUALIFYING PROGRAMS.—For the purposes
2 of this paragraph, qualifying programs are programs
3 that—
4 (A) provide the equivalent of at least 30
5 hours in total course time;
6 (B) are provided by a provider that is ac-
7 credited by the Interstate Renewable Energy
8 Council or has other accreditation determined
9 to be equivalent by the Secretary;
10 (C) are, with respect to a particular job,
11 aligned with the relevant National Renewable
12 Energy Laboratory Job Task Analysis, or other
13 credentialing program foundation that helps
14 identify the necessary core knowledge areas,
15 critical work functions, or skills, as approved by
16 the Secretary;
17 (D) have established learning objectives;
18 (E) include, as the Secretary determines
19 appropriate, an appropriate assessment of such
20 learning objectives that may include a final
21 exam, to be proctored on-site or through remote
22 proctoring, or an in-person field exam; and
23 (F) include training related to—
24 (i) contractor certification;
25 (ii) energy auditing or assessment;
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1 (iii) home energy systems (including
2 Energy Star-qualified HVAC systems and
3 Wi-Fi-enabled home energy communica-
4 tions technology, or any future technology
5 that achieves the same goals);
6 (iv) insulation installation and air
7 leakage control;
8 (v) health and safety regarding the in-
9 stallation of energy efficiency measures or
10 health and safety impacts associated with
11 energy efficiency retrofits;
12 (vi) indoor air quality;
13 (vii) energy efficiency retrofits in
14 manufactured housing; and
15 (viii) residential electrification train-
16 ing and conversion training.
17 (3) STATE ENERGY PROGRAM PROVIDERS.—A
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1 (A) ELIGIBLE USE OF FUNDS.—Of the
2 amounts made available to a State under this
3 subsection, 85 percent shall be used by the
4 State—
5 (i) to support the operations of quali-
6 fying programs, including establishing,
7 modifying, or maintaining the online sys-
8 tems, staff time, and software and online
9 program management, through a course
10 that meets the applicable criteria;
11 (ii) to reimburse the contractor com-
12 pany for training costs for employees;
13 (iii) to provide any home technology
14 support needed for an employee to receive
15 training pursuant to this subsection; and
16 (iv) to support wages of employees
17 during training.
18 (B) TIMING OF OBLIGATIONS.—Amounts
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1 wise recaptured for any reason shall be used to
2 fund grants under subsection (b).
3 (b) HOME OWNER MANAGING ENERGY SAVINGS
4 (HOMES) REBATES.—
5 (1) APPROPRIATION.—In addition to amounts
6 otherwise available, there is appropriated to the Sec-
7 retary for fiscal year 2022, out of any money in the
8 Treasury not otherwise appropriated,
9 $5,890,000,000, to remain available until September
10 30, 2030, to award grants, in accordance with the
11 formula for the State Energy Program under part D
12 of title III of the Energy Policy and Conservation
13 Act in effect on January 1, 2021, to State energy
14 offices to establish Home Owner Managing Energy
15 Savings (HOMES) Rebate Programs pursuant to
16 section 362(d)(5) of such Act (42 U.S.C.
17 6322(d)(5)), and for administrative expenses associ-
18 ated with carrying out this subsection.
19 (2) COORDINATION.—In carrying out this sub-
20 section, the Secretary shall coordinate with State en-
21 ergy offices to ensure that programs that receive
22 awards are formulated to achieve maximum green-
23 house gas emissions reductions and household en-
24 ergy and costs savings.
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1 (3) APPLICATION.—In order to receive a grant
2 under this subsection, a State shall submit to the
3 Secretary an application that includes a plan to im-
4 plement a qualifying State program that includes—
5 (A) a plan to ensure that each home en-
6 ergy efficiency retrofit under the program—
7 (i) is completed by a contractor who
8 meets minimum training requirements, cer-
9 tification requirements, and other require-
10 ments established by the Secretary; and
11 (ii) includes installation of 1 or more
12 home energy efficiency retrofit measures
13 that are modeled to achieve, or are shown
14 to achieve, the minimum reduction re-
15 quired in home energy use, or with respect
16 to a portfolio of home energy efficiency ret-
17 rofits, in aggregated home energy use for
18 such portfolio;
19 (B) a plan—
20 (i) to utilize, for purposes of modeled
21 performance home rebates, modeling soft-
22 ware, methods, and procedures for deter-
23 mining and documenting the reductions in
24 home energy use resulting from the imple-
25 mentation of a home energy efficiency ret-
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1 rofit that is calibrated to historical energy
2 usage for a home consistent with BPI
3 2400, that are approved by the Secretary,
4 that can provide evidence for necessary im-
5 provements to a State program, and that
6 can help to calibrate models for accuracy;
7 (ii) to utilize, for purposes of meas-
8 ured performance home rebates, open-
9 source advanced measurement and
10 verification software approved by the Sec-
11 retary for determining and documenting
12 the monthly and hourly (if available)
13 weather-normalized baseline energy use of
14 a home, the reductions in monthly and
15 hourly (if available) weather-normalized
16 energy use of a home resulting from the
17 implementation of a home energy efficiency
18 retrofit, and open-source advanced meas-
19 urement and verification software approved
20 by the Secretary; and
21 (iii) to value savings based on time,
22 location, or greenhouse gas emissions;
23 (C) procedures for a homeowner to trans-
24 fer the right to claim a rebate to the contractor
25 performing the applicable home energy effi-
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1 ciency retrofit or to an aggregator, if the State
2 program will utilize aggregators;
3 (D) if the State program will utilize
4 aggregators to facilitate delivery of rebates to
5 homeowners or contractors, requirements for an
6 entity to be eligible to serve as an aggregator;
7 (E) quality monitoring to ensure that each
8 installation that receives a rebate is documented
9 in a certificate, provided by the contractor to
10 the homeowner, that details the work, including
11 information about the characteristics of equip-
12 ment and materials installed, as well as pro-
13 jected energy savings or energy generation, in a
14 way that will enable the homeowner to clearly
15 communicate the value of the high-performing
16 features funded by the rebate to buyers, real es-
17 tate agents, appraisers and lenders; and
18 (F) a procedure for providing the con-
19 tractor performing a home energy efficiency ret-
20 rofit or an aggregator who has the right to
21 claim such rebate with $200 for each home lo-
22 cated in an underserved community that re-
23 ceives a home efficiency retrofit for which a re-
24 bate is provided under the program.
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1 (4) AMOUNT OF REBATES FOR SINGLE FAMILY
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1 (B) multifamily building owners and
2 aggregators for the energy efficiency upgrades
3 of multifamily buildings—
4 (i) $2,000 per dwelling unit for a ret-
5 rofit that achieves at least 20 percent mod-
6 eled energy system savings up a maximum
7 of $200,000 per multifamily building;
8 (ii) $4,000 per dwelling unit for a ret-
9 rofit that achieves at least 35 percent mod-
10 eled energy system savings up to a max-
11 imum of $400,000 per multifamily build-
12 ing; or
13 (iii) for measured energy savings, a
14 payment rate per kilowatt hours saved, or
15 kilowatt hour-equivalent saves, equal to
16 $2,000 for a 20 percent reduction of en-
17 ergy use for the average multifamily build-
18 ing in the State, for multifamily buildings
19 or portfolios of buildings that achieve at
20 least 15 percent energy savings, or 50 per-
21 cent of the project cost, whichever is lower;
22 or
23 (C) individuals and aggregators for the en-
24 ergy efficiency upgrades of single family homes
25 of 4 units or less or multifamily buildings that
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1 are occupied by residents with an annual in-
2 come of less than 80 percent of the area median
3 income as published publicly by the Department
4 of Housing and Urban Development—
5 (i) $4,000 for a retrofit that achieves
6 at least 20 percent modeled energy system
7 savings or 80 percent of the project cost,
8 whichever is lower;
9 (ii) $8,000 for a retrofit that achieves
10 at least 35 percent modeled energy system
11 savings or 80 percent of the project cost,
12 whichever is lower; or
13 (iii) for measured energy savings, a
14 payment rate per kilowatt hour saved, or
15 kilowatt hour-equivalent saved, equal to
16 $4,000 for a 20 percent reduction of en-
17 ergy use for the average multifamily build-
18 ing in the State, for multifamily buildings
19 or portfolios of buildings that achieve at
20 least 15 percent energy savings, or 80 per-
21 cent of the project cost, whichever is lower.
22 (5) REQUIREMENT.—Not less than 25 percent
23 of the funds provided to a State energy office under
24 this subsection shall be used for the purposes of
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1 each of subparagraphs (A), (B), and (C) of para-
2 graph (4).
3 (6) ELIGIBILITY OF CERTAIN APPLIANCES.—In
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1 amended by this subtitle) may be used in conjunc-
2 tion with the funds made available under this sub-
3 section.
4 (c) DEFINITIONS.—In this section:
5 (1) AGGREGATOR.—The term ‘‘aggregator’’
6 means a gas utility, electric utility, commercial enti-
7 ty, nonprofit entity, or State or local government en-
8 tity that may receive rebates provided under a State
9 program under this section for 1 or more portfolios
10 consisting of 1 or more energy efficiency retrofits.
11 (2) CONTRACTOR CERTIFICATION.—The term
12 ‘‘contractor certification’’ means—
13 (A) an industry recognized certification
14 that may be obtained by a residential contractor
15 to advance the expertise and education of the
16 contractor in energy efficiency retrofits of resi-
17 dential buildings; and
18 (B) any other certification the Secretary
19 determines appropriate for purposes of the
20 HOMES Rebate Program established under
21 subsection (b).
22 (3) CONTRACTOR COMPANY.—The term ‘‘con-
23 tractor company’’ means a company—
24 (A) the business of which is to provide
25 services to residential building owners with re-
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1 spect to HVAC systems, insulation, air sealing,
2 or other services that are approved by the Sec-
3 retary;
4 (B) that holds the licenses and insurance
5 required by the State in which the company
6 provides services; and
7 (C) that provides services for which a re-
8 bate may be provided pursuant to the HOMES
9 Rebate Program established under subsection
10 (b).
11 (4) ENERGY STAR PROGRAM.—The term ‘‘En-
12 ergy Star program’’ means the program established
13 by section 324A of the Energy Policy and Conserva-
14 tion Act (42 U.S.C. 6294a).
15 (5) HOME.—The term ‘‘home’’ means a build-
16 ing with not more than 4 dwelling units or a manu-
17 factured housing unit (including a unit built before
18 June 15, 1976), that—
19 (A) is located in the United States;
20 (B) was constructed before the date of en-
21 actment of this Act;
22 (C) is occupied at least 6 months out of
23 the year; and
24 (D) is not on a military base.
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1 (6) HVAC SYSTEM.—The term ‘‘HVAC sys-
2 tem’’ means a system—
3 (A) is certified under the Energy Star pro-
4 gram;
5 (B) consisting of a heating component, a
6 ventilation component, and an air-conditioning
7 component; and
8 (C) the components of which may include
9 central air conditioning, a heat pump, a fur-
10 nace, a boiler, a rooftop unit, and a window
11 unit.
12 (7) MULTIFAMILY BUILDING.—The term ‘‘mul-
13 tifamily building’’ means a building—
14 (A) with 5 or more dwelling units; and
15 (B) that is not on a military base.
16 (8) SECRETARY.—The term ‘‘Secretary’’ means
17 the Secretary of Energy.
18 (9) STATE ENERGY OFFICE.—The term ‘‘State
19 energy office’’ has the meaning given the term
20 ‘‘State energy agency’’ in section 391(10) of the En-
21 ergy Policy and Conservation Act (42 U.S.C.
22 6371(10)).
23 (10) UNDERSERVED COMMUNITY.—The term
24 ‘‘underserved community’’ means—
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1 (A) a community located in a ZIP Code
2 that includes 1 or more census tracts that are
3 identified as—
4 (i) a low-income community; or
5 (ii) a community of racial or ethnic
6 minority concentration; or
7 (B) any other community that the Sec-
8 retary determines is disproportionately vulner-
9 able to, or bears a disproportionate burden of,
10 any combination of economic, social, and envi-
11 ronmental stressors.
12 SEC. 30412. HIGH-EFFICIENCY ELECTRIC HOME REBATE
13 PROGRAM.
18 PROGRAM.
19 ‘‘(a) APPROPRIATIONS.—
20 ‘‘(1) IN GENERAL.—In addition to amounts
21 otherwise available, there is appropriated to the Sec-
22 retary for fiscal year 2022, out of any money in the
23 Treasury not otherwise appropriated—
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1 ‘‘(A) $2,226,000,000, to remain available
2 until September 30, 2031, to provide rebates
3 under this section;
4 ‘‘(B) $4,000,000, to remain available until
5 September 30, 2031, for community and con-
6 sumer education and outreach related to car-
7 rying out this section; and
8 ‘‘(C) $220,000,000, to remain available
9 until September 30, 2031, to administer this
10 section and to provide administrative and tech-
11 nical support to certified contractor companies,
12 qualified providers, States, and Indian Tribes.
13 ‘‘(2) ADDITIONAL FUNDING FOR TRIBAL COM-
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1 ‘‘(B) any necessary administrative or tech-
2 nical support for those qualified electrification
3 projects.
4 ‘‘(b) HIGH-EFFICIENCY ELECTRIC HOME REBATES
5 FOR QUALIFIED ELECTRIFICATION PROJECTS.—
6 ‘‘(1) HIGH-EFFICIENCY ELECTRIC HOME RE-
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1 ‘‘(ii) in the case of a qualified elec-
2 trification project described in subsection
3 (d)(11)(A)(i)(II) that installs a heat pump
4 HVAC system—
5 ‘‘(I)(aa) not more than $3,000 if
6 the heat pump HVAC system has a
7 heating capacity of not less than
8 27,500 Btu per hour; or
9 ‘‘(bb) not more than $4,000 if
10 the heat pump HVAC system meets
11 Energy Star program cold climate cri-
12 teria and is installed in a cold climate,
13 as determined by the Secretary;
14 ‘‘(II)(aa) not more than $1,500 if
15 the heat pump HVAC system has a
16 heating capacity of less than 27,500
17 Btu per hour; or
18 ‘‘(bb) not more than $2,000 if
19 the heat pump HVAC system meets
20 Energy Star program cold climate cri-
21 teria and is installed in a cold climate,
22 as determined by the Secretary; and
23 ‘‘(III) $250, in addition to the
24 amount described in subclause (I) or
25 (II), if a qualified electrification
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1 project described in subsection
2 (d)(11)(A)(i)(V) that installs insula-
3 tion, air sealing, and ventilation in ac-
4 cordance with clause (v) is completed
5 within 6 months before or after the
6 qualified electrification project de-
7 scribed in that subclause;
8 ‘‘(iii) in the case of a qualified elec-
9 trification project described in subclause
10 (III) or (IV) of subsection (d)(11)(A)(i),
11 not more than $600;
12 ‘‘(iv) in the case of a qualified elec-
13 trification project described in subsection
14 (d)(11)(A)(i)(I) that installs an electric
15 load or service center panel that enables
16 the installation and use of any upgrade,
17 appliance, system, equipment, infrastruc-
18 ture, component, or other item installed
19 pursuant to any other qualified electrifica-
20 tion project, not more than $3,000;
21 ‘‘(v) in the case of a qualified elec-
22 trification project described in subsection
23 (d)(11)(A)(i)(V) that installs insulation
24 and air sealing, not more than $800; and
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1 ‘‘(vi) in the case of any other qualified
2 electrification project, including a qualified
3 electrification project described in any of
4 subclauses (I) through (III) of subsection
5 (d)(11)(A)(ii), for which the Secretary pro-
6 vides a high-efficiency electric home rebate,
7 not more than an amount determined by
8 the Secretary for that qualified electrifica-
9 tion project, subject to subparagraph (B).
10 ‘‘(B) LIMITATIONS ON AMOUNT OF RE-
11 BATE.—
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1 of the total cost of the applicable
2 qualified electrification project.
3 ‘‘(II) LABOR COSTS.—Subject to
4 subsection (c)(1)(C), not more than
5 50 percent of the labor costs associ-
6 ated with a qualified electrification
7 project may be included in the 50 per-
8 cent of total costs for which a high-ef-
9 ficiency electric home rebate is pro-
10 vided under this subsection, as de-
11 scribed in subclause (I), subject to the
12 condition that labor costs account for
13 not more than 50 percent of the
14 amount of the high-efficiency electric
15 home rebate.
16 ‘‘(3) LIMITATIONS ON QEPS.—
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1 pump HVAC system only if the heat pump
2 HVAC system—
3 ‘‘(i) replaces—
4 ‘‘(I) a nonelectric HVAC system;
5 ‘‘(II) an electric resistance
6 HVAC system; or
7 ‘‘(III) an air conditioning unit
8 that—
9 ‘‘(aa) does not have a re-
10 versing valve; and
11 ‘‘(bb) has a lower seasonal
12 energy-efficiency ratio than the
13 heat pump HVAC system; or
14 ‘‘(ii) is part of new construction, as
15 determined by the Secretary.
16 ‘‘(C) HEAT PUMPS FOR WATER HEAT-
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1 ‘‘(II) a nonelectric water heater;
2 or
3 ‘‘(III) an electric resistance water
4 heater; or
5 ‘‘(ii) is part of new construction, as
6 determined by the Secretary.
7 ‘‘(D) ELECTRIC STOVES, COOKTOPS,
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1 ‘‘(4) ADDITIONAL INCENTIVES FOR CONTRAC-
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1 ‘‘(i) IN GENERAL.—With respect to
2 each qualified electrification project de-
3 scribed in clause (ii), the Secretary shall
4 provide a payment of $200 to the certified
5 contractor company or qualified provider
6 carrying out the qualified electrification
7 project.
8 ‘‘(ii) QUALIFIED ELECTRIFICATION
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1 er payment under subparagraph (C)
2 or (D).
3 ‘‘(C) INCENTIVE FOR CERTAIN LABOR
4 PRACTICES.—
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1 ‘‘(aa) all laborers and me-
2 chanics employed on the qualified
3 electrification project are paid
4 wages at rates not less than
5 those prevailing on projects of a
6 character similar in the locality;
7 and
8 ‘‘(bb) the certified con-
9 tractor company or qualified pro-
10 vider is not eligible for a higher
11 payment under subparagraph
12 (D).
13 ‘‘(D) MAXIMUM INCENTIVE.—
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1 ‘‘(aa) at a home or multi-
2 family building that—
3 ‘‘(AA) is located in an
4 underserved community or a
5 Tribal community; or
6 ‘‘(BB) is certified, or
7 the household of the home-
8 owner of which is certified,
9 as applicable, as low- or
10 moderate-income; and
11 ‘‘(bb) by a certified con-
12 tractor company or qualified pro-
13 vider that allows for the use of
14 collective bargaining agreements;
15 ‘‘(II) for which a rebate is pro-
16 vided under this subsection; and
17 ‘‘(III) with respect to which all
18 laborers and mechanics employed on
19 the qualified electrification project are
20 paid wages at rates not less than
21 those prevailing on projects of a char-
22 acter similar in the locality.
23 ‘‘(E) CLARIFICATION.—An amount pro-
24 vided to a certified contractor company or
25 qualified provider under any of subparagraphs
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1 (A) through (D) shall be in addition to the
2 amount of any high-efficiency electric home re-
3 bate received by the certified contractor com-
4 pany or qualified provider.
5 ‘‘(5) CLAIM.—
6 ‘‘(A) IN GENERAL.—Subject to paragraph
7 (2)(B), a homeowner, a certified contractor
8 company, or a qualified provider may claim a
9 separate high-efficiency electric home rebate
10 under this subsection for each qualified elec-
11 trification project carried out at a home.
12 ‘‘(B) TRANSFER.—The Secretary shall es-
13 tablish and publish procedures pursuant to
14 which a homeowner or owner of a multifamily
15 building may transfer the right to claim a re-
16 bate under this subsection to the certified con-
17 tractor company or qualified provider carrying
18 out the applicable qualified electrification
19 project.
20 ‘‘(6) MULTIFAMILY BUILDINGS.—
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1 the multifamily building into a single rebate,
2 subject to—
3 ‘‘(i) the condition that the applicable
4 qualified electrification projects benefit
5 each dwelling unit with respect to which
6 the rebate is claimed; and
7 ‘‘(ii) any maximum per-dwelling unit
8 rate established by the Secretary.
9 ‘‘(B) COSTS.—
10 ‘‘(i) IN GENERAL.—Subject to clause
11 (ii), the amount of a rebate under subpara-
12 graph (A) shall not exceed 50 percent of
13 the total cost, including labor costs, of the
14 applicable qualified electrification projects.
15 ‘‘(ii) LOW- OR MODERATE-INCOME
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1 amounts in accordance with this sub-
2 section; and
3 ‘‘(ii) for the enforcement of any limi-
4 tations under this subsection.
5 ‘‘(7) PROCESS.—
6 ‘‘(A) REBATE PROCESS.—Not later than
7 July 1, 2022, the Secretary shall establish a re-
8 bate processing system that provides immediate
9 price relief for consumers who purchase and
10 have installed qualified electrification projects,
11 in accordance with this section.
12 ‘‘(B) QUALIFIED ELECTRIFICATION
13 PROJECT LIST.—
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1 ‘‘(I) appropriate certifications
2 under the Energy Star program; and
3 ‘‘(II) other applicable require-
4 ments, such as requirements relating
5 to grid-interactive capability.
6 ‘‘(iii) UPDATES.—
7 ‘‘(I) IN GENERAL.—Not less fre-
8 quently than once every 3 years and
9 subject to subclause (II), the Sec-
10 retary shall publish an updated list of
11 qualified electrification projects for
12 which a high-efficiency electric home
13 rebate may be provided under this
14 subsection.
15 ‘‘(II) LIMITATION.—An updated
16 list under subclause (I) shall not allow
17 for any reductions in efficiency levels
18 for qualified electrification projects in-
19 cluded on the updated list that are
20 below an efficiency level provided in a
21 previously published version of the
22 list.
23 ‘‘(c) SPECIAL PROVISIONS FOR LOW- AND MOD-
24 ERATE-INCOME HOUSEHOLDS AND MULTIFAMILY BUILD-
25 INGS.—
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1 ‘‘(1) MAXIMUM AMOUNTS.—With respect to a
2 qualified electrification project carried out at a loca-
3 tion described in paragraph (2)—
4 ‘‘(A) a high-efficiency electric home rebate
5 shall be equal to—
6 ‘‘(i) in the case of a qualified elec-
7 trification project described in subsection
8 (b)(2)(A)(i), not more than $1,750;
9 ‘‘(ii) in the case of a qualified elec-
10 trification project described in subsection
11 (b)(2)(A)(ii)—
12 ‘‘(I)(aa) not more than $6,000 if
13 the applicable heat pump HVAC sys-
14 tem has a heating capacity of not less
15 than 27,500 Btu per hour; or
16 ‘‘(bb) not more than $7,000 if
17 the applicable heat pump HVAC sys-
18 tem meets Energy Star program cold
19 climate criteria and is installed in a
20 cold climate, as determined by the
21 Secretary; and
22 ‘‘(II)(aa) not more than $3,000 if
23 the applicable heat pump HVAC sys-
24 tem has a heating capacity of less
25 than 27,500 Btu per hour; or
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1 ‘‘(bb) not more than $3,500 if
2 the applicable heat pump HVAC sys-
3 tem meets Energy Star program cold
4 climate criteria and is installed in a
5 cold climate, as determined by the
6 Secretary;
7 ‘‘(iii) in the case of a qualified elec-
8 trification project described in subsection
9 (b)(2)(A)(iii), not more than $840;
10 ‘‘(iv) in the case of a qualified elec-
11 trification project described in subsection
12 (b)(2)(A)(iv), not more than $4,000;
13 ‘‘(v) in the case of a qualified elec-
14 trification project described in subsection
15 (b)(2)(A)(v) that installs insulation and air
16 sealing, not more than $1,600; and
17 ‘‘(vi) in the case of a qualified elec-
18 trification project described in subsection
19 (b)(2)(A)(vi), not more than an amount
20 determined by the Secretary for that quali-
21 fied electrification project, subject to sub-
22 paragraph (B);
23 ‘‘(B) the maximum total amount of high-
24 efficiency electric home rebates that may be
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1 awarded with respect to each home of a home-
2 owner shall be $14,000; and
3 ‘‘(C) the amount of a high-efficiency elec-
4 tric home rebate may be used to cover not more
5 than 100 percent of the costs, including labor
6 costs, of the applicable qualified electrification
7 project.
8 ‘‘(2) LOCATION DESCRIBED.—The maximum
9 amounts described in paragraph (1) shall apply to—
10 ‘‘(A) a home—
11 ‘‘(i) with respect to which the house-
12 hold of the homeowner is certified as low-
13 or moderate-income;
14 ‘‘(ii) that is located in a Tribal com-
15 munity; or
16 ‘‘(iii) in the case of a home that is
17 rented, with respect to which the household
18 of the renter is certified as low- or mod-
19 erate-income; or
20 ‘‘(B) a multifamily building—
21 ‘‘(i) that—
22 ‘‘(I) is certified as low- or mod-
23 erate-income; or
24 ‘‘(II) is located in a Tribal com-
25 munity; and
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1 ‘‘(ii) with respect to which more than
2 more than 1⁄2 of the dwelling units in the
3 multifamily building—
4 ‘‘(I) are occupied by households
5 the annual household incomes of
6 which do not exceed 80 percent of the
7 median annual household income for
8 the area in which the multifamily
9 building is located; and
10 ‘‘(II) have average monthly rent-
11 al prices that are equal to, or less
12 than, an amount that is equal to 30
13 percent of the average monthly house-
14 hold income for the area in which the
15 multifamily building is located.
16 ‘‘(3) REQUIREMENT.—The Secretary may pro-
17 vide a rebate in an amount described in paragraph
18 (1) to the owner of a multifamily building or home
19 (in the case of a home that is rented) that meets the
20 requirements of this section if the owner agrees in
21 writing to provide commensurate benefits of future
22 savings to renters in the multifamily building or
23 home.
24 ‘‘(d) DEFINITIONS.—In this section:
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1 ‘‘(1) CERTIFIED CONTRACTOR.—The term ‘cer-
2 tified contractor’ means a contractor with a certifi-
3 cation reflecting training, education, or other tech-
4 nical expertise relating to qualified electrification
5 projects for residential buildings, as identified by the
6 Secretary.
7 ‘‘(2) CERTIFIED CONTRACTOR COMPANY.—The
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1 ‘‘(A) a QEP described in any of subclauses
2 (II) through (IV) of paragraph (9)(A)(i); or
3 ‘‘(B) a QEP described in any of subclauses
4 (I) through (III) of paragraph (9)(A)(ii).
5 ‘‘(4) ENERGY STAR PROGRAM.—The term ‘En-
6 ergy Star program’ means the program established
7 by section 324A of the Energy Policy and Conserva-
8 tion Act (42 U.S.C. 6294a).
9 ‘‘(5) HEAT PUMP.—The term ‘heat pump’
10 means a heat pump used for water heating, space
11 heating, or space cooling that—
12 ‘‘(A) relies solely on electricity for its
13 source of power; and
14 ‘‘(B) is air-sourced, geothermal- or ground-
15 sourced, or water-sourced.
16 ‘‘(6) HIGH-EFFICIENCY ELECTRIC HOME RE-
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1 ‘‘(aa) the owner of that building,
2 condominium unit, or manufactured
3 housing unit, as applicable; or
4 ‘‘(bb) a renter; or
5 ‘‘(II) is a new-construction single-fam-
6 ily residential home; and
7 ‘‘(B) a unit of a multifamily building
8 that—
9 ‘‘(i) is owned by an individual who is
10 not the owner of the multifamily building;
11 ‘‘(ii) is located in a State, the District
12 of Columbia, or a territory of the United
13 States; and
14 ‘‘(iii) is the primary residence of—
15 ‘‘(I) the owner of that unit; or
16 ‘‘(II) a renter.
17 ‘‘(8) HVAC.—The term ‘HVAC’ means heat-
18 ing, ventilation, and air conditioning.
19 ‘‘(9) LOW- OR MODERATE-INCOME.—The term
20 ‘low - or moderate -income’, with respect to a house-
21 hold, means a household—
22 ‘‘(A) with an annual income that is less
23 than 80 percent of the annual median income
24 of the area in which the household is located,
25 which such annual median income of the area
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1 is determined according to publicly available
2 data; or
3 ‘‘(B) that is low-income as determined by
4 the Secretary.
5 ‘‘(10) MULTIFAMILY BUILDING.—The term
6 ‘multifamily building’ means any building—
7 ‘‘(A) with 5 or more dwelling units that—
8 ‘‘(i) are built on top of one another or
9 side-by-side; and
10 ‘‘(ii) may share common facilities; and
11 ‘‘(B) that is not a home.
12 ‘‘(11) QUALIFIED ELECTRIFICATION PROJECT;
13 QEP.—
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1 ‘‘(IV) an electric heat pump
2 clothes dryer; or
3 ‘‘(V) insulation, air sealing, and
4 ventilation, in accordance with re-
5 quirements established by the Sec-
6 retary; or
7 ‘‘(ii) installs, or enables the installa-
8 tion and use of, in a home or multifamily
9 building described in subparagraph (B)—
10 ‘‘(I) a solar photovoltaic system,
11 including any electrical equipment,
12 wiring, or other components necessary
13 for the installation and use of the
14 solar photovoltaic system, including a
15 battery storage system;
16 ‘‘(II) electric vehicle charging in-
17 frastructure or electric vehicle support
18 equipment necessary to recharge an
19 electric vehicle on-site; or
20 ‘‘(III) electrical rewiring, power
21 sharing plugs, or other installation
22 tasks directly related to and necessary
23 for the safe and effective functioning
24 of a QEP in a home or multifamily
25 building.
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1 ‘‘(B) HOME OR MULTIFAMILY BUILDING
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1 more portfolios that consist of 1 or more qualified
2 electrification projects.
3 ‘‘(13) SOLAR PHOTOVOLTAIC SYSTEM.—The
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1 amended by striking the item relating to section 124
2 and inserting the following:
‘‘Sec. 124. High-Efficiency Electric Home Rebate Program.’’.
7 RESILIENCE
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1 (1) IN GENERAL.—A State that receives funds
2 under this section shall use such funds to—
3 (A) provide technical assistance for car-
4 rying out a covered project;
5 (B) facilitate carrying out a covered
6 project, including by providing a grant, loan, or
7 other financial assistance to another entity;
8 (C) carry out a covered project; or
9 (D) pay for any administrative expenses
10 related to any activity described in subpara-
11 graphs (A) through (C).
12 (2) LIMIT ON TECHNICAL ASSISTANCE.—A
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1 (iv) grid integration; and
2 (B) may include a combined heat and
3 power, microgrid, or energy storage component.
4 (2) ELIGIBLE FACILITY.—The term ‘‘eligible fa-
5 cility’’ means a public or nonprofit building de-
6 scribed in section 362(d)(5)(B) of the Energy Policy
7 and Conservation Act (42 U.S.C. 6322(d)(5)(B)).
8 (3) STATE.—The term ‘‘State’’ has the mean-
9 ing given the term in section 3 of the Energy Policy
10 and Conservation Act (42 U.S.C. 6202).
11 SEC. 30422. ASSISTANCE FOR LATEST AND ZERO BUILDING
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1 servation Act (42 U.S.C. 6321 through 6326) in ac-
2 cordance with subsection (c).
3 (b) LATEST BUILDING ENERGY CODE.—The Sec-
4 retary of Energy shall use funds made available under
5 subsection (a)(1) for grants to assist States, and units of
6 local government that have authority to adopt building
7 codes, to—
8 (1) adopt—
9 (A) a building energy code (or codes) for
10 residential buildings that meets or exceeds the
11 2021 International Energy Conservation Code,
12 or achieves equivalent or greater energy sav-
13 ings;
14 (B) a building energy code (or codes) for
15 commercial buildings that meets or exceeds the
16 ANSI/ASHRAE/IES Standard 90.1–2019, or
17 achieves equivalent or greater energy savings;
18 or
19 (C) any combination of building energy
20 codes described in subparagraph (A) or (B);
21 and
22 (2) implement a plan for the jurisdiction to
23 achieve full compliance with any building energy
24 code adopted under paragraph (1) in new and ren-
25 ovated residential or commercial buildings, as appli-
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1 cable, which plan shall include active training and
2 enforcement programs and measurement of the rate
3 of compliance each year.
4 (c) ZERO ENERGY CODE.—The Secretary of Energy
5 shall use funds made available under subsection (a)(2) for
6 grants to assist States, and units of local government that
7 have authority to adopt building codes, to—
8 (1) adopt a building energy code (or codes) for
9 residential and commercial buildings that meets or
10 exceeds the zero energy provisions in the 2021 Inter-
11 national Energy Conservation Code or an equivalent
12 stretch code; and
13 (2) implement a plan for the jurisdiction to
14 achieve full compliance with any building energy
15 code adopted under paragraph (1) in new and ren-
16 ovated residential and commercial buildings, which
17 plan shall include active training and enforcement
18 programs and measurement of the rate of compli-
19 ance each year.
20 (d) STATE MATCH.—The State cost share require-
21 ment under the item relating to ‘‘Department of Energy—
22 Energy Conservation’’ in title II of the Department of the
23 Interior and Related Agencies Appropriations Act, 1985
24 (42 U.S.C. 6323a; 98 Stat. 1861) shall not apply to assist-
25 ance provided under this section.
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401
1 (e) STATE DEFINED.—In this section, the term
2 ‘‘State’’ has the meaning given that term in section 3 of
3 the Energy Policy and Conservation Act (42 U.S.C.
4 6202).
5 (f) ADMINISTRATIVE COSTS.—Of the amounts made
6 available under this section, the Secretary shall reserve 5
7 percent for administrative costs necessary to carry out this
8 section.
9 PART 3—ZERO-EMISSIONS VEHICLE
10 INFRASTRUCTURE
12 GRANTS.
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1 tric vehicle supply equipment in rural communities
2 or underserved or disadvantaged communities;
3 (2) $200,000,000 to provide financial assistance
4 to States to develop and implement State programs
5 described in subsection (d)(5) of section 362 of the
6 Energy Policy and Conservation Act (42 U.S.C.
7 6322), as part of an approved State energy con-
8 servation plan under that section, to carry out
9 projects to build out publicly accessible networked
10 direct current fast electric vehicle supply equipment
11 in rural communities or underserved or disadvan-
12 taged communities; and
13 (3) $200,000,000 to provide financial assistance
14 to States to develop and implement State programs
15 described in subsection (d)(5) of section 362 of the
16 Energy Policy and Conservation Act (42 U.S.C.
17 6322), as part of an approved State energy con-
18 servation plan under that section, to carry out
19 projects to build out hydrogen fueling stations in
20 rural communities or underserved or disadvantaged
21 communities.
22 (b) REQUIREMENTS.—
23 (1) RULEMAKING.—
24 (A) IN GENERAL.—Not later than 180
25 days after the date of enactment of this Act,
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1 the Secretary shall issue regulations for meas-
2 ures required to be included in any State pro-
3 gram that receives financial assistance under
4 this section.
5 (B) ADMINISTRATIVE EXPENSES.—The
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1 (4) USE OF PRIVATE PROPERTY.—A State or
2 eligible entity may enter into an agreement for the
3 use of publicly accessible private property.
4 (5) LIMITATION.—The Secretary shall ensure
5 that no entity receives a profit for access to or
6 hosting of electric vehicle supply equipment or hy-
7 drogen fueling stations built out under a contract
8 entered into under paragraph (3) or pursuant to an
9 agreement entered into under paragraph (4), except
10 that the Secretary shall determine an appropriate
11 amount of profit that an entity may receive for the
12 sale of electricity or hydrogen and the operation and
13 maintenance of such electric vehicle supply equip-
14 ment or hydrogen fueling stations.
15 (6) REALLOCATION OF FUNDS.—A State shall
16 return to the Secretary any funds received under
17 subsection (a) that the State does not award within
18 3 years of receiving such funds, and the Secretary
19 shall reallocate such funds to other States.
20 (c) DEFINITIONS.—In this section:
21 (1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.—
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1 devices, power outlets, electrical equipment, off-grid
2 charging installations, or apparatuses installed spe-
3 cifically for the purpose of delivering energy to an
4 electric vehicle or to a battery intended to be used
5 in an electric vehicle.
6 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
7 ty’’ means a local, Tribal, or territorial government,
8 a not-for-profit entity, a nonprofit entity, a metro-
9 politan planning organization, or an entity with
10 fewer than 50 employees, as determined by the Sec-
11 retary.
12 (3) LEVEL 2 ELECTRIC VEHICLE SUPPLY
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1 (5) PRIVATE THIRD-PARTY ENTITY.—The term
2 ‘‘private third-party entity’’ means a non-govern-
3 mental entity, including a private business, that is
4 able to contract with the State or an eligible entity
5 to carry out projects to build out electric vehicle sup-
6 ply equipment or hydrogen fueling stations.
7 (6) PUBLICLY ACCESSIBLE.—The term ‘‘pub-
8 licly accessible’’ means available to members of the
9 public, including within or around—
10 (A) public sidewalks and streets;
11 (B) public parks;
12 (D) multiunit housing structures;
13 (C) public buildings;
14 (D) public parking;
15 (E) shopping centers;
16 (F) commuter transit hubs;
17 (G) workplaces;
18 (H) commercial locations that are acces-
19 sible for a minimum of 12 hours per day at
20 least 5 days a week, and capable of being mon-
21 itored remotely; or
22 (I) other locations that are accessible for a
23 minimum of 12 hours per day at least 5 days
24 a week, and capable of being monitored re-
25 motely.
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1 (7) SECRETARY.—The term ‘‘Secretary’’ means
2 the Secretary of Energy.
3 (8) UNDERSERVED OR DISADVANTAGED COM-
18 PROGRAMS OFFICE.
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1 pursuant to section 1702(b)(2) of the Energy Policy Act
2 of 2005, the source of such payment received from bor-
3 rowers may not be a loan or other debt obligation that
4 is guaranteed by the Federal Government: Provided fur-
5 ther, That none of the loan guarantee authority made
6 available by this section shall be available for any project
7 unless the President has certified in advance in writing
8 that the loan guarantee and the project comply with the
9 provisions under this section: Provided further, That none
10 of such loan guarantee authority made available by this
11 section shall be available for commitments to guarantee
12 loans for any projects where funds, personnel, or property
13 (tangible or intangible) of any Federal agency, instrumen-
14 tality, personnel, or affiliated entity are expected to be
15 used (directly or indirectly) through acquisitions, con-
16 tracts, demonstrations, exchanges, grants, incentives,
17 leases, procurements, sales, other transaction authority, or
18 other arrangements, to support the project or to obtain
19 goods or services from the project: Provided further, That
20 the previous proviso shall not be interpreted as precluding
21 the use of the loan guarantee authority provided by this
22 section for commitments to guarantee loans for—
23 (1) projects as a result of such projects benefit-
24 ting from otherwise allowable Federal tax benefits;
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1 (2) projects as a result of such projects benefit-
2 ting from being located on Federal land pursuant to
3 a lease or right-of-way agreement for which all con-
4 sideration for all uses is—
5 (A) paid exclusively in cash;
6 (B) deposited in the Treasury as offsetting
7 receipts; and
8 (C) equal to the fair market value;
9 (3) projects as a result of such projects benefit-
10 ting from the Federal insurance program under sec-
11 tion 170 of the Atomic Energy Act of 1954 (42
12 U.S.C. 2210); or
13 (4) electric generation projects using trans-
14 mission facilities owned or operated by a Federal
15 Power Marketing Administration or the Tennessee
16 Valley Authority that have been authorized, ap-
17 proved, and financed independent of the project re-
18 ceiving the guarantee.
19 (b) APPROPRIATION.—In addition to amounts other-
20 wise available and previously provided, there is appro-
21 priated to the Secretary of Energy for fiscal year 2022,
22 out of any money in the Treasury not otherwise appro-
23 priated, $3,600,000,000, to remain available until Sep-
24 tember 30, 2026, for the costs of guarantees made under
25 section 1703 of the Energy Policy Act of 2005, using the
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1 loan guarantee authority provided under subsection (a) of
2 this section.
3 (c) ADMINISTRATIVE EXPENSES.—Of the amount
4 made available under subsection (b), the Secretary of En-
5 ergy shall reserve 3 percent for administrative expenses
6 to carry out title XVII of the Energy Policy Act of 2005
7 and for carrying out section 1702(h)(3) of such Act.
8 SEC. 30442. ADVANCED TECHNOLOGY VEHICLE MANUFAC-
9 TURING.
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1 (B) any of the following that emit, under
2 any possible operational mode or condition, zero
3 exhaust emissions of any greenhouse gas:
4 (i) A train or locomotive.
5 (ii) A maritime vessel.
6 (iii) An aircraft.
7 (iv) Hyperloop technology.
8 (b) ADMINISTRATIVE COSTS.—The Secretary shall
9 reserve $25,000,000 of amounts made available under
10 subsection (a) for administrative costs of providing loans
11 as described in subsection (a).
12 (c) ELIMINATION OF LOAN PROGRAM CAP.—Section
13 136(d)(1) of the Energy Independence and Security Act
14 of 2007 (42 U.S.C. 17013(d)(1)) is amended by striking
15 ‘‘a total of not more than $25,000,000,000 in’’.
16 SEC. 30443. DOMESTIC MANUFACTURING CONVERSION
17 GRANTS.
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1 cordance with section 712 of the Energy Policy Act of
2 2005 (42 U.S.C. 16062).
3 (b) ADMINISTRATIVE COSTS.—The Secretary shall
4 reserve 2 percent of amounts made available under sub-
5 section (a) for administrative costs of making grants de-
6 scribed in such subsection (a) pursuant to section 712 of
7 the Energy Policy Act of 2005 (42 U.S.C. 16062).
8 SEC. 30444. ENERGY COMMUNITY REINVESTMENT FINANC-
9 ING.
14 ING PROGRAM.
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1 retary determines appropriate, to eligible entities for the
2 purpose of making or enabling low-carbon reinvestments
3 in energy communities, which such reinvestments may in-
4 clude—
5 ‘‘(1) supporting workers who are or have been
6 engaged in providing, or have been affected by the
7 provision of, energy-intensive goods or services by
8 helping such workers find employment opportunities,
9 including by providing training and education;
10 ‘‘(2) redeveloping a community that is or was
11 engaged in providing, or has been affected by the
12 provision of, energy-intensive goods or services;
13 ‘‘(3) accelerating remediation of environmental
14 damage caused by the provision of energy-intensive
15 goods or services; and
16 ‘‘(4) mitigating the effects on customers of any
17 significant reduction in the carbon intensity of goods
18 or services provided by the eligible entity, including
19 by the cost-effective abatement of greenhouse gas
20 emissions from continuing operations and the
21 repowering, retooling, repurposing, redeveloping, or
22 remediating of any long-lived assets, lands, or infra-
23 structure currently or previously used by the eligible
24 entity primarily to support the provision of energy-
25 intensive goods or services.
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1 ‘‘(c) APPLICATION REQUIREMENT.—To apply for fi-
2 nancial support provided under this section, an eligible en-
3 tity shall submit to the Secretary an application at such
4 time, in such manner, and containing such information as
5 the Secretary may require, which such application shall
6 include—
7 ‘‘(1) a detailed plan describing the activities to
8 be carried out in accordance with subsection (b), in-
9 cluding activities for the measurement, monitoring,
10 and verification of emissions of greenhouse gases;
11 and
12 ‘‘(2) if the eligible entity is a utility subject to
13 regulation by a State commission or other State reg-
14 ulatory authority, assurances, as determined appro-
15 priate by the Secretary, that such eligible entity
16 shall pass through any financial benefit from the
17 provision of any financial support under this section
18 to its customers or energy communities.
19 ‘‘(d) OTHER REQUIREMENTS.—
20 ‘‘(1) FEES.—Notwithstanding section
21 1702(h)(1), the Secretary shall charge and collect a
22 fee from each eligible entity that received financial
23 support provided under this section in an amount
24 the Secretary determines sufficient to cover applica-
25 ble administrative expenses (including any costs as-
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415
1 sociated with third party consultants engaged by the
2 Secretary).
3 ‘‘(2) USE OF APPROPRIATED FUNDS.—Any cost
4 for any financial support provided under this section
5 shall be paid by the Secretary using appropriated
6 funds.
7 ‘‘(e) DEFINITIONS.—In this section:
8 ‘‘(1) COST.—Notwithstanding section 1701, the
9 term ‘cost’ has the meaning given such term in sec-
10 tion 502 of the Federal Credit Reform Act of 1990
11 (2 U.S.C. 661a).
12 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
13 tity’ means any entity that is directly affiliated with
14 the provision of energy-intensive goods or services.
15 ‘‘(3) ENERGY COMMUNITY.—The term ‘energy
16 community’ means a community whose members are
17 or were engaged in providing, or have been affected
18 by the provision of, energy-intensive goods and serv-
19 ices.
20 ‘‘(4) FINANCIAL SUPPORT.—The term ‘financial
21 support’ means any credit product or support the
22 Secretary determines appropriate to implement this
23 section, including—
24 ‘‘(A) a line of credit; and
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1 ‘‘(B) a guarantee, including of a letter of
2 credit for the purposes of subsection (b)(3).’’.
3 SEC. 30445. TRIBAL ENERGY LOAN GUARANTEE PROGRAM.
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1 more than 90 percent of’’ and inserting ‘‘(as defined
2 in section 1701 of the Energy Policy Act of 2005
3 (42 U.S.C. 16511)) for’’; and
4 (2) in paragraph (4), by striking
5 ‘‘$2,000,000,000’’ and inserting ‘‘$20,000,000,000’’.
6 PART 5—ELECTRIC TRANSMISSION
8 AND LOANS.
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1 sonnel, or affiliated entity are expected to be used (directly
2 or indirectly) through acquisitions, contracts, demonstra-
3 tions, exchanges, grants, incentives, leases, procurements,
4 sales, other transaction authority, or other arrangements
5 to support the project or to obtain goods or services from
6 the project: Provided further, That the previous proviso
7 shall not be interpreted as precluding the use of the loan
8 authority provided by this section for commitments to
9 loans for: (1) projects benefitting from otherwise allowable
10 Federal tax benefits; (2) projects benefitting from being
11 located on Federal land pursuant to a lease or right-of-
12 way agreement for which all consideration for all uses is:
13 (A) paid exclusively in cash; (B) deposited in the Treasury
14 as offsetting receipts; and (C) equal to the fair market
15 value; (3) projects benefitting from the Federal insurance
16 program under section 170 of the Atomic Energy Act of
17 1954 (42 U.S.C. 2210); or (4) electric generation projects
18 using transmission facilities owned or operated by a Fed-
19 eral Power Marketing Administration or the Tennessee
20 Valley Authority that have been authorized, approved, and
21 financed independent of the project receiving the guar-
22 antee: Provided further, That none of the loan authority
23 made available by this section shall be available for any
24 project unless the President has certified in advance in
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1 writing that the loan and the project comply with the pro-
2 visions under this section.
3 (b) IN GENERAL.—Except as provided in subsection
4 (c), the Secretary of Energy may provide grants and direct
5 loans to eligible entities to construct new, or make up-
6 grades to existing, eligible transmission lines or eligible
7 interties, including the related facilities thereof, if the Sec-
8 retary of Energy determines that such construction or up-
9 grade would support—
10 (1) a more robust and resilient electric grid;
11 and
12 (2) the integration of electricity from a clean
13 energy facility into the electric grid.
14 (c) OTHER REQUIREMENTS.—
15 (1) INTEREST RATES.—The Secretary of En-
16 ergy shall determine the rate of interest to charge on
17 direct loans provided under subsection (b) by taking
18 into consideration market yields on outstanding mar-
19 ketable obligations of the United States of com-
20 parable maturities as of the date the loan is dis-
21 bursed.
22 (2) RECOVERY OF COSTS FOR GRANTS.—A
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1 transmission lines or eligible interties, including the
2 related facilities thereof, that are approved for recov-
3 ery through a Transmission Organization, regional
4 planning authority, governing or ratemaking body of
5 an electric cooperative, State commission, or another
6 similar body.
7 (3) NO DUPLICATE ASSISTANCE.—No eligible
8 entity may receive both a grant and a direct loan for
9 the same construction of, or upgrade to, an eligible
10 transmission line or eligible intertie under this sec-
11 tion.
12 (d) DEFINITIONS.—In this section:
13 (1) CLEAN ENERGY FACILITY.—The term
14 ‘‘clean energy facility’’ means any electric generating
15 unit that does not emit carbon dioxide.
16 (2) DIRECT LOAN.—The term ‘‘direct loan’’
17 means a disbursement of funds by the Government
18 to a non-Federal borrower under a contract that re-
19 quires the repayment of such funds with or without
20 interest. The term includes the purchase of, or par-
21 ticipation in, a loan made by another lender and fi-
22 nancing arrangements that defer payment for more
23 than 90 days, including the sale of a government
24 asset on credit terms.
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1 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
2 ty’’ means a non-Federal entity.
3 (4) ELIGIBLE INTERTIE.—The term ‘‘eligible
4 intertie’’ means—
5 (A) any interties across the seam between
6 the Western Interconnection and the Eastern
7 Interconnection;
8 (B) the Pacific Northwest-Pacific South-
9 west Intertie;
10 (C) any interties between the Electric Reli-
11 ability Council of Texas and the Western Inter-
12 connection or the Eastern Interconnection; or
13 (D) such other interties that the Secretary
14 determines contribute to—
15 (i) a more robust and resilient electric
16 grid; and
17 (ii) the integration of electricity from
18 a clean energy facility into the electric
19 grid.
20 (5) ELIGIBLE TRANSMISSION LINE.—The term
21 ‘‘eligible transmission line’’ means an electric power
22 transmission line that—
23 (A) in the case of new construction under
24 subsection (b), has a transmitting capacity of
25 not less than 1,000 megawatts;
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1 (B) in the case of an upgrade made under
2 subsection (b), the upgrade to which will in-
3 crease its transmitting capacity by not less than
4 500 megawatts; and
5 (C) is capable of transmitting electricity—
6 (i) across any eligible intertie;
7 (ii) from an offshore wind generating
8 facility; or
9 (iii) along a route, or in a corridor,
10 determined by the Secretary of Energy to
11 be necessary to meet interregional or na-
12 tional electricity transmission needs.
13 (6) STATE COMMISSION; TRANSMISSION ORGA-
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1 grants in accordance with this section and for administra-
2 tive expenses associated with carrying out this section.
3 (b) USE OF FUNDS.—
4 (1) IN GENERAL.—The Secretary may make a
5 grant under this section to a siting authority for,
6 with respect to a covered transmission project, any
7 of the following activities:
8 (A) Studies and analyses of the impacts of
9 the covered transmission project.
10 (B) Examination of up to 3 alternate
11 siting corridors within which the covered trans-
12 mission project feasibly could be sited.
13 (C) Hosting and facilitation of negotiations
14 in settlement meetings involving the siting au-
15 thority, the covered transmission project appli-
16 cant, and opponents of the covered transmission
17 project, for the purpose of identifying and ad-
18 dressing issues that are preventing approval of
19 the application relating to the siting or permit-
20 ting of the covered transmission project.
21 (D) Participation by the siting authority in
22 regulatory proceedings or negotiations in an-
23 other jurisdiction, or under the auspices of a
24 Transmission Organization (as defined in sec-
25 tion 3 of the Federal Power Act (16 U.S.C.
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1 796)) that is also considering the siting or per-
2 mitting of the covered transmission project.
3 (E) Participation by the siting authority in
4 regulatory proceedings at the Federal Energy
5 Regulatory Commission or a State regulatory
6 commission for determining applicable rates
7 and cost allocation for the covered transmission
8 project.
9 (F) Other measures and actions that may
10 improve the chances of, and shorten the time
11 required for, approval by the siting authority of
12 the application relating to the siting or permit-
13 ting of the covered transmission project, as the
14 Secretary determines appropriate.
15 (2) ECONOMIC DEVELOPMENT.—The Secretary
16 may make a grant under this section to a siting au-
17 thority, or other State, local, or Tribal governmental
18 entity, for economic development activities for com-
19 munities that may be affected by the construction
20 and operation of a covered transmission project, pro-
21 vided that the Secretary shall not enter into any
22 grant agreement pursuant to this section that could
23 result in any outlays after September 30, 2031.
24 (c) CONDITIONS.—
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1 (1) FINAL DECISION ON APPLICATION.—In
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1 (d) RETURNING FUNDS.—If a siting authority that
2 receives a grant for an activity described in subsection
3 (b)(1) fails to use all grant funds within 2 years of receipt,
4 the siting authority shall return to the Secretary any such
5 unused funds.
6 (e) DEFINITIONS.—In this section:
7 (1) COVERED TRANSMISSION PROJECT.—The
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1 (3) STATE.—The term ‘‘State’’ means a State,
2 the District of Columbia, or any territory or posses-
3 sion of the United States.
4 SEC. 30453. ORGANIZED WHOLESALE ELECTRICITY MAR-
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1 (1) forming, expanding, or improving an orga-
2 nized wholesale electricity market, including with re-
3 spect to—
4 (A) market governance assistance;
5 (B) planning and policy assistance; and
6 (C) regulatory development assistance;
7 (2) aligning the policies of an organized whole-
8 sale electricity market with relevant State policies;
9 and
10 (3) evaluating the economic, operational, reli-
11 ability, environmental, and other benefits of orga-
12 nized wholesale electricity markets.
13 (d) APPLICATIONS.—
14 (1) IN GENERAL.—To apply for technical as-
15 sistance or a grant provided under this section, a
16 State shall submit to the Secretary an application at
17 such time, in such manner, and containing such in-
18 formation as the Secretary may require.
19 (2) GRANTS.—An application for a grant sub-
20 mitted under paragraph (1) shall certify how the
21 State will use the grant in accordance with sub-
22 section (b).
23 (e) DEFINITIONS.—In this section:
24 (1) INDEPENDENT SYSTEM OPERATOR; RE-
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1 ‘‘Independent System Operator’’ and ‘‘Regional
2 Transmission Organization’’ have the meanings
3 given such terms in section 3 of the Federal Power
4 Act (16 U.S.C. 796).
5 (2) ORGANIZED WHOLESALE ELECTRICITY MAR-
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1 (1) pay expenses associated with convening rel-
2 evant stakeholders, including States, generation and
3 transmission developers, regional transmission orga-
4 nizations, independent system operators, environ-
5 mental organizations, electric utilities, and other
6 stakeholders the Secretary determines appropriate,
7 to address the development of interregional elec-
8 tricity transmission and transmission of electricity
9 that is generated by offshore wind; and
10 (2) conduct planning, modeling, and analysis
11 regarding interregional electricity transmission and
12 transmission of electricity that is generated by off-
13 shore wind, taking into account the local, regional,
14 and national economic, reliability, resilience, secu-
15 rity, public policy, and environmental benefits of
16 interregional electricity transmission and trans-
17 mission of electricity that is generated by offshore
18 wind, including planning, modeling, and analysis, as
19 the Secretary determines appropriate, pertaining
20 to—
21 (A) clean energy integration into the elec-
22 tric grid, including the identification of renew-
23 able energy zones;
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1 (B) the effects of changes in weather due
2 to climate change on the reliability and resil-
3 ience of the electric grid;
4 (C) cost allocation methodologies that fa-
5 cilitate the expansion of the bulk power system;
6 (D) the benefits of coordination between
7 generator interconnection processes and trans-
8 mission planning processes;
9 (E) the effect of increased electrification
10 on the electric grid;
11 (F) power flow modeling;
12 (G) the benefits of increased interconnec-
13 tions or interties between or among the West-
14 ern Interconnection, the Eastern Interconnec-
15 tion, the Electric Reliability Council of Texas,
16 and other interconnections, as applicable;
17 (H) the cooptimization of transmission and
18 generation, including variable energy resources,
19 energy storage, and demand-side management;
20 (I) the opportunities for use of nontrans-
21 mission alternatives, energy storage, and grid-
22 enhancing technologies;
23 (J) economic development opportunities for
24 communities arising from development of inter-
25 regional electricity transmission and trans-
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1 mission of electricity that is generated by off-
2 shore wind;
3 (K) evaluation of existing rights-of-way
4 and the need for additional transmission cor-
5 ridors; and
6 (L) a planned national transmission grid,
7 which would include a networked transmission
8 system to optimize the existing grid for inter-
9 connection of offshore wind farms.
10 PART 6—ENVIRONMENTAL REVIEWS
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1 tools, techniques, and guidance to improve agency trans-
2 parency, accountability, and public engagement.
3 SEC. 30462. FEDERAL ENERGY REGULATORY COMMISSION.
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1 PART 7—INDUSTRIAL
3 MENT PROGRAM.
435
1 such information as the Secretary may require, including
2 the expected greenhouse gas emissions reductions to be
3 achieved by carrying out the project.
4 (d) PRIORITY.—In providing financial assistance
5 under the program established under subsection (b), the
6 Secretary shall give priority consideration to projects on
7 the basis of, as determined by the Secretary—
8 (1) the expected greenhouse gas emissions re-
9 ductions to be achieved by carrying out the project;
10 (2) the extent to which the project would pro-
11 vide the greatest benefit for the greatest number of
12 people within the area in which the eligible facility
13 is located; and
14 (3) whether the eligible entity participates or
15 would participate in a partnership with purchasers
16 of the output of the eligible facility.
17 (e) COST SHARE.—The Federal share of the cost of
18 a project carried out pursuant to this section shall not ex-
19 ceed 50 percent.
20 (f) ADMINISTRATIVE COSTS.—The Secretary shall re-
21 serve $200,000,000 of amounts made available under sub-
22 section (a) for administrative costs of carrying out this
23 section.
24 (g) DEFINITIONS.—
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1 (1) ADVANCED INDUSTRIAL TECHNOLOGY.—
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1 minum, cement, concrete, glass, pulp, paper, and in-
2 dustrial ceramics.
3 (4) FINANCIAL ASSISTANCE.—The term ‘‘finan-
4 cial assistance’’ means a grant, rebate, direct loan,
5 or cooperative agreement.
6 (5) SECRETARY.—The term ‘‘Secretary’’ means
7 the Secretary of Energy.
8 PART 8—OTHER ENERGY MATTERS
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1 (A) in paragraph (2), by inserting ‘‘(or,
2 with respect to plan years 2023, 2024, and
3 2025, whose household income does not exceed
4 400 percent of the poverty line for a family of
5 the size involved)’’ before the period; and
6 (B) in the matter following paragraph (2),
7 by adding at the end the following new sen-
8 tence: ‘‘In the case of an individual who, at any
9 point during 2022, has a household income that
10 does not exceed 138 percent of the poverty line
11 for a family of the size involved, such individual
12 shall, for each month during such year, be
13 treated as having household income equal to
14 100 percent for purposes of applying this sec-
15 tion.’’; and
16 (2) in subsection (c)—
17 (A) in paragraph (1)(A), in the matter
18 preceding clause (i), by inserting ‘‘, with respect
19 to eligible insureds (other than, with respect to
20 plan years 2023, 2024, and 2025, specified en-
21 rollees (as defined in paragraph (6)(C))),’’ after
22 ‘‘first be achieved’’;
23 (B) in paragraph (2), in the matter pre-
24 ceding subparagraph (A), by inserting ‘‘with re-
25 spect to eligible insureds (other than, with re-
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1 spect to plan years 2023, 2024, and 2025, spec-
2 ified enrollees)’’ after ‘‘under the plan’’;
3 (C) in paragraph (3)—
4 (i) in subparagraph (A), by striking
5 ‘‘this subsection’’ and inserting ‘‘paragraph
6 (1) or (2)’’; and
7 (ii) in subparagraph (B), by striking
8 ‘‘this section’’ and inserting ‘‘paragraphs
9 (1) and (2)’’; and
10 (D) by adding at the end the following new
11 paragraph:
12 ‘‘(6) SPECIAL RULE FOR SPECIFIED ENROLL-
13 EES.—
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1 ‘‘(B) METHODS FOR REDUCING COST
2 SHARING.—
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1 family of the size involved. Such insured shall
2 be deemed to be a specified enrollee for each
3 month in such plan year.’’.
4 (b) OPEN ENROLLMENTS APPLICABLE TO CERTAIN
5 LOWER-INCOME POPULATIONS.—Section 1311(c) of the
6 Patient Protection and Affordable Care Act (42 U.S.C.
7 18031(c)) is amended—
8 (1) in paragraph (6)—
9 (A) in subparagraph (C), by striking at the
10 end ‘‘and’’;
11 (B) in subparagraph (D), by striking the
12 period at the end and inserting ‘‘; and’’; and
13 (C) by adding at the end the following new
14 subparagraph:
15 ‘‘(E) with respect to a qualified health plan
16 with respect to which section 1402 applies, for
17 months occurring during the period beginning
18 on January 1, 2022, and ending on December
19 31, 2025, enrollment periods described in sub-
20 paragraph (A) of paragraph (8) for individuals
21 described in subparagraph (B) of such para-
22 graph.’’; and
23 (2) by adding at the end the following new
24 paragraph:
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1 ‘‘(8) SPECIAL ENROLLMENT PERIOD FOR CER-
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1 (A) in subparagraph (B), by striking
2 ‘‘and’’ at the end;
3 (B) in subparagraph (C)(iv), by striking
4 the period and inserting ‘‘; and’’; and
5 (C) by adding at the end the following new
6 subparagraph:
7 ‘‘(D) provides, with respect to a plan of-
8 fered in the silver level of coverage to which sec-
9 tion 1402 applies during plan year 2024 and
10 2025, for benefits described in paragraph (5) in
11 the case of an individual who has a household
12 income that does not exceed 138 percent of the
13 poverty line for a family of the size involved,
14 and who is eligible to receive cost-sharing re-
15 ductions under section 1402.’’; and
16 (2) by adding at the end the following new
17 paragraph:
18 ‘‘(5) ADDITIONAL BENEFITS FOR CERTAIN
20 2025.—
21 ‘‘(A) IN GENERAL.—
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1 fied health plan are benefits consisting
2 of—
3 ‘‘(I) non-emergency medical
4 transportation services (as described
5 in section 1902(a)(4) of the Social Se-
6 curity Act) for which Federal pay-
7 ments would have been available
8 under title XIX of the Social Security
9 Act had such services been furnished
10 to an individual enrolled under a
11 State plan (or waiver of such plan)
12 under such title; and
13 ‘‘(II) services described in sub-
14 section (a)(4)(C) of section 1905 of
15 such Act for which Federal payments
16 would have been so available;
17 which are not otherwise provided under
18 such plan as part of the essential health
19 benefits package described in section
20 1302(a).
21 ‘‘(ii) CONDITION ON PROVISION OF
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1 whom an individual may receive such
2 benefits; and
3 ‘‘(II) without any imposition of
4 cost sharing.
5 ‘‘(B) PAYMENTS FOR ADDITIONAL BENE-
6 FITS.—
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1 (1) IN GENERAL.—Section 1321(c) of the Pa-
2 tient Protection and Affordable Care Act (42 U.S.C.
3 18041(c)) is amended by adding at the end the fol-
4 lowing new paragraph:
5 ‘‘(3) OUTREACH AND EDUCATIONAL ACTIVI-
6 TIES.—
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1 hard-to-reach populations, such as racial and
2 sexual minorities, limited English proficient
3 populations, individuals residing in areas where
4 the unemployment rates exceeds the national
5 average unemployment rate, individuals in rural
6 areas, veterans, and young adults).
7 ‘‘(B) LIMITATION ON USE OF FUNDS.—No
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1 $105,000,000 for fiscal year 2022 to carry out
2 this paragraph, of which—
3 ‘‘(i) $15,000,000 shall be used to
4 carry out this paragraph in fiscal year
5 2022; and
6 ‘‘(ii) $30,000,000 shall be used to
7 carry out this paragraph for each of fiscal
8 years 2023 through 2025.’’.
9 (2) NAVIGATOR PROGRAM.—Section 1311(i)(6)
10 of the Patient Protection and Affordable Care Act
11 (42 U.S.C. 18031(i)(6)) is amended—
12 (A) by striking ‘‘FUNDING.—Grants
13 under’’ and inserting ‘‘FUNDING.—
14 ‘‘(A) STATE EXCHANGES.—Grants under’’;
15 and
16 (B) by adding at the end the following new
17 subparagraph:
18 ‘‘(B) FEDERAL EXCHANGES.—For pur-
19 poses of carrying out this subsection, with re-
20 spect to an Exchange established and operated
21 by the Secretary within a State pursuant to sec-
22 tion 1321(c), the Secretary shall obligate not
23 less than $10,000,000 out of amounts collected
24 through the user fees on participating health in-
25 surance issuers pursuant to section 156.50 of
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1 title 45, Code of Federal Regulations (or any
2 successor regulations) for fiscal year 2022, and
3 not less than $20,000,000 for each of fiscal
4 years 2023, 2024, and 2025. Such amount so
5 obligated for a fiscal year shall remain available
6 until expended.’’.
7 (e) FUNDING.—In addition to amounts otherwise
8 available, there is appropriated to the Secretary of Health
9 and Human Services for fiscal year 2022, out of any
10 money in the Treasury not otherwise appropriated,
11 $65,000,000, to remain available until expended, for pur-
12 poses of carrying out the provisions of, and the amend-
13 ments made by, this section, section 30602, and section
14 30603.
15 SEC. 30602. ESTABLISHING A HEALTH INSURANCE AFFORD-
16 ABILITY FUND.
22 AFFORDABILITY FUND
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1 retary of Health and Human Services, acting through the
2 Administrator of the Centers for Medicare & Medicaid
3 Services (in this section referred to as the ‘Adminis-
4 trator’), to provide funding, in accordance with this part,
5 to the 50 States and the District of Columbia (each re-
6 ferred to in this section as a ‘State’) beginning on January
7 1, 2023, for the purposes described in section 1352.
8 ‘‘SEC. 1352. USE OF FUNDS.
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1 ‘‘(b) EXCLUSION OF CERTAIN GRANDFATHERED
2 PLANS, TRANSITIONAL PLANS, STUDENT HEALTH
3 PLANS, AND EXCEPTED BENEFITS.—For purposes of
4 subsection (a), a plan described in this subsection is the
5 following:
6 ‘‘(1) A grandfathered health plan (as defined in
7 section 1251).
8 ‘‘(2) A plan (commonly referred to as a ‘transi-
9 tional plan’) continued under the letter issued by the
10 Centers for Medicare & Medicaid Services on No-
11 vember 14, 2013, to the State Insurance Commis-
12 sioners outlining a transitional policy for coverage in
13 the individual and small group markets to which sec-
14 tion 1251 does not apply, and under the extension
15 of the transitional policy for such coverage set forth
16 in the Insurance Standards Bulletin Series guidance
17 issued by the Centers for Medicare & Medicaid Serv-
18 ices on March 5, 2014, February 29, 2016, Feb-
19 ruary 13, 2017, April 9, 2018, March 25, 2019,
20 January 31, 2020, and January 19, 2021, or under
21 any subsequent extensions thereof.
22 ‘‘(3) Student health insurance coverage (as de-
23 fined in section 147.145 of title 45, Code of Federal
24 Regulations, or any successor regulation).
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1 ‘‘(4) Excepted benefits (as defined in section
2 2791(c) of the Public Health Service Act).
3 ‘‘SEC. 1353. STATE ELIGIBILITY AND APPROVAL; DEFAULT
4 SAFEGUARD.
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1 that the application has been denied for not being in
2 compliance with any requirement of this part and of
3 the reason for such denial.
4 ‘‘(3) SUBSEQUENT YEAR APPLICATION AP-
11 TO REVOKE APPROVAL.—
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1 ‘‘(b) DEFAULT FEDERAL SAFEGUARD FOR 2023,
2 2024, AND 2025 FOR CERTAIN STATES.—
3 ‘‘(1) IN GENERAL.—For 2023, 2024, and 2025,
4 in the case of a State described in paragraph (5),
5 with respect to such year, the State shall not be eli-
6 gible to submit an application under subsection (a),
7 and the Administrator, in consultation with the ap-
8 plicable State authority, shall from the amount cal-
9 culated under paragraph (3) for such year, carry out
10 the purpose described in paragraph (2) in such State
11 for such year.
12 ‘‘(2) SPECIFIED USE.—The amount described
13 in paragraph (3), with respect to a State described
14 in paragraph (5) for 2023, 2024, or 2025, shall be
15 used to carry out the purpose described in section
16 1352(a)(1) in such State for such year, as applica-
17 ble, by providing reinsurance payments to health in-
18 surance issuers with respect to attachment range
19 claims (as defined in section 1354(b)(2), using the
20 dollar amounts specified in subparagraph (B) of
21 such section for such year) in an amount equal to,
22 subject to paragraph (4), the percentage (specified
23 for such year by the Secretary under such subpara-
24 graph) of the amount of such claims.
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1 ‘‘(3) AMOUNT DESCRIBED.—The amount de-
2 scribed in this paragraph, with respect to 2023,
3 2024, or 2025, is the amount equal to the total sum
4 of amounts that the Secretary would otherwise esti-
5 mate under section 1354(b)(2)(A)(i) for such year
6 for each State described in paragraph (5) for such
7 year, as applicable, if each such State were not so
8 described for such year.
9 ‘‘(4) ADJUSTMENT.—For purposes of this sub-
10 section, the Secretary may apply a percentage under
11 paragraph (3) with respect to a year that is less
12 than the percentage otherwise specified in section
13 1354(b)(2)(B) for such year, if the cost of paying
14 the total eligible attachment range claims for States
15 described in paragraph (5) for such year at such
16 percentage otherwise specified would exceed the
17 amount calculated under paragraph (3) for such
18 year.
19 ‘‘(5) STATE DESCRIBED.—A State described in
20 this paragraph, with respect to years 2023, 2024,
21 and 2025, is a State that, as of January 1 of 2022,
22 2023, or 2024, respectively, was not expending
23 amounts under the State plan (or waiver of such
24 plan) for all individuals described in section
25 1902(a)(10)(A)(i)(VIII) during such year.
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1 ‘‘SEC. 1354. ALLOCATIONS.
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1 ‘‘(C) NOTIFICATIONS OF ALLOCATION
8 TIONS.—
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1 ‘‘(I) the estimated amount of
2 premium tax credits under section
3 36B of the Internal Revenue Code of
4 1986 that would be attributable to in-
5 dividuals residing in such State for
6 such year without application of this
7 part; exceeds
8 ‘‘(II) the estimated amount of
9 premium tax credits under section
10 36B of the Internal Revenue Code of
11 1986 that would be attributable to in-
12 dividuals residing in such State for
13 such year if section 1353(b) applied
14 for such year and applied with respect
15 to such State for such year.
16 For purposes of the previous sentence and sec-
17 tion 1353(b)(3), the term ‘attachment range
18 claims’ means, with respect to an individual, the
19 claims for such individual that exceed a dollar
20 amount specified by the Secretary for a year,
21 but do not exceed a ceiling dollar amount speci-
22 fied by the Secretary for such year, under sub-
23 paragraph (B).
24 ‘‘(B) SPECIFICATIONS.—For purposes of
25 subparagraph (A) and section 1353(b)(3), the
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1 Secretary shall determine the dollar amounts
2 and the percentage to be specified under this
3 subparagraph for a year in a manner to ensure
4 that the total amount of expenditures under
5 this part for such year is estimated to equal the
6 total amount appropriated for such year under
7 subsection (a) if such expenditures were used
8 solely for the purpose described in paragraph
9 (1) of section 1352(a) for attachment range
10 claims at the dollar amounts and percentage so
11 specified for such year.
12 ‘‘(3) AVAILABILITY.—Funds allocated to a
13 State under this subsection for a year shall remain
14 available through the end of the subsequent year.’’.
15 (b) BASIC HEALTH PROGRAM FUNDING ADJUST-
16 MENTS.—Section 1331 of the Patient Protection and Af-
17 fordable Care Act (42 U.S.C. 18051) is amended—
18 (1) in subsection (a), by adding at the end the
19 following new paragraph:
20 ‘‘(3) PROVISION OF INFORMATION ON QUALI-
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1 unless such State furnishes to the Secretary,
2 with respect to each qualified health plan of-
3 fered in such State during a year that receives
4 any reinsurance payment from funds made
5 available under part 6 for such year, the ad-
6 justed premium amount (as defined in subpara-
7 graph (B)) for each such plan and year.
8 ‘‘(B) ADJUSTED PREMIUM AMOUNT DE-
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1 (c) IMPLEMENTATION AUTHORITY.—The Secretary
2 of Health and Human Services may implement the provi-
3 sions of, and the amendments made by, this section by
4 subregulatory guidance or otherwise.
5 SEC. 30603. FUNDING FOR THE PROVISION OF HEALTH IN-
19 TION.
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1 (2) in the matter preceding paragraph (1), by
2 striking ‘‘2021’’ and inserting ‘‘any of years 2021
3 through 2025’’; and
4 (3) in paragraph (2), by striking ‘‘133 percent’’
5 and inserting ‘‘150 percent’’.
6 Subtitle F—Medicaid
7 PART 1—INVESTMENTS IN HOME AND
8 COMMUNITY-BASED SERVICES
10 (a) FUNDING.—
11 (1) IN GENERAL.—In addition to amounts oth-
12 erwise available, there is appropriated to the Sec-
13 retary for fiscal year 2022, out of any money in the
14 Treasury not otherwise appropriated, $130,000,000,
15 to remain available until expended, for carrying out
16 this section.
17 (2) TECHNICAL ASSISTANCE AND GUIDANCE.—
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1 trative expenses related to awarding planning grants
2 under this section.
3 (b) AWARD AND USE OF GRANTS.—
4 (1) DEADLINE FOR AWARD OF GRANTS.—From
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1 process, and make related infrastructure investments
2 (such as case management or other information
3 technology systems).
4 (3) LIMITATION ON USE OF FUNDS.—None of
5 the funds awarded to a State under this section may
6 be used by a State as the source of the non-Federal
7 share of expenditures under the State plan (or waiv-
8 er of such plan).
9 (c) HCBS IMPROVEMENT PLAN REQUIREMENTS.—
10 In order to meet the requirements of this subsection, an
11 HCBS improvement plan developed using funds awarded
12 to a State under this section shall include, with respect
13 to the State and subject to subsection (d), the following:
14 (1) EXISTING MEDICAID HCBS LANDSCAPE.—
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1 (i) BARRIERS.—A description of the
2 barriers to accessing home and community-
3 based services in the State identified by
4 Medicaid eligible individuals, the families
5 of such individuals, and direct care work-
6 ers and home care agencies, or other simi-
7 lar organizations.
8 (ii) AVAILABILITY; UNMET NEED.—A
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1 ery structures for providing home and commu-
2 nity-based services in the State.
3 (E) WORKFORCE.—A description of the di-
4 rect care workforce, including estimates of the
5 number of full- and part-time direct care work-
6 ers, the average and range of direct care worker
7 wages, the benefits provided to direct care
8 workers, and the turnover and vacancy rates of
9 direct care worker positions.
10 (F) PAYMENT RATES.—
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1 ices, and provider-to-beneficiary ratios in
2 the geographic region.
3 (G) QUALITY.—A description of how the
4 quality of home and community-based services
5 is measured and monitored.
6 (H) LONG-TERM SERVICES AND SUPPORTS
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1 nicity, geography, primary language, and type
2 of service setting.
3 (2) GOALS FOR HCBS IMPROVEMENTS.—A de-
4 scription of how the State will do the following:
5 (A) Conduct the activities required under
6 subsection (jj) of section 1905 of the Social Se-
7 curity Act (as added under section 30712).
8 (B) Reduce barriers to and disparities in
9 access or utilization of home and community-
10 based services in the State.
11 (C) Monitor and report on access to home
12 and community-based services under the State
13 Medicaid program, disparities in access to such
14 services, and the utilization of such services.
15 (D) Monitor and report the amount of
16 State Medicaid expenditures for home and com-
17 munity-based services under the State Medicaid
18 program as a proportion of the total amount of
19 State expenditures under the State Medicaid
20 program for long-term services and supports.
21 (E) Monitor and report on wages, benefits,
22 and vacancy and turnover rates for direct care
23 workers.
24 (F) Assess and monitor the sufficiency of
25 payment rates under the State Medicaid pro-
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1 gram, in a manner specified by the Secretary,
2 for the specific types of home and community-
3 based services available under such program for
4 purposes of supporting direct care worker re-
5 cruitment and retention and ensuring the avail-
6 ability of home and community-based services.
7 (G) Coordinate implementation of the
8 HCBS improvement plan among the State
9 Medicaid agency, agencies serving individuals
10 with disabilities, and agencies serving the elder-
11 ly.
12 (d) DEVELOPMENT AND APPROVAL REQUIRE-
13 MENTS.—
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1 (2) AUTHORITY TO ADJUST CERTAIN PLAN
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1 (c). The Secretary may withhold or recoup funds
2 provided under this section to a State, if the State
3 fails to comply with the requirements of this section.
4 (e) DEFINITIONS.—In the part:
5 (1) DIRECT CARE WORKER.—The term ‘‘direct
6 care worker’’ means, with respect to a State, any of
7 the following individuals who are paid to provide di-
8 rectly to Medicaid eligible individuals home and com-
9 munity-based services available under the State
10 Medicaid program:
11 (A) A registered nurse, licensed practical
12 nurse, nurse practitioner, or clinical nurse spe-
13 cialist, or a licensed nursing assistant who pro-
14 vides such services under the supervision of a
15 registered nurse, licensed practical nurse, nurse
16 practitioner, or clinical nurse specialist.
17 (B) A direct support professional.
18 (C) A personal care attendant.
19 (D) A home health aide.
20 (E) Any other paid health care profes-
21 sional or worker determined to be appropriate
22 by the State and approved by the Secretary.
23 (2) HCBS PROGRAM IMPROVEMENT STATE.—
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1 under subsection (b) and has an HCBS improve-
2 ment plan approved by the Secretary under sub-
3 section (d)(3).
4 (3) HEALTH PLAN.—The term ‘‘health plan’’
5 means any of the following entities that provide or
6 arrange for home and community-based services for
7 Medicaid eligible individuals who are enrolled with
8 the entities under a contract with a State:
9 (A) A medicaid managed care organiza-
10 tion, as defined in section 1903(m)(1)(A) of the
11 Social Security Act (42 U.S.C.
12 1396b(m)(1)(A)).
13 (B) A prepaid inpatient health plan or pre-
14 paid ambulatory health plan, as defined in sec-
15 tion 438.2 of title 42, Code of Federal Regula-
16 tions (or any successor regulation).
17 (4) HOME AND COMMUNITY-BASED SERV-
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1 such services are provided in a Medicaid eligible
2 individual’s home.
3 (C) Personal care services authorized
4 under paragraph (24) of such section.
5 (D) PACE services authorized under para-
6 graph (26) of such section.
7 (E) Home and community-based services
8 authorized under subsections (b), (c), (i), (j),
9 and (k) of section 1915 of such Act (42 U.S.C.
10 1396n), authorized under a waiver under sec-
11 tion 1115 of such Act (42 U.S.C. 1315), or
12 provided through coverage authorized under
13 section 1937 of such Act (42 U.S.C. 1396u–7).
14 (F) Case management services authorized
15 under section 1905(a)(19) of the Social Secu-
16 rity Act (42 U.S.C. 1396d(a)(19)) and section
17 1915(g) of such Act (42 U.S.C. 1396n(g)).
18 (G) Rehabilitative services, including those
19 related to behavioral health, described in section
20 1905(a)(13) of such Act (42 U.S.C.
21 1396d(a)(13)).
22 (H) Such other services specified by the
23 Secretary.
24 (5) INSTITUTIONAL SETTING.—The term ‘‘insti-
25 tutional setting’’ means—
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1 (A) a skilled nursing facility (as defined in
2 section 1819(a) of the Social Security Act (42
3 U.S.C. 1395i–3(a)));
4 (B) a nursing facility (as defined in section
5 1919(a) of such Act (42 U.S.C. 1396r(a)));
6 (C) a long-term care hospital (as described
7 in section 1886(d)(1)(B)(iv) of such Act (42
8 U.S.C. 1395ww(d)(1)(B)(iv)));
9 (D) a facility described in section 1905(d)
10 of such Act (42 U.S.C. 1396d(d)));
11 (E) an institution which is a psychiatric
12 hospital (as defined in section 1861(f) of such
13 Act (42 U.S.C. 1395x(f))) or that provides in-
14 patient psychiatric services in a residential set-
15 ting specified by the Secretary; and
16 (F) an institution described in section
17 1905(i) of such Act (42 U.S.C. 1396d(i)).
18 (6) MEDICAID ELIGIBLE INDIVIDUAL.—The
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1 icaid plan, or waiver of such plan, upon receipt of
2 home and community-based services.
3 (7) STATE MEDICAID PROGRAM.—The term
4 ‘‘State Medicaid program’’ means, with respect to a
5 State, the State program under title XIX of the So-
6 cial Security Act (42 U.S.C. 1396 through 1396w-
7 6) (including any waiver or demonstration under
8 such title or under section 1115 of such Act (42
9 U.S.C. 1315) relating to such title).
10 (8) SECRETARY.—The term ‘‘Secretary’’ means
11 the Secretary of Health and Human Services.
12 (9) STATE.—The term ‘‘State’’ means each of
13 the 50 States, the District of Columbia, Puerto Rico,
14 the Virgin Islands, Guam, the Northern Mariana Is-
15 lands, and American Samoa.
16 SEC. 30712. HCBS IMPROVEMENT PROGRAM.
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1 ‘‘(1) IN GENERAL.—
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1 (aa), or (ii), such section 6008(a), or such
2 section 1915(k)(2); and
3 ‘‘(ii) with respect to the State meeting
4 the requirements described in paragraphs
5 (2) and (4), notwithstanding sections
6 1903(a)(7) and 1903(a)(3), with respect to
7 amounts expended during the quarter and
8 before October 1, 2031, for administrative
9 costs for expanding and enhancing home
10 and community-based services, including
11 for enhancing Medicaid data and tech-
12 nology infrastructure, modifying rate set-
13 ting processes, adopting or improving
14 training programs for direct care workers
15 and family caregivers, home and commu-
16 nity-based services ombudsman office ac-
17 tivities, developing processes to identify di-
18 rect care workers and assign such workers
19 unique identifiers, and adopting, carrying
20 out, or enhancing programs that register
21 direct care workers or connect beneficiaries
22 to direct care workers, the per centum
23 specified in such sections 1903(a)(7) and
24 1903(a)(3) shall be increased to 80 per-
25 cent.
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1 In no case may the application of clause (i) re-
2 sult in the Federal medical assistance percent-
3 age determined for a State being more than 95
4 percent with respect to such expenditures. In no
5 case shall the application of clause (ii) result in
6 a reduction to the per centum otherwise speci-
7 fied without application of such clause. Any in-
8 crease pursuant to clause (ii) shall be available
9 to a State before the State meets the require-
10 ments of paragraphs (2) and (4).
11 ‘‘(B) ADDITIONAL HCBS IMPROVEMENT
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1 ters throughout which the State has imple-
2 mented and has in effect a program that meets
3 the requirements of paragraph (3).
4 ‘‘(C) NONAPPLICATION OF TERRITORIAL
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1 State, with respect to a fiscal year quarter, the State
2 shall meet each of the following requirements:
3 ‘‘(A) NONSUPPLANTATION.—The State
4 uses the Federal funds attributable to the in-
5 crease in the Federal medical assistance per-
6 centage for amounts expended during a quarter
7 for medical assistance for home and commu-
8 nity-based services under paragraph (1)(A) and
9 paragraph (1)(B) (if applicable) to supplement,
10 and not supplant, the level of State funds ex-
11 pended for home and community-based services
12 for eligible individuals through programs in ef-
13 fect as of the date the State is awarded a plan-
14 ning grant under section 30711 of the Act ti-
15 tled ‘An Act to provide for reconciliation pursu-
16 ant to title II of S. Con. Res. 14’. In applying
17 this subparagraph, the Secretary shall provide
18 that a State shall have a 3-year period, as spec-
19 ified by the Secretary, to spend any accumu-
20 lated unspent State funds attributable to the
21 increase described in clause (i) in the Federal
22 medical assistance percentage.
23 ‘‘(B) MAINTENANCE OF EFFORT.—
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1 ‘‘(I) reduce the amount, dura-
2 tion, or scope of home and commu-
3 nity-based services available under the
4 State plan (or waiver of such plan)
5 relative to the home and community-
6 based services available under the
7 plan or a waiver of such plan as of
8 the date on which the State was
9 awarded a planning grant under sec-
10 tion 30711 of the Act titled ‘An Act
11 to provide for reconciliation pursuant
12 to title II of S. Con. Res. 14’;
13 ‘‘(II) reduce payment rates for
14 home and community-based services
15 lower than such rates that were in
16 place as of the date described in sub-
17 clause (I), including, to the extent ap-
18 plicable, assumed payment rates for
19 such services that are included in
20 managed care capitation rates as such
21 rates are being prospectively built; or
22 ‘‘(III) except to the extent per-
23 mitted under clause (ii), adopt more
24 restrictive standards, methodologies,
25 or procedures for determining eligi-
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1 bility for or the scope of medical as-
2 sistance of home and community-
3 based services, including with respect
4 to cost-sharing, than the standards,
5 methodologies, or procedures applica-
6 ble as of the date described in sub-
7 clause (I).
8 ‘‘(ii) CONDITIONS FOR FLEXI-
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1 ‘‘(III) increased cost-sharing
2 (other than resulting from the rate of
3 inflation) for home and community-
4 based services.
5 ‘‘(C) ACCESS TO SERVICES.—Not later
6 than an implementation date as specified by the
7 Secretary (which may vary for each of the fol-
8 lowing clauses) after the first day of the first
9 fiscal quarter for which a State receives an in-
10 crease to the Federal medical assistance per-
11 centage or other applicable Federal matching
12 percentage under paragraph (1), the State does
13 all of the following to improve access to serv-
14 ices:
15 ‘‘(i) Reduce access barriers and dis-
16 parities in access or utilization of home
17 and community-based services, as de-
18 scribed in the State HCBS improvement
19 plan.
20 ‘‘(ii) Provides coverage of personal
21 care services authorized under subsection
22 (a)(24) for all individuals eligible for and
23 enrolled in medical assistance in the State.
24 ‘‘(iii) Provides for navigation of home
25 and community-based services through ‘no
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1 wrong door’ programs, provides expedited
2 eligibility for home and community-based
3 services, and improves home and commu-
4 nity-based services counseling and edu-
5 cation programs.
6 ‘‘(iv) Expands access to behavioral
7 health services furnished in home and com-
8 munity-based settings.
9 ‘‘(v) Improves coordination of home
10 and community-based services with em-
11 ployment, housing, and transportation sup-
12 ports.
13 ‘‘(vi) Provides supports to family care-
14 givers.
15 ‘‘(vii) Newly provides coverage under,
16 or expands existing eligibility criteria for, 1
17 or more of the eligibility categories author-
18 ized under subclause (XIII), (XV), or
19 (XVI) of section 1902(a)(10)(A)(ii).
20 ‘‘(D) WORKFORCE.—
21 ‘‘(i) IN GENERAL.—The State
22 strengthens and expands the direct care
23 workforce that provides home and commu-
24 nity-based services by—
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1 ‘‘(I) adopting processes to ensure
2 that payment rates for home and com-
3 munity-based services are sufficient
4 (as defined by the Secretary) to en-
5 sure that care and services are avail-
6 able to the extent described in the
7 State HCBS improvement plan; and
8 ‘‘(II) updating qualification
9 standards as appropriate, and devel-
10 oping and adopting training opportu-
11 nities for direct care workers and fam-
12 ily caregivers, at such time as the Sec-
13 retary shall prescribe.
14 ‘‘(ii) PAYMENT RATES.—In carrying
15 out clause (i)(I), the State shall—
16 ‘‘(I) update and, as appropriate,
17 increase payment rates for home and
18 community-based services to support
19 recruitment and retention of the di-
20 rect care workforce by not later than
21 2 years after approval of the HCBS
22 improvement plan and, at least every
23 3 years thereafter, using, through ex-
24 isting or other processes to determine
25 provider payment, a transparent proc-
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1 ess involving meaningful input from
2 nongovernmental stakeholders; and
3 ‘‘(II) ensure that increases in the
4 payment rates for home and commu-
5 nity-based services—
6 ‘‘(aa) at a minimum, result
7 in a proportionate increase to
8 payments for direct care workers
9 and in a manner that is deter-
10 mined with input from the stake-
11 holders described in subclause
12 (I); and
13 ‘‘(bb) are incorporated into
14 provider payment rates for home
15 and community-based services
16 provided under this title by a
17 health plan, under a contract and
18 paid through capitation rates
19 with the State.
20 ‘‘(3) SELF-DIRECTED MODELS FOR THE DELIV-
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1 more entities, including an agency with choice or a
2 similar service delivery model, a program for the
3 performance of all of the following functions to fa-
4 cilitate beneficiary use of self-directed care in the
5 case the State covers home and community-based
6 services under authorities that permit self-direction:
7 ‘‘(A) Registering qualified direct care
8 workers and assisting beneficiaries in finding
9 direct care workers.
10 ‘‘(B) Undertaking activities to recruit and
11 train independent providers to enable bene-
12 ficiaries to direct their own care, including by
13 providing or coordinating training for bene-
14 ficiaries on self-directed care.
15 ‘‘(C) Ensuring the safety of, and sup-
16 porting the quality of, care provided to bene-
17 ficiaries.
18 ‘‘(D) Facilitating coordination between
19 State and local agencies and direct care workers
20 for matters of public health, training opportuni-
21 ties, changes in program requirements, work-
22 place health and safety, or related matters.
23 ‘‘(E) Supporting beneficiary hiring, if se-
24 lected by the beneficiary, of independent pro-
25 viders of home and community-based services,
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1 including by processing applicable tax informa-
2 tion, collecting and processing timesheets, sub-
3 mitting claims and processing payments to such
4 providers.
5 ‘‘(F) To the extent a State permits bene-
6 ficiaries to hire a family member or individual
7 with whom they have an existing relationship to
8 provide home and community-based services,
9 providing support to beneficiaries who wish to
10 hire a caregiver who is a family member or in-
11 dividual with whom they have an existing rela-
12 tionship.
13 ‘‘(G) Ensuring that the program under
14 this paragraph does not promote or prevent the
15 ability of workers to form a labor organization
16 or discriminate against workers who may join
17 or decline to join such an organization.
18 ‘‘(4) REPORTING AND OVERSIGHT.—As condi-
19 tions for receipt of the increase under paragraph (1)
20 to the Federal medical assistance percentage deter-
21 mined for a State, with respect to a fiscal year quar-
22 ter, the State shall meet each of the following re-
23 quirements:
24 ‘‘(A) The State designates (by a date spec-
25 ified by the Secretary) an HCBS ombudsman
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489
1 (or a long-term care ombudsman program of-
2 fice) that—
3 ‘‘(i) operates independently from the
4 State Medicaid agency and managed care
5 entities;
6 ‘‘(ii) provides direct assistance to re-
7 cipients of home and community-based
8 services available under the State Medicaid
9 program and their families; and
10 ‘‘(iii) identifies and reports systemic
11 problems to State officials, the public, and
12 the Secretary.
13 ‘‘(B) Beginning with the last day of the
14 5th fiscal quarter for which the state is an
15 HCBS program improvement State, and annu-
16 ally thereafter, the State reports to the Sec-
17 retary, in a manner the Secretary shall pre-
18 scribe, on the progress of implementation of the
19 activities described in subparagraphs (C) and
20 (D) of paragraph (2), paragraph (3) (if applica-
21 ble), the use of enhanced Federal funding pro-
22 vided under this subsection, and progress with
23 respect to service availability, utilization, dis-
24 parities in access and use of services, spending
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1 on HCBS, and the status of the direct care
2 workforce.
3 ‘‘(5) BENCHMARKS FOR DEMONSTRATING IM-
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1 HCBS program improvement State for which
2 such percentage (as reported in the State
3 HCBS improvement plan) was—
4 ‘‘(i) less than 50 percent, the State
5 demonstrates that the percentage of such
6 expenditures has increased to at least 50
7 percent since the plan was approved; and
8 ‘‘(ii) at least 50 percent, the State
9 demonstrates that such percentage has not
10 decreased since the plan was approved.
11 ‘‘(6) DEFINITIONS.—In this subsection, the
12 terms ‘State Medicaid plan’, ‘direct care worker’,
13 ‘HCBS program improvement State’, ‘health plan’;
14 and ‘home and community-based services’ have the
15 meaning given those terms in section 30711(e) of
16 the Act titled ‘An Act to provide for reconciliation
17 pursuant to title II of S. Con. Res. 14’.’’.
18 SEC. 30713. FUNDING FOR FEDERAL ACTIVITIES RELATED
19 TO MEDICAID HCBS.
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1 technical assistance to States, conducting program integ-
2 rity and oversight efforts, and preparing and submitting
3 to the Committee on Energy and Commerce of the House
4 of Representatives and the Committee on Finance of the
5 Senate, beginning 5 years after the date of the enactment
6 of this Act and every three years thereafter, a report de-
7 scribing the progress of the HCBS planning and improve-
8 ment activities undertaken by States as applicable and as
9 described in sections 30711 and 30712 (including the
10 amendments made by such sections), and describing the
11 impact of such activities on access to care, including with
12 respect to disparities in access and utilization, and the di-
13 rect care workforce.
14 SEC. 30714. FUNDING FOR HCBS QUALITY MEASUREMENT
15 AND IMPROVEMENT.
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1 (B) by inserting after subparagraph (F),
2 the following:
3 ‘‘(G) 80 percent of so much of the sums
4 expended during such quarter as are attrib-
5 utable to the reporting of information regarding
6 the quality of home and community-based serv-
7 ices in accordance with sections
8 1139A(a)(4)(B)(ii) and 1139B(b)(3)(C); and’’.
9 (2) EXEMPTION FROM TERRITORIES’ PAYMENT
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1 ‘‘(i) IN GENERAL.—Subject to clause
2 (ii), beginning with the annual State report
3 on fiscal year 2024’’; and
4 (ii) by adding at the end the following
5 new clause:
6 ‘‘(ii) REPORTING HCBS QUALITY
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495
1 (B) in subsection (b)(5)—
2 (i) by striking ‘‘Beginning no later
3 than January 1, 2013’’ and inserting the
4 following:
5 ‘‘(A) IN GENERAL.—Beginning no later
6 than January 1, 2013’’; and
7 (ii) by adding at the end the following
8 new subparagraph:
9 ‘‘(B) HCBS QUALITY MEASURES.—Begin-
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496
1 home and community-based services (including
2 recipients and providers of such services).’’;
3 (C) in subsection (b)(6)—
4 (i) by inserting ‘‘or support services’’
5 before ‘‘that is capable of’’;
6 (ii) by striking ‘‘and ambulatory
7 health care settings’’ and inserting ‘‘, am-
8 bulatory health care, and home and com-
9 munity-based settings’’; and
10 (iii) by inserting ‘‘and home and com-
11 munity-based’’ before ‘‘care system’’; and
12 (D) in subsection (c)(1), in the matter pre-
13 ceding subparagraph (A), by inserting ‘‘, sub-
14 ject to subsection (a)(4)(B)(ii),’’ before ‘‘annu-
15 ally report’’; and
16 (2) in section 1139B—
17 (A) in subsection (b)—
18 (i) in paragraph (3), by adding at the
19 end the following new subparagraph:
20 ‘‘(C) MANDATORY REPORTING WITH RE-
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497
1 munity-based quality measures developed under
2 paragraph (5)(D), the Secretary shall require
3 States to report information, using the stand-
4 ardized format for reporting information and
5 procedures developed under subparagraph (A),
6 regarding the quality of home and community-
7 based services for Medicaid eligible adults using
8 all of the home and community-based services
9 quality measures included in the core set of
10 adult health quality measures under paragraph
11 (5)(D), and any updates or changes to such
12 measures.’’; and
13 (ii) in paragraph (5), by adding at the
14 end the following new subparagraph:
15 ‘‘(D) HCBS QUALITY MEASURES.—
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498
1 (d)(1) for the first year that begins on or
2 after the date that is 2 years after the date
3 of enactment of this subparagraph (or, in
4 the case of measures that require develop-
5 ment and testing prior to availability, not
6 later than 4 years after the date of enact-
7 ment of this subparagraph) the core set of
8 adult health quality measures maintained
9 under this paragraph (and any updates or
10 changes to such measures) shall include
11 home and community-based services qual-
12 ity measures developed in accordance with
13 this subparagraph.
14 ‘‘(iii) REQUIREMENTS.—
15 ‘‘(I) IN GENERAL.—In devel-
16 oping, reviewing and updating the
17 home and community-based services
18 quality measures included in the core
19 set of adult health quality measures
20 maintained under this paragraph, the
21 Secretary shall consult with non-
22 governmental stakeholders with exper-
23 tise in home and community-based
24 services (including recipients and pro-
25 viders of such services) and ensure
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499
1 such measures reflect the full array of
2 home and community-based services
3 and recipients of such services
4 ‘‘(II) DEFINITIONS.—For pur-
5 poses of this section and section
6 1139A, the terms ‘home and commu-
7 nity-based services’, and ‘direct care
8 worker’ have the meanings given those
9 terms in section 30711(e) of the Act
10 titled ‘An Act to provide for reconcili-
11 ation pursuant to title II of S. Con.
12 Res. 14’.’’; and
13 (B) in subsection (d)(1)(A), by striking ‘‘;
14 and’’ and inserting ‘‘and, beginning with the re-
15 port for the first year that begins after the date
16 that is 2 years after the Secretary publishes the
17 home and community-based quality measures
18 developed under subsection (b)(5)(D), all home
19 and community-based services quality measures
20 included in the core set of adult health quality
21 measures maintained under subsection (b)(5)
22 and any updates or changes to such measures;
23 and’’.
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500
1 SEC. 30715. PERMANENT EXTENSION OF MEDICAID PRO-
4 MUNITY-BASED SERVICES.
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501
1 SEC. 30716. PERMANENT EXTENSION OF MONEY FOLLOWS
3 TION.
502
1 (b) REDISTRIBUTION OF UNEXPENDED GRANT
2 AWARDS.—Subsection (e)(2) of section 6071 of the Deficit
3 Reduction Act of 2005 (42 U.S.C. 1396a note) is amended
4 by adding at the end the following new sentence: ‘‘Any
5 portion of a State grant award for a fiscal year under this
6 section that is unexpended by the State at the end of the
7 fourth succeeding fiscal year shall be rescinded by the Sec-
8 retary and added to the appropriation for the fifth suc-
9 ceeding fiscal year.’’.
10 PART 2—OTHER MEDICAID
14 UALS.
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503
1 fiscal year quarter (beginning with the
2 first fiscal year quarter beginning one
3 year after the date of the enactment
4 of the Act titled ‘An Act to provide
5 for reconciliation pursuant to title II
6 of S. Con. Res. 14’) with respect to
7 which subparagraph (B) does not
8 apply, an individual who’’; and
9 (II) by adding at the end the fol-
10 lowing new subparagraph:
11 ‘‘(B) For any fiscal year quarter (beginning
12 with the first fiscal year quarter beginning one year
13 after the date of the enactment of the Act titled ‘An
14 Act to provide for reconciliation pursuant to title II
15 of S. Con. Res. 14’), any individual who, while preg-
16 nant, is eligible for and received medical assistance
17 under the State plan or a waiver of such plan (re-
18 gardless of the basis for the individual’s eligibility
19 for medical assistance and including during a period
20 of retroactive eligibility under subsection (a)(34)),
21 shall remain eligible, notwithstanding section
22 1916(c)(3) or any other limitation under this title,
23 for medical assistance through the end of the month
24 in which the 12-month period (beginning on the last
25 day of pregnancy of the individual) ends, and such
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504
1 medical assistance shall be in accordance with
2 clauses (i) and (ii) of paragraph (16)(B).’’.
3 (ii) CONFORMING AMENDMENTS.—
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505
1 (aa) in subparagraph (A)(i),
2 by striking ‘‘the 60-day period’’
3 and inserting ‘‘the applicable pe-
4 riod (as described in subpara-
5 graph (D))’’;
6 (bb) in subparagraph (A)(ii),
7 by striking the period at the end
8 and inserting the following: ‘‘and
9 including—
10 ‘‘(I) for any fiscal year quarter
11 (beginning with the first fiscal year
12 quarter beginning one year after the
13 date of the enactment of the Amer-
14 ican Rescue Plan of 2021) with re-
15 spect to which section 1902(e)(5)(B)
16 does not apply, an individual to whom
17 section 1902(e)(5)(A) applies, in ac-
18 cordance with such section
19 1902(e)(5)(A), as applicable pursuant
20 to section 1902(e)(16)(A); and’’;
21 (cc) in subparagraph (A)(ii),
22 as amended by item (bb), by add-
23 ing at the end the following new
24 subclause:
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506
1 ‘‘(II) for any fiscal year quarter
2 (beginning with the first fiscal year
3 quarter beginning one year after the
4 date of the enactment of the Act titled
5 ‘An Act to provide for reconciliation
6 pursuant to title II of S. Con. Res.
7 14’), an individual to whom section
8 1902(e)(5)(B) applies, in accordance
9 with such section, through the end of
10 the month in which the 12-month pe-
11 riod (beginning on the last day of
12 pregnancy of the individual) ends.’’;
13 (dd) by adding at the end
14 the following new subparagraph:
15 ‘‘(D) For purposes of subparagraph (A),
16 the applicable period described in this subpara-
17 graph is—
18 ‘‘(i) beginning with the first fiscal
19 year quarter that begins one year after the
20 date of the enactment of the American
21 Rescue Plan of 2021, for a State that has
22 adopted the option under section
23 1902(e)(16)(A), the 12-month period;’’;
24 and
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507
1 (ee) in the subparagraph
2 (D) added by item (dd), by add-
3 ing at the end the following new
4 clauses:
5 ‘‘(ii) beginning with the first fiscal
6 year quarter beginning one year after the
7 date of the enactment of the Act titled ‘An
8 Act to provide for reconciliation pursuant
9 to title II of S. Con. Res. 14’, the 12-
10 month period; and
11 ‘‘(iii) for any fiscal year quarter (be-
12 ginning with such first fiscal year quarter)
13 with respect to which section
14 1902(e)(5)(B) does not apply and for
15 which the State has not adopted the option
16 under section 1902(e)(16)(A), the 60-day
17 period.’’;
18 (V) in section 1905(a), in the 4th
19 sentence in the matter following para-
20 graph (31), by striking ‘‘60-day pe-
21 riod’’ and inserting ‘‘12-month period
22 (or, for any fiscal year quarter with
23 respect to which section
24 1902(e)(5)(B) does not apply and for
25 which the State has not adopted the
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508
1 option under section 1902(e)(16)(A),
2 60-day period)’’; and
3 (VI) in section 1905(y)(2), by
4 adding at the end the following new
5 subparagraph:
6 ‘‘(C) TREATMENT FOR CERTAIN
7 INDVIDUALS.—Notwithstanding subparagraph
8 (A) of this paragraph, section
9 1902(a)(10)(A)(i)(III), and section
10 1902(a)(10)(A)(i)(IV), the term ‘newly eligible’
11 shall apply to individuals who but for the
12 amendment made by section
13 30721(a)(1)(A)(i)(II) of the Act titled ‘An Act
14 to provide for reconciliation pursuant to title II
15 of S. Con. Res. 14’ would be eligible under the
16 State plan (or waiver) for medical assistance
17 under section 1902(a)(10)(A)(i)(VIII) for the
18 period beginning on the first day occurring
19 after the end of such 60-day period and ending
20 on the last day of the month in which the 12-
21 month period (beginning on the last day of her
22 pregnancy) ends.’’.
23 (B) TRANSITION FROM STATE OPTION.—
24 (i) IN GENERAL.—Section
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509
1 (42 U.S.C. 1396a(e)(16)(A)) is amended
2 by striking ‘‘At the option of the State’’
3 and inserting ‘‘For any fiscal year quarter
4 with respect to which paragraph (5)(B)
5 does not apply, at the option of the State’’.
6 (ii) CONFORMING AMENDMENT.—Sec-
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510
1 the American Rescue Plan of 2021 and
2 shall apply with respect to medical assist-
3 ance provided on or after such date.
4 (iii) EXCEPTION FOR STATE LEGISLA-
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511
1 (A) REQUIRING FULL BENEFITS FOR
4 (i) IN GENERAL.—Section
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512
1 targeted low-income children or to targeted low-
2 income pregnant women, under the State child
3 health plan or waiver, including coverage of all
4 items or services provided to a targeted low-in-
5 come child or targeted low-income pregnant
6 woman (as applicable) under the State child
7 health plan or waiver).’’.
