[Congressional Record Volume 167, Number 201 (Thursday, November 18, 2021)]
[House]
[Pages H6375-H6595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BUILD BACK BETTER ACT
Mr. YARMUTH. Madam Speaker, pursuant to House Resolution 774, I call
up the bill (H.R. 5376) to provide for reconciliation pursuant to title
II of S. Con. Res. 14, and ask for its immediate consideration in the
House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 774, an
amendment in the nature of a substitute consisting of the text of Rules
Committee Print 117-18, modified by the amendment printed in House
Report 117-173, is adopted, and the bill, as amended, is considered
read.
The text of the bill, as amended, is as follows:
H.R. 5376
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--COMMITTEE ON AGRICULTURE
Subtitle A--General Provisions
SEC. 10001. DEFINITIONS.
In this title:
(1) The term ``insular area'' has the meaning given such
term in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
(2) The term ``Secretary'' means the Secretary of
Agriculture.
Subtitle B--Forestry
SEC. 11001. NATIONAL FOREST SYSTEM RESTORATION AND FUELS
REDUCTION PROJECTS.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
(1) $10,000,000,000 for hazardous fuels reduction projects
on National Forest System land within the wildland-urban
interface;
(2) $4,000,000,000 for, on a determination made solely by
the Secretary that hazardous fuels reduction projects within
the wildland-urban interface described in paragraph (1) have
been planned to protect, to the extent practicable, at-risk
communities, hazardous fuels reduction projects on National
Forest System land outside the wildland-urban interface that
are--
(A) primarily noncommercial in nature, provided that, in
accordance with the best available science, the harvest of
merchantable materials shall be ecologically appropriate for
restoration and to enhance ecological health and function,
and any sale of merchantable materials under this paragraph
shall be limited to small diameter trees or biomass that are
a byproduct of hazardous fuel reduction projects;
(B) collaboratively developed; and
(C) carried out in a manner that enhances the ecological
integrity and achieves the restoration of a forest ecosystem;
maximizes the retention of old-growth and large trees, as
appropriate for the forest type; and prioritizes prescribed
fire as the primary means to achieve modified wildland fire
behavior;
(3) $1,000,000,000 for vegetation management projects
carried out solely on National Forest System land that the
Secretary shall select following the receipt of proposals
submitted in accordance with subsections (a), (b), and (c) of
section 4003 of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303);
(4) $400,000,000 for vegetation management projects on
National Forest System land carried out in accordance with a
water source management plan or a watershed protection and
restoration action plan;
(5) $400,000,000 for vegetation management projects on
National Forest System land that--
(A) maintain, or contribute toward the restoration of,
reference old growth characteristics, including structure,
composition, function, and connectivity;
(B) prioritize small diameter trees and prescribed fire to
modify fire behavior; and
(C) maximize the retention of large trees, as appropriate
for the forest type;
(6) $450,000,000 for the Legacy Roads and Trails program of
the Forest Service;
(7) $350,000,000 for National Forest System land management
planning and monitoring, prioritized on the assessment of
watershed, ecological, and carbon conditions on National
Forest System land and the revision and amendment of older
land management plans that present opportunities to protect,
maintain, restore, and monitor ecological integrity,
ecological conditions for at-risk species, and carbon
storage;
(8) $100,000,000 for maintenance of trails on National
Forest System land, with a priority on trails that provide to
underserved communities access to National Forest System
land;
(9) $100,000,000 for capital maintenance and improvements
on National Forest System land, with a priority on
maintenance level 3, 4, and 5 roads and improvements that
restore ecological integrity and conditions for at-risk
species;
(10) $100,000,000 to provide for more efficient and more
effective environmental reviews by the Chief of the Forest
Service in satisfying the obligations of the Chief of the
Forest Service under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 through 4370m-12);
(11) $50,000,000 to develop and carry out activities and
tactics for the protection of older and mature forests on
National Forest System land, including completing an
inventory of older and mature forests within the National
Forest System;
(12) $50,000,000 to develop and carry out activities and
tactics for the maintenance and restoration of habitat
conditions necessary for the protection and recovery of at-
risk species on National Forest System land;
(13) $50,000,000 to carry out post-fire recovery plans on
National Forest System land that emphasize the use of locally
adapted native plant materials to restore the ecological
integrity of disturbed areas and do not include salvage
logging; and
(14) $50,000,000 to develop and carry out nonlethal
activities and tactics to reduce human-wildlife conflicts on
National Forest System land.
(b) Priority for Funding.--For projects described in
paragraphs (1) through (5) of subsection (a), the Secretary
shall prioritize for implementation projects--
(1) for which an environmental assessment or an
environmental impact statement required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 through
4370m-12) has been completed;
(2) that are collaboratively developed; or
(3) that include opportunities to restore sustainable
recreation infrastructure or access or
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accomplish other recreation outcomes on National Forest
System lands, if the opportunities are compatible with the
primary restoration purposes of the project.
(c) Limitations.--None of the funds made available by this
section may be used for any activity--
(1) conducted in a wilderness area or wilderness study
area;
(2) that includes the construction of a permanent road or
permanent trail;
(3) that includes the construction of a temporary road,
except in the case of a temporary road that is decommissioned
by the Secretary not later than 3 years after the earlier
of--
(A) the date on which the temporary road is no longer
needed; and
(B) the date on which the project for which the temporary
road was constructed is completed;
(4) inconsistent with the applicable land management plan;
(5) inconsistent with the prohibitions of the rule of the
Forest Service entitled ``Special Areas; Roadless Area
Conservation'' (66 Fed. Reg. 3244 (January 12, 2001)), as
modified by subparts C and D of part 294 of title 36, Code of
Federal Regulations; or
(6) carried out on any land that is not National Forest
System land, including other forested land on Federal, State,
Tribal, or private land.
(d) Definitions.--In this section:
(1) At-risk community.--The term ``at-risk community'' has
the meaning given the term in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511).
(2) Collaboratively developed.--The term ``collaboratively
developed'' means, with respect to a project located
exclusively on National Forest System land, that the project
is developed and implemented through a collaborative process
that--
(A) includes multiple interested persons representing
diverse interests, except such persons shall not be employed
by the Federal government or be representatives of foreign
entities; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource advisory
committee under subsections (c) through (f) of section 205 of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7125).
(3) Decommission.--The term ``decommission'' means, with
respect to a road--
(A) reestablishing native vegetation on the road;
(B) restoring any natural drainage, watershed function, or
other ecological processes that were disrupted or adversely
impacted by the road by removing or hydrologically
disconnecting the road prism and reestablishing stable slope
contours; and
(C) effectively blocking the road to vehicular traffic,
where feasible.
(4) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19
of title 36, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(5) Hazardous fuels reduction project.--The term
``hazardous fuels reduction project'' means an activity,
including the use of prescribed fire, to protect structures
and communities from wildfire that is carried out on National
Forest System land.
(6) Restoration.--The term ``restoration'' has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(7) Vegetation management project.--The term ``vegetation
management project'' means an activity carried out on
National Forest System land to enhance the ecological
integrity and achieve the restoration of a forest ecosystem
through the removal of vegetation, the use of prescribed
fire, the restoration of aquatic habitat, or the
decommissioning of an unauthorized, temporary, or system
road.
(8) Water source management plan.--The term ``water source
management plan'' means a plan developed under section
303(d)(1) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6542(d)(1)).
(9) Watershed protection and restoration action plan.--The
term ``watershed protection and restoration action plan''
means a plan developed under section 304(a)(3) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6543(a)(3)).
(10) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(e) Limitations.--Nothing in this section shall be
interpreted to authorize funds of the Commodity Credit
Corporation for activities under this section if such funds
are not expressly authorized or currently expended for such
purposes.
(f) Cost-sharing Requirement.-- Any partnership agreements,
including cooperative agreements and mutual interest
agreements, using funds made available under this section
shall be subject to a non-Federal cost-share requirement of
not less than 20 percent of the project cost, which may be
waived at the discretion of the Secretary.
SEC. 11002. NON-FEDERAL LAND FOREST RESTORATION AND FUELS
REDUCTION PROJECTS AND RESEARCH.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
(1) $2,000,000,000 to award grants to Tribal, State, or
local governments or the government of the District of
Columbia, regional organizations, special districts, or
nonprofit organizations to support, on non-Federal land,
forest restoration and resilience projects, including
projects to reduce the risk of wildfires and establish
defensible space around structures within at-risk communities
(as defined in section 101 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511));
(2) $1,000,000,000 to award grants to Tribal, State, or
local governments or the government of the District of
Columbia, regional organizations, special districts, or
nonprofit organizations to implement community wildfire
protection plans (as defined in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511)) in
existence on the date of the enactment of this Act, purchase
firefighting equipment, provide firefighter training, and
increase the capacity for planning, coordinating, and
monitoring projects on non-Federal land to protect at-risk
communities (as defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511));
(3) $250,000,000 to award grants to Tribal, State, or local
governments or the government of the District of Columbia,
regional organizations, special districts, or nonprofit
organizations for projects on non-Federal land to aid in the
recovery and rehabilitation of burned forested areas,
including reforestation;
(4) $175,000,000 to award grants to Tribal, State, or local
governments or the government of the District of Columbia,
regional organizations, special districts, or nonprofit
organizations for projects on non-Federal land to expand
equitable outdoor access and promote tourism on non-Federal
forested land for members of underserved groups;
(5) $150,000,000 for the State Fire Assistance and
Volunteer Fire Assistance programs established under the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101
through 2114) to be distributed at the discretion of the
Secretary;
(6) $150,000,000 for the implementation of State-wide
forest resource strategies under section 2A of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2101a);
(7) $250,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2109a) for providing through that program a
cost share to carry out climate mitigation or forest
resilience practices in the case of underserved forest
landowners, subject to the condition that subsection (h) of
that section shall not apply;
(8) $250,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2109a) for providing through that program
grants to support the participation of underserved forest
landowners in emerging private markets for climate mitigation
or forest resilience, subject to the condition that
subsection (h) of that section shall not apply;
(9) $250,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2109a) for providing through that program
grants to support the participation of forest landowners who
own less than 2,500 acres of forest land in emerging private
markets for climate mitigation or forest resilience, subject
to the condition that subsection (h) of that section shall
not apply;
(10) $500,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2109a) to provide grants to states and other
eligible entities to provide payments to owners of private
forest land for implementation of forestry practices on
private forest land, that are determined by the Secretary,
based on the best available science, to provide measurable
increases in carbon sequestration and storage beyond
customary practices on comparable land, subject to the
conditions that--
(A) those payments shall not preclude landowners from
participation in other public and private sector financial
incentive programs; and
(B) subsection (h) of that section shall not apply;
(11) $50,000,000 for the forest inventory and analysis
program established under section 3(e) of the Forest and
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C.
1642(e)) for activities and tactics to accelerate and expand
existing research efforts to improve forest carbon monitoring
technologies to better predict changes in forest carbon due
to climate change;
(12) $100,000,000 for the forest inventory and analysis
program established under section 3(e) of the Forest and
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C.
1642(e)) to carry out recommendations from a panel of
relevant experts convened by the Secretary that has reviewed
and, based on the review, issued recommendations regarding
the current priorities and future needs of the forest
inventory and analysis program with respect to climate
change, forest health, sustainable wood products, and
increasing carbon storage in forests;
(13) $50,000,000 for the forest inventory and analysis
program established under section 3(e) of the Forest and
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C.
1642(e)) to provide enhancements to the technology managed
and used by the forest inventory and analysis program,
including cloud computing and remote sensing for purposes
such as small area estimation;
(14) $775,000,000 to provide grants under the wood
innovation grant program under section 8643 of the
Agriculture Improvement Act of 2018 (7 U.S.C. 7655d),
including for the construction of new facilities that advance
the purposes of the program, subject to the conditions that
the amount of such a grant shall be not more than $5,000,000;
notwithstanding subsection (d) of that section, a recipient
of such a grant shall provide funds equal to not less than 50
percent of the amount received under the grant, to be derived
from non-Federal sources; and a priority shall be placed on
projects that create a financial model for addressing forest
restoration needs on public or private forest land; and
(15) $50,000,000 for the research mission area of the
Forest Service to carry out greenhouse
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gas life cycle analyses of domestic wood products.
(b) Funding for Restoration on Non-Federal Areas by
States.--The Secretary may use amounts made available by this
section to carry out eligible projects as determined by the
Secretary, authorized in subsection (a) on non-Federal land
upon the request of the Governor of that State, or, in the
case of the District of Columbia, the Mayor.
(c) Cost-sharing Requirement.--Any partnership agreements,
including cooperative agreements and mutual interest
agreements, using funds made available under this section
shall be subject to a non-Federal cost-share requirement of
not less than 20 percent of the project cost, which may be
waived at the discretion of the Secretary.
(d) Limitations.--Nothing in this section shall be
interpreted to authorize funds of the Commodity Credit
Corporation for activities under this section if such funds
are not expressly authorized or currently expended for such
purposes.
SEC. 11003. STATE AND PRIVATE FORESTRY CONSERVATION PROGRAMS.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
(1) $1,250,000,000 to provide competitive grants to States
through the Forest Legacy Program established under section 7
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c) to acquire land and interests in land, with priority
given to grant applications that offer significant natural
carbon sequestration benefits, contribute to the resilience
of community infrastructure, local economies, or natural
systems, or provide benefits to underserved populations;
(2) $2,500,000,000 to provide multi-year, programmatic,
competitive grants to a State agency, a local governmental
entity, and agency or governmental entity of the District of
Columbia, an Indian Tribe, or a nonprofit organization
through the Urban and Community Forestry Assistance program
established under section 9(c) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2105(c)) for tree planting
and related activities to increase tree equity and community
tree canopy and associated societal and climate co-benefits,
with a priority for projects that benefit underserved
populations; and
(3) $100,000,000 for the acquisition of urban and community
forests through the Community Forest and Open Space Program
of the Forest Service.
(b) Waiver.--Any non-Federal cost-share requirement
otherwise applicable to projects carried out under this
section may be waived at the discretion of the Secretary.
SEC. 11004. LIMITATION.
The funds made available under this subtitle are subject to
the condition that the Secretary shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; or
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this subtitle.
SEC. 11005. APPROPRIATIONS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$200,000,000 to remain available until September 30, 2031,
for administrative costs of the agencies and offices of the
Department of Agriculture for costs related to implementing
this subtitle.
Subtitle C--Rural Development and Agricultural Credit and Outreach
PART 1--RURAL DEVELOPMENT
SEC. 12001. ADDITIONAL SUPPORT FOR USDA RURAL WATER PROGRAMS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, and
notwithstanding sections 381E through 381H and 381N of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009d
through 2009g and 2009m), $97,000,000, to remain available
until September 30, 2031, for the cost of grants for rural
water and waste water programs authorized by sections 306,
306C, and 306D and described in sections 306C(a)(2) and 306D
of the Consolidated Farm and Rural Development Act in
persistent poverty counties (or, notwithstanding any
population limits specified in section 343 of the
Consolidated Farm and Rural Development Act, a county seat of
a persistent poverty county with a population that does not
exceed the authorized population limit by more than 10
percent), Tribal lands, colonias, and insular areas, subject
to the condition that the performance of any construction
work completed with amounts provided under this section meet
the condition described in section 9003(f) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8103(f)).
SEC. 12002. USDA RURAL WATER GRANTS FOR LEAD REMEDIATION.
In addition to amounts otherwise made available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated and
notwithstanding sections 381E through 381H and 381N of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009d
through 2009g and 2009m), $970,000,000, to remain available
until September 30, 2031, notwithstanding section
306C(a)(2)(A) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926c(a)(2)(A)), for grants under sections
306C(a)(1)(A) and 306(a)(2) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926c(a)(1)(A) and
1926(a)(2)) for the purpose of replacement of service lines
that contain lead, subject to the condition that the
performance of any construction work completed with amounts
provided under this section meet the condition described in
section 9003(f) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103(f)).
SEC. 12003. ADDITIONAL FUNDING FOR ELECTRIC LOANS FOR
RENEWABLE ENERGY.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $2,880,000,000, to remain available until
September 30, 2031, for the cost of loans under section 317
of the Rural Electrification Act of 1936 (7 U.S.C. 940g),
including for projects that store electricity that supports
the types of eligible projects under such section, which
shall be forgiven in whole or in part based on how the
borrower and the project meets the terms and conditions for
loan forgiveness consistent with the purposes of such section
established by the Secretary, subject to the condition that
the performance of any construction work completed with
amounts provided under this section meet the condition
described in section 9003(f) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8103(f)).
(b) Limitation.--The Secretary shall not enter into any
loan agreement pursuant to this section that could result in
disbursements after September 30, 2031.
SEC. 12004. RURAL ENERGY SAVINGS PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $200,000,000, to remain available until
September 30, 2031, to carry out section 6407 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a)
and this section, subject to the condition that the
performance of any construction work completed with amounts
provided under this section meet the condition described in
section 9003(f) of such Act (7 U.S.C. 8103(f)).
(b) Use of Funds.--
(1) In general.--Except as provided in paragraph (2) of
this subsection, at the election of an eligible entity (as
defined in section 6407(b) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a(b))) to which a loan
is made under section 6407(c) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a(c)), the Secretary
shall make a grant to the eligible entity in an amount equal
to not more than 5 percent of the loan amount for the
purposes of costs incurred in--
(A) applying for a loan received under section 6407(c) of
such Act;
(B) making a loan under section 6407(d) of such Act;
(C) making repairs to the property of a qualified consumer
that facilitate the energy efficiency measures for the
property financed through a loan under section 6407(d) of
such Act;
(D) entering into a contract under section 6407(e) of such
Act; or
(E) carrying out the duties of an eligible entity under
section 6407 of such Act.
(2) Persistent poverty counties.--In the case that the
grant is for the purpose of making a loan under section
6407(d) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107a(d)) to a qualified consumer (as defined in
section 6407(b) of such Act) in a persistent poverty county
(as determined by the Secretary), the percentage limitation
in paragraph (1) of this subsection shall be 10 percent.
(c) Limitation.--The Secretary shall not enter into any
loan agreement pursuant to this section that could result in
disbursements after September 30, 2031, or any grant
agreement pursuant to this section that could result in any
outlays after September 30, 2031.
SEC. 12005. RURAL ENERGY FOR AMERICA PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary, out of any
money in the Treasury not otherwise appropriated, for
eligible projects under section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107) and subject to
the conditions that the performance of any construction work
completed with amounts provided under this subsection meet
the condition described in section 9003(f) of such Act, and
notwithstanding section 9007(c)(3)(A) of such Act, the amount
of a grant shall not exceed 50 percent of the cost of the
activity carried out using the grant funds--
(1) $820,250,000 for fiscal year 2022, to remain available
until September 30, 2031; and
(2) $180,276,500 for each of fiscal years 2023 through
2027, to remain available until September 30, 2031.
(b) Underutilized Renewable Energy Technologies.--In
addition to amounts otherwise available, there is
appropriated to the Secretary, out of any money in the
Treasury not otherwise appropriated, to provide grants and
loans guaranteed by the Secretary (including the costs of
such loans) under the program described in subsection (a) of
this section relating to underutilized renewable energy
technologies, and to provide technical assistance for
applying to the program described in subsection (a) of this
section, including for underutilized renewable energy
technologies, subject to the conditions that the performance
of any construction work completed with amounts provided
under this subsection meet the condition described in section
9003(f) of such Act and, notwithstanding section
9007(c)(3)(A) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107(c)(3)(A)), the amount of a grant shall
not exceed 50 percent of
[[Page H6378]]
the cost of the activity carried out using the grant funds,
and to the extent the following amounts remain available at
the end of each fiscal year, the Secretary shall use such
amounts in accordance with subsection (a) of this section--
(1) $144,750,000 for fiscal year 2022, to remain available
until September 30, 2031; and
(2) $31,813,500 for each of fiscal years 2023 through 2027,
to remain available until September 30, 2031.
(c) Limitation.--The Secretary shall not enter into any
loan agreement pursuant to this section that could result in
disbursements after September 30, 2031 or any grant agreement
pursuant to this section that could result in any outlays
after September 30, 2031.
SEC. 12006. BIOFUEL INFRASTRUCTURE AND AGRICULTURE PRODUCT
MARKET EXPANSION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $960,000,000, to remain available until
September 30, 2031, to carry out this section.
(b) Use of Funds.--The Secretary shall use the amounts made
available by subsection (a) to provide grants, for which the
Federal share shall be not more than 75 percent of the total
cost of carrying out a project for which the grant is
provided, on a competitive basis, to transportation fueling
facilities and distribution facilities, including fueling
stations, convenience stores, hypermarket retailer fueling
stations, fleet facilities, as well as fuel terminal
operations, mid-stream partners, and heating oil distribution
facilities or equivalent entities, subject to the condition
that the performance of any construction work completed with
amounts provided under this section shall meet the condition
described in section 9003(f) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8103(f))--
(1) to install, retrofit, or otherwise upgrade fuel
dispensers or pumps and related equipment, storage tank
system components, and other infrastructure required at a
location related to dispensing certain biofuels blends to
ensure the increased sales of fuels with high levels of
commodity-based ethanol and biodiesel that are at or greater
than the levels required in the Notice of Funding
Availability for the Higher Blends Infrastructure Incentive
Program for Fiscal Year 2020, published in volume 85 of the
Federal Register (85 Fed. Reg. 26656), as determined by the
Secretary; and
(2) to build and retrofit distribution systems for ethanol
blends, traditional and pipeline biodiesel terminal
operations (including rail lines), and home heating oil
distribution centers or equivalent entities--
(A) to blend biodiesel; and
(B) to carry ethanol and biodiesel.
(c) Limitation.--The Secretary may not limit the amount of
funding an eligible entity may receive under this section.
SEC. 12007. USDA ASSISTANCE FOR RURAL ELECTRIC COOPERATIVES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $9,700,000,000, to remain available until
September 30, 2031, for the long-term resiliency,
reliability, and affordability of rural electric systems, by
providing to an eligible entity (defined as an electric
cooperative described in section 501(c)(12) or 1381(a)(2) of
the Internal Revenue Code of 1986 and is or has been a Rural
Utilities Service electric loan borrower pursuant to the
Rural Electrification Act of 1936 or serving a predominantly
rural area) assistance under paragraphs (1) and (2) by
awarding such assistance to eligible entities for purposes
described in section 310B(a)(2)(C) of the Consolidated Farm
and Rural Development Act (provided that the term renewable
energy system in that paragraph has the meaning given such
term in section 9001(16) of the Farm Security and Rural
Investment Act of 2002) and for carbon capture and storage
systems, that will achieve the greatest reduction in
greenhouse gas emissions associated with rural electric
systems using such assistance and that will otherwise aid
disadvantaged rural communities (as determined by the
Secretary), subject to the condition that any construction
work completed with amounts provided under this section shall
meet the condition described in section 9003(f) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8103(f)),
when--
(1) making grants and loans (including the cost of loans
and modifications thereof) to purchase renewable energy (as
defined in section 9001(15) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8101(15))), purchase
renewable energy systems (as defined in section 9001(16) of
that Act (7 U.S.C. 8101(16))), and carbon capture and storage
systems, deploy such systems, or make energy efficiency
improvements after the date of enactment of this Act; and
(2) making grants for debt relief and other costs
associated with terminating, after the date of enactment of
this Act or up to one year prior to the date of enactment,
the use of--
(A) facilities operating on nonrenewable energy; and
(B) related transmission assets.
(b) Limitation.--No eligible entity may receive an amount
equal to more than 10 percent of the total amount made
available by this section.
(c) Prohibition.--Nothing in this section shall be
interpreted to authorize funds of the Commodity Credit
Corporation for activities under this section if such funds
are not expressly authorized or currently expended for such
purposes.
SEC. 12008. RURAL PARTNERSHIP PROGRAM.
(a) Rural Prosperity Development Grants.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $873,000,000, to remain available until
September 30, 2031, to provide grants to support rural
development under this subsection, subject to the condition
that the recipient of a grant under this subsection shall
contribute a non-Federal match of 25 percent of the amount of
the grant, which may be satisfied through an in-kind
contribution, except that the Secretary may waive such
matching requirement on a finding that the recipient of the
applicable grant is economically distressed.
(2) Allocation of funds.--
(A) Formula.--The Secretary shall establish a formula
pursuant to which the Secretary shall allocate, for each
State and for Tribal governments, an amount to be provided
under this subsection to eligible applicants described in
paragraph (3).
(B) Requirements.--
(i) Formula.--The formula established under subparagraph
(A) shall include a graduated scale for the amount to be
allocated under this subsection for eligible applicants in
each State and eligible applicants of Tribal governments,
with higher amounts provided based on lower populations and
lower income levels, as determined by the Secretary.
(ii) Award.--In awarding grants under this subsection to
eligible applicants in each State and eligible applicants of
Tribal governments, the Secretary shall give priority to
eligible applicants representing a micropolitan statistical
area (as defined by the Office of Management and Budget in
OMB Bulletin No. 20-01 (effective March 2020) and any
subsequent updates) and 1 or more rural areas contiguous to
that micropolitan statistical area or eligible applicants
representing high poverty areas (as determined by the
Secretary) provided that the Secretary may award additional
grants or funding under this subsection to implement
activities pursuant to a rural development plan upon the
Secretary's approval of the recipient's plan and report on
the use of each grant provided to the recipient under this
subsection.
(3) Eligible applicants.--The Secretary may make a grant
under this subsection to a partnership no member of which has
received a grant under subsection (b) and that--
(A) is composed of entities representing a region composed
of 1 or more rural areas, including--
(i) except as provided in subparagraph (B), 1 or more of--
(I) a unit of local government;
(II) a Tribal government; or
(III) an authority, agency, or instrumentality of an entity
described in subclauses (I) or (II); and
(ii) a qualified nonprofit or for-profit organization, as
determined by the Secretary;
(B) does not include a member described in subparagraph
(A)(i), but demonstrates significant community support
sufficient to support a likelihood of success on the proposed
projects, as determined by the Secretary; and
(C) demonstrates, as determined by the Secretary,
cooperation among the members of the partnership necessary to
complete comprehensive rural development, through aligning
government investment, leveraging nongovernmental resources,
building economic resilience, and aiding economic recovery,
including in communities impacted by economic transitions and
climate change.
(4) Eligible activities.--The use of grant funds provided
under this subsection may be used for the following purposes,
provided that, where applicable, the performance of any
construction work completed with the grant funds shall meet
the condition described in section 9003(f) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8103(f)):
(A) Conducting comprehensive rural development and pre-
development activities and planning.
(B) Supporting organizational operating expenses relating
to the rural development activities for which the grant was
provided.
(C) Implementing planned rural development activities and
projects.
(5) Limitation.--Not more than 25 percent of amounts
received by a recipient of a grant under this subsection may
be used to satisfy a Federal matching requirement.
(b) Rural Prosperity Innovation Grants.--In addition to
amounts otherwise available, there is appropriated to the
Secretary for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $97,000,000, to remain
available until September 30, 2031, to provide grants to
entities that have not received a grant under subsection (a)
and that is a qualified nonprofit corporation that serves
rural areas (as determined by the Secretary) or an
institution of higher education that serves rural areas (as
determined by the Secretary), subject to the condition that
the recipient of such grant shall contribute a non-Federal
match of 20 percent of the amount of the grant, which may be
used--
(1) to support activities of the recipient relating to--
(A) development and predevelopment planning aspects of
rural development; and
(B) organizational capacity-building necessary to support
the rural development activities funded by the grant; and
(2) to support the recipient of a grant under subsection
(a) in carrying out activities for which that grant was
provided.
(c) Definitions.--In this section:
(1) Rural area.--The term ``rural area'' has the meaning
given the term in section 343(a)(13)(C) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1991(a)(13)(C)).
(2) State.--The term ``State'' has the meaning given the
term in section 1404 of the National
[[Page H6379]]
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103).
SEC. 12009. ADDITIONAL USDA RURAL DEVELOPMENT ADMINISTRATIVE
FUNDS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$553,000,000, to remain available until September 30, 2031,
for administrative costs and salaries and expenses for the
Rural Development mission area and expenses of the agencies
and offices of the Department for costs related to
implementing this part.
PART 2--AGRICULTURAL CREDIT AND OUTREACH
SEC. 12101. ASSISTANCE FOR CERTAIN FARM LOAN BORROWERS.
Section 1005 of the American Rescue Plan Act of 2021
(Public Law 117-2) is amended to read as follows:
``SEC. 1005. ASSISTANCE FOR CERTAIN FARM LOAN BORROWERS.
``(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of amounts in the Treasury not otherwise
appropriated, to remain available until September 30, 2031--
``(1) such sums as may be necessary for the cost of
payments under subsection (b); and
``(2) $1,020,000,000 to provide payments or loan
modifications or otherwise carry out the authorities under
section 331(b)(4) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981(b)(4)), using a centralized
process administered from the national office, for Farm
Service Agency direct loan and loan guarantee borrowers,
focusing on borrowers who are at risk (as determined by the
Secretary of Agriculture using factors that may include
whether the borrower is a limited resource farmer or rancher,
the amount of payments received by the borrower during
calendar years 2020 and 2021 under the Coronavirus Food
Assistance Program of the Department of Agriculture, and
other factors, as determined by the Secretary).
``(b) Payments.--
``(1) In general.--The Secretary shall provide a payment in
an amount up to 100 percent of the outstanding indebtedness
of each economically distressed borrower on eligible farm
debt.
``(2) Other payments.--
``(A) In general.--For each farmer and rancher with
outstanding indebtedness on eligible farm debt that does not
qualify for a payment under paragraph (1), the Secretary
shall provide a payment that is equal to, subject to
subparagraph (B), the lesser of--
``(i) the amount of the outstanding indebtedness of the
farmer or rancher on eligible farm debt; and
``(ii) $150,000.
``(B) Reduction.--A payment determined under subparagraph
(A) shall be reduced by the amount equal to the sum obtained
by adding--
``(i) the total of the payments received by the farmer or
rancher during calendar year 2020 pursuant to the Coronavirus
Food Assistance Program of the Department of Agriculture; and
``(ii) the total of the payments received by the farmer or
rancher during calendar years 2018 and 2019 pursuant to the
Market Facilitation Program of the Department of Agriculture.
``(c) Definitions.--In this section:
``(1) Economically distressed borrower.--The term
`economically distressed borrower' means a farmer or rancher
that, as determined by the Secretary--
``(A) was 90 days or more delinquent with respect to an
eligible farm debt as of April 30, 2021;
``(B) was 90 days or more delinquent with respect to an
eligible farm debt as of December 31, 2020;
``(C) operates a farm or ranch whose headquarters of
operation, as determined by the Secretary, location is--
``(i) in a county with a poverty rate of not less than 20
percent, as determined--
``(I) in the 1990 or 2000 decennial census; or
``(II) in the Small Area Income and Poverty Estimates of
the Bureau of the Census for the most recent year for which
the Estimates are available as of the date of enactment of
the Act entitled `An Act to provide for reconciliation
pursuant to title II of S. Con. Res. 14';
``(ii) in a ZIP Code with a poverty rate of not less than
20 percent, as determined by the Secretary; or
``(iii) on land held in trust by the United States for the
benefit of an Indian Tribe or an individual Indian;
``(D) owes more interest than principal with respect to an
eligible farm debt as of July 31, 2021;
``(E) is undergoing bankruptcy or foreclosure or is in
other financially distressed categories, as determined by the
Secretary, as of July 31, 2021;
``(F) received a Department of Agriculture disaster set
aside after January 1, 2020;
``(G) has restructured an eligible farm debt 3 or more
times as of July 31, 2021; or
``(H) has restructured an eligible farm debt on or after
January 1, 2020.
``(2) Eligible farm debt.--
``(A) In general.--The term `eligible farm debt' means a
debt owed to the United States by a farmer or rancher that
was issued as a direct loan administered by the Farm Service
Agency under subtitle A, B, or C of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1922 through 1970) and was
outstanding or otherwise not paid as of December 31, 2020, or
July 31, 2021.
``(B) Amount.--The amount of eligible farm debt with
respect to a borrower shall be equal to the amount of
eligible farm debt outstanding as of a date determined by the
Secretary, but no sooner than the date of enactment of the
Act entitled `An Act to provide for reconciliation pursuant
to title II of S. Con Res. 14', plus the total of all loan
payments on eligible farm debt made by the borrower in
calendar year 2021.
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(d) Limitation.--The Secretary shall not enter into any
loan agreement pursuant to this section that could result in
disbursements after September 30, 2031 or any grant agreement
pursuant to this section that could result in any outlays
after September 30, 2031.''.
SEC. 12102. USDA ASSISTANCE AND SUPPORT FOR UNDERSERVED
FARMERS, RANCHERS, AND FORESTERS.
Section 1006 of the American Rescue Plan Act of 2021
(Public Law 117-2) is amended to read as follows:
``SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR UNDERSERVED
FARMERS, RANCHERS, FORESTERS.
``(a) Technical and Other Assistance.--In addition to
amounts otherwise available, there is appropriated to the
Secretary of Agriculture for fiscal year 2022, to remain
available until September 30, 2031, out of any money in the
Treasury not otherwise appropriated, $200,000,000 to provide
outreach, mediation, financial training, capacity building
training, cooperative development and agricultural credit
training and support, and other technical assistance on
issues concerning food, agriculture, agricultural credit,
agricultural extension, rural development, or nutrition to
underserved farmers, ranchers, or forest landowners,
including veterans, limited resource producers, beginning
farmers and ranchers, and farmers, ranchers, and forest
landowners living in high poverty areas.
``(b) Land Loss Assistance.--In addition to amounts
otherwise available, there is appropriated to the Secretary
of Agriculture for fiscal year 2022, to remain available
until September 30, 2031, out of any money in the Treasury
not otherwise appropriated, $200,000,000 to provide grants
and loans to eligible entities, as determined by the
Secretary, to improve land access (including heirs' property
and fractionated land issues) for underserved farmers,
ranchers, and forest landowners, including veterans, limited
resource producers, beginning farmers and ranchers, and
farmers, ranchers, and forest landowners living in high
poverty areas.
``(c) Equity Commissions.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Agriculture for fiscal year 2022, to remain available until
September 30, 2031, out of any money in the Treasury not
otherwise appropriated, $10,000,000 to fund the activities of
one or more equity commissions that will address racial
equity issues within the Department of Agriculture and the
programs of the Department of Agriculture.
``(d) Research, Education, and Extension.--In addition to
amounts otherwise available, there is appropriated to the
Secretary of Agriculture for fiscal year 2022, to remain
available until September 30, 2031, out of any money in the
Treasury not otherwise appropriated, $189,000,000 to support
and supplement agricultural research, education, and
extension, as well as scholarships and programs that provide
internships and pathways to agricultural sector or Federal
employment, for 1890 Institutions (as defined in section 2 of
the Agricultural, Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7601)), 1994 Institutions (as defined
in section 532 of the Equity in Educational Land-Grant Status
Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)), Alaska
Native serving institutions and Native Hawaiian serving
institutions eligible to receive grants under subsections (a)
and (b), respectively, of section 1419B of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3156), Hispanic-serving institutions eligible
to receive grants under section 1455 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3241), and the insular area institutions of
higher education located in the territories of the United
States, as referred to in section 1489 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3361).
``(e) Discrimination Financial Assistance.--In addition to
amounts otherwise available, there is appropriated to the
Secretary of Agriculture for fiscal year 2022, to remain
available until September 30, 2031, out of any money in the
Treasury not otherwise appropriated, $750,000,000 for a
program to provide financial assistance to farmers, ranchers,
or forest landowners determined to have experienced
discrimination prior to January 1, 2021, in Department of
Agriculture farm lending programs, under which the amount of
financial assistance provided to a recipient may be not more
than $500,000 as appropriate in relation to any consequences
experienced from the discrimination, which program shall be
administered through 1 or more qualified nongovernmental
entities selected by the Secretary subject to standards set
and enforced by the Secretary, subject to the condition that
any selected entity administering the program shall return
the funds to the Secretary on the request of the Secretary if
the standards are not adequately carried out or the
administration of the program is not otherwise sufficient or
if any funds provided to the selected entity are not
distributed on the date that is 5 years after the date of
enactment of the Act entitled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14', and
any such returned funds shall be available for obligation for
any activity authorized under this section, except
subsections (c) and (f).
``(f) Administrative Costs.--In addition to amounts
otherwise available, there is appropriated to the Secretary
of Agriculture for fiscal year 2022, to remain available
until September 30, 2031, out of any money in the Treasury
not otherwise appropriated, $35,000,000 for administrative
costs, including training employees, of the agencies and
offices of the Department of Agriculture to carry out this
section.
[[Page H6380]]
``(g) Limitation.--The funds made available under
subsection (d) are subject to the condition that the
Secretary shall not--
``(1) enter into any agreement--
``(A) that is for a term extending beyond September 30,
2031; or
``(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; or
``(2) use any other funds available to the Secretary to
satisfy obligations initially made under subsection (d).''.
Subtitle D--Research and Urban Agriculture
SEC. 13001. DEPARTMENT OF AGRICULTURE RESEARCH FUNDING.
(a) Appropriations.--In addition to amounts otherwise
available, there are appropriated to the Secretary, out of
any money in the Treasury not otherwise appropriated, to
remain available until September 30, 2031--
(1) to the National Agricultural Statistics Service, for
measurements, a survey, and data collection to conduct the
study required under section 7212(b) of the Agriculture
Improvement Act of 2018 (Public Law 115-334; 132 Stat. 4812),
which shall be completed not later than December 31, 2022,
$5,000,000 for fiscal year 2022;
(2) to the National Institute of Food and Agriculture--
(A) to fund agricultural education, extension, and research
relating to climate change--
(i) through the Agriculture and Food Research Initiative
established by subsection (b) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 3157(b)),
$210,000,000 for fiscal year 2022;
(ii) through the sustainable agriculture research education
program established under sections 1619, 1621, 1622, 1628,
and 1629 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5801, 5811, 5812, 5831, 5832),
$120,000,000 for fiscal year 2022;
(iii) through the organic agriculture research and
extension initiative established under section 1672B of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5925b), $60,000,000 for fiscal year 2022;
(iv) through the urban, indoor, and other emerging
agricultural production research, education, and extension
initiative established under section 1672E of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5925g), $5,000,000 for fiscal year 2022;
(v) through the centers of excellence led by 1890
Institutions established under section 1673(d) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5926(d)), $5,000,000 for fiscal year 2022;
(vi) through the specialty crop research and extension
initiative established by section 412 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7632), $60,000,000 for fiscal year 2022;
(vii) through the cooperative extension under the Smith-
Lever Act (7 U.S.C. 341 through 349) for agricultural
extension activities and research relating to climate change,
technical assistance, and technology adoption, $80,000,000
for fiscal year 2022;
(viii) through the cooperative extension at 1994
Institutions in accordance with section 3(b)(3) of the Smith-
Lever Act (7 U.S.C. 343(b)(3)), $35,000,000 for fiscal year
2022; and
(ix) through the cooperative extension at 1890 Institutions
under section 1444 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221),
$40,000,000 for fiscal year 2022;
(B) for grants to covered institutions for construction,
alteration, acquisition, modernization, renovation, or
remodeling of agricultural research facilities, including
related building costs associated with compliance with
applicable Federal and State law, under section 4 of the
Research Facilities Act (7 U.S.C. 390b), $1,000,000,000 for
fiscal year 2022, subject to the condition that
notwithstanding section 3(c)(2)(A) of that Act (7 U.S.C.
390a(c)(2)(A)), the recipient of a grant provided using those
amounts shall not be required to provide any non-Federal
share of total funding provided under this subparagraph;
(C) for the scholarships for students at 1890 Institutions
grant program under section 1446 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3222a), $100,000,000 for fiscal year 2022, to carry
out such program in fiscal years 2024 through 2031;
(D) for grants to land-grant colleges and universities to
support Tribal students under section 1450 of that Act (7
U.S.C. 3222e), $15,000,000 for fiscal year 2022, and for
purposes of this subparagraph, section 1450(b)(4) of such Act
shall not apply; and
(E) for the Higher Education Multicultural Scholars Program
carried out pursuant to section 1417 of that Act (7 U.S.C.
3152), $15,000,000 for fiscal year 2022;
(3) to the Office of the Chief Scientist, to carry out
advanced research and development relating to climate through
the Agriculture Advanced Research and Development Authority
under section 1473H of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319k),
$30,000,000 for fiscal year 2022;
(4) to the Foundation for Food and Agriculture Research, to
carry out activities relating to climate change in accordance
with section 7601 of the Agricultural Act of 2014 (7 U.S.C.
5939), to be considered as provided pursuant to subsection
(g)(1)(A) of such section, $210,000,000 for fiscal year 2022;
(5) to the Office of Urban Agriculture and Innovative
Production, to carry out activities in accordance with
section 222 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6923), $10,000,000 for fiscal year
2022.
(b) Definitions.--In this section:
(1) Covered institution.--The term ``covered institution''
means--
(A) an 1890 Institution (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
(B) a 1994 Institution (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382));
(C) an Alaska Native serving institution or Native Hawaiian
serving institution eligible to receive grants under
subsections (a) and (b), respectively, of section 1419B of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3156);
(D) Hispanic-serving agricultural colleges and universities
and Hispanic-serving institutions (as those terms are defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));
(E) an eligible institution (as defined in section 1489 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3361) (relating to institutions
of higher education in insular areas)); and
(F) the University of the District of Columbia established
pursuant to the Act of July 2, 1862 (commonly known as the
``First Morrill Act'') (7 U.S.C. 301 through 309).
(2) State.--The term ``State'' has the meaning given the
term in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
SEC. 13002. LIMITATION.
The funds made available under this subtitle are subject to
the condition that the Secretary shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; or
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this subtitle.
Subtitle E--Miscellaneous
SEC. 14001. ADDITIONAL SUPPORT FOR USDA OFFICE OF THE
INSPECTOR GENERAL.
In addition to amounts otherwise made available, there is
appropriated to the Office of the Inspector General of the
Department of Agriculture for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $5,000,000
to remain available until September 30, 2031, for audits,
investigations, and other oversight activities of projects
and activities carried out with funds made available to the
Department of Agriculture under this title.
SEC. 14002. ADDITIONAL SUPPORT FOR FARMWORKER AND FOOD WORKER
RELIEF GRANT PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Agriculture for fiscal year
2022 to remain available until September 30, 2031, out of any
money in the Treasury not otherwise appropriated,
$200,000,000 to provide additional funds to the Secretary for
the Farmworker and Food Worker Relief Grant Program of the
Agricultural Marketing Service to provide additional COVID-19
assistance relief payments for frontline grocery workers.
Subtitle F--Conservation
SEC. 15001. SOIL CONSERVATION ASSISTANCE.
(a) Appropriation.--In addition to amounts otherwise
available, there are appropriated to the Secretary of
Agriculture (referred to in this section as the
``Secretary'') for each of fiscal years 2022 through 2028,
out of any money in the Treasury not otherwise appropriated,
such sums as are necessary to carry out this section, to
remain available until expended, subject to the conditions
that, for purposes of providing payments under subsections
(b), (c), and (d), the Secretary shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031;
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this section; or
(3) interpret this section to authorize funds of the
Commodity Credit Corporation for such payments if such funds
are not expressly authorized or currently expended for such
purposes.
(b) Availability of Payments to Producers.--
(1) In general.--Of the funds made available under
subsection (a), for each of the 2022 through 2026 crop years,
the Secretary shall make payments to the producers on a farm
for which the producer establishes 1 or more cover crop
practices with respect to the applicable crop year, as
determined by the Secretary, in accordance with this
subsection, subject to the condition that a producer
receiving a payment shall not receive a payment under any
other provision of law for the same practices on the same
acres.
(2) Payment rate.--The payment rate used to make payments
with respect to a producer who establishes 1 or more cover
crop practices under paragraph (1) shall be $25 per acre of
cover crop established.
(3) Acres established.--The acres for which a producer
receives the payment rate under paragraph (2) shall be equal
to the total number of acres on which the producer
establishes 1 or more cover crop practices, not to exceed
1,000 acres per producer.
(c) Availability of Payments to Farm Owners.--
(1) In general.--Of the funds made available under
subsection (a), for each of the 2022 through 2026 crop years,
the Secretary shall make payments to the owners of a farm
with respect to which a producer establishes 1 or more cover
crop practices pursuant to subsection (b), in accordance with
this subsection, subject to
[[Page H6381]]
the condition that an owner of a farm may not receive a
payment under this subsection and subsection (b) for the same
farm or acres, as determined by the Secretary.
(2) Payment rate.--The payment rate used to make payments
under paragraph (1) with respect to the owner of a farm shall
be $5 per acre of cover crop established.
(3) Acres established.--The acres for which the owner of a
farm receives the payment rate under paragraph (2) shall be
equal to the total number of acres for which the applicable
producer establishes 1 or more cover crop practices, not to
exceed 1,000 acres per owner.
(d) Availability of Payments for Prevented Planting.--
(1) In general.--Of the funds made available under
subsection (a) and in addition to any other payments or
assistance, for the 2022 through 2026 crop years, the
Secretary shall make payments in accordance with this
subsection to producers on farms who establish 1 or more
cover crop practices pursuant to subsection (b).
(2) Requirements.--To receive a payment under this
subsection, a producer--
(A) shall have--
(i) purchased a crop insurance policy or plan of insurance
under section 508(c) of the Federal Crop Insurance Act (7
U.S.C. 1508(c)) for the applicable crop year following the
establishment of the cover crop practice, as determined by
the Secretary;
(ii) established a cover crop practice pursuant to
subsection (b) on the farm for which the insurance described
in clause (i) was purchased, as determined by the Secretary;
and
(iii) been unable to plant the crop for which insurance was
purchased; and
(B) as determined by the Secretary, shall not--
(i) harvest the cover crop for market or sale;
(ii) harvest the cover crop for seed for purposes of
marketing or sale, except that a quantity may be harvested
for seed for on-farm usage only; or
(iii) otherwise use the acres for which payments are
received under this subsection for any unapproved uses or
other uses that seek to defeat or undermine the purposes of
this section.
(3) Payment amount.--The Secretary shall make payments to
producers under this subsection in an amount equal to the
product obtained by multiplying--
(A) the total number of acres for which the producer is
eligible to receive a payment under this subsection; and
(B) the difference between--
(i) 100 percent of the prevented planting guarantee,
calculated without regard to the establishment of the cover
crop practices pursuant to subsection (b), applicable for the
insurance policy purchased by the producer under section 508A
of the Federal Crop Insurance Act (7 U.S.C. 1508a), as
determined by the Secretary; and
(ii) the prevented planting indemnity payment received by
the producer under that section and the policy purchased by
the producer for the applicable crop, as determined by the
Secretary.
SEC. 15002. ADDITIONAL AGRICULTURAL CONSERVATION INVESTMENTS.
(a) Appropriations.--In addition to amounts otherwise
available (and subject to subsection (b)), there are
appropriated to the Secretary of Agriculture (referred to in
this section as the ``Secretary''), out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2031 (subject to the condition that no
such funds may be disbursed after September 30, 2031)--
(1) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the environmental quality
incentives program under subchapter A of chapter 4 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3839aa through 3839aa-8)--
(A)(i) $300,000,000 for fiscal year 2022;
(ii) $500,000,000 for fiscal year 2023;
(iii) $1,750,000,000 for fiscal year 2024;
(iv) $3,000,000,000 for fiscal year 2025; and
(v) $3,450,000,000 for fiscal year 2026; and
(B) subject to the conditions on the use of the funds
that--
(i) section 1240B(f)(1) of the Food Security Act of 1985
(16 U.S.C. 3839aa-2(f)(1)) shall not apply;
(ii) section 1240H(c)(2) of the Food Security Act of 1985
(16 U.S.C. 3839aa-8(c)(2)) shall be applied--
(I) by substituting ``$50,000,000'' for ``$25,000,000'';
and
(II) with the Secretary prioritizing proposals that utilize
diet and feed management to reduce enteric methane emissions
from ruminants;
(iii) the funds shall be available for 1 or more
agricultural conservation practices or enhancements that the
Secretary determines directly improve soil carbon or reduce
nitrogen losses or greenhouse gas emissions, or capture or
sequester greenhouse gas emissions, associated with
agricultural production; and
(iv) the Secretary shall prioritize projects and activities
that mitigate or address climate change through the
management of agricultural production, including by reducing
or avoiding greenhouse gas emissions;
(2) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the conservation
stewardship program under subchapter B of that chapter (16
U.S.C. 3839aa-21 through 3839aa-25)--
(A)(i) $250,000,000 for fiscal year 2022;
(ii) $500,000,000 for fiscal year 2023;
(iii) $850,000,000 for fiscal year 2024;
(iv) $1,000,000,000 for fiscal year 2025; and
(v) $1,500,000,000 for fiscal year 2026; and
(B) subject to the conditions on the use of the funds
that--
(i) the funds shall only be available for--
(I) 1 or more agricultural conservation practices or
enhancements that the Secretary determines directly improve
soil carbon or reduce nitrogen losses or greenhouse gas
emissions, or capture or sequester greenhouse gas emissions,
associated with agricultural production; or
(II) State-specific or region-specific groupings or bundles
of agricultural conservation activities for climate change
mitigation appropriate for cropland, pastureland, rangeland,
nonindustrial private forest land, and producers
transitioning to organic or perennial production systems; and
(ii) the Secretary shall prioritize projects and activities
that mitigate or address climate change through the
management of agricultural production, including by reducing
or avoiding greenhouse gas emissions;
(3) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the agricultural
conservation easement program under subtitle H of title XII
of that Act (16 U.S.C. 3865 through 3865d)--
(A)(i) $100,000,000 for fiscal year 2022;
(ii) $200,000,000 for fiscal year 2023;
(iii) $300,000,000 for fiscal year 2024;
(iv) $500,000,000 for fiscal year 2025; and
(v) $600,000,000 for fiscal year 2026; and
(B) subject to the condition on the use of the funds that
the Secretary shall prioritize projects and activities that
mitigate or address climate change through the management of
agricultural production, including by reducing or avoiding
greenhouse gas emissions; and
(4) to carry out, using the facilities and authorities of
the Commodity Credit Corporation, the regional conservation
partnership program under subtitle I of title XII of that Act
(16 U.S.C. 3871 through 3871f)--
(A)(i) $200,000,000 for fiscal year 2022;
(ii) $500,000,000 for fiscal year 2023;
(iii) $1,500,000,000 for fiscal year 2024;
(iv) $2,250,000,000 for fiscal year 2025; and
(v) $3,050,000,000 for fiscal year 2026; and
(B) subject to the conditions on the use of the funds that
the Secretary--
(i) shall prioritize partnership agreements under section
1271C(d) of the Food Security Act of 1985 (16 U.S.C.
3871c(d)) that support the implementation of conservation
projects that assist agricultural producers and nonindustrial
private forestland owners in directly improving soil carbon
or reducing nitrogen losses or greenhouse gas emissions, or
capturing or sequestering greenhouse gas emissions,
associated with agricultural production;
(ii) shall prioritize projects and activities that mitigate
or address climate change through the management of
agricultural production, including by reducing or avoiding
greenhouse gas emissions; and
(iii) may prioritize projects that--
(I) leverage corporate supply chain sustainability
commitments; or
(II) utilize models that pay for outcomes from targeting
methane and nitrous oxide emissions associated with
agricultural production systems.
(b) Conditions.--The funds made available under this
section are subject to the conditions that the Secretary
shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; or
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this section.
(c) Conforming Amendments.--
(1) Section 1240B of the Food Security Act of 1985 (16
U.S.C. 3839aa-2) is amended--
(A) in subsection (a), by striking ``2023'' and inserting
``2031''; and
(B) in subsection (f)(2)(B)--
(i) in the subparagraph heading, by striking ``2023'' and
inserting ``2031''; and
(ii) by striking ``2023'' and inserting ``2031''.
(2) Section 1240H of the Food Security Act of 1985 (16
U.S.C. 3839aa-8) is amended by striking ``2023'' each place
it appears and inserting ``2031''.
(3) Section 1240J(a) of the Food Security Act of 1985 (16
U.S.C. 3839aa-22(a)) is amended, in the matter preceding
paragraph (1), by striking ``2023'' and inserting ``2031''.
(4) Section 1240L(h)(2)(A) of the Food Security Act of 1985
(16 U.S.C. 3839aa-24(h)(2)(A)) is amended by striking
``2023'' and inserting ``2031''.
(5) Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``2023'' and inserting ``2031'';
(ii) in paragraph (1), by striking ``2023'' each place it
appears and inserting ``2031'';
(iii) in paragraph (2)(F), by striking ``2023'' and
inserting ``2031''; and
(iv) in paragraph (3), by striking ``fiscal year 2023''
each place it appears and inserting ``each of fiscal years
2023 through 2031'';
(B) in subsection (b), by striking ``2023'' and inserting
``2031''; and
(C) in subsection (h)--
(i) in paragraph (1)(B), in the subparagraph heading, by
striking ``2023'' and inserting ``2031''; and
(ii) by striking ``2023'' each place it appears and
inserting ``2031''.
(6) Section 1244(n)(3)(A) of the Food Security Act of 1985
(16 U.S.C. 3844(n)(3)(A)) is amended by striking ``2023'' and
inserting ``2031''.
(7) Section 1271D(a) of the Food Security Act of 1985 (16
U.S.C. 3871d(a)) is amended by striking ``2023'' and
inserting ``2031''.
SEC. 15003. CONSERVATION TECHNICAL ASSISTANCE.
(a) Appropriations.--In addition to amounts otherwise
available (and subject to subsection (b)), there are
appropriated to the Secretary of Agriculture (referred to in
this section as the ``Secretary'') for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated, to
remain available until September 30,
[[Page H6382]]
2031 (subject to the condition that no such funds may be
disbursed after September 30, 2031)--
(1) $200,000,000 to provide conservation technical
assistance through the Natural Resources Conservation
Service;
(2) $50,000,000 to carry out climate change adaptation and
mitigation activities through the Natural Resources
Conservation Service by working with the Regional Climate
Hubs designed to provide information and technical support on
climate smart agriculture and forestry to agricultural
producers, landowners, and resource managers, as determined
by the Secretary; and
(3) $600,000,000 to carry out a carbon sequestration and
greenhouse gas emissions quantification program through which
the Natural Resources Conservation Service, including through
technical service providers and other partners, shall collect
field-based data to assess the carbon sequestration and
greenhouse gas emissions reduction outcomes associated with
activities carried out pursuant to this section and use the
data to monitor and track greenhouse gas emissions and carbon
sequestration trends through the Greenhouse Gas Inventory and
Assessment Program of the Department of Agriculture.
(b) Conditions.--The funds made available under this
section are subject to the conditions that the Secretary
shall not--
(1) enter into any agreement--
(A) that is for a term extending beyond September 30, 2031;
or
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031;
(2) use any other funds available to the Secretary to
satisfy obligations initially made under this section; or
(3) interpret this section to authorize funds of the
Commodity Credit Corporation for activities under this
section if such funds are not expressly authorized or
currently expended for such purposes.
(c) Administrative Costs.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
September 30, 2028, for administrative costs of the agencies
and offices of the Department of Agriculture for costs
related to implementing this section.
TITLE II--COMMITTEE ON EDUCATION AND LABOR
Subtitle A--Education Matters
PART 1--ELEMENTARY AND SECONDARY EDUCATION
SEC. 20001. GROW YOUR OWN PROGRAMS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Department of
Education for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $112,684,000, to remain
available through September 30, 2025, to award grants for the
development and support of Grow Your Own Programs, as
described in section 202(g) of the Higher Education Act of
1965.
(b) In General.--Section 202 of the Higher Education Act of
1965 is amended--
(1) in subsection (b)(6)(C), by striking ``subsection (f)
or (g)'' and inserting ``subsection (f) or (h)'';
(2) in subsection (c)(1), by inserting ``a Grow Your Own
program under subsection (g),'' after ``subsection (e),'';
(3) by redesignating subsections (g), (h), (i), (j), and
(k), as subsections (h), (i), (j), (k), and (l),
respectively; and
(4) by inserting after subsection (f) the following:
``(g) Partnership Grants for the Establishment of `Grow
Your Own' Programs.--
``(1) In general.--An eligible partnership that receives a
grant under this section shall carry out an effective `Grow
Your Own' program to address shortages of teachers in high-
need subjects, fields, schools, and geographic areas, or
shortages of school leaders in high-need schools, and to
increase the diversity of qualified individuals entering into
the teacher, principal, or other school leader workforce.
``(2) Requirements of a grow your own program.--In addition
to carrying out each of the activities described in
paragraphs (1) through (6) of subsection (d), an eligible
partnership carrying out a Grow Your Own program under this
subsection shall--
``(A) integrate courses on education topics with a year-
long school-based clinical experience in which candidates
teach or lead alongside an expert mentor teacher or school
leader who is the teacher or school leader of record in the
same local educational agencies in which the candidates
expect to work;
``(B) provide opportunities for candidates to practice and
develop teaching skills or school leadership skills;
``(C) support candidates as they complete their associate
(in furtherance of their baccalaureate), baccalaureate, or
master's degree or earn their teaching or school leadership
credential;
``(D) work to provide academic, counseling, and
programmatic supports to candidates;
``(E) provide academic and nonacademic supports, including
advising and financial assistance, to candidates to enter and
complete teacher or school leadership preparation programs,
to access and complete State licensure exams, and to engage
in school-based clinical placements;
``(F) include efforts to recruit individuals with
experience in high-need subjects or fields who are not
certified to teach or lead, with a specific focus on
recruiting individuals--
``(i) from groups or populations that are underrepresented;
and
``(ii) who live in and come from the communities the
schools serve; and
``(G) require candidates to complete all State requirements
to become fully certified.''.
SEC. 20002. TEACHER RESIDENCIES.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $112,266,000, to remain available through
September 30, 2025, to award grants for the development and
support of high-quality teaching residency programs, as
described in section 202(e) of the Higher Education Act of
1965 (20 U.S.C. 1022a(e)), except that amounts available
under this section shall also be available for residency
programs for prospective teachers in a bachelor's degree
program.
SEC. 20003. SUPPORT SCHOOL PRINCIPALS.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $112,266,000, to remain available through
September 30, 2025, to award grants for the development and
support of school leadership programs, as described in
section 2243 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6673).
SEC. 20004. HAWKINS.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $112,266,000, to remain available through
September 30, 2025, to award grants for the Augustus F.
Hawkins Centers of Excellence Program, as described in
section 242 of the Higher Education Act of 1965 (20 U.S.C.
1033a).
SEC. 20005. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES
EDUCATION PART D PERSONNEL DEVELOPMENT.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $160,776,000, to remain available until
September 30, 2025, for personnel development described in
section 662 of the Individuals with Disabilities Education
Act (20 U.S.C. 1462).
SEC. 20006. GRANTS FOR NATIVE AMERICAN LANGUAGE TEACHERS AND
EDUCATORS.
The Native American Programs Act of 1974 is amended by
inserting after section 803C the following:
``SEC. 803D. GRANTS FOR NATIVE AMERICAN LANGUAGE TEACHERS AND
EDUCATORS.
``(a) In General.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to
remain available until September 30, 2031, $200,000,000 for
the Secretary, in carrying out section 803C, to award grants
to carry out activities relating to preparing, training, and
offering professional development to Native American language
teachers and Native American language early childhood
educators to ensure the survival and continuing vitality of
Native American languages.
``(b) Cost Share Prohibition.--The Secretary shall not
impose a cost sharing or matching fund requirement with
respect to grants awarded under subsection (a).''.
PART 2--HIGHER EDUCATION
SEC. 20021. INCREASING THE MAXIMUM FEDERAL PELL GRANT.
(a) Award Year 2022-2023.--Section 401(b)(7) of the Higher
Education Act of 1965 is amended--
(1) in subparagraph (A)(iii), by inserting ``and such sums
as may be necessary for fiscal year 2022 to carry out the
$550 increase for enrollment at institutions of higher
education defined in section 101 or 102(a)(1)(B) provided
under subparagraph (C)(iii)'' before ``; and''; and
(2) in subparagraph (C)(iii), by inserting before the
period at the end the following: ``, except that, for award
year 2022-2023, such amount shall be equal to the amount
determined under clause (ii) for award year 2017-2018,
increased by $550 for enrollment at institutions of higher
education defined in section 101 or 102(a)(1)(B)''.
(b) Subsequent Award Years Through 2025-2026.--Section
401(b) of the Higher Education Act of 1965, as amended by
section 703 of the FAFSA Simplification Act (title VII of
division FF of Public Law 116-260), is amended--
(1) in paragraph (5)(A)--
(A) in clause (i), by striking ``and'' after the semicolon;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following:
``(ii) for each of award years 2023-2024 through 2025-2026,
an additional $550 for enrollment at institutions of higher
education defined in section 101 or 102(a)(1)(B); and''; and
(2) in paragraph (6)(A)--
(A) in clause (i)--
(i) by striking ``appropriated) such'' and inserting the
following: ``appropriated)--
``(I) such''; and
(ii) by adding at the end the following:
``(II) such sums as are necessary to carry out paragraph
(5)(A)(ii) for each of fiscal years 2023 through 2025; and'';
and
(B) in clause (ii), by striking ``(5)(A)(ii)'' and
inserting ``(5)(A)(iii)''.
SEC. 20022. EXPANDING FEDERAL STUDENT AID ELIGIBILITY.
Section 484(a)(5) of the Higher Education Act of 1965 is
amended by inserting ``, or, with respect to any grant, loan,
or work assistance received under this title for award years
2022-2023 through 2029-2030, be subject to a grant of
deferred enforced departure or have deferred action pursuant
to the Deferred Action for Childhood Arrivals policy of the
Secretary of Homeland Security or temporary protected
status'' after ``becoming a citizen or permanent resident''.
[[Page H6383]]
SEC. 20023. INCREASE IN PELL GRANTS FOR RECIPIENTS OF MEANS-
TESTED BENEFITS.
Section 473 of the Higher Education Act of 1965, as amended
by section 702(b) of the FAFSA Simplification Act (title VII
of division FF of Public Law 116-260), is amended by adding
at the end the following:
``(d) Special Rule for Means-tested Benefit Recipients.--
During award years 2024-2025 through 2029-2030, and
notwithstanding subsection (b), for an applicant (or, as
applicable, an applicant and spouse, or an applicant's
parents) who is not described in subsection (c) and who, at
any time during the previous 24-month period, received a
benefit under a means-tested Federal benefit program (or
whose parent or spouse received such a benefit, as
applicable) described in clauses (i) through (vi) of section
479(b)(4)(H), the Secretary shall for the purposes of this
title consider the student aid index as equal to -$1,500 for
the applicant.''.
SEC. 20024. RETENTION AND COMPLETION GRANTS.
Title VII of the Higher Education Act of 1965 is amended by
adding at the end the following:
``PART F--RETENTION AND COMPLETION GRANTS
``SEC. 791. RETENTION AND COMPLETION GRANTS.
``(a) In General.--From amounts appropriated to carry out
this section for a fiscal year, the Secretary shall carry out
a program to make grants (which shall be known as `retention
and completion grants') to eligible entities to enable the
such entities to carry out the activities described in the
applications submitted under subsection (b).
``(b) Application.--To be eligible to receive a grant under
this section, an eligible entity shall submit an application
to the Secretary that includes a description of--
``(1) how the eligible entity will use the funds to
implement or expand evidence-based reforms or practices to
improve student outcomes at institutions of higher education
in the State or system of institutions of higher education,
or at the Tribal College or University, as applicable; and
``(2) how the eligible entity will sustain such reforms or
practices after the grant period.
``(c) Priority.--In awarding grants under this section to
eligible entities, the Secretary shall give priority to
eligible entities that propose to use a significant share of
grant funds to, among students of color, low-income students,
students with disabilities, students in need of remediation,
first generation college students, student parents, and other
underserved student populations in such eligible entity,
improve enrollment, retention, transfer, or completion rates
or labor market outcomes.
``(d) Adequate Progress.--As a condition of continuing to
receive funds under this section, for each year in which an
eligible entity participates in the program under this
section, such eligible entity shall demonstrate to the
satisfaction of the Secretary that the entity has made
adequate progress in implementing or expanding evidence-based
reforms or practices, and, among students of color, low-
income students, students with disabilities, students in need
of remediation, first generation college students, student
parents, and other underserved student populations in such
eligible entity, improving enrollment, retention, transfer,
or completion rates or labor market outcomes.
``(e) Matching Requirement.--As a condition of receiving a
grant under this section for the applicable year described in
paragraphs (1) through (3), an eligible entity that is not a
Tribal College or University shall provide matching funds for
such applicable year toward the cost of the activities
described in the application submitted under subsection (b).
Such matching funds shall be in the amount of--
``(1) in the second year of a grant, not less than 10
percent of the grant amount awarded to such eligible entity
for such year;
``(2) in the third year of a grant, not less than 15
percent of the grant amount awarded to such eligible entity
for such year; and
``(3) in the fourth year and each subsequent year of a
grant, not less than 20 percent of the grant amount awarded
to such eligible entity for such year.
``(f) General Requirement.--An eligible entity shall use a
grant under this section only to carry out activities
described in the application for such year under subsection
(b).
``(g) Evidence-based Reforms or Practices.--An eligible
entity receiving a grant under this section shall, directly
or in collaboration with institutions of higher education and
other non-profit organizations, use the grant funds to
implement one or more of the following evidence-based reforms
or practices:
``(1) Providing comprehensive academic, career, and student
support services, including mentoring, advising, or case
management services.
``(2) Providing assistance in applying for and accessing
direct support services, financial assistance, or means-
tested benefit programs to meet the basic needs of students.
``(3) Providing accelerated learning opportunities,
including dual or concurrent enrollment programs and early
college high school programs.
``(4) Reforming remedial or developmental education, course
scheduling, or credit-awarding policies.
``(5) Improving transfer pathways between--
``(A) in the case of an eligible entity that is a State,
community colleges and 4-year institutions of higher
education in the State;
``(B) in the case of an eligible entity that is a system of
institutions of higher education, institutions within such
system and other institutions of higher education in the
State in which the system is located; or
``(C) in the case of a Tribal College or University,
between the Tribal College or University and other
institutions of higher education.
``(h) Supplement, Not Supplant.--Funds made available under
this part shall be used to supplement, and not supplant,
other Federal, State, local, Tribal, and institutional funds
that would otherwise be expended to carry out activities
described in this section.
``(i) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
State, a system of institutions of higher education, or a
Tribal College or University.
``(2) Evidence tiers.--
``(A) Evidence tier 1.--The term `evidence tier 1', when
used with respect to a reform or practice, means a reform or
practice that meets the criteria for receiving an expansion
grant from the education innovation and research program
under section 4611(a)(2)(C) of the Elementary and Secondary
Education Act of 1965, as determined by the Secretary in
accordance with such section.
``(B) Evidence tier 2.--The term `evidence tier 2', when
used with respect to a reform or practice, means a reform or
practice that meets the criteria for receiving a mid-phase
grant from the education innovation and research program
under section 4611(a)(2)(B) of the Elementary and Secondary
Education Act of 1965, as determined by the Secretary in
accordance with such section.
``(3) First generation college student.--The term `first
generation college student' has the meaning given the term in
section 402A(h)(3).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 or 102(a)(1)(B).
``(5) State.--The term `State' means each of the 50 States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, Guam, the United
States Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and the Freely Associated States.
``(6) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b)(3).
``(j) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated--
``(1) $310,000,000 to remain available until September 30,
2030, to award competitive grants to eligible entities that
are not Tribal Colleges and Universities to carry out the
approved activities described in the applications submitted
under subsection (b);
``(2) $37,500,000 to remain available until September 30,
2030, to award competitive grants to Tribal Colleges and
Universities to carry out the approved activities described
in the applications submitted under subsection (b);
``(3) $95,000,000 to remain available until September 30,
2030, to supplement the competitive grant amounts awarded to
eligible entities with funds available under paragraph (1)
and (2) to implement reforms or practices that meet evidence
tier 1;
``(4) $47,500,000 to remain available until September 30,
2030, to supplement the competitive grant amounts awarded to
eligible entities with funds available under paragraphs (1)
and (2) to implement reforms or practices that meet evidence
tier 1 or evidence tier 2, or a combination of such reforms
or practices; and
``(5) $10,000,000 to remain available until September 30,
2030, to evaluate the effectiveness of the activities carried
out under this section.
``(k) Sunset.--The authority to make grants under this
section shall expire at the end of award year 2026-2027.
``(l) Inapplicability of GEPA Contingent Extension of
Programs.--Section 422 of the General Education Provisions
Act shall not apply to this part.''.
SEC. 20025. INSTITUTIONAL AID.
(a) In General.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated--
(1) $470,640,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(B) of the Higher
Education Act of 1965 in fiscal year 2022;
(2) $470,640,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(B) of the Higher
Education Act of 1965 in fiscal year 2023;
(3) $470,640,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(B) of the Higher
Education Act of 1965 in fiscal year 2024;
(4) $470,640,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(B) of the Higher
Education Act of 1965 in fiscal year 2025;
(5) $470,640,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(B) of the Higher
Education Act of 1965 in fiscal year 2026;
(6) $470,640,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(C) of the Higher
Education Act of 1965 in fiscal year 2022;
(7) $470,640,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(C) of the Higher
Education Act of 1965 in fiscal year 2023;
(8) $470,640,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(C) of the Higher
Education Act of 1965 in fiscal year 2024;
(9) $470,640,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(C) of the Higher
Education Act of 1965 in fiscal year 2025;
(10) $470,640,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(C) of the Higher
Education Act of 1965 in fiscal year 2026;
[[Page H6384]]
(11) $141,120,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(i) of the Higher
Education Act of 1965 in fiscal year 2022;
(12) $141,120,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(i) of the Higher
Education Act of 1965 in fiscal year 2023;
(13) $141,120,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(i) of the Higher
Education Act of 1965 in fiscal year 2024;
(14) $141,120,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(i) of the Higher
Education Act of 1965 in fiscal year 2025;
(15) $141,120,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(i) of the Higher
Education Act of 1965 in fiscal year 2026;
(16) $70,560,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(ii) of the Higher
Education Act of 1965 in fiscal year 2022;
(17) $70,560,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(ii) of the Higher
Education Act of 1965 in fiscal year 2023;
(18) $70,560,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(ii) of the Higher
Education Act of 1965 in fiscal year 2024;
(19) $70,560,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(ii) of the Higher
Education Act of 1965 in fiscal year 2025;
(20) $70,560,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(ii) of the Higher
Education Act of 1965 in fiscal year 2026;
(21) $23,520,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(iii) of the
Higher Education Act of 1965 in fiscal year 2022;
(22) $23,520,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(iii) of the
Higher Education Act of 1965 in fiscal year 2023;
(23) $23,520,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(iii) of the
Higher Education Act of 1965 in fiscal year 2024;
(24) $23,520,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(iii) of the
Higher Education Act of 1965 in fiscal year 2025;
(25) $23,520,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(iii) of the
Higher Education Act of 1965 in fiscal year 2026;
(26) $23,520,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(iv) of the Higher
Education Act of 1965 in fiscal year 2022;
(27) $23,520,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(iv) of the Higher
Education Act of 1965 in fiscal year 2023;
(28) $23,520,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(iv) of the Higher
Education Act of 1965 in fiscal year 2024;
(29) $23,520,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(iv) of the Higher
Education Act of 1965 in fiscal year 2025; and
(30) $23,520,000, to remain available until September 30,
2028, for carrying out section 371(b)(2)(D)(iv) of the Higher
Education Act of 1965 in fiscal year 2026.
(b) Use of Funds.--
(1) In general.--An institution of higher education
receiving funds made available under this section shall use
such funds in accordance with the uses of funds described
under subparagraphs (B), (C), and clauses (i) through (iv) of
subparagraph (D) of section 371(b)(2) of the Higher Education
Act of 1965, as applicable, and to award need-based financial
aid (including emergency financial aid grants) to low-income
students enrolled in an eligible program (as defined in
section 481(b) of the Higher Education Act of 1965) at such
institution.
(2) Distribution requirements.--The Secretary of Education
shall distribute each of the amounts appropriated under
paragraphs (6) through (10) of subsection (a) in accordance
with section 371(b)(2)(C), except that in clause (ii) of such
section, ``25'' and ``of $600,000 annually'' shall not apply.
(c) No Additional Eligibility Requirements.--No individual
shall be determined by the Secretary of Education to be
ineligible for benefits provided under subsection (b)(1)
except on the basis of not being a low-income student
enrolled in an eligible program (as defined in section 481(b)
of the Higher Education Act of 1965).
SEC. 20026. RESEARCH AND DEVELOPMENT INFRASTRUCTURE
COMPETITIVE GRANT PROGRAM.
Title III of the Higher Education Act of 1965 is amended--
(1) by redesignating part G as part H; and
(2) by inserting after section 371 the following:
``PART G--IMPROVING RESEARCH & DEVELOPMENT INFRASTRUCTURE FOR
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, TRIBAL COLLEGES AND
UNIVERSITIES, AND MINORITY-SERVING INSTITUTIONS
``SEC. 381. IMPROVING RESEARCH & DEVELOPMENT INFRASTRUCTURE
FOR HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES, TRIBAL COLLEGES AND UNIVERSITIES,
AND MINORITY-SERVING INSTITUTIONS.
``(a) Eligible Institution.--In this section, the term
`eligible institution' means--
``(1) an institution that--
``(A) is described in section 371(a);
``(B) is a 4-year institution; and
``(C) is not an institution classified as `very high
research activity' by the Carnegie Classification of
Institutions of Higher Education; or
``(2) an institution described in paragraph (1) acting on
behalf of a consortium, which may include institutions
classified as `very high research activity' by the Carnegie
Classification of Institutions of Higher Education, 2-year
institutions of higher education (as defined in section 101),
and other academic partners, philanthropic organizations, and
industry partners, provided that the eligible institution is
the lead member and fiscal agent of the consortium.
``(b) Authorization of Grant Programs.--For the purpose of
supporting research and development infrastructure at
eligible institutions, the Secretary shall award, on a
competitive basis, to eligible institutions--
``(1) planning grants for a period of not more than 2
years; and
``(2) implementation grants for a period of not more than 5
years.
``(c) Applications.--
``(1) In general.--An eligible institution that desires to
receive a planning grant under subsection (b)(1) or an
implementation grant under subsection (b)(2) shall submit an
application to the Secretary that includes a description of
the activities that will be carried out with grant funds.
``(2) No comprehensive development plan.--The requirement
under section 391(b)(1) shall not apply to grants awarded
under this section.
``(d) Priority in Awards.--
``(1) In general.--In awarding planning and implementation
grants under this section, the Secretary shall administer
separate competitions for each of the categories of
institutions listed in paragraphs (1) through (7) of section
371(a).
``(2) Priority.--In awarding implementation grants under
this section, the Secretary shall give priority to eligible
institutions that have received a planning grant under this
section.
``(e) Use of Funds.--
``(1) Planning grants.--An eligible institution that
receives a planning grant under subsection (b)(1) shall use
the grant funds to develop a strategic plan for improving
institutional research and development infrastructure that
includes--
``(A) an assessment of the existing institutional research
capacity and research and development infrastructure; and
``(B) a detailed description of how the institution would
use research and development infrastructure funds provided by
an implementation grant under this section to increase the
institution's research capacity and support research and
development infrastructure.
``(2) Implementation grants.--An eligible institution that
receives an implementation grant under subsection (b)(2)
shall use the grant funds to support research and development
infrastructure, which shall include carrying out at least one
of the following activities:
``(A) Providing for the improvement of infrastructure
existing on the date of the grant award, including deferred
maintenance, or the establishment of new physical
infrastructure, including instructional program spaces,
laboratories, research facilities or furniture, fixtures, and
instructional research-related equipment and technology
relating to the fields of science, technology, engineering,
the arts, mathematics, health, agriculture, education,
medicine, law, and other disciplines.
``(B) Hiring and retaining faculty, students, research-
related staff, or other personnel, including research
personnel skilled in operating, using, or applying
technology, equipment, or devices used to conduct or support
research.
``(C) Creating and supporting inter- and intra-
institutional research centers (including formal and informal
communities of practice) in fields of research for which
research and development infrastructure funds have been
awarded under this section, including hiring staff and
purchasing supplies and equipment.
``(f) Supplement Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, tribal, and local funds that would
otherwise be expended to carry out the activities described
in this section.
``(g) Sunset.--
``(1) In general.--The authority to make--
``(A) planning grants under subsection (b)(1) shall expire
at the end of fiscal year 2025; and
``(B) implementation grants under subsection (b)(2) shall
expire at the end of fiscal year 2027.
``(2) Inapplicability of gepa contingent extension of
programs.--Section 422 of the General Education Provisions
Act shall not apply to this section.
``(h) Appropriations.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$3,000,000,000, to remain available until September 30, 2028,
for carrying out this section.''.
SEC. 20027. NORTHERN MARIANA ISLANDS, AMERICAN SAMOA, UNITED
STATES VIRGIN ISLANDS, GUAM, AND FREELY
ASSOCIATED STATES COLLEGE ACCESS.
Title VII of the Higher Education Act of 1965, as amended
by this Act, is further amended by adding at the end the
following:
``PART G--COLLEGE ACCESS FOR STUDENTS IN OUTLYING AREAS
``SEC. 792. NORTHERN MARIANA ISLANDS, AMERICAN SAMOA, UNITED
STATES VIRGIN ISLANDS, GUAM, AND FREELY
ASSOCIATED STATES COLLEGE ACCESS GRANTS.
``(a) Grants.--
``(1) Grant amounts.--
``(A) In general.--Beginning with award year 2023-2024,
from amounts appropriated to carry out this section, the
Secretary shall award grants to the Governors of each
outlying area
[[Page H6385]]
for such Governors to award grants to eligible institutions
that enroll eligible students to pay the difference between
the tuition and fees charged for in-State students and the
tuition and fees charged for out-of-State students on behalf
of each eligible student enrolled in the eligible
institution.
``(B) Maximum student amounts.--The amount paid on behalf
of an eligible student under this section shall be--
``(i) not more than $15,000 for any one award year (as
defined in section 481(a)(1)); and
``(ii) not more than $75,000 in the aggregate.
``(C) Proration.--The Governor shall prorate payments under
this section with respect to eligible students who attend an
eligible institution on less than a full-time basis.
``(2) Agreement.--Each Governor desiring a grant under this
section shall enter into an agreement with the Secretary for
the purposes of administering the grant program.
``(3) Grant authority.--The authority to make grants under
this section shall expire at the end of award year 2029-2030.
``(b) Inapplicability of GEPA Contingent Extension of
Programs.--Section 422 of the General Education Provisions
Act shall not apply to this section.
``(c) No Additional Eligibility Requirements.--No
individual shall be determined, by a Governor, an eligible
institution, or the Secretary, to be ineligible for benefits
provided under this section except on the basis of
eligibility requirements under this section.
``(d) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible
institution' means an institution that--
``(A) is a public four-year institution of higher education
located in one of the several States of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or
an outlying area;
``(B) enters into an agreement with the Governor of an
outlying area, or with two or more of such Governors (except
that such institution may not enter into an agreement with
the Governor of the outlying area in which such institution
is located), to carry out the grant program under this
section; and
``(C) submits an assurance to the Governor and to the
Secretary that the institution shall use funds made available
under this section to supplement, and not supplant,
assistance that otherwise would be provided to eligible
students from outlying areas.
``(2) Eligible student.--The term `eligible student' means
a student who--
``(A) was domiciled in an outlying area for not less than
12 consecutive months preceding the commencement of the
freshman year at an institution of higher education supported
by a grant awarded under this section;
``(B) has not completed an undergraduate baccalaureate
course of study; and
``(C) is enrolled as an undergraduate student in an
eligible program (as defined in section 481(b)) on at least a
half-time basis.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(4) Governor.--The term `Governor' means the chief
executive of an outlying area.
``(5) Outlying area.--The term `outlying area' means the
Northern Mariana Islands, American Samoa, the United States
Virgin Islands, Guam, and the Freely Associated States.
``(e) Appropriations.--In addition to amounts otherwise
available, there is appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary, to remain available until September 30, 2030, for
carrying out this section.''.
PART 3--DEPARTMENT OF EDUCATION IMPLEMENTATION
SEC. 20031. PROGRAM ADMINISTRATION.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $91,742,000, to remain available until
expended, for necessary administrative expenses associated
with carrying out this subtitle and sections 22101 and 22102.
SEC. 20032. STUDENT AID ADMINISTRATION.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $85,000,000, to remain available through
September 30, 2030, for Student Aid Administration within the
Department of Education for necessary administrative expenses
associated with carrying out this subtitle and for additional
Federal administrative expenses.
SEC. 20033. OFFICE OF INSPECTOR GENERAL.
In addition to amounts otherwise available, there is
appropriated to the Department of Education for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $10,000,000, to remain available until
expended, for the Office of Inspector General of the
Department of Education, for salaries and expenses necessary
for oversight, investigations, and audits of programs,
grants, and projects funded under this subtitle and sections
22101 and 22102 carried out by the Office of Inspector
General.
Subtitle B--Labor Matters
SEC. 21001. DEPARTMENT OF LABOR.
In addition to amounts otherwise available, out of any
money in the Treasury not otherwise appropriated, there are
appropriated to the Department of Labor for fiscal year 2022,
to remain available until September 30, 2026, the following
amounts:
(1) $195,000,000 to the Employee Benefits Security
Administration for carrying out enforcement activities.
(2) $707,000,000 to the Occupational Safety and Health
Administration for carrying out enforcement, standards
development, whistleblower investigations, compliance
assistance, funding for State plans, and related activities
within the Occupational Safety and Health Administration.
(3) $133,000,000 to the Mine Safety and Health
Administration for carrying out enforcement, standard
setting, technical assistance, and related activities.
(4) $405,000,000 to the Wage and Hour Division for carrying
out activities.
(5) $121,000,000 to the Office of Workers' Compensation
Programs for carrying out activities of the Office.
(6) $201,000,000 to the Office of Federal Contract
Compliance Programs for carrying out audit, investigation,
enforcement, and compliance assistance, and other activities.
(7) $176,000,000 to the Office of the Solicitor for
carrying out necessary legal support for activities carried
out by the Office related to and in support of the activities
of those Department of Labor agencies receiving additional
funding in this section.
SEC. 21002. NATIONAL LABOR RELATIONS BOARD.
In addition to amounts otherwise available, out of any
money in the Treasury not otherwise appropriated, there are
appropriated to the National Labor Relations Board for fiscal
year 2022, $350,000,000, to remain available until September
30, 2026, for carrying out the activities of the Board.
SEC. 21003. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
In addition to amounts otherwise available, out of any
money in the Treasury not otherwise appropriated, there are
appropriated to the Equal Employment Opportunity Commission
for fiscal year 2022, $321,000,000, to remain available until
September 30, 2026, for carrying out investigation,
enforcement, outreach, and related activities.
SEC. 21004. ADJUSTMENT OF CIVIL PENALTIES.
(a) Occupational Safety and Health Act of 1970.--Section 17
of the Occupational Safety and Health Act of 1970 (29 U.S.C.
666) is amended--
(1) in subsection (a)--
(A) by striking ``$70,000'' and inserting ``$700,000''; and
(B) by striking ``$5,000'' and inserting ``$50,000'';
(2) in subsection (b), by striking ``$7,000'' and inserting
``$70,000''; and
(3) in subsection (d), by striking ``$7,000'' and inserting
``$70,000''.
(b) Fair Labor Standards Act of 1938.--Section 16(e) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is
amended--
(1) in paragraph (1)(A)--
(A) in clause (i), by striking ``$11,000'' and inserting
``$132,270''; and
(B) in clause (ii), by striking ``$50,000'' and inserting
``$601,150''; and
(2) in paragraph (2)--
(A) in the first sentence, by striking ``$1,100'' and
inserting ``$20,740''; and
(B) in the second sentence, by striking ``$1,100'' and
inserting ``$11,620''.
(c) Migrant and Seasonal Agricultural Worker Protection
Act.--Section 503(a)(1) of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1853(a)(1)) is
amended by striking ``$1,000'' and inserting ``$25,790''.
(d) Effective Date.--The amendments made by this section
shall take effect on January 1, 2022.
SEC. 21005. CIVIL MONETARY PENALTIES FOR PARITY VIOLATIONS.
(a) Civil Monetary Penalties Relating to Parity in Mental
Health and Substance Use Disorders.--Section 502(c)(10) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1132(c)(10)(A)) is amended--
(1) in the heading, by striking ``use of genetic
information'' and inserting ``use of genetic information and
parity in mental health and substance use disorder
benefits''; and
(2) in subparagraph (A)--
(A) by striking ``any plan sponsor of a group health plan''
and inserting ``any plan sponsor or plan administrator of a
group health plan''; and
(B) by striking ``for any failure'' and all that follows
through ``in connection with the plan.'' and inserting ``for
any failure by such sponsor, administrator, or issuer, in
connection with the plan--
``(i) to meet the requirements of subsection (a)(1)(F),
(b)(3), (c), or (d) of section 702 or section 701 or
702(b)(1) with respect to genetic information; or
``(ii) to meet the requirements of subsection (a) of
section 712 with respect to parity in mental health and
substance use disorder benefits.''.
(b) Exception to the General Prohibition on Enforcement.--
Section 502 of such Act (29 U.S.C. 1132) is amended--
(1) in subsection (a)(6), by striking ``or (9)'' and
inserting ``(9), or (10)''; and
(2) in subsection (b)(3)--
(A) by striking ``subsections (c)(9) and (a)(6)'' and
inserting ``subsections (c)(9), (c)(10), and (a)(6)'';
(B) by striking ``under subsection (c)(9))'' and inserting
``under subsections (c)(9) and (c)(10)), and except with
respect to enforcement by the Secretary of section 712''; and
(C) by striking ``706(a)(1)'' and inserting ``733(a)(1)''.
(c) Effective Date.--The amendments made by subsection (a)
shall apply with respect to group health plans, or any health
insurance issuer offering health insurance coverage in
connection with such plan, for plan years beginning after the
date that is 1 year after the date of enactment of this Act.
SEC. 21006. PENALTIES UNDER THE NATIONAL LABOR RELATIONS ACT.
(a) In General.--Section 12 of the National Labor Relations
Act (29 U.S.C. 162) is amended--
[[Page H6386]]
(1) by striking ``sec. 12. Any person'' and inserting the
following:
``SEC. 12. PENALTIES.
``(a) Violations for Interference With Board.--Any
person''; and
(2) by adding at the end the following:
``(b) Civil Penalties for Unfair Labor Practices.--Any
employer who commits an unfair labor practice within the
meaning of section 8(a) affecting commerce shall be subject
to a civil penalty in an amount not to exceed $50,000 for
each such violation, except that, with respect to such an
unfair labor practice within the meaning of paragraph (3) or
(4) of section 8(a) or such a violation of section 8(a) that
results in the discharge of an employee or other serious
economic harm to an employee, the Board shall double the
amount of such penalty, to an amount not to exceed $100,000,
in any case where the employer has within the preceding 5
years committed another such violation of such paragraph (3)
or (4) or such violation of section 8(a) that results in such
discharge or other serious economic harm. A civil penalty
under this paragraph shall be in addition to any other remedy
ordered by the Board.
``(c) Considerations.--In determining the amount of any
civil penalty under this section, the Board shall consider--
``(1) the gravity of the actions of the employer resulting
in the penalty, including the impact of such actions on the
charging party or on other persons seeking to exercise rights
guaranteed by this Act;
``(2) the size of the employer;
``(3) the history of previous unfair labor practices or
other actions by the employer resulting in a penalty; and
``(4) the public interest.
``(d) Director and Officer Liability.--If the Board
determines, based on the particular facts and circumstances
presented, that a director or officer's personal liability is
warranted, a civil penalty for a violation described in this
section may also be assessed against any director or officer
of the employer who directed or committed the violation, had
established a policy that led to such a violation, or had
actual or constructive knowledge of and the authority to
prevent the violation and failed to prevent the violation.''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2022.
Subtitle C--Workforce Development Matters
PART 1--DEPARTMENT OF LABOR
SEC. 22001. DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $2,000,000,000, to remain available
until September 30, 2026, which shall be allotted in
accordance with subsection (b)(2) of section 132 and reserved
under subsection (a) of section 133 of the Workforce
Innovation and Opportunity Act, and allocated under
subsection (b)(1)(B) of section 133 of such Act for each
local area to provide--
(1) career services authorized under subsection (c)(2) of
section 134 of the Workforce Innovation and Opportunity Act,
including individualized career services described in section
134(c)(2)(A)(xii) of such Act;
(2) supportive services and needs-related payments
authorized under paragraphs (2) and (3) of section 134(d) of
the Workforce Innovation and Opportunity Act, except that the
requirements of subparagraphs (B) and (C) of paragraph (3) of
such section shall not apply; and
(3) training services, including through individual
training accounts, authorized under section 134(c)(3) of the
Workforce Innovation and Opportunity Act, except that for
purposes of providing transitional jobs as part of those
services under this section, section 134(d)(5) of such Act
shall be applied by substituting ``40 percent'' for ``10
percent''.
(b) Supplement Not Supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, and local public funds
expended to provide employment and training activities for
dislocated workers, including funds provided under the
Workforce Innovation and Opportunity Act.
SEC. 22002. ADULT WORKER EMPLOYMENT AND TRAINING ACTIVITIES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $1,000,000,000, to remain available
until September 30, 2026, which shall be allotted in
accordance with subsection (b)(1) of section 132 and reserved
under subsection (a) of section 133 of the Workforce
Innovation and Opportunity Act, and allocated under
subsection (b)(1)(A) of section 133 of such Act for each
local area to provide--
(1) career services authorized under subsection (c)(2) of
section 134 of the Workforce Innovation and Opportunity Act,
including individualized career services described in section
134(c)(2)(A)(xii) of such Act;
(2) supportive services and needs-related payments
authorized under paragraphs (2) and (3) of section 134(d) of
the Workforce Innovation and Opportunity Act, except that the
requirements of subparagraphs (B) and (C) of paragraph (3) of
such section shall not apply; and
(3) training services, including through individual
training accounts, authorized under section 134(c)(3) of the
Workforce Innovation and Opportunity Act, except that for
purposes of providing incumbent worker training as part of
those services under this section, if such training is
provided to low-wage workers, section 134(d)(4)(A)(i) of such
Act shall be applied by substituting ``40 percent'' for ``20
percent''.
(b) Supplement Not Supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, and local public funds
expended to provide adult employment and training activities,
including funds provided under the Workforce Innovation and
Opportunity Act.
SEC. 22003. YOUTH WORKFORCE INVESTMENT ACTIVITIES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $1,500,000,000, to remain available
until September 30, 2026, which shall be allotted in
accordance with subparagraphs (B) and (C) of section
127(b)(1) and reserved under subsection (a) of section 128 of
the Workforce Innovation and Opportunity Act, and allocated
under subsection (b) of section 128 of such Act for each
local area to--
(1) carry out the youth workforce investment activities
authorized under section 129 of the Workforce Innovation and
Opportunity Act;
(2) provide opportunities for in-school youth and out-of-
school youth to participate in paid work experiences
described in subsection (c)(2)(C) of section 129 of the
Workforce Innovation and Opportunity Act; and
(3) partner with community-based organizations to support
out-of-school youth, including those residing in high-crime
or high-poverty areas.
(b) Supplement Not Supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, and local public funds
expended for youth workforce investment activities, including
funds provided under the Workforce Innovation and Opportunity
Act.
SEC. 22004. EMPLOYMENT SERVICE.
In addition to amounts otherwise available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
the following amounts, to remain available until September
30, 2026:
(1) $400,000,000 for carrying out the State grant
activities authorized under section 7 of the Wagner-Peyser
Act, which shall be allotted in accordance with section 6 of
such Act, except that, for purposes of this section, funds
shall also be reserved and used for the Commonwealth of the
Northern Mariana Islands and American Samoa in amounts the
Secretary determines appropriate prior to the allotments
being made in accordance with section 6 of such Act.
(2) $100,000,000 for carrying out improvements to State
workforce and labor market information systems.
SEC. 22005. RE-ENTRY EMPLOYMENT OPPORTUNITIES.
In addition to amounts otherwise available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
the following amounts, to remain available until September
30, 2026:
(1) $375,000,000, for carrying out the Reentry Employment
Opportunities program.
(2) $125,000,000, for competitive grants to national and
regional intermediaries to carry out Reentry Employment
Opportunity programs that prepare for employment young adults
with criminal records, young adults who have been justice
system-involved, or young adults who have dropped out of
school or other educational programs, made with a priority
for projects serving high-crime, high-poverty areas.
SEC. 22006. REGISTERED APPRENTICESHIPS, YOUTH
APPRENTICESHIPS, AND PRE-APPRENTICESHIPS.
In addition to amounts otherwise available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any amounts in the Treasury not otherwise
appropriated, the following amounts, to remain available
until September 30, 2026:
(1) $500,000,000 for carrying out activities through
grants, cooperative agreements, contracts, or other
arrangements, including arrangements with States and outlying
areas (as such terms are defined in paragraphs (45) and (56),
respectively, of section 3 of the Workforce Innovation and
Opportunity Act), equity intermediaries, and business and
labor industry partner intermediaries, to create or expand
only--
(A) registered apprenticeship programs;
(B) pre-apprenticeship programs that articulate to
registered apprenticeship programs; and
(C) youth apprenticeship programs that--
(i) provide participants with high-quality, classroom-based
related instruction and training, and employment
opportunities with progressively increasing wages; and
(ii) prepare participants for enrollment in an institution
of higher education (as defined in section 101 or 102(c) of
the Higher Education Act of 1965), a registered
apprenticeship program, and employment.
(2) $500,000,000 for carrying out activities through
arrangements described in paragraph (1) to support programs
described in such paragraph that serve a high number or high
percentage of individuals with barriers to employment (as
defined in section 3(24) of the Workforce Innovation and
Opportunity Act), including individuals with disabilities, or
nontraditional apprenticeship populations.
SEC. 22007. INDUSTRY OR SECTOR PARTNERSHIP GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $4,600,000,000, to remain available
until September 30, 2026, for the Secretary to award, on a
competitive basis, grants, contracts, or cooperative
agreements to eligible partnerships for the purposes of
expanding employment and
[[Page H6387]]
training activities for high-skill, high-wage, or in-demand
industry sectors or occupations.
(b) Eligibility.--To be eligible to receive funds under
this section, an eligible partnership shall submit to the
Secretary an application that includes a description of
programs to be supported with such funds, the recognized
postsecondary credentials participants in such programs will
earn, and related employment opportunities for which
participants in such programs will be prepared.
(c) Uses of Funds.--An eligible partnership awarded funds
under this section shall use such funds to--
(1) regularly engage and convene stakeholders to develop,
or expand, employment and training activities for the high-
skill, high-wage, or in-demand industry sector or occupation
on which such partnership is focused;
(2) directly provide, or arrange for the provision of,
high-quality, evidence-based training that leads to the
attainment of nationally or regionally portable and stackable
recognized postsecondary credentials for the industry sector
or occupation described in paragraph (1), which shall
include--
(A)(i) training services described in any clause of
subparagraph (D) of section 134(c)(3) of the Workforce
Innovation and Opportunity Act provided through contracts
that meet the requirements of that section 134(c)(3); or
(ii) training provided through--
(I) registered apprenticeship programs;
(II) pre-apprenticeship programs that articulate to
registered apprenticeship programs;
(III) youth apprenticeship programs that--
(aa) provide participants with high-quality, classroom-
based related instruction and training, and employment
opportunities with progressively increasing wages; and
(bb) prepare participants for enrollment in an institution
of higher education (as defined in section 101 or 102(c)) of
the Higher Education Act of 1965), a registered
apprenticeship program, and employment; or
(IV) joint labor-management organizations; and
(B) the provision of information on related skills or
competencies that may be attained through such training or
credentials;
(3) directly provide, or arrange for the provision of,
services to help individuals with barriers to employment
prepare for, complete, and successfully transition out of
training described in paragraph (2), which services shall
include career services, supportive services, or provision of
needs-related payments authorized under subsections (c)(2),
(d)(2), and (d)(3) of section 134 of the Workforce Innovation
and Opportunity Act, except that, for purposes of this
section, subparagraphs (B) and (C) of section 134(d)(3) of
that Act shall not apply; and
(4) establish or implement plans for providers of programs
supported with such funds to meet the criteria and carry out
the procedures to be included on the eligible training
services provider list described in section 122(d) of the
Workforce Innovation and Opportunity Act.