8 (ii) CONFORMING AMENDMENTS.—
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513
1 for any fiscal year quarter (be-
2 ginning with the first fiscal year
3 quarter beginning one year after
4 the date of the enactment of the
5 Act titled ‘An Act to provide for
6 reconciliation pursuant to title II
7 of S. Con. Res. 14’) with respect
8 to which section 2107(e)(1)(J)(ii)
9 does not apply and for which the
10 State has not adopted the option
11 under section 1902(e)(16)(A),
12 60-day period) ends’’; and
13 (II) in subsection (f)(2), by strik-
14 ing ‘‘60-day period’’ and inserting
15 ‘‘12-month period (or, for any fiscal
16 year quarter (beginning with the first
17 fiscal year quarter beginning one year
18 after the date of the enactment of the
19 Act titled ‘An Act to provide for rec-
20 onciliation pursuant to title II of S.
21 Con. Res. 14’) with respect to which
22 section 2107(e)(1)(J)(ii) does not
23 apply and for which the State has not
24 adopted the option under section
25 1902(e)(16)(A), 60-day period)’’.
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514
1 (B) TRANSITION FROM STATE PLAN OP-
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515
1 of its failure to meet such a requirement
2 before the first day of the first calendar
3 quarter beginning after the close of the
4 first regular session of the State legislature
5 that begins after the date of the enactment
6 of this Act. For purposes of the previous
7 sentence, in the case of a State that has a
8 2-year legislative session, each year of the
9 session shall be considered to be a separate
10 regular session of the State legislature.
11 (b) PROVIDING FOR 1 YEAR OF CONTINUOUS ELIGI-
12 BILITY FOR CHILDREN.—
13 (1) UNDER THE MEDICAID PROGRAM.—
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516
1 under the age of 19 and who is determined to be eli-
2 gible for benefits under a State plan (or waiver of
3 such plan) approved under subsection (a)(10)(A)
4 shall remain eligible for such benefits until the ear-
5 lier of—
6 ‘‘(A) the end of the 12-month period begin-
7 ning on the date of such determination;
8 ‘‘(B) the time that such individual attains
9 the age of 19; or
10 ‘‘(C) the date that such individual ceases
11 to be a resident of such State.’’.
12 (B) EFFECTIVE DATE.—
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517
1 garded as failing to comply with the re-
2 quirements of such title solely on the basis
3 of its failure to meet such a requirement
4 before the first day of the first calendar
5 quarter beginning after the close of the
6 first regular session of the State legislature
7 that begins after the date of the enactment
8 of this Act. For purposes of the previous
9 sentence, in the case of a State that has a
10 2-year legislative session, each year of the
11 session shall be considered to be a separate
12 regular session of the State legislature.
13 (2) UNDER THE CHILDREN’S HEALTH INSUR-
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518
1 Coronavirus Response Act (42 U.S.C. 1396d note) is
2 amended—
3 (1) in subsection (a)—
4 (A) by striking ‘‘IN GENERAL.—Subject
5 to’’ and inserting ‘‘TEMPORARY INCREASE.—
6 ‘‘(1) IN GENERAL.—Subject to’’;
7 (B) in the paragraph (1) inserted by sub-
8 paragraph (A)—
9 (i) by striking ‘‘the last day of the cal-
10 endar quarter in which the last day of such
11 emergency period occurs’’ and inserting
12 ‘‘September 30, 2022’’; and
13 (ii) by striking ‘‘6.2 percentage
14 points’’ and inserting ‘‘the number of per-
15 centage points specified in paragraph (2)
16 with respect to such calendar quarter’’;
17 and
18 (C) by adding at the end the following new
19 paragraph:
20 ‘‘(2) PERCENTAGE POINTS SPECIFIED.—For
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519
1 gency period defined in paragraph (1)(B) of
2 section 1135(g) of the Social Security Act (42
3 U.S.C. 1320b-5(g)) and ending March 31,
4 2022;
5 ‘‘(B) 3.0 percentage points with respect to
6 the calendar quarter beginning on April 1,
7 2022, and ending on June 30, 2022; and
8 ‘‘(C) 1.5 percentage points with respect to
9 the calendar quarter beginning on July 1, 2022,
10 and ending on September 30, 2022.’’;
11 (2) in subsection (b)(3)—
12 (A) by striking ‘‘the State fails’’ and in-
13 serting ‘‘subject to subsection (f), the State
14 fails’’;
15 (B) by striking ‘‘and ending the last day of
16 the month in which the emergency period de-
17 scribed in subsection (a) ends’’ and inserting
18 ‘‘and ending on March 31, 2022,’’; and
19 (C) by striking ‘‘through the end of the
20 month in which such emergency period ends’’
21 and inserting ‘‘through September 30, 2022,’’;
22 (3) by redesignating the second subsection (d),
23 as added by section 11 of division X of the Consoli-
24 dated Appropriations Act, 2021 (Public Law 116–
25 260), as subsection (e); and
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520
1 (4) by adding at the end the following new sub-
2 section:
3 ‘‘(f) SPECIAL RULE FOR ENROLLMENTS AS OF APRIL
4 1, 2022.—For calendar quarters during the period de-
5 scribed in subsection (a) that begin on or after April 1,
6 2022, a State described in such subsection may, in accord-
7 ance with paragraph (3), terminate coverage for an indi-
8 vidual who is determined to be no longer eligible for med-
9 ical assistance and who has been enrolled for at least 12
10 consecutive months under the State plan of such State
11 under title XIX of the Social Security Act (42 U.S.C.
12 1396) (or waiver of such plan), and such State shall not
13 be ineligible for the increase to the Federal medical assist-
14 ance percentage of the State described in such subsection
15 on the basis that the State is in violation of the require-
16 ment of subsection (b)(3), if the State, with respect to
17 such terminations of coverage conducted through Sep-
18 tember 30, 2022, for such individuals, is in compliance
19 with each of the following:
20 ‘‘(1) The State shall conduct such eligibility re-
21 determinations, with respect to such an individual,
22 in accordance with the provisions of section 435.916
23 of title 42 of the Code of Federal Regulations (or
24 any successor regulation), based on the current cir-
25 cumstances of such individual.
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1 ‘‘(2) In the case of such an individual, the State
2 shall assess whether the individual is eligible for all
3 categories under the State plan (or waiver).
4 ‘‘(3) In the case of such an individual deter-
5 mined ineligible pursuant to such a redetermination
6 of medical assistance under the State plan (or waiv-
7 er) for all eligibility categories under the State plan
8 (or waiver), the State shall comply with the require-
9 ments of section 1943 of the Social Security Act (42
10 U.S.C. 1396w–3), including that the State shall de-
11 termine potential eligibility for, and as appropriate,
12 transfer via a secure electronic interface the individ-
13 ual’s electronic account to, other insurance afford-
14 ability programs.
15 ‘‘(4) Prior to terminating coverage for an indi-
16 vidual, the State shall undertake a good faith effort
17 to ensure that the State has contact information (in-
18 cluding an up-to-date mailing address, phone num-
19 ber, or email address) for such individuals by con-
20 firming with Medicaid managed care organizations
21 (where applicable), and other applicable State health
22 and human services agencies.
23 ‘‘(5) The State may not disenroll from the
24 State plan (or waiver) such an individual determined
25 ineligible pursuant to such a redetermination for
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1 medical assistance under the State plan (or waiver)
2 on the basis of returned mail unless—
3 ‘‘(A) there have been at least two failed at-
4 tempts to contact such individual; and
5 ‘‘(B) after the second attempt, the indi-
6 vidual had 30 days notice before such
7 disenrollment takes effect.
8 ‘‘(6) The State may not initiate such eligibility
9 redeterminations for more than 1/12 of such individ-
10 uals enrolled in the State plan (or waiver) with re-
11 spect to any month during the period beginning on
12 April 1, 2022, and ending on September 30, 2022.
13 ‘‘(7) The State shall submit to the Secretary
14 monthly reports during the period described in sub-
15 section (a) that begin on or after April 1, 2022
16 which the State receives an increase pursuant to
17 such subsection period on the activities of the State,
18 including, with respect to the period for which the
19 report is submitted—
20 ‘‘(A) the number of cases of such eligibility
21 redeterminations conducted by the State during
22 such period in which the eligibility of such an
23 individual for medical assistance under the
24 State plan (or waiver) was renewed and the
25 number of cases of such eligibility redetermina-
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1 tions so conducted during such period in which
2 the eligibility of such an individual for medical
3 assistance under the State plan (or waiver) was
4 terminated;
5 ‘‘(B) the number of such cases in which
6 eligibility for medical assistance under the State
7 plan (or waiver) were so terminated pursuant to
8 such a redetermination due to insufficient docu-
9 mentation related to verification of eligibility;
10 ‘‘(C) the number of such cases in which
11 eligibility for medical assistance under the State
12 plan (or waiver) were so terminated pursuant to
13 such a redetermination due to a known change
14 in circumstance;
15 ‘‘(D) the number of individuals whose cov-
16 erage was terminated pursuant to such a rede-
17 termination who, during such period, trans-
18 ferred to a qualified health plan through an Ex-
19 change, CHIP, or basic health program pursu-
20 ant to paragraph (3); and
21 ‘‘(E) with respect to eligibility redeter-
22 minations, the average volume, wait times, and
23 abandonment rate (as determined by the Sec-
24 retary) for each call center during such
25 month.’’.
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1 (d) ALLOWING FOR MEDICAL ASSISTANCE UNDER
2 MEDICAID FOR INMATES DURING 30-DAY PERIOD PRE-
3 CEDING RELEASE.—
4 (1) IN GENERAL.—The subdivision (A) fol-
5 lowing paragraph (31) of section 1905(a) of the So-
6 cial Security Act (42 U.S.C. 1396d(a)) is amended
7 by inserting ‘‘and, beginning on the first day of the
8 first fiscal year quarter that begins two years after
9 the date of the enactment of the Act titled ‘An Act
10 to provide for reconciliation pursuant to title II of
11 S. Con. Res. 14’, except during the 30-day period
12 preceding the date of release of an inmate of a pub-
13 lic institution’’ after ‘‘medical institution’’.
14 (2) CONFORMING AMENDMENTS.—Section
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1 Res. 14’, the State may not suspend cov-
2 erage during the 30-day period preceding
3 the expected date of release of the juve-
4 nile’’ after ‘‘during the period the juvenile
5 is such an inmate’’; and
6 (ii) in subparagraph (C), by striking
7 ‘‘upon release’’ and inserting ‘‘30 days
8 prior to release’’.
9 (e) EXTENSION OF CERTAIN PROVISIONS.—
10 (1) EXPRESS LANE ELIGIBILITY OPTION.—Sec-
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1 (f) STATE OPTION TO PROVIDE COORDINATED CARE
2 THROUGH A MATERNAL HEALTH HOME FOR PREGNANT
3 AND POSTPARTUM INDIVIDUALS.—Title XIX of the Social
4 Security Act (42 U.S.C. 1396a) is amended by inserting
5 after section 1945A the following new section:
6 ‘‘SEC. 1945B. STATE OPTION TO PROVIDE COORDINATED
9 UALS.
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1 culturally and linguistically appropriate manner with
2 such individual to develop and incorporate such care
3 plan in a manner consistent with such individual’s
4 needs and choices, including—
5 ‘‘(A) primary care;
6 ‘‘(B) inpatient care;
7 ‘‘(C) social support services;
8 ‘‘(D) local hospital emergency care;
9 ‘‘(E) care management and planning re-
10 lated to a change in an eligible individual’s eli-
11 gibility for medical assistance or a change in
12 health insurance coverage as needed; and
13 ‘‘(F) behavioral health services.
14 ‘‘(2) Coordinate all necessary services to sup-
15 port prenatal, labor and delivery, and postpartum
16 care for eligible individuals.
17 ‘‘(3) Coordinate access to specialists, behavioral
18 health providers, early intervention services, and pe-
19 diatricians.
20 ‘‘(4) Collect and report information under sub-
21 section (d).
22 ‘‘(c) PAYMENTS.—
23 ‘‘(1) IN GENERAL.—A State shall provide a des-
24 ignated provider, a team of health professionals op-
25 erating with such a provider, or a health team with
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1 payments for the provision of maternal health home
2 services to each eligible individual enrolled in a ma-
3 ternal health home. Payments for maternal health
4 home services made to a designated provider, a team
5 of health professionals operating with such a pro-
6 vider, or a health team shall be treated as payments
7 for medical assistance for purposes of section
8 1903(a), except that, during the first 8 fiscal quar-
9 ters that the State plan amendment is in effect, the
10 Federal medical assistance percentage otherwise ap-
11 plicable to such payments shall be increased by 15
12 percentage points, not to exceed 90 percent.
13 ‘‘(2) METHODOLOGY.—
14 ‘‘(A) IN GENERAL.—The State shall speci-
15 fy in the State plan amendment the method-
16 ology the State will use for determining pay-
17 ment for the provision of maternal health home
18 services. Such methodology for determining
19 payment—
20 ‘‘(i) may be tiered or adjusted to re-
21 flect, with respect to each individual pro-
22 vided such services by a designated pro-
23 vider, a team of health care professionals
24 operating with such a provider, or a health
25 team, the acuity of each individual receiv-
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529
1 ing care, or the specific capabilities of the
2 provider, team of health care providers, or
3 health team; and
4 ‘‘(ii) shall be established consistent
5 with section 1902(a)(30)(A).
6 ‘‘(B) ALTERNATE MODEL OF PAYMENT.—
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1 mined under section 1905(b) for each fiscal
2 year for which the grant is awarded.
3 ‘‘(C) APPROPRIATIONS.—In addition to
4 amounts otherwise available, there is appro-
5 priated for fiscal year 2022, out of any money
6 in the Treasury not otherwise appropriated, to
7 remain available until expended, to carry out
8 this paragraph, $5,000,000 for awarding grants
9 under this section.
10 ‘‘(d) DATA COLLECTION AND REPORTING.—
11 ‘‘(1) PROVIDER REPORTING REQUIREMENTS.—
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531
1 provider, team of health professionals, or
2 health team as the maternal health home
3 of such eligible individuals.
4 ‘‘(ii) Information on all applicable
5 measures for determining the quality of
6 maternal health home services provided by
7 such designated provider, team of health
8 professionals, or health team, including, to
9 the extent applicable, the core set of child
10 health quality measures published under
11 section 1139A, the core set of adult health
12 quality measures for Medicaid eligible
13 adults published under section 1139B, and
14 maternal health quality measures.
15 ‘‘(B) USE OF HEALTH INFORMATION
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1 ‘‘(ii) monitoring service delivery and
2 identifying gaps in treatment; and
3 ‘‘(iii) communicating with eligible in-
4 dividuals and with primary, behavioral
5 health and specialty care providers.
6 ‘‘(2) STATE REPORTING REQUIREMENTS.—A
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1 adults published under section 1139B, and ma-
2 ternal health quality measures.
3 ‘‘(D) The type of delivery systems and pay-
4 ment models used to provide health home serv-
5 ices to eligible individuals enrolled in a mater-
6 nal health home under a State plan amendment
7 under this section.
8 ‘‘(E) The number and characteristics of
9 designated providers, teams of health profes-
10 sionals, and health teams selected as maternal
11 health homes pursuant to a State plan amend-
12 ment under this section.
13 ‘‘(F) Information on hospitalizations, mor-
14 bidity, and mortality of eligible individuals and
15 their infants enrolled in a maternal health home
16 in such State alongside comparable data from a
17 State’s maternal mortality review committee.
18 ‘‘(G) A report on best practices for effec-
19 tive strategies in coordinating care to support
20 access to comprehensive maternal health serv-
21 ices.
22 ‘‘(H) Information reported to the State
23 under paragraph (1).
24 ‘‘(e) STATE PLAN AMENDMENT.—
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1 ‘‘(1) IN GENERAL.—A State plan amendment
2 submitted pursuant to this section shall include—
3 ‘‘(A) eligibility criteria for maternal health
4 homes;
5 ‘‘(B) services available to eligible individ-
6 uals through the maternal health home;
7 ‘‘(C) a description of providers that may
8 provide care through a maternal health home,
9 and that include how such State will ensure any
10 provider arrangement offered includes a person-
11 centered planning approach to determining nec-
12 essary services and supports and providing the
13 appropriate care coordination to meet clinical
14 and non-clinical needs of eligible individuals;
15 and
16 ‘‘(D) reimbursement methodologies (as de-
17 scribed in subsection (c)(2)).
18 ‘‘(2) HOSPITAL NOTIFICATION.—A State with a
19 State plan amendment approved under this section
20 shall require each hospital that is a participating
21 provider under the State plan (or a waiver of such
22 plan) to establish procedures for, in the case of an
23 individual who is enrolled in a maternal health home
24 pursuant to this section and seeks treatment in the
25 emergency department of such hospital, notifying
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1 the health home of such individual of such treat-
2 ment.
3 ‘‘(3) EDUCATION WITH RESPECT TO AVAIL-
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1 tifying information with respect to any specific mor-
2 tality case (including pursuant to the reporting of
3 information required under subsection (d)(2)(F)).
4 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
5 tion shall be construed—
6 ‘‘(1) to require an eligible individual to enroll
7 in, or prohibit an eligible individual from disenrolling
8 at any time from, a maternal health home under this
9 section; or
10 ‘‘(2) to require a designated provider, team of
11 health professionals, or health team to act as a ma-
12 ternal health home and provide services in accord-
13 ance with this section if the designated provider,
14 team of health professionals, or health team does not
15 voluntarily agree to act as a maternal health home.
16 ‘‘(g) DEFINITIONS.—In this section:
17 ‘‘(1) DESIGNATED PROVIDER.—The term ‘des-
18 ignated provider’ means a physician, clinical practice
19 or clinical group practice, rural health clinic, free-
20 standing birth center, community health center, ob-
21 stetrician gynecologist, midwife who meets at a min-
22 imum the international definition of the midwife and
23 global standards for midwifery education as estab-
24 lished by the International Confederation of Mid-
25 wives, or any other entity or provider determined by
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537
1 the State and approved by the Secretary to be quali-
2 fied to act as a maternal health home.
3 ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible
4 individual’ means an individual eligible for medical
5 assistance under the State plan or under a waiver of
6 such plan who—
7 ‘‘(A) is pregnant or in the postpartum pe-
8 riod that begins on the last day of the preg-
9 nancy and ends on the last day of the month
10 in which the 12-month period (beginning on the
11 last day of the pregnancy of the individual)
12 ends (or, if the State provides for a longer pe-
13 riod of postpartum coverage period under such
14 plan or waiver, on the last day of such longer
15 period); and
16 ‘‘(B) is not enrolled in a health home
17 under section 1945 or 1945A.
18 ‘‘(3) HEALTH TEAM.—The term ‘health team’
19 has the meaning given such term for purposes of
20 section 3502 of Public Law 111–148.
21 ‘‘(4) MATERNAL HEALTH HOME.—The term
22 ‘maternal health home’ means a designated provider
23 (including a provider that operates in coordination
24 with a team of health care professionals), or a health
25 team selected by a State to provide maternal health
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1 home services to pregnant and postpartum individ-
2 uals.
3 ‘‘(5) MATERNAL HEALTH HOME SERVICES.—
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1 ‘‘(vi) making referrals to other med-
2 ical, community, and social support serv-
3 ices, if relevant; and
4 ‘‘(vii) the use of health information
5 technology to link services and coordinate
6 care, to the extent practicable.
7 ‘‘(6) STANDARDIZED RISK ASSESSMENT.—The
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1 terpreters, and other professionals determined
2 to be appropriate by the State;
3 ‘‘(B) a health care entity or individual who
4 is designated to coordinate such a team; and
5 ‘‘(C) provide care at a facility that is free-
6 standing, virtual, or based at a hospital, free-
7 standing birth center, community health center,
8 community mental health center, rural clinic,
9 clinical practice or clinical group practice, aca-
10 demic health center, children’s hospital, or any
11 entity determined to be appropriate by the
12 State and approved by the Secretary.’’.
13 (g) FUNDING FOR IMPLEMENTATION AND ADMINIS-
14 TRATION.—In addition to amounts otherwise available,
15 there is appropriated to the Secretary, for fiscal year
16 2022, to be available until expended, out of any money
17 in the Treasury not otherwise appropriated, $20,000,000,
18 to provide technical assistance and guidance and cover ad-
19 ministrative costs associated with implementing the
20 amendments made by this section.
21 SEC. 30722. INVESTMENTS TO EXPAND ACCESS TO BEHAV-
22 IORAL HEALTH.
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541
1 (1) IN GENERAL.—Section 223 of the Pro-
2 tecting Access to Medicare Act of 2014 (42 U.S.C.
3 1396a note) is amended—
4 (A) in subsection (c), by adding at the end
5 the following new paragraph:
6 ‘‘(3) ADDITIONAL PLANNING GRANTS.—In addi-
7 tion to the planning grants awarded under para-
8 graph (1), the Secretary shall award planning grants
9 to States (other than States selected to conduct
10 demonstration programs under paragraph (1) or (8)
11 of subsection (d)) for the purpose of developing pro-
12 posals to participate in time-limited demonstration
13 programs described in subsection (d).’’;
14 (B) in subsection (d)—
15 (i) in paragraph (3), by striking
16 ‘‘Subject to paragraph (8)’’ and inserting
17 ‘‘Subject to paragraphs (8) and (9)’’;
18 (ii) in paragraph (5)(C)(iii)(II), by in-
19 serting ‘‘or paragraph (9)’’ after ‘‘para-
20 graph (8)’’;
21 (iii) in paragraph (7)(B)—
22 (I) by striking ‘‘December 31,
23 2021’’ and inserting ‘‘March 31,
24 2026’’;
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1 (II) by striking ‘‘recommenda-
2 tions concerning’’ and all that follows
3 through the period and inserting ‘‘rec-
4 ommendations concerning whether
5 and how the demonstration programs
6 under this section should be modi-
7 fied.’’; and
8 (III) by adding at the end the
9 following new sentence: ‘‘Such rec-
10 ommendations shall be based on data
11 collected from States selected to con-
12 duct demonstration programs under
13 paragraph (1) and, to the extent
14 available, data collected from States
15 selected to conduct demonstration
16 programs under paragraphs (8) and
17 (9).’’; and
18 (iv) by adding at the end the following
19 new paragraph:
20 ‘‘(9) FURTHER ADDITIONAL PROGRAMS.—
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1 conduct a demonstration program that meets
2 the requirements of this subsection for 2 years.
3 ‘‘(B) REQUIREMENTS.—The requirements
4 described in this subparagraph with respect to
5 a State are that the State—
6 ‘‘(i) was awarded a planning grant
7 under paragraph (1) or (3) of subsection
8 (c); and
9 ‘‘(ii) submits an application (in addi-
10 tion to any application that the State may
11 have previously submitted under this sec-
12 tion) that meets the requirements of para-
13 graph (2)(B).
14 ‘‘(C) REQUIREMENTS FOR SELECTED
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1 (D) in subsection (f)(1)—
2 (i) in subparagraph (A), by striking ‘‘;
3 and’’ and inserting a semicolon;
4 (ii) in subparagraph (B), by striking
5 the period and inserting ‘‘, and
6 $40,000,000 for fiscal year 2022; and’’;
7 and
8 (iii) by adding at the end the fol-
9 lowing new subparagraph:
10 ‘‘(C) for purposes of updating the criteria
11 under subsection (a) as needed for certified
12 community behavioral health clinics and car-
13 rying out subsections (c)(3), (d)(7), and (d)(9)
14 (including the provision of technical assistance
15 to States applying for planning grants under
16 subsection (c)(3), and to conduct demonstration
17 projects under subsection (d)(9)), $5,000,000
18 for fiscal year 2022.’’.
19 (2) EXCLUSION OF AMOUNTS ATTRIBUTABLE
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1 (g) and (h)’’ and inserting ‘‘subsections (g),
2 (h), and (i)’’; and
3 (B) by adding at the end the following:
4 ‘‘(i) EXCLUSION FROM CAPS OF AMOUNTS ATTRIB-
5 UTABLE TO ENHANCED FMAP FOR COMMUNITY MENTAL
6 HEALTH SERVICES.—Any additional amount paid to
7 Puerto Rico, the Virgin Islands, Guam, the Northern Mar-
8 iana Islands, and American Samoa for expenditures for
9 medical assistance that is attributable to an enhanced
10 Federal medical assistance percentage applicable to such
11 expenditures under section 223(d)(5) of the Protecting
12 Access to Medicare Act of 2014 shall not be taken into
13 account for purposes of applying payment limits under
14 subsections (f) and (g).’’.
15 (b) MAKING PERMANENT A STATE OPTION TO PRO-
16 VIDE QUALIFYING COMMUNITY-BASED MOBILE CRISIS
17 INTERVENTION SERVICES.—Section 1947 of the Social
18 Security Act (42 U.S.C. 1396w–6) is amended—
19 (1) in subsection (a), by striking ‘‘during the 5-
20 year period’’;
21 (2) in subsection (c), by striking ‘‘occurring
22 during the period described in subsection (a) that a
23 State’’ and inserting ‘‘in which a State provides
24 medical assistance for qualifying community-based
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1 mobile crisis intervention services under this section
2 and’’; and
3 (3) in subsection (d)(2)—
4 (A) in subparagraph (A), by striking ‘‘for
5 the fiscal year preceding the first fiscal quarter
6 occurring during the period described in sub-
7 section (a)’’ and inserting ‘‘for the fiscal year
8 preceding the first fiscal quarter in which the
9 State provides medical assistance for qualifying
10 community-based mobile crisis intervention
11 services under this section’’; and
12 (B) in subparagraph (B), by striking ‘‘oc-
13 curring during the period described in sub-
14 section (a)’’ and inserting ‘‘occurring during a
15 fiscal quarter’’.
16 SEC. 30723. EXTENSION OF 100 PERCENT FEDERAL MED-
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1 Rescue Plan Act of 2021’’ and inserting ‘‘for the 16-
2 quarter period that begins on April 1, 2021’’; and
3 (2) by striking ‘‘such 8 fiscal year quarters’’
4 and inserting ‘‘such 16-quarter period’’.
5 SEC. 30724. ADJUSTMENTS TO UNCOMPENSATED CARE
7 PITAL PAYMENTS.
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1 sured individuals, or underinsured individuals, such
2 project shall exclude from the determination of such ex-
3 penditures any care that is furnished with respect to such
4 fiscal year to individuals described in section
5 1902(a)(10)(A)(i)(VIII).’’.
6 (b) ADJUSTMENTS TO DISPROPORTIONATE SHARE
7 HOSPITAL PAYMENTS.—Section 1923(f) of the Social Se-
8 curity Act (42 U.S.C.1396r–4(f)) is amended—
9 (1) in paragraph (3)(A), by striking ‘‘para-
10 graphs (6), (7), and (8)’’ and inserting ‘‘paragraphs
11 (6), (7), (8), and (10)’’;
12 (2) in paragraph (6)(A)(vi), by inserting ‘‘(ex-
13 cept paragraph (10))’’ before ‘‘, any other provision
14 of law’’;
15 (3) in paragraph (7)(A), by inserting ‘‘without
16 regard to the allotment cap under paragraph (10),’’
17 before ‘‘the Secretary’’; and
18 (4) by adding at the end the following new
19 paragraph:
20 ‘‘(10) ALLOTMENT CAP FOR NON-EXPANSION
21 STATES.—
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1 with respect to such fiscal year, does not
2 provide to all individuals described in sec-
3 tion 1902(a)(10)(A)(i)(VIII) benchmark
4 coverage described in section 1937(b)(1) or
5 benchmark equivalent coverage described
6 in section 1937(b)(2), the DSH allotment
7 for such State for such fiscal year is equal
8 to 87.5 percent of the DSH allotment that
9 would (without application of paragraphs
10 (6), (7), (8), or this paragraph) be deter-
11 mined under this subsection for the State
12 for fiscal year 2023;
13 ‘‘(ii) in the case of a State with a
14 State plan (or waiver of such plan) that,
15 with respect to such fiscal year, is revised
16 to not include the providing to all individ-
17 uals described in section
18 1902(a)(10)(A)(i)(VIII) benchmark cov-
19 erage described in section 1937(b)(1) or
20 benchmark equivalent coverage described
21 in section 1937(b)(2), the DSH allotment
22 for such State for such fiscal year is equal
23 to the product of—
24 ‘‘(I) 87.5 percent of the DSH al-
25 lotment that would (without applica-
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1 tion of paragraphs (6), (7), (8), or
2 this paragraph) be determined under
3 this subsection for the State for fiscal
4 year 2023; and
5 ‘‘(II) expressed as a percentage,
6 the number of days of a fiscal year
7 during which such State plan (or
8 waiver of such plan) includes, with re-
9 spect to a fiscal year, the providing to
10 such individuals such benchmark cov-
11 erage or such benchmark equivalent
12 coverage; or
13 ‘‘(iii) in the case of a State with a
14 State plan (or waiver of such plan) that,
15 with respect to such fiscal year, is revised
16 to include the providing to all individuals
17 described in section
18 1902(a)(10)(A)(i)(VIII) benchmark cov-
19 erage described in section 1937(b)(1) or
20 benchmark equivalent coverage described
21 in section 1937(b)(2), the DSH allotment
22 for such State for such fiscal year is equal
23 to the DSH allotment that would (without
24 application of paragraphs (6), (7), (8), or
25 this paragraph) be determined under this
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1 subsection for the State for fiscal year
2 2023.
3 ‘‘(B) NO APPLICATION ON DSH ALLOT-
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1 ‘‘(iii) for fiscal year 2022,
2 $3,600,000,000; and
3 ‘‘(iv) for fiscal year 2023 and each
4 subsequent year, the sum of the amount
5 provided in this subsection for the pre-
6 ceding fiscal year, increased by the per-
7 centage increase, if any, in Medicaid
8 spending under title XIX during the pre-
9 ceding year (as determined based on the
10 most recent National Health Expenditure
11 data with respect to such year), rounded to
12 the nearest $100,000;’’;
13 (2) in subparagraph (B)—
14 (A) in clause (i), by striking ‘‘except as
15 provided in clause (ii),’’ and inserting ‘‘for each
16 of fiscal years 1999 through 2019,’’;
17 (B) in clause (ii), by striking ‘‘and’’ at the
18 end;
19 (C) by adding at the end the following:
20 ‘‘(iv) for fiscal year 2022,
21 $135,000,000; and
22 ‘‘(v) for fiscal year 2023 and each
23 subsequent year, the sum of the amount
24 provided in this subsection for the pre-
25 ceding fiscal year, increased by the per-
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1 centage increase described in subparagraph
2 (A)(iv) for the preceding year, rounded to
3 the nearest $10,000;’’;
4 (3) in subparagraph (C)—
5 (A) in clause (i), by striking ‘‘except as
6 provided in clause (ii),’’ and inserting ‘‘for each
7 of fiscal years 1999 through 2019,’’;
8 (B) in clause (ii), by striking ‘‘and’’ at the
9 end;
10 (C) by adding at the end the following:
11 ‘‘(iv) for fiscal year 2022,
12 $140,000,000; and
13 ‘‘(v) for fiscal year 2023 and each
14 subsequent year, the sum of the amount
15 provided in this subsection for the pre-
16 ceding fiscal year, increased by the per-
17 centage increase described in subparagraph
18 (A)(iv) for the preceding year, rounded to
19 the nearest $10,000;’’;
20 (4) in subparagraph (D)—
21 (A) in clause (i), by striking ‘‘except as
22 provided in clause (ii),’’ and inserting ‘‘for each
23 of fiscal years 1999 through 2019,’’;
24 (B) in clause (ii), by striking ‘‘and’’ at the
25 end;
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1 (C) in clause (iii), by striking ‘‘and’’ at the
2 end; and
3 (D) by adding at the end the following new
4 clauses:
5 ‘‘(iv) for fiscal year 2022,
6 $70,000,000; and
7 ‘‘(v) for fiscal year 2023 and each
8 subsequent year, the sum of the amount
9 provided in this subsection for the pre-
10 ceding fiscal year, increased by the per-
11 centage increase described in subparagraph
12 (A)(iv) for the preceding year, rounded to
13 the nearest $10,000; and’’;
14 (5) in subparagraph (E)—
15 (A) in clause (i), by striking ‘‘except as
16 provided in clause (ii),’’ and inserting ‘‘for each
17 of fiscal years 1999 through 2019,’’;
18 (B) in clause (ii), by striking ‘‘and’’ at the
19 end;
20 (C) in clause (iii), by striking the period
21 and inserting a semicolon; and
22 (D) by adding at the end the following:
23 ‘‘(iv) for fiscal year 2022,
24 $90,000,000; and
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1 ‘‘(v) for fiscal year 2023 and each
2 subsequent year, the sum of the amount
3 provided in this subsection for the pre-
4 ceding fiscal year, increased by the per-
5 centage increase described in subparagraph
6 (A)(iv) for the preceding year, rounded to
7 the nearest $10,000.’’; and
8 (6) by striking the flush matter following sub-
9 paragraph (E).
10 (b) FMAP ADJUSTMENTS.—Section 1905(ff) of the
11 Social Security Act (42 U.S.C. 1396d(ff)) is amended—
12 (1) by redesignating paragraphs (1) through
13 (3) as subparagraphs (A) through (C), respectively,
14 and adjusting the margins accordingly;
15 (2) by striking ‘‘Notwithstanding’’ and insert-
16 ing the following:
17 ‘‘(1) IN GENERAL.—Notwithstanding’’;
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1 (ii) by striking ‘‘and’’ at the end;
2 (C) in subparagraph (C), as so redesig-
3 nated, by striking ‘‘December 3, 2021,’’ and in-
4 serting ‘‘September 30, 2021’’;
5 (D) by adding at the end the following:
6 ‘‘(D) for fiscal year 2022 and each subse-
7 quent fiscal year, the Federal medical assist-
8 ance percentage for the Virgin Islands, Guam,
9 the Northern Mariana Islands, and American
10 Samoa shall be equal to 83 percent;
11 ‘‘(E) for fiscal year 2022, the Federal
12 medical assistance percentage for Puerto Rico
13 shall be equal to 76 percent; and
14 ‘‘(F) for fiscal year 2023 and each subse-
15 quent fiscal year, the Federal medical assist-
16 ance percentage for Puerto Rico shall be equal
17 to 83 percent.’’; and
18 (4) by adding at the end the following new
19 paragraph:
20 ‘‘(2) SPECIAL RULE FOR PUERTO RICO RELAT-
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1 waiver of such plan) shall establish a reimburse-
2 ment floor, implemented through a directed
3 payment arrangement plan, for physician serv-
4 ices that are covered under the Medicare part
5 B fee schedule in the Puerto Rico locality estab-
6 lished under section 1848(b) that is not less
7 than 70 percent of the payment that would
8 apply to such services if they were furnished
9 under part B of title XVIII during such fiscal
10 quarter.
11 ‘‘(B) APPLICATION TO MANAGED CARE.—
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1 quarter occurring during a year in which
2 the contract is entered into or renewed,
3 such reimbursement floor shall be deemed
4 to satisfy such requirements for each sub-
5 sequent fiscal quarter occurring during
6 such year and for each fiscal quarter oc-
7 curring during the subsequent fiscal year.
8 ‘‘(C) FMAP REDUCTION FOR FAILURE TO
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1 ‘‘(I) In the case no reduction was
2 made under this subparagraph for the
3 preceding fiscal quarter, 0.5 percent-
4 age points.
5 ‘‘(II) In the case a reduction was
6 made under this subparagraph for the
7 preceding fiscal quarter, the number
8 of percentage points of such reduction
9 for such preceding fiscal quarter, plus
10 0.25 percentage points, except that in
11 no case may the application of this
12 subclause result in a reduction of
13 more than 5 percentage points.’’.
14 PART 4—MAINTENANCE OF EFFORT; OTHER
15 MATTERS
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1 ‘‘(g) ENCOURAGING CONTINUED ACCESS AFTER THE
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1 apply to the State with respect to nonpregnant, non-
2 disabled adults who are eligible for medical assist-
3 ance under the State plan (or waiver such plan)
4 whose income exceeds 133 percent of the poverty
5 line (as defined in section 2110(c)(5)) applicable to
6 a family of the size involved if, on or after December
7 31, 2010, the State had certified or certifies to the
8 Secretary that, with respect to the State fiscal year
9 during which the certification is made, the State has
10 a budget deficit, or with respect to the succeeding
11 State fiscal year, the State is projected to have a
12 budget deficit. Upon submission of such a certifi-
13 cation to the Secretary, the condition under para-
14 graph (1) shall not apply to the State with respect
15 to any remaining portion of the period described in
16 the preceding sentence.’’.
17 SEC. 30742. ENSURING ACCURATE PAYMENTS TO PHAR-
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1 vey of retail community pharmacy drug prices, to
2 determine the national average drug acquisition cost,
3 as follows:
4 ‘‘(A) USE OF VENDOR.—The Secretary
5 may contract services for—
6 ‘‘(i) with respect to retail community
7 pharmacies, the determination of retail
8 survey prices of the national average drug
9 acquisition cost for covered outpatient
10 drugs based on a monthly survey of such
11 pharmacies, net of all discounts and re-
12 bates (to the extent any information with
13 respect to such discounts and rebates is
14 available), the average reimbursement re-
15 ceived for such drugs by such pharmacies
16 from all sources of payment and, to the ex-
17 tent available, the usual and customary
18 charges to consumers for such drugs;
19 and’’;
20 (2) by adding at the end of paragraph (1) the
21 following:
22 ‘‘(F) SURVEY REPORTING.—A State shall
23 require that any retail community pharmacy in
24 the State that receives any payment, reimburse-
25 ment, administrative fee, discount, or rebate re-
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1 lated to the dispensing of covered outpatient
2 drugs to individuals receiving benefits under
3 this title or title XXI, regardless of whether
4 such payment, fee, discount, or rebate is re-
5 ceived from the State or a managed care entity
6 directly or from a pharmacy benefit manager or
7 another entity that has a contract with the
8 State or a managed care entity or other speci-
9 fied entity (as such terms are defined in section
10 1903(m)(9)(D)), shall respond to surveys of re-
11 tail prices conducted under this subsection with
12 the specific information requested by the ven-
13 dor.
14 ‘‘(G) SURVEY INFORMATION.—Information
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1 ‘‘(iii) Characteristics of reporting
2 pharmacies, including type (such as inde-
3 pendent or chain), geographic or regional
4 location, and dispensing volume.
5 ‘‘(iv) Reporting of a separate national
6 average drug acquisition cost for each drug
7 for independent retail pharmacies and
8 chain pharmacies.
9 ‘‘(v) Information on price concessions
10 including on and off invoice discounts, re-
11 bates, and other price concessions.
12 ‘‘(vi) Information on average profes-
13 sional dispensing fees paid.
14 ‘‘(H) PENALTIES.—
15 ‘‘(i) FAILURE TO PROVIDE TIMELY IN-
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1 good faith effort to provide the information
2 requested by the survey on a timely basis.
3 ‘‘(ii) FALSE INFORMATION.—A retail
4 community pharmacy that knowingly pro-
5 vides false information in response to a
6 survey conducted under this subsection
7 may be subject to a civil money penalty in
8 an amount not to exceed $100,000 for
9 each item of false information.
10 ‘‘(iii) OTHER PENALTIES.—Any civil
11 money penalties imposed under this sub-
12 paragraph shall be in addition to other
13 penalties as may be prescribed by law. The
14 provisions of section 1128A (other than
15 subsections (a) and (b)) shall apply to a
16 civil money penalty under this subpara-
17 graph in the same manner as such provi-
18 sions apply to a penalty or proceeding
19 under section 1128A(a).’’; and
20 (3) in paragraph (4), by inserting ‘‘, and
21 $7,000,000 for fiscal year 2023 and each fiscal year
22 thereafter,’’ after ‘‘2010’’.
23 (b) CONDITION FOR FEDERAL FINANCIAL PARTICI-
24 PATION.—Section 1903(i)(10) of the Social Security Act
25 (42 U.S.C. 1396b(i)(10)) is amended—
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1 (1) in subparagraph (D), by striking ‘‘and’’
2 after the semicolon;
3 (2) in subparagraph (E), by striking ‘‘or’’ after
4 the semicolon and inserting ‘‘and’’; and
5 (3) by inserting after subparagraph (E), the
6 following new subparagraph:
7 ‘‘(F) with respect to any amount expended for
8 reimbursement to a retail community pharmacy
9 under this title unless the State requires the retail
10 community pharmacy to respond to surveys of retail
11 prices conducted under section 1927(f) in accord-
12 ance with paragraph (1)(F) of such section; or’’.
13 (c) EFFECTIVE DATE.—The amendments made by
14 this section take effect on the 1st day of the 1st quarter
15 that begins on or after the date that is 18 months after
16 the date of enactment of this Act.
17 SEC. 30743. FURTHER INCREASE IN FMAP FOR MEDICAL AS-
19 TORY INDIVIDUALS.
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1 (2) in subparagraph (E), by striking ‘‘2020 and
2 each year thereafter.’’ and inserting ‘‘2020, 2021,
3 and 2022; and’’; and
4 (3) by adding at the end the following new sub-
5 paragraphs:
6 ‘‘(F) 93 percent for calendar quarters in
7 2023, 2024, and 2025; and
8 ‘‘(G) 90 percent for calendar quarters in
9 2026 and each year thereafter.’’.
10 Subtitle G—Children’s Health
11 Insurance Program
12 SEC. 30801. INVESTMENTS TO STRENGTHEN CHIP.
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1 (i) in paragraph (2)(B)(i), by striking
2 ‘‘, 2023, and 2027’’ and inserting ‘‘and
3 2023’’;
4 (ii) in paragraph (5)—
5 (I) by striking ‘‘(10), or (11)’’
6 and inserting ‘‘or (10)’’;
7 (II) by striking ‘‘for a fiscal
8 year’’ and inserting ‘‘for a fiscal year
9 before 2027’’; and
10 (III) by striking ‘‘2023, or 2027’’
11 and inserting ‘‘or 2023’’;
12 (iii) in paragraph (7)—
13 (I) in subparagraph (A), by strik-
14 ing ‘‘and ending with fiscal year
15 2027,’’; and
16 (II) in the flush left matter at
17 the end, by striking ‘‘or fiscal year
18 2026’’ and inserting ‘‘fiscal year
19 2026, or a subsequent even-numbered
20 fiscal year’’;
21 (iv) in paragraph (9)—
22 (I) by striking ‘‘(10), or (11)’’
23 and inserting ‘‘or (10)’’; and
24 (II) by striking ‘‘2023, or 2027,’’
25 and inserting ‘‘or 2023’’; and
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569
1 (v) by striking paragraph (11).
2 (B) CONFORMING AMENDMENT.—Section
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570
1 $100,000 over such previous fiscal year, for the
2 purpose of carrying out this section (other than
3 subsections (e), (f), and (g)).’’.
4 (2) ASSURANCE OF ELIGIBILITY STANDARDS
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571
1 (III) by striking ‘‘The preceding
2 sentences shall not be construed as
3 preventing a State during any such
4 periods from’’ and inserting ‘‘The pre-
5 ceding sentences shall not be con-
6 strued as preventing a State from’’;
7 (ii) in clause (i), by striking the semi-
8 colon at the end and inserting a period;
9 (iii) by striking clauses (ii) and (iii);
10 and
11 (iv) as amended by subclause (I)(cc),
12 by striking ‘‘as preventing a State from’’
13 and all that follows through ‘‘applying eli-
14 gibility standards’’ and inserting ‘‘as pre-
15 venting a State from applying eligibility
16 standards’’.
17 (3) QUALIFYING STATES OPTION.—Section
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1 serting ‘‘for any fiscal year after fiscal year
2 2008’’.
3 (4) OUTREACH AND ENROLLMENT PROGRAM.—
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573
1 the period or the fiscal year for which such
2 amounts are appropriated’’; and
3 (B) in subsection (g)—
4 (i) by striking ‘‘2017,,’’ and inserting
5 ‘‘2017,’’;
6 (ii) by striking ‘‘and $48,000,000’’
7 and inserting ‘‘$48,000,000’’; and
8 (iii) by inserting after ‘‘through
9 2027’’ the following: ‘‘, $60,000,000 for
10 fiscal years 2028, 2029, and 2030, and for
11 each 3 fiscal years after fiscal year 2030,
12 the amount appropriated under this sub-
13 section for the previous fiscal year, in-
14 creased by the percentage increase in the
15 consumer price index for all urban con-
16 sumers (all items; United States city aver-
17 age, as published by the Bureau of Labor
18 Statistics) rounded to the nearest
19 $100,000 over such previous fiscal year’’.
20 (5) CHILD ENROLLMENT CONTINGENCY
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1 (I) by striking ‘‘2024 through
2 2026’’ and inserting ‘‘beginning with
3 fiscal year 2024’’; and
4 (II) by striking ‘‘2023, and
5 2027’’ and inserting ‘‘and 2023’’; and
6 (ii) in subparagraph (B)—
7 (I) by striking ‘‘2024 through
8 2026’’ and inserting ‘‘beginning with
9 fiscal year 2024’’; and
10 (II) by striking ‘‘2023, and
11 2027’’ and inserting ‘‘and 2023’’; and
12 (B) in paragraph (3)(A)—
13 (i) by striking ‘‘fiscal years 2024
14 through 2026’’ and inserting ‘‘fiscal year
15 2024 or any subsequent fiscal year’’; and
16 (ii) by striking ‘‘2023, or 2027’’ and
17 inserting ‘‘or 2023’’.
18 (c) CHIP DRUG REBATES.—
19 (1) IN GENERAL.—Section 2107 of the Social
20 Security Act (42 U.S.C. 1397gg), as amended by
21 section 30721(b)(2), is further amended—
22 (A) in subsection (e)(1) by adding at the
23 end the following new subparagraph:
24 ‘‘(V) Beginning January 1, 2024, section
25 1927 (relating to covered outpatient drugs), in
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1 accordance with subsection (h) of this section,
2 with respect to covered outpatient drugs (as de-
3 fined in section 1927) for which child health as-
4 sistance or pregnancy-related assistance (as de-
5 fined in section 2112(d)(1)) is provided under
6 the State child health plan, including such
7 drugs dispensed to individuals enrolled with a
8 managed care organization that meets the re-
9 quirements of subpart L of part 457 of title 42,
10 Code of Federal Regulations (or a successor
11 regulation) if the organization is responsible for
12 coverage of such drugs.’’; and
13 (B) by adding at the end the following new
14 subsection:
15 ‘‘(h) DRUG REBATES.—For purposes of subsection
16 (e)(1)(U), in applying section 1927—
17 ‘‘(1) the Secretary shall take such actions as
18 are necessary and develop or adapt such processes
19 and mechanisms as are necessary, including to re-
20 port and collect data to bill and track rebates under
21 section 1927, as applied pursuant to subsection
22 (e)(1)(V) for covered outpatient drugs (as defined in
23 such section 1927) for which child health assistance
24 or pregnancy-related assistance (as defined in sec-
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576
1 tion 2112(d)(1)) is provided under the State child
2 health plan;
3 ‘‘(2) the requirements of such section 1927
4 shall apply to any drug or biological product de-
5 scribed in paragraph (1)(A) of section 1905(ee) that
6 is—
7 ‘‘(A) furnished as child health assistance
8 or pregnancy-related assistance under the State
9 child health plan; and
10 ‘‘(B) a covered outpatient drug (as defined
11 in section 1927(k), except that, in applying
12 paragraph (2)(A) of such section to a drug de-
13 scribed in such paragraph (1)(A) of such sec-
14 tion 1905(ee), such drug shall be deemed ‘a
15 prescribed drug for purposes of subsection
16 (a)(12))’; and
17 ‘‘(3) in order for payment to be available under
18 section 2105 with respect to child health assistance
19 or pregnancy-related assistance for covered out-
20 patient drugs of a manufacturer, the manufacturer
21 must have entered into and have in effect a single
22 rebate agreement to—
23 ‘‘(A) provide rebates under section 1927 to
24 a State Medicaid program under title XIX as
25 well as a State program under this title; and
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577
1 ‘‘(B) provide such rebates to a State pro-
2 gram under this title in the same form and
3 manner as the manufacturer is required to pro-
4 vide rebates under an agreement described in
5 section 1927(b) to a State Medicaid program
6 under title XIX.
7 Nothing in this subsection or subsection (e)(1)(V)
8 shall be construed as limiting Federal financial par-
9 ticipation for prescription drugs and biological prod-
10 ucts that do not satisfy the definition of a covered
11 outpatient drug and for which there is not a rebate
12 agreement in effect.’’.
13 (2) DRUG REBATE CONFORMING AMEND-
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1 gle rebate agreement described in subsection (b)
2 with respect to payment under section 1903(a)
3 and, beginning January 1, 2024, title XXI,’’;
4 and
5 (C) by inserting ‘‘and including as such
6 subsection (b) is applied pursuant to sub-
7 sections (e)(1)(V) and (h) of section 2107 with
8 respect to child health assistance and preg-
9 nancy-related assistance under a State child
10 health plan under title XXI,’’ before ‘‘, and
11 must meet’’.
12 (3) NON-DUPLICATION OF REBATES CON-
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579
1 applied pursuant to subsections (e)(1)(V) and
2 (h) of section 2107 of such Act’’; and
3 (B) in clause (ii), by inserting ‘‘, including
4 as applied pursuant to subsections (e)(1)(V)
5 and (h) of section 2107 of such Act,’’ after ‘‘the
6 requirements of section 1927(a)(5)(C) of the
7 Social Security Act’’.
8 (4) EXCLUSION OF REBATES FROM BEST PRICE
9 CONFORMING AMENDMENT.—Section
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580
1 (A) in subclause (II), by striking ‘‘or’’ at
2 the end;
3 (B) in subclause (III), by striking ‘‘and’’
4 at the end and inserting ‘‘or’’; and
5 (C) by inserting after subclause (III) the
6 following new subclause:
7 ‘‘(IV) at the option of the State,
8 whose family income exceeds the maximum
9 income level otherwise established for chil-
10 dren under the State child health plan as
11 of the date of the enactment of this sub-
12 clause; and’’.
13 (2) TREATMENT OF TERRITORIES.—Section
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1 (3) REMOVAL OF SUNSET FOR INCREASES IN
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582
1 (iii) by striking ‘‘the audiologist’’ and
2 inserting ‘‘the audiologist or qualified hear-
3 ing aid professional’’; and
4 (B) in paragraph (4), by adding at the end
5 the following new subparagraph:
6 ‘‘(C) The term ‘qualified hearing aid profes-
7 sional’ means, with respect to hearing assessment
8 services described in paragraph (3), an individual
9 who—
10 ‘‘(i) is licensed as a hearing aid dispenser,
11 hearing aid specialist, hearing instrument dis-
12 penser, or related professional by the State in
13 which the individual furnishes such services;
14 and
15 ‘‘(ii) meets such other requirements as the
16 Secretary determines appropriate, taking into
17 account any additional requirements for hearing
18 aid specialists, hearing aid dispensers, and
19 hearing instrument dispensers established by
20 Medicare Advantage organizations under part
21 C, State plans (or waivers of such plans) under
22 title XIX, and the group health plans and
23 health insurance issuers (as such terms are de-
24 fined in section 2791 of the Public Health Serv-
25 ice Act).’’.
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1 (2) PAYMENT FOR QUALIFIED HEARING AID
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1 (2) PAYMENT LIMITATIONS FOR HEARING
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1 (as defined in section 1861(ll)(4)), qualified
2 hearing aid professional (as so defined), physi-
3 cian assistant, nurse practitioner, or clinical
4 nurse specialist.’’.
5 (3) APPLICATION OF COMPETITIVE ACQUISI-
6 TION.—
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1 (ii) EXEMPTION OF CERTAIN ITEMS
17 AN ASSIGNMENT-RELATED BASIS.—Section
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587
1 ‘‘(viii) A qualified hearing aid profes-
2 sional (as defined in section
3 1861(ll)(4)(C)).’’.
4 (c) EXCLUSION MODIFICATION.—Section 1862(a)(7)
5 of the Social Security Act (42 U.S.C. 1395y(a)(7)) is
6 amended by inserting ‘‘(except such hearing aids or exami-
7 nations therefor as described in and otherwise allowed
8 under section 1861(s)(8))’’ after ‘‘hearing aids or exami-
9 nations therefor’’.
10 (d) INCLUSION AS EXCEPTED MEDICAL TREAT-
11 MENT.—Section 1821(b)(5)(A) of the Social Security Act
12 (42 U.S.C. 1395i–5(b)(5)(A)) is amended—
13 (1) in clause (i), by striking ‘‘or’’;
14 (2) in clause (ii), by striking the period and in-
15 serting ‘‘, or’’; and
16 (3) by adding at the end the following new
17 clause:
18 ‘‘(iii) consisting of items or services
19 described in section 1861(ll)(3) that are
20 payable under part B as a result of the
21 amendments made by An Act to provide
22 for reconciliation pursuant to title II of S.
23 Con. Res. 14.’’.
24 (e) RURAL HEALTH CLINICS AND FEDERALLY
25 QUALIFIED HEALTH CENTERS.—
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1 (1) CLARIFYING COVERAGE OF AUDIOLOGY
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589
1 ment basis determined under section 1848
2 until such time as the Secretary deter-
3 mines sufficient data has been collected to
4 otherwise apply such limits)’’ after ‘‘may
5 prescribe in regulations’’; and
6 (ii) by adding at the end the following
7 new subsection:
8 ‘‘(ee) DISREGARD OF COSTS ATTRIBUTABLE TO CER-
9 TAIN SERVICES FROM CALCULATION OF RHC AIR.—
10 Payments for rural health clinic services other than audi-
11 ology services (as defined in section 1861(ll)(3)) under the
12 methodology for all-inclusive rates (established by the Sec-
13 retary) under subsection (a)(3) shall not take into account
14 the costs of such services while rates for such services are
15 based on rates payable for such services under the pay-
16 ment basis established under section 1848.’’.
17 (B) PPS.—Section 1834(o) of the Social
18 Security Act (42 U.S.C. 1395m(o)) is amended
19 by adding at the end the following new para-
20 graph:
21 ‘‘(5) TEMPORARY PAYMENT RATES BASED ON
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590
1 payment system established under this subsection, in
2 lieu of the rates otherwise applicable under such sys-
3 tem, base such rates on rates payable for such serv-
4 ices under the payment basis established under sec-
5 tion 1848 until such time as the Secretary deter-
6 mines sufficient data has been collected to otherwise
7 establish rates for such services under such system.
8 Payments for Federally qualified health center serv-
9 ices other than such audiology services under such
10 system shall not take into account the costs of such
11 services while rates for such services are based on
12 rates payable for such services under the payment
13 basis established under section 1848.’’.
14 (f) IMPLEMENTATION.—In addition to amounts oth-
15 erwise available, there is appropriated to the Secretary of
16 Health and Human Services for fiscal year 2022, out of
17 any money in the Treasury not otherwise appropriated,
18 $370,000,000, to remain available until expended, for pur-
19 poses of implementing the amendments made by this sec-
20 tion during the period beginning on January 1, 2022, and
21 ending on September 30, 2031.
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591
1 Subtitle I—Public Health
2 PART 1—HEALTH CARE INFRASTRUCTURE AND
3 WORKFORCE
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1 (B) $150,000,000 in fiscal year 2023; and
2 (C) $500,000,000 in each of fiscal years
3 2024 through 2026; and
4 (3) for the purposes of carrying out subsection
5 (d)—
6 (A) $100,000,000 in fiscal year 2022;
7 (B) $150,000,000 in fiscal year 2023; and
8 (C) $500,000,000 in each of fiscal years
9 2024 through 2026.
10 (b) USE OF FUNDS.—Amounts made available pursu-
11 ant to subsection (a) shall be used to support core public
12 health infrastructure activities to strengthen the public
13 health system of the United States, including by awarding
14 grants under this section and expanding and improving
15 activities of the Centers for Disease Control and Preven-
16 tion under subsections (c) and (d).
17 (c) GRANTS.—
18 (1) AWARDS.—For the purpose of addressing
19 core public health infrastructure needs, the Sec-
20 retary shall award—
21 (A) a grant to each State or territorial
22 health department, and to local health depart-
23 ments that serve counties with a population of
24 at least 2,000,000 or cities with a population of
25 at least 400,000 people; and
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1 (B) grants on a competitive basis to State,
2 territorial, local, or Tribal health departments.
3 (2) REQUIRED USES.—
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1 (4) COMPETITIVE GRANTS TO STATE, TERRI-
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1 (B) demonstrate to the satisfaction of the
2 Secretary that—
3 (i) funds received through the grant
4 will be expended only to supplement, and
5 not supplant, non-Federal and Federal
6 funds otherwise available to the entity for
7 the purpose of addressing core public
8 health infrastructure needs; and
9 (ii) with respect to activities for which
10 the grant is awarded, the entity will main-
11 tain expenditures of non-Federal amounts
12 for such activities at a level not less than
13 the level of such expenditures maintained
14 by the entity for fiscal year 2019; and
15 (C) agree to report annually to the Direc-
16 tor regarding the use of the grant funds.
17 (d) CORE PUBLIC HEALTH INFRASTRUCTURE AND
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1 (e) DEFINITION.—In this section, the term ‘‘core
2 public health infrastructure’’ includes—
3 (1) health equity activities;
4 (2) workforce capacity and competency;
5 (3) all hazards public health and preparedness;
6 (4) testing capacity, including test platforms,
7 mobile testing units, and personnel;
8 (5) health information, health information sys-
9 tems, and health information analysis (including
10 data analytics);
11 (6) epidemiology and disease surveillance;
12 (7) contact tracing;
13 (8) policy and communications;
14 (9) financing;
15 (10) community partnership development; and
16 (11) relevant components of organizational ca-
17 pacity.
18 (f) SUPPLEMENT NOT SUPPLANT.—Amounts made
19 available by this section shall be used to supplement, and
20 not supplant, amounts otherwise made available for the
21 purposes described in this Act.
22 SEC. 31002. FUNDING FOR HEALTH CENTER CAPITAL
23 GRANTS.
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1 year 2022, out of any money in the Treasury not otherwise
2 appropriated, $1,000,000,000, to remain available until
3 expended, for necessary expenses for awarding grants and
4 entering into cooperative agreements for capital projects
5 to health centers funded under section 330 of the Public
6 Health Service Act (42 U.S.C. 254b) to be awarded with-
7 out regard to the time limitation in subsection (e)(3) and
8 subsections (e)(6)(A)(iii), (e)(6)(B)(iii), and (r)(2)(B) of
9 such section 330, and for necessary expenses for awarding
10 grants and cooperative agreements for capital projects to
11 Federally qualified health centers, as described in section
12 1861(aa)(4)(B) of the Social Security Act (42 U.S.C.
13 1395x(aa)(4)(B)). The Secretary shall take such steps as
14 may be necessary to expedite the awarding of such grants
15 to Federally qualified health centers for capital projects.
16 (b) USE OF FUNDS.—Amounts made available to a
17 recipient of a grant or cooperative agreement pursuant to
18 subsection (a) shall be used for health center facility alter-
19 ation, renovation, remodeling, expansion, construction,
20 and other capital improvement costs, including the costs
21 of amortizing the principal of, and paying interest on,
22 loans for such purposes.
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1 SEC. 31003. FUNDING FOR TEACHING HEALTH CENTER
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1 (1) For making payments to establish new ap-
2 proved graduate medical residency training pro-
3 grams pursuant to section 340H(a)(1)(C) of the
4 Public Health Service Act (42 U.S.C.
5 256h(a)(1)(C)).
6 (2) For making payments under section
7 340H(a)(1)(A) of the Public Health Service Act (42
8 U.S.C. 256h(a)(1)(A))) to qualified teaching health
9 centers for maintenance of filled positions at existing
10 approved graduate medical residency training pro-
11 grams.
12 (3) For making payments under section
13 340H(a)(1)(B) of the Public Health Service Act (42
14 U.S.C. 256h(a)(1)(B)) for the expansion of existing
15 approved graduate medical residency training pro-
16 grams.
17 (4) For making awards under section 749A of
18 the Public Health Service Act (42 U.S.C. 293l–1) to
19 teaching health centers for the purpose of estab-
20 lishing new accredited or expanded primary care
21 residency programs.
22 (5) To provide an increase to the per resident
23 amount described in section 340H(a)(2) of the Pub-
24 lic Health Service Act (42 U.S.C. 256h(a)(2)).
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1 (d) PRIORITY USES OF FUNDS.—In making pay-
2 ments and awards under subsection (c), the Secretary
3 shall, in addition to the requirements of paragraphs (3)(A)
4 and (3)(B) of section 340H of the Public Health Service
5 Act (42 U.S.C. 256h), make payments and awards to eligi-
6 ble entities in a manner that accounts for States or terri-
7 tories in which there is no existing qualified teaching
8 health center funded by payments under such section
9 340H.
10 SEC. 31004. FUNDING FOR CHILDREN’S HOSPITALS THAT
12 PROGRAMS.
23 CORPS.
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1 any money in the Treasury not otherwise appropriated,
2 $650,000,000, to remain available until expended, for car-
3 rying out sections 338A, 338B, and 338I of the Public
4 Health Service Act (42 U.S.C. 254l, 254l–1, 254q–1).
5 SEC. 31006. FUNDING FOR THE NURSE CORPS.
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1 health care for individuals in need of palliative or
2 hospice care.
3 (b) USE OF FUNDS.—The Secretary shall, giving pri-
4 ority to applicants proposing to carry out programs or ac-
5 tivities that demonstrate coordination with other Federal
6 or State programs and are expected to substantially ben-
7 efit rural populations, medically underserved populations,
8 medically underserved communities, Indian Tribes or
9 Tribal organizations, or Urban Indian organizations, use
10 amounts appropriated by subsection (a) to carry out a pro-
11 gram to award grants or contracts to entities defined in
12 paragraph (1), (3), or (4) of section 799B of the Public
13 Health Service Act (42 U.S.C. 295p) or section 801(2)
14 of such Act (42 U.S.C. 296) for purposes of carrying out
15 the following activities:
16 (1) Clinical training on providing integrated
17 palliative and hospice care and primary care delivery
18 services.
19 (2) Interprofessional or interdisciplinary train-
20 ing to practitioners from multiple disciplines and
21 specialties, including training on the provision of
22 care to individuals with palliative or hospice care
23 needs.
24 (3) Establishing or maintaining training-related
25 community-based programs for individuals with pal-
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1 liative or hospice care needs and caregivers to im-
2 prove quality of life, and where appropriate, health
3 outcomes for individuals who have palliative or hos-
4 pice care needs.
5 SEC. 31008. FUNDING FOR PALLIATIVE MEDICINE PHYSI-
6 CIAN TRAINING.
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1 units, hospices, home care, and community care pro-
2 grams;
3 (2) develop specific performance-based meas-
4 ures to evaluate the competency of trainees; and
5 (3) provide training in interprofessional or
6 interdisciplinary, team-based palliative medicine.
7 (c) GRADUATE MEDICAL EDUCATION PROGRAM DE-
8 FINED.—In this section, the term ‘‘graduate medical edu-
9 cation program’’ means a program sponsored by an ac-
10 credited school of medicine, an accredited school of osteo-
11 pathic medicine, a hospital, or a public or private institu-
12 tion that—
13 (1) offers postgraduate medical training in the
14 specialties and subspecialties of medicine; and
15 (2) has been accredited by—
16 (A) the Accreditation Council for Graduate
17 Medical Education; or
18 (B) the American Osteopathic Association
19 through its Committee on Postdoctoral Train-
20 ing (or a successor committee).
21 SEC. 31009. FUNDING FOR PALLIATIVE CARE AND HOSPICE
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1 $20,000,000, to establish a program, consistent with sec-
2 tion 753(b) of the Public Health Service Act (42 U.S.C.
3 294c(b)), including paragraphs (5)(A) and (5)(B) of such
4 section 753(b) concerning the maximum amount and du-
5 ration of awards, respectively, except that such program
6 shall be to provide awards to accredited schools of medi-
7 cine, osteopathic medicine, nursing, social work, psy-
8 chology, allied health, dentistry, or chaplaincy applying on
9 behalf of board-certified or board-eligible individuals in
10 hospice and palliative medicine that have an early-career
11 junior (non-tenured) faculty appointment at an accredited
12 school of medicine, or osteopathic medicine, nursing, social
13 work, psychology, allied health, dentistry, or chaplaincy,
14 to promote the academic career development of individuals
15 as hospice and palliative care specialists.
16 SEC. 31010. FUNDING FOR HOSPICE AND PALLIATIVE NURS-
17 ING.
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1 ties to develop and implement, in coordination with other
2 hospice and palliative care programs administered by the
3 Department of Health and Human Services, programs
4 and initiatives to train and educate individuals in pro-
5 viding interprofessional, interdisciplinary, team-based pal-
6 liative care in health-related educational, hospital, hospice,
7 home, or long-term care settings.
8 (b) USE OF FUNDS.—Amounts made available to an
9 awardee pursuant to subsection (a) shall be used to—
10 (1) provide training to individuals who will pro-
11 vide palliative care in health-related educational,
12 hospital, home, hospice, or long-term care settings;
13 (2) develop and disseminate curricula relating
14 to palliative care in health-related educational, hos-
15 pital, home, hospice, or long-term care settings;
16 (3) train faculty members in palliative care in
17 health-related educational, hospital, home, hospice,
18 or long-term care settings; and
19 (4) provide continuing education to individuals
20 who provide palliative care in health-related edu-
21 cational, home, hospice, or long-term care settings.
22 SEC. 31011. FUNDING FOR DISSEMINATION OF PALLIATIVE
23 CARE INFORMATION.
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1 year 2022, out of any money in the Treasury not otherwise
2 appropriated, $10,000,000, to remain available until ex-
3 pended, for the purpose described in subsection (b).
4 (b) USE OF FUNDS.—The Secretary, after consulta-
5 tion with appropriate medical and other health profes-
6 sional societies and palliative care and hospice stake-
7 holders, shall use amounts appropriated by subsection (a)
8 to award grants or contracts to public and nonprofit pri-
9 vate entities to disseminate information to inform pa-
10 tients, families, caregivers, direct care workers, and health
11 professionals about the benefits of palliative care through-
12 out the continuum of care for patients with serious or life-
13 threatening illness. Such awareness campaign shall in-
14 clude—
15 (1) information, resources, communication, and
16 education materials about palliative care for patients
17 and families facing serious or life-threatening ill-
18 nesses;
19 (2) information regarding hospice and palliative
20 care services, including information on how such
21 services may—
22 (A) incorporate age-friendly, patient-cen-
23 tered, and family-centered support throughout
24 the continuum of care for serious and life-
25 threatening illness;
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1 (B) anticipate, prevent, and treat pain;
2 (C) optimize quality of life; and
3 (D) facilitate and support the goals and
4 values of patients and families;
5 (3) materials that explain the role of profes-
6 sionals trained in hospice and palliative care in pro-
7 viding team-based care for patients and families
8 throughout the continuum of care for serious or life-
9 threatening illness; and
10 (4) materials for specific populations, including
11 patients with serious or life-threatening illness who
12 are among medically underserved populations (as de-
13 fined in section 330(b)(3) of the Public Health Serv-
14 ice Act (42 U.S.C. 254b(b)(3)) and families of such
15 patients or health professionals serving medically un-
16 derserved populations.
17 PART 2—PANDEMIC PREPAREDNESS
20 PREVENTION.
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1 pended, for purposes of carrying out activities consistent
2 with subsection (b).
3 (b) USE OF FUNDS.—The Secretary, acting through
4 the Director of the Centers for Disease Control and Pre-
5 vention, shall use amounts made available pursuant to
6 subsection (a) for the following activities:
7 (1) Supporting renovation, improvement, expan-
8 sion, and modernization of State and local public
9 health laboratory infrastructure (as the term ‘‘lab-
10 oratory’’ is defined in section 353 of the Public
11 Health Service Act (42 U.S.C. 263a)), including—
12 (A) the improvement and enhancement of
13 testing and response capacity;
14 (B) improvements and expansion of the
15 Laboratory Response Network for rapid out-
16 break detection;
17 (C) the improvement and expansion of
18 genomic sequencing capabilities to detect
19 emerging diseases and variant strains; and
20 (D) the improvement and expansion of bio-
21 safety and biosecurity capacity.
22 (2) Enhancing the capacity of the laboratories
23 of the Centers for Disease Control and Prevention
24 as described in subparagraphs (A) through (D) of
25 paragraph (1).
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1 (3) Enhancing the ability of the Centers for
2 Disease Control and Prevention to monitor and exer-
3 cise oversight over the biosafety and biosecurity of
4 State and local public health laboratories.
5 SEC. 31022. FUNDING FOR PUBLIC HEALTH AND PRE-
7 COUNTERMEASURE CAPACITY.
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1 technologies and products, medical devices (including
2 personal protective equipment), vials, syringes, nee-
3 dles, and other components or supplies for the Stra-
4 tegic National Stockpile under section 319F–2 of
5 the Public Health Service Act (42 U.S.C. 247d–6b);
6 (2) to support expanded global and domestic
7 vaccine production capacity and capabilities, includ-
8 ing by developing or acquiring new technology and
9 expanding manufacturing capacity through construc-
10 tion, expansion, or modernization of facilities;
11 (3) to support activities to mitigate supply
12 chain risks and enhance supply chain elasticity and
13 resilience for critical drugs, active pharmaceutical in-
14 gredients, and supplies (including essential medi-
15 cines, medical countermeasures, and supplies in
16 shortage or at risk of shortage), drug and vaccine
17 raw materials, and other supplies, as the Secretary
18 determines appropriate, including construction, ex-
19 pansion, or modernization of facilities, adoption of
20 advanced manufacturing processes, and other activi-
21 ties to support domestic manufacturing of such sup-
22 plies;
23 (4) to support activities conducted by the Bio-
24 medical Advanced Research and Development Au-
25 thority for advanced research, standards develop-
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1 ment, and domestic manufacturing capacity for
2 drugs, including essential medicines, diagnostics,
3 vaccines, therapeutics, and personal protective equip-
4 ment; and
5 (5) to support increased biosafety and biosecu-
6 rity in research on infectious diseases, including by
7 modernization or improvement of facilities.
8 SEC. 31023. FUNDING FOR INFRASTRUCTURE MODERNIZA-
10 DRUG ADMINISTRATION.
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1 structure, including through planning for, and the
2 construction, repair, improvement, extension, alter-
3 ation, demolition, and purchase of, fixed equipment
4 or facilities.
5 PART 3—MATERNAL MORTALITY
8 HEALTH.
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1 determinants of maternal health, for pregnant and
2 postpartum individuals and eliminating racial and
3 ethnic disparities in maternal health outcomes by—
4 (A) hiring, training, or retaining staff;
5 (B) developing or distributing culturally
6 and linguistically appropriate resources for so-
7 cial services programs;
8 (C) offering programs and resources to ad-
9 dress social determinants of health;
10 (D) conducting demonstration projects to
11 address social determinants of health;
12 (E) establishing a culturally and linguis-
13 tically appropriate resource center that provides
14 multiple social services programs in a single lo-
15 cation; and
16 (F) consulting with pregnant and
17 postpartum individuals to conduct an assess-
18 ment of the activities conducted under this sec-
19 tion.
20 (2) Promoting evidence-based health literacy
21 and pregnancy, childbirth, and parenting education
22 for pregnant and postpartum individuals, and indi-
23 viduals seeking to become pregnant.
24 (3) Providing support from perinatal health
25 workers, including clinical and community-based
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1 staff members that provide direct care and support
2 services to pregnant and postpartum individuals.
3 (4) Providing culturally congruent, linguistically
4 appropriate, and trauma-informed training to
5 perinatal health workers, including clinical and com-
6 munity-based staff members that provide direct care
7 and support services to pregnant and postpartum in-
8 dividuals.
9 (c) TECHNICAL ASSISTANCE.—Using amounts made
10 available under subsection (a), the Secretary shall—
11 (1) conduct outreach to eligible entities to apply
12 for grants or contracts under subsection (a); and
13 (2) provide technical assistance, including
14 through a grant or contract, to eligible entities re-
15 ceiving funding pursuant to subsection (a).
16 SEC. 31032. FUNDING FOR THE OFFICE OF MINORITY
17 HEALTH.
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1 or with significant racial or ethnic disparities in maternal
2 health outcomes.
3 (b) USE OF FUNDS.—The Secretary, acting through
4 the Deputy Assistant Secretary for Minority Health, shall
5 use amounts made available under subsection (a) to award
6 grants for the following activities:
7 (1) Addressing social determinants of health,
8 including social determinants of maternal health, for
9 pregnant and postpartum individuals and elimi-
10 nating racial and ethnic disparities in maternal
11 health outcomes by—
12 (A) hiring, training, or retaining staff;
13 (B) developing or distributing culturally
14 and linguistically appropriate resources for so-
15 cial services programs;
16 (C) offering programs and resources to ad-
17 dress social determinants of health;
18 (D) conducting demonstration projects to
19 address social determinants of health;
20 (E) establishing a culturally and linguis-
21 tically appropriate resource center that provides
22 multiple social services programs in a single lo-
23 cation; and
24 (F) consulting with pregnant and
25 postpartum individuals to conduct an assess-
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1 ment of the activities conducted under this sec-
2 tion.
3 (2) Promoting evidence-based health literacy
4 and pregnancy, childbirth, and parenting education
5 for pregnant and postpartum individuals, and indi-
6 viduals seeking to become pregnant.
7 (3) Providing support from perinatal health
8 workers, including clinical and community-based
9 staff members that provide direct care and support
10 services to pregnant and postpartum individuals.
11 (4) Providing culturally congruent, linguistically
12 appropriate, and trauma-informed training to
13 perinatal health workers, including clinical and com-
14 munity-based staff members that provide direct care
15 and support services to pregnant and postpartum in-
16 dividuals.
17 (c) TECHNICAL ASSISTANCE.—Using amounts made
18 available under subsection (a), the Secretary shall—
19 (1) conduct outreach to eligible entities to apply
20 for grants or contracts under subsection (a); and
21 (2) provide technical assistance, including
22 through a grant or contract, to eligible entities re-
23 ceiving funding pursuant to subsection (a).
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1 SEC. 31033. FUNDING TO GROW AND DIVERSIFY THE NURS-
3 PERINATAL HEALTH.
619
1 (B) Providing scholarships to students
2 seeking to become clinical nurse specialists
3 whose education includes a focus on maternal
4 and perinatal health.
5 (C) Providing scholarships to students
6 seeking to become certified nurse midwives.
7 (D) Providing scholarships to registered
8 nurses seeking certification as an obstetrics and
9 gynecology registered nurse.
10 (2) SECRETARY.—The Secretary shall use
11 amounts made available pursuant to subsection (a)
12 for the following activities:
13 (A) Developing and implementing strate-
14 gies to recruit and retain a diverse pool of stu-
15 dents seeking to enter careers focused on ma-
16 ternal and perinatal health.
17 (B) Developing partnerships with practice
18 settings in a health professional shortage area
19 designated under such section for the clinical
20 placements of students at the schools receiving
21 such grants.
22 (C) Developing curriculum for students
23 seeking to enter careers focused on maternal
24 and perinatal health that includes training pro-
25 grams on bias, racism, discrimination, providing
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1 culturally competent care, or trauma-informed
2 care.
3 (D) Carrying out other activities under
4 title VIII of the Public Health Service Act for
5 the purpose under subsection (a).
6 SEC. 31034. FUNDING FOR PERINATAL QUALITY
7 COLLABORATIVES.
17 WORKFORCE.
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1 tions, Native Hawaiian organizations, or other appropriate
2 public or private nonprofit entities (or consortia of any
3 such entities, including entities promoting multidisci-
4 plinary approaches), to establish or expand programs to
5 grow and diversify the doula workforce, including through
6 improving the capacity and supply of health care pro-
7 viders.
8 (b) USE OF FUNDS.—Amounts made available by
9 subsection (a) shall be used for the following activities:
10 (1) Establishing programs that provide edu-
11 cation and training to individuals seeking appro-
12 priate training or certification as doulas.
13 (2) Expanding the capacity of existing pro-
14 grams described in paragraph (1), for the purpose of
15 increasing the number of students enrolled in such
16 programs, including by awarding scholarships for
17 students who agree to work in underserved commu-
18 nities after receiving such education and training.
19 (3) Developing and implementing strategies to
20 recruit and retain students from underserved com-
21 munities, particularly from demographic groups ex-
22 periencing high rates of maternal mortality and se-
23 vere maternal morbidity, including racial and ethnic
24 minority groups, into programs described in para-
25 graphs (1) and (2).
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1 SEC. 31036. FUNDING TO GROW AND DIVERSIFY THE MA-
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1 to specialize in maternal mental health conditions or
2 substance use disorders.
3 (2) Expanding the capacity of existing pro-
4 grams described in paragraph (1), for the purposes
5 of increasing the number of students enrolled in
6 such programs, including by awarding scholarships
7 for students.
8 (3) Developing and implementing strategies to
9 recruit and retain students from underserved com-
10 munities into programs described in paragraphs (1)
11 and (2).
12 SEC. 31037. FUNDING FOR MATERNAL MENTAL HEALTH EQ-
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1 schools, or programs determined appropriate by the Sec-
2 retary, or consortia of any such entities, to address mater-
3 nal mental health conditions and substance use disorders
4 with respect to pregnant, lactating, and postpartum indi-
5 viduals in areas with high rates of adverse maternal health
6 outcomes or with significant racial or ethnic disparities in
7 maternal health outcomes.
8 (b) USE OF FUNDS.—Amounts made available pursu-
9 ant to subsection (a), prioritizing community-based orga-
10 nizations, shall be for the following activities:
11 (1) Establishing or expanding maternity care
12 programs to improve—
13 (A) the integration of mental health and
14 substance use disorder treatment services into
15 primary care settings where pregnant individ-
16 uals regularly receive health care services; and
17 (B) the coordination between such primary
18 care settings and mental health and substance
19 use disorder professionals who treat maternal
20 mental health conditions and substance use dis-
21 orders.
22 (2) Establishing or expanding programs that
23 improve maternal mental health and substance use
24 disorder treatment from the preconception through
25 the postpartum periods, with a focus on individuals
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1 from racial and ethnic minority groups with high
2 rates of maternal mortality and morbidity.
3 (3) Establishing or expanding programs to pre-
4 vent suicide or self-harm among pregnant, lactating,
5 and postpartum individuals.
6 (4) Establishing or expanding programs to pro-
7 vide education and training to maternity care pro-
8 viders, with respect to identifying potential warning
9 signs for maternal mental health conditions or sub-
10 stance use disorders in pregnant, lactating, and
11 postpartum individuals, with a focus on individuals
12 from racial and ethnic minority groups and offering
13 referrals to mental health substance use disorder
14 treatment professionals;
15 (5) Carrying out other evidence-based or evi-
16 dence-informed programs to address maternal men-
17 tal health conditions and substance use disorders for
18 pregnant and postpartum individuals from racial
19 and ethnic minority groups.
20 (6) Raising awareness of, and addressing stig-
21 ma associated with, maternal mental health condi-
22 tions and substance use disorders, with a focus on
23 pregnant, lactating, and postpartum individuals
24 from racial and ethnic minority groups.
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1 SEC. 31038. FUNDING FOR EDUCATION AND TRAINING AT
627
1 (2) How health risks associated with climate
2 change affect pregnant, lactating, and postpartum
3 individuals and individuals with the intent to become
4 pregnant.
5 (3) Racial and ethnic disparities in exposure to,
6 and the effects of, health risks associated with cli-
7 mate change for pregnant, lactating, and
8 postpartum individuals and individuals with the in-
9 tent to become pregnant.
10 (4) Patient counseling and mitigation strategies
11 relating to health risks associated with climate
12 change for pregnant, lactating, and postpartum indi-
13 viduals.
14 (5) Relevant services and support for pregnant,
15 lactating, and postpartum individuals relating to
16 health risks associated with climate change and
17 strategies for ensuring such individuals have access
18 to such services and support.
19 (6) Implicit and explicit bias, racism, and dis-
20 crimination in providing care to pregnant, lactating,
21 and postpartum individuals and individuals with the
22 intent to become pregnant.
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1 SEC. 31039. FUNDING FOR MINORITY-SERVING INSTITU-
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1 (2) Assessing the potential causes of relatively
2 low rates of maternal mortality among Hispanic in-
3 dividuals and foreign-born Black women.
4 (3) Assessing differences in rates of adverse
5 maternal health outcomes among subgroups identi-
6 fying as Hispanic.
7 (4) Conducting research on maternal morbidity
8 and mortality, with a focus on health disparities.
9 (c) TECHNICAL ASSISTANCE.—Using amounts made
10 available by subsection (a), the Secretary shall conduct
11 outreach to minority-serving institutions (as described in
12 section 371 of the Higher Education Act of 1965 (20
13 U.S.C. 1067q))—
14 (1) to inform and raise awareness of the avail-
15 ability funding through a grant or contract awarded
16 pursuant to this section;
17 (2) to provide technical assistance, including
18 through a grant or contract, on the application proc-
19 ess for grants or contracts awarded pursuant to sub-
20 section (a); and
21 (3) to promote capacity building to eligible enti-
22 ties for grant applications pursuant to subsection
23 (a).
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1 SEC. 31040. FUNDING FOR IDENTIFICATION OF MATERNITY
3 AREAS.
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1 SEC. 31042. FUNDING FOR THE SURVEILLANCE FOR
3 BIES.
632
1 and their newborns, particularly among patients
2 from racial and ethnic minority groups.
3 (4) Establishing regionally based centers of ex-
4 cellence to offer medical, public health, and other
5 knowledge (in coordination with State and Tribal
6 public health authorities) to ensure that commu-
7 nities, especially communities with large populations
8 of individuals from racial and ethnic minority
9 groups, can help pregnant and postpartum individ-
10 uals and newborns get the care and support they
11 need.
12 SEC. 31043. FUNDING FOR ENHANCING REVIEWS AND SUR-
14 TALITY PROGRAM.
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1 (1) Expanding the Enhancing Reviews and Sur-
2 veillance to Eliminate Maternal Mortality program
3 (commonly known as the ‘‘ERASE MM program’’)
4 of the Centers for Disease Control and Prevention.
5 (2) Expanding partnerships with States, terri-
6 tories, Indian Tribes, and Tribal organizations to
7 support Maternal Mortality Review Committees.
8 (3) Providing technical assistance to existing
9 maternal mortality review committees.
10 SEC. 31044. FUNDING FOR THE PREGNANCY RISK ASSESS-
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1 use of preventive measures among pregnant, labor-
2 ing and birthing, and postpartum individuals.
3 (3) Supporting the transition of the question-
4 naire described in paragraph (1) to an electronic
5 platform and expanding the distribution of the ques-
6 tionnaire to a larger population, with a special focus
7 on reaching underrepresented communities.
8 SEC. 31045. FUNDING FOR THE NATIONAL INSTITUTE OF
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1 SEC. 31046. FUNDING FOR EXPANDING THE USE OF TECH-
636
1 (1) AWARDEES.—A recipient of a grant or con-
2 tract awarded pursuant to subsection (a) shall use
3 such amounts to—
4 (A) train maternal health care providers,
5 students, staff of community-based organiza-
6 tions, and other entities described in subsection
7 (a) through the use and expansion of tech-
8 nology-enabled collaborative learning and capac-
9 ity building models, including hardware and
10 software that—
11 (i) enables distance learning and tech-
12 nical support; and
13 (ii) supports the secure exchange of
14 electronic health information; and
15 (B) conduct evaluations on the use of tech-
16 nology-enabled collaborative learning and capac-
17 ity building models to improve maternal health
18 outcomes.
19 (2) SECRETARY.—The Secretary shall use
20 amounts made available pursuant to subsection (a)
21 to provide technical assistance to recipients of grants
22 awarded pursuant to subsection (a) on the develop-
23 ment, use, and sustainability of technology-enabled
24 collaborative learning and capacity building models
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1 to expand access to maternal health services pro-
2 vided by such entities.
3 SEC. 31047. FUNDING FOR PROMOTING EQUITY IN MATER-
5 TOOLS.
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1 (b) USE OF FUNDS.—Amounts made available to an
2 awardee pursuant to subsection (a) shall be used for the
3 purpose specified in such subsection, including for increas-
4 ing access to telehealth technologies (as defined in section
5 330I of the Public Health Service Act (42 U.S.C. 254c–
6 14)) and digital tools that could improve maternal health
7 outcomes, such as wearable technologies, patient portals,
8 telehealth services, and web-based and mobile phone appli-
9 cations, digital health services, secure text messaging, on-
10 line provider communities, mobile clinical decision support
11 services, and clinical tools to increase diagnostic accuracy.
12 (c) TECHNICAL ASSISTANCE.—Using amounts made
13 available under subsection (a), the Secretary shall provide
14 technical assistance, including through a grant or con-
15 tract, to eligible entities receiving funding pursuant to
16 subsection (a) on the development, use, evaluation, and
17 post-grant sustainability of digital tools designed to pro-
18 mote equity and reduce disparities in maternal health out-
19 comes.
20 SEC. 31048. FUNDING FOR ANTIDISCRIMINATION AND BIAS
21 TRAINING.
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1 appropriated, $50,000,000, to remain available until ex-
2 pended, for the purpose described in subsection (b).
3 (b) USE OF FUNDS.—The Secretary shall, with a
4 focus on maternal health providers, use amounts appro-
5 priated under subsection (a) to carry out a program to
6 award competitive grants or contracts to national non-
7 profit organizations focused on improving health equity,
8 accredited schools of medicine or nursing, and other health
9 professional training programs to develop, disseminate, re-
10 view, research, and evaluate training for health profes-
11 sionals and all staff who interact with patients to reduce
12 discrimination and bias in the provision of health care,
13 with a focus on maternal health care.
14 PART 4—OTHER PUBLIC HEALTH INVESTMENTS
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1 SEC. 31052. FUNDING TO SUPPORT PEER RECOVERY SPE-
2 CIALISTS.
20 VENTION LIFELINE.
641
1 Health Service Act (42 U.S.C. 290bb–36c) in order to ex-
2 pand existing capabilities for response in a manner that
3 avoids duplicating existing capabilities for text-based crisis
4 support.
5 SEC. 31055. FUNDING FOR COMMUNITY VIOLENCE AND
6 TRAUMA INTERVENTIONS.
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1 (1) awarding competitive grants or contracts to
2 local governmental entities, States, territories, In-
3 dian Tribes and Tribal organizations, Urban Indian
4 organizations, hospitals and community health cen-
5 ters, nonprofit community-based organizations, cul-
6 turally specific organizations, victim services pro-
7 viders, or other entities as determined by the Sec-
8 retary (or consortia of such entities) to support evi-
9 dence-informed, culturally competent, and develop-
10 mentally appropriate strategies to reduce community
11 violence, including outreach and conflict mediation,
12 hospital-based violence intervention, violence inter-
13 ruption, and services for victims and individuals and
14 communities at risk for experiencing violence, such
15 as trauma-informed mental health care and coun-
16 seling, social-emotional learning and school-based
17 mental health services, workforce development serv-
18 ices, and other services that prevent or mitigate the
19 impact of trauma, build appropriate skills, or pro-
20 mote resilience; and
21 (2) supporting training, technical assistance, re-
22 search, evaluation, surveillance systems, data collec-
23 tion, and coordination among relevant stakeholders,
24 to facilitate support for strategies to reduce commu-
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1 nity violence and ensure safe and healthy commu-
2 nities.
3 (c) SUPPLEMENT NOT SUPPLANT.—Amounts appro-
4 priated under this section shall be used to supplement and
5 not supplant any Federal, State, or local funding other-
6 wise made available for the purposes described in this sec-
7 tion.
8 (d) EXPENDITURE REQUIREMENT.—All expenditures
9 made pursuant to subsection (a) shall be made on or be-
10 fore September 30, 2031.
11 SEC. 31056. FUNDING FOR THE NATIONAL CHILD TRAU-
22 PROGRAMS.
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1 $75,000,000, to remain available until expended, for nec-
2 essary expenses for modifications to existing contracts,
3 and supplements to existing grants and cooperative agree-
4 ments under parts A, B, C, and D of title XXVI of the
5 Public Health Service Act and section 2692(a) of such Act
6 (42 U.S.C. 300ff–111(a)).
7 SEC. 31058. FUNDING FOR CLINICAL SERVICES DEM-
8 ONSTRATION PROJECT.
20 CARE PROGRAM.
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1 SEC. 31060. FUNDING TO INCREASE RESEARCH CAPACITY
2 AT CERTAIN INSTITUTIONS.
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1 (4) support and expand the activities of the Sci-
2 entific Workforce Diversity Office of the National
3 Institutes of Health.
4 SEC. 31061. FUNDING FOR RESEARCH RELATED TO DEVEL-
5 OPMENTAL DELAYS.
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1 ment and not supplant other Federal, State, and local
2 public funds expended to conduct or support research re-
3 lated to developmental delays, including speech and lan-
4 guage delays, in infants, toddlers, and children.
5 SEC. 31062. SUPPLEMENTAL FUNDING FOR THE WORLD
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1 of such Administrator for carrying out any provision in
2 this title, including sections 3303 and 3341(c).
3 ‘‘(d) RETURN OF FUNDS.—Any amounts that remain
4 in the Supplemental Fund on September 30, 2031, shall
5 be deposited into the Treasury as miscellaneous receipts.’’.
6 (b) CONFORMING AMENDMENTS.—Title XXXIII of
7 the Public Health Service Act is amended—
8 (1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C.
9 300mm–21(a)(4)(B)(i)(II)), by striking ‘‘section
10 3351’’ and inserting ‘‘sections 3351 and 3352’’;
11 (2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C.
12 300mm–31(a)(3)(B)(i)(II)), by striking ‘‘section
13 3351’’ and inserting ‘‘sections 3351 and 3352’’;
14 (3) in section 3331 (42 U.S.C. 300mm–41)—
15 (A) in subsection (a), by inserting ‘‘and
16 the World Trade Center Health Program Sup-
17 plemental Fund’’ before the period at the end;
18 and
19 (B) in subsection (d)—
20 (i) in paragraph (1)(B), by inserting
21 ‘‘(excluding any expenditures from
22 amounts in the World Trade Center
23 Health Program Supplemental Fund under
24 section 3352)’’ before the period at the
25 end; and
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1 (ii) in paragraph (2), in the flush text
2 following subparagraph (C), by inserting
3 ‘‘(excluding any expenditures from
4 amounts in the World Trade Center
5 Health Program Supplemental Fund under
6 section 3352)’’ before the period at the
7 end; and
8 (4) in section 3351(b) (42 U.S.C. 300mm–
9 61(b))—
10 (A) in paragraph (2), by inserting ‘‘or as
11 available from the World Trade Center Health
12 Program Supplemental Fund under section
13 3352’’ before the period at the end; and
14 (B) in paragraph (3), by inserting ‘‘or as
15 available from the World Trade Center Health
16 Program Supplemental Fund under section
17 3352’’ before the period at the end.
18 PART 5—NATIVE HAWAIIAN PROVISIONS
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1 grants to, or enter into contracts with, Papa Ola Lokahi
2 to support services described in section 6(c) of the Native
3 Hawaiian Health Care Improvement Act (42 U.S.C.
4 11705(c)) in accordance with this section.
5 (b) USE OF FUNDS.—Amounts made available to an
6 awardee pursuant to subsection (a) shall be used for—
7 (1) the purchase, construction, alteration, ren-
8 ovation, or equipping of health facilities;
9 (2) maintenance and improvement projects;
10 (3) information technology, telehealth infra-
11 structure, electric health records systems, and med-
12 ical equipment; and
13 (4) awarding grants to, or entering into con-
14 tracts with, Native Hawaiian health care systems
15 (directly, or through subgrants or subcontracts) to
16 support services described in section 6(c) of the Na-
17 tive Hawaiian Health Care Improvement Act (42
18 U.S.C. 11705(c)), on the condition that such grants
19 or contracts may only be used for the purposes and
20 uses described in paragraphs (1) through (3).
21 (c) WAIVER OF CERTAIN RESTRICTIONS.—Sub-
22 sections (e) and (f)(4) of section 6 of the Native Hawaiian
23 Health Care Improvement Act (42 U.S.C. 11705(e),
24 11705(f)(4)) shall not apply to grants (or subgrants)
25 made using amounts made available under subsection (a).
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1 (d) DEFINITIONS.—In this section:
2 (1) NATIVE HAWAIIAN HEALTH CARE SYS-
12 GRANTS.
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1 (b) DEFINITION OF ELIGIBLE NATIVE HAWAIIAN
2 ENTITY.—In this section, the term ‘‘eligible Native Ha-
3 waiian entity’’ means—
4 (1) Papa Ola Lokahi (as defined in section 12
5 of the Native Hawaiian Health Care Improvement
6 Act (42 U.S.C. 11711));
7 (2) a Native Hawaiian health care system (as
8 defined in section 12 of that Act (42 U.S.C.
9 11711));
10 (3) a Native Hawaiian organization (as defined
11 in section 12 of that Act (42 U.S.C. 11711));
12 (4) a consortium of 2 or more entities described
13 in paragraphs (1) through (3); and
14 (5) a consortium that contains at least 1 entity
15 described in any of paragraphs (1) through (3).
16 SEC. 31073. NATIVE HAWAIIAN HEALTH CARE SYSTEMS LI-
17 ABILITY COVERAGE.
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1 11705) to the same extent as section 102(d) of the
2 Indian Self-Determination and Education Assistance
3 Act (25 U.S.C. 5321(d)) applies to an Indian Tribe,
4 a Tribal organization, and an Indian contractor that
5 carries out a contract, grant agreement, or coopera-
6 tive agreement, as applicable, under section 102 or
7 103 of that Act (25 U.S.C. 5321, 5322); and
8 (2) the employees of a Native Hawaiian health
9 care system that receives a grant from or enters into
10 a contract with the Secretary under section 6 of the
11 Native Hawaiian Health Care Improvement Act (42
12 U.S.C. 11705) to the same extent as section 102(d)
13 of the Indian Self-Determination and Education As-
14 sistance Act (25 U.S.C. 5321(d)) applies to the em-
15 ployees of an Indian Tribe, a Tribal organization, or
16 an Indian contractor that carries out a contract,
17 grant agreement, or cooperative agreement, as appli-
18 cable, under section 102 or 103 of that Act (25
19 U.S.C. 5321, 5322).
20 (b) EFFECTIVE DATE.—For purposes of subsection
21 (a), each reference to December 22, 1987, and the ref-
22 erence to the date of enactment of the Indian Self-Deter-
23 mination and Education Assistance Act Amendments of
24 1990 contained in section 102(d) of the Indian Self-Deter-
25 mination and Education Assistance Act (25 U.S.C.
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1 5321(d)) shall be deemed to be a reference to the date
2 of enactment of this section.
3 (c) SUNSET.—This section shall cease to have force
4 or effect on October 1, 2031.
5 Subtitle J—Next Generation 9–1–1
6 SEC. 31101. DEPLOYMENT OF NEXT GENERATION 9–1–1.
7 (a) APPROPRIATION.—
8 (1) IN GENERAL.—In addition to amounts oth-
9 erwise available, there is appropriated to the Assist-
10 ant Secretary for fiscal year 2022, out of any money
11 in the Treasury not otherwise appropriated,
12 $470,000,000, to remain available until September
13 30, 2030, to make grants to eligible entities for im-
14 plementing and maintaining Next Generation 9–1–1
15 in accordance with subsection (b).
16 (2) ADMINISTRATIVE EXPENSES.—In addition
17 to amounts otherwise available, there is appropriated
18 to the Assistant Secretary for fiscal year 2022, out
19 of any money in the Treasury not otherwise appro-
20 priated, $20,000,000, to remain available until Sep-
21 tember 30, 2030, to administer this section.
22 (b) USE OF FUNDS.—An eligible entity may use
23 grant funds received under this section for—
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1 (1) reasonable costs associated with planning,
2 implementation, and development activities, includ-
3 ing such activities related to the grant application;
4 (2) deployment, operation, and maintenance of
5 interoperable and reliable Next Generation 9–1–1,
6 including ensuring the cybersecurity of Next Genera-
7 tion 9–1–1; and
8 (3) training of personnel related to Next Gen-
9 eration 9–1–1.
10 (c) CLAWBACK.—The Assistant Secretary shall re-
11 cover some or all of the grant funds made available to
12 an eligible entity under this section if—
13 (1) the eligible entity uses the funds for any
14 other purpose than those set forth in subsection (b);
15 (2) the eligible entity fails to establish a fund-
16 ing mechanism for Next Generation 9–1–1 sufficient
17 to cover operations, maintenance, and upgrade costs
18 within 3 years of the establishment of the grant pro-
19 gram;
20 (3) the eligible entity engages in the diversion
21 of any 9–1–1 fee or charge imposed by the eligible
22 entity; or
23 (4) the eligible entity uses funds to purchase,
24 rent, lease, or otherwise obtain covered communica-
25 tions equipment or services (as defined in section 9
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1 of the Secure and Trusted Communications Net-
2 works Act of 2019 (47 U.S.C. 1608)).
3 SEC. 31102. ESTABLISHMENT OF NEXT GENERATION 9–1–1
4 CYBERSECURITY CENTER.
17 SORY BOARD.
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1 with the necessary technical expertise, to provide rec-
2 ommendations to the Assistant Secretary with respect to
3 carrying out the duties and responsibilities of the Assist-
4 ant Secretary related to Next Generation 9–1–1, including
5 with respect to the grant program established under sec-
6 tion 31101.
7 SEC. 31104. DEFINITIONS.
8 In this subtitle:
9 (1) 9–1–1 FEE OR CHARGE.—The term ‘‘9–1–
10 1 fee or charge’’ has the meaning given the term in
11 section 6(f)(3)(D) of the Wireless Communications
12 and Public Safety Act of 1999 (47 U.S.C. 615a–
13 1(f)(3)(D)).
14 (2) ASSISTANT SECRETARY.—The term ‘‘Assist-
15 ant Secretary’’ means the Assistant Secretary of
16 Commerce for Communications and Information.
17 (3) COMMONLY ACCEPTED STANDARDS.—The
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1 and data) and share such requests with other
2 emergency communications centers and emer-
3 gency response providers without the need for
4 proprietary interfaces and regardless of juris-
5 diction, equipment, device, software, service
6 provider, or any other factor; and
7 (B) are developed and approved by a
8 standards development organization that is ac-
9 credited by a United States or international
10 standards body through a process—
11 (i) that is consensus-based and open
12 for participation, provides conflict resolu-
13 tion, and invites comment; and
14 (ii) through which standards are made
15 publicly available once approved.
16 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
17 ty’’ means a State or a Tribal organization that
18 has—
19 (A) named a single point of contact to co-
20 ordinate the implementation of Next Generation
21 9–1–1; and
22 (B) developed and submitted a plan for the
23 coordination and implementation of Next Gen-
24 eration 9–1–1 consistent with any requirements
25 of the Assistant Secretary.
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1 (5) NEXT GENERATION 9–1–1.—The term
2 ‘‘Next Generation 9–1–1’’ means an interoperable,
3 secure, Internet Protocol-based system that—
4 (A) employs commonly accepted standards;
5 (B) enables emergency communications
6 centers to receive, process, and analyze all types
7 of 9–1–1 requests for emergency assistance;
8 (C) acquires and integrates additional in-
9 formation useful to handling 9–1–1 requests for
10 emergency assistance;
11 (D) supports sharing information related
12 to 9–1–1 requests for emergency assistance
13 among emergency communications centers and
14 emergency response providers without the need
15 for proprietary interfaces and regardless of ju-
16 risdiction, equipment, device, software, service
17 provider, or any other factor; and
18 (E) ensures reliability by enabling ongoing
19 operation, including through the use of geo-di-
20 verse device and network agnostic elements that
21 provide more than 1 physical route between end
22 points with no common points where a single
23 failure at that point would cause the operation
24 of Next Generation 9–1–1 to fail.
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1 (6) STATE.—The term ‘‘State’’ means any
2 State of the United States, the District of Columbia,
3 Puerto Rico, American Samoa, Guam, the United
4 States Virgin Islands, the Northern Mariana Is-
5 lands, and any other territory or possession of the
6 United States.
7 Subtitle K—Other Matters Related
8 to Connectivity
9 SEC. 31201. OUTREACH.
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1 in coordination with the Committee on Commerce,
2 Science, and Transportation of the Senate, the Committee
3 on Energy and Commerce of the House of Representa-
4 tives, the Deputy Secretary of Commerce, the Assistant
5 Secretary of Commerce for Communications and Informa-
6 tion, the Under Secretary of Commerce for Standards and
7 Technology, the Chair of the Federal Communications
8 Commission, the Director of the National Science Founda-
9 tion, the Majority Leader of the Senate, and the Speaker
10 of the House of Representatives, to be known as the ‘‘Fu-
11 ture of Telecommunications Council’’, to advise Congress
12 on the development and adoption of 6G and other ad-
13 vanced wireless communications technologies, including
14 ensuring equity in access to those technologies for commu-
15 nities of color and rural communities.
16 SEC. 31203. AFFORDABILITY.
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1 ice being delivered through a broadband network
2 that can easily scale speeds over time to—
3 (A) meet the evolving connectivity needs of
4 households and businesses; and
5 (B) support the deployment of 5G, suc-
6 cessor wireless technologies, and other advanced
7 services.
8 (3) COVERED PUBLIC-PRIVATE PARTNER-
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1 (1) PILOT PROJECTS.—In addition to amounts
2 otherwise available, there is appropriated to the Na-
3 tional Telecommunications and Information Admin-
4 istration for fiscal year 2022, out of any money in
5 the Treasury not otherwise appropriated,
6 $295,000,000, to remain available until September
7 30, 2031, for grants to covered public-private part-
8 nerships for pilot projects to increase access to af-
9 fordable covered broadband service in urban commu-
10 nities, including communities of color and for low-
11 and middle-income consumers, through long-term so-
12 lutions for such affordability.
13 (2) ADVISORY COMMITTEE.—In addition to
14 amounts otherwise available, there is appropriated to
15 the National Telecommunications and Information
16 Administration for fiscal year 2022, out of any
17 money in the Treasury not otherwise appropriated,
18 $5,000,000, to remain available until September 30,
19 2031, to establish an advisory committee of 12
20 members consisting of experts on broadband afford-
21 ability from diverse backgrounds, to be known as the
22 ‘‘Affordable Urban and Suburban Broadband Advi-
23 sory Committee’’, to advise the National Tele-
24 communications and Information Administration,
25 the Federal Communications Commission, and Con-
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1 gress on ways to make broadband more affordable
2 for urban and suburban broadband subscribers, in-
3 cluding for communities of color and low- and mid-
4 dle-income consumers, through long-term solutions
5 for such affordability.
6 SEC. 31204. ACCESS TO DEVICES.
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1 (4) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible
2 household’’ means a household in which—
3 (A) at least one member of the household
4 meets the qualifications for the Lifeline pro-
5 gram of the Federal Communications Commis-
6 sion, except that a household shall be deemed to
7 meet the income component of those qualifica-
8 tions if the household’s income is at or below
9 200 percent of the Federal Poverty Guidelines
10 for a household of that size;
11 (B) at least one member of the household
12 has applied for and been approved to receive
13 benefits under the free and reduced price lunch
14 program or the school breakfast program;
15 (C) at least one member of the household
16 has received a Federal Pell Grant in the current
17 award year, if such award is verifiable through
18 the National Verifier or National Lifeline Ac-
19 countability Database or a connected device dis-
20 tribution program verifies eligibility; or
21 (D) at least one member of the household
22 receives assistance through the special supple-
23 mental nutritional program for women, infants,
24 and children.
25 (b) CONNECTED DEVICE GRANT PROGRAM.—
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1 (1) APPROPRIATIONS.—
2 (A) IN GENERAL.—In addition to amounts
3 otherwise available, there is appropriated to the
4 Assistant Secretary for fiscal year 2022, out of
5 any money in the Treasury not otherwise ap-
6 propriated, $475,000,000, to remain available
7 until September 30, 2031, for the awarding of
8 grants to connected device distribution pro-
9 grams in accordance with this section.
10 (B) ADMINISTRATION.—In addition to
11 amounts otherwise available, there is appro-
12 priated to the Assistant Secretary for fiscal
13 year 2022, out of any money in the Treasury
14 not otherwise appropriated, $20,000,000, to re-
15 main available until September 30, 2031, to ad-
16 minister this section, including providing tech-
17 nical assistance to a connected device distribu-
18 tion program.
19 (C) OUTREACH.—In addition to amounts
20 otherwise available, there is appropriated to the
21 Assistant Secretary for fiscal year 2022, out of
22 any money in the Treasury not otherwise ap-
23 propriated, $5,000,000, to remain available
24 until September 30, 2031, to conduct outreach
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1 related to the availability of grants under this
2 section.
3 (2) USE OF FUNDS.—
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1 mitted under this section or is found to have other-
2 wise violated a requirement under this section, the
3 Assistant Secretary shall recover from the program
4 some or all of the grant funds awarded to the pro-
5 gram.