(d) Administration.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $150,000,000, to remain available
until September 30, 2026, for--
(1) targeted outreach and support to eligible partnerships
serving local areas with high unemployment rates or high
percentages of dislocated workers or individuals with
barriers to employment, to provide guidance and assistance in
the application process under this section;
(2) administration of the program described in this
section, including providing comprehensive technical
assistance and oversight to support eligible partnerships;
and
(3) evaluating and reporting on the performance and impact
of programs funded under this section.
(e) State Board or Local Board Funds.--In addition to
amounts otherwise available, there is appropriated to the
Department of Labor for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $250,000,000, to
remain available until September 30, 2026, to provide direct
assistance to State boards or local boards to support the
creation or expansion of industry or sector partnerships in
local areas with high unemployment rates or high percentages
of dislocated workers or individuals with barriers to
employment, as compared to State or national averages for
such rates or percentages.
(f) Supplement Not Supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, and local public funds
expended to support activities described in this section.
SEC. 22008. JOB CORPS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any amounts in the Treasury not
otherwise appropriated, $500,000,000, to remain available
until September 30, 2026--
(1) to provide funds to operators and service providers
to--
(A) carry out the activities and services described in
sections 148 and 149 of the Workforce Innovation and
Opportunity Act; and
(B) improve and expand access to allowances and services
described in section 150 of such Act; and
(2) for the construction, rehabilitation, and acquisition
of Job Corps centers, notwithstanding section 158(c) of the
Workforce Innovation and Opportunity Act.
(b) Eligibility of Operators and Service Providers.--For
the purposes of carrying out subsection (a), an entity in a
State or outlying area (as such term is defined in section
3(45) of the Workforce Innovation and Opportunity Act) may be
eligible to be selected as an operator or service provider.
SEC. 22009. NATIVE AMERICAN PROGRAMS.
In addition to amounts otherwise available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any amounts in the Treasury not otherwise
appropriated, $50,000,000, to remain available until
September 30, 2026, to carry out activities described in
section 166(d)(2)(A) of the Workforce Innovation and
Opportunity Act.
SEC. 22010. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
In addition to amounts otherwise available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any amounts in the Treasury not otherwise
appropriated, $70,000,000, to remain available until
September 30, 2026, to carry out activities described in
section 167(d) of the Workforce Innovation and Opportunity
Act, except that, for purposes of providing services as part
of such activities to low-income individuals under this
section, section 3(36)(A)(ii)(I) of such Act shall be applied
by substituting ``150 percent of the poverty line'' for ``the
poverty line''.
SEC. 22011. YOUTHBUILD PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any amounts in the Treasury not otherwise
appropriated, $15,000,000, to remain available until
September 30, 2026, to carry out activities described in
section 171(c)(2) of the Workforce Innovation and Opportunity
Act, including for the purposes of improving and expanding
access to services, stipends, wages, and benefits described
in subparagraphs (A)(vii) and (F) of section 171(c)(2) of
such Act.
SEC. 22012. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any amounts in the Treasury not otherwise
appropriated, $35,000,000, to remain available until
September 30, 2026, for the Senior Community Service
Employment program authorized under section 502 of the Older
Americans Act of 1965.
SEC. 22013. PROVISION OF INFORMATION.
For purposes of determinations of the eligibility of
individuals to participate in activities funded under this
subtitle, the provision of information for such
determinations by Federal agencies other than the Department
of Labor or the Department of Education shall not be
required.
SEC. 22014. DEFINITIONS.
In this part:
(1) Eligible partnership.--The term ``eligible
partnership'' means--
(A) an industry or sector partnership, which shall include
multiple representatives described in each of clauses (i)
through (iii) of paragraph (26)(A) of section 3 of the
Workforce Innovation and Opportunity Act; or
(B) a State board or local board, a joint labor-management
organization, or an entity eligible to be a representative
under clause (i), (ii), or (iii) of paragraph (26)(A) of
section 3 of the Workforce Innovation and Opportunity Act,
that is in the process of establishing an industry or sector
partnership described in subparagraph (A), to carry out a
grant, contract, or cooperative agreement under section
22007.
(2) Evidence-based.--The term ``evidence-based'' has the
meaning given the term in section 3(23) of the Carl D.
Perkins Career and Technical Education Act of 2006.
(3) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
program registered with the Office of Apprenticeship of the
Employment and Training Administration of the Department of
Labor or a State apprenticeship agency recognized by the
Office of Apprenticeship pursuant to the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(5) WIOA definitions.--
(A) In general.--The terms ``career pathway'', ``in-demand
industry sector or occupation'', ``individual with a barrier
to employment'', ``industry or sector partnership'', ``local
area'', ``local board'', ``recognized postsecondary
credential'', ``State board'', and ``supportive services''
have the meanings given the terms in paragraphs (7), (23),
(24), (26), (32), (33), (52), (57), and (59), respectively,
of section 3 of the Workforce Innovation and Opportunity Act.
(B) Career services.--The term ``career services'' means
services described in section 134(c)(2) of the Workforce
Innovation and Opportunity Act.
PART 2--DEPARTMENT OF EDUCATION
SEC. 22101. ADULT EDUCATION AND LITERACY.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Department of
Education for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $700,000,000, to remain
available until September 30, 2027, to carry out the program
of adult education and literacy activities authorized under
the Workforce Innovation and Opportunity Act, except that,
for each fiscal year for which an eligible agency receives
funds appropriated under this section, section 222(a)(1) of
the Workforce Innovation and Opportunity Act shall be applied
by substituting ``not less than 10 percent'' for ``not more
than 20 percent'', and section 222(b) of such Act shall not
apply.
(b) Supplement Not Supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, and local public funds
expended to support adult education and literacy activities,
including funds provided under the Workforce Innovation and
Opportunity Act.
[[Page H6388]]
SEC. 22102. CAREER AND TECHNICAL EDUCATION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Department of
Education for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, the following amounts,
to remain available until September 30, 2027:
(1) $600,000,000 for carrying out career and technical
education programs authorized under section 124 and section
135 of the Carl D. Perkins Career and Technical Education Act
of 2006, which shall be allotted in accordance with section
111 and section 112 of such Act, except that subsection (b)
of section 112 shall not apply.
(2) $100,000,000 for carrying out the innovation and
modernization program in subsection (e) of section 114 of the
Carl D. Perkins Career and Technical Education Act of 2006,
except that, for purposes of this paragraph, paragraph (2) of
such subsection and the 20 percent limitation in paragraph
(1) of such subsection shall not apply and eligible agencies,
as defined in section 3(18) of such Act, shall be eligible to
receive grants under such program.
(b) Supplement Not Supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, and local public funds
expended for career and technical education programs,
including funds provided under the Carl D. Perkins Career and
Technical Education Act of 2006.
SEC. 22103. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP
GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Department of
Education for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $4,900,000,000, to
remain available until September 30, 2026, for the Secretary,
in coordination with the Secretary of Labor, to award grants,
on a competitive basis, to eligible institutions for the
purposes of expanding employment and training activities for
high-skill, high-wage, or in-demand industry sectors or
occupations.
(b) Eligibility.--To be eligible to receive such a grant,
an eligible institution shall submit to the Secretary an
application that includes a description of programs to be
supported with such grant, the recognized postsecondary
credentials participants in such programs will earn, and the
related employment opportunities for which participants in
such programs will be prepared.
(c) Use of Funds.--An eligible institution awarded a grant
under this section shall use such grant funds to expand
opportunities for attainment of recognized postsecondary
credentials that are nationally or regionally portable and
stackable for high-skill, high-wage, or in-demand industry
sectors or occupations by--
(1) establishing, improving, or scaling high-quality,
evidence-based education or career training programs, career
pathway programs, or work-based learning programs (including
registered apprenticeship programs or pre-apprenticeships
that articulate to registered apprenticeship programs);
(2) providing services to help individuals with barriers to
employment prepare for, complete, and successfully transition
out of programs described in paragraph (1) supported by such
grant, which shall include providing supportive services,
career services, career guidance and academic counseling, or
job placement assistance; and
(3) carrying out 1 or more of the following:
(A) Creating, developing, or expanding articulation
agreements (as defined in section 486A(a) of the Higher
Education Act of 1965), credit transfer agreements,
corequisite remediation programs, dual or concurrent
enrollment programs, or policies and processes to award
academic credit for prior learning or for programs described
in paragraph (1) supported by such grant.
(B) Making available information on curricula and
recognized postsecondary credentials, including those created
or developed using such grant, and information on the related
skills or competencies and related employment and earnings
outcomes.
(C) Establishing or implementing plans for providers of
programs described in paragraph (1) supported by such grant
to meet the criteria and carry out the procedures to be
included on the eligible training services provider list
described in section 122(d) of the Workforce Innovation and
Opportunity Act.
(D) Purchasing, leasing, or refurbishing specialized
equipment necessary to carry out such programs.
(E) Reducing participants' cost of attendance in such
programs.
(F) Establishing or expanding industry or sector
partnerships to successfully carry out the activities
supported by such grant under this paragraph, and paragraphs
(1) and (2).
(d) Administration.--In addition to amounts otherwise
available, there is appropriated to the Department of
Education for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until September 30, 2026, to carry out, in
coordination of the Department of Labor, the following
activities:
(1) Targeted outreach to eligible institutions serving a
high number or high percentage of low-income individuals or
individuals with barriers to employment, and rural-serving
eligible institutions, to provide guidance and assistance in
the grant application process under this section.
(2) Administration of the program described in this
section, including providing technical assistance and
oversight to support eligible institutions.
(3) Evaluating and reporting on the performance and impact
of programs funded under this section.
(e) Supplement Not Supplant.--Amounts available to carry
out this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended to
support activities described in this section.
(f) Definitions.--In this section:
(1) Community college.--The term ``community college''
means--
(A) a degree-granting public institution of higher
education (as defined in section 101 of the Higher Education
Act of 1965) at which--
(i) the highest degree awarded is an associate degree; or
(ii) an associate degree is the most frequently awarded
degree;
(B) a 2-year Tribal College or University (as defined in
section 316(b)(3) of the Higher Education Act of 1965);
(C) a degree-granting Tribal College or University (as
defined in section 316(b)(3) of the Higher Education Act of
1965) at which--
(i) the highest degree awarded is an associate degree; or
(ii) an associate degree is the most frequently awarded
degree; or
(D) a branch campus of a 4-year public institution of
higher education (as defined in section 101 of the Higher
Education Act of 1965), if, at such branch campus--
(i) the highest degree awarded is an associate degree; or
(ii) an associate degree is the most frequently awarded
degree.
(2) Eligible institution.--The term ``eligible
institution'' means a community college, a postsecondary
vocational institution (as defined in section 102(c) of the
Higher Education Act of 1965), or a consortium of such
colleges or institutions, that is working directly with an
industry or sector partnership, or in the process of
establishing such partnership, to carry out a grant under
this section.
(3) Perkins cte definitions.--The terms ``career guidance
and academic counseling'', ``dual or concurrent enrollment
program'', ``evidence-based'', and ``work-based learning''
have the meanings given the terms in paragraphs (7), (15),
(23), and (55), respectively, of section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006.
(4) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
program registered with the Office of Apprenticeship of the
Employment and Training Administration of the Department of
Labor or a State apprenticeship agency recognized by the
Office of Apprenticeship pursuant to the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) WIOA definitions.--
(A) In general.--The terms ``career pathway'', ``in-demand
industry sector or occupation'', ``individual with a barrier
to employment'', ``industry or sector partnership'',
``recognized postsecondary credential'', and ``supportive
services'' have the meanings given the terms in paragraphs
(7), (23), (24), (26), (52), and (59), respectively, of
section 3 of the Workforce Innovation and Opportunity Act.
(B) Career services.--The term ``career services'' means
services described in section 134(c)(2) of the Workforce
Innovation and Opportunity Act.
PART 3--COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION GRANT PROGRAM
SEC. 22201. COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION
GRANT PROGRAM.
(a) Appropriation.--In addition to amounts otherwise made
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, the following amounts, to remain
available through fiscal year 2029, for the Secretary of
Labor to award grants to covered States in accordance with
this section to assist employers in such States who were
issued special certificates under section 14(c) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 214(c)) (referred to
in this part as ``special certificates'') in transforming
their business and program models from providing employment
using special certificates to business and program models
that employ and support people with disabilities in
competitive integrated employment:
(1) $189,000,000 for subsection (d)(2)(B).
(2) $81,000,000 for subsection (d)(2)(C).
(b) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, a covered State shall submit an application to
the Secretary at such time, in such manner, and including
such information as the Secretary may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) a description of the status of the employers in the
covered State providing employment using special
certificates, including--
(i) the number of employers in the covered State using
special certificates to employ and pay people with
disabilities;
(ii) the number of employees in the covered State employed
under a special certificate;
(iii) the average number of hours such employees work per
week; and
(iv) the average hourly wage for such employees;
(B) a description of activities to be funded under the
grant, and the goals of such activities, including the
activities of the covered State with respect to competitive
integrated employment for people with disabilities; and
(C) assurances that--
(i) the activities carried out under the grant will result
in--
(I) each employer in the covered State that, on the date of
enactment of this Act, provides employment using special
certificates transforming its business and program models as
described in subsection (c)(1); and
[[Page H6389]]
(II) each employer in the covered State ceasing to use
special certificates by the end of the 5-year grant period
and no longer applying for or renewing such certificates;
(ii) each individual in the covered State who is employed
under a special certificate will, as a result of such a
transformation, be employed in competitive integrated
employment or a combination of competitive integrated
employment and integrated services, including by compensating
all employees of the employer for all hours worked at a rate
that is--
(I) not less than the higher of--
(aa) the rate specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1));
(bb) the rate specified in an applicable State or local
minimum wage law; or
(cc) in the case of work on a contract that is subject to
chapter 67 of title 41, United States Code, the applicable
prevailing wage rate under such chapter; and
(II) not less than the rate paid by the employer for the
same or similar work performed by other employees who are not
people with disabilities, and who are similarly situated in
similar occupations by the same employer and who have similar
training, experience, and skills; and
(iii) the covered State will establish an advisory council
to monitor and guide the process of transforming business and
program models of employers in the covered State as described
in subsection (c)(1).
(c) Use of Funds.--A covered State receiving a grant under
this section shall use the grant funds for each of the
following activities:
(1) Identifying each employer in the State that will
transform its business and program models from employing
people with disabilities using special certificates to
employing people with disabilities in competitive integrated
employment settings, or a setting involving a combination of
competitive integrated employment and integrated services.
(2) Implementing a service delivery infrastructure to
support people with disabilities who have been employed under
special certificates through such a transformation, including
providing enhanced integrated services to support people with
the most significant disabilities.
(3) Expanding competitive integrated employment and
integrated services to be provided to such people as a result
of transformations described in paragraph (1).
(d) Allotments.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall--
(A) determine the number of covered States; and
(B)(i) in a case in which the Secretary determines that
there are 15 or more covered States, award each covered State
a grant under paragraph (2); or
(ii) in a case in which the Secretary determines that there
are 14 or fewer covered States, award each covered State a
grant under paragraph (3) for the first 5-year grant period
under such paragraph.
(2) 15 or more covered states.--
(A) In general.--In a case in which the Secretary
determines under paragraph (1) that there are 15 or more
covered States, from the funds appropriated under subsection
(a), the Secretary shall allot to each covered State a grant
under this section in an amount equal to the sum of--
(i) the allotment made to the covered State in accordance
with subparagraph (B); and
(ii) the allotment made to the covered State in accordance
with subparagraph (C).
(B) Allotment based on the number of employees employed
under special certificates.--From the total amount of the
funds appropriated under subsection (a)(1), the Secretary
shall allot to each covered State an amount that bears the
same relationship to such total amount as the number of
people with disabilities who are employed under a special
certificate in the covered State bears to the total number of
people with disabilities who are employed under a special
certificate in all covered States.
(C) Allotment based on the number of employers with special
certificates.--From the total amount of the funds
appropriated under subsection (a)(2), the Secretary shall
allot to each covered State an amount that bears the same
relationship to such total amount as the number of employers
in the covered State who have in effect a special certificate
bears to the total number of employers in all covered States
who have in effect such a certificate.
(D) Data.--In determining the number of people with
disabilities who are employed under a special certificate for
purposes of subparagraph (B) and the number of employers who
have in effect a special certificate for purposes of
subparagraph (C), the Secretary shall use the most accurate
data available to the Secretary on the date of enactment of
this Act.
(E) Grant period.--A grant under this paragraph shall be
awarded for a period of 5 years.
(3) 14 or fewer covered states.--
(A) In general.--In a case in which the Secretary
determines under paragraph (1) that there are 14 or fewer
covered States, from the funds appropriated under subsection
(a), the Secretary shall award a grant to each covered State
in an amount that the Secretary determines necessary for the
covered State to accomplish the purpose of the grant
described in such subsection and for the Secretary to meet
the requirements of this paragraph.
(B) Grant periods.--
(i) In general.--The Secretary shall award grants under
this paragraph for 2 separate, 5-year grant periods.
(ii) Second 5-year grant period.--Grants for the second 5-
year grant period shall be awarded--
(I) not earlier than the end of the second year of the
first 5-year grant period described in paragraph (1)(B)(ii);
and
(II) not later than September 30, 2025.
(C) Limit on number of grants.--No State may receive more
than 1 grant under this paragraph.
(e) Definition of Covered State.--In this section, the term
``covered State'' means a State (as defined in section 3 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 203)) that--
(1) as of the date of enactment of this Act, has not phased
out, or is not in the process of phasing out, the use of
special certificates in the State; and
(2) submits an application under subsection (b) that meets
the requirements under such subsection.
SEC. 22202. GRANTS FOR STATES TO EXPAND COMPETITIVE
INTEGRATED EMPLOYMENT.
(a) Appropriation.--In addition to amounts otherwise made
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $24,000,000, to remain available
through fiscal year 2029, for the Secretary of Labor to award
grants to covered States in accordance with this section to
assist employers in such States who were issued special
certificates in continuing to transform their business and
program models from providing employment using special
certificates to business and program models that employ and
support people with disabilities in competitive integrated
employment.
(b) Applications.--To be eligible to receive a grant under
this section, a covered State shall submit an application to
the Secretary at such time, in such manner, and include such
information as the Secretary may reasonably require,
including a description of activities to be funded under the
grant and the activities of the covered State with respect to
competitive integrated employment for people with
disabilities.
(c) Use of Funds.--A covered State that receives a grant
under this section shall use the grant funds for activities
to expand competitive integrated employment and integrated
services to be provided to people with disabilities.
(d) Grant Award.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall award each
covered State a grant in an amount that bears the same
relationship to the total amount appropriated under
subsection (a) as the population of the covered State bears
to the total population of all covered States.
(e) Grant Period.--A grant under this section shall be
awarded for a period of 5 years.
(f) Definition of Covered State.--In this section, the term
``covered State'' means a State (as defined in section 3 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 203)) that--
(1) as of the date of enactment of this Act, has phased
out, or is the process of phasing out, the use of special
certificates in the State; and
(2) submits an application under subsection (b) that meets
the requirements under such subsection.
SEC. 22203. TECHNICAL ASSISTANCE.
In addition to amounts otherwise made available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$6,000,000, to remain available through fiscal year 2029, for
the Secretary to, in partnership with the Office of Special
Education and Rehabilitative Services of the Department of
Education, establish, either directly or through grants,
contracts, or cooperative agreements, a national technical
assistance center to--
(1) provide technical assistance to employers who are
transforming from employing people with disabilities using
special certificates to employing people with disabilities in
competitive integrated employment settings; and
(2) collect and disseminate information on evidence-based
practices for such transformations and for providing
competitive integrated employment and integrated services.
SEC. 22204. SUPPLEMENT AND NOT SUPPLANT.
Any funds made available to a State under this part shall
be used to supplement and not supplant any Federal, State, or
local public funds expended--
(1) to assist employers in such State who were issued a
special certificate in transforming (or continuing to
transform) their business and program models from providing
employment using special certificates to business and program
models that employ and support people with disabilities in
competitive integrated employment; or
(2) to support the employment of people with disabilities
in competitive integrated employment.
SEC. 22205. DEFINITIONS.
In this part:
(1) Competitive integrated employment.--The term
``competitive integrated employment'' has the meaning given
such term in section 7(5) of the Rehabilitation Act of 1973
(29 U.S.C. 705(5)).
(2) Employee; employer.--The terms ``employee'' and
``employer'' have the meanings given such terms in section 3
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(3) Integrated services.--The term ``integrated services''
means services for people with disabilities that are--
(A) designed to assist such people in developing skills and
abilities to reside successfully in home and community-based
settings;
(B) provided in accordance with a person-centered written
plan of care;
(C) created using evidence-based practices that lead to
such people--
(i) maintaining competitive integrated employment;
(ii) achieving independent living; or
(iii) maximizing socioeconomic self-sufficiency, optimal
independence, and full participation in the community;
[[Page H6390]]
(D) provided in a community location that is not
specifically intended for people with disabilities;
(E) provided in a location that--
(i) allows the people receiving the services to interact
with people without disabilities to the fullest extent
possible; and
(ii) makes it possible for the people receiving the
services to access community resources that are not
specifically intended for people with disabilities and to
have the same opportunity to participate in the community as
people who do not have a disability; and
(F) provided in multiple locations to allow the individual
receiving the services to have options, thereby--
(i) optimizing individual initiative, autonomy, and
independence; and
(ii) facilitating choice regarding services and supports,
and choice regarding the provider of such services.
(4) People with disabilities.--The term ``people with
disabilities'' includes individuals described in section
14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
214(c)(1)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
PART 4--RECRUITMENT, EDUCATION AND TRAINING, RETENTION, AND CAREER
ADVANCEMENTS FOR THE DIRECT CARE WORKFORCE
SEC. 22301. DEFINITIONS.
In this part:
(1) CTE definitions.--The terms ``area career and technical
education school'', ``evidence-based'', and ``work-based
learning'' have the meanings given such terms in paragraphs
(3), (23), and (55), respectively, of section 3 of the Carl
D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302).
(2) WIOA definitions.--The terms ``career pathway'',
``career planning'', ``individual with a barrier to
employment'', ``local board'', ``older individual'', ``on-
the-job training'', ``recognized postsecondary credential'',
and ``State board'' have the meanings given such terms
paragraphs (7), (8), (24), (33), (39), (44), (52), and (57),
respectively, of section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(3) Other definitions.--
(A) Direct support worker.--The term ``direct support
worker'' means--
(i) a direct support professional;
(ii) a worker providing direct care services, which may
include palliative care, in a home or community-based
setting;
(iii) a respite care provider who provides short-term
support and care to an individual in order to provide relief
to a family caregiver;
(iv) a direct care worker, as defined in section 799B of
the Public Health Service Act (42 U.S.C. 295p); or
(v) an individual in any other position or job related to
those described in clauses (i) through (iv), as determined by
the Secretary in consultation with the Secretary of Health
and Human Services acting through the Administrator for the
Administration for Community Living.
(B) Eligible entity.--The term ``eligible entity'' means an
entity that is--
(i) a State;
(ii) a labor organization or a joint labor-management
organization;
(iii) a nonprofit organization with experience in aging,
disability, supporting the rights and interests of direct
support workers, or training or educating direct support
workers;
(iv) an Indian Tribe or Tribal organization;
(v) an urban Indian organization;
(vi) a State board or local board;
(vii) an area agency on aging (as defined in section 102 of
the Older Americans Act of 1965 (42 U.S.C. 3002));
(viii) when in partnership with an entity described in any
of clauses (i) through (vii) or with a consortium described
in clause (ix)--
(I) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001) or section 102(a)(1)(B) of such Act (20 U.S.C.
1002(a)(1)(B))); or
(II) an area career and technical education school; or
(ix) a consortium of entities listed in any of clauses (i)
through (vii).
(C) Family caregiver.--The term ``family caregiver'' means
a paid or unpaid adult family member or other individual who
has a significant relationship with, and who provides a broad
range of assistance to, an individual with a chronic or other
health condition, disability, or functional limitation.
(D) Home and community-based services.--The term ``home and
community-based services'' has the meaning given such term in
section 9817(a)(2) of the American Rescue Plan Act of 2021
(Public Law 117-2).
(E) Person with a disability.--The term ``person with a
disability'' means an individual with a disability as defined
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102).
(F) Pre-apprenticeship program.--The term ``pre-
apprenticeship program'' means a program that articulates to
a registered apprenticeship program.
(G) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
program registered with the Office of Apprenticeship of the
Employment Training Administration of the Department of Labor
or a State apprenticeship agency recognized by the Office of
Apprenticeship pursuant to the Act of August 16, 1937
(commonly known as the ``National Apprenticeship Act''; 50
Stat. 664, chapter 663).
(H) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(I) State.--The term ``State'' means each of the 50 States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, Guam, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
SEC. 22302. GRANTS TO SUPPORT THE DIRECT CARE WORKFORCE.
(a) Grants Authorized.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,000,000,000, to remain available until
September 30, 2031, for awarding, on a competitive basis,
grants to eligible entities to carry out the activities
described in subsection (c) with respect to direct support
workers.
(b) Applications; Award Basis.--
(1) Applications.--
(A) In general.--An eligible entity seeking a grant under
subsection (a) shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary, in coordination with the Secretary of
Health and Human Services acting through the Administrator of
the Administration for Community Living, may require.
(B) Contents.--Each application under subparagraph (A)
shall include--
(i) a description of the type or types of direct support
workers the entity plans to serve through the activities
supported by the grant;
(ii) a description of the one or more eligible entities
collaborating to carry out the activities described in
subsection (c); and
(iii) an assurance that--
(I) the eligible entity will consult on the development and
implementation of the grant, with direct support workers,
their representatives, and recipients of direct care services
and their families; and
(II) the eligible entity will consult on the implementation
of the grant, or coordinate the activities of the grant, with
the agencies in the State that are responsible for
developmental disability services, aging, education,
workforce development, and Medicaid, to the extent that each
such entity is not the eligible entity.
(2) Duration of grants.--A grant awarded under this section
shall be for a period of 3 years, and may be renewed. The
Secretary, in coordination with the Secretary of Health and
Human Services acting through the Administrator of the
Administration for Community Living, shall award grants
(including any renewals) under this section in 3-year cycles
subject to the limits set forth in subsection (a).
(c) Use of Funds.--
(1) Required use of funds.--Each eligible entity receiving
a grant under subsection (a) shall use the grant funds to
provide competitive wages, benefits, and other supportive
services, including transportation, child care, dependent
care, workplace accommodations, and workplace health and
safety protections, to the direct support workers served by
the grant that are necessary to enable such workers to
participate in the activities supported by the grant.
(2) Additional activities.--In addition to the requirement
described in paragraph (1), each eligible entity receiving a
grant under subsection (a) shall use the grant funds for one
or more of the following activities:
(A) Developing and implementing a strategy for the
recruitment of direct support workers.
(B) Developing and implementing a strategy for the
retention of direct support workers using evidence-based best
practices, such as providing mentoring to such workers,
including a strategy that can also support family caregivers.
(C) Developing or implementing an education and training
program for the direct support workers served by the grant,
which shall include--
(i) education and training on--
(I) the rights of direct support workers under applicable
Federal, State, or local employment law on--
(aa) wages and hours, including under sections 3, 6, 7, 12,
and 13 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203, 206, 207, 212, 213);
(bb) safe working conditions, including under section 5 of
the Occupational Safety and Health Act of 1970 (29 U.S.C.
654); and
(cc) forming, joining, or assisting a labor organization,
including under sections 7 and 8 of the National Labor
Relations Act (29 U.S.C. 157, 158); and
(II) relevant Federal and State laws (including
regulations) on the provision of home and community-based
services; and
(ii) providing a progressively increasing, clearly defined
schedule of hourly wages to be paid to each direct support
worker served by the grant for each hour the worker spends on
education or training provided through the program described
in this subparagraph, with a schedule of hourly wages that--
(I) is consistent with measurable skill gains or attainment
of a recognized postsecondary credential received as a result
of participation in or completion of such education or
training program; and
(II) ensures that each such worker is compensated for each
hour the worker spends on education or training through such
program at an entry rate that is not less than the greater of
the applicable minimum wage required by other applicable
Federal, State, or local law, or a collective bargaining
agreement;
(iii) developing and implementing a strategy for the
retention and career advancement of the direct support
workers served by the grant, including providing career
planning for the direct support workers served by the grant
to support the identification of advancement opportunities,
and career pathways in the direct care or home care sectors;
and
(iv) using evidence-based models and standards for
achievement for the attainment of any associated recognized
postsecondary credentials, which include--
(I) supporting opportunities to participate in pre-
apprenticeship or registered apprenticeship programs, work-
based learning, or on-the-job training;
(II) providing on-the-job supervision or mentoring to
support the development of related
[[Page H6391]]
skills and competencies throughout completion of such
credentials; and
(III) training on the in-demand skills and competencies of
direct support workers served by the grant, including the
provision of culturally competent and disability competent
supports and services.
(d) Supplement and Not Supplant.--An eligible entity
receiving a grant under this section shall use such grant
only to supplement, and not supplant, the amount of funds
that, in the absence of such grant, would be available to the
eligible entity to address the recruitment, education and
training, retention, or career advancement of direct support
workers in the State served by the grant.
PART 5--DEPARTMENT OF LABOR INSPECTOR GENERAL AND PROGRAM
ADMINISTRATION FUNDING
SEC. 22401. DEPARTMENT OF LABOR INSPECTOR GENERAL.
In addition to amounts otherwise available, there is
appropriated to the Office of Inspector General of the
Department of Labor for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $40,000,000, to
remain available until expended, for salaries and expenses
necessary for oversight, investigations, and audits of
programs, grants, and projects of the Department of Labor
funded under this subtitle and subtitle B of this title.
SEC. 22402. PROGRAM ADMINISTRATION.
In addition to amounts otherwise available, there is
appropriated to the Department of Labor for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$90,000,000, to remain available until September 30, 2029,
for program administration within the Department of Labor for
salaries and expenses necessary to implement part 1 (other
than section 22007), and parts 3 and 4, of this subtitle.
Subtitle D--Child Care and Universal Pre-kindergarten
SEC. 23001. BIRTH THROUGH FIVE CHILD CARE AND EARLY LEARNING
ENTITLEMENT.
(a) Child Care Definitions.--The definitions in section
658P of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858n) shall apply to this section, except as
provided in subsection (b) and as otherwise specified.
(b) Additional Definitions.--In this section:
(1) Child care certificate.--
(A) In general.--The term ``child care certificate'' means
a certificate (that may be a check or other disbursement)
that is issued by a State, Tribal, territorial, or local
government under this section directly to a parent who shall
use such certificate only as payment for child care services
or as a deposit for child care services if such a deposit is
required of other children being cared for by the provider.
(B) Rule.--Nothing in this section shall preclude the use
of such certificates for sectarian child care services if
freely chosen by the parent. For the purposes of this
section, child care certificates shall be considered Federal
financial assistance to the provider.
(2) Child experiencing homelessness.--The term ``child
experiencing homelessness'' means an individual who is a
homeless child or youth under section 725 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a).
(3) Eligible activity.--The term ``eligible activity'',
with respect to a parent, shall include, at minimum,
activities consisting of--
(A) full-time or part-time employment;
(B) self-employment;
(C) job search activities;
(D) job training;
(E) secondary, postsecondary, or adult education, including
education through a program of high school classes, a course
of study at an institution of higher education, classes
towards an equivalent of a high school diploma recognized by
State law, or English as a second language classes;
(F) health treatment (including mental health and substance
use treatment) for a condition that prevents the parent from
participating in other eligible activities;
(G) activities to prevent child abuse and neglect, or
family violence prevention or intervention activities;
(H) employment and training activities under the
supplemental nutrition assistance program established under
section 6(d)(4) the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4));
(I) employment and training activities under the Workforce
Innovation and Opportunity Act;
(J) a work activity described in subsection (d) of section
407 of the Social Security Act (42 U.S.C. 607) for which,
consistent with clauses (ii) and (iii) of section
402(a)(1)(A) of such Act (42 U.S.C. 602(a)(1)(A)), a parent
or caretaker is treated as being engaged in work for a month
in a fiscal year for purposes of the program of block grants
to States for temporary assistance for needy families
established under part A of title IV of the Social Security
Act; and
(K) taking leave under the Family and Medical Leave Act of
1993 (or equivalent provisions for Federal employees), a
State or local paid or unpaid leave law, or a program of
employer-provided leave.
(4) Eligible child.--
(A) In general.--The term ``eligible child'' means an
individual, subject to subsection (g)(1)(C)(i)(III)--
(i) who is less than 6 years of age;
(ii) who is not yet in kindergarten;
(iii) whose family income--
(I) does not exceed 100 percent of the State median income
for a family of the same size for fiscal year 2022;
(II) does not exceed 125 percent of such State median
income for fiscal year 2023;
(III) does not exceed 150 percent of such State median
income for fiscal year 2024; and
(IV) does not exceed 250 percent of such State median
income for each of the fiscal years 2025 through 2027; and
(iv) who--
(I) resides with a parent or parents who are participating
in an eligible activity;
(II) is included in a population of vulnerable children
identified by the lead agency involved, which at a minimum
shall include children with disabilities, infants and
toddlers with disabilities, children experiencing
homelessness, children in foster care, children in kinship
care, and children who are receiving, or need to receive,
child protective services; or
(III) resides with a parent who is more than 65 years of
age.
(B) Expanded eligibility rule for fiscal years 2022 through
2024.--
(i) In general.--A child who is eligible to receive
services under this subparagraph shall be treated as an
eligible child for the other provisions of this section.
(ii) Rule.--Notwithstanding subparagraph (A)(iii), a State
may use the payments under subsection (g)(1) for fiscal year
2022, 2023, or 2024, to provide direct child care services
described in subsection (h)(1)(A) to children who meet the
requirements of clauses (i), (ii), and (iv) of subparagraph
(A) and whose family income exceeds the percentage specified
in subparagraph (A)(iii) (but does not exceed 250 percent) of
State median income for a family of the same size for a given
fiscal year, if the State has appropriately prioritized,
subject to approval by the Secretary, assistance for such
services based on family income.
(iii) Variation in cost of living.--In determining
eligibility under this subparagraph, the State may take into
consideration geographic variation in the cost of living
among regions of the State and expand eligibility for
children described in clause (ii) in a region of the State
based on such variation, subject to approval by the
Secretary.
(5) Eligible child care provider.--
(A) In general.--The term ``eligible child care provider''
means a center-based child care provider, a family child care
provider, or other provider of child care services for
compensation that--
(i) is licensed to provide child care services under State
law or, in the case of an Indian Tribe or Tribal
organization, meets the rules set by the Secretary;
(ii) participates in the State's tiered system for
measuring the quality of eligible child care providers
described in subsection (f)(4)(B), or, in the case of an
Indian Tribe or Tribal organization, meets the rules set by
the Secretary--
(I) not later than the last day of the third fiscal year
for which the State receives funds under this section; and
(II) for the remainder of the period for which the provider
receives funds under this section; and
(iii) satisfies the State and local requirements applicable
to eligible child care providers under the Child Care and
Development Block Grant Act of 1990, including those
requirements described in section 658E(c)(2)(I) of such Act
(42 U.S.C. 9858c(c)(2)(I)).
(B) Special rule.--A child care provider who is eligible to
provide child care services in a State for children receiving
assistance under the Child Care and Development Block Grant
Act of 1990 on the date the State submits an application for
funds under this section, and remains in compliance with any
licensing or registration standards, or regulations, of the
State, shall be deemed to be an eligible child care provider
under this section for 3.5 years after the State first
receives funding under this section.
(6) FMAP.--The term ``FMAP'' has the meaning given the term
``Federal medical assistance percentage'' in the first
sentence of section 1905(b) of the Social Security Act (42
U.S.C. 1396d(b)).
(7) Family child care provider.--The term ``family child
care provider'' means one or more individuals who provide
child care services, in a private residence other than the
residences of the children involved, for less than 24 hours
per day per child, or for 24 hours per day per child due to
the nature of the work of the parent involved.
(8) Inclusive care.--The term ``inclusive'', with respect
to care (including child care), means care provided by an
eligible child care provider--
(A) for whom the percentage of children served by the
provider who are children with disabilities or infants or
toddlers with disabilities reflects the prevalence of
children with disabilities and infants and toddlers with
disabilities (whichever the provider serves) among children
within the State involved; and
(B) that provides care and full participation for children
with disabilities and infants and toddlers with disabilities
(whichever the provider serves) alongside children who are--
(i) not children with disabilities; and
(ii) not infants and toddlers with disabilities.
(9) Infant or toddler.--The term ``infant or toddler''
means an individual who is less than 3 years of age.
(10) Infant or toddler with a disability.--The term
``infant or toddler with a disability'' has the meaning given
the term in section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
(11) Lead agency.--The term ``lead agency'' means the
agency designated under subsection (e).
(12) State.--The term ``State'' means any of the 50 States
and the District of Columbia.
(13) Territory.--The term ``territory'' means the
Commonwealth of Puerto Rico, the Virgin Islands of the United
States, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(c) Appropriations.--
(1) States.--
(A) State appropriations.--In addition to amounts otherwise
available, there is appropriated to the Department of Health
and Human
[[Page H6392]]
Services for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(i)(I) $11,460,000,000, to remain available until September
30, 2027, for States and the Commonwealth of Puerto Rico, to
carry out the activities described in subsection (h)(1)(A) in
fiscal year 2022;
(II) $5,730,000,000, to remain available until September
30, 2027, for States and the Commonwealth of Puerto Rico, to
carry out the activities described in subsection (h)(1)(B) in
fiscal year 2022;
(III) $4,125,600,000, to remain available until September
30, 2027, for States and the Commonwealth of Puerto Rico, to
carry out the activities described in subparagraph (A) or (B)
of subsection (h)(1), as determined by the State or
Commonwealth, in fiscal year 2022; and
(IV) $1,604,400,000, to remain available until September
30, 2027, for States and the Commonwealth of Puerto Rico, to
carry out the activities described in subparagraph (A), (B),
or (C) of subsection (h)(1), as determined by the State or
Commonwealth, in fiscal year 2022;
(ii)(I) $16,235,000,000, to remain available until
September 30, 2027, for States and the Commonwealth of Puerto
Rico, to carry out the activities described in subsection
(h)(1)(A) in fiscal year 2023;
(II) $8,117,500,000, to remain available until September
30, 2027, for States and the Commonwealth of Puerto Rico, to
carry out the activities described in subsection (h)(1)(B) in
fiscal year 2023;
(III) $5,844,600,000, to remain available until September
30, 2027, for States and the Commonwealth of Puerto Rico, to
carry out the activities described in subparagraph (A) or (B)
of subsection (h)(1), as determined by the State or
Commonwealth, in fiscal year 2023; and
(IV) $2,272,900,000, to remain available until September
30, 2027, for States and the Commonwealth of Puerto Rico, to
carry out the activities described in subparagraph (A), (B),
or (C) of subsection (h)(1), as determined by the State or
Commonwealth, in fiscal year 2023; and
(iii)(I) $20,055,000,000, to remain available until
September 30, 2027, for States and the Commonwealth of Puerto
Rico, to carry out the activities described in subsection
(h)(1)(A) in fiscal year 2024;
(II) $10,027,500,000, to remain available until September
30, 2027, for States and the Commonwealth of Puerto Rico, to
carry out the activities described in subsection (h)(1)(B) in
fiscal year 2024;
(III) $7,219,800,000, to remain available until September
30, 2027, for States and the Commonwealth of Puerto Rico, to
carry out the activities described in subparagraph (A) or (B)
of subsection (h)(1), as determined by the State or
Commonwealth, in fiscal year 2024; and
(IV) $2,807,700,000, to remain available until September
30, 2027, for States and the Commonwealth of Puerto Rico, to
carry out the activities described in subparagraph (A), (B),
or (C) of subsection (h)(1), as determined by the State or
Commonwealth, in fiscal year 2024.
(B) State entitlement.--In addition to amounts otherwise
available, there is appropriated to the Department of Health
and Human Services, out of any money in the Treasury not
otherwise appropriated, such sums as may be necessary for
each of fiscal years 2025 through 2027, for payments to
States, for carrying out this section (other than carrying
out activities described in paragraph (4), (5), or (6)).
(2) Indian tribes and tribal organizations.--
(A) Indian tribe and tribal organization appropriations.--
In addition to amounts otherwise available, there is
appropriated to the Department of Health and Human Services
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, for grants to Indian Tribes and
Tribal organizations for the purpose of carrying out the
child care program described in this section (other than
carrying out activities described in paragraph (4), (5), or
(6)), consistent, to the extent practicable as determined by
the Secretary, with the requirements applicable to States--
(i) $960,000,000, to remain available until September 30,
2027, to carry out the child care program in fiscal year
2022;
(ii) $1,360,000,000, to remain available until September
30, 2027, to carry out the child care program in fiscal year
2023; and
(iii) $1,680,000,000 to remain available until September
30, 2027, to carry out the child care program in fiscal year
2024.
(B) Indian tribe and tribal organization entitlement.--In
addition to amounts otherwise available, there is
appropriated to the Department of Health and Human Services,
out of any money in the Treasury not otherwise appropriated,
such sums as may be necessary for each of fiscal years 2025
through 2027, for payments to Indian Tribes and Tribal
organizations, for the purpose of carrying out the child care
program described in this section (other than carrying out
activities described in paragraph (4), (5), or (6)),
consistent, to the extent practicable as determined by the
Secretary, with the requirements applicable to States.
(3) Territories.--
(A) Territory appropriations.--In addition to amounts
otherwise available, there is appropriated to the Department
of Health and Human Services for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, for grants
to Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and the United States Virgin Islands for the
purpose of carrying out the child care program described in
this section (other than carrying out activities described in
paragraph (4), (5), or (6)), consistent, to the extent
practicable as determined by the Secretary, with the
requirements applicable to States--
(i) $120,000,000, to remain available until September 30,
2027, to carry out the child care program in fiscal year
2022;
(ii) $170,000,000, to remain available until September 30,
2027, to carry out the child care program in fiscal year
2023; and
(iii) $210,000,000, to remain available until September 30,
2027, to carry out the child care program in fiscal year
2024.
(B) Territory entitlement.--In addition to amounts
otherwise available, there is appropriated to the Department
of Health and Human Services, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary for each of fiscal years 2025 through 2027, for
payments to territories, for the purpose of carrying out the
child care program described in this section (other than
carrying out activities described in paragraph (4), (5), or
(6)), consistent, to the extent practicable as determined by
the Secretary, with the requirements applicable to States.
(4) Grants to localities.--In addition to amounts otherwise
available, there is appropriated to the Department of Health
and Human Services for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated--
(A) $950,000,000, to remain available until September 30,
2027, to carry out the program of grants to localities
described in subsection (i)(2) in fiscal year 2023;
(B) $950,000,000, to remain available until September 30,
2027, to carry out the program of grants to localities
described in subsection (i)(2) in fiscal year 2024;
(C) $950,000,000, to remain available until September 30,
2027, to carry out the program of grants to localities
described in subsection (i)(2) in fiscal year 2025;
(D) $950,000,000, to remain available until September 30,
2027, to carry out the program of grants to localities
described in subsection (i)(2) in fiscal year 2026; and
(E) $950,000,000, to remain available until September 30,
2027, to carry out the program of grants to localities
described in subsection (i)(2) in fiscal year 2027.
(5) Head start expansion in nonparticipating states.--In
addition to amounts otherwise available, there is
appropriated to the Department of Health and Human Services
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated--
(A) $2,850,000,000, to remain available until September 30,
2027, to carry out the program of awards to Head Start
agencies described in subsection (i)(3) in fiscal year 2023;
(B) $2,850,000,000, to remain available until September 30,
2027, to carry out the program of awards to Head Start
agencies described in subsection (i)(3) in fiscal year 2024;
(C) $2,850,000,000, to remain available until September 30,
2027, to carry out the program of awards to Head Start
agencies described in subsection (i)(3) in fiscal year 2025;
(D) $2,850,000,000, to remain available until September 30,
2027, to carry out the program of awards to Head Start
agencies described in subsection (i)(3) in fiscal year 2026;
and
(E) $2,850,000,000, to remain available until September 30,
2027, to carry out the program of awards to Head Start
agencies described in subsection (i)(3) in fiscal year 2027.
(6) Federal administration.--
(A) Fiscal years 2022 through 2025.--In addition to amounts
otherwise available, there is appropriated to the Department
of Health and Human Services for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated--
(i) $130,000,000, to remain available until September 30,
2027, to carry out subsections (k) and (l) in fiscal year
2022;
(ii) $130,000,000, to remain available until September 30,
2027, to carry out subsections (k) and (l) in fiscal year
2023;
(iii) $130,000,000, to remain available until September 30,
2027, to carry out subsections (k) and (l) in fiscal year
2024; and
(iv) $130,000,000, to remain available until September 30,
2027, to carry out subsections (k) and (l) in fiscal year
2025.
(B) Fiscal years 2026 through 2027.--In addition to amounts
otherwise available, there is appropriated to the Department
of Health and Human Services, out of any money in the
Treasury not otherwise appropriated, for each of fiscal years
2026 and 2027, an amount equal to 1.06 percent of the prior
year's appropriation under paragraph (1)(B), to carry out
subsections (k) and (l).
(d) Establishment of Birth Through Five Child Care and
Early Learning Entitlement Program.--
(1) In general.--The Secretary is authorized to administer
a child care and early learning entitlement program under
which an eligible child, in a State, territory, or Indian
Tribe, or served by a Tribal organization, with an approved
application under subsection (f) or (g), shall be provided an
opportunity to obtain high-quality child care services,
subject to the requirements of this section.
(2) Assistance for every eligible child.--Beginning on
October 1, 2024, every child who applies for assistance under
this section, who is in a State with an approved application
under subsection (g), or in a territory or Indian Tribe or
served by a Tribal organization with an approved application
under subsection (f), and who is determined, by a lead agency
(or other entity designated by a lead agency) for the State,
territory, Indian Tribe, or Tribal organization involved,
following standards and procedures established by the
Secretary by rule, to be an eligible child, shall be offered
assistance for direct child care services in accordance with
and subject to the requirements and limitations of this
section.
(e) Lead Agency.--The Governor of a State or the head of a
territory or Indian Tribe, desiring for the State, territory,
or Indian tribe or a related tribal organization to receive a
payment under this section, shall designate a lead agency
[[Page H6393]]
(such as a State agency or joint interagency office) to
administer the child care program carried out under this
section.
(f) Applications and State Plans.--
(1) Application.--To be eligible to receive assistance
under this section, a State shall prepare and submit to the
Secretary for approval an application containing a State plan
that--
(A) for a transitional State plan, meets the requirements
under paragraph (3) and contains such information as the
Secretary may require, to demonstrate the State will meet the
requirements of this section; and
(B) for a full State plan, meets the requirements under
paragraph (4) and contains that information.
(2) Period covered by plan.--A State plan contained in the
application shall be designed to be implemented--
(A) for a transitional State plan, during a period of not
more than 3 years; and
(B) for a full State plan, during a period of not more than
3 years.
(3) Requirements for transitional state plans.--For a
period of not more than 3 years following the date of
enactment of this Act, the Secretary shall award funds under
this section to States with an approved application that
contains a transitional State plan, submitted under paragraph
(1)(A) at such time, in such manner, and containing such
information as the Secretary shall require, including, at a
minimum--
(A) an assurance that the State will submit a State plan
under paragraph (4); and
(B) a description of how the funds received by the State
under this section will be spent to expand access to
assistance for direct child care services and increase the
supply and quality of child care providers within the State,
in alignment with the requirements of this section.
(4) Requirements for full state plans.--The Secretary shall
award funds under this section to States with an approved
application that contains a full State plan, submitted under
paragraph (1)(B), at such time, in such manner, and
containing such information as the Secretary shall by rule
require, including, at a minimum, the following:
(A) Payment rates and cost estimation.--
(i) Payment rates.--The State plan shall certify that
payment rates for the provision of direct child care services
for which assistance is provided in accordance with this
section for the period covered by the plan, within 3 years
after the State first receives funds under this section--
(I) will be sufficient to meet the cost of child care, and
set in accordance with a cost estimation model or cost study
described in clause (ii) that is approved by the Secretary;
and
(II) will correspond to differences in quality (including
improved quality) based on the State's tiered system for
measuring the quality of eligible child care providers
described in subparagraph (B).
(ii) Cost estimation.--Such State plan shall--
(I) demonstrate that the State has, after consulting with
relevant entities and stakeholders, developed and uses a
statistically valid and reliable cost estimation model or
cost study for the payment rates for direct child care
services in the State that reflect rates for providers at
each of the tiers of the State's tiered system for measuring
the quality of eligible child care providers described in
subparagraph (B), and variations in the cost of direct child
care services by geographic area, type of provider, and age
of child, and the additional costs associated with providing
inclusive care;
(II) certify that the State's payment rates for direct
child care services for which assistance is provided in
accordance with this section--
(aa) are set in accordance with the most recent estimates
from the most recent cost estimation model or cost study
under subclause (I), so that providers at each tier of the
tiered system for measuring provider quality described in
subparagraph (B) receive a payment that is sufficient to meet
the requirements of such tier;
(bb) are set so as to provide payments to providers not at
the top tier of the tiered system that are sufficient to
enable the providers to increase quality to meet the
requirements for the next tier;
(cc) ensure adequate wages for staff of child care
providers providing such direct child care services that--
(AA) at a minimum, provide a living wage for all staff of
such child care providers; and
(BB) are equivalent to wages for elementary educators with
similar credentials and experience in the State; and
(dd) are adjusted on an annual basis for cost of living
increases to ensure those payment rates remain sufficient to
meet the requirements of this section; and
(III) certify that the State will update, not less often
than once every 3 years, the cost estimation model or cost
study described in subclause (I).
(iii) Payment practices.--Such State plan shall include an
assurance that the State will implement payment practices
that support the fixed costs of providing direct child care
services.
(B) Tiered system for measuring the quality of eligible
child care providers.--Such State plan shall certify that the
State has implemented, or assure that the State will
implement within 3 years after first receiving funds under
this section, a tiered system for measuring the quality of
eligible child care providers who provide child care services
for which assistance is made available under this section.
Such tiered system shall--
(i) include a set of standards, for determining the tier of
quality of a child care provider, that--
(I) uses standards for a highest tier that at a minimum are
equivalent to Head Start program performance standards
described in section 641A(a)(1)(B) of the Head Start Act (42
U.S.C. 9836a(a)(1)(B)) or other equivalent evidence-based
standards approved by the Secretary; and
(II) includes quality indicators and thresholds that are
appropriate for child development in different types of child
care provider settings, including child care centers and the
settings of family child care providers, and are appropriate
for providers serving different age groups (including mixed
age groups) of children;
(ii) include a different set of standards that includes
indicators, when appropriate, for care during nontraditional
hours of operation; and
(iii) provide for sufficient resources and supports for
child care providers at tiers lower than the highest tier to
facilitate progression toward meeting higher quality
standards.
(C) Achieving high quality for all children.--Such State
plan shall certify the State has implemented, or will
implement within 3 years after first receiving funds under
this section, policies and financing practices that will
ensure all eligible children can choose to attend child care
at the highest quality tier within 6 years after the date of
enactment of this Act.
(D) Compensation.--Such plan shall provide a certification
that the State has or will have within 3 years after first
receiving funds under this section, a wage ladder for staff
of eligible child care providers receiving assistance under
this section, including a certification that wages for such
staff, at a minimum, will meet the requirements of
subparagraph (A)(ii)(II)(cc).
(E) Sliding fee scale for copayments.--
(i) In general.--Except as provided in clause (ii)(I), the
State plan shall provide an assurance that the State will for
the period covered by the plan use a sliding fee scale
described in clause (ii) to determine a copayment for a
family receiving assistance under this section (or, for a
family receiving part-time care, a reduced copayment that is
the proportionate amount of the full copayment).
(ii) Sliding fee scale.--A full copayment described in
clause (i) shall use a sliding fee scale that provides that,
for a family with a family income--
(I) of not more than 75 percent of State median income for
a family of the same size, the family shall not pay a
copayment, toward the cost of the child care involved for all
eligible children in the family;
(II) of more than 75 percent but not more than 100 percent
of State median income for a family of the same size, the
copayment shall be more than 0 but not more than 2 percent of
that family income, toward such cost for all such children;
(III) of more than 100 percent but not more than 125
percent of State median income for a family of the same size,
the copayment shall be more than 2 but not more than 4
percent of that family income, toward such cost for all such
children;
(IV) of more than 125 percent but not more than 150 percent
of State median income for a family of the same size, the
copayment shall be more than 4 but not more than 7 percent of
that family income, toward such cost for all such children;
and
(V) of more than 150 percent but not more than 250 percent
of the State median income for a family of the same size, the
copayment shall be 7 percent of that family income, toward
such cost for all such children.
(F) Prohibition on charging more than copayment.--The State
plan shall certify that the State will not permit a child
care provider receiving financial assistance under this
section to charge, for child care for an eligible child, more
than the total of--
(i) the financial assistance provided for the child under
this section; and
(ii) any applicable copayment pursuant to subparagraph (E).
(G) Eligibility.--The State plan shall assure that each
child who receives assistance under this section will be
considered to meet all eligibility requirements for such
assistance, and will receive such assistance, for not less
than 12 months unless the child has aged out of the program,
and the child's eligibility determination and
redetermination, including any determination based on the
State's definition of eligible activities, shall be
implemented in a manner that supports child well-being and
reduces barriers to enrollment, including continuity of
services.
(H) Policies to support access to child care for
underserved populations.--The State plan shall demonstrate
that the State will prioritize increasing access to, and the
quality and the supply of, child care in the State for
underserved populations, including at a minimum, low-income
children, children in underserved areas, infants and
toddlers, children with disabilities and infants and toddlers
with disabilities, children who are dual language learners,
children experiencing homelessness, children in foster or
kinship care, children who receive care during nontraditional
hours, and vulnerable children as defined by the lead agency
pursuant to subsection (b)(4)(A)(iv)(II).
(I) Policies.--The State plan shall include a certification
that the State will apply, under this section, the policies
and procedures described in subparagraphs (A), (B), (I), (J),
(K)(i), (R), and (U) of section 658E(c)(2) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)), and the policies and procedures described in
section 658H of such Act (42 U.S.C. 9858f), to child care
services provided under this section.
(J) Licensing.--The State plan shall demonstrate that the
State has consulted or will consult with organizations
(including labor organizations) representing child care
directors, teachers, or other staff, early childhood
education and development experts, and families to develop,
within 2.5 years after first receiving funds under this
section, licensing standards
[[Page H6394]]
appropriate for child care providers and a pathway to such
licensure that is available to and appropriate for child care
providers in a variety of settings, that will offer providers
eligible under the Child Care and Development Block Grant Act
of 1990 a reasonable pathway to become eligible providers
under this section, and that will assure an adequate supply
of child care. Such plan shall describe the timeline the
State will use to ensure sufficient time for providers
described in subsection (b)(5)(B) to comply with such
licensing standards in order to remain eligible providers
after 3.5 years after the State first receives funding under
this section.
(g) Payments.--
(1) Payments for fiscal years 2022 through 2024.--
(A) Definitions.--For purposes of this paragraph--
(i) the term ``State'' means the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico; and
(ii) the term ``territory'' means Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the United
States Virgin Islands.
(B) Allotments.--For each of fiscal years 2022 through
2024, the Secretary shall, from the amount appropriated under
subsection (c)(1)(A) for such fiscal year, make allotments to
each State with an application approved under subsection (f)
in the same manner as the Secretary makes such allotments
using the formula under section 658O(b) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)).
(C) Payments.--
(i) Indian tribes and tribal organizations.--
(I) In general.--For each of fiscal years 2022 through
2024, from the amount appropriated for Indian Tribes and
Tribal organizations under subsection (c)(2)(A), the
Secretary shall make payments to Indian Tribes and Tribal
organizations with an application approved under subclause
(II), and the Tribes and Tribal organizations shall be
entitled to such payments for the purpose of carrying out the
child care program described in this section, consistent, to
the extent practicable as determined by the Secretary, with
the requirements applicable to States.
(II) Applications.--An Indian Tribe or Tribal organization
seeking a payment under this clause shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may specify,
including an agreement to provide reports under subsection
(j)(7).
(III) Special rule.--The Secretary shall determine
eligibility criteria for children from Indian tribes who are
less than 6 years of age and not yet in kindergarten, which
eligibility criteria shall not be more stringent than the
eligibility criteria under subsection (b)(4)(A).
(ii) Territories.--
(I) In general.--For each of fiscal years 2022 through
2024, from the amount appropriated for territories under
subsection (c)(3)(A), the Secretary shall make payments to
the territories with an application approved under subclause
(II), and the territories shall be entitled to such payments,
for the purpose of carrying out the child care program
described in this section, consistent, to the extent
practicable as determined by the Secretary, with the
requirements applicable to States.
(II) Applications.--A territory seeking a payment under
this clause shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may specify, including an agreement to provide
reports under subsection (j)(7).
(iii) States.--For each of fiscal years 2022 through 2024,
each State that has an application approved under subsection
(f) shall be entitled to a payment under this clause in the
amount equal to its allotment under subparagraph (B) for such
fiscal year.
(D) Authorities.--
(i) Fiscal years 2022 through 2024.--Notwithstanding any
other provision of this paragraph, for each of fiscal years
2022 through 2024, the Secretary shall have the authority--
(I) to reallot funds that were allotted under subparagraph
(B) from any State without an approved application under
subsection (f) by the date required by the Secretary, to
States with an approved application under that subsection;
and
(II) to reallot any amounts available for payments under
subparagraph (C) that the Secretary elected to allot for--
(aa) an Indian Tribe or Tribal organization without an
approved application under subparagraph (C)(i)(II) by the
date required by the Secretary, to Tribes or Tribal
organizations with such an approved application; and
(bb) any territory without an approved application under
subparagraph (C)(ii)(II) by the date required by the
Secretary, to territories with such an approved application.
(ii) Fiscal year 2025.--Notwithstanding any other provision
of this section, on October 1, 2024, the Secretary shall have
the authority to reallot funds from payments made under
subparagraph (C) that are unobligated on such date, to any
entity without such unobligated funds that is a State with an
approved application under subsection (f), an Indian Tribe or
Tribal organization with an approved application under
subparagraph (C)(i)(II), or a territory with an approved
application under subparagraph (C)(ii)(II), to carry out the
purposes of this section.
(2) Payments for fiscal years 2025 through 2027.--
(A) In general.--For each of fiscal years 2025 through
2027:
(i) Child care assistance for eligible children.--
(I) In general.--The Secretary shall pay to each State with
an approved application under subsection (f), and that State
shall be entitled to, an amount for each quarter equal to
95.440 percent of expenditures (which shall be the Federal
share of such expenditures) in the quarter for direct child
care services described under subsection (h)(2)(B) for
eligible children.
(II) Exception.--Funds reserved from the total under
subsection (h)(2)(C) shall be subject to clause (ii).
(III) Prohibition.--Activities described in clause (ii) and
clause (iii) may not be included in the cost of direct child
care services described in this clause.
(ii) Activities to improve the quality and supply of child
care services.--The Secretary shall pay to each State with
such an approved application, and that State shall be
entitled to, an amount equal to the product of 1.06045 and
the FMAP of expenditures (which product shall be the Federal
share of such expenditures) to carry out activities to
improve the quality and supply of child care services under
subsection (h)(2)(C) subject to the limit specified in clause
(i) of such subsection.
(iii) Administration.--The Secretary shall pay to each
State with such an approved application, and that State shall
be entitled to, an amount equal to 53.022 percent of
expenditures (which shall be the Federal share of such
expenditures) for the costs of administration incurred by the
State--
(I) which shall include costs incurred by the State in
carrying out the child care program established in this
section; and
(II) which may include, at the option of the State, costs
associated with carrying out requirements, policies, and
procedures described in section 658H of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858f).
(B) Advance payment; retrospective adjustment.--For each of
fiscal years 2025 through 2027, the Secretary shall make
payments under this paragraph for a period on the basis of
advance estimates of expenditures submitted by the State and
such other investigation as the Secretary may find necessary,
and shall reduce or increase the payments as necessary to
adjust for any overpayment or underpayment for previous
periods. No interest shall be charged or paid on any amount
due because of an overpayment or underpayment for previous
periods.
(C) Territories and tribes.--For each of fiscal years 2025
through 2027, from the amounts appropriated under paragraph
(2)(B) or (3)(B) of subsection (c) the Secretary shall make
payments to territories, and Indian Tribes and Tribal
organizations, as the case may be, with applications
submitted as described in paragraph (1), and approved by the
Secretary for the purpose of carrying out the child care
program described in this section, consistent, to the extent
practicable as determined by the Secretary (subject to
subsection (d)(2)), with the requirements applicable to
States. The Secretary shall make the payments to such
territories, Indian Tribes, and Tribal organizations on the
basis of their relative need. Each entity that is such a
territory, Indian Tribe, or Tribal organization shall be
entitled to such a payment as may be necessary to carry out
the activities described in subsection (h)(2), and to pay for
the costs of administration incurred by the entity, which
shall include costs incurred by the entity in carrying out
the child care program, and which may include, at the option
of the entity, costs associated with carrying out
requirements, policies, and procedures described in section
658H of the Child Care and Development Block Grant Act of
1990.
(h) Use of Funds.--
(1) Use of funds for fiscal years 2022 through 2024.--For
each of fiscal years 2022 through 2024, a State (as defined
in subsection (g)(1)) that receives a payment under
subsection (g)(1) shall use such payment for--
(A) assistance for direct child care services, which shall
consist only of--
(i) assistance for direct child care services for eligible
children through grants and contracts, and child care
certificates;
(ii) increasing child care provider payment rates to
support the cost of providing high-quality direct child care
services, including rates sufficient to support increased
wages for staff of eligible child care providers; and
(iii) waiving or reducing copayments, to ensure that the
families of children receiving assistance under this section
do not pay more than 7 percent of family income toward the
cost of the child care involved for all eligible children in
the family;
(B) activities described in paragraph (2)(C), without
regard to the requirement in clause (i)(I) of such paragraph
or to the references to a quality child care amount in such
paragraph; and
(C) costs of administration incurred by the State, which
shall include the costs described in subclause (I) of
subsection (g)(2)(A)(iii) and may, at the option of the
State, include the costs described in subclause (II) of such
subsection.
(2) Use of funds for fiscal years 2025 through 2027.--
(A) In general.--Starting on October 1, 2024, a State shall
use amounts provided to the State under subsection (g)(2) for
direct child care services (provided on a sliding fee scale
basis), activities to improve the quality and supply of child
care services consistent with paragraph (C), and State
administration consistent with subsection (g)(2)(A)(iii).
(B) Child care assistance for eligible children.--
(i) In general.--For each of fiscal years 2025 through
2027, from payments made to the State under subsection (g)(2)
for that particular fiscal year, the State shall ensure that
parents of eligible children can access direct child care
services provided by an eligible child care provider under
this section through a grant or contract as described in
clause (ii) or a certificate as described in clause (iii).
[[Page H6395]]
(ii) Grants and contracts.--The State shall award grants or
contracts to eligible child care providers, consistent with
the requirements under this section, for the provision of
child care services for eligible children under this section
that, at a minimum--
(I) support providers' operating expenses to meet and
sustain health, safety, quality, and wage standards required
under this section; and
(II) address underserved populations described in
subsection (f)(4)(H).
(iii) Certificates.--The State shall issue a child care
certificate directly to a parent who shall use such
certificate only as payment for direct child care services or
as a deposit for direct child care services if such a deposit
is required of other children being cared for by the
provider, consistent with the requirements under this
section.
(C) Activities to improve the quality and supply of child
care services.--
(i) Quality child care activities.--
(I) Amount.--For each of fiscal years 2025 through 2027,
from the total of the payments made to the State for a
particular fiscal year, the State shall reserve and use a
quality child care amount equal to not less than 5 percent
and not more than 10 percent of the amount made available to
the State through such payments for the previous fiscal year.
(II) Use of quality child care amount.--Each State shall
use the quality child care amount described in subclause (I)
to implement activities described in this subparagraph to
improve the quality and supply of child care services by
eligible child care providers, and increase the number of
available slots in the State for child care services funded
under this section, prioritizing assistance for child care
providers who are in underserved communities and who are
providing, or are seeking to provide, child care services for
underserved populations identified in subsection (f)(4)(H).
(III) Administration.--Activities funded under this
subparagraph may be administered--
(aa) directly by the lead agency; or
(bb) through other State government agencies, local or
regional child care resource and referral organizations,
community development financial institutions, other
intermediaries with experience supporting child care
providers, or other appropriate entities that enter into a
contract with the State to provide such assistance.
(ii) Quality and supply activities.--Activities funded
under the quality child care amount described in clause (i)
shall include each of the following:
(I) Startup grants and supply expansion grants.--
(aa) In general.--From a portion of the quality child care
amount, a State shall make startup and supply expansion
grants to support child care providers who are providing, or
seeking to provide, child care services to children receiving
assistance under this section, with priority for providers
providing or seeking to provide child care in underserved
communities and for underserved populations identified in
subsection (f)(4)(H), to--
(AA) support startup and expansion costs; and
(BB) assist such providers in meeting health and safety
requirements, achieving licensure, and meeting requirements
in the State's tiered system for measuring the quality of
eligible child care providers.
(bb) Requirement.--As a condition of receiving a startup or
supply expansion grant under this subclause, a child care
provider shall commit to meeting the requirements of an
eligible provider under this section, and providing child
care services to children receiving assistance under this
section on an ongoing basis.
(II) Quality grants.--From a portion of the quality child
care amount, a State shall provide quality grants to support
eligible child care providers in providing child care
services to children receiving assistance under this section
to improve the quality of such providers, including--
(aa) supporting such providers in meeting or making
progress toward the requirements for the highest tier of the
State's tiered system for measuring the quality of eligible
child care providers under subsection (f)(4)(B); and
(bb) supporting such providers in sustaining child care
quality, including supporting increased wages for staff and
supporting payment of fixed costs.
(III) Facilities grants.--
(aa) In general.--From a portion of the quality child care
amount, a State shall provide support, including through
awarding facilities grants, for remodeling, renovation, or
repair of a building or facility to the extent permitted
under section 658F(b) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858).
(bb) Additional uses.--For fiscal years 2022 through 2024,
and in subsequent years with approval from the Secretary, a
State may award such facilities grants for construction,
permanent improvement, or major renovation of a building or
facility primarily used for providing direct child care
services, in accordance with the following:
(AA) Federal interest provisions will not apply to the
renovation or rebuilding of privately-owned family child care
homes under this subclause.
(BB) Eligible child care providers may not use funds for
buildings or facilities that are used primarily for sectarian
instruction or religious worship.
(CC) The Secretary shall develop parameters on the use of
funds under this subclause for family child care homes.
(DD) The Secretary shall not retain Federal interest after
a period of 10 years in any facility built, renovated, or
repaired with funds awarded under this subclause.
(IV) Limitation.--For purposes of subclause (III), the
Secretary shall not--
(aa) enter into any agreement related to funds for
activities carried out under subclause (III)--
(AA) that is for a term extending beyond September 30,
2031; and
(BB) under which any payment could be outlaid after
September 30, 2031; or
(bb) use any other funds available to the Secretary, other
than funds provided under this section, to satisfy
obligations initially made for activities carried out under
subclause (III).
(V) State activities to improve the quality of child care
services.--A State shall use a portion of the quality child
care amount to improve the quality of child care services
available for this program, which shall include--
(aa) supporting the training and professional development
of the early childhood workforce, including supporting degree
attainment and credentialing for early childhood educators;
(bb) developing, implementing, or enhancing the State's
tiered system for measuring the quality of eligible child
care providers under subsection (f)(4)(B);
(cc) improving the supply and quality of developmentally
appropriate and inclusive child care programs and services
for underserved populations described in subsection
(f)(4)(H);
(dd) improving access to child care services for vulnerable
children as defined by the lead agency pursuant to subsection
(b)(4)(A)(iv)(II); and
(ee) providing outreach and enrollment support for families
of eligible children.
(VI) Technical assistance.--From a portion of the quality
child care amount, the State shall provide technical
assistance to increase the supply and quality of eligible
child care providers who are providing, or seeking to
provide, child care services to children receiving assistance
under this section, including providing support to enable
providers to achieve licensure.
(i) Grants to Localities and Awards to Head Start
Programs.--
(1) Eligible locality defined.--In this subsection, the
term ``eligible locality'' means a city, county, or other
unit of general local government.
(2) Grants to localities.--
(A) In general.--The Secretary shall use funds appropriated
under subsection (c)(4) to award local Birth Through Five
Child Care and Early Learning Grants, in accordance with
rules established by the Secretary, to eligible localities
located in States that have not received payments under
subsection (g). The Secretary shall award the grants to
eligible localities in such a State from the allotment made
for that State under subparagraph (B).
(B) Allotments.--
(i) Poverty line defined.--In this subparagraph, the term
``poverty line'' means the poverty line defined and revised
as described in section 673 of the Community Services Block
Grant Act (42 U.S.C. 9902).
(ii) General authority.--For each State described in
subparagraph (A), the Secretary shall allot for the State for
a fiscal year an amount that bears the same relationship to
the funds appropriated under subsection (c)(4) for the fiscal
year as the number of children from families with family
incomes that are below 200 percent of the poverty line, and
who are under the age of 6, in the State bears to the total
number of all such children in all States described in
subparagraph (A).
(C) Application.--To receive a grant from the corresponding
State allotment under subparagraph (B), an eligible locality
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require. The requirements for the application shall, to
the greatest extent practicable, be consistent with the State
plan requirements applicable to States under subsection (f).
(D) Requirements.--The Secretary shall specify the
requirements for an eligible locality to provide access to
child care, which child care requirements shall, to the
greatest extent practicable, be consistent with the
requirements applicable to States under this section.
(E) Recoupment of unused funds.--Notwithstanding any other
provision of this section, for each of fiscal years 2023
through 2027, the Secretary shall have the authority to
recoup any unused funds allotted under subparagraph (B) for
awards under paragraph (3)(A) to Head Start agencies in
accordance with paragraph (3).
(3) Head start expansion in nonparticipating states.--
(A) In general.--The Secretary shall use funds appropriated
under subsection (c)(5) or recouped under paragraph (2) to
make awards to Head Start agencies in a State described in
paragraph (2)(A) to carry out the purposes of the Head Start
Act in such State.
(B) Rule.--For purposes of carrying out the Head Start Act
in circumstances not involving awards under this paragraph,
funds awarded under subparagraph (A) shall not be included in
the calculation of a ``base grant'' as such term is defined
in section 640(a)(7)(A) of the Head Start Act (42 U.S.C.
9835(a)(7)(A)).
(C) Definition.--In this paragraph, the term ``Head Start
agency'' means an entity designated or eligible to be
designated as a Head Start agency under section 641(a)(1) of
the Head Start Act or as an Early Head Start agency (by
receiving a grant) under section 645A(a) of such Act.
(4) Priority for serving underserved populations.--In
making determinations to award a grant or make an award under
this subsection, the Secretary shall give priority to
entities serving a high percentage of individuals from
underserved populations described in subsection (f)(4)(H).
(j) Program Requirements.--
(1) Nondiscrimination.--The following provisions of law
shall apply to any program or activity that receives funds
provided under this section:
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(A) Title IX of the Education Amendments of 1972.
(B) Title VI of the Civil Rights Act of 1964.
(C) Section 504 of the Rehabilitation Act of 1973.
(D) The Americans with Disabilities Act of 1990.
(E) Section 654 of the Head Start Act.
(2) Prohibition on additional eligibility requirements.--No
individual shall be determined, by the Secretary, a State, or
another recipient of funds under this section, to be
ineligible for child care services provided under this
section, except on the basis of eligibility requirements
specified in or under this section.
(3) Maintenance of effort.--
(A) In general.--A State that receives payments under this
section for a fiscal year, in using the funds made available
through the payments, shall maintain the expenditures of the
State for child care services at the average level of such
expenditures by the State for the 3 preceding fiscal years.
(B) Counting rule.--State expenditures counted for purposes
of meeting the requirement in subparagraph (A) may also be
counted for purposes of meeting the requirement to provide a
non-Federal share under clause (i), (ii), or (iii), as
appropriate, of subsection (g)(2)(A).
(4) Supplement not supplant.--Funds received under this
section shall be used to supplement and not supplant other
Federal, State, and local public funds expended to provide
child care services in the State on the date of enactment of
this Act, calculated as the average amount of such Federal,
State, and local public funds expended for fiscal years 2019,
2020, and 2021.
(5) Allowable sources of non-federal share.--For purposes
of providing the non-Federal share required under subsection
(g)(2), a State's non-Federal share--
(A) for direct child care services described in subsection
(g)(2)(A)(i)--
(i) shall not include contributions being used as a non-
Federal share or match for another Federal award; and
(ii) shall be provided from State or local sources,
contributions from philanthropy or other private
organizations, or a combination of such sources and
contributions; and
(B) for activities to improve the quality and supply of
child care services described in subsection (g)(2)(A)(ii),
and administration described in subsection (g)(2)(A)(iii)--
(i) shall not include contributions being used as a non-
Federal share or match for another Federal award;
(ii) shall be provided from State or local sources,
contributions from philanthropy or other private
organizations, or a combination of such sources and
contributions; and
(iii) may be in cash or in kind, fairly evaluated,
including facilities or property, equipment, or services.
(6) Information for determinations.--For purposes of
determinations of participation in an eligible activity, the
provision of information for such determinations by Federal
agencies other than the Department of Health and Human
Services shall not be required.
(7) Reports.--A State, Indian Tribe, Tribal organization,
or territory receiving funds under this section shall provide
to the Secretary such periodic reports, providing a detailed
accounting of the uses of the funds received under this
section, as the Secretary may require for the administration
of this section. The State, Indian Tribe, Tribal
organization, or territory shall begin to provide the reports
beginning not later than 60 days after its initial receipt of
a payment under subsection (g)(1).
(k) Monitoring and Enforcement.--
(1) Review of compliance with requirements and state
plan.--The Secretary shall review and monitor compliance of
States, territories, Tribal entities, and local entities with
this section and State compliance with the plan described in
subsection (f)(4).
(2) Issuance of rule.--The Secretary shall establish by
rule procedures for--
(A) receiving, processing, and determining the validity of
complaints or findings concerning any failure of a State to
comply with the State plan or any other requirement of this
section;
(B) notifying a State when the Secretary has determined
there has been a failure by the State to comply with a
requirement of this section; and
(C) imposing sanctions under this subsection for such a
failure.
(l) Federal Administration.--Using funds reserved under
subsection (c)(6), the Secretary shall carry out
administration of this section, shall provide (including
through the use of grants or cooperative agreements)
technical assistance to States, territories, Indian Tribes,
and Tribal organizations, and shall carry out research, and
evaluations related to this section.
(m) Transition Provisions.--
(1) Treatment of child care and development block grant
funds.--For each of fiscal years 2025, 2026, and 2027, a
State receiving assistance under this section shall not use
more than 10 percent of any funds received under the Child
Care and Development Block Grant Act of 1990 to provide
assistance for direct child care services to children who are
under the age of 6, are not yet in kindergarten, and are
eligible under that Act.
(2) Special rules regarding eligibility.--Any child who is
less than 6 years of age, is not yet in kindergarten, and is
receiving assistance under the Child Care and Development
Block Grant Act of 1990 on the date funding is first
allocated to the lead agency for the State, territory, Indian
Tribe, or Tribal organization involved under this section--
(A) shall be deemed immediately eligible to receive
assistance under this section; and
(B) may continue to use the child care provider of the
family's choice.
(3) Transition procedures.--The Secretary is authorized to
institute procedures for implementing this section, including
issuing guidance for States receiving funds under subsection
(g)(1).
SEC. 23002. UNIVERSAL PRESCHOOL.
(a) Definitions.--In this section:
(1) Child experiencing homelessness.--The term ``child
experiencing homelessness'' means an individual who is a
homeless child or youth under section 725 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a).
(2) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(3) Comprehensive services.--The term ``comprehensive
services'' means services that are provided to low-income
children and their families, and that are health,
educational, nutritional, social, and other services that are
determined, based on family needs assessments, to be
necessary, within the meaning of section 636 of the Head
Start Act (42 U.S.C. 9831).
(4) Dual language learner.--The term ``dual language
learner'' means a child who is learning 2 or more languages
at the same time, or a child who is learning a second
language while continuing to develop the child's first
language.
(5) Eligible child.--The term ``eligible child'' means a
child who is age 3 or 4, on the date established by the
applicable local educational agency for kindergarten entry.
(6) Eligible provider.--The term ``eligible provider''
means--
(A) a local educational agency, acting alone or in a
consortium or in collaboration with an educational service
agency (as defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)), that is
licensed by the State or meets comparable health and safety
standards;
(B) a Head Start agency or delegate agency funded under the
Head Start Act;
(C) a licensed center-based child care provider, licensed
family child care provider, or community- or neighborhood-
based network of licensed family child care providers; or
(D) a consortium of entities described in any of
subparagraphs (A), (B), and (C).
(7) Head start agency.--The term ``Head Start agency'', as
used in paragraph (6)(B), or subsection (c)(5)(D) or (f)(1),
means an entity designated as a Head Start agency under
section 641(a)(1) of the Head Start Act or as an Early Head
Start agency (by receiving a grant) under section 645A(a) of
such Act.
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(9) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(10) Poverty line.--The term ``poverty line'' means the
poverty line defined and revised as described in section 673
of the Community Services Block Grant Act (42 U.S.C. 9902).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(12) State.--The term ``State'' means each of the several
States and the District of Columbia.
(13) Territory.--The term ``territory'' means each of the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given the term ``tribal organization'' in
section 658P of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858n).
(b) Universal Preschool.--
(1) Appropriations for states.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated to the Department of Health
and Human Services for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated--
(i) $4,000,000,000, to remain available until September 30,
2027, for payments to States, for carrying out this section
(except provisions and activities covered by paragraph (2))
in fiscal year 2022;
(ii) $6,000,000,000, to remain available until September
30, 2027, for payments to States, for carrying out this
section (except provisions and activities covered by
paragraph (2)) in fiscal year 2023; and
(iii) $8,000,000,000, to remain available until September
30, 2027, for payments to States, for carrying out this
section (except provisions and activities covered by
paragraph (2)) in fiscal year 2024.
(B) Additional appropriations.--In addition to amounts
otherwise available, there is appropriated to the Department
of Health and Human Services, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary for each of fiscal years 2025 through 2027, to
remain available for 1 additional fiscal year, for payments
to States, for carrying out this section (except provisions
and activities covered by paragraph (2)).
(2) Additional appropriations.--In addition to amounts
otherwise available, there is appropriated to the Department
of Health and Human Services for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated--
(A) $2,500,000,000, to remain available until September 30,
2027, for carrying out payments to Indian Tribes and Tribal
organizations for activities described in this section;
(B) $1,000,000,000, to remain available until September 30,
2027, for carrying out payments to the territories, to be
distributed among the territories on the basis of their
relative need, as determined by the Secretary in accordance
with the objectives of this section, for activities described
in this section;
[[Page H6397]]
(C) $300,000,000, to remain available until September 30,
2027, for carrying out payments to eligible local entities
that serve children in families who are engaged in migrant or
seasonal agricultural labor, for activities described in this
section;
(D)(i) $165,000,000, to remain available until September
30, 2027, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, in fiscal year 2022;
(ii) $200,000,000 to remain available until September 30,
2027, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, in fiscal year 2023;
(iii) $200,000,000, to remain available until September 30,
2027, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, in fiscal year 2024;
(iv) $208,000,000, to remain available until September 30,
2027, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, in fiscal year 2025;
(v) $212,000,000, to remain available until September 30,
2027, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, in fiscal year 2026; and
(vi) $216,000,000, to remain available until September 30,
2027, for carrying out Federal activities to support the
activities funded under this section, including
administration, monitoring, technical assistance, and
research, in fiscal year 2027;
(E)(i) $2,500,000,000, to remain available until September
30, 2027, to improve compensation of Head Start staff
consistent with subparagraphs (A)(i) and (B)(viii) of section
640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)),
notwithstanding section 653(a) of such Act (42 U.S.C.
9848(a)), in fiscal year 2022;
(ii) $2,500,000,000, to remain available until September
30, 2027, to improve compensation of Head Start staff
consistent with subparagraphs (A)(i) and (B)(viii) of section
640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)),
notwithstanding section 653(a) of such Act (42 U.S.C.
9848(a)), in fiscal year 2023;
(iii) $2,500,000,000, to remain available until September
30, 2027, to improve compensation of Head Start staff
consistent with subparagraphs (A)(i) and (B)(viii) of section
640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)),
notwithstanding section 653(a) of such Act (42 U.S.C.
9848(a)), in fiscal year 2024;
(iv) $2,500,000,000, to remain available until September
30, 2027, to improve compensation of Head Start staff
consistent with subparagraphs (A)(i) and (B)(viii) of section
640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)),
notwithstanding section 653(a) of such Act (42 U.S.C.
9848(a)), in fiscal year 2025;
(v) $2,500,000,000, to remain available until September 30,
2027, to improve compensation of Head Start staff consistent
with subparagraphs (A)(i) and (B)(viii) of section 640(a)(5)
of the Head Start Act (42 U.S.C. 9835(a)(5)), notwithstanding
section 653(a) of such Act (42 U.S.C. 9848(a)), in fiscal
year 2026; and
(vi) $2,500,000,000, to remain available until September
30, 2027, to improve compensation of Head Start staff
consistent with subparagraphs (A)(i) and (B)(viii) of section
640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)),
notwithstanding section 653(a) of such Act (42 U.S.C.
9848(a)), in fiscal year 2027;
(F)(i) $1,900,000,000, to remain available until September
30, 2027, to carry out the program of grants to localities
described in subsection (f)(2) in fiscal year 2023;
(ii) $1,900,000,000, to remain available until September
30, 2027, to carry out the program of grants to localities
described in subsection (f)(2) in fiscal year 2024;
(iii) $1,900,000,000, to remain available until September
30, 2027, to carry out the program of grants to localities
described in subsection (f)(2) in fiscal year 2025;
(iv) $1,900,000,000, to remain available until September
30, 2027, to carry out the program of grants to localities
described in subsection (f)(2) in fiscal year 2026; and
(v) $1,900,000,000, to remain available until September 30,
2027, to carry out the program of grants to localities
described in subsection (f)(2) in fiscal year 2027; and
(G)(i) $1,900,000,000, to remain available until September
30, 2027, to carry out the program of awards to Head Start
agencies described in subsection (f)(3) in fiscal year 2023;
(ii) $1,900,000,000, to remain available until September
30, 2027, to carry out the program of awards to Head Start
agencies described in subsection (f)(3) in fiscal year 2024;
(iii) $1,900,000,000, to remain available until September
30, 2027, to carry out the program of awards to Head Start
agencies described in subsection (f)(3) in fiscal year 2025;
(iv) $1,900,000,000, to remain available until September
30, 2027, to carry out the program of awards to Head Start
agencies described in subsection (f)(3) in fiscal year 2026;
and
(v) $1,900,000,000, to remain available until September 30,
2027, to carry out the program of awards to Head Start
agencies described in subsection (f)(3) in fiscal year 2027.
(c) Payments for State Universal Preschool Services.--
(1) In general.--A State that has submitted, and had
approved by the Secretary, the State plan described in
paragraph (5) is entitled to a payment under this subsection.
(2) Payments to states.--
(A) Payments for fiscal years 2022 through 2024.--From
amounts made available under subsection (b)(1) for any of
fiscal years 2022 through 2024, the Secretary, in
collaboration with the Secretary of Education, shall allot
for the fiscal year, to each State that has a State plan
under paragraph (5) or transitional State plan under
paragraph (7) that is approved for a period including that
fiscal year, an amount for the purpose of providing grants to
eligible providers to provide high-quality preschool, using a
formula that considers--
(i) the proportion of the number of children who are below
the age of 6 and whose families have a family income at or
below 200 percent of the poverty line for the most recent
year for which satisfactory data are available, residing in
the State, as compared to the number of such children, who
reside in all States with approved plans for the fiscal year
for which the allotment is being made; and
(ii) the existing Federal preschool investments in the
State under the Head Start Act, as of the date of the
allotment.
(B) Payments for fiscal years 2025 through 2027.--
(i) Preschool services.--For each of fiscal years 2025
through 2027, the Secretary shall pay to each State with an
approved State plan under paragraph (5), an amount for that
year equal to--
(I) 95.440 percent of the State's expenditures in the year
for preschool services provided under subsection (d), for
fiscal year 2025;
(II) 79.534 percent of the State's expenditures in the year
for such preschool services, for fiscal year 2026; and
(III) 63.627 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2027.
(ii) State activities.--The Secretary shall pay to each
State with an approved State plan under paragraph (5) an
amount for a fiscal year equal to 53.022 percent of the
amount of the State's expenditures for the activities
described in paragraph (3), except that in no case shall a
payment for a fiscal year under this clause exceed the amount
equal to 10 percent of the State's expenditures described in
clause (i) for such fiscal year.
(iii) Non-federal share.--The remainder of the cost paid by
the State for preschool services, that is not provided under
clause (i), shall be considered the non-Federal share of the
cost of those services. The remainder of the cost paid by the
State for State activities, that is not provided under clause
(ii), shall be considered the non-Federal share of the cost
of those activities.
(iv) Advance payment; retrospective adjustment.--The
Secretary shall make a payment under clause (i) or (ii) for a
year on the basis of advance estimates of expenditures
submitted by the State and such other investigation as the
Secretary may find necessary, and shall reduce or increase
the payment as necessary to adjust for any overpayment or
underpayment for a previous year.
(C) Authorities.--
(i) Fiscal years 2022 through 2024.--Notwithstanding any
other provision of this paragraph, for each of fiscal years
2022 through 2024, the Secretary shall have the authority to
reallot funds that were allotted under subparagraph (A) from
any State without an approved application under paragraph (5)
by the date required by the Secretary, to States with an
approved application under that subsection.
(ii) Fiscal year 2025.--Notwithstanding any other provision
of this section, on October 1, 2024, the Secretary shall have
the authority to reallot funds from payments made from
allotments under subparagraph (A) that are unobligated on
such date, to any State without such unobligated funds that
is a State with an approved application under paragraph (5),
to carry out the purposes of this section.
(3) State activities.--A State that receives a payment
under paragraph (2) shall carry out all of the following
activities:
(A) State administration of the State preschool program
described in this section.
(B) Supporting a continuous quality improvement system for
providers of preschool services participating, or seeking to
participate, in the State preschool program, through the use
of data, researching, monitoring, training, technical
assistance, professional development, and coaching.
(C) Providing outreach and enrollment support for families
of eligible children.
(D) Supporting data systems building.
(E) Supporting staff of eligible providers in pursuing
credentials and degrees, including baccalaureate degrees.
(F) Supporting activities that ensure access to inclusive
preschool programs for children with disabilities.
(G) Providing age-appropriate transportation services for
children, which at a minimum shall include transportation
services for children experiencing homelessness and children
in foster care.
(H) Conducting or updating a statewide needs assessment of
access to high-quality preschool services.
(4) Lead agency.--The Governor of a State desiring for the
State to receive a payment under this subsection shall
designate a lead agency (such as a State agency or joint
interagency office) for the administration of the State's
preschool program under this section.
(5) State plan.--In order to be eligible for payments under
this section, the Governor of a State shall submit a State
plan to the Secretary for approval by the Secretary, in
collaboration with the Secretary of Education, at such time,
in such manner, and containing such information as the
Secretary shall by rule require, that includes a plan for
achieving universal, high-quality, free, inclusive, and
mixed-delivery preschool services. Such plan shall include,
at a minimum, each of the following:
(A) A certification that--
[[Page H6398]]
(i) the State has in place developmentally appropriate,
evidence-based preschool standards that, at a minimum, are as
rigorous as the standards specified in subparagraph (B) of
section 641A(a)(1) of the Head Start Act (42 U.S.C.
9836a(a)(1)) and include program standards for class sizes
and ratios; and
(ii) the State will coordinate such standards with other
early learning standards in the State.
(B) An assurance that the State will ensure--
(i) all preschool services in the State funded under this
section will--
(I) be universally available to all children in the State
without any additional eligibility requirements;
(II) be high-quality, free, and inclusive; and
(III) by not later than 1 year after the State receives
such funding, meet the State's preschool education standards
described in subparagraph (A); and
(ii) that the local preschool programs in the State funded
under this section will--
(I) offer programming that meets the duration requirements
of at least 1,020 annual hours;
(II) adopt policies and practices to conduct outreach and
provide expedited enrollment, including prioritization, to--
(aa) children experiencing homelessness (which, in the case
of a child attending a program provided by an eligible
provider described in subsection (a)(6)(A), shall include
immediate enrollment for the child);
(bb) children in foster care or kinship care;
(cc) children in families who are engaged in migrant or
seasonal agricultural labor;
(dd) children with disabilities, including eligible
children who are served under part C of the Individuals with
Disabilities Education Act; and
(ee) dual language learners;
(III) provide for salaries, and set schedules for salaries,
for staff of providers in the State preschool program that
are equivalent to salaries of elementary school staff with
similar credentials and experience;
(IV) at a minimum, provide a living wage for all staff of
such providers; and
(V) require educational qualifications for teachers in the
preschool program including, at a minimum, requiring that
lead teachers in the preschool program have a baccalaureate
degree in early childhood education or a related field by not
later than 6 years after the date on which the State first
receives funds under this Act, except that--
(aa) subject to item (bb), the requirements under this
subclause shall not apply to individuals who were employed by
an eligible provider or early education program for a
cumulative 3 of the 5 years immediately preceding the date of
enactment of this Act and have the necessary content
knowledge and teaching skills for early childhood educators,
as demonstrated through measures determined by the State; and
(bb) nothing in this section shall require the State to
lessen State requirements for educational qualifications, in
existence on the date of enactment of this Act, to serve as a
teacher in a State preschool program.
(C) For States with existing publicly funded State
preschool programs (as of the date of submission of the State
plan), a description of how the State plans to use funding
provided under this section to ensure that such existing
programs in the State meet the requirements of this section
for a State preschool program.
(D) A description of how the State, in establishing and
operating the State preschool program supported under this
section, will--
(i) support a mixed-delivery system for any new slots
funded under this section, including by facilitating the
participation of Head Start programs and programs offered by
licensed child care providers;
(ii) ensure the State preschool program does not disrupt
the stability of infant and toddler child care throughout the
State;
(iii) ensure adequate consultation with the State Advisory
Council on Early Childhood Education and Care designated or
established in section 642B(b)(1)(A)(i) of the Head Start Act
(42 U.S.C. 9837b(b)(1)(A)(i)) in the development of its plan,
including consultation in how the State intends to distribute
slots under clause (v);
(iv) partner with Head Start agencies to ensure the full
utilization of Head Start programs within the State; and
(v) distribute new preschool slots equitably among child
care (including family child care) providers, Head Start
agencies, and schools within the State.
(E) A certification that the State, in operating the
program described in this section for a fiscal year--
(i) will not reduce the total preschool slots provided in
State-funded preschool programs from the number of such slots
in the previous fiscal year; or
(ii) if the number of eligible children identified in the
State declines from the previous fiscal year, will maintain
at least the previous year's ratio of the total preschool
slots described in clause (i) to eligible children so
identified.
(F) An assurance that the State will use funding provided
under this section to ensure children with disabilities have
access to and participate in inclusive preschool programs
consistent with provisions in the Individuals with
Disabilities Education Act, and a description of how the
State will collaborate with entities carrying out programs
under section 619 or part C of the Individuals with
Disabilities Education Act, to support inclusive preschool
programs.
(G) A certification that the State will support the
continuous quality improvement of programs providing
preschool services under this section, including support
through technical assistance, monitoring, and research.
(H) A certification that the State will ensure a highly
qualified early childhood workforce to support the
requirements of this section.
(I) An assurance that the State will meet the requirements
of clauses (ii) and (iii) of section 658E(c)(2)(T) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)(T)), with respect to funding and assessments
under this section.
(J) A certification that subgrant and contract amounts
provided as described in subsection (d) will be sufficient to
enable eligible providers to meet the requirements of this
section, and will provide for increased payment amounts based
on the criteria described in subclauses (III) and (IV) of
subparagraph (B)(ii).
(K) An agreement to provide to the Secretary such periodic
reports, providing a detailed accounting of the uses of
funding received under this section, as the Secretary may
require for the administration of this section.
(6) Duration of the plan.--Each State plan shall remain in
effect for a period of not more than 3 years. Amendments to
the State plan shall remain in effect for the duration of the
plan.
(7) Transitional state plan.--
(A) In general.--The Secretary shall develop parameters
for, and allow a State to submit for purposes of this
subsection for a period of not more than 3 years, a
transitional State plan, at such time, in such manner and
containing such information as the Secretary shall require.
(B) Contents.--The transitional plan shall--
(i) demonstrate that the State will meet the requirements
of such plan as determined by the Secretary; and
(ii) include, at a minimum--
(I) an assurance that the State will submit a State plan
under paragraph (5);
(II) a description of how the funds received by the State
under this section will be spent to expand access to
universal, high-quality, free, inclusive, and mixed-delivery
preschool in alignment with the requirements of this section;
and
(III) such data as the Secretary may require on the
provision of preschool services in the State.
(d) Subgrants and Contracts for Local Preschool Programs.--
(1) Subgrants and contracts.--
(A) In general.--A State that receives a payment under
subsection (c)(2) for a fiscal year shall use amounts
provided through the payment to pay the costs of subgrants
to, or contracts with, eligible providers to operate
universal, high-quality, free, and inclusive preschool
programs (which State-funded programs may be referred to in
this section as ``local preschool programs'') through the
State preschool program in accordance with paragraph (3). A
State shall reduce or increase the amounts provided under
such subgrants or contracts if needed to adjust for any
overpayment or underpayment described in subsection
(c)(2)(B)(iv).
(B) Amount.--A State shall award a subgrant or contract
under this subsection in a sufficient amount to enable the
eligible provider to operate a local preschool program that
meets the requirements of subsection (c)(5)(B), which amount
shall reflect variations in the cost of preschool services by
geographic area, type of provider, and age of child, and the
additional costs associated with providing inclusive
preschool services for children with disabilities.
(C) Duration.--The State shall award a subgrant or contract
under this subsection for a period of not less than 3 years,
unless the subgrant or contract is terminated or suspended,
or the subgrant period is reduced, for cause.
(2) Enhanced payments for comprehensive services.--In
awarding subgrants or contracts under this subsection and in
addition to meeting the requirements of paragraph (1)(B), the
State shall award subgrants or contracts with enhanced
payments to eligible providers that offer local preschool
programs funded under this subsection to a high percentage of
low-income children to support comprehensive services.
(3) Establishing and expanding universal preschool
programs.--
(A) Establishing and expanding universal preschool programs
in high-need communities.--In awarding subgrants or contracts
under this subsection, the State shall first prioritize
establishing and expanding universal local preschool programs
within and across high-need communities by awarding subgrants
or contracts to eligible providers operating within and
across, or with capacity to operate within and across, such
high-need communities. The State shall--
(i) use a research-based methodology approved by the
Secretary to identify such high-need communities, as
determined by--
(I) the rate of poverty in the community;
(II) rates of access to high-quality preschool within the
community; and
(III) other indicators of community need as required by the
Secretary; and
(ii) distribute funding for preschool services under this
section within such a high-need community so that a majority
of children in the community are offered such preschool
services before the State establishes and expands preschool
services in communities with lower levels of need.