6 Subtitle L—Distance Learning
7 SEC. 31301. ADDITIONAL SUPPORT FOR DISTANCE LEARN-
8 ING.
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1 or otherwise obtain any covered communications equip-
2 ment or service (as defined in section 9 of the Secure and
3 Trusted Communications Networks Act of 2019 (47
4 U.S.C. 1608)).
5 Subtitle M—Manufacturing Supply
6 Chain and Tourism
7 SEC. 31401. MANUFACTURING SUPPLY CHAIN RESILIENCE.
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1 SEC. 31402. DESTINATION MARKETING ORGANIZATION
3 TIC TRAVEL.
671
1 administrative costs associated with providing grants
2 under subsection (a).
3 (c) DATA ON DOMESTIC TRAVEL AND TOURISM.—
4 In addition to amounts otherwise available, there is appro-
5 priated for fiscal year 2022, out of any money in the
6 Treasury not otherwise appropriated, $1,000,000, to re-
7 main available until September 30, 2027, to the Secretary
8 of Commerce to collect data on domestic travel and tour-
9 ism in the United States, including the impact of the
10 COVID–19 pandemic on domestic travel and tourism.
11 Subtitle N—FTC Privacy
12 Enforcement
13 SEC. 31501. FEDERAL TRADE COMMISSION FUNDING FOR A
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1 Subtitle O—Department of
2 Commerce Inspector General
3 SEC. 31601. FUNDING FOR THE OFFICE OF INSPECTOR GEN-
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1 section 9(d) of the United States Housing Act of
2 1937 (42 U.S.C. 1437g(d)) pursuant to the same
3 formula as in fiscal year 2021, to be made available
4 within 60 days of the date of the enactment of this
5 Act;
6 (2) $53,000,000,000, to remain available until
7 September 30, 2026, for eligible activities under sec-
8 tion 9(d)(1) of the United States Housing Act of
9 1937 (42 U.S.C. 1437g(d)(1)) for priority invest-
10 ments as determined by the Secretary to repair, re-
11 place, or construct properties assisted under such
12 section 9;
13 (3) $1,200,000,000, to remain available until
14 September 30, 2026, for competitive grants under
15 section 24 of the United States Housing Act of 1937
16 (42 U.S.C. 1437v) (in this section referred to as
17 ‘‘section 24’’), under the terms and conditions in
18 subsection (b), for transformation, rehabilitation,
19 and replacement housing needs of public and as-
20 sisted housing, and to transform neighborhoods of
21 poverty into functioning, sustainable mixed-income
22 neighborhoods;
23 (4) $750,000,000, to remain available until
24 September 30, 2031, for the costs to the Secretary
25 of administering and overseeing the implementation
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1 of this section and the Public Housing Capital Fund
2 and the section 24 grant program generally, includ-
3 ing information technology, financial reporting, re-
4 search and evaluation, other cross-program costs in
5 support of programs administered by the Secretary
6 in this title, and other costs; and
7 (5) $50,000,000, to remain available until Sep-
8 tember 30, 2031, to make new awards or increase
9 prior awards to existing technical assistance pro-
10 viders to provide an increase in capacity building
11 and technical assistance available to entities eligible
12 for funding for activities or projects consistent with
13 this section.
14 (b) TERMS AND CONDITIONS FOR SECTION 24
15 GRANTS.—Grants awarded under subsection (a)(3) shall
16 be subject to terms and conditions determined by the Sec-
17 retary, which shall include the following:
18 (1) USE.—Grant funds may be used for resi-
19 dent and community services, community develop-
20 ment and revitalization, and affordable housing
21 needs in the community.
22 (2) APPLICANTS.—Eligible recipients of grants
23 shall include lead applicants and joint applicants, as
24 follows:
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1 (A) LEAD APPLICANTS.—A lead applicant
2 shall be a local government, a public housing
3 agency, or an owner of an assisted housing
4 property.
5 (B) JOINT APPLICANTS.—A nonprofit or-
6 ganization or a for-profit developer may apply
7 jointly as a joint applicant with such public en-
8 tities specified in subparagraph (A).
9 (3) PERIOD OF AFFORDABILITY.—Grantees
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1 be housing for which the owner of the project shall
2 record an affordability use restriction approved by
3 the Secretary for households earning up to 120 per-
4 cent of the area median income and is subject to the
5 period of affordability under paragraph (3) of this
6 subsection.
7 (c) OTHER TERMS AND CONDITIONS.—Grants
8 awarded under this section shall be subject to the fol-
9 lowing terms and conditions:
10 (1) LIMITATION.—Amounts provided pursuant
11 to this section may not be used for operating costs
12 or rental assistance.
13 (2) DEVELOPMENT OF NEW UNITS.—Paragraph
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1 or climate and disaster resilience in housing assisted
2 under this section.
3 (5) RECAPTURE.—If the Secretary recaptures
4 funding allocated by formula from a public housing
5 agency under subsection (a)(1), such recaptured
6 amounts shall be added to the amounts available
7 under subsection (a)(2), and shall be obligated by
8 the Secretary prior to the expiration of such funds.
9 (6) SUPPLEMENTATION OF FUNDS.—The Sec-
10 retary shall ensure that amounts provided pursuant
11 to this section shall serve to supplement and not
12 supplant other amounts generated by a recipient of
13 such amounts or amounts provided by other Federal,
14 State, or local sources.
15 (7) WAIVERS AND ALTERNATIVE REQUIRE-
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1 native requirement is necessary to facilitate the use
2 of amounts made available under this section.
3 (d) IMPLEMENTATION.—The Secretary shall have au-
4 thority to issue such regulations or notices, or other guid-
5 ance, forms, instructions, and publications to carry out the
6 programs, projects, or activities authorized under this sec-
7 tion to ensure that such programs, projects, or activities
8 are completed in a timely and effective manner.
9 SEC. 40002. INVESTMENTS IN AFFORDABLE AND ACCES-
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1 (2) $14,925,000,000, to remain available until
2 September 30, 2026, for activities and assistance for
3 the HOME Investment Partnerships Program, as
4 authorized under sections 201 through 253 and 255
5 through 290 of the Cranston-Gonzalez National Af-
6 fordable Housing Act (42 U.S.C. 12721-12753, 42
7 U.S.C. 12755-12840), subject to the terms and con-
8 ditions in paragraphs (1)(B) and (2) of subsection
9 (b);
10 (3) $50,000,000, to remain available until Sep-
11 tember 30, 2031, to make new awards or increase
12 prior awards to existing technical assistance pro-
13 viders to provide an increase in capacity building
14 and technical assistance available to any grantees
15 implementing activities or projects consistent with
16 this section; and
17 (4) $100,000,000, to remain available until
18 September 30, 2031, for the costs to the Secretary
19 of administering and overseeing the implementation
20 of this section and the HOME and Housing Trust
21 Fund programs generally, including information
22 technology, financial reporting, research and evalua-
23 tions, and other cross-program costs in support of
24 programs administered by the Secretary in this title,
25 and other costs.
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1 (b) TERMS AND CONDITIONS.—
2 (1) FORMULAS.—
3 (A) The Secretary shall allocate amounts
4 made available under subsection (a)(1) pursu-
5 ant to section 217 of NAHA (42 U.S.C. 12747)
6 to grantees that received allocations pursuant
7 to that same formula in fiscal year 2021 and
8 shall make such allocations within 60 days of
9 the enactment of this Act.
10 (B) The Secretary shall allocate amounts
11 made available under subsection (a)(2) pursu-
12 ant to the formula specified in section
13 1338(c)(3) of the Federal Housing Enterprises
14 Financial Safety and Soundness Act of 1992
15 (12 U.S.C. 4568(c)(3)) to grantees that re-
16 ceived Housing Trust Fund allocations pursu-
17 ant to that same formula in fiscal year 2021
18 and shall make such allocations within 60 days
19 of the date of the enactment of this Act.
20 (2) ELIGIBLE ACTIVITIES.—Other than as pro-
21 vided in paragraph (5) of this subsection, funds
22 made available under subsection (a)(2) may only be
23 used for eligible activities described in subpara-
24 graphs (A) through (B)(i) of section 1338(c)(7) of
25 the Federal Housing Enterprises Financial Safety
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1 and Soundness Act of 1992 (12 U.S.C. 4568(c)(7)),
2 except that not more than 10 percent of funds made
3 available may be used for activities under such sub-
4 paragraph (B)(i).
5 (3) FUNDING RESTRICTIONS.—The commit-
6 ment requirements in section 218(g) (42 U.S.C.
7 12748(g)) of NAHA, the matching requirements in
8 section 220 (42 U.S.C. 12750) of NAHA, and the
9 set-aside for housing developed, sponsored, or owned
10 by community housing development organizations re-
11 quired in section 231 of NAHA (42 U.S.C. 12771)
12 shall not apply for amounts made available under
13 this section.
14 (4) REALLOCATION.—For funds provided under
15 paragraphs (1) and (2) of subsection (a), the Sec-
16 retary may recapture certain amounts remaining
17 available to a grantee under this section or amounts
18 declined by a grantee, and reallocate such amounts
19 to other grantees under that paragraph to ensure
20 fund expenditure, geographic diversity, and avail-
21 ability of funding to communities within the State
22 from which the funds have been recaptured.
23 (5) ADMINISTRATION.— Notwithstanding sub-
24 sections (c) and (d)(1) of section 212 of NAHA (42
25 U.S.C. 12742), grantees may use not more than 15
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1 percent of their allocations under this section for ad-
2 ministrative and planning costs.
3 (c) WAIVERS.—The Secretary may waive or specify
4 alternative requirements for any provision of subsection
5 (a)(1) or (a)(2) or regulation for the administration of the
6 amounts made available under this section other than re-
7 quirements related to tenant rights and protections, fair
8 housing, nondiscrimination, labor standards, and the envi-
9 ronment, upon a finding that the waiver or alternative re-
10 quirement is necessary to facilitate the use of amounts
11 made available under this section.
12 (d) IMPLEMENTATION.—The Secretary shall have au-
13 thority to issue such regulations, notices, or other guid-
14 ance, forms, instructions, and publications to carry out the
15 programs, projects, or activities authorized under this sec-
16 tion to ensure that such programs, projects, or activities
17 are completed in a timely and effective manner.
18 SEC. 40003. HOUSING INVESTMENT FUND.
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1 Development Financial Institutions Fund (in this
2 section referred to as the ‘‘CDFI Fund’’) to make
3 grants to increase investment in the development,
4 preservation, rehabilitation, financing, or purchase
5 of affordable housing primarily for low-, very-low,
6 and extremely low-income families who are renters,
7 and for homeowners with incomes up to 120 percent
8 of the area median income, and for economic devel-
9 opment and community facilities related to such
10 housing and to further fair housing; and
11 (2) $50,000,000 for the costs to the CDFI
12 Fund of administering and overseeing the implemen-
13 tation of this section, including information tech-
14 nology, financial reporting, research and evaluations,
15 and other costs.
16 (b) ELIGIBLE GRANTEES.—A grant under this sec-
17 tion may be made, pursuant to such requirements as the
18 CDFI Fund shall establish, only to—
19 (1) a CDFI Fund certified community develop-
20 ment financial institution, as such term is defined in
21 section 103 of the Riegle Community Development
22 and Regulatory Improvement Act of 1994 (12
23 U.S.C. 4702);
24 (2) a nonprofit organization having as one of its
25 principal purposes the creation, development, or
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1 preservation of affordable housing and that is not
2 found to be out of compliance with the obligation to
3 affirmatively further fair housing, as applicable, in-
4 cluding a subsidiary of a public housing authority;
5 or
6 (3) a consortium comprised of certified commu-
7 nity development financial institutions, eligible non-
8 profit housing organizations, or a combination of
9 both.
10 (c) ELIGIBLE USES.—Eligible uses for grant
11 amounts awarded from the Housing Investment Fund
12 pursuant to this section shall—
13 (1) be reasonably expected to result in eligible
14 affordable housing activities that support or sustain
15 affordable housing funded by a grant under this sec-
16 tion and capital from other public and private
17 sources; and
18 (2) include activities—
19 (A) to capitalize an acquisition fund to ac-
20 quire residential, industrial, or commercial
21 property and land for the purpose of the preser-
22 vation, development, or rehabilitation of afford-
23 able housing, including to support the creation,
24 preservation, or rehabilitation of resident-owned
25 manufactured housing communities;
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1 (B) to capitalize an affordable housing
2 fund, for development, preservation, rehabilita-
3 tion, or financing of affordable housing and eco-
4 nomic development activities, including commu-
5 nity facilities, if part of a mixed-use project, or
6 activities described in this paragraph related to
7 transit-oriented development, which may also be
8 designated as a focus of such a fund; and
9 (C) to capitalize an affordable housing
10 mortgage fund, to facilitate the origination of
11 mortgages to buyers that may experience sig-
12 nificant barriers to accessing affordable mort-
13 gage credit, including mortgages having low
14 original principal obligations;
15 (D) for risk-sharing loans;
16 (E) to provide loan guarantees; and
17 (F) to fund rental housing operations.
18 (d) IMPLEMENTATION.—The CDFI Fund shall have
19 the authority to issue such regulations, notice, or other
20 guidance, forms, instructions, and publications to carry
21 out the programs, projects, or activities authorized under
22 this section to ensure that such programs, projects, or ac-
23 tivities are completed in a timely and effective manner.
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1 SEC. 40004. SECTION 811 SUPPORTIVE HOUSING FOR PEO-
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1 authorized under section 811(b)(3) of the Act, for
2 State housing finance agencies;
3 (2) $7,500,000 for providing technical assist-
4 ance to support State-level efforts to integrate hous-
5 ing assistance and voluntary supportive services for
6 residents of housing receiving such assistance, which
7 funding may also be used to provide technical assist-
8 ance to applicants and potential applicants to under-
9 stand program requirements and develop effective
10 applications, and the Secretary may use amounts
11 made available under this paragraph to increase
12 prior awards to existing technical assistance pro-
13 viders to provide an immediate increase in capacity
14 building and technical assistance; and
15 (3) $42,500,000 for the costs to the Secretary
16 of administering and overseeing the implementation
17 of this section and the Supportive Housing for Per-
18 sons with Disabilities program generally, including
19 information technology, financial reporting, research
20 and evaluations, other cross-program costs in sup-
21 port of programs administered by the Secretary in
22 this title, and other costs.
23 Amounts appropriated by this section shall remain avail-
24 able until September 30, 2031.
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1 (b) LIMITATIONS ON COSTS.—When awarding grants
2 under paragraph (1) of subsection (a), the Secretary shall
3 establish and assess reasonable development cost limita-
4 tions by market area for various types and sizes of sup-
5 portive housing for persons with disabilities. The Sec-
6 retary shall not count owner or sponsor contributions of
7 other funding or assistance against the overall cost of a
8 project.
9 (c) OCCUPANCY STANDARDS.—The owner or sponsor
10 of housing assisted with funds provided under this section
11 may, with the approval of the Secretary, limit occupancy
12 with the housing to persons with disabilities who can ben-
13 efit from the supportive services offered in connection with
14 the housing.
15 (d) WAIVERS.—The Secretary may waive or specify
16 alternative requirements for subsection (c) or (bb) of sec-
17 tion 8 of the United States Housing Act of 1937 (42
18 U.S.C. 1437f (c), 1437f(bb)) upon a finding that the waiv-
19 er or alternative requirement is necessary to facilitate the
20 use of amounts made available under this section.
21 (e) IMPLEMENTATION.—The Secretary shall have au-
22 thority to issue such regulations, notices, or other guid-
23 ance, forms, instructions, and publications to carry out the
24 programs, projects, or activities authorized under this sec-
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1 tion to ensure that such programs, projects, or activities
2 are completed in a timely and effective manner.
3 SEC. 40005. SECTION 202 SUPPORTIVE HOUSING FOR THE
4 ELDERLY PROGRAM.
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1 this section, with the Secretary setting the
2 terms of such project-based rental assistance
3 contracts, including the duration and provisions
4 regarding rent setting and rent adjustment, to
5 support the capital advance projects funded
6 under this section; and
7 (C) for service coordinators;
8 (2) $7,500,000, to provide technical assistance
9 to support State-level efforts to improve the design
10 and delivery of voluntary supportive services for resi-
11 dents of any housing assisted under the Act and
12 other housing supporting low-income older adults, in
13 order to support residents to age-in-place and avoid
14 institutional care, as well as to assist applicants and
15 potential applicants with project-specific design, and
16 the Secretary may use amounts made available
17 under this paragraph to increase prior awards to ex-
18 isting technical assistance providers to provide an
19 immediate increase in capacity building and tech-
20 nical assistance; and
21 (3) $42,500,000 for the costs to the Secretary
22 of administering and overseeing the implementation
23 of this section and the Supportive Housing for the
24 Elderly program generally, including information
25 technology, financial reporting, research and evalua-
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1 tion, other cross-program costs in support of pro-
2 grams administered by the Secretary in this title,
3 and other costs.
4 Amounts appropriated by this section shall remain avail-
5 able until September 30, 2031.
6 (b) LIMITATION ON COSTS.—When awarding grants
7 under paragraph (1) of subsection (a), the Secretary shall
8 establish and assess reasonable development cost limita-
9 tions by market area for various types and sizes of sup-
10 portive housing for the elderly. The Secretary shall not
11 count owner or sponsor contributions of other funding or
12 assistance against the overall cost of a project.
13 (c) WAIVERS.—The Secretary may waive or specify
14 alternative requirements for any provision of subsection
15 (c) or (bb) of section 8 of the United States Housing Act
16 of 1937 (42 U.S.C. 1437f (c), 1437f(bb)) upon a finding
17 that the waiver or alternative requirement is necessary to
18 facilitate the use of amounts made available under this
19 section.
20 (d) IMPLEMENTATION.—The Secretary shall have au-
21 thority to issue such regulations, notices, or other guid-
22 ance, forms, instructions, and publications to carry out the
23 programs, projects, or activities authorized under this sec-
24 tion to ensure that such programs, projects, or activities
25 are completed in a timely and effective manner.
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1 SEC. 40006. IMPROVING ENERGY EFFICIENCY OR WATER
3 FORDABLE HOUSING.
693
1 cial reporting, research and evaluation, other cross-
2 program costs in support of programs administered
3 by the Secretary in this title, and other costs;
4 (3) $120,000,000, to remain available until
5 September 30, 2029, for expenses of contracts ad-
6 ministered by the Secretary, including to carry out
7 property climate risk, energy, or water assessments,
8 due diligence, and underwriting functions for such
9 grant and direct loan program; and
10 (4) $85,000,000, to remain available until Sep-
11 tember 30, 2028, for energy and water
12 benchmarking of properties eligible to receive grants
13 or loans under this section, regardless of whether
14 they actually received such grants, along with associ-
15 ated data analysis and evaluation at the property
16 and portfolio level, including the development of in-
17 formation technology systems necessary for the col-
18 lection, evaluation, and analysis of such data.
19 (b) LOAN AND GRANT TERMS AND CONDITIONS.—
20 Amounts made available under this section shall be for
21 direct loans, grants, and direct loans that can be converted
22 to grants to eligible recipients that agree to an extended
23 period of affordability for the property.
24 (c) DEFINITIONS.—As used in this section—
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694
1 (1) the term ‘‘eligible recipient’’ means any
2 owner or sponsor of an eligible property; and
3 (2) the term ‘‘eligible property’’ means a prop-
4 erty receiving—
5 (A) project-based assistance pursuant to
6 section 202 of the Housing Act of 1959 (12
7 U.S.C. 1701q);
8 (B) section 811 of the Cranston-Gonzalez
9 National Affordable Housing Act (42 U.S.C.
10 8013); or
11 (C) section 8(b) of the United States
12 Housing Act of 1937 (42 U.S.C. 1437f(b))
13 (d) WAIVER.—The Secretary may waive or specify al-
14 ternative requirements for any provision of subsection (c)
15 or (bb) of section 8 of the United States Housing Act of
16 1937 (42 U.S.C. 1437f(c), 1437f(bb)) upon a finding that
17 the waiver or alternative requirement is necessary to facili-
18 tate the use of amounts made available under this section.
19 (e) IMPLEMENTATION.—The Secretary shall have au-
20 thority to issue such regulations, notices, or other guid-
21 ance, forms, instructions, and publications to carry out the
22 programs, projects, or activities authorized under this sec-
23 tion to ensure that such programs, projects, or activities
24 are completed in a timely and effective manner.
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695
1 SEC. 40007. REVITALIZATION OF DISTRESSED MULTI-
2 FAMILY PROPERTIES.
696
1 lowing requirements shall be eligible for loan assist-
2 ance under this section:
3 (A) The multifamily housing project, in-
4 cluding any project from which assistance has
5 been approved to be transferred has deficiencies
6 that cause the project to be at risk of physical
7 obsolescence or economic non-viability.
8 (B) The actual rents received by the owner
9 or sponsor of the distressed property would not
10 adequately sustain the debt needed to make
11 necessary physical improvements.
12 (C) The owner or sponsor meets any such
13 additional eligibility criteria as the Secretary
14 determines to be appropriate, considering fac-
15 tors that contributed to the project’s defi-
16 ciencies.
17 (2) USE OF LOAN FUNDS.—Each recipient of
18 loan assistance under this section may only use such
19 loan assistance to make necessary physical improve-
20 ments.
21 (3) LOAN AVAILABILITY.—The Secretary shall
22 only provide loan assistance to an owner or sponsor
23 of a multifamily housing project when such assist-
24 ance, considered with other financial resources avail-
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697
1 able to the owner or sponsor, is needed to make the
2 necessary physical improvements.
3 (4) INTEREST RATES AND LENGTH.—Loans
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698
1 project that is subject to the loan by extending any
2 existing affordable housing use agreements for an
3 additional 30 years or, if the project is not currently
4 subject to a use agreement establishing affordability
5 requirements, by establishing a use agreement for
6 30 years.
7 (7) MATCHING CONTRIBUTION.—Each recipient
8 of loan assistance under this section shall secure at
9 least 20 percent of the total cost needed to make the
10 necessary physical improvements from non-Federal
11 sources, except in cases where the Secretary deter-
12 mines that a lack of financial resources qualifies a
13 loan recipient for—
14 (A) a reduced contribution below 20 per-
15 cent; or
16 (B) an exemption to the matching con-
17 tribution requirement.
18 (8) ADDITIONAL LOAN CONDITIONS.—The Sec-
19 retary may establish additional conditions for loan
20 eligibility provided under this section as the Sec-
21 retary determines to be appropriate.
22 (9) PROPERTIES INSURED BY THE SEC-
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699
1 Secretary may use funds available under this section
2 as necessary to pay for the costs of modifying such
3 loan.
4 (c) DEFINITIONS.—As used in this section—
5 (1) the term ‘‘multifamily housing project’’
6 means a project consisting of five or more dwelling
7 units assisted or approved to receive a transfer of
8 assistance, insured, or with a loan held by the Sec-
9 retary or a State or State agency in part or in whole
10 pursuant to—
11 (A) section 8 of the United States Housing
12 Act of 1937 (42 U.S.C. 1437f), not including
13 subsection (o)(13) of such section;
14 (B) section 202 of the Housing Act of
15 1959 (12 U.S.C. 1701q), as amended by section
16 801 of the Cranston-Gonzalez National Afford-
17 able Housing Act;
18 (C) section 202 of the Housing Act of
19 1959 (former 12 U.S.C. 1701q), as such section
20 existed before the enactment of the Cranston-
21 Gonzalez National Affordable Housing Act;
22 (D) section 811 of the Cranston-Gonzalez
23 National Affordable Housing Act (42 U.S.C.
24 8013); or
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700
1 (E) section 236 of the National Housing
2 Act (12 U.S.C. 1715z-1); and
3 (2) the term ‘‘necessary physical improve-
4 ments’’ means new construction or capital improve-
5 ments to an existing multifamily housing project
6 that the Secretary determines are necessary to ad-
7 dress the deficiencies or that rise to such a level that
8 delaying physical improvements to the project would
9 be detrimental to the longevity of the project as suit-
10 able housing for occupancy.
11 (d) WAIVER.—The Secretary may waive or specify al-
12 ternative requirements for any provision of subsection (c)
13 or (bb) of section 8 of the United States Housing Act of
14 1937 (42 U.S.C. 1437f(c), 1437f(bb)) upon a finding that
15 the waiver or alternative requirement is necessary to facili-
16 tate the use of amounts made available under this section.
17 (e) IMPLEMENTATION.—The Secretary shall have the
18 authority to issue such regulations, notices, or other guid-
19 ance, forms, instructions, and publications to carry out the
20 programs, projects, or activities authorized under this sec-
21 tion to ensure that such programs, projects, or activities
22 are completed in a timely and effective manner.
23 SEC. 40008. INVESTMENTS IN RURAL RENTAL HOUSING.
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701
1 Service of the Department of Agriculture for fiscal year
2 2022, out of any money in the Treasury not otherwise ap-
3 propriated—
4 (1) $1,800,000,000, to remain available until
5 September 30, 2029, for carrying out new construc-
6 tion, improvements to energy and water efficiency or
7 climate resilience, the removal of health and safety
8 hazards, and the preservation and revitalization of
9 housing authorized under section 514 of the Hous-
10 ing Act of 1949 (42 U.S.C. 1484), subsections
11 (a)(1) through (a)(2), (b)(1) through (b)(3), (b)(5)
12 through (aa)(2)(A), and (aa)(4) of section 515 of
13 such Act (42 U.S.C. 1485(a)(1)-42 U.S.C.
14 1485(a)(2), 42 U.S.C. 1485(b)(1)-(b)(3), 42 U.S.C.
15 1485(b)(5)-42 U.S.C. 1485(aa)(2)(A), 42 U.S.C.
16 1485(aa)(4)), and 516 of such act (42 U.S.C.
17 1486), subject to the terms and conditions in sub-
18 section (b);
19 (2) $100,000,000, to remain available until
20 September 30, 2029, to provide continued assistance
21 pursuant to section 3203 of the American Rescue
22 Plan Act of 2021; and
23 (3) $100,000,000, to remain available until
24 September 30, 2030, for the costs to the Rural
25 Housing Service of the Department of Agriculture of
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702
1 administering and overseeing the implementation of
2 this section, including information technology, finan-
3 cial reporting, research and evaluations, other cross-
4 program costs in support of programs administered
5 by the Secretary in this title, and other costs.
6 (b) PRESERVATION AND REVITALIZATION TERMS
7 AND CONDITIONS.—
8 (1) LOANS AND GRANTS AND OTHER ASSIST-
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703
1 Secretary, including such assistance to non-
2 profit entities and public housing authorities.
3 (2) RESTRICTIVE USE AGREEMENT.—The Ad-
4 ministrator of the Rural Housing Service of the De-
5 partment of Agriculture shall as part of the preser-
6 vation and revitalization agreement obtain a restric-
7 tive use agreement consistent with the terms of the
8 restructuring.
9 (c) IMPLEMENTATION.—The Administrator of the
10 Rural Housing Service of the Department of Agriculture
11 shall have authority to issue such regulations, notices, or
12 other guidance, forms, instructions, and publications to
13 carry out the programs, projects, or activities authorized
14 under this section to ensure that such programs, projects,
15 or activities are completed in a timely and effective man-
16 ner.
17 SEC. 40009. HOUSING VOUCHERS.
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704
1 section 8(o) of the United States Housing Act
2 of 1937 (42 U.S.C. 1437f(o));
3 (B) renewals of such tenant-based rental
4 assistance; and
5 (C) fees for the costs of administering ten-
6 ant-based rental assistance and other eligible
7 expenses, which may include the cost of facili-
8 tating the use of voucher assistance provided
9 under paragraph (5);
10 (2) $7,100,000,000 for—
11 (A) incremental tenant-based rental assist-
12 ance under section 8(o) of the United States
13 Housing Act of 1937 (42 U.S.C. 1437f(o)) for
14 households experiencing or at risk of homeless-
15 ness, survivors of domestic violence, dating vio-
16 lence, sexual assault, and stalking, and sur-
17 vivors of trafficking;
18 (B) renewals of such tenant-based rental
19 assistance; and
20 (C) fees for the costs of administering ten-
21 ant-based rental assistance and other eligible
22 expenses, which may include the cost of facili-
23 tating the use of voucher assistance provided
24 under paragraph (5);
25 (3) $1,000,000,000 for—
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705
1 (A) tenant protection vouchers for reloca-
2 tion and replacement of public housing units
3 demolished or disposed as part of a public hous-
4 ing preservation or project-based replacement
5 transaction using funds made available under
6 this title;
7 (B) renewals of such tenant-based rental
8 assistance; and
9 (C) fees for the costs of administering ten-
10 ant-based rental assistance and other eligible
11 expenses, which may include the cost of facili-
12 tating the use of voucher assistance provided
13 under paragraph (5);
14 (4) $300,000,000 for competitive grants, sub-
15 ject to terms and conditions determined by the Sec-
16 retary, to public housing agencies for mobility-re-
17 lated services for voucher families, including families
18 with children, and service coordination;
19 (5) $230,000,000 for eligible expenses to facili-
20 tate the use of voucher assistance under this section
21 and for other voucher assistance under section 8(o)
22 of the United States Housing Act of 1937, as deter-
23 mined by the Secretary, in addition to amounts oth-
24 erwise available for such expenses, including prop-
25 erty owner outreach and retention activities such as
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706
1 incentive payments, security deposit payments and
2 loss reserves, landlord liaisons, and other uses of
3 funds designed primarily—
4 (A) to recruit owners of dwelling units,
5 particularly dwelling units in census tracts with
6 a poverty rate of less than 20 percent, to enter
7 into housing assistance payment contracts; and
8 (B) to encourage owners that enter into
9 housing assistance payment contracts as de-
10 scribed in subparagraph (A) to continue to
11 lease their dwelling units to tenants assisted
12 under section 8(o) of the United States Hous-
13 ing Act of 1937;
14 (6) $300,000,000 for the costs to the Secretary
15 of administering and overseeing the implementation
16 of this section and the Housing Choice Voucher pro-
17 gram generally, including information technology, fi-
18 nancial reporting, research and evaluations, other
19 cross-program costs in support of programs adminis-
20 tered by the Secretary in this title, and other costs;
21 and
22 (7) $70,000,000 for making new awards or in-
23 creasing prior awards to existing technical assistance
24 providers to provide an increase in capacity building
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707
1 and technical assistance available to public housing
2 agencies.
3 Amounts appropriated by this section shall remain avail-
4 able until September 30, 2031.
5 (b) TERMS AND CONDITIONS.—
6 (1) ALLOCATION.—The Secretary shall allocate
7 initial incremental assistance provided for rental as-
8 sistance under subsection (a)(1) and (2) in each fis-
9 cal year commencing in 2022 and ending in 2026 in
10 accordance with a formula or formulas that include
11 measures of severe housing need among extremely
12 low-income renters and public housing agency capac-
13 ity, and ensures geographic diversity among public
14 housing agencies administering the Housing Choice
15 Voucher program.
16 (2) ELECTION TO ADMINISTER.—The Secretary
17 shall establish a procedure for public housing agen-
18 cies to accept or decline the incremental vouchers
19 made available under this section.
20 (3) FAILURE TO USE VOUCHERS PROMPTLY.—
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708
1 distribute any unleased vouchers and associated
2 funds, which may include administrative fees and
3 amounts allocated under subsections (a)(3) and
4 (a)(4), to other public housing agencies.
5 (4) LIMITATION OF USE OF FUNDS.— Public
6 housing agencies may use funds received under this
7 section only for the activities listed in subsection (a)
8 for which the funds were provided to such agency.
9 (5) CAP ON PROJECT-BASED VOUCHERS FOR
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709
1 (6) HOMELESS WAIVER AUTHORITY.— In ad-
2 ministering the voucher assistance targeted for
3 households experiencing or at risk of homelessness,
4 survivors of domestic violence, dating violence sexual
5 assault, and stalking, and survivors of trafficking
6 under subsection (a)(1), the Secretary may, upon a
7 finding that a waiver or alternative requirement is
8 necessary to facilitate the use of such assistance,
9 waive or specify alternative requirements for—
10 (A) section 8(o)(6)(A) of the United States
11 Housing Act of 1937 (42 U.S.C.
12 1437f(o)(6)(A)) and regulatory provisions re-
13 lated to the administration of waiting lists and
14 local preferences;
15 (B) section 214(d)(2) of the Housing and
16 Community Development Act of 1980 (42
17 U.S.C. 1436a(d)(2)), section 576(a), (b), and
18 (c) of the Quality Housing and Work Responsi-
19 bility Act of 1998 (42 U.S.C. 13661(a), (b),and
20 (c)), and regulatory provisions related to the
21 verification of eligibility, eligibility require-
22 ments, and the admissions process;
23 (C) section 8(o)((7)(A) of the United
24 States Housing Act of 1937 (42 U.S.C.
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710
1 1437f(o)(7)(A)) and regulatory provisions re-
2 lated to the initial lease term;
3 (D) section 8(r)(B)(i) of the United States
4 Housing Act of 1937 (42 U.S.C.
5 1437f(r)(B)(i)) and regulatory provisions re-
6 lated to portability moves by non-resident appli-
7 cants; and
8 (E) regulatory provisions related to the es-
9 tablishment of payment standards.
10 (c) IMPLEMENTATION.—The Secretary shall have au-
11 thority to issue such regulations, notices, or other guid-
12 ance, forms, instructions, and publications to carry out the
13 programs, projects, or activities authorized under this sec-
14 tion to ensure that such programs, projects, or activities
15 are completed in a timely and effective manner.
16 SEC. 40010. PROJECT-BASED RENTAL ASSISTANCE.
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711
1 ‘‘Act’’), subject to the terms and conditions of sub-
2 section (b) of this section;
3 (2) $20,000,000 for providing technical assist-
4 ance to recipients of or applicants for project-based
5 rental assistance or to States allocating the project-
6 based rental assistance; and
7 (3) $100,000,000 for the costs to the Secretary
8 of administering and overseeing the implementation
9 of this section and the section 8 project-based rental
10 assistance program generally, including information
11 technology, financial reporting, research and evalua-
12 tions, other cross-program costs in support of pro-
13 grams administered by the Secretary in this title,
14 and other costs.
15 Amounts appropriated by this section shall remain avail-
16 able until September 30, 2031.
17 (b) TERMS AND CONDITIONS.—
18 (1) AUTHORITY.—Notwithstanding section 8(a)
19 the Act (42 U.S.C. 1437f(a)), the Secretary may use
20 amounts made available under this section to pro-
21 vide assistance payments with respect to newly con-
22 structed housing, existing housing, or substantially
23 rehabilitated non-housing structures for use as new
24 multifamily housing in accordance with this section
25 and the provisions of section 8 of the Act. In addi-
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712
1 tion, the Secretary may use amounts made available
2 under this section for performance-based contract
3 administrators for section 8 project-based assistance,
4 for carrying out this section and section 8 of the
5 Act.
6 (2) PROJECT-BASED RENTAL ASSISTANCE.—
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713
1 are accessible for persons with mobility impairments
2 and persons with hearing or visual impairments be-
3 yond those required by applicable Federal accessi-
4 bility standards.
5 (3) ALLOCATION.—The Secretary shall make
6 awards with amounts made available under this sec-
7 tion using the following mechanisms, alone or in
8 combination:
9 (A) A competitive process, which the Sec-
10 retary may carry out in multiple rounds of com-
11 petition, each of which may have its own selec-
12 tion, performance, and reporting criteria as es-
13 tablished by the Secretary.
14 (B) Selecting proposals submitted through
15 FHA loan applications that meet specified cri-
16 teria.
17 (C) Delegating to States the awarding of
18 contracts, including related determinations such
19 as the maximum monthly rent, subject to the
20 requirements of section 8 of the Act, as deter-
21 mined by the Secretary.
22 (4) CONTRACT TERM, RENT SETTING, AND
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1 provisions regarding rent setting and rent adjust-
2 ments.
3 (c) WAIVERS.—The Secretary may waive or specify
4 alternative requirements for any provision of subsection
5 (c) or (bb) of section 8 of the United States Housing Act
6 of 1937 (42 U.S.C. 1437f(c), 1437f(bb)) upon a finding
7 that the waiver or alternative requirement is necessary to
8 facilitate the use of amounts made available under this
9 section.
10 (d) IMPLEMENTATION.—The Secretary shall have the
11 authority to issue such regulations, notices, or other guid-
12 ance, forms, instructions, and publications to carry out the
13 programs, projects, or activities authorized under this sec-
14 tion to ensure that such programs, projects, or activities
15 are completed in a timely and effective manner.
16 SEC. 40011. INVESTMENTS IN NATIVE AMERICAN COMMU-
17 NITIES.
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1 this section referred to as ‘‘NAHASDA’’) (25 U.S.C.
2 4111(a)), and the Secretary shall distribute such
3 amount according to the same funding formula used
4 in fiscal year 2021;
5 (2) $200,000,000 for grants authorized under
6 section 802(a) of NAHASDA (25 U.S.C. 4222 (a));
7 (3) $277,500,000 for competitive grants to eli-
8 gible recipients authorized under section 101(a) of
9 NAHASDA (25 U.S.C. 4111(a)), which may be used
10 for—
11 (A) new construction and rehabilitation of
12 affordable housing;
13 (B) improving water or energy efficiency or
14 increasing resilience to natural hazards for
15 housing assisted by amounts made available
16 under this subsection; or
17 (C) other eligible affordable housing activi-
18 ties under NAHASDA;
19 (4) $200,000,000 for—
20 (A) competitive single-purpose Indian com-
21 munity development block grants for Indian
22 tribes under section 106(a)(1) of the Housing
23 and Community Development Act of 1974 (42
24 U.S.C. 5306(a)(1)); and
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716
1 (B) imminent threat Indian community de-
2 velopment block grants under section 106(a)(1)
3 of the Housing and Community Development
4 Act of 1974 (42 U.S.C. 5306(a)(1)) for Indian
5 tribes, or a tribal organization, governmental
6 entity, or nonprofit organization designated by
7 the Indian tribe to apply for a grant on its be-
8 half, which may be used to—
9 (i) address environmental threats, in-
10 cluding long-term environmental threats;
11 (ii) assist Indian tribes with relocating
12 a portion of or entire communities due to
13 changes to the local environment; or
14 (iii) assist Indian tribes with address-
15 ing other threats to health and safety;
16 (5) $25,000,000 for the costs to the Secretary
17 of administering and overseeing the implementation
18 of this section and Native American and Native Ha-
19 waiian programs generally, including information
20 technology, financial reporting, research and evalua-
21 tions, other cross-program costs in support of pro-
22 grams administered by the Secretary in this title,
23 and other costs; and
24 (6) $20,000,000 to make new awards or in-
25 crease prior awards to existing technical assistance
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1 providers to provide an immediate increase in capac-
2 ity building and technical assistance to grantees.
3 Amounts appropriated by this section shall remain avail-
4 able until September 30, 2031.
5 (b) PRELIMINARY FUNDING.—
6 (1) USE OF IMMINENT THREAT GRANT
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1 (3) INAPPLICABILITY.—Such preliminary
2 grants are not subject to administrative and plan-
3 ning caps.
4 (c) REALLOCATION.—Amounts made available under
5 subsection (a)(1) that are not accepted within a time spec-
6 ified by the Secretary, are voluntarily returned, or are oth-
7 erwise recaptured for any reason may be used to fund
8 grants under paragraph (3) or (4) of subsection (a).
9 (d) UNDISBURSED FUNDS.—Amounts provided
10 under this Act that remain undisbursed may not be used
11 as a basis to reduce any grant allocation under section
12 302 of NAHASDA (25 U.S.C. 4152) to an Indian tribe
13 in any fiscal year.
14 (e) PROHIBITION ON INVESTMENTS.—Amounts made
15 available under this section may not be invested in invest-
16 ment securities and other obligations.
17 (f) WAIVERS.—With respect to amounts made avail-
18 able under this section, the Secretary may, upon a finding
19 that a waiver or alternative requirement is necessary to
20 facilitate the use of such amounts, waive or specify alter-
21 native requirements for—
22 (1) sections 101(b), 102, and 103 of
23 NAHASDA (25 U.S.C. 4111(b), 4112, 4113) and
24 regulatory provisions related to the submission and
25 review of Indian Housing Plans;
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719
1 (2) regulatory provisions related to exceeding
2 the maximum caps on total development costs; and
3 (3) with respect to amounts made available
4 under subsection (a)(4)—
5 (A) regulatory provisions related to the ap-
6 plication process and funding criteria necessary
7 to facilitate the use of such amounts; and
8 (B) section 105(a) of the Housing and
9 Community Development Act of 1974 (42
10 U.S.C. 5305(a)) and regulatory provisions re-
11 lated to new housing construction and the pur-
12 chase of equipment.
13 (g) IMPLEMENTATION.—The Secretary shall have au-
14 thority to issue such regulations, notices, or other guid-
15 ance, forms, instructions, and publications to carry out the
16 programs, projects, or activities authorized under this sec-
17 tion to ensure that such programs, projects, or activities
18 are completed in a timely and effective manner.
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720
1 Subtitle B—21st Century Sustain-
2 able and Equitable Commu-
3 nities
4 SEC. 40101. COMMUNITY DEVELOPMENT BLOCK GRANT
6 INFRASTRUCTURE.
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1 shall be applied by substituting ‘‘$70,000,000’’ for
2 ‘‘$7,000,000’’;
3 (2) $700,000,000 for grants under sections
4 101, 102, 103, 104(a) through 104(i), 104(l),
5 104(m), 105(a) through 105(g), 106(a)(2),
6 106(a)(4), 106(b) through 106(f), 109, 110, 111,
7 113, 115, 116, 120, and 122 of title I of the Hous-
8 ing and Community Development Act of 1974 (42
9 U.S.C. 5301, 5302, 5303, 5304(a)-(i), 5304(l),
10 5304(m), 5305(a)-(g), 5306(a)(2), 5306(a)(4),
11 5306(b)-(f), 5309, 5310, 5311, 5313, 5314, 5315,
12 5316, 5319, and 5321) for assistance under the
13 community development block grant program under
14 title I of the Housing and Community Development
15 Act of 1974 to community development block grant
16 grantees, as determined by the Secretary, under sub-
17 sections (a)(2), (a)(4), and (b) through (f) of section
18 106 of such Act (5306(a)(2), 5306(a)(4), and
19 5306(b)-(f)), only for colonias, to address the com-
20 munity and housing infrastructure needs of existing
21 colonia residents based on a formula that takes into
22 account persons in poverty in the colonia areas, ex-
23 cept that grantees may use funds in colonias outside
24 of the 150-mile border area upon approval of the
25 Secretary;
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1 (3) $500,000,000 for grants under sections
2 101, 102, 103, 104(a) through 104(i), 104(l),
3 104(m), 105(a) through 105(g), 106(a)(2),
4 106(a)(4), 106(b) through 106(f), 109, 110, 111,
5 113, 115, 116, 120, and 122 of title I of the Hous-
6 ing and Community Development Act of 1974 (42
7 U.S.C. 5301, 5302, 5303, 5304(a)-(i), 5304(l),
8 5304(m), 5305(a)-(g), 5306(a)(2), 5306(a)(4),
9 5306(b)-(f), 5309, 5310, 5311, 5313, 5314, 5315,
10 5316, 5319, and 5321), to eligible recipients under
11 subsection (c) of this section for manufactured hous-
12 ing infrastructure improvements in eligible manufac-
13 tured home communities;
14 (4) $87,500,000 for the costs to the Secretary
15 of administering and overseeing the implementation
16 of this section, the Community Development Block
17 Grant program, and the manufactured home con-
18 struction and safety standards program generally,
19 including information technology, financial report-
20 ing, research and evaluations, other cross-program
21 costs in support of programs administered by the
22 Secretary in this title, and other costs; and
23 (5) $27,500,000 for providing technical assist-
24 ance to recipients of or applicants for grants under
25 this section.
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723
1 Amounts appropriated by this section shall remain avail-
2 able until September 30, 2031.
3 (b) HOUSING CONSTRUCTION.—Expenditures on new
4 construction of housing shall be an eligible expense for a
5 recipient of funds made available under this section that
6 is not a recipient of funds under section 40002 of this
7 title.
8 (c) MANUFACTURED HOUSING COMMUNITY IM-
9 PROVEMENT GRANT PROGRAM.—
10 (1) ESTABLISHMENT.—The Secretary of Hous-
11 ing and Urban Development shall carry out a com-
12 petitive grant program to award funds appropriated
13 under subsection (a)(3) to eligible recipients to carry
14 out eligible projects for improvements in eligible
15 manufactured home communities.
16 (2) ELIGIBLE PROJECTS.—Amounts from
17 grants under this subsection shall be used to assist
18 in carrying out a project for construction, recon-
19 struction, repair, or clearance of housing, facilities
20 and improvements in or serving a manufactured
21 housing community that is necessary to protect the
22 health and safety of the residents of the manufac-
23 tured housing community and the long-term sustain-
24 ability of the community.
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724
1 (d) WAIVERS.—The Secretary may waive or specify
2 alternative requirements for any provision of subsection
3 (a)(1), (a)(2), or (a)(3), or regulation that the Secretary
4 administers in connection with use of amounts made avail-
5 able under this section other than requirements related to
6 fair housing, nondiscrimination, labor standards, and the
7 environment, upon a finding that the waiver or alternative
8 requirement is not inconsistent with the overall purposes
9 of such Act and that the waiver or alternative requirement
10 is necessary to facilitate the use of amounts made avail-
11 able under this section.
12 (e) DEFINITIONS.—For purposes of this section, the
13 following definitions shall apply:
14 (1) COLONIA AREA.—The term ‘‘colonia area’’
15 means any census tract that—
16 (A) is an area of the United States within
17 150 miles of the contiguous border between the
18 United States and Mexico, except as otherwise
19 determined by the Secretary; and
20 (B) lacks potable water supply, adequate
21 sewage systems, or decent, safe, sanitary hous-
22 ing, or other objective criteria as approved by
23 the Secretary.
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725
1 (2) ELIGIBLE MANUFACTURED HOME COMMU-
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1 (B) an eligible manufactured home com-
2 munity, a nonprofit entity, or a consortia of
3 nonprofit entities working with an eligible man-
4 ufactured home community.
5 (4) MANUFACTURED HOME COMMUNITY.—The
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1 SEC. 40102. LEAD-BASED PAINT HAZARD CONTROL AND
728
1 the Energy Conservation and Production Act (42
2 U.S.C. 6861-6872) but are not assisted under any
3 other Federal housing program other than sub-
4 section 8(o) of the United States Housing Act of
5 1937 (42 U.S.C. 1437f(o)), excluding paragraph
6 8(o)(13) of such section;
7 (3) $1,000,000,000 for grants to owners of a
8 property receiving project-based rental assistance
9 under section 8 of the United States Housing Act of
10 1937 (42 U.S.C. 1437f), including under subsection
11 (o)(13) of such section, that meets the definition of
12 target housing and that has not received a grant for
13 similar purposes under this Act for the activities in
14 subsection (c), except for abatement of lead-based
15 paint by enclosure or encapsulation, or interim con-
16 trols of lead-based paint hazards in target housing
17 units receiving such assistance and common areas
18 servicing such units;
19 (4) $75,000,000 for costs related to training
20 and technical assistance to support identification
21 and mitigation of lead and housing-related health
22 and safety hazards, research, and evaluation; and
23 (5) $250,000,000 for the costs to the Secretary
24 of administering and overseeing the implementation
25 of this section, and the Secretary’s lead hazard re-
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729
1 duction and related programs generally including in-
2 formation technology, financial reporting, research
3 and evaluations, other cross-program costs in sup-
4 port of programs administered by the Secretary in
5 this title, and other costs.
6 Amounts appropriated by this section shall remain avail-
7 able until September 30, 2031.
8 (b) TERMS AND CONDITIONS.—
9 (1) INCOME ELIGIBILITY DETERMINATIONS.—
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730
1 (3) ADMINISTRATIVE EXPENSES.—A recipient
2 of a grant under this section may use up to 10 per-
3 cent of the grant for administrative expenses associ-
4 ated with the activities funded by this section.
5 (c) ELIGIBLE ACTIVITIES.—Grants awarded under
6 this section shall be used for purposes of building capacity
7 and conducting activities relating to testing, evaluating,
8 and mitigating lead-based paint, lead-based paint hazards,
9 and housing-related health and safety hazards; outreach,
10 education, and engagement with community stakeholders,
11 including stakeholders in disadvantaged communities; pro-
12 gram evaluation and research; grant administration, and
13 other activities that directly or indirectly support the work
14 under this section, as applicable, that without which such
15 activities could not be conducted.
16 (d) DEFINITIONS.—For purposes of this section, the
17 following definitions, and definitions in paragraphs (1),
18 (2), (3), (5), (6), (7), (10) through (17), and (20) through
19 (27) of section 1004 of the Residential Lead-Based Paint
20 Hazard Reduction Act of 1992 (42 U.S.C. 4851b(1)-(3),
21 42 U.S.C. 4851b(5)-(7), 42 U.S.C. 4851b(10)-(17). 42
22 U.S.C. 4851b(20)-(27), shall apply:
23 (1) NONPROFIT; NONPROFIT ORGANIZATION.—
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731
1 dation not organized for profit, but organized and
2 operated exclusively for religious, charitable, sci-
3 entific, testing for public safety, literary, or edu-
4 cational purposes; or an organization not organized
5 for profit but operated exclusively for the promotion
6 of social welfare.
7 (2) PUBLIC HOUSING; PUBLIC HOUSING AGEN-
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732
1 government may assume responsibilities for elements of
2 grant compliance, regardless of whether it is the grant re-
3 cipient, if the State or unit of general local government
4 is permitted to assume responsibility for the applicable ele-
5 ment of grant compliance for grants for which it is the
6 recipient under section 1011 of the Residential Lead-
7 Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
8 4852).
9 (f) IMPLEMENTATION.—The Secretary shall have the
10 authority to issue such regulations, notices, or other guid-
11 ance, forms, instructions, and publications to carry out the
12 programs, projects, or activities authorized under this sec-
13 tion to ensure that such programs, projects, or activities
14 are completed in a timely and effective manner.
15 SEC. 40103. UNLOCKING POSSIBILITIES PROGRAM.
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733
1 Community Development Act of 1974 (42 U.S.C.
2 5301, 5302, 5303, 5304(a)-(i), 5304(l), 5304(m),
3 5305(a)-(g), 5306(a)(2), 5306(a)(4), 5306(b)-(f),
4 5309, 5310, 5311, 5313, 5314, 5315, 5316, 5319,
5 and 5321) awarded on a competitive basis to eligible
6 recipients to carry out grants under subsection (c)
7 of this section;
8 (2) $8,000,000 for research and evaluation re-
9 lated to housing planning and other associated costs;
10 (3) $30,000,000 to provide technical assistance
11 to grantees or applicants for grants made available
12 by this section; and
13 (4) $66,000,000 for the costs to the Secretary
14 of administering and overseeing the implementation
15 of this section and community and economic develop-
16 ment programs overseen by the Secretary generally,
17 including information technology, financial report-
18 ing, research and evaluations, and other cross-pro-
19 gram costs in support of programs administered by
20 the Secretary in this title, and other costs.
21 Amounts appropriated by this section shall remain avail-
22 able until September 30, 2031.
23 (b) PROGRAM ESTABLISHMENT.—The Secretary of
24 Housing and Urban Development shall establish a com-
25 petitive grant program for—
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734
1 (1) planning grants to develop and evaluate
2 housing plans and substantially improve housing
3 strategies;
4 (2) streamlining regulatory requirements and
5 shorten processes, reform zoning codes, increasing
6 capacity to conduct housing inspections, or other ini-
7 tiatives that reduce barriers to housing supply elas-
8 ticity and affordability;
9 (3) developing and evaluating local or regional
10 plans for community development to substantially
11 improve community development strategies related
12 to sustainability, fair housing, and location effi-
13 ciency;
14 (4) implementation and livable community in-
15 vestment grants; and
16 (5) research and evaluation.
17 (c) GRANTS.—
18 (1) PLANNING GRANTS.—The Secretary shall,
19 under selection criteria determined by the Secretary,
20 award grants under this paragraph on a competitive
21 basis to eligible entities to assist planning activities,
22 including administration of such activities, engage-
23 ment with community stakeholders and housing
24 practitioners, to—
25 (A) develop housing plans;
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735
1 (B) substantially improve State or local
2 housing strategies;
3 (C) develop new regulatory requirements
4 and processes, reform zoning codes, increasing
5 capacity to conduct housing inspections, or un-
6 dertake other initiatives to reduce barriers to
7 housing supply elasticity and affordability;
8 (D) develop local or regional plans for
9 community development; and
10 (E) substantially improve community de-
11 velopment strategies, including strategies to in-
12 crease availability and access to affordable
13 housing, to further access to public transpor-
14 tation or to advance other sustainable or loca-
15 tion-efficient community development goals.
16 (2) IMPLEMENTATION AND LIVABLE COMMU-
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736
1 regulations and for community investments that
2 support the goals identified in such housing
3 strategies or housing plans;
4 (B) new regulatory requirements and proc-
5 esses, reformed zoning codes, increased capacity
6 to conduct housing inspections, or other initia-
7 tives to reduce barriers to housing supply elas-
8 ticity and affordability that are consistent with
9 a plan under subparagraph (A);
10 (C) completed local or regional plans for
11 community development and any planning to in-
12 crease availability and access to affordable
13 housing, access to public transportation and
14 other sustainable or location-efficient commu-
15 nity development goals.
16 (d) COORDINATION WITH FTA ADMINISTRATOR.—
17 To the extent practicable, the Secretary shall coordinate
18 with the Federal Transit Administrator in carrying out
19 this section.
20 (e) DEFINITIONS.—For purposes of this section, the
21 following definitions apply:
22 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
23 ty’’ means—
24 (A) a State, insular area, metropolitan
25 city, or urban county, as such terms are defined
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737
1 in section 102 of the Housing and Community
2 Development Act of 1974 (42 U.S.C. 5302); or
3 (B) for purposes of grants under sub-
4 section (b)(1), a regional planning agency or
5 consortia.
6 (2) HOUSING PLAN; HOUSING STRATEGY.—
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1 (iii) reduce barriers to housing devel-
2 opment in the area, with consideration for
3 location efficiency, affordability, and acces-
4 sibility; and
5 (iv) coordinate with the metropolitan
6 transportation plan of the area under the
7 jurisdiction of the eligible entity, or other
8 regional plan.
9 (B) HOUSING STRATEGY.—The term
10 ‘‘housing strategy’’ means the housing strategy
11 required under section 105 of the Cranston-
12 Gonzalez National Affordable Housing Act (42
13 U.S.C. 12705).
14 (f) COSTS TO GRANTEES.—Up to 15 percent of a re-
15 cipient’s grant may be used for administrative costs.
16 (g) RULES OF CONSTRUCTION.—
17 (1) IN GENERAL.— Except as otherwise pro-
18 vided by this section, amounts appropriated or oth-
19 erwise made available under this section shall be
20 subject to the community development block grant
21 program requirements under title I of the Housing
22 and Community Development Act of 1974 (42
23 U.S.C. 5301-5321).
24 (2) EXCEPTIONS.—
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1 (A) HOUSING CONSTRUCTION.—Expendi-
5 OF GOVERNMENT.—Expenditures on building
6 for the general conduct of government, other
7 than the Federal Government, shall be eligible
8 under this section when necessary and appro-
9 priate as a part of a natural hazard mitigation
10 project.
11 (h) WAIVERS.—The Secretary may waive or specify
12 alternative requirements for any provision of subsection
13 (a)(1) or regulation for the administration of the amounts
14 made available under this section other than requirements
15 related to fair housing, nondiscrimination, labor stand-
16 ards, and the environment, upon a finding that the waiver
17 or alternative requirement is not inconsistent with the
18 overall purposes of such Act and that the waiver or alter-
19 native requirement is necessary to facilitate the use of
20 amounts made available under this section.
21 (i) IMPLEMENTATION.—The Secretary shall have the
22 authority to issue such regulations notices, or other guid-
23 ance, forms, instructions, and publications to carry out the
24 programs, projects, or activities authorized under this sec-
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1 tion to ensure that such programs, projects, or activities
2 are completed in a timely and effective manner.
3 SEC. 40104. STRENGTHENING RESILIENCE UNDER NA-
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1 (2) USE OF SAVINGS FOR FLOOD MAPPING.—In
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1 (2) TERMS AND CONDITIONS.—
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1 established under section 1310 of the National
2 Flood Insurance Act of 1968 (42 U.S.C. 4017)
3 an amount equal to those discounts and admin-
4 istrative expenses, except to the extent that sec-
5 tion 1310A of the National Flood Insurance
6 Act of 1968 (42 U.S.C. 4017a) applies to any
7 portion of those discounts or administrative ex-
8 penses, in which case the Administrator shall
9 deposit an amount equal to those amounts to
10 which such section 1310A applies in the Na-
11 tional Flood Insurance Reserve Fund estab-
12 lished under such section 1310A.
13 (C) REQUIREMENT ON TIMING.—Not later
14 than 21 months after the date of the enactment
15 of this section, the Administrator shall issue in-
16 terim guidance to implement this subsection
17 which shall expire on the later of—
18 (i) the date that is 60 months after
19 the date of the enactment of this section;
20 or
21 (ii) the date on which a final rule
22 issued to implement this subsection takes
23 effect.
24 (3) DEFINITIONS.—In this subsection:
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1 (A) ADMINISTRATOR.—The term ‘‘Admin-
2 istrator’’ means the Administrator of the Fed-
3 eral Emergency Management Agency.
4 (B) COVERED PROPERTY.—The term ‘‘cov-
5 ered property’’ means—
6 (i) a primary residential dwelling de-
7 signed for the occupancy of from 1 to 4
8 families; or
9 (ii) personal property relating to a
10 dwelling described in clause (i) or personal
11 property in the primary residential dwell-
12 ing of a renter.
13 (C) ELIGIBLE POLICYHOLDER.—The term
14 ‘‘eligible policyholder’’ means a policyholder
15 with a household income that is not more than
16 120 percent of the area median income for the
17 area in which the property to which the policy
18 applies is located.
19 (D) INSURANCE COSTS.—The term ‘‘insur-
20 ance costs’’ means insurance premiums, fees,
21 and surcharges charged under the National
22 Flood Insurance Program, with respect to a
23 covered property for a year.
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1 SEC. 40105. COMMUNITY RESTORATION AND REVITALIZA-
2 TION FUND.
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1 (2) $500,000,000 for planning and implementa-
2 tion grants under section 101, 102, 103, 104(a)
3 through 104(i), 104(l), 104(m), 105(a) through
4 105(g), 106(a)(2), 106(a)(4), 106(b) through
5 106(f), 109, 110, 111, 113, 115, 116, 120, and 122
6 of the Housing and Community Development Act of
7 1974 (42 U.S.C. 5301, 5302, 5303, 5304(a)-(i),
8 5304(l), 5304(m), 5305(a)-(g), 5306(a)(2)
9 5306(a)(4), 5306(b)-(f), 5309, 5310, 5311, 5313,
10 5314, 5315, 5316, 5319, and 5321), awarded on a
11 competitive basis to eligible recipients to create, ex-
12 pand, and maintain community land trusts and
13 shared equity homeownership, including through the
14 acquisition, rehabilitation, and new construction of
15 affordable, accessible housing;
16 (3) $400,000,000 for the Secretary to provide
17 technical assistance, capacity building, and program
18 support to applicants, potential applicants, and re-
19 cipients of amounts appropriated for grants under
20 this section; and
21 (4) $100,000,000 for the costs to the Secretary
22 of administering and overseeing the implementation
23 of this section and community and economic develop-
24 ment programs overseen by the Secretary generally,
25 including information technology, financial report-
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1 ing, research and evaluations, and other cross-pro-
2 gram costs in support of programs administered by
3 the Secretary in this title, and other costs.
4 (b) ESTABLISHMENT OF FUND.—The Secretary of
5 Housing and Urban Development (in this section referred
6 to as the ‘‘Secretary’’) shall establish a Community Res-
7 toration and Revitalization Fund (in this section referred
8 to as the ‘‘Fund’’) to award planning and implementation
9 grants on a competitive basis to eligible recipients as de-
10 fined in this section for activities authorized under sub-
11 sections (a) through (g) of section 105 of the Housing and
12 Community Development Act of 1974 (42 U.S.C. 5305)
13 and under this section for community-led affordable hous-
14 ing and civic infrastructure projects.
15 (c) ELIGIBLE GEOGRAPHICAL AREAS, RECIPIENTS,
16 AND APPLICANTS.—
17 (1) GEOGRAPHICAL AREAS.—The Secretary
18 shall award grants from the Fund to eligible recipi-
19 ents within geographical areas at the neighborhood,
20 county, or census tract level, including census tracts
21 adjacent to the project area that are areas in need
22 of investment, as demonstrated by two or more of
23 the following factors:
24 (A) High and persistent rates of poverty.
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1 (B) Population at risk of displacement due
2 to rising housing costs.
3 (C) Dwelling unit sales prices that are
4 lower than the cost to acquire and rehabilitate,
5 or build, a new dwelling unit.
6 (D) High proportions of residential and
7 commercial properties that are vacant due to
8 foreclosure, eviction, abandonment, or other
9 causes.
10 (E) Low rates of homeownership by race
11 and ethnicity, relative to the national homeown-
12 ership rate.
13 (2) ELIGIBLE RECIPIENT.—An eligible recipient
14 of a planning or implementation grant under sub-
15 section (b)(1) or an implementation grant under
16 subsection (b)(2) shall be a local partnership of a
17 lead applicant and one or more joint applicants with
18 the ability to administer the grant. An eligible recipi-
19 ent of a planning grant under subsection (b)(2) shall
20 be a lead applicant with the ability to administer the
21 grant, including a regional, State, or national non-
22 profit.
23 (d) ELIGIBLE RECIPIENTS AND APPLICANTS.—
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1 (1) LEAD APPLICANT.—An eligible lead appli-
2 cant for a grant awarded under this section shall
3 be—
4 (A)(i) a nonprofit organization that is lo-
5 cated within or serves the geographical area of
6 the project or that derives its mission and oper-
7 ational priorities from the needs of the geo-
8 graphical area of the project, demonstrates a
9 commitment to anti-displacement efforts, and
10 has expertise in community planning, engage-
11 ment, organizing, housing and community de-
12 velopment;
13 (ii) if the geographical area of the project
14 is located in any area where no such local non-
15 profit organization exists, a national nonprofit
16 organization with such expertise;
17 (B) a community development corporation,
18 that is located within or serves the geographical
19 area of the project and can demonstrate a track
20 record of making investments in the geo-
21 graphical area of the project, and demonstrates
22 a commitment to anti-displacement efforts;
23 (C) a community housing development or-
24 ganization, defined in section 104 of the Cran-
25 ston-Gonzalez National Affordable Housing Act
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750
1 (42 U.S.C. 12704) or a community-based devel-
2 opment organization, that is located within or
3 serves the geographical area of the project and
4 experienced in neighborhood revitalization, com-
5 munity-based economic development, housing
6 development activities, and demonstrates a com-
7 mitment to anti-displacement efforts; or
8 (D) a community development financial in-
9 stitution, as defined by section 103 of the Rie-
10 gle Community Development and Regulatory
11 Improvement Act of 1994 (12 U.S.C. 4702),
12 that is located within or serves the geographical
13 area of the project, demonstrates a commitment
14 to anti-displacement efforts, and has a track
15 record of making investments in the geographic
16 project area.
17 (2) JOINT APPLICANTS.—A joint applicant shall
18 be a local, regional or national entity that is an eligi-
19 ble lead applicant or a local, regional, or national
20 nonprofit, governmental, special purpose nonprofit,
21 or public housing entity.
22 (e) USES OF FUNDS.—
23 (1) IN GENERAL.—Planning and implementa-
24 tion grants awarded under this section shall be used
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1 to support civic infrastructure and housing-related
2 activities.
3 (2) IMPLEMENTATION GRANTS.—Implementa-
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1 to a household whose income does not exceed
2 80 percent of the median income for the area,
3 as determined by the Secretary, for a period of
4 not less than 30 years;
5 (D) facilitating the creation, maintenance,
6 or availability of homeownership units afford-
7 able and accessible to households whose incomes
8 do not exceed 120 percent of the median in-
9 come for the area, as determined by the Sec-
10 retary;
11 (E) establishing or operating land banks;
12 and
13 (F) providing assistance to existing resi-
14 dents experiencing economic distress or at risk
15 of displacement, including purchasing nonper-
16 forming mortgages and clearing and obtaining
17 formal title.
18 (3) COMMUNITY LAND TRUST GRANTS AND
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1 program, and expanding the capacity of the recipient
2 to carry out the grant.
3 (f) WAIVERS.—The Secretary may waive or specify
4 alternative requirements for any provision of subsection
5 (a)(1) or (a)(2), or regulation for the administration of
6 the amounts made available under this section other than
7 requirements related to fair housing, nondiscrimination,
8 labor standards, and the environment, upon a finding that
9 the waiver or alternative requirement is not inconsistent
10 with the overall purposes of such Act and that the waiver
11 or alternative requirement is necessary to expedite or fa-
12 cilitate the use of amounts made available under this sec-
13 tion.
14 (g) DEFINITIONS.—For purposes of this section, the
15 following definitions shall apply:
16 (1) COMMUNITY LAND TRUST.—The term
17 ‘‘community land trust’ ’’ means a nonprofit organi-
18 zation or State or local governments or instrumen-
19 talities that—
20 (A) use a ground lease or deed covenant
21 with an affordability period of at least 30 years
22 or more to—
23 (i) make rental and homeownership
24 units affordable to households; and
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1 (ii) stipulate a preemptive option to
2 purchase the affordable rentals or home-
3 ownership units so that the affordability of
4 the units is preserved for successive in-
5 come-eligible households; and
6 (B) monitor properties to ensure afford-
7 ability is preserved.
8 (2) LAND BANK.—The term ‘‘land bank’’
9 means a government entity, agency, or program, or
10 a special purpose nonprofit entity formed by one or
11 more units of government in accordance with State
12 or local land bank enabling law, that has been des-
13 ignated by one or more State or local governments
14 to acquire, steward, and dispose of vacant, aban-
15 doned, or other problem properties in accordance
16 with locally-determined priorities and goals.
17 (3) SHARED EQUITY HOMEOWNERSHIP PRO-
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1 similar mechanism that includes provisions ensuring
2 that the program shall—
3 (A) maintain the home as affordable for
4 subsequent very low-, low-, or moderate-income
5 families for an affordability term of at least 30
6 years after recordation;
7 (B) apply a resale formula that limits the
8 homeowner’s proceeds upon resale; and
9 (C) provide the program administrator or
10 such administrator’s assignee a preemptive op-
11 tion to purchase the homeownership unit from
12 the homeowner at resale.
13 (h) IMPLEMENTATION.—The Secretary shall have au-
14 thority to issue such regulations, notices, or other guid-
15 ance, forms, instructions, and publications to carry out the
16 programs, projects, or activities authorized under this sec-
17 tion to ensure that such programs, projects, or activities
18 are completed in a timely and effective manner.
19 SEC. 40106. FAIR HOUSING ACTIVITIES AND INVESTIGA-
20 TIONS.
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1 (1) $540,000,000, to remain available until
2 September 30, 2026, for the Fair Housing Initia-
3 tives Program under section 561 of the Housing and
4 Community Development Act of 1987 (42 U.S.C.
5 3616a) to ensure existing and new fair housing or-
6 ganizations have expanded and strengthened capac-
7 ity to address fair housing inquiries and complaints,
8 conduct local, regional, and national testing and in-
9 vestigations, conduct education and outreach activi-
10 ties, and address costs of delivering or adapting
11 services to meet increased housing market activity
12 and evolving business practices in the housing, hous-
13 ing-related, and lending markets. Amounts made
14 available under this section shall support greater or-
15 ganizational continuity and capacity, including
16 through up to 10-year grants; and
17 (2) $160,000,000, to remain available until
18 September 30, 2031, for the costs to the Secretary
19 of administering and overseeing the implementation
20 of this section and the Fair Housing Initiatives and
21 Fair Housing Assistance Programs generally, includ-
22 ing information technology, financial reporting, re-
23 search and evaluations, other cross-program costs in
24 support of programs administered by the Secretary
25 in this title, and other costs.
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1 (b) IMPLEMENTATION.—The Secretary shall have au-
2 thority to issue such regulations, notices, or other guid-
3 ance, forms, instructions, and publications to carry out the
4 programs, projects, or activities authorized under this sec-
5 tion to ensure that such programs, projects, or activities
6 are completed in a timely and effective manner.
7 Subtitle C—Homeownership
8 Investments
9 SEC. 40201. FIRST-GENERATION DOWNPAYMENT ASSIST-
10 ANCE.
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758
1 prices, to carry out the eligible uses of the Fund as
2 described in subsection (c);
3 (2) $2,275,000,000, to remain available until
4 September 30, 2026, for the First-Generation Down-
5 payment Assistance Program under this section for
6 competitive grants to eligible entities to carry out
7 the eligible uses of the Fund as described in sub-
8 section (d);
9 (3) $500,000,000, to remain available until
10 September 30, 2031, for the costs of providing hous-
11 ing counseling required under the First-Generation
12 Downpayment Assistance Program under subsection
13 (c)(1); and
14 (4) $400,000,000, to remain available until
15 September 30, 2031, for the costs to the Secretary
16 of Housing and Urban Development of admin-
17 istering and overseeing the implementation of the
18 First-Generation Downpayment Assistance Program,
19 including information technology, financial report-
20 ing, programmatic reporting, ensuring fair housing
21 and fair lending compliance, research and evalua-
22 tions, which shall include the program’s impact on
23 racial and ethnic disparities in homeownership rates,
24 technical assistance to recipients of amounts under
25 this section, and other cross-program costs in sup-
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759
1 port to programs administered by the Secretary in
2 this Act, and other costs.
3 (b) ESTABLISHMENT.—The Secretary of Housing
4 and Urban Development shall establish and manage a
5 fund to be known as the First Generation Downpayment
6 Fund (in this section referred to as the ‘‘Fund’’) for the
7 uses set forth in subsection (d).
8 (c) ALLOCATION OF FUNDS.—
9 (1) INITIAL ALLOCATION.—The Secretary shall
10 allocate and award funding provided by subsection
11 (a) as provided under such subsection not later than
12 12 months after the date of the enactment of this
13 section.
14 (2) REALLOCATION.—If a State or eligible enti-
15 ty does not demonstrate the capacity to expend
16 grant funds provided under this section, the Sec-
17 retary may recapture amounts remaining available
18 to a grantee that has not demonstrated the capacity
19 to expend such funds in a manner that furthers the
20 purposes of this section and shall reallocate such
21 amounts among any other States or eligible entities
22 that have demonstrated to the Secretary the capac-
23 ity to expend such amounts in a manner that fur-
24 thers the purposes of this section.
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1 (d) TERMS AND CONDITIONS OF GRANTS ALLO-
2 CATED OR AWARDED FROM FUND.—
3 (1) USES OF FUNDS.—States and eligible enti-
4 ties receiving grants from the Fund shall use such
5 grants to provide assistance to or on behalf of a
6 qualified homebuyer who has completed a program
7 of housing counseling provided through a housing
8 counseling agency approved by the Secretary or
9 other adequate homebuyer education before entering
10 into a sales purchase agreement for—
11 (A) costs in connection with the acquisi-
12 tion, involving an eligible mortgage loan, of an
13 eligible home, including downpayment costs,
14 closing costs, and costs to reduce the rates of
15 interest on eligible mortgage loans;
16 (B) subsidies to make shared equity homes
17 affordable to eligible homebuyers; and
18 (C) pre-occupancy home modifications to
19 accommodate qualified homebuyers or members
20 of their household with disabilities;
21 (2) AMOUNT OF ASSISTANCE.—Assistance
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1 forgivable grants or non-amortizing, non-inter-
2 est-bearing loans; and
3 (B) may not exceed the greater of $20,000
4 or 10 percent of the purchase price in the case
5 of a qualified homebuyer, not to include assist-
6 ance received under subsection (d)(1)(A)(iii) for
7 disability related home modifications, except
8 that the Secretary may increase such maximum
9 limitation amounts in the case of a qualified
10 homebuyer who is economically disadvantaged.
11 (3) PROHIBITION OF PRIORITY.—In selecting
12 qualified homebuyers for assistance with grant
13 amounts under this section, a State or eligible entity
14 may not provide any priority or preference for home-
15 buyers who are acquiring eligible homes with a mort-
16 gage loan made, insured, guaranteed, or otherwise
17 assisted by the State housing finance agency for the
18 State, any other housing agency of the State, or an
19 eligible entity when applicable.
20 (4) REPAYMENT OF ASSISTANCE.—
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1 ance as the primary residence of the home-
2 buyer, except in the case of assistance provided
3 in connection with the purchase of a principal
4 residence through a shared equity homeowner-
5 ship program, the homebuyer shall repay to the
6 State or eligible entity, as applicable, in a pro-
7 portional amount of the assistance the home-
8 buyer receives based on the number of years
9 they have occupied the eligible home up to 5
10 years, except that no assistance shall be repaid
11 if the qualified homebuyer occupies the eligible
12 home as a primary residence for 5 years or
13 more.
14 (B) LIMITATION.—Notwithstanding sub-
15 paragraph (A), a homebuyer to or on behalf of
16 whom assistance is provided from grant
17 amounts under this section shall not be liable to
18 the State or eligible entity for the repayment of
19 the amount of such shortage if the homebuyer
20 fails or ceases to occupy the property acquired
21 using such assistance as the principal residence
22 of the homebuyer at least in part because of a
23 hardship, or sells the property acquired with
24 such assistance before the expiration of the 60-
25 month period beginning on such date of acquisi-
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1 tion and the capital gains from such sale to a
2 bona fide purchaser in an arm’s length trans-
3 action are less than the amount the homebuyer
4 is required to repay the State or eligible entity
5 under subparagraph (A).
6 (5) RELIANCE ON BORROWER ATTESTATIONS.—
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764
1 of the Treasury and targets services to low-in-
2 come and socially disadvantaged populations
3 and provides services in neighborhoods having
4 high concentrations of minority, low-income, or
5 socially disadvantaged populations;
6 (C) any other nonprofit entity that the
7 Secretary finds has a track record of providing
8 assistance to homeowners, targets services to
9 low-income and socially disadvantaged popu-
10 lations, and provides services in neighborhoods
11 having high concentrations of minority, low-in-
12 come, or socially disadvantaged populations;
13 and
14 (D) a unit of general local government, as
15 such term is defined in section 102 of the
16 Housing and Community Development Act of
17 1974 (42 U.S.C. 5302).
18 (2) ELIGIBLE HOME.—The term ‘‘eligible
19 home’’ means a residential dwelling that—
20 (A) consists of 1 to 4 dwelling units; and
21 (B) will be occupied by the qualified home-
22 buyer as the primary residence of the home-
23 buyer.
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1 (3) ELIGIBLE MORTGAGE LOAN.—The term ‘‘el-
2 igible mortgage loan’’ means a single-family residen-
3 tial mortgage loan that—
4 (A) meets the underwriting requirements
5 and dollar amount limitations for acquisition by
6 the Federal National Mortgage Association or
7 the Federal Home Loan Mortgage Corporation;
8 (B) is made, insured, or guaranteed under
9 any program administered by the Secretary;
10 (C) is made, insured, or guaranteed by the
11 Rural Housing Administrator of the Depart-
12 ment of Agriculture;
13 (D) is a qualified mortgage, as such term
14 is defined in section 129C(b)(2) of the Truth in
15 Lending Act (15 U.S.C. 1639c(b)(2)); or
16 (E) is made, insured, or guaranteed for the
17 benefit of a veteran.
18 (4) FIRST GENERATION HOMEBUYER.—The
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766
1 in a principal residence in any State, ex-
2 cluding ownership of heir property; and
3 (ii) whose spouse or domestic partner
4 has not, during the 3-year period ending
5 upon acquisition of the eligible home to be
6 acquired using such assistance, had any
7 present ownership interest in a principal
8 residence in any State, excluding owner-
9 ship of heir property, whether the indi-
10 vidual is a co-borrower on the loan or not;
11 or
12 (B) an individual who has at any time
13 been placed in foster care or institutional care
14 whose spouse or domestic partner has not, dur-
15 ing the 3-year period ending upon acquisition of
16 the eligible home to be acquired using such as-
17 sistance, had any ownership interest in a prin-
18 cipal residence in any State, excluding owner-
19 ship of heir property, whether such individuals
20 are co-borrowers on the loan or not.
21 (5) HEIR PROPERTY.—The term ‘‘heir prop-
22 erty’’ means residential property for which title
23 passed by operation of law through intestacy and is
24 held by two or more heirs as tenants in common.
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1 (6) OWNERSHIP INTEREST .—The term ‘‘own-
2 ership interest’’ means any ownership, excluding any
3 interest in heir property, in—
4 (A) real estate in fee simple;
5 (B) a leasehold on real estate under a lease
6 for not less than ninety-nine years which is re-
7 newable; or
8 (C) a fee interest in, or long-term leasehold
9 interest in, real estate consisting of a one-family
10 unit in a multifamily project, including a
11 project in which the dwelling units are attached,
12 or are manufactured housing units, semi-de-
13 tached, or detached, and an undivided interest
14 in the common areas and facilities which serve
15 the project.
16 (7) QUALIFIED HOMEBUYER.—The term
17 ‘‘qualified homebuyer’’ means a homebuyer—
18 (A) having an annual household income
19 that is less than or equal to—
20 (i) 120 percent of median income, as
21 determined by the Secretary, for—
22 (I) the area in which the home to
23 be acquired using such assistance is
24 located; or
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768
1 (II) the area in which the place
2 of residence of the homebuyer is lo-
3 cated; or
4 (ii) 140 percent of the median income,
5 as determined by the Secretary, for the
6 area within which the eligible home to be
7 acquired using such assistance is located if
8 the homebuyer is acquiring an eligible
9 home located in a high-cost area;
10 (B) who is a first-time homebuyer, as such
11 term is defined in section 104 of the Cranston-
12 Gonzalez National Affordable Housing Act (42
13 U.S.C. 12704), except that for the purposes of
14 this section the reference in such section 104 to
15 title II shall be considered to refer to this sec-
16 tion, and except that ownership of heir property
17 shall not be treated as owning a home for pur-
18 poses of determining whether a borrower quali-
19 fies as a first-time homebuyer; and
20 (C) who is a first-generation homebuyer.
21 (8) SECRETARY.—The term ‘‘Secretary’’ means
22 the Secretary of Housing and Urban Development.
23 (9) SHARED EQUITY HOMEOWNERSHIP PRO-
24 GRAM.—
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769
1 (A) IN GENERAL.—The term ‘‘shared eq-
2 uity homeownership program’’ means affordable
3 homeownership preservation through a resale
4 restriction program administered by a commu-
5 nity land trust, other nonprofit organization, or
6 State or local government or instrumentalities.
7 (B) AFFORDABILITY REQUIREMENTS.—
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1 signee a preemptive option to pur-
2 chase the homeownership unit from
3 the homeowner at resale.
4 (10) STATE.—The term ‘‘State’’ means any
5 State of the United States, the District of Columbia,
6 the Commonwealth of Puerto Rico, the United
7 States Virgin Islands, Guam, the Commonwealth of
8 the Northern Mariana Islands, and American
9 Samoa.
10 (f) IMPLEMENTATION.—The Secretary shall have au-
11 thority to issue such regulations, notices, or other guid-
12 ance, forms, instructions, and publications to carry out the
13 programs, projects, or activities authorized under this sec-
14 tion to ensure that such programs, projects, or activities
15 are completed in a timely and effective manner.
16 SEC. 40202. HOME LOAN PROGRAM.
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1 (2) $500,000,000 to the Secretary of Housing
2 and Urban Development for costs of carrying out
3 the program under paragraph (1) and programs of
4 the Federal Housing Administration and the Gov-
5 ernment National Mortgage Association generally,
6 including information technology, financial report-
7 ing, and other cross-program costs;
8 (3) $150,000,000 to the Secretary of Agri-
9 culture for the cost of guaranteed and insured loans
10 and other obligations, including the cost of modi-
11 fying such loans, under subsection (e)(1)(B);
12 (4) $50,000,000 to the Secretary of Agriculture
13 for the costs of carrying out the program under
14 paragraph (3) and programs of the Rural Housing
15 Service generally, including information technology
16 and financial reporting in support of the Program
17 administered by the Secretary of Agriculture in this
18 title; and
19 (5) $300,000,000 to the Secretary of Treasury
20 for the costs of carrying out the program under this
21 section.
22 (b) USE OF FUNDS.—
23 (1) IN GENERAL.—
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1 shall use the funds provided under subsections
2 (a)(1), (a)(2), (a)(3), and (a)(4) to carry out
3 the programs under subsections (a)(1) and
4 (a)(3) to make covered mortgage loans.
5 (B) The Secretary of the Treasury shall
6 use the funds provided under subsections (a)(5)
7 and (b)(2) to—
8 (i) purchase, on behalf of the Sec-
9 retary of Housing and Urban Develop-
10 ment, securities that are secured by cov-
11 ered mortgage loans, and sell, manage, and
12 exercise any rights received in connection
13 with, any financial instruments or assets
14 acquired pursuant to the authorities grant-
15 ed under this section, including, as appro-
16 priate, establishing and using vehicles to
17 purchase, hold, and sell such financial in-
18 struments or assets;
19 (ii) designate one or more banks, se-
20 curity brokers or dealers, asset managers,
21 or investment advisers, as a financial agent
22 of the Federal Government to perform du-
23 ties related to authorities granted under
24 this section; and
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773
1 (iii) use the services of the Depart-
2 ment of Housing and Urban Development
3 on a reimbursable basis, and the Secretary
4 of Housing and Urban Development is au-
5 thorized to provide services as requested by
6 the Secretary of Treasury using all au-
7 thorities vested in or delegated to the De-
8 partment of Housing and Urban Develop-
9 ment.
10 (2) TRANSFER OF AMOUNTS TO TREASURY.—
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774
1 Treasury through September 30, 2031, for purposes
2 of purchases under subsection (b)(1)(B)(i).
3 (c) LIMITATION ON AGGREGATE LOAN INSURANCE
4 OR GUARANTEE AUTHORITY.—The aggregate original
5 principal obligation of all covered mortgage loans insured
6 or guaranteed under subsection (e)(1)(A) of this section
7 may not exceed $48,000,000,000, and under section
8 (e)(1)(B) may not exceed $12,000,000,000.
9 (d) GNMA GUARANTEE AUTHORITY AND FEE.—To
10 carry out the purposes of this section, the Government Na-
11 tional Mortgage Association may enter into new commit-
12 ments to issue guarantees of securities based on or backed
13 by mortgages insured or guaranteed under this section,
14 not exceeding $60,000,000,000, and shall collect guaranty
15 fees consistent with section 306(g)(1) of the National
16 Housing Act (12 U.S.C. 1721(g)(1)) that are paid at
17 securitization.
18 (e) DEFINITIONS.—In this section:
19 (1) COVERED MORTGAGE LOAN.—
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1 (i) is insured by the Federal Housing
2 Administration pursuant to section 203(b)
3 of the National Housing Act, subject to the
4 eligibility criteria set forth in this sub-
5 section, and has a case number issued on
6 or before December 31, 2029;
7 (ii) is made for an original term of 20
8 years with a monthly mortgage payment of
9 principal and interest that is not more
10 than 110 percent and not less than 100
11 percent of the monthly payment of prin-
12 cipal, interest, and periodic mortgage in-
13 surance premium associated with a newly
14 originated 30-year mortgage loan with the
15 same loan balance insured by the agency
16 as determined by the Secretary;
17 (iii) subject to subparagraph (C) of
18 this paragraph and notwithstanding sec-
19 tion 203(c)(2) of the National Housing Act
20 (12 U.S.C. 1709(c)(2)), has a mortgage in-
21 surance premium of not more than 4 per-
22 cent of the loan balance that is paid at
23 closing, financed into the principal balance
24 of the loan, paid through an annual pre-
25 mium, or a combination thereof;
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1 (iv) involves a rate of interest that is
2 fixed over the term of the mortgage loan;
3 and
4 (v) is secured by a single-family resi-
5 dence that is the principal residence of an
6 eligible homebuyer.
7 (B) The term ‘‘covered mortgage loan’’
8 means, for purposes of the Program established
9 by the Secretary of Agriculture, a loan guaran-
10 teed under section 502(h) of the Housing Act
11 of 1949 (42 U.S.C. 1472(h)) that—
12 (i) notwithstanding section
13 502(h)(7)(A) of the Housing Act of 1949
14 (42 U.S.C. 1472(h)(7)(A)), is made for an
15 original term of 20 years with a monthly
16 mortgage payment of principal and interest
17 that is not more than 110 percent and not
18 less than 100 percent of the monthly pay-
19 ment of principal, interest, and loan guar-
20 antee fee associated with a newly origi-
21 nated 30-year mortgage loan with the
22 same loan balance guaranteed by the agen-
23 cy as determined by the Secretary; and
24 (ii) subject to subparagraph (C) of
25 this paragraph and notwithstanding sec-
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1 tion 502(h)(8)(A) of the Housing Act of
2 1949 (42 U.S.C. 1472(h)(8)(A)), has a
3 loan guarantee fee of not more than 4 per-
4 cent of the principal obligation of the loan.
5 (C) WAIVER AND ALTERNATIVE REQUIRE-
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1 (i) has an annual household income
2 that is less than or equal to—
3 (I) 120 percent of median income
4 for the area, as determined by the
5 Secretary of Housing and Urban De-
6 velopment for—
7 (aa) the area in which the
8 home to be acquired using such
9 assistance is located; or
10 (bb) the area in which the
11 place of residence of the home-
12 buyer is located; or
13 (II) if the homebuyer is acquiring
14 an eligible home that is located in a
15 high-cost area, 140 percent of the me-
16 dian income, as determined by the
17 Secretary, for the area within which
18 the eligible home to be acquired using
19 assistance provided under this section
20 is located;
21 (ii) is a first-time homebuyer, as de-
22 fined in paragraph (4) of this subsection;
23 and
24 (iii) is a first-generation homebuyer as
25 defined in paragraph (3) of this subsection;
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1 (B) for purposes of the Program estab-
2 lished by the Secretary of Agriculture—
3 (i) meets the applicable requirements
4 in section 502(h) of the Housing Act of
5 1949 (42 U.S.C. 1472(h)); and
6 (ii) is a first-time homebuyer as de-
7 fined in paragraph (4) of this subsection
8 and a first-generation homebuyer as de-
9 fined in paragraph (3) of this subsection.
10 (3) FIRST-GENERATION HOMEBUYER.—The
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1 ship of heir property, whether the indi-
2 vidual is a co-borrower on the loan or not;
3 or
4 (B) an individual who has at any time
5 been placed in foster care or institutional care
6 whose spouse or domestic partner has not, dur-
7 ing the 3-year period ending upon acquisition of
8 the eligible home to be acquired using such as-
9 sistance, had any ownership interest in a prin-
10 cipal residence in any State, excluding owner-
11 ship of heir property, whether such individuals
12 are co-borrowers on the loan or not.
13 (4) FIRST-TIME HOMEBUYER.—The term ‘‘first-
14 time homebuyer’’ means a homebuyer as defined in
15 section 104 of the Cranston-Gonzalez National Af-
16 fordable Housing Act (42 U.S.C. 12704), except
17 that for the purposes of this section the reference in
18 such section 12704(14) to title II shall be considered
19 to refer to this section, and except that ownership of
20 heir property shall not be treated as owning a home
21 for purposes of determining whether a borrower
22 qualifies as a first-time homebuyer.
23 (5) HEIR PROPERTY.—The term ‘‘heir prop-
24 erty’’ means residential property for which title
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1 passed by operation of law through intestacy and is
2 held by two or more heirs as tenants in common.
3 (6) OWNERSHIP INTEREST.—The term ‘‘owner-
4 ship interest’’ means any ownership, excluding any
5 interest in heir property, in—
6 (A) real estate in fee simple;
7 (B) a leasehold on real estate under a lease
8 for not less than ninety-nine years which is re-
9 newable; or
10 (C) a fee interest in, or long-term leasehold
11 interest in, real estate consisting of a one-family
12 unit in a multifamily project, including a
13 project in which the dwelling units are attached,
14 or are manufactured housing units, semi-de-
15 tached, or detached, and an undivided interest
16 in the common areas and facilities which serve
17 the project.
18 (7) STATE.—The term ‘‘State’’ means the
19 States of the United States, the District of Colum-
20 bia, the Commonwealth of Puerto Rico, the Com-
21 monwealth of the Northern Mariana Islands, Guam,
22 the Virgin Islands, American Samoa, the Trust Ter-
23 ritory of the Pacific Islands, and any other territory
24 or possession of the United States.
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1 (f) RELIANCE ON BORROWER ATTESTATIONS.—No
2 additional documentation beyond the borrower’s attesta-
3 tion shall be required to demonstrate eligibility under
4 clauses (ii) and (iii) of subsection (e)(2)(A) and clause (ii)
5 of subsection (e)(2)(B) and no State, eligible entity, or
6 creditor shall be subject to liability based on the accuracy
7 of such attestation.
8 (g) IMPLEMENTATION.—The Secretary of Housing
9 and Urban Development, the Secretary of Agriculture,
10 and the Secretary of Treasury shall have authority to issue
11 such regulations, notices, or other guidance, forms, in-
12 structions, and publications to carry out the programs,
13 projects, or activities authorized under this section to en-
14 sure that such programs, projects, or activities are com-
15 pleted in a timely and effective manner.
16 SEC. 40203. INVESTMENTS IN RURAL HOMEOWNERSHIP.
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783
1 the terms and conditions in subsection (b) of this
2 section;
3 (2) $10,000,000 for administrative expenses of
4 the Rural Housing Service of the Department of Ag-
5 riculture that in whole or in part support activities
6 funded by this section and related activities.
7 (b) TERMS AND CONDITIONS.—
8 (1) ELIGIBILITY.—Eligibility for grants from
9 amounts made available by subsection (a)(1) shall
10 not be subject to the limitations in section
11 3550.103(b) of title 7, Code of Federal Regulations.
12 (2) USES.—Notwithstanding the limitations in
13 section 3550.102(a) of title 7, Code of Federal Reg-
14 ulations, grants from amounts made available by
15 subsection (a)(2) shall be available for the eligible
16 purposes in section 3550.102(b) of title 7, Code of
17 Federal Regulations.
18 (c) IMPLEMENTATION.—The Administrator of the
19 Rural Housing Service shall have authority to issue such
20 regulations, notices, or other guidance, forms, instruc-
21 tions, and publications to carry out the programs,
22 projects, or activities authorized under this section to en-
23 sure that such programs, projects, or activities are com-
24 pleted in a timely and effective manner.
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1 Subtitle D—HUD Administration,
2 Capacity Building, Technical
3 Assistance, and Agency Over-
4 sight
5 SEC. 40301. PROGRAM ADMINISTRATION, TRAINING, TECH-
7 AND OVERSIGHT.
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785
1 ing insular areas, that require such assistance
2 with daily operations;
3 (2) $43,250,000 to the Office of Inspector Gen-
4 eral of the Department of Housing and Urban De-
5 velopment for necessary salaries and expenses for
6 conducting oversight of amounts provided by this
7 title;
8 (3) $5,000,000 to the Office of Inspector Gen-
9 eral of the Department of the Treasury for nec-
10 essary salaries and expenses for conducting oversight
11 of amounts provided by this title; and
12 (4) $2,500,000 to the Office of Inspector Gen-
13 eral of the Department of the Agriculture for nec-
14 essary salaries and expenses for conducting oversight
15 of amounts provided by this title.
16 Amounts appropriated by this section shall remain avail-
17 able until September 30, 2031.
18 (b) IMPLEMENTATION.—The Secretary of Housing
19 and Urban Development shall have authority to issue such
20 regulations, notices, or other guidance, forms, instruc-
21 tions, and publications to carry out the programs,
22 projects, or activities authorized under this section to en-
23 sure that such programs, projects, or activities are com-
24 pleted in a timely and effective manner.
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786
1 Subtitle E—Economic Development
2 SEC. 40401. MINORITY BUSINESS DEVELOPMENT AGENCY.
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787
1 (B) establish and provide Federal assist-
2 ance to minority business centers, specialty cen-
3 ters, and minority business enterprises;
4 (C) make grants to private, nonprofit orga-
5 nizations that can demonstrate that a primary
6 activity of the organization is to provide serv-
7 ices to minority business enterprises, priority
8 for which shall be given to organizations located
9 in a Federally recognized area of economic dis-
10 tress; and
11 (D) provide grants and assistance to mi-
12 nority-serving institutions of higher education
13 to develop and implement entrepreneurship cur-
14 ricula and participate in the business center
15 program of the Minority Business Development
16 Agency; and
17 (3) $400,000,000, to remain available until
18 September 30, 2029, to—
19 (A) establish not less than 5 regional of-
20 fices of the Minority Business Development
21 Agency, 1 of which shall be established in each
22 region of the United States, as determined by
23 the Secretary;
24 (B) assist the formation and growth of mi-
25 nority business enterprises;
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788
1 (C) collect data relating to the needs and
2 development of minority business enterprises;
3 and
4 (D) annually review the status of problems
5 and programs relating to capital formation by
6 minority business enterprises.
7 SEC. 40402. ENHANCED USE OF DEFENSE PRODUCTION ACT
8 OF 1950.
22 RITY AGENCY.
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789
1 ture Security Agency for fiscal year 2022, out of any
2 money in the Treasury not otherwise appropriated,
3 $100,000,000, to remain available until September 30,
4 2031, for improving the cybersecurity of Federal informa-
5 tion systems that are not national security systems (as de-
6 fined in paragraph (6) of section 3552 of title 44, United
7 States Code) and necessary mission support activities.
8 (b) CYBERSECURITY TRAINING.—In addition to
9 amounts otherwise made available, there is appropriated
10 to the Cybersecurity and Infrastructure Security Agency
11 for fiscal year 2022, out of any money in the Treasury
12 not otherwise appropriated, $15,000,000, to remain avail-
13 able until September 30, 2031, for the Cybersecurity Edu-
14 cation and Training Assistance Program, Federal assist-
15 ance grants under the Cybersecurity Education and Train-
16 ing Assistance Program, and necessary mission support
17 activities.
18 (c) CYBERSECURITY AWARENESS, TRAINING, AND
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790
1 ness, training, and workforce development, including nec-
2 essary mission support activities.
3 (d) MULTI-STATE INFORMATION SHARING AND
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791
1 cloud architecture activities, migration advisory services,
2 and cloud threat hunting capabilities of the Cybersecurity
3 and Infrastructure Security Agency.
4 (g) INDUSTRIAL CONTROL SYSTEMS SECURITY.—In
5 addition to amounts otherwise made available, there is ap-
6 propriated to the Cybersecurity and Infrastructure Secu-
7 rity Agency for fiscal year 2022, out of any money in the
8 Treasury not otherwise appropriated, $50,000,000, to re-
9 main available until September 30, 2031, for the purpose
10 of researching and developing the means by which to se-
11 cure operational technology and industrial control systems
12 against security vulnerabilities (as such term is defined
13 in section 102(17) of the Cybersecurity Information Shar-
14 ing Act of 2015 (6 U.S.C. 1501(17)).
15 SEC. 50002. CYBERSECURITY ASSISTANCE.
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792
1 ment and training to enhance efforts to address cybersecu-
2 rity risks (as defined in paragraph (2) of section 2201 of
3 the Homeland Security Act) and cybersecurity threats (as
4 defined in paragraph (3) of section 2201 of the Homeland
5 Security Act).
6 (b) MIGRATION TO .GOV DOMAIN.—In addition to
7 amounts otherwise made available, there is appropriated
8 for fiscal year 2022, out of any money in the Treasury
9 not otherwise appropriated, $20,000,000, to remain avail-
10 able until September 30, 2031, to the Administrator of
11 the Federal Emergency Management Agency, in consulta-
12 tion with the Cybersecurity and Infrastructure Security
13 Agency, to award grants, contracts, or cooperative agree-
14 ments to State, local, Tribal, and territorial governments
15 to carry out activities to migrating the online services of
16 such governments to the .gov internet domain.
17 (c) LIMITATION.—The Administrator of the Federal
18 Emergency Management Agency may not use amounts ap-
19 propriated under this section for activities under the Na-
20 tional Flood Insurance Act of 1968 or a function of the
21 Federal Emergency Management Agency relating to that
22 Act.
23 SEC. 50003. NONPROFIT SECURITY GRANT PROGRAM.
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793
1 any money in the Treasury not otherwise appropriated,
2 $50,000,000, to remain available until expended, to the
3 Administrator of Federal Emergency Management Agency
4 for the Nonprofit Security Grant Program for grants to
5 nonprofits under the Urban Area Security Initiative.
6 (b) OTHER AREAS.—In addition to amounts other-
7 wise available, there is appropriated, out of any money in
8 the Treasury not otherwise appropriated, $50,000,000, to
9 remain available until expended, to the Administrator of
10 the Federal Emergency Management Agency for the Non-
11 profit Security Grant Program for grants to nonprofits
12 under the State Homeland Security Grant Program.
13 (c) LIMITATION.—The Administrator of the Federal
14 Emergency Management Agency may not use amounts ap-
15 propriated under this section for activities under the Na-
16 tional Flood Insurance Act of 1968 or a function of the
17 Federal Emergency Management Agency relating to that
18 Act.
19 SEC. 50004. OFFICE OF CHIEF READINESS SUPPORT OFFI-
20 CER.
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794
1 Readiness Support Officer to carry out sustainability and
2 environmental programs.
3 TITLE VI—COMMITTEE ON THE
4 JUDICIARY
5 Subtitle A—Immigration
6 Provisions
7 SEC. 60001. REGISTRY.
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795
1 (1) 180 days after the date of the enactment of
2 this Act; or
3 (2) May 1, 2022.
4 SEC. 60002. RECAPTURE OF UNUSED IMMIGRANT VISA
5 NUMBERS.
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796
1 203(a) shall be increased by the number com-
2 puted under subparagraph (B).
3 ‘‘(B) UNUSED VISAS.—The number com-
4 puted under this subparagraph is the dif-
5 ference, if any, between—
6 ‘‘(i) the difference, if any, between—
7 ‘‘(I) the number of visas that
8 were originally made available to fam-
9 ily-sponsored immigrants under sec-
10 tion 201(c)(1) for fiscal years 1992
11 through 2021, setting aside any un-
12 used visas made available to such im-
13 migrants in such fiscal years under
14 section 201(c)(3); and
15 ‘‘(II) the number of visas de-
16 scribed in subclause (I) that were
17 issued under section 203(a), or, in ac-
18 cordance with section 201(d)(2)(C),
19 under section 203(b); and
20 ‘‘(ii) the number of visas resulting
21 from the calculation under clause (i) issued
22 under section 203(a) after fiscal year
23 2021.
24 ‘‘(2) EMPLOYMENT-BASED VISAS.—
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797
1 ‘‘(A) IN GENERAL.—Notwithstanding the
2 numerical limitations set forth in this section or
3 in sections 202 or 203, beginning in fiscal year
4 2022, the number of employment-based immi-
5 grant visas that may be issued under section
6 203(b) shall be increased by the number com-
7 puted under subparagraph (B).
8 ‘‘(B) UNUSED VISAS.—The number com-
9 puted under this paragraph is the difference, if
10 any, between—
11 ‘‘(i) the difference, if any, between—
12 ‘‘(I) the number of visas that
13 were originally made available to em-
14 ployment-based immigrants under sec-
15 tion 201(d)(1) for fiscal years 1992
16 through 2021, setting aside any un-
17 used visas made available to such im-
18 migrants in such fiscal years under
19 section 201(d)(2); and
20 ‘‘(II) the number of visas de-
21 scribed in subclause (I) that were
22 issued under section 203(b), or, in ac-
23 cordance with section 201(c)(3)(C),
24 under section 203(a); and
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798
1 ‘‘(ii) the number of visas resulting
2 from the calculation under clause (i) issued
3 under section 203(b) after fiscal year
4 2021.
5 ‘‘(3) DIVERSITY VISAS.—Notwithstanding sec-
6 tion 204(a)(1)(I)(ii)(II), an immigrant visa for an
7 alien selected in accordance with section 203(e)(2) in
8 fiscal year 2017, 2018, 2019, 2020, or 2021 shall
9 remain available to such alien (and the spouse and
10 children of such alien) if—
11 ‘‘(A) the alien was refused a visa, pre-
12 vented from seeking admission, or denied ad-
13 mission to the United States solely because of
14 Executive Order 13769, Executive Order
15 13780, Presidential Proclamation 9645, or
16 Presidential Proclamation 9983; or
17 ‘‘(B) because of restrictions or limitations
18 on visa processing, visa issuance, travel, or
19 other effects associated with the COVID–19
20 public health emergency—
21 ‘‘(i) the alien was unable to receive a
22 visa interview despite submitting an Online
23 Immigrant Visa and Alien Registration
24 Application (Form DS–260) to the Sec-
25 retary of State; or
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1 ‘‘(ii) the alien was unable to seek ad-
2 mission or was denied admission to the
3 United States despite being approved for a
4 visa under section 203(c).’’.
5 SEC. 60003. ADJUSTMENT OF STATUS.
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800
1 alien (and the spouse and children of such alien) to
2 lawful permanent resident, if such alien submits or
3 has submitted an application for adjustment of sta-
4 tus and—
5 ‘‘(A) such alien—
6 ‘‘(i) is the beneficiary of an approved
7 petition under subparagraph (A)(i) or
8 (B)(i)(I) of section 204(a)(1) that bears a
9 priority date that is more than 2 years be-
10 fore the date the alien requests an exemp-
11 tion from the numerical limitations; and
12 ‘‘(ii) pays a supplemental fee of
13 $2,500;
14 ‘‘(B) such alien—
15 ‘‘(i) is the beneficiary of an approved
16 petition under subparagraph (E) or (F) of
17 section 204(a)(1) that bears a priority date
18 that is more than 2 years before the date
19 the alien requests an exemption from the
20 numerical limitations; and
21 ‘‘(ii) pays a supplemental fee of
22 $5,000; or
23 ‘‘(C) such alien—
24 ‘‘(i) is the beneficiary of an approved
25 petition under subparagraph (H) of section
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801
1 204(a)(1) that bears a priority date that is
2 more than 2 years before the date the alien
3 requests an exemption from the numerical
4 limitations; and
5 ‘‘(ii) pays a supplemental fee of
6 $50,000.
7 ‘‘(3) EFFECTIVE DATE.—
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802
1 SEC. 60004. ADDITIONAL SUPPLEMENTAL FEES.
803
1 (3) $15,000 in connection with each petition
2 filed under subparagraph (H) of section 204(a)(1) of
3 the Immigration and Nationality Act (8 U.S.C.
4 1154(a)(1)).
5 (c) FORM I-94 OR FORM I-94W.—The Secretary of
6 Homeland Security shall collect from each individual who
7 is admitted to the United States as a nonimmigrant, and
8 is issued an electronic or paper arrival/departure record
9 (Form I-94 or Form I-94W, or any successor form), a
10 fee of $19.
11 (d) STUDENT AND EXCHANGE VISITORS.—In addi-
12 tion to any other fee collected from an approved institution
13 of higher education, other approved educational institu-
14 tion, or designated exchange visitor program in the United
15 States, in connection with nonimmigrants described in
16 subparagraph (F), (J), or (M) of section 101(a)(15) of
17 the Immigration and Nationality Act (8 U.S.C.
18 1101(a)(15)) enrolled in such institution or program, the
19 Secretary of Homeland Security shall collect a supple-
20 mental fee of $250 for each such nonimmigrant.
21 (e) PERMANENT RESIDENT CARD REPLACEMENT.—
22 In addition to any other fee collected in connection with
23 each Application to Replace Permanent Resident Card
24 (Form I-90, or any successor form), filed for purposes of
25 replacing an expired or expiring permanent resident card,
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804
1 the Secretary of Homeland Security shall collect a supple-
2 mental fee of $500.
3 (f) NONIMMIGRANT VISA PETITIONS.—In addition to
4 any other fee collected in connection with a petition filed
5 under section 214 of the Immigration and Nationality Act
6 (8 U.S.C. 1184), the Secretary of Homeland Security shall
7 collect a supplemental fee of $500 in connection with each
8 such petition for classification as a nonimmigrant under
9 subparagraph (E), (H)(i)(b), (L), (O), or (P) of section
10 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)).
11 (g) EXTEND/CHANGE STATUS.—In addition to any
12 other fee collected in connection with each Application to
13 Extend/Change Nonimmigrant Status (Form I-539, or
14 any successor form), the Secretary of Homeland Security
15 shall collect a supplemental fee of $500.