(B) Use of funds.--Subgrants or contracts awarded under
subparagraph (A) shall be used to enroll and serve children
in such a local preschool program involved, including by
paying the costs--
(i) of personnel (including classroom and administrative
personnel), including compensation and benefits;
(ii) associated with implementing the State's preschool
standards, providing curriculum supports, and meeting early
learning and development standards;
(iii) of professional development, teacher supports, and
training;
(iv) of implementing and meeting developmentally
appropriate health and safety standards (including licensure,
where applicable), teacher to child ratios, and group size
maximums;
(v) of materials, equipment, and supplies; and
[[Page H6399]]
(vi) of rent or a mortgage, utilities, building security,
indoor and outdoor maintenance, and insurance.
(4) Establishing and expanding universal preschool programs
in additional communities.--Once a State that receives a
payment under subsection (c)(2) meets the requirements of
paragraph (3) with respect to establishing and expanding
local preschool programs within and across high-need
communities, the State shall use funds from such payment to
enroll and serve children in local preschool programs, as
described in such paragraph, in additional communities in
accordance with the metrics described in paragraph (3)(A)(i).
Such funds shall be used for the activities described in
clauses (i) through (vi) of paragraph (3)(B).
(e) Payments for Universal Preschool Services Indian Tribes
and Territories.--
(1) Indian tribes and tribal organizations.--
(A) In general.--For each of fiscal years 2022 through
2027, from the amount appropriated for Indian Tribes and
Tribal organizations under subsection (b)(2)(A), the
Secretary shall make payments to Indian Tribes and Tribal
organizations with an application approved under subparagraph
(B), and the Tribes and Tribal organizations shall be
entitled to such payments for the purpose of carrying out the
preschool program described in this section, consistent, to
the extent practicable as determined by the Secretary, with
the requirements applicable to States.
(B) Applications.--An Indian Tribe or Tribal organization
seeking a payment under this paragraph shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may specify.
(2) Territories.--
(A) In general.--For each of fiscal years 2022 through
2027, from the amount appropriated for territories under
subsection (b)(2)(B), the Secretary shall make payments to
the territories with an application approved under
subparagraph (B), and the territories shall be entitled to
such payments, for the purpose of carrying out the preschool
program described in this section, consistent, to the extent
practicable as determined by the Secretary, with the
requirements applicable to States.
(B) Applications.--A territory seeking a payment under this
paragraph shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may specify.
(3) Lead agency.--The head of an Indian tribe or territory
desiring for the Indian tribe or a related tribal
organization, or territory, to receive a payment under this
subsection shall designate a lead agency (such as a tribal or
territorial agency or joint interagency office) for the
administration of the preschool program of the Indian tribe
or territory, under this section.
(f) Grants to Localities and Head Start Expansion in
Nonparticipating States.--
(1) Eligible locality defined.--In this subsection, the
term ``eligible locality'' means a city, county, or other
unit of general local government, a local educational agency,
or a Head Start agency.
(2) Grants to localities.--
(A) In general.--The Secretary, in consultation with the
Secretary of Education, shall use funds reserved in
subsection (b)(2)(F) to award local universal preschool
grants, in accordance with rules established by the Secretary
of Health and Human Services, to eligible localities located
in States that have not received payments under subsection
(c)(2)(A). The Secretary shall award the grants to eligible
localities in a State from the allotment made for that State
under subparagraph (B). The Secretary shall specify the
requirements for an eligible locality to conduct a preschool
program under this subsection which shall, to the greatest
extent practicable, be consistent with the requirements
applicable to States under this section, for a universal,
high-quality, free, and inclusive preschool program.
(B) Allotments.--For each State described in subparagraph
(A), the Secretary shall allot for the State for a fiscal
year an amount that bears the same relationship to the funds
appropriated under subsection (b)(2)(F) for the fiscal year
as the number of children from families with family incomes
at or below 200 percent of the poverty line, and who are
under the age of 6, in the State bears to the total number of
all such children in all States described in subparagraph
(A).
(C) Application.--To receive a grant from the corresponding
State allotment under this subsection, an eligible locality
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require. The requirements for the application shall, to
the greatest extent practicable, be consistent with the State
plan requirements applicable to States under this section.
(D) Recoupment of unused funds.--Notwithstanding any other
provision of this section, for each of fiscal years 2023
through 2027, the Secretary shall have the authority to
recoup any unused funds allotted under subparagraph (B) for
awards under paragraph (3)(A) to Head Start agencies in
accordance with paragraph (3).
(3) Head start expansion in nonparticipating states.--
(A) In general.--The Secretary shall use funds appropriated
under subsection (b)(2)(G) or recouped under paragraph (2) to
make awards to Head Start agencies in a State described in
paragraph (2)(A) to carry out the purposes of the Head Start
Act in such State.
(B) Rule.--For purposes of carrying out the Head Start Act
in circumstances not involving awards under this paragraph,
funds awarded under subparagraph (A) shall not be included in
the calculation of a ``base grant'' as such term is defined
in section 640(a)(7)(A) of the Head Start Act (42 U.S.C.
9835(a)(7)(A)).
(C) Definition.--In this paragraph, the term ``Head Start
agency'' means an entity designated or eligible to be
designated as a Head Start agency under section 641(a)(1) of
the Head Start Act or as an Early Head Start agency (by
receiving a grant) under section 645A(a) of such Act.
(4) Priority for serving underserved communities.--In
making determinations to award a grant or make an award under
this subsection, the Secretary shall give priority to
entities serving communities with a high percentage of
children from families with family incomes at or below 200
percent of the poverty line.
(g) Allowable Sources of Non-Federal Share.--For purposes
of calculating the amount of the non-Federal share, as
determined under subsection (c)(2)(B)(iii), relating to a
payment under subsection (c)(2)(B), a State's non-Federal
share--
(1) may be in cash or in kind, fairly evaluated, including
facilities or property, equipment, or services;
(2) shall include any increase in amounts spent by the
State to expand half-day kindergarten programs in the State,
as of the day before the date of enactment of this Act, into
full-day kindergarten programs;
(3) shall not include contributions being used as a non-
Federal share or match for another Federal award;
(4) shall be provided from State or local sources,
contributions from philanthropy or other private
organizations, or a combination of such sources and
contributions; and
(5) shall count not more than 100 percent of the State's
current spending on prekindergarten programs, calculated as
the average amount of such spending by the State for fiscal
years 2019, 2020, and 2021, toward the State's non-Federal
share.
(h) Maintenance of Effort.--
(1) In general.--If a State reduces its combined fiscal
effort per child for the State preschool program (whether a
publicly funded preschool program or a program under this
section) or through State supplemental assistance funds for
Head Start programs assisted under the Head Start Act, or
through any State spending on preschool services for any
fiscal year that a State receives payments under subsection
(c)(2) (referred to in this paragraph as the ``reduction
fiscal year'') relative to the previous fiscal year, the
Secretary, in collaboration with the Secretary of Education,
shall reduce support for such State under such subsection by
the same amount as the total reduction in that State fiscal
effort for such reduction fiscal year.
(2) Waiver.--The Secretary, in collaboration with the
Secretary of Education, may waive the requirements of
paragraph (1) if--
(A) the Secretaries determine that a waiver would be
appropriate due to a precipitous decline in the financial
resources of a State as a result of unforeseen economic
hardship, or a natural disaster, that has necessitated
across-the-board reductions in State services during the 5-
year period preceding the date of the determination,
including for early childhood education programs; or
(B) due to the circumstance of a State requiring reductions
in specific programs, including early childhood education
programs, the State presents to the Secretaries a
justification and demonstration why other programs could not
be reduced and how early childhood education programs in the
State will not be disproportionately harmed by such State
reductions.
(i) Supplement Not Supplant.--Funds received under this
section shall be used to supplement and not supplant other
Federal, State, and local public funds expended on
prekindergarten programs in the State on the date of
enactment of this Act, calculated as the average amount of
such Federal, State, and local public funds expended for
fiscal years 2019, 2020, and 2021.
(j) Nondiscrimination Provisions.--The following provisions
of law shall apply to any program or activity that receives
funds provided under this section:
(1) Title IX of the Education Amendments of 1972.
(2) Title VI of the Civil Rights Act of 1964.
(3) Section 504 of the Rehabilitation Act of 1973.
(4) The Americans with Disabilities Act of 1990.
(5) Section 654 of the Head Start Act.
(k) Monitoring and Enforcement.--
(1) Review of compliance with requirements and state
plan.--The Secretary shall review and monitor compliance of
States, territories, Tribal entities, and local entities with
this section and State compliance with the State plan
described in subsection (c)(5).
(2) Issuance of rule.--The Secretary shall establish by
rule procedures for--
(A) receiving, processing, and determining the validity of
complaints or findings concerning any failure of a State to
comply with the State plan or any other requirement of this
section;
(B) notifying a State when the Secretary has determined
there has been a failure by the State to comply with a
requirement of this section; and
(C) imposing sanctions under this subsection for such a
failure.
Subtitle E--Child Nutrition and Related Programs
SEC. 24001. EXPANDING COMMUNITY ELIGIBILITY.
(a) Multiplier and Threshold Adjusted.--
(1) Multiplier.--Clause (vii) of section 11(a)(1)(F) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(a)(1)(F)) is amended to read as follows:
``(vii) Multiplier.--
``(I) Implementation in 2022-2027.--For each school year
beginning on or after July 1, 2022,
[[Page H6400]]
and ending before July 1, 2027, the Secretary shall use a
multiplier of 2.5.
``(II) Implementation after 2027.--For each school year
beginning on or after July 1, 2027, the Secretary shall use a
multiplier of 1.6.''.
(2) Threshold.--Clause (viii) of section 11(a)(1)(F) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(a)(1)(F)) is amended to read as follows:
``(viii) Threshold.--
``(I) Implementation in 2022-2027.--For each school year
beginning on or after July 1, 2022, and ending before July 1,
2027, the threshold shall be not more than 25 percent.
``(II) Implementation after 2027.--For each school year
beginning on or after July 1, 2027, the threshold shall be
not more than 40 percent.''.
(b) Statewide Community Eligibility.--Section 11(a)(1)(F)
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1759a(a)(1)(F)) is amended by adding at the end the
following:
``(xiv) Statewide community eligibility.--For each school
year beginning on or after July 1, 2022, and ending before
July 1, 2027, the Secretary shall establish a statewide
community eligibility program under which, in the case of a
State agency that agrees to provide funding from sources
other than Federal funds to ensure that local educational
agencies in the State receive the free reimbursement rate for
100 percent of the meals served at applicable schools--
``(I) the multiplier described in clause (vii) shall apply;
``(II) notwithstanding clause (viii), the threshold shall
be zero; and
``(III) the percentage of enrolled students who were
identified students shall be calculated across all applicable
schools in the State regardless of local educational
agency.''.
SEC. 24002. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN
PROGRAM.
The Richard B. Russell National School Lunch Act is amended
by inserting after section 13 (42 U.S.C. 1761) the following:
``SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN
PROGRAM.
``(a) Program Established.--The Secretary shall establish a
program under which States and covered Indian Tribal
organizations participating in such program shall, for summer
2023 and summer 2024 issue to eligible households summer EBT
benefits--
``(1) in accordance with this section; and
``(2) for the purpose of providing nutrition assistance
through electronic benefits transfer during the summer months
for eligible children, to ensure continued access to food
when school is not in session for the summer.
``(b) Summer EBT Benefits Requirements.--
``(1) Purchase options.--
``(A) Benefits issued by states.--
``(i) WIC participation states.--In the case of a State
that participated in a demonstration program under section
749(g) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2010
(Public Law 111-80; 123 Stat. 2132) during calendar year 2018
using a WIC model, summer EBT benefits issued pursuant to
subsection (a) by such a State may only be used by the
eligible household that receives such summer EBT benefits to
purchase--
``(I) supplemental foods from retailers that have been
approved for participation in--
``(aa) the special supplemental nutrition program for
women, infants, and children under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786); or
``(bb) the program under this section; or
``(II) food (as defined in section 3(k) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(k))) from retail food
stores that have been approved for participation in the
supplemental nutrition assistance program established under
such Act, in accordance with section 9 of such Act (7 U.S.C.
2018).
``(ii) Other states.--Summer EBT benefits issued pursuant
to subsection (a) by a State not described in clause (i) may
only be used by the eligible household that receives such
summer EBT benefits to purchase food (as defined in section
3(k) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(k))) from retail food stores that have been approved for
participation in the supplemental nutrition assistance
program established under such Act, in accordance with
section 9(b) of such Act (7 U.S.C. 2018) or retail food
stores that have been approved for participation in a
Department of Agriculture grant funded nutrition assistance
program in the Commonwealth of the Northern Mariana Islands,
Puerto Rico, or American Samoa.
``(B) Benefits issued by covered indian tribal
organizations.--Summer EBT benefits issued pursuant to
subsection (a) by a covered Indian Tribal organization may
only be used by the eligible household that receives such
summer EBT benefits to purchase supplemental foods from
retailers that have been approved for participation in--
``(i) the special supplemental nutrition program for women,
infants, and children under section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786); or
``(ii) the program under this section.
``(2) Amount.--Summer EBT benefits issued pursuant to
subsection (a)--
``(A) shall be--
``(i) for calendar year 2023, in an amount equal to $65 for
each child in the eligible household per month during the
summer; and
``(ii) for calendar year 2024, in an amount equal to the
amount described in clause (i), adjusted to the nearest lower
dollar increment to reflect changes to the cost of the
thrifty food plan (as defined in section 3(u) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(u)) for the 12-month
period ending on November 30 of the preceding calendar year;
and
``(B) may be issued--
``(i) in the form of an EBT card; or
``(ii) through electronic delivery.
``(c) Enrollment in Program.--
``(1) State requirements.--States participating in the
program under this section shall--
``(A) with respect to a summer, automatically enroll
eligible children in the program under this section without
further application; and
``(B) require local educational agencies to allow eligible
households to opt out of participation in the program under
this section and establish procedures for opting out of such
participation.
``(2) Covered indian tribal organization requirements.--
Covered Indian Tribal organizations participating in the
program under this section shall, to the maximum extent
practicable, meet the requirements under subparagraphs (A)
through (C) of paragraph (1).
``(d) Implementation Grants.--On and after January 1, 2022,
the Secretary shall carry out a program to make grants to
States and covered Indian Tribal organizations to build
capacity for implementing the program under this section.
``(e) Alternate Plans in the Case of Continuous School
Calendar.--The Secretary shall establish an alternative
method for determining the schedule and number of days during
which summer EBT benefits may be issued pursuant to
subsection (a) in the case of children who are under a
continuous school calendar.
``(f) Funding.--
``(1) Program funding.--In addition to amounts otherwise
available, there is appropriated for each of fiscal years
2022 through 2024, out of any money in the Treasury not
otherwise appropriated, such sums, to remain available for
the 2-year period following the date such amounts are made
available, as may be necessary to carry out this section,
including for administrative expenses incurred by the
Secretary, States, covered Indian Tribal organizations, and
local educational agencies.
``(2) Implementation grant funding.--In addition to amounts
otherwise available, including under paragraph (1), there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $50,000,000, to remain
available until expended, to carry out subsection (d).
``(g) Sunset.--The authority under this section shall
terminate on September 30, 2024.
``(h) Definitions.--In this section:
``(1) Covered indian tribal organization.--The term
`covered Indian Tribal organization' means an Indian Tribal
organization that participates in the special supplemental
nutrition program for women, infants, and children under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786).
``(2) Eligible child.--The term `eligible child' means,
with respect to a summer, a child who was, during the school
year immediately preceding such summer--
``(A) certified to receive free or reduced price lunch
under the school lunch program under this Act;
``(B) certified to receive free or reduced price breakfast
under the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773); or
``(C) enrolled in a school described in subparagraph (B),
(C), (D), (E), or (F) of section 11(a)(1).
``(3) Eligible household.--The term `eligible household'
means a household that includes at least 1 eligible child.''.
SEC. 24003. HEALTHY FOOD INCENTIVES DEMONSTRATION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Agriculture for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $250,000,000, to remain
available until expended, to provide--
(1) technical assistance and evaluation with respect to the
activities described in subparagraphs (A) through (D) of
paragraph (2); and
(2) grants and monetary incentives to carry out 1 or more
of the following:
(A) Improving the nutritional quality of meals and snacks
served under a child nutrition program.
(B) Enhancing the nutrition and wellness environment of
institutions participating in a child nutrition program,
including by reducing the availability of less healthy foods
during the school day.
(C) Increasing the procurement of fresh, local, regional,
and culturally appropriate foods and foods produced by
underserved or limited resource farmers, as defined by the
Secretary of Agriculture, to be served as part of a child
nutrition program.
(D) Funding a statewide nutrition education coordinator--
(i) to support individual school food authority nutrition
education efforts; and
(ii) to facilitate collaboration with other nutrition
education efforts in the State.
(b) State Defined.--In this section, the term ``State'' has
the meaning given the term in section 12(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1760(d)).
SEC. 24004. SCHOOL KITCHEN EQUIPMENT GRANTS.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Agriculture for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $30,000,000, to remain available until expended
through fiscal year 2030, for training and technical
assistance to support scratch cooking and to award grants to
States (as defined in section 12(d) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(d))) to make
competitive subgrants to local educational agencies and
schools to purchase equipment with a value of
[[Page H6401]]
greater than $1,000 that, with respect to the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751-1769j) and the school
breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773), is necessary to serve
healthier meals, improve food safety, and increase scratch
cooking.
Subtitle F--Human Services and Community Supports
SEC. 25001. ASSISTIVE TECHNOLOGY.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $10,000,000, to remain
available until expended, for necessary expenses to carry out
the Assistive Technology Act of 1998 (29 U.S.C. 3003(a)).
SEC. 25002. FAMILY VIOLENCE PREVENTION AND SERVICES FUNDING.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Health and Human Services,
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $30,000,000, to remain available
until expended, for necessary administrative expenses to
carry out subsections (c) and (d) of section 2204 of the
American Rescue Plan Act of 2021 (Public Law 117-2).
SEC. 25003. PREGNANCY ASSISTANCE FUND.
Section 10214 of the Patient Protection and Affordable Care
Act (42 U.S.C. 18204) is amended by adding at the end the
following new sentence:
``In addition, there is appropriated for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated--
``(1) $25,000,000, to remain available until expended, to
carry out this part in fiscal year 2022;
``(2) $25,000,000, to remain available until expended, to
carry out this part in fiscal year 2023; and
``(3) $25,000,000, to remain available until expended, to
carry out this part in fiscal year 2024.''.
SEC. 25004. FUNDING FOR THE AGING NETWORK AND INFRASTRUCTURE.
(a) Appropriation.--In addition to amounts otherwise
available, there are appropriated for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated, to
the Department of Health and Human Services--
(1) $75,000,000 for the Research, Demonstration, and
Evaluation Center for the Aging Network for necessary
expenses to carry out the activities of the Center under
section 201(g) of the Older Americans Act of 1965 (OAA);
(2) $655,000,000 for necessary expenses to carry out part B
of title III of the OAA, including for--
(A) supportive services of the type made available for
fiscal year 2021 and authorized under such part;
(B) investing in the aging services network for the
purposes of improving the availability of supportive
services, including investing in the aging services network
workforce;
(C) the acquisition, alteration, or renovation of
facilities, including multipurpose senior centers and mobile
units; and
(D) construction or modernization of facilities to serve as
multipurpose senior centers;
(3) $140,000,000 for necessary expenses to carry out part C
of title III of the OAA, including to support the
modernization of infrastructure and technology, including
kitchen equipment and delivery vehicles, to support the
provision of congregate nutrition services and home delivered
nutrition services under such part;
(4) $150,000,000 for necessary expenses to carry out part E
of title III of the OAA, including section 373(e) of such
part;
(5) $50,000,000 for necessary expenses to carry out title
VI of the OAA, including part C of such title;
(6) $50,000,000 for necessary expenses to carry out the
long-term care ombudsman program under title VII of the OAA;
(7) $59,000,000 for necessary expenses for technical
assistance centers or national resource centers supported
under the OAA, including all such centers that received
funding under title IV of the OAA for fiscal year 2021, in
order to support technical assistance and resource
development related to culturally appropriate care management
and services for older individuals with the greatest social
need, including racial and ethnic minority individuals;
(8) $15,000,000 for necessary expenses for technical
assistance centers or national resource centers supported
under the OAA that are focused on providing services for
older individuals who are underserved due to their sexual
orientation or gender identity;
(9) $1,000,000 for necessary expenses for efforts of
national training and technical assistance centers supported
under the OAA to--
(A) support expanding the reach of the aging services
network to more effectively assist older individuals in
remaining socially engaged and active;
(B) provide additional support in technical assistance and
training to the aging services network to address the social
isolation of older individuals;
(C) promote best practices and identify innovation in the
field; and
(D) continue to support a repository for innovations
designed to increase the ability of the aging services
network to tailor social engagement activities to meet the
needs of older individuals; and
(10) $5,000,000 for necessary expenses to carry out section
417 of the OAA.
Amounts appropriated by this subsection shall remain
available until expended.
(b) Nonapplicability of Certain Requirements.--The non-
Federal contribution requirements under sections 304(d)(1)(D)
and 431(a) of the Older Americans Act of 1965, and section
373(h)(2) of such Act, shall not apply to--
(1) any amounts made available under this section; or
(2) any amounts made available under section 2921 of the
American Rescue Plan Act of 2021 (Public Law 117-2).
SEC. 25005. TECHNICAL ASSISTANCE CENTER FOR SUPPORTING DIRECT
CARE AND CAREGIVING.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Health
and Human Services, acting through the Administrator for the
Administration for Community Living, for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2031,
for necessary expenses to establish, directly or through
grants, contracts, or cooperative agreements, a national
technical assistance center (referred to in this section as
the ``Center'') to--
(1) provide technical assistance for supporting direct care
workforce recruitment, education and training, retention,
career advancement, and for supporting family caregivers and
caregiving activities;
(2) develop and disseminate a set of replicable models or
evidence-based or evidence-informed strategies or best
practices for--
(A) recruitment, education and training, retention, and
career advancement of direct support workers;
(B) reducing barriers to accessing direct care services;
and
(C) increasing access to alternatives to direct care
services, including assistive technology, that reduce
reliance on such services;
(3) provide recommendations for education and training
curricula for direct support workers; and
(4) provide recommendations for activities to further
support paid and unpaid family caregivers, including
expanding respite care.
(b) Direct Support Worker Defined.--The term ``direct
support worker'' has the meaning given such term in section
22301.
SEC. 25006. FUNDING TO SUPPORT UNPAID CAREGIVERS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Health
and Human Services (referred to in this section as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $40,000,000, to remain
available until expended, for carrying out the purpose
described in subsection (b).
(b) Use of Funding.--The Secretary, acting through the
Assistant Secretary for Aging, shall use amounts appropriated
by subsection (a) for necessary expenses to make awards,
pursuant to section 373(i) of the Older Americans Act of 1965
(42 U.S.C. 3030s-1(i)), to States, public agencies, private
nonprofit agencies, institutions of higher education, and
organizations, including Tribal organizations, for
initiatives to address the behavioral health needs of family
caregivers and older relative caregivers.
(c) Supplement Not Supplant.--Amounts appropriated by this
section shall be used to supplement and not supplant other
Federal, State, or local public funds to support unpaid
caregivers.
SEC. 25007. FUNDING TO SUPPORT INDIVIDUALS WITH INTELLECTUAL
AND DEVELOPMENTAL DISABILITIES.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Health
and Human Services (referred to in this section as the
``Secretary''), for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $25,000,000, to remain
available until expended, for carrying out the purpose
described in subsection (b).
(b) Use of Funding.--The Secretary, acting through the
Administrator of the Administration for Community Living,
shall use amounts appropriated by subsection (a) for
necessary expenses to award grants, contracts, or cooperative
agreements to public or private nonprofit entities pursuant
to section 162 of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42 U.S.C. 15082) for
initiatives to address the behavioral health needs of
individuals with intellectual and developmental disabilities.
(c) Supplement Not Supplant.--Amounts appropriated by this
section shall be used to supplement and not supplant other
Federal, State, or local public funds to support individuals
with intellectual and developmental disabilities.
SEC. 25008. OFFICE OF THE INSPECTOR GENERAL OF THE DEPARTMENT
OF HEALTH AND HUMAN SERVICES.
In addition to amounts otherwise available, there is
appropriated to the Department of Health and Human Services
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available
until expended, for the Office of Inspector General of the
Department of Health and Human Services, for salaries and
expenses necessary for oversight, investigations, and audits
of programs, grants, and projects funded under subtitles D
and F of this title.
Subtitle G--National Service and Workforce Development in Support of
Climate Resilience and Mitigation
SEC. 26001. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
AND THE NATIONAL SERVICE TRUST.
(a) AmeriCorps State and National.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service,
$3,200,000,000, to remain available until September 30, 2026,
which shall be used to make funding adjustments to existing
(as of the date of enactment of this Act) awards and make new
awards to entities (whether or not such entities are already
recipients of a grant or other agreement on the date of
enactment of this Act) to support national service programs
described in paragraphs
[[Page H6402]]
(1)(A), (2)(A), (3)(A), and (5)(A) of subsection (a), and
subsection (b)(2), of section 122 of the National and
Community Service Act of 1990 and national service programs
carrying out activities described in clauses (i), (ii),
(iii), (v), (vi), and (vii) of paragraph (4)(B) of subsection
(a) of such section, to increase living allowances and
improve benefits of participants in such programs.
(2) Requirements.--For the purposes of carrying out
paragraph (1)--
(A) the Corporation shall waive the requirements described
in section 121(e)(1) of the National and Community Service
Act of 1990, in whole or in part, if a recipient of a grant
or other agreement for such a national service program
demonstrates--
(i) the recipient will serve underserved or low-income
communities, and a significant percentage of participants in
such program are low-income individuals; and
(ii) without such waiver, the recipient cannot meet the
requirements of this section;
(B) section 189(a) of such Act shall be applied by
substituting ``125 percent of the amount of the minimum
living allowance of a full-time participant per full-time
equivalent position'' for ``$18,000 per full-time equivalent
position''; and
(C) section 140(a)(1) of such Act shall be applied by
substituting ``200 percent of the poverty line'' for ``the
average annual subsistence allowance provided to VISTA
volunteers under section 105 of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4955)''.
(b) State Commissions.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service, $400,000,000,
to remain available until September 30, 2026, which shall be
used to make funding adjustments to existing (as of the date
of enactment of this Act) awards and make new awards to
States to establish or operate State Commissions on National
and Community Service.
(2) Match waiver.--For the purposes of carrying out
paragraph (1), the Corporation shall waive the matching
requirement described in section 126(a)(2) of the National
and Community Service Act of 1990, in whole or in part, for a
State Commission, if such State Commission demonstrates need
for such waiver.
(c) National Civilian Community Corps.--In addition to
amounts otherwise available, there is appropriated for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to the Corporation for National and Community
Service, $80,000,000, to remain available until September 30,
2029, which shall be used to increase the living allowance
and benefits of participants in the National Civilian
Community Corps authorized under section 152 of the National
and Community Service Act of 1990.
(d) AmeriCorps Vista.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service, $600,000,000
to remain available until September 30, 2029, which shall be
used to increase the subsistence allowances and improve
benefits of participants in the Volunteers in Service to
America program authorized under section 102 of the Domestic
Volunteer Service Act of 1973.
(2) Requirement.--For purposes of carrying out paragraph
(1)--
(A) section 105(b)(2)(A) of the Domestic Volunteer Service
Act of 1973 shall be applied by substituting ``200 percent''
for ``95 percent''; and
(B) section 105(b)(2)(B) of the Domestic Volunteer Service
Act of 1973 shall be applied by substituting ``210 percent''
for ``105 percent''.
(e) National Service in Support of Climate Resilience and
Mitigation.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service,
$6,915,000,000, which shall be used for the purposes
specified in paragraph (3).
(2) Availability of funds.--Amounts appropriated under
paragraph (1) shall--
(A) be available until September 30, 2026, for national
service programs described in paragraphs (1)(A), (2)(A),
(3)(A), and (5)(A) of subsection (a), and subsection (b)(2),
of section 122 of the National and Community Service Act of
1990 and national service programs carrying out activities
described in clauses (i), (ii), (iii), (v), (vi), and (vii)
of paragraph (4)(B) of subsection (a) of such section; and
(B) be available until September 30, 2029, for National
Civilian Community Corps programs authorized under section
152 of the National and Community Service Act of 1990 and
Volunteers in Service to America programs authorized under
section 102 of the Domestic Volunteer Service Act of 1973.
(3) Use of funds.--
(A) In general.--The Corporation shall use amounts
appropriated under paragraph (1) to fund programs described
in subparagraph (B) to carry out projects or activities
described in section 122(a)(3)(B) of the National and
Community Service Act of 1990.
(B) Programs.--The programs described in subparagraph (A)
shall include--
(i) national service programs described in paragraphs
(1)(A), (2)(A), (3)(A), and (5)(A) of subsection (a), and
subsection (b)(2), of section 122 of the National and
Community Service Act of 1990 and national service programs
carrying out activities described in clauses (i), (ii),
(iii), (v), (vi), and (vii) of paragraph (4)(B) of subsection
(a) of such section;
(ii) National Civilian Community Corps programs authorized
under section 152 of the National and Community Service Act
of 1990; and
(iii) Volunteers in Service to America programs authorized
under section 102 of the Domestic Volunteer Service Act of
1973.
(C) Terms.--In funding programs described in subparagraph
(A), the Corporation shall ensure--
(i) awards are made to entities that serve, and have
representation from, low-income communities or communities
experiencing (or at risk of experiencing) adverse health and
environmental conditions;
(ii) such programs utilize culturally competent and
multilingual strategies;
(iii) projects carried out through such programs are
planned with community input, and implemented by diverse
participants who are from communities being served by such
programs; and
(iv) such programs provide participants with workforce
development opportunities, such as pre-apprenticeships that
articulate to registered apprenticeship programs, and
pathways to post-service employment in high-quality jobs,
including registered apprenticeships.
(4) Requirements.--For the purposes of carrying out
paragraph (1)--
(A) in implementing national service programs described in
paragraph (3)(B)(i) and funded by the appropriations
specified in paragraph (1)--
(i) the Corporation shall waive the requirements described
in section 121(e)(1) of the National and Community Service
Act of 1990, in whole or in part, if a recipient of a grant
or other agreement for the national service program involved
demonstrates--
(I) the recipient will serve underserved or low-income
communities, and a significant percentage of participants in
such program are low-income individuals; and
(II) without such waiver, the recipient cannot meet the
requirements of this section;
(ii) section 189(a) of the National and Community Service
Act of 1990 shall be applied by substituting ``125 percent of
the amount of the minimum living allowance of a full-time
participant per full-time equivalent position'' for ``$18,000
per full-time equivalent position'';
(iii) section 140(a)(1) of the National and Community
Service Act of 1990 shall be applied by substituting ``200
percent of the poverty line'' for ``the average annual
subsistence allowance provided to VISTA volunteers under
section 105 of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4955)''; and
(iv) the Corporation shall waive the matching requirement
described in section 126(a)(2) of the National and Community
Service Act of 1990, in whole or in part, for a State
Commission, if such State Commission demonstrates need for
such waiver; and
(B) in implementing national service programs described in
paragraph (3)(B)(iii) and funded by the appropriations
specified in paragraph (1)--
(i) section 105(b)(2)(A) of the Domestic Volunteer Service
Act of 1973 shall be applied by substituting ``200 percent''
for ``95 percent''; and
(ii) section 105(b)(2)(B) of the Domestic Volunteer Service
Act of 1973 shall be applied by substituting ``210 percent''
for ``105 percent''.
(f) Administrative Costs.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service,
$1,010,400,000, to remain available until September 30, 2029,
which shall be used for Federal administrative expenses to
carry out programs and activities funded under this section,
including--
(A) corrective actions to address recommendations arising
from audits of the financial statements of the Corporation
and the National Service Trust, and, in consultation with the
Inspector General of the Corporation, the development of
fraud prevention and detection controls and risk-based anti-
fraud monitoring for grants and other financial assistance
funded under this section; and
(B) coordination of efforts and activities with the
Departments of Labor and Education to support the national
service programs funded under subsections (a), (c), (d), and
(e) in improving the readiness of participants to transition
to high-quality jobs or further education.
(2) Fiscal year 2030 program administration.--In addition
to amounts otherwise available, there is appropriated for
fiscal year 2030, out of any money in the Treasury not
otherwise appropriated, to the Corporation for National and
Community Service, $79,800,000, to remain available until
September 30, 2030, which shall be used, in fiscal year 2030,
for Federal administrative expenses to carry out programs and
activities funded under this section.
(3) Plan.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, to the
Corporation, $300,000, to remain available until September
30, 2023, which shall be used by the Chief Executive Officer
of the Corporation to--
(A) develop, publish, and implement, not later than 180
days after the date of enactment of this Act, a project,
operations, and management plan for funds appropriated under
this section; and
(B) consult with the Secretary of Labor and the Inspector
General of the Corporation in developing the plan under
subparagraph (A).
(4) Outreach.--In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service, $49,500,000,
to remain available until September 30, 2030, for outreach to
and recruitment of members from communities traditionally
underrepresented in national service programs and members of
a community experiencing a significant dislocation of
workers, including energy transition communities.
(g) Office of Inspector General.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any money
[[Page H6403]]
in the Treasury not otherwise appropriated, to the
Corporation for National and Community Service, $75,000,000,
to remain available until September 30, 2030, which shall be
used for the Office of Inspector General of the Corporation
for salaries and expenses necessary for oversight and audit
of programs and activities funded under this section.
(h) National Service Trust.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
National Service Trust, $1,150,000,000, to remain available
until September 30, 2030, for--
(A) administration of the National Service Trust; and
(B) payment to the Trust for the provision of national
service educational awards and interest expenses--
(i) for participants, for a term of service supported by
funds made available under subsection (e); and
(ii) pursuant to section 145(a)(1)(A) of the National and
Community Service Act of 1990.
(2) Supplemental educational awards.--
(A) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to the
National Service Trust, $1,660,000,000, to remain available
until September 30, 2030, for payment to the National Service
Trust for the purpose of providing a supplemental national
service educational award to an individual eligible to
receive a national service educational award pursuant to
section 146(a), and the individual's transferee pursuant to
section 148(f), of the National and Community Service Act of
1990, for a term of service that began after the date of
enactment of this Act in a national service program
(including a term of service supported by funds made
available under subsection (e)).
(B) Award availability.--The supplemental educational award
referred to in subparagraph (A) shall be available to an
individual or their transferee described in subparagraph (A)
in accordance with the paragraph (3).
(C) Calculation.--The amount of the supplemental
educational award that shall be available to an individual or
their transferee described in subparagraph (A) shall be
calculated as follows:
(i) Amount for full-time national service.--For an
individual who completes a required term of full-time
national service, or the individual's transferee--
(I) in a case in which the award year for which the
national service position is approved by the Corporation is
award year 2022-2023, 50 percent of the maximum amount of a
Federal Pell Grant under section 401 of the Higher Education
Act of 1965 that a student eligible for such Grant may
receive in the aggregate for such award year; and
(II) in a case in which the award year for which the
national service position is approved by the Corporation is
award year 2023-2024 or a subsequent award year, 50 percent
of the total maximum Federal Pell Grant under section 401 of
the Higher Education Act of 1965 that a student eligible for
such Grant may receive in the aggregate for such award year.
(ii) Amount for part-time national service.--For an
individual who completes a required term of part-time
national service, or the individual's transferee, 50 percent
of the amount determined under clause (i).
(iii) Amount for partial completion of national service.--
For an individual released from completing the full-time or
part-time term of service agreed to by the individuals, or
the individual's transferee, the portion of the amount
determined under clause (i) that corresponds to the portion
of the term of service completed by the individual.
(3) Period of availability for national service educational
awards.--
(A) In general.--Notwithstanding section 146(d) of the
National and Community Service Act of 1990, relating to a
period of time for use of a national service educational
award, or any extensions to such time period granted under
section 146(d)(2) of such Act, an individual eligible to
receive a national service educational award for a term of
service supported by funds made available under subsection
(e), or the individual's transferee, and an individual
eligible to receive a supplemental educational award
described in paragraph (2) for a term of service, or the
individual's transferee, shall not use, after September 30,
2030, the national service educational award or supplemental
educational award for the term of service involved, and the
national service educational award and supplemental
educational award shall be available for the lengths of time
described in subparagraph (B).
(B) Lengths of time.--The lengths of time described in this
subparagraph are as follows:
(i) For an individual who completes the term of service
involved by September 30, 2023 or the individual's
transferee, until the end of the 7-year period beginning on
that date.
(ii) For an individual who completes such term of service
by September 30, 2024 or the individual's transferee, until
the end of the 6-year period beginning on that date.
(iii) For an individual who completes such term of service
by September 30, 2025 or the individual's transferee, until
the end of the 5-year period beginning on that date.
(iv) For an individual who completes such term of service
by September 30, 2026 or the individual's transferee, until
the end of the 4-year period beginning on that date.
(v) For an individual who completes such term of service by
September 30, 2027 or the individual's transferee, until the
end of the 3-year period beginning on that date.
(vi) For an individual who completes such term of service
by September 30, 2028 or the individual's transferee, until
the end of the 2-year period beginning on that date.
(vii) For an individual who completes such term of service
by September 30, 2029 or the individual's transferee, until
the end of the 1-year period beginning on that date.
(i) Limitation.--The funds made available under this
section are subject to the condition that the Corporation
shall not--
(1) use such funds to make any transfer to the National
Service Trust for any use, or enter into any agreement
involving such funds--
(A) that is for a term extending beyond September 30, 2031;
or
(B) for which or under which any payment could be outlaid
after September 30, 2031; and
(2) use any other funds available to the Corporation to
liquidate obligations made under this section.
(j) Definition.--For purposes of this section, the term
``registered apprenticeship program'' means an apprenticeship
program registered with the Office of Apprenticeship of the
Employment and Training Administration of the Department of
Labor, or a State apprenticeship agency recognized by the
Office of Apprenticeship, pursuant to the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663).
SEC. 26002. WORKFORCE DEVELOPMENT IN SUPPORT OF CLIMATE
RESILIENCE AND MITIGATION.
(a) YouthBuild.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any amounts in the Treasury not
otherwise appropriated, $450,000,000, to remain available
until September 30, 2026, to support activities aligned with
high-quality employment opportunities in industry sectors or
occupations related to climate resilience or mitigation and
aligned with the activities described in subsection (e)(3) of
section 26001 by--
(1) carrying out activities described in section 171(c)(2)
of the Workforce Innovation and Opportunity Act; and
(2) improving and expanding access to services, stipends,
wages, and benefits described in subparagraphs (A)(vii) and
(F) of section 171(c)(2) of such Act.
(b) Job Corps.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any amounts in the Treasury not
otherwise appropriated, $450,000,000, to remain available
until September 30, 2026, to support activities aligned with
high-quality employment opportunities in industry sectors or
occupations related to climate resilience or mitigation and
aligned with the activities described in subsection (e)(3) of
section 26001 by--
(A) providing funds to operators and service providers to--
(i) carry out the activities and services described in
sections 148 and 149 of the Workforce Innovation and
Opportunity Act; and
(ii) improve and expand access to allowances and services
described in section 150 of such Act; and
(B) notwithstanding section 158(c) of such Act,
constructing, rehabilitating, and acquiring Job Corps centers
to support activities described in subparagraph (A).
(2) Eligibility.--For the purposes of carrying out
paragraph (1), an entity in a State or outlying area may be
eligible to be selected as an operator or service provider.
(c) Pre-apprenticeship, and Registered Apprenticeship
Programs.--
(1) Pre-apprenticeship programs.--In addition to amounts
otherwise available, there is appropriated to the Department
of Labor for fiscal year 2022, out of any amounts in the
Treasury not otherwise appropriated, $1,000,000,000, to
remain available until September 30, 2026, to carry out
activities through grants, cooperative agreements, contracts,
or other arrangements, to create or expand pre-apprenticeship
programs that articulate to registered apprenticeship
programs, are aligned with high-quality employment
opportunities in industry sectors or occupations related to
climate resilience or mitigation, and are aligned with the
activities described in subsection (e)(3) of section 26001.
(2) Pre-apprenticeship partnerships.--In addition to
amounts otherwise available, there is appropriated to the
Department of Labor for fiscal year 2022, out of any amounts
in the Treasury not otherwise appropriated, $150,000,000, to
remain available until September 30, 2026, to support
partnerships between entities carrying out pre-apprenticeship
programs that articulate to registered apprenticeship
programs and entities funded under subsection (e) of section
26001 to ensure past and current participants in programs
funded under subsection (e)(1) of section 26001 have access
to such pre-apprenticeship programs.
(3) Registered apprenticeship programs.--In addition to
amounts otherwise available, there is appropriated to the
Department of Labor for fiscal year 2022, out of any amounts
in the Treasury not otherwise appropriated, $450,000,000, to
remain available until September 30, 2026, to carry out
activities through grants, cooperative agreements, contracts,
or other arrangements, to create or expand registered
apprenticeship programs in climate-related nontraditional
apprenticeship occupations.
(4) Participants with barriers to employment and
nontraditional apprenticeship populations.--In addition to
amounts otherwise available, there is appropriated to the
Department of Labor for fiscal year 2022, out of any amounts
in the Treasury not otherwise appropriated, $350,000,000, to
remain available until September 30, 2026, for entities to
carry out pre-apprenticeship programs described in paragraph
(1), and registered apprenticeship program described in
paragraph (3), serving a high
[[Page H6404]]
number or high percentage of individuals with barriers to
employment, including individuals with disabilities, or
nontraditional apprenticeship populations.
(d) Reentry Employment Opportunities Program.--In addition
to amounts otherwise available, there is appropriated to the
Department of Labor for fiscal year 2022, out of any amounts
in the Treasury not otherwise appropriated, $1,000,000,000,
to remain available until September 30, 2026, for the Reentry
Employment Opportunities program, which amount shall be used
to support activities aligned with high-quality employment
opportunities in industry sectors or occupations related to
climate resilience or mitigation and aligned with the
activities described in subsection (e)(3) of section 26001.
(e) Paid Youth Employment Opportunities.--In addition to
amounts otherwise available, there is appropriated for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to the Department of Labor, $350,000,000, to
remain available until September 30, 2026, to carry out
activities through grants, contracts, or cooperative
agreements, for the purposes of providing in-school youth and
out-of-school youth with paid work experiences authorized
under section 129(c)(2)(C) of the Workforce Innovation and
Opportunity Act, notwithstanding section 194(10) of such Act,
that are--
(1) carried out by public agencies or private nonprofit
entities, including community-based organizations;
(2) provided in conjunction with supportive services and
other elements described in section 129(c)(2) of such Act;
(3) aligned with the activities described in subsection
(e)(3) of section 26001; and
(4) designed to prepare participants for--
(A) high-quality, unsubsidized employment opportunities in
industry sectors or occupations related to climate resilience
or mitigation;
(B) enrollment in an institution of higher education (as
defined in section 101 or 102(c) of the Higher Education Act
of 1965); and
(C) registered apprenticeship programs.
(f) Department of Labor Inspector General.--In addition to
amounts otherwise available, there is appropriated to the
Office of Inspector General of the Department of Labor for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available
until expended, for salaries and expenses necessary for
oversight, investigations, and audits of programs, grants,
and projects of the Department of Labor funded under this
section.
(g) Administration.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Department of Labor
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $69,800,000, to remain available
until September 30, 2029, for program administration within
the Department of Labor for salaries and expenses necessary
to implement this section.
(2) Plan.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, to the Department
of Labor, $200,000, to remain available until September 30,
2023, which shall be used by the Secretary to--
(A) develop, publish, and implement, not later than 180
days after the date of enactment of this Act, a project,
operations, and management plan for funds appropriated under
this section; and
(B) consult with the Chief Executive Officer of the
Corporation for National and Community Service in developing
the plan under subparagraph (A).
(h) Definition.--For purposes of this section:
(1) Climate-related nontraditional apprenticeship
occupation.--The term ``climate-related nontraditional
apprenticeship occupation'' means an apprenticeable
occupation--
(A) that aligns with the activities described in subsection
(e)(3) of section 26001;
(B) in an industry sector that trains less than 10 percent
of all civilian registered apprentices as of the date of the
enactment of this Act; and
(C) that is related to climate resilience or mitigation.
(2) Registered apprenticeship program.-- The term
``registered apprenticeship program'' means an apprenticeship
program registered with the Office of Apprenticeship of the
Employment and Training Administration of the Department of
Labor, or a State apprenticeship agency recognized by the
Office of Apprenticeship, pursuant to the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663).
(3) Wioa definitions.--The terms ``community-based
organization'', ``individual with a barrier to employment'',
``in-school youth'', ``outlying area'', and ``out-of-school
youth'' have the meanings given such terms in paragraphs
(10), (24), (27), (45), and (46), respectively, of section 3
of the Workforce Innovation and Opportunity Act.
Subtitle H--Prescription Drug Coverage Provisions
SEC. 27001. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR
CERTAIN INSULIN PRODUCTS.
(a) In General.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following:
``SEC. 726. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR
CERTAIN INSULIN PRODUCTS.
``(a) In General.--For plan years beginning on or after
January 1, 2023, a group health plan or health insurance
issuer offering group health insurance coverage shall provide
coverage of selected insulin products, and with respect to
such products, shall not--
``(1) apply any deductible; or
``(2) impose any cost-sharing in excess of the lesser of,
per 30-day supply--
``(A) $35; or
``(B) the amount equal to 25 percent of the negotiated
price of the selected insulin product net of all price
concessions received by or on behalf of the plan or coverage,
including price concessions received by or on behalf of
third-party entities providing services to the plan or
coverage, such as pharmacy benefit management services.
``(b) Definitions.--In this section:
``(1) Selected insulin products.--The term `selected
insulin products' means at least one of each dosage form
(such as vial, pump, or inhaler dosage forms) of each
different type (such as rapid-acting, short-acting,
intermediate-acting, long-acting, ultra long-acting, and
premixed) of insulin (as defined below), when available, as
selected by the group health plan or health insurance issuer.
``(2) Insulin defined.--The term `insulin' means insulin
that is licensed under subsection (a) or (k) of section 351
of the Public Health Service Act (42 U.S.C. 262) and
continues to be marketed under such section, including any
insulin product that has been deemed to be licensed under
section 351(a) of such Act pursuant to section 7002(e)(4) of
the Biologics Price Competition and Innovation Act of 2009
(Public Law 111-148) and continues to be marketed pursuant to
such licensure.
``(c) Out-of-network Providers.--Nothing in this section
requires a plan or issuer that has a network of providers to
provide benefits for selected insulin products described in
this section that are delivered by an out-of-network
provider, or precludes a plan or issuer that has a network of
providers from imposing higher cost-sharing than the levels
specified in subsection (a) for selected insulin products
described in this section that are delivered by an out-of-
network provider.
``(d) Rule of Construction.--Subsection (a) shall not be
construed to require coverage of, or prevent a group health
plan or health insurance coverage from imposing cost-sharing
other than the levels specified in subsection (a) on, insulin
products that are not selected insulin products, to the
extent that such coverage is not otherwise required and such
cost-sharing is otherwise permitted under Federal and
applicable State law.
``(e) Application of Cost-sharing Towards Deductibles and
Out-of-pocket Maximums.--Any cost-sharing payments made
pursuant to subsection (a)(2) shall be counted toward any
deductible or out-of-pocket maximum that applies under the
plan or coverage.''.
(b) Clerical Amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item
relating to section 725 the following:
``Sec. 726. Requirements with respect to cost-sharing for certain
insulin products.''.
SEC. 27002. OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES.
(a) In General.--Subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et
seq.) is amended--
(1) in subpart B of part 7 (29 U.S.C. 1185 et seq.), by
adding at the end the following:
``SEC. 727. OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES.
``(a) In General.--For plan years beginning on or after
January 1, 2023, a group health plan (or health insurance
issuer offering group health insurance coverage in connection
with such a plan) or an entity or subsidiary providing
pharmacy benefits management services on behalf of such a
plan or issuer shall not enter into a contract with a drug
manufacturer, distributor, wholesaler, subcontractor, rebate
aggregator, or any associated third party that limits the
disclosure of information to plan sponsors in such a manner
that prevents the plan or issuer, or an entity or subsidiary
providing pharmacy benefits management services on behalf of
a plan or issuer, from making the reports described in
subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after
January 1, 2023, not less frequently than once every 6
months, a health insurance issuer offering group health
insurance coverage or an entity providing pharmacy benefits
management services on behalf of a group health plan or an
issuer providing group health insurance coverage shall submit
to the plan sponsor (as defined in section 3(16)(B)) of such
group health plan or group health insurance coverage a report
in accordance with this subsection and make such report
available to the plan sponsor in a machine-readable format.
Each such report shall include, with respect to the
applicable group health plan or health insurance coverage--
``(A) as applicable, information collected from drug
manufacturers by such issuer or entity on the total amount of
copayment assistance dollars paid, or copayment cards
applied, that were funded by the drug manufacturer with
respect to the participants and beneficiaries in such plan or
coverage;
``(B) a list of each drug covered by such plan, issuer, or
entity providing pharmacy benefit management services that
was dispensed during the reporting period, including, with
respect to each such drug during the reporting period--
``(i) the brand name, chemical entity, and National Drug
Code;
``(ii) the number of participants and beneficiaries for
whom the drug was filled during the plan year, the total
number of prescription fills for the drug (including original
prescriptions and refills), and the total number of dosage
units of the drug dispensed across the plan year, including
whether the dispensing channel was by retail, mail order, or
specialty pharmacy;
``(iii) the wholesale acquisition cost, listed as cost per
days supply and cost per pill, or in the case of a drug in
another form, per dose;
[[Page H6405]]
``(iv) the total out-of-pocket spending by participants and
beneficiaries on such drug, including participant and
beneficiary spending through copayments, coinsurance, and
deductibles; and
``(v) for any drug for which gross spending of the group
health plan or health insurance coverage exceeded $10,000
during the reporting period--
``(I) a list of all other drugs in the same therapeutic
category or class, including brand name drugs and biological
products and generic drugs or biosimilar biological products
that are in the same therapeutic category or class as such
drug; and
``(II) the rationale for preferred formulary placement of
such drug in that therapeutic category or class;
``(C) a list of each therapeutic category or class of drugs
that were dispensed under the health plan or health insurance
coverage during the reporting period, and, with respect to
each such therapeutic category or class of drugs, during the
reporting period--
``(i) total gross spending by the plan, before manufacturer
rebates, fees, or other manufacturer remuneration;
``(ii) the number of participants and beneficiaries who
filled a prescription for a drug in that category or class;
``(iii) if applicable to that category or class, a
description of the formulary tiers and utilization mechanisms
(such as prior authorization or step therapy) employed for
drugs in that category or class;
``(iv) the total out-of-pocket spending by participants and
beneficiaries, including participant and beneficiary spending
through copayments, coinsurance, and deductibles; and
``(v) for each therapeutic category or class under which 3
or more drugs are included on the formulary of such plan or
coverage--
``(I) the amount received, or expected to be received, from
drug manufacturers in rebates, fees, alternative discounts,
or other remuneration--
``(aa) to be paid by drug manufacturers for claims incurred
during the reporting period; or
``(bb) that is related to utilization of drugs, in such
therapeutic category or class;
``(II) the total net spending, after deducting rebates,
price concessions, alternative discounts or other
remuneration from drug manufacturers, by the health plan or
health insurance coverage on that category or class of drugs;
and
``(III) the net price per course of treatment or single
fill, such as a 30-day supply or 90-day supply, incurred by
the health plan or health insurance coverage and its
participants and beneficiaries, after manufacturer rebates,
fees, and other remuneration for drugs dispensed within such
therapeutic category or class during the reporting period;
``(D) total gross spending on prescription drugs by the
plan or coverage during the reporting period, before rebates
and other manufacturer fees or remuneration;
``(E) total amount received, or expected to be received, by
the health plan or health insurance coverage in drug
manufacturer rebates, fees, alternative discounts, and all
other remuneration received from the manufacturer or any
third party, other than the plan sponsor, related to
utilization of drug or drug spending under that health plan
or health insurance coverage during the reporting period;
``(F) the total net spending on prescription drugs by the
health plan or health insurance coverage during the reporting
period; and
``(G) amounts paid directly or indirectly in rebates, fees,
or any other type of remuneration to brokers, consultants,
advisors, or any other individual or firm who referred the
group health plan's or health insurance issuer's business to
the pharmacy benefit manager.
``(2) Privacy requirements.--Health insurance issuers
offering group health insurance coverage and entities
providing pharmacy benefits management services on behalf of
a group health plan shall provide information under paragraph
(1) in a manner consistent with the privacy, security, and
breach notification regulations promulgated under section
264(c) of the Health Insurance Portability and Accountability
Act of 1996, and shall restrict the use and disclosure of
such information according to such privacy regulations.
``(3) Disclosure and redisclosure.--
``(A) Limitation to business associates.--A group health
plan receiving a report under paragraph (1) may disclose such
information only to business associates of such plan as
defined in section 160.103 of title 45, Code of Federal
Regulations (or successor regulations).
``(B) Clarification regarding public disclosure of
information.--Nothing in this section prevents a health
insurance issuer offering group health insurance coverage or
an entity providing pharmacy benefits management services on
behalf of a group health plan from placing reasonable
restrictions on the public disclosure of the information
contained in a report described in paragraph (1), except that
such issuer or entity may not restrict disclosure of such
report to the Department of Health and Human Services, the
Department of Labor, or the Department of the Treasury.
``(C) Limited form of report.--The Secretary shall define
through rulemaking a limited form of the report under
paragraph (1) required of plan sponsors who are drug
manufacturers, drug wholesalers, or other direct participants
in the drug supply chain, in order to prevent anti-
competitive behavior.
``(4) Report to gao.--A health insurance issuer offering
group health insurance coverage or an entity providing
pharmacy benefits management services on behalf of a group
health plan shall submit to the Comptroller General of the
United States each of the first 4 reports submitted to a plan
sponsor under paragraph (1) with respect to such coverage or
plan, and other such reports as requested, in accordance with
the privacy requirements under paragraph (2) and the
disclosure and redisclosure standards under paragraph (3),
and such other information that the Comptroller General
determines necessary to carry out the study under section
30606(b) of the Act entitled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14'.
``(c) Enforcement.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services and the Secretary of
the Treasury, shall enforce this section.
``(2) Failure to provide timely information.--A health
insurance issuer or an entity providing pharmacy benefit
management services that violates subsection (a) or fails to
provide information required under subsection (b), or a drug
manufacturer that fails to provide information under
subsection (b)(1)(A) in a timely manner, shall be subject to
a civil monetary penalty in the amount of $10,000 for each
day during which such violation continues or such information
is not disclosed or reported.
``(3) False information.--A health insurance issuer, entity
providing pharmacy benefit management services, or drug
manufacturer that knowingly provides false information under
this section shall be subject to a civil money penalty in an
amount not to exceed $100,000 for each item of false
information. Such civil money penalty shall be in addition to
other penalties as may be prescribed by law.
``(4) Procedure.--The provisions of section 1128A of the
Social Security Act, other than subsection (a) and (b) and
the first sentence of subsection (c)(1) of such section shall
apply to civil monetary penalties under this subsection in
the same manner as such provisions apply to a penalty or
proceeding under section 1128A of the Social Security Act.
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance
with a requirement of this section, for an entity in
violation of this section that has made a good-faith effort
to comply with this section.
``(d) Rule of Construction.--Nothing in this section shall
be construed to permit a health insurance issuer, group
health plan, or other entity to restrict disclosure to, or
otherwise limit the access of, the Department of Labor to a
report described in subsection (b)(1) or information related
to compliance with subsection (a) by such issuer, plan, or
entity.
``(e) Definition.--In this section, the term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act.''; and
(2) in section 502(b)(3) (29 U.S.C. 1132(b)(3)), by
inserting ``(other than section 727)'' after ``part 7''.
(b) Clerical Amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item
relating to section 726 the following new item:
``Sec. 727. Oversight of pharmacy benefit manager services.''.
TITLE III--COMMITTEE ON ENERGY AND COMMERCE
Subtitle A--Air Pollution
SEC. 30101. CLEAN HEAVY-DUTY VEHICLES.
The Clean Air Act is amended by inserting after section 131
of such Act (42 U.S.C. 7431) the following:
``SEC. 132. CLEAN HEAVY-DUTY VEHICLES.
``(a) Appropriations.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,000,000,000, to remain available
until September 30, 2031, to carry out this section.
``(2) Nonattainment areas.--In addition to amounts
otherwise available, there is appropriated to the
Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,000,000,000, to
remain available until September 30, 2031, to make awards
under this section to eligible recipients and to eligible
contractors that propose to replace eligible vehicles to
serve 1 or more communities located in an air quality area
designated pursuant to section 107 as nonattainment for any
air pollutant.
``(3) Reservation.--Of the funds appropriated by paragraph
(1), the Administrator shall reserve 3 percent for
administrative costs necessary to carry out this section.
``(b) Program.--Beginning not later than 180 days after the
date of enactment of this section, the Administrator shall
implement a program to make awards of grants and rebates to
eligible recipients, and to make awards of contracts to
eligible contractors for providing rebates, for up to 100
percent of costs for--
``(1) replacing eligible vehicles with zero-emission
vehicles;
``(2) purchasing, installing, operating, and maintaining
infrastructure needed to charge, fuel, or maintain zero-
emission vehicles;
``(3) workforce development and training to support the
maintenance, charging, fueling, and operation of zero-
emission vehicles; and
``(4) planning and technical activities to support the
adoption and deployment of zero-emission vehicles.
``(c) Applications.--To seek an award under this section,
an eligible recipient or eligible contractor shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the Administrator
shall prescribe.
``(d) Definitions.--For purposes of this section:
``(1) Eligible contractor.--The term `eligible contractor'
means a contractor that has the capacity--
``(A) to sell zero-emission vehicles, or charging or other
equipment needed to charge, fuel, or
[[Page H6406]]
maintain zero-emission vehicles, to individuals or entities
that own an eligible vehicle; or
``(B) to arrange financing for such a sale.
``(2) Eligible recipient.--The term `eligible recipient'
means--
``(A) a State;
``(B) a municipality;
``(C) an Indian tribe; or
``(D) a nonprofit school transportation association.
``(3) Eligible vehicle.--The term `eligible vehicle' means
a Class 6 or Class 7 heavy-duty vehicle as defined in section
1037.801 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this section).
``(4) Zero-emission vehicle.--The term `zero-emission
vehicle' means a vehicle that has a drivetrain that produces,
under any possible operational mode or condition, zero
exhaust emissions of--
``(A) any air pollutant that is listed pursuant to section
108(a) (or any precursor to such an air pollutant); and
``(B) any greenhouse gas.''.
SEC. 30102. GRANTS TO REDUCE AIR POLLUTION AT PORTS.
The Clean Air Act is amended by inserting after section 132
of such Act, as added by section 30101 of this Act, the
following:
``SEC. 133. GRANTS TO REDUCE AIR POLLUTION AT PORTS.
``(a) Appropriations.--
``(1) General assistance.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $2,625,000,000, to remain available
until September 30, 2027, to award rebates and grants to
eligible recipients on a competitive basis--
``(A) to purchase or install zero-emission port equipment
or technology for use at, or to directly serve, one or more
ports;
``(B) to conduct any relevant planning or permitting in
connection with the purchase or installation of such zero-
emission port equipment or technology; and
``(C) to develop qualified climate action plans.
``(2) Nonattainment areas.--In addition to amounts
otherwise available, there is appropriated to the
Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $875,000,000, to remain
available until September 30, 2027, to award rebates and
grants to eligible recipients to carry out activities
described in paragraph (1) with respect to ports located in
air quality areas designated pursuant to section 107 as
nonattainment for an air pollutant.
``(b) Limitation.--Funds awarded under this section shall
not be used by any recipient or subrecipient to purchase or
install zero-emission port equipment or technology that will
not be located at, or directly serve, the one or more ports
involved.
``(c) Administration of Funds.--Of the funds made available
by this section, the Administrator shall reserve 2 percent
for administrative costs necessary to carry out this section.
``(d) Definitions.--In this section:
``(1) Eligible recipient.--The term `eligible recipient'
means--
``(A) a port authority;
``(B) a State, regional, local, or Tribal agency that has
jurisdiction over a port authority or a port;
``(C) an air pollution control agency; or
``(D) a private entity (including a nonprofit organization)
that--
``(i) applies for a grant under this section in partnership
with an entity described in any of subparagraphs (A) through
(C); and
``(ii) owns, operates, or uses the facilities, cargo-
handling equipment, transportation equipment, or related
technology of a port.
``(2) Qualified climate action plan.--The term `qualified
climate action plan' means a detailed and strategic plan
that--
``(A) establishes goals, implementation strategies, and
accounting and inventory practices (including practices used
to measure progress toward stated goals) to reduce emissions
at one or more ports of--
``(i) greenhouse gases;
``(ii) an air pollutant that is listed pursuant to section
108(a) (or any precursor to such an air pollutant); and
``(iii) hazardous air pollutants;
``(B) includes a strategy to collaborate with, communicate
with, and address potential effects on stakeholders that may
be affected by implementation of the plan, including low-
income and disadvantaged near-port communities; and
``(C) describes how an eligible recipient has implemented
or will implement measures to increase the resilience of the
one or more ports involved, including measures related to
withstanding and recovering from extreme weather events.
``(3) Zero-emission port equipment or technology.--The term
`zero-emission port equipment or technology' means human-
operated equipment or human-maintained technology that--
``(A) produces zero emissions of any air pollutant that is
listed pursuant to section 108(a) (or any precursor to such
an air pollutant) and any greenhouse gas other than water
vapor; or
``(B) captures 100 percent of the emissions described in
subparagraph (A) that are produced by an ocean-going vessel
at berth.''.
SEC. 30103. GREENHOUSE GAS REDUCTION FUND.
The Clean Air Act is amended by inserting after section 133
of such Act, as added by section 30102 of this Act, the
following:
``SEC. 134. GREENHOUSE GAS REDUCTION FUND.
``(a) Appropriations.--
``(1) Zero-emission technologies.--In addition to amounts
otherwise available, there is appropriated to the
Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $7,000,000,000, to
remain available until September 30, 2024, to make grants, on
a competitive basis and beginning not later than 180 calendar
days after the date of enactment of this section, to States,
municipalities, Tribal governments, and eligible recipients
for the purposes of providing grants, loans, or other forms
of financial assistance, as well as technical assistance, to
enable low-income and disadvantaged communities to deploy or
benefit from zero-emission technologies, including
distributed technologies on residential rooftops, and to
carry out other greenhouse gas emission reduction activities,
as determined appropriate by the Administrator in accordance
with this section.
``(2) Zero-emission vehicle supply equipment.--In addition
to amounts otherwise available, there is appropriated to the
Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,000,000,000, to
remain available until September 30, 2024, to make grants, on
a competitive basis and beginning not later than 180 calendar
days after the date of enactment of this section, to States,
municipalities, Tribal governments, and eligible recipients
to support the purchase, installation, or operation of
publicly available equipment to charge or fuel light-duty
zero-emission vehicles, including in low-income and
disadvantaged communities, through grants, rebates, or other
forms of financial assistance, and to carry out related
greenhouse gas emission reduction activities, as determined
appropriate by the Administrator in accordance with this
section.
``(3) General assistance.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $11,970,000,000, to remain available
until September 30, 2024, to make grants, on a competitive
basis and beginning not later than 180 calendar days after
the date of enactment of this section, to eligible recipients
for the purposes of providing financial assistance and
technical assistance in accordance with subsection (b).
``(4) Low-income and disadvantaged communities.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$8,000,000,000, to remain available until September 30, 2024,
to make grants, on a competitive basis and beginning not
later than 180 calendar days after the date of enactment of
this section, to eligible recipients for the purposes of
providing financial assistance and technical assistance in
low-income and disadvantaged communities in accordance with
subsection (b).
``(5) Administrative costs.--In addition to amounts
otherwise available, there is appropriated to the
Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $30,000,000, to remain
available until September 30, 2031, for the administrative
costs necessary to carry out activities under this section.
``(b) Use of Funds.--An eligible recipient that receives a
grant pursuant to subsection (a) shall use the grant in
accordance with the following:
``(1) Direct investment.--The eligible recipient shall--
``(A) use a broad range of finance and investment tools to
provide financial assistance to qualified projects at the
national, regional, State, and local levels, including, as
applicable, through both concessionary and market rate
financing;
``(B) prioritize investment in qualified projects that
would otherwise lack access to financing;
``(C) retain, manage, recycle, and monetize all repayments
and other revenue received from fees, interest, repaid loans,
and all other types of financial assistance provided using
grant funds under this section to ensure continued
operability; and
``(D) meet any requirements set forth by the Administrator
to ensure accountability and proper management of funds
appropriated by this section.
``(2) Indirect investment.--The eligible recipient shall
provide funding and technical assistance to establish new or
support existing public, quasi-public, or nonprofit entities
that provide financial assistance to qualified projects at
the State, local, territorial, or Tribal level or in the
District of Columbia, including community- and low-income-
focused lenders and capital providers.
``(c) Definitions.--In this section:
``(1) Eligible recipient.--The term `eligible recipient'
means a nonprofit organization that--
``(A) is designed to provide capital, including by
leveraging private capital, and other forms of financial
assistance for the rapid deployment of low- and zero-emission
products, technologies, and services;
``(B) does not take deposits other than deposits from
repayments and other revenue received from financial
assistance provided using grant funds under this section;
``(C) is funded by public or charitable contributions; and
``(D) invests in or finances projects alone or in
conjunction with other investors.
``(2) Qualified project.--The term `qualified project'
includes any project, activity, or technology that--
``(A) reduces or avoids greenhouse gas emissions and other
forms of air pollution in partnership with, and by leveraging
investment from, the private sector; or
``(B) assists communities in the efforts of those
communities to reduce or avoid greenhouse gas emissions and
other forms of air pollution.
``(3) Publicly available equipment.--The term `publicly
available equipment' means equipment that--
``(A) is located at a multi-unit housing structure;
[[Page H6407]]
``(B) is located at a workplace and is available to
employees of such workplace or employees of a nearby
workplace; or
``(C) is at a location that is publicly accessible for a
minimum of 12 hours per day at least 5 days per week and
networked or otherwise capable of being monitored remotely.
``(4) Zero-emission technology.--The term `zero-emission
technology' means any technology that produces zero emissions
of--
``(A) any air pollutant that is listed pursuant to section
108(a) (or any precursor to such an air pollutant); and
``(B) any greenhouse gas.
``(5) Zero-emission vehicle.--The term `zero-emission
vehicle' means a vehicle that has a drivetrain that produces,
under any possible operational mode or condition, zero
exhaust emissions of--
``(A) any air pollutant that is listed pursuant to section
108(a) (or any precursor to such an air pollutant); and
``(B) any greenhouse gas.''.
SEC. 30104. COLLABORATIVE COMMUNITY WILDFIRE AIR GRANTS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$150,000,000, to remain available until September 30, 2031,
for grants authorized under subsections (a) through (c) of
section 103 of the Clean Air Act (42 U.S.C. 7403(a)-(c)) to
assist eligible entities in developing and implementing
collaborative community plans to prepare for smoke from
wildfires, reduce risks of smoke exposure due to wildfires,
and mitigate the health and environmental effects of smoke
from wildfires.
(b) Technical Assistance.--The Administrator of the
Environmental Protection Agency may use amounts made
available under subsection (a) to provide technical
assistance to any eligible entity in--
(1) submitting an application for a grant to be made
pursuant to this section; or
(2) carrying out a project using a grant made pursuant to
this section.
(c) Administrative Costs.--Of the amounts made available
under subsection (a), the Administrator of the Environmental
Protection Agency shall reserve 5 percent for administrative
costs to carry out this section.
(d) Eligible Entities.--In this section, the term
``eligible entity'' means a State, an air pollution control
agency, a municipality, or an Indian tribe (as such terms are
defined in section 302 of the Clean Air Act (42 U.S.C.
7602)).
SEC. 30105. DIESEL EMISSIONS REDUCTIONS.
(a) Goods Movement.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$60,000,000, to remain available until September 30, 2031,
for grants, rebates, and loans under section 792 of the
Energy Policy Act of 2005 (42 U.S.C. 16132) to identify and
reduce diesel emissions resulting from goods movement
facilities, and vehicles servicing goods movement facilities,
in low-income and disadvantaged communities to address the
health impacts of such emissions on such communities.
(b) Administrative Costs.--The Administrator of the
Environmental Protection Agency shall reserve 2 percent of
the amounts made available under this section for the
administrative costs necessary to carry out activities
pursuant to this section.
SEC. 30106. FUNDING TO ADDRESS AIR POLLUTION.
(a) Appropriations.--
(1) Fenceline air monitoring and screening air
monitoring.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$117,500,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405) to deploy, integrate,
support, and maintain fenceline air monitoring, screening air
monitoring, national air toxics trend stations, and other air
toxics and community monitoring.
(2) Multipollutant monitoring stations.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available
until September 30, 2031, for grants and other activities
authorized under subsections (a) through (c) of section 103
and section 105 of the Clean Air Act (42 U.S.C. 7403(a)-(c),
7405)--
(A) to expand the national ambient air quality monitoring
network with new multipollutant monitoring stations; and
(B) to replace, repair, operate, and maintain existing
monitors.
(3) Air quality sensors in low-income and disadvantaged
communities.--In addition to amounts otherwise available,
there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$3,000,000, to remain available until September 30, 2031, for
grants and other activities authorized under subsections (a)
through (c) of section 103 and section 105 of the Clean Air
Act (42 U.S.C. 7403(a)-(c), 7405) to deploy, integrate, and
operate air quality sensors in low-income and disadvantaged
communities.
(4) Emissions from wood heaters.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $15,000,000, to remain available
until September 30, 2031, for grants and other activities
authorized under subsections (a) through (c) of section 103
and section 105 of the Clean Air Act (42 U.S.C. 7403(a)-(c),
7405) for testing and other agency activities to address
emissions from wood heaters.
(5) Methane monitoring.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405) for monitoring
emissions of methane.
(6) Clean air act grants.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$25,000,000, to remain available until September 30, 2031,
for grants and other activities authorized under subsections
(a) through (c) of section 103 and section 105 of the Clean
Air Act (42 U.S.C. 7403(a)-(c), 7405).
(7) Other activities.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$45,000,000, to remain available until September 30, 2031, to
carry out, with respect to greenhouse gases, sections 111,
115, 165, 177, 202, 211, 213, 231, and 612 of the Clean Air
Act (42 U.S.C. 7411, 7415, 7475, 7507, 7521, 7545, 7547,
7571, and 7671k).
(8) Greenhouse gas and zero-emission standards for mobile
sources.--In addition to amounts otherwise available, there
is appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $5,000,000, to
remain available until September 30, 2031, to provide grants
to States to adopt and implement greenhouse gas and zero-
emission standards for mobile sources pursuant to section 177
of the Clean Air Act (42 U.S.C. 7507).
(b) Administration of Funds.--Of the funds made available
pursuant to paragraphs (1), (2), (5) and (6) of subsection
(a), the Administrator of the Environmental Protection Agency
shall reserve 5 percent for activities funded pursuant to
such subsection other than grants.
SEC. 30107. FUNDING TO ADDRESS AIR POLLUTION AT SCHOOLS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$37,500,000, to remain available until September 30, 2031,
for grants and other activities to monitor and reduce air
pollution and greenhouse gas emissions at schools in low-
income and disadvantaged communities under subsections (a)
through (c) of section 103 of the Clean Air Act (42 U.S.C.
7403(a)-(c)) and section 105 of that Act (42 U.S.C. 7405).
(b) Technical Assistance.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$12,500,000, to remain available until September 30, 2031,
for providing technical assistance to schools in low-income
and disadvantaged communities under subsections (a) through
(c) of section 103 of the Clean Air Act (42 U.S.C. 7403(a)-
(c)) and section 105 of that Act (42 U.S.C. 7405)--
(1) to address environmental issues;
(2) to develop school environmental quality plans that
include standards for school building, design, construction,
and renovation; and
(3) to identify and mitigate ongoing air pollution hazards.
SEC. 30108. LOW EMISSIONS ELECTRICITY PROGRAM.
The Clean Air Act is amended by inserting after section 134
of such Act, as added by section 30103 of this Act, the
following:
``SEC. 135. LOW EMISSIONS ELECTRICITY PROGRAM.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, to remain available until September
30, 2031--
``(1) $17,000,000 for consumer-related education and
partnerships with respect to reductions in greenhouse gas
emissions that result from domestic electricity generation
and use;
``(2) $17,000,000 for education, technical assistance, and
partnerships within low-income and disadvantaged communities
with respect to reductions in greenhouse gas emissions that
result from domestic electricity generation and use;
``(3) $17,000,000 for industry-related outreach and
technical assistance, including through partnerships, with
respect to reductions in greenhouse gas emissions that result
from domestic electricity generation and use;
``(4) $17,000,000 for outreach and technical assistance to
State and local governments, including through partnerships,
with respect to reductions in greenhouse gas emissions that
result from domestic electricity generation and use;
``(5) $1,000,000 to assess, not later than 1 year after the
date of enactment of this section, the reductions in
greenhouse gas emissions that result from changes in domestic
electricity generation and use that are anticipated to occur
on an annual basis through fiscal year 2031; and
``(6) $18,000,000 to carry out this section to ensure that
reductions in greenhouse gas emissions from domestic
electricity generation and use are
[[Page H6408]]
achieved through use of the authorities of this Act,
including through the establishment of requirements under
this Act, incorporating the assessment under paragraph (5) as
a baseline.
``(b) Administration of Funds.--Of the amounts made
available under subsection (a), the Administrator shall
reserve 2 percent for the administrative costs necessary to
carry out activities pursuant to that subsection.''.
SEC. 30109. FUNDING FOR SECTION 211(O) OF THE CLEAN AIR ACT.
(a) Test and Protocol Development.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $5,000,000, to remain available until
September 30, 2031, to carry out section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) with respect to--
(1) the development and establishment of tests and
protocols regarding the environmental and public health
effects of a fuel or fuel additive;
(2) internal and extramural data collection and analyses to
regularly update applicable regulations, guidance, and
procedures for determining lifecycle greenhouse gas emissions
of a fuel; and
(3) the review, analysis and evaluation of the impacts of
all transportation fuels, including fuel lifecycle
implications, on the general public and on low-income and
disadvantaged communities.
(b) Investments in Advanced Biofuels.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $10,000,000, to remain available
until September 30, 2031, for new grants to industry and
other related activities under section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) to support investments in
advanced biofuels.
SEC. 30110. FUNDING FOR IMPLEMENTATION OF THE AMERICAN
INNOVATION AND MANUFACTURING ACT.
(a) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2026, to
carry out subsections (a) through (i) and subsection (k) of
section 103 of division S of Public Law 116-260 (42 U.S.C.
7675).
(2) Implementation and compliance tools.--In addition to
amounts otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,500,000, to remain available until
September 30, 2026, to deploy new implementation and
compliance tools to carry out subsections (a) through (i) and
subsection (k) of section 103 of division S of Public Law
116-260 (42 U.S.C. 7675).
(3) Competitive grants.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available until September 30, 2026,
for competitive grants for reclaim and innovative destruction
technologies under subsections (a) through (i) and subsection
(k) of section 103 of division S of Public Law 116-260 (42
U.S.C. 7675).
(b) Administration of Funds.--Of the funds made available
pursuant to subsection (a)(3), the Administrator of the
Environmental Protection Agency shall reserve 5 percent for
administrative costs necessary to carry out activities
pursuant to such subsection.
SEC. 30111. FUNDING FOR ENFORCEMENT TECHNOLOGY AND PUBLIC
INFORMATION.
(a) Compliance Monitoring.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $37,000,000, to remain available
until September 30, 2031, to update the Integrated Compliance
Information System of the Environmental Protection Agency and
any associated systems, necessary information technology
infrastructure, or public access software tools to ensure
access to compliance data and related information.
(b) Communications With ICIS.--In addition to amounts
otherwise available, there is appropriated to the
Administrator of the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $7,000,000, to remain available until
September 30, 2031, for grants to States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)) to update
their systems to ensure communication with the Integrated
Compliance Information System of the Environmental Protection
Agency and any associated systems.
(c) Inspection Software.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$6,000,000, to remain available until September 30, 2031--
(1) to acquire or update inspection software for use by the
Environmental Protection Agency, States, Indian tribes, and
air pollution control agencies (as such terms are defined in
section 302 of the Clean Air Act (42 U.S.C. 7602)); or
(2) to acquire necessary devices on which to run such
inspection software.
SEC. 30112. GREENHOUSE GAS CORPORATE REPORTING.
In addition to amounts otherwise available, there is
appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $5,000,000, to
remain available until September 30, 2031, for the
Environmental Protection Agency to support--
(1) enhanced standardization and transparency of corporate
climate action commitments and plans to reduce greenhouse gas
emissions;
(2) enhanced transparency regarding progress toward meeting
such commitments and implementing such plans; and
(3) progress toward meeting such commitments and
implementing such plans.
SEC. 30113. ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to develop and carry out a program to support the
development, and enhanced standardization and transparency,
of environmental product declarations for construction
materials and products, including by--
(1) providing grants to businesses that manufacture
construction materials and products for developing and
verifying environmental product declarations, and to States,
Indian Tribes, and nonprofit organizations that will support
such businesses;
(2) providing technical assistance to businesses that
manufacture construction materials and products in developing
and verifying environmental product declarations, and to
States, Indian Tribes, and nonprofit organizations that will
support such businesses; and
(3) carrying out other activities that assist in measuring,
reporting, and steadily reducing the quantity of embodied
carbon of construction materials and products.
(b) Administrative Costs.--Of the amounts made available
under this section, the Administrator of the Environmental
Protection Agency shall reserve 5 percent for administrative
costs necessary to carry out this section.
(c) Definitions.--In this section:
(1) Embodied carbon.--The term ``embodied carbon'' means
the quantity of greenhouse gas emissions associated with all
relevant stages of production of a material or product,
measured in kilograms of carbon dioxide-equivalent per unit
of such material or product.
(2) Environmental product declaration.--The term
``environmental product declaration'' means a document that
reports the environmental impact of a material or product
that--
(A) includes measurement of the embodied carbon of the
material or product;
(B) conforms with international standards, such as a Type
III environmental product declaration, as defined by the
International Organization for Standardization standard
14025; and
(C) is developed in accordance with any standardized
reporting criteria specified by the Administrator of the
Environmental Protection Agency.
(3) State.--The term ``State'' has the meaning given to
that term in section 302(d) of the Clean Air Act (42 U.S.C.
7602(d)).
SEC. 30114. METHANE EMISSIONS REDUCTION PROGRAM.
The Clean Air Act is amended by inserting after section 135
of such Act, as added by section 30108 of this Act, the
following:
``SEC. 136. METHANE EMISSIONS AND WASTE REDUCTION INCENTIVE
PROGRAM FOR PETROLEUM AND NATURAL GAS SYSTEMS.
``(a) Incentives for Methane Mitigation and Monitoring.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$775,000,000, to remain available until September 30, 2028--
``(1) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
owners and operators of applicable facilities to prepare and
submit greenhouse gas reports under subpart W of part 98 of
title 40, Code of Federal Regulations (or any successor
regulations);
``(2) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency authorized
under subsections (a) through (c) of section 103 for methane
emissions monitoring;
``(3) for grants, rebates, contracts, loans, and other
activities of the Environmental Protection Agency for the
purposes of providing financial and technical assistance to
reduce methane and other greenhouse gas emissions from
petroleum and natural gas systems, mitigate legacy air
pollution from petroleum and natural gas systems, and provide
support for communities, including funding for--
``(A) improving climate resiliency of communities and
petroleum and natural gas systems;
``(B) improving and deploying industrial equipment and
processes that reduce methane and other greenhouse gas
emissions and waste;
``(C) supporting innovation in reducing methane and other
greenhouse gas emissions and waste from petroleum and natural
gas systems;
``(D) mitigating health effects of methane and other
greenhouse gas emissions, and legacy air pollution from
petroleum and natural gas systems in low-income and
disadvantaged communities; and
``(E) supporting environmental restoration; and
``(4) to cover all direct and indirect costs required to
administer this section, including the costs of implementing
the waste emissions charge under subsection (b), preparing
inventories, gathering empirical data, and tracking
emissions.
[[Page H6409]]
``(b) Waste Emissions Charge.--The Administrator shall
impose and collect a charge on methane emissions that exceed
an applicable waste emissions threshold under subsection (e)
from an owner or operator of an applicable facility that is
required to report methane emissions pursuant to subpart W of
part 98 of title 40, Code of Federal Regulations (or any
successor regulations).
``(c) Applicable Facility.--For purposes of this section,
the term `applicable facility' means a facility within the
following industry segments, as defined in subpart W of part
98 of title 40, Code of Federal Regulations (or any successor
regulations):
``(1) Offshore petroleum and natural gas production.
``(2) Onshore petroleum and natural gas production.
``(3) Onshore natural gas processing,
``(4) Onshore natural gas transmission compression.
``(5) Underground natural gas storage.
``(6) Liquefied natural gas storage.
``(7) Liquefied natural gas import and export equipment.
``(8) Onshore petroleum and natural gas gathering and
boosting.
``(9) Onshore natural gas transmission pipeline.
``(d) Charge Amount.--The amount of a charge under
subsection (b) for an applicable facility shall be equal to
the product obtained by multiplying--
``(1) the number of tons of methane emissions reported
pursuant to subpart W of part 98 of title 40, Code of Federal
Regulations (or any successor regulations) for the applicable
facility that exceed the applicable annual waste emissions
threshold listed in subsection (e) during the previous
reporting period; and
``(2)(A) $900 for emissions reported for calendar year
2023;
``(B) $1200 for emissions reported for calendar year 2024;
or
``(C) $1500 for emissions reported for calendar year 2025
and each year thereafter.
``(e) Waste Emissions Threshold.--
``(1) Petroleum and natural gas production.--With respect
to imposing and collecting the charge under subsection (b)
for an applicable facility in an industry segment listed in
paragraph (1) or (2) of subsection (c), the Administrator
shall impose and collect the charge on the reported tons of
methane emissions that exceed--
``(A) 0.20 percent of the natural gas sent to sale from
such facility; or
``(B) 10 metric tons of methane per million barrels of oil
sent to sale from such facility, if such facility sent no
natural gas to sale.
``(2) Nonproduction petroleum and natural gas systems.--
With respect to imposing and collecting the charge under
subsection (b) for an applicable facility in an industry
segment listed in paragraph (3), (6), (7), or (8) of
subsection (c), the Administrator shall impose and collect
the charge on the reported tons of methane emissions that
exceed 0.05 percent of the natural gas sent to sale from such
facility.
``(3) Natural gas transmission.--With respect to imposing
and collecting the charge under subsection (b) for an
applicable facility in an industry segment listed in
paragraph (4), (5), or (9) of subsection (c), the
Administrator shall impose and collect the charge on the
reported tons of methane emissions that exceed 0.11 percent
of the natural gas sent to sale from such facility.
``(4) Exemption.--Charges shall not be imposed pursuant to
paragraph (1) on emissions that exceed the waste emissions
threshold specified in such paragraph if such emissions are
caused by unreasonable delay in environmental permitting of
gathering infrastructure.
``(f) Period.--The charge under subsection (b) shall be
imposed and collected beginning with respect to emissions
reported for calendar year 2023 and for each year thereafter.
``(g) Implementation.--In addition to other authorities in
this Act addressing air pollution from the oil and natural
gas sectors, the Administrator may issue guidance or
regulations as necessary to carry out this section.
``(h) Reporting.--Not later than 2 years after the date of
enactment of this section, and as necessary thereafter, the
Administrator shall revise the requirements of subpart W of
part 98 of title 40, Code of Federal Regulations--
``(1) to reduce the facility emissions threshold for
reporting under such subpart and for paying the charge
imposed under this section to 10,000 metric tons of carbon
dioxide equivalent of greenhouse gases emitted per year; and
``(2) to ensure the reporting under such subpart, and
calculation of charges under subsections (d) and (e) of this
section, are based on empirical data and accurately reflect
the total methane emissions and waste emissions from the
applicable facilities.
``(i) Liability for Charge Payment.--A facility owner or
operator's liability for payment of the charge under
subsection (b) is not affected in any way by emission
standards, permit fees, penalties, or other requirements
under this Act or any other legal authorities.''.
SEC. 30115. FUNDING FOR THE OFFICE OF THE INSPECTOR GENERAL
OF THE ENVIRONMENTAL PROTECTION AGENCY.
In addition to amounts otherwise made available, there is
appropriated to the Office of the Inspector General of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until September 30, 2031,
for oversight of activities supported with funds appropriated
to the Environmental Protection Agency in this Act.
SEC. 30116. CLIMATE POLLUTION REDUCTION GRANTS.
The Clean Air Act is amended by inserting after section 136
of such Act, as added by section 30114 of this Act, the
following:
``SEC. 137. GREENHOUSE GAS AIR POLLUTION PLANS AND
IMPLEMENTATION GRANTS.
``(a) Appropriations.--
``(1) Greenhouse gas air pollution planning grants.--In
addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$250,000,000, to remain available until September 30, 2031,
to carry out subsection (b).
``(2) Greenhouse gas air pollution implementation grants.--
In addition to amounts otherwise available, there is
appropriated to the Administrator for fiscal year 2022, out
of any amounts in the Treasury not otherwise appropriated,
$4,750,000,000, to remain available until September 30, 2026,
to carry out subsection (c).
``(3) Administrative costs.--Of the funds made available
under paragraph (2), the Administrator shall reserve 3
percent for administrative costs necessary to carry out this
section, including providing technical assistance to eligible
entities, developing a plan that could be used as a model by
grantees in developing a plan under subsection (b), and
modeling the effects of plans described in this section.
``(b) Greenhouse Gas Air Pollution Planning Grants.--The
Administrator shall make a grant to at least one eligible
entity in each State for the costs of developing a plan for
the reduction of greenhouse gas air pollution to be submitted
with an application for a grant under subsection (c). Each
such plan shall include programs, policies, measures, and
projects that will achieve or facilitate the reduction of
greenhouse gas air pollution. Not later than 270 days after
the date of enactment of this section, the Administrator
shall publish a funding opportunity announcement for grants
under this subsection.
``(c) Greenhouse Gas Air Pollution Reduction Implementation
Grants.--
``(1) In general.--The Administrator shall competitively
award grants to eligible entities to implement plans
developed under subsection (b).
``(2) Application.--To apply for a grant under this
subsection, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator shall
require, which such application shall include information
regarding--
``(A) the degree to which greenhouse gas air pollution is
projected to be reduced, including with respect to low-income
and disadvantaged communities; and
``(B) the quantifiability, specificity, additionality,
permanence, and verifiability of such projected greenhouse
gas air pollution reduction.
``(3) Terms and conditions.--The Administrator shall make
funds available to a grantee under this subsection in such
amounts, upon such a schedule, and subject to such conditions
based on its performance in implementing its plan submitted
under this section and in achieving projected greenhouse gas
air pollution reduction, as determined by the Administrator.
``(d) Eligible Entity Defined.--In this section, the term
`eligible entity' means--
``(1) a State;
``(2) an air pollution control agency;
``(3) a municipality;
``(4) an Indian tribe; and
``(5) a group of one or more entities listed in paragraphs
(1) through (4).''.
SEC. 30117. ENVIRONMENTAL PROTECTION AGENCY EFFICIENT,
ACCURATE, AND TIMELY REVIEWS.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $20,000,000, to remain available
until September 30, 2026, to provide for the development of
efficient, accurate, and timely reviews for permitting and
approval processes through the hiring and training of
personnel, the development of programmatic documents, the
procurement of technical or scientific services for reviews,
the development of environmental data or information systems,
stakeholder and community engagement, the purchase of new
equipment for environmental analysis, and the development of
geographic information systems and other analysis tools,
techniques, and guidance to improve agency transparency,
accountability, and public engagement.
SEC. 30118. LOW-EMBODIED CARBON LABELING FOR CONSTRUCTION
MATERIALS FOR TRANSPORTATION PROJECTS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2026,
to develop and carry out a program, in consultation with the
Administrator of the Federal Highway Administration, to
identify and label, based on environmental product
declarations, low-embodied carbon construction materials and
products used for transportation projects, and for necessary
administrative costs of the Administrator of the
Environmental Protection Agency to carry out this section.
(b) Definitions.--In this section:
(1) Embodied carbon.--The term ``embodied carbon'' means
the quantity of greenhouse gas emissions associated with all
relevant stages of production of a material or product,
measured in kilograms of carbon dioxide-equivalent per unit
of such material or product.
(2) Environmental product declaration.--The term
``environmental product declaration'' means a document that
reports the environmental impact of a material or product
that--
(A) includes measurement of the embodied carbon of the
material or product;
[[Page H6410]]
(B) conforms with international standards, such as a Type
III environmental product declaration as defined by the
International Organization for Standardization standard
14025; and
(C) is developed in accordance with any standardized
reporting criteria specified by the Administrator of the
Environmental Protection Agency.
(3) Low-embodied carbon construction materials and
products.--The term ``low-embodied carbon construction
materials and products'' means construction materials and
products identified by the Administrator of the Environmental
Protection Agency as having substantially lower levels of
embodied carbon as compared to estimated industry averages of
similar materials or products.
Subtitle B--Hazardous Materials
SEC. 30201. GRANTS TO REDUCE WASTE IN COMMUNITIES.
The Solid Waste Disposal Act is amended by inserting after
section 7010 (42 U.S.C. 6979b) the following:
``SEC. 7011. GRANTS TO REDUCE WASTE IN COMMUNITIES.
``(a) Appropriations.--
``(1) Organics recycling and food waste.--In addition to
amounts otherwise available, there is appropriated to the
Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $95,000,000, to remain
available until September 30, 2031, to make grants, on a
competitive basis, to eligible recipients for projects in, or
directly serving, low-income or disadvantaged communities
to--
``(A) construct, expand, or modernize infrastructure for
recycling and reuse of organic material, including any
facility, machinery, or equipment used to collect and process
organic material; or
``(B) measure, reduce, and prevent food waste.
``(2) Other waste reduction activities.--In addition to
amounts otherwise available, there is appropriated to the
Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $95,000,000, to remain
available until September 30, 2031, to make grants, on a
competitive basis, to eligible recipients for projects in, or
directly serving, low-income or disadvantaged communities
to--
``(A) reduce the amount of waste generated from
manufacturing processes or when consumer products are
disposed of, including by encouraging product or
manufacturing redesign or redevelopment that reduces
packaging and waste byproducts;
``(B) create market demand or manufacturing capacity for
recovered, recyclable, or recycled commodities and products,
including compost; or
``(C) support the development and implementation of
activities that reduce the amount of waste disposed of in
landfills or prevent the disposal of waste in landfills,
including--
``(i) expanding the availability of source-separated
organic waste collection;
``(ii) encouraging diversion of organic waste from
landfills; or
``(iii) increasing fees imposed on the disposal of waste,
including organic waste, at landfills.
``(b) Administration of Funds.--Of the amounts made
available under subsection (a), the Administrator shall
reserve 5 percent for the administrative costs necessary to
carry out activities pursuant to that subsection.
``(c) Definition of Eligible Recipient.--In this section,
the term `eligible recipient' means--
``(1) a single unit of State, local, or Tribal government;
or
``(2) a nonprofit organization.''.
SEC. 30202. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
The Clean Air Act is amended by inserting after section
137, as added by subtitle A of this title, the following:
``SEC. 138. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated--
``(1) $2,800,000,000 to remain available until September
30, 2026, to award grants for the activities described in
subsection (b); and
``(2) $200,000,000 to remain available until September 30,
2026, to provide technical assistance to eligible entities
related to grants awarded under this section.
``(b) Grants.--
``(1) In general.--The Administrator shall use amounts made
available under subsection (a)(1) to award grants for periods
of up to 3 years to eligible entities to carry out activities
described in paragraph (2) that benefit disadvantaged
communities, as defined by the Administrator.
``(2) Eligible activities.--An eligible entity may use a
grant awarded under this subsection for--
``(A) community-led air and other pollution monitoring,
prevention, and remediation, and investments in low- and
zero-emission and resilient technologies and related
infrastructure and workforce development that help reduce
greenhouse gas emissions and other air pollutants;
``(B) mitigating climate and health risks from urban heat
islands, extreme heat, wood heater emissions, and wildfire
events;
``(C) climate resiliency and adaptation;
``(D) reducing indoor toxics and indoor air pollution; or
``(E) facilitating engagement of disadvantaged communities
in State and Federal public processes, including facilitating
such engagement in advisory groups, workshops, and
rulemakings.
``(3) Eligible entities.--In this subsection, the term
`eligible entity' means--
``(A) a partnership between--
``(i) an Indian tribe, a local government, or an
institution of higher education; and
``(ii) a community-based nonprofit organization;
``(B) a community-based nonprofit organization; or
``(C) a partnership of community-based nonprofit
organizations.
``(c) Administrative Costs.--The Administrator shall
reserve 7 percent of the amounts made available under
subsection (a) for administrative costs to carry out this
section.''.
SEC. 30203. FUNDING FOR DATA COLLECTION ON NATIONAL RECYCLING
EFFORTS.
In addition to amounts otherwise available, there is
appropriated to the Administrator of the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $10,000,000, to
remain available until September 30, 2031, to support data
collection activities with respect to recycling efforts
throughout the nation, with a particular focus on recycling
efforts in disadvantaged, low-income, and rural communities
that lack access to recycling services.
Subtitle C--Drinking Water
SEC. 30301. LEAD REMEDIATION PROJECTS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$9,000,000,000, to remain available until September 30, 2026,
for--
(1) grants under the lead reduction grant program under
section 1459B(b) of the Safe Drinking Water Act (42 U.S.C.
300j-19b(b)) to entities eligible for grants under that
program that serve communities determined to be disadvantaged
communities pursuant to paragraph (3)(A) of such subsection,
for full service line replacement within those disadvantaged
communities;
(2) grants for the installation and maintenance of lead
filtration stations at schools and child care programs (as
defined in section 1464(d)(1) of that Act (42 U.S.C. 300j-
24(d)(1)) that serve disadvantaged communities; and
(3) grants under subsection (d) of section 1464 of that Act
(42 U.S.C. 300j-24)--
(A) to pay the costs of replacement of drinking water
fountains in schools and child care programs that serve
disadvantaged communities;
(B) for lead remediation projects in buildings operated by
entities eligible for grants under that subsection that serve
disadvantaged communities; and
(C) for compliance monitoring in disadvantaged communities.
(b) Cost-share Waiver.--An entity receiving assistance
pursuant to this section shall not be required to provide a
share of the costs of carrying out the project or activity
funded by that assistance.
(c) Administrative Costs.--Of the amounts made available
under subsection (a), the Administrator of the Environmental
Protection Agency shall reserve 7 percent for the
administrative costs of carrying out this section.
SEC. 30302. FUNDING FOR WATER ASSISTANCE PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$225,000,000, to remain available until expended, to provide
grants to States, Indian Tribes, and Tribal organizations to
assist low-income households that pay a high proportion of
household income for drinking water and wastewater (including
stormwater) services, particularly households with an annual
income that is less than or equal to 150 percent of the
Federal poverty line, by providing amounts to community water
systems (as defined in section 1401 of the Safe Drinking
Water Act (42 U.S.C. 300f)) or publicly owned treatment works
(as defined in section 212 of the Federal Water Pollution
Control Act (33 U.S.C. 1292)) to reduce the arrearages of and
rates charged to those households for those services by up to
100 percent.
(b) Requirement.--Of the amounts made available under
subsection (a), the Administrator of the Environmental
Protection Agency shall reserve not more than 3 percent to
provide the assistance described in that subsection to Indian
Tribes and Tribal organizations.
(c) Cost-share Waiver.--An entity receiving assistance
pursuant to this section shall not be required to provide a
share of the costs of carrying out the activity funded by
that assistance.
(d) Administrative Costs.--Of the amounts made available
under subsection (a), the Administrator of the Environmental
Protection Agency shall reserve 7 percent for the
administrative costs of carrying out this section.
(e) Definition of State.--In this section, the term
``State'' means--
(1) each of the 50 States;
(2) the District of Columbia;
(3) the Commonwealth of Puerto Rico;
(4) American Samoa;
(5) Guam;
(6) the United States Virgin Islands; and
(7) the Commonwealth of the Northern Mariana Islands.
Subtitle D--Energy
PART 1--RESIDENTIAL EFFICIENCY AND ELECTRIFICATION REBATES
SEC. 30411. HOME ENERGY PERFORMANCE-BASED, WHOLE-HOUSE
REBATES AND TRAINING GRANTS.
(a) Home On-line Performance-based Energy Efficiency (HOPE)
Contractor Training Grants.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $360,000,000, to remain available until
September 30, 2030, to award grants to States to develop and
implement a State program described in section 362(d)(13) of
the Energy Policy and Conservation Act (42 U.S.C.
6322(d)(13)), which shall partner with nonprofit
organizations to fund qualifying programs described in
paragraph (2) that provide training courses and opportunities
to support home energy efficiency
[[Page H6411]]
upgrade construction services to train workers, both on-line
and in-person, to support and provide for the home energy
efficiency retrofits under subsection (b), and for
administrative expenses associated with carrying out this
subsection.
(2) Qualifying programs.--For the purposes of this
paragraph, qualifying programs are programs that--
(A) provide the equivalent of at least 30 hours in total
course time;
(B) are provided by a provider that is accredited by the
Interstate Renewable Energy Council or has other
accreditation determined to be equivalent by the Secretary;
(C) are, with respect to a particular job, aligned with the
relevant National Renewable Energy Laboratory Job Task
Analysis, or other credentialing program foundation that
helps identify the necessary core knowledge areas, critical
work functions, or skills, as approved by the Secretary;
(D) have established learning objectives;
(E) include, as the Secretary determines appropriate, an
appropriate assessment of such learning objectives that may
include a final exam, to be proctored on-site or through
remote proctoring, or an in-person field exam; and
(F) include training related to--
(i) contractor certification;
(ii) energy auditing or assessment;
(iii) home energy systems (including Energy Star-qualified
HVAC systems and Wi-Fi-enabled home energy communications
technology, or any future technology that achieves the same
goals);
(iv) insulation installation and air leakage control;
(v) health and safety regarding the installation of energy
efficiency measures or health and safety impacts associated
with energy efficiency retrofits;
(vi) indoor air quality;
(vii) energy efficiency retrofits in manufactured housing;
and
(viii) residential electrification training and conversion
training.
(3) State energy program providers.--A State energy office
may use not more than 10 percent of the amounts made
available to the State energy office under this subsection to
administer a qualifying program described in paragraph (2),
including for the conduct of design and operations
activities.
(4) Terms and conditions.--
(A) Eligible use of funds.--Of the amounts made available
to a State under this subsection, 85 percent shall be used by
the State--
(i) to support the operations of qualifying programs,
including establishing, modifying, or maintaining the online
systems, staff time, and software and online program
management, through a course that meets the applicable
criteria;
(ii) to reimburse the contractor company for training costs
for employees;
(iii) to provide any home technology support needed for an
employee to receive training pursuant to this subsection; and
(iv) to support wages of employees during training.
(B) Timing of obligations.--Amounts made available under
this subsection shall be used, as necessary, to cover or
reimburse allowable costs incurred after the date of
enactment of this Act.
(C) Unobligated amounts.--Amounts made available under this
subsection which are not accepted, are voluntarily returned,
or otherwise recaptured for any reason shall be used to fund
grants under subsection (b).
(b) Home Owner Managing Energy Savings (HOMES) Rebates.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $5,890,000,000, to remain available until
September 30, 2030, to award grants, in accordance with the
formula for the State Energy Program under part D of title
III of the Energy Policy and Conservation Act in effect on
January 1, 2021, to State energy offices to establish Home
Owner Managing Energy Savings (HOMES) Rebate Programs
pursuant to section 362(d)(5) of such Act (42 U.S.C.
6322(d)(5)), and for administrative expenses associated with
carrying out this subsection.
(2) Coordination.--In carrying out this subsection, the
Secretary shall coordinate with State energy offices to
ensure that programs that receive awards are formulated to
achieve maximum greenhouse gas emissions reductions and
household energy and costs savings.
(3) Application.--In order to receive a grant under this
subsection, a State shall submit to the Secretary an
application that includes a plan to implement a qualifying
State program that includes--
(A) a plan to ensure that each home energy efficiency
retrofit under the program--
(i) is completed by a contractor who meets minimum training
requirements, certification requirements, and other
requirements established by the Secretary; and
(ii) includes installation of 1 or more home energy
efficiency retrofit measures that are modeled to achieve, or
are shown to achieve, the minimum reduction required in home
energy use, or with respect to a portfolio of home energy
efficiency retrofits, in aggregated home energy use for such
portfolio;
(B) a plan--
(i) to utilize, for purposes of modeled performance home
rebates, modeling software, methods, and procedures for
determining and documenting the reductions in home energy use
resulting from the implementation of a home energy efficiency
retrofit that is calibrated to historical energy usage for a
home consistent with BPI 2400, that are approved by the
Secretary, that can provide evidence for necessary
improvements to a State program, and that can help to
calibrate models for accuracy;
(ii) to utilize, for purposes of measured performance home
rebates, open-source advanced measurement and verification
software approved by the Secretary for determining and
documenting the monthly and hourly (if available) weather-
normalized baseline energy use of a home, the reductions in
monthly and hourly (if available) weather-normalized energy
use of a home resulting from the implementation of a home
energy efficiency retrofit, and open-source advanced
measurement and verification software approved by the
Secretary; and
(iii) to value savings based on time, location, or
greenhouse gas emissions;
(C) procedures for a homeowner to transfer the right to
claim a rebate to the contractor performing the applicable
home energy efficiency retrofit or to an aggregator, if the
State program will utilize aggregators;
(D) if the State program will utilize aggregators to
facilitate delivery of rebates to homeowners or contractors,
requirements for an entity to be eligible to serve as an
aggregator;
(E) quality monitoring to ensure that each installation
that receives a rebate is documented in a certificate,
provided by the contractor to the homeowner, that details the
work, including information about the characteristics of
equipment and materials installed, as well as projected
energy savings or energy generation, in a way that will
enable the homeowner to clearly communicate the value of the
high-performing features funded by the rebate to buyers, real
estate agents, appraisers and lenders; and
(F) a procedure for providing the contractor performing a
home energy efficiency retrofit or an aggregator who has the
right to claim such rebate with $200 for each home located in
an underserved community that receives a home efficiency
retrofit for which a rebate is provided under the program.
(4) Amount of rebates for single family and multifamily
homes.--Of the amounts provided to a State energy office
under this subsection, 85 percent shall be used to provide
Home Owner Managing Energy Savings (HOMES) Rebates to--
(A) individuals and aggregators for the energy efficiency
upgrades of single-family homes of not more than 4 units--
(i) $2,000 for a retrofit that achieves at least 20 percent
modeled energy system savings or 50 percent of the project
cost, whichever is lower;
(ii) $4,000 for a retrofit that achieves at least 35
percent modeled energy system savings or 50 percent of the
project cost, whichever is lower; or
(iii) for measured energy savings, a payment per kilowatt
hour saved, or kilowatt hour-equivalent saved, equal to
$2,000 for a 20 percent reduction of energy use for the
average home in the State, for homes or portfolios of homes
that achieve at least 15 percent energy savings, or 50
percent of the project cost, whichever is lower;
(B) multifamily building owners and aggregators for the
energy efficiency upgrades of multifamily buildings--
(i) $2,000 per dwelling unit for a retrofit that achieves
at least 20 percent modeled energy system savings up a
maximum of $200,000 per multifamily building;
(ii) $4,000 per dwelling unit for a retrofit that achieves
at least 35 percent modeled energy system savings up to a
maximum of $400,000 per multifamily building; or
(iii) for measured energy savings, a payment rate per
kilowatt hours saved, or kilowatt hour-equivalent saves,
equal to $2,000 for a 20 percent reduction of energy use for
the average multifamily building in the State, for
multifamily buildings or portfolios of buildings that achieve
at least 15 percent energy savings, or 50 percent of the
project cost, whichever is lower; or
(C) individuals and aggregators for the energy efficiency
upgrades of single family homes of 4 units or less or
multifamily buildings that are occupied by residents with an
annual income of less than 80 percent of the area median
income as published publicly by the Department of Housing and
Urban Development--
(i) $4,000 for a retrofit that achieves at least 20 percent
modeled energy system savings or 80 percent of the project
cost, whichever is lower;
(ii) $8,000 for a retrofit that achieves at least 35
percent modeled energy system savings or 80 percent of the
project cost, whichever is lower; or
(iii) for measured energy savings, a payment rate per
kilowatt hour saved, or kilowatt hour-equivalent saved, equal
to $4,000 for a 20 percent reduction of energy use for the
average multifamily building in the State, for multifamily
buildings or portfolios of buildings that achieve at least 15
percent energy savings, or 80 percent of the project cost,
whichever is lower.
(5) Requirement.--Not less than 25 percent of the funds
provided to a State energy office under this subsection shall
be used for the purposes of each of subparagraphs (A), (B),
and (C) of paragraph (4).
(6) Eligibility of certain appliances.--In calculating
total energy savings for single family or multifamily homes
under this subsection, a program may include savings from the
purchase of high-efficiency natural gas HVAC systems and
water heaters certified under the Energy Star program until
the date that is 6 years after the date of enactment of this
Act.
(7) Planning.--Not to exceed 20 percent of any grant made
with funds made available under this subsection shall be
expended for planning and management development and
administration.
(8) Technical assistance.--Amounts made available under
this subsection shall be used for single family, multifamily,
and manufactured housing rebates and the Secretary shall, in
consultation with States, contractors, and other local
technical experts design support, methodology, and contractor
criteria as appropriate for the different building stock.
[[Page H6412]]
(9) Use of funds.--Rebate amounts made available through
the High-Efficiency Electric Home Rebate Program established
under subsection (b)(1) of section 124 of the Energy Policy
Act of 2005 (as amended by this subtitle) may be used in
conjunction with the funds made available under this
subsection.
(c) Definitions.--In this section:
(1) Aggregator.--The term ``aggregator'' means a gas
utility, electric utility, commercial entity, nonprofit
entity, or State or local government entity that may receive
rebates provided under a State program under this section for
1 or more portfolios consisting of 1 or more energy
efficiency retrofits.
(2) Contractor certification.--The term ``contractor
certification'' means--
(A) an industry recognized certification that may be
obtained by a residential contractor to advance the expertise
and education of the contractor in energy efficiency
retrofits of residential buildings; and
(B) any other certification the Secretary determines
appropriate for purposes of the HOMES Rebate Program
established under subsection (b).
(3) Contractor company.--The term ``contractor company''
means a company--
(A) the business of which is to provide services to
residential building owners with respect to HVAC systems,
insulation, air sealing, or other services that are approved
by the Secretary;
(B) that holds the licenses and insurance required by the
State in which the company provides services; and
(C) that provides services for which a rebate may be
provided pursuant to the HOMES Rebate Program established
under subsection (b).
(4) Energy star program.--The term ``Energy Star program''
means the program established by section 324A of the Energy
Policy and Conservation Act (42 U.S.C. 6294a).
(5) Home.--The term ``home'' means a building with not more
than 4 dwelling units or a manufactured housing unit
(including a unit built before June 15, 1976), that--
(A) is located in the United States;
(B) was constructed before the date of enactment of this
Act;
(C) is occupied at least 6 months out of the year; and
(D) is not on a military base.
(6) HVAC system.--The term ``HVAC system'' means a system--
(A) is certified under the Energy Star program;
(B) consisting of a heating component, a ventilation
component, and an air-conditioning component; and
(C) the components of which may include central air
conditioning, a heat pump, a furnace, a boiler, a rooftop
unit, and a window unit.
(7) Multifamily building.--The term ``multifamily
building'' means a building--
(A) with 5 or more dwelling units; and
(B) that is not on a military base.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(9) State energy office.--The term ``State energy office''
has the meaning given the term ``State energy agency'' in
section 391(10) of the Energy Policy and Conservation Act (42
U.S.C. 6371(10)).
(10) Underserved community.--The term ``underserved
community'' means--
(A) a community located in a ZIP Code that includes 1 or
more census tracts that are identified as--
(i) a low-income community; or
(ii) a community of racial or ethnic minority
concentration; or
(B) any other community that the Secretary determines is
disproportionately vulnerable to, or bears a disproportionate
burden of, any combination of economic, social, and
environmental stressors.
SEC. 30412. HIGH-EFFICIENCY ELECTRIC HOME REBATE PROGRAM.
(a) In General.--Section 124 of the Energy Policy Act of
2005 (42 U.S.C. 15821) is amended to read as follows:
``SEC. 124. HIGH-EFFICIENCY ELECTRIC HOME REBATE PROGRAM.
``(a) Appropriations.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated--
``(A) $2,226,000,000, to remain available until September
30, 2031, to provide rebates under this section;
``(B) $4,000,000, to remain available until September 30,
2031, for community and consumer education and outreach
related to carrying out this section; and
``(C) $220,000,000, to remain available until September 30,
2031, to administer this section and to provide
administrative and technical support to certified contractor
companies, qualified providers, States, and Indian Tribes.
``(2) Additional funding for tribal communities and low- or
moderate-income households.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $3,800,000,000, to remain available until
September 30, 2031, for--
``(A) rebates under this section relating to qualified
electrification projects carried out in Tribal communities or
for low- or moderate-income households; and
``(B) any necessary administrative or technical support for
those qualified electrification projects.
``(b) High-efficiency Electric Home Rebates for Qualified
Electrification Projects.--
``(1) High-efficiency electric home rebates.--The Secretary
shall establish a program within the Department, to be known
as the `High-Efficiency Electric Home Rebate Program', under
which the Secretary shall provide to homeowners and owners of
multifamily buildings high-efficiency electric home rebates,
in accordance with this subsection, for qualified
electrification projects carried out at, or relating to, the
homes or multifamily buildings, as applicable.
``(2) Amount of rebate.--
``(A) In general.--Subject to subsection (c)(1)(A), a high-
efficiency electric home rebate under paragraph (1) shall be
equal to--
``(i) in the case of a qualified electrification project
described in subsection (d)(11)(A)(i)(II) that installs a
heat pump used for water heating, not more than $1,250;
``(ii) in the case of a qualified electrification project
described in subsection (d)(11)(A)(i)(II) that installs a
heat pump HVAC system--
``(I)(aa) not more than $3,000 if the heat pump HVAC system
has a heating capacity of not less than 27,500 Btu per hour;
or
``(bb) not more than $4,000 if the heat pump HVAC system
meets Energy Star program cold climate criteria and is
installed in a cold climate, as determined by the Secretary;
``(II)(aa) not more than $1,500 if the heat pump HVAC
system has a heating capacity of less than 27,500 Btu per
hour; or
``(bb) not more than $2,000 if the heat pump HVAC system
meets Energy Star program cold climate criteria and is
installed in a cold climate, as determined by the Secretary;
and
``(III) $250, in addition to the amount described in
subclause (I) or (II), if a qualified electrification project
described in subsection (d)(11)(A)(i)(V) that installs
insulation, air sealing, and ventilation in accordance with
clause (v) is completed within 6 months before or after the
qualified electrification project described in that
subclause;
``(iii) in the case of a qualified electrification project
described in subclause (III) or (IV) of subsection
(d)(11)(A)(i), not more than $600;
``(iv) in the case of a qualified electrification project
described in subsection (d)(11)(A)(i)(I) that installs an
electric load or service center panel that enables the
installation and use of any upgrade, appliance, system,
equipment, infrastructure, component, or other item installed
pursuant to any other qualified electrification project, not
more than $3,000;
``(v) in the case of a qualified electrification project
described in subsection (d)(11)(A)(i)(V) that installs
insulation and air sealing, not more than $800; and
``(vi) in the case of any other qualified electrification
project, including a qualified electrification project
described in any of subclauses (I) through (III) of
subsection (d)(11)(A)(ii), for which the Secretary provides a
high-efficiency electric home rebate, not more than an amount
determined by the Secretary for that qualified
electrification project, subject to subparagraph (B).
``(B) Limitations on amount of rebate.--
``(i) Maximum total amount.--Subject to subsection
(c)(1)(B), the maximum total amount that may be awarded as
high-efficiency electric home rebates under this subsection
shall be $10,000 with respect to each home for which a high-
efficiency electric home rebate is provided.
``(ii) Costs.--
``(I) In general.--Subject to subsection (c)(1)(C), the
amount of a high-efficiency electric home rebate provided to
a homeowner under this subsection shall not exceed 50 percent
of the total cost of the applicable qualified electrification
project.
``(II) Labor costs.--Subject to subsection (c)(1)(C), not
more than 50 percent of the labor costs associated with a
qualified electrification project may be included in the 50
percent of total costs for which a high-efficiency electric
home rebate is provided under this subsection, as described
in subclause (I), subject to the condition that labor costs
account for not more than 50 percent of the amount of the
high-efficiency electric home rebate.
``(3) Limitations on qeps.--
``(A) Contractors.--A high-efficiency electric home rebate
may be provided for a qualified electrification project
carried out by a contractor company only if that contractor
company is a certified contractor company.
``(B) Heat pump hvac systems.--A high-efficiency electric
home rebate may be provided for a qualified electrification
project that installs or enables the installation of a heat
pump HVAC system only if the heat pump HVAC system--
``(i) replaces--
``(I) a nonelectric HVAC system;
``(II) an electric resistance HVAC system; or
``(III) an air conditioning unit that--
``(aa) does not have a reversing valve; and
``(bb) has a lower seasonal energy-efficiency ratio than
the heat pump HVAC system; or
``(ii) is part of new construction, as determined by the
Secretary.
``(C) Heat pumps for water heating.--A high-efficiency
electric home rebate may be provided for a qualified
electrification project that installs or enables the
installation of a heat pump used for water heating only if
the heat pump--
``(i) replaces--
``(I) a nonelectric heat pump water heater;
``(II) a nonelectric water heater; or
``(III) an electric resistance water heater; or
``(ii) is part of new construction, as determined by the
Secretary.
``(D) Electric stoves, cooktops, ranges, and ovens.--A
high-efficiency electric home rebate may be provided for a
qualified electrification project described in subsection
(d)(11)(A)(i)(III) only if the applicable electric stove,
cooktop, range, or oven--
``(i) replaces a nonelectric stove, cooktop, range, or
oven; or
``(ii) is part of new construction, as determined by the
Secretary.
``(E) Electric heat pump clothes dryers.--A high-efficiency
electric home rebate may be
[[Page H6413]]
provided for a qualified electrification project described in
subsection (d)(11)(A)(i)(IV) only if the applicable electric
heat pump clothes dryer--
``(i) replaces a nonelectric clothes dryer; or
``(ii) is part of new construction.
``(4) Additional incentives for contractors and qualified
providers.--
``(A) General incentive.--
``(i) In general.--With respect to each qualified
electrification project described in clause (ii), the
Secretary shall provide a payment of $100 to the certified
contractor company or qualified provider carrying out the
qualified electrification project.
``(ii) Qualified electrification project described.--A
qualified electrification project referred to in clause (i)
is a qualified electrification project--
``(I) that is carried out at a home or multifamily
building;
``(II) for which a rebate is provided under this
subsection; and
``(III) with respect to which the certified contractor
company or qualified provider is not eligible for a higher
payment under any of subparagraphs (B) through (D).
``(B) Incentive for qeps in certain communities and
households.--
``(i) In general.--With respect to each qualified
electrification project described in clause (ii), the
Secretary shall provide a payment of $200 to the certified
contractor company or qualified provider carrying out the
qualified electrification project.
``(ii) Qualified electrification project described.--A
qualified electrification project referred to in clause (i)
is a qualified electrification project--
``(I) that is carried out at a home or multifamily building
that--
``(aa) is located in an underserved community or a Tribal
community; or
``(bb) is certified, or the household of the homeowner of
which is certified, as applicable, as low- or moderate-
income;
``(II) for which a rebate is provided under this
subsection; and
``(III) with respect to which the certified contractor
company or qualified provider is not eligible for a higher
payment under subparagraph (C) or (D).
``(C) Incentive for certain labor practices.--
``(i) In general.--With respect to each qualified
electrification project described in clause (ii), the
Secretary shall provide a payment of $250 to the certified
contractor company or qualified provider carrying out the
qualified electrification project.
``(ii) Qualified electrification project described.--A
qualified electrification project referred to in clause (i)
is a qualified electrification project--
``(I) that is carried out--
``(aa) at a home or multifamily building; and
``(bb) by a certified contractor company or qualified
provider that allows for the use of collective bargaining
agreements;
``(II) for which a rebate is provided under this
subsection; and
``(III) with respect to which--
``(aa) all laborers and mechanics employed on the qualified
electrification project are paid wages at rates not less than
those prevailing on projects of a character similar in the
locality; and
``(bb) the certified contractor company or qualified
provider is not eligible for a higher payment under
subparagraph (D).
``(D) Maximum incentive.--
``(i) In general.--With respect to each qualified
electrification project described in clause (ii), the
Secretary shall provide a payment of $500 to the certified
contractor company or qualified provider carrying out the
qualified electrification project.
``(ii) Qualified electrification project described.--A
qualified electrification project referred to in clause (i)
is a qualified electrification project--
``(I) that is carried out--
``(aa) at a home or multifamily building that--
``(AA) is located in an underserved community or a Tribal
community; or
``(BB) is certified, or the household of the homeowner of
which is certified, as applicable, as low- or moderate-
income; and
``(bb) by a certified contractor company or qualified
provider that allows for the use of collective bargaining
agreements;
``(II) for which a rebate is provided under this
subsection; and
``(III) with respect to which all laborers and mechanics
employed on the qualified electrification project are paid
wages at rates not less than those prevailing on projects of
a character similar in the locality.
``(E) Clarification.--An amount provided to a certified
contractor company or qualified provider under any of
subparagraphs (A) through (D) shall be in addition to the
amount of any high-efficiency electric home rebate received
by the certified contractor company or qualified provider.
``(5) Claim.--
``(A) In general.--Subject to paragraph (2)(B), a
homeowner, a certified contractor company, or a qualified
provider may claim a separate high-efficiency electric home
rebate under this subsection for each qualified
electrification project carried out at a home.
``(B) Transfer.--The Secretary shall establish and publish
procedures pursuant to which a homeowner or owner of a
multifamily building may transfer the right to claim a rebate
under this subsection to the certified contractor company or
qualified provider carrying out the applicable qualified
electrification project.
``(6) Multifamily buildings.--
``(A) In general.--Subject to subparagraph (B), the owner
of a multifamily building may combine the amounts of high-
efficiency electric home rebates for each dwelling unit in
the multifamily building into a single rebate, subject to--
``(i) the condition that the applicable qualified
electrification projects benefit each dwelling unit with
respect to which the rebate is claimed; and
``(ii) any maximum per-dwelling unit rate established by
the Secretary.
``(B) Costs.--
``(i) In general.--Subject to clause (ii), the amount of a
rebate under subparagraph (A) shall not exceed 50 percent of
the total cost, including labor costs, of the applicable
qualified electrification projects.
``(ii) Low- or moderate-income buildings.--In the case of a
multifamily building that is certified by the Secretary as
low- or moderate-income, the amount of a rebate under
subparagraph (A) shall not exceed 100 percent of the total
cost of the applicable qualified electrification projects.
``(C) Procedures.--The Secretary shall establish and
publish procedures--
``(i) pursuant to which the owner of a multifamily building
may combine rebate amounts in accordance with this
subsection; and
``(ii) for the enforcement of any limitations under this
subsection.
``(7) Process.--
``(A) Rebate process.--Not later than July 1, 2022, the
Secretary shall establish a rebate processing system that
provides immediate price relief for consumers who purchase
and have installed qualified electrification projects, in
accordance with this section.
``(B) Qualified electrification project list.--
``(i) In general.--Not later than July 1, 2022, the
Secretary shall publish a list of qualified electrification
projects for which a high-efficiency electric home rebate may
be provided under this subsection that includes, at a
minimum, the qualified electrification projects described in
subsection (d)(11)(A).
``(ii) Requirements.--The list published under clause (i)
shall include specifications for each qualified
electrification project included on the list, including--
``(I) appropriate certifications under the Energy Star
program; and
``(II) other applicable requirements, such as requirements
relating to grid-interactive capability.
``(iii) Updates.--
``(I) In general.--Not less frequently than once every 3
years and subject to subclause (II), the Secretary shall
publish an updated list of qualified electrification projects
for which a high-efficiency electric home rebate may be
provided under this subsection.
``(II) Limitation.--An updated list under subclause (I)
shall not allow for any reductions in efficiency levels for
qualified electrification projects included on the updated
list that are below an efficiency level provided in a
previously published version of the list.
``(c) Special Provisions for Low- and Moderate-income
Households and Multifamily Buildings.--
``(1) Maximum amounts.--With respect to a qualified
electrification project carried out at a location described
in paragraph (2)--
``(A) a high-efficiency electric home rebate shall be equal
to--
``(i) in the case of a qualified electrification project
described in subsection (b)(2)(A)(i), not more than $1,750;
``(ii) in the case of a qualified electrification project
described in subsection (b)(2)(A)(ii)--
``(I)(aa) not more than $6,000 if the applicable heat pump
HVAC system has a heating capacity of not less than 27,500
Btu per hour; or
``(bb) not more than $7,000 if the applicable heat pump
HVAC system meets Energy Star program cold climate criteria
and is installed in a cold climate, as determined by the
Secretary; and
``(II)(aa) not more than $3,000 if the applicable heat pump
HVAC system has a heating capacity of less than 27,500 Btu
per hour; or
``(bb) not more than $3,500 if the applicable heat pump
HVAC system meets Energy Star program cold climate criteria
and is installed in a cold climate, as determined by the
Secretary;
``(iii) in the case of a qualified electrification project
described in subsection (b)(2)(A)(iii), not more than $840;
``(iv) in the case of a qualified electrification project
described in subsection (b)(2)(A)(iv), not more than $4,000;
``(v) in the case of a qualified electrification project
described in subsection (b)(2)(A)(v) that installs insulation
and air sealing, not more than $1,600; and
``(vi) in the case of a qualified electrification project
described in subsection (b)(2)(A)(vi), not more than an
amount determined by the Secretary for that qualified
electrification project, subject to subparagraph (B);
``(B) the maximum total amount of high-efficiency electric
home rebates that may be awarded with respect to each home of
a homeowner shall be $14,000; and
``(C) the amount of a high-efficiency electric home rebate
may be used to cover not more than 100 percent of the costs,
including labor costs, of the applicable qualified
electrification project.
``(2) Location described.--The maximum amounts described in
paragraph (1) shall apply to--
``(A) a home--
``(i) with respect to which the household of the homeowner
is certified as low- or moderate-income;
``(ii) that is located in a Tribal community; or
``(iii) in the case of a home that is rented, with respect
to which the household of the renter is certified as low- or
moderate-income; or
``(B) a multifamily building--
``(i) that--
[[Page H6414]]
``(I) is certified as low- or moderate-income; or
``(II) is located in a Tribal community; and
``(ii) with respect to which more than more than \1/2\ of
the dwelling units in the multifamily building--
``(I) are occupied by households the annual household
incomes of which do not exceed 80 percent of the median
annual household income for the area in which the multifamily
building is located; and
``(II) have average monthly rental prices that are equal
to, or less than, an amount that is equal to 30 percent of
the average monthly household income for the area in which
the multifamily building is located.
``(3) Requirement.--The Secretary may provide a rebate in
an amount described in paragraph (1) to the owner of a
multifamily building or home (in the case of a home that is
rented) that meets the requirements of this section if the
owner agrees in writing to provide commensurate benefits of
future savings to renters in the multifamily building or
home.
``(d) Definitions.--In this section:
``(1) Certified contractor.--The term `certified
contractor' means a contractor with a certification
reflecting training, education, or other technical expertise
relating to qualified electrification projects for
residential buildings, as identified by the Secretary.
``(2) Certified contractor company.--The term `certified
contractor company' means a company--
``(A) the business of which is to provide services--
``(i) to residential building owners; and
``(ii) for which a rebate may be provided pursuant to this
section;
``(B) that holds the licenses and insurance required by the
State in which the company provides services; and
``(C) that employs 1 or more certified contractors that
perform the services for which a rebate may be provided under
this section.
``(3) Electric load or service center upgrade.--The term
`electric load or service center upgrade' means an
improvement to a circuit breaker panel that enables the
installation and use of--
``(A) a QEP described in any of subclauses (II) through
(IV) of paragraph (9)(A)(i); or
``(B) a QEP described in any of subclauses (I) through
(III) of paragraph (9)(A)(ii).
``(4) Energy star program.--The term `Energy Star program'
means the program established by section 324A of the Energy
Policy and Conservation Act (42 U.S.C. 6294a).
``(5) Heat pump.--The term `heat pump' means a heat pump
used for water heating, space heating, or space cooling
that--
``(A) relies solely on electricity for its source of power;
and
``(B) is air-sourced, geothermal- or ground-sourced, or
water-sourced.
``(6) High-efficiency electric home rebate.--The term
`high-efficiency electric home rebate' means a rebate
provided in accordance with subsection (b).
``(7) Home.--The term `home' means each of--
``(A) a building with not more than 4 dwelling units,
individual condominium units, or manufactured housing units,
that--
``(i) is located in a State; and
``(ii)(I) is the primary residence of--
``(aa) the owner of that building, condominium unit, or
manufactured housing unit, as applicable; or
``(bb) a renter; or
``(II) is a new-construction single-family residential
home; and
``(B) a unit of a multifamily building that--
``(i) is owned by an individual who is not the owner of the
multifamily building;
``(ii) is located in a State; and
``(iii) is the primary residence of--
``(I) the owner of that unit; or
``(II) a renter.
``(8) HVAC.--The term `HVAC' means heating, ventilation,
and air conditioning.
``(9) Low- or moderate-income.--The term `low - or moderate
-income', with respect to a household, means a household--
``(A) with an annual income that is less than 80 percent of
the annual median income of the area in which the household
is located, which such annual median income of the area is
determined according to publicly available data; or
``(B) that is low-income as determined by the Secretary.
``(10) Multifamily building.--The term `multifamily
building' means any building--
``(A) with 5 or more dwelling units that--
``(i) are built on top of one another or side-by-side; and
``(ii) may share common facilities; and
``(B) that is not a home.
``(11) Qualified electrification project; qep.--
``(A) In general.--The terms `qualified electrification
project' and `QEP' mean a project that, as applicable--
``(i) installs, or enables the installation and use of, in
a home or multifamily building--
``(I) an electric load or service center upgrade;
``(II) an electric heat pump;
``(III) an induction or noninduction electric stove,
cooktop, range, or oven;
``(IV) an electric heat pump clothes dryer; or
``(V) insulation, air sealing, and ventilation, in
accordance with requirements established by the Secretary; or
``(ii) installs, or enables the installation and use of, in
a home or multifamily building described in subparagraph
(B)--
``(I) a solar photovoltaic system, including any electrical
equipment, wiring, or other components necessary for the
installation and use of the solar photovoltaic system,
including a battery storage system;
``(II) electric vehicle charging infrastructure or electric
vehicle support equipment necessary to recharge an electric
vehicle on-site; or
``(III) electrical rewiring, power sharing plugs, or other
installation tasks directly related to and necessary for the
safe and effective functioning of a QEP in a home or
multifamily building.
``(B) Home or multifamily building described.--A home or
multifamily building referred to in subparagraph (A)(ii) is a
home or multifamily building that is certified, or the
household of the homeowner of which is certified, as
applicable, as low- or moderate-income.
``(C) Exclusions.--The terms `qualified electrification
project' and `QEP' do not include any project with respect to
which the appliance, system, equipment, infrastructure,
component, or other item described in clause (i) or (ii) of
subparagraph (A) is not certified under the Energy Star
program if, as of the date on which the project is carried
out, the item is of a category for which a certification is
provided under that program.
``(12) Qualified provider.--The term `qualified provider'
means an electric utility, Tribal-owned entity or Tribally
Designated Housing Entity (TDHE), or commercial, nonprofit,
or government entity, including a retailer and a certified
contractor company, that provides services for which a rebate
may be provided pursuant to this section for 1 or more
portfolios that consist of 1 or more qualified
electrification projects.
``(13) Solar photovoltaic system.--The term `solar
photovoltaic system' means a system--
``(A) placed on-site at a home or multifamily building, or
as part of the community of the home or multifamily building;
and
``(B) that generates electricity from the sun specifically
for the home, multifamily building, or community.
``(14) State.--The term `State' means a State, the District
of Columbia, or any territory or possession of the United
States.
``(15) Tribal community.--The term `Tribal community' means
a Tribal tract or Tribal block group.
``(16) Underserved community.--The term `underserved
community' means a community located in a census tract that
is identified by the Secretary as--
``(A) a low- or moderate-income community; or
``(B) a community of racial or ethnic minority
concentration.''.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 594) is amended by striking the
item relating to section 124 and inserting the following:
``Sec. 124. High-Efficiency Electric Home Rebate Program.''.
(2) Section 3201(c)(2)(A)(i) of the Energy Act of 2020 (42
U.S.C. 17232(c)(2)(A)(i)) is amended by striking ``(a)'' each
place it appears.
PART 2--BUILDING EFFICIENCY AND RESILIENCE
SEC. 30421. CRITICAL FACILITY MODERNIZATION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available through
September 30, 2031, to provide financial assistance to States
to develop and implement State programs described in
subsection (d)(5) of section 362 of the Energy Policy and
Conservation Act (42 U.S.C. 6322), as part of an approved
State energy conservation plan under that section, to be
distributed to States in accordance with the formula for the
State Energy Program established in part 420 of title 10,
Code of Federal Regulations (as in effect on January 1,
2021), to carry out projects to improve the energy resilience
of public or nonprofit buildings, including projects to
increase the energy efficiency and grid integration of public
or nonprofit buildings or the renewable energy used at public
or nonprofit buildings.
(b) Use of Funds.--
(1) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue guidelines
for measures for States to include in any program with
respect to which a State receives financial assistance under
this section.
(2) Administrative expenses.--A State receiving financial
assistance under this section shall use not more than 10
percent for administrative purposes.
(3) No matching funds requirement.--The Secretary may not
require a State receiving financial assistance under this
section to provide matching funds.
(4) Exemption.--Activities carried out using funds
appropriated under subsection (a) shall not be subject to the
expenditure prohibitions and limitations of the State Energy
Program under section 420.18 of title 10, Code of Federal
Regulations.
(c) Definitions.--In this section:
(1) Energy resilience.--The term ``energy resilience''
means the ability to withstand and quickly recover from an
energy supply disruption.
(2) Public or nonprofit building.--The term ``public or
nonprofit building'' means a public or nonprofit building
described in section 362(d)(5)(B) of the Energy Policy and
Conservation Act (42 U.S.C. 6322(d)(5)(B)).
(3) State.--The term ``State'' has the meaning given the
term in section 3 of the Energy Policy and Conservation Act
(42 U.S.C. 6202).
SEC. 30422. ASSISTANCE FOR LATEST AND ZERO BUILDING ENERGY
CODE ADOPTION.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated--
(1) $100,000,000, to remain available until September 30,
2031, to carry out activities under part D of title III of
the Energy Policy and Conservation Act (42 U.S.C. 6321
through 6326) in accordance with subsection (b); and
[[Page H6415]]
(2) $200,000,000, to remain available until September 30,
2031, to carry out activities under part D of title III of
the Energy Policy and Conservation Act (42 U.S.C. 6321
through 6326) in accordance with subsection (c).
(b) Latest Building Energy Code.--The Secretary of Energy
shall use funds made available under subsection (a)(1) for
grants to assist States, and units of local government that
have authority to adopt building codes, to--
(1) adopt--
(A) a building energy code (or codes) for residential
buildings that meets or exceeds the 2021 International Energy
Conservation Code, or achieves equivalent or greater energy
savings;
(B) a building energy code (or codes) for commercial
buildings that meets or exceeds the ANSI/ASHRAE/IES Standard
90.1-2019, or achieves equivalent or greater energy savings;
or
(C) any combination of building energy codes described in
subparagraph (A) or (B); and
(2) implement a plan for the jurisdiction to achieve full
compliance with any building energy code adopted under
paragraph (1) in new and renovated residential or commercial
buildings, as applicable, which plan shall include active
training and enforcement programs and measurement of the rate
of compliance each year.
(c) Zero Energy Code.--The Secretary of Energy shall use
funds made available under subsection (a)(2) for grants to
assist States, and units of local government that have
authority to adopt building codes, to--
(1) adopt a building energy code (or codes) for residential
and commercial buildings that meets or exceeds the zero
energy provisions in the 2021 International Energy
Conservation Code or an equivalent stretch code; and
(2) implement a plan for the jurisdiction to achieve full
compliance with any building energy code adopted under
paragraph (1) in new and renovated residential and commercial
buildings, which plan shall include active training and
enforcement programs and measurement of the rate of
compliance each year.
(d) State Match.--The State cost share requirement under
the item relating to ``Department of Energy--Energy
Conservation'' in title II of the Department of the Interior
and Related Agencies Appropriations Act, 1985 (42 U.S.C.
6323a; 98 Stat. 1861) shall not apply to assistance provided
under this section.
(e) State Defined.--In this section, the term ``State'' has
the meaning given that term in section 3 of the Energy Policy
and Conservation Act (42 U.S.C. 6202).
(f) Administrative Costs.--Of the amounts made available
under this section, the Secretary shall reserve 5 percent for
administrative costs necessary to carry out this section.
PART 3--ZERO-EMISSIONS VEHICLE INFRASTRUCTURE
SEC. 30431. ZERO-EMISSIONS VEHICLE INFRASTRUCTURE GRANTS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available through September 30, 2028,
to be distributed to States in accordance with the formula
for the State Energy Program established in part 420 of title
10, Code of Federal Regulations (as in effect on January 1,
2021)--
(1) $600,000,000 to carry out a program to provide
financial assistance to States to develop and implement State
programs described in subsection (d)(5) of section 362 of the
Energy Policy and Conservation Act (42 U.S.C. 6322), as part
of an approved State energy conservation plan under that
section, to carry out projects to build out publicly
accessible level 2 electric vehicle supply equipment in rural
communities or underserved or disadvantaged communities;
(2) $200,000,000 to carry out a program to provide
financial assistance to States to develop and implement State
programs described in subsection (d)(5) of section 362 of the
Energy Policy and Conservation Act (42 U.S.C. 6322), as part
of an approved State energy conservation plan under that
section, to carry out projects to build out publicly
accessible networked direct current fast charge electric
vehicle supply equipment in rural communities or underserved
or disadvantaged communities; and
(3) $200,000,000 to carry out a program to provide
financial assistance to States to develop and implement State
programs described in subsection (d)(5) of section 362 of the
Energy Policy and Conservation Act (42 U.S.C. 6322), as part
of an approved State energy conservation plan under that
section, to carry out projects to build out hydrogen fueling
stations in rural communities or underserved or disadvantaged
communities.
(b) Requirements.--
(1) Measures.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish
requirements for measures to be included in any program with
respect to which a State receives financial assistance under
this section.
(2) Administrative expenses.--A State receiving financial
assistance under this section shall use not more than 5
percent for administrative purposes.
(3) No matching funds requirement.--The Secretary may not
require a State receiving financial assistance under this
section to provide matching funds.
(4) Eligible entities.--Financial assistance provided by a
State using funds made available under this section shall
only be available to eligible entities.
(5) Third-party contracts.--A State or eligible entity may
enter into a contract with a private third-party entity for
the build out of electric vehicle supply equipment or
hydrogen fueling stations under subsection (a).
(6) Use of private property.--A State or eligible entity
may enter into an agreement for the use of publicly
accessible private property.
(7) Limitation.--The Secretary shall ensure that no entity
receives a profit for access to or hosting of electric
vehicle supply equipment or hydrogen fueling stations built
out under a contract entered into under paragraph (5) or
pursuant to an agreement entered into under paragraph (6),
except that the Secretary shall determine an appropriate
amount of profit that an entity may receive for the sale of
electricity or hydrogen and the operation and maintenance of
such electric vehicle supply equipment or hydrogen fueling
stations.
(8) Reallocation of funds.--A State shall return to the
Secretary any funds received under subsection (a) that the
State does not award within 3 years of receiving such funds,
and the Secretary shall reallocate such funds to other
States.
(c) Definitions.--In this section:
(1) Electric vehicle supply equipment.--The term ``electric
vehicle supply equipment'' means any conductors, including
ungrounded, grounded, and equipment grounding conductors,
electric vehicle connectors, attachment plugs, and all other
fittings, devices, power outlets, electrical equipment,
stationary energy storage systems, off-grid charging
installations, or apparatuses installed specifically for the
purpose of delivering energy to an electric vehicle or to a
battery intended to be used in an electric vehicle.
(2) Eligible entity.--The term ``eligible entity'' means a
local, Tribal, or territorial government, a not-for-profit
entity, a nonprofit entity, a metropolitan planning
organization, or an entity with fewer than 50 employees, as
determined by the Secretary.
(3) Level 2 electric vehicle supply equipment.--The term
``level 2 electric vehicle supply equipment'' means electric
vehicle supply equipment that provides an alternating current
power source at a minimum of 208 volts.
(4) Networked direct current fast charge electric vehicle
supply equipment.--The term ``networked direct current fast
charge electric vehicle supply equipment'' means electric
vehicle supply equipment that is capable of providing a
direct current power source at a minimum of 50 kilowatts and
is enabled to connect to a network to facilitate at least
data collection and access.
(5) Private third-party entity.--The term ``private third-
party entity'' means a non-governmental entity, including a
private business, that is able to contract with the State or
an eligible entity to carry out projects to build out
electric vehicle supply equipment or hydrogen fueling
stations.
(6) Publicly accessible.--The term ``publicly accessible''
means available to members of the public, including within or
around--
(A) multiunit housing structures;
(B) workplaces;
(C) commercial locations that are accessible for a minimum
of 12 hours per day at least 5 days a week, and capable of
being monitored remotely; or
(D) other locations that are accessible for a minimum of 12
hours per day at least 5 days a week, and capable of being
monitored remotely.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Underserved or disadvantaged community.--The term
``underserved or disadvantaged community'' means a community
or geographic area that is identified by the Secretary as--
(A) a low-income community;
(B) a Tribal community;
(C) having a disproportionately low number of electric
vehicle charging stations per capita, compared to similar
areas; or
(D) disproportionately vulnerable to, or bearing a
disproportionate burden of, any combination of economic,
social, environmental, or climate stressors.
PART 4--DOE LOAN AND GRANT PROGRAMS
SEC. 30441. FUNDING FOR DEPARTMENT OF ENERGY LOAN PROGRAMS
OFFICE.
(a) Commitment Authority.--In addition to commitment
authority otherwise available and previously provided, the
Secretary of Energy may make commitments to guarantee loans
for eligible projects under section 1703 of the Energy Policy
Act of 2005 up to a total principal amount of
$40,000,000,000, to remain available until September 30,
2026: Provided, That for amounts collected pursuant to
section 1702(b)(2) of the Energy Policy Act of 2005, the
source of such payment received from borrowers may not be a
loan or other debt obligation that is guaranteed by the
Federal Government: Provided further, That none of the loan
guarantee authority made available by this section shall be
available for any project unless the President has certified
in advance in writing that the loan guarantee and the project
comply with the provisions under this section: Provided
further, That none of such loan guarantee authority made
available by this section shall be available for commitments
to guarantee loans for any projects where funds, personnel,
or property (tangible or intangible) of any Federal agency,
instrumentality, personnel, or affiliated entity are expected
to be used (directly or indirectly) through acquisitions,
contracts, demonstrations, exchanges, grants, incentives,
leases, procurements, sales, other transaction authority, or
other arrangements, to support the project or to obtain goods
or services from the project: Provided further, That the
previous proviso shall not be interpreted as precluding the
use of the loan guarantee authority provided by this section
for commitments to guarantee loans for--
(1) projects as a result of such projects benefitting from
otherwise allowable Federal tax benefits;
(2) projects as a result of such projects benefitting from
being located on Federal land pursuant to a lease or right-
of-way agreement for which all consideration for all uses
is--
[[Page H6416]]
(A) paid exclusively in cash;
(B) deposited in the Treasury as offsetting receipts; and
(C) equal to the fair market value;
(3) projects as a result of such projects benefitting from
the Federal insurance program under section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210); or
(4) electric generation projects using transmission
facilities owned or operated by a Federal Power Marketing
Administration or the Tennessee Valley Authority that have
been authorized, approved, and financed independent of the
project receiving the guarantee.
(b) Appropriation.--In addition to amounts otherwise
available and previously provided, there is appropriated to
the Secretary of Energy for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$3,600,000,000, to remain available until September 30, 2026,
for the costs of guarantees made under section 1703 of the
Energy Policy Act of 2005, using the loan guarantee authority
provided under subsection (a) of this section.
(c) Administrative Expenses.--Of the amount made available
under subsection (b), the Secretary of Energy shall reserve 3
percent for administrative expenses to carry out title XVII
of the Energy Policy Act of 2005 and for carrying out section
1702(h)(3) of such Act.
SEC. 30442. ADVANCED TECHNOLOGY VEHICLE MANUFACTURING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,000,000,000, to remain available
until September 30, 2028, for the costs of--
(1) providing direct loans under section 136(d) of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17013(d)); and
(2) providing direct loans, in accordance with section 136
of such Act, for reequipping, expanding, or establishing a
manufacturing facility in the United States to produce, or
for engineering integration performed in the United States
of--
(A) a medium duty vehicle or a heavy duty vehicle; or
(B) any of the following that emit, under any possible
operational mode or condition, zero exhaust emissions of any
greenhouse gas:
(i) A train or locomotive.
(ii) A maritime vessel.
(iii) An aircraft.
(iv) Hyperloop technology.
(b) Administrative Costs.--The Secretary shall reserve
$25,000,000 of amounts made available under subsection (a)
for administrative costs of providing loans as described in
subsection (a).
(c) Elimination of Loan Program Cap.--Section 136(d)(1) of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17013(d)(1)) is amended by striking ``a total of not more
than $25,000,000,000 in''.
SEC. 30443. DOMESTIC MANUFACTURING CONVERSION GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $3,500,000,000, to remain available
until expended, for grants relating to domestic production of
plug-in electric hybrid, plug-in electric drive, and hydrogen
fuel cell electric vehicles, in accordance with section 712
of the Energy Policy Act of 2005 (42 U.S.C. 16062).
(b) Administrative Costs.--The Secretary shall reserve 3
percent of amounts made available under subsection (a) for
administrative costs of making grants described in such
subsection (a) pursuant to section 712 of the Energy Policy
Act of 2005 (42 U.S.C. 16062).
SEC. 30444. ENERGY COMMUNITY REINVESTMENT FINANCING.
Title XVII of the Energy Policy Act of 2005 is amended by
inserting after section 1705 (42 U.S.C. 16516) the following:
``SEC. 1706. ENERGY COMMUNITY REINVESTMENT FINANCING PROGRAM.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000,000, to remain available until
September 30, 2026, for the cost of providing financial
support under this section, the gross principal amount of
which shall not exceed $250,000,000,000.
``(b) Establishment.--Notwithstanding section 1702(f) and
section 1703, and not later than 180 days after the date of
enactment of this section, the Secretary shall establish a
program to provide financial support, in such form and on
such terms and conditions as the Secretary determines
appropriate, to eligible entities for the purpose of making
or enabling low-carbon reinvestments in energy communities,
which such reinvestments may include--
``(1) supporting workers who are or have been engaged in
providing, or have been affected by the provision of, energy-
intensive goods or services by helping such workers find
employment opportunities, including by providing training and
education;
``(2) redeveloping a community that is or was engaged in
providing, or has been affected by the provision of, energy-
intensive goods or services;
``(3) accelerating remediation of environmental damage
caused by the provision of energy-intensive goods or
services; and
``(4) mitigating the effects on customers of any
significant reduction in the carbon intensity of goods or
services provided by the eligible entity, including by the
cost-effective abatement of greenhouse gas emissions from
continuing operations and the repowering, retooling,
repurposing, redeveloping, or remediating of any long-lived
assets, lands, or infrastructure currently or previously used
by the eligible entity primarily to support the provision of
energy-intensive goods or services.
``(c) Application Requirement.--To apply for financial
support provided under this section, an eligible entity shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require, which such application shall include--
``(1) a detailed plan describing the activities to be
carried out in accordance with subsection (b), including
activities for the measurement, monitoring, and verification
of emissions of greenhouse gases; and
``(2) if the eligible entity is a utility subject to
regulation by a State commission or other State regulatory
authority, assurances, as determined appropriate by the
Secretary, that such eligible entity shall pass through any
financial benefit from the provision of any financial support
under this section to its customers or energy communities.
``(d) Other Requirements.--
``(1) Fees.--Notwithstanding section 1702(h)(1), the
Secretary shall charge and collect a fee from each eligible
entity that received financial support provided under this
section in an amount the Secretary determines sufficient to
cover applicable administrative expenses (including any costs
associated with third party consultants engaged by the
Secretary).
``(2) Specific appropriation or contribution.--Any cost for
any financial support provided under this section shall be
paid in accordance with subsection (b) of section 1702 (for
purposes of which any reference in such subsection to a
guarantee shall be considered to be a reference to financial
support).
``(e) Definitions.--In this section:
``(1) Cost.--Notwithstanding section 1701, the term `cost'
has the meaning given such term in section 502 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a).
``(2) Eligible entity.--The term `eligible entity' means
any entity that is directly affiliated with the provision of
energy-intensive goods or services.
``(3) Energy community.--The term `energy community' means
a community whose members are or were engaged in providing,
or have been affected by the provision of, energy-intensive
goods and services.
``(4) Financial support.--The term `financial support'
means any credit product or support the Secretary determines
appropriate to implement this section, including--
``(A) a line of credit; and
``(B) a guarantee, including of a letter of credit for the
purposes of subsection (b)(3).''.
SEC. 30445. TRIBAL ENERGY LOAN GUARANTEE PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $200,000,000, to remain available
until September 30, 2028, to carry out section 2602(c) of the
Energy Policy Act of 1992 (25 U.S.C. 3502(c)).
(b) Inclusions in Title XVII Definition of Guarantee.--
Section 1701(4)(B) of the Energy Policy Act of 2005 (42
U.S.C. 16511(4)(B)) is amended by striking the period at the
end and inserting ``and, for purposes of minimizing financing
costs, includes a guarantee by the Secretary of 100 percent
of the unpaid principal and interest due on any obligation to
the Federal Financing Bank.''.
(c) Department of Energy Tribal Energy Loan Guarantee
Program.-- Section 2602(c) of the Energy Policy Act of 1992
(25 U.S.C. 3502(c)) is amended--
(1) in paragraph (1), by striking ``(as defined in section
502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a))
for an amount equal to not more than 90 percent of'' and
inserting ``(as defined in section 1701 of the Energy Policy
Act of 2005 (42 U.S.C. 16511)) for''; and
(2) in paragraph (4), by striking ``$2,000,000,000'' and
inserting ``$20,000,000,000''.
PART 5--ELECTRIC TRANSMISSION
SEC. 30451. TRANSMISSION LINE AND INTERTIE INCENTIVES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, to remain available until September
30, 2030, $1,500,000,000 for purposes of providing grants
under subsection (b) and for administrative expenses
associated with carrying out this section, and $500,000,000
for the costs of providing direct loans under subsection (b):
Provided, That the Secretary shall not enter into any loan
agreement pursuant to this section that could result in
disbursements after September 30, 2031, or any grant
agreement pursuant to this section that could result in any
outlays after September 30, 2031: Provided further, That none
of such loan authority made available by this section shall
be available for loans for any projects where funds,
personnel, or property (tangible or intangible) of any
Federal agency, instrumentality, personnel, or affiliated
entity are expected to be used (directly or indirectly)
through acquisitions, contracts, demonstrations, exchanges,
grants, incentives, leases, procurements, sales, other
transaction authority, or other arrangements to support the
project or to obtain goods or services from the project:
Provided further, That the previous proviso shall not be
interpreted as precluding the use of the loan authority
provided by this section for commitments to loans for: (1)
projects benefitting from otherwise allowable Federal tax
benefits; (2) projects benefitting from being located on
Federal land pursuant to a lease or right-of-way agreement
for which all consideration for all uses is: (A) paid
exclusively in cash; (B) deposited in the Treasury as
offsetting receipts; and (C) equal to the fair market value;
(3) projects benefitting from the Federal insurance program
under section 170 of the Atomic
[[Page H6417]]
Energy Act of 1954 (42 U.S.C. 2210); or (4) electric
generation projects using transmission facilities owned or
operated by a Federal Power Marketing Administration or the
Tennessee Valley Authority that have been authorized,
approved, and financed independent of the project receiving
the guarantee: Provided further, That none of the loan
authority made available by this section shall be available
for any project unless the President has certified in advance
in writing that the loan and the project comply with the
provisions under this section.
(b) In General.--Except as provided in subsection (c), the
Secretary of Energy may provide grants and direct loans to
eligible entities to construct new, or make upgrades to
existing, eligible transmission lines or eligible interties,
including the related facilities thereof, if the Secretary of
Energy determines that such construction or upgrade would
support--
(1) a more robust and resilient electric grid; and
(2) the integration of electricity from a clean energy
facility into the electric grid.
(c) Other Requirements.--
(1) Interest rates.--The Secretary of Energy shall
determine the rate of interest to charge on direct loans
provided under subsection (b) by taking into consideration
market yields on outstanding marketable obligations of the
United States of comparable maturities as of the date the
loan is disbursed.
(2) Recovery of costs for grants.--A grant provided under
this section may not be used to cover the portion of costs
for the construction of new, or for making upgrades to
existing, eligible transmission lines or eligible interties,
including the related facilities thereof, that are approved
for recovery through a Transmission Organization, regional
planning authority, governing or ratemaking body of an
electric cooperative, State commission, or another similar
body.
(3) No duplicate assistance.--No eligible entity may
receive both a grant and a direct loan for the same
construction of, or upgrade to, an eligible transmission line
or eligible intertie under this section.
(d) Definitions.--In this section:
(1) Clean energy facility.--The term ``clean energy
facility'' means any electric generating unit that does not
emit carbon dioxide.
(2) Direct loan.--The term ``direct loan'' means a
disbursement of funds by the Government to a non-Federal
borrower under a contract that requires the repayment of such
funds with or without interest. The term includes the
purchase of, or participation in, a loan made by another
lender and financing arrangements that defer payment for more
than 90 days, including the sale of a government asset on
credit terms.
(3) Eligible entity.--The term ``eligible entity'' means a
non-Federal entity.
(4) Eligible intertie.--The term ``eligible intertie''
means--
(A) any interties across the seam between the Western
Interconnection and the Eastern Interconnection;
(B) the Pacific Northwest-Pacific Southwest Intertie;
(C) any interties between the Electric Reliability Council
of Texas and the Western Interconnection or the Eastern
Interconnection; or
(D) such other interties that the Secretary determines
contribute to--
(i) a more robust and resilient electric grid; and
(ii) the integration of electricity from a clean energy
facility into the electric grid.
(5) Eligible transmission line.--The term ``eligible
transmission line'' means an electric power transmission line
that--
(A) in the case of new construction under subsection (b),
has a transmitting capacity of not less than 1,000 megawatts;
(B) in the case of an upgrade made under subsection (b),
the upgrade to which will increase its transmitting capacity
by not less than 500 megawatts; and
(C) is capable of transmitting electricity--
(i) across any eligible intertie;
(ii) from an offshore wind generating facility; or
(iii) along a route, or in a corridor, determined by the
Secretary of Energy to be necessary to meet interregional or
national electricity transmission needs.
(6) State commission; transmission organization.--The terms
``State commission'' and ``Transmission Organization'' have
the meanings given such terms in section 3 of the Federal
Power Act (16 U.S.C. 796).
SEC. 30452. GRANTS TO FACILITATE THE SITING OF INTERSTATE
ELECTRICITY TRANSMISSION LINES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $800,000,000, to remain available
until September 30, 2029, for making grants in accordance
with this section and for administrative expenses associated
with carrying out this section.
(b) Use of Funds.--
(1) In general.--The Secretary may make a grant under this
section to a siting authority for, with respect to a covered
transmission project, any of the following activities:
(A) Studies and analyses of the impacts of the covered
transmission project.
(B) Examination of up to 3 alternate siting corridors
within which the covered transmission project feasibly could
be sited.
(C) Hosting and facilitation of negotiations in settlement
meetings involving the siting authority, the covered
transmission project applicant, and opponents of the covered
transmission project, for the purpose of identifying and
addressing issues that are preventing approval of the
application relating to the siting or permitting of the
covered transmission project.
(D) Participation by the siting authority in regulatory
proceedings or negotiations in another jurisdiction, or under
the auspices of a Transmission Organization (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)) that is
also considering the siting or permitting of the covered
transmission project.
(E) Participation by the siting authority in regulatory
proceedings at the Federal Energy Regulatory Commission or a
State regulatory commission for determining applicable rates
and cost allocation for the covered transmission project.
(F) Other measures and actions that may improve the chances
of, and shorten the time required for, approval by the siting
authority of the application relating to the siting or
permitting of the covered transmission project, as the
Secretary determines appropriate.
(2) Economic development.--The Secretary may make a grant
under this section to a siting authority, or other State,
local, or Tribal governmental entity, for economic
development activities for communities that may be affected
by the construction and operation of a covered transmission
project, provided that the Secretary shall not enter into any
grant agreement pursuant to this section that could result in
any outlays after September 30, 2031.
(c) Conditions.--
(1) Final decision on application.--In order to receive a
grant for an activity described in subsection (b)(1), the
Secretary shall require a siting authority to agree, in
writing, to reach a final decision on the application
relating to the siting or permitting of the applicable
covered transmission project not later than 2 years after the
date on which such grant is provided, unless the Secretary
authorizes an extension for good cause.
(2) Federal share.--The Federal share of the cost of an
activity described in subparagraph (D) or (E) of subsection
(b)(1) shall not exceed 50 percent.
(3) Economic development.--The Secretary may only disburse
grant funds for economic development activities under
subsection (b)(2)--
(A) to a siting authority upon approval by the siting
authority of the applicable covered transmission project; and
(B) to any other State, local, or Tribal governmental
entity upon commencement of construction of the applicable
covered transmission project in the area under the
jurisdiction of the entity.
(d) Returning Funds.--If a siting authority that receives a
grant for an activity described in subsection (b)(1) fails to
use all grant funds within 2 years of receipt, the siting
authority shall return to the Secretary any such unused
funds.
(e) Definitions.--In this section:
(1) Covered transmission project.--The term ``covered
transmission project'' means a high-voltage interstate or
offshore electricity transmission line--
(A) that is proposed to be constructed and to operate at a
minimum of 275 kilovolts of either alternating-current or
direct-current electric energy by an entity; and
(B) for which such entity has applied, or informed a siting
authority of such entity's intent to apply, for regulatory
approval.
(2) Siting authority.--The term ``siting authority'' means
a State, local, or Tribal governmental entity with authority
to make a final determination regarding the siting,
permitting, or regulatory status of a covered transmission
project that is proposed to be located in an area under the
jurisdiction of the entity.
(3) State.--The term ``State'' means a State, the District
of Columbia, or any territory or possession of the United
States.
SEC. 30453. ORGANIZED WHOLESALE ELECTRICITY MARKET TECHNICAL
ASSISTANCE GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $40,000,000, to remain available until fiscal
year 2031, for purposes of carrying out a program to
provide--
(1) technical assistance and grants to States to evaluate
forming, participating in, expanding, or improving organized
wholesale electricity markets; and
(2) grants to States to procure data or technology systems
related to forming, participating in, expanding, or improving
organized wholesale electricity markets.
(b) Applications.--To apply for technical assistance or a
grant provided under this section, a State shall submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
(c) Definitions.--In this section:
(1) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings
given such terms in section 3 of the Federal Power Act (16
U.S.C. 796).
(2) Organized wholesale electricity market.--The term
``organized wholesale electricity market'' means an
Independent System Operator or a Regional Transmission
Organization.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) State.--The term ``State'' means a State or the
District of Columbia.
SEC. 30454. INTERREGIONAL AND OFFSHORE WIND ELECTRICITY
TRANSMISSION PLANNING, MODELING, AND ANALYSIS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available
until September 30, 2031, to carry out this section.
(b) Use of Funds.--The Secretary of Energy shall use
amounts made available under subsection (a) to--
[[Page H6418]]
(1) pay expenses associated with convening relevant
stakeholders, including States, generation and transmission
developers, regional transmission organizations, independent
system operators, environmental organizations, electric
utilities, and other stakeholders the Secretary determines
appropriate, to address the development of interregional
electricity transmission and transmission of electricity that
is generated by offshore wind; and
(2) conduct planning, modeling, and analysis regarding
interregional electricity transmission and transmission of
electricity that is generated by offshore wind, taking into
account the local, regional, and national economic,
reliability, resilience, security, public policy, and
environmental benefits of interregional electricity
transmission and transmission of electricity that is
generated by offshore wind, including planning, modeling, and
analysis, as the Secretary determines appropriate, pertaining
to--
(A) clean energy integration into the electric grid,
including the identification of renewable energy zones;
(B) the effects of changes in weather due to climate change
on the reliability and resilience of the electric grid;
(C) cost allocation methodologies that facilitate the
expansion of the bulk power system;
(D) the benefits of coordination between generator
interconnection processes and transmission planning
processes;
(E) the effect of increased electrification on the electric
grid;
(F) power flow modeling;
(G) the benefits of increased interconnections or interties
between or among the Western Interconnection, the Eastern
Interconnection, the Electric Reliability Council of Texas,
and other interconnections, as applicable;
(H) the cooptimization of transmission and generation,
including variable energy resources, energy storage, and
demand-side management;
(I) the opportunities for use of nontransmission
alternatives, energy storage, and grid-enhancing
technologies;
(J) economic development opportunities for communities
arising from development of interregional electricity
transmission and transmission of electricity that is
generated by offshore wind;
(K) evaluation of existing rights-of-way and the need for
additional transmission corridors; and
(L) a planned national transmission grid, which would
include a networked transmission system to optimize the
existing grid for interconnection of offshore wind farms.
PART 6--ENVIRONMENTAL REVIEWS
SEC. 30461. DEPARTMENT OF ENERGY.
In addition to amounts otherwise available, there is
appropriated to the Department of Energy for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $125,000,000, to remain available until
September 30, 2031, to provide for the development of more
efficient, accurate, and timely reviews for planning,
permitting, and approval processes through the hiring and
training of personnel, the development of programmatic
documents, the procurement of technical or scientific
services for reviews, the development of data or information
systems, stakeholder and community engagement, the purchase
of new equipment for analysis, and the development of
geographic information systems and other analysis tools,
techniques, and guidance to improve agency transparency,
accountability, and public engagement.
SEC. 30462. FEDERAL ENERGY REGULATORY COMMISSION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Federal Energy
Regulatory Commission for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $75,000,000, to
remain available until September 30, 2031, to provide for the
development of more efficient, accurate, and timely reviews
for planning, permitting, and approval processes through the
hiring and training of personnel, the development of
programmatic documents, the procurement of technical or
scientific services for reviews, the development of data or
information systems, stakeholder and community engagement,
the purchase of new equipment for analysis, and the
development of geographic information systems and other
analysis tools, techniques, and guidance to improve agency
transparency, accountability, and public engagement.
(b) Fees and Charges.--Section 3401(a) of the Omnibus
Budget Reconciliation Act of 1986 (42 U.S.C. 7178(a)) shall
not apply to the costs incurred by the Federal Energy
Regulatory Commission in carrying out this section.
PART 7--INDUSTRIAL
SEC. 30471. ADVANCED INDUSTRIAL FACILITIES DEPLOYMENT
PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $4,000,000,000, to remain available
until September 30, 2026, to carry out this section.
(b) Program.--The Secretary shall use funds appropriated by
subsection (a) to establish a program to provide financial
assistance, on a competitive basis, to eligible entities to
carry out projects for--
(1) the purchase and installation, or implementation, of
advanced industrial technology at an eligible facility;
(2) retrofits, upgrades to, or operational improvements at
an eligible facility to install or implement advanced
industrial technology; or
(3) engineering studies and other work needed to prepare an
eligible facility for activities described in paragraph (1)
or (2).
(c) Application.--To be eligible to receive financial
assistance under the program established under subsection
(b), an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including the
expected greenhouse gas emissions reductions to be achieved
by carrying out the project.
(d) Priority.--In providing financial assistance under the
program established under subsection (b), the Secretary shall
give priority consideration to projects on the basis of, as
determined by the Secretary--
(1) the expected greenhouse gas emissions reductions to be
achieved by carrying out the project;
(2) the extent to which the project would provide the
greatest benefit for the greatest number of people within the
area in which the eligible facility is located; and
(3) whether the eligible entity participates or would
participate in a partnership with purchasers of the output of
the eligible facility.
(e) Cost Share.--The Secretary may require an eligible
entity to provide not more than 50 percent of the cost of a
project carried out pursuant to this section.
(f) Administrative Costs.--The Secretary shall reserve
$200,000,000 of amounts made available under subsection (a)
for administrative costs of carrying out this section.
(g) Definitions.--
(1) Advanced industrial technology.--The term ``advanced
industrial technology'' means technology or processes
designed to accelerate greenhouse gas emissions reduction
progress to net-zero at an eligible facility, as determined
by the Secretary, including--
(A) industrial energy efficiency technologies;
(B) equipment to electrify industrial processes;
(C) equipment to utilize low- or zero-carbon fuels,
feedstocks, and energy sources;
(D) low- or zero-carbon process heat systems; and
(E) carbon capture, transport, utilization, and storage
systems.
(2) Eligible entity.--The term ``eligible entity'' means
the owner or operator of an eligible facility.
(3) Eligible facility.--The term ``eligible facility''
means a domestic, non-Federal, nonpower industrial or
manufacturing facility engaged in energy-intensive industrial
processes, including production processes for iron, steel,
steel mill products, aluminum, cement, concrete, glass, pulp,
paper, and industrial ceramics.
(4) Financial assistance.--The term ``financial
assistance'' means a grant, rebate, or cooperative agreement.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
PART 8--OTHER ENERGY MATTERS
SEC. 30481. OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Department of Energy for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000, to remain available until September
30, 2031, for oversight by the Department of Energy Office of
Inspector General of the Department of Energy activities for
which funding is appropriated in this subtitle.
SEC. 30482. ENERGY INFORMATION ADMINISTRATION.
In addition to amounts otherwise available, there is
appropriated to the Administrator of the Energy Information
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $40,000,000, to remain
available until September 30, 2031, for data collection,
research, and analysis activities.
Subtitle E--Affordable Health Care Coverage
SEC. 30601. ENSURING AFFORDABILITY OF COVERAGE FOR CERTAIN
LOW-INCOME POPULATIONS.
(a) Reducing Cost Sharing Under Qualified Health Plans.--
Section 1402 of the Patient Protection and Affordable Care
Act (42 U.S.C. 18071) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by inserting ``(or, with respect to
plan years 2023, 2024, and 2025, whose household income does
not exceed 400 percent of the poverty line for a family of
the size involved)'' before the period; and
(B) in the matter following paragraph (2), by adding at the
end the following new sentence: ``In the case of an
individual who is determined at any point to have a household
income for 2022 that does not exceed 138 percent of the
poverty line for a family of the size involved, such
individual shall, for each month during such year, be treated
as having a household income equal to 100 percent for
purposes of applying this section.''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), in the matter preceding clause
(i), by inserting ``, with respect to eligible insureds
(other than, with respect to plan years 2023, 2024, and 2025,
specified enrollees (as defined in paragraph (6)(C))),''
after ``first be achieved'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``with respect to eligible insureds (other
than, with respect to plan years 2023, 2024, and 2025,
specified enrollees)'' after ``under the plan'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``this subsection''
and inserting ``paragraph (1) or (2)''; and
(ii) in subparagraph (B), by striking ``this section'' and
inserting ``paragraphs (1) and (2)''; and
(D) by adding at the end the following new paragraph:
``(6) Special rule for specified enrollees.--
``(A) In general.--The Secretary shall establish procedures
under which the issuer of a qualified health plan to which
this section applies shall reduce cost-sharing under the plan
[[Page H6419]]
with respect to months occurring during plan years 2023,
2024, and 2025 for enrollees who are specified enrollees (as
defined in subparagraph (C)) in a manner sufficient to
increase the plan's share of the total allowed costs of
benefits provided under the plan to 99 percent of such costs.
``(B) Methods for reducing cost sharing.--
``(i) In general.--An issuer of a qualified health plan
making reductions under this paragraph shall notify the
Secretary of such reductions and the Secretary shall, out of
funds made available under clause (ii), make periodic and
timely payments to the issuer equal to 12 percent of the
total allowed costs of benefits provided under each such plan
to specified enrollees during plan years 2023, 2024, and
2025.
``(ii) Appropriation.--In addition to amounts otherwise
available, there are appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary to the Secretary to make payments under clause (i).
``(C) Specified enrollee defined.--For purposes of this
section, the term `specified enrollee' means, with respect to
a plan year, an eligible insured who is determined at any
point to have a household income for such plan year that does
not exceed 138 percent of the poverty line for a family of
the size involved. Such insured shall be deemed to be a
specified enrollee for each month in such plan year.''.
(b) Open Enrollments Applicable to Certain Lower-income
Populations.--Section 1311(c) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031(c)) is amended--
(1) in paragraph (6)--
(A) in subparagraph (C), by striking at the end ``and'';
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) with respect to a qualified health plan with respect
to which section 1402 applies, for months occurring during
the period beginning on January 1, 2022, and ending on
December 31, 2025, enrollment periods described in
subparagraph (A) of paragraph (8) for individuals described
in subparagraph (B) of such paragraph.''; and
(2) by adding at the end the following new paragraph:
``(8) Special enrollment period for certain low-income
populations.--
``(A) In general.--The enrollment period described in this
paragraph is, in the case of an individual described in
subparagraph (B), the continuous period beginning on the
first day that such individual is so described.
``(B) Individual described.--For purposes of subparagraph
(A), an individual described in this subparagraph is an
individual--
``(i) with a household income that does not exceed 138
percent of the poverty line for a family of the size
involved; and
``(ii) who is not eligible for minimum essential coverage
(as defined in section 5000A(f) of the Internal Revenue Code
of 1986), other than for coverage described in any of
subparagraphs (B) through (E) of paragraph (1) of such
section.''.
(c) Additional Benefits for Certain Low-income Individuals
for Plan Years 2024 and 2025.--Section 1301(a) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18021(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C)(iv), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) provides, with respect to a plan offered in the
silver level of coverage to which section 1402 applies during
plan year 2024 and 2025, for benefits described in paragraph
(5) in the case of an individual who has a household income
that does not exceed 138 percent of the poverty line for a
family of the size involved, and who is eligible to receive
cost-sharing reductions under section 1402.''; and
(2) by adding at the end the following new paragraph:
``(5) Additional benefits for certain low-income
individuals for plan year 2024 and 2025.--
``(A) In general.--
``(i) Benefits.--For purposes of paragraph (1)(D), the
benefits described in this paragraph to be provided by a
qualified health plan are benefits consisting of--
``(I) non-emergency medical transportation services (as
described in section 1902(a)(4) of the Social Security Act)
for which Federal payments would have been available under
title XIX of the Social Security Act had such services been
furnished to an individual enrolled under a State plan (or
waiver of such plan) under such title; and
``(II) services described in subsection (a)(4)(C) of
section 1905 of such Act for which Federal payments would
have been so available;
which are not otherwise provided under such plan as part of
the essential health benefits package described in section
1302(a).
``(ii) Condition on provision of benefits.--Benefits
described in this paragraph shall be provided--
``(I) without any restriction on the choice of a qualified
provider from whom an individual may receive such benefits;
and
``(II) without any imposition of cost sharing.
``(B) Payments for additional benefits.--
``(i) In general.--An issuer of a qualified health plan
making payments for services described in subparagraph (A)
furnished to individuals described in paragraph (1)(D) during
plan year 2024 or 2025 shall notify the Secretary of such
payments and the Secretary shall, out of funds made available
under clause (ii), make periodic and timely payments to the
issuer equal to payments for such services so furnished.
``(ii) Appropriation.--In addition to amounts otherwise
available, there is appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary to the Secretary to make payments under clause
(i).''.
(d) Education and Outreach Activities.----
(1) In general.--Section 1321(c) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18041(c)) is amended by
adding at the end the following new paragraph:
``(3) Outreach and educational activities.--
``(A) In general.--In the case of an Exchange established
or operated by the Secretary within a State pursuant to this
subsection, the Secretary shall carry out outreach and
educational activities for purposes of informing individuals
described in section 1902(a)(10)(A)(i)(VIII) of the Social
Security Act who reside in States that have not expended
amounts under a State plan (or waiver of such plan) under
title XIX of such Act for all such individuals about
qualified health plans offered through the Exchange,
including by informing such individuals of the availability
of coverage under such plans and financial assistance for
coverage under such plans. Such outreach and educational
activities shall be provided in a manner that is culturally
and linguistically appropriate to the needs of the
populations being served by the Exchange (including hard-to-
reach populations, such as racial and sexual minorities,
limited English proficient populations, individuals residing
in areas where the unemployment rates exceeds the national
average unemployment rate, individuals in rural areas,
veterans, and young adults).
``(B) Limitation on use of funds.--No funds appropriated
under this paragraph shall be used for expenditures for
promoting non-ACA compliant health insurance coverage.
``(C) Non-aca compliant health insurance coverage.--For
purposes of subparagraph (B):
``(i) The term `non-ACA compliant health insurance
coverage' means health insurance coverage, or a group health
plan, that is not a qualified health plan.
``(ii) Such term includes the following:
``(I) An association health plan.
``(II) Short-term limited duration insurance.
``(D) Funding.--In addition to amounts otherwise available,
there is appropriated, out of any money in the Treasury not
otherwise appropriated, to remain available until expended,
$105,000,000 for fiscal year 2022 to carry out this
paragraph, of which--
``(i) $15,000,000 shall be used to carry out this paragraph
in fiscal year 2022; and
``(ii) $30,000,000 shall be used to carry out this
paragraph for each of fiscal years 2023 through 2025.''.
(2) Navigator program.--Section 1311(i)(6) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031(i)(6)) is
amended--
(A) by striking ``Funding.--Grants under'' and inserting
``Funding.--
``(A) State exchanges.--Grants under''; and
(B) by adding at the end the following new subparagraph:
``(B) Federal exchanges.--For purposes of carrying out this
subsection, with respect to an Exchange established and
operated by the Secretary within a State pursuant to section
1321(c), the Secretary shall obligate not less than
$10,000,000 out of amounts collected through the user fees on
participating health insurance issuers pursuant to section
156.50 of title 45, Code of Federal Regulations (or any
successor regulations) for fiscal year 2022, and not less
than $20,000,000 for each of fiscal years 2023, 2024, and
2025. Such amount so obligated for a fiscal year shall remain
available until expended.''.
(e) Funding.--In addition to amounts otherwise available,
there is appropriated to the Secretary of Health and Human
Services for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $65,000,000, to remain
available until expended, for purposes of carrying out the
provisions of, and the amendments made by, this section,
section 30602, and section 30603.
SEC. 30602. ESTABLISHING A HEALTH INSURANCE AFFORDABILITY
FUND.
(a) In General.--Subtitle D of title I of the Patient
Protection and Affordable Care Act is amended by inserting
after section 1343 (42 U.S.C. 18063) the following new part:
``PART 6--IMPROVE HEALTH INSURANCE AFFORDABILITY FUND
``SEC. 1351. ESTABLISHMENT OF PROGRAM.
``There is hereby established the `Improve Health Insurance
Affordability Fund' to be administered by the Secretary of
Health and Human Services, acting through the Administrator
of the Centers for Medicare & Medicaid Services (in this
section referred to as the `Administrator'), to provide
funding, in accordance with this part, to the 50 States and
the District of Columbia (each referred to in this section as
a `State') beginning on January 1, 2023, for the purposes
described in section 1352.
``SEC. 1352. USE OF FUNDS.
``(a) In General.--A State shall use the funds allocated to
the State under this part for one of the following purposes:
``(1) To provide reinsurance payments to health insurance
issuers with respect to individuals enrolled under individual
health insurance coverage (other than through a plan
described in subsection (b)) offered by such issuers.
``(2) To provide assistance (other than through payments
described in paragraph (1)) to reduce out-of-pocket costs,
such as copayments, coinsurance, premiums, and deductibles,
of individuals enrolled under qualified health plans offered
on the individual market through an Exchange and of
individuals enrolled under standard health plans offered
through a basic health program established under section
1331.
[[Page H6420]]
``(b) Exclusion of Certain Grandfathered Plans,
Transitional Plans, Student Health Plans, and Excepted
Benefits.--For purposes of subsection (a), a plan described
in this subsection is the following:
``(1) A grandfathered health plan (as defined in section
1251).
``(2) A plan (commonly referred to as a `transitional
plan') continued under the letter issued by the Centers for
Medicare & Medicaid Services on November 14, 2013, to the
State Insurance Commissioners outlining a transitional policy
for coverage in the individual and small group markets to
which section 1251 does not apply, and under the extension of
the transitional policy for such coverage set forth in the
Insurance Standards Bulletin Series guidance issued by the
Centers for Medicare & Medicaid Services on March 5, 2014,
February 29, 2016, February 13, 2017, April 9, 2018, March
25, 2019, January 31, 2020, and January 19, 2021, or under
any subsequent extensions thereof.
``(3) Student health insurance coverage (as defined in
section 147.145 of title 45, Code of Federal Regulations, or
any successor regulation).
``(4) Excepted benefits (as defined in section 2791(c) of
the Public Health Service Act).
``SEC. 1353. STATE ELIGIBILITY AND APPROVAL; DEFAULT
SAFEGUARD.
``(a) Encouraging State Options for Allocations.--
``(1) In general.--Subject to subsection (b), to be
eligible for an allocation of funds under this part for a
year (beginning with 2023), a State shall submit to the
Administrator an application at such time (but, in the case
of allocations for 2023, not later than 120 days after the
date of the enactment of this part and, in the case of
allocations for a subsequent year, not later than January 1
of the previous year) and in such form and manner as
specified by the Administrator containing--
``(A) a description of how the funds will be used; and
``(B) such other information as the Administrator may
require.
``(2) Automatic approval.--An application so submitted is
approved (as outlined in the terms of the plan) unless the
Administrator notifies the State submitting the application,
not later than 90 days after the date of the submission of
such application, that the application has been denied for
not being in compliance with any requirement of this part and
of the reason for such denial.
``(3) Subsequent year application approval.--If an
application of a State is approved for a purpose described in
section 1352 for a year, such application shall be treated as
approved for such purpose for each of subsequent year through
2025.
``(4) Oversight authority and authority to revoke
approval.--
``(A) Oversight.--The Secretary may conduct periodic
reviews of the use of funds provided to a State under this
section, with respect to a purpose described in section 1352,
to ensure the State uses such funds for such purpose and
otherwise complies with the requirements of this section.
``(B) Revocation of approval.--The approval of an
application of a State, with respect to a purpose described
in section 1352, may be revoked if the State fails to use
funds provided to the State under this section for such
purpose or otherwise fails to comply with the requirements of
this section.
``(b) Default Federal Safeguard for 2023, 2024, and 2025
for Certain States.--
``(1) In general.--For 2023, 2024, and 2025, in the case of
a State described in paragraph (5), with respect to such
year, the State shall not be eligible to submit an
application under subsection (a), and the Administrator, in
consultation with the applicable State authority, shall from
the amount calculated under paragraph (3) for such year,
carry out the purpose described in paragraph (2) in such
State for such year.
``(2) Specified use.--The amount described in paragraph
(3), with respect to a State described in paragraph (5) for
2023, 2024, or 2025, shall be used to carry out the purpose
described in section 1352(a)(1) in such State for such year,
as applicable, by providing reinsurance payments to health
insurance issuers with respect to attachment range claims (as
defined in section 1354(b)(2), using the dollar amounts
specified in subparagraph (B) of such section for such year)
in an amount equal to, subject to paragraph (4), the
percentage (specified for such year by the Secretary under
such subparagraph) of the amount of such claims.
``(3) Amount described.--The amount described in this
paragraph, with respect to 2023, 2024, or 2025, is the amount
equal to the total sum of amounts that the Secretary would
otherwise estimate under section 1354(b)(2)(A)(i) for such
year for each State described in paragraph (5) for such year,
as applicable, if each such State were not so described for
such year.
``(4) Adjustment.--For purposes of this subsection, the
Secretary may apply a percentage under paragraph (3) with
respect to a year that is less than the percentage otherwise
specified in section 1354(b)(2)(B) for such year, if the cost
of paying the total eligible attachment range claims for
States described in paragraph (5) for such year at such
percentage otherwise specified would exceed the amount
calculated under paragraph (3) for such year.
``(5) State described.--A State described in this
paragraph, with respect to years 2023, 2024, and 2025, is a
State that, as of January 1 of 2022, 2023, or 2024,
respectively, was not expending amounts under the State plan
(or waiver of such plan) for all individuals described in
section 1902(a)(10)(A)(i)(VIII) during such year.
``SEC. 1354. ALLOCATIONS.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated, out of any money in the
Treasury not otherwise appropriated, $10,000,000,000 for 2023
and each subsequent year through 2025 to provide allocations
for States under subsection (b) and payments under section
1353(b).
``(b) Allocations.--
``(1) Payment.--
``(A) In general.--From amounts appropriated under
subsection (a) for a year, the Secretary shall, with respect
to a State not described in section 1353(b) for such year and
not later than the date specified under subparagraph (B) for
such year, allocate for such State the amount determined for
such State and year under paragraph (2).
``(B) Specified date.--For purposes of subparagraph (A),
the date specified in this subparagraph is--
``(i) for 2023, the date that is 90 days after the date of
the enactment of this part; and
``(ii) for 2024 or 2025, January 1 of the previous year.
``(C) Notifications of allocation amounts.--For 2024 and
2025, the Secretary shall notify each State of the amount
determined for such State under paragraph (2) for such year
by not later than January 1 of the previous year.
``(2) Allocation amount determinations.--
``(A) In general.--For purposes of paragraph (1), the
amount determined under this paragraph for a year for a State
described in paragraph (1)(A) for such year is the amount
equal to--
``(i) the amount that the Secretary estimates would be
expended under this part for such year on attachment range
claims of individuals residing in such State if such State
used such funds only for the purpose described in paragraph
(1) of section 1352(a) at the dollar amounts and percentage
specified under subparagraph (B) for such year; minus
``(ii) the amount, if any, by which the Secretary
determines--
``(I) the estimated amount of premium tax credits under
section 36B of the Internal Revenue Code of 1986 that would
be attributable to individuals residing in such State for
such year without application of this part; exceeds
``(II) the estimated amount of premium tax credits under
section 36B of the Internal Revenue Code of 1986 that would
be attributable to individuals residing in such State for
such year if section 1353(b) applied for such year and
applied with respect to such State for such year.
For purposes of the previous sentence and section 1353(b)(3),
the term `attachment range claims' means, with respect to an
individual, the claims for such individual that exceed a
dollar amount specified by the Secretary for a year, but do
not exceed a ceiling dollar amount specified by the Secretary
for such year, under subparagraph (B).
``(B) Specifications.--For purposes of subparagraph (A) and
section 1353(b)(3), the Secretary shall determine the dollar
amounts and the percentage to be specified under this
subparagraph for a year in a manner to ensure that the total
amount of expenditures under this part for such year is
estimated to equal the total amount appropriated for such
year under subsection (a) if such expenditures were used
solely for the purpose described in paragraph (1) of section
1352(a) for attachment range claims at the dollar amounts and
percentage so specified for such year.
``(3) Availability.--Funds allocated to a State under this
subsection for a year shall remain available through the end
of the subsequent year.''.
(b) Basic Health Program Funding Adjustments.--Section 1331
of the Patient Protection and Affordable Care Act (42 U.S.C.
18051) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(3) Provision of information on qualified health plan
premiums.--
``(A) In general.--For plan years beginning on or after
January 1, 2023, the program described in paragraph (1) shall
provide that a State may not establish a basic health program
unless such State furnishes to the Secretary, with respect to
each qualified health plan offered in such State during a
year that receives any reinsurance payment from funds made
available under part 6 for such year, the adjusted premium
amount (as defined in subparagraph (B)) for each such plan
and year.
``(B) Adjusted premium amount defined.--For purposes of
subparagraph (A), the term `adjusted premium amount' means,
with respect to a qualified health plan and a year, the
monthly premium for such plan and year that would have
applied had such plan not received any payments described in
subparagraph (A) for such year.''; and
(2) in subsection (d)(3)(A)(ii), by adding at the end the
following new sentence: ``In making such determination, the
Secretary shall calculate the value of such premium tax
credits that would have been provided to such individuals
enrolled through a basic health program established by a
State during a year using the adjusted premium amounts (as
defined in subsection (a)(3)(B)) for qualified health plans
offered in such State during such year.''.
(c) Implementation Authority.--The Secretary of Health and
Human Services may implement the provisions of, and the
amendments made by, this section by subregulatory guidance or
otherwise.
SEC. 30603. FUNDING FOR THE PROVISION OF HEALTH INSURANCE
CONSUMER INFORMATION.
Section 2793(e) of the Public Health Service Act (42 U.S.C.
300gg-93(e)) is amended by adding at the end the following
new paragraph:
``(3) Funding for 2022 through 2025.--In addition to
amounts otherwise available, there is appropriated, out of
any money in the Treasury not otherwise appropriated,
$100,000,000 for 2022, to remain available until expended, of
which $25,000,000 shall be used for each of 2022 through 2025
to carry out this section.''.
[[Page H6421]]
SEC. 30604. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR
INSULIN PRODUCTS.
(a) In General.--Part D of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-111 et seq.) is amended by
adding at the end the following:
``SEC. 2799A-11. REQUIREMENTS WITH RESPECT TO COST-SHARING
FOR CERTAIN INSULIN PRODUCTS.
``(a) In General.--For plan years beginning on or after
January 1, 2023, a group health plan or health insurance
issuer offering group or individual health insurance coverage
shall provide coverage of selected insulin products, and with
respect to such products, shall not--
``(1) apply any deductible; or
``(2) impose any cost-sharing in excess of the lesser of,
per 30-day supply--
``(A) $35; or
``(B) the amount equal to 25 percent of the negotiated
price of the selected insulin product net of all price
concessions received by or on behalf of the plan or coverage,
including price concessions received by or on behalf of
third-party entities providing services to the plan or
coverage, such as pharmacy benefit management services.
``(b) Definitions.--In this section:
``(1) Selected insulin products.--The term `selected
insulin products' means at least one of each dosage form
(such as vial, pump, or inhaler dosage forms) of each
different type (such as rapid-acting, short-acting,
intermediate-acting, long-acting, ultra long-acting, and
premixed) of insulin (as defined below), when available, as
selected by the group health plan or health insurance issuer.
``(2) Insulin defined.--The term `insulin' means insulin
that is licensed under subsection (a) or (k) of section 351
and continues to be marketed under such section, including
any insulin product that has been deemed to be licensed under
section 351(a) pursuant to section 7002(e)(4) of the
Biologics Price Competition and Innovation Act of 2009 and
continues to be marketed pursuant to such licensure.
``(c) Out-of-network Providers.--Nothing in this section
requires a plan or issuer that has a network of providers to
provide benefits for selected insulin products described in
this section that are delivered by an out-of-network
provider, or precludes a plan or issuer that has a network of
providers from imposing higher cost-sharing than the levels
specified in subsection (a) for selected insulin products
described in this section that are delivered by an out-of-
network provider.
``(d) Rule of Construction.--Subsection (a) shall not be
construed to require coverage of, or prevent a group health
plan or health insurance coverage from imposing cost-sharing
other than the levels specified in subsection (a) on, insulin
products that are not selected insulin products, to the
extent that such coverage is not otherwise required and such
cost-sharing is otherwise permitted under Federal and
applicable State law.
``(e) Application of Cost-sharing Towards Deductibles and
Out-of-pocket Maximums.--Any cost-sharing payments made
pursuant to subsection (a)(2) shall be counted toward any
deductible or out-of-pocket maximum that applies under the
plan or coverage.''.
(b) No Effect on Other Cost-sharing.--Section 1302(d)(2) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18022(d)(2)) is amended by adding at the end the following
new subparagraph:
``(D) Special rule relating to insulin coverage.--The
exemption of coverage of selected insulin products (as
defined in section 2799A-11(b) of the Public Health Service
Act) from the application of any deductible pursuant to
section 2799A-11(a)(1) of such Act, section 726(a)(1) of the
Employee Retirement Income Security Act of 1974, or section
9826(a)(1) of the Internal Revenue Code of 1986 shall not be
considered when determining the actuarial value of a
qualified health plan under this subsection.''.
(c) Coverage of Certain Insulin Products Under Catastrophic
Plans.--Section 1302(e) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18022(e)) is amended by adding
at the end the following:
``(4) Coverage of certain insulin products.--
``(A) In general.--Notwithstanding paragraph (1)(B)(i), a
health plan described in paragraph (1) shall provide coverage
of selected insulin products, in accordance with section
2799A-11 of the Public Health Service Act, for a plan year
before an enrolled individual has incurred cost-sharing
expenses in an amount equal to the annual limitation in
effect under subsection (c)(1) for the plan year.
``(B) Terminology.--For purposes of subparagraph (A)--
``(i) the term `selected insulin products' has the meaning
given such term in section 2799A-11(b) of the Public Health
Service Act; and
``(ii) the requirements of section 2799A-11 of such Act
shall be applied by deeming each reference in such section to
`individual health insurance coverage' to be a reference to a
plan described in paragraph (1).''.
SEC. 30605. COST-SHARING REDUCTIONS FOR INDIVIDUALS RECEIVING
UNEMPLOYMENT COMPENSATION.
Section 1402(f) of the Patient Protection and Affordable
Care Act (42 U.S.C. 18071(f)) is amended--
(1) in the header, by striking ``2021'' and inserting
``Certain Years'';
(2) in the matter preceding paragraph (1), by striking
``2021'' and inserting ``any of years 2021 through 2022'';
and
(3) in paragraph (2), by striking ``133 percent'' and
inserting ``150 percent''.
SEC. 30606. OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES.
(a) In General.--Title XXVII of the Public Health Service
Act (42 U.S.C. 300gg et seq.), as amended by section 30604,
is further amended--
(1) in part D (42 U.S.C. 300gg-111 et seq.), by adding at
the end the following new section:
``SEC. 2799A-12. OVERSIGHT OF PHARMACY BENEFIT MANAGER
SERVICES.
``(a) In General.--For plan years beginning on or after
January 1, 2023, a group health plan or health insurance
issuer offering group health insurance coverage or an entity
or subsidiary providing pharmacy benefits management services
on behalf of such a plan or issuer shall not enter into a
contract with a drug manufacturer, distributor, wholesaler,
subcontractor, rebate aggregator, or any associated third
party that limits the disclosure of information to plan
sponsors in such a manner that prevents the plan or issuer,
or an entity or subsidiary providing pharmacy benefits
management services on behalf of a plan or issuer, from
making the reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after
January 1, 2023, not less frequently than once every 6
months, a health insurance issuer offering group health
insurance coverage or an entity providing pharmacy benefits
management services on behalf of a group health plan or an
issuer providing group health insurance coverage shall submit
to the plan sponsor (as defined in section 3(16)(B) of the
Employee Retirement Income Security Act of 1974) of such
group health plan or health insurance coverage a report in
accordance with this subsection and make such report
available to the plan sponsor in a machine-readable format.
Each such report shall include, with respect to the
applicable group health plan or health insurance coverage--
``(A) as applicable, information collected from drug
manufacturers by such issuer or entity on the total amount of
copayment assistance dollars paid, or copayment cards
applied, that were funded by the drug manufacturer with
respect to the participants and beneficiaries in such plan or
coverage;
``(B) a list of each drug covered by such plan, issuer, or
entity providing pharmacy benefit management services that
was dispensed during the reporting period, including, with
respect to each such drug during the reporting period--
``(i) the brand name, chemical entity, and National Drug
Code;
``(ii) the number of participants and beneficiaries for
whom the drug was filled during the plan year, the total
number of prescription fills for the drug (including original
prescriptions and refills), and the total number of dosage
units of the drug dispensed across the plan year, including
whether the dispensing channel was by retail, mail order, or
specialty pharmacy;
``(iii) the wholesale acquisition cost, listed as cost per
days supply and cost per pill, or in the case of a drug in
another form, per dose;
``(iv) the total out-of-pocket spending by participants and
beneficiaries on such drug, including participant and
beneficiary spending through copayments, coinsurance, and
deductibles; and
``(v) for any drug for which gross spending of the group
health plan or health insurance coverage exceeded $10,000
during the reporting period--
``(I) a list of all other drugs in the same therapeutic
category or class, including brand name drugs and biological
products and generic drugs or biosimilar biological products
that are in the same therapeutic category or class as such
drug; and
``(II) the rationale for preferred formulary placement of
such drug in that therapeutic category or class;
``(C) a list of each therapeutic category or class of drugs
that were dispensed under the health plan or health insurance
coverage during the reporting period, and, with respect to
each such therapeutic category or class of drugs, during the
reporting period--
``(i) total gross spending by the plan, before manufacturer
rebates, fees, or other manufacturer remuneration;
``(ii) the number of participants and beneficiaries who
filled a prescription for a drug in that category or class;
``(iii) if applicable to that category or class, a
description of the formulary tiers and utilization mechanisms
(such as prior authorization or step therapy) employed for
drugs in that category or class;
``(iv) the total out-of-pocket spending by participants and
beneficiaries, including participant and beneficiary spending
through copayments, coinsurance, and deductibles; and
``(v) for each therapeutic category or class under which 3
or more drugs are included on the formulary of such plan or
coverage--
``(I) the amount received, or expected to be received, from
drug manufacturers in rebates, fees, alternative discounts,
or other remuneration--
``(aa) to be paid by drug manufacturers for claims incurred
during the reporting period; or
``(bb) that is related to utilization of drugs, in such
therapeutic category or class;
``(II) the total net spending, after deducting rebates,
price concessions, alternative discounts or other
remuneration from drug manufacturers, by the health plan or
health insurance coverage on that category or class of drugs;
and
``(III) the net price per course of treatment or single
fill, such as a 30-day supply or 90-day supply, incurred by
the health plan or health insurance coverage and its
participants and beneficiaries, after manufacturer rebates,
fees, and other remuneration for drugs dispensed within such
therapeutic category or class during the reporting period;
``(D) total gross spending on prescription drugs by the
plan or coverage during the reporting period, before rebates
and other manufacturer fees or remuneration;
``(E) total amount received, or expected to be received, by
the health plan or health insurance coverage in drug
manufacturer rebates, fees, alternative discounts, and all
other remuneration
[[Page H6422]]
received from the manufacturer or any third party, other than
the plan sponsor, related to utilization of drug or drug
spending under that health plan or health insurance coverage
during the reporting period;
``(F) the total net spending on prescription drugs by the
health plan or health insurance coverage during the reporting
period; and
``(G) amounts paid directly or indirectly in rebates, fees,
or any other type of remuneration to brokers, consultants,
advisors, or any other individual or firm who referred the
group health plan's or health insurance issuer's business to
the pharmacy benefit manager.
``(2) Privacy requirements.--Health insurance issuers
offering group health insurance coverage and entities
providing pharmacy benefits management services on behalf of
a group health plan shall provide information under paragraph
(1) in a manner consistent with the privacy, security, and
breach notification regulations promulgated under section
264(c) of the Health Insurance Portability and Accountability
Act of 1996, and shall restrict the use and disclosure of
such information according to such privacy regulations.
``(3) Disclosure and redisclosure.--
``(A) Limitation to business associates.--A group health
plan receiving a report under paragraph (1) may disclose such
information only to business associates of such plan as
defined in section 160.103 of title 45, Code of Federal
Regulations (or successor regulations).