16 (h) EMPLOYMENT AUTHORIZATION.—In addition to
17 any other fee collected in connection with an application
18 for employment authorization (Form I-765, or any suc-
19 cessor form), the Secretary of Homeland Security shall
20 collect a supplemental fee of $500 for each such applica-
21 tion filed by an individual seeking such authorization as—
22 (1) the spouse of a nonimmigrant described in
23 subparagraph (E), (H), or (L) of section 101(a)(15)
24 of the Immigration and Nationality Act (8 U.S.C.
25 1101(a)(15));
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805
1 (2) a nonimmigrant described in section
2 101(a)(15)(F) of such Act (8 U.S.C.
3 1101(a)(15)(F)) to engage in optional practical
4 training; or
5 (3) as an applicant for adjustment of status
6 under section 245(a) of such Act (8 U.S.C.
7 1255(a)).
8 (i) NONIMMIGRANT VISAS.—In addition to any other
9 fee collected in connection with the issuance of a non-
10 immigrant visa, the Secretary of State shall collect a sup-
11 plemental fee in the amount of $75 in connection with
12 each such visa that is issued for a classification under sec-
13 tion 101(a)(15) of the Immigration and Nationality Act
14 (8 U.S.C. 1101(a)(15)).
15 (j) EFFECTIVE DATE.—The fees authorized by this
16 section shall take effect on the earlier of the date that
17 is—
18 (1) 180 days after the date of the enactment of
19 this Act; and
20 (2) May 1, 2022.
21 SEC. 60005. U.S. CITIZENSHIP AND IMMIGRATION SERVICES.
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806
1 available until expended, for the purpose of increasing the
2 capacity of U.S. Citizenship and Immigration Services to
3 adjudicate efficiently applications described in sections
4 249 of the Immigration and Nationality Act (8 U.S.C.
5 1259), as amended by section 60001 of this Act, and sec-
6 tion 245(n) of the Immigration and Nationality Act (8
7 U.S.C. 1255(n)), as added by 60003 of this Act, and to
8 reduce case processing backlogs.
9 Subtitle B—Community Violence
10 Prevention
11 SEC. 61001. FUNDING FOR COMMUNITY-BASED VIOLENCE
12 INTERVENTION INITIATIVES.
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1 (1) to award competitive grants or contracts to
2 units of local government, States, the District of Co-
3 lumbia, Indian Tribes, nonprofit community-based
4 organizations, victim services providers, or other en-
5 tities as determined by the Attorney General, to sup-
6 port evidence-informed intervention strategies to re-
7 duce community violence;
8 (2) to support training, technical assistance, re-
9 search, evaluation, and data collection on strategies
10 to effectively reduce community violence and ensure
11 public safety; and
12 (3) to support research, evaluation, and data
13 collection on the differing impact of community vio-
14 lence on demographic categories.
15 Subtitle C—Antitrust
16 SEC. 62001. ANTITRUST DIVISION.
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1 SEC. 62002. FEDERAL TRADE COMMISSION FUNDING FOR
3 FORCEMENT WORK.
809
1 Treasury not otherwise appropriated, $19,600,000, to re-
2 main available until September 30, 2031, for fish hatchery
3 operations and maintenance programs of the Bureau of
4 Indian Affairs.
5 (c) ADMINISTRATION.—In addition to amounts other-
6 wise available, there is appropriated to the Director of the
7 Bureau of Indian Affairs for fiscal year 2022, out of any
8 money in the Treasury not otherwise appropriated,
9 $9,400,000, to remain available until September 30, 2031,
10 for the administrative costs of carrying out this section.
11 None of the funds provided by this section shall be subject
12 to cost-sharing or matching requirements
13 (d) SMALL AND NEEDY PROGRAM.—Amounts made
14 available under this section shall be excluded from the cal-
15 culation of funds received by those Tribal governments
16 that participate in the ‘‘Small and Needy’’ program.
17 (e) DISTRIBUTION; USE OF FUNDS.—Amounts made
18 available under this section that are distributed to Indian
19 Tribes and Tribal organizations—
20 (1) shall be distributed on a 1-time basis; and
21 (2) shall only be used for the purposes identi-
22 fied under the applicable subsection.
23 SEC. 70102. NATIVE HAWAIIAN CLIMATE RESILIENCE.
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1 able, there is appropriated to the Senior Program Director
2 of the Office of Native Hawaiian Relations for fiscal year
3 2022, out of any money in the Treasury not otherwise ap-
4 propriated, $49,000,000, to remain available until Sep-
5 tember 30, 2031, to carry out, through financial assist-
6 ance, technical assistance, direct expenditure, grants, con-
7 tracts, or cooperative agreements, climate resilience and
8 adaptation activities that serve the Native Hawaiian Com-
9 munity.
10 (b) ADMINISTRATION.—In addition to amounts oth-
11 erwise available, there is appropriated to the Senior Pro-
12 gram Director of the Office of Native Hawaiian Relations
13 for fiscal year 2022, out of any money in the Treasury
14 not otherwise appropriated, $1,000,000, to remain avail-
15 able until September 30, 2031, for the administrative
16 costs of carrying out this section. None of the funds pro-
17 vided by this section shall be subject to cost-sharing or
18 matching requirements.
19 SEC. 70103. TRIBAL ELECTRIFICATION PROGRAM.
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1 (1) the provision of electricity to unelectrified
2 Tribal homes through renewable energy systems;
3 (2) transitioning electrified Tribal homes to re-
4 newable energy systems; and
5 (3) associated home repairs and retrofitting
6 necessary to install the renewable energy systems
7 authorized under paragraphs (1) and (2).
8 (b) ADMINISTRATION.—In addition to amounts oth-
9 erwise available, there is appropriated to the Director of
10 the Bureau of Indian Affairs for fiscal year 2022, out of
11 any money in the Treasury not otherwise appropriated,
12 $6,000,000, to remain available until September 30, 2031,
13 for the administrative costs of carrying out this section.
14 (c) SMALL AND NEEDY PROGRAM.—Amounts made
15 available under this section shall be excluded from the cal-
16 culation of funds received by those Tribal governments
17 that participate in the ‘‘Small and Needy’’ program.
18 (d) DISTRIBUTION; USE OF FUNDS.—Amounts made
19 available under this section that are distributed to Indian
20 Tribes and Tribal organizations—
21 (1) shall be distributed on a 1-time basis; and
22 (2) shall only be used for the purposes identi-
23 fied under the applicable subsection.
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1 SEC. 70104. EMERGENCY DROUGHT RELIEF FOR TRIBES.
13 CENTER.
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1 (2) land use planning and development that im-
2 pacts Indian Tribes and the Native Hawaiian Com-
3 munity; and
4 (3) infrastructure projects that impact Indian
5 Tribes and the Native Hawaiian Community.
6 (b) DEFINITION.—In this section, the term ‘‘Native
7 American’’ means—
8 (1) an Indian;
9 (2) a Native Hawaiian (as defined in paragraph
10 (10) of section 2 of the Native American Graves
11 Protection and Repatriation Act (25 U.S.C. 3001));
12 and
13 (3) a Native (as defined in subsection (b) of
14 section 3 of the Alaska Native Claims Settlement
15 Act (43 U.S.C. 1602)).
16 SEC. 70106. INDIAN HEALTH SERVICE.
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1 (b) MENTAL HEALTH AND SUBSTANCE USE DIS-
2 ORDERS.—In addition to amounts otherwise available,
3 there is appropriated to the Director of the Indian Health
4 Service for fiscal year 2022, out of any money in the
5 Treasury not otherwise appropriated, $123,716,000, to re-
6 main available until September 30, 2031, for mental
7 health and substance use prevention and treatment serv-
8 ices, including facility renovation, construction, or expan-
9 sion relating to mental health and substance use preven-
10 tion and treatment services.
11 (c) PRIORITY HEALTH CARE FACILITIES.—In addi-
12 tion to amounts otherwise available, there is appropriated
13 to the Director of the Indian Health Service for fiscal year
14 2022, out of any money in the Treasury not otherwise ap-
15 propriated, $1,000,000,000, to remain available until Sep-
16 tember 30, 2031, for projects identified through the health
17 care facility priority system.
18 (d) SMALL AMBULATORY.—In addition to amounts
19 otherwise available, there is appropriated to the Director
20 of the Indian Health Service for fiscal year 2022, out of
21 any money in the Treasury not otherwise appropriated,
22 $40,000,000, to remain available until September 30,
23 2031, for small ambulatory construction.
24 (e) URBAN INDIAN ORGANIZATIONS.—In addition to
25 amounts otherwise available, there is appropriated to the
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815
1 Director of the Indian Health Service for fiscal year 2022,
2 out of any money in the Treasury not otherwise appro-
3 priated, $100,000,000, to remain available until Sep-
4 tember 30, 2031, for the renovation, construction, expan-
5 sion, equipping, and improvement of facilities owned or
6 leased by an Urban Indian organization.
7 (f) EPIDEMIOLOGY CENTERS.—In addition to
8 amounts otherwise available, there is appropriated to the
9 Director of the Indian Health Service for fiscal year 2022,
10 out of any money in the Treasury not otherwise appro-
11 priated, $25,000,000, to remain available until September
12 30, 2031, for the epidemiology centers.
13 (g) ENVIRONMENTAL HEALTH AND FACILITIES SUP-
14 PORT ACTIVITIES.—In addition to amounts otherwise
15 available, there is appropriated to the Director of the In-
16 dian Health Service for fiscal year 2022, out of any money
17 in the Treasury not otherwise appropriated,
18 $113,284,000, to remain available until September 30,
19 2031, for environmental health and facilities support ac-
20 tivities of the Indian Health Service.
21 (h) DISTRIBUTION; USE OF FUNDS.—Amounts ap-
22 propriated under this section that are distributed to In-
23 dian Tribes and Tribal organizations—
24 (1) shall be distributed on a 1-time basis; and
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816
1 (2) shall only be used for the purposes identi-
2 fied under the applicable subsection.
3 SEC. 70107. TRIBAL PUBLIC SAFETY.
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817
1 (2) shall only be used for the purposes identi-
2 fied under the applicable subsection.
3 SEC. 70108. BUREAU OF INDIAN AFFAIRS AND TRIBAL
4 ROADS.
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1 Subtitle B—National Oceanic and
2 Atmospheric Administration
3 SEC. 70201. INVESTING IN COASTAL COMMUNITIES AND
4 CLIMATE RESILIENCE.
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819
1 provided by this section shall be subject to cost-sharing
2 or matching requirements.
3 SEC. 70202. PACIFIC SALMON RESTORATION AND CON-
4 SERVATION.
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1 agement plan or plan amendment approved by the Sec-
2 retary of Commerce under subsection (a) of section 301
3 of the Magnuson-Stevens Fishery Conservation and Man-
4 agement Act (16 U.S.C. 1851(a)), and for related admin-
5 istrative expenses.
6 SEC. 70204. MARINE FISHERIES AND MARINE MAMMAL
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821
1 SEC. 70205. FACILITIES OF THE NATIONAL OCEANIC AND
822
1 the Treasury not otherwise appropriated, $20,000,000, to
2 remain available until September 30, 2026, to provide for
3 the development of more efficient, accurate, and timely re-
4 views for planning, permitting and approval processes
5 through the hiring and training of personnel, the develop-
6 ment of programmatic documents, the procurement of
7 technical or scientific services for reviews, the development
8 of environmental data or information systems, stakeholder
9 and community engagement, the purchase of new equip-
10 ment for environmental analysis, and the development of
11 geographic information systems and other analysis tools,
12 techniques, and guidance to improve agency transparency,
13 accountability, and public engagement.
14 SEC. 70207. SEAFOOD IMPORT MONITORING PROGRAM.
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823
1 Subtitle C—United States Fish and
2 Wildlife Service
3 SEC. 70301. ENDANGERED SPECIES ACT RECOVERY PLANS.
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1 (b) ADMINISTRATIVE EXPENSES.—In addition to
2 amounts otherwise available, there is appropriated to the
3 United States Fish and Wildlife Service for fiscal year
4 2022, out of any money in the Treasury not otherwise ap-
5 propriated, $150,000, for necessary administrative ex-
6 penses associated with carrying out this section.
7 SEC. 70303. POLLINATOR CONSERVATION.
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1 SEC. 70304. MUSSEL CONSERVATION.
826
1 gered species and threatened species of desert fish in the
2 United States under paragraphs (1), (3), and (4) of sub-
3 section (f) of section 4 of the Endangered Species Act of
4 1973 (16 U.S.C. 1533(f)).
5 (b) ADMINISTRATIVE EXPENSES.—In addition to
6 amounts otherwise available, there is appropriated to the
7 United States Fish and Wildlife Service for fiscal year
8 2022, out of any money in the Treasury not otherwise ap-
9 propriated, $150,000, for necessary administrative ex-
10 penses associated with carrying out this section.
11 SEC. 70306. FUNDING FOR THE UNITED STATES FISH AND
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827
1 (2) increasing the resiliency and capacity of
2 habitats and infrastructure to withstand climate-in-
3 duced weather events; and
4 (3) reducing the amount of damage caused by
5 climate-induced weather events.
6 The United States Fish and Wildlife Service may provide
7 grants under this subsection with no cost-share require-
8 ment.
9 (b) ADMINISTRATIVE COSTS.—In addition to
10 amounts otherwise available, there is appropriated to the
11 United States Fish and Wildlife Service for fiscal year
12 2022, out of any money in the Treasury not otherwise ap-
13 propriated, $7,500,000, to remain available until Sep-
14 tember 30, 2026, for necessary administrative expenses
15 associated with carrying out this section.
16 SEC. 70307. WILDLIFE CORRIDOR CONSERVATION.
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828
1 (2) the conservation and restoration of wildlife
2 corridors; and
3 (3) addressing the conservation and restoration
4 of wildlife corridors—
5 (A) on land included in the National Wild-
6 life Refuge System; and
7 (B) on private land through—
8 (i) the Partners for Fish and Wildlife
9 Program of the United States Fish and
10 Wildlife Service;
11 (ii) the Coastal Program of the
12 United States Fish and Wildlife Service;
13 and
14 (iii) Migratory Bird Joint Ventures.
15 (b) ADMINISTRATIVE COSTS.—In addition to
16 amounts otherwise available, there is appropriated to the
17 United States Fish and Wildlife Service for fiscal year
18 2022, out of any money in the Treasury not otherwise ap-
19 propriated, $300,000, for necessary administrative ex-
20 penses associated with carrying out this section.
21 SEC. 70308. GRASSLAND RESTORATION.
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829
1 to remain available until expended to make direct expendi-
2 tures, award grants, and enter into contracts and coopera-
3 tive agreements for carrying out the protection and res-
4 toration of grassland habitats.
5 (b) ADMINISTRATIVE COSTS.—In addition to
6 amounts otherwise available, there is appropriated to the
7 United States Fish and Wildlife Service for fiscal year
8 2022, out of any money in the Treasury not otherwise ap-
9 propriated, $1,200,000, for necessary administrative ex-
10 penses associated with carrying out this section.
11 Subtitle D—Water Resources Re-
12 search and Technology Insti-
13 tutes
14 SEC. 70401. WATER RESOURCES RESEARCH AND TECH-
15 NOLOGY INSTITUTES.
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830
1 Subtitle E—Council on
2 Environmental Quality
3 SEC. 70501. ENVIRONMENTAL AND CLIMATE DATA COLLEC-
4 TION.
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831
1 SEC. 70502. COUNCIL ON ENVIRONMENTAL QUALITY EFFI-
3 VIEWS.
832
1 Ocean Energy Management, the Bureau of Reclamation,
2 the Bureau of Safety and Environmental Enforcement,
3 and the Office of Surface Mining Reclamation and En-
4 forcement through the hiring and training of personnel,
5 the development of programmatic documents, the procure-
6 ment of technical or scientific services for reviews, the de-
7 velopment of environmental data or information systems,
8 stakeholder and community engagement, the purchase of
9 new equipment for environmental analysis, and the devel-
10 opment of geographic information systems and other anal-
11 ysis tools, techniques, and guidance to improve agency
12 transparency, accountability, and public engagement.
13 Subtitle G—Public Lands
14 SEC. 70701. NATIONAL PARKS AND PUBLIC LANDS ECO-
15 SYSTEM RESILIENCE.
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1 SEC. 70702. NATIONAL PARKS AND PUBLIC LANDS ECO-
2 SYSTEM RESTORATION.
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834
1 (3) RESILIENCY OR RESTORATION PROJECTS.—
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1 tion of firefighting facilities; reduction of wildfire hazards
2 to communities through fuels projects within the wildland-
3 urban interface; burned area rehabilitation; rural fire as-
4 sistance; wildfire-related information technology and
5 geospatial analysis; deployment of remote sensing tech-
6 nologies; wildfire science and research, including fireshed
7 mapping; purchase, lease or contract of fixed-wing air-
8 craft; assessment and deployment of technologies to limit
9 disruptions to firefighting operations at night, in a de-
10 graded visual environment, or by unauthorized unmanned
11 aircraft system, including the feasibility of optionally-pi-
12 loted rotor-wing aircraft and containerized retardant-de-
13 livery systems; and for salaries and expenses for wildland
14 firefighters.
15 SEC. 70705. NATIONAL PARK SERVICE DEFERRED MAINTE-
17 HOUSING.
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836
1 of the National Park System and to provide housing, in-
2 cluding expenses necessary to provide housing, for—
3 (1) field employees of the National Park Service
4 pursuant to subchapter III of chapter 1013 of title
5 54, United States Code;
6 (2) field employees of the Bureau of Land Man-
7 agement in a manner similar to the provision of
8 housing under paragraph (1); and
9 (3) participants in corps programs performing
10 appropriate conservation projects or resiliency and
11 restoration projects under grants, contracts, or coop-
12 erative agreements with the National Park Service
13 or the Bureau of Land Management in a manner
14 similar to the provision of housing under paragraph
15 (1).
16 SEC. 70706. URBAN PARKS.
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1 areas, subject to the conditions that no property acquired
2 or developed with funding under this section shall be con-
3 verted to uses other than public outdoor recreation with-
4 out the approval of the Secretary. Such approval shall re-
5 quire assurances as the Secretary considers necessary to
6 ensure the substitution of other recreational properties of
7 equivalent or greater fair market value and of equivalent
8 usefulness and accessibility.
9 (b) ADMINISTRATIVE EXPENSES.—In addition to
10 amounts otherwise available, there is appropriated to the
11 Director of the National Park Service for fiscal year 2022,
12 out of any money in the Treasury not otherwise appro-
13 priated, $10,000,000, to remain available until September
14 30, 2026, for necessary administrative expenses associated
15 with carrying out this section.
16 SEC. 70707. HISTORIC PRESERVATION.
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1 vation or historic preservation as defined by section
2 300315 of title 54, United States Code.
3 SEC. 70708. NATIONAL HERITAGE AREAS.
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839
1 Subtitle H—Drought Response and
2 Preparedness
3 SEC. 70801. BUREAU OF RECLAMATION POTABLE WATER
4 SUPPLY PROJECTS.
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1 main available until expended, for grants, contracts, or fi-
2 nancial assistance agreements to disadvantaged commu-
3 nities (identified according to criteria adopted by the Com-
4 missioner) in a manner as determined by the Commis-
5 sioner for up to 100 percent of the cost of the planning,
6 design, or construction of water projects the primary pur-
7 pose of which is to provide potable water supplies to com-
8 munities or households that do not have reliable access
9 to potable water in a State or territory described in the
10 first section of the Act of June 17, 1902 (43 U.S.C. 391;
11 32 Stat. 388, chapter 1093).
12 SEC. 70802. LARGE SCALE WATER REUSE.
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841
1 tion of entities described in subparagraphs (A)
2 and (B).
3 (2) RECLAMATION STATE.—The term ‘‘Rec-
4 lamation State’’ means a State or territory described
5 in the first section of the Act of June 17, 1902 (32
6 Stat. 388, chapter 1093; 43 U.S.C. 391).
7 (b) IN GENERAL.—In addition to amounts otherwise
8 available, there is appropriated to the Bureau of Reclama-
9 tion for fiscal year 2022, out of any money in the Treasury
10 not otherwise appropriated, $100,000,000, to remain
11 available until September 30, 2031, to provide nonreim-
12 bursable grants on a competitive basis to eligible entities
13 that shall not exceed 25 percent of the total cost of an
14 eligible project unless the project advances at least a pro-
15 portionate share of authorized nonreimbursable benefits
16 (including benefits provided through measurable reduc-
17 tions in water diversions from a river basin that is associ-
18 ated with or affected by, or located within the same river
19 basin as a Federal reclamation project) up to a maximum
20 75 percent of the total costs of an eligible project, to carry
21 out the planning, design, and construction of projects to
22 reclaim and reuse municipal, industrial, domestic, or agri-
23 cultural wastewater or impaired ground or surface waters
24 that have a total estimated cost of more than
25 $500,000,000 and that provide benefits to drought strick-
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842
1 en regions within the Reclamation States for the purposes
2 of—
3 (1) helping to advance water management plans
4 across a multi-state area, such as drought contin-
5 gency plans in the Colorado River Basin; and
6 (2) providing multiple benefits, including water
7 supply reliability benefits for drought-stricken
8 States, Tribes, and communities, and benefits from
9 measurable reductions in water diversions.
10 (c) TOTAL DOLLAR CAP.—The Bureau of Reclama-
11 tion shall not impose a total dollar cap on Federal con-
12 tributions that applies to all individual projects funded
13 under this section.
14 (d) FUNDING ELIGIBILITY.—An eligible project shall
15 not be considered ineligible for assistance under this sec-
16 tion because the project has received assistance authorized
17 under title XVI of Public Law 102–575 or section 4009
18 of Public Law 114–322.
19 (e) TREATMENT OF CONVEYANCE.—The Bureau of
20 Reclamation shall consider the planning, design, and con-
21 struction of an eligible project’s conveyance system to be
22 eligible for grant funding under this section.
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843
1 SEC. 70803. ADDRESSING REDUCED WATER AVAILABILITY
844
1 that in aggregate shall not exceed 33 percent of the total
2 cost of an eligible project to carry out the planning, de-
3 sign, and construction of projects to make major, non-re-
4 curring maintenance repairs to water conveyance facilities
5 that do not enlarge the carrying capacity of a conveyance
6 facility beyond the capacity as previously constructed for
7 conveyance facilities in need of emergency capacity res-
8 toration due to subsidence and experiencing exceptional
9 drought for the purposes of increasing drought resiliency,
10 primarily through groundwater recharge.
11 (b) SOLAR CANAL INTEGRATION.—In addition to
12 amounts otherwise available, there is appropriated to the
13 Bureau of Reclamation for fiscal year 2022, out of any
14 money in the Treasury not otherwise appropriated,
15 $25,000,000, to remain available until September 30,
16 2031, for the design, study, and implementation of
17 projects (including pilot and demonstration projects) to
18 cover conveyance facilities receiving grants under sub-
19 section (a) with solar panels to generate renewable energy
20 in a manner as determined by the Secretary or for other
21 solar projects associated with Bureau of Reclamation
22 projects that increase water efficiency and assist in imple-
23 mentation of clean energy goals.
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1 Subtitle I—Insular Affairs
2 SEC. 70901. INSULAR AFFAIRS CRITICAL INFRASTRUCTURE
3 FUNDING.
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846
1 Department of the Interior Office of Insular Affairs for
2 fiscal year 2022, out of any money in the Treasury not
3 otherwise appropriated, $900,000, to remain available
4 until September 30, 2026, for necessary administrative ex-
5 penses associated with carrying out this section.
6 SEC. 70903. DEFINITIONS.
18 CONTINENTAL SHELF.
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1 the map entitled ‘‘Outer Continental Shelf Lower 48
2 States Planning Areas’’ and dated October 18, 2021.
3 SEC. 71002. OFFSHORE WIND FOR THE TERRITORIES.
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1 centrates or products derived from locatable minerals from
2 any such mining claim on Federal lands, as the case may
3 be, shall be subject to a royalty of 4 percent of the gross
4 income from mining. The claim holder or any operator to
5 whom the claim holder has assigned the obligation to make
6 royalty payments under the claim and any person who
7 controls such claim holder or operator shall be liable for
8 payment of such royalties.
9 (b) ROYALTY FOR FEDERAL LANDS SUBJECT TO AP-
10 PROVED PLAN OF OPERATIONS.—The royalty under sub-
11 section (a) shall be 2 percent in the case of any Federal
12 land that is subject to an approved plan of operations on
13 the date of enactment of this section.
14 (c) FEDERAL LAND ADDED TO EXISTING PLANS OF
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1 son had annual gross income in the preceding cal-
2 endar year from mineral production in an amount
3 less than $100,000.
4 (2) RELATED PARTIES DEFINED.—For the pur-
5 poses of this paragraph, the term ‘‘related parties’’
6 means, with respect to a person—
7 (A) the spouse and all dependents (as de-
8 fined in section 152 of the Internal Revenue
9 Code of 1986 (26 U.S.C. 152)) of the person;
10 or
11 (B) another person who is affiliated with
12 the person, including—
13 (i) another person who controls, is
14 controlled by, or is under common control
15 with the person; and
16 (ii) a subsidiary or parent company or
17 corporation of the person.
18 (3) CONTROL DEFINED.—For purposes of this
19 paragraph, the term ‘‘control’’ includes actual con-
20 trol, legal control, and the power to exercise control,
21 through or by common directors, officers, stock hold-
22 ers, a voting trust, or a holding company or invest-
23 ment company, or any other means.
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1 (e) DUTIES OF CLAIM HOLDERS, OPERATORS, AND
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1 spond to hazardous substance releases on, and remediate
2 abandoned locatable minerals mine land, including to re-
3 vise rules and regulations to prevent undue degradation
4 of public lands due to hardrock mining activities.
5 Subtitle L—Arctic National Wildlife
6 Refuge
7 SEC. 71201. REPEAL OF THE ARCTIC NATIONAL WILDLIFE
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1 Shelf Lower 48 States Planning Areas’’ and dated October
2 18, 2021.
3 Subtitle N—Fossil Fuel Resources
4 SEC. 71401. ONSHORE FOSSIL FUEL ROYALTY RATES.
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853
1 every 4 years, adjust the dollar amount to reflect the
2 change in inflation.
3 SEC. 71404. DEFERRED COAL BONUS PAYMENTS.
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854
1 may be accepted in lieu of the condition of continued oper-
2 ation shall not exceed 10 years.
3 (b) Leases for exploration for and development of oil
4 or gas in the contiguous United States issued by the Sec-
5 retary of the Interior shall be for a primary term of 5
6 years.
7 SEC. 71407. EXPRESSION OF INTEREST FEE.
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1 SEC. 71408. ELIMINATION OF NONCOMPETITIVE LEASING.
856
1 or surface waters adversely affected by lease operations,
2 and, in the case of an idled well, the total plugging and
3 reclamation costs for each idled well controlled by the
4 same operator.
5 SEC. 71410. PER-ACRE LEASE FEES.
25 (a) IN GENERAL.—
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857
1 (1) ESTABLISHMENT.—The Secretary of the In-
2 terior shall collect inspection fees from the operators
3 of oil and gas facilities on the outer continental shelf
4 subject to any environmental or safety regulation to
5 prevent or ameliorate blowouts, fires, spills,
6 spillages, or major accidents—
7 (A) at an aggregate level to offset the an-
8 nual expenses of such inspections; and
9 (B) using a schedule that reflect the dif-
10 ferences in complexity among the classes of fa-
11 cilities to be inspected.
12 (2) ADJUSTMENT FOR INFLATION.—For each
13 fiscal year beginning after fiscal year 2022, the Sec-
14 retary of the Interior shall adjust the amount of the
15 fees collected under this section for inflation.
16 (3) FEES FOR FISCAL YEAR 2022.—
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1 (ii) $18,984 for facilities with 1 to 10
2 wells, with any combination of active or in-
3 active wells.
4 (iii) $35,176 for facilities with more
5 than 10 wells, with any combination of ac-
6 tive or inactive wells.
7 (B) FEES FOR DRILLING RIGS.—For fiscal
8 year 2022, the Secretary of the Interior shall
9 collect fees for each inspection from the opera-
10 tors of drilling rigs in the following amounts:
11 (i) $34,059 per inspection for rigs op-
12 erating in water depths of 500 feet or
13 more.
14 (ii) $18,649 per inspection for rigs
15 operating in water depths of less than 500
16 feet.
17 (C) FEES FOR NON-RIG UNITS.—For fiscal
18 year 2022, the Secretary of the Interior shall
19 collect fees for each inspection from the opera-
20 tors of well operations conducted via non-rig
21 units in the following amounts:
22 (i) $13,260 per inspection for non-rig
23 units operating in water depths of 2,500
24 feet or more.
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1 (ii) $11,530 per inspection for non-rig
2 units operating in water depths between
3 500 and 2,499 feet.
4 (iii) $4,470 per inspection for non-rig
5 units operating in water depths of less
6 than 500 feet.
7 (b) DISPOSITION.—Amounts collected as fees under
8 subsection (a) shall be deposited into the general fund of
9 the Treasury.
10 (c) BILLING.—
11 (1) ANNUAL FEES.—The Secretary of the Inte-
12 rior shall bill designated operators under subsection
13 (a)(3)(A) annually, with payment required not later
14 than 30 days after such billing.
15 (2) FEES FOR DRILLING RIGS.—The Secretary
16 of the Interior shall bill designated operators under
17 subsection (a)(3)(B) not later than 30 days after the
18 end of the month in which the inspection occurred,
19 with payment required not later than 30 days after
20 such billing.
21 SEC. 71412. ONSHORE OIL AND GAS INSPECTION FEES.
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860
1 is in force at the start of the fiscal year 2021, shall pay
2 a nonrefundable annual inspection fee in an amount that,
3 except as provided in subsection (b), is established by the
4 Secretary of the Interior by regulation and is sufficient
5 to recover the full costs incurred by the United States for
6 inspection and enforcement with respect to such leases.
7 (b) AMOUNT.—Until the effective date of regulations
8 under subsection (a)—
9 (1) the amount of the fee for all States shall be
10 $1,000 for each lease, unit, or communitization
11 agreement; and
12 (2) the Secretary of the Interior may increase
13 the fees based upon the actual costs incurred for in-
14 spections.
15 (c) ASSESSMENT FOR FISCAL YEAR 2022.—For fis-
16 cal year 2022, the Secretary of the Interior shall assess
17 the fee described under this section at $1,000 for each
18 lease, unit, or communitization agreement, and shall pro-
19 vide notice of such assessment to each designated operator
20 who is liable for such fee, by not later than 60 days after
21 the date of enactment of this section.
22 SEC. 71413. SEVERANCE FEES.
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1 and deposit the funds into the United States Treasury
2 General Fund. Such fees shall be—
3 (1) $0.50 per barrel of oil equivalent on oil and
4 natural gas produced from Federal lands and the
5 Outer Continental Shelf; and
6 (2) $2 per metric ton of coal produced from
7 Federal lands.
8 SEC. 71414. IDLED WELL FEES.
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862
1 (4) $7,500 for each well that has been consid-
2 ered an idled well for at least 15 years.
3 (c) DUE DATE.—An owner of an idled well that is
4 required to pay a fee under this section shall submit to
5 the Secretary of the Interior such fee by not later than
6 October 1 of each year.
7 (d) ADJUSTMENT FOR INFLATION.—The Secretary of
8 the Interior shall, by regulation not less than once every
9 4 years, adjust each fee under this section to account for
10 inflation.
11 (e) DEPOSIT.—All funds collected pursuant to sub-
12 section (a) shall be deposited into the United States
13 Treasury General Fund.
14 (f) IDLED WELL DEFINITION.—For the purposes of
15 this section, the term ‘‘idled well’’ means a well that has
16 been non-operational for at least two consecutive years
17 and for which there is no anticipated beneficial future use.
18 SEC. 71415. ANNUAL PIPELINE OWNERS FEE.
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863
1 see’s transportation allowance when calculating royalties
2 due to the United States.
3 (b) AMOUNTS.—Fees established under this para-
4 graph shall be—
5 (1) $10,000 per mile for pipelines in water with
6 a depth of 500 feet or greater; and
7 (2) $1,000 per mile for pipelines in water depth
8 of under 500 feet.
9 SEC. 71416. ROYALTIES ON ALL EXTRACTED METHANE.
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1 ties or net profit share for any oil and gas leases on the
2 Outer Continental Shelf. Royalty relief may not be per-
3 mitted on any future oil and gas leases on the Outer Con-
4 tinental Shelf.
5 (b) REPEAL.—Section 39 of the Mineral Leasing Act
6 (30 U.S.C. 209) is repealed.
7 Subtitle O—United States
8 Geological Survey
9 SEC. 71501. UNITED STATES GEOLOGICAL SURVEY 3D ELE-
10 VATION PROGRAM.
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1 information to help communities respond to climate
2 change.
3 TITLE VIII—COMMITTEE ON
4 OVERSIGHT AND REFORM
5 SEC. 80001. GENERAL SERVICES ADMINISTRATION CLEAN
6 FLEETS.
23 FLEETS.
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1 year 2022, out of any money in the Treasury not otherwise
2 appropriated, the following amounts, to be deposited into
3 the Postal Service Fund established under section 2003
4 of title 39, United States Code:
5 (1) $2,573,550,000, to remain available
6 through September 30, 2031, for the purchase of
7 electric delivery vehicles.
8 (2) $3,411,450,000, to remain available
9 through September 30, 2031, for the purchase, de-
10 sign, and installation of the requisite infrastructure
11 to support electric delivery vehicles at facilities that
12 the United States Postal Service owns or leases from
13 non-Federal entities.
14 SEC. 80004. UNITED STATES POSTAL SERVICE OFFICE OF
15 INSPECTOR GENERAL.
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867
1 SEC. 80005. GOVERNMENT ACCOUNTABILITY OFFICE OVER-
2 SIGHT.
16 SIGHT.
868
1 SEC. 80007. GENERAL SERVICES ADMINISTRATION EMERG-
2 ING TECHNOLOGIES.
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869
1 TITLE IX—COMMITTEE ON
2 SCIENCE, SPACE, AND TECH-
3 NOLOGY
4 SECTION 90001. DEPARTMENT OF ENERGY RESEARCH, DE-
6 TIES.
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870
1 out of any money in the Treasury not otherwise appro-
2 priated, to remain available until September 30, 2026—
3 (1) $100,000,000 to carry out the low-dose ra-
4 diation research program established under section
5 306(c) of the Department of Energy Research and
6 Innovation Act (42 U.S.C. 18644(c)(1));
7 (2) $200,000,000 to carry out the fusion mate-
8 rials research and development program established
9 under section 307(b) of the Department of Energy
10 Research and Innovation Act (42 U.S.C. 18645(b));
11 (3) $200,000,000 to carry out the alternative
12 and enabling fusion energy concepts program estab-
13 lished under section 307(e) of the Department of
14 Energy Research and Innovation Act (42 U.S.C.
15 18645(e));
16 (4) $325,000,000 to carry out the milestone-
17 based fusion energy development program estab-
18 lished under section 307(i) of the Department of
19 Energy Research and Innovation Act (42 U.S.C.
20 18645(i));
21 (5) $140,000,000 to carry out the program of
22 research and technology development in inertial fu-
23 sion for energy applications established under sec-
24 tion 307(d) of the Department of Energy Research
25 and Innovation Act (42 U.S.C. 18645(d)); and
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871
1 (6) $20,000,000 to carry out the fusion reactor
2 system design activities authorized in section 307(j)
3 of the Department of Energy Research and Innova-
4 tion Act (42 U.S.C. 18645(j).
5 (c) OFFICE OF FOSSIL ENERGY AND CARBON MAN-
6 AGEMENT.—In addition to amounts otherwise available,
7 there is appropriated to the Department of Energy Office
8 of Fossil Energy and Carbon Management for fiscal year
9 2022, out of any money in the Treasury not otherwise ap-
10 propriated, $10,000,000, to remain available until Sep-
11 tember 30, 2026, to carry out on-site demonstration
12 projects on the reduction of environmental impacts of pro-
13 duced water.
14 (d) DIVERSITY SUPPORT.—In addition to amounts
15 otherwise available, there is appropriated to the Depart-
16 ment of Energy Office of Economic Impact and Diversity
17 for fiscal year 2022, out of any money in the Treasury
18 not otherwise appropriated, $5,000,000, to remain avail-
19 able until September 30, 2026, to support programs
20 across the Department’s civilian research, development,
21 demonstration, and commercial application activities.
22 SEC. 90002. AIR QUALITY AND CLIMATE RESEARCH.
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872
1 otherwise appropriated, $100,000,000, to remain available
2 until September 30, 2026, for air quality and climate re-
3 search under section 103 of the Clean Air Act (42 U.S.C.
4 7403) in support of research related to climate change
5 mitigation, adaptation and resilience activities to help re-
6 duce the impacts of climate change on human health and
7 welfare; the issuance of award grants for the collection of
8 regional and local climate data to better estimate the eco-
9 nomic impacts of climate change and support community-
10 based responses to climate change to better anticipate,
11 prepare for, adapt to, and recover from climate-driven ex-
12 treme events; research on the impacts of climate change,
13 and the cumulative impacts of pollution exposure, in low-
14 income and disadvantaged communities.
15 SEC. 90003. PFAS REPLACEMENT ASSISTANCE TO FIRE-
16 FIGHTERS GRANTS.
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873
1 (b) PROGRAM ADMINISTRATION.—In addition to
2 amounts otherwise available, there is appropriated for fis-
3 cal year 2022, out of any money in the Treasury not other-
4 wise appropriated, $5,000,000, to remain available until
5 September 30, 2030, to the Federal Emergency Manage-
6 ment Agency for the administration and management of
7 this section.
8 (c) APPLICATIONS.—With respect to the grant pro-
9 gram described in subsection (a), the Administrator of the
10 Federal Emergency Management Agency shall—
11 (1) require eligible applicants to submit an ap-
12 plication at such time, in such form, and containing
13 such information and assurances as the Adminis-
14 trator of the Federal Emergency Management Agen-
15 cy may require; and
16 (2) establish appropriate review and delivery
17 mechanisms for an application submitted under
18 paragraph (1).
19 SEC. 90004. NATIONAL AERONAUTICS AND SPACE ADMINIS-
20 TRATION INFRASTRUCTURE.
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874
1 capitalization, modification, modernization, and construc-
2 tion of physical infrastructure and facilities, including re-
3 lated administrative expenses, consistent with the respon-
4 sibilities under sections 31502 and 31503 of title 51,
5 United States Code.
6 SEC. 90005. NATIONAL AERONAUTICS AND SPACE ADMINIS-
8 OPMENT.
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1 (2) $30,000,000 for investments in data man-
2 agement and processing to support research, devel-
3 opment, and applications to understand, observe,
4 and mitigate climate change and its impacts, con-
5 sistent with NASA’s mission to expand human
6 knowledge of the Earth, as carried out through pro-
7 grams under the Earth Science Division, and for re-
8 lated administrative expenses;
9 (3) $25,000,000 for research and development
10 to support the wildfire fighting community and im-
11 prove wildfire fighting operations through new and
12 existing programs under the authority of the Admin-
13 istrator of the National Aeronautics and Space Ad-
14 ministration, and for related administrative ex-
15 penses; and
16 (4) $225,000,000 for aeronautics research and
17 development on sustainable aviation, consistent with
18 sections 40701 and 40702 of title 51, United States
19 Code, and for related administrative expenses.
20 SEC. 90006. NATIONAL INSTITUTE OF STANDARDS AND
21 TECHNOLOGY RESEARCH.
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876
1 main available until September 30, 2028, for research on
2 the impact of fire on structures and communities located
3 at the Wildland Urban Interface under the direction of
4 the Institute, and for related administrative expenses.
5 SEC. 90007. NATIONAL INSTITUTE OF STANDARDS AND
7 EXTENSION PARTNERSHIP.
17 TECHNOLOGY MANUFACTURING.
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877
1 vate partnerships, and for related administrative ex-
2 penses; and
3 (2) $20,000,000, to remain available until Sep-
4 tember 30, 2028, for the development and execution
5 of a cybersecurity workforce training center, and for
6 related administrative expenses.
7 SEC. 90009. NATIONAL INSTITUTE OF STANDARDS AND
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878
1 casting, assessments, and dissemination of information to
2 the public as it pertains to ocean and atmospheric proc-
3 esses related to weather, coasts, oceans, and climate, and
4 to carry out section 102(a) of the Weather Research and
5 Forecasting Innovation Act of 2017 (15 U.S.C. 8512(a)),
6 and for related administrative expenses.
7 (b) RESEARCH GRANTS AND SCIENCE INFORMATION,
8 PRODUCTS, AND SERVICES.—In addition to amounts oth-
9 erwise available, there are appropriated to the National
10 Oceanic and Atmospheric Administration for fiscal year
11 2022, out of any money in the Treasury not otherwise ap-
12 propriated, to remain available until September 30,
13 2026—
14 (1) $100,000,000 for competitive grants to
15 fund climate research as it relates to weather, ocean,
16 coastal, and atmospheric processes and conditions,
17 and impacts to marine species and coastal habitat,
18 and for related administrative expenses; and
19 (2) $100,000,000 for education and training
20 pursuant to section 4002(b)(2) of the America
21 COMPETES Act (33 U.S.C. 893a(b)(2)), and for
22 increased development and dissemination of climate
23 science information, products, and services, in sup-
24 port of climate adaptation preparedness as it relates
25 to weather, ocean, coastal, and atmospheric proc-
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879
1 esses and conditions, impacts to marine species and
2 coastal habitat, and for related administrative ex-
3 penses.
4 SEC. 90011. CLIMATE EDUCATION.
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880
1 curement of additional high-performance computing, data
2 processing capacity, data management, and storage assets,
3 to carry out section 204(a)(2) of the High-Performance
4 Computing Act of 1991 (15 U.S.C. 5524(a)(2)), and for
5 transaction agreements authorized under section
6 301(d)(1)(A) of the Weather Research and Forecasting
7 Innovation Act of 2017 (15 U.S.C. 8531(d)(1)(A)), and
8 for related administrative expenses.
9 SEC. 90013. ACQUISITION OF HURRICANE FORECASTING
10 AIRCRAFT.
20 SEARCH.
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881
1 (1) $675,000,000, to remain available until
2 September 30, 2026, to fund or extend new and ex-
3 isting research awards, traineeships, scholarships,
4 and fellowships administered by the National
5 Science Foundation, across all science, technology,
6 engineering, and mathematics disciplines supported
7 by the National Science Foundation, and for related
8 administrative expenses;
9 (2) $25,000,000, to remain available until Sep-
10 tember 30, 2028, for activities and research to en-
11 sure broad demographic participation in the activi-
12 ties of the Foundation, consistent with the goals
13 under section 526(a)(7) of the America COM-
14 PETES Reauthorization Act of 2010 (42 U.S.C.
15 1862p-14(a)(7)) and section 3(e) of the National
16 Science Foundation Act of 1950 (42 U.S.C.
17 1862(e)), and for related administrative expenses;
18 and
19 (3) $500,000,000, to remain available until
20 September 30, 2028, for climate change research as
21 it relates to fundamental understanding of physical,
22 chemical, biological, and human systems and the
23 interactions among them, and for related adminis-
24 trative expenses.
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1 SEC. 90015. NATIONAL SCIENCE FOUNDATION TECH-
3 DIRECTORATE.
883
1 novation, and Partnerships, and for related adminis-
2 trative expenses; and
3 (4) $55,000,000, to remain available until Sep-
4 tember 30, 2028, to fund cybersecurity education
5 and training, including scholarships, through pro-
6 grams of the National Science Foundation, and for
7 related administrative expenses.
8 SEC. 90016. NATIONAL SCIENCE FOUNDATION RESEARCH
9 INFRASTRUCTURE.
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1 (3) $100,000,000, to remain available until
2 September 30, 2028, for academic research facilities
3 modernization and research instrumentation, includ-
4 ing construction, upgrade, renovation, or repair of
5 research infrastructure, at historically Black colleges
6 and universities, Tribal Colleges and Universities,
7 Hispanic-serving institutions, and other minority-
8 serving institutions, through programs of the Na-
9 tional Science Foundation, and for related adminis-
10 trative expenses.
11 TITLE X—COMMITTEE ON SMALL
12 BUSINESS
13 Subtitle A—Increasing Federal
14 Contracting Opportunities for
15 Small Businesses
16 SEC. 100101. VETERAN FEDERAL PROCUREMENT ENTRE-
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1 (b) ESTABLISHMENT.—Section 32 of the Small Busi-
2 ness Act (15 U.S.C. 657b) is amended by adding at the
3 end the following:
4 ‘‘(h) VETERAN FEDERAL PROCUREMENT ENTREPRE-
5 NEURSHIP TRAINING PROGRAM.—The Administrator, act-
6 ing through the Associate Administrator, shall make
7 grants to, or enter into cooperative agreements with, non-
8 profit entities to operate a Federal procurement entrepre-
9 neurship training program to provide assistance to small
10 business concerns owned and controlled by veterans re-
11 garding how to increase the likelihood of being awarded
12 contracts with the Federal Government. A grant or coop-
13 erative agreement under this subsection—
14 ‘‘(1) shall be made to or entered into with non-
15 profit entities that have a track record of success-
16 fully providing educational and job training services
17 to veteran populations from diverse locations; and
18 ‘‘(2) shall include terms under which the non-
19 profit entities shall use a diverse group of profes-
20 sional service experts, such as Federal, State, and
21 local contracting experts and private sector industry
22 experts with first-hand experience in Federal Gov-
23 ernment contracting, to provide assistance to small
24 business concerns owned and controlled by veterans
25 through a program operated under this section.’’.
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886
1 SEC. 100102. EXPANDING SURETY BOND PROGRAM.
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1 order or contract in an amount that does not
2 exceed $20,000,000.’’; and
3 (B) in subsection (e)(2), by striking
4 ‘‘$6,500,000’’ and inserting ‘‘the amount de-
5 scribed in subparagraph (A) or (B) of sub-
6 section (a)(1), as applicable’’; and
7 (2) in section 412(a) (15 U.S.C. 694c(a)), in
8 the third sentence, by striking ‘‘, excluding adminis-
9 trative expenses,’’.
10 Subtitle B—Empowering Small
11 Business Creation and Expan-
12 sion in Underrepresented Com-
13 munities
14 SEC. 100201. FUNDING FOR UPLIFT INCUBATORS.
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888
1 (b) ESTABLISHMENT.—The Small Business Act is
2 amended—
3 (1) by redesignating section 49 (15 U.S.C. 631
4 note) as section 54; and
5 (2) by inserting after section 48 the following:
6 ‘‘SEC. 49. UPLIFT INCUBATORS.
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1 Act of 1965, which primarily educates students
2 who are Black or African American, Hispanic
3 or Latino, American Indian, Alaska Native,
4 Asian, Native Hawaiian, or other Pacific Is-
5 lander; or
6 ‘‘(E) a junior or community college, as de-
7 fined in section 312(f) of the Higher Education
8 Act of 1965.
9 ‘‘(3) ELIGIBLE SMALL BUSINESS CONCERN.—
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1 as of the date on which assistance under
2 this section commences; or
3 ‘‘(ii) a small government contractor;
4 and
5 ‘‘(E) is—
6 ‘‘(i) owned and controlled by 1 or
7 more members of an underrepresented
8 community; or
9 ‘‘(ii) a Native Entity.
10 ‘‘(4) HISTORICALLY BLACK COLLEGE OR UNI-
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1 ‘‘(B) who is a member of an Indian or
2 Alaska Native tribe, band, nation, pueblo, vil-
3 lage, community, component band, or compo-
4 nent reservation, individually identified (includ-
5 ing parenthetically) in the most recent list pub-
6 lished pursuant to section 104 of the Federally
7 Recognized Indian Tribe List Act of 1994;
8 ‘‘(C) with a disability, as defined in section
9 3 of the Americans with Disabilities Act of
10 1990;
11 ‘‘(D) who is a veteran;
12 ‘‘(E) who completed a term of imprison-
13 ment; or
14 ‘‘(F) who is otherwise identified by the Ad-
15 ministrator.
16 ‘‘(6) NATIVE ENTITY.—The term ‘Native Enti-
17 ty’ means—
18 ‘‘(A) an Indian tribe, as defined in section
19 4 of the Indian Self-Determination and Edu-
20 cation Assistance Act, including an Alaska Na-
21 tive village or Regional or Village Corporation;
22 and
23 ‘‘(B) a Native Hawaiian organization, as
24 defined in section 6207 of the Elementary and
25 Secondary Education Act of 1965.
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892
1 ‘‘(7) SBA PARTNER ORGANIZATION.—The term
2 ‘SBA partner organization’ means any organization
3 awarded financial assistance in the form of a grant,
4 prize, cooperative agreement, or contract for the
5 purpose of conducting a public project funded, either
6 in whole or in part, under a program of the Admin-
7 istration.
8 ‘‘(8) SMALL GOVERNMENT CONTRACTOR.—The
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1 ‘‘(F) conducting market research, drafting
2 statements, and identifying acquisition authori-
3 ties under which eligible small business con-
4 cerns assisted under this section may enter into
5 Federal contracts or agreements; and
6 ‘‘(G) other services intended to aid in de-
7 veloping a business.
8 ‘‘(b) AUTHORITY.—The Administrator may provide
9 financial assistance on a competitive basis in the form of
10 a grant, prize, cooperative agreement, or contract to an
11 eligible applicant for purposes of—
12 ‘‘(1) providing the services of a uplift incubator
13 to eligible small business concerns; or
14 ‘‘(2) expanding or establishing a network of the
15 eligible applicant to provide the services of a uplift
16 incubator to eligible small business concerns.
17 ‘‘(c) USE OF FUNDS.—An eligible applicant that re-
18 ceives assistance under this section—
19 ‘‘(1) shall support areas that serve members of
20 an underrepresented community by providing the
21 services of a uplift incubator; and
22 ‘‘(2) shall not impose or otherwise collect a fee
23 or other compensation from eligible small business
24 concerns in connection with the provision of such
25 services.
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894
1 ‘‘(d) PENALTIES FOR FAILURE TO ABIDE BY TERMS
2 OR CONDITIONS OF AWARD.—At the discretion of the Ad-
3 ministrator and in addition to any other civil or criminal
4 consequences, the Administrator shall withhold payments
5 to an eligible applicant or order the eligible applicant to
6 return any assistance provided under this section for fail-
7 ure to abide by the terms and conditions of such assist-
8 ance.’’.
9 SEC. 100202. OFFICE OF NATIVE AMERICAN AFFAIRS.
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895
1 ‘‘(2) NATIVE AMERICAN.—The term ‘Native
2 American’ means a member of an Indian Tribe.
3 ‘‘(3) NATIVE HAWAIIAN ORGANIZATION.—The
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896
1 ‘‘(1) ESTABLISHMENT.—The Administrator
2 shall establish and administer a Native American
3 Outreach Program within the Office—
4 ‘‘(A) to ensure that small business con-
5 cerns owned and controlled by Native Ameri-
6 cans, Native Hawaiian Organizations, and In-
7 dian Tribes, and Native American entre-
8 preneurs have access to programs and services
9 of the Administration;
10 ‘‘(B) to provide information to State, local,
11 and tribal governments and other interested
12 persons about Federal assistance available to
13 small business concerns owned and controlled
14 by Native Americans, Native Hawaiian Organi-
15 zations, and Indian Tribes, and Native Amer-
16 ican entrepreneurs; and
17 ‘‘(C) to ensure access to in-person and vir-
18 tual counseling and training services to small
19 business concerns owned and controlled by Na-
20 tive Americans, Native Hawaiian Organizations,
21 and Indian Tribes, and Native American entre-
22 preneurs.
23 ‘‘(2) SERVICES.—The services described in
24 paragraph (1) shall include—
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897
1 ‘‘(A) financial education on applying for
2 and securing credit, loan guarantees, surety
3 bonds, and investment capital, managing finan-
4 cial operations, and preparing and presenting
5 financial statements and business plans;
6 ‘‘(B) education on management of a small
7 business concern, including planning, orga-
8 nizing, staffing, and marketing;
9 ‘‘(C) identifying market opportunities; and
10 ‘‘(D) implementing economic and business
11 development strategies to improve long-term job
12 growth.’’.
13 SEC. 100203. OFFICE OF RURAL AFFAIRS.
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898
1 Business Conferences, to be held in various regions of the
2 United States. The purpose of such Conferences shall be
3 to—
4 ‘‘(1) promote policies and programs of the Ad-
5 ministration specific to small business concerns lo-
6 cated in rural areas, and make publicly available in-
7 formation about such policies and programs;
8 ‘‘(2) coordinate with all offices of the Adminis-
9 tration, resource partners, lenders, and other inter-
10 ested persons to ensure that the needs of small busi-
11 ness concerns located in rural area are being met;
12 and
13 ‘‘(3) analyze data on the effectiveness of pro-
14 grams of the Administration that benefit small busi-
15 ness concerns located in rural areas.’’.
16 SEC. 100204. OFFICE OF EMERGING MARKETS.
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899
1 (b) ESTABLISHMENT.—Section 7 of the Small Busi-
2 ness Act (15 U.S.C. 636) is amended by adding at the
3 end the following:
4 ‘‘(o) OFFICE OF EMERGING MARKETS.—
5 ‘‘(1) DEFINITIONS.—In this subsection—
6 ‘‘(A) the term ‘Director’ means the Direc-
7 tor of the Office of Emerging Markets;
8 ‘‘(B) the term ‘microloan program’ means
9 the program described in subsection (m);
10 ‘‘(C) the term ‘small business concern in
11 an emerging market’ means a small business
12 concern—
13 ‘‘(i) that is located in—
14 ‘‘(I) a low-income or moderate-in-
15 come area for purposes of the Com-
16 munity Development Block Grant
17 Program under title I of the Housing
18 and Community Development Act of
19 1974; or
20 ‘‘(II) a HUBZone, as that term
21 is defined in section 31(b);
22 ‘‘(ii) that is growing, newly estab-
23 lished, or a startup;
24 ‘‘(iii) owned and controlled by vet-
25 erans;
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900
1 ‘‘(iv) owned and controlled by individ-
2 uals with a disability, as defined in section
3 3 of the Americans with Disabilities Act of
4 1990; or
5 ‘‘(v) owned and controlled by other in-
6 dividuals or groups identified by the Ad-
7 ministrator.
8 ‘‘(2) ESTABLISHMENT.—There is established
9 within the Office of Capital Access of the Adminis-
10 tration an office to be known as the ‘Office of
11 Emerging Markets’. The Office of Emerging Mar-
12 kets shall be administered by a Director who shall
13 be responsible for the planning, coordination, imple-
14 mentation, evaluation, and improvement of the ef-
15 forts of the Administrator to enhance the economic
16 well-being of small business concerns in an emerging
17 market.’’.
18 SEC. 100205. STATE TRADE EXPANSION PROGRAM.
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901
1 Small Business Act (15 U.S.C. 649(l)) in fiscal year
2 2023, and
3 (2) $31,710,000, to remain available until Sep-
4 tember 30, 2027, to carry out section 22(l) of the
5 Small Business Act (15 U.S.C. 649(l)) in fiscal year
6 2024.
7 Subtitle C—Encouraging Small
8 Businesses to Fully Engage in
9 the Innovation Economy
10 SEC. 100301. GROWTH ACCELERATOR COMPETITION.
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902
1 ‘‘SEC. 51. GROWTH ACCELERATOR COMPETITION.
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903
1 ‘‘(D) offers startup capital or the oppor-
2 tunity to raise capital from outside investors to
3 small business concerns.
4 ‘‘(5) NEW SMALL BUSINESS CONCERN.—The
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904
1 ‘‘(2) may not be used by an eligible entity re-
2 cipient to provide capital to new small business con-
3 cerns directly or through the subaward of funds.
4 ‘‘(d) PENALTIES FOR FAILURE TO ABIDE BY TERMS
5 OR CONDITIONS OF AWARD.—At the discretion of the Ad-
6 ministrator and in addition to any other civil or criminal
7 consequences, the Administrator shall withhold payments
8 to an eligible entity or order the eligible entity to return
9 an award made under this section for failure to abide by
10 the terms and conditions of the award.’’.
11 Subtitle D—Increasing Equity
12 Opportunities
13 SEC. 100401. INCREASING EQUITY INVESTMENT IN THE
14 SBIC PROGRAM.
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905
1 (i) in subclause (II), by striking
2 ‘‘and’’ at the end;
3 (ii) in subclause (III), by adding
4 ‘‘and’’ at the end; and
5 (iii) by adding at the end the fol-
6 lowing:
7 ‘‘(IV) funds obtained from any fi-
8 nancial institution identified under
9 section 302(b);’’; and
10 (B) in paragraph (13)(C), by striking ‘‘in
11 an aggregate amount that does not exceed 33
12 percent of the private capital of the applicant or
13 licensee’’; and
14 (2) in section 304 (15 U.S.C. 684), by adding
15 at the end the following:
16 ‘‘(e) Notwithstanding section 310(c)(6), a licensee
17 under section 321 may, subject to rules to be issued by
18 the Administration, invest equity capital in investment
19 funds that—
20 ‘‘(1) are majority controlled by members of an
21 underrepresented community, as defined in section
22 49 of the Small Business Act;
23 ‘‘(2) receive annual assistance provided by such
24 licensee; or
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906
1 ‘‘(3) meet additional criteria as determined by
2 the Administration.’’; and
3 (3) by adding at the end of the following:
4 ‘‘SEC. 321. EMERGING MANAGERS PROGRAM.
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907
1 tion 104 of the Federally Recognized Indian
2 Tribe List Act of 1994;
3 ‘‘(F) small business concerns owned and
4 controlled by an individual with a disability, as
5 defined in section 3 of the Americans with Dis-
6 abilities Act of 1990;
7 ‘‘(G) small business concerns owned and
8 controlled by a veteran; or
9 ‘‘(H) industries identified by the Adminis-
10 trator.
11 ‘‘(2) EMERGING MANAGER COMPANY.—The
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908
1 an underrepresented community (as defined in
2 section 49 of the Small Business Act).
3 ‘‘(b) ESTABLISHMENT.—The Administrator shall es-
4 tablish an emerging managers program pursuant to which
5 managers with substantial experience in operating small
6 business investment companies—
7 ‘‘(1) may enter into a written agreement ap-
8 proved by the Administrator to provide guidance and
9 assistance to an applicant for a license for a small
10 business investment company that is to be managed
11 by an emerging manager company; and
12 ‘‘(2) may hold a minority financial interest in
13 the small business investment company described in
14 paragraph (1).
15 ‘‘(c) LICENSING.—An applicant described in sub-
16 section (b)(1) shall apply for a license under section
17 301(c) and shall—
18 ‘‘(1) have private capital not to exceed
19 $100,000,000;
20 ‘‘(2) be managed by not less than two individ-
21 uals;
22 ‘‘(3) be a second generation fund or earlier; and
23 ‘‘(4) focus its investment strategy on covered
24 investments.
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909
1 ‘‘(d) WAIVER OF MAXIMUM LEVERAGE.—The ap-
2 proval of a written agreement under subsection (b) by the
3 Administrator shall operate as a waiver of the require-
4 ments of section 303(b)(2)(B) to the extent that such sec-
5 tion would otherwise apply.
6 ‘‘(e) INCREASED LEVERAGE MAXIMUM.—An existing
7 small business investment company that enters into a
8 written agreement under subsection (b) may receive an in-
9 crease in the maximum leverage cap of the company under
10 section 303(b)(2)—
11 ‘‘(1) under subparagraph (A) of such section,
12 with respect to a single license, by not more than
13 $17,500,000; and
14 ‘‘(2) under subparagraph (B) of such section,
15 with respect to multiple licenses under common con-
16 trol, by not more than $35,000,000.’’.
17 SEC. 100402. MICROCAP SMALL BUSINESS INVESTMENT
18 COMPANY LICENSE.
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910
1 (b) MICROCAP SMALL BUSINESS INVESTMENT COM-
2 PANY LICENSE.—Section 301(c) of the Small Business In-
3 vestment Act of 1958 (15 U.S.C. 681(c)) is amended by
4 adding at the end the following:
5 ‘‘(5) MICROCAP SMALL BUSINESS INVESTMENT
6 COMPANY LICENSE.—
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911
1 of title 13, Code of Federal Regulations, or
2 any successor regulation;
3 ‘‘(iii) for which the managers of such
4 applicant have—
5 ‘‘(I) a documented record of suc-
6 cessful business experience;
7 ‘‘(II) a record of business man-
8 agement success; or
9 ‘‘(III) knowledge in the par-
10 ticular industry or business for which
11 the applicant is pursuing an invest-
12 ment strategy; and
13 ‘‘(iv) that have demonstrated appro-
14 priate qualifications for the license, based
15 on factors determined by the Adminis-
16 trator.
17 ‘‘(B) REQUIRED INVESTMENTS.—A li-
18 censee under this paragraph shall invest not
19 less than 50 percent of the total financings of
20 the licensee in covered investments (as defined
21 in section 321), of which not more than 33 per-
22 cent of those investments are in small business
23 concerns in infrastructure or manufacturing.
24 ‘‘(C) LEVERAGE.—A company licensed
25 pursuant to this paragraph shall—
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912
1 ‘‘(i) not be eligible to receive leverage
2 in an amount that is more than
3 $50,000,000; and
4 ‘‘(ii) be able to access leverage in an
5 amount that is not more than 200 percent
6 of the private capital of the company.
7 ‘‘(D) INVESTMENT COMMITTEE.—If a com-
8 pany licensed pursuant to this paragraph has
9 investment committee members or control per-
10 sons who are principals approved by the Admin-
11 istrator or control persons of licensed small
12 business investment companies not licensed
13 under this paragraph, such licensee or licensees
14 shall not be deemed to be under common con-
15 trol with the company licensed pursuant to this
16 paragraph solely for the purpose of section
17 303(b)(2)(B).
18 ‘‘(E) FEES.—In addition to the fees au-
19 thorized under sections 301(e) and 310(b), the
20 Administration may prescribe fees to be paid by
21 each company designated to operate under this
22 paragraph.’’.
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913
1 SEC. 100403. FUNDING FOR SBIC OUTREACH AND EDU-
2 CATION.
18 PROGRAM.
914
1 (2) $4,000,000 for the Administrator of the
2 Small Business Administration to develop a training
3 course and provide free or low-cost training to cov-
4 ered institutions making loans under the program
5 established under such paragraph (38); and
6 (3) $47,100,000 for administrative expenses re-
7 lated to carrying out such paragraph (38), including
8 issuing interim final rules.
9 (b) ESTABLISHMENT.—Section 7(a) of the Small
10 Business Act (15 U.S.C. 636(a)) is amended by adding
11 at the end the following:
12 ‘‘(38) COMMUNITY ADVANTAGE LOAN PRO-
13 GRAM.—
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915
1 and Financial Institutions Act of
2 1994;
3 ‘‘(III) an intermediary, as de-
4 fined in subsection (m)(11), that is a
5 nonprofit organization and is partici-
6 pating in the microloan program
7 under subsection (m); and
8 ‘‘(IV) an eligible intermediary, as
9 defined in subsection (l)(1), partici-
10 pating in the small business inter-
11 mediary lending pilot program estab-
12 lished under subsection (l)(2);
13 ‘‘(ii) the term ‘new business’ means a
14 small business concern that has been in
15 business for not more than 2 years on the
16 date on which a loan is made to the small
17 business concern under the program;
18 ‘‘(iii) the term ‘program’ means the
19 Community Advantage Loan Program es-
20 tablished under subparagraph (B);
21 ‘‘(iv) the term ‘small business concern
22 in an underserved market’ means a small
23 business concern—
24 ‘‘(I) that is located in—
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916
1 ‘‘(aa) a low- to moderate-in-
2 come community;
3 ‘‘(bb) a HUBZone, as that
4 term is defined in section 31(b);
5 ‘‘(cc) a rural area; or
6 ‘‘(dd) any area for which a
7 disaster declaration or determina-
8 tion described in subparagraph
9 (B), (C), or (E) of subsection
10 (b)(2) has been made that has
11 not terminated more than 2
12 years (or later, as determined by
13 the Administrator) before the
14 date on which a loan is made to
15 such concern under such sub-
16 section, or in any area for which
17 a major disaster described in
18 subsection (b)(2)(A) has been de-
19 clared, that period shall be 5
20 years; or
21 ‘‘(II) that is a new business;
22 ‘‘(III) owned and controlled by
23 veterans;
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917
1 ‘‘(IV) owned and controlled by an
2 individual who has completed a term
3 of imprisonment;
4 ‘‘(V) owned and controlled by an
5 individual with a disability, as that
6 term is defined in section 3 of the
7 Americans with Disabilities Act of
8 1990;
9 ‘‘(VI) owned and controlled by a
10 member of an Indian tribe individ-
11 ually identified (including parentheti-
12 cally) in the most recent list published
13 pursuant to section 104 of the Feder-
14 ally Recognized Indian Tribe List Act
15 of 1994; or
16 ‘‘(VII) otherwise identified by the
17 Administrator.
18 ‘‘(B) ESTABLISHMENT.—There is estab-
19 lished a Community Advantage Loan Program
20 under which the Administration may guarantee
21 loans made by covered institutions under this
22 subsection, with an emphasis on loans made to
23 small business concerns in an underserved mar-
24 ket.
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918
1 ‘‘(C) REQUIREMENT TO MAKE LOANS TO
14 ‘‘(aa) IN GENERAL.—Upon
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919
1 ‘‘(AA) review the re-
2 quest; and
3 ‘‘(BB) provide a deci-
4 sion regarding the request to
5 the covered institution mak-
6 ing the loan.
7 ‘‘(II) MAJOR DISASTERS.—The
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1 the Treasury not otherwise appropriated, to remain avail-
2 able until September 30, 2031—
3 (1) $1,480,600,000 to carry out paragraph (39)
4 of section 7(a) of the Small Business Act (15 U.S.C.
5 636(a)), as added by subsection (b); and
6 (2) $484,000,000 for administrative expenses
7 related to carrying out such paragraph (39), includ-
8 ing issuing interim final rules within 90 days after
9 the date of the enactment of this title, of which
10 $25,000,000 is reserved for grants to conduct out-
11 reach to entities eligible to receive a loan under such
12 paragraph (39).
13 (b) SMALL DOLLAR LOAN FUNDING.—Section 7(a)
14 of the Small Business Act (15 U.S.C. 636(a)), as amended
15 by section 100501, is further amended—
16 (1) in paragraph (1)(A)(i), in the third sen-
17 tence, by striking ‘‘; and’’ and all that follows
18 through the period at the end and inserting a period;
19 (2) in paragraph (4)(A), by striking the comma
20 after ‘‘prescribed by the Administration’’ and all
21 that follows through the period at the end and in-
22 serting a period;
23 (3) in paragraph (26), by inserting ‘‘(except for
24 those collected under paragraph (39))’’ after ‘‘prof-
25 its’’; and
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921
1 (4) by adding at the end the following:
2 ‘‘(39) SMALL DOLLAR LOAN FUNDING.—
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1 ‘‘(ii) not more than $1,000,000, if the
2 borrower is a small manufacturer or a
3 small government contractor.
4 ‘‘(D) FEES.—With respect to each loan
5 made in accordance with this paragraph, the
6 Administrator, an authorized third party, or an
7 agent may—
8 ‘‘(i) impose, collect, retain, and utilize
9 fees, which may be charged to the bor-
10 rower, to cover any costs associated with
11 referring applications or originating, mak-
12 ing, underwriting, disbursing, closing, serv-
13 icing, or liquidating the loan, including any
14 direct lending agent costs, other program
15 or contract costs, or other agent adminis-
16 trative expenses;
17 ‘‘(ii) impose, collect, retain, and use
18 fees (including unused fees and draw fees),
19 which may be charged to the borrower on
20 loans for revolving lines of credit; and
21 ‘‘(iii) pay third parties, including di-
22 rect lending agents and financial institu-
23 tions, with which the Administration part-
24 ners for assistance in referring applicants
25 or promoting, originating, making, under-
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1 writing, disbursing, closing, servicing, or
2 liquidating loans in accordance with this
3 paragraph on behalf of the Administration.
4 ‘‘(E) TERMS.—Not later than 90 days
5 after the date of the enactment of this para-
6 graph, the Administrator shall issue interim
7 final rules and revise any relevant rules to es-
8 tablish the terms and conditions for a direct
9 loan, including repayment, underwriting cri-
10 teria, interest rate, maturity, and other terms
11 of a loan made in accordance with this para-
12 graph.’’.
13 SEC. 100503. EXTENSION OF TEMPORARY FEE REDUCTIONS.
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924
1 (2) in subsection (b)(2), by striking ‘‘October 1,
2 2021’’ and inserting ‘‘October 1, 2026’’.
3 (c) OTHER FEES.—Section 327 of the Economic Aid
4 to Hard-Hit Small Businesses, Nonprofits, and Venues
5 Act (title III of division N of Public Law 116–260; 134
6 Stat. 2037; 15 U.S.C. 636 note) is amended—
7 (1) in subsection (a)(1), by striking ‘‘September
8 30, 2021’’ and inserting ‘‘September 30, 2026’’; and
9 (2) in subsection (b)(1), by striking ‘‘September
10 30, 2021’’ and inserting ‘‘September 30, 2026’’.
11 SEC. 100504. FUNDING FOR COOPERATIVES.
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1 ‘‘(i) COMMUNITY FINANCIAL INSTITU-
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1 ‘‘(B) ESTABLISHMENT.—There is estab-
2 lished a pilot program under which the Admin-
3 istrator shall guarantee loans (including loans
4 made by community financial institutions),
5 without the requirement of a personal or entity
6 guarantee, where such loans shall be made to
7 cooperatives or eligible employee-owned business
8 concerns.
9 ‘‘(C) TERMINATION.—The pilot program
10 shall terminate on the date that is 5 years after
11 the date of enactment of this paragraph.’’.
12 (c) DELEGATED LENDING AUTHORITY FOR PRE-
13 FERRED LENDERS.—Section 5(b)(7) of the Small Busi-
14 ness Act (15 U.S.C. 634(b)(7)) is amended by striking
15 ‘‘paragraph (15) or (35)’’ and inserting ‘‘paragraph (15),
16 (35), or (40)’’.
17 Subtitle F—Supporting
18 Entrepreneurial Second Chances
19 SEC. 100601. REENTRY ENTREPRENEURSHIP COUNSELING
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1 Small Business Administration, out of money in the
2 Treasury not otherwise appropriated for fiscal year
3 2022, 35,000,000, to remain available until Sep-
4 tember 30, 2029, to carry out section 52 of the
5 Small Business Act, as added by paragraph (2).
6 (2) IN GENERAL.—The Small Business Act is
7 amended by inserting after section 51, as added by
8 section 100301 of this title, the following:
9 ‘‘SEC. 52. REENTRY ENTREPRENEURSHIP COUNSELING
11 UALS.
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1 ‘‘(c) USE OF FUNDS.—Amounts made available
2 under this section shall be used to—
3 ‘‘(1) develop and deliver a curriculum, including
4 classroom instruction and in-depth training to de-
5 velop skills related to business planning and finan-
6 cial literacy;
7 ‘‘(2) train mentors and instructors;
8 ‘‘(3) establish public-private partnerships to
9 support covered individuals; and
10 ‘‘(4) identify opportunities to access capital.’’.
11 (b) REENTRY ENTREPRENEURSHIP COUNSELING
12 AND TRAINING FOR FORMERLY INCARCERATED INDIVID-
13 UALS.—
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929
1 ‘‘SEC. 53. REENTRY ENTREPRENEURSHIP COUNSELING
3 ATED INDIVIDUALS.
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1 SEC. 100602. NEW START ENTREPRENEURIAL DEVELOP-
3 ATED INDIVIDUALS.
931
1 scribed under section 7(a) of the Small Business Act
2 (15 U.S.C. 636(a)).
3 (4) PILOT PROGRAM.—The term ‘‘pilot pro-
4 gram’’ means the pilot program established under
5 subsection (b).
6 (5) RESOURCE PARTNER.—The term ‘‘resource
7 partner’’ means—
8 (A) a small business development center
9 (defined in section 3 of the Small Business Act
10 (15 U.S.C. 632));
11 (B) a women’s business center (described
12 under section 29 of such Act (15 U.S.C. 656));
13 (C) a chapter of the Service Corps of Re-
14 tired Executives (established under section
15 8(b)(1)(B) of such Act ((15 U.S.C.
16 637(b)(1)(B))); and
17 (D) a Veteran Business Outreach Center
18 (described under section 32 of such Act (15
19 U.S.C. 657b)).
20 (c) ESTABLISHMENT.—The Administrator shall es-
21 tablish a pilot program to award grants to organizations,
22 or partnerships of organizations, to provide assistance to
23 covered individuals throughout the United States.
24 (d) APPLICATION.—
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932
1 (1) IN GENERAL.—An organization or partner-
2 ship of organizations desiring a grant under the
3 pilot program shall submit an application to the Ad-
4 ministrator in such form, in such manner, and con-
5 taining such information as the Administrator may
6 reasonably require.
7 (2) CONTENTS.—An application submitted
8 under paragraph (1) shall—
9 (A) demonstrate that the applicant has a
10 partnership with, or is, an intermediary that
11 shall make microloans to covered individuals;
12 (B) demonstrate an ability to provide a full
13 range of entrepreneurial development program-
14 ming on an ongoing basis;
15 (C) include a plan for reaching covered in-
16 dividuals, including by identifying particular
17 target populations within the community in
18 which a covered individual lives;
19 (D) include a plan to refer covered individ-
20 uals who have completed participation in the
21 pilot program to existing resource partners and
22 participating lenders;
23 (E) include a comprehensive plan for the
24 use of grant funds, including estimates for ad-
25 ministrative expenses and outreach costs; and
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1 (F) any other requirements, as determined
2 by the Administrator.
3 (e) MATCHING REQUIREMENT.—
4 (1) IN GENERAL.—As a condition of a grant
5 provided under the pilot program, the Administrator
6 shall require the recipient of the grant to contribute
7 an amount equal to 25 percent of the amount of the
8 grant, obtained solely from non-Federal sources.
9 (2) FORM.—In addition to cash or other direct
10 funding, the contribution required under paragraph
11 (1) may include indirect costs or in-kind contribu-
12 tions paid for under non-Federal programs.
13 Subtitle G—Other Matters
14 SEC. 100701. ADMINISTRATIVE EXPENSES.
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1 rules, including interim final rules, as necessary to carry
2 out this title and the amendments made by this title.
3 SEC. 100702. OFFICE OF INSPECTOR GENERAL OF THE
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935
1 (1) access to affordable housing;
2 (2) enhanced mobility for residents and riders,
3 including those in disadvantaged communities and
4 neighborhoods, persistent poverty communities, or
5 for low-income riders generally; and
6 (3) other community benefits for residents of
7 disadvantaged communities or neighborhoods, per-
8 sistent poverty communities, or for low-income riders
9 generally identified by the Secretary and the Admin-
10 istrator related to enhanced transit service, includ-
11 ing—
12 (A) access to job and educational opportu-
13 nities;
14 (B) better connections to medical care; and
15 (C) enhanced access to grocery stores with
16 fresh foods to help eliminate food deserts.
17 (b) ADMINISTRATION OF FUNDS.—Funds made
18 available under this section—
19 (1) shall not be subject to any prior restriction
20 on the total amount of funds available for implemen-
21 tation or execution of programs authorized under
22 sections 5307, 5311, 5312, 5314, or 5339(c) of title
23 49, United States Code;
24 (2) notwithstanding requirements related to
25 Government share under such sections, shall be
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1 available for up to 100 percent of the net cost of a
2 project;
3 (3) notwithstanding section 5307(a)(1) of such
4 title, may be used for operating costs of equipment
5 and facilities in an urbanized area with a population
6 equal to or greater than 200,000 individuals; and
7 (4) shall be expended in compliance with the re-
8 quirements of part 26 of title 49, Code of Federal
9 Regulations.
10 (c) ELIGIBLE ACTIVITIES.—Eligible activities for
11 funds made available under subsection (a) shall be—
12 (1) construction of a new fixed guideway capital
13 project;
14 (2) construction of a bus rapid transit project
15 or a corridor-based bus rapid transit project that
16 utilizes zero-emission vehicles, or a collection of such
17 projects;
18 (3) the establishment or expansion of high-fre-
19 quency bus service that utilizes zero-emission buses;
20 (4) the acquisition of zero-emission vehicles or
21 related infrastructure under section 5339(c) of title
22 49, United States Code, to expand service in urban
23 areas and the acquisition of vehicles under section
24 5311 of such title to expand service in non-urban
25 areas;
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937
1 (5) an expansion of the service area or the fre-
2 quency of service of recipients or subrecipients under
3 sections 5307 or 5311 of such title, including the
4 provision of fare-free or reduced-fare service;
5 (6) renovation or construction of facilities and
6 incidental expenses related to transit service in dis-
7 advantaged communities or neighborhoods or service
8 that benefits low-income riders generally;
9 (7) additional assistance to project sponsors of
10 new fixed guideway capital projects, core capacity
11 improvement projects, or corridor-based bus rapid
12 transit projects not yet open to revenue service, not-
13 withstanding applicable requirements regarding Gov-
14 ernment share of contributions toward net project
15 cost of the project or the share of contributions pro-
16 vided by the Administrator of the Federal Transit
17 Administration, if—
18 (A) the applicant demonstrates that the
19 availability of funding under this section pro-
20 vides additional support for transit services con-
21 sistent with the requirements in subsection (a);
22 and
23 (B) assistance under this paragraph does
24 not increase by more than 10 percentage
25 points—
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938
1 (i) the Government share of contribu-
2 tions toward net project cost; or
3 (ii) the Government share of assist-
4 ance from a program carried out by the
5 Administrator of the Federal Transit Ad-
6 ministration;
7 (8) fleet transition, route, or other public trans-
8 portation planning, including planning related to
9 economic development; and
10 (9) projects to upgrade the accessibility of bus
11 or rail public transportation services for persons
12 with disabilities, including individuals who use
13 wheelchairs.
14 (d) RESEARCH, TECHNICAL ASSISTANCE, AND
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939
1 taged communities or neighborhoods and rural
2 areas, including barriers related to the cost of such
3 vehicles; and
4 (2) activities under section 5314 of such title
5 for training and development activities to support
6 the provision of service to disadvantaged commu-
7 nities or neighborhoods and rural areas.
8 (e) ADMINISTRATIVE EXPENSES.—In addition to
9 amounts otherwise available, there is appropriated for fis-
10 cal year 2022, out of any money in the Treasury not other-
11 wise appropriated, $100,000,000, to remain available until
12 September 30, 2026, for administrative expenses and
13 oversight costs of carrying out this section and to make
14 new awards or to increase prior awards to provide tech-
15 nical assistance and capacity building for eligible recipi-
16 ents or subrecipients under this section.
17 (f) PERIOD OF AVAILABILITY.—Any funds provided
18 from the general fund of the Treasury to carry out grants
19 under section 5339(c) of title 49, United States Code, for
20 fiscal years 2025 and 2026 shall remain available until
21 September 30, 2028.
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1 SEC. 110002. COMMUNITY CLIMATE INCENTIVE GRANT PRO-
2 GRAM.
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941
1 ‘‘(5) for operations and administration of the
2 Federal Highway Administration in carrying out this
3 section.
4 ‘‘(b) INCENTIVE GRANTS TO STATES.—In addition to
5 amounts otherwise available, there is appropriated for fis-
6 cal year 2022, out of any money in the Treasury not other-
7 wise appropriated, $950,000,000, to remain available until
8 September 30, 2026, to the Administrator of the Federal
9 Highway Administration for incentive grants for carbon
10 reduction projects, to be awarded to States that—
11 ‘‘(1) qualify for a reward under the incentive
12 structure established by the Administrator of the
13 Federal Highway Administration under subsection
14 (a)(2); or
15 ‘‘(2) have incorporated carbon reduction strate-
16 gies that contribute to achieving net zero greenhouse
17 gas emissions by 2050 into the transportation plans
18 required under section 135.
19 ‘‘(c) COMMUNITY CLIMATE GRANTS TO OTHER ELI-
20 GIBLE ENTITIES.—
21 ‘‘(1) IN GENERAL.—In addition to amounts
22 otherwise available, there is appropriated for fiscal
23 year 2022, out of any money in the Treasury not
24 otherwise appropriated, $3,000,000,000, to remain
25 available until September 30, 2026, to the Adminis-
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1 trator of the Federal Highway Administration to
2 award grants, on a competitive basis, for carbon re-
3 duction projects to eligible entities that are not
4 States.
5 ‘‘(2) FEDERAL SHARE.—The Federal share of
6 the cost of a project carried out with a grant under
7 this subsection may be up to 100 percent.
8 ‘‘(d) USE OF FUNDS.—
9 ‘‘(1) IN GENERAL.—A project carried out under
10 subsection (b) or (c) shall be treated as a project on
11 a Federal-aid highway.
12 ‘‘(2) COMPLIANCE WITH EXISTING REQUIRE-
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1 ‘‘(2) be used for projects that result in addi-
2 tional through travel lanes for single occupant pas-
3 senger vehicles.
4 ‘‘(f) DEFINITIONS.—In this section:
5 ‘‘(1) CARBON REDUCTION PROJECT.—The term
6 ‘carbon reduction project’ means a project—
7 ‘‘(A) that is eligible under this title; and
8 ‘‘(B) that—
9 ‘‘(i) will result in significant reduc-
10 tions in greenhouse gas emissions related
11 to a surface transportation facility or
12 project;
13 ‘‘(ii) provides zero-emission transpor-
14 tation options;
15 ‘‘(iii) reduces dependence on single-oc-
16 cupant vehicle trips; or
17 ‘‘(iv) advances carbon reduction strat-
18 egies adopted by an eligible entity that
19 contribute to achieving net-zero greenhouse
20 gas emissions by 2050.
21 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
22 tity’ means—
23 ‘‘(A) a unit of local government;
24 ‘‘(B) a political subdivision of a State;
25 ‘‘(C) a territory;
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1 ‘‘(D) a metropolitan planning organization
2 (as defined in section 134(b));
3 ‘‘(E) a special purpose district or public
4 authority with a transportation function;
5 ‘‘(F) an entity described in section
6 207(m)(1)(E); or
7 ‘‘(G) a State.’’.
8 (b) CLERICAL AMENDMENT.—The analysis for chap-
9 ter 1 of title 23, United States Code, is amended by add-
10 ing at the end the following:
‘‘177. Community climate incentive grant program.’’.
12 PROGRAM.
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1 ‘‘(1) to improve walkability, safety, and afford-
2 able transportation access through construction of
3 projects that are context-sensitive—
4 ‘‘(A) to remove, remediate, or reuse a facil-
5 ity described in subsection (c)(1);
6 ‘‘(B) to replace a facility described in sub-
7 section (c)(1) with a facility that is at-grade or
8 lower speed;
9 ‘‘(C) to retrofit or cap a facility described
10 in subsection (c)(1);
11 ‘‘(D) to build or improve complete streets,
12 multiuse trails, regional greenways, or active
13 transportation networks and spines; or
14 ‘‘(E) to provide affordable access to essen-
15 tial destinations, public spaces, or transpor-
16 tation links and hubs;
17 ‘‘(2) to mitigate or remediate negative impacts
18 on the human or natural environment resulting from
19 a facility described in subsection (c)(2) in a dis-
20 advantaged or underserved community, including
21 construction of—
22 ‘‘(A) noise barriers to reduce impacts re-
23 sulting from a facility described in subsection
24 (c)(2);
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1 ‘‘(B) technologies, infrastructure, and ac-
2 tivities to reduce surface transportation-related
3 air pollution, including greenhouse gas emis-
4 sions;
5 ‘‘(C) infrastructure or protective features
6 to reduce or manage stormwater run-off result-
7 ing from a facility described in subsection
8 (c)(2), including through natural infrastructure
9 and pervious, permeable, or porous pavement;
10 ‘‘(D) infrastructure and natural features to
11 reduce or mitigate urban heat island hot spots
12 in the transportation right-of-way or on surface
13 transportation facilities; or
14 ‘‘(E) safety improvements for vulnerable
15 road users; and
16 ‘‘(3) for planning and capacity building activi-
17 ties in disadvantaged or underserved communities
18 to—
19 ‘‘(A) identify, monitor, or assess local and
20 ambient air quality, emissions of transportation
21 greenhouse gases, hot spot areas of extreme
22 heat or elevated air pollution, gaps in tree can-
23 opy coverage, or flood prone transportation in-
24 frastructure;
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1 ‘‘(B) assess transportation equity or pollu-
2 tion impacts and develop local anti-displacement
3 policies and community benefit agreements;
4 ‘‘(C) conduct predevelopment activities for
5 projects eligible under this subsection;
6 ‘‘(D) expand public participation in trans-
7 portation planning by individuals and organiza-
8 tions in disadvantaged or underserved commu-
9 nities; or
10 ‘‘(E) administer or obtain technical assist-
11 ance related to activities described in this sub-
12 section.
13 ‘‘(b) ELIGIBLE ENTITIES DESCRIBED.—An eligible
14 entity referred to in subsection (a) is—
15 ‘‘(1) a State;
16 ‘‘(2) a unit of local government;
17 ‘‘(3) a political subdivision of a State;
18 ‘‘(4) an entity described in section
19 207(m)(1)(E);
20 ‘‘(5) a territory of the United States;
21 ‘‘(6) a special purpose district or public author-
22 ity with a transportation function;
23 ‘‘(7) a metropolitan planning organization (as
24 defined in section 134(b)); or
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1 ‘‘(8) with respect to a grant described in sub-
2 section (a)(3), in addition to an eligible entity de-
3 scribed in paragraphs (1) through (7), a nonprofit
4 organization or institution of higher education that
5 has entered into a partnership with an eligible entity
6 described in paragraphs (1) through (7).
7 ‘‘(c) FACILITY DESCRIBED.—A facility referred to in
8 subsection (a) is—
9 ‘‘(1) a surface transportation facility for which
10 high speeds, grade separation, or other design fac-
11 tors create an obstacle to connectivity within a com-
12 munity; or
13 ‘‘(2) a surface transportation facility which is a
14 source of air pollution, noise, stormwater, or other
15 burden to a disadvantaged or underserved commu-
16 nity.
17 ‘‘(d) INVESTMENT IN ECONOMICALLY DISADVAN-
18 TAGED COMMUNITIES.—
19 ‘‘(1) IN GENERAL.—In addition to amounts
20 otherwise available, there is appropriated for fiscal
21 year 2022, out of any money in the Treasury not
22 otherwise appropriated, $1,580,000,000, to remain
23 available until September 30, 2026, to the Adminis-
24 trator of the Federal Highway Administration to
25 provide grants for projects in communities described
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949
1 in paragraph (2) for the same purposes and admin-
2 istered in the same manner as described in sub-
3 section (a).
4 ‘‘(2) COMMUNITIES DESCRIBED.—A community
5 referred to in paragraph (1) is a community that—
6 ‘‘(A) is economically disadvantaged, includ-
7 ing an underserved community or a community
8 located in an area of persistent poverty;
9 ‘‘(B) has entered or will enter into a com-
10 munity benefits agreement with representatives
11 of the community;
12 ‘‘(C) has an anti-displacement policy, a
13 community land trust, or a community advisory
14 board in effect; or
15 ‘‘(D) has demonstrated a plan for employ-
16 ing local residents in the area impacted by the
17 activity or project proposed under this section.
18 ‘‘(e) ADMINISTRATION.—
19 ‘‘(1) IN GENERAL.—A project carried out under
20 subsection (a) or (d) shall be treated as a project on
21 a Federal-aid highway.
22 ‘‘(2) COMPLIANCE WITH EXISTING REQUIRE-
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950
1 compliance with the requirements of part 26 of title
2 49, Code of Federal Regulations.
3 ‘‘(f) COST SHARE.—The Federal share of the cost of
4 an activity carried out using a grant awarded under this
5 section shall be not more than 80 percent, except that the
6 Federal share of the cost of a project in a disadvantaged
7 or underserved community may be up to 100 percent.
8 ‘‘(g) TECHNICAL ASSISTANCE.—In addition to
9 amounts otherwise available, there is appropriated for fis-
10 cal year 2022, out of any money in the Treasury not other-
11 wise appropriated, $50,000,000, to remain available until
12 September 30, 2026, to the Administrator of the Federal
13 Highway Administration for—
14 ‘‘(1) guidance, technical assistance, templates,
15 training, or tools to facilitate efficient and effective
16 contracting, design, and project delivery by units of
17 local government;
18 ‘‘(2) subgrants to units of local government to
19 build capacity of such units of local government to
20 assume responsibilities to deliver surface transpor-
21 tation projects; and
22 ‘‘(3) operations and administration of the Fed-
23 eral Highway Administration.
24 ‘‘(h) LIMITATIONS.—Amounts made available under
25 this section shall not—
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951
1 ‘‘(1) be subject to any restriction or limitation
2 on the total amount of funds available for implemen-
3 tation or execution of programs authorized for Fed-
4 eral-aid highways; and
5 ‘‘(2) be used for a project for additional
6 through travel lanes for single-occupant passenger
7 vehicles.’’.
8 (b) CLERICAL AMENDMENT.—The analysis for chap-
9 ter 1 of title 23, United States Code, is further amended
10 by adding at the end the following:
‘‘178. Neighborhood access and equity grant program.’’.
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952
1 SEC. 110005. TRAFFIC SAFETY CLEARINGHOUSE.
953
1 2022, out of any money in the Treasury not otherwise ap-
2 propriated, $2,500,000 to remain available until Sep-
3 tember 30, 2026, for the Administrator of the National
4 Highway Traffic Safety Administration for the salaries,
5 expenses, and costs of administering this section.
6 (c) DEFINITION OF STATE.—In this section the term
7 ‘‘State’’ has the meaning given the term in section 401
8 of title 23, United States Code.
9 SEC. 110006. PASSENGER RAIL IMPROVEMENT, MOD-
11 GRANTS.
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1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
2 ty’’ means—
3 (A) an entity that is eligible to receive fi-
4 nancial assistance under section 26101 of title
5 49, United States Code; and
6 (B) an applicant that is eligible to receive
7 a grant under section 26106 of title 49, United
8 States Code.
9 (3) ELIGIBLE PROJECT.—The term ‘‘eligible
10 project’’ means—
11 (A) a planning project for high-speed rail
12 corridor development that consists of planning
13 activities eligible to receive financial assistance
14 under section 26101(b)(1) of title 49, United
15 States Code; and
16 (B) a capital project for high-speed rail
17 corridor development that—
18 (i) is eligible to receive a grant for a
19 capital project (as defined in section
20 26106(b)(3) of title 49, United States
21 Code); and
22 (ii) directly serves rail stations within
23 urban areas (as published by the Bureau
24 of the Census) that are located in close
25 proximity to a census tract (as published
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955
1 by the Bureau of the Census) within the
2 urban area that has a greater density pop-
3 ulation than the urban area as a whole.
4 (4) HIGH-SPEED RAIL.—The term ‘‘high-speed
5 rail’’ means non-highway ground transportation that
6 is owned or operated by an eligible entity and rea-
7 sonably expected to reach speeds of—
8 (A) 160 miles per hour or faster on a
9 shared use right-of-way; or
10 (B) 186 miles per hour or faster on a dedi-
11 cated right-of-way.
12 (c) ALLOCATION.—Not less than $1,000,000,000 of
13 the amounts appropriated by subsection (a) shall be used
14 for eligible projects described in subsection (b)(3)(A).
15 (d) FEDERAL SHARE.—For any financial assistance
16 and grants provided pursuant to this section, the Federal
17 share may not exceed 90 percent of the total cost of the
18 eligible project.
19 (e) OVERSIGHT.—Not more than $100,000,000 of
20 the amounts appropriated by subsection (a) may be used
21 by the Secretary of Transportation for the costs of award
22 and project management of financial assistance provided
23 under this section.
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956
1 SEC. 110007. ALTERNATIVE FUEL AND LOW-EMISSION AVIA-
957
1 aviation technologies among the United States com-
2 mercial aviation and aerospace industry;
3 (2) the projected greenhouse gas emissions
4 from such project, including emissions resulting
5 from the development of the project, and the poten-
6 tial the project has to reduce or displace, on a
7 lifecycle basis, United States greenhouse gas emis-
8 sions associated with air travel;
9 (3) the capacity to create new jobs and develop
10 supply chain partnerships in the United States;
11 (4) for projects related to the production of sus-
12 tainable aviation fuel, the projected lifecycle green-
13 house gas emissions benefits from the proposed
14 project, which shall include feedstock and fuel pro-
15 duction and potential direct and indirect greenhouse
16 gas emissions (including resulting from changes in
17 land use); and
18 (5) the benefits of ensuring a diversity of feed-
19 stocks for sustainable aviation fuel, including the use
20 of waste carbon oxides and direct air capture.
21 (c) COST SHARE.—The Federal share of the cost of
22 a project carried out using grant funds under subsection
23 (a) shall be a maximum of 90 percent of the proposed total
24 cost of the project, and the Secretary shall consider the
25 extent to which a proposed project meets the consider-
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958
1 ations described in subsection (b) in determining the Fed-
2 eral share under this subsection.
3 (d) FUEL EMISSIONS REDUCTION TEST.—For pur-
4 poses of clause (ii) of subsection (e)(7)(E), the Secretary
5 shall, not later than 2 years after the date of enactment
6 of this section, adopt at least 1 methodology for testing
7 lifecycle greenhouse gas emissions that meets the require-
8 ments of such clause.
9 (e) DEFINITIONS.—In this section:
10 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
11 ty’’ means—
12 (A) a State or local government, including
13 the District of Columbia, other than an airport
14 sponsor;
15 (B) an air carrier;
16 (C) an airport sponsor;
17 (D) an accredited institution of higher edu-
18 cation;
19 (E) a research institution;
20 (F) a person or entity engaged in the pro-
21 duction, transportation, blending, or storage of
22 sustainable aviation fuel in the United States or
23 feedstocks in the United States that could be
24 used to produce sustainable aviation fuel;
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1 (G) a person or entity engaged in the de-
2 velopment, demonstration, or application of low-
3 emission aviation technologies; or
4 (H) nonprofit entities or nonprofit con-
5 sortia with experience in sustainable aviation
6 fuels, low-emission aviation technologies, or
7 other clean transportation research programs.
8 (2) FEEDSTOCK.—The term ‘‘feedstock’’ means
9 sources of hydrogen and carbon not originating from
10 unrefined or refined petrochemicals.
11 (3) INDUCED LAND-USE CHANGE VALUES.—
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1 in an aircraft engine, as well as from induced land-
2 use change values.
3 (5) LOW-EMISSION AVIATION TECHNOLOGIES.—
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961
1 45K(c)(3) of the Internal Revenue Code of
2 1986), waste streams, renewable energy
3 sources, or gaseous carbon oxides;
4 (D) is not derived from palm fatty acid
5 distillates; and
6 (E) achieves at least a 50 percent lifecycle
7 greenhouse gas emissions reduction in compari-
8 son with petroleum-based jet fuel, as deter-
9 mined by a test that shows—
10 (i) the fuel production pathway
11 achieves at least a 50 percent reduction of
12 the aggregate attributional core lifecycle
13 emissions and the induced land use change
14 values under a lifecycle methodology for
15 sustainable aviation fuels similar to that
16 adopted by the International Civil Aviation
17 Organization with the agreement of the
18 United States; or
19 (ii) the fuel production pathway
20 achieves at least a 50 percent reduction of
21 the aggregate attributional core lifecycle
22 greenhouse gas emissions values and the
23 induced land-use change values under an-
24 other methodology that the Secretary de-
25 termines is—
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962
1 (I) reflective of the latest sci-
2 entific understanding of lifecycle
3 greenhouse gas emissions; and
4 (II) as stringent as the require-
5 ment under clause (i).
6 SEC. 110008. ASSISTANCE TO UPDATE AND ENFORCE HAZ-
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1 (2) the latest requirements for the maintenance
2 and inspection of existing buildings to address haz-
3 ard risk.
4 (b) ADMINISTRATION.—In addition to amounts oth-
5 erwise available, there is appropriated for fiscal year 2022,
6 out of any money in the Treasury not otherwise available,
7 $4,500,000 to the Administrator of the Federal Emer-
8 gency Management Agency, to remain available until ex-
9 pended, for administrative expenses of carrying out this
10 section.
11 SEC. 110009. ECONOMIC DEVELOPMENT ADMINISTRATION.
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1 (b) RECOMPETE GRANTS FOR PERSISTENTLY DIS-
2 TRESSED COMMUNITIES.—
3 (1) IN GENERAL.—In addition to amounts oth-
4 erwise available, there is appropriated for fiscal year
5 2022, out of any money in the Treasury not other-
6 wise appropriated, $1,200,000,000, to remain avail-
7 able until September 30, 2031, to the Secretary of
8 Commerce for economic adjustment assistance as
9 authorized by section 209 of the Public Works and
10 Economic Development Act of 1965 (42 U.S.C.
11 3149) to provide grants to eligible recipients (as de-
12 fined in section 3 of such Act) to alleviate economic
13 distress and support long-term comprehensive eco-
14 nomic development and job creation in persistently
15 distressed local labor markets and local commu-
16 nities, except that sections 204 and 301 of such Act
17 (42 U.S.C. 3144 and 3161) shall be inapplicable to
18 such grants.
19 (2) RECOMPETE PLAN.—As a condition of re-
20 ceipt of a grant described under paragraph (1), an
21 eligible recipient shall submit a comprehensive 10-
22 year economic development plan for approval by the
23 Secretary that includes—
24 (A) proposed programs and activities to be
25 carried out with a grant awarded under this
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1 subsection to address the economic challenges
2 of the local labor market or local community in
3 a manner that promotes long-term, sustained
4 economic growth, quality job creation, and local
5 prime-age employment growth;
6 (B) projected costs, annual expenditures,
7 and a proposed grant disbursement schedule;
8 and
9 (C) other local economic information and
10 periodic benchmarking criteria as the Secretary
11 determines appropriate.
12 (3) MAXIMUM AWARD AMOUNT.—In deter-
13 mining the maximum amount of a grant that may
14 be awarded under paragraph (1) for the purposes of
15 implementing and carrying out the programs and ac-
16 tivities identified in an approved recompete plan de-
17 scribed in paragraph (2), the Secretary shall use the
18 product obtained by multiplying—
19 (A) the difference in the prime-age employ-
20 ment rate between the United States and the
21 local labor market or local community;
22 (B) the prime-age population of the local
23 labor market or local community; and
24 (C) either—
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1 (i) $70,585 for local labor markets
2 with a prime-age employment rate not less
3 than 2.5 percent below the United States;
4 or
5 (ii) $53,600 for local communities
6 with a prime-age employment rate not less
7 than 5 percent below the United States.
8 (4) DEFINITIONS.—In this subsection:
9 (A) LOCAL LABOR MARKET.—The term
10 ‘‘local labor market’’ means any of the following
11 areas that contains 1 or more recipients eligible
12 under paragraph (1):
13 (i) A metropolitan statistical area or
14 micropolitan statistical area, excluding any
15 area described in clause (iii).
16 (ii) A commuting zone, excluding any
17 areas described in clauses (i) and (iii).
18 (iii) Tribal land subject to the juris-
19 diction of an Indian Tribe.
20 (B) LOCAL COMMUNITY.—The term ‘‘local
21 community’’ means the area served by a unit of
22 general local government that is located within,
23 but does not cover the entire area of, a local
24 labor market that does not meet the criteria de-
25 scribed in paragraph (3)(C)(i).
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1 (c) ECONOMIC ADJUSTMENT ASSISTANCE FOR EN-
2 ERGY AND INDUSTRIAL TRANSITION COMMUNITIES.—In
3 addition to amounts otherwise available, there is appro-
4 priated for fiscal year 2022, out of any money in the
5 Treasury not otherwise appropriated, $240,000,000, to re-
6 main available until September 30, 2027, to the Secretary
7 of Commerce for economic adjustment assistance as au-
8 thorized by section 209 of the Public Works and Economic
9 Development Act of 1965 (42 U.S.C. 3149) to provide as-
10 sistance, including grants for technical assistance, plan-
11 ning, and predevelopment activities, to energy and indus-
12 trial transition communities, including oil, gas, coal, nu-
13 clear, and biomass transition communities, and manufac-
14 turing transition communities.
15 (d) ECONOMIC ADJUSTMENT ASSISTANCE FOR
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1 tivities, including activities relating to the writing of grant
2 applications (consistent with section 213 of the Public
3 Works and Economic Development Act of 1965 (42
4 U.S.C. 3153)) and stipends to local community organiza-
5 tions for planning participation, community outreach and
6 engagement activities, subject to the conditions that—
7 (1) sections 204 and 301 of such Act shall not
8 apply to grants made with amounts made available
9 under this subsection; and
10 (2) not less than 50 percent of the amounts
11 made available under this subsection shall be for ac-
12 tivities that are carried out in underserved commu-
13 nities.
14 (e) ADMINISTRATION.—In addition to amounts other-
15 wise available, there is appropriated for fiscal year 2022,
16 out of any money in the Treasury not otherwise appro-
17 priated, $210,000,000, to remain available until Sep-
18 tember 30, 2031, for the administrative expenses of car-
19 rying out this section.
20 SEC. 110010. ASSISTANCE FOR FEDERAL BUILDINGS.
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1 tion 592 of title 40, United States Code, for measures nec-
2 essary to convert facilities of the Administrator of General
3 Services to high-performance green buildings (as defined
4 in section 401 of the Energy Independence and Security
5 Act of 2007 (42 U.S.C. 17061)).
6 SEC. 110011. CLIMATE RESILIENT COAST GUARD INFRA-
7 STRUCTURE.
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1 National Defense Authorization Act for Fiscal Year 2021
2 (Public Law 116–283).
3 (b) LIMITATION.—The funds made available under
4 this section are subject to the condition that the Coast
5 Guard shall not—
6 (1) enter into an agreement involving funds
7 made available under subsection (a) if such agree-
8 ment—
9 (A) is for a term extending beyond Sep-
10 tember 30, 2031; or
11 (B) involves any payment that could be
12 made or funds disbursed using amounts made
13 available under subsection (a) after September
14 30, 2031; or
15 (2) use any other funds available to the Coast
16 Guard to satisfy obligations initially made under
17 subsection (a).
18 SEC. 110013. PORT INFRASTRUCTURE AND SUPPLY CHAIN
19 RESILIENCE.
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1 ience, reduction in port congestion, and the development
2 of offshore wind through the program under section
3 50302(c) of title 46, United States Code.
4 (b) LIMITATIONS.—The funds made available under
5 this section are subject to the condition that the Secretary
6 of Transportation shall not—
7 (1) enter into an agreement involving funds
8 made available under subsection (a) if such agree-
9 ment—
10 (A) is for a term extending beyond Sep-
11 tember 30, 2031; or
12 (B) involves any payment that could be
13 made or funds disbursed using amounts made
14 available under subsection (a) after September
15 30, 2031; or
16 (2) use any other funds available to the Sec-
17 retary to satisfy obligations initially made under
18 subsection (a).
19 SEC. 110014. ALTERNATIVE WATER SOURCE PROJECT
20 GRANTS.
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1 rying out section 220 of the Federal Water Pollution Con-
2 trol Act (33 U.S.C. 1300), in accordance with subsection
3 (b), which funds may be used to make grants under such
4 section on the condition that—
5 (1) a project carried out using such funds shall,
6 to the maximum extent practicable, maximize the
7 avoidance, minimization, or mitigation of climate
8 change impacts on, and of, any constructed part of
9 the project (including through the implementation of
10 technologies to recover and reuse energy produced in
11 the treatment of wastewater); and
12 (2) all of the iron and steel used in the project
13 are produced in the United States in accordance
14 with section 608 of such Act (33 U.S.C. 1388).
15 (b) LIMITATIONS.—For purposes of subsection (a)—
16 (1) the limitation in section 220(d)(1) of the
17 Federal Water Pollution Control Act (as in effect on
18 September 1, 2021), as it applies to the receipt of
19 planning or design funds, shall not apply with re-
20 spect to eligibility for a grant under this section; and
21 (2) the requirements of sections 220(d)(2) and
22 (e) of such Act (as in effect on September 1, 2021)
23 shall not apply to the making of a grant under this
24 section.
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1 (c) ADMINISTRATIVE COSTS.—Of the amounts made
2 available under subsection (a), the Administrator of the
3 Environmental Protection Agency shall reserve 4 percent
4 for the administrative costs of carrying out this section.
5 SEC. 110015. SEWER OVERFLOW AND STORMWATER REUSE
6 MUNICIPAL GRANTS.
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1 propriated, $1,350,000,000, to remain available
2 until expended, for carrying out section 221 of the
3 Federal Water Pollution Control Act (33 U.S.C.
4 1301), which funds may be used to make grants
5 under such section to a financially distressed com-
6 munity (as defined in such section), or an Indian
7 tribe or other entity described in section 518(c)(3)
8 of such Act, on the condition that any activity car-
9 ried out using such funds shall, to the maximum ex-
10 tent practicable, maximize the avoidance, minimiza-
11 tion, or mitigation of climate change impacts on,
12 and of, any constructed part of the activity (includ-
13 ing through the implementation of technologies to
14 recover and reuse energy produced in the treatment
15 of wastewater).
16 (2) LIMITATION.—In carrying out paragraph
17 (1), the Administrator of the Environmental Protec-
18 tion Agency may not require a financially distressed
19 community, Indian tribe, or entity receiving a grant
20 pursuant to this subsection to provide, as a condi-
21 tion of eligibility to receive such grant, a share of
22 the cost of the activity for which the grant was
23 made.
24 (c) ADMINISTRATIVE COSTS.—Of the amounts made
25 available under each of subsections (a) and (b), the Ad-
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1 ministrator of the Environmental Protection Agency shall
2 reserve 4 percent for the administrative costs of carrying
3 out this section.
4 SEC. 110016. INDIVIDUAL HOUSEHOLD DECENTRALIZED
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1 cluding eligible individuals using household cess-
2 pools.
3 (b) ADMINISTRATIVE COSTS.—Of the amounts made
4 available under subsection (a), the Administrator of the
5 Environmental Protection Agency shall reserve 7 percent
6 for the administrative costs of carrying out this section.
7 SEC. 110017. DISASTER RELIEF.
20 FUNDS.
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1 ‘‘§ 179. Environmental review implementation funds
2 ‘‘(a) ESTABLISHMENT.—In addition to amounts oth-
3 erwise available, for fiscal year 2022, there is appropriated
4 to the Administrator, out of any money in the Treasury
5 not otherwise appropriated, $50,000,000, to remain avail-
6 able until September 30, 2026, for the purpose of facili-
7 tating the development and review of documents for the
8 environmental review process for proposed projects, in-
9 cluding through—
10 ‘‘(1) the provision of guidance, technical assist-
11 ance, templates, training, or tools to facilitate an ef-
12 ficient and effective environmental review process for
13 surface transportation projects, including any ad-
14 ministrative expenses of the Federal Highway Ad-
15 ministration to conduct such activities; and
16 ‘‘(2) providing funds made available under this
17 subsection to eligible entities—
18 ‘‘(A) to build capacity of such eligible enti-
19 ties and facilitate the environmental review
20 process for proposed projects, including—
21 ‘‘(i) defining the scope or study areas;
22 ‘‘(ii) identifying impacts, mitigation
23 measures, and reasonable alternatives;
24 ‘‘(iii) preparing planning and environ-
25 mental studies and other documents prior
26 to and during the environmental review
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978
1 process, for potential use in the environ-
2 mental review process in accordance with
3 applicable statutes and regulations;
4 ‘‘(iv) conducting public engagement
5 activities; and
6 ‘‘(v) carrying out other activities, in-
7 cluding permitting activities, as the Admin-
8 istrator determines to be appropriate, to
9 support the timely completion of an envi-
10 ronmental review process required for a
11 proposed project; and
12 ‘‘(B) for administrative expenses of the eli-
13 gible entity to conduct any of the activities de-
14 scribed in subparagraph (A).
15 ‘‘(b) COST SHARE.—
16 ‘‘(1) IN GENERAL.—The Federal share of the
17 cost of an activity carried out under this section by
18 an eligible entity shall be not more than 80 percent.
19 ‘‘(2) SOURCE OF FUNDS.—The non-Federal
20 share of the cost of an activity carried out under
21 this section by an eligible entity may be satisfied
22 using funds made available to the eligible entity
23 under any other Federal, State, or local grant pro-
24 gram, including funds made available to the eligible
25 entity under this section or title 49.
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1 ‘‘(c) DEFINITIONS.—In this section:
2 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
3 trator’ means the Administrator of the Federal
4 Highway Administration.
5 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
6 tity’ means—
7 ‘‘(A) a State;
8 ‘‘(B) a unit of local government;
9 ‘‘(C) a political subdivision of a State;
10 ‘‘(D) a territory of the United States;
11 ‘‘(E) an entity described in section
12 207(m)(1)(E);
13 ‘‘(F) a recipient of funds under section
14 203; or
15 ‘‘(G) a metropolitan planning organization
16 (as defined in section 134(b)).
17 ‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—The
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1 SEC. 110019. LOW-CARBON TRANSPORTATION MATERIALS
2 GRANTS.
19 COSTS.—
981
1 crementally higher cost of using such materials
2 relative to the cost of using traditional mate-
3 rials, as determined by the eligible recipient and
4 verified by the Administrator.
5 ‘‘(2) INCENTIVE.—If a reimbursement is pro-
6 vided under paragraph (1), the total Federal share
7 payable for the project for which the reimbursement
8 is provided shall be up to 100 percent.
9 ‘‘(3) LIMITATIONS.—
10 ‘‘(A) IN GENERAL.—The Administrator
11 shall only provide a reimbursement under para-
12 graph (1) for a project on a—
13 ‘‘(i) Federal-aid highway;
14 ‘‘(ii) tribal transportation facility;
15 ‘‘(iii) Federal lands transportation fa-
16 cility; or
17 ‘‘(iv) Federal lands access transpor-
18 tation facility.
19 ‘‘(B) OTHER RESTRICTIONS.—Amounts
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1 ‘‘(C) SINGLE OCCUPANT PASSENGER VEHI-
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1 ‘‘(E) an entity described in section
2 207(m)(1));
3 ‘‘(F) a recipient of funds under section
4 203; or
5 ‘‘(G) a special purpose district or public
6 authority with a transportation function.
7 ‘‘(3) EMBODIED CARBON.—The term ‘embodied
8 carbon’ means the quantity of greenhouse gas emis-
9 sions associated with all relevant stages of produc-
10 tion of a material or product, measured in kilograms
11 of carbon dioxide-equivalent per unit of such mate-
12 rial or product.
13 ‘‘(4) LOW-EMBODIED CARBON CONSTRUCTION
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1 TITLE XII—COMMITTEE ON
2 VETERANS AFFAIRS
3 SEC. 120001. DEPARTMENT OF VETERANS AFFAIRS INFRA-
4 STRUCTURE IMPROVEMENTS.
20 AFFAIRS.
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1 ‘‘(2)(A) The Secretary may enter into an enhanced-
2 use lease on or after the date of the enactment of this
3 paragraph only if the Secretary determines—
4 ‘‘(i) that the lease will not be inconsistent with,
5 and will not adversely affect—
6 ‘‘(I) the mission of the Department; or
7 ‘‘(II) the operation of facilities, programs,
8 and services of the Department in the local
9 area; and
10 ‘‘(ii) that—
11 ‘‘(I) the lease will enhance the use of the
12 leased property by directly or indirectly benefit-
13 ting veterans; or
14 ‘‘(II) the leased property will provide sup-
15 portive housing.
16 ‘‘(B) The Secretary shall give priority to enhanced-
17 use leases that, on the leased property—
18 ‘‘(i) provide supportive housing for veterans;
19 ‘‘(ii) provide direct services or benefits targeted
20 to veterans; or
21 ‘‘(iii) provide services or benefits that indirectly
22 support veterans.’’.
23 (b) APPROPRIATION.—In addition to amounts other-
24 wise available, there is appropriated for fiscal year 2022,
25 out of any money in the Treasury not otherwise appro-
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986
1 priated, $455,000,000 for the Department of Veterans Af-
2 fairs, to remain available until expended, to enter into en-
3 hanced-use leases pursuant to section 8162 of title 38,
4 United States Code, as amended by this section.
5 (c) MODIFICATION OF SUNSET.—Section 8169 of
6 such title is amended by striking ‘‘December 31, 2023’’
7 and inserting ‘‘September 30, 2026’’.
8 SEC. 120003. MAJOR MEDICAL FACILITY LEASES OF THE
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987
1 (b) MODIFICATION OF DEFINITION OF MAJOR MED-
2 ICAL FACILITY LEASE.—Subparagraph (B) of paragraph
3 (3) of such subsection is amended to read as follows:
4 ‘‘(B) The term ‘major medical facility lease’—
5 ‘‘(i) means a lease for space for use as a
6 new medical facility approved through the Gen-
7 eral Services Administration under section
8 3307(a)(2) of title 40 at an average annual rent
9 equal to or greater than the dollar threshold de-
10 scribed in such section, which shall be subject
11 to annual adjustment in accordance with sec-
12 tion 3307(h) of such title; and
13 ‘‘(ii) does not include a lease for space for
14 use as a shared Federal medical facility for
15 which the Department’s estimated share of the
16 lease costs does not exceed such dollar thresh-
17 old.’’.
18 (c) INTERIM LEASING ACTIONS.—Such section is fur-
19 ther amended by adding at the end the following new sub-
20 section:
21 ‘‘(i)(1) The Secretary may carry out interim leasing
22 actions for major medical facility leases (as defined in sub-
23 section (a)(3)(B)).
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988
1 ‘‘(2) In this subsection, the term ‘interim leasing ac-
2 tions’ has the meaning given that term by the Adminis-
3 trator of the General Services Administration.’’.
4 (d) APPLICABILITY.—The amendments made by this
5 section shall apply with respect to a major medical facility
6 lease of the Department of Veterans Affairs that has not
7 been specifically authorized by law on or before the date
8 of the enactment of this Act and is included as part of
9 the annual budget submission of the Department of Vet-
10 erans Affairs for fiscal year 2022, 2023, or 2024.
11 (e) PURCHASE OPTIONS.—The Secretary of Veterans
12 Affairs may obligate and expend funds to exercise a pur-
13 chase option included in any major medical facility lease
14 described in subsection (d).
15 (f) APPROPRIATION.—In addition to amounts other-
16 wise available, there is appropriated for fiscal year 2022,
17 out of any money in the Treasury not otherwise appro-
18 priated, $1,805,000,000, to remain available until ex-
19 pended, for major medical facility leases pursuant to sub-
20 chapter I of chapter 81 of title 38, United States Code,
21 as amended by this section, as requested in the annual
22 budget submission of the Department of Veterans Affairs
23 for fiscal year 2022, 2023, or 2024.
24 (g) TERMINATION AND RESTORATION.—
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989
1 (1) IN GENERAL.—Effective upon the date of
2 execution of the final lease award for leases de-
3 scribed in subsection (d), subsections (a) through (e)
4 of this section and the amendments made by those
5 subsections are repealed and any provision of law
6 amended by those subsections is restored as if those
7 subsections had not been enacted into law.
8 (2) NOTIFICATION.—The Secretary of Veterans
9 Affairs shall submit to Congress and the Law Revi-
10 sion Counsel of the House of Representatives written
11 notification of the date specified in paragraph (1)
12 not later than 30 days before such date.
13 SEC. 120004. INCREASE IN NUMBER OF HEALTH PROFES-
16 CILITIES.
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990
1 pursuant to section 7412(a) of such title, or allocated pur-
2 suant to a prioritization by the Secretary of occupations
3 in primary care, mental health care, and any other health
4 professions occupation the Secretary determines appro-
5 priate) through the establishment of such new positions
6 at—
7 (1) medical facilities where the Secretary estab-
8 lished such positions pursuant to section 301(b)(2)
9 of the Veterans Access, Choice, and Accountability
10 Act of 2014 (Public Law 113–146; 38 U.S.C. 7302
11 note); or
12 (2) any medical facility—
13 (A) the director of which expresses an in-
14 terest in establishing or expanding a health pro-
15 fessions residency program at the medical facil-
16 ity; or
17 (B) that is located in a community that
18 has a high concentration of veterans or is expe-
19 riencing a shortage of health care professionals.
20 (b) APPROPRIATIONS.—In addition to amounts other-
21 wise available, there is appropriated to the Department
22 of Veterans Affairs for fiscal year 2022, out of any money
23 in the Treasury not otherwise appropriated,
24 $268,000,000, to remain available until September 30,
25 2029, for the purpose of carrying out this section.
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1 SEC. 120005. VETERAN RECORDS SCANNING.
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992
1 TITLE XIII—COMMITTEE ON
2 WAYS AND MEANS
3 Subtitle A
4 PART 1—PROVISIONS RELATING TO PATHWAYS
5 TO HEALTH CAREERS
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1 training activities, and case management and career
2 coaching services that the applicant will use to assist
3 eligible individuals to gain work experience, connec-
4 tion to employers, and job placement, and a descrip-
5 tion of the plan for recruiting, hiring, and training
6 staff to provide the case management, mentoring,
7 and career coaching services, under the project di-
8 rectly or through local governmental, apprenticeship,
9 educational, or charitable institutions.
10 ‘‘(3) A demonstration that the applicant has ex-
11 perience working with low-income populations, or a
12 description of the plan of the applicant to work with
13 a partner organization that has the experience.
14 ‘‘(4) A plan for providing post-employment sup-
15 port and ongoing training as part of a career path-
16 way under the project.
17 ‘‘(5) A description of the support services that
18 the applicant will provide under the project, includ-
19 ing a plan for how child care and transportation
20 support services will be guaranteed and, if the appli-
21 cant will provide a cash stipend or wage supplement,
22 how the stipend or supplement would be calculated
23 and distributed.
24 ‘‘(6) A certification by the applicant that the
25 project development included—
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1 ‘‘(A) consultation or commitment to con-
2 sult with a local workforce development board;
3 ‘‘(B) consideration of registered appren-
4 ticeship and pre-apprenticeship models;
5 ‘‘(C) consideration of career pathway pro-
6 grams in the State in which the project is to be
7 conducted; and
8 ‘‘(D) a review of the State plan under sec-
9 tion 102 or 103 of the Workforce Innovation
10 and Opportunity Act.
11 ‘‘(7) A description of the availability and rel-
12 evance of recent labor market information and other
13 pertinent evidence of in-demand jobs or worker
14 shortages.
15 ‘‘(8) A certification that the applicant will di-
16 rectly provide or contract for the training services
17 described in the application.
18 ‘‘(9) A commitment by the applicant that, if the
19 grant is made to the applicant, the applicant will—
20 ‘‘(A) during the planning period for the
21 project, provide the Secretary with any informa-
22 tion needed by the Secretary to establish ade-
23 quate data reporting and administrative struc-
24 ture for the project;
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1 ‘‘(B) hire a person to direct the project not
2 later than the end of the planning period appli-
3 cable to the project;
4 ‘‘(C) accept all technical assistance offered
5 by the Secretary with respect to the grant;
6 ‘‘(D) participate in peer technical assist-
7 ance conferences as are regularly scheduled by
8 the Secretary; and
9 ‘‘(E) provide all data required by the Sec-
10 retary under subsection (g).
11 ‘‘(b) ADDITIONAL APPLICATION ELEMENT.—In con-
12 sidering applications for a grant under this section, the
13 Secretary shall require qualified applicants to have at least
14 1 of the following application elements—
15 ‘‘(1) applications submitted by applicants to
16 whom a grant was made under this section or any
17 predecessor to this section;
18 ‘‘(2) applications submitted by applicants who
19 have business and community partners in each of
20 the following categories:
21 ‘‘(A) State and local government agencies
22 and social service providers, including a State
23 or local entity that administers a State program
24 funded under part A of this title;
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1 ‘‘(B) institutions of higher education, ap-
2 prenticeship programs, and local workforce de-
3 velopment boards; and
4 ‘‘(C) health care employers, health care in-
5 dustry or sector partnerships, labor unions, and
6 labor-management partnerships;
7 ‘‘(3) applications that include opportunities for
8 mentoring or peer support, and make career coach-
9 ing available, as part of the case management plan;
10 ‘‘(4) applications which describe a project that
11 will serve a rural area in which—
12 ‘‘(A) the community in which the individ-
13 uals to be enrolled in the project reside is lo-
14 cated;
15 ‘‘(B) the project will be conducted; or
16 ‘‘(C) an employer partnership that has
17 committed to hiring individuals who successfully
18 complete all activities under the project is lo-
19 cated;
20 ‘‘(5) applications that include a commitment to
21 providing project participants with a cash stipend or
22 wage supplement; and
23 ‘‘(6) applications which have an emergency cash
24 fund to assist project participants financially in
25 emergency situations.
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1 ‘‘(c) GRANTS.—
2 ‘‘(1) COMPETITIVE GRANTS.—
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1 spect to such a grant. If, for a grant cycle,
2 there are fewer than 2 such eligible entities
3 in a State that have submitted applications
4 with a high likelihood of success, the Sec-
5 retary shall identify qualified eligible appli-
6 cants located elsewhere, that are otherwise
7 approved but un-funded, and issue a Sub-
8 stitution of Grant and tailored technical
9 assistance. In the preceding sentence, the
10 term ‘issue a Substitution of Grant’
11 means, in a case in which an approved
12 grantee does not complete its full project
13 period, or in which there are fewer than 2
14 qualified grantees per State with a high
15 likelihood of success, substitute an appli-
16 cant located in another State that was ap-
17 proved but un-funded during the competi-
18 tion for the award for the award recipient.
19 ‘‘(B) GUARANTEE OF GRANTS FOR INDIAN
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1 the requirements applicable with respect to such
2 a grant.
3 ‘‘(C) GUARANTEE OF GRANTEES IN THE
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1 ‘‘(i) An assessment for adult basic
2 skill competency, and provision of adult
3 basic skills education if necessary for
4 lower-skilled eligible individuals to enroll in
5 the project and go on to enter and com-
6 plete post-secondary training, through
7 means including the following:
8 ‘‘(I) Establishing a network of
9 partners that offer pre-training activi-
10 ties for project participants who need
11 to improve basic academic skills or
12 English language proficiency before
13 entering a health occupational train-
14 ing career pathway program.
15 ‘‘(II) Offering resources to enable
16 project participants to continue ad-
17 vancing adult basic skill proficiency
18 while enrolled in a career pathway
19 program.
20 ‘‘(III) Embedding adult basic
21 skill maintenance as part of ongoing
22 post-graduation career coaching and
23 mentoring.
24 ‘‘(ii) A guarantee that child care is an
25 available and affordable support service for
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1 project participants through means such as
2 the following:
3 ‘‘(I) Referral to, and assistance
4 with, enrollment in a subsidized child
5 care program.
6 ‘‘(II) Direct payment to a child
7 care provider if a slot in a subsidized
8 child care program is not available or
9 reasonably accessible.
10 ‘‘(III) Payment of co-payments
11 or associated fees for child care.
12 ‘‘(iii) Case management plans that in-
13 clude career coaching (with the option to
14 offer appropriate peer support and men-
15 toring opportunities to help develop soft
16 skills and social capital), which may be of-
17 fered on an ongoing basis before, during,
18 and after initial training as part of a ca-
19 reer pathway model.
20 ‘‘(iv) A plan to provide project partici-
21 pants with transportation through means
22 such as the following:
23 ‘‘(I) Referral to, and assistance
24 with enrollment in, a subsidized trans-
25 portation program.
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1 ‘‘(II) If a subsidized transpor-
2 tation program is not reasonably
3 available, direct payments to subsidize
4 transportation costs.
5 For purposes of this clause, the term
6 ‘transportation’ includes public transit, or
7 gasoline for a personal vehicle if public
8 transit is not reasonably accessible or
9 available.
10 ‘‘(B) ALLOWED SUPPORT.—The goods and
11 services provided under a project for which a
12 grant is made under this section may include
13 the following:
14 ‘‘(i) A cash stipend.
15 ‘‘(ii) A reserve fund for financial as-
16 sistance to project participants in emer-
17 gency situations.
18 ‘‘(iii) Tuition, certification exam fees,
19 and training materials such as books, soft-
20 ware, uniforms, shoes, connection to the
21 internet, hair nets, and personal protective
22 equipment.
23 ‘‘(iv) In-kind resource donations such
24 as interview clothing and conference at-
25 tendance fees.
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1 ‘‘(v) Assistance with accessing and
2 completing high school equivalency or adult
3 basic education courses as necessary to
4 achieve success in the project and make
5 progress toward career goals.
6 ‘‘(vi) Assistance with programs and
7 activities, including legal assistance,
8 deemed necessary to address arrest or con-
9 viction records as an employment barrier.
10 ‘‘(vii) Other support services as
11 deemed necessary for family well-being,
12 success in the project, and progress toward
13 career goals.
14 ‘‘(3) TRAINING.—The number of hours of train-
15 ing provided to an eligible individual under a project
16 for which a grant is made under this section, for a
17 recognized postsecondary credential (including an in-
18 dustry-recognized credential, and a certificate
19 awarded by a local workforce development board),
20 which is awarded in recognition of attainment of
21 measurable technical or occupational skills necessary
22 to gain employment or advance within an occupa-
23 tion, shall be—
24 ‘‘(A) not less than the number of hours of
25 training required for certification in that level
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1 of skill by the State in which the project is con-
2 ducted; or
3 ‘‘(B) if there is no such requirement, such
4 number of hours of training as the Secretary
5 finds is necessary to achieve that skill level.
6 ‘‘(4) INCLUSION OF TANF RECIPIENTS.—In the
7 case of a project for which a grant is made under
8 this section that is conducted in a State that has a
9 program funded under part A of title IV, at least 10
10 percent of the eligible individuals to whom support
11 is provided under the project shall meet the income
12 eligibility requirements under that State program,
13 without regard to whether the individuals receive
14 benefits or services directly under that State pro-
15 gram.
16 ‘‘(5) INCOME LIMITATION.—An entity to which
17 a grant is made under this section shall not use the
18 grant to provide support to a person who is not an
19 eligible individual.
20 ‘‘(6) PROHIBITION.—An entity to which a grant
21 is made under this section shall not use the grant
22 for purposes of entertainment, except that case man-
23 agement and career coaching services may include
24 celebrations of specific career-based milestones such
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1 as completing a semester, graduation, or job place-
2 ment.
3 ‘‘(e) TECHNICAL ASSISTANCE.—
4 ‘‘(1) IN GENERAL.—The Secretary shall provide
5 technical assistance—
6 ‘‘(A) to assist eligible entities in applying
7 for grants under this section;
8 ‘‘(B) that is tailored to meet the needs of
9 grantees at each stage of the administration of
10 projects for which grants are made under this
11 section;
12 ‘‘(C) that is tailored to meet the specific
13 needs of Indian tribes, tribal organizations, and
14 tribal colleges and universities;
15 ‘‘(D) that is tailored to meet the specific
16 needs of the territories;
17 ‘‘(E) that is tailored to meet the specific
18 needs of applicants, eligible entities, and grant-
19 ees, in carrying out dedicated career pathway
20 projects pursuant to subsections (h) and (i);
21 and
22 ‘‘(F) to facilitate the exchange of informa-
23 tion among eligible entities regarding best prac-
24 tices and promising practices used in the
25 projects.
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1 ‘‘(2) CONTINUATION OF PEER TECHNICAL AS-
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1 opment, and that provides increased wages and af-
2 fordable benefits, including health care coverage,
3 that are responsive to the needs of the workforce.
4 ‘‘(3) REQUIREMENT APPLICABLE TO MATERNAL
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1 eligible entities to conduct career pathway projects
2 for the purpose of providing education for profes-
3 sions such as doulas, lactation consultants, child-
4 birth educators, infant massage therapists, newborn
5 care specialists, midwives, and other community
6 health worker professions, for individuals to enter
7 and follow a dedicated career pathway in the field of
8 pregnancy, childbirth, or post-partum services in a
9 State that recognizes doulas or midwives as health
10 care providers and that provides payment for serv-
11 ices provided by doulas or midwives, as the case may
12 be, under the State plan approved under title XIX.
13 ‘‘(2) DURATION.—A grant awarded under this
14 subsection shall have the same grant cycle as is pro-
15 vided in subsection (c)(2), and as a condition of
16 funding the grantee shall comply with all data re-
17 porting requirements associated with the grant cycle.
18 ‘‘(3) APPLICATION REQUIREMENTS.—An entity
19 seeking a grant under this subsection for a project
20 shall submit to the Secretary an application for the
21 grant, that includes the following:
22 ‘‘(A) A description of the partnerships,
23 strategic staff hiring decisions, tailored program
24 activities, or other programmatic elements of
25 the project that are designed to support a
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1 strong career pathway in pregnancy, birth, or
2 post-partum services.
3 ‘‘(B) A demonstration that the State in
4 which the project is to be conducted recognizes
5 and permits doulas and midwives to practice in
6 the State.
7 ‘‘(C) A demonstration that the applicant
8 has experience working with low-income popu-
9 lations, or a description of the plan of the appli-
10 cant to work with a partner that has the experi-
11 ence.
12 ‘‘(4) SUPPORT TO BE PROVIDED.—The recipi-
13 ent of a grant under this subsection for a project
14 shall provide required supportive services described
15 in subsection (d)(2)(A) to project participants who
16 need the services, and may expend the funding on el-
17 igible supportive services described in subsection
18 (d)(2)(B).
19 ‘‘(i) SECOND CHANCE CAREER PATHWAY.—
20 ‘‘(1) GRANT AUTHORITY.—The Secretary shall
21 award grants in accordance with this subsection to
22 eligible entities to conduct career pathway projects
23 for the purpose of providing education and training
24 for eligible individuals with arrest or conviction
25 records to enter and follow a career pathway in the
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1 health professions through occupations that are ex-
2 pected to experience a labor shortage or be in high
3 demand.
4 ‘‘(2) DURATION.—A grant awarded under this
5 subsection shall have the same grant cycle as is pro-
6 vided in subsection (c)(2), and as a condition of
7 funding the grantee shall comply with all data re-
8 porting requirements associated with the grant cycle.
9 ‘‘(3) APPLICATION REQUIREMENTS.—An entity
10 seeking a grant under this subsection for a project
11 shall submit to the Secretary an application for the
12 grant, that includes the following:
13 ‘‘(A) A demonstration that the State in
14 which the project is to be conducted has in ef-
15 fect policies or laws that permit certain allied
16 health and behavioral health care credentials to
17 be awarded to people with certain arrest or con-
18 viction records (which policies or laws shall in-
19 clude appeals processes and other opportunities
20 to demonstrate rehabilitation to obtain licensure
21 and approval to work in the proposed health ca-
22 reers), and a plan described in the application
23 which will use a legally permitted career path-
24 way to train people with such a record to be
25 trained and employed in such a career.
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1 ‘‘(B) A discussion of how the project or fu-
2 ture strategic hiring decisions will demonstrate
3 the experience and expertise of the project in
4 working with job seekers who have arrest or
5 conviction records or employers with experience
6 working with people with arrest or conviction
7 records.
8 ‘‘(C) A demonstration that the applicant
9 has experience working with low-income popu-
10 lations, or a description of the plan of the appli-
11 cant to work with a partner that has the experi-
12 ence.
13 ‘‘(D) An identification of promising inno-
14 vations or best practices that can be used to
15 provide the training.
16 ‘‘(E) A proof of concept or demonstration
17 that the applicant has done sufficient research
18 on workforce shortage or in-demand jobs for
19 which people with certain types of criminal
20 records can be hired.
21 ‘‘(F) A plan for recruiting students who
22 are eligible individuals into the project.
23 ‘‘(G) A plan for providing post-employment
24 support and ongoing training as part of a ca-
25 reer pathway under the project.
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1 ‘‘(4) SUPPORT TO BE PROVIDED.—
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1 ‘‘(3) DOULA.—The term ‘doula’ means an indi-
2 vidual who—
3 ‘‘(A) is certified by an organization that
4 has been established for not less than 5 years
5 and that requires the completion of continuing
6 education to maintain the certification, to pro-
7 vide non-medical advice, information, emotional
8 support, and physical comfort to an individual
9 during the individual’s pregnancy, childbirth,
10 and post-partum period; and
11 ‘‘(B) maintains the certification by com-
12 pleting the required continuing education.
13 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en-
14 tity’ means any of the following entities that dem-
15 onstrates in an application submitted under this sec-
16 tion that the entity has the capacity to fully develop
17 and administer the project described in the applica-
18 tion:
19 ‘‘(A) A local workforce development board
20 established under section 107 of the Workforce
21 Innovation and Opportunity Act.
22 ‘‘(B) A State or territory, a political sub-
23 division of a State or territory, or an agency of
24 a State, territory, or such a political subdivi-
25 sion, including a State or local entity that ad-
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1 ministers a State program funded under part A
2 of this title.
3 ‘‘(C) An Indian tribe, a tribal organization,
4 or a tribal college or university.
5 ‘‘(D) An institution of higher education (as
6 defined in the Higher Education Act of 1965).
7 ‘‘(E) A hospital (as defined in section
8 1861(e)).
9 ‘‘(F) A high-quality skilled nursing facility.
10 ‘‘(G) A Federally qualified health center
11 (as defined in section 1861(aa)(4)).
12 ‘‘(H) A nonprofit organization described in
13 section 501(c)(3) of the Internal Revenue Code
14 of 1986, a labor organization, or an entity with
15 shared labor-management oversight, that has a
16 demonstrated history of providing health profes-
17 sion training to eligible individuals.
18 ‘‘(I) In the case of a project of the type
19 provided for in subsection (h) of this section, an
20 entity recognized by a State, Indian tribe, or
21 tribal organization as qualified to train doulas
22 or midwives, if midwives or doulas, as the case
23 may be, are permitted to practice in the State
24 involved.
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1 ‘‘(J) An opioid treatment program (as de-
2 fined in section 1861(jjj)(2)), and other high
3 quality comprehensive addiction care providers.
4 ‘‘(5) ELIGIBLE INDIVIDUAL.—The term ‘eligible
5 individual’ means an individual whose family income
6 does not exceed 200 percent of the Federal poverty
7 level.
8 ‘‘(6) FEDERAL POVERTY LEVEL.—The term
9 ‘Federal poverty level’ means the poverty line (as de-
10 fined in section 673(2) of the Omnibus Budget Rec-
11 onciliation Act of 1981, including any revision re-
12 quired by such section applicable to a family of the
13 size involved).
14 ‘‘(7) INDIAN TRIBE; TRIBAL ORGANIZATION.—
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1 States Virgin Islands, Guam, the Northern Mariana
2 Islands, and American Samoa.
3 ‘‘(10) TRIBAL COLLEGE OR UNIVERSITY.—The
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1 2026, for the provision of technical assistance and
2 administration; and
3 ‘‘(6) $17,000,000 for each of fiscal years 2022
4 through 2026 for studying the effects of the projects
5 for which a grant is made under this section, and for
6 administration, for the purpose of supporting the
7 rigorous evaluation of the projects, and supporting
8 the continued study of the short-, medium-, and
9 long-term effects of all such projects, including the
10 effectiveness of new or added elements of the
11 projects.’’.
12 PART 2—PROVISIONS RELATING TO ELDER
13 JUSTICE
17 TATION.
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1 ‘‘(1) $392,000,000 for grants under subsection
2 (b)(1); and
3 ‘‘(2) $8,000,000 for grants under subsection
4 (b)(2).
5 ‘‘(b) GRANTS.—
6 ‘‘(1) STATE ENTITLEMENT.—
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1019
1 vey published by the Bureau of the Census
2 or a successor data set; divided by
3 ‘‘(II) the total number of such resi-
4 dents of all States.
5 ‘‘(2) GRANTS TO INDIAN TRIBES AND TRIBAL
6 ORGANIZATIONS.—
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1 ‘‘(c) USE OF FUNDS.—
2 ‘‘(1) REQUIRED USES.—A State to which an
3 amount is paid under subsection (b) shall use the
4 amount to—
5 ‘‘(A) provide wage subsidies to eligible in-
6 dividuals;
7 ‘‘(B) provide student loan repayment or
8 tuition assistance to eligible individuals for a
9 degree or certification in a field relevant to
10 their position referred to in subsection
11 (f)(1)(A);
12 ‘‘(C) guarantee affordable and accessible
13 child care for eligible individuals, including help
14 with referrals, co-pays, or other direct assist-
15 ance; and
16 ‘‘(D) provide assistance where necessary
17 with obtaining appropriate transportation, in-
18 cluding public transportation if available, or gas
19 money or transit vouchers for ride share, taxis,
20 and similar types of transportation if public
21 transportation is unavailable or impractical
22 based on work hours or location.
23 ‘‘(2) AUTHORIZED USES.—A State to which an
24 amount is paid under subsection (b) may use the
25 amount to—
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1 ‘‘(A) establish a reserve fund for financial
2 assistance to eligible individuals in emergency
3 situations;
4 ‘‘(B) provide in-kind resource donations,
5 such as interview clothing and conference at-
6 tendance fees;
7 ‘‘(C) provide assistance with programs and
8 activities, including legal assistance, deemed
9 necessary to address arrest or conviction
10 records that are an employment barrier;
11 ‘‘(D) support employers operating an eligi-
12 ble setting in the State in providing employees
13 with not less than 2 weeks of paid leave per
14 year; or
15 ‘‘(E) provide other support services the
16 Secretary deems necessary to allow for success-
17 ful recruitment and retention of workers.
18 ‘‘(3) PROVISION OF FUNDS ONLY FOR THE
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1022
1 the amount to supplant the expenditure of any State
2 funds for recruiting or retaining employees in an eli-
3 gible setting.
4 ‘‘(d) ADMINISTRATION.—A State to which a grant is
5 made under subsection (b) shall reserve not more than 10
6 percent of the grant to—
7 ‘‘(1) administer subgrants in accordance with
8 this section;
9 ‘‘(2) provide technical assistance and support
10 for applying for and accessing such a subgrant op-
11 portunity;
12 ‘‘(3) publicize the availability of the subgrants;
13 ‘‘(4) carry out activities to increase the supply
14 of eligible individuals; and
15 ‘‘(5) provide technical assistance to help sub-
16 grantees find and train individuals to provide the
17 services for which they are contracted.
18 ‘‘(e) DEFINITIONS.—In this section:
19 ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible
20 individual’ means an individual who—
21 ‘‘(A)(i) is a qualified home health aide, as
22 defined in section 484.80(a) of title 42, Code of
23 Federal Regulations;
24 ‘‘(ii) is a nurse aide approved by the State
25 as meeting the requirements of sections
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1023
1 483.150 through 483.154 of such title, and is
2 listed in good standing on the State nurse aide
3 registry;
4 ‘‘(iii) is a personal care aide approved by
5 the State, and furnishes personal care services,
6 as defined in section 440.167 of such title;
7 ‘‘(iv) is a qualified hospice aide, as defined
8 in section 418.76 of such title; or
9 ‘‘(v) is a licensed practical nurse or a li-
10 censed or certified social worker; or
11 ‘‘(vi) is receiving training to be certified or
12 licensed as such an aide, nurse, or social work-
13 er; and
14 ‘‘(B) provides (or, in the case of a trainee,
15 intends to provide) services as such an aide,
16 nurse, or social worker in an eligible setting.
17 ‘‘(2) ELIGIBLE SETTING.—The term ‘eligible
18 setting’ means—
19 ‘‘(A) a skilled nursing facility, as defined
20 in section 1819;
21 ‘‘(B) a nursing facility, as defined in sec-
22 tion 1919;
23 ‘‘(C) a home health agency, as defined in
24 section 1891;
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1024
1 ‘‘(D) a facility provider approved to deliver
2 home or community-based services authorized
3 under State options described in subsection (c)
4 or (i) of section 1915 or, as relevant, dem-
5 onstration projects authorized under section
6 1115;
7 ‘‘(E) a hospice, as defined in section 1814;
8 or
9 ‘‘(F) a tribal assisted living facility.
10 ‘‘(3) TRIBAL ORGANIZATION.—The term ‘tribal
11 organization’ has the meaning given the term in sec-
12 tion 4 of the Indian Self-Determination and Edu-
13 cation Assistance Act.’’.
14 (b) ADULT PROTECTIVE SERVICES FUNCTIONS AND
15 GRANT PROGRAMS.—
16 (1) DIRECT FUNDING; STATE ENTITLEMENT.—
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1025
1 section 216(i)(1))’’ before the semi-
2 colon; and
3 (ii) by striking paragraph (2) and in-
4 serting the following:
5 ‘‘(2) APPROPRIATION.—Out of any money in
6 the Treasury not otherwise appropriated, in addition
7 to amounts otherwise available, there are appro-
8 priated to the Secretary $8,000,000 for each of fis-
9 cal years 2023 through 2025 to carry out this sub-
10 section.’’;
11 (B) in subsection (b)—
12 (i) in paragraph (2)—
13 (I) in subparagraph (A), by strik-
14 ing ‘‘the availability of appropriations
15 and’’; and
16 (II) in subparagraph (B)—
17 (aa) in the heading for
18 clause (i), by inserting ‘‘AND THE
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1026
1 ‘‘(5) APPROPRIATION.—Out of any money in
2 the Treasury not otherwise appropriated, in addition
3 to amounts otherwise available, there are appro-
4 priated to the Secretary for each of fiscal years 2023
5 through 2025—
6 ‘‘(A) $392,000,000 for grants to States
7 under this subsection; and
8 ‘‘(B) $8,000,000 for grants to Indian
9 tribes and tribal organizations under this sub-
10 section.’’; and
11 (C) in subsection (c), by striking para-
12 graph (6) and inserting the following:
13 ‘‘(6) APPROPRIATION.—Out of any money in
14 the Treasury not otherwise appropriated, in addition
15 to amounts otherwise available, there are appro-
16 priated to the Secretary $75,000,000 for each of fis-
17 cal years 2023 through 2025 to carry out this sub-
18 section.’’.
19 (2) STATE ENTITLEMENT; GRANTS TO INDIAN
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1027
1 (B) in subsection (b)(1), by striking ‘‘the
2 Secretary shall annually award grants to States
3 in the amounts calculated under paragraph (2)’’
4 and inserting ‘‘each State shall be entitled to
5 annually receive from the Secretary in the
6 amounts calculated under paragraph (2), and
7 the Secretary may annually award to each In-
8 dian tribe and tribal organization in accordance
9 with paragraph (3), grants’’;
10 (C) in subsection (b)(2)—
11 (i) in the paragraph heading, by in-
12 serting ‘‘FOR A STATE’’ after ‘‘PAYMENT’’;
13 (ii) in subparagraph (A), by striking
14 ‘‘to carry out’’ and inserting ‘‘for grants to
15 States under’’; and
16 (iii) in subparagraph (B)(i), by strik-
17 ing ‘‘such year’’ and inserting ‘‘for grants
18 to States under this subsection for the fis-
19 cal year’’; and
20 (D) in subsection (b), by redesignating
21 paragraphs (3) through (5) as paragraphs (4)
22 through (6), respectively, and inserting after
23 paragraph (2) the following:
24 ‘‘(3) AMOUNT OF PAYMENT TO INDIAN TRIBE
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1028
1 sultation with Indian tribes and tribal organizations,
2 shall determine the amount of any grant to be made
3 to each Indian tribe and tribal organization under
4 this subsection. Paragraphs (4) and (5) shall apply
5 to grantees under this paragraph in the same man-
6 ner in which the paragraphs apply to States.’’;
7 (E) in subsection (c)—
8 (i) in paragraph (1), by striking ‘‘to
9 States’’ and inserting ‘‘to States, Indian
10 tribes, and tribal organizations’’;
11 (ii) in paragraph (2)—
12 (I) in the matter preceding sub-
13 paragraph (A), by inserting ‘‘and In-
14 dian tribes and tribal organizations’’
15 after ‘‘government’’; and
16 (II) in subparagraph (D), by in-
17 serting ‘‘or Indian tribe or tribal orga-
18 nization, as the case may be’’ after
19 ‘‘government’’;
20 (iii) in paragraph (4), by inserting ‘‘or
21 Indian tribe or tribal organization’’ after
22 ‘‘a State’’ the 1st place it appears; and
23 (iv) in paragraph (5)—
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1 (I) by inserting ‘‘or Indian tribe
2 or tribal organization’’ after ‘‘Each
3 State’’; and
4 (II) by inserting ‘‘or Indian tribe
5 or tribal organization, as the case may
6 be’’ after ‘‘the State’’; and
7 (F) by adding at the end the following:
8 ‘‘(d) DEFINITIONS OF INDIAN TRIBE AND TRIBAL
9 ORGANIZATION.—In this section, the terms ‘Indian tribe’
10 and ‘tribal organization’ have the meanings given the
11 terms in section 419.’’.
12 (3) CONFORMING AMENDMENT.—Section
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1 to amounts otherwise available, there are appro-
2 priated to the Secretary to carry out this sub-
3 section—
4 ‘‘(A) $22,500,000 for fiscal year 2023; and
5 ‘‘(B) $30,000,000 for each of fiscal years
6 2024 and 2025.’’; and
7 (2) in subsection (b), by striking paragraph (2)
8 and inserting the following:
9 ‘‘(2) APPROPRIATION.—Out of any money in
10 the Treasury not otherwise appropriated, in addition
11 to amounts otherwise available, there are appro-
12 priated to the Secretary $30,000,000 for each of fis-
13 cal years 2023 through 2025 to carry out this sub-
14 section.’’.
15 (d) INCENTIVES FOR DEVELOPING AND SUSTAINING
16 STRUCTURAL COMPETENCY IN PROVIDING HEALTH AND
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1 ‘‘(1) APPROPRIATION.—Out of any money in
2 the Treasury not otherwise appropriated, in addition
3 to amounts otherwise available, there are appro-
4 priated to the Secretary $500,000,000 for fiscal year
5 2023, to remain available for the purposes of this
6 subsection through fiscal year 2028.
7 ‘‘(2) GRANTS.—Within 2 years after the date of
8 the enactment of this section, the Secretary shall es-
9 tablish and administer a program of grants to States
10 to support the adoption of evidence-based ap-
11 proaches to establishing or improving and maintain-
12 ing real-time linkages between health and social
13 services and supports for vulnerable elders or in con-
14 junction with authorized representatives of vulner-
15 able elders, including through the following:
16 ‘‘(A) MEDICAL-LEGAL PARTNERSHIPS.—
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1 ‘‘(ii) in a solo provider practice in a
2 health professional shortage area (as de-
3 fined in section 332(a) of the Public
4 Health Service Act), a medically under-
5 served community (as defined in section
6 399V of such Act), or a rural area (as de-
7 fined in section 330J of such Act);
8 ‘‘(iii) in a minority-serving institution
9 of higher learning with health, law, and so-
10 cial services professional programs;
11 ‘‘(iv) in a federally qualified health
12 center, as described in section 330 of the
13 Public Health Service Act, or look-alike, as
14 described in section 1905(l)(2)(B) of this
15 Act; or
16 ‘‘(v) in certain hospitals that are crit-
17 ical access hospitals, Medicare-dependent
18 hospitals, sole community hospitals, rural
19 emergency hospitals, or that serve a high
20 proportion of Medicare or Medicaid pa-
21 tients.
22 ‘‘(B) LEGAL HOTLINES DEVELOPMENT OR
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1 the identification of older adults who could ben-
2 efit from linkages to available legal services
3 such as those described in subparagraph (A).
4 ‘‘(3) STATE REPORTS.—Each State to which a
5 grant is made under this subsection shall submit to
6 the Secretary biannual reports on the activities car-
7 ried out by the State pursuant to this subsection,
8 which shall include assessments of the effectiveness
9 of the activities with respect to—
10 ‘‘(A) the number of unique individuals
11 identified through the mechanism outlined in
12 paragraph (2)(B) who are referred to services
13 described in paragraph (2)(A), and the average
14 time period associated with resolving issues;
15 ‘‘(B) the success rate for referrals to com-
16 munity-based resources; and
17 ‘‘(C) other factors determined relevant by
18 the Secretary.
19 ‘‘(4) EVALUATION.—The Secretary shall, by
20 grant, contract, or interagency agreement, evaluate
21 the activities conducted pursuant to this subsection,
22 which shall include a comparison among the States.
23 ‘‘(5) SUPPLEMENT NOT SUPPLANT.—Support
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1034
1 ganizations pursuant to this subsection shall be used
2 to supplement and not supplant any other Federal,
3 State, or local funds expended to provide the same
4 or comparable services described in this subsection.
5 ‘‘(b) GRANTS AND TRAINING TO SUPPORT AREA
6 AGENCIES ON AGING OR OTHER COMMUNITY-BASED OR-
7 GANIZATIONS TO ADDRESS SOCIAL ISOLATION AMONG
8 VULNERABLE OLDER ADULTS AND PEOPLE WITH DIS-
9 ABILITIES.—
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1 or social isolation (including evidence-based pro-
2 grams, as defined by the Secretary, developed
3 with multi-stakeholder input for the purposes of
4 promoting social connection, mitigating social
5 isolation or loneliness, or preventing social iso-
6 lation or loneliness) among at-risk individuals;
7 ‘‘(C) connecting at-risk individuals with
8 community social and clinical supports; and
9 ‘‘(D) evaluating the effect of programs de-
10 veloped and implemented under subparagraphs
11 (B) and (C).
12 ‘‘(3) TRAINING.—The Secretary shall establish
13 programs to provide and improve training for area
14 agencies on aging or community-based organizations
15 with respect to addressing and preventing social iso-
16 lation and loneliness among older adults and people
17 with disabilities.
18 ‘‘(4) EVALUATION.—Not later than 3 years
19 after the date of the enactment of this section and
20 at least once after fiscal year 2025, the Secretary
21 shall submit to the Congress a written report which
22 assesses the extent to which the programs estab-
23 lished under this subsection address social isolation
24 and loneliness among older adults and people with
25 disabilities.
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1 ‘‘(5) COORDINATION.—The Secretary shall co-
2 ordinate with resource centers, grant programs, or
3 other funding mechanisms established under section
4 411(a)(18) of the Older Americans Act (42 U.S.C.
5 3032(a)(18)), section 417(a)(1) of such Act (42
6 U.S.C. 3032F(a)(1)), or other programs as deter-
7 mined by the Secretary.
8 ‘‘(c) DEFINITIONS.—In this section:
9 ‘‘(1) AREA AGENCY ON AGING.—The term ‘area
10 agency on aging’ means an area agency on aging
11 designated under section 305 of the Older Ameri-
12 cans Act of 1965.
13 ‘‘(2) SOCIAL ISOLATION.—The term ‘social iso-
14 lation’ means objectively being alone, or having few
15 relationships or infrequent social contact.
16 ‘‘(3) LONELINESS.—The term ‘loneliness’
17 means subjectively feeling alone, or the discrepancy
18 between one’s desired level of social connection and
19 one’s actual level of social connection.
20 ‘‘(4) SOCIAL CONNECTION.—The term ‘social
21 connection’ means the variety of ways one can con-
22 nect to others socially, through physical, behavioral,
23 social–cognitive, and emotional channels.
24 ‘‘(5) COMMUNITY-BASED ORGANIZATION.—The
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1 cept as otherwise provided by the Secretary, a non-
2 profit community-based organization, a consortium
3 of nonprofit community-based organizations, a na-
4 tional nonprofit organization acting as an inter-
5 mediary for a community-based organization, or a
6 community-based organization that has a fiscal
7 sponsor that allows the organization to function as
8 an organization described in section 501(c)(3) of the
9 Internal Revenue Code of 1986 and exempt from
10 taxation under section 501(a) of such Code.’’.
11 (e) TECHNICAL AMENDMENT.—Section 2011(12)(A)
12 of the Social Security Act (42 U.S.C. 1397j(12)(A)) is
13 amended by striking ‘‘450b’’ and inserting ‘‘5304’’.
14 SEC. 134202. APPROPRIATION FOR ASSESSMENTS.
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1 rity Act or section 6703(b) of the Patient Protection and
2 Affordable Care Act (42 U.S.C. 1395i–3a), which shall as-
3 sess the extent to which such programs, coordinating bod-
4 ies, registries, and activities have improved access to, and
5 the quality of, resources available to aging Americans and
6 their caregivers to ultimately prevent, detect, and treat
7 abuse, neglect, and exploitation, and shall include, as ap-
8 propriate, recommendations to Congress on funding levels
9 and policy changes to help these programs, coordinating
10 bodies, registries, and activities better prevent, detect, and
11 treat abuse, neglect, and exploitation of aging Americans.
12 PART 3—SKILLED NURSING FACILITIES
15 FACILITY DATA.
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1 scribed in section 1819(b)(3) and the direct
2 care staffing information described in section
3 1128I(g) a process to validate such measures,
4 data, and information’’; and
5 (B) in subparagraph (B)—
6 (i) by striking ‘‘FUNDING.—For pur-
7 poses’’ and inserting ‘‘FUNDING.—
8 ‘‘(i) FISCAL YEARS 2023 THROUGH
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1 a skilled nursing facility that does not sub-
2 mit’’ and inserting the following:
3 ‘‘(I) FAILURE TO REPORT.—For
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1 1888(h)(12) or otherwise), after de-
2 termining the percentage described in
3 paragraph (5)(B)(i), and after appli-
4 cation of clauses (ii) and (iii) of para-
5 graph (5)(B) and of subclause (I) of
6 this clause (if applicable), the Sec-
7 retary shall reduce such percentage
8 for payment rates during such fiscal
9 year by 2 percentage points.’’.
10 SEC. 134302. ENSURING ACCURATE INFORMATION ON COST
11 REPORTS.
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1 SEC. 134303. SURVEY IMPROVEMENTS.
1043
1 ‘‘(B) The timeliness and thoroughness of
2 State agency verification of deficiency correc-
3 tions at facilities.
4 ‘‘(C) The accuracy of the identification and
5 appropriateness of the scope and severity of de-
6 ficiencies cited at facilities.
7 ‘‘(D) The accuracy of the identification
8 and appropriateness of the scoping and severity
9 of life safety, infection control, and emergency
10 preparedness deficiencies cited at facilities.
11 ‘‘(E) The timeliness of State agency inves-
12 tigations of—
13 ‘‘(i) complaints at facilities;
14 ‘‘(ii) facility-reported incidents at fa-
15 cilities; and
16 ‘‘(iii) reported allegations of abuse,
17 neglect, and exploitation at facilities.
18 ‘‘(F) The consistency of facility reporting
19 of substantiated complaints to law enforcement.
20 ‘‘(G) The ability of the State agency to
21 sufficiently hire, train, and retain individuals
22 who conduct surveys.
23 ‘‘(H) Any other area related to surveys of
24 facilities, or the individuals conducting such
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1 surveys, determined appropriate by the Sec-
2 retary.
3 ‘‘(3) SUPPORT.—Based on the review under
4 paragraph (2), the Secretary shall, during the period
5 specified in paragraph (1), provide training, tools,
6 technical assistance, and financial support to State
7 and Federal agencies that perform surveys of facili-
8 ties for the purpose of improving the surveys con-
9 ducted under subsection (g) and the enforcement
10 process under subsection (h) with respect to the
11 areas reviewed under paragraph (2).’’.
12 SEC. 134304. NURSE STAFFING REQUIREMENTS.
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1 2031 for purposes of carrying out this para-
2 graph.
3 ‘‘(B) STUDY.—Not later than 3 years after
4 the date of the enactment of this paragraph,
5 and not less frequently than once every 5 years
6 thereafter, the Secretary shall, out of funds ap-
7 propriated under subparagraph (A), conduct a
8 study and submit to Congress a report on the
9 appropriateness of establishing minimum staff
10 to resident ratios for nursing staff for skilled
11 nursing facilities. Each such report shall in-
12 clude—
13 ‘‘(i) with respect to the first such re-
14 port, recommendations regarding appro-
15 priate minimum ratios of registered nurses
16 (and, if practicable, licensed practical
17 nurses (or licensed vocational nurses) and
18 certified nursing assistants) to residents at
19 such skilled nursing facilities; and
20 ‘‘(ii) with respect to each subsequent
21 such report, recommendations regarding
22 appropriate minimum ratios of registered
23 nurses, licensed practical nurses (or li-
24 censed vocational nurses), and certified
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1 nursing assistants to residents at such
2 skilled nursing facilities.
3 ‘‘(C) PROMULGATION OF REGULATIONS.—
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1 to a skilled nursing facility if the Sec-
2 retary finds that—
3 ‘‘(aa) the facility is located
4 in a rural area and the supply of
5 skilled nursing facility services in
6 such area is not sufficient to
7 meet the needs of individuals re-
8 siding therein;
9 ‘‘(bb) the Secretary provides
10 notice of the waiver to the State
11 long-term care ombudsman (es-
12 tablished under section
13 307(a)(12) of the Older Ameri-
14 cans Act of 1965) and the pro-
15 tection and advocacy system in
16 the State for the mentally ill; and
17 ‘‘(cc) the facility that is
18 granted such a waiver notifies
19 residents of the facility (or,
20 where appropriate, the guardians
21 or legal representatives of such
22 residents) and members of their
23 immediate families of the waiver.
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1048
1 ‘‘(II) RENEWAL.—Any waiver in
2 effect under this clause shall be sub-
3 ject to annual renewal.
4 ‘‘(iii) UPDATE.—Not later than 1 year
5 after the submission of each subsequent re-
6 port under subparagraph (B), the Sec-
7 retary shall, out of funds appropriated
8 under subparagraph (A) and consistent
9 with such report, update the regulations
10 described in clause (i)(I) to reflect appro-
11 priate minimum ratios (if any) of reg-
12 istered nurses, licensed practical nurses (or
13 licensed vocational nurses), and certified
14 nursing assistants to residents at skilled
15 nursing facilities.’’.
16 Subtitle B—Infrastructure Financ-
17 ing and Community Develop-
18 ment
19 SEC. 135001. AMENDMENT OF 1986 CODE.
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1 SEC. 135002. POSSESSIONS ECONOMIC ACTIVITY CREDIT.
1050
1 tion 1504(a)) as such United States share-
2 holder.
3 ‘‘(2) QUALIFIED CORPORATION.—The term
4 ‘qualified corporation’ means any corporation if such
5 corporation meets the following requirements:
6 ‘‘(A) SOURCE QUALIFICATION.—80 percent
7 or more of the gross income of the corporation
8 for the 3-year period immediately preceding the
9 close of the taxable year (or for such part of
10 such period immediately preceding the close of
11 such taxable year as may be applicable) was de-
12 rived from sources within a possession of the
13 United States (determined without regard to
14 section 904(f)).
15 ‘‘(B) TRADE OR BUSINESS QUALIFICA-
23 TIONS.—
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1 ‘‘(A) IN GENERAL.—In the case of a
2 United States shareholder of a foreign corpora-
3 tion which—
4 ‘‘(i) is not a qualified corporation but
5 with respect to which the ownership re-
6 quirements of paragraph (1)(B)(ii) are
7 met, and
8 ‘‘(ii) has an eligible foreign business
9 unit which, if such unit were a corporation,
10 would be a qualified corporation with re-
11 spect to which such ownership require-
12 ments would be met,
13 then, for purposes of this section, the United
14 States shareholder may elect to treat such unit
15 as a separate foreign corporation which meets
16 the requirements of paragraph (1)(B) and with
17 respect to which such shareholder is a United
18 States shareholder.
19 ‘‘(B) ELIGIBLE FOREIGN BUSINESS
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1052
1 provision under this title), which maintains sep-
2 arate books and records.
3 ‘‘(C) SPECIAL ELECTION FOR AFFILIATED
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1 ‘‘(A) IN GENERAL.—The amount of wages
2 which may be taken into account under para-
3 graph (1) with respect to any employee for any
4 taxable year shall not exceed $50,000.
5 ‘‘(B) TREATMENT OF PART-TIME EMPLOY-
6 EES, ETC.—If—
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1 contained in such section). For purposes of
2 the preceding sentence, such subsection (b)
3 shall be applied as if the term ‘United
4 States’ included all possessions of the
5 United States.
6 ‘‘(ii) SPECIAL RULE FOR AGRICUL-
13 EXPENSES.—
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1055
1 In no event shall the amount determined under
2 the preceding sentence exceed 15 percent of the
3 amount referred to in clause (i).
4 ‘‘(B) EXPENSES TAKEN INTO ACCOUNT.—
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1 ‘‘(1) INCREASED CREDIT PERCENTAGE.—In the
2 case of a qualified small domestic corporation, sub-
3 section (a) shall be applied by substituting ‘50 per-
4 cent’ for ‘20 percent’.
5 ‘‘(2) QUALIFIED SMALL DOMESTIC CORPORA-
6 TION.—
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1057
1 ‘‘(ii) has not more than a total of 30
2 full-time employees for each year in such
3 3-year period.
4 ‘‘(C) GROSS RECEIPTS.—A qualified do-
5 mestic corporation meets the requirements of
6 this subparagraph if the annual gross receipts
7 of the qualified domestic corporation (and all
8 persons related thereto) for each year in such
9 3-year period is not more than $50,000,000.
10 ‘‘(3) RELATED PERSONS.—In determining
11 whether the limitations under subparagraphs (B)(ii)
12 and (C) of paragraph (2) are met, all persons who
13 are treated as a single employer for purposes of sub-
14 section (a) or (b) of section 52 shall be taken into
15 account.
16 ‘‘(4) AMOUNT OF WAGES TAKEN INTO AC-
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1 ‘‘(2) MIRROR CODE POSSESSIONS.—In the case
2 of any possession of the United States with a mirror
3 code tax system (as defined in section 24(k)), this
4 section shall not be treated as part of the income tax
5 laws of the United States for purposes of deter-
6 mining the income tax law of such possession unless
7 such possession elects to have this section be so
8 treated.
9 ‘‘(f) SEPARATE APPLICATION TO EACH POSSES-
10 SION.—For purposes of determining the amount of the
11 credit allowed under this section, this section shall be ap-
12 plied separately with respect to each possession of the
13 United States.
14 ‘‘(g) TERMINATION.—No credit shall be allowed
15 under this section for any taxable year beginning after De-
16 cember 31, 2031.’’.
17 (b) CREDIT MADE PART OF GENERAL BUSINESS
18 CREDIT.—Subsection (b) of section 38, as amended by the
19 preceding provisions of this Act, is amended by striking
20 ‘‘plus’’ at the end of paragraph (34), by striking the period
21 at the end of paragraph (35) and inserting ‘‘, plus’’, and
22 by adding at the end the following new paragraph:
23 ‘‘(36) the possessions economic activity credit
24 determined under section 45V.’’.
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1 (c) CLERICAL AMENDMENT.—The table of sections
2 for subpart B of part IV of subchapter A of chapter 1
3 is amended by adding at the end the following:
‘‘Sec. 45V. Possessions Economic Activity Credit.’’.
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1 (3) in the case of a partnership or S corpora-
2 tion on whose behalf, or to whom, such a payment
3 is made—
4 (A) any amount excluded from income by
5 reason of paragraph (1) shall be treated as tax
6 exempt income for purposes of sections 705 and
7 1366 of such Code, and
8 (B) except as provided by the Secretary of
9 the Treasury (or the Secretary’s delegate), any
10 increase in the adjusted basis of a partner’s in-
11 terest in a partnership under section 705 of
12 such Code with respect to any amount described
13 in subparagraph (A) shall equal the partner’s
14 distributive share of deductions resulting from
15 interest that is part of such payment and the
16 partner’s share, as determined under section
17 752 of such Code, of principal that is part of
18 such payment.
19 (b) AUTHORITY TO WAIVE CERTAIN INFORMATION
20 REPORTING REQUIREMENTS.—The Secretary of the
21 Treasury (or the Secretary’s delegate) may provide an ex-
22 ception from any requirement to file an information return
23 otherwise required by chapter 61 of the Internal Revenue
24 Code of 1986 with respect to any amount excluded from
25 gross income by reason of subsection (a).
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1 Subtitle C—Affordable Health Care
2 Coverage
3 SEC. 30601. ENSURING AFFORDABILITY OF COVERAGE FOR
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1 (A) in paragraph (1)(A), in the matter
2 preceding clause (i), by inserting ‘‘, with respect
3 to eligible insureds (other than, with respect to
4 plan years 2023, 2024, and 2025, specified en-
5 rollees (as defined in paragraph (6)(C))),’’ after
6 ‘‘first be achieved’’;
7 (B) in paragraph (2), in the matter pre-
8 ceding subparagraph (A), by inserting ‘‘with re-
9 spect to eligible insureds (other than, with re-
10 spect to plan years 2023, 2024, and 2025, spec-
11 ified enrollees)’’ after ‘‘under the plan’’;
12 (C) in paragraph (3)—
13 (i) in subparagraph (A), by striking
14 ‘‘this subsection’’ and inserting ‘‘paragraph
15 (1) or (2)’’; and
16 (ii) in subparagraph (B), by striking
17 ‘‘this section’’ and inserting ‘‘paragraphs
18 (1) and (2)’’; and
19 (D) by adding at the end the following new
20 paragraph:
21 ‘‘(6) SPECIAL RULE FOR SPECIFIED ENROLL-
22 EES.—
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1 plies shall reduce cost-sharing under the plan
2 with respect to months occurring during plan
3 years 2023, 2024, and 2025 for enrollees who
4 are specified enrollees (as defined in subpara-
5 graph (C)) in a manner sufficient to increase
6 the plan’s share of the total allowed costs of
7 benefits provided under the plan to 99 percent
8 of such costs.
9 ‘‘(B) METHODS FOR REDUCING COST
10 SHARING.—
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1 as may be necessary to the Secretary to
2 make payments under clause (i).
3 ‘‘(C) SPECIFIED ENROLLEE DEFINED.—
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1 on January 1, 2022, and ending on December
2 31, 2025, enrollment periods described in sub-
3 paragraph (A) of paragraph (8) for individuals
4 described in subparagraph (B) of such para-
5 graph.’’; and
6 (2) by adding at the end the following new
7 paragraph:
8 ‘‘(8) SPECIAL ENROLLMENT PERIOD FOR CER-
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1 any of subparagraphs (B) through (E) of
2 paragraph (1) of such section.’’.
3 (c) ADDITIONAL BENEFITS FOR CERTAIN LOW-IN-
4 COME INDIVIDUALS FOR PLAN YEARS 2024 AND 2025.—
5 Section 1301(a) of the Patient Protection and Affordable
6 Care Act (42 U.S.C. 18021(a)) is amended—
7 (1) in paragraph (1)—
8 (A) in subparagraph (B), by striking
9 ‘‘and’’ at the end;
10 (B) in subparagraph (C)(iv), by striking
11 the period and inserting ‘‘; and’’; and
12 (C) by adding at the end the following new
13 subparagraph:
14 ‘‘(D) provides, with respect to a plan of-
15 fered in the silver level of coverage to which sec-
16 tion 1402 applies during plan year 2024 and
17 2025, for benefits described in paragraph (5) in
18 the case of an individual who has a household
19 income that does not exceed 138 percent of the
20 poverty line for a family of the size involved,
21 and who is eligible to receive cost-sharing re-
22 ductions under section 1402.’’; and
23 (2) by adding at the end the following new
24 paragraph:
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1 ‘‘(5) ADDITIONAL BENEFITS FOR CERTAIN
3 2025.—
4 ‘‘(A) IN GENERAL.—
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1 benefits package described in section
2 1302(a).
3 ‘‘(ii) CONDITION ON PROVISION OF
13 FITS.—
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1069
1 ‘‘(ii) APPROPRIATION.—In addition to
2 amounts otherwise available, there is ap-
3 propriated, out of any money in the Treas-
4 ury not otherwise appropriated, such sums
5 as may be necessary to the Secretary to
6 make payments under clause (i).’’.
7 (d) EDUCATION AND OUTREACH ACTIVITIES.——
8 (1) IN GENERAL.—Section 1321(c) of the Pa-
9 tient Protection and Affordable Care Act (42 U.S.C.
10 18041(c)) is amended by adding at the end the fol-
11 lowing new paragraph:
12 ‘‘(3) OUTREACH AND EDUCATIONAL ACTIVI-
13 TIES.—
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1070
1 forming such individuals of the availability of
2 coverage under such plans and financial assist-
3 ance for coverage under such plans. Such out-
4 reach and educational activities shall be pro-
5 vided in a manner that is culturally and linguis-
6 tically appropriate to the needs of the popu-
7 lations being served by the Exchange (including
8 hard-to-reach populations, such as racial and
9 sexual minorities, limited English proficient
10 populations, individuals residing in areas where
11 the unemployment rates exceeds the national
12 average unemployment rate, individuals in rural
13 areas, veterans, and young adults).
14 ‘‘(B) LIMITATION ON USE OF FUNDS.—No
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1071
1 ‘‘(I) An association health plan.
2 ‘‘(II) Short-term limited duration
3 insurance.
4 ‘‘(D) FUNDING.—In addition to amounts
5 otherwise available, there is appropriated, out of
6 any money in the Treasury not otherwise ap-
7 propriated, to remain available until expended,
8 $105,000,000 for fiscal year 2022 to carry out
9 this paragraph, of which—
10 ‘‘(i) $15,000,000 shall be used to
11 carry out this paragraph in fiscal year
12 2022; and
13 ‘‘(ii) $30,000,000 shall be used to
14 carry out this paragraph for each of fiscal
15 years 2023 through 2025.’’.
16 (2) NAVIGATOR PROGRAM.—Section 1311(i)(6)
17 of the Patient Protection and Affordable Care Act
18 (42 U.S.C. 18031(i)(6)) is amended—
19 (A) by striking ‘‘FUNDING.—Grants
20 under’’ and inserting ‘‘FUNDING.—
21 ‘‘(A) STATE EXCHANGES.—Grants under’’;
22 and
23 (B) by adding at the end the following new
24 subparagraph:
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1 ‘‘(B) FEDERAL EXCHANGES.—For pur-
2 poses of carrying out this subsection, with re-
3 spect to an Exchange established and operated
4 by the Secretary within a State pursuant to sec-
5 tion 1321(c), the Secretary shall obligate
6 $10,000,000 out of amounts collected through
7 the user fees on participating health insurance
8 issuers pursuant to section 156.50 of title 45,
9 Code of Federal Regulations (or any successor
10 regulations) for fiscal year 2022, and
11 $20,000,000 for each of fiscal years 2023,
12 2024, and 2025. Such amount so obligated for
13 a fiscal year shall remain available until ex-
14 pended.’’.
15 (e) FUNDING.—In addition to amounts otherwise
16 available, there is appropriated to the Secretary of Health
17 and Human Services for fiscal year 2022, out of any
18 money in the Treasury not otherwise appropriated,
19 $65,000,000, to remain available until expended, for pur-
20 poses of carrying out the provisions of, and the amend-
21 ments made by, this section, section 30602, and section
22 30603.
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1073
1 SEC. 30602. ESTABLISHING A HEALTH INSURANCE AFFORD-
2 ABILITY FUND.
8 AFFORDABILITY FUND
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1074
1 than through a plan described in subsection (b)) of-
2 fered by such issuers.
3 ‘‘(2) To provide assistance (other than through
4 payments described in paragraph (1)) to reduce out-
5 of-pocket costs, such as copayments, coinsurance,
6 premiums, and deductibles, of individuals enrolled
7 under qualified health plans offered on the indi-
8 vidual market through an Exchange and of individ-
9 uals enrolled under standard health plans offered
10 through a basic health program established under
11 section 1331.
12 ‘‘(b) EXCLUSION OF CERTAIN GRANDFATHERED
13 PLANS, TRANSITIONAL PLANS, STUDENT HEALTH
14 PLANS, AND EXCEPTED BENEFITS.—For purposes of
15 subsection (a), a plan described in this subsection is the
16 following:
17 ‘‘(1) A grandfathered health plan (as defined in
18 section 1251).
19 ‘‘(2) A plan (commonly referred to as a ‘transi-
20 tional plan’) continued under the letter issued by the
21 Centers for Medicare & Medicaid Services on No-
22 vember 14, 2013, to the State Insurance Commis-
23 sioners outlining a transitional policy for coverage in
24 the individual and small group markets to which sec-
25 tion 1251 does not apply, and under the extension
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1075
1 of the transitional policy for such coverage set forth
2 in the Insurance Standards Bulletin Series guidance
3 issued by the Centers for Medicare & Medicaid Serv-
4 ices on March 5, 2014, February 29, 2016, Feb-
5 ruary 13, 2017, April 9, 2018, March 25, 2019,
6 January 31, 2020, and January 19, 2021, or under
7 any subsequent extensions thereof.
8 ‘‘(3) Student health insurance coverage (as de-
9 fined in section 147.145 of title 45, Code of Federal
10 Regulations, or any successor regulation).
11 ‘‘(4) Excepted benefits (as defined in section
12 2791(c) of the Public Health Service Act).
13 ‘‘SEC. 1353. STATE ELIGIBILITY AND APPROVAL; DEFAULT
14 SAFEGUARD.
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1076
1 vious year) and in such form and manner as speci-
2 fied by the Administrator containing—
3 ‘‘(A) a description of how the funds will be
4 used; and
5 ‘‘(B) such other information as the Admin-
6 istrator may require.
7 ‘‘(2) AUTOMATIC APPROVAL.—An application so
8 submitted is approved (as outlined in the terms of
9 the plan) unless the Administrator notifies the State
10 submitting the application, not later than 90 days
11 after the date of the submission of such application,
12 that the application has been denied for not being in
13 compliance with any requirement of this part and of
14 the reason for such denial.
15 ‘‘(3) SUBSEQUENT YEAR APPLICATION AP-
22 TO REVOKE APPROVAL.—
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1077
1 spect to a purpose described in section 1352, to
2 ensure the State uses such funds for such pur-
3 pose and otherwise complies with the require-
4 ments of this section.
5 ‘‘(B) REVOCATION OF APPROVAL.—The
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1 used to carry out the purpose described in section
2 1352(a)(1) in such State for such year, as applica-
3 ble, by providing reinsurance payments to health in-
4 surance issuers with respect to attachment range
5 claims (as defined in section 1354(b)(2), using the
6 dollar amounts specified in subparagraph (B) of
7 such section for such year) in an amount equal to,
8 subject to paragraph (4), the percentage (specified
9 for such year by the Secretary under such subpara-
10 graph) of the amount of such claims.
11 ‘‘(3) AMOUNT DESCRIBED.—The amount de-
12 scribed in this paragraph, with respect to 2023,
13 2024, or 2025, is the amount equal to the total sum
14 of amounts that the Secretary would otherwise esti-
15 mate under section 1354(b)(2)(A)(i) for such year
16 for each State described in paragraph (5) for such
17 year, as applicable, if each such State were not so
18 described for such year.
19 ‘‘(4) ADJUSTMENT.—For purposes of this sub-
20 section, the Secretary may apply a percentage under
21 paragraph (3) with respect to a year that is less
22 than the percentage otherwise specified in section
23 1354(b)(2)(B) for such year, if the cost of paying
24 the total eligible attachment range claims for States
25 described in paragraph (5) for such year at such
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1079
1 percentage otherwise specified would exceed the
2 amount calculated under paragraph (3) for such
3 year.
4 ‘‘(5) STATE DESCRIBED.—A State described in
5 this paragraph, with respect to years 2023, 2024,
6 and 2025, is a State that, as of January 1 of 2022,
7 2023, or 2024, respectively, was not expending
8 amounts under the State plan (or waiver of such
9 plan) for all individuals described in section
10 1902(a)(10)(A)(i)(VIII) during such year.
11 ‘‘SEC. 1354. ALLOCATIONS.
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1080
1 the amount determined for such State and year
2 under paragraph (2).
3 ‘‘(B) SPECIFIED DATE.—For purposes of
4 subparagraph (A), the date specified in this
5 subparagraph is—
6 ‘‘(i) for 2023, the date that is 90 days
7 after the date of the enactment of this
8 part; and
9 ‘‘(ii) for 2024 or 2025, January 1 of
10 the previous year.
11 ‘‘(C) NOTIFICATIONS OF ALLOCATION
18 TIONS.—
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1 for such year on attachment range claims
2 of individuals residing in such State if such
3 State used such funds only for the purpose
4 described in paragraph (1) of section
5 1352(a) at the dollar amounts and per-
6 centage specified under subparagraph (B)
7 for such year; minus
8 ‘‘(ii) the amount, if any, by which the
9 Secretary determines—
10 ‘‘(I) the estimated amount of
11 premium tax credits under section
12 36B of the Internal Revenue Code of
13 1986 that would be attributable to in-
14 dividuals residing in such State for
15 such year without application of this
16 part; exceeds
17 ‘‘(II) the estimated amount of
18 premium tax credits under section
19 36B of the Internal Revenue Code of
20 1986 that would be attributable to in-
21 dividuals residing in such State for
22 such year if section 1353(b) applied
23 for such year and applied with respect
24 to such State for such year.
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1 For purposes of the previous sentence and sec-
2 tion 1353(b)(3), the term ‘attachment range
3 claims’ means, with respect to an individual, the
4 claims for such individual that exceed a dollar
5 amount specified by the Secretary for a year,
6 but do not exceed a ceiling dollar amount speci-
7 fied by the Secretary for such year, under sub-
8 paragraph (B).
9 ‘‘(B) SPECIFICATIONS.—For purposes of
10 subparagraph (A) and section 1353(b)(3), the
11 Secretary shall determine the dollar amounts
12 and the percentage to be specified under this
13 subparagraph for a year in a manner to ensure
14 that the total amount of expenditures under
15 this part for such year is estimated to equal the
16 total amount appropriated for such year under
17 subsection (a) if such expenditures were used
18 solely for the purpose described in paragraph
19 (1) of section 1352(a) for attachment range
20 claims at the dollar amounts and percentage so
21 specified for such year.
22 ‘‘(3) AVAILABILITY.—Funds allocated to a
23 State under this subsection for a year shall remain
24 available through the end of the subsequent year.’’.
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1 (b) BASIC HEALTH PROGRAM FUNDING ADJUST-
2 MENTS.—Section 1331 of the Patient Protection and Af-
3 fordable Care Act (42 U.S.C. 18051) is amended—
4 (1) in subsection (a), by adding at the end the
5 following new paragraph:
6 ‘‘(3) PROVISION OF INFORMATION ON QUALI-
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1084
1 ceived any payments described in subparagraph
2 (A) for such year.’’; and
3 (2) in subsection (d)(3)(A)(ii), by adding at the
4 end the following new sentence: ‘‘In making such de-
5 termination, the Secretary shall calculate the value
6 of such premium tax credits that would have been
7 provided to such individuals enrolled through a basic
8 health program established by a State during a year
9 using the adjusted premium amounts (as defined in
10 subsection (a)(3)(B)) for qualified health plans of-
11 fered in such State during such year.’’.
12 (c) IMPLEMENTATION AUTHORITY.—The Secretary
13 of Health and Human Services may implement the provi-
14 sions of, and the amendments made by, this section by
15 subregulatory guidance or otherwise.
16 SEC. 30603. FUNDING FOR THE PROVISION OF HEALTH IN-
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1 $15,000,000 for each of fiscal years 2022 through
2 ø2026¿ to carry out this section.’’.
3 Subtitle D—Green Energy
4 SEC. 136001. AMENDMENT OF 1986 CODE.
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1 (7) Paragraph (11)(B).
2 (b) BASE CREDIT AMOUNT.—Section 45 is amended
3 by striking ‘‘1.5 cents’’ each place it appears and inserting
4 ‘‘0.3 cents’’.
5 (c) APPLICATION OF EXTENSION TO SOLAR.—Sec-
6 tion 45(d)(4)(A) is amended by striking ‘‘is placed in serv-
7 ice before January 1, 2006’’ and inserting ‘‘the construc-
8 tion of which begins before January 1, 2027.’’.
9 (d) EXTENSION OF ELECTION TO TREAT QUALIFIED
10 FACILITIES AS ENERGY PROPERTY.—Section
11 48(a)(5)(C)(ii) is amended by striking ‘‘January 1, 2022’’
12 and inserting ‘‘January 1, 2027’’.
13 (e) APPLICATION OF EXTENSION TO WIND FACILI-
14 TIES.—
19 AGE.—
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1 service before January 1, 2022’’ after ‘‘In the
2 case of any facility’’.
3 (3) QUALIFIED OFFSHORE WIND FACILITIES
12 FIED FACILITIES.—
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1 ‘‘(i) A facility with a maximum net
2 output of less than 1 megawatt.
3 ‘‘(ii) A facility the construction of
4 which begins prior to the date that is 60
5 days after the Secretary publishes guid-
6 ance with respect to the requirements of
7 paragraphs (8) and (9).
8 ‘‘(iii) A facility which satisfies the re-
9 quirements of paragraphs (8) and (9).
10 ‘‘(8) PREVAILING WAGE REQUIREMENTS.—
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1089
1 most recently determined by the Secretary of
2 Labor, in accordance with subchapter IV of
3 chapter 31 of title 40, United States Code. For
4 purposes of determining an increased credit
5 amount under paragraph (7)(A) for a taxable
6 year, the requirement under clause (ii) is ap-
7 plied to such taxable year in which the alter-
8 ation or repair of the qualified facility occurs.’’
9 ‘‘(B) CORRECTION AND PENALTY RELATED
11 MENTS.—
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1090
1 any period during such year, such tax-
2 payer—
3 ‘‘(I) makes payment to such la-
4 borer or mechanic in an amount equal
5 to the sum of—
6 ‘‘(aa) an amount equal to
7 the difference between—
8 ‘‘(AA) the amount of
9 wages paid to such laborer
10 or mechanic during such pe-
11 riod, and
12 ‘‘(BB) the amount of
13 wages required to be paid to
14 such laborer or mechanic
15 pursuant to such subpara-
16 graph during such period,
17 plus
18 ‘‘(bb) interest on the
19 amount determined under item
20 (aa) at the underpayment rate
21 established under section 6621
22 (determined by substituting ‘6
23 percentage points’ for ‘3 percent-
24 age points’ in subsection (a)(2)
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1 of such section) for the period
2 described in such item, and
3 ‘‘(II) makes payment to the Sec-
4 retary of a penalty in an amount
5 equal to the product of—
6 ‘‘(aa) $5,000, multiplied by
7 ‘‘(bb) the total number of la-
8 borers and mechanics who were
9 paid wages at a rate below the
10 rate described in subparagraph
11 (A) for any period during such
12 year.
13 ‘‘(ii) DEFICIENCY PROCEDURES NOT
14 TO APPLY.—Subchapter B of chapter 63
15 (relating to deficiency procedures for in-
16 come, estate, gift, and certain excise taxes)
17 shall not apply with respect to the assess-
18 ment or collection of any penalty imposed
19 by this section.
20 ‘‘(iii) INTENTIONAL DISREGARD.—If
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1 sum’ for ‘the sum’ in item (aa) thereof and
2 subclause (II) shall be applied by sub-
3 stituting ‘$10,000’ for ‘5,000’ in item (aa)
4 thereof.
5 ‘‘(iv) LIMITATION ON PERIOD FOR
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1 total labor hours of the construction, alter-
2 ation, or repair work (including such work
3 performed by any contractor or subcon-
4 tractor) on any qualified facility shall, sub-
5 ject to subparagraph (B), be performed by
6 qualified apprentices.
7 ‘‘(ii) APPLICABLE PERCENTAGE.—For
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1094
1 the Department of Labor or the applicable
2 State apprenticeship agency.
3 ‘‘(C) PARTICIPATION.—Each contractor
4 and subcontractor who employs 4 or more indi-
5 viduals to perform construction, alteration, or
6 repair work on a qualified facility shall employ
7 1 or more qualified apprentices to perform such
8 work.
9 ‘‘(D) EXCEPTION.—
10 ‘‘(i) IN GENERAL.—A taxpayer shall
11 not be treated as failing to satisfy the re-
12 quirements of this paragraph if such tax-
13 payer—
14 ‘‘(I) makes a good faith effort to
15 comply with the requirements of this
16 paragraph, or
17 ‘‘(II) subject to clause (iii), in the
18 case of any failure by the taxpayer to
19 satisfy the requirement under sub-
20 paragraphs (A) and (C) with respect
21 to the construction, alteration, or re-
22 pair work on any qualified facility to
23 which subclause (I) does not apply,
24 makes payment to the Secretary of a
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1095
1 penalty in an amount equal to the
2 product of—
3 ‘‘(aa) $50, multiplied by
4 ‘‘(bb) the total labor hours
5 for which the requirement de-
6 scribed in such subparagraph was
7 not satisfied with respect to the
8 construction, alteration, or repair
9 work on such qualified facility.
10 ‘‘(ii) GOOD FAITH EFFORT.—For pur-
11 poses of clause (i), a taxpayer shall be
12 deemed to have satisfied the requirements
13 under such paragraph with respect to a
14 qualified facility if such taxpayer has re-
15 quested qualified apprentices from a reg-
16 istered apprenticeship program, as defined
17 in section 3131(e)(3)(B), and—
18 ‘‘(I) such request has been de-
19 nied, provided that such denial is not
20 the result of a refusal by the contrac-
21 tors or subcontractors engaged in the
22 performance of construction, alter-
23 ation, or repair work on such qualified
24 facility to comply with the established
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1096
1 standards and requirements of the
2 registered apprenticeship program, or
3 ‘‘(II) the registered apprentice-
4 ship program fails to respond to such
5 request within 5 business days after
6 the date on which such registered ap-
7 prenticeship program received such
8 request.
9 ‘‘(iii) INTENTIONAL DISREGARD.—If
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1 repair work by any contractor or sub-
2 contractor), and
3 ‘‘(II) excludes any hours worked
4 by—
5 ‘‘(aa) foremen,
6 ‘‘(bb) superintendents,
7 ‘‘(cc) owners, or
8 ‘‘(dd) persons employed in a
9 bona fide executive, administra-
10 tive, or professional capacity
11 (within the meaning of those
12 terms in part 541 of title 29,
13 Code of Federal Regulations).
14 ‘‘(ii) QUALIFIED APPRENTICE.—The
22 AMOUNT.—
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1 credit determined under subsection (a) (deter-
2 mined after the application of paragraphs (1)
3 through (9)) shall be increased by an amount
4 equal to 10 percent of the amount otherwise in
5 effect under such subsection.
6 ‘‘(B) REQUIREMENT.—
7 ‘‘(i) IN GENERAL.—The requirement
8 described in this subclause with respect to
9 any qualified facility is satisfied if the tax-
10 payer certifies to the Secretary (at such
11 time, and in such form and manner, as the
12 Secretary may prescribe) that any steel,
13 iron, or manufactured product which is
14 part of such facility (upon completion of
15 construction) was produced in the United
16 States.
17 ‘‘(ii) STEEL AND IRON.—
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1099
1 ponent or subcomponent of a manu-
2 factured product which is not pri-
3 marily made of steel or iron.
4 ‘‘(iii) MANUFACTURED PRODUCT.—
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1100
1 cember 31, 2024, and before January
2 1, 2026, 45 percent,
3 ‘‘(III) in the case of a facility the
4 construction of which begins after De-
5 cember 31, 2025, and before January
6 1, 2027, 50 percent, and
7 ‘‘(IV) in the case of a facility the
8 construction of which begins after De-
9 cember 31, 2026, 55 percent.
10 ‘‘(ii) OFFSHORE WIND FACILITY.—
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1101
1 ‘‘(IV) in the case of a facility the
2 construction of which begins after De-
3 cember 31, 2026, and before January
4 1, 2028, 45 percent, and
5 ‘‘(V) in the case of a facility the
6 construction of which begins after De-
7 cember 31, 2027, 55 percent.
8 ‘‘(11) PHASEOUT FOR ELECTIVE PAYMENT.—
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1102
1 ‘‘(C) PHASED DOMESTIC CONTENT RE-
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1103
1 ‘‘(II) relevant domestic products
2 are not produced in the United States
3 in sufficient and reasonably available
4 quantities or of a satisfactory quality.
5 ‘‘(ii) APPLICABLE PERCENTAGE.—In
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1104
1 mined for such year and the lesser of 15 percent or
2 a fraction—
3 ‘‘(A) the numerator of which is the sum,
4 for the taxable year and all prior taxable years,
5 of proceeds of an issue of any obligations used
6 to provide financing for the qualified facility the
7 interest on which is exempt from tax under sec-
8 tion 103, and
9 ‘‘(B) the denominator of which is the ag-
10 gregate amount of additions to the capital ac-
11 count for the qualified facility for the taxable
12 year and all prior taxable years.
13 The amounts under the preceding sentence for any
14 taxable year shall be determined as of the close of
15 the taxable year.’’.
16 (h) EFFECTIVE DATES.—
17 (1) The amendments made by subsections (a),
18 (b), (c), (d), (e), and (f) of this section shall apply
19 to facilities placed in service after December 31,
20 2021.
21 (2) The amendment made by subsection (g)
22 shall apply to facilities the construction of which be-
23 gins after December 31, 2021.
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1105
1 SEC. 136102. EXTENSION AND MODIFICATION OF ENERGY
2 CREDIT.
18 ERTY.—
1106
1 percentage determined under paragraph (2)
2 shall be equal to 26 percent.
3 ‘‘(B) PLACED IN SERVICE DEADLINE.—In
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1107
1 (e) ENERGY STORAGE TECHNOLOGIES; QUALIFIED
2 BIOGAS PROPERTY; MICROGRID CONTROLLERS; EXTEN-
3 SION OF WASTE ENERGY RECOVERY PROPERTY.—
4 (1) IN GENERAL.—Section 48(a)(3)(A) is
5 amended by striking ‘‘or’’ at the end of clause (viii),
6 and by adding at the end the following new clauses:
7 ‘‘(ix) energy storage technology,
8 ‘‘(x) qualified biogas property, or
9 ‘‘(xi) microgrid controllers,’’.
10 (2) APPLICATION OF 6 PERCENT CREDIT.—Sec-
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1108
1 of electricity) which receives, stores, and deliv-
2 ers energy for conversion to electricity (or, in
3 the case of hydrogen, which stores energy), and
4 has a nameplate capacity of not less than 5 kil-
5 owatt hours.
6 ‘‘(B) MODIFICATIONS OF CERTAIN PROP-
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1109
1 of any property to which this subparagraph ap-
2 plies, subparagraph (C) shall be applied by sub-
3 stituting ‘modification’ for ‘construction’.
4 ‘‘(C) TERMINATION.—The term ‘energy
5 storage technology’ shall not include any prop-
6 erty the construction of which does not begin
7 before January 1, 2027.
8 ‘‘(7) QUALIFIED BIOGAS PROPERTY.—
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1110
1 biogas property’ includes any property which is
2 part of such system which cleans or conditions
3 such gas.
4 ‘‘(C) TERMINATION.—The term ‘qualified
5 biogas property’ shall not include any property
6 the construction of which does not begin before
7 January 1, 2027.
8 ‘‘(8) MICROGRID CONTROLLER.—
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1111
1 ‘‘(II) independently (and discon-
2 nected) from such grid, and
3 ‘‘(iii) is not part of a bulk-power sys-
4 tem (as defined in section 215 of the Fed-
5 eral Power Act (16 U.S.C. 24o)).
6 ‘‘(C) TERMINATION.—The term ‘microgrid
7 controller’ shall not include any property the
8 construction of which does not begin before
9 January 1, 2027.’’.
10 (4) DENIAL OF DOUBLE BENEFIT FOR QUALI-
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1112
1 (f) FUEL CELLS USING ELECTROMECHANICAL
2 PROCESSES.—
3 (1) IN GENERAL.—Section 48(c)(1) is amend-
4 ed—
5 (A) in subparagraph (A)(i)—
6 (i) by inserting ‘‘or electromechanical’’
7 after ‘‘electrochemical’’, and
8 (ii) by inserting ‘‘(1 kilowatt in the
9 case of a fuel cell power plant with a linear
10 generator assembly)’’ after ‘‘0.5 kilowatt’’,
11 and
12 (B) in subparagraph (C)—
13 (i) by inserting ‘‘, or linear generator
14 assembly,’’ after ‘‘a fuel cell stack assem-
15 bly’’, and
16 (ii) by inserting ‘‘or
17 electromechanical’’ after ‘‘electrochemical’’.
18 (2) LINEAR GENERATOR ASSEMBLY LIMITA-
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1113
1 include any assembly which contains rotating
2 parts.’’.
3 (g) DYNAMIC GLASS.—Section 48(a)(3)(A)(ii) is
4 amended by inserting ‘‘, or electrochromic glass which
5 uses electricity to change its light transmittance properties
6 in order to heat or cool a structure,’’ after ‘‘sunlight’’.
7 (h) COORDINATION WITH LOW INCOME HOUSING
8 TAX CREDIT.—Paragraph (3) of section 50(c) of the In-
9 ternal Revenue Code of 1986 is amended—
10 (1) by striking ‘‘and’’ at the end of subpara-
11 graph (A),
12 (2) by striking the period at the end of sub-
13 paragraph (B) and inserting ‘‘, and’’, and
14 (3) by adding at the end the following new sub-
15 paragraph:
16 ‘‘(C) paragraph (1) shall not apply for pur-
17 poses of determining eligible basis under section
18 42.’’.
19 (i) INTERCONNECTION PROPERTY.—Section 48(a) is
20 amended by adding at the end the following new para-
21 graph:
22 ‘‘(7) INTERCONNECTION PROPERTY.—
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1114
1 by the taxpayer for qualified interconnection
2 property in connection with the installation of
3 energy property (described in paragraph (3)(A))
4 which has a maximum net output of not greater
5 than 5 megawatts, to provide for the trans-
6 mission or distribution of the electricity pro-
7 duced or stored by such property, and which
8 are properly chargeable to the capital account
9 of the taxpayer.
10 ‘‘(B) QUALIFIED INTERCONNECTION PROP-
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1 ‘‘(II) for which the cost with re-
2 spect to the construction, reconstruc-
3 tion, or erection of such property is
4 paid or incurred by such taxpayer,
5 and
6 ‘‘(iii) the original use of which, pursu-
7 ant to an interconnection agreement, com-
8 mences with a utility.
9 ‘‘(C) INTERCONNECTION AGREEMENT.—
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1116
1 ‘‘(E) SPECIAL RULE FOR INTERCONNEC-
12 PROJECTS.—
13 ‘‘(A) IN GENERAL.—
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1117
1 of a single project. The requirements of
2 this paragraph shall be applied to such
3 project.
4 ‘‘(B) PROJECT REQUIREMENTS.—A project
5 meets the requirements of this subparagraph if
6 it is one of the following:
7 ‘‘(i) A project with a maximum net
8 output of less than 1 megawatt of elec-
9 trical or thermal energy.
10 ‘‘(ii) A project the construction of
11 which begins before the date that is 60
12 days after the Secretary publishes guid-
13 ance with respect to the requirements of
14 paragraphs (9) and (10).
15 ‘‘(iii) A project which satisfies the re-
16 quirements of paragraphs (9) and (10).
17 ‘‘(9) PREVAILING WAGE REQUIREMENTS.—
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1118
1 ‘‘(ii) for the five-year period beginning
2 on the date such project is originally
3 placed in service, the alteration or repair of
4 such project,
5 shall be paid wages at rates not less than the
6 prevailing rates for construction, alteration, or
7 repair of a similar character in the locality as
8 most recently determined by the Secretary of
9 Labor, in accordance with subchapter IV of
10 chapter 31 of title 40, United States Code.
11 ‘‘(B) CORRECTION AND PENALTY RELATED
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1119
1 percentage of such recapture shall be deter-
2 mined under rules similar to the rules of section
3 50(a).
4 ‘‘(10) APPRENTICESHIP REQUIREMENTS.—
8 AMOUNT.—
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1120
1 ‘‘(12) PHASEOUT FOR ELECTIVE PAYMENT.—
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1 ‘‘(IV) the operation of a storage
2 facility, or’’, and
3 (2) by adding at the end the following new sub-
4 paragraph:
5 ‘‘(F) STORAGE FACILITY.—For purposes
6 of subparagraph (A), the term ‘storage facility’
7 means a facility which uses energy storage tech-
8 nology within the meaning of section 48(c)(6).’’.
9 (m) INCREASE IN CREDIT RATE FOR ENERGY COM-
10 MUNITIES.—Section 48(a) is amended by adding at the
11 end the following new paragraph:
12 ‘‘(14) INCREASE IN CREDIT RATE FOR ENERGY
13 COMMUNITITES.—
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1 ‘‘(i) in the case of any energy project
2 that does not satisfy the requirements of
3 paragraph (8)(B), 2 percentage points, and
4 ‘‘(ii) in the case of any energy project
5 that satisfies the requirements of para-
6 graph (8)(B), 10 percentage points.
7 ‘‘(C) ENERGY COMMUNITY.—For purposes
8 of this paragraph, the term ‘energy community’
9 means a census tract—
10 ‘‘(i) in which—
11 ‘‘(I) for the calendar year in
12 which construction of the energy prop-
13 erty begins, not less than 5 percent of
14 the employment in such tract is within
15 the oil and gas sector,
16 ‘‘(II) after December 31, 1999, a
17 coal mine has closed, or
18 ‘‘(III) after December 31, 2009,
19 a coal-fired electric generating unit
20 has been retired, or
21 ‘‘(ii) which is immediately adjacent to
22 any census tract described in clause (i).’’.
23 (n) CONFORMING AMENDMENT.—Section
24 48(a)(2)(A) is amended by striking ‘‘paragraphs (6) and
25 (7)’’ and inserting ‘‘paragraph (6)’’.
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1 (o) EFFECTIVE DATES.—
2 (1) The amendments made by subsections (a),
3 (b), (c), (d), (h), (i), (j), (l), (m), and (n) of this sec-
4 tion shall apply to property placed in service after
5 December 31, 2021.
6 (2) The amendments made by subsections (e),
7 (f), and (g) shall apply to property placed in service
8 after December 31, 2021, and, for any property the
9 construction of which begins prior to January 1,
10 2022, only to the extent of the basis thereof attrib-
11 utable to the construction, reconstruction, or erec-
12 tion after December 31, 2021.
13 (3) The amendments made by subsection (k)
14 shall apply to property the construction of which be-
15 gins after December 31, 2021.
16 SEC. 136103. INCREASE IN ENERGY CREDIT FOR SOLAR FA-
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1 retary makes an allocation of environmental justice
2 solar and wind capacity limitation under paragraph
3 (4)—
4 ‘‘(A) the energy percentage otherwise de-
5 termined under subsection (a)(2) with respect
6 to any eligible property which is part of such
7 facility shall be increased by—
8 ‘‘(i) in the case of a facility described
9 in subclause (I) of paragraph (2)(A)(iii)
10 and not described in subclause (II) of such
11 paragraph, 10 percentage points, and
12 ‘‘(ii) in the case of a facility described
13 in subclause (II) of paragraph (2)(A)(iii),
14 20 percentage points, and
15 ‘‘(B) the increase in the credit determined
16 under subsection (a) by reason of this sub-
17 section for any taxable year with respect to all
18 property which is part of such facility shall not
19 exceed the amount which bears the same ratio
20 to the amount of such increase (determined
21 without regard to this subparagraph) as—
22 ‘‘(i) the environmental justice solar
23 and wind capacity limitation allocated to
24 such facility, bears to
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1125
1 ‘‘(ii) the total megawatt nameplate ca-
2 pacity of such facility, as measured in di-
3 rect current.
4 ‘‘(2) QUALIFIED SOLAR AND WIND FACILITY.—
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1126
1 ‘‘(B) QUALIFIED LOW-INCOME RESIDEN-
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1127
1 cated equitably among the occupants of the
2 dwelling units of such building.
3 ‘‘(C) QUALIFIED LOW-INCOME ECONOMIC
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1128
1 scribed in subsection (a)(3)(A)(viii)) installed in con-
2 nection with such energy property.
3 ‘‘(4) ALLOCATIONS.—
4 ‘‘(A) IN GENERAL.—Not later than 270
5 days after the date of enactment of this sub-
6 section, the Secretary shall establish a program
7 to allocate amounts of environmental justice
8 solar and wind capacity limitation to qualified
9 solar and wind facilities.
10 ‘‘(B) LIMITATION.—The amount of envi-
11 ronmental justice solar and wind capacity limi-
12 tation allocated by the Secretary under sub-
13 paragraph (A) during any calendar year shall
14 not exceed the annual capacity limitation with
15 respect to such year.
16 ‘‘(C) ANNUAL CAPACITY LIMITATION.—For
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1129
1 shall be increased by the amount of such excess.
2 No amount may be carried under the preceding
3 sentence to any calendar year after 2026 except
4 as provided in section 48F(i)(4)(D)(ii).
5 ‘‘(E) PLACED IN SERVICE DEADLINE.—
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1130
1 the Secretary shall take into consideration
2 which facilities will result in—
3 ‘‘(i) the greatest health and economic
4 benefits, including the ability to withstand
5 extreme weather events, for individuals de-
6 scribed in section 45D(e)(2),
7 ‘‘(ii) the greatest employment and
8 wages for such individuals, and
9 ‘‘(iii) the greatest engagement with,
10 outreach to, or ownership by, such individ-
11 uals, including through partnerships with
12 local governments, Indian tribal govern-
13 ments (as defined in section 139E), and
14 community-based organizations.
15 ‘‘(G) DISCLOSURE OF ALLOCATIONS.—The
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1131
1 the benefit of any increase in the credit allowed
2 under subsection (a) by reason of this subsection
3 with respect to any property which ceases to be
4 property eligible for such increase (but which does
5 not cease to be investment credit property within the
6 meaning of section 50(a)). The period and percent-
7 age of such recapture shall be determined under
8 rules similar to the rules of section 50(a). To the ex-
9 tent provided by the Secretary, such recapture may
10 not apply with respect to any property if, within 12
11 months after the date the taxpayer becomes aware
12 (or reasonably should have become aware) of such
13 property ceasing to be property eligible for such in-
14 crease, the eligibility of such property for such in-
15 crease is restored. The preceding sentence shall not
16 apply more than once with respect to any facility.’’.
17 (b) EFFECTIVE DATE.—The amendments made by
18 this section shall take effect on January 1, 2022.
19 SEC. 136104. ELECTIVE PAYMENT FOR ENERGY PROPERTY
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1132
1 ‘‘SEC. 6417. ELECTIVE PAYMENT OF APPLICABLE CREDITS.
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1133
1 ‘‘(4) The credit for alternative fuel vehicle re-
2 fueling property allowed under section 30C.
3 ‘‘(5) The qualifying advanced energy project
4 credit determined under section 48C.
5 ‘‘(c) SPECIAL RULES.—For purposes of this sec-
6 tion—
7 ‘‘(1) APPLICATION TO TAX-EXEMPT AND GOV-
22 CORPORATIONS.—
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1 ship or S corporation, if such partnership or S
2 corporation makes an election under this sub-
3 section (in such manner as the Secretary may
4 provide) with respect to such credit—
5 ‘‘(i) the Secretary shall make a pay-
6 ment to such partnership or S corporation
7 equal to the amount of such credit,
8 ‘‘(ii) subsection (d) shall be applied
9 with respect to such credit before deter-
10 mining any partner’s distributive share, or
11 shareholder’s pro rata share, of such cred-
12 it,
13 ‘‘(iii) any amount with respect to
14 which the election in subsection (a) is
15 made shall be treated as tax exempt in-
16 come for purposes of sections 705 and
17 1366, and
18 ‘‘(iv) a partner’s distributive share of
19 such tax exempt income shall be based on
20 such partner’s distributive share of the
21 otherwise applicable credit for each taxable
22 year.
23 ‘‘(B) COORDINATION WITH APPLICATION
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1 section (a) shall be applied at the partner or
2 shareholder level after application of subpara-
3 graph (A)(ii).
4 ‘‘(3) ELECTIONS.—
5 ‘‘(A) IN GENERAL.—Any election under
6 this subsection shall be made not later than the
7 due date (including extensions of time) for the
8 return of tax for the taxable year for which the
9 election is made, but in no event earlier than
10 270 days after the date of the enactment of this
11 section. Any such election, once made, shall be
12 irrevocable. Except as otherwise provided in this
13 paragraph, any election under this subsection
14 shall apply with respect to any credit for the
15 taxable year for which the election is made.
16 ‘‘(B) RENEWABLE ELECTRICITY PRODUC-
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1136
1 ‘‘(iii) shall apply to such taxable year
2 and all subsequent taxable years with re-
3 spect to such qualified facility.
4 ‘‘(C) CREDIT FOR CARBON OXIDE SEQUES-
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1137
1 credit or refund (at such time and in such man-
2 ner as the Secretary shall provide), and
3 ‘‘(B) in any other case, the later of the due
4 date (determined without regard to extensions)
5 of the return of tax for the taxable year or the
6 date on which such return is filed.
7 ‘‘(5) TREATMENT OF PAYMENTS TO PARTNER-
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1138
1 which the Secretary determines constitutes an
2 excessive payment, the tax imposed on such tax-
3 payer by chapter 1 for the taxable year in
4 which such determination is made shall be in-
5 creased by an amount equal to the sum of—
6 ‘‘(i) the amount of such excessive pay-
7 ment, plus
8 ‘‘(ii) an amount equal to 20 percent of
9 such excessive payment.
10 ‘‘(B) REASONABLE CAUSE.—Subparagraph
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1 with respect to such facility for such tax-
2 able year, over
3 ‘‘(ii) the amount of the credit which,
4 without application of this subsection,
5 would be otherwise allowable (determined
6 without regard to section 38(c)) under this
7 section with respect to such facility for
8 such taxable year.
9 ‘‘(d) DENIAL OF DOUBLE BENEFIT.—In the case of
10 a taxpayer making an election under this section with re-
11 spect to an applicable credit, such credit shall be reduced
12 to zero and shall, for any other purposes under this title,
13 be deemed to have been allowed to the taxpayer for such
14 taxable year.
15 ‘‘(e) MIRROR CODE POSSESSIONS.—In the case of
16 any possession of the United States with a mirror code
17 tax system (as defined in section 24(k)), this section shall
18 not be treated as part of the income tax laws of the United
19 States for purposes of determining the income tax law of
20 such possession unless such possession elects to have this
21 section be so treated.
22 ‘‘(f) BASIS REDUCTION AND RECAPTURE.—Except
23 as otherwise provided in subsection (c)(1)(A), rules similar
24 to the rules of section 50 shall apply for purposes of this
25 section.
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1140
1 ‘‘(g) REGULATIONS.—The Secretary shall issue such
2 regulations or other guidance as may be necessary or ap-
3 propriate to carry out the purposes of this section, includ-
4 ing—
5 ‘‘(1) regulations or other guidance providing
6 rules for determining a partner’s distributive share
7 of the tax exempt income described in subsection
8 (c)(2)(A)(iii), and
9 ‘‘(2) guidance to ensure that the amount of the
10 payment or deemed payment made under this sec-
11 tion is commensurate with the amount of the credit
12 that would be otherwise allowable (determined with-
13 out regard to section 38(c)).’’.
14 (b) APPLICATION WITH RESPECT TO REAL ESTATE
15 INVESTMENT TRUSTS.—Section 50(d) is amended by add-
16 ing at the end the following: ‘‘In the case of a real estate
17 investment trust making an election under section 6417,
18 paragraphs (1)(B) and (2)(B) of the section 46(e) referred
19 to in paragraph (1) of this subsection shall not apply to
20 any qualified investment credit property of a real estate
21 investment trust.’’.
22 (c) GROSS-UP OF PAYMENTS IN CASE OF SEQUES-
23 TRATION.—In the case of any payment made as a refund
24 due to an overpayment as a result of section 6417 of the
25 Internal Revenue Code of 1986 after the date of the enact-
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1141
1 ment of this Act to which sequestration applies, the
2 amount of such payment shall be increased to an amount
3 equal to—
4 (1) such payment (determined before such se-
5 questration), multiplied by
6 (2) the quotient obtained by dividing 1 by the
7 amount by which 1 exceeds the percentage reduction
8 in such payment pursuant to such sequestration.
9 For purposes of this subsection, the term ‘‘sequestration’’
10 means any reduction in direct spending ordered in accord-
11 ance with a sequestration report prepared by the Director
12 of the Office and Management and Budget pursuant to
13 the Balanced Budget and Emergency Deficit Control Act
14 of 1985 or the Statutory Pay-As-You-Go Act of 2010.
15 (d) CLERICAL AMENDMENT.—The table of sections
16 for subchapter B of chapter 65 is amended by inserting
17 after the item relating to section 6416 the following new
18 item:
‘‘Sec. 6417. Elective payment of applicable credits.’’.
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1142
1 SEC. 136105. INVESTMENT CREDIT FOR ELECTRIC TRANS-
2 MISSION PROPERTY.
7 ERTY.
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1 ‘‘(C) with respect to which depreciation (or
2 amortization in lieu of depreciation) is allow-
3 able.
4 ‘‘(2) QUALIFYING ELECTRIC TRANSMISSION
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1 ‘‘(II) conversion equipment along
2 such electric transmission line.
3 ‘‘(B) CREDIT NOT ALLOWED SEPARATELY
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1 account in determining the credit allowed under
2 this section.
3 ‘‘(2) UPGRADES TREATED AS REPLACE-
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1 ‘‘(2) WHEN CONSTRUCTION BEGINS.—For pur-
2 poses of subparagraph (B) of paragraph (1), con-
3 struction of property begins when the taxpayer has
4 begun on-site physical work of a significant nature
5 with respect to such property.
6 ‘‘(e) CERTAIN QUALIFIED PROGRESS EXPENDITURES
7 RULES MADE APPLICABLE.—Rules similar to the rules of
8 subsections (c)(4) and (d) of section 46 (as in effect on
9 the day before the enactment of the Revenue Reconcili-
10 ation Act of 1990) shall apply for purposes of this section.