``(B) Clarification regarding public disclosure of
information.--Nothing in this section prevents a health
insurance issuer offering group health insurance coverage or
an entity providing pharmacy benefits management services on
behalf of a group health plan from placing reasonable
restrictions on the public disclosure of the information
contained in a report described in paragraph (1), except that
such issuer or entity may not restrict disclosure of such
report to the Department of Health and Human Services, the
Department of Labor, or the Department of the Treasury.
``(C) Limited form of report.--The Secretary shall define
through rulemaking a limited form of the report under
paragraph (1) required of plan sponsors who are drug
manufacturers, drug wholesalers, or other direct participants
in the drug supply chain, in order to prevent anti-
competitive behavior.
``(4) Report to gao.--A health insurance issuer offering
group health insurance coverage or an entity providing
pharmacy benefits management services on behalf of a group
health plan shall submit to the Comptroller General of the
United States each of the first 4 reports submitted to a plan
sponsor under paragraph (1) with respect to such coverage or
plan, and other such reports as requested, in accordance with
the privacy requirements under paragraph (2) and the
disclosure and redisclosure standards under paragraph (3),
and such other information that the Comptroller General
determines necessary to carry out the study under section
30606(b) of An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14.
``(c) Enforcement.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Labor and the Secretary of the Treasury, shall
enforce this section.
``(2) Failure to provide timely information.--A health
insurance issuer or an entity providing pharmacy benefit
management services that violates subsection (a) or fails to
provide information required under subsection (b), or a drug
manufacturer that fails to provide information under
subsection (b)(1)(A) in a timely manner, shall be subject to
a civil monetary penalty in the amount of $10,000 for each
day during which such violation continues or such information
is not disclosed or reported.
``(3) False information.--A health insurance issuer, entity
providing pharmacy benefit management services, or drug
manufacturer that knowingly provides false information under
this section shall be subject to a civil money penalty in an
amount not to exceed $100,000 for each item of false
information. Such civil money penalty shall be in addition to
other penalties as may be prescribed by law.
``(4) Procedure.--The provisions of section 1128A of the
Social Security Act, other than subsection (a) and (b) and
the first sentence of subsection (c)(1) of such section shall
apply to civil monetary penalties under this subsection in
the same manner as such provisions apply to a penalty or
proceeding under section 1128A of the Social Security Act.
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance
with a requirement of this section, for an entity in
violation of this section that has made a good-faith effort
to comply with this section.
``(d) Rule of Construction.--Nothing in this section shall
be construed to permit a health insurance issuer, group
health plan, or other entity to restrict disclosure to, or
otherwise limit the access of, the Department of Health and
Human Services to a report described in subsection (b)(1) or
information related to compliance with subsection (a) by such
issuer, plan, or entity.
``(e) Definition.--In this section, the term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act.''; and
(2) in section 2723 (42 U.S.C. 300gg-22)--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(other than
subsections (a) and (b) of section 2799A-12)'' after ``part
D''; and
(ii) in paragraph (2), by inserting ``(other than
subsections (a) and (b) of section 2799A-12)'' after ``part
D'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``(other than
subsections (a) and (b) of section 2799A-12)'' after ``part
D'';
(ii) in paragraph (2)(A), by inserting ``(other than
subsections (a) and (b) of section 2799A-12)'' after ``part
D''; and
(iii) in paragraph (2)(C)(ii), by inserting ``(other than
subsections (a) and (b) of section 2799A-12)'' after ``part
D''.
(b) GAO Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall report to Congress on--
(A) pharmacy networks of group health plans, health
insurance issuers, and entities providing pharmacy benefit
management services under such group health plan or group or
individual health insurance coverage, including networks that
have pharmacies that are under common ownership (in whole or
part) with group health plans, health insurance issuers, or
entities providing pharmacy benefit management services or
pharmacy benefit administrative services under group health
plan or group or individual health insurance coverage;
(B) as it relates to pharmacy networks that include
pharmacies under common ownership described in subparagraph
(A)--
(i) whether such networks are designed to encourage
enrollees of a plan or coverage to use such pharmacies over
other network pharmacies for specific services or drugs, and
if so, the reasons the networks give for encouraging use of
such pharmacies; and
(ii) whether such pharmacies are used by enrollees
disproportionately more in the aggregate or for specific
services or drugs compared to other network pharmacies;
(C) whether group health plans and health insurance issuers
offering group or individual health insurance coverage have
options to elect different network pricing arrangements in
the marketplace with entities that provide pharmacy benefit
management services, the prevalence of electing such
different network pricing arrangements;
(D) pharmacy network design parameters that encourage
enrollees in the plan or coverage to fill prescriptions at
mail order, specialty, or retail pharmacies that are wholly
or partially-owned by that issuer or entity; and
(E) the degree to which mail order, specialty, or retail
pharmacies that dispense prescription drugs to an enrollee in
a group health plan or health insurance coverage that are
under common ownership (in whole or part) with group health
plans, health insurance issuers, or entities providing
pharmacy benefit management services or pharmacy benefit
administrative services under group health plan or group or
individual health insurance coverage receive reimbursement
that is greater than the median price charged to the group
health plan or health insurance issuer when the same drug is
dispensed to enrollees in the plan or coverage by other
pharmacies included in the pharmacy network of that plan,
issuer, or entity that are not wholly or partially owned by
the health insurance issuer or entity providing pharmacy
benefit management services.
(2) Requirement.--The Comptroller General of the United
States shall ensure that the report under paragraph (1) does
not contain information that would allow a reader to identify
a specific plan or entity providing pharmacy benefits
management services or otherwise contain commercial or
financial information that is privileged or confidential.
(3) Definitions.--In this subsection, the terms ``group
health plan'', ``health insurance coverage'', and ``health
insurance issuer'' have the meanings given such terms in
section 2791 of the Public Health Service Act (42 U.S.C.
300gg-91).
SEC. 30607. FUNDING TO SUPPORT STATE APPLICATIONS FOR SECTION
1332 WAIVERS AND ADMINISTRATION.
Section 1332 of the Patient Protection and Affordable Care
Act (42 U.S.C. 18052) is amended by adding at the end the
following:
``(f) Administration and Planning Grants.--
``(1) Appropriation.--In addition to any other amounts made
available, there is appropriated to the Secretary of Health
and Human Services for fiscal year 2022, out of any amounts
in the Treasury not otherwise appropriated, $50,000,000, to
remain available until expended, for purposes of implementing
the grant program under paragraph (2) and awarding grants
under such paragraph.
``(2) Grants.--From the amount appropriated under paragraph
(1), the Secretary of Health and Human Services shall award
grants to States for purposes of developing a new waiver
application, preparing an application for a waiver extension
or amendment, or implementing a State plan under this
section. The amount of a grant awarded to a State under this
subsection shall remain available until expended.
``(3) Limitation.--Each grant awarded to a State under this
subsection shall be in an amount not to exceed $5,000,000.''.
SEC. 30608. ADJUSTMENTS TO UNCOMPENSATED CARE POOLS AND
DISPROPORTIONATE SHARE HOSPITAL PAYMENTS.
(a) Adjustments to Uncompensated Care Pools.--Section 1903
of the Social Security Act (42 U.S.C. 1396b) is amended by
adding at the end the following new subsection:
``(cc) Excluding Expenditures for Expansion Population From
Assistance Under Waivers Relating to Uncompensated Care.--
With respect to a State with a State plan (or waiver of such
plan) that does not provide, with respect to a fiscal year
(beginning with fiscal year 2023), to all individuals
described in section 1902(a)(10)(A)(i)(VIII) benchmark
coverage described in section 1937(b)(1) or benchmark
equivalent coverage described in section 1937(b)(2), in the
case of any experimental, pilot, or demonstration project
undertaken under section 1115, with respect to such State and
fiscal year,
[[Page H6423]]
that provides for Federal financial participation with
respect to expenditures for payments to providers for
otherwise uncompensated care that is furnished to low-income
individuals, uninsured individuals, or underinsured
individuals, notwithstanding any waiver authority available
under such section, such project shall exclude from Federal
financial participation any expenditures for care that is
furnished with respect to such fiscal year to individuals
described in section 1902(a)(10)(A)(i)(VIII).''.
(b) Adjustments to Disproportionate Share Hospital
Payments.--
(1) In general.--Section 1923(f) of the Social Security Act
(42 U.S.C.1396r-4(f)) is amended--
(A) in paragraph (3)(A), by striking ``paragraphs (6), (7),
and (8)'' and inserting ``paragraphs (6), (7), (8), and
(10)'';
(B) in paragraph (6)(A)(vi), by inserting ``(except
paragraph (10))'' before ``, any other provision of law'';
(C) in paragraph (7)(A)(i), by inserting ``without regard
to paragraph (10),'' before ``the Secretary''; and
(D) by adding at the end the following new paragraph:
``(10) State dsh allotments for non-expansion states
beginning with fiscal year 2023.--
``(A) In general.--For fiscal year 2023 and each subsequent
fiscal year--
``(i) in the case of a State with a State plan (or waiver
of such plan) that, with respect to such fiscal year, does
not provide to all individuals described in section
1902(a)(10)(A)(i)(VIII) benchmark coverage described in
section 1937(b)(1) or benchmark equivalent coverage described
in section 1937(b)(2), the Secretary shall reduce the DSH
allotment to the State for such fiscal year in the amount
equal to 12.5 percent of the DSH allotment that would (after
the application of paragraph (6), and without the application
of paragraphs (7), (8), or this paragraph) be determined
under this subsection for the State for such fiscal year;
``(ii) in the case of a State with a State plan (or waiver
of such plan) that, with respect to such fiscal year,
initially provides to all individuals described in section
1902(a)(10)(A)(i)(VIII) benchmark coverage described in
1937(b)(1) or benchmark equivalent coverage described in
section 1937(b)(2), but during such fiscal year stops
providing to any such individual such benchmark or benchmark
equivalent coverage, the Secretary shall reduce the DSH
allotment to the State for such fiscal year in the amount
equal to the product of--
``(I) 12.5 percent of the DSH allotment that would (after
the application of paragraph (6), and without the application
of paragraphs (7), (8), or this paragraph) be determined
under this subsection for the State for such fiscal year; and
``(II) expressed as a percentage, the number of days of
such fiscal year during which such State plan (or waiver of
such plan), with respect to such fiscal year, did not provide
to such individuals such benchmark or benchmark equivalent
coverage; or
``(iii) in the case of a State with a State plan (or waiver
of such plan) that, with respect to such fiscal year,
either--
``(I) initially does not provide to all individuals
described in section 1902(a)(10)(A)(i)(VIII) benchmark
coverage described in 1937(b)(1) or benchmark equivalent
coverage described in section 1937(b)(2), but during the
fiscal year establishes a State plan (or waiver of such plan)
that provides, for the remainder of the fiscal year, all such
individuals such benchmark or benchmark equivalent coverage;
or
``(II) did not provide to all such individuals such
benchmark or benchmark equivalent coverage during the fiscal
year preceding such fiscal year described in the matter
preceding subclause (I), but on the first day of such fiscal
year establishes a State plan (or waiver of such plan) that
provides, for the entirety of such fiscal year, all such
individuals such benchmark or benchmark equivalent coverage;
the DSH allotment for such State for such fiscal year is
equal to the DSH allotment under this subsection (without
application of this paragraph) for the State for the entirety
of such fiscal year.
``(B) Calculation of dsh allotments after expansion
period.--The DSH allotment for a State for fiscal years after
which a State provides under a State plan (or waiver of such
plan) to all individuals described in section
1902(a)(10)(A)(i)(VIII) benchmark coverage described in
section 1937(b)(1) or benchmark equivalent coverage described
in section 1937(b)(2) and, for which the State continues to
provide under the State plan (or waiver of such plan) such
benchmark or benchmark equivalent coverage to such
individuals, without the providing of such benchmark or
benchmark equivalent coverage being stopped during a fiscal
year (as described in the matter preceding subclause (I) of
subparagraph (A)(ii)), shall be calculated under paragraph
(3) without regard to this paragraph.''.
(2) Technical amendment.--Section 1923(f)(7)(A)(i)(II) of
the Social Security Act (42 U.S.C.1396r-4(f)(7)(A)(i)(II)) is
amended by adding at period at the end.
SEC. 30609. FURTHER INCREASE IN FMAP FOR MEDICAL ASSISTANCE
FOR NEWLY ELIGIBLE MANDATORY INDIVIDUALS.
Section 1905(y)(1) of the Social Security Act (42 U.S.C.
1396d(y)(1)) is amended--
(1) in subparagraph (D), by striking at the end ``and'';
(2) in subparagraph (E), by striking ``2020 and each year
thereafter.'' and inserting ``2020, 2021, and 2022; and'';
and
(3) by adding at the end the following new subparagraphs:
``(F) 93 percent for calendar quarters in 2023, 2024, and
2025; and
``(G) 90 percent for calendar quarters in 2026 and each
year thereafter.''.
Subtitle F--Medicaid
PART 1--INVESTMENTS IN HOME AND COMMUNITY-BASED SERVICES AND LONG-TERM
CARE QUALITY AND WORKFORCE
SEC. 30711. HCBS IMPROVEMENT PLANNING GRANTS.
(a) Funding.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $130,000,000, to remain available until
expended, for carrying out this section.
(2) Technical assistance and guidance.--In addition to
amounts otherwise available, there is appropriated to the
Secretary for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $5,000,000, to remain
available until expended, for purposes of issuing guidance
and providing technical assistance to States intending to
apply for, or which are awarded, a planning grant under this
section, and for other administrative expenses related to
awarding planning grants under this section.
(b) Award and Use of Grants.--
(1) Deadline for award of grants.--From the amount
appropriated under subsection (a)(1), the Secretary, not
later than 12 months after the date of enactment of this Act,
shall solicit State requests for HCBS improvement planning
grants and award such grants to all States that meet such
requirements as determined by the Secretary.
(2) Use of funds.--Subject to paragraph (3), a State
awarded a planning grant under this section shall use the
grant to carry out planning activities for purposes of
developing and submitting to the Secretary an HCBS
improvement plan for the State that meets the requirements of
subsections (c) and (d). A State may use planning grant funds
to support activities related to the implementation of the
HCBS improvement plan for the State, collect and report
information described in subsection (c), identify areas for
improvement to the service delivery systems for home and
community-based services, carry out activities related to
evaluating payment rates for home and community-based
services and identifying improvements to update the rate
setting process, and make related infrastructure investments
(such as case management or other information technology
systems).
(3) Limitation on use of funds.--None of the funds awarded
to a State under this section may be used by a State as the
source of the non-Federal share of expenditures under the
State plan (or waiver of such plan).
(c) HCBS Improvement Plan Requirements.--In order to meet
the requirements of this subsection, an HCBS improvement plan
developed using funds awarded to a State under this section
shall include, with respect to the State and subject to
subsection (d), the following:
(1) Existing medicaid hcbs landscape.--
(A) Eligibility and benefits.--A description of the
existing standards, pathways, and methodologies for
eligibility for home and community-based services pursuant to
the State plan (or waiver of such plan), including limits on
assets and income, the home and community-based services
available under the State Medicaid program and the types of
settings in which they may be provided, and utilization
management standards for such services.
(B) Access.--
(i) Barriers.--A description of the barriers to accessing
home and community-based services in the State identified by
Medicaid eligible individuals, the families of such
individuals, and direct care workers and home care agencies,
or other similar organizations.
(ii) Availability; unmet need.--A summary, in accordance
with guidance issued by the Secretary and as able to be
practicably determined by the State, of the extent to which
home and community-based services are available to all
individuals in the State who would be eligible for such
services under the State Medicaid program (including
individuals who are on a waiting list for such services).
(C) Utilization.--An assessment of the utilization of home
and community-based services in the State (including the
number of individuals receiving such services) during such
period specified by the Secretary.
(D) Service delivery structures and supports.--A
description of the service delivery structures for providing
home and community-based services in the State.
(E) Workforce.--A description of the direct care workforce,
including estimates of the number of full- and part-time
direct care workers, the average and range of direct care
worker wages, the benefits provided to direct care workers,
and the turnover and vacancy rates of direct care worker
positions.
(F) Payment rates.--
(i) In general.--A description of the payment rates for
home and community-based services, including, to the extent
applicable, how payments for such services are factored into
the development of managed care capitation rates, when the
State last updated payment rates for home and community-based
services, and an estimate of the portion of the payment rate
that goes toward direct care worker compensation.
(ii) Assessment.--An assessment of the relationship between
payment rates for such services and workforce shortages,
average beneficiary wait times for such services, and
provider-to-beneficiary ratios in the geographic region.
(G) Quality.--A description of how the quality of home and
community-based services is measured and monitored.
(H) Long-term services and supports provided in
institutional settings.--A description of the number of
individuals enrolled in the State Medicaid program in a year
who receive
[[Page H6424]]
items and services furnished by an institution for greater
than 30 days in an institutional setting.
(I) HCBS share of overall medicaid ltss spending.--For the
most recent State fiscal year for which complete data is
available, the percentage of expenditures made by the State
under the State Medicaid program for long-term services and
supports that are for home and community-based services.
(J) Demographic data.--To the extent available and as
applicable with respect to the information required under
subparagraphs (B), (C), and (H), demographic data for such
information, disaggregated by age groups, primary disability,
income brackets, gender, race, ethnicity, geography, primary
language, and type of service setting.
(2) Goals for hcbs improvements.--A description of how the
State will do the following:
(A) Conduct the activities required under subsection (jj)
of section 1905 of the Social Security Act (as added under
section 30712).
(B) Reduce barriers to and disparities in access or
utilization of home and community-based services in the
State.
(C) Monitor and report on access to home and community-
based services under the State Medicaid program, disparities
in access to such services, and the utilization of such
services.
(D) Monitor and report the amount of State Medicaid
expenditures for home and community-based services under the
State Medicaid program as a proportion of the total amount of
State expenditures under the State Medicaid program for long-
term services and supports.
(E) Monitor and report on wages, benefits, and vacancy and
turnover rates for direct care workers.
(F) Assess and monitor the sufficiency of payment rates
under the State Medicaid program, in a manner specified by
the Secretary, for the specific types of home and community-
based services available under such program for purposes of
supporting direct care worker recruitment and retention and
ensuring the availability of home and community-based
services.
(G) Coordinate implementation of the HCBS improvement plan
among the State Medicaid agency and State health and human
services agencies serving individuals with disabilities and
the elderly.
(d) Development and Approval Requirements.--
(1) Development requirements.--In order to meet the
requirements of this subsection, a State awarded a planning
grant under this section shall develop an HCBS improvement
plan for the State through a public notice and comment
process that includes consultation with Medicaid eligible
individuals who are recipients of home and community-based
services, family caregivers of such recipients, providers,
health plans, direct care workers, chosen representatives of
direct care workers, and aging, disability, and workforce
advocates.
(2) Authority to adjust certain plan content
requirements.--The Secretary may modify the requirements for
any of the information specified in subsection (c)(1) if a
State requests a modification and demonstrates to the
satisfaction of the Secretary that it is impracticable for
the State to collect and submit the information.
(3) Submission and approval.--Not later than 24 months
after the date on which a State is awarded a planning grant
under this section, the State shall submit an HCBS
improvement plan for approval by the Secretary, along with
assurances by the State that the State will implement the
plan in accordance with the requirements of the HCBS
Improvement Program established under subsection (jj) of
section 1905 of the Social Security Act (42 U.S.C. 1396d) (as
added by section 30712). The Secretary shall approve and make
publicly available the HCBS improvement plan for a State
after the plan and such assurances are submitted to the
Secretary for approval and the Secretary determines the plan
meets the requirements of subsection (c). A State may amend
its HCBS improvement plan, subject to the approval of the
Secretary that the plan as so amended meets the requirements
of subsection (c). The Secretary may withhold or recoup funds
provided under this section to a State, if the State fails to
comply with the requirements of this section.
(e) Definitions.--In the part:
(1) Direct care worker.--The term ``direct care worker''
means, with respect to a State, any of the following
individuals who are paid to provide directly to Medicaid
eligible individuals home and community-based services
available under the State Medicaid program:
(A) A registered nurse, licensed practical nurse, nurse
practitioner, or clinical nurse specialist, or a licensed
nursing assistant who provides such services under the
supervision of a registered nurse, licensed practical nurse,
nurse practitioner, or clinical nurse specialist.
(B) A direct support professional.
(C) A personal care attendant.
(D) A home health aide.
(E) Any other paid health care professional or worker
determined to be appropriate by the State and approved by the
Secretary.
(2) HCBS program improvement state.--The term ``HCBS
program improvement State'' means a State that is awarded a
planning grant under subsection (b) and has an HCBS
improvement plan approved by the Secretary under subsection
(d)(3).
(3) Health plan.--The term ``health plan'' means any of the
following entities that provide or arrange for home and
community-based services for Medicaid eligible individuals
who are enrolled with the entities under a contract with a
State:
(A) A medicaid managed care organization, as defined in
section 1903(m)(1)(A) of the Social Security Act (42 U.S.C.
1396b(m)(1)(A)).
(B) A prepaid inpatient health plan or prepaid ambulatory
health plan, as defined in section 438.2 of title 42, Code of
Federal Regulations (or any successor regulation).
(4) Home and community-based services.--The term ``home and
community-based services'' means any of the following
(whether provided on a fee-for-service, risk, or other
basis):
(A) Home health care services authorized under paragraph
(7) of section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)).
(B) Private duty nursing services authorized under
paragraph (8) of such section, when such services are
provided in a Medicaid eligible individual's home.
(C) Personal care services authorized under paragraph (24)
of such section.
(D) PACE services authorized under paragraph (26) of such
section.
(E) Home and community-based services authorized under
subsections (b), (c), (i), (j), and (k) of section 1915 of
such Act (42 U.S.C. 1396n), authorized under a waiver under
section 1115 of such Act (42 U.S.C. 1315), or provided
through coverage authorized under section 1937 of such Act
(42 U.S.C. 1396u-7).
(F) Case management services authorized under section
1905(a)(19) of the Social Security Act (42 U.S.C.
1396d(a)(19)) and section 1915(g) of such Act (42 U.S.C.
1396n(g)).
(G) Rehabilitative services, including those related to
behavioral health, described in section 1905(a)(13) of such
Act (42 U.S.C. 1396d(a)(13)).
(H) Such other services specified by the Secretary.
(5) Institutional setting.--The term ``institutional
setting'' means--
(A) a skilled nursing facility (as defined in section
1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a)));
(B) a nursing facility (as defined in section 1919(a) of
such Act (42 U.S.C. 1396r(a)));
(C) a long-term care hospital (as described in section
1886(d)(1)(B)(iv) of such Act (42 U.S.C.
1395ww(d)(1)(B)(iv)));
(D) a facility described in section 1905(d) of such Act (42
U.S.C. 1396d(d)));
(E) an institution which is a psychiatric hospital (as
defined in section 1861(f) of such Act (42 U.S.C. 1395x(f)))
or that provides inpatient psychiatric services in a
residential setting specified by the Secretary; and
(F) an institution described in section 1905(i) of such Act
(42 U.S.C. 1396d(i)).
(6) Medicaid eligible individual.--The term ``Medicaid
eligible individual'' means an individual who is eligible for
and receiving medical assistance under a State Medicaid plan
or a waiver of such plan. Such term includes an individual
who is on a waiting list and who would become eligible for
medical assistance and enrolled under a State Medicaid plan,
or waiver of such plan, upon receipt of home and community-
based services.
(7) State medicaid program.--The term ``State Medicaid
program'' means, with respect to a State, the State program
under title XIX of the Social Security Act (42 U.S.C. 1396
through 1396w-6) (including any waiver or demonstration under
such title or under section 1115 of such Act (42 U.S.C. 1315)
relating to such title).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(9) State.--The term ``State'' means each of the 50 States,
the District of Columbia, Puerto Rico, the Virgin Islands,
Guam, the Northern Mariana Islands, and American Samoa.
SEC. 30712. HCBS IMPROVEMENT PROGRAM.
(a) Increased FMAP for HCBS Program Improvement States.--
Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended--
(1) in subsection (b), by striking ``and (ii)'' and
inserting ``(ii), and (jj)''; and
(2) by adding at the end the following new subsection:
``(jj) Additional Support for HCBS Program Improvement
States.--
``(1) In general.--
``(A) Additional support.--Subject to paragraph (5), in the
case of a State that is an HCBS program improvement State,
for each fiscal quarter that begins on or after the first
date on which the State is an HCBS program improvement
State--
``(i) and for which the State meets the requirements
described in paragraphs (2) and (4), notwithstanding
subsection (b) or (ff), subject to subparagraph (B), with
respect to amounts expended during the quarter by such State
for medical assistance for home and community-based services,
the Federal medical assistance percentage for such State and
quarter (as determined for the State under subsection (b)
and, if applicable, increased under subsection (y), (z),
(aa), or (ii), section 6008(a) of the Families First
Coronavirus Response Act), or section 1915(k)(2) shall be
increased by 6 percentage points; and
``(ii) with respect to the State meeting the requirements
described in paragraphs (2) and (4) and with respect to
amounts expended during the quarter and before October 1,
2031, for administrative costs for expanding and enhancing
home and community-based services, including for enhancing
Medicaid data and technology infrastructure, modifying rate
setting processes, adopting or improving training programs
for direct care workers and family caregivers, home and
community-based services ombudsman office activities (as
reimbursable under section 1903(a)(7)), developing processes
to identify direct care workers and assign such workers
unique identifiers (as so reimbursable), and adopting,
carrying out, or enhancing programs that register direct care
workers or connect beneficiaries to direct care workers, the
per centum specified in sections 1903(a)(7) and 1903(a)(3)
shall be increased to 80 percent.
In no case may the application of clause (i) result in the
Federal medical assistance percentage determined for a State
being more than 95 percent with respect to such expenditures.
In no case shall the application of clause (ii) result in a
reduction to the per centum otherwise specified without
application of such clause. Any increase pursuant to clause
(ii) shall be available
[[Page H6425]]
to a State before the State meets the requirements of
paragraphs (2) and (4).
``(B) Additional hcbs improvement efforts.--Subject to
paragraph (5), in addition to the increase to the Federal
medical assistance percentage under subparagraph (A)(i) for
amounts expended during a quarter for medical assistance for
home and community-based services by an HCBS program
improvement State that meets the requirements of paragraphs
(2) and (4) for the quarter, the Federal medical assistance
percentage for amounts expended by the State during the
quarter for medical assistance for home and community-based
services shall be further increased by 2 percentage points
(but not to exceed 95 percent) during the first 6 fiscal
quarters throughout which the State has implemented and has
in effect a program that meets the requirements of paragraph
(3).
``(C) Nonapplication of territorial funding caps.--Any
payment made to Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, or American Samoa for expenditures
that are subject to an increase in the Federal medical
assistance percentage under subparagraph (A)(i) or (B), or an
increase in an applicable Federal matching percentage under
subparagraph (A)(ii), shall not be taken into account for
purposes of applying payment limits under subsections (f) and
(g) of section 1108.
``(D) Nonapplication to chip efmap.--Any increase described
in subparagraph (A) (or payment made for expenditures on
medical assistance that are subject to such increase) shall
not be taken into account in calculating the enhanced FMAP of
a State under section 2105.
``(2) Requirements.--Subject to the last sentence of
paragraph (1)(A), as conditions for receipt of the increase
under paragraph (1) to the Federal medical assistance
percentage determined for a State, with respect to a fiscal
year quarter, the State shall meet each of the following
requirements:
``(A) Nonsupplantation.--The State uses the Federal funds
attributable to the increase in the Federal medical
assistance percentage for amounts expended during a quarter
for medical assistance for home and community-based services
under paragraph (1)(A) and paragraph (1)(B) (if applicable)
to supplement, and not supplant, the level of State funds
expended for home and community-based services for eligible
individuals through programs in effect as of the date the
State is awarded a planning grant under section 30711 of the
Act titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14'. In applying this subparagraph,
the Secretary shall provide that a State shall have a 3-year
period, as specified by the Secretary, to spend any
accumulated unspent State funds attributable to the increase
described in clause (i) in the Federal medical assistance
percentage.
``(B) Maintenance of effort.--
``(i) In general.--The State does not--
``(I) reduce the amount, duration, or scope of home and
community-based services available under the State plan (or
waiver of such plan) relative to the home and community-based
services available under the plan or a waiver of such plan as
of the date on which the State was awarded a planning grant
under section 30711 of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14';
``(II) reduce payment rates for home and community-based
services lower than such rates that were in place as of the
date described in subclause (I), including, to the extent
applicable, assumed payment rates for such services that are
included in managed care capitation rates as such rates are
being prospectively built; or
``(III) except to the extent permitted under clause (ii),
adopt more restrictive standards, methodologies, or
procedures for determining eligibility for or the scope of
medical assistance of home and community-based services,
including with respect to cost-sharing, than the standards,
methodologies, or procedures applicable as of the date
described in subclause (I).
``(ii) Conditions for flexibility.--A State may make
modifications that would otherwise violate the maintenance of
effort described in clause (i) if the State demonstrates to
the satisfaction of the Secretary that such modifications
shall not result in--
``(I) home and community-based services that are less
comprehensive or lower in amount, duration, or scope;
``(II) fewer individuals (overall and within particular
eligibility groups) receiving home and community-based
services, the calculation of which may be adjusted for
demographic changes since the date described in clause
(i)(I); or
``(III) increased cost-sharing (other than resulting from
the rate of inflation) for home and community-based services.
``(C) Access to services.--Not later than an implementation
date as specified by the Secretary (which may vary for each
of the following clauses) after the first day of the first
fiscal quarter for which a State receives an increase to the
Federal medical assistance percentage or other applicable
Federal matching percentage under paragraph (1), the State
does all of the following to improve access to services:
``(i) Reduce access barriers and disparities in access or
utilization of home and community-based services, as
described in the State HCBS improvement plan.
``(ii) Provides coverage of personal care services
authorized under subsection (a)(24) for all individuals
eligible for and enrolled in medical assistance in the State.
``(iii) Provides for navigation of home and community-based
services through `no wrong door' programs, provides expedited
eligibility for home and community-based services, and
improves home and community-based services counseling and
education programs.
``(iv) Expands access to behavioral health services
furnished in home and community-based settings.
``(v) Improves coordination of home and community-based
services with employment, housing, and transportation
supports.
``(vi) Provides supports to family caregivers.
``(vii) Newly provides coverage under, or expands existing
eligibility criteria for, 1 or more of the eligibility
categories authorized under subclause (XIII), (XV), or (XVI)
of section 1902(a)(10)(A)(ii).
``(D) Workforce.--
``(i) In general.--The State strengthens and expands the
direct care workforce that provides home and community-based
services by--
``(I) adopting processes to ensure that payment rates for
home and community-based services are sufficient (as defined
by the Secretary) to ensure that care and services are
available to the extent described in the State HCBS
improvement plan; and
``(II) updating qualification standards as appropriate, and
developing and adopting training opportunities for direct
care workers and family caregivers, at such times as the
Secretary shall prescribe.
``(ii) Payment rates.--In carrying out clause (i)(I), the
State shall--
``(I) update and, as appropriate, increase payment rates
for home and community-based services to support recruitment
and retention of the direct care workforce by not later than
2 years after approval of the HCBS improvement plan and, at
least every 3 years thereafter, using, through existing or
other processes to determine provider payment, a transparent
process involving meaningful input from nongovernmental
stakeholders; and
``(II) ensure that increases in the payment rates for home
and community-based services--
``(aa) at a minimum, result in a proportionate increase to
payments for direct care workers and in a manner that is
determined with input from the stakeholders described in
subclause (I); and
``(bb) are incorporated into provider payment rates for
home and community-based services provided under this title
by a health plan, under a contract and paid through
capitation rates with the State.
``(3) Self-directed models for the delivery of services.--
As conditions for receipt of the increase under paragraph
(1)(B) to the Federal medical assistance percentage
determined for a State, with respect to a fiscal year
quarter, the State shall establish directly, or by contract
with 1 or more entities, including an agency with choice or a
similar service delivery model, a program for the performance
of all of the following functions to facilitate beneficiary
use of self-directed care in the case the State covers home
and community-based services under authorities that permit
self-direction:
``(A) Registering qualified direct care workers and
assisting beneficiaries in finding direct care workers.
``(B) Undertaking activities to recruit and train
independent providers to enable beneficiaries to direct their
own care, including by providing or coordinating training for
beneficiaries on self-directed care.
``(C) Ensuring the safety of, and supporting the quality
of, care provided to beneficiaries.
``(D) Facilitating coordination between State and local
agencies and direct care workers for matters of public
health, training opportunities, changes in program
requirements, workplace health and safety, or related
matters.
``(E) Supporting beneficiary hiring, if selected by the
beneficiary, of independent providers of home and community-
based services, including by processing applicable tax
information, collecting and processing timesheets, submitting
claims and processing payments to such providers.
``(F) To the extent a State permits beneficiaries to hire a
family member or individual with whom they have an existing
relationship to provide home and community-based services,
providing support to beneficiaries who wish to hire a
caregiver who is a family member or individual with whom they
have an existing relationship.
``(G) Ensuring that the program under this paragraph does
not promote or deter the ability of workers to form a labor
organization or discriminate against workers who may join or
decline to join such an organization.
``(4) Reporting and oversight.--As conditions for receipt
of the increase under paragraph (1) to the Federal medical
assistance percentage determined for a State, with respect to
a fiscal year quarter, the State shall meet each of the
following requirements:
``(A) The State designates (by a date specified by the
Secretary) an HCBS ombudsman office (or a long-term care
ombudsman program office) that--
``(i) operates independently from the State Medicaid agency
and health plans;
``(ii) provides direct assistance to recipients of home and
community-based services available under the State Medicaid
program and their families; and
``(iii) identifies and reports systemic problems to State
officials, the public, and the Secretary.
``(B) Beginning with the last day of the 5th fiscal quarter
for which the state is an HCBS program improvement State, and
annually thereafter, the State reports to the Secretary, in a
manner the Secretary shall prescribe, on the progress of
implementation of the activities described in subparagraphs
(C) and (D) of paragraph (2), paragraph (3) (if applicable),
the use of enhanced Federal funding provided under this
subsection, and progress with respect to home and community-
based services availability, utilization, disparities in
access and use of services, spending on HCBS, and the status
of the direct care workforce.
``(5) Benchmarks for demonstrating improvements.--An HCBS
program improvement State shall cease to be eligible for an
increase in the Federal medical assistance percentage under
paragraph (1)(A)(i) or (1)(B) or an increase in
[[Page H6426]]
an applicable Federal matching percentage under paragraph
(1)(A)(ii) on or after the first date on which a State is an
HCBS program improvement State if the State is found to be
out of compliance with the requirements of this subsection
and unless, at the end of the 29th fiscal quarter, the State
demonstrates the following in the annual report required in
paragraph (4) for such quarter:
``(A) Increased availability (above a marginal increase) of
home and community-based services in the State relative to
such availability as reported in the State HCBS improvement
plan and adjusted for demographic changes in the State since
the submission of such plan.
``(B) With respect to the percentage of expenditures made
by the State for long-term services and supports that are for
home and community-based services, in the case of an HCBS
program improvement State for which such percentage (as
reported in the State HCBS improvement plan) was--
``(i) less than 50 percent, the State demonstrates that the
percentage of such expenditures has increased to at least 50
percent since the plan was approved; and
``(ii) at least 50 percent, the State demonstrates that
such percentage has not decreased since the plan was
approved.
``(6) Definitions.--In this subsection, the terms `State
Medicaid plan', `direct care worker', `HCBS program
improvement State', `health plan'; and `home and community-
based services' have the meaning given those terms in section
30711(e) of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14'.''.
SEC. 30713. FUNDING FOR FEDERAL ACTIVITIES RELATED TO
MEDICAID HCBS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$40,000,000, to remain available until expended, to carry out
section 30712 (including the amendments made by such
section), including by issuing necessary guidance and
technical assistance to States, conducting program integrity
and oversight efforts, and preparing and submitting to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate,
beginning 5 years after the date of the enactment of this Act
and every three years thereafter, a report describing the
progress of the HCBS planning and improvement activities
undertaken by States as applicable and as described in
sections 30711 and 30712 (including the amendments made by
such sections), and describing the impact of such activities
on access to care, including with respect to disparities in
access and utilization, and the direct care workforce.
SEC. 30714. FUNDING FOR HCBS QUALITY MEASUREMENT AND
IMPROVEMENT.
(a) Increased Federal Matching Rate for Adoption and
Reporting of HCBS Quality Measures.--
(1) In general.--Section 1903(a)(3) of the Social Security
Act (42 U.S.C. 1396b(a)(3)) is amended--
(A) in subparagraph (F)(ii), by striking ``plus'' after the
semicolon and inserting ``and''; and
(B) by inserting after subparagraph (F), the following:
``(G) 80 percent of so much of the sums expended during
such quarter as are attributable to the reporting of
information regarding the quality of home and community-based
services in accordance with sections 1139A(a)(4)(B)(ii) and
1139B(b)(3)(C); and''.
(2) Exemption from territories' payment limits.--Section
1108(g)(4) of the Social Security Act is amended by adding at
the end the following new subparagraph:
``(C) Additional exemption relating to hcbs quality
reporting.--Payments under section 1903(a)(3)(G) shall not be
taken into account in applying payment limits under
subsections (f) and (g) of this subsection.''.
(b) HCBS Quality Measures for Increase.--Title XI of the
Social Security Act (42 U.S.C. 1301 through 1320e-3) is
amended--
(1) in section 1139A--
(A) in subsection (a)(4)(B)--
(i) by striking ``Beginning with the annual State report on
fiscal year 2024'' and inserting the following:
``(i) In general.--Subject to clause (ii), beginning with
the annual State report on fiscal year 2024''; and
(ii) by adding at the end the following new clause:
``(ii) Reporting hcbs quality measures.--With respect to
reporting on information regarding the quality of home and
community-based services provided to children under title XIX
or title XXI, beginning with the annual State report required
under subsection (c)(1) for the first fiscal year that begins
on or after the date that is 2 years after the date that the
Secretary publishes the home and community-based services
quality measures developed under subsection (b)(5)(B) the
Secretary shall require States to report such information
using the standardized format for reporting information and
procedures developed under subparagraph (A) and using all
such home and community-based quality measures developed
under subsection (b)(5) (including any updates or changes to
such measures).''; and
(B) in subsection (b)(5)--
(i) by striking ``Beginning no later than January 1, 2013''
and inserting the following:
``(A) In general.--Beginning no later than January 1,
2013''; and
(ii) by adding at the end the following new subparagraph:
``(B) HCBS quality measures.--Beginning with the first year
that begins on the date that is 2 years after the date of
enactment of this subparagraph (or, in the case of measures
that require development and testing prior to availability,
not later than 4 years after the date of enactment of this
subparagraph), the requirements of subparagraph (A) shall
apply, and the core measures described in subsection (a) (and
any updates or changes to such measures) shall include home
and community-based services quality measures developed by
the Secretary. The Secretary shall ensure that such measures
reflect the full array of home and community-based services,
and consult with nongovernmental stakeholders with expertise
in home and community-based services (including recipients
and providers of such services).'';
(C) in subsection (b)(6)--
(i) by inserting ``or support services'' before ``that is
capable of'';
(ii) by striking ``and ambulatory health care settings''
and inserting ``, ambulatory health care, and home and
community-based settings''; and
(iii) by inserting ``and home and community-based'' before
``care system''; and
(D) in subsection (c)(1), in the matter preceding
subparagraph (A), by inserting ``, subject to subsection
(a)(4)(B)(ii),'' before ``annually report''; and
(2) in section 1139B--
(A) in subsection (b)--
(i) in paragraph (3), by adding at the end the following
new subparagraph:
``(C) Mandatory reporting with respect to hcbs quality
measures.--Beginning with the State report required under
subsection (d)(1) for the first year that begins on or after
the date that is 2 years after the date that the Secretary
publishes the home and community-based quality measures
developed under paragraph (5)(D), the Secretary shall require
States to report information, using the standardized format
for reporting information and procedures developed under
subparagraph (A), regarding the quality of home and
community-based services for Medicaid eligible adults using
all of the home and community-based services quality measures
included in the core set of adult health quality measures
under paragraph (5)(D), and any updates or changes to such
measures.''; and
(ii) in paragraph (5), by adding at the end the following
new subparagraph:
``(D) HCBS quality measures.--
``(i) Funding.--In addition to amounts otherwise available,
there is appropriated to the Secretary, for fiscal year 2022,
to be available until expended, out of any money in the
Treasury not otherwise appropriated, $22,000,000, for
carrying out this subparagraph.
``(ii) Inclusion of hcbs quality measures.--Beginning with
respect to State reports required under subsection (d)(1) for
the first year that begins on or after the date that is 2
years after the date of enactment of this subparagraph (or,
in the case of measures that require development and testing
prior to availability, not later than 4 years after the date
of enactment of this subparagraph) the core set of adult
health quality measures maintained under this paragraph (and
any updates or changes to such measures) shall include home
and community-based services quality measures developed in
accordance with this subparagraph.
``(iii) Requirements.--
``(I) In general.--In developing, reviewing and updating
the home and community-based services quality measures
included in the core set of adult health quality measures
maintained under this paragraph, the Secretary shall consult
with nongovernmental stakeholders with expertise in home and
community-based services (including recipients and providers
of such services) and ensure such measures reflect the full
array of home and community-based services and recipients of
such services.
``(II) Definition.--For purposes of this section and
section 1139A, the term `home and community-based services'
has the meaning given such term in section 30711(e) of the
Act titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14'.''; and
(B) in subsection (d)(1)(A), by striking ``; and'' and
inserting ``and, beginning with the report for the first year
that begins after the date that is 2 years after the
Secretary publishes the home and community-based quality
measures developed under subsection (b)(5)(D), all home and
community-based services quality measures included in the
core set of adult health quality measures maintained under
subsection (b)(5) and any updates or changes to such
measures; and''.
SEC. 30715. PERMANENT EXTENSION OF MEDICAID PROTECTIONS
AGAINST SPOUSAL IMPOVERISHMENT FOR RECIPIENTS
OF HOME AND COMMUNITY-BASED SERVICES.
(a) In General.--Section 1924(h)(1)(A) of the Social
Security Act (42 U.S.C. 1396r-5(h)(1)(A)) is amended by
striking ``(at the option of the State) is described in
section 1902(a)(10)(A)(ii)(VI)'' and inserting the following:
``is eligible for medical assistance for home and community-
based services provided under subsection (c), (d), or (i) of
section 1915 or under a waiver approved under section 1115,
or who is eligible for such medical assistance by reason of
being determined eligible under section 1902(a)(10)(C) or by
reason of section 1902(f) or otherwise on the basis of a
reduction of income based on costs incurred for medical or
other remedial care, or who is eligible for medical
assistance for home and community-based attendant services
and supports under section 1915(k)''.
(b) Conforming Amendment.--Section 2404 of the Patient
Protection and Affordable Care Act (42 U.S.C. 1396r-5 note)
is amended by striking ``September 30, 2023'' and inserting
``the date of the enactment of the Act titled `An Act to
provide for reconciliation pursuant to title II of S. Con.
Res. 14'''.
[[Page H6427]]
SEC. 30716. PERMANENT EXTENSION OF MONEY FOLLOWS THE PERSON
REBALANCING DEMONSTRATION.
(a) In General.--Subsection (h) of section 6071 of the
Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (I), by inserting ``and'' after the
semicolon;
(B) by amending subparagraph (J) to read as follows:
``(J) $450,000,000 for each fiscal year after fiscal year
2022.'';
(C) by striking subparagraph (K);
(2) in paragraph (2), by striking ``September 30, 2023''
and inserting ``September 30 of the subsequent fiscal year'';
and
(3) by adding at the end the following new paragraph:
``(3) Technical assistance.--In addition to amounts
otherwise available, there is appropriated to the Secretary
for fiscal year 2022 and for each subsequent 3-year period,
out of any money in the Treasury not otherwise appropriated,
$5,000,000, to remain available until expended, for carrying
out subsections (f), (g), and (i).''.
(b) Redistribution of Unexpended Grant Awards.--Subsection
(e)(2) of section 6071 of the Deficit Reduction Act of 2005
(42 U.S.C. 1396a note) is amended by adding at the end the
following new sentence: ``Any portion of a State grant award
for a fiscal year under this section that is unexpended by
the State at the end of the fourth succeeding fiscal year
shall be rescinded by the Secretary and added to the
appropriation for the fifth succeeding fiscal year.''.
SEC. 30717. FUNDING TO IMPROVE THE ACCURACY AND RELIABILITY
OF CERTAIN SKILLED NURSING FACILITY DATA.
Section 1888 of the Social Security Act (42 U.S.C. 1395yy)
is amended--
(1) in subsection (h)(12)--
(A) in subparagraph (A), by striking ``and the data
submitted under subsection (e)(6) a process to validate such
measures and data'' and inserting ``, the data submitted
under subsection (e)(6), and, during the period beginning
with fiscal year 2024 and ending with fiscal year 2031, the
resident assessment data described in section 1819(b)(3) and
the direct care staffing information described in section
1128I(g) a process to validate such measures, data, and
information''; and
(B) in subparagraph (B)--
(i) by striking ``Funding.--For purposes'' and inserting
``Funding.--
``(i) Fiscal years 2023 through 2025.--For purposes''; and
(ii) by adding at the end the following new clause:
``(ii) Additional funding.--There is appropriated to the
Secretary, out of any monies in the Treasury not otherwise
appropriated, $50,000,000 for fiscal year 2022, to remain
available through fiscal year 2031, for purposes of carrying
out this paragraph.''; and
(2) in subsection (e)(6)(A)--
(A) in the header, by striking ``for failure to report'';
and
(B) in clause (i)--
(i) by striking ``For fiscal years beginning with fiscal
year 2018, in the case of a skilled nursing facility that
does not submit'' and inserting the following:
``(I) Failure to report.--For fiscal years beginning with
fiscal year 2018, in the case of a skilled nursing facility
that does not submit quality measure data specified by the
Secretary and''; and
(ii) by adding at the end the following new subclause:
``(II) Reporting of inaccurate information.--For fiscal
years during the period beginning with fiscal year 2026 and
ending with fiscal year 2031, in the case of a skilled
nursing facility that submits data under this paragraph,
measures under subsection (h), resident assessment data
described in section 1819(b)(3), or direct care staffing
information described in section 1128I(g) with respect to
such fiscal year that is inaccurate (as determined by the
Secretary through the validation process described in section
1888(h)(12) or otherwise), after determining the percentage
described in paragraph (5)(B)(i), and after application of
clauses (ii) and (iii) of paragraph (5)(B) and of subclause
(I) of this clause (if applicable), the Secretary shall
reduce such percentage for payment rates during such fiscal
year by 2 percentage points.''.
SEC. 30718. ENSURING ACCURATE INFORMATION ON COST REPORTS.
Section 1888(f) of the Social Security Act (42 U.S.C.
1395yy(f)) is amended by adding at the end the following new
paragraph:
``(5) Audit of cost reports.--There is appropriated to the
Secretary, out of any monies in the Treasury not otherwise
appropriated, $250,000,000 for fiscal year 2022, to remain
available through fiscal year 2031, for purposes of
conducting an annual audit (beginning with 2023 and ending
with 2031) of cost reports submitted under this title for a
representative sample of skilled nursing facilities.''.
SEC. 30719. SURVEY IMPROVEMENTS.
Section 1819 of the Social Security Act (42 U.S.C. 1395i-3)
is amended by adding at the end the following new subsection:
``(l) Survey Improvements.--
``(1) In general.--There is appropriated to the Secretary,
out of any monies in the Treasury not otherwise appropriated,
$325,000,000 for fiscal year 2022, to remain available
through fiscal year 2031, for purposes of--
``(A) conducting reviews and identifying plans under
paragraph (2); and
``(B) providing training, tools, technical assistance, and
financial support in accordance with paragraph (3).
``(2) Review.--The Secretary shall conduct reviews, during
the period specified in paragraph (1), of (and, as
appropriate, identify plans to improve) the following:
``(A) The extent to which surveys conducted under
subsection (g) and the enforcement process under subsection
(h) result in increased compliance with requirements under
this section and subpart B of part 483 of title 42, Code of
Federal Regulations, with respect to skilled nursing
facilities (in this subsection referred to as `facilities').
``(B) The timeliness and thoroughness of State agency
verification of deficiency corrections at facilities.
``(C) The accuracy of the identification and
appropriateness of the scope and severity of deficiencies
cited at facilities.
``(D) The accuracy of the identification and
appropriateness of the scoping and severity of life safety,
infection control, and emergency preparedness deficiencies
cited at facilities.
``(E) The timeliness of State agency investigations of--
``(i) complaints at facilities;
``(ii) facility-reported incidents at facilities; and
``(iii) reported allegations of abuse, neglect, and
exploitation at facilities.
``(F) The consistency of facility reporting of
substantiated complaints to law enforcement.
``(G) The ability of the State agency to sufficiently hire,
train, and retain individuals who conduct surveys.
``(H) Any other area related to surveys of facilities, or
the individuals conducting such surveys, determined
appropriate by the Secretary.
``(3) Support.--Based on the review under paragraph (2),
the Secretary shall, during the period specified in paragraph
(1), provide training, tools, technical assistance, and
financial support to State and Federal agencies that perform
surveys of facilities for the purpose of improving the
surveys conducted under subsection (g) and the enforcement
process under subsection (h) with respect to the areas
reviewed under paragraph (2).''.
SEC. 30720. NURSE STAFFING REQUIREMENTS.
Section 1819(d) of the Social Security Act (42 U.S.C.
1395i-3(d)) is amended--
(1) in paragraph (4)(A), by inserting ``and any regulations
promulgated under paragraph (5)(C)'' after ``section 1124'';
and
(2) by adding at the end the following new paragraph:
``(5) Nurse staffing requirements.--
``(A) Funding.--There is appropriated to the Secretary, out
of any monies in the Treasury not otherwise appropriated,
$50,000,000 for fiscal year 2022, to remain available through
fiscal year 2031, for purposes of carrying out this
paragraph.
``(B) Study.--Not later than 3 years after the date of the
enactment of this paragraph, and not less frequently than
once every 5 years thereafter, the Secretary shall, out of
funds appropriated under subparagraph (A), conduct a study
and submit to Congress a report on the appropriateness of
establishing minimum staff to resident ratios for nursing
staff for skilled nursing facilities. Each such report shall
include--
``(i) with respect to the first such report,
recommendations regarding appropriate minimum ratios of
registered nurses (and, if practicable, licensed practical
nurses (or licensed vocational nurses) and certified nursing
assistants) to residents at such skilled nursing facilities;
and
``(ii) with respect to each subsequent such report,
recommendations regarding appropriate minimum ratios of
registered nurses, licensed practical nurses (or licensed
vocational nurses), and certified nursing assistants to
residents at such skilled nursing facilities.
``(C) Promulgation of regulations.--
``(i) In general.--Not later than 1 year after the
Secretary first submits a report under subparagraph (B), the
Secretary shall, out of funds appropriated under subparagraph
(A)--
``(I) specify through regulations, consistent with such
report, appropriate minimum ratios (if any) of registered
nurses (and, if practicable, licensed practical nurses (or
licensed vocational nurses) and certified nursing assistants)
to residents at skilled nursing facilities; and
``(II) except as provided in clause (ii), require such
skilled nursing facilities to comply with such ratios.
``(ii) Exception.--
``(I) In general.--In addition to the authority to waive
the application of clause (i)(II) under section 1135, the
Secretary may waive the application of such clause with
respect to a skilled nursing facility if the Secretary finds
that--
``(aa) the facility is located in a rural area and the
supply of skilled nursing facility services in such area is
not sufficient to meet the needs of individuals residing
therein;
``(bb) the Secretary provides notice of the waiver to the
State long-term care ombudsman (established under section
307(a)(12) of the Older Americans Act of 1965) and the
protection and advocacy system in the State for the mentally
ill; and
``(cc) the facility that is granted such a waiver notifies
residents of the facility (or, where appropriate, the
guardians or legal representatives of such residents) and
members of their immediate families of the waiver.
``(II) Renewal.--Any waiver in effect under this clause
shall be subject to annual renewal.
``(iii) Update.--Not later than 1 year after the submission
of each subsequent report under subparagraph (B), the
Secretary shall, out of funds appropriated under subparagraph
(A) and consistent with such report, update the regulations
described in clause (i)(I) to reflect appropriate minimum
ratios (if any) of registered nurses, licensed practical
nurses (or licensed vocational nurses), and certified nursing
assistants to residents at skilled nursing facilities.''.
[[Page H6428]]
PART 2--EXPANDING ACCESS TO MATERNAL HEALTH
SEC. 30721. EXTENDING CONTINUOUS COVERAGE FOR PREGNANT AND
POSTPARTUM INDIVIDUALS.
(a) Medicaid.--
(1) Requiring full benefits for pregnant and postpartum
individuals for 12-month period post pregnancy.--
(A) In general.--Paragraph (5) of section 1902(e) of the
Social Security Act (42 U.S.C. 1396a(e)) is amended--
(i) by striking ``(5) A woman who'' and inserting ``(5)(A)
For any fiscal year quarter (beginning with the first fiscal
year quarter beginning one year after the date of the
enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14') with
respect to which subparagraph (B) does not apply, an
individual who''; and
(ii) by adding at the end the following new subparagraph:
``(B) For any fiscal year quarter (beginning with the first
fiscal year quarter beginning one year after the date of the
enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14'), any
individual who, while pregnant, is eligible for and received
medical assistance under the State plan or a waiver of such
plan (regardless of the basis for the individual's
eligibility for medical assistance and including during a
period of retroactive eligibility under subsection (a)(34)),
shall remain eligible, notwithstanding section 1916(c)(3) or
any other limitation under this title, for medical assistance
through the end of the month in which the 12-month period
(beginning on the last day of pregnancy of the individual)
ends, and such medical assistance shall be in accordance with
clauses (i) and (ii) of paragraph (16)(B).''.
(B) Conforming amendments.--Title XIX of the Social
Security Act (42 U.S.C. 1396 through 1396w-6) is amended--
(i) in section 1902(a)(10), in the matter following
subparagraph (G), by striking ``(VII) the medical
assistance'' and all that follows through ``, (VIII)'' and
inserting ``(VIII)'';
(ii) in section 1902(e)(6), by striking ``In the case of''
and inserting ``For any fiscal year quarter with respect to
which paragraph (5)(B) does not apply, in the case of'';
(iii) in section 1902(l)(1)(A), by striking ``60-day
period'' and inserting ``12-month period (or, for any fiscal
year quarter with respect to which subsection (e)(5)(B) does
not apply and for which the State has not adopted the option
under section 1902(e)(16)(A), 60-day period)'';
(iv) in section 1903(v)(4)--
(I) in subparagraph (A)(i), by striking ``the 60-day
period'' and inserting ``the applicable period (as described
in subparagraph (D))'';
(II) in subparagraph (A)(ii), by striking the period and
inserting ``, and, in the case of such an individual who is
or becomes pregnant, such individual (regardless of age)
during pregnancy and during the applicable period (as
described in subparagraph (D)).'';
(III) by adding at the end the following new subparagraph:
``(D) For purposes of subparagraph (A), the applicable
period described in this subparagraph is--
``(i) beginning with the first fiscal year quarter that
begins one year after the date of the enactment of the
American Rescue Plan Act of 2021, for a State that has
adopted the option under section 1902(e)(16)(A), the 12-month
period;''; and
(IV) in the subparagraph (D) added by subclause (III), by
adding at the end the following new clauses:
``(ii) beginning with the first fiscal year quarter
beginning one year after the date of the enactment of the Act
titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14', the 12-month period; and
``(iii) for any fiscal year quarter (beginning with such
first fiscal year quarter) with respect to which section
1902(e)(5)(B) does not apply and for which the State has not
adopted the option under section 1902(e)(16)(A), the 60-day
period.'';
(v) in section 1905(a), in the 4th sentence in the matter
following paragraph (31), by striking ``60-day period'' and
inserting ``12-month period (or, for any fiscal year quarter
with respect to which section 1902(e)(5)(B) does not apply
and for which the State has not adopted the option under
section 1902(e)(16)(A), 60-day period)''; and
(vi) in section 1905(y), by adding at the end the following
new paragraph:
``(3) Treatment for certain indviduals.--Notwithstanding
paragraphs (1) and (2), section 1902(a)(10)(A)(i)(III), and
section 1902(a)(10)(A)(i)(IV), the term `newly eligible' in
paragraph (2)(A) and the phrase `newly eligible individuals
described in subclause (VIII) of section 1902(a)(10)(A)(i)'
in paragraph (1) shall apply to individuals who but for the
amendments made by section 30721(a) of the Act titled `An Act
to provide for reconciliation pursuant to title II of S. Con.
Res. 14' would be eligible under the State plan (or waiver)
for medical assistance under section 1902(a)(10)(A)(i)(VIII)
for the period beginning on the first day occurring after the
end of such 60-day period and ending on the last day of the
month in which the 12-month period (beginning on the last day
of the pregnancy) ends.''.
(2) Transition from state option.--
(A) In general.--Section 1902(e)(16)(A) of the Social
Security Act (42 U.S.C. 1396a(e)(16)(A)) is amended by
striking ``At the option of the State'' and inserting ``For
any fiscal year quarter with respect to which paragraph
(5)(B) does not apply, at the option of the State''.
(B) Conforming amendment.--Section 9812(b) of the American
Rescue Plan Act of 2021 (Public Law 117-2) is amended by
striking ``during the 5-year period''.
(3) Effective date.--
(A) In general.--Subject to subparagraphs (B) and (C), the
amendments made by this paragraph shall take effect on the
1st day of the 1st fiscal year quarter that begins one year
after the date of the enactment of this Act and shall apply
with respect to medical assistance provided on or after such
date.
(B) Exception for certain american rescue plan act of 2021
conforming amendments.--The amendments made by subclauses
(I), (II), and (III) of paragraph (1)(B)(iv) shall take
effect on the first day of the first fiscal year quarter that
begins one year after the date of the enactment of the
American Rescue Plan Act of 2021 and shall apply with respect
to medical assistance provided on or after such date.
(C) Exception for state legislation.--In the case of a
State plan under title XIX of the Social Security Act (42
U.S.C. 1396 through 1396w-6) that the Secretary of Health and
Human Services determines requires State legislation in order
for the plan to meet any requirement imposed by amendments
made by this subsection, the plan shall not be regarded as
failing to comply with the requirements of such title solely
on the basis of its failure to meet such a requirement before
the first day of the first calendar quarter beginning after
the close of the first regular session of the State
legislature that begins after the date of the enactment of
this Act. For purposes of the previous sentence, in the case
of a State that has a 2-year legislative session, each year
of the session shall be considered to be a separate regular
session of the State legislature.
(b) CHIP.--
(1) Requiring full benefits for pregnant and postpartum
women for 12-month period post pregnancy.--
(A) In general.--Section 2107(e)(1)(J) of the Social
Security Act (42 U.S.C. 1397gg(e)(1)(J)) is amended--
(i) by striking ``Paragraphs (5) and (16)'' and inserting
``(i) For any fiscal year quarter with respect to which
paragraph (5)(B) of section 1902(e) does not apply,
paragraphs (5)(A) and (16) of such section''; and
(ii) by adding at the end the following new clause:
``(ii) For any fiscal year quarter (beginning with the
first fiscal year quarter beginning one year after the date
of the enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14'),
section 1902(e)(5)(B) (requiring, notwithstanding section
2103(e)(3)(C)(ii)(I) or any other limitation under this
title, continuous coverage for pregnant and postpartum
individuals, including 12 months postpartum, of medical
assistance) if the State provides child health assistance to
targeted low-income children or pregnancy-related assistance
to targeted low-income pregnant women, under the State child
health plan or waiver, including coverage of all items or
services provided to a targeted low-income child or targeted
low-income pregnant woman (as applicable) under the State
child health plan or waiver).''.
(B) Conforming amendments.--Section 2112 of the Social
Security Act (42 U.S.C. 1397ll) is amended--
(i) in subsection (d)--
(I) in paragraph (1), by inserting ``and includes, through
application of section 1902(e)(5)(B) pursuant to section
2107(e)(1)(J)(ii), continuous coverage for pregnant and
postpartum individuals, including 12 months postpartum''
before the period at the end; and
(II) in paragraph (2)(A), by striking ``60-day period'' and
all that follows through ``ends'' and inserting ``12-month
period (or, for any fiscal year quarter with respect to which
section 2107(e)(1)(J)(ii) does not apply and for which the
State has not adopted the option under section
1902(e)(16)(A), 60-day period) ends''; and
(ii) in subsection (f)(2), by striking ``60-day period''
and inserting ``12-month period (or, for any fiscal year
quarter (beginning with the first fiscal year quarter
beginning one year after the date of the enactment of the Act
titled `An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14') with respect to which section
2107(e)(1)(J)(ii) does not apply and for which the State has
not adopted the option under section 1902(e)(16)(A), 60-day
period)''.
(2) Transition from state plan option.--Section 9822(b) of
the American Rescue Plan Act of 2021 (Public Law 117-2) is
amended by striking ``, during the 5-year period''.
(3) Effective date.--
(A) In general.--Subject to subparagraph (B), the
amendments made by this subsection shall take effect on the
1st day of the 1st fiscal year quarter that begins one year
after the date of the enactment of this Act and shall apply
with respect to child health assistance and pregnancy-related
assistance, as applicable, provided on or after such date.
(B) Exception for state legislation.--In the case of a
State child health plan under title XXI of the Social
Security Act (42 U.S.C. 1397aa through 1397mm) that the
Secretary of Health and Human Services determines requires
State legislation in order for the plan to meet any
requirement imposed by amendments made under this subsection,
the plan shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure
to meet such a requirement before the first day of the first
calendar quarter beginning after the close of the first
regular session of the State legislature that begins after
the date of the enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be
considered to be a separate regular session of the State
legislature.
[[Page H6429]]
SEC. 30722. STATE OPTION TO PROVIDE COORDINATED CARE THROUGH
A MATERNAL HEALTH HOME FOR PREGNANT AND
POSTPARTUM INDIVIDUALS.
Title XIX of the Social Security Act (42 U.S.C. 1396a) is
amended by inserting after section 1945A the following new
section:
``SEC. 1945B. STATE OPTION TO PROVIDE COORDINATED CARE
THROUGH A MATERNAL HEALTH HOME FOR PREGNANT AND
POSTPARTUM INDIVIDUALS.
``(a) In General.--Notwithstanding section 1902(a)(1)
(relating to statewideness) and section 1902(a)(10)(B)
(relating to comparability), beginning 24 months after the
date of enactment of this section, a State, at its option as
a State plan amendment, may provide for medical assistance
under this title to eligible individuals who choose to enroll
in a maternal health home under this section and receive
maternal health home services from a designated provider, a
team of health professionals operating with such a provider,
or a health team.
``(b) Maternal Health Home Qualification Standards.--A
maternal health home under this section shall demonstrate to
the State the ability to do the following:
``(1) Develop an individualized comprehensive care plan for
each eligible individual, working in a culturally and
linguistically appropriate manner with such individual to
develop and incorporate such care plan in a manner consistent
with such individual's needs and choices, including--
``(A) primary care;
``(B) inpatient care;
``(C) social support services;
``(D) local hospital emergency care;
``(E) care management and planning related to a change in
an eligible individual's eligibility for medical assistance
or a change in health insurance coverage as needed; and
``(F) behavioral health services.
``(2) Coordinate all necessary services to support
prenatal, labor and delivery, and postpartum care for
eligible individuals.
``(3) Coordinate access to specialists, behavioral health
providers, early intervention services, and pediatricians.
``(4) Collect and report information under subsection (d).
``(c) Payments.--
``(1) In general.--A State shall provide a designated
provider, a team of health professionals operating with such
a provider, or a health team with payments for the provision
of maternal health home services to each eligible individual
enrolled in a maternal health home. Payments for maternal
health home services made to a designated provider, a team of
health professionals operating with such a provider, or a
health team shall be treated as payments for medical
assistance for purposes of section 1903(a), except that,
during the first 8 fiscal quarters that the State plan
amendment is in effect, the Federal medical assistance
percentage otherwise applicable to such payments shall be
increased by 15 percentage points, not to exceed 90 percent.
``(2) Methodology.--
``(A) In general.--The State shall specify in the State
plan amendment the methodology the State will use for
determining payment for the provision of maternal health home
services. Such methodology for determining payment--
``(i) may be tiered or adjusted to reflect, with respect to
each individual provided such services by a designated
provider, a team of health care professionals operating with
such a provider, or a health team, the acuity of each
individual receiving care, or the specific capabilities of
the provider, team of health care providers, or health team;
and
``(ii) shall be established consistent with section
1902(a)(30)(A).
``(B) Alternate model of payment.--The methodology for
determining payment for provision of maternal health home
services under this section shall not be limited to a fee-
for-service or per-member per-month payment model, and may
provide for alternate models of payment that reflect the
needs of a State, subject to the approval of the Secretary.
``(3) Planning grants.--
``(A) In general.--Beginning 12 months after the date of
enactment of this section, the Secretary may award planning
grants to States for purposes of developing a State plan
amendment under this section. A planning grant awarded to a
State under this paragraph shall remain available until
expended.
``(B) State contribution.--A State awarded a planning grant
shall contribute an amount equal to the State percentage
determined under section 1905(b) for each fiscal year for
which the grant is awarded.
``(C) Appropriations.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to
remain available until expended, to carry out this paragraph,
$5,000,000 for awarding grants under this section.
``(d) Data Collection and Reporting.--
``(1) Provider reporting requirements.--
``(A) In general.--In order to receive payments from a
State under subsection (c), a designated provider, a team of
health professionals operating with such a provider, or a
health team shall report to the State, in accordance with
such requirements as the Secretary shall specify, the
following:
``(i) With respect to each such designated provider, team
of health professionals, or health team, the name, national
provider identification number, address, and specific
maternal health home services offered to be provided to
eligible individuals who have selected such designated
provider, team of health professionals, or health team as the
maternal health home of such eligible individuals.
``(ii) Information on all applicable measures for
determining the quality of maternal health home services
provided by such designated provider, team of health
professionals, or health team, including, to the extent
applicable, the core set of child health quality measures
published under section 1139A, the core set of adult health
quality measures for Medicaid eligible adults published under
section 1139B, and maternal health quality measures.
``(B) Use of health information technology.--A designated
provider, a team of health professionals operating with such
a provider, or a health team shall use, to the extent
practicable, health information technology to provide a State
with the information required under subparagraph (A) and to
improve care coordination for eligible individuals, such as
by--
``(i) facilitating the review of person-centered care
plans;
``(ii) monitoring service delivery and identifying gaps in
treatment; and
``(iii) communicating with eligible individuals and with
primary, behavioral health and specialty care providers.
``(2) State reporting requirements.--A State with a State
plan amendment approved under this section shall collect and
report to the Secretary, at such time and in such form and
manner as required by the Secretary, the following
information:
``(A) The number of maternal health homes in a State in
which individuals are enrolled pursuant to a State plan
amendment under this section.
``(B) The number of individuals served who selected a
maternal health home, disaggregated by race and ethnicity,
pursuant to a State plan amendment under this section.
``(C) Information on the quality measures applicable for
maternal health home services, including, to the extent
applicable, the core set of child health quality measures
published under section 1139A, and the core set of adult
health quality measures for Medicaid eligible adults
published under section 1139B, and maternal health quality
measures.
``(D) The type of delivery systems and payment models used
to provide health home services to eligible individuals
enrolled in a maternal health home under a State plan
amendment under this section.
``(E) The number and characteristics of designated
providers, teams of health professionals, and health teams
selected as maternal health homes pursuant to a State plan
amendment under this section.
``(F) Information on hospitalizations, morbidity, and
mortality of eligible individuals and their infants enrolled
in a maternal health home in such State alongside comparable
data from a State's maternal mortality review committee.
``(G) A report on best practices for effective strategies
in coordinating care to support access to comprehensive
maternal health services.
``(H) Information reported to the State under paragraph
(1).
``(e) State Plan Amendment.--
``(1) In general.--A State plan amendment submitted
pursuant to this section shall include--
``(A) eligibility criteria for maternal health homes;
``(B) services available to eligible individuals through
the maternal health home;
``(C) a description of providers that may provide care
through a maternal health home, and that include how such
State will ensure any provider arrangement offered includes a
person-centered planning approach to determining necessary
services and supports and providing the appropriate care
coordination to meet clinical and non-clinical needs of
eligible individuals; and
``(D) reimbursement methodologies (as described in
subsection (c)(2)).
``(2) Hospital notification.--A State with a State plan
amendment approved under this section shall require each
hospital that is a participating provider under the State
plan (or a waiver of such plan) to establish procedures for,
in the case of an individual who is enrolled in a maternal
health home pursuant to this section and seeks treatment in
the emergency department of such hospital, notifying the
health home of such individual of such treatment.
``(3) Education with respect to availability of maternal
health home services.--In order for a State plan amendment to
be approved under this section, a State shall include in the
State plan amendment--
``(A) a description of the State's process for educating
providers participating in the State plan (or a waiver of
such plan) on the availability of maternal health home
services, including the process by which such providers can
refer individuals to a designated provider, team of health
care professionals operating such a provider, or health team
for the purpose of establishing a maternal health home
through which such individuals may receive such services; and
``(B) a description of the State's process for educating
individuals on the availability of such services.
``(4) Confidentiality.--A State with a State plan amendment
approved under this section shall establish confidentiality
protections to ensure, at a minimum, that the State does not
disclose any identifying information with respect to any
specific mortality case (including pursuant to the reporting
of information required under subsection (d)(2)(F)).
``(f) Rule of Construction.--Nothing in this section shall
be construed--
``(1) to require an eligible individual to enroll in, or
prohibit an eligible individual from disenrolling at any time
from, a maternal health home under this section; or
``(2) to require a designated provider, team of health
professionals, or health team to act as a maternal health
home and provide services in accordance with this section if
the designated
[[Page H6430]]
provider, team of health professionals, or health team does
not voluntarily agree to act as a maternal health home.
``(g) Definitions.--In this section:
``(1) Designated provider.--The term `designated provider'
means a physician, clinical practice or clinical group
practice, rural health clinic, freestanding birth center,
community health center, obstetrician gynecologist, midwife
who meets at a minimum the international definition of the
midwife and global standards for midwifery education as
established by the International Confederation of Midwives,
or any other health care entity or provider determined by the
State and approved by the Secretary to be qualified to act as
a maternal health home.
``(2) Eligible individual.--The term `eligible individual'
means an individual eligible for medical assistance under the
State plan or under a waiver of such plan who--
``(A) is pregnant or in the postpartum period that begins
on the last day of the pregnancy and ends on the last day of
the month in which the 12-month period (beginning on the last
day of the pregnancy of the individual) ends (or, if the
State provides for a longer period of postpartum coverage
period under such plan or waiver, on the last day of such
longer period); and
``(B) is not enrolled in a health home under section 1945
or 1945A.
``(3) Health team.--The term `health team' has the meaning
given such term for purposes of section 3502 of Public Law
111-148.
``(4) Maternal health home.--The term `maternal health
home' means a designated provider (including a provider that
operates in coordination with a team of health care
professionals), or a health team selected by a State to
provide maternal health home services to pregnant and
postpartum individuals.
``(5) Maternal health home services.--
``(A) In general.--The term `maternal health home services'
means comprehensive and timely high-quality services
described in subparagraph (B) that are provided by a
designated provider, a team of health professionals operating
with such a provider, or a health team.
``(B) Services described.--The services described in this
subparagraph shall include--
``(i) a standardized risk assessment for all participants
to determine needs;
``(ii) comprehensive care management;
``(iii) care coordination and health promotion;
``(iv) comprehensive transitional care, including arranging
appropriate follow-up, for individuals transitioning from
inpatient care to other settings;
``(v) individual and family support (including authorized
representatives);
``(vi) making referrals to other medical, community, and
social support services, if relevant; and
``(vii) the use of health information technology to link
services and coordinate care, to the extent practicable.
``(6) Standardized risk assessment.--The term `standardized
risk assessment' means an assessment to determine the needs
of an eligible individual, and shall include an assessment of
medical, obstetric, behavioral health, and social needs
performed at the initial prenatal or postpartum visit.
``(7) Team of health professionals.--The term `team of
health professionals' means a team of health professionals
(as described in the State plan amendment under this section)
that may--
``(A) include physicians, midwives who meet at a minimum
the international definition of the midwife and global
standards for midwifery education as established by the
International Confederation of Midwives, nurses, nurse care
coordinators, nutritionists, social workers, doulas,
behavioral health professionals, community health workers,
translators and interpreters, and other professionals
determined to be appropriate by the State;
``(B) a health care entity or individual who is designated
to coordinate such a team; and
``(C) provide care at a facility that is freestanding,
virtual, or based at a hospital, freestanding birth center,
community health center, community mental health center,
rural clinic, clinical practice or clinical group practice,
academic health center, children's hospital, or any health
care entity determined to be appropriate by the State and
approved by the Secretary.''.
PART 3--TERRITORIES
SEC. 30731. INCREASING MEDICAID CAP AMOUNTS AND THE FEDERAL
MEDICAL ASSISTANCE PERCENTAGE FOR THE
TERRITORIES.
(a) Cap Amount Adjustments.--Section 1108(g)(2) of the
Social Security Act (42 U.S.C. 1308(g)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by striking ``except as provided in clause (ii)'' and
inserting ``for each of fiscal years 1999 through 2019''; and
(ii) by striking ``and'' at the end; and
(B) by adding at the end the following new clauses:
``(iii) for fiscal year 2022, $3,600,000,000; and
``(iv) for fiscal year 2023 and each subsequent year, the
sum of the amount provided in this subsection for the
preceding fiscal year, increased by the percentage increase,
if any, in Medicaid spending under title XIX during the
preceding year (as determined based on the most recent
National Health Expenditure data with respect to such year),
rounded to the nearest $100,000;'';
(2) in subparagraph (B)--
(A) in clause (i), by striking ``except as provided in
clause (ii),'' and inserting ``for each of fiscal years 1999
through 2019,'';
(B) in clause (ii), by striking ``and'' at the end;
(C) by adding at the end the following:
``(iv) for fiscal year 2022, $135,000,000; and
``(v) for fiscal year 2023 and each subsequent year, the
sum of the amount provided in this subsection for the
preceding fiscal year, increased by the percentage increase
described in subparagraph (A)(iv) for the preceding year,
rounded to the nearest $10,000;'';
(3) in subparagraph (C)--
(A) in clause (i), by striking ``except as provided in
clause (ii),'' and inserting ``for each of fiscal years 1999
through 2019,'';
(B) in clause (ii), by striking ``and'' at the end;
(C) by adding at the end the following:
``(iv) for fiscal year 2022, $140,000,000; and
``(v) for fiscal year 2023 and each subsequent year, the
sum of the amount provided in this subsection for the
preceding fiscal year, increased by the percentage increase
described in subparagraph (A)(iv) for the preceding year,
rounded to the nearest $10,000;'';
(4) in subparagraph (D)--
(A) in clause (i), by striking ``except as provided in
clause (ii),'' and inserting ``for each of fiscal years 1999
through 2019,'';
(B) in clause (ii), by striking ``and'' at the end;
(C) in clause (iii), by striking ``and'' at the end; and
(D) by adding at the end the following new clauses:
``(iv) for fiscal year 2022, $70,000,000; and
``(v) for fiscal year 2023 and each subsequent year, the
sum of the amount provided in this subsection for the
preceding fiscal year, increased by the percentage increase
described in subparagraph (A)(iv) for the preceding year,
rounded to the nearest $10,000; and'';
(5) in subparagraph (E)--
(A) in clause (i), by striking ``except as provided in
clause (ii),'' and inserting ``for each of fiscal years 1999
through 2019,'';
(B) in clause (ii), by striking ``and'' at the end;
(C) in clause (iii), by striking the period and inserting a
semicolon; and
(D) by adding at the end the following:
``(iv) for fiscal year 2022, $90,000,000; and
``(v) for fiscal year 2023 and each subsequent year, the
sum of the amount provided in this subsection for the
preceding fiscal year, increased by the percentage increase
described in subparagraph (A)(iv) for the preceding year,
rounded to the nearest $10,000.''; and
(6) by striking the flush matter following subparagraph
(E).
(b) FMAP Adjustments.--Section 1905(ff) of the Social
Security Act (42 U.S.C. 1396d(ff)) is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and adjusting
the margins accordingly;
(2) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding'';
(3) in paragraph (1), as so inserted--
(A) in the matter preceding subparagraph (A), as so
redesignated, by inserting ``paragraph (2) and'' after
``subject to'';
(B) in subparagraph (B), as so redesignated--
(i) by striking ``December 3, 2021,'' and inserting
``September 30, 2021''; and
(ii) by striking ``and'' at the end;
(C) in subparagraph (C), as so redesignated, by striking
``December 3, 2021,'' and inserting ``September 30, 2021'';
(D) by adding at the end the following:
``(D) for fiscal year 2022 and each subsequent fiscal year,
the Federal medical assistance percentage for the Virgin
Islands, Guam, the Northern Mariana Islands, and American
Samoa shall be equal to 83 percent;
``(E) for fiscal year 2022, the Federal medical assistance
percentage for Puerto Rico shall be equal to 76 percent; and
``(F) for fiscal year 2023 and each subsequent fiscal year,
the Federal medical assistance percentage for Puerto Rico
shall be equal to 83 percent.''; and
(4) by adding at the end the following new paragraph:
``(2) Special rule for puerto rico relating to establishing
a payment floor.--
``(A) In general.--For each fiscal quarter (beginning with
the first fiscal quarter beginning on or after the date of
the enactment of this paragraph), Puerto Rico's State plan
(or waiver of such plan) shall establish a reimbursement
floor, implemented through a directed payment arrangement
plan, for physician services that are covered under the
Medicare part B fee schedule in the Puerto Rico locality
established under section 1848(b) that is not less than 70
percent of the payment that would apply to such services if
they were furnished under part B of title XVIII during such
fiscal quarter.
``(B) Application to managed care.--In determining whether
Puerto Rico has established a reimbursement floor under a
directed payment arrangement plan that satisfies the
requirements of subparagraph (A) for a fiscal quarter
occurring during fiscal year 2022 or a subsequent fiscal
year--
``(i) the Secretary shall disregard payments made under
sub-capitated arrangements for services such as primary care
case management; and
``(ii) if the reimbursement floor for physician services
applicable under a managed care contract satisfies the
requirements of subparagraph (A) for a fiscal quarter
occurring during a year in which the contract is entered into
or renewed, such reimbursement floor shall be deemed to
satisfy such requirements for each subsequent fiscal quarter
occurring during such year and for each fiscal quarter
occurring during the subsequent fiscal year.
``(C) FMAP reduction for failure to establish payment
floor.--
``(i) In general.--In the case that the Secretary
determines that Puerto Rico has failed to meet the
requirement of subparagraph (A) with
[[Page H6431]]
respect to a fiscal quarter, the Federal medical assistance
percentage otherwise determined under this subsection for
Puerto Rico shall be reduced for such quarter by the
applicable number of percentage points described in clause
(ii).
``(ii) Applicable number of percentage points.--For
purposes of clause (i), the applicable number of percentage
points described in this clause is, with respect to a fiscal
quarter, the following:
``(I) In the case no reduction was made under this
subparagraph for the preceding fiscal quarter, 0.5 percentage
points.
``(II) In the case a reduction was made under this
subparagraph for the preceding fiscal quarter, the number of
percentage points of such reduction for such preceding fiscal
quarter, plus 0.25 percentage points, except that in no case
may the application of this subclause result in a reduction
of more than 5 percentage points.''.
PART 4--OTHER MEDICAID
SEC. 30741. INVESTMENTS TO ENSURE CONTINUED ACCESS TO HEALTH
CARE FOR CHILDREN AND OTHER INDIVIDUALS.
(a) Providing for 1 Year of Continuous Eligibility for
Children.--
(1) Under the medicaid program.--
(A) In general.--Section 1902(e) of the Social Security Act
(42 U.S.C. 1396a(e)) is amended--
(i) in paragraph (12), by inserting ``before the date that
is one year after the date of the enactment of paragraph
(17)'' after ``subsection (a)(10)(A)''; and
(ii) by adding at the end following new paragraph:
``(17) 1 year of continuous eligibility for children.--The
State plan (or waiver of such State plan) shall provide that
an individual who is under the age of 19 and who is
determined to be eligible for benefits under a State plan (or
waiver of such plan) approved under subsection (a)(10)(A)
shall remain eligible for such benefits until the earlier
of--
``(A) the end of the 12-month period beginning on the date
of such determination;
``(B) the time that such individual attains the age of 19;
or
``(C) the date that such individual ceases to be a resident
of such State.''.
(B) Effective date.--
(i) In general.--Subject to clause (ii), the amendments
made by subparagraph (A)(ii) shall take effect one year after
the date of enactment of this Act.
(ii) Exception for state legislation.--In the case of a
State plan under title XIX of the Social Security Act (42
U.S.C. 1396 through 1396w-6) that the Secretary of Health and
Human Services determines requires State legislation in order
for the plan to meet any requirement imposed by amendments
made under subparagraph (A)(ii), the plan shall not be
regarded as failing to comply with the requirements of such
title solely on the basis of its failure to meet such a
requirement before the first day of the first calendar
quarter beginning after the close of the first regular
session of the State legislature that begins after the date
of the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be
considered to be a separate regular session of the State
legislature.
(2) Under the children's health insurance program.--Section
2107(e)(1) of the Social Security Act (42 U.S.C.
1397gg(e)(1)) is amended--
(A) by redesignating subparagraphs (K) through (T) as
subparagraphs (L) through (U), respectively; and
(B) by inserting after subparagraph (J) the following new
subparagraph:
``(K) Section 1902(e)(17) (relating to 1 year of continuous
eligibility for children).''.
(b) Revisions to Temporary Increase of Medicaid FMAP Under
the Families First Coronavirus Response Act.--Section 6008 of
the Families First Coronavirus Response Act (42 U.S.C. 1396d
note) is amended--
(1) in subsection (a)--
(A) by striking ``In General.--Subject to'' and inserting
``Temporary Increase.--
``(1) In general.--Subject to'';
(B) in the paragraph (1) inserted by subparagraph (A)--
(i) by striking ``the last day of the calendar quarter in
which the last day of such emergency period occurs'' and
inserting ``September 30, 2022''; and
(ii) by striking ``6.2 percentage points'' and inserting
``the number of percentage points specified in paragraph (2)
with respect to such calendar quarter''; and
(C) by adding at the end the following new paragraph:
``(2) Percentage points specified.--For purposes of
paragraph (1), the number of percentage points specified in
this paragraph is--
``(A) 6.2 percentage points with respect to each calendar
quarter occurring during the period beginning on the first
day of the emergency period defined in paragraph (1)(B) of
section 1135(g) of the Social Security Act (42 U.S.C. 1320b-
5(g)) and ending March 31, 2022;
``(B) 3.0 percentage points with respect to the calendar
quarter beginning on April 1, 2022, and ending on June 30,
2022; and
``(C) 1.5 percentage points with respect to the calendar
quarter beginning on July 1, 2022, and ending on September
30, 2022.'';
(2) in subsection (b)(3)--
(A) by striking ``the State fails'' and inserting ``subject
to subsection (f), the State fails'';
(B) by striking ``and ending the last day of the month in
which the emergency period described in subsection (a) ends''
and inserting ``and ending on March 31, 2022,''; and
(C) by striking ``through the end of the month in which
such emergency period ends'' and inserting ``through
September 30, 2022,''; and
(3) by adding at the end the following new subsection:
``(f) Special Rule for Enrollments as of April 1, 2022.--
For calendar quarters during the period described in
subsection (a) that begin on or after April 1, 2022, a State
described in such subsection may, in accordance with
paragraph (3), terminate coverage for an individual who is
determined to be no longer eligible for medical assistance
and who has been enrolled for at least 12 consecutive months
under the State plan of such State under title XIX of the
Social Security Act (42 U.S.C. 1396) (or waiver of such
plan), and such State shall not be ineligible for the
increase to the Federal medical assistance percentage of the
State described in such subsection on the basis that the
State is in violation of the requirement of subsection
(b)(3), if the State, with respect to such terminations of
coverage conducted through September 30, 2022, for such
individuals, is in compliance with each of the following:
``(1) The State shall conduct such eligibility
redeterminations, with respect to such an individual, in
accordance with the provisions of section 435.916 of title 42
of the Code of Federal Regulations (or any successor
regulation) and the provisions of section 1943 of the Social
Security Act, as applicable.
``(2) Prior to terminating coverage for an individual, the
State shall undertake a good faith effort to ensure that the
State has contact information (including an up-to-date
mailing address, phone number, or email address) for such
individuals by coordinating with Medicaid managed care
organizations (where applicable), and other applicable State
health and human services agencies.
``(3) The State may not disenroll from the State plan (or
waiver) such an individual determined ineligible pursuant to
such a redetermination for medical assistance under the State
plan (or waiver) on the basis of returned mail unless--
``(A) there have been at least two failed attempts to
contact such individual through at least 2 modalities; and
``(B) after the second attempt, the individual had 30 days
notice, through at least 2 modalities, before such
disenrollment takes effect.
``(4) The State may not initiate eligibility
redeterminations for more than 1/12 of individuals enrolled
in the State plan (or waiver) with respect to any month
during the period beginning on April 1, 2022, and ending on
September 30, 2022.
``(5) The State shall submit to the Secretary monthly
reports during the period described in subsection (a) that
begin on or after April 1, 2022 which the State receives an
increase pursuant to such subsection period on the activities
of the State, including, with respect to the period for which
the report is submitted--
``(A) the number of eligibility renewals initiated,
beneficiaries renewed, and individuals whose eligibility was
terminated;
``(B) the number of such cases in which eligibility for
medical assistance under the State plan (or waiver) were so
terminated due to the individual's failure to return a
renewal form or other information needed by the state to make
an eligibility determination;
``(C) the number of such cases in which eligibility for
medical assistance under the State plan (or waiver) were so
terminated pursuant to such a redetermination due to a known
change in circumstance;
``(D) the number of individuals whose coverage was
terminated pursuant to such a redetermination whose accounts
were, during such period, transitioned to the Exchange, CHIP,
or basic health program; and
``(E) with respect to eligibility redeterminations, the
daily average volume, wait times, and abandonment rate (as
determined by the Secretary) for each call center during such
month.''.
(c) Medical Assistance Under Medicaid for Inmates During
30-day Period Preceding Release.--
(1) In general.--The subdivision (A) following paragraph
(31) of section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)) is amended by inserting ``and, beginning on the
first day of the first fiscal year quarter that begins two
years after the date of the enactment of the Act titled `An
Act to provide for reconciliation pursuant to title II of S.
Con. Res. 14', except during the 30-day period preceding the
date of release of an inmate of a public institution'' after
``medical institution''.
(2) Conforming amendments in title xix.--Section 1902(a) of
the Social Security Act (42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (74), by striking at the end ``and''; and
(B) in paragraph (84)--
(i) in subparagraph (A), by inserting ``, except, beginning
on the first day of the first fiscal year quarter that begins
two years after the date of the enactment of the Act titled
`An Act to provide for reconciliation pursuant to title II of
S. Con. Res. 14', the State may not suspend coverage during
the 30-day period preceding the date of release of the
juvenile'' after ``during the period the juvenile is such an
inmate''; and
(ii) in subparagraph (C), by striking ``upon release'' and
inserting ``30 days prior to release''.
(3) Conforming amendment in title xxi.--Section 2110(b)(2)
of the Social Security Act (42 U.S.C. 1397jj(b)(2))--
(A) in subparagraph (A), by striking at the end ``or'';
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) except, beginning on the first day of the first
fiscal year quarter that begins two years after the date of
the enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14,'
except during the 30-day period preceding the date of release
of such child from such public institution.''.
(d) Extension of Certain Provisions.--
[[Page H6432]]
(1) Express lane eligibility option.--Section 1902(e)(13)
of the Social Security Act (42 U.S.C. 1396a(e)(13)) is
amended by striking subparagraph (I).
(2) Conforming amendments for assurance of affordability
standard for children and families.--Section 1902(gg)(2) of
the Social Security Act (42 U.S.C. 1396a(gg)(2)) is amended--
(A) in the paragraph heading, by striking ``through
september 30, 2027''; and
(B) by striking ``through September 30'' and all that
follows through ``ends on September 30, 2027'' and inserting
``(but beginning on October 1, 2019,''.
(e) Expansion of Community Mental Health Services
Demonstration Program.--
(1) In general.--Section 223 of the Protecting Access to
Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
(A) in subsection (c), by adding at the end the following
new paragraph:
``(3) Additional planning grants.--In addition to the
planning grants awarded under paragraph (1), the Secretary
shall award planning grants to States (other than States
selected to conduct demonstration programs under paragraph
(1) or (8) of subsection (d)) for the purpose of developing
proposals to participate in time-limited demonstration
programs described in subsection (d).'';
(B) in subsection (d)--
(i) in paragraph (3), by striking ``Subject to paragraph
(8)'' and inserting ``Subject to paragraphs (8) and (9)'';
(ii) in paragraph (5)(C)(iii)(II), by inserting ``or
paragraph (9)'' after ``paragraph (8)'';
(iii) in paragraph (7)--
(I) in subparagraph (A), by inserting ``through the year in
which the last demonstration under this section ends'' after
``annually thereafter''; and
(II) in subparagraph (B)--
(aa) by striking ``December 31, 2021'' and inserting
``March 31, 2026'';
(bb) by striking ``recommendations concerning'' and all
that follows through the period and inserting
``recommendations concerning whether and how the
demonstration programs under this section should be
modified.''; and
(cc) by adding at the end the following new sentence:
``Such recommendations shall be based on data collected from
States selected to conduct demonstration programs under
paragraph (1) and, to the extent available, data collected
from States selected to conduct demonstration programs under
paragraphs (8) and (9).''; and
(iv) by adding at the end the following new paragraph:
``(9) Further additional programs.--
``(A) In general.--In addition to the States selected under
paragraphs (1) and (8) and without regard to paragraph (4),
the Secretary shall select any State that meets the
requirements described in subparagraph (B) to conduct a
demonstration program that meets the requirements of this
subsection for 2 years.
``(B) Requirements.--The requirements described in this
subparagraph with respect to a State are that the State--
``(i) was awarded a planning grant under paragraph (1) or
(3) of subsection (c); and
``(ii) submits an application (in addition to any
application that the State may have previously submitted
under this section) that meets the requirements of paragraph
(2)(B).
``(C) Requirements for selected states.--The requirements
applicable to States selected under paragraph (8) pursuant to
subparagraph (C) of such paragraph shall apply in the same
manner to States selected under this paragraph.'';
(C) in subsection (e), by amending paragraph (4) to read as
follows:
``(4) State.--The term State means each of the 50 States,
the District of Columbia, Puerto Rico, the Virgin Islands,
Guam, the Northern Mariana Islands, and American Samoa.'';
and
(D) in subsection (f)(1)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B), by striking the period and
inserting ``, and $40,000,000 for fiscal year 2022; and'';
and
(iii) by adding at the end the following new subparagraph:
``(C) for purposes of updating the criteria under
subsection (a) as needed for certified community behavioral
health clinics and carrying out subsections (c)(3), (d)(7),
and (d)(9) (including the provision of technical assistance
to States applying for planning grants under subsection
(c)(3) and conducting demonstration projects under this
section), $5,000,000 for fiscal year 2022.''.
(2) Exclusion of amounts attributable to increased fmap
from territorial caps.--Section 1108 of the Social Security
Act (42 U.S.C. 1308) is amended--
(A) in subsection (f), in the matter preceding paragraph
(1), by striking ``subsections (g) and (h)'' and inserting
``subsections (g), (h), and (i)''; and
(B) by adding at the end the following:
``(i) Exclusion From Caps of Amounts Attributable to
Enhanced FMAP for Community Mental Health Services.--Any
additional amount paid to Puerto Rico, the Virgin Islands,
Guam, the Northern Mariana Islands, and American Samoa for
expenditures for medical assistance that is attributable to
an enhanced Federal medical assistance percentage applicable
to such expenditures under section 223(d)(5) of the
Protecting Access to Medicare Act of 2014 shall not be taken
into account for purposes of applying payment limits under
subsections (f) and (g).''.
(f) Making Permanent a State Option to Provide Qualifying
Community-based Mobile Crisis Intervention Services.--Section
1947 of the Social Security Act (42 U.S.C. 1396w-6) is
amended--
(1) in subsection (a), by striking ``during the 5-year
period'';
(2) in subsection (c), by striking ``occurring during the
period described in subsection (a) that a State'' and
inserting ``in which a State provides medical assistance for
qualifying community-based mobile crisis intervention
services under this section and''; and
(3) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``for the fiscal year
preceding the first fiscal quarter occurring during the
period described in subsection (a)'' and inserting ``for the
fiscal year preceding the first fiscal quarter in which the
State provides medical assistance for qualifying community-
based mobile crisis intervention services under this
section''; and
(B) in subparagraph (B), by striking ``occurring during the
period described in subsection (a)'' and inserting
``occurring during a fiscal quarter''.
(g) Extension of 100 Percent Federal Medical Assistance
Percentage for Urban Indian Health Organizations and Native
Hawaiian Health Care Systems.--The third sentence of section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is
amended--
(1) by striking ``for the 8 fiscal year quarters beginning
with the first fiscal year quarter beginning after the date
of the enactment of the American Rescue Plan Act of 2021''
and inserting ``for the period of the 16 fiscal year quarters
that begins on April 1, 2021''; and
(2) by striking ``such 8 fiscal year quarters'' and
inserting ``such period of 16 fiscal year quarters''.
(h) Ensuring Accurate Payments to Pharmacies Under
Medicaid.--
(1) In general.--Section 1927(f) of the Social Security Act
(42 U.S.C. 1396r-8(f)) is amended--
(A) by striking ``and'' after the semicolon at the end of
paragraph (1)(A)(i) and all that precedes it through ``(1)''
and inserting the following:
``(1) Determining pharmacy actual acquisition costs.--The
Secretary shall conduct a survey of retail community pharmacy
drug prices in the 50 States and the District of Columbia, to
determine the national average drug acquisition cost, as
follows:
``(A) Use of vendor.--The Secretary may contract services
for--
``(i) with respect to retail community pharmacies, the
determination of retail survey prices of the national average
drug acquisition cost for covered outpatient drugs based on a
monthly survey of such pharmacies, net of all discounts and
rebates (to the extent any information with respect to such
discounts and rebates is available), the average
reimbursement received for such drugs by such pharmacies from
all sources of payment and, to the extent available, the
usual and customary charges to consumers for such drugs;
and'';
(B) by adding at the end of paragraph (1) the following:
``(F) Survey reporting.--A State shall require that any
retail community pharmacy in the State that receives any
payment, reimbursement, administrative fee, discount, or
rebate related to the dispensing of covered outpatient drugs
to individuals receiving benefits under this title or title
XXI, regardless of whether such payment, fee, discount, or
rebate is received from the State or a managed care entity
directly or from a pharmacy benefit manager or another entity
that has a contract with the State or a managed care entity
or other specified entity (as such terms are defined in
section 1903(m)(9)(D)), shall respond to surveys of retail
prices conducted under this subsection with the specific
information requested by the vendor.
``(G) Survey information.--Information on retail community
actual acquisition prices obtained under this paragraph shall
be made publicly available and shall include at least the
following:
``(i) The monthly response rate of the survey, including a
list of pharmacies not in compliance with subparagraph (F)
and the identification numbers for such pharmacies.
``(ii) The sampling frame and number of pharmacies sampled
monthly.
``(iii) Characteristics of reporting pharmacies, including
type (such as independent or chain), geographic or regional
location, and dispensing volume.
``(iv) Reporting of a separate national average drug
acquisition cost for each drug for independent retail
pharmacies and chain pharmacies.
``(v) Information on price concessions including on and off
invoice discounts, rebates, and other price concessions.
``(vi) Information on average professional dispensing fees
paid.