11 ‘‘(f) CREDIT ADJUSTMENTS; WAGE AND APPREN-
12 TICESHIP REQUIREMENTS.—
13 ‘‘(1) INCREASED CREDIT AMOUNT FOR APPLI-
14 CABLE FACILITIES.—
15 ‘‘(A) IN GENERAL.—
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1147
1 transmission property to which such quali-
2 fying electric transmission line relates.
3 ‘‘(B) APPLICABLE FACILITY REQUIRE-
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1148
1 ‘‘(g) TERMINATION.—This section shall not apply to
2 any qualifying electric transmission property unless such
3 property is placed in service before January 1, 2032.
4 ‘‘(h) REGULATIONS AND GUIDANCE.—The Secretary
5 shall issue such regulations or other guidance as the Sec-
6 retary determines necessary or appropriate to carry out
7 the purposes of this subsection, including regulations or
8 other guidance which provides for requirements for record-
9 keeping or information reporting for purposes of estab-
10 lishing the requirements of this subsection.’’.
11 (b) ELECTIVE PAYMENT OF CREDIT.—Section
12 6417(b), as amended by the preceding provisions of this
13 Act, is amended by adding at the end the following new
14 paragraph:
15 ‘‘(6) The qualifying electric transmission prop-
16 erty credit determined under section 48D.’’.
17 (c) SPECIAL RULE FOR PROPERTY FINANCED BY
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1 (1) Section 46 is amended—
2 (A) by striking ‘‘and’’ at the end of para-
3 graph (5),
4 (B) by striking the period at the end of
5 paragraph (6) and inserting ‘‘, and’’, and
6 (C) by adding at the end the following new
7 paragraph:
8 ‘‘(7) the qualifying electric transmission prop-
9 erty credit.’’.
10 (2) Section 49(a)(1)(C) is amended—
11 (A) by striking ‘‘and’’ at the end of clause
12 (iv),
13 (B) by striking the period at the end of
14 clause (v) and inserting ‘‘, and’’, and
15 (C) by adding at the end the following new
16 clause:
17 ‘‘(vi) the basis of any qualifying elec-
18 tric transmission property under section
19 48D.’’.
20 (3) Section 50(a)(2)(E) is amended by striking
21 ‘‘or 48C(b)(2)’’ and inserting ‘‘48C(b)(2), or
22 48D(e)’’.
23 (4) The table of sections for subpart E of part
24 IV of subchapter A of chapter 1 of such Code is
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1150
1 amended by inserting after the item relating to sec-
2 tion 48C the following new item:
‘‘Sec. 48D. Qualifying electric transmission property.’’.
1151
1 ‘‘(A) in the case of a direct air capture fa-
2 cility, not less than 1,000 metric tons of quali-
3 fied carbon oxide during the taxable year,
4 ‘‘(B) in the case of an electricity gener-
5 ating facility, not less than 18,750 metric tons
6 of qualified carbon oxide during the taxable
7 year and not less than 75 percent by mass of
8 the carbon oxide that would otherwise be re-
9 leased into the atmosphere by such facility dur-
10 ing such taxable year, and
11 ‘‘(C) in the case of any other facility, not
12 less than 12,500 metric tons of qualified carbon
13 oxide during the taxable year.
14 ‘‘(2) TERMINATION RULE.—The term ‘qualified
15 facility’ means any industrial facility or direct air
16 capture facility—
17 ‘‘(A) the construction of which begins be-
18 fore January 1, 2032, and
19 ‘‘(B) either—
20 ‘‘(i) the construction of carbon cap-
21 ture equipment of which begins before such
22 date, or
23 ‘‘(ii) the original planning and design
24 of which includes installation of carbon
25 capture equipment.’’.
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1 (b) DETERMINATION OF APPLICABLE DOLLAR
2 AMOUNT.—
3 (1) IN GENERAL.—Section 45Q(b)(1) is amend-
4 ed by redesignating subparagraph (B) as subpara-
5 graph (D) and by inserting after subparagraph (A)
6 the following new subparagraphs:
7 ‘‘(B) SPECIAL RULE FOR DIRECT AIR CAP-
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1153
1 tion of such equipment began after December
2 31, 2021, the applicable dollar amount shall be
3 an amount equal to the applicable dollar
4 amount otherwise determined under subpara-
5 graph (A), except that such subparagraph shall
6 be applied by substituting ‘carbon capture
7 equipment’ for ‘qualified facility’ each place it
8 appears.’’.
9 (2) CONFORMING AMENDMENTS.—
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1 ‘‘(h) INCREASED CREDIT AMOUNT FOR QUALIFIED
2 FACILITIES AND CARBON CAPTURE EQUIPMENT.—
3 ‘‘(1) IN GENERAL.—In the case of any qualified
4 facility and any carbon capture equipment which
5 satisfy the requirements of paragraph (2), the
6 amount of the credit determined under subsection
7 (a) shall be equal to such amount multiplied by 5
8 (determined without regard to this sentence).
9 ‘‘(2) REQUIREMENTS.—The requirements de-
10 scribed in this subparagraph are that—
11 ‘‘(A) with respect to any qualified facility
12 the construction of which begins on or after the
13 date that is 60 days after the Secretary pub-
14 lishes guidance with respect to the requirements
15 of paragraphs (3) and (4), as well as any car-
16 bon capture equipment placed in service at such
17 facility—
18 ‘‘(i) subject to subparagraph (B) of
19 paragraph (3), such facility and equipment
20 shall satisfy the requirements under sub-
21 paragraph (A) of such paragraph, and
22 ‘‘(ii) subject to subparagraph (D) of
23 paragraph (4), the construction of such fa-
24 cility and equipment shall satisfy the re-
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1155
1 quirements under subparagraph (A) of
2 such paragraph, and
3 ‘‘(B) with respect to any carbon capture
4 equipment the construction of which begins
5 after the date that is 60 days after the Sec-
6 retary publishes guidance with respect to the
7 requirements of paragraphs (3) and (4), and
8 which is installed at a qualified facility the con-
9 struction of which began prior to such date—
10 ‘‘(i) subject to subparagraph (B) of
11 paragraph (3), such equipment satisfies
12 the requirements of subparagraphs (A) of
13 such paragraph, and
14 ‘‘(ii) subject to subparagraph (D) of
15 paragraph (4), the construction of such
16 equipment shall satisfy the requirements
17 under subparagraph (A) of such para-
18 graph.
19 ‘‘(3) PREVAILING WAGE REQUIREMENTS.—
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1156
1 and mechanics employed by contractors and
2 subcontractors in—
3 ‘‘(i) in the case of—
4 ‘‘(I) any qualified facility de-
5 scribed in subparagraph (A)(i) of
6 paragraph (2), the construction of
7 such facility and carbon capture
8 equipment placed in service at such
9 facility, or
10 ‘‘(II) any carbon capture equip-
11 ment described in subparagraph
12 (A)(ii) of paragraph (2), the construc-
13 tion of such equipment, and
14 ‘‘(ii) for the period of the taxable year
15 which is within the 12-year period begin-
16 ning on the date on which any carbon cap-
17 ture equipment is originally placed in serv-
18 ice at any qualified facility (as described in
19 paragraphs (3)(A) and (4)(A) of sub-
20 section (a)), the alteration or repair of
21 such facility or such equipment,
22 shall be paid wages at rates not less than the
23 prevailing rates for construction, alteration, or
24 repair of a similar character in the locality as
25 most recently determined by the Secretary of
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1157
1 Labor, in accordance with subchapter IV of
2 chapter 31 of title 40, United States Code. For
3 purposes of determining an increased credit
4 amount under paragraph (1) for a taxable year,
5 the requirement under clause (ii) of this para-
6 graph is applied to such taxable year in which
7 the alteration or repair of qualified facility oc-
8 curs.
9 ‘‘(B) CORRECTION AND PENALTY RELATED
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1158
1 (A) by amending clause (i) of subpara-
2 graph (A) to read as follows:
3 ‘‘(i) for any taxable year beginning in
4 a calendar year after 2016 and before
5 2027—
6 ‘‘(I) for purposes of paragraph
7 (3) of subsection (a), $17 for each
8 calendar year during such period, and
9 ‘‘(II) for purposes of paragraph
10 (4) of such subsection, $12 for each
11 calendar year during such period,
12 and’’, and
13 (B) in clause (ii)—
14 (i) in subclause (I), by striking ‘‘$50’’
15 and inserting ‘‘the amount determined
16 under clause (i)(I) with respect to the
17 qualified facility’’, and
18 (ii) in subclause (II), by striking
19 ‘‘$35’’ and inserting ‘‘the amount deter-
20 mined under clause (i)(II) with respect to
21 the qualified facility’’.
22 (e) INSTALLATION OF ADDITIONAL CARBON CAP-
23 TURE EQUIPMENT ON CERTAIN FACILITIES.—Section
24 45Q(b) is amended by redesignating paragraph (3) as
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1159
1 paragraph (4) and by inserting after paragraph (2) the
2 following new paragraph:
3 ‘‘(3) INSTALLATION OF ADDITIONAL CARBON
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1160
1 the 12–year period begin on the first day of the first
2 taxable year in which a credit under this section is
3 claimed with respect to carbon capture equipment
4 which is originally placed in service at a qualified fa-
5 cility on or after the date of the enactment of the
6 Bipartisan Budget Act of 2018 (after application of
7 subsection (f)(6) where applicable) if—
8 ‘‘(A) no taxpayer claimed a credit under
9 this section with respect to such carbon capture
10 equipment for any prior taxable year,
11 ‘‘(B) the qualified facility at which such
12 carbon capture equipment is placed in service is
13 located in an area affected by a federally–de-
14 clared disaster (as defined by section 165(i)
15 (5)(A)) after the carbon capture equipment is
16 originally placed in service, and
17 ‘‘(C) such federally–declared disaster re-
18 sults in a cessation of the operation of the
19 qualified facility after the carbon capture equip-
20 ment is originally placed in service.’’.
21 (i) EFFECTIVE DATE.—The amendments made by
22 this section shall apply to facilities or equipment the con-
23 struction of which begins after December 31, 2021.
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1161
1 SEC. 136107. GREEN ENERGY PUBLICLY TRADED PARTNER-
2 SHIPS.
1162
1 the accepting or processing of open-loop
2 biomass or municipal solid waste,
3 ‘‘(v) the transportation or storage of
4 any fuel described in subsection (b), (c),
5 (d), or (e) of section 6426,
6 ‘‘(vi) the conversion of renewable bio-
7 mass (as defined in subparagraph (I) of
8 section 211(o)(1) of the Clean Air Act (as
9 in effect on the date of the enactment of
10 this clause)) into renewable fuel (as de-
11 fined in subparagraph (J) of such section
12 as so in effect), or the storage or transpor-
13 tation of such fuel,
14 ‘‘(vii) the production, storage, or
15 transportation of any fuel which—
16 ‘‘(I) uses as its primary feedstock
17 carbon oxides captured from an an-
18 thropogenic source or the atmosphere,
19 ‘‘(II) does not use as its primary
20 feedstock carbon oxide which is delib-
21 erately released from naturally occur-
22 ring subsurface springs, and
23 ‘‘(III) is determined by the Sec-
24 retary to achieve a reduction of not
25 less than a 60 percent in lifecycle
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1163
1 greenhouse gas emissions (as defined
2 in section 211(o)(1)(H) of the Clean
3 Air Act, as in effect on the date of the
4 enactment of this clause) compared to
5 baseline lifecycle greenhouse gas emis-
6 sions (as defined in section
7 211(o)(1)(C) of such Act, as so in ef-
8 fect), or
9 ‘‘(viii) a qualified facility (as defined
10 in section 45Q(d), without regard to any
11 date by which construction of the facility is
12 required to begin).’’.
13 (b) EFFECTIVE DATE.—The amendments made by
14 this section apply to taxable years beginning after Decem-
15 ber 31, 2021.
16 SEC. 136108. ZERO-EMISSION NUCLEAR POWER PRODUC-
17 TION CREDIT.
23 CREDIT.
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1164
1 any taxable year is an amount equal to the amount by
2 which—
3 ‘‘(1) the product of—
4 ‘‘(A) 0.3 cents, multiplied by
5 ‘‘(B) the kilowatt hours of electricity—
6 ‘‘(i) produced by the taxpayer at a
7 qualified nuclear power facility, and
8 ‘‘(ii) sold by the taxpayer to an unre-
9 lated person during the taxable year, ex-
10 ceeds
11 ‘‘(2) the reduction amount for such taxable
12 year.
13 ‘‘(b) DEFINITIONS.—
14 ‘‘(1) QUALIFIED NUCLEAR POWER FACILITY.—
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1165
1 ‘‘(A) IN GENERAL.—For purposes of this
2 section, the term ‘reduction amount’ means,
3 with respect to any qualified nuclear power fa-
4 cility for any taxable year, the amount equal to
5 the lesser of—
6 ‘‘(i) the amount determined under
7 subsection (a)(1), or
8 ‘‘(ii) the amount equal to 80 percent
9 of the excess of—
10 ‘‘(I) subject to subparagraph (B),
11 the gross receipts from any electricity
12 produced by such facility (including
13 any electricity services or products
14 provided in conjunction with the elec-
15 tricity produced by such facility) and
16 sold to an unrelated person during
17 such taxable year, over
18 ‘‘(II) the amount equal to the
19 product of—
20 ‘‘(aa) 0.5 cents (or 2.5 cents
21 for purposes of determining the
22 amount of the credit for any fa-
23 cility described in subsection
24 (d)(1)(A)), multiplied by
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1166
1 ‘‘(bb) the amount deter-
2 mined under subsection
3 (a)(1)(B).
4 ‘‘(B) TREATMENT OF CERTAIN RE-
5 CEIPTS.—
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1167
1 Federal, State or local government pro-
2 gram for, in whole or in part, the zero-
3 emission, zero-carbon, or air quality at-
4 tributes of any portion of the electricity
5 produced by such facility.
6 ‘‘(3) ELECTRICITY.—For purposes of this sec-
7 tion, the term ‘electricity’ means the energy pro-
8 duced by a qualified nuclear power facility from the
9 conversion of nuclear fuel into electric power.
10 ‘‘(c) OTHER RULES.—
11 ‘‘(1) INFLATION ADJUSTMENT.—The 0.3 cent
12 amount in subsection (a)(1)(A) and the 0.5 cent (or
13 2.5 cents where applicable) amount in subsection
14 (b)(2)(A)(ii)(II)(aa) shall each be adjusted by multi-
15 plying such amount by the inflation adjustment fac-
16 tor (as determined under section 45(e)(2), as applied
17 by substituting ‘calendar year 2022’ for ‘calendar
18 year 1992’ in subparagraph (B) thereof) for the cal-
19 endar year in which the sale occurs. If any amount
20 as increased under the preceding sentence is not a
21 multiple of 0.1 cent, such amount shall be rounded
22 to the nearest multiple of 0.1 cent.
23 ‘‘(2) SPECIAL RULES.—Rules similar to the
24 rules of paragraphs (1), (3), (4), and (5) of section
25 45(e) shall apply for purposes of this section.
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1168
1 ‘‘(3) ULTIMATE PURCHASER.—For purposes of
2 this section, electricity produced by the taxpayer
3 shall be treated as sold to an unrelated person if the
4 ultimate purchaser of such electricity is unrelated to
5 such taxpayer.
6 ‘‘(d) WAGE REQUIREMENTS.—
7 ‘‘(1) INCREASED CREDIT AMOUNT FOR QUALI-
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1169
1 ‘‘(B) CORRECTION AND PENALTY RELATED
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1170
1 (2) The table of sections for subpart D of part
2 IV of subchapter A of chapter 1 of such Code is
3 amended by adding at the end the following new
4 item:
‘‘Sec. 45W. Zero-emission nuclear power production credit.’’.
17 FUELS.
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1171
1 (2) FUELS NOT USED FOR TAXABLE PUR-
18 BIOFUEL INCENTIVES.
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1172
1 SEC. 136203. SUSTAINABLE AVIATION FUEL CREDIT.
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1173
1 ‘‘(c) QUALIFIED MIXTURE.—For purposes of this
2 section, the term ‘qualified mixture’ means a mixture of
3 sustainable aviation fuel and kerosene if—
4 ‘‘(1) such mixture is produced by the taxpayer
5 in the United States,
6 ‘‘(2) such mixture is used by the taxpayer (or
7 sold by the taxpayer for use) in an aircraft,
8 ‘‘(3) such sale or use is in the ordinary course
9 of a trade or business of the taxpayer, and
10 ‘‘(4) the transfer of such mixture to the fuel
11 tank of such aircraft occurs in the United States.
12 ‘‘(d) SUSTAINABLE AVIATION FUEL.—For purposes
13 of this section, the term ‘sustainable aviation fuel’ means
14 liquid fuel which—
15 ‘‘(1) meets the requirements of—
16 ‘‘(A) ASTM International Standard
17 D7566, or
18 ‘‘(B) the Fischer Tropsch provisions of
19 ASTM International Standard D1655, Annex
20 A1,
21 ‘‘(2) is not derived from palm fatty acid dis-
22 tillates or petroleum, and
23 ‘‘(3) has been certified in accordance with sub-
24 section (e) as having a lifecycle greenhouse gas emis-
25 sions reduction percentage of at least 50 percent.
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1174
1 ‘‘(e) LIFECYCLE GREENHOUSE GAS EMISSIONS RE-
2 DUCTION PERCENTAGE.—For purposes of this section, the
3 term ‘lifecycle greenhouse gas emissions reduction per-
4 centage’ means, with respect to any sustainable aviation
5 fuel, the percentage reduction in lifecycle greenhouse gas
6 emissions—
7 ‘‘(1) as defined in accordance with—
8 ‘‘(A) the most recent Carbon Offsetting
9 and Reduction Scheme for International Avia-
10 tion which has been adopted by the Inter-
11 national Civil Aviation Organization with the
12 agreement of the United States, or
13 ‘‘(B) any similar methodology which satis-
14 fies the criteria under section 211(o)(1)(H) of
15 the Clean Air Act (42 U.S.C. 7545(o)(1)(H)),
16 and
17 ‘‘(2) achieved by such fuel as compared with pe-
18 troleum-based jet fuel.
19 ‘‘(f) REGISTRATION OF SUSTAINABLE AVIATION
20 FUEL PRODUCERS.—No credit shall be allowed under this
21 section with respect to any sustainable aviation fuel unless
22 the producer of such fuel is registered with the Secretary
23 under section 4101 and has provided such other informa-
24 tion with respect to such fuel as the Secretary may require
25 for purposes of carrying out this section.
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1175
1 ‘‘(g) COORDINATION WITH CREDIT AGAINST EXCISE
2 TAX.—The amount of the credit determined under this
3 section with respect to any sustainable aviation fuel shall,
4 under rules prescribed by the Secretary, be properly re-
5 duced to take into account any benefit provided with re-
6 spect to such sustainable aviation fuel solely by reason of
7 the application of section 6426 or 6427(e).
8 ‘‘(h) TERMINATION.—This section shall not apply to
9 any sale or use after December 31, 2026.’’.
10 (b) CREDIT MADE PART OF GENERAL BUSINESS
11 CREDIT.— Section 38(b) is amended by striking ‘‘plus’’
12 at the end of paragraph (33), by striking the period at
13 the end of paragraph (34) and inserting ‘‘, plus’’, and by
14 inserting after paragraph (34) the following new para-
15 graph:
16 ‘‘(35) the sustainable aviation fuel credit deter-
17 mined under section 40B.’’.
18 (c) COORDINATION WITH BIODIESEL INCENTIVES.—
19 (1) IN GENERAL.—Section 40A(d)(1) is amend-
20 ed by inserting ‘‘or 40B’’ after ‘‘determined under
21 section 40’’.
22 (2) CONFORMING AMENDMENT.—Section
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1176
1 (d) SUSTAINABLE AVIATION FUEL ADDED TO CRED-
2 IT FOR ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE
3 FUEL MIXTURES.—
4 (1) IN GENERAL.—Section 6426 is amended by
5 adding at the end the following new subsection:
6 ‘‘(k) SUSTAINABLE AVIATION FUEL CREDIT.—
7 ‘‘(1) IN GENERAL.—For purposes of this sec-
8 tion, the sustainable aviation fuel credit for the tax-
9 able year is, with respect to any sale or use of a
10 qualified mixture, an amount equal to the product
11 of—
12 ‘‘(A) the number of gallons of sustainable
13 aviation fuel in such mixture, multiplied by
14 ‘‘(B) the sum of—
15 ‘‘(i) $1.25, plus
16 ‘‘(ii) the applicable supplementary
17 amount with respect to such sustainable
18 aviation fuel.
19 ‘‘(2) APPLICABLE SUPPLEMENTARY AMOUNT.—
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1 shall have the meaning given such term by section
2 40B.
3 ‘‘(4) REGISTRATION REQUIREMENT.—For pur-
4 poses of this subsection, rules similar to the rules of
5 section 40B(f) shall apply.’’.
6 (2) CONFORMING AMENDMENTS.—
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1 and inserting, ‘‘ALTERNATIVE FUEL, OR SUS-
2 TAINABLE AVIATION FUEL’’.
3 (D) Section 6427(e)(1) is amended by in-
4 serting ‘‘or the sustainable aviation fuel mixture
5 credit’’ after ‘‘alternative fuel mixture credit’’.
6 (E) Section 4101(a)(1) is amended by in-
7 serting ‘‘every person producing sustainable
8 aviation fuel (as defined in section 40B or sec-
9 tion 6426(k)(3)),’’ before ‘‘and every person
10 producing second generation biofuel’’.
11 (e) GUIDANCE.—Under rules prescribed by the Sec-
12 retary of the Treasury (or the Secretary’s delegate), the
13 amount of the credit allowed under section 40B of the In-
14 ternal Revenue Code of 1986 (as added by this subsection)
15 shall be properly reduced to take into account any benefit
16 provided with respect to sustainable aviation fuel (as de-
17 fined in such section 40B) by reason of the application
18 of section 6426 or section 6427(e).
19 (f) AMOUNT OF CREDIT INCLUDED IN GROSS IN-
20 COME.—Section 87 is amended by striking ‘‘and’’ in para-
21 graph (1), by striking the period at the end of paragraph
22 (2) and inserting ‘‘, and’’, and by adding at the end the
23 following new paragraph:
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1 ‘‘(3) the sustainable aviation fuel credit deter-
2 mined with respect to the taxpayer for the taxable
3 year under section 40B(a).’’.
4 (g) EFFECTIVE DATE.—The amendments made by
5 this section shall apply to fuel sold or used after December
6 31, 2022.
7 SEC. 136204. CLEAN HYDROGEN.
14 GEN.
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1 ‘‘(1) IN GENERAL.—For purposes of subsection
2 (a)(1), the applicable amount shall be an amount
3 equal to the applicable percentage of $0.60. If any
4 amount as determined under the preceding sentence
5 is not a multiple of 0.1 cent, such amount shall be
6 rounded to the nearest multiple of 0.1 cent.
7 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes
8 of paragraph (1), the term ‘applicable percentage’
9 shall be determined as follows:
10 ‘‘(A) In the case of any qualified clean hy-
11 drogen which is produced by a facility that is
12 placed in service before January 1, 2027
13 through a process that results in a lifecycle
14 greenhouse gas emissions rate of—
15 ‘‘(i) not greater than 6 kilograms of
16 CO2e per kilogram of hydrogen, and
17 ‘‘(ii) not less than 4 kilograms of
18 CO2e per kilogram of hydrogen,
19 the applicable percentage shall be 8.4 percent.
20 ‘‘(B) In the case of any qualified clean hy-
21 drogen which is produced through a process
22 that results in a lifecycle greenhouse gas emis-
23 sions rate of—
24 ‘‘(i) less than 4 kilograms of CO2e
25 per kilogram of hydrogen, and
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1 ‘‘(ii) not less than 2.5 kilograms of
2 CO2e per kilogram of hydrogen,
3 the applicable percentage shall be 20 percent.
4 ‘‘(C) In the case of any qualified clean hy-
5 drogen which is produced through a process
6 that results in a lifecycle greenhouse gas emis-
7 sions rate of—
8 ‘‘(i) less than 2.5 kilograms of CO2e
9 per kilogram of hydrogen, and
10 ‘‘(ii) not less than 1.5 kilograms of
11 CO2e per kilogram of hydrogen,
12 the applicable percentage shall be 33.4 percent.
13 ‘‘(D) In the case of any qualified clean hy-
14 drogen which is produced through a process
15 that results in a lifecycle greenhouse gas emis-
16 sions rate of—
17 ‘‘(i) less than 1.5 kilograms of CO2e
18 per kilogram of hydrogen, and
19 ‘‘(ii) not less than 0.45 kilograms of
20 CO2e per kilogram of hydrogen,
21 the applicable percentage shall be 50 percent.
22 ‘‘(E) In the case of any qualified clean hy-
23 drogen which is produced through a process
24 that results in a lifecycle greenhouse gas emis-
25 sions rate of less than 0.45 kilograms of CO2e
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1182
1 per kilogram of hydrogen, the applicable per-
2 centage shall be 100 percent.
3 ‘‘(3) INFLATION ADJUSTMENT.—The $0.60
4 amount in paragraph (1) shall be adjusted by multi-
5 plying such amount by the inflation adjustment fac-
6 tor (as determined under section 45(e)(2), deter-
7 mined by substituting ‘2020’ for ‘1992’ in subpara-
8 graph (B) thereof) for the calendar year in which
9 the qualified clean hydrogen is produced. If any
10 amount as increased under the preceding sentence is
11 not a multiple of 0.1 cent, such amount shall be
12 rounded to the nearest multiple of 0.1 cent.
13 ‘‘(c) DEFINITIONS.—For purposes of this section—
14 ‘‘(1) LIFECYCLE GREENHOUSE GAS EMIS-
15 SIONS.—
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1 determined under the most recent Greenhouse
2 gases, Regulated Emissions, and Energy use in
3 Transportation model (commonly referred to as
4 the ‘GREET model’) developed by Argonne Na-
5 tional Laboratory, or a successor model (as de-
6 termined by the Secretary).
7 ‘‘(2) QUALIFIED CLEAN HYDROGEN.—
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1 the Secretary may prescribe under sub-
2 section (f)(2).
3 ‘‘(3) QUALIFIED CLEAN HYDROGEN PRODUC-
4 TION FACILITY.—
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1 ‘‘(e) INCREASED CREDIT AMOUNT FOR QUALIFIED
2 CLEAN HYDROGEN PRODUCTION FACILITIES.—
3 ‘‘(1) IN GENERAL.—In the case of any qualified
4 clean hydrogen production facility which satisfies the
5 requirements of paragraph (2), the amount of the
6 credit determined under subsection (a) with respect
7 to qualified clean hydrogen described in subsection
8 (b)(2) shall be equal to such amount multiplied by
9 5 (determined without regard to this sentence).
10 ‘‘(2) REQUIREMENTS.—A facility meets the re-
11 quirements of this subparagraph if it is one of the
12 following:
13 ‘‘(A) A facility—
14 ‘‘(i) the construction of which begins
15 prior to the date that is 60 days after the
16 Secretary publishes guidance with respect
17 to the requirements of paragraphs (3) and
18 (4), and
19 ‘‘(ii) which meets the requirements of
20 paragraph (3) with respect to construction,
21 alteration, or repair of facilities which oc-
22 curs after such date, and
23 ‘‘(B) A facility which satisfies the require-
24 ments of paragraphs (3) and (4).
25 ‘‘(3) PREVAILING WAGE REQUIREMENTS.—
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1186
1 ‘‘(A) IN GENERAL.—The requirements de-
2 scribed in this subparagraph with respect to
3 any qualified clean hydrogen production facility
4 are that the taxpayer shall ensure that any la-
5 borers and mechanics employed by contractors
6 and subcontractors in—
7 ‘‘(i) the construction of such facility,
8 and
9 ‘‘(ii) for the period of the taxable year
10 which is within the 10-year period begin-
11 ning on the date the facility was originally
12 placed in service, the alteration or repair of
13 such facility,
14 shall be paid wages at rates not less than the
15 prevailing rates for construction, alteration, or
16 repair of a similar character in the locality as
17 most recently determined by the Secretary of
18 Labor, in accordance with subchapter IV of
19 chapter 31 of title 40, United States Code. For
20 purposes of determining an increased credit
21 amount under paragraph (1) for a taxable year,
22 the requirement under clause (ii) of this para-
23 graph is applied to such taxable year in which
24 the alteration or repair of qualified facility oc-
25 curs.
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1 ‘‘(B) CORRECTION AND PENALTY RELATED
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1 (A) IN GENERAL.—Section 6417(b), as
2 amended by the preceding provisions of this
3 Act, is amended by adding at the end the fol-
4 lowing new paragraph:
5 ‘‘(8) So much of the the credit for production
6 of clean hydrogen determined under section 45X as
7 is attributable to qualified clean hydrogen produc-
8 tion facilities which are originally placed in service
9 after December 31, 2011, and with respect to which
10 an election is made under subsection (c)(3).’’.
11 (B) ELECTION.—Section 6417(c)(3), as
12 amended by the preceding provisions of this
13 Act, is amended by adding at the end the fol-
14 lowing new subparagraph:
15 ‘‘(D) CREDIT FOR PRODUCTION OF CLEAN
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1 case of facilities placed in service before
2 December 31, 2021),
3 ‘‘(iii) shall apply to such taxable year
4 and all subsequent taxable years with re-
5 spect to such facility.’’.
6 (3) CREDIT REDUCED FOR TAX-EXEMPT
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1 (B) The table of sections for subpart D of
2 part IV of subchapter A of chapter 1 amended
3 by adding at the end the following new item:
‘‘Sec. 45X. Credit for production of clean hydrogen.’’.
1191
1 year period after such facility is placed in service.
2 The Secretary shall issue such regulations or other
3 guidance as the Secretary determines appropriate to
4 carry out the purposes of this paragraph, including
5 regulations or other guidance to require verification
6 by unrelated third parties of the production and use
7 of electricity to which this paragraph applies.’’.
8 (2) EFFECTIVE DATE.—The amendment made
9 by this subsection shall apply to electricity produced
10 after December 31, 2021.
11 (c) ELECTION TO TREAT CLEAN HYDROGEN PRO-
12 DUCTION FACILITIES AS ENERGY PROPERTY.—
13 (1) IN GENERAL.—Section 48(a) is amended by
14 adding at the end the following new paragraph:
15 ‘‘(15) ELECTION TO TREAT CLEAN HYDROGEN
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1 ‘‘(I) in the case of a facility
2 which is designed and reasonably ex-
3 pected to produce qualified clean hy-
4 drogen which is described in a sub-
5 paragraph (A) of section 45X(b)(2),
6 0.5 percent,
7 ‘‘(II) in the case of a facility
8 which is designed and reasonably ex-
9 pected to produce qualified clean hy-
10 drogen which is described in a sub-
11 paragraph (B) of such section, 1.2
12 percent,
13 ‘‘(III) in the case of a facility
14 which is designed and reasonably ex-
15 pected to produce qualified clean hy-
16 drogen which is described in a sub-
17 paragraph (C) of such section, 2 per-
18 cent,
19 ‘‘(IV) in the case of a facility
20 which is designed and reasonably ex-
21 pected to produce qualified clean hy-
22 drogen which is described in a sub-
23 paragraph (D) of such section, 3 per-
24 cent, and
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1 ‘‘(V) in the case of a facility
2 which is designed and reasonably ex-
3 pected to produce qualified clean hy-
4 drogen which is described in subpara-
5 graph (E) of such section, 6 percent.
6 ‘‘(B) DENIAL OF PRODUCTION CREDIT.—
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1 ‘‘(D) QUALIFIED CLEAN HYDROGEN.—For
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1 erty the construction of which begins prior to Janu-
2 ary 1, 2022, only to the extent of the basis thereof
3 attributable to the construction, reconstruction, or
4 erection after December 31, 2021.
5 (d) TERMINATION OF EXCISE TAX CREDIT FOR HY-
6 DROGEN.—
21 IT.
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1 (b) INCREASE IN CREDIT PERCENTAGE FOR QUALI-
2 FIED ENERGY EFFICIENCY IMPROVEMENTS.—Section
3 25C(a)(1) is amended by striking ‘‘10 percent’’ and insert-
4 ing ‘‘30 percent’’.
5 (c) APPLICATION OF ANNUAL LIMITATION IN LIEU
6 OF LIFETIME LIMITATION.—Section 25C(b) is amended
7 to read as follows:
8 ‘‘(b) LIMITATIONS.—
9 ‘‘(1) IN GENERAL.—The credit allowed under
10 this section with respect to any taxpayer for any tax-
11 able year shall not exceed $1,200.
12 ‘‘(2) WINDOWS.—The credit allowed under this
13 section by reason of subsection (a)(1) with respect to
14 any taxpayer for any taxable year shall not exceed,
15 in the aggregate with respect to all exterior windows
16 and skylights, $600.
17 ‘‘(3) DOORS.—The credit allowed under this
18 section by reason of subsection (a)(1) with respect to
19 any taxpayer for any taxable year shall not exceed—
20 ‘‘(A) $250 in the case of any exterior door,
21 and
22 ‘‘(B) $500 in the aggregate with respect to
23 all exterior doors.
24 ‘‘(4) CERTAIN PROPERTY EXCLUDED FROM
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1 erty described in subsection (d)(2)(A)(ii), subsection
2 (d)(2)(B), or subsection (d)(2)(C) shall not be sub-
3 ject to the limitation in paragraph (1) or factored in
4 for purposes of calculating the limitation under such
5 paragraph.’’.
6 (d) MODIFICATIONS RELATED TO QUALIFIED EN-
7 ERGY EFFICIENCY IMPROVEMENTS.—
8 (1) STANDARDS FOR ENERGY EFFICIENT
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1 striking ‘‘, and’’ at the end of subparagraph (C) and
2 inserting a period, and by striking subparagraph
3 (D).
4 (3) AIR SEALING INSULATION ADDED TO DEFI-
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1 ‘‘(2) QUALIFIED ENERGY PROPERTY.—The
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1 by the taxpayer, or to heat water for use
2 in such a dwelling unit, and
3 ‘‘(ii) which has a thermal efficiency
4 rating of at least 75 percent (measured by
5 the higher heating value of the fuel).
6 ‘‘(D) Any oil furnace or hot water boiler
7 which—
8 ‘‘(i) is placed in service after Decem-
9 ber 31, 2021 and before January 1, 2027
10 and meets or exceeds 2021 Energy Star ef-
11 ficiency criteria and is rated by the manu-
12 facturer for use with eligible fuel blends of
13 20 percent or more, or
14 ‘‘(ii) is placed in service after Decem-
15 ber 31, 2026 and achieves an annual fuel
16 utilization efficiency rate of not less than
17 90 and is rated by the manufacturer for
18 use with eligible fuel blends of 50 percent
19 or more.
20 ‘‘(3) ELIGIBLE FUEL.—For purposes of para-
21 graph (2), the term ‘eligible fuel’ means biodiesel
22 and renewable diesel (within the meaning of section
23 40A) and second generation biofuel (within the
24 meaning of section 40).’’.
25 (f) HOME ENERGY AUDITS.—
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1 (1) IN GENERAL.—Section 25C(a) is amended
2 by striking ‘‘and’’ at the end of paragraph (1), by
3 striking the period at the end of paragraph (2) and
4 inserting ‘‘, and’’, and by adding at the end the fol-
5 lowing new paragraph:
6 ‘‘(3) 30 percent of the amount paid or incurred
7 by the taxpayer during the taxable year for home en-
8 ergy audits.’’.
9 (2) LIMITATION.—Section 25C(b), as amended
10 by subsection (c), is amended adding at the end the
11 following new paragraph:
12 ‘‘(4) HOME ENERGY AUDITS.—
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1 sections (f), (g), and (h), respectively, and by
2 inserting after subsection (d) the following new
3 subsection:
4 ‘‘(e) HOME ENERGY AUDITS.—For purposes of this
5 section, the term ‘home energy audit’ means an inspection
6 and written report with respect to a dwelling unit located
7 in the United States and owned or used by the taxpayer
8 as the taxpayer’s principal residence (within the meaning
9 of section 121) which—
10 ‘‘(1) identifies the most significant and cost-ef-
11 fective energy efficiency improvements with respect
12 to such dwelling unit, including an estimate of the
13 energy and cost savings with respect to each such
14 improvement, and
15 ‘‘(2) is conducted and prepared by a home en-
16 ergy auditor that meets the certification or other re-
17 quirements specified by the Secretary (not later than
18 365 days after the date of the enactment of this
19 subsection) in regulations or other guidance.’’.
20 (B) CONFORMING AMENDMENT.—Section
25 6213(g)(2) is amended—
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1 (A) in subparagraph (P), by striking
2 ‘‘and’’ at the end,
3 (B) in subparagraph (Q), by striking the
4 period at the end and inserting ‘‘, and’’, and
5 (C) by adding at the end the following:
6 ‘‘(R) an omission of correct information or
7 documentation required under section
8 25C(b)(4)(B) (relating to home energy audits)
9 to be included on a return.’’.
10 (g) IDENTIFICATION NUMBER REQUIREMENT.—
11 (1) IN GENERAL.—Section 25C, as amended by
12 subsections (a) and (f), is amended by redesignating
13 subsection (h) as subsection (i) and by inserting
14 after subsection (g) the following new subsection:
15 ‘‘(h) PRODUCT IDENTIFICATION NUMBER REQUIRE-
16 MENT.—
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1 ‘‘(2) QUALIFIED PRODUCT IDENTIFICATION
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1 tification numbers so assigned and including
2 such information as the Secretary may require
3 with respect to the item of specified property to
4 which such number was so assigned.
5 ‘‘(4) SPECIFIED PROPERTY.—For purposes of
6 this subsection, the term ‘specified property’ means
7 any qualified energy property and any property de-
8 scribed in subparagraph (B) or (C) of subsection
9 (c)(3).’’.
10 (2) OMISSION OF CORRECT PRODUCT IDENTI-
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1 (1) IN GENERAL.—Except as otherwise pro-
2 vided by this subsection, the amendments made by
3 this section shall apply to property placed in service
4 after December 31, 2021.
5 (2) HOME ENERGY AUDITS.—The amendments
6 made by subsection (f) shall apply to amounts paid
7 or incurred after December 31, 2021.
8 (3) IDENTIFICATION NUMBER REQUIREMENT.—
17 25D(g) is amended—
18 (A) by striking ‘‘before January 1, 2023’’
19 in paragraph (2) and inserting ‘‘before January
20 1, 2022’’,
21 (B) by striking ‘‘and’’ at the end of para-
22 graph (2),
23 (C) by redesignating paragraph (3) as
24 paragraph (5) and by inserting after paragraph
25 (2) the following new paragraphs:
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1 ‘‘(3) in the case of property placed in service
2 after December 31, 2021, and before January 1,
3 2032, 30 percent,
4 ‘‘(4) in the case of property placed in service
5 after December 31, 2031, and before January 1,
6 2033, 26 percent, and’’, and
7 (D) by striking ‘‘December 31, 2022, and
8 before January 1, 2024’’ in paragraph (5) (as
9 so redesignated) and inserting ‘‘December 31,
10 2032, and before January 1, 2034’’.
11 (b) RESIDENTIAL ENERGY EFFICIENT PROPERTY
12 CREDIT FOR BATTERY STORAGE TECHNOLOGY.—
13 (1) IN GENERAL.—Section 25D(a) is amended
14 by striking ‘‘and’’ at the end of paragraph (5) and
15 by inserting after paragraph (6) the following new
16 paragraph:
17 ‘‘(7) the qualified battery storage technology ex-
18 penditures,’’.
19 (2) QUALIFIED BATTERY STORAGE TECH-
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1 tery storage technology expenditure’ means an ex-
2 penditure for battery storage technology which—
3 ‘‘(A) is installed in connection with a
4 dwelling unit located in the United States and
5 used as a residence by the taxpayer, and
6 ‘‘(B) has a capacity of not less than 3 kilo-
7 watt hours.’’.
8 (c) CREDIT MADE REFUNDABLE; INSTALLER RE-
9 QUIREMENTS; TREATMENT OF CERTAIN POSSESSIONS.—
10 Section 25D is amended by redesignating subsection (h)
11 as subsection (k) and by inserting after subsection (g) the
12 following new subsections:
13 ‘‘(h) CREDIT MADE REFUNDABLE FOR TAXABLE
14 YEARS AFTER 2021.—In the case of any taxable year be-
15 ginning after December 31, 2022, the credit allowed under
16 subsection (a) shall be treated as a credit allowed under
17 subpart C (and not allowed under this subpart).
18 ‘‘(i) REQUIREMENT FOR QUALIFIED INSTALLER.—
19 ‘‘(1) IN GENERAL.—No credit shall be allowed
20 under this section with respect to any property de-
21 scribed in subsection (a) placed in service after De-
22 cember 31, 2022 unless—
23 ‘‘(A) such property is installed by a quali-
24 fied installer, and
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1 ‘‘(B) the taxpayer includes the qualified in-
2 stallation identification number described in
3 paragraph (3) on the return of tax for the tax-
4 able year.
5 ‘‘(2) QUALIFIED INSTALLER.—
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1 ‘‘(B) INSTALLER DEEMED TO MEET RE-
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1 tion of any person under this section may be denied,
2 revoked, or suspended if the Secretary determines
3 that such denial, revocation, or suspension is nec-
4 essary to prevent duplication, fraud, or improper
5 claims with respect to property described in sub-
6 section (a).
7 ‘‘(j) TREATMENT OF CERTAIN POSSESSIONS.—
8 ‘‘(1) PAYMENTS TO POSSESSIONS WITH MIRROR
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1 spective possession has a plan which has been ap-
2 proved by the Secretary under which such possession
3 will promptly distribute such payments to its resi-
4 dents.
5 ‘‘(3) MIRROR CODE TAX SYSTEM; TREATMENT
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1 ‘‘(V) an omission of a correct qualified in-
2 stallation identification number required under
3 section 25D (relating to credit for residential
4 energy efficient property) to be included on a
5 return.’’.
6 (f) EFFECTIVE DATES.—
7 (1) The amendments made by subsections (a),
8 (b), (d), and (e) shall apply to expenditures made
9 after December 31, 2021.
10 (2) The amendments made by subsection (c)
11 shall apply to expenditures made after December 31,
12 2022.
13 SEC. 136303. ENERGY EFFICIENT COMMERCIAL BUILDINGS
14 DEDUCTION.
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1 ‘‘(B) the most recent Standard 90.1 pub-
2 lished by the American Society of Heating, Re-
3 frigerating, and Air Conditioning Engineers and
4 the Illuminating Engineering Society of North
5 America for which the Department of Energy
6 has issued a final determination and which has
7 been affirmed by the Secretary for purposes of
8 this section not later than the date that is 4
9 years before the date such property is placed in
10 service.’’.
11 (b) TEMPORARY INCREASE IN DEDUCTION, ETC..—
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1 any taxable year shall not exceed the excess (if
2 any) of—
3 ‘‘(i) the product of—
4 ‘‘(I) the applicable dollar value,
5 and
6 ‘‘(II) the square footage of the
7 building, over
8 ‘‘(ii) the aggregate amount of the de-
9 ductions under subsection (a) and para-
10 graph (6) with respect to the building for
11 the 3 taxable years immediately preceding
12 such taxable year (or, in the case of any
13 such deduction allowable to a person other
14 than the taxpayer, for any taxable year
15 ending during the 4-taxable-year period
16 ending with such taxable year).
17 ‘‘(B) APPLICABLE DOLLAR VALUE.—For
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1 ‘‘(C) APPLICATION OF INFLATION ADJUST-
14 PROPERTY.—
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1 guidance with respect to the requirements
2 of paragraphs (5) and (6).
3 ‘‘(ii) A building or qualified retrofit
4 plan the construction of which satisfies the
5 requirements of paragraphs (5) and (6).
6 ‘‘(5) PREVAILING WAGE REQUIREMENTS.—
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1 ‘‘(6) APPRENTICESHIP REQUIREMENTS.—Rules
4 TAX-EXEMPT ENTITIES.—
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1 qualified building, there shall be allowed as a
2 deduction for the taxable year which includes
3 the date of the qualifying final certification with
4 respect to the qualified retrofit plan of such
5 building, an amount equal to the lesser of—
6 ‘‘(i) the excess described in paragraph
7 (3) (determined by substituting ‘energy
8 usage intensity’ for ‘total annual energy
9 and power costs’ in subparagraph (B)
10 thereof), or
11 ‘‘(ii) the aggregate adjusted basis (de-
12 termined after taking into account all ad-
13 justments with respect to such taxable year
14 other than the reduction under subsection
15 (e)) of energy efficient retrofit building
16 property placed in service by the taxpayer
17 pursuant to such qualified retrofit plan.
18 ‘‘(B) QUALIFIED RETROFIT PLAN.—For
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1 such building. Such plan shall provide for a
2 qualified professional to—
3 ‘‘(i) as of any date during the 1-year
4 period ending on the date of the first cer-
5 tification described in clause (ii), certify
6 the energy usage intensity of such building
7 as of such date,
8 ‘‘(ii) certify the status of property in-
9 stalled pursuant to such plan as meeting
10 the requirements of clauses (ii) and (iii)
11 subparagraph (C), and
12 ‘‘(iii) as of any date that is more than
13 1 year after completion of the plan, certify
14 the energy usage intensity of such building
15 as of such date.
16 ‘‘(C) ENERGY EFFICIENT RETROFIT
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1 ‘‘(I) the interior lighting systems,
2 ‘‘(II) the heating, cooling, ven-
3 tilation, and hot water systems, or
4 ‘‘(III) the building envelope, and
5 ‘‘(iv) which is certified in accordance
6 with subparagraph (B)(ii) as meeting the
7 requirements of clauses (ii) and (iii).
8 ‘‘(D) QUALIFIED BUILDING.—For pur-
9 poses of this paragraph, the term ‘qualified
10 building’ means any building which—
11 ‘‘(i) is located in the United States,
12 and
13 ‘‘(ii) was originally placed in service
14 not less than 5 years before the establish-
15 ment of the qualified retrofit plan with re-
16 spect to such building.
17 ‘‘(E) QUALIFYING FINAL CERTIFI-
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1 ‘‘(F) BASELINE ENERGY USAGE INTEN-
2 SITY.—
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1 individual who is a licensed architect or a
2 licenced engineer and meets such other re-
3 quirements as the Secretary may provide.
4 ‘‘(H) COORDINATION WITH DEDUCTION
6 (a).—
7 ‘‘(i) IN GENERAL.—In the case of any
8 building with respect to which an election
9 is made under subparagraph (A), the term
10 ‘energy efficient commercial building prop-
11 erty’ shall not include any energy efficient
12 retrofit building property with respect to
13 which a deduction is allowable under this
14 paragraph.
15 ‘‘(ii) CERTAIN RULES NOT APPLICA-
16 BLE.—
17 ‘‘(I) IN GENERAL.—Except as
18 provided in subclause (II), subsection
19 (d) shall not apply for purposes of
20 this paragraph.
21 ‘‘(II) ALLOCATION OF DEDUC-
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1 paragraph (5)) shall apply for pur-
2 poses of this paragraph.’’.
3 (c) APPLICATION TO REAL ESTATE INVESTMENT
4 TRUST EARNINGS AND PROFITS.—Section 312(k)(3)(B)
5 is amended—
6 (1) by striking ‘‘for purposes of computing the
7 earnings and profits of a corporation’’ and inserting
8 the following:
9 ‘‘(i) IN GENERAL.—For purposes of
10 computing the earnings and profits of a
11 corporation, except as provided in clause
12 (ii)’’, and
13 (2) by adding at the end the following new
14 clause:
15 ‘‘(ii) SPECIAL RULE.—In the case of a
16 corporation that is a real estate investment
17 trust, any amount deductible under section
18 179D shall be allowed in the year in which
19 the property giving rise to such deduction
20 is placed in service.’’.
21 (d) CONFORMING AMENDMENT.—Section
22 179D(d)(2) is amended by striking ‘‘not later than the
23 date that is 2 years before the date that construction of
24 such property begins’’ and inserting ‘‘not later than the
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1 date that is 4 years before the date such property is placed
2 in service’’.
3 (e) EFFECTIVE DATE.—
4 (1) IN GENERAL.—Except as otherwise pro-
5 vided in this subsection, the amendment made by
6 this section shall apply to taxable years beginning
7 after December 31, 2021.
8 (2) ALTERNATIVE DEDUCTION FOR ENERGY EF-
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1 ‘‘(2) APPLICABLE AMOUNT.—For purposes of
2 paragraph (1), the applicable amount is an amount
3 equal to—
4 ‘‘(A) in the case of a dwelling unit which
5 is eligible to participate in the Energy Star
6 Residential New Construction Program or the
7 Energy Star Manufactured New Homes pro-
8 gram—
9 ‘‘(i) that is described in subsection
10 (c)(1)(A) (and not described in subsection
11 (c)(1)(B)), $2,500, and
12 ‘‘(ii) that is described in subsection
13 (c)(1)(B), $5000, and
14 ‘‘(B) in the case of a dwelling unit which
15 is part of a building eligible to participate in
16 the Energy Star Multifamily New Construction
17 Program—
18 ‘‘(i) that is described in subsection
19 (c)(1)(A) (and not described in subsection
20 (c)(1)(B)), $500, and
21 ‘‘(ii) that is described in subsection
22 (c)(1)(B), $1000.’’.
23 (c) MODIFICATION OF ENERGY SAVING REQUIRE-
24 MENTS.—Section 45L(c) is amended to read as follows:
25 ‘‘(c) ENERGY SAVING REQUIREMENTS.—
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1 ‘‘(1) IN GENERAL.—A dwelling unit meets the
2 energy saving requirements of this subsection if—
3 ‘‘(A) such dwelling unit meets the require-
4 ments of paragraph (2) or (3) (whichever is ap-
5 plicable), or
6 ‘‘(B) such dwelling unit is certified as a
7 zero energy ready home under the zero energy
8 ready home program of the Department of En-
9 ergy (or any successor program determined by
10 the Secretary) as in effect on January 1, 2022.
11 ‘‘(2) SINGLE-FAMILY HOME REQUIREMENTS.—
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1 tion of such dwelling unit (as in effect on the
2 latter of January 1, 2022 or January 1 of two
3 calendar years prior to the date the dwelling
4 unit was acquired), or
5 ‘‘(C) such dwelling unit meets the most re-
6 cent Energy Star Manufactured Home National
7 program requirements as in effect on the latter
8 of January 1, 2022 or January 1 of two cal-
9 endar years prior to the date such dwelling unit
10 is acquired.
11 ‘‘(3) MULTI-FAMILY HOME REQUIREMENTS.—A
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1 three calendar years prior to the date the dwell-
2 ing was acquired, whichever is later).’’.
3 (d) PREVAILING WAGE REQUIREMENT.—Section
4 45L is amended by redesignating subsection (g) as sub-
5 section (h) and by inserting after subsection (f) the fol-
6 lowing new subsection:
7 ‘‘(g) PREVAILING WAGE REQUIREMENT.—
8 ‘‘(1) IN GENERAL.—In the case of a qualifying
9 residence described in subsection (b)(2)(B) meeting
10 the prevailing wage requirements of paragraph (2),
11 the credit amount allowed with respect to such resi-
12 dence shall be—
13 ‘‘(A) $2,500 in the case of a residence de-
14 scribed in subparagraph (A) of subsection
15 (c)(1) (and not described in subparagraph (B)
16 of such subsection), and
17 ‘‘(B) $5,000 in the case of a residence de-
18 scribed in (c)(1)(B).
19 ‘‘(2) PREVAILING WAGE REQUIREMENTS.—
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1 wages at rates not less than the prevailing rates
2 for construction, alteration, or repair of a simi-
3 lar character in the locality as most recently de-
4 termined by the Secretary of Labor, in accord-
5 ance with subchapter IV of chapter 31 of title
6 40, United States Code.
7 ‘‘(B) CORRECTION AND PENALTY RELATED
23 CONSERVATION SUBSIDIES.
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1 (1) by striking ‘‘any subsidy provided’’ and in-
2 serting ‘‘any subsidy—
3 ‘‘(1) provided’’,
4 (2) by striking the period at the end and insert-
5 ing a comma, and
6 (3) by adding at the end the following new
7 paragraphs:
8 ‘‘(2) provided (directly or indirectly) by a public
9 utility to a customer, or by a State or local govern-
10 ment to a resident of such State or locality, for the
11 purchase or installation of any water conservation or
12 efficiency measure,
13 ‘‘(3) provided (directly or indirectly) by a storm
14 water management provider to a customer, or by a
15 State or local government to a resident of such State
16 or locality, for the purchase or installation of any
17 storm water management measure, or
18 ‘‘(4) provided (directly or indirectly) by a State
19 or local government to a resident of such State or
20 locality for the purchase or installation of any waste-
21 water management measure, but only if such meas-
22 ure is with respect to the taxpayer’s principal resi-
23 dence.’’.
24 (b) CONFORMING AMENDMENTS.—
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1 (1) DEFINITION OF WATER CONSERVATION OR
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1 duce or manage amounts of storm water with re-
2 spect to one or more dwelling units.
3 ‘‘(4) WASTEWATER MANAGEMENT MEASURE.—
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1 ernment or any political subdivision thereof, or
2 any instrumentality of any of the foregoing.’’.
3 (3) CLERICAL AMENDMENTS.—
9 LIC UTILITIES’’.
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1 or storm water management measure before January 1,
2 2019.
3 SEC. 136306. CREDIT FOR QUALIFIED WILDFIRE MITIGA-
4 TION EXPENDITURES.
9 TURES.
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1 item to the sum of the State’s and taxpayer’s ex-
2 penditures for such item is not less than 25 percent.
3 ‘‘(2) SPECIFIED WILDFIRE MITIGATION EX-
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1 taxable year (determined without regard to this sub-
2 section) that is attributable to expenditures made in
3 the ordinary course of the taxpayer’s trade or busi-
4 ness (or, in the case of expenditures made by a
5 State, would have been expenditures made in the or-
6 dinary course of the taxpayer’s trade or business if
7 made by the taxpayer) shall be treated as a credit
8 listed in section 38(b) for taxable year (and not al-
9 lowed under subsection (a)).
10 ‘‘(2) PERSONAL CREDIT.—For purposes of this
11 title, the credit allowed under subsection (a) for any
12 taxable year (determined after application of para-
13 graph (1)) shall be treated as a credit allowable
14 under subpart A for such taxable year.
15 ‘‘(d) REDUCTION OF CREDIT PERCENTAGE WHERE
16 TAXPAYER EXPENDITURES LESS THAN 30 PERCENT.—
17 ‘‘(1) IN GENERAL.—If the expenditure percent-
18 age with respect to any item of qualified wildfire
19 mitigation expenditure is less than 30 percent, sub-
20 section (a) shall be applied by substituting ‘the ex-
21 penditure percentage’ for ‘30 percent’ with respect
22 to such item of expenditure.
23 ‘‘(2) EXPENDITURE PERCENTAGE.—For pur-
24 poses of this section, the term ‘expenditure percent-
25 age’ means, with respect to any item of qualified
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1 wildfire mitigation expenditure any portion of which
2 is paid or incurred by a State, the ratio (expressed
3 as a percentage) of—
4 ‘‘(A) the taxpayer’s expenditure for such
5 item, divided by
6 ‘‘(B) the sum of the taxpayer’s and such
7 State’s expenditures for such item.
8 ‘‘(e) SPECIAL RULES.—
9 ‘‘(1) TREATMENT OF EXPENDITURES RELATED
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1 with respect to such expenditure (determined with-
2 out regard to subsection (c)).
3 ‘‘(3) DENIAL OF DOUBLE BENEFIT.—The
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1 (3) The table of sections for subpart B of part
2 IV of subchapter A of chapter 1 is amended by in-
3 serting after the item relating to section 27 the fol-
4 lowing new item:
‘‘Sec. 28. Qualified wildfire mitigation expenditures.’’.
10 ALTERNATIVE VEHICLES
13 DIVIDUALS.
18 MOTOR VEHICLES.
1241
1 ‘‘(b) PER VEHICLE AMOUNTS.—
2 ‘‘(1) IN GENERAL.—The amount determined
3 under this subsection with respect to any new quali-
4 fied plug-in electric drive motor vehicle is the sum
5 of the amounts determined under paragraphs (2)
6 through (5) with respect to such vehicle (not to ex-
7 ceed 50 percent of the purchase price of such vehi-
8 cle).
9 ‘‘(2) BASE AMOUNT.—The amount determined
10 under this paragraph is $4,000.
11 ‘‘(3) BATTERY CAPACITY.—In the case of a new
12 qualified plug-in electric drive motor vehicle, the
13 amount determined under this paragraph is $3,500
14 if—
15 ‘‘(A) in the case of a vehicle placed in serv-
16 ice before January 1, 2027, such vehicle draws
17 propulsion energy from a battery with not less
18 than 40 kilowatt hours of capacity and has a
19 gasoline tank capacity not greater than 2.5 gal-
20 lons, and
21 ‘‘(B) in the case of a vehicle placed in serv-
22 ice after December 31, 2026, such vehicle
23 draws propulsion energy from a battery with
24 not less than 50 kilowatt hours of capacity and
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1 has a gasoline tank capacity not greater than
2 2.5 gallons.
3 ‘‘(4) DOMESTIC ASSEMBLY.—In the case of a
4 new qualified electric drive plug-in vehicle which sat-
5 isfies the domestic assembly qualifications, the
6 amount determined under this paragraph is $4,500.
7 ‘‘(5) DOMESTIC CONTENT.—In the case of a
8 new qualified electric drive plug-in vehicle which sat-
9 isfies domestic content qualifications, the amount de-
10 termined under this paragraph is $500.
11 ‘‘(c) LIMITATION BASED ON MODIFIED ADJUSTED
12 GROSS INCOME.—
13 ‘‘(1) IN GENERAL.—The amount of the credit
14 allowable under subsection (a) for any taxable year
15 shall be reduced (but not below zero) by $200 for
16 each $1,000 (or fraction thereof) by which—
17 ‘‘(A) the lesser of—
18 ‘‘(i) the taxpayer’s modified adjusted
19 gross income for such taxable year, or
20 ‘‘(ii) the taxpayer’s modified adjusted
21 gross income for the preceding taxable
22 year, exceeds
23 ‘‘(B) the threshold amount.
24 For purposes of the preceding sentence, the term
25 ‘modified adjusted gross income’ means adjusted
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1 gross income increased by any amount excluded
2 from gross income under section 911, 931, or 933.
3 ‘‘(2) THRESHOLD AMOUNT.—For purposes of
4 paragraph (1), the term ‘threshold amount’ means—
5 ‘‘(A) $800,000 in the case of a joint return
6 or surviving spouse (half such amount in the
7 case of a married individual filing a separate re-
8 turn),
9 ‘‘(B) $600,000 in the case of a head of
10 household, and
11 ‘‘(C) $400,000 in any other case.
12 ‘‘(d) MANUFACTURER’S SUGGESTED RETAIL PRICE
13 LIMITATION.—
14 ‘‘(1) IN GENERAL.—No credit shall be allowed
15 under subsection (a) for a vehicle with a manufac-
16 turer’s suggested retail price in excess of the appli-
17 cable limitation.
18 ‘‘(2) APPLICABLE LIMITATION.—For purposes
19 of paragraph (1), the applicable limitation for each
20 vehicle classification is as follows:
21 ‘‘(A) VANS.—In the case of a van,
22 $64,000.
23 ‘‘(B) SPORT UTILITY VEHICLES.—In the
24 case of a sport utility vehicle, $69,000.
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1 ‘‘(C) PICKUP TRUCKS.—In the case of a
2 pickup truck, $74,000.
3 ‘‘(D) OTHER.—In the case of any other ve-
4 hicle, $55,000.
5 ‘‘(3) REGULATIONS AND GUIDANCE.—For pur-
6 poses of this subsection, the Secretary shall pre-
7 scribe such regulations or other guidance as the Sec-
8 retary determines necessary or appropriate for deter-
9 mining vehicle classifications using criteria similar to
10 that employed by the Environmental Protection
11 Agency and the Department of the Energy to deter-
12 mine size and class of vehicles.’’
13 ‘‘(e) NEW QUALIFIED PLUG-IN ELECTRIC DRIVE
14 MOTOR VEHICLE.—For purposes of this section—
15 ‘‘(1) IN GENERAL.—The term ‘new qualified
16 plug-in electric drive motor vehicle’ means a motor
17 vehicle—
18 ‘‘(A) the original use of which commences
19 with the taxpayer,
20 ‘‘(B) which is acquired for use by the tax-
21 payer and not for resale,
22 ‘‘(C) which is made by a qualified manu-
23 facturer,
24 ‘‘(D) which is treated as a motor vehicle
25 for purposes of title II of the Clean Air Act,
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1 ‘‘(E) which has a gross vehicle weight rat-
2 ing of less than 14,000 pounds,
3 ‘‘(F) which is propelled to a significant ex-
4 tent by an electric motor which draws electricity
5 from a battery which—
6 ‘‘(i) has a capacity of not less than 10
7 kilowatt hours, and
8 ‘‘(ii) is capable of being recharged
9 from an external source of electricity,
10 ‘‘(G) with respect to which, in the case of
11 a vehicle placed in service after December 31,
12 2026, final assembly is within the United
13 States,
14 ‘‘(H) is not of a character subject to an al-
15 lowance for depreciation, and
16 ‘‘(I) for which the person who sells or
17 leases any new qualified plug-in electric vehicle
18 to the taxpayer furnishes a report to the tax-
19 payer and to the Secretary, at such time and in
20 such manner as the Secretary shall provide,
21 containing—
22 ‘‘(i) the name and taxpayer identifica-
23 tion number of the taxpayer,
24 ‘‘(ii) the vehicle identification number
25 of the vehicle, unless, in accordance with
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1 any applicable rules promulgated by the
2 Secretary of Transportation, the vehicle is
3 not assigned such a number,
4 ‘‘(iii) the battery capacity of the vehi-
5 cle,
6 ‘‘(iv) in the case of any new qualified
7 plug-in electric vehicle, verification that
8 original use of the vehicle commences with
9 the taxpayer,
10 ‘‘(v) the maximum credit under this
11 section allowable to the taxpayer with re-
12 spect to the vehicle, and
13 ‘‘(vi) any amount described in sub-
14 section (k)(2)(C) which has been provided
15 to the taxpayer.
16 ‘‘(2) MOTOR VEHICLE.—The term ‘motor vehi-
17 cle’ means any vehicle which is manufactured pri-
18 marily for use on public streets, roads, and highways
19 (not including a vehicle operated exclusively on a rail
20 or rails) and which has at least 4 wheels.
21 ‘‘(3) QUALIFIED MANUFACTURER.—The term
22 ‘qualified manufacturer’ means any manufacturer
23 (within the meaning of the regulations prescribed by
24 the Administrator of the Environmental Protection
25 Agency for purposes of the administration of title II
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1 of the Clean Air Act (42 U.S.C. 7521 et seq.)) which
2 enters into a written agreement with the Secretary
3 under which such manufacturer agrees—
4 ‘‘(A) to ensure that each vehicle manufac-
5 tured by such manufacturer after the later of
6 the date on which such agreement takes effect
7 or December 31, 2021, and that meets the re-
8 quirements of subsection (d), subparagraphs
9 (D), (E), and (F) of paragraph (1), and para-
10 graph (6) of subsection (f) is labeled with a
11 unique vehicle identification number, and
12 ‘‘(B) to make periodic written reports to
13 the Secretary (at such times and in such man-
14 ner as the Secretary may provide) providing
15 such vehicle identification numbers and such
16 other information related to such vehicle as the
17 Secretary may require.
18 ‘‘(4) BATTERY CAPACITY.—The term ‘capacity’
19 means, with respect to any battery, the quantity of
20 electricity which the battery is capable of storing, ex-
21 pressed in kilowatt hours, as measured from a 100
22 percent state of charge to a 0 percent state of
23 charge.
24 ‘‘(f) SPECIAL RULES.—
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1 ‘‘(1) BASIS REDUCTION.—For purposes of this
2 subtitle, the basis of any property for which a credit
3 is allowable under subsection (a) shall be reduced by
4 the amount of such credit so allowed.
5 ‘‘(2) NO DOUBLE BENEFIT.—The amount of
6 any deduction or other credit allowable under this
7 chapter for a vehicle for which a credit is allowable
8 under subsection (a) shall be reduced by the amount
9 of credit allowed under such subsection for such ve-
10 hicle.
11 ‘‘(3) PROPERTY USED OUTSIDE UNITED STATES
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1 shall not be considered eligible for a credit under
2 this section unless such vehicle is in compliance
3 with—
4 ‘‘(A) the applicable provisions of the Clean
5 Air Act for the applicable make and model year
6 of the vehicle (or applicable air quality provi-
7 sions of State law in the case of a State which
8 has adopted such provision under a waiver
9 under section 209(b) of the Clean Air Act), and
10 ‘‘(B) the motor vehicle safety provisions of
11 sections 30101 through 30169 of title 49,
12 United States Code.
13 ‘‘(g) CREDIT ALLOWED FOR 2 AND 3-WHEELED
14 PLUG-IN ELECTRIC VEHICLES.—
15 ‘‘(1) IN GENERAL.—In the case of a qualified
16 2- or 3-wheeled plug-in electric vehicle—
17 ‘‘(A) there shall be allowed as a credit
18 against the tax imposed by this subtitle for the
19 taxable year an amount equal to the sum of the
20 applicable amount with respect to each such
21 qualified 2- or 3-wheeled plug-in electric vehicle
22 placed in service by the taxpayer during the
23 taxable year, and
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1 ‘‘(B) the amount of the credit allowed
2 under subparagraph (A) shall be treated as a
3 credit allowed under subsection (a).
4 ‘‘(2) APPLICABLE AMOUNT.—For purposes of
5 paragraph (1), the applicable amount is an amount
6 equal to the lesser of—
7 ‘‘(A) 30 percent of the cost of the qualified
8 2- or 3-wheeled plug-in electric vehicle, or
9 ‘‘(B) $7,500.
10 ‘‘(3) QUALIFIED 2- OR 3-WHEELED PLUG-IN
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1 ‘‘(D) is capable of achieving a speed of 45
2 miles per hour or greater.
3 ‘‘(h) VIN NUMBER REQUIREMENT.—No credit shall
4 be allowed under this section with respect to any vehicle
5 unless the taxpayer includes the vehicle identification
6 number of such vehicle on the return of tax for the taxable
7 year.
8 ‘‘(i) TREATMENT OF CERTAIN POSSESSIONS.—
9 ‘‘(1) PAYMENTS TO POSSESSIONS WITH MIRROR
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1 tax system had been in effect in such possession.
2 The preceding sentence shall not apply unless the re-
3 spective possession has a plan which has been ap-
4 proved by the Secretary under which such possession
5 will promptly distribute such payments to its resi-
6 dents.
7 ‘‘(3) MIRROR CODE TAX SYSTEM; TREATMENT
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1 in electric vehicle, that vehicles of that model are
2 powered by battery cells which are manufactured in
3 the United States as certified by the manufacturer
4 at such time and in such form and manner as the
5 Secretary may prescribe.
6 ‘‘(3) FINAL ASSEMBLY.—The term ‘final assem-
7 bly’ means the process by which a manufacturer pro-
8 duces a new qualified plug-in electric drive motor ve-
9 hicle at, or through the use of, a plant, factory, or
10 other place from which the vehicle is delivered to a
11 dealer or importer with all component parts nec-
12 essary for the mechanical operation of the vehicle in-
13 cluded with the vehicle, whether or not the compo-
14 nent parts are permanently installed in or on the ve-
15 hicle.
16 ‘‘(k) TERMINATION.—No credit shall be allowed
17 under this section with respect to any vehicle acquired
18 after December 31, 2031.’’.
19 (b) TRANSFER OF CREDIT.—
20 (1) IN GENERAL.—Section 36C, as added by
21 subsection (a), is amended by redesignating sub-
22 section (k) as subsection (l) and by inserting after
23 subsection (j) following new subsection:
24 ‘‘(k) TRANSFER OF CREDIT.—
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1 ‘‘(1) IN GENERAL.—Subject to such regulations
2 or other guidance as the Secretary determines nec-
3 essary or appropriate, if the taxpayer who acquires
4 a new plug-in electric drive motor vehicle elects the
5 application of this subsection with respect to such
6 vehicle, the credit which would (but for this sub-
7 section) be allowed to such taxpayer with respect to
8 such vehicle shall be allowed to the eligible entity
9 specified in such election (and not to such taxpayer).
10 ‘‘(2) ELIGIBLE ENTITY.—For purposes of this
11 paragraph, the term ‘eligible entity’ means, with re-
12 spect to the vehicle for which the credit is allowed
13 under subsection (a), the dealer which sold such ve-
14 hicle to the taxpayer and has—
15 ‘‘(A) subject to paragraph (4), registered
16 with the Secretary for purposes of this para-
17 graph, at such time, and in such form and
18 manner, as the Secretary may prescribe,
19 ‘‘(B) prior to the election described in
20 paragraph (1) and not later than at the time of
21 such sale, disclosed to the taxpayer purchasing
22 such vehicle—
23 ‘‘(i) the manufacturer’s suggested re-
24 tail price,
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1 ‘‘(ii) the value of the credit allowed or
2 other incentive available for the purchase
3 of such vehicle,
4 ‘‘(iii) all fees associated with the pur-
5 chase of such vehicle, and
6 ‘‘(iv) the amount provided by the deal-
7 er to such taxpayer as a condition of the
8 election described in paragraph (1),
9 ‘‘(C) made payment to such taxpayer
10 (whether in cash or in the form of a partial
11 payment or down payment for the purchase of
12 such vehicle) in an amount equal to the credit
13 otherwise allowable to such taxpayer, and
14 ‘‘(D) with respect to any incentive other-
15 wise available for the purchase of a vehicle for
16 which a credit is allowed under this section, in-
17 cluding any incentive in the form of a rebate or
18 discount provided by the dealer or manufac-
19 turer, ensured that—
20 ‘‘(i) the availability or use of such in-
21 centive shall not limit the ability of a tax-
22 payer to make an election described in
23 paragraph (1), and
24 ‘‘(ii) such election shall not limit the
25 value or use of such incentive.
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1 ‘‘(3) TIMING.—An election described in para-
2 graph (1) shall be made by the taxpayer not later
3 than the date on which the vehicle for which the
4 credit is allowed under subsection (a) is purchased.
5 ‘‘(4) REVOCATION OF REGISTRATION.—Upon
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1 (and not with respect to such income for the
2 taxable year in which such vehicle was ac-
3 quired),
4 ‘‘(B) the requirements of paragraphs (1)
5 and (2) of subsection (f) shall apply to the tax-
6 payer who acquired the vehicle in the same
7 manner as if the credit determined under this
8 section with respect to such vehicle were al-
9 lowed to such taxpayer,
10 ‘‘(C) subsection (f)(5) shall not apply, and
11 ‘‘(D) the requirement of subsection (h)
12 shall be treated as satisfied if the eligible entity
13 provides the vehicle identification number of
14 such vehicle to the Secretary in such manner as
15 the Secretary may provide.
16 ‘‘(7) ADVANCE PAYMENT TO REGISTERED
17 DEALERS.—
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1 ‘‘(B) EXCESSIVE PAYMENTS.—Rules simi-
2 lar to the rules of section 6417(c)(8) shall apply
3 for purposes of this paragraph.
4 ‘‘(8) DEALER.—For purposes of this sub-
5 section, the term ‘dealer’ means a person licensed by
6 a State, the District of Columbia, the Common-
7 wealth of Puerto Rico, any other territory or posses-
8 sion of the United States, or an Indian Tribe (as de-
9 fined in section 4 of the Indian Self-Determination
10 and Education Assistance Act (25 U.S.C. 5304)) to
11 engage in the sale of vehicles.’’.
12 (2) CONFORMING AMENDMENT.—Section
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1 (2) Section 6211(b)(4)(A) is amended by insert-
2 ing ‘‘36C,’’ after ‘‘36B,’’.
3 (3) Section 6213(g)(2), as amended by the pre-
4 ceding provisions of this Act, is amended—
5 (A) in subparagraph (R), by striking
6 ‘‘and’’ at the end,
7 (B) in subparagraph (S), by striking the
8 period at the end and inserting ‘‘, and’’, and
9 (C) by adding at the end the following:
10 ‘‘(T) an omission of a correct vehicle iden-
11 tification number required under section 36C(f)
12 (relating to credit for new qualified plug-in elec-
13 tric drive motor vehicles) to be included on a re-
14 turn.’’.
15 (4) Section 6501(m) is amended by striking
16 ‘‘30D(e)(4)’’ and inserting ‘‘36C(f)(5)’’.
17 (5) Section 166(b)(5)(A)(ii) of title 23, United
18 States Code, is amended by striking ‘‘section
19 30D(d)(1)’’ and inserting ‘‘section 36C(e)(1)’’.
20 (6) Section 1324(b)(2) of title 31, United
21 States Code, is amended by inserting ‘‘36C,’’ after
22 ‘‘36B,’’.
23 (7) The table of sections for subpart C of part
24 IV of subchapter A of chapter 1 is amended by in-
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1 serting after the item relating to section 36B the fol-
2 lowing new item:
‘‘Sec. 36C. New qualified plug-in electric drive motor vehicles.’’.
1261
1 ‘‘(b) SUPPLEMENTAL CREDIT AMOUNT.—For pur-
2 poses of subsection (a), the term ‘supplemental credit
3 amount’ means—
4 ‘‘(1) $2,000, if—
5 ‘‘(A) in the case of a vehicle placed in serv-
6 ice before January 1, 2027, such vehicle draws
7 propulsion energy from a battery with not less
8 than 40 kilowatt hours of capacity and has a
9 gasoline tank capacity not greater than 2.5 gal-
10 lons, and
11 ‘‘(B) in the case of a vehicle placed in serv-
12 ice after December 31, 2026, such vehicle
13 draws propulsion energy from a battery with
14 not less than 50 kilowatt hours of capacity and
15 has a gasoline tank capacity not greater than
16 2.5 gallons, and
17 ‘‘(2) $0 in any other case.
18 ‘‘(c) LIMITATIONS.—
19 ‘‘(1) SALE PRICE.—The credit allowed under
20 subsection (a) with respect to sale of a vehicle shall
21 not exceed 50 percent of the sale price.
22 ‘‘(2) LIMITATION BASED ON MODIFIED AD-
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1 by $200 for each $1,000 (or fraction thereof) by
2 which the lesser of—
3 ‘‘(A) the taxpayer’s modified adjusted
4 gross income for such taxable year, or
5 ‘‘(B) the taxpayer’s modified adjusted
6 gross income for the preceding taxable year, ex-
7 ceeds—
8 ‘‘(i) $150,000 in the case of a joint
9 return or a surviving spouse (as defined in
10 section 2(a)),
11 ‘‘(ii) $112,500 in the case of a head
12 of household (as defined in section 2(b)),
13 and
14 ‘‘(iii) $75,000 in the case of a tax-
15 payer not described in paragraph (1) or
16 (2).
17 ‘‘(d) DEFINITIONS.—For purposes of this section—
18 ‘‘(1) PREVIOUSLY-OWNED QUALIFIED PLUG-IN
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1 ‘‘(B) the original use of which commences
2 with a person other than the taxpayer,
3 ‘‘(C) which is acquired by the taxpayer in
4 a qualified sale, and
5 ‘‘(D) which meets the requirements of sub-
6 paragraphs (C), (D), (E), (F), (G), (H), and (I)
7 of section 36C(e)(1) (determined by applying
8 ‘previously-owned qualified plug-in electric drive
9 motor vehicle’ for ‘new qualified plug-in electric
10 drive motor vehicle’), or which is a new quali-
11 fied fuel cell motor vehicle (as defined in sub-
12 paragraphs (A) and (B) of section 30B(b)(3))
13 which has a gross vehicle weight rating of less
14 than 14,000 pounds.
15 ‘‘(2) QUALIFIED SALE.—The term ‘qualified
16 sale’ means a sale of a motor vehicle—
17 ‘‘(A) by a seller who holds such vehicle in
18 inventory (within the meaning of section 471)
19 for sale or lease,
20 ‘‘(B) for a sale price not to exceed
21 $25,000, and
22 ‘‘(C) which is the first transfer since the
23 date of the enactment of this section to a per-
24 son other than the person with whom the origi-
25 nal use of such vehicle commenced.
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1 ‘‘(3) QUALIFIED BUYER.—The term ‘qualified
2 buyer’ means, with respect to a sale of a motor vehi-
3 cle, a taxpayer—
4 ‘‘(A) who is an individual,
5 ‘‘(B) who purchases such vehicle for use
6 and not for resale,
7 ‘‘(C) with respect to whom no deduction is
8 allowable with respect to another taxpayer
9 under section 151,
10 ‘‘(D) who has not been allowed a credit
11 under this section for any sale during the 3-
12 year period ending on the date of the sale of
13 such vehicle, and
14 ‘‘(E) who possesses a certificate issued by
15 the seller that certifies—
16 ‘‘(i) that the vehicle is a previously-
17 owned qualified plug-in electric drive motor
18 vehicle,
19 ‘‘(ii) the vehicle identification number
20 of such vehicle,
21 ‘‘(iii) the capacity of the battery at
22 time of sale, and
23 ‘‘(iv) such other information as the
24 Secretary may require.
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1 ‘‘(4) MOTOR VEHICLE; CAPACITY.—The terms
2 ‘motor vehicle’ and ‘capacity’ have the meaning
3 given such terms in paragraphs (2) and (4) of sec-
4 tion 36C(e), respectively.
5 ‘‘(e) VIN NUMBER REQUIREMENT.—No credit shall
6 be allowed under subsection (a) with respect to any vehicle
7 unless the taxpayer includes the vehicle identification
8 number of such vehicle on the return of tax for the taxable
9 year.
10 ‘‘(f) APPLICATION OF CERTAIN RULES.—For pur-
11 poses of this section, rules similar to the rules of para-
12 graphs (1), (2), (4), (5), and (6) of section 36C(f) shall
13 apply for purposes of this section.
14 ‘‘(g) CERTIFICATE SUBMISSION REQUIREMENT.—
15 The Secretary may require that the issuer of the certifi-
16 cate described in subsection (c)(3)(E) submit such certifi-
17 cate to the Secretary at the time and in the manner re-
18 quired by the Secretary.
19 ‘‘(h) TREATMENT OF CERTAIN POSSESSIONS.—
20 ‘‘(1) PAYMENTS TO POSSESSIONS WITH MIRROR
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1 be determined by the Secretary based on information
2 provided by the government of the respective posses-
3 sion.
4 ‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The
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1 (b) CONFORMING AMENDMENTS.—
2 (1) Section 6211(b)(4)(A), as amended by the
3 preceding provisions of this Act, is amended by in-
4 serting ‘‘36D,’’ after ‘‘36C,’’.
5 (2) Section 6213(g)(2), as amended by the pre-
6 ceding provisions of this Act, is amended—
7 (A) in subparagraph (S), by striking
8 ‘‘and’’ at the end,
9 (B) in subparagraph (T), by striking the
10 period at the end and inserting ‘‘, and’’, and
11 (C) by adding at the end the following:
12 ‘‘(U) an omission of a correct vehicle iden-
13 tification number required under section
14 36D(d) (relating to credit for previously-owned
15 qualified plug-in electric drive motor vehicles) to
16 be included on a return.’’.
17 (3) Paragraph (2) of section 1324(b) of title
18 31, United States Code, as amended by the pre-
19 ceding provisions of this Act, is amended by insert-
20 ing ‘‘36D,’’ after ‘‘36C,’’.
21 (c) CLERICAL AMENDMENT.—The table of sections
22 for subpart C of part IV of subchapter A of chapter 1,
23 as amended by the preceding provisions of this Act, is
24 amended by inserting after the item relating to section
25 36C the following new item:
‘‘Sec. 36D. Previously-owned qualified plug-in electric drive motor vehicles.’’.
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1 (d) EFFECTIVE DATE.—The amendments made by
2 this section shall apply to vehicles acquired after Decem-
3 ber 31, 2021.
4 SEC. 136403. QUALIFIED COMMERCIAL ELECTRIC VEHI-
5 CLES.
10 TRIC VEHICLES.
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1 ‘‘(B) the incremental cost of such vehicle.
2 ‘‘(2) INCREMENTAL COST.—For purposes of
3 paragraph (1)(B), the incremental cost of any quali-
4 fied commercial electric vehicle is an amount equal
5 to the excess of the purchase price for such vehicle
6 over such price of a comparable vehicle.
7 ‘‘(3) COMPARABLE VEHICLE.—For purposes of
8 this paragraph, the term ‘comparable vehicle’ means,
9 with respect to any qualified commercial electric ve-
10 hicle, any vehicle which is powered solely by a gaso-
11 line or diesel internal combustion engine and which
12 is comparable in size and use to such vehicle.
13 ‘‘(4) VEHICLES FOR LEASE TO INDIVIDUALS.—
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1 ‘‘(ii) has been acquired and placed in
2 service by an individual.
3 ‘‘(B) ELECTION REQUIREMENTS.—
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1 ‘‘(A) meets the requirements of subpara-
2 graph (D) of section 36C(e)(1) and is manufac-
3 tured primarily for use on public streets, roads,
4 and highways (not including a vehicle operated
5 exclusively on a rail or rails), or
6 ‘‘(B) is mobile machinery, as defined in
7 section 4053(8) (including vehicles that are not
8 designed to perform a function of transporting
9 a load over the public highways),
10 ‘‘(3) either—
11 ‘‘(A) is propelled to a significant extent by
12 an electric motor which draws electricity from a
13 battery which has a capacity of not less than 15
14 kilowatt hours and is capable of being re-
15 charged from an external source of electricity,
16 or
17 ‘‘(B) is a new qualified fuel cell motor ve-
18 hicle described in subparagraphs (A) and (B) of
19 section 30B(b)(3), and
20 ‘‘(4) is of a character subject to the allowance
21 for depreciation.
22 ‘‘(d) SPECIAL RULES.—
23 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
24 rules similar to the rules under subsection (f) of sec-
25 tion 36C shall apply for purposes of this section.
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1 ‘‘(2) RECAPTURE.—The Secretary shall, by reg-
2 ulations or other guidance, provide for recapturing
3 the benefit of any credit allowed under subsection
4 (a) with respect to any property which ceases to be
5 property eligible for such credit, including regula-
6 tions or other guidance which, in the case of any
7 commercial electric vehicle for which an election was
8 made under subsection (b)(4)—
9 ‘‘(A) recaptures the credit allowed under
10 subsection (a) if—
11 ‘‘(i) such vehicle was not leased to an
12 individual, or
13 ‘‘(ii) the taxpayer failed to comply
14 with the requirements described in sub-
15 section (b)(4)(B)(ii), and
16 ‘‘(B) in the case of a commercial electric
17 vehicle which is leased by an individual whose
18 modified adjusted gross income exceeds the
19 threshold amount under section 36C(c)(2), re-
20 captures so much of the credit allowed under
21 subsection (a) as exceeds the amount of the
22 credit which would have otherwise been allow-
23 able under such subsection if, for purposes of
24 subsection (b)(4)(A), the amount of the credit
25 that would otherwise be allowed under section
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1 36C(a) with respect to such vehicle had been
2 determined as if such vehicle was acquired and
3 placed in service by such individual and subject
4 to reduction under section 36C(c).
5 ‘‘(3) VEHICLES PLACED IN SERVICE BY TAX-
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1 hicles determined under section 45Y by reason of
2 subsection (d)(2) thereof.’’.
3 (c) CONFORMING AMENDMENTS.—
4 (1) Section 38(b) is amended by striking para-
5 graph (30) and inserting the following:
6 ‘‘(30) the qualified commercial electric vehicle
7 credit determined under section 45Y,’’.
8 (2) Section 6213(g)(2), as amended by the pre-
9 ceding provisions of this Act, is amended—
10 (A) in subparagraph (T), by striking
11 ‘‘and’’ at the end,
12 (B) in subparagraph (U), by striking the
13 period at the end and inserting ‘‘, and’’, and
14 (C) by adding at the end the following:
15 ‘‘(V) an omission of a correct vehicle iden-
16 tification number required under section 45Y(e)
17 (relating to commercial electric vehicle credit)
18 to be included on a return.’’.
19 (3) The table of sections for subpart D of part
20 IV of subchapter A of chapter 1 is amended by add-
21 ing at the end the following new item:
‘‘Sec. 45Y. Qualified commercial electric vehicle credit.’’.
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1 SEC. 136404. QUALIFIED FUEL CELL MOTOR VEHICLES.
23 CREDIT.
1276
1 (b) ADDITIONAL CREDIT FOR CERTAIN ELECTRIC
2 CHARGING PROPERTY.—
3 (1) IN GENERAL.—Section 30C(a) is amend-
4 ed—
5 (A) by striking ‘‘equal to 30 percent’’ and
6 inserting the following: ‘‘equal to the sum of—
7 ‘‘(1) 30 percent (6 percent in the case of prop-
8 erty described in subsection (b)(2))’’,
9 (B) by striking the period at the end and
10 inserting ‘‘, plus’’, and
11 (C) by adding at the end the following new
12 paragraph:
13 ‘‘(2) 4 percent of so much of such cost as ex-
14 ceeds the limitation under subsection (b)(1) that
15 does not exceed the amount of cost attributable to
16 qualified alternative vehicle refueling property (de-
17 termined without regard to subsection (c)(1) and as
18 if only electricity, and fuel at least 85 percent of the
19 volume of which consists of hydrogen, were treated
20 as clean-burning fuels for purposes of section
21 179A(d)) which—
22 ‘‘(A) is intended for general public use
23 with no associated fee or payment arrangement,
24 ‘‘(B) is intended for general public use and
25 accepts payment via a credit card reader, in-
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1 cluding a credit card reader that uses
2 contactless technology, or
3 ‘‘(C) is intended for use exclusively by
4 commercial or governmental vehicles.’’.
5 (2) CONFORMING AMENDMENT.—Section
6 30C(b) is amended—
7 (A) by striking ‘‘The credit allowed under
8 subsection (a)’’ and inserting ‘‘The amount of
9 cost taken into account under subsection
10 (a)(1)’’,
11 (B) by striking ‘‘$30,000’’ and inserting
12 ‘‘$100,000’’, and
13 (C) by striking ‘‘$1,000’’ and inserting
14 ‘‘$3,333.33’’.
15 (3) BIDIRECTIONAL CHARGING EQUIPMENT IN-
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1 ‘‘(2) BIDIRECTIONAL CHARGING EQUIPMENT.—
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1 ‘‘(A) meets the requirements of subsection
2 (a)(2), and
3 ‘‘(B) is of a character subject to deprecia-
4 tion.
5 ‘‘(2) MOTOR VEHICLE.—A motor vehicle is de-
6 scribed in this paragraph if the motor vehicle—
7 ‘‘(A) is manufactured primarily for use on
8 public streets, roads, or highways (not including
9 a vehicle operated exclusively on a rail or rails),
10 and
11 ‘‘(B) has at least 2, but not more than 3,
12 wheels.’’.
13 (d) WAGE AND APPRENTICESHIP REQUIREMENTS.—
14 Section 30C, as amended by this section, is further
15 amended by redesignating subsections (g) and (h) as sub-
16 sections (h) and (i) and by inserting after subsection (f)
17 the following new subsection:
18 ‘‘(g) WAGE AND APPRENTICESHIP REQUIRE-
19 MENTS.—
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1 such amount multiplied by 5 (determined with-
2 out regard to this sentence).
3 ‘‘(B) QUALIFIED ALTERNATIVE FUEL VE-
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1 tractors and subcontractors in the construction
2 of such property shall be paid wages at rates
3 not less than the prevailing rates for construc-
4 tion, alteration, or repair of a similar character
5 in the locality as most recently determined by
6 the Secretary of Labor, in accordance with sub-
7 chapter IV of chapter 31 of title 40, United
8 States Code.
9 ‘‘(B) CORRECTION AND PENALTY RELATED
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1 SEC. 136406. REINSTATEMENT AND EXPANSION OF EM-
3 BICYCLE COMMUTING.
11 COMMUTING BENEFITS.—
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1 ‘‘(II) the direct or indirect provi-
2 sion by the employer to the employee
3 during such calendar year of the use
4 (including a bikeshare), improvement,
5 repair, or storage of qualified com-
6 muting property,
7 if the employee regularly uses such quali-
8 fied commuting property for travel between
9 the employee’s residence, place of employ-
10 ment, a qualified parking facility, or a
11 mass transit facility that connects the em-
12 ployee to their residence or place of em-
13 ployment.
14 ‘‘(ii) QUALIFIED COMMUTING PROP-
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1 ‘‘(IV) any 2- or 3-wheel scooter
2 propelled by an electric motor if such
3 motor does not provide assistance if
4 the speed of such scooter exceeds 20
5 miler per hour (or if the speed of such
6 scooter is not capable of exceeding 20
7 miles per hour) and the weight of
8 such scooter does not exceed 100
9 pounds.
10 ‘‘(iii) BIKESHARE.—The term
11 ‘bikeshare’ means a rental operation at
12 which qualified commuting property is
13 made available to customers to pick up and
14 drop off for point-to-point use within a de-
15 fined geographic area.’’.
16 (c) LIMITATION ON EXCLUSION.—Section
17 132(f)(2)(C) is amended to read as follows:
18 ‘‘(C) 30 percent of the dollar amount in ef-
19 fect under subparagraph (B) per month in the
20 case of any qualified bicycle commuting ben-
21 efit.’’.
22 (d) NO CONSTRUCTIVE RECEIPT.—Section 132(f)(4)
23 is amended by striking ‘‘(other than a qualified bicycle
24 commuting reimbursement)’’.
25 (e) CONFORMING AMENDMENTS.—
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1 (1) Section 132(f)(1)(D) is amended by striking
2 ‘‘reimbursement’’ and inserting ‘‘benefit’’.
3 (2) Section 274(l) is amended by striking para-
4 graph (2).
5 (f) EFFECTIVE DATE.—The amendments made by
6 this section shall apply to taxable years beginning after
7 December 31, 2021.
8 SEC. 136407. CREDIT FOR CERTAIN NEW ELECTRIC BICY-
9 CLES.
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1 ‘‘(2) BICYCLE LIMITATION WITH RESPECT TO
2 CREDIT.—
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1 ‘‘(ii) $112,500 in the case of a head
2 of household (as defined in section 2(b)),
3 and
4 ‘‘(iii) $75,000 in the case of a tax-
5 payer not described in clause (i) or (ii).
6 ‘‘(C) MODIFIED ADJUSTED GROSS IN-
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1 ‘‘(c) QUALIFIED ELECTRIC BICYCLE.—For purposes
2 of this section, the term ‘qualified electric bicycle’ means
3 a bicycle—
4 ‘‘(1) the original use of which commences with
5 the taxpayer,
6 ‘‘(2) which is acquired for use by the taxpayer
7 and not for resale,
8 ‘‘(3) which is made by a qualified manufacturer
9 and is labeled with the qualified vehicle identification
10 number assigned to such bicycle by such manufac-
11 turer,
12 ‘‘(4) with respect to which the aggregate
13 amount paid for such acquisition does not exceed
14 $8,000, and
15 ‘‘(5) which is equipped with—
16 ‘‘(A) fully operable pedals,
17 ‘‘(B) a saddle or seat for the rider, and
18 ‘‘(C) an electric motor of less than 750
19 watts which is designed to provided assistance
20 in propelling the bicycle and—
21 ‘‘(i) does not provide such assistance
22 if the bicycle is moving in excess of 20
23 miler per hour, or
24 ‘‘(ii) if such motor only provides such
25 assistance when the rider is pedaling, does
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1 not provide such assistance if the bicycle is
2 moving in excess of 28 miles per hour.
3 ‘‘(d) VIN NUMBER REQUIREMENT.—
4 ‘‘(1) IN GENERAL.—No credit shall be allowed
5 under subsection (a) with respect to any qualified
6 electric bicycle unless the taxpayer includes the
7 qualified vehicle identification number of such bicy-
8 cle on the return of tax for the taxable year.
9 ‘‘(2) QUALIFIED VEHICLE IDENTIFICATION
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1 phanumeric) is unique to such bicycle (by uti-
2 lizing numbers or letters which are unique to
3 such manufacturer or by such other method as
4 the Secretary may provide),
5 ‘‘(B) label such bicycle with such number
6 in such manner as the Secretary may provide,
7 and
8 ‘‘(C) make periodic written reports to the
9 Secretary (at such times and in such manner as
10 the Secretary may provide) of the vehicle identi-
11 fication numbers so assigned and including
12 such information as the Secretary may require
13 with respect to the qualified electric bicycle to
14 which such number was so assigned.
15 ‘‘(e) SPECIAL RULES.—
16 ‘‘(1) BASIS REDUCTION.—For purposes of this
17 subtitle, the basis of any property for which a credit
18 is allowable under subsection (a) shall be reduced by
19 the amount of such credit so allowed.
20 ‘‘(2) NO DOUBLE BENEFIT.—The amount of
21 any deduction or other credit allowable under this
22 chapter for a qualified electric bicycle for which a
23 credit is allowable under subsection (a) shall be re-
24 duced by the amount of credit allowed under such
25 subsection for such bicycle.
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1 ‘‘(3) PROPERTY USED OUTSIDE UNITED STATES
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1 ‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The
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1 taxpayer with respect to such qualified electric bicy-
2 cle shall be allowed to the eligible entity specified in
3 such election (and not to such taxpayer).
4 ‘‘(2) ELIGIBLE ENTITY.—For purposes of this
5 paragraph, the term ‘eligible entity’ means, with re-
6 spect to the qualified electric bicycle for which the
7 credit is allowed under subsection (a), the retailer
8 which sold such qualified electric bicycle to the tax-
9 payer and has—
10 ‘‘(A) subject to paragraph (4), registered
11 with the Secretary for purposes of this para-
12 graph, at such time, and in such form and
13 manner, as the Secretary may prescribe,
14 ‘‘(B) prior to the election described in
15 paragraph (1) and no later than at the time of
16 such sale, disclosed to the taxpayer purchasing
17 such qualified electric bicycle—
18 ‘‘(i) the retail price,
19 ‘‘(ii) the value of the credit allowed or
20 other incentive available for the purchase
21 of such qualified electric bicycle,
22 ‘‘(iii) all fees associated with the pur-
23 chase of such qualified electric bicycle, and
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1 ‘‘(iv) the amount provided by the re-
2 tailer to such taxpayer as a condition of
3 the election described in paragraph (1),
4 ‘‘(C) made payment to such taxpayer
5 (whether in cash or in the form of a partial
6 payment or down payment for the purchase of
7 such qualified electric bicycle) in an amount
8 equal to the credit otherwise allowable to such
9 taxpayer, and
10 ‘‘(D) with respect to any incentive other-
11 wise available for the purchase of a qualified
12 electric bicycle for which a credit is allowed
13 under this section, including any incentive in
14 the form of a rebate or discount provided by the
15 retailer or manufacturer, ensured that—
16 ‘‘(i) the availability or use of such in-
17 centive shall not limit the ability of a tax-
18 payer to make an election described in
19 paragraph (1), and
20 ‘‘(ii) such election shall not limit the
21 value or use of such incentive.
22 ‘‘(3) TIMING.—An election described in para-
23 graph (1) shall be made by the taxpayer not later
24 than the date on which the qualified electric bicycle
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1 for which the credit is allowed under subsection (a)
2 is purchased.
3 ‘‘(4) REVOCATION OF REGISTRATION.—Upon
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1 come for the taxable year in which such quali-
2 fied electric bicycle was acquired),
3 ‘‘(B) the requirements of paragraphs (1)
4 and (2) of subsection (e) shall apply to the tax-
5 payer who acquired the qualified electric bicycle
6 in the same manner as if the credit determined
7 under this section with respect to such qualified
8 electric bicycle were allowed to such taxpayer,
9 and
10 ‘‘(C) subsection (e)(5) shall not apply.
11 ‘‘(7) ADVANCE PAYMENT TO REGISTERED RE-
12 TAILERS.—
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1 in the trade or business of selling qualified electric
2 bicycles in a State, the District of Columbia, the
3 Commonwealth of Puerto Rico, any other territory
4 or possession of the United States, or an Indian
5 Tribe (as defined in section 4 of the Indian Self-De-
6 termination and Education Assistance Act (25
7 U.S.C. 5304)).
8 ‘‘(h) TERMINATION.—This section shall not apply to
9 bicycles placed in service after December 31, 2026.’’.
10 (b) CONFORMING AMENDMENTS.—
11 (1) Section 1016(a) is amended by striking
12 ‘‘and’’ at the end of paragraph (38), by striking the
13 period at the end of paragraph (39) and inserting ‘‘,
14 and’’, and by adding at the end the following new
15 paragraph:
16 ‘‘(40) to the extent provided in section
17 36E(f)(1).’’.
18 (2) Section 6211(b)(4)(A) of such Code is
19 amended by inserting ‘‘36E by reason of subsection
20 (c)(2) thereof,’’ before ‘‘32,’’.
21 (3) Section 6213(g)(2), as amended by the pre-
22 ceding provisions of this Act, is amended—
23 (A) in subparagraph (U), by striking
24 ‘‘and’’ at the end,
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1 (B) in subparagraph (V), by striking the
2 period at the end and inserting ‘‘, and’’, and
3 (C) by adding at the end the following:
4 ‘‘(W) an omission of a correct vehicle iden-
5 tification number required under section 36E(d)
6 (relating to electric bicycles credit) to be in-
7 cluded on a return.’’.
8 (4) Section 6501(m) is amended by inserting
9 ‘‘36E(f)(4),’’ after ‘‘35(g)(11),’’.
10 (5) Section 1324(b)(2) of title 31, United
11 States Code, is amended by inserting ‘‘36E,’’ after
12 ‘‘36D,’’.
13 (c) CLERICAL AMENDMENT.—The table of sections
14 for subpart B of part IV of subchapter A of chapter 1
15 is amended by adding at the end the following new item:
‘‘Sec. 36E. Electric bicycles.’’.
23 PROJECT CREDIT.
1299
1 by inserting after subsection (d) the following new sub-
2 section:
3 ‘‘(e) ADDITIONAL ALLOCATIONS.—
4 ‘‘(1) IN GENERAL.—Not later than 270 days
5 after the date of enactment of this subsection, the
6 Secretary shall establish a program to consider and
7 award certifications for qualified investments eligible
8 for credits under this section to qualifying advanced
9 energy project sponsors.
10 ‘‘(2) ANNUAL LIMITATION.—
24 MOTIVE COMMUNITIES.—
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1 ‘‘(I) IN GENERAL.—For purposes
2 of clause (i), $800,000,000 of the an-
3 nual credit limitation for each of cal-
4 endar years 2022 through 2023 and
5 $300,000,000 for each of calendar
6 years 2024 through 2031 shall be al-
7 located to qualified investments lo-
8 cated within automotive communities.
9 ‘‘(II) AUTOMOTIVE COMMU-
20 ERGY COMMUNITIES.—
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1 years 2024 through 2031 shall be al-
2 located to qualified investments lo-
3 cated within energy communities.
4 ‘‘(II) ENERGY COMMUNITITES.—
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1 containing such information as the Secretary
2 may require.
3 ‘‘(B) TIME TO MEET CRITERIA FOR CER-
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1 ‘‘(4) SELECTION CRITERIA.—Selection criteria
2 similar to those in subsection (d)(3) shall apply, ex-
3 cept that in determining designations under this
4 subsection, the Secretary shall—
5 ‘‘(A) in addition to the factors described in
6 subsection (d)(3)(B), take into consideration
7 which projects—
8 ‘‘(i) will provide the greatest net im-
9 pact in avoiding or reducing anthropogenic
10 emissions of greenhouse gases, as deter-
11 mined by the Secretary,
12 ‘‘(ii) will provide the greatest domestic
13 job creation (both direct and indirect) dur-
14 ing the credit period,
15 ‘‘(iii) will provide the greatest job cre-
16 ation within the vicinity of the project, par-
17 ticularly with respect to—
18 ‘‘(I) low-income communities (as
19 described in section 45D(e)), and
20 ‘‘(II) dislocated workers who
21 were previously employed in manufac-
22 turing, coal power plants, or coal min-
23 ing, and
24 ‘‘(iv) will provide the greatest job cre-
25 ation in areas with a population that is at
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1 risk of experiencing higher or more adverse
2 human health or environmental effects and
3 a significant portion of such population is
4 comprised of communities of color, low-in-
5 come communities, Tribal and Indigenous
6 communities, or individuals formerly em-
7 ployed in the fossil fuel industry, and
8 ‘‘(B) give the highest priority to projects
9 which—
10 ‘‘(i) manufacture (other than pri-
11 marily assembly of components) property
12 described in a subclause of subsection
13 (c)(1)(A)(i) (or components thereof), and
14 ‘‘(ii) have the greatest potential for
15 commercial deployment of new applica-
16 tions.
17 ‘‘(5) DISCLOSURE OF ALLOCATIONS.—The Sec-
18 retary shall, upon allocating a credit under this sub-
19 section, publicly disclose the identity of the appli-
20 cant, the amount of the credit with respect to such
21 applicant, and the project location for which such
22 credit was allocated.
23 ‘‘(6) CREDIT CONDITIONED UPON WAGE AND
24 APPRENTICESHIP REQUIREMENTS.—
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1 ‘‘(A) BASE RATE.—For purposes of alloca-
2 tions under this subsection, the amount of the
3 credit determined under subsection (a) shall be
4 determined by substituting ‘6 percent’ for ‘30
5 percent’.
6 ‘‘(B) ALTERNATIVE RATE.—In the case of
7 any project which satisfies the requirements of
8 paragraphs (7) and (8), the amount of the cred-
9 it determined under subsection (a) shall be
10 equal to such amount multiplied by 5.
11 ‘‘(7) PREVAILING WAGE REQUIREMENTS.—
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1 ‘‘(B) CORRECTION AND PENALTY RELATED
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1 electric motor vehicles’’ and inserting ‘‘energy stor-
2 age systems and components’’.
3 (3) MODIFICATION OF QUALIFYING ELECTRIC
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1 serting after subclause (VI) the following new sub-
2 clause:
3 ‘‘(VII) property designed to be
4 used to produce qualified clean hydro-
5 gen (as defined in section 45X), or’’.
6 (7) RECYCLING OF ADVANCED ENERGY PROP-
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1 percent, as determined by the Secretary,
2 and’’.
3 (e) EFFECTIVE DATE.—The amendments made by
4 this section shall take effect on January 1, 2022.
5 SEC. 136502. LABOR COSTS OF INSTALLING MECHANICAL
6 INSULATION PROPERTY.
12 SULATION PROPERTY.
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1 1 year before the date on which such mechanical in-
2 sulation property is installed.
3 ‘‘(2) MECHANICAL INSULATION PROPERTY.—
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1 ‘‘(1) IN GENERAL.—In the case of any project
2 which meets the prevailing wage and apprenticeship
3 requirements of this subsection, the amount of credit
4 determined under subsection (a) shall be multiplied
5 by 5.
6 ‘‘(2) WAGE REQUIREMENTS.—Rules similar to
7 the rules of section 45(b)(8) shall apply.
8 ‘‘(3) APPRENTICESHIP REQUIREMENTS.—Rules
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1 ‘‘(1) IN GENERAL.—No deduction shall be al-
2 lowed for that portion of the mechanical insulation
3 labor costs (as defined in section 45Z(b)) otherwise
4 allowable as deduction for the taxable year which is
5 equal to the amount of the credit determined for
6 such taxable year under section 45Z(a).
7 ‘‘(2) SIMILAR RULE WHERE TAXPAYER CAP-
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1 December 31, 2021, in taxable years ending after such
2 date.
3 SEC. 136503. ADVANCED MANUFACTURING INVESTMENT
4 CREDIT.
9 CREDIT.
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1 ‘‘(i) subject to subparagraph (B) of
2 subsection (c)(2), satisfies the require-
3 ments under subparagraph (A) of such
4 subsection, and
5 ‘‘(ii) with respect to the construction
6 of such facility, satisfies the apprenticeship
7 requirements under subsection (c)(3),
8 the applicable percentage shall be 25 percent.
9 ‘‘(b) QUALIFIED INVESTMENT.—
10 ‘‘(1) IN GENERAL.—For purposes of subsection
11 (a)(1), the qualified investment with respect to any
12 advanced manufacturing facility for any taxable year
13 is the basis of any qualified property placed in serv-
14 ice by the taxpayer during such taxable year which
15 is part of an advanced manufacturing facility.
16 ‘‘(2) QUALIFIED PROPERTY.—
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1 ‘‘(I) constructed, reconstructed,
2 or erected by the taxpayer, or
3 ‘‘(II) acquired by the taxpayer if
4 the original use of such property com-
5 mences with the taxpayer, and
6 ‘‘(iv) which is integral to the operation
7 of the advanced manufacturing facility.