``(H) Penalties.--
``(i) Failure to provide timely information.--A retail
community pharmacy that knowingly fails to respond to a
survey conducted under this subsection on a timely basis may
be subject to a civil monetary penalty in an amount not to
exceed $10,000 for each day in which such information has not
been provided. A retail community pharmacy shall not be
subject to such penalty if the pharmacy makes a good faith
effort to provide the information requested by the survey on
a timely basis.
``(ii) False information.--A retail community pharmacy that
knowingly provides false information in response to a survey
conducted under this subsection may be subject to a civil
money penalty in an amount not to exceed $100,000 for each
item of false information.''; and
(C) in paragraph (4), by inserting ``, and $7,000,000 for
fiscal year 2023 and each fiscal year thereafter,'' after
``2010''.
(2) Condition for federal financial participation.--Section
1903(i)(10) of the Social Security Act (42 U.S.C.
1396b(i)(10)) is amended--
(A) in subparagraph (D), by striking ``and'' after the
semicolon;
(B) in subparagraph (E), by striking ``or'' after the
semicolon and inserting ``and''; and
[[Page H6433]]
(C) by inserting after subparagraph (E), the following new
subparagraph:
``(F) with respect to any amount expended for reimbursement
to a retail community pharmacy under this title unless the
State requires the retail community pharmacy to respond to
surveys of retail prices conducted under section 1927(f) in
accordance with paragraph (1)(F) of such section; or''.
(3) Effective date.--The amendments made by this section
take effect on the 1st day of the 1st quarter that begins on
or after the date that is 18 months after the date of
enactment of this Act.
(i) Funding for Implementation and Administration.--In
addition to amounts otherwise available, there is
appropriated to the Secretary, for fiscal year 2022, to be
available until expended, out of any money in the Treasury
not otherwise appropriated, $20,000,000, to provide technical
assistance and guidance and cover administrative costs
associated with implementing the amendments made by this part
and part 2.
PART 5--MAINTENANCE OF EFFORT
SEC. 30751. ENCOURAGING CONTINUED ACCESS AFTER THE END OF THE
PUBLIC HEALTH EMERGENCY.
Section 6008 of the Families First Coronavirus Response Act
(42 U.S.C. 1396d note), as amended by section 30741(b), is
further amended--
(1) by redesignating the second subsection (d) added by
section 11 of division X of Public Law 116-260 as subsection
(e); and
(2) by adding at the end the following new subsection:
``(g) Encouraging Continued Access After the End of the
Public Health Emergency.--
``(1) In general.--Subject to paragraph (2), if, between
October 1, 2022 and December 31, 2025, a State puts into
effect for any calendar quarter occurring during such period
eligibility standards, methodologies, or procedures for
individuals (except individuals described in subparagraph (D)
of section 1902(e)(14)) who are applying for or receiving
medical assistance under the State plan of such State under
title XIX of the Social Security Act (42 U.S.C. 1396 through
1396w-6) (including any waiver under such title or section
1115 of such Act (42 U.S.C. 1315)) that are more restrictive
than the eligibility standards, methodologies, or procedures,
respectively, under the State plan (or waiver of such plan)
that are in effect on October 1, 2021, the Federal medical
assistance percentage otherwise determined under section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) for
that State shall be reduced by 3.1 percentage points for such
calendar quarter.
``(2) Nonapplication.--During the period described in
paragraph (1), at the option of the State, the condition
under such paragraph may not apply to the State with respect
to nonpregnant, nondisabled adults who are eligible for
medical assistance under the State plan (or waiver such plan)
whose income exceeds 133 percent of the poverty line (as
defined in section 2110(c)(5)) applicable to a family of the
size involved if, on or after December 31, 2022, the State
had certified or certifies to the Secretary that, with
respect to the State fiscal year during which the
certification is made, the State has a budget deficit, or
with respect to the succeeding State fiscal year, the State
is projected to have a budget deficit. Upon submission of
such a certification to the Secretary, the condition under
paragraph (1) shall not apply to the State with respect to
any remaining portion of the period described in the
preceding sentence.''.
Subtitle G--Children's Health Insurance Program
SEC. 30801. INVESTMENTS TO STRENGTHEN CHIP.
(a) Permanent Extension of Children's Health Insurance
Program.--
(1) In general.--Section 2104(a)(28) of the Social Security
Act (42 U.S.C. 1397dd(a)(28)) is amended to read as follows:
``(28) for fiscal year 2027 and each subsequent year, such
sums as are necessary to fund allotments to States under
subsection (m).''.
(2) Allotments.--
(A) In general.--Section 2104(m) of the Social Security Act
(42 U.S.C. 1397dd(m)) is amended--
(i) in paragraph (2)(B)(i), by striking ``, 2023, and
2027'' and inserting ``and 2023'';
(ii) in paragraph (5)--
(I) by striking ``(10), or (11)'' and inserting ``or
(10)'';
(II) by striking ``for a fiscal year'' and inserting ``for
a fiscal year before 2027''; and
(III) by striking ``2023, or 2027'' and inserting ``or
2023'';
(iii) in paragraph (7)--
(I) in subparagraph (A), by striking ``and ending with
fiscal year 2027,''; and
(II) in the flush left matter at the end, by striking ``or
fiscal year 2026'' and inserting ``fiscal year 2026, or a
subsequent even-numbered fiscal year'';
(iv) in paragraph (9)--
(I) by striking ``(10), or (11)'' and inserting ``or
(10)''; and
(II) by striking ``2023, or 2027,'' and inserting ``or
2023''; and
(v) by striking paragraph (11).
(B) Conforming amendment.--Section 50101(b)(2) of the
Bipartisan Budget Act of 2018 (Public Law 115-123) is
repealed.
(b) Other Related CHIP Policies.--
(1) Pediatric quality measures program.--Section
1139A(i)(1) of the Social Security Act (42 U.S.C. 1320b-
9a(i)(1)) is amended--
(A) in subparagraph (C), by striking at the end ``and'';
(B) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new subparagraphs:
``(E) for fiscal year 2028, $15,000,000 for the purpose of
carrying out this section (other than subsections (e), (f),
and (g)); and
``(F) for each subsequent fiscal year, the amount
appropriated under this paragraph for the previous fiscal
year, increased by the percentage increase in the consumer
price index for all urban consumers (all items; United States
city average, as published by the Bureau of Labor Statistics)
rounded to the nearest $100,000 over such previous fiscal
year, for the purpose of carrying out this section (other
than subsections (e), (f), and (g)).''.
(2) Assurance of eligibility standards for children.--
Section 2105(d)(3) of the Social Security Act (42 U.S.C.
1397ee(d)(3)) is amended--
(A) in the paragraph heading, by striking ``through
september 30, 2027''; and
(B) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``During the period that begins on the date
of enactment of the Patient Protection and Affordable Care
Act and ends on September 30, 2027'' and inserting
``Beginning on the date of the enactment of the Patient
Protection and Affordable Care Act'';
(II) by striking ``During the period that begins on October
1, 2019, and ends on September 30, 2027'' and inserting
``Beginning on October 1, 2019''; and
(III) by striking ``The preceding sentences shall not be
construed as preventing a State during any such periods
from'' and inserting ``The preceding sentences shall not be
construed as preventing a State from'';
(ii) in clause (i), by striking the semicolon at the end
and inserting a period;
(iii) by striking clauses (ii) and (iii); and
(iv) as amended by subclause (i)(III), by striking ``as
preventing a State from'' and all that follows through
``applying eligibility standards'' and inserting ``as
preventing a State from applying eligibility standards''.
(3) Qualifying states option.--Section 2105(g)(4) of the
Social Security Act (42 U.S.C. 1397ee(g)(4)) is amended--
(A) in the paragraph heading, by striking ``for fiscal
years 2009 through 2027'' and inserting ``after fiscal year
2008''; and
(B) in subparagraph (A), by striking ``for any of fiscal
years 2009 through 2027'' and inserting ``for any fiscal year
after fiscal year 2008''.
(4) Outreach and enrollment program.--Section 2113 of the
Social Security Act (42 U.S.C. 1397mm) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``during the period of
fiscal years 2009 through 2027'' and inserting ``, beginning
with fiscal year 2009,'';
(ii) in paragraph (2)--
(I) by striking ``10 percent of such amounts'' and
inserting ``10 percent of such amounts for the period or the
fiscal year for which such amounts are appropriated''; and
(II) by striking ``during such period'' and inserting ``,
during such period or such fiscal year,''; and
(iii) in paragraph (3), by striking ``For the period of
fiscal years 2024 through 2027, an amount equal to 10 percent
of such amounts'' and inserting ``Beginning with fiscal year
2024, an amount equal to 10 percent of such amounts for the
period or the fiscal year for which such amounts are
appropriated''; and
(B) in subsection (g)--
(i) by striking ``2017,,'' and inserting ``2017,'';
(ii) by striking ``and $48,000,000'' and inserting
``$48,000,000''; and
(iii) by inserting after ``through 2027'' the following:
``, $60,000,000 for fiscal years 2028, 2029, and 2030, and
for each 3 fiscal years after fiscal year 2030, the amount
appropriated under this subsection for the previous fiscal
year, increased by the percentage increase in the consumer
price index for all urban consumers (all items; United States
city average, as published by the Bureau of Labor Statistics)
rounded to the nearest $100,000 over such previous fiscal
year''.
(5) Child enrollment contingency fund.--Section 2104(n) of
the Social Security Act (42 U.S.C. 1397dd(n)) is amended--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii)--
(I) by striking ``2024 through 2026'' and inserting
``beginning with fiscal year 2024''; and
(II) by striking ``2023, and 2027'' and inserting ``and
2023''; and
(ii) in subparagraph (B)--
(I) by striking ``2024 through 2026'' and inserting
``beginning with fiscal year 2024''; and
(II) by striking ``2023, and 2027'' and inserting ``and
2023''; and
(B) in paragraph (3)(A)--
(i) by striking ``fiscal years 2024 through 2026'' and
inserting ``fiscal year 2024 or any subsequent fiscal year'';
and
(ii) by striking ``2023, or 2027'' and inserting ``or
2023''.
(c) CHIP Drug Rebates.--
(1) In general.--Section 2107 of the Social Security Act
(42 U.S.C. 1397gg), as amended by section 30721(b)(2), is
further amended--
(A) in subsection (e)(1) by adding at the end the following
new subparagraph:
``(V) Beginning January 1, 2024, section 1927, in
accordance with subsection (h) of this section, with respect
to covered outpatient drugs (as defined in section 1927) for
which child health assistance or pregnancy-related assistance
(as defined in section 2112(d)(1)) is provided under the
State child health plan, including such drugs dispensed to
individuals enrolled with a managed care organization that
meets the requirements of subpart L of part 457 of title 42,
Code of Federal Regulations (or a successor regulation) if
the organization is responsible for coverage of such
drugs.''; and
(B) by adding at the end the following new subsection:
``(h) Drug Rebates.--For purposes of subsection (e)(1)(V),
in applying section 1927--
``(1) the Secretary shall take such actions as are
necessary and develop or adapt such processes and mechanisms
as are necessary, including to report and collect data to
bill and track rebates under section 1927, as applied
pursuant to subsection (e)(1)(V) for covered outpatient
[[Page H6434]]
drugs (as defined in such section 1927) for which child
health assistance or pregnancy-related assistance (as defined
in section 2112(d)(1)) is provided under the State child
health plan;
``(2) the requirements of such section 1927 shall apply to
any drug or biological product described in paragraph (1)(A)
of section 1905(ee) that is--
``(A) furnished as child health assistance or pregnancy-
related assistance under the State child health plan; and
``(B) a covered outpatient drug (as defined in section
1927(k), except that, in applying paragraph (2)(A) of such
section to a drug described in such paragraph (1)(A) of such
section 1905(ee), such drug shall be deemed `a prescribed
drug for purposes of subsection (a)(12))'; and
``(3) in order for payment to be available under section
2105 with respect to child health assistance or pregnancy-
related assistance for covered outpatient drugs of a
manufacturer, the manufacturer must have entered into and
have in effect a single rebate agreement to--
``(A) provide rebates under section 1927 to a State
Medicaid program under title XIX as well as a State program
under this title; and
``(B) provide such rebates to a State program under this
title in the same form and manner as the manufacturer is
required to provide rebates under an agreement described in
section 1927(b) to a State Medicaid program under title XIX.
Nothing in this subsection or subsection (e)(1)(V) shall be
construed as limiting Federal financial participation for
prescription drugs and biological products that do not
satisfy the definition of a covered outpatient drug and for
which there is not a rebate agreement in effect.''.
(2) Drug rebate conforming amendment.--Section 1927(a)(1)
of the Social Security Act (42 U.S.C. 1396r-8(a)(1)) is
amended in the first sentence--
(A) by striking ``or under part B of title XVIII'' and
inserting ``, under part B of title XVIII, or, beginning with
the first full calendar quarter with respect to which section
2107(e)(1)(V) applies, under section 2105 with respect to
child health assistance or pregnancy-related assistance under
title XXI'';
(B) by striking ``a rebate agreement described in
subsection (b)'' and inserting ``a single rebate agreement
described in subsection (b) with respect to payment under
section 1903(a) and, beginning January 1, 2024, title XXI,'';
and
(C) by inserting ``and including as such subsection (b) is
applied pursuant to subsections (e)(1)(V) and (h) of section
2107 with respect to child health assistance and pregnancy-
related assistance under a State child health plan under
title XXI'' before ``, and must meet''.
(3) Non-duplication of rebates conforming amendment.--
Section 340B(a)(5)(A) of the Public Health Service Act (42
U.S.C. 256b(a)(5)(A)) is amended--
(A) in clause (i), by inserting before the period the
following: ``and shall not request payment under title XXI of
such Act for child health assistance or pregnancy-related
assistance (as defined in section 2112(d)(1) of such Act)
under a State child health plan under title XXI of such Act
with respect to a drug that is subject to an agreement under
this section if the drug is subject to the payment of a
rebate to the State under section 1927 of such Act, as
applied pursuant to subsections (e)(1)(V) and (h) of section
2107 of such Act''; and
(B) in clause (ii), by inserting ``, including as applied
pursuant to subsections (e)(1)(V) and (h) of section 2107 of
such Act,'' after ``the requirements of section 1927(a)(5)(C)
of the Social Security Act''.
(4) Exclusion of rebates from best price conforming
amendment.--Section 1927(c)(1)(C)(i) of the Social Security
Act (42 U.S.C. 1396r-8(c)(1)(C)(i)) is amended--
(A) in subclause (V), by striking ``and'' at the end;
(B) in subclause (VI), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new subclause:
``(VII) any rebates paid pursuant to section
2107(e)(1)(V).''.
(d) State Option to Expand Children's Eligibility for
Chip.--
(1) In general.--Section 2110(b)(1)(B)(ii) of the Social
Security Act (42 U.S.C. 1397jj(b)(1)(B)(ii)) is amended--
(A) in subclause (II), by striking ``or'' at the end;
(B) in subclause (III), by striking ``and'' at the end and
inserting ``or''; and
(C) by inserting after subclause (III) the following new
subclause:
``(IV) at the option of the State, whose family income
exceeds the maximum income level otherwise established for
children under the State child health plan as of the date of
the enactment of this subclause; and''.
(2) Treatment of territories.--Section 2104(m)(7) of the
Social Security Act (42 U.S.C. 1397dd(m)(7)) is amended--
(A) in the matter preceding subparagraph (A), by striking
``the 50 States or the District of Columbia'' and inserting
``a State (including the District of Columbia and each
commonwealth and territory)'';
(B) in subparagraph (B)(ii), by striking ``or District'';
and
(C) in the matter following subparagraph (B), by striking
each place it occurs ``or District''
(3) Removal of sunset for increases in allotments.--Section
2104(m)(7)(A) of the Social Security Act (42 U.S.C.
1397dd(m)(7)(A)) is amended by striking ``and ending with
fiscal year 2027,''.
(e) Funding for Implementation and Administration.--In
addition to amounts otherwise available, there is
appropriated to the Secretary, for fiscal year 2022, to be
available until expended, out of any money in the Treasury
not otherwise appropriated, $5,000,000, to provide technical
assistance and guidance and cover administrative costs
associated with implementing the amendments made by this
section.
Subtitle H--Medicare Coverage of Hearing Services
SEC. 30901. PROVIDING COVERAGE FOR HEARING CARE UNDER THE
MEDICARE PROGRAM.
(a) Provision of Audiology Services by Qualified
Audiologists and Qualified Hearing Aid Professionals.--
(1) In general.--Section 1861(ll) of the Social Security
Act (42 U.S.C. 1395x(ll)) is amended--
(A) in paragraph (3)--
(i) by inserting ``(and, beginning January 1, 2023, such
aural rehabilitation and treatment services)'' after
``assessment services'';
(ii) by inserting ``, and, beginning on January 1, 2023,
such hearing assessment services furnished by a qualified
hearing aid professional,'' after ``by a qualified
audiologist''; and
(iii) by striking ``the audiologist'' and inserting ``the
audiologist or qualified hearing aid professional''; and
(B) in paragraph (4), by adding at the end the following
new subparagraph:
``(C) The term `qualified hearing aid professional' means,
with respect to hearing assessment services described in
paragraph (3), an individual who--
``(i) is licensed or registered as a hearing aid dispenser,
hearing aid specialist, hearing instrument dispenser, or
related professional by the State in which the individual
furnishes such services; and
``(ii) meets such other requirements as the Secretary
determines appropriate (including requirements relating to
educational certifications or accreditations), taking into
account any additional requirements for hearing aid
specialists, hearing aid dispensers, and hearing instrument
dispensers established by Medicare Advantage organizations
under part C, State plans (or waivers of such plans) under
title XIX, and the group health plans and health insurance
issuers (as such terms are defined in section 2791 of the
Public Health Service Act).''.
(2) Payment for qualified hearing aid professionals.--
Section 1833(a)(1) of the Social Security Act (42 U.S.C.
1395l(a)(1)), as amended by section 139101(b), is further
amended--
(A) by striking ``and'' before ``(EE)''; and
(B) by inserting before the semicolon at the end the
following: ``and (FF) with respect to hearing assessment
services (as described in paragraph (3) of section 1861(ll))
furnished by a qualified hearing aid professional (as defined
in paragraph (4)(C) of such section), the amounts paid shall
be equal to 80 percent of the lesser of the actual charge for
such services or 85 percent of the amount for such services
determined under the payment basis determined under section
1848''.
(b) Coverage of Hearing Aids.--
(1) Inclusion of hearing aids as prosthetic devices.--
Section 1861(s)(8) of the Social Security Act (42 U.S.C.
1395x(s)(8)) is amended by inserting ``, and including
hearing aids (as described in section 1834(h)(7)) furnished
on or after January 1, 2023, to individuals diagnosed with
moderately severe, severe, or profound hearing loss'' before
the semicolon at the end.
(2) Payment limitations for hearing aids.--Section 1834(h)
of the Social Security Act (42 U.S.C. 1395m(h)) is amended by
adding at the end the following new paragraphs:
``(6) Payment only on an assignment-related basis.--Payment
for hearing aids for which payment may be made under this
part may be made only on an assignment-related basis. The
provisions of section 1842(b)(18)(B) shall apply to hearing
aids in the same manner as they apply to services furnished
by a practitioner described in subsection (b)(18)(C).
``(7) Limitations for hearing aids.--Payment may be made
under this part with respect to an individual, with respect
to hearing aids furnished on or after January 1, 2023--
``(A) not more than once per ear during a 5-year period;
``(B) only for types of such hearing aids that are
determined appropriate by the Secretary; and
``(C) only if furnished pursuant to a written order of a
physician, qualified audiologist (as defined in section
1861(ll)(4)), qualified hearing aid professional (as so
defined), physician assistant, nurse practitioner, or
clinical nurse specialist.''.
(3) Application of competitive acquisition.--
(A) In general.--Section 1834(h)(1)(H) of the Social
Security Act (42 U.S.C. 1395m(h)(1)(H)) is amended--
(i) in the header, by inserting ``and hearing aids'' after
``orthotics'';
(ii) by inserting ``, or of hearing aids described in
paragraph (2)(D) of such section,'' after ``2011,''; and
(iii) in clause (i), by inserting ``or such hearing aids''
after ``such orthotics''.
(B) Conforming amendment.--
(i) In general.--Section 1847(a)(2) of the Social Security
Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at the end
the following new subparagraph:
``(D) Hearing aids.--Hearing aids described in section
1861(s)(8) for which payment would otherwise be made under
section 1834(h).''.
(ii) Exemption of certain items from competitive
acquisition.--Section 1847(a)(7) of the Social Security Act
(42 U.S.C. 1395w-3(a)(7)) is amended by adding at the end the
following new subparagraph:
``(C) Certain hearing aids.--Those items and services
described in paragraph (2)(D) if furnished by a physician or
other practitioner (as defined by the Secretary) to the
physician's or practitioner's own patients as part of the
physician's or practitioner's professional service.''.
(4) Inclusion of qualified audiologists and qualified
hearing aid professionals as
[[Page H6435]]
certain practitioners to receive payment on an assignment-
related basis.--Section 1842(b)(18)(C) of the Social Security
Act (42 U.S.C. 1395u(b)(18)(C)), is amended by adding at the
end the following new clauses:
``(vii) Beginning on January 1, 2023, a qualified
audiologist (as defined in section 1861(ll)(4)(B)).
``(viii) A qualified hearing aid professional (as defined
in section 1861(ll)(4)(C)).''.
(c) Exclusion Modification.--Section 1862(a)(7) of the
Social Security Act (42 U.S.C. 1395y(a)(7)) is amended by
inserting ``(except such hearing aids or examinations
therefor as described in and otherwise allowed under section
1861(s)(8))'' after ``hearing aids or examinations
therefor''.
(d) Inclusion as Excepted Medical Treatment.--Section
1821(b)(5)(A) of the Social Security Act (42 U.S.C. 1395i-
5(b)(5)(A)) is amended--
(1) in clause (i), by striking ``or'';
(2) in clause (ii), by striking the period and inserting
``, or''; and
(3) by adding at the end the following new clause:
``(iii) consisting of audiology services described in
subsection (ll)(3) of section 1861, or hearing aids described
in subsection (s)(8) of such section, that are payable under
part B as a result of the amendments made by An Act to
provide for reconciliation pursuant to title II of S. Con.
Res. 14.''.
(e) Rural Health Clinics and Federally Qualified Health
Centers.--
(1) Clarifying coverage of audiology services as
physicians' services.--Section 1861(aa)(1)(A) of the Social
Security Act (42 U.S.C. 1395x(aa)(1)(A)) is amended by
inserting ``(including audiology services (as defined in
subsection (ll)(3)))'' after ``physicians' services''.
(2) Inclusion of qualified audiologists and qualified
hearing aid professionals as rhc and fqhc practitioners.--
Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C.
1395x(aa)(1)(B)) is amended by inserting ``or by a qualified
audiologist or a qualified hearing aid professional (as such
terms are defined in subsection (ll)),'' after ``(as defined
in subsection (hh)(1)),''.
(3) Temporary payment rates for certain services under the
rhc air and fqhc pps.--
(A) AIR.--Section 1833 of the Social Security Act (42
U.S.C. 1395l) is amended--
(i) in subsection (a)(3)(A), by inserting ``(which shall,
in the case of audiology services (as defined in section
1861(ll)(3)), in lieu of any limits on reasonable charges
otherwise applicable, be based on the rates payable for such
services under the payment basis determined under section
1848 until such time as the Secretary determines sufficient
data has been collected to otherwise apply such limits (or
January 1, 2029, if no such determination has been made as of
such date))'' after ``may prescribe in regulations''; and
(ii) by adding at the end the following new subsection:
``(ee) Disregard of Costs Attributable to Certain Services
From Calculation of RHC AIR.--Payments for rural health
clinic services other than audiology services (as defined in
section 1861(ll)(3)) under the methodology for all-inclusive
rates (established by the Secretary) under subsection (a)(3)
shall not take into account the costs of such services while
rates for such services are based on rates payable for such
services under the payment basis established under section
1848.''.
(B) PPS.--Section 1834(o) of the Social Security Act (42
U.S.C. 1395m(o)) is amended by adding at the end the
following new paragraph:
``(5) Temporary payment rates based on pfs for certain
services.--The Secretary shall, in establishing payment rates
for audiology services (as defined in section 1861(ll)(3))
that are Federally qualified health center services under the
prospective payment system established under this subsection,
in lieu of the rates otherwise applicable under such system,
base such rates on rates payable for such services under the
payment basis established under section 1848 until such time
as the Secretary determines sufficient data has been
collected to otherwise establish rates for such services
under such system (or January 1, 2029, if no such
determination has been made as of such date). Payments for
Federally qualified health center services other than such
audiology services under such system shall not take into
account the costs of such services while rates for such
services are based on rates payable for such services under
the payment basis established under section 1848.''.
(f) Implementation.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Health
and Human Services for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $370,000,000, to
remain available until expended, for purposes of implementing
the amendments made by this section during the period
beginning on January 1, 2022, and ending on September 30,
2031.
(2) Program instruction.--The Secretary of Health and Human
Services shall implement the provisions of, and the
amendments made by, this section for 2022 and 2023 by program
instruction.
Subtitle I--Public Health
PART 1--HEALTH CARE INFRASTRUCTURE AND WORKFORCE
SECTION 31001. FUNDING TO SUPPORT CORE PUBLIC HEALTH
INFRASTRUCTURE FOR STATE, TERRITORIAL, LOCAL,
AND TRIBAL HEALTH DEPARTMENTS AT THE CENTERS
FOR DISEASE CONTROL AND PREVENTION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Health
and Human Services (in this subtitle referred to as the
``Secretary''), acting through the Director of the Centers
for Disease Control and Prevention (in this section referred
to as the ``Director''), for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, and to
remain available until expended--
(1) for the purposes of carrying out subsection (c)(1)(A)--
(A) $200,000,000 in fiscal year 2022;
(B) $300,000,000 in fiscal year 2023; and
(C) $1,000,000,000 in each of fiscal years 2024 through
2026;
(2) for the purposes of carrying out subsection (c)(1)(B)--
(A) $100,000,000 in fiscal year 2022;
(B) $150,000,000 in fiscal year 2023; and
(C) $500,000,000 in each of fiscal years 2024 through 2026;
and
(3) for the purposes of carrying out subsection (d)--
(A) $100,000,000 in fiscal year 2022;
(B) $150,000,000 in fiscal year 2023; and
(C) $500,000,000 in each of fiscal years 2024 through 2026.
(b) Use of Funds.--Amounts made available pursuant to
subsection (a) shall be used to support core public health
infrastructure activities to strengthen the public health
system of the United States, including by awarding grants
under this section and expanding and improving activities of
the Centers for Disease Control and Prevention under
subsections (c) and (d).
(c) Grants.--
(1) Awards.--For the purpose of addressing core public
health infrastructure needs, the Secretary shall award--
(A) a grant to each State or territorial health department,
and to local health departments that serve counties with a
population of at least 2,000,000 or cities with a population
of at least 400,000 people; and
(B) grants on a competitive basis to State, territorial,
local, or Tribal health departments.
(2) Required uses.--
(A) Reallocation to local health departments.--A State
health department receiving funds under subparagraph (A) or
(B) of paragraph (1) shall allocate at least 25 percent of
such funds to local health departments, as applicable, within
the State to support contributions of the local health
departments to core public health infrastructure.
(B) Progress in meeting accreditation standards.--A health
department receiving funds under this section that is not
accredited shall report to the Secretary on an annual basis
how the department is working to meet accreditation
standards.
(3) Formula grants to health departments.--In awarding
grants under paragraph (1), the Secretary shall award funds
to each health department in accordance with a formula which
considers population size, the Social Vulnerability Index of
the Centers for Disease Control and Prevention, and other
factors as determined by the Secretary.
(4) Competitive grants to state, territorial, local, and
tribal health departments.--In making grants under paragraph
(1)(B), the Secretary shall give priority to applicants
demonstrating core public health infrastructure needs for
public health agencies in the applicant's jurisdiction.
(5) Permitted uses.--
(A) In general.--The Secretary may make available a subset
of the funds available for grants under paragraph (1) for
purposes of awarding grants to State, territorial, local, and
Tribal health departments for planning or to support public
health accreditation.
(B) Uses.--Recipients of such grants may use the grant
funds to assess core public health infrastructure needs and
report to the Centers for Disease Control and Prevention on
efforts to achieve accreditation, as applicable.
(6) Requirements.--To be eligible for a grant under this
section, an entity shall--
(A) submit an application in such form and containing such
information as the Secretary shall require;
(B) demonstrate to the satisfaction of the Secretary that--
(i) funds received through the grant will be expended only
to supplement, and not supplant, non-Federal and Federal
funds otherwise available to the entity for the purpose of
addressing core public health infrastructure needs; and
(ii) with respect to activities for which the grant is
awarded, the entity will maintain expenditures of non-Federal
amounts for such activities at a level not less than the
level of such expenditures maintained by the entity for
fiscal year 2019; and
(C) agree to report annually to the Director regarding the
use of the grant funds.
(d) Core Public Health Infrastructure and Activities for
the CDC.--The Secretary, acting through the Director, shall
expand and improve the core public health infrastructure and
activities of the Centers for Disease Control and Prevention
to support activities necessary to address unmet, ongoing,
and emerging public health needs, including prevention,
preparation for, and response to public health emergencies.
(e) Definition.--In this section, the term ``core public
health infrastructure'' includes--
(1) health equity activities;
(2) workforce capacity and competency;
(3) all hazards public health and preparedness;
(4) testing capacity, including test platforms, mobile
testing units, and personnel;
(5) health information, health information systems, and
health information analysis (including data analytics);
(6) epidemiology and disease surveillance;
(7) contact tracing;
(8) policy and communications;
(9) financing;
(10) community partnership development; and
(11) relevant components of organizational capacity.
[[Page H6436]]
(f) Supplement Not Supplant.--Amounts made available by
this section shall be used to supplement, and not supplant,
amounts otherwise made available for the purposes described
in this Act.
SEC. 31002. FUNDING FOR HEALTH CENTER CAPITAL GRANTS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $2,000,000,000, to remain available until
expended, for necessary expenses for awarding grants and
entering into cooperative agreements for capital projects to
health centers funded under section 330 of the Public Health
Service Act (42 U.S.C. 254b) to be awarded without regard to
the time limitation in subsection (e)(3) and subsections
(e)(6)(A)(iii), (e)(6)(B)(iii), and (r)(2)(B) of such section
330, and for necessary expenses for awarding grants and
cooperative agreements for capital projects to Federally
qualified health centers, as described in section
1861(aa)(4)(B) of the Social Security Act (42 U.S.C.
1395x(aa)(4)(B)). The Secretary shall take such steps as may
be necessary to expedite the awarding of such grants to
Federally qualified health centers for capital projects.
(b) Use of Funds.--Amounts made available to a recipient of
a grant or cooperative agreement pursuant to subsection (a)
shall be used for--
(1) health center facility alteration, renovation,
remodeling, expansion, construction, and other capital
improvement costs, including the costs of amortizing the
principal of, and paying interest on, loans for such
purposes; and
(2) the purchase, renovation, or maintenance of mobile
clinics and related vehicles and equipment.
SEC. 31003. FUNDING FOR TEACHING HEALTH CENTER GRADUATE
MEDICAL EDUCATION.
(a) In General.--In addition to amounts otherwise
available, and notwithstanding the limitations referred to in
subsections (b)(2) and (d)(2) of section 340H of the Public
Health Service Act (42 U.S.C. 256h), there is appropriated to
the Secretary for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $3,370,000,000, to
remain available until expended, for--
(1) the program of payments to teaching health centers that
operate graduate medical education programs under such
section; and
(2) the award of teaching health center development grants
pursuant to section 749A of the Public Health Service Act (42
U.S.C. 293l-1).
(b) Exemption From Amount and Duration Limitations.--
Subsection (b) of section 749A of the Public Health Service
Act (42 U.S.C. 293l-1) shall not apply with respect to
amounts awarded under such section out of amounts
appropriated under subsection (a) or under section 2604 of
the American Rescue Plan Act (Public Law 117-2).
(c) Use of Funds.--Amounts made available pursuant to
subsection (a) shall be used for the following activities:
(1) For making payments to establish new approved graduate
medical residency training programs pursuant to section
340H(a)(1)(C) of the Public Health Service Act (42 U.S.C.
256h(a)(1)(C)).
(2) For making payments under section 340H(a)(1)(A) of the
Public Health Service Act (42 U.S.C. 256h(a)(1)(A))) to
qualified teaching health centers for maintenance of filled
positions at existing approved graduate medical residency
training programs.
(3) For making payments under section 340H(a)(1)(B) of the
Public Health Service Act (42 U.S.C. 256h(a)(1)(B)) for the
expansion of existing approved graduate medical residency
training programs.
(4) For making awards under section 749A of the Public
Health Service Act (42 U.S.C. 293l-1) to teaching health
centers for the purpose of establishing new accredited or
expanded primary care residency programs.
(5) To provide an increase to the per resident amount
described in section 340H(a)(2) of the Public Health Service
Act (42 U.S.C. 256h(a)(2)).
(d) Priority Uses of Funds.--In making payments and awards
under subsection (c), the Secretary shall, in addition to the
requirements of paragraphs (3)(A) and (3)(B) of section 340H
of the Public Health Service Act (42 U.S.C. 256h), make
payments and awards to eligible entities in a manner that
accounts for States or territories in which there is no
existing qualified teaching health center funded by payments
under such section 340H.
SEC. 31004. FUNDING FOR CHILDREN'S HOSPITALS THAT OPERATE
GRADUATE MEDICAL EDUCATION PROGRAMS.
In addition to amounts otherwise available, and
notwithstanding the caps on awards specified in paragraphs
(1) and (2) of subsection (b) and (h)(1) of section 340E of
the Public Health Service Act (42 U.S.C. 256e), there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$200,000,000, to remain available until expended, for
carrying out such section 340E of the Public Health Service
Act (42 U.S.C. 256e).
SEC. 31005. FUNDING FOR NATIONAL HEALTH SERVICE CORPS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$2,000,000,000, to remain available until expended, for
carrying out sections 338A, 338B, and 338I of the Public
Health Service Act (42 U.S.C. 254l, 254l-1, 254q-1).
SEC. 31006. FUNDING FOR THE NURSE CORPS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$500,000,000, to remain available until expended, for
carrying out section 846 of the Public Health Service Act (42
U.S.C. 297n).
SEC. 31007. FUNDING FOR SCHOOLS OF MEDICINE IN UNDERSERVED
AREAS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available until
expended, for purposes of making awards to eligible entities
for the establishment, improvement, or expansion of an
allopathic or osteopathic school of medicine, or a branch
campus of an allopathic or osteopathic school of medicine,
consistent with subsection (b).
(b) Use of Funds.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall, with priority given to minority-
serving institutions described in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)), and taking
into consideration equitable distribution of awards among the
geographical regions of the United States (which shall
include rural regions and populations as defined by the
Secretary for the purposes of this section) and the locations
of existing schools of medicine and osteopathic medicine, use
amounts appropriated by subsection (a) to award grants to
eligible entities to--
(1) recruit, enroll, and retain students, including
individuals who are from disadvantaged backgrounds (including
racial and ethnic groups underrepresented among medical
students and health professions), individuals from rural and
underserved areas, low-income individuals, and first
generation college students (as defined in section 402A(h)(3)
of the Higher Education Act of 1965 (20 U.S.C. 1070a-
11(h)(3))), at a school of medicine or osteopathic medicine
or branch campus of a school of medicine or osteopathic
medicine;
(2) develop, implement, and expand curriculum that
emphasizes care for rural and underserved populations,
including accessible and culturally appropriate and
linguistically appropriate care and services, at such school
or branch campus;
(3) plan and construct a school of medicine or osteopathic
medicine in an area in which no other such school or branch
campus of such a school is based;
(4) plan, develop, and meet criteria for accreditation for
a school of medicine or osteopathic medicine or branch campus
of such a school;
(5) hire faculty, including faculty from racial and ethnic
groups who are underrepresented among the medical and other
health professions, and other staff to serve at such a school
or branch campus;
(6) support educational programs at such a school or branch
campus, including modernizing curriculum;
(7) modernize and expand infrastructure at such a school or
branch campus; or
(8) support other activities that the Secretary determines
will further the establishment, improvement, or expansion of
a school of medicine or osteopathic medicine or branch campus
of a school of medicine or osteopathic medicine.
(c) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
institution of higher education as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001).
(2) Branch campus.--
(A) In general.--The term ``branch campus'', with respect
to a school of medicine or osteopathic medicine, means an
additional location of such school that is geographically
apart and independent of the main campus, at which the school
offers at least 50 percent of the program leading to a degree
of doctor of medicine or doctor of osteopathy that is offered
at the main campus.
(B) Independence from main campus.--For purposes of
subparagraph (A), the location of a school described in such
subparagraph shall be considered to be independent of the
main campus described in such subparagraph if the location--
(i) is permanent in nature;
(ii) offers courses in educational programs leading to a
degree, certificate, or other recognized educational
credential;
(iii) has its own faculty and administrative or supervisory
organization; and
(iv) has its own budgetary and hiring authority.
SEC. 31008. FUNDING FOR SCHOOLS OF NURSING IN UNDERSERVED
AREAS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available until
expended, for purposes of making awards to schools of nursing
(as defined in section 801 of the Public Health Service Act
(42 U.S.C. 296)) to enhance and modernize nursing education
programs and increase the number of faculty and students at
such schools.
(b) Use of Funds.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, taking into consideration equitable
distribution of awards among the geographical regions of the
United States and the capacity of a school of nursing to
provide care in underserved areas, shall use amounts
appropriated by subsection (a) to award grants for purposes
of--
(1) recruiting, enrolling, and retaining students at such
school, with a priority for students from disadvantaged
backgrounds (including racial or ethnic groups
underrepresented in the nursing workforce), individuals from
rural and underserved areas, low-income individuals, and
first generation college students (as defined in section
402A(h)(3) of the Higher Education Act of 1965 (20 U.S.C.
1070a-11(h)(3)));
(2) creating, supporting, or modernizing educational
programs and curricula at such school;
[[Page H6437]]
(3) retaining current faculty, and hiring new faculty, with
an emphasis on faculty from racial or ethnic groups that are
underrepresented in the nursing workforce;
(4) modernizing infrastructure at such school, including
audiovisual or other equipment, personal protective
equipment, simulation and augmented reality resources,
telehealth technologies, and virtual and physical
laboratories;
(5) partnering with a health care facility, nurse-managed
health clinic, community health center, or other facility
that provides health care, in order to provide educational
opportunities for the purpose of establishing or expanding
clinical education;
(6) enhancing and expanding nursing programs that prepare
nurse researchers and scientists;
(7) establishing nurse-led intradisciplinary and
interprofessional educational partnerships; or
(8) other activities that the Secretary determines will
further the development, improvement, and expansion of
schools of nursing.
SEC. 31009. FUNDING FOR PALLIATIVE CARE AND HOSPICE EDUCATION
AND TRAINING.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $25,000,000, to remain available until
expended, to support the establishment or operation of
programs that--
(1) support training of health professionals in palliative
and hospice care (including through traineeships or
fellowships); and
(2) foster patient and family engagement, integration of
palliative and hospice care with primary care and other
appropriate specialties, and collaboration with community
partners to address gaps in health care for individuals in
need of palliative or hospice care.
(b) Use of Funds.--The Secretary shall, giving priority to
applicants proposing to carry out programs or activities that
demonstrate coordination with other Federal or State programs
and are expected to substantially benefit rural populations,
medically underserved populations, medically underserved
communities, Indian Tribes or Tribal organizations, or Urban
Indian organizations, use amounts appropriated by subsection
(a) to carry out a program to award grants or contracts to
entities defined in paragraph (1), (3), or (4) of section
799B of the Public Health Service Act (42 U.S.C. 295p) or
section 801(2) of such Act (42 U.S.C. 296) for purposes of
carrying out the following activities:
(1) Clinical training on providing integrated palliative
and hospice care and primary care delivery services.
(2) Interprofessional or interdisciplinary training to
practitioners from multiple disciplines and specialties,
including training on the provision of care to individuals
with palliative or hospice care needs.
(3) Establishing or maintaining training-related community-
based programs for individuals with palliative or hospice
care needs and caregivers to improve quality of life, and
where appropriate, health outcomes for individuals who have
palliative or hospice care needs.
SEC. 31010. FUNDING FOR PALLIATIVE MEDICINE PHYSICIAN
TRAINING.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $20,000,000, to remain available until
expended, to carry out a program to award grants and
contracts to accredited schools of medicine, schools of
osteopathic medicine, teaching hospitals, and graduate
medical education programs for the purpose of providing
support for projects that fund the training of physicians or
specialists who plan to teach or practice palliative
medicine.
(b) Use of Funds.--Amounts made available to an awardee
pursuant to subsection (a) shall be used to--
(1) provide training in interprofessional or
interdisciplinary team-based palliative medicine through a
variety of service rotations, such as rotations with respect
to consultation services or acute and chronic care services,
and rotations in other health care settings, including
extended care facilities, ambulatory care and comprehensive
evaluation units, hospices, home care, and community care
programs;
(2) develop specific performance-based measures to evaluate
the competency of trainees; and
(3) provide training in interprofessional or
interdisciplinary, team-based palliative medicine.
(c) Graduate Medical Education Program Defined.--In this
section, the term ``graduate medical education program''
means a program sponsored by an accredited school of
medicine, an accredited school of osteopathic medicine, a
hospital, or a public or private institution that--
(1) offers postgraduate medical training in the specialties
and subspecialties of medicine; and
(2) has been accredited by--
(A) the Accreditation Council for Graduate Medical
Education; or
(B) the American Osteopathic Association through its
Committee on Postdoctoral Training (or a successor
committee).
SEC. 31011. FUNDING FOR PALLIATIVE CARE AND HOSPICE ACADEMIC
CAREER AWARDS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until expended, to establish
a program, consistent with section 753(b) of the Public
Health Service Act (42 U.S.C. 294c(b)), including paragraphs
(5)(A) and (5)(B) of such section 753(b) concerning the
amount and duration of awards, respectively, except that such
program shall be to provide awards to accredited schools of
medicine, osteopathic medicine, nursing, social work,
psychology, allied health, dentistry, or chaplaincy applying
on behalf of board-certified or board-eligible individuals in
hospice and palliative medicine that have an early-career
junior (non-tenured) faculty appointment at an accredited
school of medicine, or osteopathic medicine, nursing, social
work, psychology, allied health, dentistry, or chaplaincy, to
promote the academic career development of individuals as
hospice and palliative care specialists.
SEC. 31012. FUNDING FOR HOSPICE AND PALLIATIVE NURSING.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $20,000,000, to remain available until
expended, to establish a program to award grants and
contracts to accredited schools of nursing, health care
facilities, programs leading to certification as a certified
nurse assistant, partnerships of such schools and facilities,
or partnerships of such programs and facilities to develop
and implement, in coordination with other hospice and
palliative care programs administered by the Department of
Health and Human Services, programs and initiatives to train
and educate individuals in providing interprofessional,
interdisciplinary, team-based palliative care in health-
related educational, hospital, hospice, home, or long-term
care settings.
(b) Use of Funds.--Amounts made available to an awardee
pursuant to subsection (a) shall be used to--
(1) provide training to individuals who will provide
palliative care in health-related educational, hospital,
home, hospice, or long-term care settings;
(2) develop and disseminate curricula relating to
palliative care in health-related educational, hospital,
home, hospice, or long-term care settings;
(3) train faculty members in palliative care in health-
related educational, hospital, home, hospice, or long-term
care settings; and
(4) provide continuing education to individuals who provide
palliative care in health-related educational, home, hospice,
or long-term care settings.
SEC. 31013. FUNDING FOR DISSEMINATION OF PALLIATIVE CARE
INFORMATION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000, to remain available until expended,
for the purpose described in subsection (b).
(b) Use of Funds.--The Secretary, after consultation with
appropriate medical and other health professional societies
and palliative care and hospice stakeholders, shall use
amounts appropriated by subsection (a) to award grants or
contracts to public and nonprofit private entities to
disseminate information to inform patients, families,
caregivers, direct care workers, and health professionals
about the benefits of palliative care throughout the
continuum of care for patients with serious or life-
threatening illness. Such awareness campaign shall include--
(1) information, resources, communication, and education
materials about palliative care for patients and families
facing serious or life-threatening illnesses;
(2) information regarding hospice and palliative care
services, including information on how such services may--
(A) incorporate age-friendly, patient-centered, and family-
centered support throughout the continuum of care for serious
and life-threatening illness;
(B) anticipate, prevent, and treat pain;
(C) optimize quality of life; and
(D) facilitate and support the goals and values of patients
and families;
(3) materials that explain the role of professionals
trained in hospice and palliative care in providing team-
based care for patients and families throughout the continuum
of care for serious or life-threatening illness; and
(4) materials for specific populations, including patients
with serious or life-threatening illness who are among
medically underserved populations (as defined in section
330(b)(3) of the Public Health Service Act (42 U.S.C.
254b(b)(3)) and families of such patients or health
professionals serving medically underserved populations.
PART 2--PANDEMIC PREPAREDNESS
SEC. 31021. FUNDING FOR LABORATORY ACTIVITIES AT THE CENTERS
FOR DISEASE CONTROL AND PREVENTION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,400,000,000 to remain available until
expended, for purposes of carrying out activities consistent
with subsection (b).
(b) Use of Funds.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall use amounts made available pursuant to subsection (a)
for the following activities:
(1) Supporting renovation, improvement, expansion, and
modernization of State and local public health laboratory
infrastructure (as the term ``laboratory'' is defined in
section 353 of the Public Health Service Act (42 U.S.C.
263a)), including--
(A) the improvement and enhancement of testing and response
capacity;
(B) improvements and expansion of the Laboratory Response
Network for rapid outbreak detection;
(C) the improvement and expansion of genomic sequencing
capabilities to detect emerging diseases and variant strains;
and
(D) the improvement and expansion of biosafety and
biosecurity capacity.
[[Page H6438]]
(2) Enhancing the capacity of the laboratories of the
Centers for Disease Control and Prevention as described in
subparagraphs (A) through (D) of paragraph (1).
(3) Enhancing the ability of the Centers for Disease
Control and Prevention to monitor and exercise oversight over
the biosafety and biosecurity of State and local public
health laboratories.
SEC. 31022. FUNDING FOR PUBLIC HEALTH AND PREPAREDNESS
RESEARCH, DEVELOPMENT, AND COUNTERMEASURE
CAPACITY.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,300,000,000, to carry out activities to
prepare for, and respond to, public health emergencies
declared under section 319 of the Public Health Service Act
(42 U.S.C. 247d), as described in subsection (b), to remain
available until expended.
(b) Use of Funds.--The Secretary, acting through the
Assistant Secretary for Preparedness and Response, shall use
amounts made available pursuant to subsection (a)--
(1) to support surge capacity, including through
construction, expansion, or modernization of facilities, to
respond to a public health emergency, and for development,
procurement, and domestic manufacture of drugs, active
pharmaceutical ingredients, vaccines and other biological
products, diagnostic technologies and products, medical
devices (including personal protective equipment), vials,
syringes, needles, and other components or supplies for the
Strategic National Stockpile under section 319F-2 of the
Public Health Service Act (42 U.S.C. 247d-6b);
(2) to support expanded global and domestic vaccine
production capacity and capabilities, including by developing
or acquiring new technology and expanding manufacturing
capacity through construction, expansion, or modernization of
facilities;
(3) to support activities to mitigate supply chain risks
and enhance supply chain elasticity and resilience for
critical drugs, active pharmaceutical ingredients, and
supplies (including essential medicines, medical
countermeasures, and supplies in shortage or at risk of
shortage), drug and vaccine raw materials, and other
supplies, as the Secretary determines appropriate, including
construction, expansion, or modernization of facilities,
adoption of advanced manufacturing processes, and other
activities to support domestic manufacturing of such
supplies;
(4) to support activities conducted by the Biomedical
Advanced Research and Development Authority for advanced
research, standards development, and domestic manufacturing
capacity for drugs, including essential medicines,
diagnostics, vaccines, therapeutics, and personal protective
equipment; and
(5) to support increased biosafety and biosecurity in
research on infectious diseases, including by modernization
or improvement of facilities.
SEC. 31023. FUNDING FOR INFRASTRUCTURE MODERNIZATION AND
INNOVATION AT THE FOOD AND DRUG ADMINISTRATION.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to
remain available until expended, with respect to improving
and modernizing infrastructure at the Food and Drug
Administration and enhancing food and medical product
safety--
(1) $150,000,000 for improving technological
infrastructure, including through developing integrated
systems and improving the interoperability of information
technology systems; and
(2) $150,000,000 for modernizing laboratory infrastructure
of, or used by, the Food and Drug Administration, including
modernization of facilities related to, and supporting, such
laboratory infrastructure, including through planning for,
and the construction, repair, improvement, extension,
alteration, demolition, and purchase of, fixed equipment or
facilities.
PART 3--MATERNAL MORTALITY
SEC. 31031. FUNDING FOR LOCAL ENTITIES ADDRESSING SOCIAL
DETERMINANTS OF MATERNAL HEALTH.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
expended, for carrying out a program to award grants or
contracts to community-based organizations, Indian Tribes and
Tribal organizations, Urban Indian organizations, Native
Hawaiian organizations, or other nonprofit organizations
working with a community-based organization, or consortia of
any such entities, operating in areas with high rates of
adverse maternal health outcomes or with significant racial
or ethnic disparities in maternal health outcomes.
(b) Use of Funding.--Amounts made available by subsection
(a) shall be used for the following activities:
(1) Addressing social determinants of health (as described
in Healthy People 2030), including social determinants of
maternal health, for pregnant and postpartum individuals and
eliminating racial and ethnic disparities in maternal health
outcomes by--
(A) hiring, training, or retaining staff;
(B) developing or distributing culturally and
linguistically appropriate resources for social services
programs;
(C) offering programs and resources to address social
determinants of health;
(D) conducting demonstration projects to address social
determinants of health;
(E) establishing a culturally and linguistically
appropriate resource center that provides multiple social
services programs in a single location; and
(F) consulting with pregnant and postpartum individuals to
conduct an assessment of the activities conducted under this
section.
(2) Promoting evidence-based health literacy and pregnancy,
childbirth, and parenting education for pregnant and
postpartum individuals, and individuals seeking to become
pregnant.
(3) Providing support from perinatal health workers,
including clinical and community-based staff members that
provide direct care and support services to pregnant and
postpartum individuals.
(4) Providing culturally congruent, linguistically
appropriate, and trauma-informed training to perinatal health
workers, including clinical and community-based staff members
that provide direct care and support services to pregnant and
postpartum individuals.
(c) Technical Assistance.--Using amounts made available
under subsection (a), the Secretary shall--
(1) conduct outreach to eligible entities to apply for
grants or contracts under subsection (a); and
(2) provide technical assistance, including through a grant
or contract, to eligible entities receiving funding pursuant
to subsection (a).
SEC. 31032. FUNDING FOR THE OFFICE OF MINORITY HEALTH.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $75,000,000, to remain available until
expended, for carrying out a program to award grants or
contracts to community-based organizations operating in areas
with high rates of adverse maternal health outcomes or with
significant racial or ethnic disparities in maternal health
outcomes.
(b) Use of Funds.--The Secretary, acting through the Deputy
Assistant Secretary for Minority Health, shall use amounts
made available under subsection (a) to award grants for the
following activities:
(1) Addressing social determinants of health, including
social determinants of maternal health, for pregnant and
postpartum individuals and eliminating racial and ethnic
disparities in maternal health outcomes by--
(A) hiring, training, or retaining staff;
(B) developing or distributing culturally and
linguistically appropriate resources for social services
programs;
(C) offering programs and resources to address social
determinants of health;
(D) conducting demonstration projects to address social
determinants of health;
(E) establishing a culturally and linguistically
appropriate resource center that provides multiple social
services programs in a single location; and
(F) consulting with pregnant and postpartum individuals to
conduct an assessment of the activities conducted under this
section.
(2) Promoting evidence-based health literacy and pregnancy,
childbirth, and parenting education for pregnant and
postpartum individuals, and individuals seeking to become
pregnant.
(3) Providing support from perinatal health workers,
including clinical and community-based staff members that
provide direct care and support services to pregnant and
postpartum individuals.
(4) Providing culturally congruent, linguistically
appropriate, and trauma-informed training to perinatal health
workers, including clinical and community-based staff members
that provide direct care and support services to pregnant and
postpartum individuals.
(c) Technical Assistance.--Using amounts made available
under subsection (a), the Secretary shall--
(1) conduct outreach to eligible entities to apply for
grants or contracts under subsection (a); and
(2) provide technical assistance, including through a grant
or contract, to eligible entities receiving funding pursuant
to subsection (a).
SEC. 31033. FUNDING TO GROW AND DIVERSIFY THE NURSING
WORKFORCE IN MATERNAL AND PERINATAL HEALTH.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $170,000,000, to remain available until
expended, for carrying out a program to award grants or
contracts to accredited schools of nursing for the purpose of
growing and diversifying the perinatal nursing workforce,
including through improving the capacity and supply of health
care providers.
(b) Uses of Funds.--
(1) Awardees.--Prioritizing students and registered nurses
who plan to practice or currently practice in a health
professional shortage area designated under section 332 of
the Public Health Service Act (42 U.S.C. 254e), amounts made
available to awardees by subsection (a) shall be used for the
following activities:
(A) Providing scholarships to students, including those
from racial and ethnic groups underrepresented in the health
professions, seeking to become nurse practitioners whose
education includes a focus on maternal and perinatal health.
(B) Providing scholarships to students seeking to become
clinical nurse specialists whose education includes a focus
on maternal and perinatal health.
(C) Providing scholarships to students seeking to become
certified nurse midwives.
(D) Providing scholarships to registered nurses seeking
certification as an obstetrics and gynecology registered
nurse.
(2) Secretary.--The Secretary shall use amounts made
available pursuant to subsection (a) for the following
activities:
(A) Developing and implementing strategies to recruit and
retain a diverse pool of students seeking to enter careers
focused on maternal and perinatal health.
[[Page H6439]]
(B) Developing partnerships with practice settings in a
health professional shortage area designated under such
section for the clinical placements of students at the
schools receiving such grants.
(C) Developing curriculum for students seeking to enter
careers focused on maternal and perinatal health that
includes training programs on bias, racism, discrimination,
providing culturally competent care, or trauma-informed care.
(D) Carrying out other activities under title VIII of the
Public Health Service Act for the purpose under subsection
(a).
SEC. 31034. FUNDING FOR PERINATAL QUALITY COLLABORATIVES.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until expended, for carrying
out a program to establish or support perinatal quality
collaboratives to improve perinatal care and perinatal health
outcomes for pregnant and postpartum individuals and their
infants.
SEC. 31035. FUNDING TO GROW AND DIVERSIFY THE DOULA
WORKFORCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until
expended, for carrying out a program to award grants or
contracts to health professions schools, academic health
centers, State or local governments, territories, Indian
Tribes and Tribal organizations, Urban Indian organizations,
Native Hawaiian organizations, or other appropriate public or
private nonprofit entities (or consortia of any such
entities, including entities promoting multidisciplinary
approaches), to establish or expand programs to grow and
diversify the doula workforce, including through improving
the capacity and supply of health care providers.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Establishing programs that provide education and
training to individuals seeking appropriate training or
certification as doulas.
(2) Expanding the capacity of existing programs described
in paragraph (1), for the purpose of increasing the number of
students enrolled in such programs, including by awarding
scholarships for students who agree to work in underserved
communities after receiving such education and training.
(3) Developing and implementing strategies to recruit and
retain students from underserved communities, particularly
from demographic groups experiencing high rates of maternal
mortality and severe maternal morbidity, including racial and
ethnic minority groups, into programs described in paragraphs
(1) and (2).
SEC. 31036. FUNDING TO GROW AND DIVERSIFY THE MATERNAL MENTAL
HEALTH AND SUBSTANCE USE DISORDER TREATMENT
WORKFORCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $75,000,000, to remain available until
expended, for carrying out a program to award grants or
contracts to health professions schools, academic health
centers, State or local governments, territories, Indian
Tribes and Tribal organizations, Urban Indian organizations,
Native Hawaiian organizations, or other appropriate public or
private nonprofit entities (or consortia of any such
entities, including entities promoting multidisciplinary
approaches), to establish or expand programs to grow and
diversify the maternal mental health and substance use
disorder treatment workforce, including through improving the
capacity and supply of health care providers.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Establishing programs that provide education and
training to individuals seeking appropriate licensing or
certification as mental health or substance use disorder
treatment providers who plan to specialize in maternal mental
health conditions or substance use disorders.
(2) Expanding the capacity of existing programs described
in paragraph (1), for the purposes of increasing the number
of students enrolled in such programs, including by awarding
scholarships for students.
(3) Developing and implementing strategies to recruit and
retain students from underserved communities into programs
described in paragraphs (1) and (2).
SEC. 31037. FUNDING FOR MATERNAL MENTAL HEALTH EQUITY GRANT
PROGRAMS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
expended, for carrying out a program to award grants or
contracts to community-based organizations, Indian Tribes and
Tribal organizations, Urban Indian organizations, Native
Hawaiian organizations, health care providers, accredited
medical schools, accredited schools of nursing, teaching
hospitals, accredited midwifery programs, physician assistant
education programs, residency or fellowship programs, or
other nonprofit organizations, schools, or programs
determined appropriate by the Secretary, or consortia of any
such entities, to address maternal mental health conditions
and substance use disorders with respect to pregnant,
lactating, and postpartum individuals in areas with high
rates of adverse maternal health outcomes or with significant
racial or ethnic disparities in maternal health outcomes.
(b) Use of Funds.--Amounts made available pursuant to
subsection (a), prioritizing community-based organizations,
shall be for the following activities:
(1) Establishing or expanding maternity care programs to
improve--
(A) the integration of mental health and substance use
disorder treatment services into primary care settings where
pregnant individuals regularly receive health care services;
and
(B) the coordination between such primary care settings and
mental health and substance use disorder professionals who
treat maternal mental health conditions and substance use
disorders.
(2) Establishing or expanding programs that improve
maternal mental health and substance use disorder treatment
from the preconception through the postpartum periods, with a
focus on individuals from racial and ethnic minority groups
with high rates of maternal mortality and morbidity.
(3) Establishing or expanding programs to prevent suicide
or self-harm among pregnant, lactating, and postpartum
individuals.
(4) Establishing or expanding programs to provide education
and training to maternity care providers, with respect to
identifying potential warning signs for maternal mental
health conditions or substance use disorders in pregnant,
lactating, and postpartum individuals, with a focus on
individuals from racial and ethnic minority groups and
offering referrals to mental health substance use disorder
treatment professionals.
(5) Raising awareness of, and addressing stigma associated
with, maternal mental health conditions and substance use
disorders, with a focus on pregnant, lactating, and
postpartum individuals from racial and ethnic minority
groups.
(6) Carrying out other evidence-based or evidence-informed
programs to address maternal mental health conditions and
substance use disorders for pregnant and postpartum
individuals from racial and ethnic minority groups.
SEC. 31038. FUNDING FOR EDUCATION AND TRAINING AT HEALTH
PROFESSIONS SCHOOLS TO IDENTIFY AND ADDRESS
HEALTH RISKS ASSOCIATED WITH CLIMATE CHANGE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $85,000,000, to remain available until
expended, for carrying out a program to award grants or
contracts to accredited medical schools, accredited schools
of nursing, teaching hospitals, accredited midwifery
programs, physician assistant education programs, residency
or fellowship programs, or other schools or programs
determined appropriate by the Secretary, or consortia of any
such entities, to support the development and integration of
education and training programs for identifying and
addressing health risks associated with climate change for
pregnant, lactating, and postpartum individuals.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for developing, integrating, and implementing
curriculum and continuing education that focuses on the
following:
(1) Identifying health risks associated with climate change
for pregnant, lactating, and postpartum individuals and
individuals with the intent to become pregnant.
(2) How health risks associated with climate change affect
pregnant, lactating, and postpartum individuals and
individuals with the intent to become pregnant.
(3) Racial and ethnic disparities in exposure to, and the
effects of, health risks associated with climate change for
pregnant, lactating, and postpartum individuals and
individuals with the intent to become pregnant.
(4) Patient counseling and mitigation strategies relating
to health risks associated with climate change for pregnant,
lactating, and postpartum individuals.
(5) Relevant services and support for pregnant, lactating,
and postpartum individuals relating to health risks
associated with climate change and strategies for ensuring
such individuals have access to such services and support.
(6) Implicit and explicit bias, racism, and discrimination
in providing care to pregnant, lactating, and postpartum
individuals and individuals with the intent to become
pregnant.
SEC. 31039. FUNDING FOR MINORITY-SERVING INSTITUTIONS TO
STUDY MATERNAL MORTALITY, SEVERE MATERNAL
MORBIDITY, AND ADVERSE MATERNAL HEALTH
OUTCOMES.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until expended
for carrying out a program to award grants or contracts to
minority-serving institutions described in section 371 of the
Higher Education Act of 1965 (20 U.S.C. 1067q) to study
maternal mortality, severe maternal morbidity, and maternal
health outcomes.
(b) Use of Funds.--Amounts made available to an awardee
under subsection (a) shall be used for the purpose specified
in such subsection, including the following activities:
(1) Developing and implementing systematic processes of
listening to the stories of pregnant and postpartum
individuals from racial and ethnic minority groups, and
perinatal health workers supporting such individuals, to
fully understand the causes of, and inform potential
solutions to, the maternal mortality and severe maternal
morbidity crisis within their respective communities.
(2) Assessing the potential causes of relatively low rates
of maternal mortality among Hispanic individuals and foreign-
born Black women.
(3) Assessing differences in rates of adverse maternal
health outcomes among subgroups identifying as Hispanic.
[[Page H6440]]
(4) Conducting research on maternal morbidity and
mortality, with a focus on health disparities.
(c) Technical Assistance.--Using amounts made available by
subsection (a), the Secretary shall conduct outreach to
minority-serving institutions (as described in section 371 of
the Higher Education Act of 1965 (20 U.S.C. 1067q))--
(1) to inform and raise awareness of the availability
funding through a grant or contract awarded pursuant to this
section;
(2) to provide technical assistance, including through a
grant or contract, on the application process for grants or
contracts awarded pursuant to subsection (a); and
(3) to promote capacity building to eligible entities for
grant applications pursuant to subsection (a).
SEC. 31040. FUNDING FOR IDENTIFICATION OF MATERNITY CARE
HEALTH PROFESSIONAL TARGET AREAS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$25,000,000, to remain available until expended, for carrying
out section 332(k) of the Public Health Service Act (42
U.S.C. 254e(k)).
SEC. 31041. FUNDING FOR MATERNAL MORTALITY REVIEW COMMITTEES
TO PROMOTE REPRESENTATIVE COMMUNITY ENGAGEMENT.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until expended, for carrying
out section 317K(d) of the Public Health Service Act (42
U.S.C. 247b-12(d)) to promote community engagement in
maternal mortality review committees to increase the
diversity of a committee's membership with respect to race
and ethnicity, location, and professional background.
SEC. 31042. FUNDING FOR THE SURVEILLANCE FOR EMERGING THREATS
TO MOTHERS AND BABIES.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
expended, for carrying out section 317C of the Public Health
Service Act (42 U.S.C. 247b-4) with respect to conducting
surveillance for emerging threats to mothers and babies.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Expanding the Surveillance for Emerging Threats to
Mothers and Babies activities of the Centers for Disease
Control and Prevention.
(2) Working with public health, clinical, and community-
based organizations to provide timely, continually updated,
evidence-based guidance to families and health care providers
on ways to reduce risk to pregnant and postpartum individuals
and their newborns and tailor interventions to improve their
long-term health.
(3) Partnering with more State, Tribal, territorial, and
local public health programs in the collection and analysis
of clinical data on the impact of COVID-19 on pregnant and
postpartum patients and their newborns, particularly among
patients from racial and ethnic minority groups.
(4) Establishing regionally based centers of excellence to
offer medical, public health, and other knowledge (in
coordination with State and Tribal public health authorities)
to ensure that communities, especially communities with large
populations of individuals from racial and ethnic minority
groups, can help pregnant and postpartum individuals and
newborns get the care and support they need.
SEC. 31043. FUNDING FOR ENHANCING REVIEWS AND SURVEILLANCE TO
ELIMINATE MATERNAL MORTALITY PROGRAM.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $30,000,000, to remain available until
expended, for carrying out the Enhancing Reviews and
Surveillance to Eliminate Maternal Mortality program
established under section 317K of the Public Health Service
Act (42 U.S.C. 247b-12).
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Expanding the Enhancing Reviews and Surveillance to
Eliminate Maternal Mortality program (commonly known as the
``ERASE MM program'') of the Centers for Disease Control and
Prevention.
(2) Expanding partnerships with States, territories, Indian
Tribes, and Tribal organizations to support Maternal
Mortality Review Committees.
(3) Providing technical assistance to existing maternal
mortality review committees.
SEC. 31044. FUNDING FOR THE PREGNANCY RISK ASSESSMENT
MONITORING SYSTEM.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $15,000,000, to remain available until
expended, for carrying out section 317K of the Public Health
Service Act (42 U.S.C. 247b-12) with respect to the Pregnancy
Risk Assessment Monitoring System.
(b) Use of Funds.--Amounts made available by subsection (a)
shall be used for the following activities:
(1) Supporting COVID-19 supplements to the Pregnancy Risk
Assessment Monitoring System questionnaire.
(2) Conducting a rapid assessment of COVID-19 awareness,
impact on care and experiences, and use of preventive
measures among pregnant, laboring and birthing, and
postpartum individuals.
(3) Supporting the transition of the questionnaire
described in paragraph (1) to an electronic platform and
expanding the distribution of the questionnaire to a larger
population, with a special focus on reaching underrepresented
communities.
SEC. 31045. FUNDING FOR THE NATIONAL INSTITUTE OF CHILD
HEALTH AND HUMAN DEVELOPMENT.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available until expended, for carrying
out section 301 of the Public Health Service Act (42 U.S.C.
241), with respect to child health and human development and
activities of the Eunice Kennedy Shriver National Institute
of Child Health and Human Development described in section
448 of the Public Health Service Act (42 U.S.C. 285g), to
conduct or support research for interventions to mitigate the
effects of COVID-19 on pregnant, lactating, and postpartum
individuals, with a particular focus on individuals from
racial and ethnic minority groups.
SEC. 31046. FUNDING FOR EXPANDING THE USE OF TECHNOLOGY-
ENABLED COLLABORATIVE LEARNING AND CAPACITY
BUILDING MODELS FOR PREGNANT AND POSTPARTUM
INDIVIDUALS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $30,000,000, to remain available until
expended, for carrying out a program to award grants or
contracts to community-based organizations, Indian Tribes and
Tribal organizations, Urban Indian organizations, health care
providers, accredited medical schools, accredited schools of
nursing, teaching hospitals, accredited midwifery programs,
physician assistant education programs, residency or
fellowship programs, or other schools or programs determined
appropriate by the Secretary, or consortia of any such
entities, that are operating in health professional shortage
areas designated under section 332 of the Public Health
Service Act (42 U.S.C. 254e) with high rates of adverse
maternal health outcomes or significant racial and ethnic
disparities in maternal health outcomes, to evaluate,
develop, and expand the use of technology-enabled
collaborative learning and capacity building models (as
defined in section 330N of the Public Health Service Act (42
U.S.C. 254c-20)).
(b) Use of Funds.--
(1) Awardees.--A recipient of a grant or contract awarded
pursuant to subsection (a) shall use such amounts to--
(A) train maternal health care providers, students, staff
of community-based organizations, and other entities
described in subsection (a) through the use and expansion of
technology-enabled collaborative learning and capacity
building models, including hardware and software that--
(i) enables distance learning and technical support; and
(ii) supports the secure exchange of electronic health
information; and
(B) conduct evaluations on the use of technology-enabled
collaborative learning and capacity building models to
improve maternal health outcomes.
(2) Secretary.--The Secretary shall use amounts made
available pursuant to subsection (a) to provide technical
assistance to recipients of grants awarded pursuant to
subsection (a) on the development, use, and sustainability of
technology-enabled collaborative learning and capacity
building models to expand access to maternal health services
provided by such entities.
SEC. 31047. FUNDING FOR PROMOTING EQUITY IN MATERNAL HEALTH
OUTCOMES THROUGH DIGITAL TOOLS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $30,000,000, to remain available until
expended, for carrying out a program to award grants or
contracts to community-based organizations, Indian Tribes and
Tribal organizations, Urban Indian organizations, health care
providers, accredited medical schools, accredited schools of
nursing, teaching hospitals, accredited midwifery programs,
physician assistant education programs, residency or
fellowship programs, or other schools or programs determined
appropriate by the Secretary, or consortia of any such
entities, that are operating in health professional shortage
areas designated under section 332 of the Public Health
Service Act (42 U.S.C. 254e) with high rates of adverse
maternal health outcomes or significant racial and ethnic
disparities in maternal health outcomes to reduce racial and
ethnic disparities in maternal health outcomes by increasing
access to digital tools related to maternal health care.
(b) Use of Funds.--Amounts made available to an awardee
pursuant to subsection (a) shall be used for the purpose
specified in such subsection, including for increasing access
to telehealth technologies (as defined in section 330I of the
Public Health Service Act (42 U.S.C. 254c-14)) and digital
tools that could improve maternal health outcomes, such as
wearable technologies, patient portals, telehealth services,
and web-based and mobile phone applications, digital health
services, secure text messaging, online provider communities,
mobile clinical decision support services, and clinical tools
to increase diagnostic accuracy.
(c) Technical Assistance.--Using amounts made available
under subsection (a), the Secretary shall provide technical
assistance, including through a grant or contract, to
eligible entities receiving funding pursuant to subsection
(a) on the development, use, evaluation, and post-grant
sustainability of digital tools designed to promote equity
and reduce disparities in maternal health outcomes.
[[Page H6441]]
SEC. 31048. FUNDING FOR ANTIDISCRIMINATION AND BIAS TRAINING.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until
expended, for the purpose described in subsection (b).
(b) Use of Funds.--The Secretary shall, with a focus on
maternal health providers, use amounts appropriated under
subsection (a) to carry out a program to award competitive
grants or contracts to national nonprofit organizations
focused on improving health equity, accredited schools of
medicine or nursing, and other health professional training
programs to develop, disseminate, review, research, and
evaluate training for health professionals and all staff who
interact with patients to reduce discrimination and bias in
the provision of health care, with a focus on maternal health
care.
PART 4--OTHER PUBLIC HEALTH INVESTMENTS
SEC. 31051. FUNDING FOR MENTAL HEALTH AND SUBSTANCE USE
DISORDER PROFESSIONALS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until expended, for purposes
of carrying out section 597 of the Public Health Service Act
(42 U.S.C. 290ll).
SEC. 31052. FUNDING TO SUPPORT PEER RECOVERY SPECIALISTS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$25,000,000, to remain available until expended, to carry out
section 509 of the Public Health Service Act (42 U.S.C.
290bb-2) with respect to strengthening recovery community
organizations and their statewide network of recovery
stakeholders.
SEC. 31053. FUNDING FOR PROJECT AWARE.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available until expended, for carrying
out section 520A of the Public Health Service Act (42 U.S.C.
290bb-32) with respect to advancing wellness and resiliency
in education.
SEC. 31054. FUNDING FOR THE NATIONAL SUICIDE PREVENTION
LIFELINE.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$75,000,000, to remain available until expended, for
advancing infrastructure for the National Suicide Prevention
Lifeline program under section 520E-3 of the Public Health
Service Act (42 U.S.C. 290bb-36c) in order to expand existing
capabilities for response in a manner that avoids duplicating
existing capabilities for text-based crisis support.
SEC. 31055. FUNDING FOR COMMUNITY VIOLENCE AND TRAUMA
INTERVENTIONS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary, for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated $2,500,000,000, to remain available until
expended, for the purposes described in subsection (b):
(b) Use of Funding.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
and in consultation with the Assistant Secretary for Mental
Health and Substance Use, the Administrator of the Health
Resources and Services Administration, the Deputy Assistant
Secretary for Minority Health, and the Assistant Secretary
for the Administration for Children and Families, shall use
amounts appropriated by subsection (a) to support public
health-based interventions to reduce community violence and
trauma, taking into consideration the needs of communities
with high rates of, and prevalence of risk factors associated
with, violence-related injuries and deaths, by--
(1) awarding competitive grants or contracts to local
governmental entities, States, territories, Indian Tribes and
Tribal organizations, Urban Indian organizations, hospitals
and community health centers, nonprofit community-based
organizations, culturally specific organizations, victim
services providers, or other entities as determined by the
Secretary (or consortia of such entities) to support
evidence-informed, culturally competent, and developmentally
appropriate strategies to reduce community violence,
including outreach and conflict mediation, hospital-based
violence intervention, violence interruption, and services
for victims and individuals and communities at risk for
experiencing violence, such as trauma-informed mental health
care and counseling, social-emotional learning and school-
based mental health services, workforce development services,
and other services that prevent or mitigate the impact of
trauma, build appropriate skills, or promote resilience; and
(2) supporting training, technical assistance, research,
evaluation, public health surveillance systems, data
collection, and coordination among relevant stakeholders, to
facilitate support for strategies to reduce community
violence and ensure safe and healthy communities.
(c) Supplement Not Supplant.--Amounts appropriated under
this section shall be used to supplement and not supplant any
Federal, State, or local funding otherwise made available for
the purposes described in this section.
(d) Expenditure Requirement.--All expenditures made
pursuant to subsection (a) shall be made on or before
September 30, 2031.
SEC. 31056. FUNDING FOR THE NATIONAL CHILD TRAUMATIC STRESS
NETWORK.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$5,000,000, to remain available until expended, for carrying
out section 582 of the Public Health Service Act (42 U.S.C.
290hh-1) with respect to addressing the problem of high-risk
or medically underserved persons who experience violence-
related stress.
SEC. 31057. FUNDING FOR HIV HEALTH CARE SERVICES PROGRAMS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$75,000,000, to remain available until expended, for
necessary expenses for modifications to existing contracts,
and supplements to existing grants and cooperative agreements
under parts A, B, C, and D of title XXVI of the Public Health
Service Act and section 2692(a) of such Act (42 U.S.C. 300ff-
111(a)).
SEC. 31058. FUNDING FOR CLINICAL SERVICES DEMONSTRATION
PROJECT.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$60,000,000, to remain available until expended, to, acting
through the Administrator of the Health Resources and
Services Administration, carry out a program to award grants
or contracts to public and private nonprofit clinics for the
provision of clinical services, pursuant to a demonstration
project under section 318(b)(2) of the Public Health Service
Act (42 U.S.C. 247c(b)(2)).
SEC. 31059. FUNDING TO SUPPORT THE LIFESPAN RESPITE CARE
PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$5,000,000, to remain available until expended, for carrying
out title XXIX of the Public Health Service Act.
SEC. 31060. FUNDING TO INCREASE RESEARCH CAPACITY AT CERTAIN
INSTITUTIONS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $75,000,000, to remain available until
expended, for the purposes described in subsection (b).
(b) Use of Funds.--The Secretary, acting through the
Director of the National Institutes of Health, shall use
amounts made available under subsection (a) to--
(1) maintain and expand programs to increase research
capacity at minority-serving institutions (as described in
section 371 of the Higher Education Act of 1965 (20 U.S.C.
1067q)), including by supporting the Path to Excellence and
Innovation program of the National Institutes of Health;
(2) support centers of excellence under sections 464z-4 and
736 of the Public Health Service Act (42 U.S.C. 285t-1, 293);
(3) support efforts to diversify the national scientific
workforce and expand recruitment and retention of individuals
who are--
(A) underrepresented in the biomedical, clinical,
behavioral, and social sciences; and
(B) from disadvantaged backgrounds; and
(4) support and expand the activities of the Scientific
Workforce Diversity Office of the National Institutes of
Health.
SEC. 31061. FUNDING FOR RESEARCH RELATED TO DEVELOPMENTAL
DELAYS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $10,000,000, to remain available until
expended, for the purpose described in subsection (b).
(b) Use of Funds.--The Secretary, acting through the
Director of the National Institutes of Health, shall use
amounts appropriated by subsection (a) to conduct or support
research related to developmental delays, including speech
and language delays in infants and toddlers, characterizing
speech and language development and outcomes in infants and
toddlers through early adolescence. Such research shall
include studies, including longitudinal studies, conducted or
supported by the National Institute on Deafness and Other
Communication Disorders, the Eunice Kennedy Shriver National
Institute of Child Health and Human Development, and other
relevant institutes and centers of the National Institutes of
Health.
(c) Supplement, Not Supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, and local public funds
expended to conduct or support research related to
developmental delays, including speech and language delays,
in infants, toddlers, and children.
SEC. 31062. SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER
HEALTH PROGRAM.
(a) In General.--Title XXXIII of the Public Health Service
Act is amended by adding at the end the following:
``SEC. 3352. SUPPLEMENTAL FUND.
``(a) In General.--There is established a fund to be known
as the World Trade Center Health Program Supplemental Fund
(referred to in this section as the `Supplemental Fund'),
consisting of amounts deposited into the Supplemental Fund
under subsection (b).
``(b) Amount.--Out of any money in the Treasury not
otherwise appropriated, there is appropriated for fiscal year
2022, $2,860,000,000, for deposit into the Supplemental Fund,
which amounts shall remain available through fiscal year
2031.
``(c) Use of Funds.--Amounts deposited into the
Supplemental Fund under subsection (b) shall be available,
without further appropriation and without regard to any
spending limitation under section 3351(c), to the WTC Program
Administrator as needed at the discretion of
[[Page H6442]]
such Administrator for carrying out any provision in this
title, including sections 3303 and 3341(c).
``(d) Return of Funds.--Any amounts that remain in the
Supplemental Fund on September 30, 2031, shall be deposited
into the Treasury as miscellaneous receipts.''.
(b) Conforming Amendments.--Title XXXIII of the Public
Health Service Act is amended--
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
21(a)(4)(B)(i)(II)), by striking ``section 3351'' and
inserting ``sections 3351 and 3352'';
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
31(a)(3)(B)(i)(II)), by striking ``section 3351'' and
inserting ``sections 3351 and 3352'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) in subsection (a), by inserting ``and the World Trade
Center Health Program Supplemental Fund'' before the period
at the end; and
(B) in subsection (d)--
(i) in paragraph (1)(B), by inserting ``(excluding any
expenditures from amounts in the World Trade Center Health
Program Supplemental Fund under section 3352)'' before the
period at the end; and
(ii) in paragraph (2), in the flush text following
subparagraph (C), by inserting ``(excluding any expenditures
from amounts in the World Trade Center Health Program
Supplemental Fund under section 3352)'' before the period at
the end; and
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) in paragraph (2), by inserting ``or as available from
the World Trade Center Health Program Supplemental Fund under
section 3352'' before the period at the end; and
(B) in paragraph (3), by inserting ``or as available from
the World Trade Center Health Program Supplemental Fund under
section 3352'' before the period at the end.
PART 5--NATIVE HAWAIIAN PROVISIONS
SEC. 31071. NATIVE HAWAIIAN HEALTH CARE SYSTEMS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until
September 30, 2031, for the Secretary, not later than 180
days after the date of enactment of this Act, to award grants
to, or enter into contracts with, Papa Ola Lokahi to support
services described in section 6(c) of the Native Hawaiian
Health Care Improvement Act (42 U.S.C. 11705(c)) in
accordance with this section.
(b) Use of Funds.--Amounts made available to an awardee
pursuant to subsection (a) shall be used for--
(1) the purchase, construction, alteration, renovation, or
equipping of health facilities;
(2) maintenance and improvement projects;
(3) information technology, telehealth infrastructure,
electric health records systems, and medical equipment; and
(4) awarding grants to, or entering into contracts with,
Native Hawaiian health care systems (directly, or through
subgrants or subcontracts) to support services described in
section 6(c) of the Native Hawaiian Health Care Improvement
Act (42 U.S.C. 11705(c)), on the condition that such grants
or contracts may only be used for the purposes and uses
described in paragraphs (1) through (3).
(c) Waiver of Certain Restrictions.--Subsections (e) and
(f)(4) of section 6 of the Native Hawaiian Health Care
Improvement Act (42 U.S.C. 11705(e), 11705(f)(4)) shall not
apply to grants (or subgrants) made using amounts made
available under subsection (a).
(d) Definitions.--In this section:
(1) Native hawaiian health care system.--The term ``Native
Hawaiian health care system'' has the meaning given the term
in section 12 of the Native Hawaiian Health Care Improvement
Act (42 U.S.C. 11711).
(2) Papa ola lokahi.--The term ``Papa Ola Lokahi'' has the
meaning given the term in section 12 of the Native Hawaiian
Health Care Improvement Act (42 U.S.C. 11711).
SEC. 31072. NATIVE HAWAIIAN HEALTH IMPROVEMENT GRANTS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $224,000,000, to remain available until
September 30, 2031, to award grants to eligible Native
Hawaiian entities to improve the health status of Native
Hawaiians, including by providing to Native Hawaiians
comprehensive health promotion services, disease prevention
services, and primary health services, as described in
section 6(c) of the Native Hawaiian Health Care Improvement
Act (42 U.S.C. 11705(c)).
(b) Definition of Eligible Native Hawaiian Entity.--In this
section, the term ``eligible Native Hawaiian entity'' means--
(1) Papa Ola Lokahi (as defined in section 12 of the Native
Hawaiian Health Care Improvement Act (42 U.S.C. 11711));
(2) a Native Hawaiian health care system (as defined in
section 12 of that Act (42 U.S.C. 11711));
(3) a Native Hawaiian organization (as defined in section
12 of that Act (42 U.S.C. 11711));
(4) a consortium of 2 or more entities described in
paragraphs (1) through (3); and
(5) a consortium that contains at least 1 entity described
in any of paragraphs (1) through (3).
SEC. 31073. NATIVE HAWAIIAN HEALTH CARE SYSTEMS LIABILITY
COVERAGE.
(a) In General.--Subject to subsections (b) and (c), the
Secretary shall apply section 102(d) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5321(d)) to--
(1) a Native Hawaiian health care system that receives a
grant from or enters into a contract with the Secretary under
section 6 of the Native Hawaiian Health Care Improvement Act
(42 U.S.C. 11705) to the same extent as section 102(d) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5321(d)) applies to an Indian Tribe, a Tribal
organization, and an Indian contractor that carries out a
contract, grant agreement, or cooperative agreement, as
applicable, under section 102 or 103 of that Act (25 U.S.C.
5321, 5322); and
(2) the employees of a Native Hawaiian health care system
that receives a grant from or enters into a contract with the
Secretary under section 6 of the Native Hawaiian Health Care
Improvement Act (42 U.S.C. 11705) to the same extent as
section 102(d) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5321(d)) applies to the employees
of an Indian Tribe, a Tribal organization, or an Indian
contractor that carries out a contract, grant agreement, or
cooperative agreement, as applicable, under section 102 or
103 of that Act (25 U.S.C. 5321, 5322).
(b) Effective Date.--For purposes of subsection (a), each
reference to December 22, 1987, and the reference to the date
of enactment of the Indian Self-Determination and Education
Assistance Act Amendments of 1990 contained in section 102(d)
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5321(d)) shall be deemed to be a reference to the
date of enactment of this section.
(c) Sunset.--This section shall cease to have force or
effect on October 1, 2031.
Subtitle J--Next Generation 9-1-1
SEC. 31101. DEPLOYMENT OF NEXT GENERATION 9-1-1.
(a) Appropriation.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Assistant Secretary
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $470,000,000, to remain available
until September 30, 2030, to make grants to eligible entities
for implementing and maintaining Next Generation 9-1-1 in
accordance with subsection (b).
(2) Administrative expenses.--In addition to amounts
otherwise available, there is appropriated to the Assistant
Secretary for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $20,000,000, to remain
available until September 30, 2030, to administer this
section.
(b) Use of Funds.--An eligible entity may use grant funds
received under this section for--
(1) reasonable costs associated with planning,
implementation, and development activities, including such
activities related to the grant application;
(2) deployment, operation, and maintenance of interoperable
and reliable Next Generation 9-1-1, including ensuring the
cybersecurity of Next Generation 9-1-1; and
(3) training of personnel related to Next Generation 9-1-1.
(c) Clawback.--The Assistant Secretary shall recover some
or all of the grant funds made available to an eligible
entity under this section if--
(1) the eligible entity uses the funds for any other
purpose than those set forth in subsection (b);
(2) the eligible entity fails to establish a funding
mechanism for Next Generation 9-1-1 sufficient to cover
operations, maintenance, and upgrade costs within 3 years of
the establishment of the grant program;
(3) the eligible entity engages in the diversion of any 9-
1-1 fee or charge imposed by the eligible entity; or
(4) the eligible entity uses funds to purchase, rent,
lease, or otherwise obtain covered communications equipment
or services (as defined in section 9 of the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C.
1608)).
SEC. 31102. ESTABLISHMENT OF NEXT GENERATION 9-1-1
CYBERSECURITY CENTER.
In addition to amounts otherwise available, there is
appropriated to the National Telecommunications and
Information Administration for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $9,000,000,
to remain available until September 30, 2030, for the
establishment of a Next Generation 9-1-1 Cybersecurity Center
to coordinate with State, local, and regional governments on
the sharing of cybersecurity information about, the analysis
of cybersecurity threats to, and strategies to detect and
prevent cybersecurity intrusions relating to, Next Generation
9-1-1.
SEC. 31103. PUBLIC SAFETY NEXT GENERATION 9-1-1 ADVISORY
BOARD.
In addition to amounts otherwise available, there is
appropriated to the National Telecommunications and
Information Administration for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $1,000,000,
to remain available until September 30, 2030, to establish a
16-member Public Safety Next Generation 9-1-1 Advisory Board,
consisting of public safety officials and 9-1-1 professionals
from diverse backgrounds and with the necessary technical
expertise, to provide recommendations to the Assistant
Secretary with respect to carrying out the duties and
responsibilities of the Assistant Secretary related to Next
Generation 9-1-1, including with respect to the grant program
established under section 31101.
SEC. 31104. DEFINITIONS.
In this subtitle:
(1) 9-1-1 fee or charge.--The term ``9-1-1 fee or charge''
has the meaning given the term in section 6(f)(3)(D) of the
Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615a-1(f)(3)(D)).
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) Commonly accepted standards.--The term ``commonly
accepted standards'' means the technical standards followed
by the communications industry for network, device, and
Internet Protocol connectivity that--
[[Page H6443]]
(A) ensure interoperability by enabling emergency
communications centers to receive, process, and analyze all
types of 9-1-1 requests for emergency assistance (including
multimedia and data) and share such requests with other
emergency communications centers and emergency response
providers without the need for proprietary interfaces and
regardless of jurisdiction, equipment, device, software,
service provider, or any other factor; and
(B) are developed and approved by a standards development
organization that is accredited by a United States or
international standards body through a process--
(i) that is consensus-based and open for participation,
provides conflict resolution, and invites comment; and
(ii) through which standards are made publicly available
once approved.
(4) Eligible entity.--The term ``eligible entity'' means a
State or a Tribal organization that has--
(A) named a single point of contact to coordinate the
implementation of Next Generation 9-1-1; and
(B) developed and submitted a plan for the coordination and
implementation of Next Generation 9-1-1 consistent with any
requirements of the Assistant Secretary.
(5) Next generation 9-1-1.--The term ``Next Generation 9-1-
1'' means an interoperable, secure, Internet Protocol-based
system that--
(A) employs commonly accepted standards;
(B) enables emergency communications centers to receive,
process, and analyze all types of 9-1-1 requests for
emergency assistance;
(C) acquires and integrates additional information useful
to handling 9-1-1 requests for emergency assistance;
(D) supports sharing information related to 9-1-1 requests
for emergency assistance among emergency communications
centers and emergency response providers without the need for
proprietary interfaces and regardless of jurisdiction,
equipment, device, software, service provider, or any other
factor; and
(E) ensures reliability by enabling ongoing operation,
including through the use of geo-diverse device and network
agnostic elements that provide more than 1 physical route
between end points with no common points where a single
failure at that point would cause the operation of Next
Generation 9-1-1 to fail.
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico,
American Samoa, Guam, the United States Virgin Islands, the
Northern Mariana Islands, and any other territory or
possession of the United States.
Subtitle K--Other Matters Related to Connectivity
SEC. 31201. OUTREACH.
In addition to amounts otherwise available, there is
appropriated to the Federal Communications Commission for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available
until September 30, 2031, to conduct outreach and provide
education to the public regarding the broadband and
communications affordability programs of the Federal
Communications Commission to raise awareness about the
programs and help consumers access the programs.
SEC. 31202. FUTURE OF TELECOMMUNICATIONS COUNCIL.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Commerce for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $7,000,000, to remain available until September
30, 2031, to establish a council of 14 members in
coordination with the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, the Deputy
Secretary of Commerce, the Assistant Secretary of Commerce
for Communications and Information, the Under Secretary of
Commerce for Standards and Technology, the Chair of the
Federal Communications Commission, the Director of the
National Science Foundation, the Majority Leader of the
Senate, and the Speaker of the House of Representatives, to
be known as the ``Future of Telecommunications Council'', to
advise Congress on the development and adoption of 6G and
other advanced wireless communications technologies,
including ensuring equity in access to those technologies for
communities of color and rural communities.
SEC. 31203. AFFORDABILITY.
(a) Definitions.--In this section:
(1) Broadband; broadband service.--The term ``broadband''
or ``broadband service'' has the meaning given the term
``broadband internet access service'' in section 8.1 of title
47, Code of Federal Regulations, or any successor regulation.
(2) Covered broadband service.--The term ``covered
broadband service'' means broadband service being delivered
through a broadband network that can easily scale speeds over
time to--
(A) meet the evolving connectivity needs of households and
businesses; and
(B) support the deployment of 5G, successor wireless
technologies, and other advanced services.
(3) Covered public-private partnership.--The term ``covered
public-private partnership'' means a partnership between--
(A) a State, 1 or more political subdivisions of a State, a
utility (including a utility cooperative), a public utility
district, a nonprofit organization, a regional planning
council, or an economic development authority; and
(B) a provider of covered broadband service.
(4) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico,
American Samoa, Guam, the United States Virgin Islands, the
Northern Mariana Islands, and any other territory or
possession of the United States.
(b) Funding.--
(1) Pilot projects.--In addition to amounts otherwise
available, there is appropriated to the National
Telecommunications and Information Administration for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $280,000,000, to remain available until
September 30, 2031, for grants to covered public-private
partnerships for pilot projects to increase access to
affordable covered broadband service in urban communities,
including communities of color and for low- and middle-income
consumers, through long-term solutions for such
affordability.
(2) Administration.--In addition to amounts otherwise
available, there is appropriated to the National
Telecommunications and Information Administration for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $15,000,000, to remain available until
September 30, 2031, to administer this section.
(3) Advisory committee.--In addition to amounts otherwise
available, there is appropriated to the National
Telecommunications and Information Administration for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000, to remain available until September
30, 2031, to establish an advisory committee of 12 members
consisting of experts on broadband affordability from diverse
backgrounds, to be known as the ``Affordable Urban and
Suburban Broadband Advisory Committee'', to advise the
National Telecommunications and Information Administration,
the Federal Communications Commission, and Congress on ways
to make broadband more affordable for urban and suburban
broadband subscribers, including for communities of color and
low- and middle-income consumers, through long-term solutions
for such affordability.
SEC. 31204. ACCESS TO DEVICES.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Connected device.--The term ``connected device'' means
any of the following devices that meets minimum standards
established by the Assistant Secretary:
(A) A WiFi-enabled desktop computer.
(B) A WiFi-enabled laptop computer.
(C) A WiFi-enabled tablet computer.
(D) Any similar WiFi-enabled device (except for a telephone
or smartphone).
(3) Connected device distribution program.--The term
``connected device distribution program'' means a program
approved by the Assistant Secretary that makes available
connected devices for free or at a low cost to an eligible
household.
(4) Eligible household.--The term ``eligible household''
means a household in which--
(A) at least one member of the household meets the
qualifications for the Lifeline program of the Federal
Communications Commission, except that a household shall be
deemed to meet the income component of those qualifications
if the household's income is at or below 200 percent of the
Federal Poverty Guidelines for a household of that size;
(B) at least one member of the household has applied for
and been approved to receive benefits under the free and
reduced price lunch program or the school breakfast program;
(C) at least one member of the household has received a
Federal Pell Grant in the current award year, if such award
is verifiable through the National Verifier or National
Lifeline Accountability Database or a connected device
distribution program verifies eligibility; or
(D) at least one member of the household receives
assistance through the special supplemental nutritional
program for women, infants, and children.
(b) Connected Device Grant Program.--
(1) Appropriations.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated to the Assistant Secretary
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $475,000,000, to remain available
until September 30, 2031, for the awarding of grants to
connected device distribution programs in accordance with
this section.
(B) Administration.--In addition to amounts otherwise
available, there is appropriated to the Assistant Secretary
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $20,000,000, to remain available
until September 30, 2031, to administer this section,
including providing technical assistance to a connected
device distribution program.
(C) Outreach.--In addition to amounts otherwise available,
there is appropriated to the Assistant Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000, to remain available until September
30, 2031, to conduct outreach related to the availability of
grants under this section.
(2) Use of funds.--
(A) In general.--A connected device distribution program
shall use grant funds received under this section for--
(i) the reasonable purchase or refurbishment cost of
connected devices for distribution to eligible households
consistent with this section; and
(ii) the reasonable administrative costs associated with
the distribution of connected devices described in clause
(i).
(B) Limitation.--A connected device distribution program
may use grant funds received under this section to provide
not more than--
(i) 1 connected device to an eligible household that
includes not more than 2 members over the age of 6; or
(ii) 2 connected devices to an eligible household that
includes not fewer than 3 members over the age of 6.
(3) Clawback.--If a connected device distribution program
is found to have used grant
[[Page H6444]]
funds awarded under this section in a manner not permitted
under this section or is found to have otherwise violated a
requirement under this section, the Assistant Secretary shall
recover from the program some or all of the grant funds
awarded to the program.
Subtitle L--Distance Learning
SEC. 31301. ADDITIONAL SUPPORT FOR DISTANCE LEARNING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Emergency
Connectivity Fund established under subsection (c)(1) of
section 7402 of the American Rescue Plan Act of 2021 (Public
Law 117-2) for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $300,000,000, to remain
available until September 30, 2030, to provide support under
the covered regulations promulgated under subsection (a) of
that section, except that that amount shall be used to
provide support under the covered regulations for costs
incurred after the date of enactment of this Act but before
June 30, 2030, regardless of whether those costs are incurred
during a COVID-19 emergency period (as defined in subsection
(d) of that section).
(b) Limitation.--None of the funds appropriated under
subsection (a) may be used to purchase, rent, lease, or
otherwise obtain any covered communications equipment or
service (as defined in section 9 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1608)).
Subtitle M--Manufacturing Supply Chain and Tourism
SEC. 31401. MANUFACTURING SUPPLY CHAIN RESILIENCE.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $5,000,000,000, to
remain available until September 30, 2026, to the Office of
the Secretary of Commerce, to support the resilience of
manufacturing supply chains affecting interstate commerce and
related administrative costs, by--
(1) mapping and monitoring manufacturing supply chains;
(2) facilitating and supporting the establishment of
voluntary standards, guidelines, and best practices relevant
to the resilience of manufacturing supply chains;
(3) identifying, accelerating, promoting, demonstrating,
and deploying technological advances for manufacturing supply
chains; and
(4) providing grants, loans, and loan guarantees to
maintain and improve manufacturing supply chain resiliency.
SEC. 31402. DESTINATION MARKETING ORGANIZATION GRANT PROGRAM
TO PROMOTE SAFE DOMESTIC TRAVEL.
(a) Grants for Domestic Marketing Organizations.--In
addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $47,500,000, to remain
available until September 30, 2024, to the Secretary of
Commerce to award grants to destination marketing
organizations, including public or public-private entities
that perform the functions of a destination marketing
organization as determined by the Secretary, to conduct
marketing activities to promote domestic travel within the
United States, including with respect to current travel
requirements and safe travel practices, with preference to
destination marketing organizations promoting a town, city,
State, or region where the civilian labor force in the
accommodation, leisure, and hospitality sector has suffered,
and continues to suffer, significant job losses as a result
of the COVID-19 pandemic, as determined by the Secretary.
(b) Administrative Costs.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$1,500,000, to remain available until September 30, 2027, to
the Secretary of Commerce for administrative costs associated
with providing grants under subsection (a).
(c) Data on Domestic Travel and Tourism.--In addition to
amounts otherwise available, there is appropriated for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $1,000,000, to remain available until September
30, 2027, to the Secretary of Commerce to collect data on
domestic travel and tourism in the United States, including
the impact of the COVID-19 pandemic on domestic travel and
tourism.
Subtitle N--FTC Privacy Enforcement
SEC. 31501. FEDERAL TRADE COMMISSION FUNDING FOR A PRIVACY
BUREAU AND RELATED EXPENSES.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, to remain
available until September 30, 2029, to the Federal Trade
Commission to create and operate a bureau, including by
hiring and retaining technologists, user experience
designers, and other experts as the Commission considers
appropriate, to accomplish its work related to unfair or
deceptive acts or practices relating to privacy, data
security, identity theft, data abuses, and related matters.
SEC. 31502. FEDERAL TRADE COMMISSION.
Section 5(m)(1)(A) of the Federal Trade Commission Act (15
U.S.C. 45(m)(1)(A)) is amended--
(1) by inserting ``this Act's prohibition of unfair or
deceptive acts or practices or'' after ``violates'' the first
place it appears; and
(2) by inserting ``a violation of this Act or'' after
``unfair or deceptive and''.
Subtitle O--Department of Commerce Inspector General
SEC. 31601. FUNDING FOR THE OFFICE OF INSPECTOR GENERAL OF
THE DEPARTMENT OF COMMERCE.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $5,000,000, to remain
available until September 30, 2030, to the Office of
Inspector General of the Department of Commerce for oversight
of activities supported with funds appropriated to the
Department of Commerce in this Act.
TITLE IV--COMMITTEE ON FINANCIAL SERVICES
Subtitle A--Creating and Preserving Affordable, Equitable and
Accessible Housing for the 21st Century
SEC. 40001. PUBLIC HOUSING INVESTMENTS.
(a) Appropriation.--In addition to amounts otherwise made
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $10,000,000,000, to remain available until September
30, 2031, for the Capital Fund under section 9(d) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(d))
pursuant to the same formula as in fiscal year 2021, to be
made available within 60 days of the date of the enactment of
this Act;
(2) $53,000,000,000, to remain available until September
30, 2026, for eligible activities under section 9(d)(1) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d)(1))
for priority investments as determined by the Secretary to
repair, replace, or construct properties assisted under such
section 9;
(3) $1,200,000,000, to remain available until September 30,
2026, for competitive grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v) (in this section
referred to as ``section 24''), under the terms and
conditions in subsection (b), for transformation,
rehabilitation, and replacement housing needs of public and
assisted housing, and to transform neighborhoods of poverty
into functioning, sustainable mixed-income neighborhoods;
(4) $750,000,000, to remain available until September 30,
2031, for the costs to the Secretary of administering and
overseeing the implementation of this section and the Public
Housing Capital Fund and the section 24 grant program
generally, including information technology, financial
reporting, research and evaluation, other cross-program costs
in support of programs administered by the Secretary in this
title, and other costs; and
(5) $50,000,000, to remain available until September 30,
2031, to make new awards or increase prior awards to existing
technical assistance providers to provide an increase in
capacity building and technical assistance available to
entities eligible for funding for activities or projects
consistent with this section.
(b) Terms and Conditions for Section 24 Grants.--Grants
awarded under subsection (a)(3) shall be subject to terms and
conditions determined by the Secretary, which shall include
the following:
(1) Use.--Grant funds may be used for resident and
community services, community development and revitalization,
and affordable housing needs in the community.
(2) Applicants.--Eligible recipients of grants shall
include lead applicants and joint applicants, as follows:
(A) Lead applicants.--A lead applicant shall be a local
government, a public housing agency, or an owner of an
assisted housing property.
(B) Joint applicants.--A nonprofit organization or a for-
profit developer may apply jointly as a joint applicant with
such public entities specified in subparagraph (A). A local
government must be a joint applicant with an owner of an
assisted housing property specified in subparagraph (A).
(3) Period of affordability.--Grantees shall commit to a
period of affordability determined by the Secretary of not
fewer than 20 years, but the Secretary may specify a period
of affordability that is fewer than 20 years with respect to
homeownership units developed with section 24 grants.
(4) Environmental review.--For purposes of environmental
review, a grantee shall be treated as a public housing agency
under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x).
(5) Low-income and affordable housing.--Amounts made
available under this section shall be used for low-income
housing (as such term is defined under section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b))), HUD-
assisted housing, and affordable housing, which shall be
housing for which the owner of the project shall record an
affordability use restriction approved by the Secretary for
households earning up to 120 percent of the area median
income and is subject to the period of affordability under
paragraph (3) of this subsection.
(c) Other Terms and Conditions.--Grants awarded under this
section shall be subject to the following terms and
conditions:
(1) Limitation.--Amounts provided pursuant to this section
may not be used for operating costs or rental assistance.
(2) Development of new units.--Paragraph (3) of section
9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(3)) shall not apply to new funds made available
under this section.
(3) Health and safety.--Amounts made available under this
section shall be used to address health, safety, and
environmental hazards, including lead, fire, carbon monoxide,
mold, asbestos, radon, pest infestation, and other hazards as
defined by the Secretary.
(4) Energy efficiency and resilience.--Amounts made
available under this section shall advance improvements to
energy and water efficiency or climate and disaster
resilience in housing assisted under this section.
(5) Recapture.--If the Secretary recaptures funding
allocated by formula from a public housing agency under
subsection (a)(1), such recaptured amounts shall be added to
the amounts
[[Page H6445]]
available under subsection (a)(2), and shall be obligated by
the Secretary prior to the expiration of such funds.
(6) Supplementation of funds.--The Secretary shall ensure
that amounts provided pursuant to this section shall serve to
supplement and not supplant other amounts generated by a
recipient of such amounts or amounts provided by other
Federal, State, or local sources.
(7) Waivers and alternative requirements.--The Secretary
may waive or specify alternative requirements for subsections
(d)(1), (d)(2), (e), and (j) of section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437g) and associated
regulations in connection with the use of amounts made
available under this section other than requirements related
to tenant rights and protections, fair housing,
nondiscrimination, labor standards, and the environment, upon
a finding that the waiver or alternative requirement is
necessary to facilitate the use of amounts made available
under this section.
(d) Implementation.--The Secretary shall have authority to
issue such regulations or notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40002. INVESTMENTS IN AFFORDABLE AND ACCESSIBLE HOUSING
PRODUCTION.
(a) Appropriation.--In addition to amounts otherwise made
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $9,925,000,000, to remain available until September 30,
2026, for activities and assistance for the HOME Investment
Partnerships Program (in this section referred to as the
``HOME program''), as authorized under sections 241 through
242, 244 through 253, 255 through 256, and 281 through 290 of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12741-12742, 42 U.S.C. 12744-12753, 42 U.S.C. 12755-
12756, 42 U.S.C. 12831-12840) (in this section referred to as
``NAHA''), subject to the terms and conditions paragraph
(1)(A) of subsection (b);
(2) $14,925,000,000, to remain available until September
30, 2026, for activities and assistance for the HOME
Investment Partnerships Program, as authorized under sections
241 through 242, 244 through 253, 255 through 256, and 281
through 290 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12741-12742, 42 U.S.C. 12744-12753, 42
U.S.C. 12755-12756, 42 U.S.C. 12831-12840), subject to the
terms and conditions in paragraphs (1)(B) and (2) of
subsection (b);
(3) $50,000,000, to remain available until September 30,
2031, to make new awards or increase prior awards to existing
technical assistance providers to provide an increase in
capacity building and technical assistance available to any
grantees implementing activities or projects consistent with
this section; and
(4) $100,000,000, to remain available until September 30,
2031, for the costs to the Secretary of administering and
overseeing the implementation of this section and the HOME
and Housing Trust Fund programs generally, including
information technology, financial reporting, research and
evaluations, and other cross-program costs in support of
programs administered by the Secretary in this title, and
other costs.
(b) Terms and Conditions.--
(1) Formulas.--
(A) The Secretary shall allocate amounts made available
under subsection (a)(1) pursuant to section 217 of NAHA (42
U.S.C. 12747) to grantees that received allocations pursuant
to that same formula in fiscal year 2021 and shall make such
allocations within 60 days of the enactment of this Act.
(B) The Secretary shall allocate amounts made available
under subsection (a)(2) pursuant to the formula specified in
section 1338(c)(3) of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C.
4568(c)(3)) to grantees that received Housing Trust Fund
allocations pursuant to that same formula in fiscal year 2021
and shall make such allocations within 60 days of the date of
the enactment of this Act.
(2) Eligible activities.--Other than as provided in
paragraph (5) of this subsection, funds made available under
subsection (a)(2) may only be used for eligible activities
described in subparagraphs (A) through (B)(i) of section
1338(c)(7) of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4568(c)(7)),
except that not more than 10 percent of funds made available
may be used for activities under such subparagraph (B)(i).
(3) Funding restrictions.--The commitment requirements in
section 218(g) (42 U.S.C. 12748(g)) of NAHA, the matching
requirements in section 220 (42 U.S.C. 12750) of NAHA, and
the set-aside for housing developed, sponsored, or owned by
community housing development organizations required in
section 231 of NAHA (42 U.S.C. 12771) shall not apply for
amounts made available under this section.
(4) Reallocation.--For funds provided under paragraphs (1)
and (2) of subsection (a), the Secretary may recapture
certain amounts remaining available to a grantee under this
section or amounts declined by a grantee, and reallocate such
amounts to other grantees under that paragraph to ensure fund
expenditure, geographic diversity, and availability of
funding to communities within the State from which the funds
have been recaptured.
(5) Administration.-- Notwithstanding subsections (c) and
(d)(1) of section 212 of NAHA (42 U.S.C. 12742), grantees may
use not more than 15 percent of their allocations under this
section for administrative and planning costs.
(c) Waivers.--The Secretary may waive or specify
alternative requirements for any provision of the Cranston-
Gonzalez National Affordable Housing Act specified in
subsection (a)(1) or (a)(2) or regulation for the
administration of the amounts made available under this
section other than requirements related to tenant rights and
protections, fair housing, nondiscrimination, labor
standards, and the environment, upon a finding that the
waiver or alternative requirement is necessary to facilitate
the use of amounts made available under this section.
(d) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40003. HOUSING INVESTMENT FUND.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to
remain available until September 30, 2026--
(1) $740,000,000 to the Department of the Treasury to
establish the Housing Investment Fund established by this
section within the Community Development Financial
Institutions Fund (in this section referred to as the ``CDFI
Fund'') to make grants to increase investment in the
development, preservation, rehabilitation, financing, or
purchase of affordable housing primarily for low-, very-low,
and extremely low-income families who are renters, and for
homeowners with incomes up to 120 percent of the area median
income, and for economic development and community facilities
related to such housing and to further fair housing; and
(2) $10,000,000 for the costs to the CDFI Fund of
administering and overseeing the implementation of this
section, including information technology, financial
reporting, research and evaluations, and other costs.
(b) Eligible Grantees.--A grant under this section may be
made, pursuant to such requirements as the CDFI Fund shall
establish, only to--
(1) a CDFI Fund certified community development financial
institution, as such term is defined in section 103 of the
Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4702);
(2) a nonprofit organization having as one of its principal
purposes the creation, development, or preservation of
affordable housing, including a subsidiary of a public
housing authority; or
(3) a consortium comprised of certified community
development financial institutions, eligible nonprofit
housing organizations, or a combination of both.
(c) Eligible Uses.--Eligible uses for grant amounts awarded
from the Housing Investment Fund pursuant to this section
shall--
(1) be reasonably expected to result in eligible affordable
housing activities that support or sustain affordable housing
funded by a grant under this section and capital from other
public and private sources; and
(2) include activities--
(A) to provide loan loss reserves;
(B) to capitalize an acquisition fund to acquire
residential, industrial, or commercial property and land for
the purpose of the preservation, development, or
rehabilitation of affordable housing, including to support
the creation, preservation, or rehabilitation of resident-
owned manufactured housing communities;
(C) to capitalize an affordable housing fund, for
development, preservation, rehabilitation, or financing of
affordable housing and economic development activities,
including community facilities, if part of a mixed-use
project, or activities described in this paragraph related to
transit-oriented development, which may also be designated as
a focus of such a fund;
(D) to capitalize an affordable housing mortgage fund, to
facilitate the origination of mortgages to buyers that may
experience significant barriers to accessing affordable
mortgage credit, including mortgages having low original
principal obligations;
(E) for risk-sharing loans;
(F) to provide loan guarantees; and
(G) to fund rental housing operations.
(d) Implementation.--The CDFI Fund shall have the authority
to issue such regulations, notice, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40004. SECTION 811 SUPPORTIVE HOUSING FOR PEOPLE WITH
DISABILITIES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $450,000,000 for capital advances, including amendments
to capital advance contracts, for supportive housing for
persons with disabilities, as authorized by section 811(b)(2)
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(b)(2)) (in this section referred to as the
``Act''), and subject to subsections (a) through (h)(4),
(h)(6) through (i)(1)(C), and (i)(2) through (m) of such
section 811 (42 U.S.C. 8013(a)-42 U.S.C. 8013(h)(4), 42
U.S.C. 8013(h)(6)-42 U.S.C. 8013(i)(1)(C), 42 U.S.C.
8013(i)(2)-42 U.S.C. 8013(m)), and for project rental
assistance for supportive housing for persons with
disabilities under section 811(d)(2) of the Act and for
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667),
for project rental assistance to State housing finance
agencies and other appropriate entities as authorized under
section 811(b)(3) of the Act, for State housing finance
agencies;
(2) $7,500,000 for providing technical assistance to
support State-level efforts to integrate
[[Page H6446]]
housing assistance and voluntary supportive services for
residents of housing receiving such assistance, which funding
may also be used to provide technical assistance to
applicants and potential applicants to understand program
requirements and develop effective applications, and the
Secretary may use amounts made available under this paragraph
to increase prior awards to existing technical assistance
providers to provide an immediate increase in capacity
building and technical assistance; and
(3) $42,500,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Supportive Housing for Persons with
Disabilities program generally, including information
technology, financial reporting, research and evaluations,
other cross-program costs in support of programs administered
by the Secretary in this title, and other costs.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Limitations on Costs.--When awarding grants under
paragraph (1) of subsection (a), the Secretary shall
establish and assess reasonable development cost limitations
by market area for various types and sizes of supportive
housing for persons with disabilities. The Secretary shall
not count owner or sponsor contributions of other funding or
assistance against the overall cost of a project.
(c) Occupancy Standards.--The owner or sponsor of housing
assisted with funds provided under this section may, with the
approval of the Secretary, limit occupancy with the housing
to persons with disabilities who can benefit from the
supportive services offered in connection with the housing.
(d) Waivers.--The Secretary may waive or specify
alternative requirements for subsection (c) or (bb) of
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f (c), 1437f(bb)) upon a finding that the waiver or
alternative requirement is necessary to facilitate the use of
amounts made available under this section.
(e) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40005. SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY
PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $450,000,000 for the Supportive Housing for the Elderly
Program authorized under section 202 of the Housing Act of
1959, and subject to subsections (a) through (g), (h)(2)
through (h)(5), and (i) through (m) of such section 202 (12
U.S.C. 1701q(a)-12 U.S.C. 1701q(g), 12 U.S.C. 1701q(h)(2)-12
U.S.C. 1701q(h)(5), 12 U.S.C. 1701q(i)-12 U.S.C. 1701q(m))
(in this section referred to as the ``Act''), which shall be
used--
(A) for capital advance awards in accordance with section
202(c)(1) of the Act to recipients that are eligible under
the Act;
(B) for new section 8 project-based rental assistance
contracts under section 8(b) of the United States Housing Act
of 1937 Act (42 U.S.C. 1437f(b)), subject to subsection (c)
of this section, with the Secretary setting the terms of such
project-based rental assistance contracts, including the
duration and provisions regarding rent setting and rent
adjustment, to support the capital advance projects funded
under this section; and
(C) for service coordinators;
(2) $7,500,000, to provide technical assistance to support
State-level efforts to improve the design and delivery of
voluntary supportive services for residents of any housing
assisted under the Act and other housing supporting low-
income older adults, in order to support residents to age-in-
place and avoid institutional care, as well as to assist
applicants and potential applicants with project-specific
design, and the Secretary may use amounts made available
under this paragraph to increase prior awards to existing
technical assistance providers to provide an immediate
increase in capacity building and technical assistance; and
(3) $42,500,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Supportive Housing for the Elderly program
generally, including information technology, financial
reporting, research and evaluation, other cross-program costs
in support of programs administered by the Secretary in this
title, and other costs.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Limitation on Costs.--When awarding grants under
paragraph (1) of subsection (a), the Secretary shall
establish and assess reasonable development cost limitations
by market area for various types and sizes of supportive
housing for the elderly. The Secretary shall not count owner
or sponsor contributions of other funding or assistance
against the overall cost of a project.
(c) Waivers.--The Secretary may waive or specify
alternative requirements for any provision of subsection (c)
or (bb) of section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f (c), 1437f(bb)) upon a finding that the
waiver or alternative requirement is necessary to facilitate
the use of amounts made available under this section.
(d) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40006. IMPROVING ENERGY EFFICIENCY OR WATER EFFICIENCY
OR CLIMATE RESILIENCE OF AFFORDABLE HOUSING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $1,770,000,000, to remain available until September 30,
2028, for the cost of providing direct loans, including the
costs of modifying such loans, and for grants, as provided
for and subject to terms and conditions in subsection (b),
including to subsidize gross obligations for the principal
amount of direct loans, not to exceed $4,000,000,000, to fund
projects that improve the energy or water efficiency, indoor
air quality and sustainability improvements, implement low-
emission technologies, materials, or processes, including
zero-emission electricity generation, energy storage, or
building electrification, electric car charging station
installations, or address climate resilience of multifamily
properties;
(2) $25,000,000, to remain available until September 30,
2030, for the costs to the Secretary of administering and
overseeing the implementation of this section, including
information technology, financial reporting, research and
evaluation, other cross-program costs in support of programs
administered by the Secretary in this title, and other costs;
(3) $120,000,000, to remain available until September 30,
2029, for expenses of contracts administered by the
Secretary, including to carry out property climate risk,
energy, or water assessments, due diligence, and underwriting
functions for such grant and direct loan program; and
(4) $85,000,000, to remain available until September 30,
2028, for energy and water benchmarking of properties
eligible to receive grants or loans under this section,
regardless of whether they actually received such grants,
along with associated data analysis and evaluation at the
property and portfolio level, including the development of
information technology systems necessary for the collection,
evaluation, and analysis of such data.
(b) Loan and Grant Terms and Conditions.--Amounts made
available under this section shall be for direct loans,
grants, and direct loans that can be converted to grants to
eligible recipients that agree to an extended period of
affordability for the property.
(c) Definitions.--As used in this section--
(1) the term ``eligible recipient'' means any owner or
sponsor of an eligible property; and
(2) the term ``eligible property'' means a property
receiving project-based assistance pursuant to--
(A) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(B) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013); or
(C) section 8(b) of the United States Housing Act of 1937
(42 U.S.C. 1437f(b))
(d) Waiver.--The Secretary may waive or specify alternative
requirements for any provision of subsection (c) or (bb) of
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f(c), 1437f(bb)) upon a finding that the waiver or
alternative requirement is necessary to facilitate the use of
amounts made available under this section.
(e) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40007. REVITALIZATION OF DISTRESSED MULTIFAMILY
PROPERTIES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $1,550,000,000 for providing direct loans, which may be
forgivable, to owners of distressed properties for the
purpose of making necessary physical improvements, including
to subsidize gross obligations for the principal amount of
direct loans not to exceed $6,000,000,000, subject to the
terms and conditions in subsection (b); and
(2) $50,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Office of Housing programs generally,
including information technology, financial reporting,
research and evaluations, other cross-program costs in
support of programs administered by the Secretary in this
title, and other costs.
Amounts appropriated by this section shall remain available
until September 30, 2029.
(b) Loan Terms and Conditions.--
(1) Eligibility.--Owners or sponsors of multifamily housing
projects who meet each of the following requirements shall be
eligible for loan assistance under this section:
(A) The multifamily housing project, including any project
from which assistance has been approved to be transferred has
deficiencies that cause the project to be at risk of physical
obsolescence or economic non-viability.
(B) The actual rents received by the owner or sponsor of
the distressed property would not adequately sustain the debt
needed to make necessary physical improvements.
(C) The owner or sponsor meets any such additional
eligibility criteria as the Secretary determines to be
appropriate, considering factors that contributed to the
project's deficiencies.
(2) Use of loan funds.--Each recipient of loan assistance
under this section may only use such loan assistance to make
necessary physical improvements.
[[Page H6447]]
(3) Loan availability.--The Secretary shall only provide
loan assistance to an owner or sponsor of a multifamily
housing project when such assistance, considered with other
financial resources available to the owner or sponsor, is
needed to make the necessary physical improvements.
(4) Interest rates and length.--Loans provided under this
section shall bear interest at 1 percent, and at origination
shall have a repayment period coterminous with the
affordability period established under paragraph (6), with
the frequency and amount of repayments to be determined by
requirements established by the Secretary.
(5) Loan modifications or forgiveness.--With respect to
loans provided under this section, the Secretary may take any
of the following actions if the Secretary determines that
doing so will preserve affordability of the project:
(A) Waive any due on sale or due on refinancing
restriction.
(B) Consent to the terms of new debt to which the loans may
be subordinate, even if such new debt would impact the
repayment of the loans.
(C) Extend the term of the loan.
(D) Forgive the loan in whole or in part.
(6) Extended affordability period.--Each recipient of loan
assistance under this section shall agree to an extended
affordability period for the project that is subject to the
loan by extending any existing affordable housing use
agreements for an additional 30 years or, if the project is
not currently subject to a use agreement establishing
affordability requirements, by establishing a use agreement
for 30 years.
(7) Matching contribution.--Each recipient of loan
assistance under this section shall secure at least 20
percent of the total cost needed to make the necessary
physical improvements from non-Federal sources, except in
cases where the Secretary determines that a lack of financial
resources qualifies a loan recipient for--
(A) a reduced contribution below 20 percent; or
(B) an exemption to the matching contribution requirement.
(8) Additional loan conditions.--The Secretary may
establish additional conditions for loan eligibility provided
under this section as the Secretary determines to be
appropriate.
(9) Properties insured by the secretary.--In the case of
any property with respect to which assistance is provided
under this section that has a mortgage insured by the
Secretary, the Secretary may use funds available under this
section as necessary to pay for the costs of modifying such
loan.
(c) Definitions.--As used in this section--
(1) the term ``multifamily housing project'' means a
project consisting of five or more dwelling units assisted or
approved to receive a transfer of assistance, insured, or
with a loan held by the Secretary or a State or State agency
in part or in whole pursuant to--
(A) section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f), not including subsection (o)(13) of such
section;
(B) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q), as amended by section 801 of the Cranston-Gonzalez
National Affordable Housing Act;
(C) section 202 of the Housing Act of 1959 (former 12
U.S.C. 1701q), as such section existed before the enactment
of the Cranston-Gonzalez National Affordable Housing Act;
(D) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013); or
(E) section 236 of the National Housing Act (12 U.S.C.
1715z-1); and
(2) the term ``necessary physical improvements'' means new
construction or capital improvements to an existing
multifamily housing project that the Secretary determines are
necessary to address the deficiencies or that rise to such a
level that delaying physical improvements to the project
would be detrimental to the longevity of the project as
suitable housing for occupancy.
(d) Waiver.--The Secretary may waive or specify alternative
requirements for any provision of subsection (c) or (bb) of
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f(c), 1437f(bb)) upon a finding that the waiver or
alternative requirement is necessary to facilitate the use of
amounts made available under this section.
(e) Implementation.--The Secretary shall have the authority
to issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40008. INVESTMENTS IN RURAL RENTAL HOUSING.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Rural Housing Service
of the Department of Agriculture for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated--
(1) $1,800,000,000, to remain available until September 30,
2029, for the Administrator of the Rural Housing Service for
making loans and grants for new construction, improvements to
energy and water efficiency or climate resilience, the
removal of health and safety hazards, and the preservation
and revitalization of housing for other purposes described
under section 514 of the Housing Act of 1949 (42 U.S.C.
1484), subsections (a)(1) through (a)(2), (b)(1) through
(b)(3), (b)(5) through (aa)(2)(A), and (aa)(4) of section 515
of such Act (42 U.S.C. 1485(a)(1)-42 U.S.C. 1485(a)(2), 42
U.S.C. 1485(b)(1)-(b)(3), 42 U.S.C. 1485(b)(5)-42 U.S.C.
1485(aa)(2)(A), 42 U.S.C. 1485(aa)(4)), and 516 of such act
(42 U.S.C. 1486), subject to the terms and conditions in
subsection (b);
(2) $100,000,000, to remain available until September 30,
2029, to provide continued assistance pursuant to section
3203 of the American Rescue Plan Act of 2021; and
(3) $100,000,000, to remain available until September 30,
2030, for the costs to the Rural Housing Service of the
Department of Agriculture of administering and overseeing the
implementation of this section, including information
technology, financial reporting, research and evaluations,
other cross-program costs in support of programs administered
by the Secretary in this title, and other costs.
(b) Preservation and Revitalization Terms and Conditions.--
(1) Loans and grants and other assistance.--The
Administrator of the Rural Housing Service of the Department
of Agriculture shall provide direct loans and grants,
including the cost of modifying loans, to restructure
existing Department of Agriculture multi-family housing loans
expressly for the purposes of ensuring the project has
sufficient resources to preserve the project for the purpose
of providing safe and affordable housing for low-income
residents and farm laborers, including--
(A) reducing or eliminating interest;
(B) deferring loan payments;
(C) subordinating, reducing, or re-amortizing loan debt;
and
(D) providing other financial assistance, including
advances, payments, and incentives (including the ability of
owners to obtain reasonable returns on investment) required
by the Secretary, including such assistance to non-profit
entities and public housing authorities.
(2) Restrictive use agreement.--The Administrator of the
Rural Housing Service of the Department of Agriculture shall
as part of the preservation and revitalization agreement
obtain a restrictive use agreement consistent with the terms
of the restructuring.
(c) Implementation.--The Administrator of the Rural Housing
Service of the Department of Agriculture shall have authority
to issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40009. HOUSING VOUCHERS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $15,000,000,000, to remain available until September
30, 2029, for--
(A) incremental tenant-based rental assistance for
extremely low-income families under section 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o));
(B) renewals of such tenant-based rental assistance; and
(C) fees for the costs of administering tenant-based rental
assistance and other expenses related to the utilization of
voucher assistance under subparagraph (A), which may include
the cost of facilitating the use of voucher assistance
provided under paragraph (5);
(2) $7,100,000,000, to remain available until September 30,
2029, for--
(A) incremental tenant-based rental assistance under
section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)) for households experiencing or at risk of
homelessness, survivors of domestic violence, dating
violence, sexual assault, and stalking, and survivors of
trafficking;
(B) renewals of such tenant-based rental assistance; and
(C) fees for the costs of administering tenant-based rental
assistance and other expenses related to the utilization of
voucher assistance under subparagraph (A), which may include
the cost of facilitating the use of voucher assistance
provided under paragraph (5);
(3) $1,000,000,000, to remain available until September 30,
2031, for--
(A) tenant protection vouchers for relocation and
replacement of public housing units demolished or disposed as
part of a public housing preservation or project-based
replacement transaction using funds made available under this
title;
(B) renewals of such tenant-based rental assistance; and
(C) fees for the costs of administering tenant-based rental
assistance and other expenses related to the utilization of
voucher assistance under subparagraph (A), which may include
the cost of facilitating the use of voucher assistance
provided under paragraph (5);
(4) $300,000,000, to remain available until September 30,
2031, for competitive grants, subject to terms and conditions
determined by the Secretary, to public housing agencies for
mobility-related services for voucher families, including
families with children, and service coordination;
(5) $230,000,000, to remain available until September 30,
2031, for eligible expenses to facilitate the use of voucher
assistance under this section and for other voucher
assistance under section 8(o) of the United States Housing
Act of 1937, as determined by the Secretary, in addition to
amounts otherwise available for such expenses, including
property owner outreach and retention activities such as
incentive payments, security deposit payments and loss
reserves, landlord liaisons, and other uses of funds designed
primarily--
(A) to recruit owners of dwelling units, particularly
dwelling units in census tracts with a poverty rate of less
than 20 percent, to enter into housing assistance payment
contracts; and
(B) to encourage owners that enter into housing assistance
payment contracts as described in subparagraph (A) to
continue to lease their dwelling units to tenants assisted
under section 8(o) of the United States Housing Act of 1937;
[[Page H6448]]
(6) $300,000,000, to remain available until September 30,
2031, for the costs to the Secretary of administering and
overseeing the implementation of this section and the Housing
Choice Voucher program generally, including information
technology, financial reporting, research and evaluations,
other cross-program costs in support of programs administered
by the Secretary in this title, and other costs; and
(7) $70,000,000, to remain available until September 30,
2031, for making new awards or increasing prior awards to
existing technical assistance providers to provide an
increase in capacity building and technical assistance
available to public housing agencies.
(b) Terms and Conditions.--
(1) Allocation.--The Secretary shall allocate initial
incremental assistance provided for rental assistance under
subsection (a)(1) and (2) in each fiscal year commencing in
2022 and ending in 2026 in accordance with a formula or
formulas that include measures of severe housing need among
extremely low-income renters and public housing agency
capacity, and ensures geographic diversity among public
housing agencies administering the Housing Choice Voucher
program.
(2) Election to administer.--The Secretary shall establish
a procedure for public housing agencies to accept or decline
the incremental vouchers made available under this section.
(3) Failure to use vouchers promptly.--If a public housing
agency fails to lease the authorized vouchers it has received
under this subsection on behalf of eligible families within a
reasonable period of time, the Secretary may offset the
agency's voucher renewal allocations and may revoke and
redistribute any unleased vouchers and associated funds,
which may include administrative fees and amounts allocated
under subsections (a)(3) and (a)(4), to other public housing
agencies.
(4) Limitation of use of funds.-- Public housing agencies
may use funds received under this section only for the
activities listed in subsection (a) for which the funds were
provided to such agency.
(5) Cap on project-based vouchers for vulnerable
populations.--Upon request by a public housing agency, the
Secretary may designate a number of the public housing
agency's vouchers allocated under this section as excepted
units that do not count against the percentage limitation on
the number of authorized units a public housing agency may
project-base under section 8(o)(13)(B) of the United States
Housing Act of 1937, in accordance with the conditions
established by the Secretary. This paragraph may not be
construed to waive, limit, or specify alternative
requirements, or permit such waivers, limitations, or
alternative requirements, related to fair housing and
nondiscrimination, including the requirement to provide
housing and services to individuals with disabilities in
integrated settings.
(6) Homeless waiver authority.-- In administering the
voucher assistance targeted for households experiencing or at
risk of homelessness, survivors of domestic violence, dating
violence sexual assault, and stalking, and survivors of
trafficking under subsection (a)(2), the Secretary may, upon
a finding that a waiver or alternative requirement is
necessary to facilitate the use of such assistance, waive or
specify alternative requirements for--
(A) section 8(o)(6)(A) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions
related to the administration of waiting lists and local
preferences;
(B) section 214(d)(2) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(d)(2)), section
576(a), (b), and (c) of the Quality Housing and Work
Responsibility Act of 1998 (42 U.S.C. 13661(a), (b),and (c)),
and regulatory provisions related to the verification of
eligibility, eligibility requirements, and the admissions
process;
(C) section 8(o)((7)(A) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(7)(A)) and regulatory provisions
related to the initial lease term;
(D) section 8(r)(B)(i) of the United States Housing Act of
1937 (42 U.S.C. 1437f(r)(B)(i)) and regulatory provisions
related to portability moves by non-resident applicants; and
(E) regulatory provisions related to the establishment of
payment standards.
(c) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40010. PROJECT-BASED RENTAL ASSISTANCE.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $880,000,000 for the project-based rental assistance
program, as authorized under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b)), (in this
section referred to as the ``Act''), subject to the terms and
conditions of subsection (b) of this section;
(2) $20,000,000 for providing technical assistance to
recipients of or applicants for project-based rental
assistance or to States allocating the project-based rental
assistance; and
(3) $100,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the section 8 project-based rental assistance
program generally, including information technology,
financial reporting, research and evaluations, other cross-
program costs in support of programs administered by the
Secretary in this title, and other costs.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Terms and Conditions.--
(1) Authority.--Notwithstanding section 8(a) the Act (42
U.S.C. 1437f(a)), the Secretary may use amounts made
available under this section to provide assistance payments
with respect to newly constructed housing, existing housing,
or substantially rehabilitated non-housing structures for use
as new multifamily housing in accordance with this section
and the provisions of section 8 of the Act. In addition, the
Secretary may use amounts made available under this section
for performance-based contract administrators for section 8
project-based assistance, for carrying out this section and
section 8 of the Act.
(2) Project-based rental assistance.--The Secretary may
make assistance payments using amounts made available under
this section pursuant to contracts with owners or prospective
owners who agree to construct housing, to substantially
rehabilitate existing housing, to substantially rehabilitate
non-housing structures for use as new multifamily housing, or
to attach the assistance to newly constructed housing in
which some or all of the units shall be available for
occupancy by very low-income families in accordance with the
provisions of section 8 of the Act. In awarding contracts
pursuant to this section, the Secretary shall give priority
to owners or prospective owners of multifamily housing
projects located or to be located in areas of high
opportunity, as defined by the Secretary, in areas
experiencing economic growth or rising housing prices to
prevent displacement or secure affordable housing for low-
income households, or that serve people at risk of
homelessness or that integrate additional units that are
accessible for persons with mobility impairments and persons
with hearing or visual impairments beyond those required by
applicable Federal accessibility standards.
(3) Allocation.--The Secretary shall make awards with
amounts made available under this section using the following
mechanisms, alone or in combination:
(A) A competitive process, which the Secretary may carry
out in multiple rounds of competition, each of which may have
its own selection, performance, and reporting criteria as
established by the Secretary.
(B) Selecting proposals submitted through FHA loan
applications that meet specified criteria.
(C) Delegating to States the awarding of contracts,
including related determinations such as the maximum monthly
rent, subject to the requirements of section 8 of the Act, as
determined by the Secretary.
(4) Contract term, rent setting, and rent adjustments.--The
Secretary may set the terms of the contract, including the
duration and provisions regarding rent setting and rent
adjustments.
(c) Waivers.--The Secretary may waive or specify
alternative requirements for any provision of subsection (c)
or (bb) of section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f(c), 1437f(bb)) upon a finding that the
waiver or alternative requirement is necessary to facilitate
the use of amounts made available under this section.
(d) Implementation.--The Secretary shall have the authority
to issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40011. INVESTMENTS IN NATIVE AMERICAN COMMUNITIES.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $277,500,000 for formula grants for eligible affordable
housing activities described in section 202 of the Native
American Housing Assistance and Self-Determination Act of
1996 (in this section referred to as ``NAHASDA'') (25 U.S.C.
4132), which shall be distributed according to the most
recent fiscal year funding formula for the Indian Housing
Block Grant;
(2) $200,000,000 for--
(A) affordable housing activities authorized under section
810(a) of NAHASDA (25 U.S.C. 4229);
(B) community-wide infrastructure and infrastructure
improvement projects carried out on Hawaiian Home Lands
pursuant to section 810(b)(5) of NAHASDA (25 U.S.C.
4229(b)(5)); and
(C) rental assistance to Native Hawaiians (as defined in
section 801 of NAHASDA (25 U.S.C. 4221)) on and off Hawaiian
Home Lands;
(3) $277,500,000 for competitive grants for eligible
affordable housing activities described in section 202 of
NAHASDA (25 U.S.C. 4132);
(4) $200,000,000 for--
(A) competitive single-purpose Indian community development
block grants for Indian tribes; and
(B) imminent threat Indian community development block
grants, including for long-term environmental threats and
relocation, for Indian tribes, or a tribal organization,
governmental entity, or nonprofit organization designated by
the Indian tribe to apply for a grant on its behalf;
(5) $25,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and Indian and Native Hawaiian programs administered
by the Secretary, including information technology, financial
reporting, research and evaluations, other cross-program
costs in support of programs administered by the Secretary in
this title, and other costs; and
(6) $20,000,000 to make new awards or increase prior awards
to technical assistance providers to provide an immediate
increase in capacity building and technical assistance to
grantees.
[[Page H6449]]
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Reallocation.--Amounts made available under subsection
(a)(1) that are not accepted within a time specified by the
Secretary, are voluntarily returned, or are otherwise
recaptured for any reason shall be used to fund grants under
paragraph (3) or (4) of subsection (a).
(c) Undisbursed Funds.--Amounts provided under this Act
that remain undisbursed may not be used as a basis to reduce
any grant allocation under section 302 of NAHASDA (25 U.S.C.
4152) to an Indian tribe in any fiscal year.
(d) Prohibition on Investments.--Amounts made available
under this section may not be invested in investment
securities and other obligations.
(e) Waivers.--With respect to amounts made available under
this section, the Secretary may, upon a finding that a waiver
or alternative requirement is necessary to facilitate the use
of such amounts, waive or specify alternative requirements
for any Indian housing block grants, Native Hawaiian housing
block grants, or Indian community development block grants
issued pursuant to this section, other than requirements
related to fair housing, nondiscrimination, labor standards,
and the environment.
(f) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40012. INCREASED AFFORDABLE HOUSING PROGRAM INVESTMENT.
Notwithstanding subsection (j)(5)(C) of section 10 of the
Federal Home Loan Bank Act (12 U.S.C. 1430), in 2022 and
every year thereafter until 2027, each Federal Home Loan Bank
shall annually contribute 15 percent of the preceding year's
net income of the Federal Home Bank, or such prorated sums as
may be required to assure that the aggregate contribution of
the Federal Home Loan Banks shall not be less than
$100,000,000 for each such year, to support grants or
subsidized advances through the Affordable Housing Programs
established and carried out under subparagraphs (j)(1), (2),
(3)(A), (3)(C), and (4) through (13) of section 10 of such
Act.
Subtitle B--21st Century Sustainable and Equitable Communities
SEC. 40101. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR
AFFORDABLE HOUSING AND INFRASTRUCTURE.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $1,735,000,000 for grants in accordance with sections
101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a)
through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f),
109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301, 5302,
5303, 5304(a)-(i), 5304(l), 5304(m), 5305(a)-(g), 5306(a)(2),
5306(a)(4), 5306(b)-(f), 5309, 5310, 5311, 5313, 5315, 5316,
5319, and 5321) to grantees under subsections (a)(2) and (4)
and (d) of section 106 of such Act (42 U.S.C.5306(a)(2),
(a)(4), and (d)), subject to subsection (b) of this section,
except that for purposes of amounts made available by this
paragraph, paragraph (2) of such section 106(a) shall be
applied by substituting ``$70,000,000'' for ``$7,000,000'';
(2) $700,000,000 for grants in accordance with sections
101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a)
through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f),
109, 110, 111, 113, 115, 116, 120, and 122 of title I of the
Housing and Community Development Act of 1974 (42 U.S.C.
5301, 5302, 5303, 5304(a)-(i), 5304(l), 5304(m), 5305(a)-(g),
5306(a)(2), 5306(a)(4), 5306(b)-(f), 5309, 5310, 5311, 5313,
5315, 5316, 5319, and 5321) to community development block
grant grantees, as determined by the Secretary, under
subsections (a)(4) and (b) through (f) of section 106 of such
Act (5306(a)(4) and 5306(b)-(f)), only for colonias, to
address the community and housing infrastructure needs of
existing colonia residents based on a formula that takes into
account persons in poverty in the colonia areas, except that
grantees may use funds in colonias outside of the 150-mile
border area upon approval of the Secretary;
(3) $500,000,000 for grants in accordance with sections
101, 102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a)
through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f),
109, 110, 111, 113, 115, 116, 120, and 122 of title I of the
Housing and Community Development Act of 1974 (42 U.S.C.
5301, 5302, 5303, 5304(a)-(i), 5304(l), 5304(m), 5305(a)-(g),
5306(a)(2), 5306(a)(4), 5306(b)-(f), 5309, 5310, 5311, 5313,
5315, 5316, 5319, and 5321), to eligible recipients under
subsection (c) of this section for manufactured housing
infrastructure improvements in eligible manufactured home
communities;
(4) $87,500,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section, the Community Development Block Grant program, and
the manufactured home construction and safety standards
program generally, including information technology,
financial reporting, research and evaluations, other cross-
program costs in support of programs administered by the
Secretary in this title, and other costs; and
(5) $27,500,000 for providing technical assistance to
recipients of or applicants for grants under this section.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Housing Construction.--Expenditures on new construction
of housing shall be an eligible expense for a recipient of
funds made available under this section that is not a
recipient of funds under section 40002 of this title.
(c) Manufactured Housing Community Improvement Grant
Program.--
(1) Establishment.--The Secretary of Housing and Urban
Development shall carry out a competitive grant program to
award funds appropriated under subsection (a)(3) to eligible
recipients to carry out eligible projects for improvements in
eligible manufactured home communities.
(2) Eligible projects.--Amounts from grants under this
subsection shall be used to assist in carrying out a project
for construction, reconstruction, repair, or clearance of
housing, facilities and improvements in or serving a
manufactured housing community that is necessary to protect
the health and safety of the residents of the manufactured
housing community and the long-term sustainability of the
community.
(d) Waivers.--The Secretary may waive or specify
alternative requirements for any provision of title I of the
Housing and Community Development Act of 1974 specified in
subsection (a)(1), (a)(2), or (a)(3), or regulation that the
Secretary administers in connection with use of amounts made
available under this section other than requirements related
to fair housing, nondiscrimination, labor standards, and the
environment, upon a finding that the waiver or alternative
requirement is not inconsistent with the overall purposes of
such Act and that the waiver or alternative requirement is
necessary to facilitate the use of amounts made available
under this section.
(e) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Colonia area.--The term ``colonia area'' means any
census tract that--
(A) is an area of the United States within 150 miles of the
contiguous border between the United States and Mexico,
except as otherwise determined by the Secretary; and
(B) lacks potable water supply, adequate sewage systems, or
decent, safe, sanitary housing, or other objective criteria
as approved by the Secretary.
(2) Eligible manufactured home community.--The term
``eligible manufactured home community'' means a community
that--
(A) is affordable to low- and moderate-income persons (as
such term is defined in section 102(a) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302(a))); and
(B)(i) is owned by the residents of the manufactured
housing community through a resident-controlled entity, as
defined by the Secretary, in which at least two-thirds of
residents are member-owners of the land-owning entity; or
(ii) will be maintained as such a community, and remain
affordable for low- and moderate-income families, to the
maximum extent practicable and for the longest period
feasible.
(3) Eligible recipient.--The term ``eligible recipient''
means a partnership of--
(A) a grantee under paragraph (2) or (4) of section 106(a)
or section 106(d) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5306(a)(2), (a)(4), and (d)); and
(B) an eligible manufactured home community, a nonprofit
entity, or a consortia of nonprofit entities working with an
eligible manufactured home community.
(4) Manufactured home community.--The term ``manufactured
home community'' means any community, court, or park equipped
to accommodate manufactured homes for which pad sites, with
or without existing manufactured homes or other allowed
homes, or other suitable sites, are used primarily for
residential purposes, with any additional requirements as
determined by the Secretary, including any manufactured
housing community as such term is used for purposes of the
program of the Federal National Mortgage Association for
multifamily loans for manufactured housing communities and
the program of the Federal Home Loan Mortgage Corporation for
loans for manufactured housing communities.
(f) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40102. LEAD-BASED PAINT HAZARD CONTROL AND HOUSING-
RELATED HEALTH AND SAFETY HAZARD MITIGATION IN
HOUSING OF FAMILIES WITH LOWER INCOMES.
(a) Appropriation.--In addition to amounts otherwise made
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $3,425,000,000 for grants to States, units of general
local government, Indian tribes or their tribally designated
housing entities, and nonprofit organizations for the
activities under subsection (c) in target housing units that
do not receive Federal housing assistance other than
assistance provided under subsection 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)), excluding
paragraph (o)(13) of such section, and common areas servicing
such units, where low-income families reside or are expected
to reside;
(2) $250,000,000 for grants to States or units of general
local government or nonprofit entities for the activities in
subsection (c) in target housing units, and common areas
servicing such units, that are being assisted under the
Weatherization Assistance Program authorized under part A of
title IV of the Energy Conservation and Production Act (42
U.S.C. 6861-6872) but are not assisted under any other
Federal housing program other than subsection 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)),
excluding paragraph 8(o)(13) of such section;
[[Page H6450]]
(3) $1,000,000,000 for grants to owners of a property
receiving project-based rental assistance under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f),
including under subsection (o)(13) of such section, that
meets the definition of target housing and that has not
received a grant for similar purposes under this Act, for the
activities in subsection (c), except for abatement of lead-
based paint by enclosure or encapsulation, or interim
controls of lead-based paint hazards in target housing units
receiving such assistance and common areas servicing such
units;
(4) $75,000,000 for costs related to training and technical
assistance to support identification and mitigation of lead
and housing-related health and safety hazards, research, and
evaluation; and
(5) $250,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section, and the Secretary's lead hazard reduction and
related programs generally including information technology,
financial reporting, research and evaluations, other cross-
program costs in support of programs administered by the
Secretary in this title, and other costs.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Terms and Conditions.--
(1) Income eligibility determinations.--The Secretary may
make income determinations of eligibility for enrollment of
housing units for assistance under this section that are
consistent with eligibility requirements for grants awarded
under other Federal means-tested programs, provided such
determination does not require additional action by other
Federal agencies.
(2) Housing families with young children.--An owner of
rental property that receives assistance under subsection
(a)(3) shall give priority in renting units for which the
lead-based paint has been abated pursuant to subsection
(a)(3), for not less than 3 years following the completion of
lead abatement activities, to families with a child under the
age of 6 years.
(3) Administrative expenses.--A recipient of a grant under
this section may use up to 10 percent of the grant for
administrative expenses associated with the activities funded
by this section.
(c) Eligible Activities.--Grants awarded under this section
shall be used for purposes of building capacity and
conducting activities relating to testing, evaluating, and
mitigating lead-based paint, lead-based paint hazards, and
housing-related health and safety hazards; outreach,
education, and engagement with community stakeholders,
including stakeholders in disadvantaged communities; program
evaluation and research; grant administration, and other
activities that directly or indirectly support the work under
this section, as applicable, that without which such
activities could not be conducted.
(d) Definitions.--For purposes of this section, the
following definitions, and definitions in paragraphs (1),
(2), (3), (5), (6), (7), (10) through (17), and (20) through
(27) of section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. 4851b(1)-(3), 42
U.S.C. 4851b(5)-(7), 42 U.S.C. 4851b(10)-(17). 42 U.S.C.
4851b(20)-(27), shall apply:
(1) Nonprofit; nonprofit organization.--The terms
``nonprofit'' and ``nonprofit organization'' mean a
corporation, community chest, fund, or foundation not
organized for profit, but organized and operated exclusively
for religious, charitable, scientific, testing for public
safety, literary, or educational purposes; or an organization
not organized for profit but operated exclusively for the
promotion of social welfare.
(2) Public housing; public housing agency; low-income
family.--The terms ``public housing'', ``public housing
agency'', and ``low-income family'' have the same meaning
given such terms in section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)).
(3) State; unit of general local government.--The terms
``State'' and ``unit of general local government'' have the
same meaning given such terms in section 102 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302).
(e) Grant Compliance.--For any grant of assistance under
this section, a State or unit of general local government may
assume responsibilities for elements of grant compliance,
regardless of whether it is the grant recipient, if the State
or unit of general local government is permitted to assume
responsibility for the applicable element of grant compliance
for grants for which it is the recipient under section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of
1992 (42 U.S.C. 4852).
(f) Implementation.--The Secretary shall have the authority
to issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40103. UNLOCKING POSSIBILITIES PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated--
(1) $1,646,000,000 for awarding grants under section 101,
102, 103, 104(a) through 104(i), 104(l), 104(m), 105(a)
through 105(g), 106(a)(2), 106(a)(4), 106(b) through 106(f),
109, 110, 111, 113, 115, 116, 120, and 122 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301, 5302,
5303, 5304(a)-(i), 5304(l), 5304(m), 5305(a)-(g), 5306(a)(2),
5306(a)(4), 5306(b)-(f), 5309, 5310, 5311, 5313, 5315, 5316,
5319, and 5321) awarded on a competitive basis to eligible
recipients to carry out grants under subsection (c) of this
section;
(2) $8,000,000 for research and evaluation related to
housing planning and other associated costs;
(3) $30,000,000 to provide technical assistance to grantees
or applicants for grants made available by this section; and
(4) $66,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and community and economic development programs
overseen by the Secretary generally, including information
technology, financial reporting, research and evaluations,
and other cross-program costs in support of programs
administered by the Secretary in this title, and other costs.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Program Establishment.--The Secretary of Housing and
Urban Development shall establish a competitive grant program
for--
(1) planning grants to develop and evaluate housing plans
and substantially improve housing strategies;
(2) streamlining regulatory requirements and shorten
processes, reform zoning codes, increasing capacity to
conduct housing inspections, or other initiatives that reduce
barriers to housing supply elasticity and affordability;
(3) developing and evaluating local or regional plans for
community development to substantially improve community
development strategies related to sustainability, fair
housing, and location efficiency;
(4) implementation and livable community investment grants;
and
(5) research and evaluation.
(c) Grants.--
(1) Planning grants.--The Secretary shall, under selection
criteria determined by the Secretary, award grants under this
paragraph on a competitive basis to eligible entities to
assist planning activities, including administration of such
activities, engagement with community stakeholders and
housing practitioners, to--
(A) develop housing plans;
(B) substantially improve State or local housing
strategies;
(C) develop new regulatory requirements and processes,
reform zoning codes, increasing capacity to conduct housing
inspections, or undertake other initiatives to reduce
barriers to housing supply elasticity and affordability;
(D) develop local or regional plans for community
development; and
(E) substantially improve community development strategies,
including strategies to increase availability and access to
affordable housing, to further access to public
transportation or to advance other sustainable or location-
efficient community development goals.
(2) Implementation and livable community investment
grants.--The Secretary shall award implementation grants
under this paragraph on a competitive basis to eligible
entities for the purpose of implementing and administering--
(A) completed housing strategies and housing plans and any
planning to affirmatively further fair housing within the
meaning of subsections (d) and (e) of section 808 of the Fair
Housing Act (42 U.S.C. 608) and applicable regulations and
for community investments that support the goals identified
in such housing strategies or housing plans;
(B) new regulatory requirements and processes, reformed
zoning codes, increased capacity to conduct housing
inspections, or other initiatives to reduce barriers to
housing supply elasticity and affordability that are
consistent with a plan under subparagraph (A);
(C) completed local or regional plans for community
development and any planning to increase availability and
access to affordable housing, access to public transportation
and other sustainable or location-efficient community
development goals.
(d) Coordination With FTA Administrator.--To the extent
practicable, the Secretary shall coordinate with the Federal
Transit Administrator in carrying out this section.
(e) Definitions.--For purposes of this section, the
following definitions apply:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State, insular area, metropolitan city, or urban
county, as such terms are defined in section 102 of the
Housing and Community Development Act of 1974 (42 U.S.C.
5302); or
(B) for purposes of grants under subsection (b)(1), a
regional planning agency or consortia.
(2) Housing plan; housing strategy.--
(A) Housing plan.--The term ``housing plan'' means a plan
of an eligible entity to, with respect to the area within the
jurisdiction of the eligible entity--
(i) match the creation of housing supply to existing demand
and projected demand growth in the area, with attention to
preventing displacement of residents, reducing the
concentration of poverty, and meaningfully reducing and not
perpetuating housing segregation on the basis of race, color,
religion, natural origin, sex, disability, or familial
status;
(ii) increase the affordability of housing in the area,
increase the accessibility of housing in the area for people
with disabilities, including location-efficient housing, and
preserve or improve the quality of housing in the area;
(iii) reduce barriers to housing development in the area,
with consideration for location efficiency, affordability,
and accessibility; and
(iv) coordinate with the metropolitan transportation plan
of the area under the jurisdiction of the eligible entity, or
other regional plan.
(B) Housing strategy.--The term ``housing strategy'' means
the housing strategy required under section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12705).
(f) Costs to Grantees.--Up to 15 percent of a recipient's
grant may be used for administrative costs.
(g) Rules of Construction.--
[[Page H6451]]
(1) In general.-- Except as otherwise provided by this
section, amounts appropriated or otherwise made available
under this section shall be subject to the community
development block grant program requirements under subsection
(a)(1).
(2) Exceptions.--
(A) Housing construction.--Expenditures on new construction
of housing shall be an eligible expense under this section.
(B) Buildings for general conduct of government.--
Expenditures on building for the general conduct of
government, other than the Federal Government, shall be
eligible under this section when necessary and appropriate as
a part of a natural hazard mitigation project.
(h) Waivers.--The Secretary may waive or specify
alternative requirements for any provision of subsection
(a)(1) or regulation for the administration of the amounts
made available under this section other than requirements
related to fair housing, nondiscrimination, labor standards,
and the environment, upon a finding that the waiver or
alternative requirement is not inconsistent with the overall
purposes of such Act and that the waiver or alternative
requirement is necessary to facilitate the use of amounts
made available under this section.
(i) Implementation.--The Secretary shall have the authority
to issue such regulations notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40104. STRENGTHENING RESILIENCE UNDER NATIONAL FLOOD
INSURANCE PROGRAM.
(a) NFIP Program Activities.--
(1) Cancellation.--All indebtedness of the Administrator of
the Federal Emergency Management Agency under any notes or
other obligations issued pursuant to section 1309(a) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) and
section 15(e) of the Federal Insurance Act of 1956 (42 U.S.C.
2414(e)), and outstanding as of the date of the enactment of
this Act, is hereby cancelled, the Administrator and the
National Flood Insurance Fund are relieved of all liability
under any such notes or other obligations, including for any
interest due, including capitalized interest, and any other
fees and charges payable in connection with such notes and
obligations.
(2) Use of savings for flood mapping.--In addition to
amounts otherwise available, for each of fiscal years 2022
and 2023, an amount equal to the interest the National Flood
Insurance Program would have accrued from servicing the
canceled debt under paragraph (1) in that fiscal year, which
shall be derived from offsetting amounts collected under
section 1310(d) of the National Flood Insurance Act of 1968
(42 U.S.C. 4017(d)) and shall remain available until expended
for activities identified in section 100216 (b)(1)(A) of the
Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C.
4101b(b)(1)(A)) and related salaries and administrative
expenses.
(b) Means-tested Assistance for National Flood Insurance
Program Policyholders.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Administrator of the
Federal Emergency Management Agency for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$600,000,000, to remain available until September 30, 2026,
to provide assistance to eligible policyholders in the form
of graduated discounts for insurance costs with respect to
covered properties.
(2) Terms and conditions.--
(A) Discounts.--The Administrator shall use funds provided
under this subsection to establish graduated discounts
available to eligible policyholders under this subsection,
with respect to covered properties, which may be based on the
following factors:
(i) The percentage by which the household income of the
eligible policyholder is equal to, or less than, 120 percent
of the area median income for the area in which the property
to which the policy applies is located.
(ii) The number of eligible policyholders participating in
the program authorized under this subsection.
(iii) The availability of funding.
(B) Distribution of premium.--With respect to the amount of
the discounts provided under this subsection in a fiscal
year, and any administrative expenses incurred in carrying
out this subsection for that fiscal year, the Administrator
shall, from amounts made available to carry out this
subsection for that fiscal year, deposit in the National
Flood Insurance Fund established under section 1310 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017) an
amount equal to those discounts and administrative expenses,
except to the extent that section 1310A of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017a) applies to any
portion of those discounts or administrative expenses, in
which case the Administrator shall deposit an amount equal to
those amounts to which such section 1310A applies in the
National Flood Insurance Reserve Fund established under such
section 1310A.
(C) Requirement on timing.--Not later than 21 months after
the date of the enactment of this section, the Administrator
shall issue interim guidance to implement this subsection
which shall expire on the later of--
(i) the date that is 60 months after the date of the
enactment of this section; or
(ii) the date on which a final rule issued to implement
this subsection takes effect.
(3) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(B) Covered property.--The term ``covered property''
means--
(i) a primary residential dwelling designed for the
occupancy of from 1 to 4 families; or
(ii) personal property relating to a dwelling described in
clause (i) or personal property in the primary residential
dwelling of a renter.
(C) Eligible policyholder.--The term ``eligible
policyholder'' means a policyholder with a household income
that is not more than 120 percent of the area median income
for the area in which the property to which the policy
applies is located.
(D) Insurance costs.--The term ``insurance costs'' means
insurance premiums, fees, and surcharges charged under the
National Flood Insurance Program, with respect to a covered
property for a year.
SEC. 40105. COMMUNITY RESTORATION AND REVITALIZATION FUND.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Community Restoration
and Revitalization Fund established under subsection (b) for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, to remain available until September
30, 2031--
(1) $2,000,000,000 for awards of planning and
implementation grants under section 101, 102, 103, 104(a)
through 104(i), 104(l), 104(m), 105(a) through 105(g),
106(a)(2), 106(a)(4), 106(b) through 106(f), 109, 110, 111,
113, 115, 116, 120, and 122 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301, 5302, 5303, 5304(a)-
(i), 5304(l), 5304(m), 5305(a)-(g), 5306(a)(2), 5306(a)(4),
5306(b)-(f), 5309, 5310, 5311, 5313, 5315, 5316, 5319, and
5321), awarded on a competitive basis to eligible recipients,
as defined under subsection (c)(2) of this section, to carry
out community-led projects to create equitable civic
infrastructure and create or preserve affordable, accessible
housing, including creating, expanding, and maintaining
community land trusts and shared equity homeownership
programs;
(2) $500,000,000 for planning and implementation grants
under section 101, 102, 103, 104(a) through 104(i), 104(l),
104(m), 105(a) through 105(g), 106(a)(2), 106(a)(4), 106(b)
through 106(f), 109, 110, 111, 113, 115, 116, 120, and 122 of
the Housing and Community Development Act of 1974 (42 U.S.C.
5301, 5302, 5303, 5304(a)-(i), 5304(l), 5304(m), 5305(a)-(g),
5306(a)(2) 5306(a)(4), 5306(b)-(f), 5309, 5310, 5311, 5313,
5315, 5316, 5319, and 5321), awarded on a competitive basis
to eligible recipients to create, expand, and maintain
community land trusts and shared equity homeownership,
including through the acquisition, rehabilitation, and new
construction of affordable, accessible housing;
(3) $400,000,000 for the Secretary to provide technical
assistance, capacity building, and program support to
applicants, potential applicants, and recipients of amounts
appropriated for grants under this section; and
(4) $100,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and community and economic development programs
overseen by the Secretary generally, including information
technology, financial reporting, research and evaluations,
and other cross-program costs in support of programs
administered by the Secretary in this title, and other costs.
(b) Establishment of Fund.--The Secretary of Housing and
Urban Development (in this section referred to as the
``Secretary'') shall establish a Community Restoration and
Revitalization Fund (in this section referred to as the
``Fund'') to award planning and implementation grants on a
competitive basis to eligible recipients as defined in this
section for activities authorized under subsections (a)
through (g) of section 105 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305) and under this
section for community-led affordable housing and civic
infrastructure projects.
(c) Eligible Geographical Areas, Recipients, and
Applicants.--
(1) Geographical areas.--The Secretary shall award grants
from the Fund to eligible recipients within geographical
areas at the neighborhood, county, or census tract level,
including census tracts adjacent to the project area that are
areas in need of investment, as demonstrated by two or more
of the following factors:
(A) High and persistent rates of poverty.
(B) Population at risk of displacement due to rising
housing costs.
(C) Dwelling unit sales prices that are lower than the cost
to acquire and rehabilitate, or build, a new dwelling unit.
(D) High proportions of residential and commercial
properties that are vacant due to foreclosure, eviction,
abandonment, or other causes.
(E) Low rates of homeownership by race and ethnicity,
relative to the national homeownership rate.
(2) Eligible recipient.--An eligible recipient of a
planning or implementation grant under subsection (a)(1) or
an implementation grant under subsection (a)(2) shall be a
local partnership of a lead applicant and one or more joint
applicants with the ability to administer the grant. An
eligible recipient of a planning grant under subsection
(b)(1) shall be a lead applicant with the ability to
administer the grant, including a regional, State, or
national nonprofit.
(d) Eligible Recipients and Applicants.--
(1) Lead applicant.--An eligible lead applicant for a grant
awarded under this section shall be an entity that is located
within or serves the geographic area of the project, or
derives its mission and operational priorities from the needs
of the geographic area of the project, demonstrates a
commitment to anti-displacement efforts, and that is--
(A) a nonprofit organization that has expertise in
community planning, engagement, organizing, housing and
community development;
(B) a community development corporation;
(C) a community housing development organization;
(D) a community-based development organization; or
[[Page H6452]]
(E) a community development financial institution, as
defined by section 103 of the Riegle Community Development
and Regulatory Improvement Act of 1994 (12 U.S.C. 4702).
(2) Joint applicants.--A joint applicant shall be an entity
eligible to be a lead applicant in paragraph (1), or a local,
regional, or national--
(A) nonprofit organization;
(B) community development financial institution;
(C) unit of general local government;
(D) Indian tribe;
(E) State housing finance agency;
(F) land bank;
(G) fair housing enforcement organization (as such term is
defined in section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a));
(H) public housing agency;
(I) tribally designated housing entity; or
(J) philanthropic organization.
(3) Lack of local entity.--A regional, State, or national
nonprofit organization may serve as a lead entity if there is
no local entity that meets the geographic requirements in
paragraph (1).
(e) Uses of Funds.--
(1) In general.--Planning and implementation grants awarded
under this section shall be used to support civic
infrastructure and housing-related activities.
(2) Implementation grants.--Implementation grants awarded
under this section may be used for activities eligible under
subsections (a) through (g) of section 105 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305) and other
activities to support civic infrastructure and housing-
related activities, including--
(A) new construction of housing;
(B) demolition of abandoned or distressed structures, but
only if such activity is part of a strategy that incorporates
rehabilitation or new construction, anti-displacement efforts
such as tenants' right to return and right of first refusal
to purchase, and efforts to increase affordable, accessible
housing and homeownership, except that not more than 10
percent of any grant made under this section may be used for
activities under this subparagraph unless the Secretary
determines that such use is to the benefit of existing
residents;
(C) facilitating the creation, maintenance, or availability
of rental units, including units in mixed-use properties,
affordable and accessible to a household whose income does
not exceed 80 percent of the median income for the area, as
determined by the Secretary, for a period of not less than 30
years;
(D) facilitating the creation, maintenance, or availability
of homeownership units affordable and accessible to
households whose incomes do not exceed 120 percent of the
median income for the area, as determined by the Secretary;
(E) establishing or operating land banks; and
(F) providing assistance to existing residents experiencing
economic distress or at risk of displacement, including
purchasing nonperforming mortgages and clearing and obtaining
formal title.
(3) Community land trust grants and shared equity
homeownership grants.--An eligible recipient of a community
land trust grant awarded for establishing and operating a
community land trust or shared equity homeownership program;
creation, subsidization, construction, acquisition,
rehabilitation, and preservation of housing in a community
land trust or shared equity homeownership program, and
expanding the capacity of the recipient to carry out the
grant.
(f) Waivers.--The Secretary may waive or specify
alternative requirements for any provision of subsection
(a)(1) or (a)(2), or regulation for the administration of the
amounts made available under this section other than
requirements related to fair housing, nondiscrimination,
labor standards, and the environment, upon a finding that the
waiver or alternative requirement is not inconsistent with
the overall purposes of such Act and that the waiver or
alternative requirement is necessary to expedite or
facilitate the use of amounts made available under this
section.
(g) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Community land trust.--The term ``community land
trust''' means a nonprofit organization or State or local
governments or instrumentalities that--
(A) use a ground lease or deed covenant with an
affordability period of at least 30 years or more to--
(i) make rental and homeownership units affordable to
households; and
(ii) stipulate a preemptive option to purchase the
affordable rentals or homeownership units so that the
affordability of the units is preserved for successive
income-eligible households; and
(B) monitor properties to ensure affordability is
preserved.
(2) Land bank.--The term ``land bank'' means a government
entity, agency, or program, or a special purpose nonprofit
entity formed by one or more units of government in
accordance with State or local land bank enabling law, that
has been designated by one or more State or local governments
to acquire, steward, and dispose of vacant, abandoned, or
other problem properties in accordance with locally-
determined priorities and goals.
(3) Shared equity homeownership program.--The term ``shared
equity homeownership program'' means a program to facilitate
affordable homeownership preservation through a resale
restriction program administered by a community land trust,
other nonprofit organization, or State or local government or
instrumentalities and that utilizes a ground lease, deed
restriction, subordinate loan, or similar mechanism that
includes provisions ensuring that the program shall--
(A) maintain the home as affordable for subsequent very
low-, low-, or moderate-income families for an affordability
term of at least 30 years after recordation;
(B) apply a resale formula that limits the homeowner's
proceeds upon resale; and
(C) provide the program administrator or such
administrator's assignee a preemptive option to purchase the
homeownership unit from the homeowner at resale.
(h) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40106. FAIR HOUSING ACTIVITIES AND INVESTIGATIONS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $540,000,000, to remain available until September 30,
2026, for the Fair Housing Initiatives Program under section
561 of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a) to ensure existing and new fair housing
organizations have expanded and strengthened capacity to
address fair housing inquiries and complaints, conduct local,
regional, and national testing and investigations, conduct
education and outreach activities, and address costs of
delivering or adapting services to meet increased housing
market activity and evolving business practices in the
housing, housing-related, and lending markets. Amounts made
available under this section shall support greater
organizational continuity and capacity, including through up
to 10-year grants; and
(2) $160,000,000, to remain available until September 30,
2031, for the costs to the Secretary of administering and
overseeing the implementation of this section and the Fair
Housing Initiatives and Fair Housing Assistance Programs
generally, including information technology, financial
reporting, research and evaluations, other cross-program
costs in support of programs administered by the Secretary in
this title, and other costs.
(b) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40107. INTERGOVERNMENTAL FAIR HOUSING ACTIVITIES AND
INVESTIGATIONS.
In addition to amounts otherwise available, there is
appropriated to the Secretary of Housing and Urban
Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $75,000,000 for support for cooperative efforts with
State and local agencies administering fair housing laws
under section 817 of the Fair Housing Act (42 U.S.C. 3616) to
assist the Secretary to affirmatively further fair housing,
and for Fair Housing Assistance Program cooperative
agreements with interim certified and certified State and
local agencies, under the requirements of subpart C of part
115 of title 24, Code of Federal Regulations, to ensure
expanded and strengthened capacity of substantially
equivalent agencies to assume a greater share of the
responsibility for the administration and enforcement of fair
housing laws; and
(2) $25,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Fair Housing Assistance and Fair Housing
Initiatives Programs generally, including information
technology, financial reporting, research and evaluations,
other cross-program costs in support of programs administered
by the Secretary in this title, and other costs.
Subtitle C--Homeownership Investments
SEC. 40201. FIRST-GENERATION DOWNPAYMENT ASSISTANCE.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the First Generation
Downpayment Fund to increase equal access to homeownership,
established under subsection (b) for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated--
(1) $6,825,000,000, to remain available until September 30,
2026, for the First-Generation Downpayment Assistance Fund
under this section for allocation to each State in accordance
with a formula established by the Secretary, which shall take
into consideration best available data to approximate the
number of potential qualified homebuyers as defined in
subsection (e)(7) as well as median area home prices, to
carry out the eligible uses of the Fund as described in
subsection (d);
(2) $2,275,000,000, to remain available until September 30,
2026, for the First-Generation Downpayment Assistance Program
under this section for competitive grants to eligible
entities to carry out the eligible uses of the Fund as
described in subsection (d);
(3) $500,000,000, to remain available until September 30,
2031, for the costs of providing housing counseling required
under the First-Generation Downpayment Assistance Program
under subsection (d)(1); and
(4) $400,000,000, to remain available until September 30,
2031, for the costs to the Secretary of Housing and Urban
Development of administering and overseeing the
implementation of the First-Generation Downpayment Assistance
Program, including information technology, financial
reporting, programmatic reporting, research and evaluations,
which shall include the
[[Page H6453]]
program's impact on racial and ethnic disparities in
homeownership rates, technical assistance to recipients of
amounts under this section, and other cross-program costs in
support of programs administered by the Secretary in this
Act, and other costs.
(b) Establishment.--The Secretary of Housing and Urban
Development shall establish and manage a fund to be known as
the First Generation Downpayment Fund (in this section
referred to as the ``Fund'') for the uses set forth in
subsection (d).
(c) Allocation of Funds.--
(1) Initial allocation.--The Secretary shall allocate and
award funding provided by subsection (a) as provided under
such subsection not later than 12 months after the date of
the enactment of this section.
(2) Reallocation.--If a State or eligible entity does not
demonstrate the capacity to expend grant funds provided under
this section, the Secretary may recapture amounts remaining
available to a grantee that has not demonstrated the capacity
to expend such funds in a manner that furthers the purposes
of this section and shall reallocate such amounts among any
other States or eligible entities that have demonstrated to
the Secretary the capacity to expend such amounts in a manner
that furthers the purposes of this section.
(d) Terms and Conditions of Grants Allocated or Awarded
From Fund.--
(1) Uses of funds.--States and eligible entities receiving
grants from the Fund shall use such grants to provide
assistance to or on behalf of a qualified homebuyer who has
completed a program of housing counseling provided through a
housing counseling agency approved by the Secretary or other
adequate homebuyer education before entering into a sales
purchase agreement for--
(A) costs in connection with the acquisition, involving an
eligible mortgage loan, of an eligible home, including
downpayment costs, closing costs, and costs to reduce the
rates of interest on eligible mortgage loans;
(B) subsidies to make shared equity homes affordable to
eligible homebuyers; and
(C) pre-occupancy home modifications to accommodate
qualified homebuyers or members of their household with
disabilities;
(2) Amount of assistance.--Assistance under this section--
(A) may be provided to or on behalf of any qualified
homebuyer;
(B) may be provided to or on behalf of any qualified
homebuyer only once in the form of grants or forgivable, non-
amortizing, non-interest-bearing loans that may only be
required to be repaid pursuant to paragraph (d)(4); and
(C) may not exceed the greater of $20,000 or 10 percent of
the purchase price in the case of a qualified homebuyer, not
to include assistance received under subsection (d)(1)(C) for
disability related home modifications, except that the
Secretary may increase such maximum limitation amounts for
qualified homebuyers who are economically disadvantaged.
(3) Prohibition of priority or recoupment of funds.--In
selecting qualified homebuyers for assistance with grant
amounts under this section, a State or eligible entity may
not provide any priority or preference for homebuyers who are
acquiring eligible homes with a mortgage loan made, insured,
guaranteed, or otherwise assisted by the State housing
finance agency for the State, any other housing agency of the
State, or an eligible entity when applicable, nor may the
State or eligible entity seek to recoup any funds associated
with the provision of downpayment assistance to the qualified
homebuyer, whether through premium pricing or otherwise,
except as provided in paragraph (4) of this subsection or
otherwise authorized by the Secretary.
(4) Repayment of assistance.--
(A) Requirement.--The Secretary shall require that, if a
homebuyer to or on behalf of whom assistance is provided from
grant amounts under this section fails or ceases to occupy
the property acquired using such assistance as the primary
residence of the homebuyer, except in the case of assistance
provided in connection with the purchase of a principal
residence through a shared equity homeownership program, the
homebuyer shall repay to the State or eligible entity, as
applicable, in a proportional amount of the assistance the
homebuyer receives based on the number of years they have
occupied the eligible home up to 5 years, except that no
assistance shall be repaid if the qualified homebuyer
occupies the eligible home as a primary residence for 5 years
or more.
(B) Limitation.--Notwithstanding subparagraph (A), a
homebuyer to or on behalf of whom assistance is provided from
grant amounts under this section shall not be liable to the
State or eligible entity for the repayment of the amount of
such shortage if the homebuyer fails or ceases to occupy the
property acquired using such assistance as the principal
residence of the homebuyer at least in part because of a
hardship, or sells the property acquired with such assistance
before the expiration of the 60-month period beginning on
such date of acquisition and the capital gains from such sale
to a bona fide purchaser in an arm's length transaction are
less than the amount the homebuyer is required to repay the
State or eligible entity under subparagraph (A).
(5) Reliance on borrower attestations.--No additional
documentation beyond the borrower's attestation shall be
required to demonstrate eligibility under subparagraphs (B)
and (C) of subsection (e)(7) and no State, eligible entity,
or creditor shall be subject to liability based on the
accuracy of such attestation.
(6) Costs to grantee.--States and eligible entities
receiving grants from the Fund may use a portion of such
grants for administrative costs up to the limit specified by
the Secretary.
(e) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a minority depository institution, as such term is
defined in section 308 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note);
(B) a community development financial institution, as such
term is defined in section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4702), that is certified by the Secretary of the Treasury and
targets services to minority and low-income populations or
provides services in neighborhoods having high concentrations
of minority and low-income populations;
(C) any other nonprofit entity that the Secretary finds has
a track record of providing assistance to homeowners, targets
services to minority and low-income or provides services in
neighborhoods having high concentrations of minority and low-
income populations; and
(D) a unit of general local government, as such term is
defined in section 102 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302).
(2) Eligible home.--The term ``eligible home'' means a
residential dwelling that--
(A) consists of 1 to 4 dwelling units; and
(B) will be occupied by the qualified homebuyer as the
primary residence of the homebuyer.
(3) Eligible mortgage loan.--The term ``eligible mortgage
loan'' means a single-family residential mortgage loan that--
(A) meets the underwriting requirements and dollar amount
limitations for acquisition by the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation;
(B) is made, insured, or guaranteed under any program
administered by the Secretary;
(C) is made, insured, or guaranteed by the Rural Housing
Administrator of the Department of Agriculture;
(D) is a qualified mortgage, as such term is defined in
section 129C(b)(2) of the Truth in Lending Act (15 U.S.C.
1639c(b)(2)); or
(E) is made, insured, or guaranteed for the benefit of a
veteran.
(4) First generation homebuyer.--The term ``first-
generation homebuyer'' means a homebuyer that is, as attested
by the homebuyer--
(A) an individual--
(i) whose parents or legal guardians do not, or did not at
the time of their death, to the best of the individual's
knowledge, have any present ownership interest in a residence
in any State, excluding ownership of heir property or
ownership of chattel; and
(ii) whose spouse or domestic partner has not, during the
3-year period ending upon acquisition of the eligible home to
be acquired using such assistance, had any present ownership
interest in a residence in any State, excluding ownership of
heir property or ownership of chattel, whether the individual
is a co-borrower on the loan or not; or
(B) an individual who has at any time been placed in foster
care or institutional care whose spouse or domestic partner
has not, during the 3-year period ending upon acquisition of
the eligible home to be acquired using such assistance, had
any ownership interest in a residence in any State, excluding
ownership of heir property or ownership of chattel, whether
such individuals are co-borrowers on the loan or not.
(5) Heir property.--The term ``heir property'' means
residential property for which title passed by operation of
law through intestacy and is held by two or more heirs as
tenants in common.
(6) Ownership interest .--The term ``ownership interest''
means any ownership, excluding any interest in heir property,
in--
(A) real estate in fee simple;
(B) a leasehold on real estate under a lease for not less
than ninety-nine years which is renewable; or
(C) a fee interest in, or long-term leasehold interest in,
real estate consisting of a one-family unit in a multifamily
project, including a project in which the dwelling units are
attached, or are manufactured housing units, semi-detached,
or detached, and an undivided interest in the common areas
and facilities which serve the project.
(7) Qualified homebuyer.--The term ``qualified homebuyer''
means a homebuyer--
(A) having an annual household income that is less than or
equal to--
(i) 120 percent of median income, as determined by the
Secretary, for--
(I) the area in which the home to be acquired using such
assistance is located; or
(II) the area in which the place of residence of the
homebuyer is located; or
(ii) 140 percent of the median income, as determined by the
Secretary, for the area within which the eligible home to be
acquired using such assistance is located if the homebuyer is
acquiring an eligible home located in a high-cost area;
(B) who is a first-time homebuyer, as such term is defined
in section 104 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12704), except that for the purposes
of this section the reference in such section 104 to title II
shall be considered to refer to this section, and except that
ownership of heir property shall not be treated as owning a
home for purposes of determining whether a borrower qualifies
as a first-time homebuyer; and
(C) who is a first-generation homebuyer.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(9) Shared equity homeownership program.--
(A) In general.--The term ``shared equity homeownership
program'' means affordable homeownership preservation through
a resale restriction program administered by a community land
trust, other nonprofit organization, or State or local
government or instrumentalities.
[[Page H6454]]
(B) Affordability requirements.--Any such program under
subparagraph (A) shall--
(i) provide affordable homeownership opportunities to
households; and
(ii) utilize a ground lease, deed restriction, subordinate
loan, or similar mechanism that includes provisions ensuring
that the program shall--
(I) maintain the homeownership unit as affordable for
subsequent very low-, low-, or moderate-income families for
an affordability term of at least 30 years after recordation;
(II) apply a resale formula that limits the homeowner's
proceeds upon resale; and
(III) provide the program administrator or such
administrator's assignee a preemptive option to purchase the
homeownership unit from the homeowner at resale.
(10) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and American
Samoa.
(f) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40202. HOME LOAN PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any amounts in the Treasury not otherwise appropriated, to
remain available until September 30, 2031--
(1) $4,000,000,000 to the Secretary of Housing and Urban
Development for the cost of guaranteed or insured loans and
other obligations, including the cost of modifying such
loans, under subsection (e)(1)(A);
(2) $500,000,000 to the Secretary of Housing and Urban
Development for costs of carrying out the program under
paragraph (1) and programs of the Federal Housing
Administration and the Government National Mortgage
Association generally, including information technology,
financial reporting, and other cross-program costs in support
of programs administered by the Secretary in this title, and
other costs;
(3) $150,000,000 to the Secretary of Agriculture for the
cost of guaranteed and insured loans and other obligations,
including the cost of modifying such loans, under subsection
(e)(1)(B);
(4) $50,000,000 to the Secretary of Agriculture for the
costs of carrying out the program under paragraph (3) and
programs of the Rural Housing Service generally, including
information technology and financial reporting in support of
the Program administered by the Secretary of Agriculture in
this title; and
(5) $300,000,000 to the Secretary of Treasury for the costs
of carrying out the program under this section.
(b) Use of Funds.--
(1) In general.--
(A) The Secretary of Housing and Urban Development and the
Secretary of Agriculture shall use the funds provided under
subsections (a)(1), (a)(2), (a)(3), and (a)(4) to carry out
the programs under subsections (a)(1) and (a)(3) to make
covered mortgage loans.
(B) The Secretary of the Treasury shall use the funds
provided under subsections (a)(5) and (b)(2) to--
(i) purchase, on behalf of the Secretary of Housing and
Urban Development, securities that are secured by covered
mortgage loans, and sell, manage, and exercise any rights
received in connection with, any financial instruments or
assets acquired pursuant to the authorities granted under
this section, including, as appropriate, establishing and
using vehicles to purchase, hold, and sell such financial
instruments or assets;
(ii) designate one or more banks, security brokers or
dealers, asset managers, or investment advisers, as a
financial agent of the Federal Government to perform duties
related to authorities granted under this section; and
(iii) use the services of the Department of Housing and
Urban Development on a reimbursable basis, and the Secretary
of Housing and Urban Development is authorized to provide
services as requested by the Secretary of Treasury using all
authorities vested in or delegated to the Department of
Housing and Urban Development.
(2) Transfer of amounts to treasury.--Such portions of the
appropriation to the Secretary of Housing and Urban
Development shall be transferred by the Secretary of Housing
and Urban Development to the Department of the Treasury from
time-to-time in an amount equal to, as determined by the
Secretary of the Treasury in consultation with the Secretary
of Housing and Urban Development, the amount necessary for
the purchase of securities under the Program during the
period for which the funds are intended to be available.
(3) Use of proceeds.--Revenues of and proceeds from the
sale, exercise, or surrender of assets purchased or acquired
under the Program under this section shall be available to
the Secretary of the Treasury through September 30, 2031, for
purposes of purchases under subsection (b)(1)(B)(i).
(c) Limitation on Aggregate Loan Insurance or Guarantee
Authority.--The aggregate original principal obligation of
all covered mortgage loans insured or guaranteed under
subsection (e)(1)(A) of this section may not exceed
$48,000,000,000, and under section (e)(1)(B) may not exceed
$12,000,000,000.
(d) GNMA Guarantee Authority and Fee.--To carry out the
purposes of this section, the Government National Mortgage
Association may enter into new commitments to issue
guarantees of securities based on or backed by mortgages
insured or guaranteed under this section, not exceeding
$60,000,000,000, and shall collect guaranty fees consistent
with section 306(g)(1) of the National Housing Act (12 U.S.C.
1721(g)(1)) that are paid at securitization.
(e) Definitions.--In this section:
(1) Covered mortgage loan.--
(A) In general.--The term ``covered mortgage loan'' means,
for purposes of the Program established by the Secretary of
Housing and Urban Development, a mortgage loan that--
(i) is insured by the Federal Housing Administration
pursuant to section 203(b) of the National Housing Act,
subject to the eligibility criteria set forth in this
subsection, and has a case number issued on or before
December 31, 2029;
(ii) is made for an original term of 20 years with a
monthly mortgage payment of principal and interest that is
not more than 110 percent and not less than 100 percent of
the monthly payment of principal, interest, and periodic
mortgage insurance premium associated with a newly originated
30-year mortgage loan with the same loan balance insured by
the agency as determined by the Secretary;
(iii) subject to subparagraph (C) of this paragraph and
notwithstanding section 203(c)(2) of the National Housing Act
(12 U.S.C. 1709(c)(2)), has a mortgage insurance premium of
not more than 4 percent of the loan balance that is paid at
closing, financed into the principal balance of the loan,
paid through an annual premium, or a combination thereof;
(iv) involves a rate of interest that is fixed over the
term of the mortgage loan; and
(v) is secured by a single-family residence that is the
principal residence of an eligible homebuyer.
(B) The term ``covered mortgage loan'' means, for purposes
of the Program established by the Secretary of Agriculture, a
loan guaranteed under section 502(h) of the Housing Act of
1949 (42 U.S.C. 1472(h)) that--
(i) notwithstanding section 502(h)(7)(A) of the Housing Act
of 1949 (42 U.S.C. 1472(h)(7)(A)), is made for an original
term of 20 years with a monthly mortgage payment of principal
and interest that is not more than 110 percent and not less
than 100 percent of the monthly payment of principal,
interest, and loan guarantee fee associated with a newly
originated 30-year mortgage loan with the same loan balance
guaranteed by the agency as determined by the Secretary; and
(ii) subject to subparagraph (C) of this paragraph and
notwithstanding section 502(h)(8)(A) of the Housing Act of
1949 (42 U.S.C. 1472(h)(8)(A)), has a loan guarantee fee of
not more than 4 percent of the principal obligation of the
loan.
(C) Waiver and alternative requirements.--The Secretary of
Housing and Urban Development and the Secretary of
Agriculture, in consultation with the Secretary of the
Treasury, and notwithstanding paragraph (8)(A) of section
502(h) of the Housing Act of 1949 (42 U.S.C. 1472(h)(8)(A))
for purposes of the Program established by the Secretary of
Agriculture, may waive or specify alternative requirements
for subsection (e)(1)(A)(ii) or (e)(1)(B)(i) for covered
mortgage loans in connection with the use of amounts made
available under this section upon a finding that the waiver
or alternative requirement is necessary to facilitate the use
of amounts made available under this section.
(2) Eligible homebuyer.--The term ``eligible homebuyer''
means an individual who--
(A) for purposes of the Program established by the
Secretary of Housing and Urban Development--
(i) has an annual household income that is less than or
equal to--
(I) 120 percent of median income for the area, as
determined by the Secretary of Housing and Urban Development
for--
(aa) the area in which the home to be acquired using such
assistance is located; or
(bb) the area in which the place of residence of the
homebuyer is located; or
(II) if the homebuyer is acquiring an eligible home that is
located in a high-cost area, 140 percent of the median
income, as determined by the Secretary, for the area within
which the eligible home to be acquired using assistance
provided under this section is located;
(ii) is a first-time homebuyer, as defined in paragraph (4)
of this subsection; and
(iii) is a first-generation homebuyer as defined in
paragraph (3) of this subsection;
(B) for purposes of the Program established by the
Secretary of Agriculture--
(i) meets the applicable requirements in section 502(h) of
the Housing Act of 1949 (42 U.S.C. 1472(h)); and
(ii) is a first-time homebuyer as defined in paragraph (4)
of this subsection and a first-generation homebuyer as
defined in paragraph (3) of this subsection.
(3) First-generation homebuyer.--The term ``first-
generation homebuyer'' means a homebuyer that, as attested by
the homebuyer, is--
(A) an individual--
(i) whose parents or legal guardians do not, or did not at
the time of their death, to the best of the individual's
knowledge, have any present ownership interest in a residence
in any State or ownership of chattel, excluding ownership of
heir property; and
(ii) whose spouse, or domestic partner has not, during the
3-year period ending upon acquisition of the eligible home to
be acquired using such assistance, have any present ownership
interest in a residence in any State, excluding ownership of
heir property or ownership of chattel, whether the individual
is a co-borrower on the loan or not; or
(B) an individual who has at any time been placed in foster
care or institutional care whose spouse or domestic partner
has not, during the 3-year period ending upon acquisition of
the eligible home to be acquired using such assistance, had
any ownership interest in a residence in any State, excluding
ownership of heir property
[[Page H6455]]
or ownership of chattel, whether such individuals are co-
borrowers on the loan or not.
(4) First-time homebuyer.--The term ``first-time
homebuyer'' means a homebuyer as defined in section 104 of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12704), except that for the purposes of this section
the reference in such section 12704(14) to title II shall be
considered to refer to this section, and except that
ownership of heir property shall not be treated as owning a
home for purposes of determining whether a borrower qualifies
as a first-time homebuyer.
(5) Heir property.--The term ``heir property'' means
residential property for which title passed by operation of
law through intestacy and is held by two or more heirs as
tenants in common.
(6) Ownership interest.--The term ``ownership interest''
means any ownership, excluding any interest in heir property,
in--
(A) real estate in fee simple;
(B) a leasehold on real estate under a lease for not less
than ninety-nine years which is renewable; or
(C) a fee interest in, or long-term leasehold interest in,
real estate consisting of a one-family unit in a multifamily
project, including a project in which the dwelling units are
attached, or are manufactured housing units, semi-detached,
or detached, and an undivided interest in the common areas
and facilities which serve the project.
(7) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, the Virgin Islands, American Samoa, the Trust
Territory of the Pacific Islands, and any other territory or
possession of the United States.
(f) Reliance on Borrower Attestations.--No additional
documentation beyond the borrower's attestation shall be
required to demonstrate eligibility under clauses (ii) and
(iii) of subsection (e)(2)(A) and clause (ii) of subsection
(e)(2)(B) and no State, eligible entity, or creditor shall be
subject to liability based on the accuracy of such
attestation.
(g) Implementation.--The Secretary of Housing and Urban
Development, the Secretary of Agriculture, and the Secretary
of Treasury shall have authority to issue such regulations,
notices, or other guidance, forms, instructions, and
publications to carry out the programs, projects, or
activities authorized under this section to ensure that such
programs, projects, or activities are completed in a timely
and effective manner.
SEC. 40203. HUD-INSURED SMALL DOLLAR MORTGAGE DEMONSTRATION
PROGRAM.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2031--
(1) $76,000,000 for a program to increase access to small-
dollar mortgages, as defined in subsection (b), which may
include payment of incentives to lenders, adjustments to
terms and costs, individual financial assistance, technical
assistance to lenders and certain financial institutions to
help originate loans, lender and borrower outreach, and other
activities;
(2) $10,000,000 for the cost of insured or guaranteed
loans, including the cost of modifying loans; and
(3) $14,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and programs in the Office of Housing generally,
including information technology, financial reporting,
research and evaluations, fair housing and fair lending
compliance, and other cross-program costs in support of
programs administered by the Secretary in this title, and
other costs.
(b) Small-dollar Mortgage.--For purposes of this section,
the term ``small-dollar mortgage'' means a forward mortgage
that--
(1) has an original principal balance of $100,000 or less;
(2) is secured by a one- to four-unit property that is the
mortgagor's principal residence; and
(3) is insured or guaranteed by the Secretary.
(c) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
SEC. 40204. INVESTMENTS IN RURAL HOMEOWNERSHIP.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Rural Housing Service
of the Department of Agriculture for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, to
remain available until expended--
(1) $90,000,000 for providing single family housing repair
grants under section 504(a) of the Housing Act of 1949 (42
U.S.C. 1474(a)), subject to the terms and conditions in
subsection (b) of this section;
(2) $10,000,000 for administrative expenses of the Rural
Housing Service of the Department of Agriculture that in
whole or in part support activities funded by this section
and related activities.
(b) Terms and Conditions.--
(1) Eligibility.--Eligibility for grants from amounts made
available by subsection (a)(1) shall not be subject to the
limitations in section 3550.103(b) of title 7, Code of
Federal Regulations.
(2) Uses.--Notwithstanding the limitations in section
3550.102(a) of title 7, Code of Federal Regulations, grants
from amounts made available by subsection (a)(2) shall be
available for the eligible purposes in section 3550.102(b) of
title 7, Code of Federal Regulations.
(c) Implementation.--The Administrator of the Rural Housing
Service shall have authority to issue such regulations,
notices, or other guidance, forms, instructions, and
publications to carry out the programs, projects, or
activities authorized under this section to ensure that such
programs, projects, or activities are completed in a timely
and effective manner.
Subtitle D--HUD Administration, Capacity Building, Technical
Assistance, and Agency Oversight
SEC. 40301. PROGRAM ADMINISTRATION, TRAINING, TECHNICAL
ASSISTANCE, CAPACITY BUILDING, AND OVERSIGHT.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,--
(1) $949,250,000 to the Secretary of Housing and Urban
Development for--
(A) the costs to the Secretary of administering and
overseeing the implementation of this title and the
Department's programs generally, including information
technology, inspections of housing units, research and
evaluation, financial reporting, and other costs; and
(B) new awards or increasing prior awards to provide
training, technical assistance, and capacity building related
to the Department's programs, including direct program
support to program recipients throughout the country,
including insular areas, that require such assistance with
daily operations;
(2) $43,250,000 to the Office of Inspector General of the
Department of Housing and Urban Development for necessary
salaries and expenses for conducting oversight of amounts
provided by this title;
(3) $5,000,000 to the Office of Inspector General of the
Department of the Treasury for necessary salaries and
expenses for conducting oversight of amounts provided by this
title; and
(4) $2,500,000 to the Office of Inspector General of the
Department of the Agriculture for necessary salaries and
expenses for conducting oversight of amounts provided by this
title.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Implementation.--The Secretary of Housing and Urban
Development shall have authority to issue such regulations,
notices, or other guidance, forms, instructions, and
publications to carry out the programs, projects, or
activities authorized under this section to ensure that such
programs, projects, or activities are completed in a timely
and effective manner.
SEC. 40302. COMMUNITY-LED CAPACITY BUILDING.
(a) Appropriation.--In addition to amounts otherwise made
available, there is appropriated to the Secretary of Housing
and Urban Development (in this section referred to as the
``Secretary'') for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $90,000,000 for competitively awarded funds for
technical assistance and capacity building to non-Federal
entities, including grants awarded to nonprofit organizations
to provide technical assistance activities to community
development corporations, community housing development
organizations, community land trusts, nonprofit organizations
in insular areas, and other mission-driven and nonprofit
organizations that target services to low-income and socially
disadvantaged populations, and provide services in
neighborhoods having high concentrations of minority, low-
income, or socially disadvantaged populations to--
(A) provide training, education, support, and advice to
enhance the technical and administrative capabilities of
community development corporations, community housing
development organizations, community land trusts, and other
mission-driven and nonprofit organizations undertaking
affordable housing development, acquisition, preservation, or
rehabilitation activities;
(B) provide predevelopment assistance to community
development corporations, community housing development
organizations, and other mission-driven and nonprofit
organizations undertaking affordable housing development,
acquisition, preservation, or rehabilitation activities; and
(C) carry out such other activities as may be determined by
the grantees in consultation with the Secretary; and
(2) $10,000,000 for the costs to the Secretary of
administering and overseeing the implementation of this
section and the Department's technical assistance programs
generally, including information technology, research and
evaluations, financial reporting, and other cross-program
costs in support of programs administered by the Secretary in
this title and other costs.
Amounts appropriated by this section shall remain available
until September 30, 2031.
(b) Implementation.--The Secretary shall have authority to
issue such regulations, notices, or other guidance, forms,
instructions, and publications to carry out the programs,
projects, or activities authorized under this section to
ensure that such programs, projects, or activities are
completed in a timely and effective manner.
Subtitle E--Economic Development
SEC. 40401. MINORITY BUSINESS DEVELOPMENT AGENCY.
In addition to amounts otherwise available, there is
appropriated to the Minority Business Development Agency of
the Department of Commerce for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated--
(1) $200,000,000, to remain available until September 30,
2026, for entering into agreements with minority-serving
institutions of higher education or consortiums of
institutions of higher education that are led by minority-
serving institutions of higher education to operate a rural
business center to assist minority business enterprises
located in rural areas, priority for which shall be given to
institutions that have financial need and are located in
areas that have a significant population of socially or
economically disadvantaged individuals; and
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(2) $1,000,000,000, to remain available until September 30,
2026, for entering into grants and agreements to--
(A) assist the formation and growth of minority business
enterprises;
(B) establish and provide Federal assistance to minority
business centers, specialty centers, and minority business
enterprises;
(C) make grants to private, nonprofit organizations that
can demonstrate that a primary activity of the organization
is to provide services to minority business enterprises,
priority for which shall be given to organizations located in
a Federally recognized area of economic distress; and
(D) provide grants and assistance to minority-serving
institutions of higher education to develop and implement
entrepreneurship curricula and participate in the business
center program of the Minority Business Development Agency;
and
(3) $400,000,000, to remain available until September 30,
2029, to--
(A) establish not less than 5 regional offices of the
Minority Business Development Agency, 1 of which shall be
established in each region of the United States, as
determined by the Secretary;
(B) assist the formation and growth of minority business
enterprises;
(C) collect data relating to the needs and development of
minority business enterprises;
(D) annually review the status of problems and programs
relating to capital formation by minority business
enterprises; and
(E) carry out this section.
SEC. 40402. ENHANCED USE OF DEFENSE PRODUCTION ACT OF 1950.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money at the Treasury not otherwise appropriated,
$500,000,000, to remain available until September 30, 2025,
to carry out the Defense Production Act of 1950 in accordance
with subsection (b).
(b) Use.--Amounts appropriated by subsection (a) shall be
used to create, maintain, protect, expand, or restore the
domestic industrial base capabilities essential for national
and economic security.
SEC. 40403. SUPPORTING FACTORY-BUILT HOUSING THROUGH SSBCI.
(a) In General.--Section 3009 of the State Small Business
Credit Initiative Act of 2010 (12 U.S.C. 5708) is amended--
(1) in subsection (c), by striking ``at the end of the 7-
year period beginning on March 11, 2021'' and inserting ``on
September 30, 2030''; and
(2) by adding at the end the following:
``(f) Additional Technical Assistance With Respect to
Factory-built Housing Sector.--The Secretary shall contract
with legal, accounting, and financial advisory firms to
provide technical assistance to existing and prospective
business enterprises within the factory-built housing sector
applying to--
``(1) State programs under the Program; and
``(2) other State or Federal programs that support small
businesses.''.