8 ‘‘(B) BUILDINGS AND STRUCTURAL COM-
9 PONENTS.—
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1 ‘‘(4) COORDINATION WITH REHABILITATION
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1 originally placed in service, the alteration
2 or repair of such facility,
3 shall be paid wages at rates not less than the
4 prevailing rates for construction, alteration, or
5 repair of a similar character in the locality as
6 most recently determined by the Secretary of
7 Labor, in accordance with subchapter IV of
8 chapter 31 of title 40, United States Code.
9 ‘‘(B) CORRECTION AND PENALTY RELATED
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1 mined under rules similar to the rules of section
2 50(a).
3 ‘‘(3) APPRENTICESHIP REQUIREMENTS.—Rules
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1 (C) by adding at the end the following new
2 paragraph:
3 ‘‘(8) the advanced manufacturing investment
4 credit.’’.
5 (2) Section 49(a)(1)(C) is amended—
6 (A) by striking ‘‘and’’ at the end of clause
7 (vi),
8 (B) by striking the period at the end of
9 clause (vii) and inserting ‘‘, and’’, and
10 (C) by adding at the end the following new
11 clause:
12 ‘‘(viii) the basis of any qualified prop-
13 erty (as defined in section 48E(b)(2))
14 which is part of an advanced manufac-
15 turing facility.’’.
16 (3) Section 50(a)(2)(E) is amended by striking
17 ‘‘or 48D(e)’’ and inserting ‘‘48D(e), or 48E(c)(1)’’.
18 (4) The table of sections for subpart E of part
19 IV of subchapter A of chapter 1 is amended by in-
20 serting after the item relating to section 48D the
21 following new item:
‘‘48E. Advanced manufacturing investment credit.’’.
1320
1 tent of the basis thereof attributable to the construction,
2 reconstruction, or erection after December 31, 2021.
3 SEC. 136504. ADVANCED MANUFACTURING PRODUCTION
4 CREDIT.
9 CREDIT.
10 ‘‘(a) IN GENERAL.—
11 ‘‘(1) ALLOWANCE OF CREDIT.—For purposes of
12 section 38, the advanced manufacturing production
13 credit for any taxable year is an amount equal to the
14 sum of the credit amounts determined under sub-
15 section (b) with respect to each eligible component
16 which is—
17 ‘‘(A) produced by such taxpayer, and
18 ‘‘(B) during the taxable year, sold by the
19 taxpayer to an unrelated person for the use of
20 such person in their trade or business.
21 ‘‘(2) PRODUCTION AND SALE MUST BE IN
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1 paragraph (1) is in a trade or business of the tax-
2 payer.
3 ‘‘(b) CREDIT AMOUNT.—
4 ‘‘(1) IN GENERAL.—Subject to paragraph (3),
5 the amount determined under this subsection with
6 respect to any eligible component, including any eli-
7 gible component it incorporates, shall be equal to—
8 ‘‘(A) in the case of a thin film photovoltaic
9 cell, an amount equal to the product of—
10 ‘‘(i) 5 cents, multiplied by
11 ‘‘(ii) the capacity of such cell (ex-
12 pressed on a per direct current watt basis)
13 ‘‘(B) in the case of a crystalline photo-
14 voltaic cell, an amount equal to the product
15 of—
16 ‘‘(i) 4 cents, multiplied by
17 ‘‘(ii) the capacity of such cell (ex-
18 pressed on a per direct current watt basis),
19 ‘‘(C) in the case of a photovoltaic wafer,
20 $12 per square meter,
21 ‘‘(D) in the case of solar grade polysilicon,
22 $3 per kilogram,
23 ‘‘(E) in the case of a solar module, an
24 amount equal to the product of—
25 ‘‘(i) 7 cents, multiplied by
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1 ‘‘(ii) the capacity of such module (ex-
2 pressed on a per direct current watt basis),
3 and
4 ‘‘(F) in the case of a wind energy compo-
5 nent, an amount equal to the product of—
6 ‘‘(i) the applicable amount with re-
7 spect to such component, multiplied by
8 ‘‘(ii) the total rated capacity (ex-
9 pressed on a per watt basis) of the com-
10 pleted wind turbine for which such compo-
11 nent is designed.
12 ‘‘(2) APPLICABLE AMOUNT.—For purposes of
13 paragraph (1)(F), the applicable amount with re-
14 spect to any wind energy component shall be—
15 ‘‘(A) in the case of a blade, 2 cents,
16 ‘‘(B) in the case of a nacelle, 5 cents,
17 ‘‘(C) in the case of a tower, 3 cents, and
18 ‘‘(D) in the case of an offshore wind foun-
19 dation—
20 ‘‘(i) which uses a fixed platform, 2
21 cents, or
22 ‘‘(ii) which uses a floating platform, 4
23 cents.
24 ‘‘(3) PHASE OUT.—
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1 ‘‘(A) IN GENERAL.—In the case of any eli-
2 gible component sold after December 31, 2026,
3 the amount determined under this subsection
4 with respect to such component shall be equal
5 to the product of—
6 ‘‘(i) the amount determined under
7 paragraph (1) with respect to such compo-
8 nent, as determined without regard to this
9 paragraph, multiplied by
10 ‘‘(ii) the phase out percentage under
11 subparagraph (B).
12 ‘‘(B) PHASE OUT PERCENTAGE.—The
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1 ‘‘(iv) in the case of an eligible compo-
2 nent sold after December 31, 2029, 0 per-
3 cent.
4 ‘‘(c) DEFINITIONS.—For purposes of this section—
5 ‘‘(1) ELIGIBLE COMPONENT.—
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1 ‘‘(i) PHOTOVOLTAIC CELL.—The term
2 ‘photovoltaic cell’ means the smallest semi-
3 conductor element of a solar module which
4 performs the immediate conversion of light
5 into electricity.
6 ‘‘(ii) PHOTOVOLTAIC WAFER.—The
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1 ‘‘(I) suitable for use in photo-
2 voltaic manufacturing, and
3 ‘‘(II) purified to a minimum pu-
4 rity of 99.999999 percent silicon by
5 mass.
6 ‘‘(iv) SOLAR MODULE.—The term
7 ‘solar module’ means the connection and
8 lamination of photovoltaic cells into an en-
9 vironmentally protected final assembly
10 which is—
11 ‘‘(I) suitable to generate elec-
12 tricity when exposed to sunlight, and
13 ‘‘(II) ready for installation with-
14 out an additional manufacturing proc-
15 ess.
16 ‘‘(3) WIND ENERGY COMPONENT.—
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1 for converting wind energy to low-speed ro-
2 tational energy.
3 ‘‘(ii) OFFSHORE WIND FOUNDA-
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1 would be treated as a single employer under the reg-
2 ulations prescribed under section 52(b). In the case
3 of a corporation which is a member of an affiliated
4 group of corporations filing a consolidated return,
5 such corporation shall be treated as selling compo-
6 nents to an unrelated person if such component is
7 sold to such a person by another member of such
8 group.
9 ‘‘(2) ONLY PRODUCTION IN THE UNITED
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1 nization (as defined in section 412(c)(4)), deter-
2 mined in a manner consistent with section
3 7701(a)(46), for purposes of determining the
4 amount of the credit under subsection (a) with re-
5 spect to eligible components produced by such facil-
6 ity, the applicable amount under subsection (b) of
7 such subsection shall be increased by an amount
8 equal to 10 percent of the amount otherwise in ef-
9 fect under such subsection.’’.
10 (b) ELECTIVE PAYMENT OF CREDIT.—Section
11 6417(b), as amended by the preceding provisions of this
12 Act, is amended by adding at the end the following new
13 paragraph:
14 ‘‘(11) The credit for advanced manufacturing
15 production under section 45AA.’’.
16 (c) CONFORMING AMENDMENTS.—
17 (1) Section 38(b) of the Internal Revenue Code
18 of 1986 is amended—
19 (A) in paragraph (37), by striking ‘‘plus’’
20 at the end,
21 (B) in paragraph (38), by striking the pe-
22 riod at the end and inserting ‘‘, plus’’, and
23 (C) by adding at the end the following new
24 paragraph:
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1 ‘‘(39) the advanced manufacturing production
2 credit determined under section 45AA(a).’’.
3 (2) The table of sections for subpart D of part
4 IV of subchapter A of chapter 1 is amended by add-
5 ing at the end the following new item:
‘‘Sec. 45AA. Advanced manufacturing production credit.’’.
11 GRAM CREDIT.
17 GRAMS.
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1 ‘‘(b) QUALIFIED ENVIRONMENTAL JUSTICE PRO-
2 GRAM.—For purposes of this section—
3 ‘‘(1) IN GENERAL.—The term ‘qualified envi-
4 ronmental justice program’ means a program con-
5 ducted by one or more eligible educational institu-
6 tions that is designed to address, or improve data
7 about, qualified environmental stressors for the pri-
8 mary purpose of improving, or facilitating the im-
9 provement of, health and economic outcomes of indi-
10 viduals residing in low-income areas or areas that
11 experience, or are at risk of experiencing, multiple
12 exposures to qualified environmental stressors.
13 ‘‘(2) QUALIFIED ENVIRONMENTAL STRESSOR.—
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1 ‘‘(C) such other adverse human health or
2 environmental effects as are identified by the
3 Secretary.
4 ‘‘(c) ELIGIBLE EDUCATIONAL INSTITUTION.—For
5 purposes of this section, the term ‘eligible educational in-
6 stitution’ means an institution of higher education (as
7 such term is defined in section 101 or 102(c) of the High-
8 er Education Act of 1965) that is eligible to participate
9 in a program under title IV of such Act.
10 ‘‘(d) APPLICABLE PERCENTAGE.—For purposes of
11 this section, the term ‘applicable percentage’ means—
12 ‘‘(1) in the case of a program involving material
13 participation of faculty and students of an institu-
14 tion described in section 371(a) of the Higher Edu-
15 cation Act of 1965, 30 percent, and
16 ‘‘(2) in all other cases, 20 percent.
17 ‘‘(e) CREDIT ALLOCATION.—
18 ‘‘(1) ALLOCATION.—
19 ‘‘(A) IN GENERAL.—The Secretary shall
20 allocate credit dollar amounts under this section
21 to eligible educational institutions, for qualified
22 environmental justice programs, that—
23 ‘‘(i) submit applications at such time
24 and in such manner as the Secretary may
25 provide, and
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1 ‘‘(ii) are selected by the Secretary
2 under subparagraph (B).
3 ‘‘(B) SELECTION CRITERIA.—The Sec-
4 retary shall select applications on the basis of
5 the following criteria:
6 ‘‘(i) The extent of participation of fac-
7 ulty and students of an institution de-
8 scribed in section 371(a) of the Higher
9 Education Act of 1965.
10 ‘‘(ii) The extent of the expected effect
11 on the health or economic outcomes of in-
12 dividuals residing in areas within the
13 United States that are low-income areas or
14 areas that experience, or are at risk of ex-
15 periencing, multiple exposures to qualified
16 environmental stressors.
17 ‘‘(iii) The creation or significant ex-
18 pansion of qualified environmental justice
19 programs.
20 ‘‘(2) LIMITATIONS.—
21 ‘‘(A) IN GENERAL.—The amount of the
22 credit determined under this section for any
23 taxable year to any eligible educational institu-
24 tion for any qualified environmental justice pro-
25 gram shall not exceed the excess of—
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1 ‘‘(i) the credit dollar amount allocated
2 to such institution for such program under
3 this subsection, over
4 ‘‘(ii) the credits previously claimed by
5 such institution for such program under
6 this section.
7 ‘‘(B) FIVE-YEAR LIMITATION.—No
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1 shall be increased by the amount of such excess.
2 No amount may be carried under the preceding
3 sentence to any calendar year after 2036.
4 ‘‘(f) REQUIREMENTS.—
5 ‘‘(1) IN GENERAL.—An eligible educational in-
6 stitution that has been allocated credit dollar
7 amounts under this section for a qualified environ-
8 mental justice project for a taxable year shall—
9 ‘‘(A) make publicly available the applica-
10 tion submitted to the Secretary under sub-
11 section (e) with respect to such project, and
12 ‘‘(B) submit an annual report to the Sec-
13 retary that describes the amounts paid or in-
14 curred for, and expected impact of, such
15 project.
16 ‘‘(2) FAILURE TO COMPLY.—In the case of an
17 eligible educations institution that has failed to com-
18 ply with the requirements of this subsection, the
19 credit dollar amount allocated to such institution
20 under this section is deemed to be $0.
21 ‘‘(g) PUBLIC DISCLOSURE.—The Secretary, upon
22 making an allocation of credit dollar amounts under this
23 section, shall publicly disclose—
24 ‘‘(1) the identity of the eligible educational in-
25 stitution receiving the allocation, and
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1 ‘‘(2) the amount of such allocation.’’.
2 (b) GROSS-UP OF PAYMENTS IN CASE OF SEQUES-
3 TRATION.—In the case of any payment made as a refund
4 due to an overpayment as a result of section 36G of the
5 Internal Revenue Code of 1986 made after the date of
6 the enactment of this Act to which sequestration applies,
7 the amount of such payment shall be increased to an
8 amount equal to—
9 (1) such payment (determined before such se-
10 questration), multiplied by
11 (2) the quotient obtained by dividing 1 by the
12 amount by which 1 exceeds the percentage reduction
13 in such payment pursuant to such sequestration.
14 For purposes of this subsection, the term ‘‘sequestration’’
15 means any reduction in direct spending ordered in accord-
16 ance with a sequestration report prepared by the Director
17 of the Office and Management and Budget pursuant to
18 the Balanced Budget and Emergency Deficit Control Act
19 of 1985 or the Statutory Pay-As-You-Go Act of 2010.
20 (c) CONFORMING AMENDMENTS.—
21 (1) Section 6211(b)(4)(A), as amended by the
22 preceding provisions of this Act, is amended by in-
23 serting ‘‘36G,’’ after ‘‘36F,’’.
24 (2) Paragraph (2) of section 1324(b) of title
25 31, United States Code, as amended by the pre-
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1 ceding provisions of this Act, is amended by insert-
2 ing ‘‘36G,’’ after ‘‘36F,’’.
3 (d) CLERICAL AMENDMENT.—The table of sections
4 for subpart C of part IV of subchapter A of chapter 1,
5 as amended by the preceding provisions of this Act, is
6 amended by inserting after the item relating to section
7 36F the following new item:
‘‘Sec. 36G. Qualified environmental justice programs.’’.
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1 ‘‘(A) IN GENERAL.—In the case of a year
2 beginning after 2022, the amount in paragraph
3 (2)(A) shall be increased by an amount equal
4 to—
5 ‘‘(i) such amount, multiplied by
6 ‘‘(ii) the cost-of-living adjustment de-
7 termined under section 1(f)(3) for the cal-
8 endar year, determined by substituting
9 ‘calendar year 2021’ for ‘calendar year
10 2016’ in subparagraph (A)(ii) thereof.
11 ‘‘(B) ROUNDING.—If any amount as ad-
12 justed under subparagraph (A) is not a multiple
13 of $0.01, such amount shall be rounded to the
14 next lowest multiple of $0.01.’’.
15 (b) AUTHORITY FOR ADVANCES.—Section
16 9507(d)(3)(B) is amended by striking ‘‘December 31,
17 1995’’ and inserting ‘‘December 31, 2031’’.
18 (c) EFFECTIVE DATE.—The amendments made by
19 this section shall take effect on July 1, 2022.
20 PART 8—INCENTIVES FOR CLEAN ELECTRICITY
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1 ‘‘SEC. 45BB. CLEAN ELECTRICITY PRODUCTION CREDIT.
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1 ‘‘(B) ALTERNATIVE AMOUNT.—Subject to
2 subsection (g)(7), in the case of any qualified
3 facility—
4 ‘‘(i) with a maximum net output of
5 less than 1 megawatt, or
6 ‘‘(ii) which—
7 ‘‘(I) satisfies the requirements
8 under paragraph (9) of subsection (g),
9 and
10 ‘‘(II) with respect to the con-
11 struction of such facility, satisfies the
12 requirements under paragraph (10) of
13 subsection (g),
14 the applicable amount shall be 1.5 cents.
15 ‘‘(b) QUALIFIED FACILITY.—
16 ‘‘(1) IN GENERAL.—
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1 ‘‘(iii) for which the greenhouse gas
2 emissions rate (as determined under para-
3 graph (2)) is not greater than zero.
4 ‘‘(B) 10-YEAR PRODUCTION CREDIT.—For
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1 under section 45, 45J, 45Q, 48, 48A, or 48F
2 is allowed under section 38 for the taxable year
3 or any prior taxable year.
4 ‘‘(2) GREENHOUSE GAS EMISSIONS RATE.—
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1 ‘‘(i) PUBLISHING EMISSIONS RATES.—
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1 ‘‘(ii) utilized by the taxpayer in a
2 manner described in paragraph (5) of such
3 section.
4 ‘‘(c) INFLATION ADJUSTMENT.—
5 ‘‘(1) IN GENERAL.—In the case of a calendar
6 year beginning after 2021, the 0.3 cent amount in
7 paragraph (2)(A) of subsection (a) and the 1.5 cent
8 amount in paragraph (2)(B) of such subsection shall
9 each be adjusted by multiplying such amount by the
10 inflation adjustment factor for the calendar year in
11 which the sale or use of the electricity occurs. If any
12 amount as increased under the preceding sentence is
13 not a multiple of 0.1 cent, such amount shall be
14 rounded to the nearest multiple of 0.1 cent.
15 ‘‘(2) ANNUAL COMPUTATION.—The Secretary
16 shall, not later than April 1 of each calendar year,
17 determine and publish in the Federal Register the
18 inflation adjustment factor for such calendar year in
19 accordance with this subsection.
20 ‘‘(3) INFLATION ADJUSTMENT FACTOR.—The
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1 endar year 1992. The term ‘GDP implicit price
2 deflator’ means the most recent revision of the im-
3 plicit price deflator for the gross domestic product
4 as computed and published by the Department of
5 Commerce before March 15 of the calendar year.
6 ‘‘(d) CREDIT PHASE-OUT.—
7 ‘‘(1) IN GENERAL.—The amount of the clean
8 electricity production credit under subsection (a) for
9 any qualified facility the construction of which be-
10 gins during a calendar year described in paragraph
11 (2) shall be equal to the product of—
12 ‘‘(A) the amount of the credit determined
13 under subsection (a) without regard to this sub-
14 section, multiplied by
15 ‘‘(B) the phase-out percentage under para-
16 graph (2).
17 ‘‘(2) PHASE-OUT PERCENTAGE.—The phase-out
18 percentage under this paragraph is equal to—
19 ‘‘(A) for a facility the construction of
20 which begins during the first calendar year fol-
21 lowing the applicable year, 100 percent,
22 ‘‘(B) for a facility the construction of
23 which begins during the second calendar year
24 following the applicable year, 75 percent,
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1 ‘‘(C) for a facility the construction of
2 which begins during the third calendar year fol-
3 lowing the applicable year, 50 percent, and
4 ‘‘(D) for a facility the construction of
5 which begins during any calendar year subse-
6 quent to the calendar year described in sub-
7 paragraph (C), 0 percent.
8 ‘‘(3) APPLICABLE YEAR.—For purposes of this
9 subsection, the term ‘applicable year’ means the
10 later of—
11 ‘‘(A) the calendar year in which the Sec-
12 retary determines that the annual greenhouse
13 gas emissions from the production of electricity
14 in the United States are equal to or less than
15 25 percent of the annual greenhouse gas emis-
16 sions from the production of electricity in the
17 United States for calendar year 2021, or
18 ‘‘(B) 2031.
19 ‘‘(e) DEFINITIONS.—For purposes of this section:
20 ‘‘(1) CO2e PER KWh.—The term ‘CO2e per
21 KWh’ means, with respect to any greenhouse gas,
22 the equivalent carbon dioxide (as determined based
23 on global warming potential) per kilowatt hour of
24 electricity produced.
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1 ‘‘(2) GREENHOUSE GAS.—The term ‘greenhouse
2 gas’ has the same meaning given such term under
3 section 211(o)(1)(G) of the Clean Air Act (42
4 U.S.C. 7545(o)(1)(G)), as in effect on the date of
5 the enactment of this section.
6 ‘‘(3) QUALIFIED CARBON DIOXIDE.—The term
7 ‘qualified carbon dioxide’ means carbon dioxide cap-
8 tured from an industrial source which—
9 ‘‘(A) would otherwise be released into the
10 atmosphere as industrial emission of green-
11 house gas,
12 ‘‘(B) is measured at the source of capture
13 and verified at the point of disposal or utiliza-
14 tion, and
15 ‘‘(C) is captured and disposed or utilized
16 within the United States (within the meaning of
17 section 638(1)) or a possession of the United
18 States (within the meaning of section 638(2)).
19 ‘‘(f) GUIDANCE.—Not later than January 1, 2027,
20 the Secretary shall issue guidance regarding implementa-
21 tion of this section, including calculation of greenhouse
22 gas emission rates for qualified facilities and determina-
23 tion of clean electricity production credits under this sec-
24 tion.
25 ‘‘(g) SPECIAL RULES.—
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1 ‘‘(1) ONLY PRODUCTION IN THE UNITED
11 PROPERTY.—
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1 ‘‘(B) COMBINED HEAT AND POWER SYS-
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1 ‘‘(3) PRODUCTION ATTRIBUTABLE TO THE TAX-
23 AGRICULTURAL COOPERATIVE.—
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1 ‘‘(i) IN GENERAL.—In the case of an
2 eligible cooperative organization, any por-
3 tion of the credit determined under sub-
4 section (a) for the taxable year may, at the
5 election of the organization, be apportioned
6 among patrons of the organization on the
7 basis of the amount of business done by
8 the patrons during the taxable year.
9 ‘‘(ii) FORM AND EFFECT OF ELEC-
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1 with respect to the organization for the
2 taxable year, and
3 ‘‘(ii) shall be included in the amount
4 determined under subsection (a) for the
5 first taxable year of each patron ending on
6 or after the last day of the payment period
7 (as defined in section 1382(d)) for the tax-
8 able year of the organization or, if earlier,
9 for the taxable year of each patron ending
10 on or after the date on which the patron
11 receives notice from the cooperative of the
12 apportionment.
13 ‘‘(C) SPECIAL RULES FOR DECREASE IN
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1 shall be treated as an increase in tax imposed
2 by this chapter on the organization. Such in-
3 crease shall not be treated as tax imposed by
4 this chapter for purposes of determining the
5 amount of any credit under this chapter.
6 ‘‘(D) ELIGIBLE COOPERATIVE DEFINED.—
16 CASES.—
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1 subsection shall be increased by an amount
2 equal to 10 percent of the amount other-
3 wise in effect under such paragraph (with-
4 out application of subparagraph (B)).
5 ‘‘(ii) ENERGY COMMUNITY.—For pur-
6 poses of this subparagraph, the term ‘en-
7 ergy community’ means a census tract—
8 ‘‘(I) in which—
9 ‘‘(aa) for the calendar year
10 in which construction of the
11 qualified facility began, not less
12 than 5 percent of the employ-
13 ment in such tract is within the
14 oil and gas sector,
15 ‘‘(bb) after December 31,
16 1999, a coal mine has closed, or
17 ‘‘(cc) after December 31,
18 2009, a coal-fired electric gener-
19 ating unit has been retired, or
20 ‘‘(II) which is immediately adja-
21 cent to any census tract described in
22 subclause (I).
23 ‘‘(B) DOMESTIC CONTENT.—Rules similar
24 to the rules of section 45(b)(10) shall apply.
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1 ‘‘(8) CREDIT REDUCED FOR TAX-EXEMPT
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1 ‘‘(i) apply separately with respect to
2 each qualified facility,
3 ‘‘(ii) be made for the taxable year in
4 which the facility is placed in service, and
5 ‘‘(iii) shall apply to such taxable year
6 and all subsequent taxable years with re-
7 spect to such facility.’’.
8 (d) CONFORMING AMENDMENTS.—
9 (1) Section 38(b) is amended—
10 (A) in paragraph (38), by striking ‘‘plus’’
11 at the end,
12 (B) in paragraph (39), by striking the pe-
13 riod at the end and inserting ‘‘, plus’’, and
14 (C) by adding at the end the following new
15 paragraph:
16 ‘‘(40) the clean electricity production credit de-
17 termined under section 45BB(a).’’.
18 (2) The table of sections for subpart D of part
19 IV of subchapter A of chapter 1 is amended by add-
20 ing at the end the following new item:
‘‘Sec. 45BB. Clean electricity production credit.’’.
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1 SEC. 136802. CLEAN ELECTRICITY INVESTMENT CREDIT.
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1 ‘‘(I) with a maximum net output
2 of less than 1 megawatt, or
3 ‘‘(II) which—
4 ‘‘(aa) satisfies the require-
5 ments of subsection (d)(3), and
6 ‘‘(bb) with respect to the
7 construction of such facility, sat-
8 isfies the requirements of sub-
9 section (d)(4),
10 the applicable percentage shall be 30 per-
11 cent.
12 ‘‘(B) GRID IMPROVEMENT PROPERTY.—
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1 ‘‘(aa) satisfies the require-
2 ments of subsection (d)(3), and
3 ‘‘(bb) with respect to the
4 construction of such property,
5 satisfies rules similar to the rules
6 of section 45(b)(9),
7 the applicable percentage shall be 30 per-
8 cent.
9 ‘‘(3) INCREASE IN CREDIT RATE IN CERTAIN
10 CASES.—
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1 ‘‘(I) in the case of any qualified
2 investment with respect to a qualified
3 facility described in paragraph
4 (2)(A)(i) or with respect to grid im-
5 provement property described in para-
6 graph (2)(B)(i), 2 percentage points,
7 and
8 ‘‘(II) in the case of any qualified
9 investment with respect to a qualified
10 facility described in paragraph
11 (2)(A)(ii) or with respect to grid im-
12 provement property described in para-
13 graph (2)(B)(ii), 10 percentage
14 points.
15 ‘‘(B) DOMESTIC CONTENT.—Rules similar
16 to the rules of section 45(a)(11) shall apply.
17 ‘‘(b) QUALIFIED INVESTMENT WITH RESPECT TO A
18 QUALIFIED FACILITY.—
19 ‘‘(1) IN GENERAL.—For purposes of subsection
20 (a), the qualified investment with respect to any
21 qualified facility for any taxable year is the sum
22 of—
23 ‘‘(A) the basis of any qualified property
24 placed in service by the taxpayer during such
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1 taxable year which is part of a qualified facility,
2 plus
3 ‘‘(B) the amount of any expenditures
4 which are—
5 ‘‘(i) paid or incurred by the taxpayer
6 for qualified interconnection property—
7 ‘‘(I) in connection with a quali-
8 fied facility which has a maximum net
9 output of not greater than 5
10 megawatts, and
11 ‘‘(II) placed in service during the
12 taxable year of the taxpayer, and
13 ‘‘(ii) properly chargeable to capital ac-
14 count of the taxpayer.
15 ‘‘(2) QUALIFIED PROPERTY.—The term ‘quali-
16 fied property’ means property—
17 ‘‘(A) which is—
18 ‘‘(i) tangible personal property, or
19 ‘‘(ii) other tangible property (not in-
20 cluding a building or its structural compo-
21 nents), but only if such property is used as
22 an integral part of the qualified facility,
23 ‘‘(B) with respect to which depreciation (or
24 amortization in lieu of depreciation) is allow-
25 able, and
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1 ‘‘(C)(i) the construction, reconstruction, or
2 erection of which is completed by the taxpayer,
3 or
4 ‘‘(ii) which is acquired by the taxpayer if
5 the original use of such property commences
6 with the taxpayer.
7 ‘‘(3) QUALIFIED FACILITY.—
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1 tion 45BB(b)(2) shall apply for purposes
2 of this paragraph.
3 ‘‘(C) EXCLUSION.—The term ‘qualified fa-
4 cility’ shall not include any facility for which—
5 ‘‘(i) a renewable electricity production
6 credit determined under section 45,
7 ‘‘(ii) an advanced nuclear power facil-
8 ity production credit determined under sec-
9 tion 45J,
10 ‘‘(iii) a carbon oxide sequestration
11 credit determined under section 45Q,
12 ‘‘(iv) a clean electricity production
13 credit determined under section 45BB,
14 ‘‘(v) an energy credit determined
15 under section 48,
16 ‘‘(vi) a qualifying advanced coal
17 project credit under section 48A, or
18 ‘‘(vii) a qualifying electric trans-
19 mission property credit under section 48D,
20 is allowed under section 38 for the taxable year
21 or any prior taxable year.
22 ‘‘(4) QUALIFIED INTERCONNECTION PROP-
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1 ‘‘(5) COORDINATION WITH REHABILITATION
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1 erty’ has the meaning given such term in section
2 48(c)(6).
3 ‘‘(d) SPECIAL RULES.—
4 ‘‘(1) CERTAIN PROGRESS EXPENDITURE RULES
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1 fied facility or grid improvement property the con-
2 struction of which begins during a calendar year de-
3 scribed in paragraph (2) shall be equal to the prod-
4 uct of—
5 ‘‘(A) the amount of the credit determined
6 under subsection (a) without regard to this sub-
7 section, multiplied by
8 ‘‘(B) the phase-out percentage under para-
9 graph (2).
10 ‘‘(2) PHASE-OUT PERCENTAGE.—The phase-out
11 percentage under this paragraph is equal to—
12 ‘‘(A) for any qualified investment with re-
13 spect to any qualified facility or grid improve-
14 ment property the construction of which begins
15 during the first calendar year following the ap-
16 plicable year, 100 percent,
17 ‘‘(B) for any qualified investment with re-
18 spect to any qualified facility or grid improve-
19 ment property the construction of which begins
20 during the second calendar year following the
21 applicable year, 75 percent,
22 ‘‘(C) for any qualified investment with re-
23 spect to any qualified facility or grid improve-
24 ment property the construction of which begins
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1 during the third calendar year following the ap-
2 plicable year, 50 percent, and
3 ‘‘(D) for any qualified investment with re-
4 spect to any qualified facility or grid improve-
5 ment property the construction of which begins
6 during any calendar year subsequent to the cal-
7 endar year described in subparagraph (C), 0
8 percent.
9 ‘‘(3) APPLICABLE YEAR.—For purposes of this
10 subsection, the term ‘applicable year’ has the same
11 meaning given such term in section 45BB(d)(3).
12 ‘‘(f) GREENHOUSE GAS.—In this section, the term
13 ‘greenhouse gas’ has the same meaning given such term
14 under section 45BB(e)(2).
15 ‘‘(g) RECAPTURE OF CREDIT.—For purposes of sec-
16 tion 50, if the Secretary determines that the greenhouse
17 gas emissions rate for a qualified facility is greater than
18 10 grams of CO2e per KWh, any property for which a
19 credit was allowed under this section with respect to such
20 facility shall cease to be investment credit property in the
21 taxable year in which the determination is made.
22 ‘‘(h) GUIDANCE.—Not later than January 1, 2027,
23 the Secretary shall issue guidance regarding implementa-
24 tion of this section.’’.
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1 (b) ELECTIVE PAYMENT OF CREDIT.—Section
2 6417(b), as amended by preceding provisions of this Act,
3 is amended by adding at the end the following new para-
4 graph:
5 ‘‘(13) The clean electricity investment credit de-
6 termined under section 48F.’’.
7 (c) PUBLIC UTILITY PROPERTY.—Section 50(d) is
8 amended by adding at the end the following: ‘‘Paragraphs
9 (1)(B) and (2)(B) of the section 46(e) referred to in para-
10 graph (1) of this subsection shall not apply to any quali-
11 fied investment described in section 48F of a real estate
12 investment trust.’’
13 (d) CONFORMING AMENDMENTS.—
14 (1) Section 46 is amended—
15 (A) by striking ‘‘and’’ at the end of para-
16 graph (5),
17 (B) by striking the period at the end of
18 paragraph (6) and inserting ‘‘, and’’, and
19 (C) by adding at the end the following new
20 paragraph:
21 ‘‘(7) the clean electricity investment credit.’’.
22 (2) Section 49(a)(1)(C) is amended—
23 (A) by striking ‘‘and’’ at the end of clause
24 (iv),
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1369
1 (B) by striking the period at the end of
2 clause (v) and inserting a comma, and
3 (C) by adding at the end the following new
4 clauses:
5 ‘‘(vi) the basis of any qualified prop-
6 erty which is part of a qualified facility
7 under section 48F, and
8 ‘‘(vii) the basis of any energy storage
9 property under section 48F.’’.
10 (3) Section 50(a)(2)(E) is amended by striking
11 ‘‘or 48E(c)(1)’’ and inserting ‘‘48E(c)(1), or
12 48F(e)’’.
13 (4) Section 50(c)(3) is amended by inserting
14 ‘‘or clean electricity investment credit’’ after ‘‘In the
15 case of any energy credit’’.
16 (5) The table of sections for subpart E of part
17 IV of subchapter A of chapter 1 is amended by in-
18 serting after the item relating to section 48E the fol-
19 lowing new item:
‘‘48F. Clean electricity investment credit.’’.
1370
1 SEC. 136803. INCREASE IN CLEAN ELECTRICITY INVEST-
4 COMMUNITIES.
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1371
1 ‘‘(B) the increase in the credit determined
2 under subsection (a) by reason of this sub-
3 section for any taxable year with respect to all
4 property which is part of such facility shall not
5 exceed the amount which bears the same ratio
6 to the amount of such increase (determined
7 without regard to this subparagraph) as—
8 ‘‘(i) the environmental justice capacity
9 limitation allocated to such facility, bears
10 to
11 ‘‘(ii) the total megawatt nameplate ca-
12 pacity of such facility, as measured in di-
13 rect current.
14 ‘‘(2) QUALIFIED FACILITY.—For purposes of
15 this subsection—
16 ‘‘(A) IN GENERAL.—The term ‘qualified
17 facility’ means any facility—
18 ‘‘(i) which is described in subsection
19 (b)(3)(A) and not described in section
20 45BB(b)(2)(B),
21 ‘‘(ii) which has a maximum net output
22 of less than 5 megawatts, and
23 ‘‘(iii) which—
24 ‘‘(I) is located in a low-income
25 community (as defined in section
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1 45D(e)) or on Indian land (as defined
2 in section 2601(2) of the Energy Pol-
3 icy Act of 1992 (25 U.S.C. 3501(2))),
4 or
5 ‘‘(II) is part of a qualified low-in-
6 come residential building project or a
7 qualified low-income economic benefit
8 project.
9 ‘‘(B) QUALIFIED LOW-INCOME RESIDEN-
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1 ing entity (as defined in section 4(22) of
2 the Native American Housing Assistance
3 and Self-Determination Act of 1996 (25
4 U.S.C. 4103(22))) or such other affordable
5 housing programs as the Secretary may
6 provide, and
7 ‘‘(ii) the financial benefits of the elec-
8 tricity produced by such facility are allo-
9 cated equitably among the occupants of the
10 dwelling units of such building.
11 ‘‘(C) QUALIFIED LOW-INCOME ECONOMIC
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1 quired at a below-market rate shall not fail to
2 be taken into account as a financial benefit.
3 ‘‘(3) ELIGIBLE PROPERTY.—For purposes of
4 this section, the term ‘eligible property’ means a
5 qualified investment with respect to any qualified fa-
6 cility which is described in subsection (b).
7 ‘‘(4) ALLOCATIONS.—
8 ‘‘(A) IN GENERAL.—Not later than Janu-
9 ary 1, 2027, the Secretary shall establish a pro-
10 gram to allocate amounts of environmental jus-
11 tice capacity limitation to qualified facilities.
12 ‘‘(B) LIMITATION.—The amount of envi-
13 ronmental justice capacity limitation allocated
14 by the Secretary under subparagraph (A) dur-
15 ing any calendar year shall not exceed the an-
16 nual capacity limitation with respect to such
17 year.
18 ‘‘(C) ANNUAL CAPACITY LIMITATION.—For
24 TION.—
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1 ‘‘(i) IN GENERAL.—If the annual ca-
2 pacity limitation for any calendar year ex-
3 ceeds the aggregate amount allocated for
4 such year under this paragraph, such limi-
5 tation for the succeeding calendar year
6 shall be increased by the amount of such
7 excess. No amount may be carried under
8 the preceding sentence to any calendar
9 year after 2033.
10 ‘‘(ii) CARRYOVER FROM SECTION 48
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1 allocation with respect to the facility of
2 which such property is a part.
3 ‘‘(ii) APPLICATION OF CARRYOVER.—
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1 local governments, Indian tribal govern-
2 ments (as defined in section 139E), and
3 community-based organizations.
4 ‘‘(G) DISCLOSURE OF ALLOCATIONS.—The
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1 property ceasing to be property eligible for such in-
2 crease, the eligibility of such property for such in-
3 crease is restored. The preceding sentence shall not
4 apply more than once with respect to any facility.’’.
5 (b) EFFECTIVE DATE.—The amendments made by
6 this section shall take effect on January 1, 2027.
7 SEC. 136804. COST RECOVERY FOR QUALIFIED FACILITIES,
9 MENT PROPERTY.
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1 (b) EFFECTIVE DATE.—The amendments made by
2 this section shall apply to facilities and property placed
3 in service after December 31, 2026.
4 SEC. 136805. CLEAN FUEL PRODUCTION CREDIT.
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1 ity which does not satisfy the requirements de-
2 scribed in subparagraph (B), the applicable
3 amount shall be 20 cents.
4 ‘‘(B) ALTERNATIVE AMOUNT.—In the case
5 of any transportation fuel produced at a quali-
6 fied facility which satisfies the requirements
7 under paragraphs (6) and (7) of subsection (g),
8 the applicable amount shall be $1.00.
9 ‘‘(3) SPECIAL RATE FOR SUSTAINABLE AVIA-
10 TION FUEL.—
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1 ‘‘(i) meets the requirements of—
2 ‘‘(I) ASTM International Stand-
3 ard D7566, or
4 ‘‘(II) the Fischer Tropsch provi-
5 sions of ASTM International Stand-
6 ard D1655, Annex A1, and
7 ‘‘(ii) is not derived from palm fatty
8 acid distillates or petroleum.
9 ‘‘(4) SALE.—For purposes of paragraph (1),
10 the transportation fuel is sold in a manner described
11 in this paragraph if such fuel is sold by the taxpayer
12 to an unrelated person—
13 ‘‘(A) for use by such person in the produc-
14 tion of a fuel mixture,
15 ‘‘(B) for use by such person in a trade or
16 business, or
17 ‘‘(C) who sells such fuel at retail to an-
18 other person and places such fuel in the fuel
19 tank of such other person.
20 ‘‘(5) ROUNDING.—If any amount determined
21 under paragraph (1) is not a multiple of 0.1 cent,
22 such amount shall be rounded to the nearest mul-
23 tiple of 0.1 cent.
24 ‘‘(b) EMISSIONS FACTORS.—
25 ‘‘(1) EMISSIONS FACTOR.—
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1 ‘‘(A) CALCULATION.—
2 ‘‘(i) IN GENERAL.—The emissions fac-
3 tor of a transportation fuel shall be an
4 amount equal to the quotient of—
5 ‘‘(I) an amount equal to—
6 ‘‘(aa) 75 kilograms of CO2e
7 per mmBTU, minus
8 ‘‘(bb) the emissions rate for
9 such fuel, divided by
10 ‘‘(II) 75 kilograms of CO2e per
11 mmBTU.
12 ‘‘(B) ESTABLISHMENT OF EMISSIONS
13 RATE.—
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1 mmBTU, which a taxpayer shall use for
2 purposes of this section.
3 ‘‘(ii) NON-AVIATION FUEL.—In the
4 case of any transportation fuel which is
5 not a sustainable aviation fuel, the lifecycle
6 greenhouse gas emissions of such fuel shall
7 be based on the most recent determina-
8 tions under the Greenhouse gases, Regu-
9 lated Emissions, and Energy use in Trans-
10 portation model developed by Argonne Na-
11 tional Laboratory, or a successor model (as
12 determined by the Secretary).
13 ‘‘(iii) AVIATION FUEL.—In the case of
14 any transportation fuel which is a sustain-
15 able aviation fuel, the lifecycle greenhouse
16 gas emissions of such fuel shall be deter-
17 mined in accordance with—
18 ‘‘(I) the most recent Carbon Off-
19 setting and Reduction Scheme for
20 International Aviation which has been
21 adopted by the International Civil
22 Aviation Organization with the agree-
23 ment of the United States, or
24 ‘‘(II) any similar methodology
25 which satisfies the criteria under sec-
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1 tion 211(o)(1)(H) of the Clean Air
2 Act (42 U.S.C. 7545(o)(1)(H)).
3 ‘‘(C) ROUNDING OF EMISSIONS RATE.—
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1 (a)(3)(A)(i), and the $1.75 amount in subsection
2 (a)(3)(A)(ii) shall each be adjusted by multiplying
3 such amount by the inflation adjustment factor for
4 the calendar year in which the sale of the transpor-
5 tation fuel occurs. If any amount as increased under
6 the preceding sentence is not a multiple of 1 cent,
7 such amount shall be rounded to the nearest mul-
8 tiple of 1 cent.
9 ‘‘(2) INFLATION ADJUSTMENT FACTOR.—For
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1 ‘‘(B) the phase-out percentage under para-
2 graph (2).
3 ‘‘(2) PHASE-OUT PERCENTAGE.—The phase-out
4 percentage under this paragraph is equal to—
5 ‘‘(A) for any taxable year beginning in the
6 first calendar year following the applicable year,
7 100 percent,
8 ‘‘(B) for any taxable year beginning in the
9 second calendar year following the applicable
10 year, 75 percent,
11 ‘‘(C) for any taxable year beginning in the
12 third calendar year following the applicable
13 year, 50 percent, and
14 ‘‘(D) for any taxable year beginning in any
15 calendar year subsequent to the calendar year
16 described in subparagraph (C), 0 percent.
17 ‘‘(3) APPLICABLE YEAR.—For purposes of this
18 subsection, the term ‘applicable year’ means the
19 later of—
20 ‘‘(A) the calendar year in which the Sec-
21 retary determines that the greenhouse gas emis-
22 sions from the transportation of persons and
23 goods annually in the United States are equal
24 to or less than 25 percent of the greenhouse gas
25 emissions from the transportation of persons
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1 and goods in the United States during calendar
2 year 2021, or
3 ‘‘(B) 2031.
4 ‘‘(e) DEFINITIONS.—In this section:
5 ‘‘(1) mmBTU.—The term ‘mmBTU’ means
6 1,000,000 British thermal units.
7 ‘‘(2) CO2e.—The term ‘CO2e’ means, with re-
8 spect to any greenhouse gas, the equivalent carbon
9 dioxide (as determined based on relative global
10 warming potential).
11 ‘‘(3) GREENHOUSE GAS.—The term ‘greenhouse
12 gas’ has the same meaning given that term under
13 section 211(o)(1)(G) of the Clean Air Act (42
14 U.S.C. 7545(o)(1)(G)), as in effect on the date of
15 the enactment of this section.
16 ‘‘(4) QUALIFIED FACILITY.—The term ‘quali-
17 fied facility’—
18 ‘‘(A) means a facility used for the produc-
19 tion of transportation fuels, and
20 ‘‘(B) does not include any facility for
21 which one of the following credits is allowed
22 under section 38 for the taxable year:
23 ‘‘(i) The credit for production of clean
24 hydrogen under section 45X.
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1 ‘‘(ii) The credit for clean hydrogen
2 production facilities under section
3 48(a)(15).
4 ‘‘(iii) The credit for carbon oxide se-
5 questration under section 45Q.
6 ‘‘(5) TRANSPORTATION FUEL.—The term
7 ‘transportation fuel’ means a fuel (with the excep-
8 tion of hydrogen) which—
9 ‘‘(A) is suitable for use as a fuel in a high-
10 way vehicle or aircraft, and
11 ‘‘(B) has an emissions rate which is not
12 greater than—
13 ‘‘(i) in the case of a fuel which is not
14 a sustainable aviation fuel—
15 ‘‘(I) for any such fuel sold during
16 calendar years 2027 through 2030, 50
17 kilograms of CO2e per mmBTU, and
18 ‘‘(II) for any such fuel sold dur-
19 ing any calendar year beginning after
20 December 31, 2030, 25 kilograms of
21 CO2e per mmBTU, or
22 ‘‘(ii) in the case of a fuel which is a
23 sustainable aviation fuel—
24 ‘‘(I) for any such fuel sold during
25 any period before January 1, 2031,
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1 35 kilograms of CO2e per mmBTU,
2 and
3 ‘‘(II) for any such fuel sold dur-
4 ing any period after December 31,
5 2030, 25 kilograms of CO2e per
6 mmBTU.
7 ‘‘(f) GUIDANCE.—Not later than January 1, 2027,
8 the Secretary shall issue guidance regarding implementa-
9 tion of this section, including calculation of emissions fac-
10 tors for transportation fuel, the table described in sub-
11 section (b)(1)(B)(i), and the determination of clean fuel
12 production credits under this section.
13 ‘‘(g) SPECIAL RULES.—
14 ‘‘(1) ONLY REGISTERED PRODUCTION IN THE
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1390
1 ‘‘(B) UNITED STATES.—For purposes of
2 this paragraph, the term ‘United States’ in-
3 cludes any possession of the United States.
4 ‘‘(2) PRODUCTION ATTRIBUTABLE TO THE TAX-
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1 ‘‘(5) ALLOCATION OF CREDIT TO PATRONS OF
2 AGRICULTURAL COOPERATIVE.—
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1 ‘‘(i) shall not be included in the
2 amount determined under subsection (a)
3 with respect to the organization for the
4 taxable year, and
5 ‘‘(ii) shall be included in the amount
6 determined under subsection (a) for the
7 first taxable year of each patron ending on
8 or after the last day of the payment period
9 (as defined in section 1382(d)) for the tax-
10 able year of the organization or, if earlier,
11 for the taxable year of each patron ending
12 on or after the date on which the patron
13 receives notice from the cooperative of the
14 apportionment.
15 ‘‘(C) SPECIAL RULES FOR DECREASE IN
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1 ‘‘(ii) the amount not apportioned to
2 such patrons under subparagraph (A) for
3 the taxable year,
4 shall be treated as an increase in tax imposed
5 by this chapter on the organization. Such in-
6 crease shall not be treated as tax imposed by
7 this chapter for purposes of determining the
8 amount of any credit under this chapter.
9 ‘‘(D) ELIGIBLE COOPERATIVE DEFINED.—
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1 ‘‘(i) the rules of clause (i) of section
2 45(b)(8) shall not apply, and
3 ‘‘(ii) clause (ii) of such section shall
4 be applied by substituting ‘for any period
5 of the taxable year beginning after Decem-
6 ber 31, 2026 for which the credit is
7 claimed under this section with respect to
8 production of transportation fuel, the alter-
9 ation or repair of such facility’ for ‘for the
10 period of the taxable year which is within
11 the 10-year period beginning on the date
12 the facility was originally placed in service,
13 the alteration or repair of such facility’.
14 ‘‘(7) APPRENTICESHIP REQUIREMENTS.—Rules
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1 (A) in paragraph (39), by striking ‘‘plus’’
2 at the end,
3 (B) in paragraph (40), by striking the pe-
4 riod at the end and inserting ‘‘, plus’’, and
5 (C) by adding at the end the following new
6 paragraph:
7 ‘‘(41) the clean fuel production credit deter-
8 mined under section 45CC(a).’’.
9 (2) The table of sections for subpart D of part
10 IV of subchapter A of chapter 1, as amended by sec-
11 tion 101, is amended by adding at the end the fol-
12 lowing new item:
‘‘Sec. 45CC. Clean fuel production credit.’’.
1396
1 remain available until September 30, 2031, for necessary
2 expenses for the Internal Revenue Service to carry out this
3 subtitle (and the amendments made by this subtitle),
4 which shall supplement and not supplant any other appro-
5 priations that may be available for this purpose.
6 Subtitle E—Medicaid
7 PART 1—EXPANDING ACCESS TO MEDICAID
10 (a) FUNDING.—
11 (1) IN GENERAL.—In addition to amounts oth-
12 erwise available, there is appropriated to the Sec-
13 retary for fiscal year 2022, out of any money in the
14 Treasury not otherwise appropriated, $130,000,000,
15 to remain available until expended, for carrying out
16 this section.
17 (2) TECHNICAL ASSISTANCE AND GUIDANCE.—
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1 (1) DEADLINE FOR AWARD OF GRANTS.—From
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1 hance caregiver supports, promote community inte-
2 gration and compliance with the home and commu-
3 nity-based settings rule published on January 16,
4 2014, or any successor regulation, make infrastruc-
5 ture investments (such as case management or other
6 information technology systems), and for related
7 purposes as the Secretary shall specify.
8 (3) LIMITATION ON USE OF FUNDS.—None of
9 the funds awarded to a State under this section may
10 be used by a State as the source of the non-Federal
11 share of expenditures under the State plan (or waiv-
12 er of such plan).
13 (c) HCBS IMPROVEMENT PLAN REQUIREMENTS.—
14 In order to meet the requirements of this subsection, an
15 HCBS improvement plan developed using funds awarded
16 to a State under this section shall include, with respect
17 to the State and subject to subsection (d), the following:
18 (1) EXISTING MEDICAID HCBS LANDSCAPE.—
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1 Medicaid program and the types of settings in
2 which they may be provided, and utilization
3 management standards for such services.
4 (B) ACCESS.—
5 (i) BARRIERS.—A description of the
6 barriers to accessing home and community-
7 based services in the State identified by
8 Medicaid eligible individuals, the families
9 of such individuals, and direct care work-
10 ers and home care agencies, or other simi-
11 lar organizations.
12 (ii) AVAILABILITY; UNMET NEED.—A
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1 viduals receiving such services) during such pe-
2 riod specified by the Secretary.
3 (D) SERVICE DELIVERY STRUCTURES AND
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1 last updated payment rates for home and
2 community-based services, and an estimate
3 of the portion of the payment rate that
4 goes toward direct care worker compensa-
5 tion.
6 (ii) ASSESSMENT.—An assessment of
7 the relationship between payment rates for
8 such services and workforce shortages, av-
9 erage beneficiary wait times for such serv-
10 ices, provider-to-beneficiary ratios in the
11 geographic region, and any other factors
12 identified by the Secretary.
13 (G) QUALITY.—A description of how the
14 quality of home and community-based services
15 is measured and monitored.
16 (H) LONG-TERM SERVICES AND SUPPORTS
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1 the percentage of expenditures made by the
2 State under the State Medicaid program for
3 long-term services and supports that are for
4 home and community-based services.
5 (J) DEMOGRAPHIC DATA.—To the extent
6 available and as applicable with respect to the
7 information required under subparagraphs (B),
8 (C), and (H), demographic data for such infor-
9 mation, disaggregated by age groups, primary
10 disability, income brackets, gender, race, eth-
11 nicity, geography, primary language, and type
12 of service setting.
13 (2) GOALS FOR HCBS IMPROVEMENTS.—A de-
14 scription of how the State will do the following:
15 (A) Conduct the activities required under
16 subsection (jj) of section 1905 of the Social Se-
17 curity Act (as added under section 30712).
18 (B) Reduce barriers to and disparities in
19 access or utilization of home and community-
20 based services in the State.
21 (C) Monitor and report (with supporting
22 data, to the extent available and applicable,
23 disaggregated by age groups, primary disability,
24 income brackets, gender, race, ethnicity, geog-
25 raphy, primary language, and type of service
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1403
1 setting) on access to home and community-
2 based services under the State Medicaid pro-
3 gram, disparities in access to such services, and
4 the utilization of such services.
5 (D) Monitor and report the amount of
6 State Medicaid expenditures for home and com-
7 munity-based services under the State Medicaid
8 program as a proportion of the total amount of
9 State expenditures under the State Medicaid
10 program for long-term services and supports.
11 (E) Monitor and report on wages, benefits,
12 and vacancy and turnover rates for direct care
13 workers.
14 (F) Assess and monitor the sufficiency of
15 payment rates under the State Medicaid pro-
16 gram, in a manner specified by the Secretary,
17 for the specific types of home and community-
18 based services available under such program for
19 purposes of supporting direct care worker re-
20 cruitment and retention and ensuring the avail-
21 ability of home and community-based services.
22 (G) Coordinate implementation of the
23 HCBS improvement plan among the State
24 Medicaid agency, agencies serving individuals
25 with disabilities, agencies serving the elderly,
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1 and other relevant State and local agencies and
2 organizations that provide related supports,
3 such as those for housing, transportation, em-
4 ployment, and other services and supports.
5 (d) DEVELOPMENT AND APPROVAL REQUIRE-
6 MENTS.—
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1 (3) SUBMISSION AND APPROVAL.—Not later
2 than 24 months after the date on which a State is
3 awarded a planning grant under this section, the
4 State shall submit an HCBS improvement plan for
5 approval by the Secretary, along with assurances by
6 the State that the State will implement the plan in
7 accordance with the requirements of the HCBS Im-
8 provement Program established under subsection (jj)
9 of section 1905 of the Social Security Act (42
10 U.S.C. 1396d) (as added by section 30712). The
11 Secretary shall approve and make publicly available
12 the HCBS improvement plan for a State after the
13 plan and such assurances are submitted to the Sec-
14 retary for approval and the Secretary determines the
15 plan meets the requirements of subsection (c). A
16 State may amend its HCBS improvement plan, sub-
17 ject to the approval of the Secretary that the plan
18 as so amended meets the requirements of subsection
19 (c). The Secretary may withhold or recoup funds
20 provided under this section to a State, if the State
21 fails to comply with the requirements of this section.
22 (e) DEFINITIONS.—In the part:
23 (1) DIRECT CARE WORKER.—The term ‘‘direct
24 care worker’’ means, with respect to a State, any of
25 the following individuals who are paid to provide di-
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1 rectly to Medicaid eligible individuals home and com-
2 munity-based services available under the State
3 Medicaid program:
4 (A) A registered nurse, licensed practical
5 nurse, nurse practitioner, or clinical nurse spe-
6 cialist, or a licensed nursing assistant who pro-
7 vides such services under the supervision of a
8 registered nurse, licensed practical nurse, nurse
9 practitioner, or clinical nurse specialist.
10 (B) A direct support professional.
11 (C) A personal care attendant.
12 (D) A home health aide.
13 (E) Any other paid health care profes-
14 sional or worker determined to be appropriate
15 by the State and approved by the Secretary.
16 (2) HCBS PROGRAM IMPROVEMENT STATE.—
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1 Medicaid eligible individuals who are enrolled with
2 the entities under a contract with a State:
3 (A) A medicaid managed care organiza-
4 tion, as defined in section 1903(m)(1)(A) of the
5 Social Security Act (42 U.S.C.
6 1396b(m)(1)(A)).
7 (B) A prepaid inpatient health plan or pre-
8 paid ambulatory health plan, as defined in sec-
9 tion 438.2 of title 42, Code of Federal Regula-
10 tions (or any successor regulation).
11 (C) Any other entity determined to be ap-
12 propriate by the State and approved by the Sec-
13 retary.
14 (4) HOME AND COMMUNITY-BASED SERV-
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1 (C) Personal care services authorized
2 under paragraph (24) of such section.
3 (D) PACE services authorized under para-
4 graph (26) of such section.
5 (E) Home and community-based services
6 authorized under subsections (b), (c), (i), (j),
7 and (k) of section 1915 of such Act (42 U.S.C.
8 1396n), authorized under a waiver under sec-
9 tion 1115 of such Act (42 U.S.C. 1315), or
10 provided through coverage authorized under
11 section 1937 of such Act (42 U.S.C. 1396u–7).
12 (F) Case management services authorized
13 under section 1905(a)(19) of the Social Secu-
14 rity Act (42 U.S.C. 1396d(a)(19)) and section
15 1915(g) of such Act (42 U.S.C. 1396n(g)).
16 (G) Rehabilitative services, including those
17 related to behavioral health, described in section
18 1905(a)(13) of such Act (42 U.S.C.
19 1396d(a)(13)).
20 (H) Such other services specified by the
21 Secretary.
22 (5) INSTITUTIONAL SETTING.—The term ‘‘insti-
23 tutional setting’’ means—
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1 (A) a skilled nursing facility (as defined in
2 section 1819(a) of the Social Security Act (42
3 U.S.C. 1395i–3(a)));
4 (B) a nursing facility (as defined in section
5 1919(a) of such Act (42 U.S.C. 1396r(a)));
6 (C) a long-term care hospital (as described
7 in section 1886(d)(1)(B)(iv) of such Act (42
8 U.S.C. 1395ww(d)(1)(B)(iv)));
9 (D) a facility described in section 1905(d)
10 of such Act (42 U.S.C. 1396d(d)));
11 (E) an institution which is a psychiatric
12 hospital (as defined in section 1861(f) of such
13 Act (42 U.S.C. 1395x(f))) or that provides in-
14 patient psychiatric services in a residential set-
15 ting specified by the Secretary;
16 (F) an institution described in section
17 1905(i) of such Act (42 U.S.C. 1396d(i)); and
18 (G) any other relevant facility, as deter-
19 mined by the Secretary.
20 (6) MEDICAID ELIGIBLE INDIVIDUAL.—The
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1410
1 medical assistance and enrolled under a State Med-
2 icaid plan, or waiver of such plan, upon receipt of
3 home and community-based services.
4 (7) STATE MEDICAID PROGRAM.—The term
5 ‘‘State Medicaid program’’ means, with respect to a
6 State, the State program under title XIX of the So-
7 cial Security Act (42 U.S.C. 1396 through 1396w-
8 6) (including any waiver or demonstration under
9 such title or under section 1115 of such Act (42
10 U.S.C. 1315) relating to such title).
11 (8) SECRETARY.—The term ‘‘Secretary’’ means
12 the Secretary of Health and Human Services.
13 (9) STATE.—The term ‘‘State’’ means each of
14 the 50 States, the District of Columbia, Puerto Rico,
15 the Virgin Islands, Guam, the Northern Mariana Is-
16 lands, and American Samoa.
17 SEC. 30712. HCBS IMPROVEMENT PROGRAM.
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1411
1 ‘‘(jj) ADDITIONAL SUPPORT FOR HCBS PROGRAM
2 IMPROVEMENT STATES.—
3 ‘‘(1) IN GENERAL.—
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1 subsection (y), (z), (aa), or (ii), or such
2 section 6008(a); and
3 ‘‘(ii) with respect to the State meeting
4 the requirements described in paragraphs
5 (2) and (4), notwithstanding øsections
6 1903(a)(7) and 1903(a)(3)¿, with respect
7 to amounts expended during the quarter
8 and before October 1, 2031, for adminis-
9 trative costs for expanding and enhancing
10 home and community-based services, in-
11 cluding for enhancing Medicaid data and
12 technology infrastructure, modifying rate
13 setting processes, adopting or improving
14 training programs for direct care workers
15 and family caregivers, home and commu-
16 nity-based services ombudsman office ac-
17 tivities, developing processes to identify di-
18 rect care workers and assign such workers
19 unique identifiers, and adopting, carrying
20 out, or enhancing programs that register
21 direct care workers or connect beneficiaries
22 to direct care workers, the per centum
23 specified in such øsections 1903(a)(7) and
24 1903(a)(3)¿ shall be increased to 80 per-
25 cent.
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1 In no case may the application of clause (i) re-
2 sult in the Federal medical assistance percent-
3 age determined for a State being more than 95
4 percent with respect to such expenditures. In no
5 case shall the application of clause (ii) result in
6 a reduction to the per centum otherwise speci-
7 fied without application of such clause. Any in-
8 crease pursuant to clause (ii) shall be available
9 to a State before the State meets the require-
10 ments of paragraphs (2) and (4).
11 ‘‘(B) ADDITIONAL HCBS IMPROVEMENT
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1414
1 ters throughout which the State has imple-
2 mented and has in effect a program to support
3 self-directed care that meets the requirements
4 of paragraph (3).
5 ‘‘(C) NONAPPLICATION OF TERRITORIAL
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1415
1 medical assistance percentage determined for a
2 State, with respect to a fiscal year quarter, the State
3 shall meet each of the following requirements:
4 ‘‘(A) NONSUPPLANTATION.—The State
5 uses the Federal funds attributable to the in-
6 crease in the Federal medical assistance per-
7 centage for amounts expended during a quarter
8 for medical assistance for home and commu-
9 nity-based services under subparagraphs (A)
10 and, if applicable, (B) of paragraph (1) to sup-
11 plement, and not supplant, the level of State
12 funds expended for home and community-based
13 services for eligible individuals through pro-
14 grams in effect as of the date the State is
15 awarded a planning grant under section 30711
16 of the Act titled ‘An Act to provide for rec-
17 onciliation pursuant to title II of S. Con. Res.
18 14’. In applying this subparagraph, the Sec-
19 retary shall provide that a State shall have a 3-
20 year period, as specified by the Secretary, to
21 spend any accumulated unspent State funds at-
22 tributable to the increase described in clause (i)
23 in the Federal medical assistance percentage.
24 ‘‘(B) MAINTENANCE OF EFFORT.—
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1416
1 ‘‘(i) IN GENERAL.—The State does
2 not—
3 ‘‘(I) reduce the amount, dura-
4 tion, or scope of home and commu-
5 nity-based services available under the
6 State plan (or waiver of such plan)
7 relative to the home and community-
8 based services available under the
9 plan or a waiver of such plan as of
10 the date on which the State was
11 awarded a planning grant under sec-
12 tion 30711 of the Act titled ‘An Act
13 to provide for reconciliation pursuant
14 to title II of S. Con. Res. 14’;
15 ‘‘(II) reduce payment rates for
16 home and community-based services
17 lower than such rates that were in
18 place as of the date described in sub-
19 clause (I), including, to the extent ap-
20 plicable, assumed payment rates for
21 such services that are included in
22 managed care capitation rates as such
23 rates are being prospectively built; or
24 ‘‘(III) except to the extent per-
25 mitted under clause (ii), adopt more
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1417
1 restrictive standards, methodologies,
2 or procedures for determining eligi-
3 bility for or the scope of medical as-
4 sistance of home and community-
5 based services, including with respect
6 to cost-sharing, than the standards,
7 methodologies, or procedures applica-
8 ble as of the date described in sub-
9 clause (I).
10 ‘‘(ii) FLEXIBILITY TO SUPPORT INNO-
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1418
1 graphic changes since the date de-
2 scribed in clause (i)(I); or
3 ‘‘(III) increased cost-sharing
4 (other than resulting from the rate of
5 inflation) for home and community-
6 based services.
7 ‘‘(C) ACCESS TO SERVICES.—Not later
8 than an implementation date as specified by the
9 Secretary (which may vary for each of the fol-
10 lowing clauses) after the first day of the first
11 fiscal quarter for which a State receives an in-
12 crease to the Federal medical assistance per-
13 centage or other applicable Federal matching
14 percentage under paragraph (1), the State does
15 all of the following to improve access to serv-
16 ices:
17 ‘‘(i) Reduce access barriers and dis-
18 parities in access or utilization of home
19 and community-based services, as de-
20 scribed in the State HCBS improvement
21 plan.
22 ‘‘(ii) Provides coverage of personal
23 care services authorized under subsection
24 (a)(24) for all individuals eligible for and
25 enrolled in medical assistance in the State.
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1419
1 ‘‘(iii) Provides for navigation of home
2 and community-based services through ‘no
3 wrong door’ programs, provides expedited
4 eligibility for home and community-based
5 services, and improves home and commu-
6 nity-based services counseling and edu-
7 cation programs.
8 ‘‘(iv) Expands access to behavioral
9 health services furnished in home and com-
10 munity-based settings.
11 ‘‘(v) Improves coordination of home
12 and community-based services with em-
13 ployment, housing, and transportation sup-
14 ports.
15 ‘‘(vi) Provides supports to family care-
16 givers, such as respite care, caregiver as-
17 sessments, peer supports, or paid family
18 caregiving.
19 ‘‘(vii) Newly provides coverage under,
20 or expands existing eligibility criteria for, 1
21 or more of the eligibility categories author-
22 ized under subclause (XIII), (XV), or
23 (XVI) of section 1902(a)(10)(A)(ii).
24 ‘‘(D) STRENGTHENED AND EXPANDED
25 WORKFORCE.—
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1420
1 ‘‘(i) IN GENERAL.—The State
2 strengthens and expands the direct care
3 workforce that provides home and commu-
4 nity-based services by—
5 ‘‘(I) adopting processes to ensure
6 that payment rates for home and com-
7 munity-based services are sufficient
8 (as defined by the Secretary) to en-
9 sure that care and services are avail-
10 able to the extent described in the
11 State HCBS improvement plan; and
12 ‘‘(II) updating qualification
13 standards (at such time and at such
14 frequency as the Secretary determines
15 appropriate), and developing and
16 adopting training opportunities, for
17 the continuum of providers of home
18 and community-based services, includ-
19 ing programs for independent pro-
20 viders of such services and agency di-
21 rect care workers, as well as unique
22 programs and resources for family
23 caregivers.
24 ‘‘(ii) PAYMENT RATES.—In carrying
25 out clause (i)(I), the State shall—
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1 ‘‘(I) update and, as appropriate,
2 increase payment rates to support re-
3 cruitment and retention of the direct
4 care workforce by 2 years after ap-
5 proval of the improvement plan and,
6 at least every 3 years thereafter,
7 using, through existing or other proc-
8 esses to determine provider payment,
9 a transparent process involving mean-
10 ingful input from stakeholders; and
11 ‘‘(II) ensure that increases in the
12 payment rates for home and commu-
13 nity-based services—
14 ‘‘(aa) at a minimum, result
15 in a proportionate increase to
16 payments for direct care workers
17 and in a manner that is deter-
18 mined with input from the stake-
19 holders described in subclause
20 (II); and
21 ‘‘(bb) are incorporated into
22 provider payment rates for home
23 and community-based services
24 provided under this title by a
25 health plan, under a contract and
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1422
1 paid through capitation rates
2 with the State.
3 ‘‘(3) SELF-DIRECTED MODELS FOR THE DELIV-
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1423
1 checks and addressing complaints reported by
2 recipients of home and community-based serv-
3 ices.
4 ‘‘(D) Facilitating coordination between
5 State and local agencies and direct care workers
6 for matters of public health, training opportuni-
7 ties, changes in program requirements, work-
8 place health and safety, or related matters.
9 ‘‘(E) Supporting beneficiary hiring, if se-
10 lected by the beneficiary, of independent pro-
11 viders of home and community-based services,
12 including by processing applicable tax informa-
13 tion, collecting and processing timesheets, sub-
14 mitting claims and processing payments to such
15 providers.
16 ‘‘(F) To the extent a State permits bene-
17 ficiaries to hire a family member or individual
18 with whom they have an existing relationship to
19 provide home and community-based services,
20 providing support to beneficiaries who wish to
21 hire a caregiver who is a family member or in-
22 dividual with whom they have an existing rela-
23 tionship, such as by facilitating enrollment of
24 such family member or individual as a provider
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1424
1 of home and community-based services under
2 the State plan or a waiver of such plan.
3 ‘‘(G) Ensuring that the program under
4 this paragraph does not promote or prevent the
5 ability of workers to form a labor organization
6 or discriminate against workers who may join
7 or decline to join such an organization.
8 ‘‘(4) REPORTING AND OVERSIGHT.—As condi-
9 tions for receipt of the increase under paragraph (1)
10 to the Federal medical assistance percentage deter-
11 mined for a State, with respect to a fiscal year quar-
12 ter, the State shall meet each of the following re-
13 quirements:
14 ‘‘(A) The State designates (by a date spec-
15 ified by the Secretary) an HCBS ombudsman
16 (or a long-term care ombudsman program of-
17 fice) that—
18 ‘‘(i) operates independently from the
19 State Medicaid agency and managed care
20 entities;
21 ‘‘(ii) provides direct assistance to re-
22 cipients of home and community-based
23 services available under the State Medicaid
24 program and their families; and
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1425
1 ‘‘(iii) identifies and reports systemic
2 problems to State officials, the public, and
3 the Secretary.
4 ‘‘(B) Beginning with the last day of the
5 5th fiscal quarter for which the State is an
6 HCBS program improvement State, and annu-
7 ally thereafter, the State reports to the Sec-
8 retary on the state (as of the most recent quar-
9 ter before the report for which complete data is
10 available and which may be incorporated into
11 the report) of—
12 ‘‘(i) the availability and utilization of
13 home and community-based services,
14 disaggregated (to the extent available and
15 as applicable) by age groups, primary dis-
16 ability, income brackets, gender, race, eth-
17 nicity, geography, primary language, and
18 type of service setting;
19 ‘‘(ii) benefits, turnover and vacancy
20 rates, and average and range of wages for
21 the direct care workforce;
22 ‘‘(iii) changes in payment rates for
23 home and community-based services;
24 ‘‘(iv) implementation of the activities
25 to strengthen and expand access to home
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1426
1 and community-based services and the di-
2 rect care workforce that provides such
3 services in accordance with the require-
4 ments of subparagraphs (C) and (D) of
5 paragraph (2);
6 ‘‘(v) if applicable, implementation of
7 the activities described in paragraph (3);
8 ‘‘(vi) State expenditures for home and
9 community-based services under the State
10 plan or a waiver of such plan as a propor-
11 tion of the total amount of State expendi-
12 tures under the plan or waiver of such plan
13 for long-term services and supports;
14 ‘‘(vii) the challenges in, and best prac-
15 tices identified for expanding access to
16 home and community-based services, re-
17 ducing disparities, and supporting and ex-
18 panding the direct care workforce; and
19 ‘‘(viii) the use of enhanced Federal
20 funding provided under this section.
21 ‘‘(5) BENCHMARKS FOR DEMONSTRATING IM-
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1427
1 cable Federal matching percentage under paragraph
2 (1)(A)(ii) on or after the first date on which a State
3 is an HCBS program improvement State if the
4 State is found to be out of compliance with para-
5 graph (2)(B) or any other requirement of this sub-
6 section and, beginning with such 29th fiscal quarter,
7 unless, not later than 90 days before the first day
8 of such fiscal quarter, the State submits to the Sec-
9 retary a report demonstrating the following improve-
10 ments:
11 ‘‘(A) Increased availability (above a mar-
12 ginal increase) of home and community-based
13 services in the State relative to such availability
14 as reported in the State HCBS improvement
15 plan and adjusted for demographic changes in
16 the State since the submission of such plan.
17 ‘‘(B) Reduced disparities in the utilization
18 and availability of home and community-based
19 services relative to the availability and utiliza-
20 tion of such services by such populations as re-
21 ported in such plan according to age groups,
22 primary disability, income brackets, gender,
23 race, ethnicity, geography, primary language,
24 and type of service setting (to the extent avail-
25 able and applicable), and adjusted for demo-
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1428
1 graphic changes in the State since the submis-
2 sion of such plan.
3 ‘‘(C) Evidence that rates are sufficient (as
4 defined by the Secretary) to ensure access to
5 items and services for individuals eligible for
6 HCBS in such State.
7 ‘‘(D) With respect to the percentage of ex-
8 penditures made by the State for long-term
9 services and supports that are for home and
10 community-based services, in the case of an
11 HCBS program improvement State for which
12 such percentage (as reported in the State
13 HCBS improvement plan) was—
14 ‘‘(i) less than 50 percent, the State
15 demonstrates that the percentage of such
16 expenditures has increased to at least 50
17 percent since the plan was approved; and
18 ‘‘(ii) at least 50 percent, the State
19 demonstrates that such percentage has not
20 decreased since the plan was approved.
21 ‘‘(6) DEFINITIONS.—In this subsection, the
22 terms ‘State Medicaid plan’, ‘direct care worker’,
23 ‘HCBS program improvement State’, ‘health plan’;
24 and ‘home and community-based services’ have the
25 meaning given those terms in section 30711(e) of
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1429
1 the Act titled ‘An Act to provide for reconciliation
2 pursuant to title II of S. Con. Res. 14’.’’.
3 SEC. 30713. FUNDING FOR FEDERAL ACTIVITIES.
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1430
1 SEC. 30714. FUNDING FOR HCBS QUALITY MEASUREMENT
2 AND IMPROVEMENT.
1431
1 into account in applying payment limits under
2 subsections (f) and (g) of this subsection.’’.
3 (b) HCBS QUALITY MEASURES FOR INCREASE.—
4 Title XI of the Social Security Act (42 U.S.C. 1301
5 through 1320e–3) is amended—
6 (1) in section 1139A—
7 (A) in subsection (a)(4)(B)—
8 (i) by striking ‘‘Beginning with the
9 annual State report on fiscal year 2024’’
10 and inserting the following:
11 ‘‘(i) IN GENERAL.—Subject to clause
12 (ii), beginning with the annual State report
13 on fiscal year 2024’’; and
14 (ii) by adding at the end the following
15 new clause:
16 ‘‘(ii) REPORTING HCBS QUALITY
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1432
1 based services quality measures developed
2 under subsection (b)(5)(B) the Secretary
3 shall require States to report such infor-
4 mation using the standardized format for
5 reporting information and procedures de-
6 veloped under subparagraph (A) and using
7 all such home and community-based qual-
8 ity measures developed under subsection
9 (b)(5) (including any updates or changes
10 to such measures).’’; and
11 (B) in subsection (b)(5)—
12 (i) by striking ‘‘Beginning no later
13 than January 1, 2013’’ and inserting the
14 following:
15 ‘‘(A) IN GENERAL.—Beginning no later
16 than January 1, 2013’’; and
17 (ii) by adding at the end the following
18 new subparagraph:
19 ‘‘(B) HCBS QUALITY MEASURES.—Begin-
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1433
1 clude home and community-based services qual-
2 ity measures developed by the Secretary in the
3 manner described in section 1139B(b)(5)(D).
4 The Secretary shall ensure that the application
5 of such measures reflects the full array of home
6 and community-based services, consult with
7 stakeholders with expertise in home and com-
8 munity-based services (including recipients and
9 providers of such services) and allowing for the
10 collection (to the extent available) of data
11 disaggregated by age groups, primary disability,
12 income brackets, gender, race, ethnicity, geog-
13 raphy, primary language, and type of service
14 setting.’’;
15 (C) in subsection (b)(6)
16 (i) by inserting ‘‘or support services’’
17 before ‘‘that is capable of’’;
18 (ii) by striking ‘‘and ambulatory
19 health care and home and community-
20 based settings’’ and inserting ‘‘, ambula-
21 tory health care, and home and commu-
22 nity-based settings’’; and
23 (iii) by inserting ‘‘and home and com-
24 munity-based’’ before ‘‘care system’’; and
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1 (D) in subsection (c)(1), in the matter pre-
2 ceding subparagraph (A), by inserting ‘‘, sub-
3 ject to subsection (a)(4)(B)(ii),’’ before ‘‘annu-
4 ally report’’; and
5 (2) in section 1139B—
6 (A) in subsection (b)—
7 (i) in paragraph (3), by adding at the
8 end the following new subparagraph:
9 ‘‘(C) MANDATORY REPORTING WITH RE-
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1435
1 (5)(D), and any updates or changes to such
2 measures.’’; and
3 (ii) in paragraph (5), by adding at the
4 end the following new subparagraph:
5 ‘‘(D) HCBS QUALITY MEASURES.—
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1436
1 include home and community-based serv-
2 ices quality measures developed in accord-
3 ance with this subparagraph.
4 ‘‘(iii) REQUIREMENTS.—
5 ‘‘(I) IN GENERAL.—In developing
6 (and subsequently reviewing and up-
7 dating) the home and community-
8 based services quality measures in-
9 cluded in the core set of adult health
10 quality measures maintained under
11 this paragraph, the Secretary shall
12 collaborate with relevant agencies
13 across the Department of Health and
14 Human Services and ensure that such
15 measures are informed consultation
16 with stakeholders with expertise in
17 home and community-based services
18 (including recipients and providers of
19 such services).
20 ‘‘(II) FULL ARRAY OF SERV-
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1437
1 ‘‘(III) DEMOGRAPHICS.—Such
2 home and community-based services
3 quality measures shall allow for the
4 collection, to the extent available, of
5 data that is disaggregated by age
6 groups, primary disability, income
7 brackets, gender, race, ethnicity, geog-
8 raphy, primary language, and type of
9 service setting.
10 ‘‘(IV) DEFINITIONS.—For pur-
11 poses of this section and section
12 1139A, the terms ‘home and commu-
13 nity-based services’, and ‘direct care
14 worker’ have the meanings given those
15 terms in section 30711(e) of the Act
16 titled ‘An Act to provide for reconcili-
17 ation pursuant to title II of S. Con.
18 Res. 14’.’’; and
19 (B) in subsection (d)(1)(A), by striking ‘‘;
20 and’’ and inserting ‘‘and, beginning with the re-
21 port for the first year that begins after the date
22 that is 2 years after the Secretary publishes the
23 home and community-based quality measures
24 developed under subsection (b)(5)(D), all home
25 and community-based services quality measures
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1438
1 included in the core set of adult health quality
2 measures maintained under subsection (b)(5)
3 and any updates or changes to such measures;
4 and’’.
5 PART 2—OTHER MEDICAID
9 MUNITY-BASED SERVICES.
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1439
1 (b) CONFORMING AMENDMENT.—Section 2404 of the
2 Patient Protection and Affordable Care Act (42 U.S.C.
3 1396r–5 note) is amended by striking ‘‘September 30,
4 2023’’ and inserting ‘‘the date of the enactment of the
5 Act titled ‘An Act to provide for reconciliation pursuant
6 to title II of S. Con. Res. 14’ ’’.
7 SEC. 30722. PERMANENT EXTENSION OF MONEY FOLLOWS
9 TION.
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1 ‘‘(3) TECHNICAL ASSISTANCE.—Out of the
2 amounts made available under paragraph (1), for
3 the 3-year period beginning with fiscal year 2022
4 and for each subsequent 3-year period, $5,000,000
5 shall be made available for carrying out subsections
6 (f), (g), and (i).’’.
7 (b) REDISTRIBUTION OF UNEXPENDED GRANT
8 AWARDS.—Subsection (e)(2) of section 6071 of the Deficit
9 Reduction Act of 2005 (42 U.S.C. 1396a note) is amended
10 by adding at the end the following new sentence: ‘‘Any
11 portion of a State grant award for a fiscal year under this
12 section that is unexpended by the State at the end of the
13 fourth succeeding fiscal year shall be rescinded by the Sec-
14 retary and added to the appropriation for the fifth suc-
15 ceeding fiscal year.’’.
16 Subtitle F—Social Safety Net
17 SEC. 137001. AMENDMENT OF 1986 CODE.
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1441
1 PART 1—CHILD TAX CREDIT
3 2021.
13 REGULATIONS.—
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1 ‘‘(II) ARRANGEMENTS TO TAKE
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1443
1 ‘‘(4) COORDINATION WITH POSSESSIONS OF
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1 information known to the Secretary,’’ before
2 ‘‘the ages of’’, and
3 (2) in paragraph (3)(A)(ii), by striking ‘‘ pro-
4 vided by the taxpayer’’ and inserting ‘‘provided, or
5 known,’’.
6 (d) DISCLOSURE OF INFORMATION RELATING TO
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1445
1 ‘‘(B) The name and TIN of specified chil-
2 dren.
3 ‘‘(C) Marital status.
4 ‘‘(D) Modified adjusted gross income.
5 ‘‘(E) Principal place of abode.
6 ‘‘(F) Any other factor which the Secretary
7 may provide pursuant to section 7527A(c).’’.
8 (e) EFFECTIVE DATE.—
9 (1) IN GENERAL.—Except as otherwise pro-
10 vided in this subsection, the amendments made by
11 this section shall apply to taxable years beginning,
12 and payments made, after December 31, 2020.
13 (2) DISCLOSURE OF INFORMATION RELATING
20 (a) EXTENSIONS.—
21 (1) EXTENSION OF CHILD TAX CREDIT.—Sec-
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1 (B) by inserting ‘‘AND 2022’’ after ‘‘2021’’
2 in the heading thereof.
3 (2) EXTENSION OF PROVISIONS RELATED TO
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1 (A) in subsection (b)(1), by striking ‘‘50
2 percent of’’,
3 (B) in clauses (i) and (ii) of subsection
4 (e)(4)(C), by inserting ‘‘or 2022’’ after ‘‘in
5 2021’’, and
6 (C) in subsection (f), by striking ‘‘Decem-
7 ber 31, 2021’’ and inserting ‘‘December 31,
8 2022’’.
9 (2) MONTHLY PAYMENTS.—
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1448
1 part C of part IV of subchapter A of chap-
2 ter 1 by reason of section 24(i)(1) with re-
3 spect to the taxpayer for the reference tax-
4 able year.’’,
5 (ii) by redesignating subparagraph
6 (B) as subparagraph (C) and by inserting
7 after subparagraph (A) the following new
8 subparagraph:
9 ‘‘(B) APPLICATION OF MODIFICATIONS TO
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1449
1 (3) ELIGIBILITY FOR ADVANCE PAYMENTS LIM-
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1450
1 (A) in subparagraph (A), by striking ‘‘The
2 advance’’ and inserting ‘‘Except as provided in
3 subparagraph (D), the advance’’, and
4 (B) by adding at the end the following new
5 subparagraph:
6 ‘‘(D) ADVANCE PAYMENTS TO PUERTO
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1 (d) MODIFICATION OF RECAPTURE SAFE HARBOR
2 FOR 2022.—Section 24(j)(2)(B)(iv), as amended by the
3 preceding provisions of this Act, is amended to read as
4 follows:
5 ‘‘(iv) SAFE HARBOR AMOUNT.—For
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1 ‘‘(II) an amount equal to the
2 product of $3,000 multiplied by the
3 excess (if any) of the number of quali-
4 fying children not described in clause
5 (I), and who are taken into account in
6 determining the annual advance
7 amount with respect to the taxpayer
8 under section 7527A with respect to
9 months beginning in such taxable
10 year, over the number of such quali-
11 fying children taken into account in
12 determining the credit allowed under
13 this section for such taxable year.’’.
14 (e) REPEAL OF SOCIAL SECURITY NUMBER RE-
15 QUIREMENT.—
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1 (f) EFFECTIVE DATE.—The amendments made by
2 this section shall apply to taxable years beginning, and
3 payments made, after December 31, 2021.
4 SEC. 137103. REFUNDABLE CHILD TAX CREDIT AFTER 2022.
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1 (1) PUERTO RICO.—Section 24(k)(2)(B), as
2 amended by the preceding provisions of this Act, is
3 amended to read as follows:
4 ‘‘(B) APPLICATION TO TAXABLE YEARS
22 2022.
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1 (b) INFLATION ADJUSTMENT.—Section 32(n)(4)(B)
2 is amended to read as follows:
3 ‘‘(B) INFLATION ADJUSTMENT.—In the
4 case of any taxable year beginning after 2021,
5 the $9,820 and $11,610 dollar amounts in sub-
6 paragraph (A) shall be increased by an amount
7 equal to—
8 ‘‘(i) such dollar amount, multiplied by
9 ‘‘(ii) the cost-of-living adjustment de-
10 termined under section 1(f)(3) for the cal-
11 endar year in which the taxable year be-
12 gins, determined by substituting ‘calendar
13 year 2020’ for ‘calendar year 2016’ in sub-
14 paragraph (A)(ii) thereof.’’.
15 (c) ELECTION TO DETERMINE EARNED INCOME
16 BASED ON PRIOR TAXABLE YEAR.—Section 32, as
17 amended by subsection (f), is amended by adding at the
18 end the following new subsection:
19 ‘‘(o) ELECTION TO DETERMINE EARNED INCOME
20 BASED ON PRIOR TAXABLE YEAR.—
21 ‘‘(1) IN GENERAL.—In the case of a taxpayer
22 whose earned income for any taxable year beginning
23 after December 31, 2021, and before January 1,
24 2023, is less than the earned income of such tax-
25 payer for the preceding taxable year, if such tax-
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1456
1 payer elects (at such time and in such manner as
2 the Secretary may provide) the application of this
3 subsection for such taxable year, the earned income
4 of such taxpayer for such taxable year shall be treat-
5 ed for purposes of this section as being equal to the
6 earned income of such taxpayer for such preceding
7 taxable year.
8 ‘‘(2) JOINT RETURNS.—For purposes of this
9 subsection, in the case of a joint return, the earned
10 income of the taxpayer for the preceding taxable
11 year shall be the sum of the earned income of each
12 spouse for the preceding taxable year.
13 ‘‘(3) TREATMENT AS MATHEMATICAL OR CLER-
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1 applied without regard to this subsection unless such
2 provision specifically provides otherwise.’’.
3 (d) EFFECTIVE DATE.—The amendments made by
4 this section shall apply to taxable years beginning after
5 December 31, 2021.
6 SEC. 137202. FUNDS FOR ADMINISTRATION OF EARNED IN-
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1 (A), by striking the period at the end of subparagraph
2 (B) and inserting ‘‘, plus’’, and by adding at the end the
3 following new subparagraph:
4 ‘‘(C) reasonable administrative costs asso-
5 ciated with the provision of the earned income
6 tax credit not in excess of $200,000.’’.
7 (d) EFFECTIVE DATE.—The amendments made by
8 this section shall apply to payments made for calendar
9 years beginning after December 31, 2021.
10 PART 3—EXPANDING ACCESS TO HEALTH
14 CONSUMERS.
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1 lowing table shall be applied in lieu of the
2 table contained in clause (i):’’.
3 (b) EXTENSION THROUGH 2025 OF RULE TO ALLOW
4 CREDIT TO TAXPAYERS WHOSE HOUSEHOLD INCOME
5 EXCEEDS 400 PERCENT OF THE POVERTY LINE.—Sec-
6 tion 36B(c)(1)(E) is amended—
7 (1) by striking ‘‘in 2021 or 2022’’ and inserting
8 ‘‘after December 31, 2020, and before January 1,
9 2026’’, and
10 (2) by striking ‘‘AND 2022’’ in the heading
11 thereof and inserting ‘‘THROUGH 2025’’.
12 (c) EFFECTIVE DATE.—The amendments made by
13 this section shall apply to taxable years beginning after
14 December 31, 2021.
15 SEC. 137302. MODIFICATION OF EMPLOYER-SPONSORED
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1460
1 taxable year beginning after December 31, 2021, and be-
2 fore January 1, 2026)’’ after ‘‘9.5 percent’’.
3 (c) PERCENTAGES DETERMINED WITHOUT REGARD
4 TO ADJUSTMENTS AFTER 2025.—
5 (1) Section 36B(c)(2)(C) is amended by strik-
6 ing clause (iv).
7 (2) Section 36B(c)(4) is amended by striking
8 subparagraph (F).
9 (d) EFFECTIVE DATE.—The amendments made by
10 this section shall apply to taxable years beginning after
11 December 31, 2021.
12 SEC. 137303. TREATMENT OF LUMP-SUM SOCIAL SECURITY
14 COME.
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1461
1 ‘‘(ii) LUMP-SUM SOCIAL SECURITY
20 LOW-INCOME POPULATIONS.
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1 ‘‘(h) CERTAIN TEMPORARY RULES BEGINNING IN
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1463
1 months of a taxable year if the employee’s household
2 income for such taxable year does not exceed 138
3 percent of the poverty line for a family of the size
4 involved.
5 ‘‘(4) LIMITATIONS ON RECAPTURE.—
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1464
1 such Act for any portion of such taxable
2 year, and
3 ‘‘(ii) such taxpayer’s household in-
4 come for such taxable year is projected to
5 not exceed 138 percent of the poverty line
6 for a family of the size involved,
7 subsection (f)(2)(A) shall not apply to such tax-
8 payer for such taxable year and such taxpayer
9 shall not be required to file such return of tax.
10 ‘‘(C) INFORMATION PROVIDED BY EX-
24 COST-SHARING REDUCTION.—
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1 ‘‘(A) IN GENERAL.—The term ‘applicable
2 premium tax credit and cost-sharing reduction’
3 means—
4 ‘‘(i) any premium tax credit allowed
5 under section 36B,
6 ‘‘(ii) any cost-sharing reduction under
7 section 1402 of the Patient Protection and
8 Affordable Care Act, and
9 ‘‘(iii) any advance payment of such
10 credit or reduction under section 1412 of
11 such Act.
12 ‘‘(B) EXCEPTION WITH RESPECT TO CER-
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1466
1 percent of the poverty line for a family of
2 the size involved, or
3 ‘‘(ii) such employee’s household in-
4 come for such taxable year does not exceed
5 138 percent of the poverty line for a family
6 of the size involved.’’.
7 (c) EFFECTIVE DATE.—The amendments made by
8 this section shall apply to taxable years beginning after
9 December 31, 2021.
10 SEC. 137305. SPECIAL RULE FOR INDIVIDUALS RECEIVING
11 UNEMPLOYMENT COMPENSATION.
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1 SEC. 137306. PERMANENT CREDIT FOR HEALTH INSURANCE
2 COSTS.
24 ENT INCOME.—
1468
1 (A)(ii) the modified adjusted gross income
2 of any dependent of the taxpayer who has
3 not attained age 24 as of the last day of
4 the calendar year in which the taxable year
5 of the taxpayer begins.
6 ‘‘(ii) LIMITATION.—Clause (i) shall
7 not apply to so much of the aggregate of
8 the modified adjusted gross income of all
9 dependents of the taxpayer who have not
10 attained the age described in such clause
11 as exceeds $3,500.
12 ‘‘(iii) ELECTION TO HAVE SUBPARA-
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1 ‘‘(I) such amount, multiplied by
2 ‘‘(II) the cost-of-living adjust-
3 ment determined under section 1(f)(3)
4 for the calendar year in which the tax-
5 able year begins, determined by sub-
6 stituting ‘calendar year 2022’ for ‘cal-
7 endar year 2016’ in subparagraph
8 (A)(ii) thereof.
9 If any increase determined under the pre-
10 ceding sentence is not a multiple of $100,
11 such increase shall be rounded to the next
12 lowest multiple of $100.’’.
13 (b) CONFORMING AMENDMENTS.—
14 (1) Section 36B(d)(2)(A)(ii) is amended by in-
15 serting ‘‘, except as provided in subparagraph (D),’’
16 after ‘‘individuals’’.
17 (2) Section 1411(b)(3) of the Patient Protec-
18 tion and Affordable Care Act (42 U.S.C. 18081) is
19 amended by adding at the end the following new
20 subparagraph:
21 ‘‘(D) INFORMATION REGARDING CERTAIN
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1 come of each such individual for the taxable
2 year described in subparagraph (A).’’.
3 (c) EFFECTIVE DATE.—The amendments made by
4 this section shall apply to credits allowed under section
5 36B of the Internal Revenue Code of 1986 for, and ad-
6 vance payments of credits under section 1412 of the Pa-
7 tient Protection and Affordable Care Act with respect to,
8 taxable years beginning after December 31, 2022.
9 PART 4—PATHWAY TO PRACTICE TRAINING
10 PROGRAMS
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1 and Underserved Pathway to Practice Training Programs
2 for Medical Residents under section 1886(h)(4)(H)(vii) of
3 such Act (42 U.S.C. 1395ww(h)(4)(H)(vii)). Amounts
4 transferred under the preceding sentence shall remain
5 available until expended.
6 SEC. 137402. ESTABLISHING RURAL AND UNDERSERVED
10 (a) PROGRAM.—
11 (1) IN GENERAL.—Title XVIII of the Social Se-
12 curity Act (42 U.S.C. 1395 et seq.) is amended by
13 adding at the end the following new section:
14 ‘‘SEC. 1899C. RURAL AND UNDERSERVED PATHWAY TO
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1 of increasing the number of physicians practicing in rural
2 and underserved communities.
3 ‘‘(b) QUALIFYING STUDENT DESCRIBED.—For pur-
4 poses of this section, a qualifying student described in this
5 subsection is an individual who—
6 ‘‘(1) attests he or she—
7 ‘‘(A) is or will be a first-generation student
8 of a 4-year college, graduate school, or profes-
9 sional school;
10 ‘‘(B) was a Pell Grant recipient; or
11 ‘‘(C) lived in a medically underserved area,
12 rural area, or health professional shortage area
13 for a period of 4 or more years prior to attend-
14 ing an undergraduate program;
15 ‘‘(2) has accepted enrollment in—
16 ‘‘(A) a post-baccalaureate program that is
17 not more than 2 years and intends to enroll in
18 a qualifying medical school within 2 years after
19 completion of such program; or
20 ‘‘(B) a qualifying medical school;
21 ‘‘(3) will practice medicine in a health profes-
22 sional shortage area, medically underserved area,
23 public hospital, rural area, or as required under sub-
24 section (d)(5); and
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1473
1 ‘‘(4) submits an application and a signed copy
2 of the agreement described under subsection (c).
3 ‘‘(c) APPLICATIONS.—
4 ‘‘(1) IN GENERAL.—To be eligible to receive a
5 Pathway to Practice medical scholarship voucher
6 under this section, a qualifying student described in
7 subsection (b) shall submit to the Secretary an ap-
8 plication at such time, in such manner, and con-
9 taining such information as the Secretary may re-
10 quire.
11 ‘‘(2) INFORMATION TO BE INCLUDED.—As a
12 part of the application described in paragraph (1),
13 the Secretary shall include a notice of the items
14 which are required to be agreed to under subsection
15 (d)(4) for the purpose of notifying the qualifying
16 student of the terms of the Rural and Underserved
17 Pathway to Practice Training Program for Post-
18 Baccalaureate and Medical Students.
19 ‘‘(d) PATHWAY TO PRACTICE MEDICAL SCHOLAR-
20 SHIP VOUCHER DETAILS.—
21 ‘‘(1) NUMBER.—On an annual basis, the Sec-
22 retary shall award a Pathway to Practice medical
23 scholarship voucher under the Program to 1,000
24 qualifying students described in subsection (b).
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1 ‘‘(2) PRIORITIZATION CRITERIA.—In deter-
2 mining whether to award a Pathway to Practice
3 medical scholarship voucher under the Program to
4 qualifying students described in subsection (b), the
5 Secretary shall prioritize applications from any such
6 student who attests that he or she—
7 ‘‘(A) was a participant in the Health Re-
8 sources and Services Administration Health Ca-
9 reers Opportunity Program, Centers of Excel-
10 lence Program, or an Area Health Education
11 Center program;
12 ‘‘(B) is a disadvantaged student (as de-
13 fined by the National Health Service Corps of
14 the Health Resources & Services Administration
15 of the Department of Health and Human Serv-
16 ices); or
17 ‘‘(C) attended a historically black college
18 or other minority serving institution (as defined
19 in section 1067q of title 20, United States
20 Code).
21 ‘‘(3) DURATION.—Each Pathway to Practice
22 medical scholarship voucher awarded to a qualifying
23 student pursuant to paragraph (1) shall be so
24 awarded to such a student on an annual basis for
25 each year of enrollment in a post-baccalaureate pro-
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1475
1 gram and a qualifying medical school (as appro-
2 priate).
3 ‘‘(4) AMOUNT.—Subject to paragraph (5), each
4 Pathway to Practice medical scholarship voucher
5 awarded under the Program shall include amounts
6 for—
7 ‘‘(A) tuition;
8 ‘‘(B) academic fees (as determined by the
9 qualifying medical school);
10 ‘‘(C) required textbooks and equipment;
11 ‘‘(D) a monthly stipend equal to the
12 amount provided for individuals under the
13 health professions scholarship and financial as-
14 sistance program for active service stipend
15 monthly rate; and
16 ‘‘(E) any other educational expenses nor-
17 mally incurred by students at the post-bacca-
18 laureate program or qualifying medical school
19 (as appropriate).
20 ‘‘(5) REQUIRED AGREEMENT.—No amounts
21 under paragraph (4) may be provided a qualifying
22 student awarded a Pathway to Practice medical
23 scholarship voucher under the Program unless the
24 qualifying student submits to the Secretary an
25 agreement to—
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1476
1 ‘‘(A) complete a post-baccalaureate pro-
2 gram that is not more than 2 years (if applica-
3 ble pursuant to the option under subsection
4 (b)(2)(A));
5 ‘‘(B) graduate from a qualifying medical
6 school;
7 ‘‘(C) complete a residency program in an
8 approved residency training program (as de-
9 fined in section 1886(h)(5)(A));
10 ‘‘(D) complete an initial residency period
11 or the period of board eligibility;
12 ‘‘(E) practice medicine for at least the
13 number of years of the Pathway to Practice
14 medical scholarship voucher awarded under
15 paragraph (2) after a residency program in a
16 health professional shortage area, a medically
17 underserved area, a public hospital, or a rural
18 area, and during such period annually submit
19 documentation with respect to whether the
20 qualifying student practices medicine in such an
21 area and where;
22 ‘‘(F) for the purpose of determining com-
23 pliance with subparagraph (E), not later than
24 180 days after the date on which qualifying stu-
25 dent completes a residency program, provide to
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1477
1 the Secretary information with respect to where
2 the qualifying student is practicing medicine
3 following the period described in such subpara-
4 graph;
5 ‘‘(G) except in the case of a waiver for
6 hardship pursuant to section 1892(f)(3), be lia-
7 ble to the United States pursuant to section
8 1892 for any amounts received under this Pro-
9 gram that is determined a past-due obligation
10 under subsection (b)(3) of such section in the
11 case qualifying student fails to complete all of
12 the requirements of this agreement under this
13 subsection; and
14 ‘‘(H) for the purpose of determining the
15 amount of Pathway to Practice medical scholar-
16 ship vouchers paid or incurred by a qualifying
17 medical school or any provider of a post-bacca-
18 laureate program referred to in subsection
19 (b)(2)(A) for the costs of tuition under para-
20 graph (4)(A), consent to any personally identi-
21 fying information being shared with the Sec-
22 retary of the Treasury.
23 ‘‘(6) RESPONSIBILITIES OF PARTICIPATING
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1 arship voucher under paragraph (2) shall be made
2 with respect to a specific qualifying medical school
3 or to a post-baccalaureate program that is not more
4 than 2 years and such school or program shall (as
5 a condition of, and prior to, such award being made
6 with respect to such school or program)—
7 ‘‘(A) submit to the Secretary such infor-
8 mation as the Secretary may require to deter-
9 mine the amount of such award on the basis of
10 the costs of the costs of the items specified
11 under paragraph (4) (except for subparagraph
12 (D)) with respect to such school or program,
13 and
14 ‘‘(B) enter into an agreement with the Sec-
15 retary under which such school or provider will
16 verify (in such manner as the Secretary may
17 provide) that amounts paid by such school or
18 provider to the qualifying student are used for
19 such costs.
20 ‘‘(e) DEFINITIONS.—In this section:
21 ‘‘(1) HEALTH PROFESSIONAL SHORTAGE
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1 ‘‘(2) INITIAL RESIDENCY PERIOD.—The term
2 ‘initial residency period’ has the meaning given such
3 term in section 1886(h)(5)(F).
4 ‘‘(3) MEDICALLY UNDERSERVED AREA.—The
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1 ‘‘(A) for each academic year, enrolls at
2 least 10 qualifying students who are in enrolled
3 in such a school;
4 ‘‘(B) requires qualifying students to enroll
5 in didactic coursework and clinical experience
6 applicable to practicing medicine in health pro-
7 fessional shortage areas, medically underserved
8 areas, or rural areas, including—
9 ‘‘(i) clinical rotations in such areas in
10 applicable specialties (as applicable and as
11 available);
12 ‘‘(ii) coursework or training experi-
13 ences focused on medical issues prevalent
14 in such areas and cultural or structural
15 competency; and
16 ‘‘(C) is located in a State (as defined in
17 section 210(h)).
18 ‘‘(7) RURAL AREA.—The term ‘rural area’ has
19 the meaning given such term in section
20 1886(d)(2)(D).
21 ‘‘(f) PENALTY FOR FALSE INFORMATION.—Any per-
22 son who knowingly and willfully obtains by fraud, false
23 statement, or forgery, or fails to refund any funds, assets,
24 or property provided under this section or attempts to so
25 obtain by fraud, false statement or forgery, or fail to re-
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1481
1 fund any funds, assets, or property, received pursuant to
2 this section shall be fined not more than $20,000 or im-
3 prisoned for not more than 5 years, or both.’’.
4 (2) AGREEMENTS.—Section 1892 of the Social
5 Security Act (42 U.S.C. 1395ccc) is amended—
6 (A) in subsection (a)(1)(A)—
7 (i) by striking ‘‘, or the’’ and inserting
8 ‘‘, the’’; and
9 (ii) by inserting ‘‘or the Rural and
10 Underserved Pathway to Practice Training
11 Program for Post- Baccalaureate and Med-
12 ical Students under section 1899C’’ before
13 ‘‘, owes a past-due obligation’’;
14 (B) in subsection (b)—
15 (i) in paragraph (1), by striking at
16 the end ‘‘or’’;
17 (ii) in paragraph (2), by striking the
18 period at the end and inserting ‘‘; or’’; and
19 (iii) by adding the end the following
20 new paragraph:
21 ‘‘(3) subject to subsection (f), owed by an indi-
22 vidual to the United States by breach of an agree-
23 ment under section 1899C(c) and which payment
24 has not been paid by the individual for any amounts
25 received under the Rural and Underserved Pathway
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1482
1 to Practice Training Program for Post-Bacca-
2 laureate and Medical Students (and accrued interest
3 determined in accordance with subsection (f)(4)) in
4 the case such individual fails to complete the re-
5 quirements of such agreement.’’; and
6 (C) by adding at the end the following new
7 subsection:
8 ‘‘(f) AUTHORITIES WITH RESPECT TO THE COLLEC-
9 TION UNDER THE PATHWAY TO PRACTICE TRAINING
10 PROGRAM.—The Secretary—
11 ‘‘(1) shall require payment to the United States
12 for any amount of damages that the United States
13 is entitled to recover under subsection (b)(3), within
14 the 5-year period beginning on the date an eligible
15 individual fails to complete the requirements of such
16 agreement under section 1899C(d)(5) (or such
17 longer period beginning on such date as specified by
18 the Secretary), and any such amounts not paid with-
19 in such period shall be subject to collection through
20 deductions in Medicare payments pursuant to sub-
21 section (e);
22 ‘‘(2) shall allow payments described in para-
23 graph (1) to be paid in installments over such 5-year
24 period, which shall accrue interest in an amount de-
25 termined pursuant to paragraph (5);
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1483
1 ‘‘(3) shall waive the requirement for an indi-
2 vidual to pay a past-due obligation under subsection
3 (b)(3) in the case of hardship (as determined by the
4 Secretary);
5 ‘‘(4) shall not disclose any past-due obligation
6 under subsection (b)(3) that is owed to the United
7 States to any credit reporting agency that the
8 United States entitled to be recovered the United
9 States under this section; and
10 ‘‘(5) shall make a final determination of wheth-
11 er the amount of payment under section 1899C
12 made to a qualifying student (as described in sub-
13 section (b) of such section) was in excess of or less
14 than the amount of payment that is due, and pay-
15 ment of such excess or deficit is not made (or ef-
16 fected by offset) within 90 days of the date of the
17 determination, and interest shall accrue on the bal-
18 ance of such excess or deficit not paid or offset (to
19 the extent that the balance is owed by or owing to
20 the provider) at a rate determined in accordance
21 with the regulations of the Secretary of the Treasury
22 applicable to charges for late payments.’’.
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1484
1 SEC. 137403. FUNDING FOR THE RURAL AND UNDERSERVED
1485
1 ticipation of, an expense described in subparagraphs
2 (A) through (E) of paragraph (4) of section
3 1899C(d) of the Social Security Act and is subject
4 to verification in such manner as the Secretary of
5 Health and Human Services may provide under
6 paragraph (6) of such section, and
7 ‘‘(2) in the case of any amount credited by a
8 qualified educational institution against a liability
9 owed by the qualifying student to such institution,
10 such amount shall be treated as paid by such insti-
11 tution to such student as of the date that such liabil-
12 ity would otherwise be due.
13 ‘‘(c) DEFINITIONS.—For purposes of this section—
14 ‘‘(1) QUALIFIED EDUCATIONAL INSTITUTION.—
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1 ‘‘(2) QUALIFYING STUDENT.—The term ‘quali-
2 fying student’ means any student to whom the Sec-
3 retary of Health and Human Services has made an
4 annual award of a Pathway to Practice medical
5 scholarship voucher under section 1899C of the So-
6 cial Security Act.
7 ‘‘(3) ANNUAL AWARD OF A PATHWAY TO PRAC-
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1 (b) CONFORMING AMENDMENTS.—
2 (1) Section 6211(b)(4)(A), as amended by the
3 preceding provisions of this Act, is amended by in-
4 serting ‘‘36G,’’ after ‘‘36F,’’.
5 (2) Paragraph (2) of section 1324(b) of title
6 31, United States Code, as amended by the pre-
7 ceding provisions of this Act, is amended by insert-
8 ing ‘‘36G,’’ after ‘‘36F,’’.
9 (3) The table of sections for subpart C of part
10 IV of subchapter A of chapter 1 of the Internal Rev-
11 enue Code of 1986, and amended by the preceding
12 provisions of this Act, is amended by inserting after
13 the item relating to section 36F the following new
14 item:
‘‘Sec. 36G. Pathway to Practice medical scholarship voucher credit.’’.
1488
1 with respect to such institution. Terms used in this sub-
2 paragraph shall have the same meaning as when used is
3 such section 36G.
4 (d) EFFECTIVE DATE.—The amendments made by
5 this section shall apply to taxable years ending after the
6 date of the enactment of this Act.
7 SEC. 137404. ESTABLISHING RURAL AND UNDERSERVED
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1489
1 clause (II)) trains in an applicable
2 hospital or hospitals (as defined in
3 subclause (III)) in an approved Rural
4 and Underserved Pathway to Practice
5 Medical Residency Training Program
6 (as defined in subclause (V)), the Sec-
7 retary shall, for such cost reporting
8 period by the number of full-time
9 equivalent residents so trained under
10 such program during such period, ex-
11 clude from the limitation under sub-
12 paragraph (F).
13 ‘‘(II) QUALIFYING RESIDENT.—
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1490
1 hospital or hospitals’ means any hos-
2 pital that—
3 ‘‘(aa) has established an ap-
4 proved Rural and Underserved
5 Pathway to Practice Medical
6 Residency Training Program;
7 ‘‘(bb) agrees to provide data
8 to the Secretary with respect to
9 where such residents practice
10 medicine or participate in fellow-
11 ships following their residencies;
12 and
13 ‘‘(cc) agrees to promote
14 community-based training of resi-
15 dents under such program, as ap-
16 propriate.
17 ‘‘(IV) RURAL AND UNDER-
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1491
1 by the Accreditation Council for Grad-
2 uate Medical Education as meeting
3 the following requirements:
4 ‘‘(aa) Such program pro-
5 vides mentorships for residents.
6 ‘‘(bb) Such program in-
7 cludes cultural or structural com-
8 petency as part of the training of
9 residents under such program.
10 ‘‘(cc) The program has a
11 demonstrated record of training
12 medical students in health pro-
13 fessional shortage areas (as de-
14 fined in section 332(a)(1)(A) of
15 the Public Health Service Act).
16 ‘‘(V) OTHER DEFINITIONS.—
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1492
1 cally underserved area’ means an
2 area designated pursuant to sec-
3 tion 330(b)(3)(A) of the Public
4 Health Service Act.
5 ‘‘(cc) QUALIFYING MEDICAL
21 INFRASTRUCTURE.
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1 ‘‘SEC. 45AA. PUBLIC UNIVERSITY RESEARCH INFRASTRUC-
2 TURE CREDIT.
1494
1 to the extent that it is designated as such by a cer-
2 tified educational institution under subsection (d).
3 ‘‘(c) DEFINITIONS.—For purposes of this section—
4 ‘‘(1) QUALIFYING PROJECT.—The term ‘quali-
5 fying project’ means a project to purchase, con-
6 struct, or improve research infrastructure property.
7 ‘‘(2) RESEARCH INFRASTRUCTURE PROP-
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1495
1 administering credit amounts on behalf of such
2 institution.
3 ‘‘(4) CERTIFIED EDUCATIONAL INSTITUTION.—
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1496
1 cational institutions as qualified cash con-
2 tributions.
3 ‘‘(B) LIMITATIONS.—
4 ‘‘(i) ALLOCATION LIMITATION PER IN-
10 TION.—
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1 succeeding calendar year and added to
2 the limitation allowable under such
3 subclause for such succeeding cal-
4 endar year.
5 ‘‘(iii) DESIGNATION LIMITATION.—
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1 targeted research within disciplines in science,
2 mathematics, engineering, and technology, and
3 ‘‘(B) in a manner that ensures consider-
4 ation is given to eligible educational institutions
5 with full-time student populations of less than
6 12,000.
7 ‘‘(4) DESIGNATION OF QUALIFIED CASH CON-
14 IGNATIONS.—
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1499
1 time, form, and manner as the Secretary may
2 require.
3 ‘‘(e) REGULATIONS AND GUIDANCE.—The Secretary,
4 after consultation with the Secretary of Education when
5 applicable, shall prescribe such regulations and guidance
6 as may be necessary or appropriate to carry out the pur-
7 poses of this section, including regulations or other guid-
8 ance for—
9 ‘‘(1) prevention of abuse,
10 ‘‘(2) establishment of reporting requirements,
11 ‘‘(3) establishment of selection criteria for ap-
12 plications, and
13 ‘‘(4) disclosure of allocations.
14 ‘‘(f) PENALTY FOR NONCOMPLIANCE.—
15 ‘‘(1) IN GENERAL.—If at any time during the
16 5-year period beginning on the date of the allocation
17 of credit amounts to a certified educational institu-
18 tion under subsection (d)(1)(A)(i) there is a non-
19 compliance event with respect to such credit
20 amounts, then the following rules shall apply:
21 ‘‘(A) GENERAL RULE.—Any cash contribu-
22 tion designated as a qualifying cash contribu-
23 tion with respect to a qualifying project for
24 which such credit amounts were allocated under
25 subsection (d)(1)(A)(ii) shall be treated as un-
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1500
1 related business taxable income (as defined in
2 section 512) of such certified educational insti-
3 tution.
4 ‘‘(B) RULE FOR UNUSED CREDIT
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1501
1 ‘‘(ii) a period of time that the Sec-
2 retary determines is appropriate, or
3 ‘‘(C) the research infrastructure property
4 placed in service as part of a qualifying project
5 with respect to which such credit amount was
6 allocated ceases to be used for research within
7 five years after such property is placed in serv-
8 ice.
9 ‘‘(g) REVIEW AND REALLOCATION OF CREDIT
10 AMOUNTS.—
11 ‘‘(1) REVIEW.—Not later than 5 years after the
12 date of enactment of this section, the Secretary shall
13 review the credit amounts allocated under this sec-
14 tion as of such date.
15 ‘‘(2) REALLOCATION.—
16 ‘‘(A) IN GENERAL.—The Secretary may re-
17 allocate credit amounts allocated under this sec-
18 tion if the Secretary determines, as of the date
19 of the review in paragraph (1), that such credit
20 amounts are subject to a noncompliance event.
21 ‘‘(B) ADDITIONAL PROGRAM.—If the Sec-
22 retary determines that credits under this sec-
23 tion are available for reallocation pursuant to
24 the requirements set forth in subparagraph (A),
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1502
1 the Secretary is authorized to conduct an addi-
2 tional program for applications for certification.
3 ‘‘(C) DEADLINE FOR REALLOCATION.—
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1 (c) CLERICAL AMENDMENT.—The table of sections
2 for subpart D of part IV of subchapter A of chapter 1,
3 as amended by the preceding provisions of this Act, is
4 amended by adding at the end the following new item:
‘‘Sec. 45AA. Public university research infrastructure credit.’’.
10 UNIVERSITIES.
1504
1 its first-time, full-time undergraduate stu-
2 dents for academic periods beginning dur-
3 ing the taxable year, over
4 ‘‘(ii) an amount equal to 20 percent of
5 the aggregate undergraduate tuition and
6 fees received by the institution from first-
7 time, full-time undergraduate students for
8 such academic periods, bears to
9 ‘‘(B) an amount equal to 13 percent of
10 such aggregate undergraduate tuition and fees
11 so received.
12 ‘‘(2) INSTITUTION MUST MEET REPORTING RE-
13 QUIREMENT.—
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1505
1 ‘‘(i) All such students.
2 ‘‘(ii) The students who have been
3 awarded a Federal Pell Grant under sub-
4 part 1 of part A of title IV of the Higher
5 Education Act of 1965 for attendance at
6 the institution.
7 ‘‘(iii) The students who received work-
8 study assistance under part C of title IV of
9 such Act for attendance at such institu-
10 tion.
11 ‘‘(iv) The students who were provided
12 such Federal student loans.
13 ‘‘(B) FORM AND MANNER FOR REPORT.—
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1506
1 ‘‘(3) OTHER DEFINITIONS.—For purposes of
2 this subsection—
3 ‘‘(A) FIRST-TIME, FULL-TIME UNDER-
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1507
1 ‘‘(A) such dollar amount, multiplied by
2 ‘‘(B) the cost-of-living adjustment deter-
3 mined under section 1(f)(3) for the calendar
4 year in which the taxable year begins, deter-
5 mined by substituting ‘calendar year 2021’ for
6 ‘calendar year 2016’ in subparagraph (A)(ii)
7 thereof.
8 If any increase determined under this paragraph is
9 not a multiple of $1,000, such increase shall be
10 rounded to the nearest multiple of $1,000.’’.
11 (c) CLARIFICATION OF 500 STUDENT THRESH-
12 OLD.—Section 4968(b)(1)(A) is amended by inserting
13 ‘‘below the graduate level’’ after ‘‘500 tuition-paying stu-
14 dents’’.
15 (d) EFFECTIVE DATE.—The amendment made by
16 this section shall apply to taxable years beginning after
17 December 31, 2021.
18 SEC. 137503. TREATMENT OF FEDERAL PELL GRANTS FOR
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1508
1 accordance with the conditions of the grant,
2 such amount was used for qualified tuition and
3 related expenses, or
4 ‘‘(B) as a Federal Pell Grant under section
5 401 of the Higher Education Act of 1965.’’.
6 (b) TREATMENT FOR PURPOSES OF AMERICAN OP-
7 PORTUNITY TAX CREDIT AND LIFETIME LEARNING
8 CREDIT.—Section 25A(g)(2) is amended—
9 (1) in subparagraph (A), by inserting ‘‘de-
10 scribed in section 117(b)(1)(A)’’ after ‘‘a qualified
11 scholarship’’, and
12 (2) in subparagraph (C), by inserting ‘‘or Fed-
13 eral Pell Grant under section 401 of the Higher
14 Education Act of 1965’’ after ‘‘within the meaning
15 of section 102(a)’’.
16 (c) EFFECTIVE DATE.—The amendment made by
17 this section shall apply to taxable years beginning after
18 December 31, 2021.
19 SEC. 137504. REPEAL OF DENIAL OF AMERICAN OPPOR-
21 DRUG CONVICTION.
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1 (b) EFFECTIVE DATE.—The amendment made by
2 this section shall apply to taxable years beginning after
3 December 31, 2021.
4 Subtitle G—Responsibly Funding
5 Our Priorities
6 SEC. 138001. AMENDMENT OF 1986 CODE.
14 REFORMS
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1 ‘‘(i) 15 percent of the adjusted finan-
2 cial statement income for the taxable year
3 (as determined under section 56A), over
4 ‘‘(ii) the corporate AMT foreign tax
5 credit for the taxable year.
6 ‘‘(B) OTHER CORPORATIONS.—In the case
7 of any corporation which is not an applicable
8 corporation, the tentative minimum tax for the
9 taxable year shall be zero.’’.
10 (2) APPLICABLE CORPORATION.—Section 59 is
11 amended by adding at the end the following new
12 subsection:
13 ‘‘(k) APPLICABLE CORPORATION.—For purposes of
14 this part—
15 ‘‘(1) APPLICABLE CORPORATION DEFINED.—
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1511
1 annual adjusted financial statement income
2 (determined without regard to the applica-
3 tion of paragraph (2)) which is
4 $100,000,000 or more.
5 ‘‘(B) APPLICABLE 3-TAXABLE YEAR PE-
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1512
1 such corporation under subparagraph
2 (A), and
3 ‘‘(ii) the Secretary determines that it
4 would not be appropriate to continue to
5 treat such corporation as an applicable cor-
6 poration.
7 The preceding sentence shall not apply to any
8 corporation if, after the Secretary makes the
9 determination described in clause (ii), such cor-
10 poration meets the requirements of subpara-
11 graph (A) for any applicable 3-taxable year pe-
12 riod beginning after the first taxable year for
13 which the determination applies.
14 ‘‘(D) SPECIAL RULES FOR DETERMINING
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1513
1 paragraphs (C) and (D) of section
2 1563(b)(2) shall be disregarded,
3 ‘‘(ii) in the case of a foreign corpora-
4 tion, only income described in section
5 56A(c)(3) and income that is, or is treated
6 as, effectively connected with the conduct
7 of a trade or business in the United
8 States) shall be taken into account.
9 ‘‘(E) OTHER SPECIAL RULES.—
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1514
1 graph to a corporation shall include a ref-
2 erence to any predecessor of such corpora-
3 tion.
4 ‘‘(2) SPECIAL RULE FOR FOREIGN-PARENTED
5 CORPORATIONS.—
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1515
1 ‘‘(II) at least one entity is a do-
2 mestic corporation and another entity
3 is a foreign corporation, and
4 ‘‘(ii) such entities are included in the
5 same applicable financial statement with
6 respect to such year.
7 ‘‘(3) REGULATIONS AND OTHER GUIDANCE.—
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1516
1 (B)(i) Section 55(b)(1) is amended—
2 (I) by striking so much as precedes
3 subparagraph (A) and inserting the fol-
4 lowing:
5 ‘‘(1) NONCORPORATE TAXPAYERS.—In the case
6 of a taxpayer other than a corporation—’’, and
7 (II) by adding at the end the fol-
8 lowing new subparagraph:
9 ‘‘(D) ALTERNATIVE MINIMUM TAXABLE IN-
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1517
1 (ii) Section 860E(a)(4) is amended by
2 striking ‘‘55(b)(2)’’ and inserting
3 ‘‘55(b)(1)(D)’’.
4 (iii) Section 897(a)(2)(A)(i) is amended by
5 striking ‘‘55(b)(2)’’ and inserting
6 ‘‘55(b)(1)(D)’’.
7 (C) Section 11(d) is amended by striking
8 ‘‘the tax imposed by subsection (a)’’ and insert-
9 ing ‘‘the taxes imposed by subsection (a) and
10 section 55’’.
11 (D) Section 12 is amended by adding at
12 the end the following new paragraph:
13 ‘‘(5) For alternative minimum tax, see section
14 55.’’.
15 (E) Section 882(a)(1) is amended by in-
16 serting ‘‘, 55,’’ after ‘‘section 11’’.
17 (F) Section 6425(c)(1)(A) is amended to
18 read as follows:
19 ‘‘(A) the sum of—
20 ‘‘(i) the tax imposed by section 11 or
21 subchapter L of chapter 1, whichever is
22 applicable, plus
23 ‘‘(ii) the tax imposed by section 55,
24 plus
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1518
1 ‘‘(iii) the tax imposed by section 59A,
2 over’’.
3 (G) Section 6655(e)(2) is amended by in-
4 serting ‘‘, adjusted financial statement income
5 (as defined in section 56A),’’ before ‘‘and modi-
6 fied taxable income’’ each place it appears in
7 subparagraphs (A)(i) and (B)(i).
8 (H) Section 6655(g)(1)(A) is amended by
9 redesignating clauses (ii) and (iii) as clauses
10 (iii) and (iv), respectively, and by inserting
11 after clause (i) the following new clause:
12 ‘‘(ii) the tax imposed by section 55,’’.
13 (b) ADJUSTED FINANCIAL STATEMENT INCOME.—
14 (1) IN GENERAL.—Part VI of subchapter A of
15 chapter 1 is amended by inserting after section 56
16 the following new section:
17 ‘‘SEC. 56A. ADJUSTED FINANCIAL STATEMENT INCOME.
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1519
1 statement’ means, with respect to any taxable year, an ap-
2 plicable financial statement (as defined in section
3 451(b)(3)) which covers such taxable year.
4 ‘‘(c) GENERAL ADJUSTMENTS.—
5 ‘‘(1) STATEMENTS COVERING DIFFERENT TAX-
11 TIONS.—
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1520
1 ‘‘(C) TREATMENT OF DIVIDENDS AND
16 TIONS.—
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1521
1 computing the net income or loss set forth
2 on the applicable financial statement of
3 each such controlled foreign corporation
4 with respect to which such taxpayer is a
5 United States shareholder.
6 ‘‘(ii) NEGATIVE ADJUSTMENTS.—In
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1522
1 the taxpayer that is not otherwise included on
2 the applicable financial statement.
3 ‘‘(4) ADJUSTMENTS FOR CERTAIN TAXES.—Ad-
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1523
1 ‘‘(6) RULES FOR ALASKA NATIVE CORPORA-
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1524
1 ognized in connection with a mortgage servicing con-
2 tract shall not be taken into account earlier than
3 when such income is taken into account under sec-
4 tion 451.
5 ‘‘(9) SECRETARIAL AUTHORITY TO ADJUST
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1525
1 ‘‘(A) the aggregate amount of financial
2 statement net operating loss carryovers to the
3 taxable year, or
4 ‘‘(B) 80 percent of adjusted financial
5 statement income computed without regard to
6 the deduction allowable under this subsection.
7 ‘‘(2) FINANCIAL STATEMENT NET OPERATING
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1526
1 ance as necessary to carry out the purposes of this section,
2 including regulations and other guidance relating to the
3 effect of the rules of this section on partnerships with in-
4 come taken into account by an applicable corporation.’’.
5 (2) CLERICAL AMENDMENT.—The table of sec-
6 tions for part VI of subchapter A of chapter 1 is
7 amended by inserting after the item relating to sec-
8 tion 56 the following new item:
‘‘Sec. 56A. Adjusted financial statement income.’’.
1527
1 or possession of the United States which
2 are—
3 ‘‘(I) directly or indirectly taken
4 into account on the taxpayer’s appli-
5 cable financial statement, and
6 ‘‘(II) paid or accrued (for Fed-
7 eral income tax purposes) by each
8 controlled foreign corporation with re-
9 spect to which the applicable corpora-
10 tion is a United States shareholder, or
11 ‘‘(ii) the product of the amount of the
12 adjustment under section 56A(c)(3) and
13 the percentage specified in section
14 55(b)(2)(A)(i), and
15 ‘‘(B) the amount of income, war profits,
16 and excess profits taxes (within the meaning of
17 section 901) imposed by any foreign country or
18 possession of the United States to the extent
19 such taxes are—
20 ‘‘(i) directly or indirectly taken into
21 account on the applicable corporation’s ap-
22 plicable financial statement, and
23 ‘‘(ii) paid or accrued (for Federal in-
24 come tax purposes) by the applicable cor-
25 poration.
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1528
1 ‘‘(2) CARRYOVER OF EXCESS TAX PAID.—For
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1529
1 ‘‘(iii) paragraph (4)(A) shall be ap-
2 plied without regard to clause (ii)(I) there-
3 of.’’.
4 (e) CREDIT FOR PRIOR YEAR MINIMUM TAX LIABIL-
5 ITY.—
19 53(d) is amended—
20 (A) in paragraph (2), by inserting ‘‘(other
21 than an applicable corporation’’ after ‘‘corpora-
22 tion’’, and
23 (B) by striking paragraph (3).
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1530
1 (f) EFFECTIVE DATE.—The amendments made by
2 this section shall apply to taxable years beginning after
3 December 31, 2022.
4 SEC. 138102. EXCISE TAX ON REPURCHASE OF CORPORATE
5 STOCK.
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1531
1 ‘‘(A) a redemption within the meaning of
2 section 317(b) with regard to the stock of a
3 covered corporation, and
4 ‘‘(B) any transaction determined by the
5 Secretary to be economically similar to a trans-
6 action described in subparagraph (A).
7 ‘‘(2) TREATMENT OF PURCHASES BY SPECIFIED
8 AFFILIATES.—
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1532
1 interests of which is held, directly or indi-
2 rectly, by such corporation.
3 ‘‘(3) ADJUSTMENT.—The amount taken into
4 account under subsection (a) with respect to any
5 stock repurchased by a covered corporation shall be
6 reduced by the fair market value of any stock issued
7 by the covered corporation during the taxable year,
8 including the fair market value of any stock issued
9 to employees of such covered corporation or a speci-
10 fied affiliate of such covered corporation during the
11 taxable year, whether or not such stock is issued in
12 response to the exercise of an option to purchase
13 such stock.
14 ‘‘(d) SPECIAL RULES FOR FOREIGN-PARENTED DO-
15 MESTIC CORPORATIONS.—
16 ‘‘(1) IN GENERAL.—In the case of an acquisi-
17 tion of stock of an applicable foreign corporation by
18 a specified affiliate of such corporation (other than
19 a foreign corporation or a foreign partnership (un-
20 less such partnership has a domestic entity as a di-
21 rect or indirect partner)) from a person who is not
22 the applicable foreign corporation or a specified affil-
23 iate of such applicable foreign corporation, for pur-
24 poses of this section—
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1533
1 ‘‘(A) such specified affiliate shall be treat-
2 ed as a covered corporation with respect to such
3 acquisition,
4 ‘‘(B) such acquisition shall be treated as a
5 repurchase of stock of a covered corporation by
6 such covered corporation, and
7 ‘‘(C) the adjustment under subsection
8 (c)(3) shall be determined only with respect to
9 stock issued by such specified affiliate to em-
10 ployees of the specified affiliate.
11 ‘‘(2) SURROGATE FOREIGN CORPORATIONS.—In
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1534
1 ‘‘(C) the adjustment under subsection
2 (c)(3) shall be determined only with respect to
3 stock issued by such expatriated entity to em-
4 ployees of the expatriated entity.
5 ‘‘(3) DEFINITIONS.—For purposes of this sub-
6 section—
7 ‘‘(A) APPLICABLE FOREIGN CORPORA-
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1535
1 ‘‘(C) EXPATRIATED ENTITY.—The term
2 ‘expatriated entity’ has the meaning given such
3 term by section 7874(a)(2)(A).
4 ‘‘(e) EXCEPTIONS.—Subsection (a) shall not apply—
5 ‘‘(1) to the extent that the repurchase is part
6 of a reorganization (within the meaning of section
7 368(a)) and no gain or loss is recognized on such re-
8 purchase by the shareholder under chapter 1 by rea-
9 son of such reorganization,
10 ‘‘(2) in any case in which the stock repurchased
11 is, or an amount of stock equal to the value of the
12 stock repurchased is, contributed to an employer-
13 sponsored retirement plan, employee stock ownership
14 plan, or similar plan,
15 ‘‘(3) in any case in which the total value of the
16 stock repurchased during the taxable year does not
17 exceed $1,000,000,
18 ‘‘(4) under regulations prescribed by the Sec-
19 retary, in cases in which the repurchase is by a deal-
20 er in securities in the ordinary course of business,
21 ‘‘(5) to repurchases by a regulated investment
22 company (as defined in section 851) or a real estate
23 investment trust, or
24 ‘‘(6) to the extent that the repurchase is treated
25 as a dividend for purposes of this title.
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1536
1 ‘‘(f) REGULATIONS AND GUIDANCE.—The Secretary
2 shall prescribe such regulations and other guidance as are
3 necessary or appropriate to administer and to prevent the
4 avoidance of the purposes of this section, including regula-
5 tions and other guidance—
6 ‘‘(1) to prevent the abuse of the exceptions pro-
7 vided by subsection (e),
8 ‘‘(2) to address special classes of stock and pre-
9 ferred stock, and
10 ‘‘(3) for the application of the rules under sub-
11 section (d).’’.
12 (b) TAX NOT DEDUCTIBLE.—Paragraph (6) of sec-
13 tion 275(a) is amended by inserting ‘‘37,’’ before ‘‘41’’.
14 (c) CLERICAL AMENDMENT.—The table of chapters
15 for subtitle D is amended by inserting after the item relat-
16 ing to chapter 36 the following new item:
‘‘CHAPTER 37—REPURCHASE OF CORPORATE STOCK’’.
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1537
1 Subpart B—Limitations on Deduction for Interest
2 Expense
4 EXPENSE.
1538
1 ‘‘(I) the average amount of inter-
2 est paid or accrued by such corpora-
3 tion during the 3-taxable-year period
4 ending with the taxable year to which
5 paragraph (1) applies, over
6 ‘‘(II) the average amount of in-
7 terest includible in the gross income
8 of such corporation for such 3-tax-
9 able-year period,
10 does not exceed $12,000,000,
11 ‘‘(ii) any corporation to which para-
12 graph (1) of section 163(j) does not apply
13 by reason of paragraph (3) thereof (relat-
14 ing to exemption for certain small busi-
15 nesses), and
16 ‘‘(iii) any S corporation, real estate
17 investment trust, or regulated investment
18 company.
19 ‘‘(B) AGGREGATION RULE.—For purposes
20 of clauses (i) and (ii) of subparagraph (A), all
21 domestic corporations which are members of the
22 same international financial reporting group
23 shall be treated as a single corporation.
24 ‘‘(C) FOREIGN CORPORATIONS ENGAGED
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1539
1 STATES.—For purposes of this subsection, if a
2 foreign corporation is engaged in a trade or
3 business within the United States, such foreign
4 corporation shall be treated as a domestic cor-
5 poration with respect to the items that are ef-
6 fectively connected with such trade or business.
7 ‘‘(3) INTERNATIONAL FINANCIAL REPORTING
24 CORPORATIONS IN GROUP.—
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1540
1 ‘‘(i) IN GENERAL.—To the extent pro-
2 vided by the Secretary in regulations or
3 other guidance, an international financial
4 reporting group may elect (at such time
5 and in such manner as the Secretary may
6 provide) to treat all eligible corporations
7 with respect to such group as members of
8 such group for purposes of this subsection.
9 As a condition of such election, all such eli-
10 gible corporations must maintain (and pro-
11 vide such group access to) such books and
12 records as the Secretary determines are
13 satisfactory to allow for the application of
14 this subsection with respect to such eligible
15 corporations. Such election may be revoked
16 only with the consent of the Secretary.
17 ‘‘(ii) ELIGIBLE CORPORATION.—The
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1541
1 termined without regard to this subpara-
2 graph).
3 ‘‘(4) ALLOWABLE PERCENTAGE.—For purposes
4 of this subsection—
5 ‘‘(A) IN GENERAL.—The term ‘allowable
6 percentage’ means, with respect to any specified
7 domestic corporation for any taxable year, the
8 ratio (expressed as a percentage and not great-
9 er than 100 percent) of—
10 ‘‘(i) such corporation’s allocable share
11 of the international financial reporting
12 group’s reported net interest expense for
13 the reporting year of such group which
14 ends in or with such taxable year of such
15 corporation, over
16 ‘‘(ii) such corporation’s reported net
17 interest expense for such reporting year of
18 such group.
19 ‘‘(B) REPORTED NET INTEREST EX-
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1542
1 ‘‘(I) the aggregate amount of in-
2 terest expense reported in such
3 group’s applicable financial state-
4 ments for such taxable year, over
5 ‘‘(II) the aggregate amount of in-
6 terest income reported in such group’s
7 applicable financial statements for
8 such taxable year, and
9 ‘‘(ii) with respect to any specified do-
10 mestic corporation for any reporting year,
11 the excess of—
12 ‘‘(I) the amount of interest ex-
13 pense of such corporation reported in
14 the books and records of the inter-
15 national financial reporting group
16 which are used in preparing such
17 group’s applicable financial state-
18 ments for such taxable year, over
19 ‘‘(II) the amount of interest in-
20 come of such corporation reported in
21 such books and records.
22 ‘‘(C) ALLOCABLE SHARE OF REPORTED
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1543
1 group, such corporation’s allocable share of
2 such group’s reported net interest expense for
3 any reporting year is the portion of such ex-
4 pense which bears the same ratio to such ex-
5 pense as—
6 ‘‘(i) the EBITDA of such corporation
7 for such reporting year, bears to
8 ‘‘(ii) the EBITDA of such group for
9 such reporting year.
10 ‘‘(D) EBITDA.—
11 ‘‘(i) IN GENERAL.—The term
12 ‘EBITDA’ means, with respect to any re-
13 porting year, earnings before interest in-
14 come and interest expense, taxes, deprecia-
15 tion, depletion, and amortization—
16 ‘‘(I) as determined in the inter-
17 national financial reporting group’s
18 applicable financial statements for
19 such year, or
20 ‘‘(II) as determined in the books
21 and records of the international finan-
22 cial reporting group which are used in
23 preparing such statements if not de-
24 termined in such statements.
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1544
1 ‘‘(ii) TREATMENT OF INTRA-GROUP
9 EBITDA.—
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1545
1 ‘‘(6) REPORTING YEAR.—For purposes of this
2 subsection, the term ‘reporting year’ means any year
3 for which an applicable financial statement is pre-
4 pared or required to be prepared.
5 ‘‘(7) REGULATIONS.—The Secretary may issue
6 such regulations or other guidance as are necessary
7 or appropriate to carry out the purposes of this sub-
8 section, including regulations or other guidance
9 which—
10 ‘‘(A) allows or requires the adjustment of
11 amounts reported on applicable financial state-
12 ments,
13 ‘‘(B) allows or requires any corporation to
14 be included or excluded as a member of any
15 international financial reporting group for pur-
16 poses of any determination or calculation under
17 this subsection,
18 ‘‘(C) treats subpart F income of a con-
19 trolled foreign corporation, and any interest ex-
20 pense of such corporation which is related to
21 such income, as income and interest expense,
22 respectively, of a specified domestic corporation
23 for purposes of this section,
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1546
1 ‘‘(D) prevents the omission, inclusion, or
2 duplication of any item or amount of interest
3 income or interest expense, and
4 ‘‘(E) provides rules for the application of
5 this subsection with respect to—
6 ‘‘(i) a domestic corporation that is a
7 partner (directly or indirectly) in a part-
8 nership,
9 ‘‘(ii) a domestic corporation that owns
10 (directly or indirectly) an interest in an en-
11 tity that is fiscally transparent in one or
12 more jurisdictions, and
13 ‘‘(iii) a foreign corporation to which
14 this subsection applies by reason of para-
15 graph (2)(C).’’.
16 (b) MODIFICATION OF APPLICATION OF LIMITATION
17 ON BUSINESS INTEREST TO PARTNERSHIPS AND S COR-
18 PORATIONS.—Section 163(j)(4) is amended to read as fol-
19 lows:
20 ‘‘(4) APPLICATION TO PARTNERSHIPS AND S
21 CORPORATIONS.—
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1547
1 section shall be applied at the partner or share-
2 holder level, respectively.
3 ‘‘(B) APPLICATION OF EXEMPTION FOR
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1548
1 ‘‘(i) for requiring or restricting the al-
2 location of items and business interest
3 under this subsection,
4 ‘‘(ii) to provide for such reporting re-
5 quirements as the Secretary determines
6 appropriate, and
7 ‘‘(iii) for the application of this sub-
8 section in the case of tiered structures or
9 trades or businesses described in para-
10 graph (2)(C).’’.
11 (c) CARRYFORWARD OF DISALLOWED INTEREST.—
12 (1) IN GENERAL.—Section 163 is amended by
13 inserting after subsection (n), as added by sub-
14 section (a), the following new subsection:
15 ‘‘(o) CARRYFORWARD OF CERTAIN DISALLOWED IN-
16 TEREST.—The amount of any interest not allowed as a
17 deduction for any taxable year by reason of subsection (j)
18 or (n)(1) (whichever imposes the lower limitation with re-
19 spect to such taxable year) shall be treated as interest
20 (and as business interest for purposes of subsection (j)
21 to the extent such amount is properly attributable to a
22 trade or business as defined in subsection (j)(7)) paid or
23 accrued in the succeeding taxable year.’’.
24 (2) CONFORMING AMENDMENTS.—
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1549
1 (A) Section 163(j)(2) is amended to read
2 as follows:
3 ‘‘(2) CARRYFORWARD CROSS-REFERENCE.—For
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1550
1 amount of excess business interest which would (but for
2 such amendment) be carried to such taxable year under
3 such subclause shall be treated as interest (and as busi-
4 ness interest for purposes of section 163(j) of such Code,
5 as amended by this section) paid or accrued in such tax-
6 able year. A rule similar to the rule in the preceding sen-
7 tence shall apply in the case of an S corporation and its
8 shareholders. For carryover of any such interest dis-
9 allowed for such taxable year, see section 163(o) of such
10 Code, as amended by this section.
11 Subpart C—Outbound International Provisions
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1551
1 of such domestic corporation under section
2 951A for such taxable year, and
3 ‘‘(B) the amount treated as a dividend re-
4 ceived by such corporation under section 78
5 which is attributable to the amount described in
6 subparagraph (A).’’.
7 (b) DEDUCTION TAKEN INTO ACCOUNT IN DETER-
8 MINING NET OPERATING LOSS DEDUCTION.—Section
9 172(d) is amended by striking paragraph (9).
10 (c) CERTAIN OTHER MODIFICATIONS.—
11 (1) Section 250(b)(3) is amended—
12 (A) in subparagraph (A)(i)—
13 (i) by striking ‘‘and’’ at the end of
14 subclause (V),
15 (ii) by striking ‘‘over’’ at the end of
16 subclause (VI), and
17 (iii) by adding at the end the fol-
18 lowing new subclauses:
19 ‘‘(VII) any income described in
20 clause (i) or (ii) of section
21 904(d)(2)(B), determined without re-
22 gard to clause (iii)(II) thereof,
23 ‘‘(VIII) except as otherwise pro-
24 vided by the Secretary, gains from the
25 sale or other disposition of property
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1552
1 giving rise to rents or royalties de-
2 rived in the active conduct of a trade
3 or business, and
4 ‘‘(IX) any disqualified
5 extraterritorial income, over’’, and
6 (B) by adding at the end the following new
7 subparagraph:
8 ‘‘(C) DISQUALIFIED EXTRATERRITORIAL
9 INCOME.—
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1553
1 ‘‘(ii) ELECTION OUT OF
3 ‘‘(I) IN GENERAL.—Except as
4 provided in subclause (II), the cor-
5 poration referred to in clause (i) may
6 make an irrevocable election (at such
7 time and in such form and manner as
8 the Secretary may provide) to have
9 subsections (d) and (f) of section 101
10 of the American Jobs Creation Act of
11 2004 not apply with respect to such
12 corporation for the taxable year for
13 which such election is made and all
14 succeeding taxable years (applicable
15 with respect to all transactions, in-
16 cluding transactions occurring before
17 such taxable year).
18 ‘‘(II) EXPANDED AFFILIATED
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1554
1 file a return of tax under this chapter,
2 the delegate of such common parent)
3 and shall apply with respect to all
4 members of such group. For purposes
5 of the preceding sentence, the term
6 ‘expanded affiliated group’ means an
7 affiliated group as defined in section
8 1504(a), determined without regard to
9 section 1504(b)(3) and by sub-
10 stituting ‘more than 50 percent’ for
11 ‘at least 80 percent’ each place it ap-
12 pears.’’.
13 (C) Section 250(b)(5)(E) is amended by
14 inserting ‘‘(other than paragraph
15 (3)(A)(i)(VIII))’’ after ‘‘For purposes of this
16 subsection’’.
17 (2) Section 613A(d)(1) is amended by striking
18 ‘‘and’’ at the end of subparagraph (D), by striking
19 the period at the end of subparagraph (E) and in-
20 serting ‘‘, and’’, and by inserting after subparagraph
21 (E) the following new subparagraph:
22 ‘‘(F) any deduction allowable under section
23 250.’’.
24 (d) EFFECTIVE DATE.—
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1555
1 (1) IN GENERAL.—Except as provided in para-
2 graph (2), the amendments made by this section
3 shall apply to taxable years beginning after Decem-
4 ber 31, 2022.
5 (2) CERTAIN MODIFICATIONS.—The amend-
6 ments made by subsection (c) shall apply to taxable
7 years beginning after the date of the enactment of
8 this Act.
9 (e) NO INFERENCE REGARDING CERTAIN MODIFICA-
10 TIONS.—The amendments made by subsection (c) shall
11 not be construed to create any inference with respect to
12 the proper application of any provision of the Internal
13 Revenue Code of 1986 with respect to any taxable year
14 beginning before the taxable years to which such amend-
15 ments apply.
16 (f) TRANSITION RULE FOR ACCELERATED PERCENT-
17 AGE REDUCTION.—
18 (1) IN GENERAL.—In the case of any taxable
19 year which includes December 31, 2022 (other than
20 a taxable year with respect to which such date is the
21 last day of such taxable year)—
22 (A) the percentage in effect under section
23 250(a)(1)(A) of the Internal Revenue Code of
24 1986 shall be treated as being equal to the sum
25 of—
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1556
1 (i) the pre-effective date percentage of
2 37.5 percent, plus
3 (ii) the post-effective date percentage
4 of 24.8 percent, and
5 (B) the percentage in effect under section
6 250(a)(1)(B) of such Code shall be treated as
7 being equal to the sum of—
8 (i) the pre-effective date percentage of
9 50 percent, plus
10 (ii) the post-effective date percentage
11 of 28.5 percent.
12 (2) PRE- AND POST-EFFECTIVE DATE PER-
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1557
1 SEC. 138122. REPEAL OF ELECTION FOR 1-MONTH DEFER-
1558
1 guidance for allocating foreign taxes that accrue in
2 such first taxable year between such taxable year
3 and the prior taxable year, including such adjust-
4 ments as the Secretary determines are necessary or
5 appropriate in applying sections 959, 960, and 961
6 of such Code in connection with the allocation of
7 such taxes, and providing for such other adjust-
8 ments as the Secretary determines necessary or ap-
9 propriate to carry out the purposes of this section.
10 SEC. 138123. MODIFICATIONS OF FOREIGN TAX CREDIT
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1559
1 ‘‘(B) to the extent such amount exceeds
2 the amount which would be paid or accrued by
3 such dual capacity taxpayer under the generally
4 applicable income tax imposed by such country
5 or possession if such taxpayer were not a dual
6 capacity taxpayer.
7 Nothing in this paragraph shall be construed to
8 imply the proper treatment of any such amount
9 not in excess of the amount determined under
10 subparagraph (B).
11 ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur-
12 poses of this subsection, the term ‘dual capacity tax-
13 payer’ means, with respect to any foreign country or
14 possession of the United States, a person who—
15 ‘‘(A) is subject to a levy of such country or
16 possession, and
17 ‘‘(B) receives (or will receive) directly or
18 indirectly a specific economic benefit from such
19 country or possession (or any political subdivi-
20 sion, agency, or instrumentality thereof).
21 ‘‘(3) GENERALLY APPLICABLE INCOME TAX.—
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1560
1 the United States on residents of such foreign coun-
2 try or possession that are not dual capacity tax-
3 payers.’’.
4 (b) EFFECTIVE DATE.—The amendments made by
5 this section shall apply to amounts paid or accrued after
6 December 31, 2021.
7 SEC. 138124. MODIFICATIONS TO FOREIGN TAX CREDIT
8 LIMITATIONS.
16 TAXABLE UNITS.—
17 ‘‘(1) IN GENERAL.—Subsection (d) (and the
18 provisions of this title referred to in paragraph (1)
19 of such subsection) shall be applied separately with
20 respect to each country by taking into account the
21 aggregate income properly attributable or otherwise
22 allocable to a taxable unit of the taxpayer which is
23 a tax resident of (or, in the case of a branch, is lo-
24 cated in) such country.
25 ‘‘(2) TAXABLE UNITS.—
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1561
1 ‘‘(A) IN GENERAL.—Except as otherwise
2 provided by the Secretary, each item shall be
3 attributable or otherwise allocable to exactly
4 one taxable unit of the taxpayer.
5 ‘‘(B) DETERMINATION OF TAXABLE
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1562
1 foreign corporation (as the case may be) is
2 a tax resident.
3 ‘‘(iv) BRANCHES.—Each branch (or
4 portion thereof) the activities of which are
5 directly or indirectly carried on by the tax-
6 payer or any controlled foreign corporation
7 referred to in clause (ii) and which give
8 rise to a taxable presence in a country
9 other than the country with respect to
10 which such taxpayer or controlled foreign
11 corporation (as the case may be) is a tax
12 resident.
13 ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For
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1563
1 ‘‘(B) PASS-THROUGH ENTITY.—Except as
2 otherwise provided by the Secretary, the term
3 ‘pass-through entity’ includes any partnership
4 or other entity to the extent that income, gain,
5 deduction, or loss of the entity is taken into ac-
6 count in determining the income or loss of a
7 person that owns (directly or indirectly) an in-
8 terest in such entity.
9 ‘‘(C) BRANCH.—Except as otherwise pro-
10 vided by the Secretary, the term ‘branch’ means
11 a taxable presence of a tax resident in a coun-
12 try other than its country of residence as deter-
13 mined under such other country’s tax law. The
14 Secretary shall provide regulations or other
15 guidance applying such term to activities in a
16 country that do not give rise to a taxable pres-
17 ence.
18 ‘‘(D) TREATMENT OF FISCALLY AUTONO-
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1564
1 Commonwealth of the Northern Mariana Is-
2 lands, the Commonwealth of Puerto Rico,
3 Guam, and the Virgin Islands.
4 ‘‘(4) REGULATIONS.—The Secretary shall issue
5 such regulations or other guidance as may be nec-
6 essary or appropriate to carry out, or prevent avoid-
7 ance of, the purposes of this subsection, including
8 regulations or other guidance—
9 ‘‘(A) providing for the application of this
10 subsection to an entity or arrangement that is
11 considered a tax resident of more than one
12 country or of no country,
13 ‘‘(B) providing for the application of this
14 subsection to hybrid entities or hybrid trans-
15 actions (as such terms are used for purposes of
16 section 267A), pass-through entities, passive
17 foreign investment companies, trusts, and other
18 entities or arrangements not otherwise de-
19 scribed in this subsection, and
20 ‘‘(C) providing for the assignment of any
21 item (including foreign taxes and deductions) to
22 taxable units, including in the case of amounts
23 not otherwise taken into account in determining
24 taxable income under this chapter.’’.
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1565
1 (2) APPLICATION OF RECAPTURE OF OVERALL
9 LOW-TAXED INCOME.—
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1566
1 (without regard to income described in subpara-
2 graph (d)(1)(A)), and only to the extent the ag-
3 gregate amount of such losses exceeds the ag-
4 gregate amount of separate limitation incomes
5 (other than income described in subparagraph
6 (d)(1)(A)) for such taxable year, shall any
7 amount of separate limitation losses reduce sep-
8 arate limitation income described in subpara-
9 graph (d)(1)(A).’’.
10 (B) SEPARATE LIMITATION LOSS.—Section
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1567
1 (2) COORDINATION WITH DEDUCTION FOR FOR-
3 250(b)(3)(A) is amended—
4 (A) by striking subclause (VI) of clause (i)
5 and inserting the following new subclause:
6 ‘‘(VI) the income which is attrib-
7 utable to 1 or more branches (within
8 the meaning of section 904(e)(3)(C))
9 or pass-through entities (within the
10 meaning of section 904(e)(3)(B)) in 1
11 or more foreign countries, over’’, and
12 (B) by adding at the end the following
13 flush sentence:
14 ‘‘For purposes of clause (i)(VI), the amount of
15 income attributable to a branch or pass-through
16 entity shall be determined under rules estab-
17 lished by the Secretary.’’.
18 (3) AMENDMENTS.—
19 (A) Section 904(d)(2)(A)(ii) is amended by
20 striking ‘‘, foreign branch income,’’.
21 (B) Section 904(d)(2)(H) is amended to
22 read as follows:
23 ‘‘(H) TREATMENT OF INCOME TAX BASE
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1568
1 er category of income any tax imposed under
2 the law of a foreign country or possession of the
3 United States on an amount which does not
4 constitute income under United States tax prin-
5 ciples.’’.
6 (C) Section 904(d)(2) is amended by strik-
7 ing subparagraph (J).
8 (c) MODIFICATION OF FOREIGN TAX CREDIT
9 CARRYBACK AND CARRYFORWARD.—
10 (1) REPEAL OF CARRYBACK.—Section 904(c) is
11 amended—
12 (A) by striking ‘‘in the first preceding tax-
13 able year, and’’,
14 (B) by striking ‘‘preceding or’’ each place
15 it appears, and
16 (C) by striking ‘‘CARRYBACK AND’’ in the
17 heading thereof.
18 (2) APPLICATION TO LIMITATION ON FOREIGN
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1569
1 (B) TEMPORARY LIMITATION OF
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1570
1 (1) CERTAIN TAX-EXEMPT DIVIDENDS TAKEN
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1571
1 164(a)(3) for taxes imposed on amounts de-
2 scribed in section 250(a)(1)(B)) to such income,
3 and
4 ‘‘(B) by allocating and apportioning any
5 other deduction to such income only if the Sec-
6 retary determines that such deduction is di-
7 rectly allocable to such income.
8 Any deduction which would (but for subparagraph
9 (B)) have been allocated or apportioned to such in-
10 come shall only be allocated or apportioned to in-
11 come which is from sources within the United
12 States.’’.
13 (f) TREATMENT OF CERTAIN ASSET DISPOSI-
14 TIONS.—Section 904(b), as amended by the preceding pro-
15 visions of this Act, is amended by adding at the end the
16 following new paragraph:
17 ‘‘(5) TREATMENT OF CERTAIN ASSET DISPOSI-
18 TIONS.—
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1572
1 ‘‘(B) COVERED ASSET DISPOSITION.—For
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1573
1 ‘‘(D) the taxpayer makes a timely change
2 in its choice to claim a credit or deduction for
3 taxes paid or accrued, or
4 ‘‘(E) there is any other change in the
5 amount, or treatment, of taxes, which affects
6 the taxpayer’s tax liability under this chapter,’’,
7 (B) in paragraph (2)(B), by striking ‘‘Any
8 such taxes’’ and inserting ‘‘Except as otherwise
9 provided by the Secretary, any such taxes’’,
10 (C) in paragraph (2)(B)(i), by striking
11 ‘‘for the taxable year to which such taxes re-
12 late’’ and inserting ‘‘for the taxable year in
13 which paid’’, and
14 (D) by striking ‘‘ACCRUED’’ in the heading
15 thereof.
16 (2) MODIFICATION TO TIME FOR CLAIMING
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1574
1 (3) MODIFICATION TO SPECIAL PERIOD OF LIM-
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1575
1 (3) TREATMENT OF CERTAIN ASSET DISPOSI-
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1576
1 SEC. 138125. FOREIGN OIL AND GAS EXTRACTION INCOME
1577
1 shall be the sum of the amounts of global intan-
2 gible low-taxed income determined separately
3 with respect to each such country, and
4 ‘‘(B) for purposes of determining such sep-
5 arate amounts of global intangible low-taxed in-
6 come—
7 ‘‘(i) any reference in subsection (b),
8 (c), or (d) to a controlled foreign corpora-
9 tion of such shareholder shall be treated as
10 reference to a CFC taxable unit of such
11 shareholder, and
12 ‘‘(ii) net CFC tested income, net
13 deemed tangible income return, qualified
14 business asset investment, interest expense
15 described in subsection (b)(2)(B), and such
16 other items and amounts as the Secretary
17 may provide, shall be determined sepa-
18 rately with respect to each such country by
19 determining such amounts with respect to
20 each CFC taxable unit of such shareholder
21 which is a tax resident of such country.
22 ‘‘(2) DEFINITIONS.—For purposes of this sub-
23 section—
24 ‘‘(A) CFC TAXABLE UNIT.—The term
25 ‘CFC taxable unit’ means any taxable unit de-
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1578
1 scribed in clause (ii), (iii), or (iv) of section
2 904(e)(2)(B), determined—
3 ‘‘(i) by substituting ‘Each controlled
4 foreign corporation’ for ‘Each foreign cor-
5 poration’ in clause (ii) of such section, and
6 ‘‘(ii) without regard to the references
7 to the taxpayer in clauses (iii) and (iv) of
8 such section.
9 ‘‘(B) APPLICATION OF OTHER DEFINI-
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1579
1 (1) IN GENERAL.—Section 951A, as amended
2 by subsection (a), is amended by adding at the end
3 the following new subsection:
4 ‘‘(h) REGULATIONS.—The Secretary shall issue such
5 regulations or other guidance as may be necessary or ap-
6 propriate to carry out, or prevent the avoidance of, the
7 purposes of this section, including regulations or guidance
8 which provide for—
9 ‘‘(1) the treatment of property if such property
10 is transferred, or held, temporarily,
11 ‘‘(2) appropriate adjustments to the basis of
12 stock and other ownership interests, and to earnings
13 and profits, to reflect tested losses (whether or not
14 taken into account in determining global intangible
15 low-taxed income),
16 ‘‘(3) rules similar to the rules provided under
17 the regulations or guidance issued under section
18 904(e)(4),
19 ‘‘(4) other appropriate basis adjustments, and
20 ‘‘(5) appropriate adjustments to be made, and
21 appropriate tax attributes and records to be main-
22 tained, separately with respect to CFC taxable
23 units.’’.
24 (2) CONFORMING AMENDMENT.—Section
25 951A(d) is amended—
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1580
1 (A) by striking paragraph (4), and
2 (B) by redesignating the second paragraph
3 (3) (relating to partnership property) as para-
4 graph (4).
5 (c) CARRYOVER OF NET CFC TESTED LOSS.—
6 (1) IN GENERAL.—Section 951A(c) is amended
7 by adding at the end the following new paragraph:
8 ‘‘(3) CARRYOVER OF NET CFC TESTED LOSS.—
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1581
1 the application of subsection (f)(2)(B) to take
2 into account any decrease in global intangible
3 low-taxed income by reason of the application of
4 subparagraph (A).’’.
5 (2) COORDINATION WITH COUNTRY-BY-COUN-
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1582
1 (2) APPLICATION TO ASSETS LOCATED IN POS-
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1583
1 shall include references to section 951A or sec-
2 tion 951A(a), respectively.’’.
3 (g) EFFECTIVE DATE.—
4 (1) IN GENERAL.—Except as otherwise pro-
5 vided in this subsection, the amendments made by
6 this section shall apply to taxable years of foreign
7 corporations beginning after December 31, 2022,
8 and to taxable years of United States shareholders
9 in which or with which such taxable years of foreign
10 corporations end.
11 (2) REGULATORY AUTHORITY AND COORDINA-
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1 SEC. 138127. MODIFICATIONS TO DETERMINATION OF
1585
1 a foreign corporation (other than a controlled
2 foreign corporation) which owns, directly or in-
3 directly, 80 percent or more (by vote or value)
4 of the stock in such domestic corporation but
5 only if—
6 ‘‘(i) such foreign income taxes are
7 properly attributable to amounts of such
8 controlled foreign corporation taken into
9 account in determining tested income or
10 tested loss under section 951A(c)(2), and
11 ‘‘(ii) no credit is allowed, in whole or
12 in part, for such foreign taxes in any for-
13 eign jurisdiction.’’.
14 (2) CONFORMING AMENDMENT.—Section
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1586
1 ‘‘(K) AMOUNTS INCLUDIBLE UNDER SEC-
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1 (1) IN GENERAL.—Except as otherwise pro-
2 vided in this subsection, the amendments made by
3 this section shall apply to taxable years of foreign
4 corporations beginning after December 31, 2022,
5 and to taxable years of United States shareholders
6 in which or with which such taxable years of foreign
7 corporations end.
8 (2) SUBSECTIONS (c) AND (d).—The amend-
9 ments made by subsections (c) and (d) shall apply
10 to taxable years of foreign corporations beginning
11 after the date of the enactment of this Act, and to
12 taxable years of United States shareholders in which
13 or with which such taxable years of foreign corpora-
14 tions end.
15 (f) NO INFERENCE REGARDING CERTAIN MODIFICA-
16 TIONS.—The amendments made by subsections (c) and
17 (d) shall not be construed to create any inference with re-
18 spect to the proper application of any provision of the In-
19 ternal Revenue Code of 1986 with respect to any taxable
20 year beginning before the taxable years to which such
21 amendments apply.
22 SEC. 138128. DEDUCTION FOR FOREIGN SOURCE PORTION
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1 (1) in subsections (a), (c)(1), and (c)(2), by
2 striking ‘‘specified 10-percent owned foreign cor-
3 poration’’ each place it appears and inserting ‘‘con-
4 trolled foreign corporation’’, and
5 (2) by striking subsection (b).
6 (b) MODIFICATIONS RELATED TO DETERMINATION
7 OF STATUS AS A CONTROLLED FOREIGN CORPORA-
8 TION.—
14 SHAREHOLDERS.
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1 ‘‘(B) by substituting ‘foreign controlled
2 foreign corporation’ for ‘controlled foreign cor-
3 poration’ each place it appears therein, and
4 ‘‘(2) sections 951A and 965 shall be applied
5 with respect to such shareholder —
6 ‘‘(A) by treating each reference to ‘United
7 States shareholder’ in such sections as includ-
8 ing a reference to such shareholder, and
9 ‘‘(B) by treating each reference to ‘con-
10 trolled foreign corporation’ in such sections as
11 including a reference to such foreign controlled
12 foreign corporation.
13 ‘‘(b) FOREIGN CONTROLLED UNITED STATES
14 SHAREHOLDER.—For purposes of this section, the term
15 ‘foreign controlled United States shareholder’ means, with
16 respect to any foreign corporation, any United States per-
17 son which would be a United States shareholder with re-
18 spect to such foreign corporation if—
19 ‘‘(1) section 951(b) were applied by substituting
20 ‘more than 50 percent’ for ‘10 percent or more’, and
21 ‘‘(2) section 958(b) were applied without regard
22 to paragraph (4) thereof.
23 ‘‘(c) FOREIGN CONTROLLED FOREIGN CORPORA-
24 TION.—For purposes of this section, the term ‘foreign con-
25 trolled foreign corporation’ means a foreign corporation,
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1 other than a controlled foreign corporation, which would
2 be a controlled foreign corporation if section 957(a)(1)
3 were applied—
4 ‘‘(1) by substituting ‘foreign controlled United
5 States shareholders’ for ‘United States share-
6 holders’, and
7 ‘‘(2) by substituting ‘section 958(b) (other than
8 paragraph (4) thereof)’ for ‘section 958(b)’.
9 ‘‘(d) REGULATIONS.—The Secretary shall prescribe
10 such regulations or other guidance as may be necessary
11 or appropriate to carry out the purposes of this section,
12 including regulations or other guidance—
13 ‘‘(1) to treat a foreign controlled United States
14 shareholder or a foreign controlled foreign corpora-
15 tion as a United States shareholder or as a con-
16 trolled foreign corporation, respectively, for purposes
17 of provisions of this title other than this subpart,
18 and
19 ‘‘(2) to prevent the avoidance of the purposes of
20 this section.’’.
21 (2) Section 957(a) is amended to read as fol-
22 lows:
23 ‘‘(a) CONTROLLED FOREIGN CORPORATION.—For
24 purposes of this title—
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1 ‘‘(1) IN GENERAL.—The term ‘controlled for-
2 eign corporation’ means any foreign corporation if
3 more than 50 percent of—
4 ‘‘(A) the total combined voting power of all
5 classes of stock of such corporation entitled to
6 vote, or
7 ‘‘(B) the total value of the stock of such
8 corporation,
9 is owned (within the meaning of section 958(a)), or
10 is considered as owned by applying the rules of own-
11 ership of section 958(b), by United States share-
12 holders on any day during the taxable year of such
13 foreign corporation.
14 ‘‘(2) ELECTION TO TREAT A FOREIGN COR-
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1 SHAREHOLDERS OF FOREIGN CONTROLLED
2 FOREIGN CORPORATIONS.—
3 ‘‘(I) IN GENERAL.—Except as
4 provided in subclause (II), a foreign
5 corporation shall not be treated as a
6 controlled foreign corporation by rea-
7 son of this paragraph for purposes of
8 section 951B(c).
9 ‘‘(II) EXCEPTION FOR UNITED
10 STATES SHAREHOLDERS.—Subclause
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1593
1 ‘‘(i) BY WHOM.—An election under
2 subparagraph (A) shall be effective only if
3 made by the foreign corporation and by all
4 United States shareholders of such foreign
5 corporation (determined as of the time of
6 such election by such foreign corporation).
7 ‘‘(ii) WITH RESPECT TO WHOM.—Any
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1 this paragraph to an acquisition described in
2 section 381(a) with respect to any corporation
3 to which an election under this paragraph ap-
4 plies.’’.
5 (3) Section 958(b) is amended—
6 (A) by inserting after paragraph (3) the
7 following:
8 ‘‘(4) Subparagraphs (A), (B), and (C) of sec-
9 tion 318(a)(3) shall not be applied so as to consider
10 a United States person as owning stock which is
11 owned by a person who is not a United States per-
12 son.’’, and
13 (B) by striking ‘‘Paragraph (1)’’ in the
14 last sentence and inserting ‘‘Paragraphs (1)
15 and (4)’’.
16 (4) Section 959(b) is amended—
17 (A) by striking ‘‘the earnings and profits
18 of a controlled foreign corporation’’ and insert-
19 ing ‘‘the earnings and profits of a foreign cor-
20 poration’’,
21 (B) by striking ‘‘another controlled foreign
22 corporation’’ and inserting ‘‘a controlled foreign
23 corporation’’,
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1595
1 (C) by striking ‘‘such other controlled for-
2 eign corporation’’ and inserting ‘‘such con-
3 trolled foreign corporation’’, and
4 (D) by striking ‘‘of such United States
5 shareholder in the controlled foreign corpora-
6 tion’’ and inserting ‘‘of such United States
7 shareholder in the foreign corporation’’.
8 (5) The table of sections for subpart F of part
9 III of subchapter N of chapter 1 is amended by in-
10 serting after the item relating to section 951A the
11 following new item:
‘‘Sec. 951B. Amounts included in gross income of foreign controlled United
States shareholders.’’.
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1 or appropriate to carry out the purposes of this section,
2 including regulations or other guidance for—
3 ‘‘(1) the treatment of United States share-
4 holders owning stock of a controlled foreign corpora-
5 tion through a partnership, and
6 ‘‘(2) the denial of all or a portion of the deduc-
7 tion under this section with respect to dividends re-
8 ceived from foreign corporations in situations in
9 which—
10 ‘‘(A) any portion of the dividend is out of
11 earnings and profits arising from transactions
12 with related parties which—
13 ‘‘(i) do not occur in the ordinary
14 course of a trade or business, and
15 ‘‘(ii) occur on or after January 1,
16 2018, and during a taxable year to which
17 section 951A did not apply, or
18 ‘‘(B) a transfer or issuance of stock on or
19 after January 1, 2018, results in a reduction in
20 a United States shareholder’s pro rata share of
21 a controlled foreign corporation’s subpart F in-
22 come or tested income (as defined in section
23 951A).’’.
24 (d) CONFORMING AMENDMENTS.—
25 (1) Section 91 is amended—
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1597
1 (A) in subsection (a), by striking ‘‘specified
2 10-percent owned foreign corporation (as de-
3 fined in section 245A)’’ and inserting ‘‘con-
4 trolled foreign corporation’’, and
5 (B) in subsection (e), by striking ‘‘specified
6 10-percent owned foreign corporation’’ and in-
7 serting ‘‘controlled foreign corporation’’.
8 (2)(A) The heading of section 245A is amended
9 by striking ‘‘SPECIFIED 10-PERCENT OWNED
25 PORATION’’.
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1 (4) Section 904 is amended—
2 (A) in subsection (b)(4), by striking ‘‘spec-
3 ified 10-percent owned foreign corporation’’
4 both places it appears and inserting ‘‘controlled
5 foreign corporation’’, and
6 (B) in subsection (d)(2)(E)—
7 (i) in clause (i)(I), by striking ‘‘(as
8 defined in section 245A(b))’’, and
9 (ii) by redesignating clause (ii) as
10 clause (iii) and by inserting after clause (i)
11 the following new clause:
12 ‘‘(ii) SPECIFIED 10-PERCENT OWNED
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1 vestment company (as defined in sec-
2 tion 1297) with respect to the share-
3 holder and which is not a controlled
4 foreign corporation.’’.
5 (5) Section 909(b) is amended by striking ‘‘(as
6 defined in section 245A(b) without regard to para-
7 graph (2) thereof)’’ and inserting ‘‘(as defined in
8 section 904(d)(2)(E)(ii) without regard to subclause
9 (II) thereof)’’.
10 (6) Section 961(d) is amended—
11 (A) by striking ‘‘specified 10-percent
12 owned foreign corporation (as defined in section
13 245A)’’ and inserting ‘‘controlled foreign cor-
14 poration’’, and
15 (B) by striking ‘‘SPECIFIED 10-PERCENT
16 OWNED FOREIGN CORPORATION’’ in the head-
17 ing and inserting ‘‘CONTROLLED FOREIGN
18 CORPORATION’’.
19 (e) EFFECTIVE DATES.—
20 (1) IN GENERAL.—Except as otherwise pro-
21 vided in this subsection, the amendments made by
22 this section shall apply to distributions made after
23 the date of the enactment of this Act.
24 (2) MODIFICATIONS RELATED TO DETERMINA-
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1 PORATION.—The amendments made by subsection
2 (b) shall apply to taxable years of foreign corpora-
3 tions beginning after the date of the enactment of
4 this Act, and taxable years of United States persons
5 in which or with which such taxable years of foreign
6 corporations end.
7 (f) NO INFERENCE REGARDING CERTAIN MODIFICA-
8 TIONS.—The amendments made by subsections (b)(1),
9 (b)(3), (b)(5), and (c) shall not be construed to create any
10 inference with respect to the proper application of any pro-
11 vision of the Internal Revenue Code of 1986 with respect
12 to distributions made, or taxable years beginning, respec-
13 tively, before the distributions or taxable years, respec-
14 tively, to which such amendments apply.
15 SEC. 138129. LIMITATION ON FOREIGN BASE COMPANY
20 ITY.—
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1 ‘‘(i) a taxable unit which is a tax resi-
2 dent of (or, in the case of a branch, is lo-
3 cated in) the United States, or
4 ‘‘(ii) is subject to tax under this chap-
5 ter by reason of such person’s activities in
6 the United States.
7 ‘‘(B) REGULATIONS.—The Secretary shall
8 issue such regulations or other guidance as may
9 be necessary or appropriate to carry out the
10 purposes of this subsection (and subsection (e)),
11 including—
12 ‘‘(i) regulations or other guidance pro-
13 viding for the proper application of sub-
14 paragraph (A) in the case of a transaction
15 (or series of transactions) in which a per-
16 son described in subparagraph (A) is a
17 party, and
18 ‘‘(ii) regulations or other guidance
19 providing that, for purposes of determining
20 foreign base company sales income in situ-
21 ations in which any activity (including a
22 transaction) or the legal status of a pass-
23 through entity or branch held directly or
24 indirectly by a controlled foreign corpora-
25 tion and that is located outside the country
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1 in which the controlled foreign corporation
2 is a tax resident, the pass-through entity
3 or branch shall be treated as a wholly
4 owned subsidiary of the controlled foreign
5 corporation.
6 ‘‘(C) CERTAIN TERMS.—Any term used in
7 this paragraph which is also used in section
8 904(e) shall have the same meaning as when
9 used in such section.’’.
10 (b) FOREIGN BASE COMPANY SERVICES INCOME.—
11 Section 954(e)(1)(A) is amended by striking ‘‘subsection
12 (d)(3)’’ and inserting ‘‘subsection (d)’’.
13 (c) CERTAIN OTHER MODIFICATIONS.—
14 (1) Section 78 is amended by striking ‘‘, (b),’’.
15 (2)(A) Section 951(a) is amended to read as
16 follows:
17 ‘‘(a) AMOUNTS INCLUDED.—
18 ‘‘(1) IN GENERAL.—If a foreign corporation is
19 a controlled foreign corporation for any taxable year,
20 every person who is a United States shareholder of
21 such corporation, and who owns (within the meaning
22 of section 958(a)) stock in such corporation at any
23 time during such taxable year of such corporation,
24 shall include in such shareholder’s gross income for
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1 such shareholder’s taxable year in which or with
2 which such taxable year of such corporation ends—
3 ‘‘(A) his pro rata share (determined under
4 paragraph (2)) of the corporation’s subpart F
5 income for such year, and
6 ‘‘(B) if such shareholder owns (within the
7 meaning of section 958(a)) stock of such for-
8 eign corporation as of the close of the last rel-
9 evant day of such foreign corporation’s taxable
10 year, the amount determined under section 956
11 with respect to such shareholder for such year
12 (but only to the extent not excluded from gross
13 income under section 959(a)(2)).
14 ‘‘(2) PRO RATA SHARE OF SUBPART F IN-
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1 ‘‘(B) if such shareholder owns (within the
2 meaning of section 958(a)) stock of such for-
3 eign corporation during such taxable year but
4 does not own (within the meaning of section
5 958(a)) such stock as of the close of such last
6 relevant day, such shareholder’s nontaxed cur-
7 rent dividend share determined under para-
8 graph (4).
9 ‘‘(3) GENERAL PRO RATA SHARE.—
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1 ‘‘(ii) the lesser of—
2 ‘‘(I) the amount of any pre-hold-
3 ing period dividends with respect to
4 stock of such foreign corporation
5 which such shareholder owns (within
6 the meaning of section 958(a)) as of
7 the close of the last relevant day of
8 such foreign corporation’s taxable
9 year, or
10 ‘‘(II) the amount which bears the
11 same ratio to the subpart F income of
12 such corporation for the taxable year
13 (reduced by the aggregate nontaxed
14 current dividend shares determined
15 under paragraph (4) with respect to
16 such shareholder or any other United
17 States shareholder) as the part of
18 such year during which such share-
19 holder did not own (within the mean-
20 ing of section 958(a)) such stock
21 bears to the entire year.
22 ‘‘(B) PRO RATA CURRENT EARNINGS PER-
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1 States shareholder with respect to a foreign cor-
2 poration for any taxable year of such foreign
3 corporation, the ratio (expressed as a percent-
4 age) of—
5 ‘‘(i) the amount which would have
6 been distributed with respect to the stock
7 which such shareholder owns (within the
8 meaning of section 958(a)) in such cor-
9 poration if on the last relevant day of such
10 taxable year it had distributed its earnings
11 and profits for such taxable year (com-
12 puted as of the close of such taxable year
13 without diminution by reason of any dis-
14 tributions made during such taxable year),
15 divided by
16 ‘‘(ii) such corporation’s earnings and
17 profits for such taxable year (as so com-
18 puted).
19 ‘‘(C) PRE-HOLDING PERIOD DIVIDENDS.—
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1 ‘‘(i) made out of such corporation’s
2 earnings and profits for the taxable year
3 (other than nontaxed current dividends as
4 defined in paragraph (4)(C)), and
5 ‘‘(ii) received—
6 ‘‘(I) by any other United States
7 person with respect to stock of such
8 foreign corporation which such share-
9 holder owns (within the meaning of
10 section 958(a)) as of the close of the
11 last relevant day of such foreign cor-
12 poration’s taxable year, and
13 ‘‘(II) while such foreign corpora-
14 tion was a controlled foreign corpora-
15 tion and before such shareholder
16 owned (within the meaning of section
17 958(a)) such stock.
18 ‘‘(4) NONTAXED CURRENT DIVIDEND SHARE.—
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1 ‘‘(B) NONTAXED CURRENT DIVIDEND PER-
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1 the extent such amount (without regard to
2 amounts included in the gross income of a
3 United States shareholder for the taxable year
4 by reason of this subpart)—
5 ‘‘(i) would result in a dividend out of
6 the corporation’s earnings and profits for
7 the taxable year (including a dividend
8 under section 1248 attributable to earn-
9 ings and profits for the taxable year), and
10 ‘‘(ii) either—
11 ‘‘(I) would give rise to a deduc-
12 tion under section 245A(a), or
13 ‘‘(II) in the case of a dividend
14 paid directly or indirectly to a con-
15 trolled foreign corporation with re-
16 spect to stock owned by the share-
17 holder within the meaning of section
18 958(a)(2), would not result in subpart
19 F income with respect to such con-
20 trolled foreign corporation by reason
21 of subsection (b)(4), (c)(3), or (c)(6)
22 of section 954.
23 ‘‘(5) LAST RELEVANT DAY OF TAXABLE YEAR
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1 day’ means, with respect to any taxable year of a
2 foreign corporation, the last day of such taxable year
3 on which such corporation is a controlled foreign
4 corporation.
5 ‘‘(6) REGULATIONS.—The Secretary may pre-
6 scribe such regulations or other guidance as may be
7 necessary or appropriate to carry out the purposes
8 of this subsection, including regulations or other
9 guidance—
10 ‘‘(A) to treat a partnership as an aggre-
11 gate of its partners,
12 ‘‘(B) to provide rules allowing a foreign
13 corporation to close its taxable year upon a
14 change in ownership, and
15 ‘‘(C) to treat a distribution followed by an
16 issuance of stock to a shareholder not subject
17 to tax under this chapter in the same manner
18 as an acquisition of stock.’’.
19 (B) Section 951A(a) is amended to read as fol-
20 lows:
21 ‘‘(a) IN GENERAL.—If a foreign corporation is a con-
22 trolled foreign corporation for any taxable year, every per-
23 son who is a United States shareholder of such corpora-
24 tion, and who owns (within the meaning of section 958(a))
25 stock in such corporation at any time during such taxable
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1 year of such corporation, shall include in such share-
2 holder’s gross income for such shareholder’s taxable year
3 in which or with which such taxable year of such corpora-
4 tion ends, such shareholder’s global intangible low-taxed
5 income for such taxable year.’’.
6 (C) Section 951A(e) is amended to read as fol-
7 lows:
8 ‘‘(e) DETERMINATION OF PRO RATA SHARES.—For
9 purposes of this section, the pro rata shares referred to
10 in subsections (b), (c)(1)(A), and (c)(1)(B), respectively,
11 shall be determined under rules similar to the rules of sec-
12 tion 951(a)(2) and shall be taken into account in the tax-
13 able year of the United States shareholder in which or
14 with which the taxable year of the controlled foreign cor-
15 poration ends.’’.
16 (D) Section 953(c)(5)(A)(i) is amended—
17 (i) in subclause (I), by adding ‘‘and’’ at
18 the end,
19 (ii) in subclause (II)—
20 (I) by striking ‘‘on the last day of the
21 taxable year’’ and inserting ‘‘during the
22 taxable year’’, and
23 (II) by striking ‘‘and’’ at the end and
24 inserting ‘‘or’’, and
25 (iii) by striking subclause (III).
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1 (3) Section 959 is amended by adding at the
2 end the following:
3 ‘‘(g) REGULATIONS.—The Secretary shall issue such
4 regulations or other guidance as may be necessary or ap-
5 propriate to carry out the purposes of this section.’’.
6 (4) Section 961(b) is amended by inserting
7 after the first sentence the following: ‘‘The Secretary
8 shall prescribe such other reductions to basis as are
9 necessary or appropriate to carry out the purposes
10 of this section.’’.
11 (5) Section 961(c) is amended—
12 (A) by striking ‘‘BASIS ADJUSTMENTS IN’’
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1 ‘‘(3) property by reason of which the United
2 States shareholder is considered as owning stock de-
3 scribed in paragraph (1) or (2),
4 but only for purposes of determining the amount included
5 under section 951 in the gross income of such United
6 States shareholder (or any other United States share-
7 holder who acquires from any person any portion of the
8 interest of such United States shareholder by reason of
9 which such shareholder was treated as owning such stock,
10 but only to the extent of such portion, and subject to such
11 proof of identity of such interest as the Secretary may pre-
12 scribe by regulations). The preceding sentence shall not
13 apply with respect to any stock or property to which sub-
14 section (a) or (b) applies.’’.
15 (d) EFFECTIVE DATES.—The amendments made by
16 this section shall apply to taxable years of foreign corpora-
17 tions beginning after December 31, 2021, and to taxable
18 years of United States shareholders in which or with which
19 such taxable years of foreign corporations end.
20 (e) NO INFERENCE REGARDING CERTAIN MODIFICA-
21 TIONS.—The amendments made by paragraphs (1) and
22 (2) of subsection (c) shall not be construed to create any
23 inference with respect to the proper application of any pro-
24 vision of the Internal Revenue Code of 1986 with respect
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1 to any taxable year beginning before the taxable years to
2 which such amendments apply.
3 Subpart D—Inbound International Provisions
5 ABUSE TAX.
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1 ‘‘(A) in the case of any taxable year begin-
2 ning after December 31, 2021, and before Jan-
3 uary 1, 2023, 10 percent,
4 ‘‘(B) in the case of any taxable year begin-
5 ning after December 31, 2022, and before Jan-
6 uary 1, 2024, 12.5 percent,
7 ‘‘(C) in the case of any taxable year begin-
8 ning after December 31, 2023, 15 percent, and
9 ‘‘(D) in the case of any taxable year begin-
10 ning after December 31, 2024, 18 percent.’’.
11 (4) TAXPAYERS SUBJECT TO RULES FOR BANKS
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1 1504(b)(3)) which includes any person de-
2 scribed in clause (i) or (ii).’’.
3 (5) TERMINATION OF INCREASED RATE FOR
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1 ‘‘(c) MODIFIED TAXABLE INCOME.—For purposes of
2 this section—
3 ‘‘(1) IN GENERAL.—The term ‘modified taxable
4 income’ means the taxable income of the taxpayer
5 computed under this chapter for the taxable year
6 with the following adjustments:
7 ‘‘(A) BASE EROSION PAYMENTS.—Taxable
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1 ‘‘(ii) by determining any net operating
2 loss arising in any taxable year beginning
3 after December 31, 2021, without regard
4 to any base erosion tax benefit (determined
5 with respect to each such taxable year),
6 and
7 ‘‘(iii) by making appropriate adjust-
8 ments in the application of section
9 172(b)(2) to take into account clauses (i)
10 and (ii) of this subparagraph.
11 ‘‘(D) APPLICATION OF CERTAIN OTHER
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1619
1 preciation) with respect to the property ac-
2 quired with such payment,
3 ‘‘(C) in the case of a base erosion payment
4 described in subsection (d)(3)—
5 ‘‘(i) any reduction under section
6 803(a)(1)(B) in the gross amount of pre-
7 miums and other consideration on insur-
8 ance and annuity contracts for premiums
9 and other consideration arising out of in-
10 demnity insurance, and
11 ‘‘(ii) any deduction under section
12 832(b)(4)(A) from the amount of gross
13 premiums written on insurance contracts
14 during the taxable year for premiums paid
15 for reinsurance, and
16 ‘‘(D) in the case of a base erosion payment
17 described in subsection (d)(4), any reduction in
18 gross receipts with respect to such payment in
19 computing gross income of the taxpayer for the
20 taxable year for purposes of this chapter.’’.
21 (2) CERTAIN PAYMENTS WITH RESPECT TO IN-
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1 ‘‘(5) CERTAIN PAYMENTS WITH RESPECT TO IN-
2 VENTORY.—
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1 satisfaction of the Secretary are attrib-
2 utable to amounts—
3 ‘‘(I) paid or incurred by such for-
4 eign person to a United States person
5 or a person which is not a related
6 party of the taxpayer, or
7 ‘‘(II) otherwise subject to the tax
8 imposed by this chapter.
9 ‘‘(C) APPLICATION TO RELATED-PARTY
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1 ‘‘(D) SAFE HARBOR WITH RESPECT INDI-
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1 (j) and by inserting after subsection (h) the fol-
2 lowing new subsection:
3 ‘‘(i) CERTAIN PAYMENT NOT TREATED AS BASE
4 EROSION PAYMENTS.—
5 ‘‘(1) EXCEPTION FOR PAYMENTS ON WHICH
6 TAX IS IMPOSED.—
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1 payer establishes to the satisfaction of the Sec-
2 retary that such amount was not made to a for-
3 eign person which is a related party of the tax-
4 payer that is subject to an effective rate of for-
5 eign income tax (as defined in section
6 904(d)(2)(F)) which is not less than the lesser
7 of—
8 ‘‘(i) 15 percent, or
9 ‘‘(ii) the applicable percentage in ef-
10 fect under subsection (b)(2) (determined
11 without regard to subsection (b)(3)) for
12 the taxable year in which such amount is
13 paid or accrued.
14 ‘‘(B) CERTAIN PAYMENTS TO RELATED
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1 the amount so paid directly or indirectly funds
2 a payment to such second foreign person.
3 ‘‘(C) DETERMINATION ON BASIS OF APPLI-
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1 ‘‘(3) EXCEPTION FOR CERTAIN AMOUNTS WITH
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1 (d) TREATMENT OF APPLICABLE TAXPAYERS.—Sec-
2 tion 59A(e) is amended by adding at the end the following
3 new paragraph:
4 ‘‘(4) CONTINUATION OF TREATMENT AS APPLI-
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1 Subpart E—Other Business Tax Provisions
4 TION.
1629
1 to any use or indication with respect
2 to any disease or condition) for such
3 drug is issued under section 351(a) of
4 the Public Health Service Act, and’’.
5 (c) ELIGIBILITY OF BIOLOGICAL PRODUCTS.—
6 (1) IN GENERAL.—Section 45C(b)(2)(A)(i) is
7 amended by inserting ‘‘or, if the drug is a biological
8 product, section 351(a)(3) of the Public Health
9 Service Act’’ before the comma at the end.
10 (2) CONFORMING AMENDMENT.—Section
18 LOSSES.
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1 (2) TREATMENT OF PARTNERSHIP INDEBTED-
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1 ‘‘(h) DEFERRAL OF LOSSES IN CERTAIN CON-
2 TROLLED GROUP LIQUIDATIONS.—
3 ‘‘(1) IN GENERAL.—In the case of any specified
4 controlled group liquidation, no loss shall be recog-
5 nized by any member of the controlled group on any
6 stock or security of the liquidating corporation until
7 all members of the controlled group which received
8 property in connection with such liquidation have
9 transferred such property to one or more persons
10 who are not related (within the meaning of sub-
11 section (b)(3) or section 707(b)(1)) to the member
12 which received such property.
13 ‘‘(2) SPECIFIED CONTROLLED GROUP LIQUIDA-
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1632
1 this subsection, including to apply the principles of
2 this subsection to liquidating corporation stock or
3 securities owned by a corporation indirectly through
4 1 or more partnerships.’’.
5 (c) CROSS REFERENCE.—Section 331(c) is amend-
6 ed—
7 (1) by striking ‘‘CROSS REFERENCE’’ and all
8 that follows through ‘‘For general rule’’ and insert-
9 ing the following: ‘‘CROSS REFERENCE.—
10 ‘‘(1) For general rule’’, and
11 (2) by adding at the end the following new
12 paragraph:
13 ‘‘(2) For losses in controlled group liquidations,
14 see section 267(h).’’.
15 (d) EFFECTIVE DATE.—
16 (1) SUBSECTION (a).—The amendments made
17 by this section shall apply to losses arising in taxable
18 years beginning after December 31, 2021.
19 (2) SUBSECTION (b).—The amendment made
20 by subsection (b) shall apply to liquidations on or
21 after the date of the enactment of this Act.
22 SEC. 138143. ADJUSTED BASIS LIMITATION FOR DIVISIVE
23 REORGANIZATION.
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1 ‘‘(d) ADJUSTED BASIS LIMITATION FOR DIVISIVE
2 REORGANIZATIONS.—
3 ‘‘(1) IN GENERAL.—Except as provided in para-
4 graph (2), in the case of a reorganization described
5 in section 368(a)(1)(D) with respect to which stock
6 or securities of the controlled corporation (within the
7 meaning of section 355) are distributed by the dis-
8 tributing corporation (within the meaning of such
9 section) in a transaction which qualifies under such
10 section—
11 ‘‘(A) subsection (b)(3) shall not apply to so
12 much of the amount described in clause (i)(II)
13 as does not exceed the excess (if any) of—
14 ‘‘(i) the sum of—
15 ‘‘(I) the total amount of the li-
16 abilities assumed (within the meaning
17 of section 357(c)) by the controlled
18 corporation, and
19 ‘‘(II) the total amount of money
20 and the fair market value of other
21 property transferred to the creditors,
22 over
23 ‘‘(ii) the total adjusted bases of the
24 assets transferred by the distributing cor-
25 poration to the controlled corporation, and
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1634
1 ‘‘(B) subsection (c)(3) shall not apply to so
2 much of the amount described in clause (i)(II)
3 as does not exceed the excess (if any) of—
4 ‘‘(i) the sum of—
5 ‘‘(I) the total amount of the li-
6 abilities assumed (within the meaning
7 of section 357(c)) by the controlled
8 corporation, and
9 ‘‘(II) the fair market value of the
10 stock described in section
11 354(a)(2)(C) and the total principal
12 amount of obligations of the con-
13 trolled corporation described in sub-
14 section (c)(2)(B) which are qualified
15 property (as defined in subsection
16 (c)(2)(B)) transferred to the creditors,
17 over
18 ‘‘(ii) the total adjusted bases of the
19 assets transferred by the distributing cor-
20 poration to the controlled corporation.
21 ‘‘(2) EXCEPTION REGARDING CERTAIN STOCK
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1 ‘‘(3) REGULATIONS.—The Secretary shall issue
2 such regulations or other guidance as may be nec-
3 essary or appropriate to carry out the purposes of
4 this subsection and to prevent avoidance of tax
5 through abuse or circumvention of subsection (b)(3),
6 subsection (c)(3), or this subsection, including to de-
7 termine whether a disposition of property or any
8 other transaction is in connection with the reorga-
9 nization or pursuant to the plan of reorganization.
10 ‘‘(e) CROSS-REFERENCES.—For provisions providing
11 for the inclusion of income or recognition of gain in certain
12 distributions, see subsections (d), (e), (f), (g), and (h) of
13 section 355.’’.
14 (b) CONFORMING AMENDMENTS.—
15 (1) Section 361(b)(3) is amended—
16 (A) in the first sentence, by inserting ‘‘,
17 and except as provided in subsection (d)’’ after
18 ‘‘paragraph (1)’’, and
19 (B) by striking the second and third sen-
20 tences.
21 (2) Section 361(c) is amended—
22 (A) in paragraph (3), by inserting ‘‘, and
23 except as provided in subsection (d)’’ after ‘‘this
24 subsection’’, and
25 (B) by striking paragraph (5).
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1 (c) EFFECTIVE DATE.—The amendments made by
2 this section shall apply to reorganizations occurring on or
3 after the date of the enactment of this Act.
4 (d) TRANSITION RULE.—The amendments made by
5 this section shall not apply to any exchange pursuant to
6 a transaction which is—
7 (1) made pursuant to a written agreement
8 which was binding on the date of the enactment of
9 this Act, and at all times thereafter,
10 (2) described in a ruling request submitted to
11 the Internal Revenue Service on or before such date,
12 or
13 (3) described on or before such date in a public
14 announcement or in a filing with the Securities and
15 Exchange Commission.
16 SEC. 138144. RENTS FROM PRISON FACILITIES NOT TREAT-
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1 personal property which is primarily used in
2 connection with any correctional, detention, or
3 penal facility.’’.
4 (b) EFFECTIVE DATE.—The amendments made by
5 this section shall apply to taxable years beginning after
6 December 31, 2021.
7 SEC. 138145. MODIFICATIONS TO EXEMPTION FOR PORT-
8 FOLIO INTEREST.
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1638
1 SEC. 138146. CERTAIN PARTNERSHIP INTEREST DERIVA-
2 TIVES.
1639
1 ‘‘(ii) any other partnership as the Sec-
2 retary may by regulation prescribe.
3 ‘‘(C) EXCEPTIONS.—
4 ‘‘(i) CERTAIN PAYMENTS.—Subpara-
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1 similar to the rules and definitions in para-
2 graphs (3), (4), (5), (6), and (7) shall apply to
3 an interest in a specified partnership in a man-
4 ner similar to an underlying security, and to in-
5 come or gain in respect of an interest in a spec-
6 ified partnership in a manner similar to a divi-
7 dend.
8 ‘‘(E) REGULATIONS.—The Secretary shall
9 issue such regulations or other guidance as the
10 Secretary determines is necessary or appro-
11 priate to carry out the purposes of this para-
12 graph, including to apply this paragraph to
13 payments determined under sale-repurchase
14 agreements or securities lending transactions
15 with respect to interests in specified partner-
16 ships, to determine the amount of a distribution
17 by a specified partnership that is income or
18 gain of the partnership (including the portion
19 thereof that is excepted under subparagraph
20 (C)) in a manner consistent with section
21 1441(g), and to require the provision of infor-
22 mation by specified partnerships necessary to
23 determine such amount.’’.
24 (b) WITHHOLDING OF TAX ON NONRESIDENT
25 ALIENS.—Section 1441 is amended by redesignating sub-
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1641
1 section (g) as subsection (h) and by inserting after sub-
2 section (f) the following new subsection:
3 ‘‘(g) DIVIDEND EQUIVALENTS IN CASE OF CERTAIN
4 SPECIFIED PARTNERSHIPS.—The Secretary may pre-
5 scribe regulations, under rules similar to the rules of sec-
6 tion 1446, to determine the amount of a payment in re-
7 spect of income and gain of a specified partnership (as
8 defined in 871(m)(8)) which is a dividend equivalent.’’.
9 (c) EFFECTIVE DATE.—The amendments made by
10 this section shall apply to payments made after December
11 31, 2022.
12 SEC. 138147. ADJUSTMENTS TO EARNINGS AND PROFITS OF
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1 which or with which such taxable years of foreign corpora-
2 tions end.
3 SEC. 138148. CERTAIN DIVIDENDS OF CONTROLLED FOR-
5 DINARY DIVIDENDS.
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1 ‘‘(i) were earned during any period
2 that such corporation was not a controlled
3 foreign corporation, or
4 ‘‘(ii) are attributable to disqualified
5 CFC dividends received by such controlled
6 foreign corporation from another controlled
7 foreign corporation.
8 ‘‘(B) APPLICATION TO CORPORATIONS NOT
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1 quent taxable year of such foreign corporation
2 which begins before the date of the enactment
3 of this subsection, if such foreign corporation
4 would not have been a controlled foreign cor-
5 poration for any such taxable year if section
6 958(b)(4) (as applicable to taxable years begin-
7 ning after the date of the enactment of this
8 subsection) had applied to such taxable year,
9 such corporation shall not be treated as a con-
10 trolled foreign corporation for such taxable year
11 for purposes of this subsection.’’.
12 (b) REGULATIONS.—Section 1059(h), as redesig-
13 nated by subsection (a), is amended—
14 (1) by striking ‘‘regulations’’ both places it ap-
15 pears and inserting ‘‘regulations or other guidance’’,
16 and
17 (2) by striking ‘‘and’’ at the end of paragraph
18 (1), by striking the period at the end of paragraph
19 (2) and inserting ‘‘, and’’, and by adding at the end
20 the following new paragraph:
21 ‘‘(3) providing for the coordination of sub-
22 section (g) with the other provisions of this chapter,
23 including section 1248.’’.
24 (c) EFFECTIVE DATE.—The amendments made by
25 this section shall apply to dividends paid (or amounts
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1 treated as dividends) after the date of the enactment of
2 this Act.
3 SEC. 138149. LIMITATION ON CERTAIN SPECIAL RULES FOR
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1646
1 SEC. 138150. CONSTRUCTIVE SALES.
1647
1 termined after the application of the amendment
2 made by subsection (b)) after the date of the enact-
3 ment of this Act.
4 (2) TREATMENT OF CERTAIN CONTRACTS.—
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1648
1 it appears that, within a period beginning 30 days before
2 the date of such sale or disposition and ending 30 days
3 after such date, the taxpayer (or related party) has ac-
4 quired (by purchase or by an exchange on which the entire
5 amount of gain or loss was recognized by law), or has en-
6 tered into, or has entered into a contract or option so to
7 acquire or a long principal contract in respect of, substan-
8 tially identical specified assets, then no deduction shall be
9 allowed under section 165 unless the taxpayer is a dealer
10 in specified assets and the loss is sustained in a trans-
11 action made in the ordinary course of such business.
12 ‘‘(b) AMOUNT OF SPECIFIED ASSETS DIFFERENT
13 FROM AMOUNT OF SPECIFIED ASSETS SOLD.—If the
14 amount of specified assets acquired (or covered by the con-
15 tract or option to acquire or long notional principal con-
16 tract in respect of) is different from the amount of speci-
17 fied assets sold or otherwise disposed of, then the par-
18 ticular specified assets the acquisition of which (or the
19 contract or option to acquire or long notional principal
20 contract which) resulted in the nondeductibility of the loss
21 shall be determined under regulations prescribed by the
22 Secretary.
23 ‘‘(c) ADJUSTMENT TO BASIS IN CASE OF WASH
24 SALE.—If the taxpayer (or the taxpayer’s spouse) ac-
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1 quires or enters into substantially identical specified assets
2 during the period which—
3 ‘‘(1) begins 30 days before the disposition with
4 respect to which a deduction was disallowed under
5 subsection (a), and
6 ‘‘(2) ends with the close of the taxpayer’s first
7 taxable year which begins after such disposition,
8 the basis of such specified assets shall be increased by the
9 amount of the deduction so disallowed (reduced by any
10 amount of such deduction taken into account under this
11 subsection to increase the basis of specified assets pre-
12 viously acquired).
13 ‘‘(d) CERTAIN SHORT SALES OF SPECIFIED ASSETS
14 AND CONTRACTS TO SELL.—Rules similar to the rules of
15 subsection (a) shall apply to any loss realized on the clos-
16 ing of a short sale of (or the sale, exchange, or termination
17 of a contract to sell or a short notional principal contract
18 in respect of) specified assets if, within a period beginning
19 30 days before the date of such closing and ending 30
20 days after such date—
21 ‘‘(1) substantially identical specified assets were
22 sold or terminated by the taxpayer (or a related
23 party), or
24 ‘‘(2) another short sale of (or contract to sell or
25 short notional principal contract in respect of) sub-
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1650
1 stantially identical specified assets was entered into
2 by the taxpayer (or related party).
3 ‘‘(e) CASH SETTLEMENT.—This section shall not fail
4 to apply to a contract or option to acquire or sell specified
5 assets solely by reason of the fact that the contract or
6 option settles in (or could be settled in) cash or property
7 other than such specified assets.
8 ‘‘(f) RELATED PARTY.—For purposes of this sec-
9 tion—
10 ‘‘(1) IN GENERAL.—The term ‘related party’
11 means—
12 ‘‘(A) the taxpayer’s spouse,
13 ‘‘(B) any dependent of the taxpayer and
14 any other taxpayer with respect to whom the
15 taxpayer is a dependent,
16 ‘‘(C) any individual, corporation, partner-
17 ship, trust, or estate which controls, or is con-
18 trolled by, (within the meaning of section
19 954(d)(3)) the taxpayer or any individual de-
20 scribed in subparagraph (A) or (B) with respect
21 to the taxpayer (or any combination thereof),
22 ‘‘(D) any individual retirement plan, Ar-
23 cher MSA (as defined in section 220(d)), or
24 health savings account (as defined in section
25 223(d)), of the taxpayer or of any individual de-
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1651
1 scribed in subparagraph (A) or (B) with respect
2 to the taxpayer,
3 ‘‘(E) any account under a qualified tuition
4 program described in section 529 or a Coverdell
5 education savings account (as defined in section
6 530(b)) if the taxpayer, or any individual de-
7 scribed in subparagraph (A) or (B) with respect
8 to the taxpayer, is the designated beneficiary of
9 such account or has the right to make any deci-
10 sion with respect to the investment of any
11 amount in such account, and
12 ‘‘(F) any account under—
13 ‘‘(i) a plan described in section
14 401(a),
15 ‘‘(ii) an annuity plan described in sec-
16 tion 403(a),
17 ‘‘(iii) an annuity contract described in
18 section 403(b), or
19 ‘‘(iv) an eligible deferred compensa-
20 tion plan described in section 457(b) and
21 maintained by an employer described in
22 section 457(e)(1)(A),
23 if the taxpayer or any individual described in
24 subparagraph (A) or (B) with respect to the
25 taxpayer has the right to make any decision
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1652
1 with respect to the investment of any amount in
2 such account.
3 ‘‘(2) RULES FOR DETERMINING STATUS.—
15 TUS.—
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1 shall not be treated as married individuals.
2 ‘‘(3) REGULATIONS.—The Secretary shall issue
3 such regulations or other guidance as may be nec-
4 essary to prevent the avoidance of the purposes of
5 this subsection, including regulations which treat
6 persons as related parties if such persons are formed
7 or availed of to avoid the purposes of this sub-
8 section.
9 ‘‘(g) SPECIFIED ASSET.—For purposes of this sec-
10 tion, the term ‘specified asset’ means any of the following:
11 ‘‘(1) Any security described in subparagraph
12 (A), (B), (C), (D), or (E) of section 475(c)(2).
13 ‘‘(2) Any foreign currency.
14 ‘‘(3) Any commodity described in subparagraph
15 (A), (B), or (C) of section 475(e)(2).
16 ‘‘(4) Except as otherwise provided by the Sec-
17 retary, any digital representation of value which is
18 recorded on a cryptographically secured distributed
19 ledger or any similar technology as specified by the
20 Secretary.
21 Such term shall, except as provided in regulations, include
22 contracts or options to acquire or sell any specified assets.
23 ‘‘(h) EXCEPTION FOR BUSINESS NEEDS AND HEDG-
24 ING TRANSACTIONS.—Except as provided in regulations
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1654
1 prescribed by the Secretary, subsection (a) shall not apply
2 in the case of any sale or other disposition—
3 ‘‘(1) of a foreign currency or commodity de-
4 scribed in subsection (h), and
5 ‘‘(2) which—
6 ‘‘(A) is directly related to the business
7 needs of a trade or business of the taxpayer
8 (other than the trade or business of trading for-
9 eign currencies or commodities described in
10 subsection (h)), or
11 ‘‘(B) is part of a hedging transaction (as
12 defined in section 1221(b)(2)).’’.
13 (b) CLERICAL AMENDMENT.—The table of sections
14 for part VII of subchapter O of chapter 1 is amended by
15 striking the item relation to section 1091 and inserting
16 the following new item:
‘‘Sec. 1091. Loss from wash sales of specified assets.’’.
1655
1 SEC. 138153. RESEARCH AND EXPERIMENTAL EXPENDI-
2 TURES.
13 INDIVIDUALS
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1 investment income’ for ‘net investment income’ in
2 subparagraph (A) thereof.
3 ‘‘(2) PHASE-IN OF INCREASE.—The increase in
4 the tax imposed under subsection (a)(1) by reason of
5 the application of paragraph (1) of this subsection
6 shall not exceed the amount which bears the same
7 ratio to the amount of such increase (determined
8 without regard to this paragraph) as—
9 ‘‘(A) the excess described in paragraph (1),
10 bears to
11 ‘‘(B) $100,000 (1⁄2 such amount in the
12 case of a married taxpayer (as defined in sec-
13 tion 7703) filing a separate return).
14 ‘‘(3) HIGH INCOME THRESHOLD AMOUNT.—For
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1 turn, 1⁄2 of the dollar amount determined under
2 subparagraph (B).
3 ‘‘(4) SPECIFIED NET INCOME.—For purposes of
4 this section, the term ‘specified net income’ means
5 net investment income determined—
6 ‘‘(A) without regard to the phrase ‘other
7 than such income which is derived in the ordi-
8 nary course of a trade or business not described
9 in paragraph (2),’ in subsection (c)(1)(A)(i),
10 ‘‘(B) without regard to the phrase ‘de-
11 scribed in paragraph (2)’ in subsection
12 (c)(1)(A)(ii),
13 ‘‘(C) without regard to the phrase ‘other
14 than property held in a trade or business not
15 described in paragraph (2)’ in subsection
16 (c)(1)(A)(iii),
17 ‘‘(D) without regard to paragraphs (2),
18 (3), and (4) of subsection (c), and
19 ‘‘(E) by treating paragraphs (5) and (6) of
20 section 469(c) as applying for purposes of sub-
21 section (c) of this section.’’.
22 (b) APPLICATION TO TRUSTS AND ESTATES.—Sec-
23 tion 1411(a)(2)(A) is amended by striking ‘‘undistributed
24 net investment income’’ and inserting ‘‘the greater of un-
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1658
1 distributed specified net income or undistributed net in-
2 vestment income’’.
3 (c) CLARIFICATIONS WITH RESPECT TO DETER-
4 MINATION OF NET INVESTMENT INCOME.—
5 (1) WAGES SUBJECT TO FICA OR RRTA NOT
16 COME.—
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1659
1 (B) PROPER TREATMENT OF CERTAIN
24 OF NONCORPORATE TAXPAYERS.
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1 (1) IN GENERAL.—Section 461(l)(1) is amend-
2 ed to read as follows:
3 ‘‘(1) LIMITATION.—In the case of any taxpayer
4 other than a corporation, any excess business loss of
5 the taxpayer for the taxable year shall not be al-
6 lowed.’’.
7 (2) CONFORMING AMENDMENT.—Section 461 is
8 amended by striking subsection (j).
9 (b) MODIFICATION OF CARRYOVER OF DISALLOWED
10 LOSSES.—Section 461(l)(2) is amended to read as follows:
11 ‘‘(2) DISALLOWED LOSS CARRYOVER.—Any loss
12 which is disallowed under paragraph (1) for any tax-
13 able year shall be treated (solely for purposes of this
14 chapter) as a deduction described in paragraph
15 (3)(A)(i) for the next taxable year.’’.
16 (c) EFFECTIVE DATE.—The amendments made by
17 this section shall apply to taxable years beginning after
18 December 31, 2020.
19 SEC. 138203. SURCHARGE ON HIGH INCOME INDIVIDUALS,
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1 ‘‘SEC. 1A. SURCHARGE ON HIGH INCOME INDIVIDUALS, ES-
1662
1 income’ means adjusted gross income reduced by any de-
2 duction (not taken into account in determining adjusted
3 gross income) allowed for investment interest (as defined
4 in section 163(d)). In the case of an estate or trust, ad-
5 justed gross income shall be determined as provided in sec-
6 tion 67(e).
7 ‘‘(c) SPECIAL RULES.—
8 ‘‘(1) NONRESIDENT ALIEN.—In the case of a
9 nonresident alien individual, only amounts taken
10 into account in connection with the tax imposed
11 under section 871(b) shall be taken into account
12 under this section.
13 ‘‘(2) CITIZENS AND RESIDENTS LIVING
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1663
1 in which are devoted to one or more of the purposes
2 described in section 170(c)(2)(B).
3 ‘‘(4) NOT TREATED AS TAX IMPOSED BY THIS
18 PLIANCE
20 ICE RESOURCES.
21 (a) APPROPRIATIONS.—
22 (1) IN GENERAL.—The following sums are ap-
23 propriated, out of any money in the Treasury not
24 otherwise appropriated, for the fiscal year ending
25 September 30, 2022:
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1 (A) INTERNAL REVENUE SERVICE.—
2 (i) IN GENERAL.—
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1 to enforce criminal statutes related to
2 violations of internal revenue laws and
3 other financial crimes, to purchase
4 and hire passenger motor vehicles (31
5 U.S.C. 1343(b)), and to provide other
6 services as authorized by 5 U.S.C.
7 3109, at such rates as may be deter-
8 mined by the Commissioner,
9 $44,887,500,000, to remain available
10 until September 30, 2031: Provided,
11 That these amounts shall be in addi-
12 tion to any other funds made available
13 for this purpose.
14 (III) OPERATIONS SUPPORT.—
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1 the hire of passenger motor vehicles
2 (31 U.S.C. 1343(b)); the operations of
3 the Internal Revenue Service Over-
4 sight Board; and other services as au-
5 thorized by 5 U.S.C. 3109, at such
6 rates as may be determined by the
7 Commissioner, $27,376,300,000, to
8 remain available until September 30,
9 2031: Provided, That these amounts
10 shall be in addition to any other funds
11 made available for this purpose.
12 (IV) BUSINESS SYSTEMS MOD-
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1 (ii) TASK FORCE TO DESIGN AN IRS-
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1 (B) TREASURY INSPECTOR GENERAL FOR
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1 3109, and not to exceed $3,000 for official re-
2 ception and representation expenses;
3 $153,000,000, to remain available until Sep-
4 tember 30, 2031: Provided, That these amounts
5 shall be in addition to any other funds made
6 available for this purpose.
7 (2) MULTI-YEAR OPERATIONAL PLAN.—
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1 (III) any changes in cir-
2 cumstances or challenges in imple-
3 menting the plan.
4 (ii) APPLICABLE PERIOD.—For pur-
5 poses of clause (i), the applicable period is
6 the period beginning 1 year after the date
7 the report under subparagraph (A) is due
8 and ending on September 30, 2031.
9 (C) REDUCTION IN APPROPRIATION.—
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1 (3) NO TAX INCREASES ON CERTAIN TAX-
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1 (B) the positions for which streamlined
2 critical pay is authorized under this paragraph
3 may include positions critical to the purposes
4 described in subclauses (I), (II), and (III) of
5 subsection (a)(1)(A)(i); and
6 (3) appointing, without approval of the Office
7 of Personnel Management, not more than 300 indi-
8 viduals to critical pay positions in the Internal Rev-
9 enue Service for which—
10 (A) the rate of basic pay may not exceed
11 the salary set in accordance with section 104 of
12 title 3, United States Code; and
13 (B) the total annual compensation paid to
14 an employee in such a position, including allow-
15 ances, differentials, bonuses, awards, and simi-
16 lar cash payments, may not exceed the max-
17 imum amount of total annual compensation
18 payable at the salary set in accordance with
19 section 104 of title 3, United States Code.
20 SEC. 138302. APPLICATION OF BACKUP WITHHOLDING
22 TRANSACTIONS.
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1 ‘‘(8) OTHER REPORTABLE PAYMENTS INCLUDE
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1 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as
2 added by this section) shall be applied by inserting ‘‘and
3 the aggregate number of third party network transactions
4 settled by the third party settlement organization with re-
5 spect to the participating payee during such calendar year
6 exceeds 200’’ before the comma at the end.
7 SEC. 138303. MODIFICATION OF PROCEDURAL REQUIRE-
9 ALTIES.
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1 effect as if included in section 3306 of the Internal
2 Revenue Service Restructuring and Reform Act of
3 1998.
4 (2) QUARTERLY CERTIFICATIONS OF COMPLI-
12 TION.
17 NERATION.—
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1 of such purposes, including through the per-
2 formance of services other than as an employee
3 or by providing compensation through a pass-
4 through or other entity.’’.
5 (b) APPLICABLE EMPLOYEE REMUNERATION.—Sec-
6 tion 162(m)(4)(A) is amended—
7 (1) by inserting ‘‘(including performance-based
8 compensation, commissions, post-termination com-
9 pensation, and beneficiary payments)’’ after ‘‘remu-
10 neration for services’’, and
11 (2) by inserting ‘‘and whether or not such re-
12 muneration is paid directly by the publicly held cor-
13 poration’’ after ‘‘whether or not during the taxable
14 year’’.
15 (c) EFFECTIVE DATE.—The amendments made by
16 this section shall apply to taxable years beginning after
17 December 31, 2021.
18 SEC. 138402. EXTENSION OF TAX TO FUND BLACK LUNG
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1 SEC. 138403. PROHIBITED TRANSACTIONS RELATING TO
3 TIREMENT ACCOUNT.
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1 be treated as investment by such account in an
2 interest in such DISC or FSC.
3 ‘‘(B) CONSTRUCTIVE OWNERSHIP.—For
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1 (1) IN GENERAL.—Section 408(a) is amended
2 by inserting after paragraph (6) the following new
3 paragraph:
4 ‘‘(7) No part of the trust funds will be invested
5 in any interest in a DISC or a FSC that receives
6 any commission, or other payment, from an entity
7 any stock or interest in which is owned by the indi-
8 vidual for whose benefit the trust is maintained. For
9 purposes of the preceding sentence, the definitions
10 and rules of section 4975(c)(8) shall apply.’’.
11 (e) LOSS OF EXEMPTION OF ACCOUNT.—Section
12 408(e)(2) is amended—
13 (1) by striking ‘‘established’’ each place it ap-
14 pears in subparagraph (A) and inserting ‘‘main-
15 tained’’,
16 (2) by redesignating subparagraph (B) as sub-
17 paragraph (C),
18 (3) by inserting after subparagraph (A) the fol-
19 lowing new subparagraph:
20 ‘‘(B) PROHIBITED INVESTMENT.—If, dur-
21 ing any taxable year of the individual for whose
22 benefit any individual retirement account is
23 maintained, the investment of any part of the
24 funds of such individual retirement account
25 does not comply with subsection (a)(7), such
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1 account ceases to be an individual retirement
2 account as of the first day of such taxable year.
3 Rules similar to the rules of clauses (i) and (ii)
4 of subparagraph (A) shall apply for purposes of
5 this subparagraph.’’,
6 (4) by striking ‘‘WHERE EMPLOYEE ENGAGES
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1 (C) by striking ‘‘section 408(e)(2)(A)’’ and
2 inserting ‘‘subparagraph (A) or (B) of section
3 408(e)(2)’’.
4 (g) EFFECTIVE DATE.—The amendments made by
5 this section shall apply to stock and other interests ac-
6 quired or held on or after December 31, 2021.
7 SEC. 138404. CLARIFICATION OF TREATMENT OF DISC
9 FOREIGN SHAREHOLDERS.
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1 Subtitle H—Supplemental Security
2 Income for the Territories
3 SECTION 131001. EXTENSION OF THE SUPPLEMENTAL SE-
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1 graphs (3) and (5) as paragraphs (2) and (3),
2 respectively.
3 (3) UNITED STATES NATIONALS TREATED THE
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1 the Commissioner deems it necessary in order to adapt
2 the program to the needs of the territory involved.
3 (d) EFFECTIVE DATE.—This section and the amend-
4 ments made by this section shall take effect on January
5 1, 2024.
◊
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