(b) Appropriation.--In addition to amounts otherwise
available, there is hereby appropriated to the Secretary of
the Treasury for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $25,000,000, to remain
available until September 30, 2030, to carry out the
amendments made by subsection (a).
TITLE V--COMMITTEE ON HOMELAND SECURITY
SEC. 50001. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.
(a) Improving Federal System Cybersecurity.--In addition to
amounts otherwise made available, there is appropriated to
the Cybersecurity and Infrastructure Security Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available
until September 30, 2031, for cybersecurity risk mitigation.
(b) Cybersecurity Training.--In addition to amounts
otherwise made available, there is appropriated to the
Cybersecurity and Infrastructure Security Agency for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $15,000,000, to remain available until
September 30, 2031, for the Cybersecurity Education and
Training Assistance Program, Federal assistance grants under
the Cybersecurity Education and Training Assistance Program,
and necessary mission support activities.
(c) Cybersecurity Awareness, Training, and Workforce
Development.--In addition to amounts otherwise made
available, there is appropriated to the Cybersecurity and
Infrastructure Security Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2031,
for improving cybersecurity awareness, training, and
workforce development, including necessary mission support
activities.
(d) Multi-State Information Sharing and Analysis Center.--
In addition to amounts otherwise made available, there is
appropriated to the Cybersecurity and Infrastructure Security
Agency for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $35,000,000, to remain available
until September 30, 2031, for Federal assistance through
cooperative agreements with the Multi-State Information
Sharing and Analysis Center.
(e) Cybersentry.--In addition to amounts otherwise made
available, there is appropriated to the Cybersecurity and
Infrastructure Security Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until September 30, 2031,
for the purpose of protecting critical infrastructure
industrial control systems and the CyberSentry program.
(f) Cloud Security.--In addition to amounts otherwise made
available, there is appropriated to the Cybersecurity and
Infrastructure Security Agency for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until September 30, 2031,
for the purpose of executing the secure cloud architecture
activities, migration advisory services, and cloud threat
hunting capabilities of the Cybersecurity and Infrastructure
Security Agency.
(g) Industrial Control Systems Security.--In addition to
amounts otherwise made available, there is appropriated to
the Cybersecurity and Infrastructure Security Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available
until September 30, 2031, for the purpose of researching and
developing the means by which to secure operational
technology and industrial control systems against security
vulnerabilities (as such term is defined in section 102(17)
of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501(17)).
SEC. 50002. CYBERSECURITY ASSISTANCE.
(a) State and Local Cybersecurity Recruitment and
Training.--In addition to amounts otherwise made available,
there is appropriated for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $80,000,000, to
remain available until September 30, 2031, to the
Administrator of the Federal Emergency Management Agency, in
consultation with the Cybersecurity and Infrastructure
Security Agency, to award grants, contracts, or cooperative
agreements to State, local, Tribal, and territorial
governments for cybersecurity recruitment and training to
enhance efforts to address cybersecurity risks (as defined in
paragraph (2) of section 2201 of the Homeland Security Act)
and cybersecurity threats (as defined in paragraph (3) of
section 2201 of the Homeland Security Act).
(b) Migration to .gov Domain.--In addition to amounts
otherwise made available, there is appropriated for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $20,000,000, to remain available until
September 30, 2031, to the Administrator of the Federal
Emergency Management Agency, in consultation with the
Cybersecurity and Infrastructure Security Agency, to award
grants, contracts, or cooperative agreements to State, local,
Tribal, and territorial governments to carry out activities
to migrating the online services of such governments to the
.gov internet domain.
(c) Limitation.--The Administrator of the Federal Emergency
Management Agency may not use amounts appropriated under this
section for activities under the National Flood Insurance Act
of 1968 or a function of the Federal Emergency Management
Agency relating to that Act.
SEC. 50003. NONPROFIT SECURITY GRANT PROGRAM.
(a) High-risk Urban Areas.--In addition to amounts
otherwise available, there is appropriated, out of any money
in the Treasury not otherwise appropriated, $50,000,000, to
remain available until September 30, 2031, to the
Administrator of Federal Emergency Management Agency for the
Nonprofit Security Grant Program for grants to nonprofits
under the Urban Area Security Initiative.
(b) Other Areas.--In addition to amounts otherwise
available, there is appropriated, out of any money in the
Treasury not otherwise appropriated, $50,000,000, to remain
available until September 30, 2031, to the Administrator of
the Federal Emergency Management Agency for the Nonprofit
Security Grant Program for grants to nonprofits under the
State Homeland Security Grant Program.
(c) Limitation.--The Administrator of the Federal Emergency
Management Agency may not use amounts appropriated under this
section for activities under the National Flood Insurance Act
of 1968 or a function of the Federal Emergency Management
Agency relating to that Act.
SEC. 50004. OFFICE OF CHIEF READINESS SUPPORT OFFICER.
In addition to the amounts otherwise available, there is
appropriated to the Secretary of Homeland Security for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $900,000,000, to remain available until
September 30, 2028, for the Office of the Chief Readiness
Support Officer to carry out sustainability and environmental
programs.
TITLE VI--COMMITTEE ON THE JUDICIARY
Subtitle A--Immigration Provisions
SEC. 60001. PROTECTIONS AND WORK PERMITS.
(a) In General.--The Secretary of Homeland Security shall--
(1) under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)) and consistent with
this section, parole into the United States for a period of 5
years or until September 30, 2031, whichever is earlier, an
alien described in subsection (b), if such alien--
(A) files an application for parole after the date of the
enactment of this section;
(B) pays an administrative fee in an amount sufficient to
cover the cost of processing the application; and
(C) completes security and law enforcement background
checks to the satisfaction of the Secretary; and
(2) for the period during which an alien is paroled into
the United States under paragraph (1) and any period in which
such parole is extended under subsection (c)--
(A) provide employment and travel authorization to such
alien; and
(B) deem such alien eligible for a driver's license or
identification card under section 202 of the REAL ID Act of
2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note).
(b) Aliens Described.--An alien is described in this
subsection if the alien--
(1) before January 1, 2011--
[[Page H6457]]
(A) was inspected and admitted to the United States;
(B) entered the United States without inspection; or
(C) was paroled into the United States;
(2) has continuously resided in the United States since
such entry; and
(3) is not inadmissible pursuant to paragraph (2), (3),
(6)(E), (8), (10)(A), (10)(C), or (10)(D) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
(c) Extension.--Consistent with the requirements under
subsection (a), and based on the policies and implementing
guidance issued pursuant to this section and in effect when
parole was initially granted to the alien under this section,
the Secretary of Homeland Security shall extend a grant of
parole for an alien described in subsection (b) from the date
the initial parole period expires until September 30, 2031.
(d) Revocation.--The Secretary of Homeland Security may not
revoke parole granted to an alien under subsection (a) unless
the Secretary determines that such alien is ineligible for
parole under subsection (b) based on the policies and
implementing guidance in effect when parole was initially
granted to the alien under this section.
(e) Clarifications.--
(1) In general.--An alien paroled under this section shall
not be counted for purposes of the calculation under section
201(c)(4) of the Immigration and Nationality Act (8 U.S.C.
1151(c)(4)).
(2) Other relief.--Nothing in this section shall limit the
existing authority of the Secretary of Homeland Security to
provide administrative or statutory relief to aliens on an
individual or class-wide basis.
(f) Confidentiality of Information.--The Secretary of
Homeland Security may not disclose information provided in
any application filed under this section to U.S. Immigration
and Customs Enforcement, U.S. Customs and Border Protection,
or any designee of either such entity or use such information
for purposes of immigration enforcement.
(g) Interim Rules.--Not later than 90 days after the date
of the enactment of this section, the Secretary of Homeland
Security shall publish in the Federal Register, interim final
rules implementing this section and shall, not later than 90
days after such rules are published, begin accepting and
adjudicating applications for parole under subsection
(a)(1)(A).
SEC. 60002. RECAPTURE OF UNUSED IMMIGRANT VISA NUMBERS.
(a) Ensuring Future Use of All Immigrant Visas.--Section
201(c)(1)(B)(ii) of the Immigration and Nationality Act (8
U.S.C. 1151(c)(1)(B)(ii)) is amended to read as follows:
``(ii) In no case shall the number computed under
subparagraph (A) be less than the sum of--
``(I) 226,000; and
``(II) the number computed under paragraph (3).''.
(b) Recapturing Unused Visas.--Section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) is amended by
adding at the end the following:
``(g) Recapturing Unused Visas.--
``(1) Family-sponsored visas.--
``(A) In general.--Notwithstanding the numerical
limitations set forth in this section or in sections 202 or
203, beginning in fiscal year 2022, the number of family-
sponsored immigrant visas that may be issued under section
203(a) shall be increased by the number computed under
subparagraph (B).
``(B) Unused visas.--The number computed under this
subparagraph is the difference, if any, between--
``(i) the difference, if any, between--
``(I) the number of visas that were originally made
available to family-sponsored immigrants under section
201(c)(1) for fiscal years 1992 through 2021, setting aside
any unused visas made available to such immigrants in such
fiscal years under section 201(c)(3); and
``(II) the number of visas described in subclause (I) that
were issued under section 203(a), or, in accordance with
section 201(d)(2)(C), under section 203(b); and
``(ii) the number of visas resulting from the calculation
under clause (i) issued under section 203(a) after fiscal
year 2021.
``(2) Employment-based visas.--
``(A) In general.--Notwithstanding the numerical
limitations set forth in this section or in sections 202 or
203, beginning in fiscal year 2022, the number of employment-
based immigrant visas that may be issued under section 203(b)
shall be increased by the number computed under subparagraph
(B).
``(B) Unused visas.--The number computed under this
paragraph is the difference, if any, between--
``(i) the difference, if any, between--
``(I) the number of visas that were originally made
available to employment-based immigrants under section
201(d)(1) for fiscal years 1992 through 2021, setting aside
any unused visas made available to such immigrants in such
fiscal years under section 201(d)(2); and
``(II) the number of visas described in subclause (I) that
were issued under section 203(b), or, in accordance with
section 201(c)(3)(C), under section 203(a); and
``(ii) the number of visas resulting from the calculation
under clause (i) issued under section 203(b) after fiscal
year 2021.
``(3) Diversity visas.--Notwithstanding section
204(a)(1)(I)(ii)(II), an immigrant visa for an alien selected
in accordance with section 203(e)(2) in fiscal year 2017,
2018, 2019, 2020, or 2021 shall remain available to such
alien (and the spouse and children of such alien) if--
``(A) the alien was refused a visa, prevented from seeking
admission, or denied admission to the United States solely
because of Executive Order 13769, Executive Order 13780,
Presidential Proclamation 9645, or Presidential Proclamation
9983; or
``(B) because of restrictions or limitations on visa
processing, visa issuance, travel, or other effects
associated with the COVID-19 public health emergency--
``(i) the alien was unable to receive a visa interview
despite submitting an Online Immigrant Visa and Alien
Registration Application (Form DS-260) to the Secretary of
State; or
``(ii) the alien was unable to seek admission or was denied
admission to the United States despite being approved for a
visa under section 203(c).''.
SEC. 60003. ADJUSTMENT OF STATUS.
Section 245 of the Immigration and Nationality Act (8
U.S.C. 1255) is amended by adding at the end the following:
``(n) Visa Availability.--
``(1) In general.--Notwithstanding subsection (a)(3), the
Secretary of Homeland Security may accept for filing an
application for adjustment of status from an alien (and the
spouse and children of such alien), if such alien--
``(A) is the beneficiary of an approved petition under
section 204(a)(1);
``(B) pays a supplemental fee of $1,500, plus $250 for each
derivative beneficiary; and
``(C) is otherwise eligible for such adjustment.
``(2) Exemption.--The Secretary of Homeland Security shall
exempt an alien (and the spouse and children of such alien)
from the numerical limitations described in sections 201,
202, and 203, and the Secretary of Homeland Security may
adjust the status of such alien (and the spouse and children
of such alien) to lawful permanent resident, if such alien
submits or has submitted an application for adjustment of
status and--
``(A) such alien--
``(i) is the beneficiary of an approved petition under
subparagraph (A)(i) or (B)(i)(I) of section 204(a)(1) that
bears a priority date that is more than 2 years before the
date the alien requests an exemption from the numerical
limitations; and
``(ii) pays a supplemental fee of $2,500;
``(B) such alien--
``(i) is the beneficiary of an approved petition under
subparagraph (E) or (F) of section 204(a)(1) that bears a
priority date that is more than 2 years before the date the
alien requests an exemption from the numerical limitations;
and
``(ii) pays a supplemental fee of $5,000; or
``(C) such alien--
``(i) is the beneficiary of an approved petition under
subparagraph (H) of section 204(a)(1) that bears a priority
date that is more than 2 years before the date the alien
requests an exemption from the numerical limitations; and
``(ii) pays a supplemental fee of $50,000.
``(3) Effective date.--
``(A) In general.--The provisions of this subsection--
``(i) shall take effect on the earlier of the date that
is--
``(I) 180 days after the date of the enactment of this
subsection; or
``(II) May 1, 2022; and
``(ii) except as provided in subparagraph (B), shall cease
to have effect on September 30, 2031.
``(B) Continuation.--Paragraph (2) shall continue in effect
with respect to an alien who requested an exemption of the
numerical limitations and paid the requisite fee prior to the
date described in subparagraph (A)(ii), until the Secretary
of Homeland Security renders a final administrative decision
on such application.''.
SEC. 60004. ADDITIONAL SUPPLEMENTAL FEES.
(a) Treasury.--The fees described in this section, section
60001, and section 245(n) of the Immigration and Nationality
Act, as added by this subtitle--
(1) shall be deposited in the general fund of the Treasury;
and
(2) may not be waived, in whole or in part.
(b) Immigrant Visa Petitions.--In addition to any other fee
collected in connection with a petition described in this
subsection, the Secretary of Homeland Security shall collect
a supplemental fee in the amount of--
(1) $100 in connection with each petition filed under--
(A) section 204(a)(1)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) for
classification by reason of a relationship described under
paragraph (1), (3), or (4) of section 203(a) of such Act (8
U.S.C. 1153(a)); and
(B) section 204(a)(1)(B)(i)(I) of such Act (8 U.S.C.
1154(a)(1)(B)(i)(I));
(2) $800 in connection with each petition filed under
subparagraph (E) or (F) of section 204(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)); and
(3) $15,000 in connection with each petition filed under
subparagraph (H) of section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)).
(c) Form I-94 or Form I-94W.--The Secretary of Homeland
Security shall collect from each individual who is admitted
to the United States as a nonimmigrant, and is issued an
electronic or paper arrival/departure record (Form I-94 or
Form I-94W, or any successor form), a fee of $19.
(d) Student and Exchange Visitors.--In addition to any
other fee collected from an approved institution of higher
education, other approved educational institution, or
designated exchange visitor program in the United States, in
connection with nonimmigrants described in subparagraph (F),
(J), or (M) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) enrolled in such
institution or program, the Secretary of Homeland Security
shall collect a supplemental fee of $250 for each such
nonimmigrant.
(e) Permanent Resident Card Replacement.--In addition to
any other fee collected in connection with each Application
to Replace
[[Page H6458]]
Permanent Resident Card (Form I-90, or any successor form),
filed for purposes of replacing an expired or expiring
permanent resident card, the Secretary of Homeland Security
shall collect a supplemental fee of $500.
(f) Nonimmigrant Visa Petitions.--In addition to any other
fee collected in connection with a petition filed under
section 214 of the Immigration and Nationality Act (8 U.S.C.
1184), the Secretary of Homeland Security shall collect a
supplemental fee of $500 in connection with each such
petition for classification as a nonimmigrant under
subparagraph (E), (H)(i)(b), (L), (O), or (P) of section
101(a)(15) of such Act (8 U.S.C. 1101(a)(15)).
(g) Extend/change Status.--In addition to any other fee
collected in connection with each Application to Extend/
Change Nonimmigrant Status (Form I-539, or any successor
form), the Secretary of Homeland Security shall collect a
supplemental fee of $500.
(h) Employment Authorization.--In addition to any other fee
collected in connection with an application for employment
authorization (Form I-765, or any successor form), the
Secretary of Homeland Security shall collect a supplemental
fee of $500 for each such application filed by an individual
seeking such authorization as--
(1) the spouse of a nonimmigrant described in subparagraph
(E), (H), or (L) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15));
(2) a nonimmigrant described in section 101(a)(15)(F) of
such Act (8 U.S.C. 1101(a)(15)(F)) to engage in optional
practical training; or
(3) as an applicant for adjustment of status under section
245(a) of such Act (8 U.S.C. 1255(a)).
(i) Effective Date.--The fees authorized by this section
shall take effect on the earlier of the date that is--
(1) 180 days after the date of the enactment of this Act;
and
(2) May 1, 2022.
SEC. 60005. U.S. CITIZENSHIP AND IMMIGRATION SERVICES.
In addition to amounts otherwise available, there is
appropriated to U.S. Citizenship and Immigration Services for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $2,800,000,000, to remain available
until expended, for the purpose of increasing the capacity of
U.S. Citizenship and Immigration Services to adjudicate
efficiently applications described in section 60001 of this
Act, and section 245(n) of the Immigration and Nationality
Act (8 U.S.C. 1255(n)), as added by 60003 of this Act, and to
reduce case processing backlogs.
Subtitle B--Community Violence Prevention
SEC. 61001. FUNDING FOR COMMUNITY-BASED VIOLENCE INTERVENTION
INITIATIVES.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Attorney General for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $2,500,000,000, to remain available
until September 30, 2031, for the purposes described in
subsection (b).
(b) Use of Funding.--The Attorney General, acting through
the Assistant Attorney General of the Office of Justice
Programs, the Director of the Office of Community Oriented
Policing Services, and the Director of the Office on Violence
Against Women, shall use amounts appropriated by subsection
(a)--
(1) to award competitive grants or contracts to units of
local government, States, the District of Columbia, Indian
Tribes, nonprofit community-based organizations, victim
services providers, or other entities as determined by the
Attorney General, to support evidence-informed intervention
strategies to reduce community violence;
(2) to support training, technical assistance, research,
evaluation, and data collection on strategies to effectively
reduce community violence and ensure public safety; and
(3) to support research, evaluation, and data collection on
the differing impact of community violence on demographic
categories.
Subtitle C--Antitrust
SEC. 62001. ANTITRUST DIVISION.
In addition to amounts otherwise available, there is
appropriated to the Attorney General for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$500,000,000, to remain available until September 30, 2031,
for necessary expenses for the Department of Justice
Antitrust Division for carrying out work of the Division
related to competition or enforcement of the antitrust laws.
SEC. 62002. FEDERAL TRADE COMMISSION FUNDING FOR UNFAIR
COMPETITION AND ANTITRUST ENFORCEMENT WORK.
In addition to amounts otherwise available, there is
appropriated to the Federal Trade Commission for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000 to remain available until
September 30, 2031, for carrying out work of the Commission
related to unfair methods of competition or enforcement of
the antitrust laws.
Subtitle D--Revenue Matters
SEC. 63001. ADDITIONAL APPROPRIATION FOR ENFORCEMENT RELATING
TO FEDERAL INCOME TAX EVASION.
In addition to amounts otherwise available, there is
appropriated to the Attorney General for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$498,000,000, to remain available until September 30, 2030,
for necessary expenses for the Department of Justice Tax
Division for purposes of enforcing Federal laws against tax
evasion, including by pursuing civil cases or prosecuting
criminal violations.
TITLE VII--COMMITTEE ON NATURAL RESOURCES
Subtitle A--Native American and Native Hawaiian Affairs
SEC. 70101. TRIBAL CLIMATE RESILIENCE.
(a) Tribal Climate Resilience and Adaptation.--In addition
to amounts otherwise available, there is appropriated to the
Director of the Bureau of Indian Affairs for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $441,000,000, to remain available until
September 30, 2031, for Tribal climate resilience and
adaptation programs.
(b) Bureau of Indian Affairs Fish Hatcheries.--In addition
to amounts otherwise available, there is appropriated to the
Director of the Bureau of Indian Affairs for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $19,600,000, to remain available until
September 30, 2031, for fish hatchery operations and
maintenance programs of the Bureau of Indian Affairs.
(c) Administration.--In addition to amounts otherwise
available, there is appropriated to the Director of the
Bureau of Indian Affairs for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $9,400,000,
to remain available until September 30, 2031, for the
administrative costs of carrying out this section. None of
the funds provided by this section shall be subject to cost-
sharing or matching requirements
(d) Small and Needy Program.--Amounts made available under
this section shall be excluded from the calculation of funds
received by those Tribal governments that participate in the
``Small and Needy'' program.
(e) Distribution; Use of Funds.--Amounts made available
under this section that are distributed to Indian Tribes and
Tribal organizations for services pursuant to a self-
determination contract (as defined in subsection (j) of
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304(j))) or a self-governance
compact entered into pursuant to subsection (a) of section
404 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5364(a))--
(1) shall be distributed on a 1-time basis;
(2) shall not be part of the amount required by subsections
(a) through (b) of section 106 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5325(a)-(b)); and
(3) shall only be used for the purposes identified under
the applicable subsection.
SEC. 70102. NATIVE HAWAIIAN CLIMATE RESILIENCE.
(a) Native Hawaiian Climate Resilience and Adaptation.--In
addition to amounts otherwise available, there is
appropriated to the Senior Program Director of the Office of
Native Hawaiian Relations for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$49,000,000, to remain available until September 30, 2031, to
carry out, through financial assistance, technical
assistance, direct expenditure, grants, contracts, or
cooperative agreements, climate resilience and adaptation
activities that serve the Native Hawaiian Community.
(b) Administration.--In addition to amounts otherwise
available, there is appropriated to the Senior Program
Director of the Office of Native Hawaiian Relations for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $1,000,000, to remain available until
September 30, 2031, for the administrative costs of carrying
out this section. None of the funds provided by this section
shall be subject to cost-sharing or matching requirements.
SEC. 70103. TRIBAL ELECTRIFICATION PROGRAM.
(a) Tribal Electrification Program.--In addition to amounts
otherwise available, there is appropriated to the Director of
the Bureau of Indian Affairs for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$294,000,000, to remain available until September 30, 2031,
for--
(1) the provision of electricity to unelectrified Tribal
homes through renewable energy systems;
(2) transitioning electrified Tribal homes to renewable
energy systems; and
(3) associated home repairs and retrofitting necessary to
install the renewable energy systems authorized under
paragraphs (1) and (2).
(b) Administration.--In addition to amounts otherwise
available, there is appropriated to the Director of the
Bureau of Indian Affairs for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $6,000,000,
to remain available until September 30, 2031, for the
administrative costs of carrying out this section.
(c) Small and Needy Program.--Amounts made available under
this section shall be excluded from the calculation of funds
received by those Tribal governments that participate in the
``Small and Needy'' program.
(d) Distribution; Use of Funds.--Amounts made available
under this section that are distributed to Indian Tribes and
Tribal organizations for services pursuant to a self-
determination contract (as defined in subsection (j) of
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304(j))) or a self-governance
compact entered into pursuant to subsection (a) of section
404 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5364(a))--
(1) shall be distributed on a 1-time basis;
(2) shall not be part of the amount required by subsections
(a) through (b) of section 106 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5325(a)-(b)); and
(3) shall only be used for the purposes identified under
the applicable subsection.
SEC. 70104. EMERGENCY DROUGHT RELIEF FOR TRIBES.
In addition to amounts otherwise available, there is
appropriated to the Commissioner of the Bureau of Reclamation
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $25,000,000, to remain available
until
[[Page H6459]]
September 30, 2026, for near-term drought relief actions to
mitigate drought impacts for Indian Tribes that are impacted
by the operation of a Bureau of Reclamation water project,
including through direct financial assistance to address
drinking water shortages and to mitigate the loss of Tribal
trust resources.
SEC. 70105. NATIVE AMERICAN CONSULTATION RESOURCE CENTER.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary of the
Interior for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $33,000,000, to remain
available until September 30, 2031, to establish and
administer a Native American Consultation Resource Center
(the authority for which shall expire on September 30, 2031)
to provide training and technical assistance to support
Federal consultation and coordination responsibilities
relating to--
(1) the protection of the natural and cultural resources of
Native Americans;
(2) land use planning and development that impacts Tribal
Governments, Alaska Native Corporations, and the Native
Hawaiian Community; and
(3) infrastructure projects that impact Tribal Governments,
Alaska Native Corporations, and the Native Hawaiian
Community.
(b) Definition.--In this section:
(1) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the meaning given the term in subsection
(m) of section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(m)).
(2) Native american.--The term ``Native American'' means--
(A) an Indian (as defined in subsection (d) of section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304(d)));
(B) a Native Hawaiian (as defined in item (10) of section 2
of the Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001(10))); and
(C) a Native (as defined in subsection (b) of section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b))).
(3) Tribal government.--The term ``Tribal Government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this paragraph
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
SEC. 70106. INDIAN HEALTH SERVICE.
(a) Maintenance and Improvement.--In addition to amounts
otherwise available, there is appropriated to the Director of
the Indian Health Service for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$945,000,000, to remain available until September 30, 2031,
for maintenance and improvement of facilities operated by the
Indian Health Service or pursuant to a self-determination
contract (as defined in subsection (j) of section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304(j))) or a self-governance compact entered into
pursuant to subsection (a) of section 404 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5364(a)).
(b) Mental Health and Substance Use Disorders.--In addition
to amounts otherwise available, there is appropriated to the
Director of the Indian Health Service for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$123,716,000, to remain available until September 30, 2031,
for mental health and substance use prevention and treatment
services, including facility renovation, construction, or
expansion relating to mental health and substance use
prevention and treatment services.
(c) Priority Health Care Facilities.--In addition to
amounts otherwise available, there is appropriated to the
Director of the Indian Health Service for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$1,000,000,000, to remain available until September 30, 2031,
for projects identified through the health care facility
priority system established and maintained pursuant to
subparagraph (A) of paragraph (1) of subsection (c) of
section 301 of the Indian Health Care Improvement Act (25
U.S.C. 1631(c)(1)(A)).
(d) Small Ambulatory.--In addition to amounts otherwise
available, there is appropriated to the Director of the
Indian Health Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $40,000,000, to
remain available until September 30, 2031, for small
ambulatory construction.
(e) Urban Indian Organizations.--In addition to amounts
otherwise available, there is appropriated to the Director of
the Indian Health Service for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$100,000,000, to remain available until September 30, 2031,
for, notwithstanding the restrictions described in section
509 of the Indian Health Care Improvement Act (25 U.S.C.
1659), the renovation, construction, expansion, equipping,
and improvement of facilities owned or leased by an Urban
Indian organization (as defined in item (29) of section 4 of
that Act (25 U.S.C. 1603(29))).
(f) Epidemiology Centers.--In addition to amounts otherwise
available, there is appropriated to the Director of the
Indian Health Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $25,000,000, to
remain available until September 30, 2031, for the
epidemiology centers established under paragraphs (1) through
(2) of subsection (a) of section 214 of the Indian Health
Care Improvement Act (25 U.S.C. 1621m(a)(1)-(2)).
(g) Environmental Health and Facilities Support
Activities.--In addition to amounts otherwise available,
there is appropriated to the Director of the Indian Health
Service for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $113,284,000, to remain
available until September 30, 2031, for environmental health
and facilities support activities of the Indian Health
Service.
(h) Distribution; Use of Funds.--Amounts appropriated under
this section that are distributed to Indian Tribes and Tribal
organizations for services pursuant to a self-determination
contract (as defined in subsection (j) of section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304(j))) or a self-governance compact entered into
pursuant to subsection (a) of section 404 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5364(a))--
(1) shall be distributed on a 1-time basis;
(2) shall not be part of the amount required by subsections
(a) through (b) of section 106 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5325(a)-(b)); and
(3) shall only be used for the purposes identified under
the applicable subsection.
SEC. 70107. TRIBAL PUBLIC SAFETY.
(a) Public Safety and Justice.--In addition to amounts
otherwise available, there is appropriated to the Assistant
Secretary for Indian Affairs for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$490,000,000, to remain available until September 30, 2031,
for public safety and justice programs and construction.
(b) Administration.--In addition to amounts otherwise
available, there is appropriated to the Assistant Secretary
for Indian Affairs for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $10,000,000, to
remain available until September 30, 2031, for the
administrative costs of carrying out this section.
(c) Small and Needy Program.--Amounts made available under
this section shall be excluded from the calculation of funds
received by those Tribal governments that participate in the
``Small and Needy'' program.
(d) Distribution; Use of Funds.--Amounts made available
under this section that are distributed to Indian Tribes and
Tribal organizations for services pursuant to a self-
determination contract (as defined in subsection (j) of
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304(j))) or a self-governance
compact entered into pursuant to subsection (a) of section
404 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5364(a))--
(1) shall be distributed on a 1-time basis;
(2) shall not be part of the amount required by subsections
(a) through (b) of section 106 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5325(a)-(b)); and
(3) shall only be used for the purposes identified under
the applicable subsection.
SEC. 70108. BUREAU OF INDIAN AFFAIRS AND TRIBAL ROADS.
(a) Roads.--In addition to amounts otherwise available,
there is appropriated to the Director of the Bureau of Indian
Affairs for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $715,400,000, to remain
available until September 30, 2026, for the Bureau of Indian
Affairs Road System and Tribal transportation facilities (as
defined in paragraph (31) of subsection (a) of section 101 of
title 23, United States Code)--
(1) for road maintenance;
(2) for planning, design, construction, and reconstruction
activities; and
(3) to address the deferred road maintenance backlog at the
Bureau of Indian Affairs.
(b) Administration.--In addition to amounts otherwise
available, there is appropriated to the Director of the
Bureau of Indian Affairs for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$14,600,000, to remain available until September 30, 2026,
for the administrative costs of carrying out this section.
Subtitle B--National Oceanic and Atmospheric Administration
SEC. 70201. INVESTING IN COASTAL COMMUNITIES AND CLIMATE
RESILIENCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the National Oceanic and
Atmospheric Administration for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$6,000,000,000, to remain available until September 30, 2026,
to provide funding through direct expenditure, contracts,
grants, cooperative agreements, or technical assistance to
coastal states (as defined in paragraph (4) of section 304 of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4))),
the District of Columbia, Tribal Governments, nonprofit
organizations, local governments, and institutions of higher
education (as defined in subsection (a) of section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))), for the
conservation, restoration, and protection of coastal and
marine habitats and resources, including fisheries, to enable
coastal communities to prepare for extreme storms and other
changing climate conditions, and for projects that support
natural resources that sustain coastal and marine resource
dependent communities, and for related administrative
expenses. None of the funds provided by this section shall be
subject to cost-sharing or matching requirements.
(b) Tribal Government Defined.--In this section, the term
``Tribal Government'' means the recognized governing body of
any Indian or Alaska Native tribe, band, nation, pueblo,
village, community, component band, or component reservation,
individually identified (including parenthetically) in the
list published most recently as of the date of enactment of
this subsection pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
[[Page H6460]]
SEC. 70202. PACIFIC SALMON RESTORATION AND CONSERVATION.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000, to
remain available until September 30, 2026, for the purposes
of supporting the restoration and conservation of Pacific
salmon and steelhead populations and the habitat of those
populations, including by improving climate resilience and
climate adaptation, and for related administrative expenses.
SEC. 70203. MARINE FISHERIES INFRASTRUCTURE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the National Oceanic and
Atmospheric Administration for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$400,000,000, to remain available until September 30, 2026,
for grants to States and Tribal Governments, to repair,
replace, and upgrade hatchery infrastructure for the
production of a fishery (as defined in paragraph (13) of
section 3 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802(13))) that is included in a
fishery management plan or plan amendment approved by the
Secretary of Commerce under subsection (a) of section 301 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1851(a)), and for related administrative expenses.
(b) Tribal Government.--In this section, the term ``Tribal
Government'' means the recognized governing body of any
Indian or Alaska Native tribe, band, nation, pueblo, village,
community, component band, or component reservation,
individually identified (including parenthetically) in the
list published most recently as of the date of enactment of
this subsection pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
SEC. 70204. MARINE FISHERIES AND MARINE MAMMAL STOCK
ASSESSMENTS, SURVEYS, AND RESEARCH AND
MANAGEMENT.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, to remain
available until September 30, 2026, for purposes of Federal
fisheries management, marine fisheries conservation, and
marine mammal research, including fisheries and marine mammal
stock assessments, marine fisheries data collection, surveys,
scientific research, and management, acquisition of
electronic monitoring equipment for fishery participants,
transitional gear research, and ecosystem-based assessments
in support of marine fish species, including fisheries
managed under section 303 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1853) and
subsection (a) of section 117 of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1386(a)).
SEC. 70205. FACILITIES OF THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION AND NATIONAL MARINE
SANCTUARIES.
(a) National Oceanic and Atmospheric Administration
Facilities.--In addition to amounts otherwise available,
there is appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $300,000,000, to remain
available until September 30, 2026, for the construction of
new facilities (including facilities in need of replacement)
including piers, marine operations facilities, and fisheries
laboratories.
(b) National Marine Sanctuaries Facilities.--In addition to
amounts otherwise available, there is appropriated to the
National Oceanic and Atmospheric Administration for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
September 30, 2026, for the construction of facilities to
support the National Marine Sanctuary System established
under subsection (c) of section 301 of the National Marine
Sanctuaries Act (16 U.S.C. 1431(c)).
SEC. 70206. NOAA EFFICIENT AND EFFECTIVE REVIEWS.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $20,000,000, to remain
available until September 30, 2026, to provide for the
development of more efficient, accurate, and timely reviews
for planning, permitting and approval processes through the
hiring and training of personnel, the development of
programmatic documents, the procurement of technical or
scientific services for reviews, the development of
environmental data or information systems, stakeholder and
community engagement, the purchase of new equipment for
environmental analysis, and the development of geographic
information systems and other analysis tools, techniques, and
guidance to improve agency transparency, accountability, and
public engagement.
SEC. 70207. SEAFOOD IMPORT MONITORING PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,000,000, to remain
available until September 30, 2026, to implement the seafood
import monitoring program of the National Oceanic and
Atmospheric Administration.
Subtitle C--United States Fish and Wildlife Service
SEC. 70301. ENDANGERED SPECIES ACT RECOVERY PLANS.
In addition to amounts otherwise available, there is
appropriated to the United States Fish and Wildlife Service
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $180,000,000, to remain available
until expended, for the purposes of developing and
implementing recovery plans under paragraphs (1), (3), and
(4) of subsection (f) of section 4 of the Endangered Species
Act of 1973 (16 U.S.C. 1533(f)).
SEC. 70302. ISLAND PLANT CONSERVATION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the United States Fish
and Wildlife Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $4,850,000, to
remain available until expended, to make direct expenditures,
award grants, and enter into contracts and cooperative
agreements for the purposes of conserving endangered species
and threatened species of plants in the Hawaiian Islands and
the Pacific Island Territories of the United States under
paragraphs (1), (3), and (4) of subsection (f) of section 4
of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)).
(b) Administrative Expenses.--In addition to amounts
otherwise available, there is appropriated to the United
States Fish and Wildlife Service for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$150,000, to remain available until September 30, 2030, for
necessary administrative expenses associated with carrying
out this section.
SEC. 70303. POLLINATOR CONSERVATION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the United States Fish
and Wildlife Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $4,850,000, to
remain available until expended, to make direct expenditures,
award grants, and enter into contracts and cooperative
agreements for the purposes of conserving endangered species
and threatened species of pollinators in the United States
under paragraphs (1), (3), and (4) of subsection (f) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533(f)).
(b) Administrative Expenses.--In addition to amounts
otherwise available, there is appropriated to the United
States Fish and Wildlife Service for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$150,000, to remain available until September 30, 2030, for
necessary administrative expenses associated with carrying
out this section.
SEC. 70304. MUSSEL CONSERVATION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the United States Fish
and Wildlife Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $4,850,000, to
remain available until expended, to make direct expenditures,
award grants, and enter into contracts and cooperative
agreements for the purposes of conserving endangered species
and threatened species of freshwater mussels in the United
States under paragraphs (1), (3), and (4) of subsection (f)
of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533(f)).
(b) Administrative Expenses.--In addition to amounts
otherwise available, there is appropriated to the United
States Fish and Wildlife Service for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$150,000, to remain available until September 30, 2030, for
necessary administrative expenses associated with carrying
out this section.
SEC. 70305. DESERT FISH CONSERVATION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the United States Fish
and Wildlife Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $4,850,000, to
remain available until expended, to make direct expenditures,
award grants, and enter into contracts and cooperative
agreements for the purposes of conserving endangered species
and threatened species of desert fish in the United States
under paragraphs (1), (3), and (4) of subsection (f) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533(f)).
(b) Administrative Expenses.--In addition to amounts
otherwise available, there is appropriated to the United
States Fish and Wildlife Service for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$150,000, to remain available until September 30, 2030, for
necessary administrative expenses associated with carrying
out this section.
SEC. 70306. FUNDING FOR THE UNITED STATES FISH AND WILDLIFE
SERVICE TO ADDRESS CLIMATE-INDUCED WEATHER
EVENTS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the United States Fish
and Wildlife Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $242,500,000, to
remain available until September 30, 2026, to make direct
expenditures, award grants, and enter into contracts and
cooperative agreements for the purposes of rebuilding and
restoring units of the National Wildlife Refuge System and
State wildlife management areas, including by--
(1) addressing the threat of invasive species;
(2) increasing the resiliency and capacity of habitats and
infrastructure to withstand climate-induced weather events;
and
(3) reducing the amount of damage caused by climate-induced
weather events.
(b) Administrative Costs.--In addition to amounts otherwise
available, there is appropriated to the United States Fish
and Wildlife Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $7,500,000, to
remain available until September 30, 2026, for necessary
administrative expenses associated with carrying out this
section.
SEC. 70307. WILDLIFE CORRIDOR CONSERVATION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the
[[Page H6461]]
United States Fish and Wildlife Service for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$9,700,000, to remain available until expended, to carry out,
through direct expenditures, contracts, grants, and
cooperative agreements, activities necessary for--
(1) mapping wildlife corridors;
(2) the conservation and restoration of wildlife corridors;
and
(3) addressing the conservation and restoration of wildlife
corridors--
(A) on land included in the National Wildlife Refuge
System; and
(B) on private land through--
(i) the Partners for Fish and Wildlife Program of the
United States Fish and Wildlife Service; and
(ii) the Coastal Program of the United States Fish and
Wildlife Service.
(b) Administrative Costs.--In addition to amounts otherwise
available, there is appropriated to the United States Fish
and Wildlife Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $300,000, to
remain available until September 30, 2030, for necessary
administrative expenses associated with carrying out this
section.
SEC. 70308. GRASSLAND RESTORATION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the United States Fish
and Wildlife Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $38,800,000, to
remain available until expended to make direct expenditures,
award grants, and enter into contracts and cooperative
agreements for carrying out the protection and restoration of
grassland habitats.
(b) Administrative Costs.--In addition to amounts otherwise
available, there is appropriated to the United States Fish
and Wildlife Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $1,200,000, to
remain available until September 30, 2030, for necessary
administrative expenses associated with carrying out this
section.
Subtitle D--Water Resources Research and Technology Institutes
SEC. 70401. WATER RESOURCES RESEARCH AND TECHNOLOGY
INSTITUTES.
In addition to amounts otherwise available, there is
appropriated to the United States Geological Survey for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available
until September 30, 2031, for grants and other financial
assistance to water resources research and technology
institutes, centers, and equivalent agencies.
Subtitle E--Council on Environmental Quality
SEC. 70501. ENVIRONMENTAL AND CLIMATE DATA COLLECTION.
In addition to amounts otherwise available, there is
appropriated to the Chair of the Council on Environmental
Quality for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $65,000,000, to remain
available until September 30, 2026--
(1) to support data collection efforts relating to--
(A) disproportionate negative environmental harms and
climate impacts; and
(B) cumulative impacts of pollution and temperature rise;
(2) to establish, expand, and maintain efforts to track
disproportionate burdens and cumulative impacts, including
academic and workforce support for analytics and informatics
infrastructure and data collection systems; and
(3) to support efforts to ensure that any mapping or
screening tool is accessible to community-based organizations
and community members.
SEC. 70502. COUNCIL ON ENVIRONMENTAL QUALITY EFFICIENT AND
EFFECTIVE ENVIRONMENTAL REVIEWS.
In addition to amounts otherwise available, there is
appropriated to the Chair of the Council on Environmental
Quality for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $15,000,000, to remain
available until September 30, 2026, to carry out the Council
on Environmental Quality's functions and for the purposes of
training personnel, developing programmatic environmental
documents, and developing tools, guidance, and techniques to
improve stakeholder and community engagement.
Subtitle F--Department of the Interior Efficient and Effective Reviews
SEC. 70601. DEPARTMENT OF THE INTERIOR EFFICIENT AND
EFFECTIVE REVIEWS.
In addition to amounts otherwise available, there is
appropriated to the Department of the Interior for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
September 30, 2026, to provide for the development of more
efficient, accurate, and timely reviews for planning,
permitting, and approval processes for the National Park
Service, the Bureau of Land Management, the Bureau of Ocean
Energy Management, the Bureau of Reclamation, the Bureau of
Safety and Environmental Enforcement, and the Office of
Surface Mining Reclamation and Enforcement through the hiring
and training of personnel, the development of programmatic
documents, the procurement of technical or scientific
services for reviews, the development of environmental data
or information systems, stakeholder and community engagement,
the purchase of new equipment for environmental analysis, and
the development of geographic information systems and other
analysis tools, techniques, and guidance to improve agency
transparency, accountability, and public engagement.
Subtitle G--Public Lands
SEC. 70701. NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND
RESILIENCE.
In addition to amounts otherwise available, there is
appropriated to the Secretary of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $1,250,000,000, to remain available until
September 30, 2031, to carry out projects for the
conservation, protection, and resiliency of lands and
resources administered by the National Park Service and
Bureau of Land Management. None of the funds provided under
this section shall be subject to cost-share or matching
requirements.
SEC. 70702. NATIONAL PARKS AND PUBLIC LANDS CONSERVATION AND
ECOSYSTEM RESTORATION.
In addition to amounts otherwise available, there is
appropriated to the Secretary of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $750,000,000, to remain available until
September 30, 2031, to carry out conservation, ecosystem and
habitat restoration projects on lands administered by the
National Park Service and Bureau of Land Management. None of
the funds provided under this section shall be subject to
cost-share or matching requirements.
SEC. 70703. LANDS PROJECTS.
(a) Definitions.--With regard to this section:
(1) Appropriate conservation projects.--The term
``appropriate conservation projects'' means any project for
the conservation, restoration, construction, or
rehabilitation of natural, cultural, historic,
archaeological, recreational, or scenic resources on public
lands administered by the National Park Service or Bureau of
Land Management.
(2) Resiliency or restoration projects.--The term
``restoration or resiliency projects'' means any project
funded under sections 70701 and 70702.
(b) In General.--In addition to amounts otherwise
available, there is appropriated to the Secretary of the
Interior for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, to remain
available until September 30, 2031, to provide funding,
including all expenses necessary to provide funding, through
direct expenditure, grants, contracts, or cooperative
agreements, to perform appropriate conservation projects or
resiliency or restoration projects, including all expenses
necessary to carry out such projects, on public lands
administered by the National Park Service and Bureau of Land
Management. None of the funds provided under this section
shall be subject to cost-share or matching requirements.
SEC. 70704. WILDFIRE MANAGEMENT.
In addition to amounts otherwise available, there is
appropriated to the Secretary of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available until
September 30, 2031, for wildland fire management by the
Bureau of Land Management or National Park Service, including
improvement, relocation, renovation, or construction of
firefighting facilities; reduction of wildfire hazards to
communities through fuels projects within the wildland-urban
interface; burned area rehabilitation; rural fire assistance;
for salaries and expenses for wildland firefighters;
wildfire-related information technology and geospatial
analysis; deployment of remote sensing technologies; wildfire
science and research, including fireshed mapping; and,
through the Office of Aviation Services, purchase, lease or
contract of fixed-wing aircraft, and the assessment and
deployment of technologies to limit disruptions to
firefighting operations at night, in a degraded visual
environment, and by unauthorized unmanned aircraft system,
including the feasibility of optionally-piloted rotor-wing
aircraft and containerized retardant-delivery systems.
SEC. 70705. NATIONAL PARK SERVICE DEFERRED MAINTENANCE AND
DEPARTMENT OF THE INTERIOR HOUSING.
In addition to amounts otherwise available, there is
appropriated to the Secretary of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $400,000,000, to remain available until
September 30, 2026, for carrying out priority deferred
maintenance projects, which may include resolving directly-
related infrastructure deficiencies, including through direct
expenditures or transfer authority, within the boundaries of
the National Park System and to provide housing, including
expenses necessary to provide housing, for--
(1) field employees of the National Park Service pursuant
to subchapter III of chapter 1013 of title 54, United States
Code;
(2) field employees of the Bureau of Land Management in a
manner similar to the provision of housing under paragraph
(1); and
(3) participants in corps programs performing appropriate
conservation projects or resiliency and restoration projects
under grants, contracts, or cooperative agreements with the
National Park Service or the Bureau of Land Management in a
manner similar to the provision of housing under paragraph
(1).
SEC. 70706. URBAN PARKS.
In addition to amounts otherwise available, there is
appropriated to the Director of the National Park Service for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available
until September 30, 2026, to carry out direct, competitive
grants to localities for acquisition of land or interests in
land, or for development of recreation facilities to create
or significantly enhance access to parks or outdoor
recreation in urban areas, subject to the conditions that no
property acquired or developed with funding under this
section shall be converted to uses other than public outdoor
recreation without the approval
[[Page H6462]]
of the Secretary. Such approval shall require assurances as
the Secretary considers necessary to ensure the substitution
of other recreational properties of equivalent or greater
fair market value and of equivalent usefulness and
accessibility.
SEC. 70707. HISTORIC PRESERVATION.
In addition to amounts otherwise available, there is
appropriated to the Director of the National Park Service for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $25,000,000, to remain available
until September 30, 2026, to provide funding through direct
expenditure, contracts, grants, cooperative agreements, or
technical assistance to States, Indian Tribes, the District
of Columbia, and Territories to carry out preservation or
historic preservation as defined by section 300315 of title
54, United States Code.
SEC. 70708. NATIONAL HERITAGE AREAS.
In addition to amounts otherwise available, there is
appropriated to the Director of the National Park Service for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available
until September 30, 2026, to carry out funding for National
Heritage Area Partnerships, including funding in fiscal year
2022 for any national heritage area, national heritage
corridor, cultural heritage corridor, national heritage
partnership, national heritage canalway, national heritage
route, and battlefields national historic district authorized
to receive Federal funds as of September 1, 2021.
SEC. 70709. WITHDRAWALS.
The Secretary of the Interior shall, on or before June 30,
2024, withdraw, permanently or for a set term and subject to
valid existing rights, lands or interest in lands
administered by the Bureau of Land Management from entry,
appropriation, disposal, location, leasing, permitting, and
patent. Withdrawals made under this section shall result in
an aggregate reduction of receipts payable to the Treasury
between the date of the enactment of this section and the end
of fiscal year 2031 of $10,000,000.
SEC. 70710. NATIONAL PARK SERVICE EMPLOYEES.
In addition to amounts otherwise available, there is
appropriated to the Secretary of the Interior for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available through
September 30, 2030, to hire employees in units of the
National Park System.
Subtitle H--Drought Response and Preparedness
SEC. 70801. BUREAU OF RECLAMATION DOMESTIC WATER SUPPLY
PROJECTS.
(a) Funding for Domestic Water Supply Projects.--In
addition to amounts otherwise available, there is
appropriated to the Commissioner of the Bureau of Reclamation
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $550,000,000, to remain available
until expended, for grants, contracts, or financial
assistance agreements for disadvantaged communities
(identified according to criteria adopted by the
Commissioner) in a manner as determined by the Commissioner
for up to 100 percent of the cost of the planning, design, or
construction of water projects the primary purpose of which
is to provide domestic water supplies to communities or
households that do not have reliable access to domestic water
supplies in a State or territory described in the first
section of the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat.
388, chapter 1093).
(b) Additional Funding.--In addition to amounts otherwise
available, there is appropriated to the Commissioner of the
Bureau of Reclamation for fiscal year 2032 and each fiscal
year thereafter, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available
until expended, for grants, contracts, or financial
assistance agreements for disadvantaged communities
(identified according to criteria adopted by the
Commissioner) in a manner as determined by the Commissioner
for up to 100 percent of the cost of the planning, design, or
construction of water projects the primary purpose of which
is to provide domestic water supplies to communities or
households that do not have reliable access to domestic water
supplies in a United States territory or a Western State (as
described in item (6) of section 3002 of the Western Water
Policy Review Act of 1992).
SEC. 70802. LARGE SCALE WATER REUSE.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State, Indian Tribe, municipality, irrigation
district, water district, wastewater district, or other
organization with water or power delivery authority;
(B) a State, regional, or local authority, the members of
which include 1 or more organizations with water or power
delivery authority; or
(C) an agency established under State law for the joint
exercise of powers or a combination of entities described in
subparagraphs (A) and (B).
(2) Reclamation state.--The term ``Reclamation State''
means a State or territory described in the first section of
the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43
U.S.C. 391).
(b) In General.--In addition to amounts otherwise
available, there is appropriated to the Bureau of Reclamation
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available
until September 30, 2031, to provide nonreimbursable grants
on a competitive basis to eligible entities that shall not
exceed 25 percent of the total cost of an eligible project
unless the project advances at least a proportionate share of
authorized nonreimbursable benefits (including benefits
provided through measurable reductions in water diversions
from a river basin that is associated with or affected by, or
located within the same river basin as a Federal reclamation
project) up to a maximum 75 percent of the total costs of an
eligible project, to carry out the planning, design, and
construction of projects to reclaim and reuse municipal,
industrial, domestic, or agricultural wastewater or impaired
ground or surface waters that have a total estimated cost of
more than $500,000,000 and that provide benefits to drought
stricken regions within the Reclamation States for the
purposes of--
(1) helping to advance water management plans across a
multi-state area, such as drought contingency plans in the
Colorado River Basin; and
(2) providing multiple benefits, including water supply
reliability benefits for drought-stricken States, Indian
Tribes, and communities, and benefits from measurable
reductions in water diversions.
The Bureau of Reclamation shall not impose a total dollar cap
on Federal contributions that applies to all individual
projects funded under this section. An eligible project shall
not be considered ineligible for assistance under this
section because the project has received assistance
authorized under title XVI of Public Law 102-575 or section
4009 of Public Law 114-322. The Bureau of Reclamation shall
consider the planning, design, and construction of an
eligible project's conveyance system to be eligible for grant
funding under this section.
SEC. 70803. ADDRESSING REDUCED WATER AVAILABILITY FOR INLAND
WATER BODIES.
In addition to amounts otherwise available, there is
appropriated to the Bureau of Reclamation for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
September 30, 2031, to provide grants and enter into
contracts and cooperative agreements to carry out projects to
mitigate the impact of reduced water inflows into inland
water bodies associated with, affected by, or located within
the same river basin as a Bureau of Reclamation water
project, to cover up to 50 percent of the total cost of the
project, in partnership with a State, Indian Tribe,
municipality, irrigation district, water district, wastewater
district, nonprofit organization, institution of higher
learning, or an agency established under State law for the
joint exercise of powers.
SEC. 70804. CANAL REPAIR AND IMPROVEMENT PROJECTS.
(a) Conveyance Repairs.--In addition to amounts otherwise
available, there is appropriated to the Bureau of Reclamation
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $25,000,000, to remain available
until September 30, 2031, to provide nonreimbursable grants
in a manner as determined by the Secretary of the Interior
(in this section referred to as the ``Secretary'') on a
competitive basis to eligible entities that in aggregate
shall not exceed 33 percent of the total cost of an eligible
project to carry out the planning, design, and construction
of projects to make major, non-recurring maintenance repairs
to water conveyance facilities that do not enlarge the
carrying capacity of a conveyance facility beyond the
capacity as previously constructed for conveyance facilities
in need of emergency capacity restoration due to subsidence
and experiencing exceptional drought for the purposes of
increasing drought resiliency, primarily through groundwater
recharge.
(b) Solar Canal Integration.--In addition to amounts
otherwise available, there is appropriated to the Bureau of
Reclamation for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $25,000,000, to remain
available until September 30, 2031, for the design, study,
and implementation of projects (including pilot and
demonstration projects) to cover conveyance facilities
receiving grants under subsection (a) with solar panels to
generate renewable energy in a manner as determined by the
Secretary or for other solar projects associated with Bureau
of Reclamation projects that increase water efficiency and
assist in implementation of clean energy goals.
Subtitle I--Insular Affairs
SEC. 70901. INSULAR AFFAIRS CRITICAL INFRASTRUCTURE FUNDING.
In addition to amounts otherwise available, there is
appropriated to the Department of the Interior Office of
Insular Affairs for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000, to
remain available until September 30, 2026, for critical
infrastructure in the territories. Amounts made available
under this section shall be distributed under section 701 of
the Covenant approved under Public Law 94-241 in the manner
provided under the heading ``assistance to territories'' in
title I of the Department of the Interior and Related
Agencies Appropriations Act, 1996, as enacted by Public Law
104-134 (110 Stat. 1321-173).
SEC. 70902. OFFICE OF INSULAR AFFAIRS CLIMATE CHANGE
TECHNICAL ASSISTANCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Department of the
Interior Office of Insular Affairs for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$29,100,000, to remain available until September 30, 2026, to
provide technical assistance for climate change planning,
mitigation, adaptation, and resilience to United States
Insular Areas under the Office of Insular Affairs.
(b) Administrative Expenses.--In addition to amounts
otherwise available, there is appropriated to the Department
of the Interior Office of Insular Affairs for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $900,000, to remain available until September
30, 2026, for necessary administrative expenses associated
with carrying out this section.
[[Page H6463]]
SEC. 70903. DEFINITIONS.
For the purposes of this subtitle:
(1) Territories.--The term ``territories'' means American
Samoa, the Commonwealth of the Northern Mariana Islands,
Guam, and the Virgin Islands of the United States.
(2) United states insular areas.--The term ``United States
Insular Areas'' means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, Puerto Rico, or the Virgin
Islands of the United States.
Subtitle J--Offshore Wind
SEC. 71001. RENEWABLE ENERGY LEASING ON THE OUTER CONTINENTAL
SHELF.
The Secretary of the Interior shall grant leases,
easements, and rights-of-way, to produce or support
production, transportation, or transmission of electricity
from renewable energy facilities on the Outer Continental
Shelf in the areas identified on the map entitled ``Outer
Continental Shelf Lower 48 States Planning Areas'' and dated
October 18, 2021, as the Mid Atlantic Planning Area, the
South Atlantic Planning Area, the Straits of Florida Planning
Area, and the Eastern Gulf of Mexico Planning Area.
SEC. 71002. OFFSHORE WIND FOR THE TERRITORIES.
The Secretary of the Interior shall grant leases,
easements, and rights-of-way to produce or support
production, transportation, or transmission of electricity
from renewable energy facilities in submerged lands seaward
from the coastline of Puerto Rico, Guam, American Samoa, the
Virgin Islands of the United States, and the Commonwealth of
the Northern Mariana Islands and of which the subsoil and
seabed appertain to the United States and are subject to its
jurisdiction and control. The Secretary of the Interior shall
conduct wind lease sales in said submerged lands if the
Secretary of the Interior has determined that a wind lease
sale is feasible and issued a call for information and
nominations, determined there is sufficient interest in
leasing the area, and consulted with the Governor of the
territory regarding the suitability of the area for wind
energy development.
Subtitle K--Preventing Damage From Mining
SEC. 71101. FUNDING TO PREVENT DAMAGE FROM MINING.
In addition to amounts otherwise available, there is
appropriated to the Bureau of Land Management for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $3,000,000, to remain available until September
30, 2031, to revise rules and regulations to prevent undue
degradation of public lands due to hardrock mining
activities.
Subtitle L--Arctic National Wildlife Refuge
SEC. 71201. REPEAL OF THE ARCTIC NATIONAL WILDLIFE REFUGE OIL
AND GAS PROGRAM.
Section 20001 of Public Law 115-97 is repealed and any
leases issued pursuant to section 20001 of Public Law 115-97
are hereby cancelled and all payments related to the leases
shall be returned to the lessee(s) within 30 days of
enactment of this section.
Subtitle M--Outer Continental Shelf Oil and Gas Leasing
SEC. 71301. PROTECTION OF THE EASTERN GULF, ATLANTIC, AND
PACIFIC COASTS.
The Secretary of the Interior may not issue a lease or any
other authorization for the exploration, development, or
production of oil or natural gas in any of the planning areas
on the Outer Continental Shelf in the Pacific Region Planning
Areas, in the Atlantic Region Planning Areas, or in the
Eastern Gulf of Mexico Planning Area identified on the map
entitled ``Outer Continental Shelf Lower 48 States Planning
Areas'' and dated October 18, 2021.
Subtitle N--Fossil Fuel Resources
SEC. 71401. ONSHORE FOSSIL FUEL ROYALTY RATES.
All new onshore oil and gas leases issued by the Secretary
of the Interior shall be conditioned upon the payment of a
royalty at a rate of 18.75 percent in amount or value of the
production from the lease. Before a terminated or cancelled
oil or gas lease may be reinstated by the Secretary of the
Interior, back royalties must be paid, and future royalties
shall be at a rate of 25 percent in amount or value of the
production from the lease.
SEC. 71402. OFFSHORE OIL AND GAS ROYALTY RATE.
All new offshore oil and gas leases on submerged lands of
the outer Continental Shelf granted by the Secretary of the
Interior shall be conditioned upon the payment of a royalty
at a rate of not less than 14 percent in amount or value of
the production from the lease.
SEC. 71403. OIL AND GAS MINIMUM BID.
The onshore minimum acceptable bid charged by the Secretary
of the Interior shall be $10 per acre on Federal lands in the
contiguous United States authorized to be leased by the
Secretary for production of oil and gas. The Secretary of the
Interior shall by regulation, at least once every 4 years,
adjust the dollar amount to reflect the change in inflation.
SEC. 71404. DEFERRED COAL BONUS PAYMENTS.
The Secretary of the Interior may not offer Federal coal
leases under a system of deferred bonus payment.
SEC. 71405. FOSSIL FUEL RENTAL RATES.
The Secretary of the Interior shall require all onshore oil
and gas leases in the contiguous United States to be
conditioned upon payment by the lessee of a rental of $3 per
acre per year during the 2-year period beginning on the date
the lease begins for new leases, and after the end of such
two-year period $5 per acre per year. The Secretary of the
Interior shall by regulation, at least once every 4 years,
adjust the dollar amounts to reflect the change in inflation.
A terminated onshore oil and gas lease may not be reinstated
without the payment of back rentals and a requirement that
future rentals be at a rate of $20 per acre per year.
SEC. 71406. FOSSIL FUEL LEASE TERM LENGTH.
(a) A new coal lease issued by the Secretary of the
Interior shall be for a term of ten years. Any lease which is
not producing in commercial quantities at the end of 5 years
shall be terminated. The aggregate number of years during the
period of any lease for which advance royalties may be
accepted in lieu of the condition of continued operation
shall not exceed 10 years.
(b) Leases for exploration for and development of oil or
gas in the contiguous United States issued by the Secretary
of the Interior shall be for a primary term of 5 years.
SEC. 71407. EXPRESSION OF INTEREST FEE.
(a) In General.--The Secretary of the Interior shall charge
any person who submits an expression of interest in leasing
land in the contiguous United States available for
disposition for exploration and development of oil or gas a
fee in an amount determined by the Secretary of the Interior
under subsection (b).
(b) Amount.--The fee authorized under subsection (a) shall
be established by the Secretary of the Interior in an amount
that is determined by the Secretary of the Interior to be
appropriate to cover the aggregate cost of processing an
expression of interest under this section, but not less than
$15 per acre and not more than $50 per acre of the area
covered by the applicable expression of interest.
(c) Adjustment of Fee.--The Secretary of the Interior
shall, by regulation at least every 4 years, establish a
higher expression of interest fee to reflect the change in
inflation.
SEC. 71408. ELIMINATION OF NONCOMPETITIVE LEASING.
The Secretary of the Interior may not issue an oil or gas
lease noncompetitively. Land made available by the Secretary
of the Interior for oil and gas leasing for which no bid is
accepted or received, or the land for which a lease
terminates, expires, is cancelled, or is relinquished, may
only be made available by the Secretary of the Interior for a
new round of sealed, competitive bidding.
SEC. 71409. OIL AND GAS BONDING REQUIREMENTS.
Not later than 18 months after the date of enactment of
this subtitle, the Secretary of the Interior shall publish a
final rule in the Federal Register requiring that an adequate
bond, surety, or other financial arrangement be provided by
an oil or gas lessee prior to the commencement of surface-
disturbing activities on an onshore oil and gas lease issued
by the Secretary to ensure the complete and timely
restoration and reclamation of any land, water, range, or
other environmental resources adversely affected by lease
activities or operations after the abandonment or cessation
of oil and gas operations on the lease. The Secretary of the
Interior shall find that a bond, surety or other financial
arrangement required by rule or regulation is inadequate if
it is for less than the complete and timely reclamation of
the least tract, the restoration of any lands or surface
waters adversely affected by lease operations, and, in the
case of an idled well, the total plugging and reclamation
costs for each idled well controlled by the same operator.
SEC. 71410. PER-ACRE LEASE FEES.
(a) Oil and Gas Lease Fees.--The Secretary of the Interior
shall charge onshore and offshore oil and gas leaseholders
the following annual, non-refundable fees:
(1) Conservation of resources fee.--There is established a
Conservation of Resources Fee of $4 per acre per year on new
producing Federal onshore and offshore oil and gas leases.
(2) Speculative leasing fee.--There is established a
Speculative Leasing Fee of $6 per acre per year on new
nonproducing Federal onshore and offshore oil and gas leases.
(b) Deposit.--All funds collected pursuant to subsection
(a) shall be deposited into the United States Treasury
General Fund.
(c) Adjustment for Inflation.--The Secretary of the
Interior shall, by regulation at least once every four years,
adjust each fee created by subsection (a) to reflect any
increase in inflation.
SEC. 71411. OFFSHORE OIL AND GAS INSPECTION FEES.
(a) In General.--
(1) Establishment.--The Secretary of the Interior shall
collect inspection fees from the operators of oil and gas
facilities on the outer continental shelf subject to any
environmental or safety regulation to prevent or ameliorate
blowouts, fires, spills, spillages, or major accidents--
(A) at an aggregate level to offset the annual expenses of
such inspections; and
(B) using a schedule that reflect the differences in
complexity among the classes of facilities to be inspected.
(2) Adjustment for inflation.--For each fiscal year
beginning after fiscal year 2022, the Secretary of the
Interior shall adjust the amount of the fees collected under
this section for inflation.
(3) Fees for fiscal year 2022.--
(A) Annual fees.--For fiscal year 2022, the Secretary of
the Interior shall collect annual fees from the operator of
facilities that are above the waterline, excluding drilling
rigs, and are in place at the start of the fiscal year in the
following amounts:
(i) $11,725 for facilities with no wells, but with
processing equipment or gathering lines.
(ii) $18,984 for facilities with 1 to 10 wells, with any
combination of active or inactive wells.
(iii) $35,176 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(B) Fees for drilling rigs.--For fiscal year 2022, the
Secretary of the Interior shall collect fees for each
inspection from the operators of drilling rigs in the
following amounts:
[[Page H6464]]
(i) $34,059 per inspection for rigs operating in water
depths of 500 feet or more.
(ii) $18,649 per inspection for rigs operating in water
depths of less than 500 feet.
(C) Fees for non-rig units.--For fiscal year 2022, the
Secretary of the Interior shall collect fees for each
inspection from the operators of well operations conducted
via non-rig units in the following amounts:
(i) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more.
(ii) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet.
(iii) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(b) Disposition.--Amounts collected as fees under
subsection (a) shall be deposited into the general fund of
the Treasury.
(c) Billing.--
(1) Annual fees.--The Secretary of the Interior shall bill
designated operators under subsection (a)(3)(A) annually,
with payment required not later than 30 days after such
billing.
(2) Fees for drilling rigs.--The Secretary of the Interior
shall bill designated operators under subsection (a)(3)(B)
not later than 30 days after the end of the month in which
the inspection occurred, with payment required not later than
30 days after such billing.
SEC. 71412. ONSHORE OIL AND GAS INSPECTION FEES.
(a) In General.--The designated operator under each oil and
gas lease on Federal land or each unit and communitization
agreement that includes one or more such Federal leases that
is subject to inspection and that is in force at the start of
the fiscal year 2021, shall pay a nonrefundable annual
inspection fee in an amount that, except as provided in
subsection (b), is established by the Secretary of the
Interior by regulation and is sufficient to recover the full
costs incurred by the United States for inspection and
enforcement with respect to such leases.
(b) Amount.--Until the effective date of regulations under
subsection (a)--
(1) the amount of the fee for all States shall be $1,000
for each lease, unit, or communitization agreement; and
(2) the Secretary of the Interior may increase the fees
based upon the actual costs incurred for inspections.
(c) Assessment for Fiscal Year 2022.--For fiscal year 2022,
the Secretary of the Interior shall assess the fee described
under this section at $1,000 for each lease, unit, or
communitization agreement, and shall provide notice of such
assessment to each designated operator who is liable for such
fee, by not later than 60 days after the date of enactment of
this section.
SEC. 71413. SEVERANCE FEES.
The Secretary of the Interior shall collect annual, non-
refundable fees on fossil fuels produced from new leases on
Federal lands and the Outer Continental Shelf and deposit the
funds into the United States Treasury General Fund. Such fees
shall be--
(1) $0.50 per barrel of oil equivalent on oil and natural
gas produced from Federal lands and the Outer Continental
Shelf; and
(2) $2 per metric ton of coal produced from Federal lands.
SEC. 71414. IDLED WELL FEES.
(a) In General.--The Secretary of the Interior shall, not
later than 180 days after the date of enactment of this
section, issue regulations to require each operator of an
idled well on Federal land and the Outer Continental Shelf to
pay an annual, nonrefundable fee for each such idled well in
accordance with this subsection.
(b) Amounts.--Except as provided in subsection (d), the
amount of the fee shall be as follows:
(1) $500 for each well that has been considered an idled
well for at least 1 year, but not more than 5 years.
(2) $1,500 for each well that has been considered an idled
well for at least 5 years, but not more than 10 years.
(3) $3,500 for each well that has been considered an idled
well for at least 10 years, but not more than 15 years.
(4) $7,500 for each well that has been considered an idled
well for at least 15 years.
(c) Due Date.--An owner of an idled well that is required
to pay a fee under this section shall submit to the Secretary
of the Interior such fee by not later than October 1 of each
year.
(d) Adjustment for Inflation.--The Secretary of the
Interior shall, by regulation not less than once every 4
years, adjust each fee under this section to account for
inflation.
(e) Deposit.--All funds collected pursuant to subsection
(a) shall be deposited into the United States Treasury
General Fund.
(f) Idled Well Definition.--For the purposes of this
section, the term ``idled well'' means a well that has been
non-operational for at least two consecutive years and for
which there is no anticipated beneficial future use.
SEC. 71415. ANNUAL PIPELINE OWNERS FEE.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Bureau of Safety and
Environmental Enforcement shall issue regulations to assess
an annual fee on owners of existing and new offshore oil and
gas pipelines defined as ``DOI pipelines'' under 30 C.F.R.
250.1001. No portion of such fee that is passed on to a
lessee may be deducted as part of a lessee's transportation
allowance when calculating royalties due to the United
States.
(b) Amounts.--Fees established under this paragraph shall
be--
(1) $10,000 per mile for pipelines in water with a depth of
500 feet or greater; and
(2) $1,000 per mile for pipelines in water depth of under
500 feet.
SEC. 71416. ROYALTIES ON ALL EXTRACTED METHANE.
(a) In General.--Except as provided in subsection (b),
royalties paid for gas produced from Federal lands and on the
Outer Continental Shelf shall be assessed on all gas
produced, including--
(1) gas used or consumed within the area of the lease tract
for the benefit of the lease; and
(2) all gas that is consumed or lost by venting, flaring,
or fugitive releases through any equipment during upstream
operations.
(b) Exception.--Subsection (a) shall not apply with respect
to gas vented or flared for not longer than 48 hours in an
acute emergency situation that poses a danger to human
health.
SEC. 71417. ELIMINATION OF ROYALTY RELIEF.
(a) Limitation on Authority.--The Secretary of the Interior
may not reduce, eliminate, or suspend royalties or net profit
share for any oil and gas leases on the Outer Continental
Shelf. Royalty relief may not be permitted on any future oil
and gas leases on the Outer Continental Shelf.
(b) Repeal.--Section 39 of the Mineral Leasing Act (30
U.S.C. 209) is repealed.
Subtitle O--United States Geological Survey
SEC. 71501. UNITED STATES GEOLOGICAL SURVEY 3D ELEVATION
PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the Director of the United States Geological
Survey for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $47,000,000, to remain available
until September 30, 2031, to produce, collect, disseminate,
and use 3D elevation data.
SEC. 71502. CLIMATE ADAPTATION SCIENCE CENTERS.
In addition to amounts otherwise available, there is
appropriated to the United States Geological Survey for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $50,000,000, to remain available
until September 30, 2031, for the Regional and National
Climate Adaptation Science Centers to provide localized
information to help communities respond to climate change.
TITLE VIII--COMMITTEE ON OVERSIGHT AND REFORM
SEC. 80001. GENERAL SERVICES ADMINISTRATION CLEAN FLEETS.
In addition to amounts otherwise available, there is
appropriated to the Administrator of General Services for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $2,995,000,000, to remain available
until September 30, 2026, for the procurement of zero-
emission and electric vehicles and related costs.
SEC. 80002. FUNDING FOR GENERAL SERVICES ADMINISTRATION
OFFICE OF INSPECTOR GENERAL.
In addition to amounts otherwise available, there is
appropriated to the Office of Inspector General of the
General Services Administration for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$5,000,000, to remain available until September 30, 2031, to
support oversight of General Services Administration
activities implemented pursuant to this Act.
SEC. 80003. UNITED STATES POSTAL SERVICE CLEAN FLEETS.
In addition to amounts otherwise available, there is
appropriated to the United States Postal Service for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, the following amounts, to be deposited into the
Postal Service Fund established under section 2003 of title
39, United States Code:
(1) $2,573,550,000, to remain available through September
30, 2031, for the purchase of electric delivery vehicles.
(2) $3,411,450,000, to remain available through September
30, 2031, for the purchase, design, and installation of the
requisite infrastructure to support electric delivery
vehicles at facilities that the United States Postal Service
owns or leases from non-Federal entities.
SEC. 80004. UNITED STATES POSTAL SERVICE OFFICE OF INSPECTOR
GENERAL.
In addition to amounts otherwise available, there is
appropriated to the Office of Inspector General of the United
States Postal Service for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $15,000,000, to
remain available through September 30, 2031, to support
oversight of United States Postal Service activities
implemented pursuant to this Act.
SEC. 80005. GOVERNMENT ACCOUNTABILITY OFFICE OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the Comptroller General of the United States
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $25,000,000, to remain available
until September 30, 2031, for necessary expenses of the
Government Accountability Office to support the oversight
of--
(1) the distribution and use of funds appropriated under
this Act; and
(2) whether the economic, social, and environmental impacts
of the funds described in paragraph (1) are equitable.
SEC. 80006. OFFICE OF MANAGEMENT AND BUDGET OVERSIGHT.
In addition to amounts otherwise available, there are
appropriated to the Director of the Office of Management and
Budget for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $25,000,000, to remain available
until September 30, 2026, for necessary expenses to--
(1) support the implementation of this Act; and
(2) track labor, equity, and environmental standards and
performance.
SEC. 80007. GENERAL SERVICES ADMINISTRATION EMERGING
TECHNOLOGIES.
In addition to amounts otherwise available, there is
appropriated to the Administrator of General Services for
fiscal year 2022, out of any
[[Page H6465]]
money in the Treasury not otherwise appropriated,
$975,000,000, to remain available until September 30, 2026,
for emerging and sustainable technologies, and related
sustainability and environmental programs.
SEC. 80008. GENERAL SERVICES ADMINISTRATION PROCUREMENT AND
TECHNOLOGY.
In addition to amounts otherwise available, there is
appropriated to the Administrator of General Services for
fiscal year 2022 out of any money in the Treasury not
otherwise appropriated, $3,250,000,000, to remain available
until September 30, 2026, for the purchase of goods,
services, and systems to improve energy efficiency, promote
the purchase of lower-carbon materials, and reduce the carbon
footprint.
SEC. 80009. TECHNOLOGY MODERNIZATION FUND.
In addition to amounts otherwise available, there is
appropriated to the Administrator of General Services for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $250,000,000, to remain available
until September 30, 2026, to carry out the purposes of the
Technology Modernization Fund.
SEC. 80010. FEDERAL CITIZENS SERVICES FUND.
In addition to amounts otherwise available, there is
appropriated to the Administrator of General Services for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $200,000,000, to remain available
until September 30, 2026, to carry out the purposes of the
Federal Citizen Services Fund.
SEC. 80011. INFORMATION TECHNOLOGY OVERSIGHT AND REFORM FUND.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2026, $50,000,000 for the Information
Technology Oversight and Reform Fund.
TITLE IX--COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY
SEC. 90001. DEPARTMENT OF ENERGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION ACTIVITIES.
(a) Office of Energy Efficiency and Renewable Energy.--In
addition to amounts otherwise available, there is
appropriated to the Department of Energy Office of Energy
Efficiency and Renewable Energy for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$1,000,000,000, to remain available until September 30, 2026,
to carry out demonstration projects, including demonstration
of advanced--
(1) building technologies;
(2) solar energy technologies;
(3) geothermal energy technologies;
(4) wind energy technologies;
(5) water power technologies;
(6) bioenergy technologies; and
(7) vehicle technologies.
(b) Office of Science.--In addition to amounts otherwise
available, there is appropriated to the Office of Science of
the Department of Energy for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, to remain
available until September 30, 2026--
(1) $100,000,000 to carry out the low-dose radiation
research program established under section 306(c) of the
Department of Energy Research and Innovation Act (42 U.S.C.
18644(c)(1));
(2) $200,000,000 to carry out the fusion materials research
and development program established under section 307(b) of
the Department of Energy Research and Innovation Act (42
U.S.C. 18645(b));
(3) $200,000,000 to carry out the alternative and enabling
fusion energy concepts program established under section
307(e) of the Department of Energy Research and Innovation
Act (42 U.S.C. 18645(e));
(4) $325,000,000 to carry out the milestone-based fusion
energy development program established under section 307(i)
of the Department of Energy Research and Innovation Act (42
U.S.C. 18645(i));
(5) $140,000,000 to carry out the program of research and
technology development in inertial fusion for energy
applications established under section 307(d) of the
Department of Energy Research and Innovation Act (42 U.S.C.
18645(d)); and
(6) $20,000,000 to carry out the fusion reactor system
design activities authorized in section 307(j) of the
Department of Energy Research and Innovation Act (42 U.S.C.
18645(j).
(c) Office of Fossil Energy and Carbon Management.--In
addition to amounts otherwise available, there is
appropriated to the Department of Energy Office of Fossil
Energy and Carbon Management for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$10,000,000, to remain available until September 30, 2026, to
carry out on-site demonstration projects on the reduction of
environmental impacts of produced water.
(d) Diversity Support.--In addition to amounts otherwise
available, there is appropriated to the Department of Energy
Office of Economic Impact and Diversity for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$5,000,000, to remain available until September 30, 2026, to
support programs across the Department's civilian research,
development, demonstration, and commercial application
activities.
SEC. 90002. AVAILABILITY OF HIGH-ASSAY LOW-ENRICHED URANIUM.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Energy
for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, to remain available until September
30, 2026, $500,000,000 to carry out the program elements
described in subparagraphs (D) through (H) of section
2001(a)(2) of the Energy Act of 2020 (42 U.S.C. 16281(a)(2)),
and for related administrative expenses.
(b) Competitive Procedures.--To the maximum extent
practicable, the Department of Energy shall, in a manner
consistent with section 989 of the Energy Policy Act of 2005
(42 U.S.C. 16353), use a competitive, merit-based review
process in carrying out research, development, demonstration,
and deployment activities under section 2001 of the Energy
Act of 2020 (42 U.S.C. 16281).
SEC. 90003. AIR QUALITY AND CLIMATE RESEARCH.
In addition to amounts otherwise available, there is
appropriated to the Environmental Protection Agency for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain available
until September 30, 2026, for air quality and climate
research in support of research related to climate change
mitigation, adaptation and resilience activities to help
reduce the impacts of climate change on human health and
welfare; the issuance of award grants for the collection of
regional and local climate data to better estimate the
economic impacts of climate change and support community-
based responses to climate change to better anticipate,
prepare for, adapt to, and recover from climate-driven
extreme events; research on the impacts of climate change,
and the cumulative impacts of pollution exposure, in low-
income and disadvantaged communities.
SEC. 90004. PFAS REPLACEMENT ASSISTANCE TO FIREFIGHTERS
GRANTS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$95,000,000, to remain available until September 30, 2030, to
the Federal Emergency Management Agency for grants for
personal protective firefighting equipment and firefighting
foam that does not contain perfluoroalkyl or polyfluoroalkyl
substances.
(b) Program Administration.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $5,000,000, to remain available until September
30, 2030, to the Federal Emergency Management Agency for the
administration and management of this section.
(c) Applications.--With respect to the grant program
described in subsection (a), the Administrator of the Federal
Emergency Management Agency shall--
(1) require eligible applicants to submit an application at
such time, in such form, and containing such information and
assurances as the Administrator of the Federal Emergency
Management Agency may require; and
(2) establish appropriate review and delivery mechanisms
for an application submitted under paragraph (1).
SEC. 90005. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
INFRASTRUCTURE.
In addition to amounts otherwise available, there are
appropriated to the National Aeronautics and Space
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $748,000,000, to remain
available until September 30, 2028, for repair,
recapitalization, modification, modernization, and
construction of physical infrastructure and facilities,
including related administrative expenses, consistent with
the responsibilities under sections 31502 and 31503 of title
51, United States Code.
SEC. 90006. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
CLIMATE RESEARCH AND DEVELOPMENT.
In addition to amounts otherwise available, there are
appropriated to the National Aeronautics and Space
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2028--
(1) $85,000,000 for research and development on subseasonal
to seasonal models and observations, climate resilience and
sustainability, and for airborne instruments, campaigns, and
surface networks to understand, observe, and mitigate climate
change and its impacts, consistent with NASA's mission to
expand human knowledge of the Earth, as carried out through
programs under the Earth Science Division, and for research
and development activities on upper atmospheric research, and
for related administrative expenses;
(2) $30,000,000 for investments in data management and
processing to support research, development, and applications
to understand, observe, and mitigate climate change and its
impacts, consistent with NASA's mission to expand human
knowledge of the Earth, as carried out through programs under
the Earth Science Division, and for related administrative
expenses;
(3) $25,000,000 for research and development to support the
wildfire fighting community and improve wildfire fighting
operations through new and existing programs under the
authority of the Administrator of the National Aeronautics
and Space Administration, and for related administrative
expenses; and
(4) $225,000,000 for aeronautics research and development
on sustainable aviation, consistent with sections 40701 and
40702 of title 51, United States Code, and for related
administrative expenses.
SEC. 90007. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
OFFICE OF INSPECTOR GENERAL.
In addition to amounts otherwise available, there are
appropriated to the National Aeronautics and Space
Administration for fiscal year 2022, out of money in the
treasury not otherwise appropriated, $2,000,000, to remain
available until September 30, 2030, for the Office of
Inspector General to provide oversight over the management of
funds appropriated under sections 90005 and 90006.
[[Page H6466]]
SEC. 90008. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
RESEARCH.
In addition to amounts otherwise available, there is
appropriated to the National Institute of Standards and
Technology for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated $100,000,000, to remain
available until September 30, 2028, for research on the
impact of fire on structures and communities located at the
Wildland Urban Interface under the direction of the
Institute, and for related administrative expenses.
SEC. 90009. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.
In addition to amounts otherwise available, there is
appropriated to the National Institute of Standards and
Technology for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $260,000,000, to remain
available until September 30, 2028, for the Hollings
Manufacturing Extension Partnership of the National Institute
of Standards and Technology and for related administrative
expenses.
SEC. 90010. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
MANUFACTURING.
In addition to amounts otherwise available, there is
appropriated to the National Institute of Standards and
Technology for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated--
(1) $220,000,000, to remain available until September 30,
2028, to provide funds for advanced manufacturing research,
development, and testbeds, through new and existing programs
and public private partnerships, and for related
administrative expenses; and
(2) $20,000,000, to remain available until September 30,
2028, for the development and execution of a cybersecurity
workforce training center, and for related administrative
expenses.
SEC. 90011. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
RESEARCH INFRASTRUCTURE.
In addition to amounts otherwise available, there is
appropriated to the National Institute of Standards and
Technology for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $650,000,000, to remain
available until September 30, 2028, for the upgrade,
replacement, maintenance, or renovation of facilities and
equipment as necessary to conduct laboratory activities, and
for related administrative expenses.
SEC. 90012. OCEANIC AND ATMOSPHERIC RESEARCH AND FORECASTING
FOR WEATHER AND CLIMATE.
(a) Forecasting and Research.--In addition to amounts
otherwise available, there is appropriated to the National
Oceanic and Atmospheric Administration for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$200,000,000, to remain available until September 30, 2026,
to accelerate advances and improvements in research,
observation systems, modeling, forecasting, assessments, and
dissemination of information to the public as it pertains to
ocean and atmospheric processes related to weather, coasts,
oceans, and climate, and to carry out section 102(a) of the
Weather Research and Forecasting Innovation Act of 2017 (15
U.S.C. 8512(a)), and for related administrative expenses.
(b) Research Grants and Science Information, Products, and
Services.--In addition to amounts otherwise available, there
are appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2026--
(1) $100,000,000 for competitive grants to fund climate
research as it relates to weather, ocean, coastal, and
atmospheric processes and conditions, and impacts to marine
species and coastal habitat, and for related administrative
expenses; and
(2) $100,000,000 for education and training pursuant to
section 4002(b)(2) of the America COMPETES Act (33 U.S.C.
893a(b)(2)), and for increased development and dissemination
of climate science information, products, and services, in
support of climate adaptation preparedness as it relates to
weather, ocean, coastal, and atmospheric processes and
conditions, impacts to marine species and coastal habitat,
and for related administrative expenses.
(c) Research Infrastructure and Procurement.--In addition
to amounts otherwise available, there are appropriated to the
National Oceanic and Atmospheric Administration for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
September 30, 2026, for the provision of research
infrastructure that improves accuracy, timing, and
dissemination of public information concerning extreme
climate and weather and for procurements necessary to support
the activities described in subsections (a) and (b), and for
related administrative expenses.
SEC. 90013. CLIMATE EDUCATION.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $20,000,000, to remain
available until September 30, 2026, for contracts, grants,
and technical assistance for education activities and
materials under section 4002(b)(2) of the America COMPETES
Act (33 U.S.C. 893a(b)(2)) related to improving public
understanding of climate change as it relates to weather,
ocean, coastal, and atmospheric processes and conditions and
marine fisheries and resources, and for related
administrative expenses. None of the funds provided by this
subsection shall be subject to cost-sharing or matching
requirements.
SEC. 90014. COMPUTING CAPACITY AND RESEARCH FOR WEATHER,
OCEANS, AND CLIMATE.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $200,000,000, to remain
available until September 30, 2026, for the procurement of
additional high-performance computing, data processing
capacity, data management, and storage assets, to carry out
section 204(a)(2) of the High-Performance Computing Act of
1991 (15 U.S.C. 5524(a)(2)), and for transaction agreements
authorized under section 301(d)(1)(A) of the Weather Research
and Forecasting Innovation Act of 2017 (15 U.S.C.
8531(d)(1)(A)), and for related administrative expenses.
SEC. 90015. ACQUISITION OF HURRICANE FORECASTING AIRCRAFT.
In addition to amounts otherwise available, there is
appropriated to the National Oceanic and Atmospheric
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $139,000,000, to remain
available until September 30, 2026, for the acquisition of
hurricane hunter aircraft under section 413(a) of the Weather
Research and Forecasting Innovation Act of 2017 (15 U.S.C.
8549(a)).
SEC. 90016. NATIONAL SCIENCE FOUNDATION CORE RESEARCH.
In addition to amounts otherwise available, there is
appropriated to the National Science Foundation (referred to
in this section as ``the Foundation'') for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated--
(1) $668,000,000, to remain available until September 30,
2026, to fund or extend new and existing research awards,
traineeships, scholarships, and fellowships administered by
the National Science Foundation, across all science,
technology, engineering, and mathematics disciplines
supported by the National Science Foundation, and for related
administrative expenses;
(2) $25,000,000, to remain available until September 30,
2028, for activities and research to ensure broad demographic
participation in the activities of the Foundation, consistent
with the goals under section 526(a)(7) of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-
14(a)(7)) and section 3(e) of the National Science Foundation
Act of 1950 (42 U.S.C. 1862(e)), and for related
administrative expenses; and
(3) $500,000,000, to remain available until September 30,
2028, for climate change research as it relates to
fundamental understanding of physical, chemical, biological,
and human systems and the interactions among them, and for
related administrative expenses.
SEC. 90017. NATIONAL SCIENCE FOUNDATION TECHNOLOGY,
INNOVATION, AND PARTNERSHIPS DIRECTORATE.
In addition to amounts otherwise available, there is
appropriated to the National Science Foundation for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated--
(1) $1,520,000,000, to remain available until September 30,
2026, to fund and administer the Directorate for Technology,
Innovation, and Partnerships, which shall accelerate use-
inspired and translational research and the development,
commercialization, and use of technologies and innovations of
national importance, including technologies and innovations
relevant to natural disaster mitigation and other societal
challenges, through programs of the National Science
Foundation, and for related administrative expenses;
(2) $25,000,000, to remain available until September 30,
2028, for research security activities;
(3) $200,000,000, to remain available until September 30,
2028, for research capacity building at historically Black
colleges and universities, Tribal Colleges and Universities,
Hispanic-serving institutions, and other minority-serving
institutions, administered through the Directorate for
Technology, Innovation, and Partnerships, and for related
administrative expenses; and
(4) $55,000,000, to remain available until September 30,
2028, to fund cybersecurity education and training, including
scholarships, through programs of the National Science
Foundation, and for related administrative expenses.
SEC. 90018. NATIONAL SCIENCE FOUNDATION RESEARCH
INFRASTRUCTURE.
In addition to amounts otherwise available, there is
appropriated to the National Science Foundation for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated--
(1) $200,000,000 to remain available until September 30,
2026, for the repair, renovation, or, in exceptional cases,
replacement of obsolete science and engineering facilities
primarily devoted to research and research training, and for
related administrative expenses;
(2) $200,000,000, to remain available until September 30,
2026, for additional mid-scale and major research
instrumentation, equipment, and infrastructure awards under
the direction of the National Science Foundation, and for
related administrative expenses; and
(3) $100,000,000, to remain available until September 30,
2028, for academic research facilities modernization and
research instrumentation, including construction, upgrade,
renovation, or repair of research infrastructure, at
historically Black colleges and universities, Tribal Colleges
and Universities, Hispanic-serving institutions, and other
minority-serving institutions, through programs of the
National Science Foundation, and for related administrative
expenses.
SEC. 90019. NATIONAL SCIENCE FOUNDATION OVERSIGHT.
In addition to amounts otherwise available, there is
appropriated to the National Science Foundation for fiscal
year 2022, out of any
[[Page H6467]]
money in the Treasury not otherwise appropriated, $7,000,000,
to remain available until September 30, 2030, for
administrative expenses of the Inspector General relating to
oversight of funds provided to the National Science
Foundation under this Act.
TITLE X--COMMITTEE ON SMALL BUSINESS
Subtitle A--Increasing Federal Contracting Opportunities for Small
Businesses
SEC. 100101. VETERAN FEDERAL PROCUREMENT ENTREPRENEURSHIP
TRAINING PROGRAM.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $35,000,000, to remain
available until September 30, 2030, for carrying out
subsection (h) of section 32 of the Small Business Act (15
U.S.C. 657b), as added by this section.
(b) Establishment.--Section 32 of the Small Business Act
(15 U.S.C. 657b) is amended by adding at the end the
following:
``(h) Veteran Federal Procurement Entrepreneurship Training
Program.--The Administrator, acting through the Associate
Administrator, shall make grants to, or enter into
cooperative agreements with, nonprofit entities to operate a
Federal procurement entrepreneurship training program to
provide assistance to small business concerns owned and
controlled by veterans regarding how to increase the
likelihood of being awarded contracts with the Federal
Government. A grant or cooperative agreement under this
subsection--
``(1) shall be made to or entered into with nonprofit
entities that have a track record of successfully providing
educational and job training services to veteran populations
from diverse locations; and
``(2) shall include terms under which the nonprofit
entities shall use a diverse group of professional service
experts, such as Federal, State, and local contracting
experts and private sector industry experts with first-hand
experience in Federal Government contracting, to provide
assistance to small business concerns owned and controlled by
veterans through a program operated under this section.''.
SEC. 100102. EXPANDING SURETY BOND PROGRAM.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2031--
(1) $85,000,000 for additional capital for the fund
established under section 412 of the Small Business
Investment Act of 1958 (15 U.S.C. 694c); and
(2) $15,000,000 for administrative expenses and oversight
costs related to carrying out this section, and any
amendments made by this section.
(b) Expanding Surety Bond Program.--Part B of title IV of
the Small Business Investment Act of 1958 is amended--
(1) in section 411--
(A) in subsection (a)(1)--
(i) in subparagraph (A), by striking ``$6,500,000'' and
inserting ``$10,000,000''; and
(ii) by amending subparagraph (B) to read as follows:
``(B) The Administrator may guarantee a surety under
subparagraph (A) for a total work order or contract in an
amount that does not exceed $20,000,000.''; and
(B) in subsection (e)(2), by striking ``$6,500,000'' and
inserting ``the amount described in subparagraph (A) or (B)
of subsection (a)(1), as applicable''; and
(2) in section 412(a) (15 U.S.C. 694c(a)), in the third
sentence, by striking ``, excluding administrative
expenses,''.
Subtitle B--Empowering Small Business Creation and Expansion in
Underrepresented Communities
SEC. 100201. FUNDING FOR UPLIFT INCUBATORS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2031--
(1) $850,000,000 for carrying out section 49 of the Small
Business Act, as added by subsection (b); and
(2) $150,000,000 for administrative expenses and costs
related to carrying out section 49 of the Small Business Act,
as added by subsection (b).
(b) Establishment.--The Small Business Act is amended--
(1) by redesignating section 49 (15 U.S.C. 631 note) as
section 54; and
(2) by inserting after section 48 the following:
``SEC. 49. UPLIFT INCUBATORS.
``(a) Definitions.--In this section:
``(1) Economic development organization.--The term
`economic development organization'--
``(A) means a regional, State, tribal, or local private
nonprofit organization established for purposes of promoting
or otherwise facilitating economic development; and
``(B) includes community financial institutions, as defined
in section 7(a)(36)(A).
``(2) Eligible applicant.--The term `eligible applicant'
means--
``(A) an economic development organization;
``(B) an SBA partner organization;
``(C) a historically Black college or university;
``(D) an institution of higher education, as described in
section 371(a) of the Higher Education Act; or
``(E) a junior or community college.
``(3) Eligible small business concern.--The term `eligible
small business concern' means a business concern that--
``(A) is organized or incorporated in the United States;
``(B) is operating primarily in the United States;
``(C) meets--
``(i) the applicable industry-based size standard
established under section 3; or
``(ii) the alternate size standard applicable to the
program under section 7(a) or the loan programs under title V
of the Small Business Investment Act of 1958;
``(D) is--
``(i) in the planning stages or has been in business for
not more than 5 years as of the date on which assistance
under this section commences; or
``(ii) a small government contractor; and
``(E) is--
``(i) owned and controlled by 1 or more members of an
underrepresented community; or
``(ii) a Native Entity.
``(4) Historically black college or university.--The term
`historically Black college or university' means a `part B
institution', as defined in section 322 of the Higher
Education Act of 1965.
``(5) Member of an underrepresented community.--The term
`member of an underrepresented community' means an
individual--
``(A) who is a resident of--
``(i) a low-income community, as defined in section 45D(e)
of the Internal Revenue Code of 1986;
``(ii) a low-income rural community; or
``(iii) a HUBZone, as defined in section 31(b);
``(B) who is a member of an Indian or Alaska Native tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the most recent list published pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994;
``(C) with a disability, as defined in section 3 of the
Americans with Disabilities Act of 1990;
``(D) who is a veteran;
``(E) who completed a term of imprisonment; or
``(F) who is otherwise identified by the Administrator.
``(6) Native entity.--The term `Native Entity' means--
``(A) an Alaska Native Corporation, as defined in section
3(m) of the Alaska Native Claims Settlement Act; and
``(B) a Native Hawaiian organization, as defined in section
6207 of the Elementary and Secondary Education Act of 1965.
``(7) SBA partner organization.--The term `SBA partner
organization' means any organization awarded financial
assistance in the form of a grant, prize, cooperative
agreement, or contract for the purpose of conducting a public
project funded, either in whole or in part, under a program
of the Administration.
``(8) Small government contractor.--The term `small
government contractor' means a small business concern that is
performing a government contract or subcontract.
``(9) Uplift incubator.--The term `uplift incubator' means
an organization that is designed to accelerate the growth and
success of startups and small business concerns through a
variety of business support resources and services,
including--
``(A) access to physical workspace and facilities;
``(B) access to capital, business education, and
counseling;
``(C) networking opportunities;
``(D) mentorship opportunities;
``(E) assistance in becoming prime contractors and
submitting bids for prime contracts;
``(F) conducting market research, drafting statements, and
identifying acquisition authorities under which eligible
small business concerns assisted under this section may enter
into Federal contracts or agreements; and
``(G) other services intended to aid in developing a
business.
``(b) Authority.--The Administrator may provide financial
assistance on a competitive basis in the form of a grant,
prize, cooperative agreement, or contract to an eligible
applicant for purposes of--
``(1) providing the services of a uplift incubator to
eligible small business concerns; or
``(2) expanding or establishing a network of the eligible
applicant to provide the services of a uplift incubator to
eligible small business concerns.
``(c) Use of Funds.--An eligible applicant that receives
assistance under this section--
``(1) shall support areas that serve members of an
underrepresented community by providing the services of a
uplift incubator; and
``(2) shall not impose or otherwise collect a fee or other
compensation from eligible small business concerns in
connection with the provision of such services.
``(d) Penalties for Failure to Abide by Terms or Conditions
of Award.--At the discretion of the Administrator and in
addition to any other civil or criminal consequences, the
Administrator shall withhold payments to an eligible
applicant or order the eligible applicant to return any
assistance provided under this section for failure to abide
by the terms and conditions of such assistance.''.
SEC. 100202. OFFICE OF NATIVE AMERICAN AFFAIRS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not
otherwise appropriated for fiscal year 2022, $10,000,000, to
remain available until September 30, 2029, to carry out
section 50 of the Small Business Act, as added by subsection
(b).
(b) Establishment.--The Small Business Act is amended by
inserting after section 49, as
[[Page H6468]]
added by section 100201 of this title, the following:
``SEC. 50. OFFICE OF NATIVE AMERICAN AFFAIRS.
``(a) Definitions.--In this section:
``(1) Alaska native corporation.--The term `Alaska Native
Corporation' has the meaning given the term section 3(m) of
the Alaska Native Claims Settlement Act.
``(2) Indian tribe.--The term `Indian Tribe' means any
Indian or Alaska Native tribe, band, nation, pueblo, village,
community, component band, or component reservation,
individually identified (including parenthetically) in the
most recent list published pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994.
``(3) Native american.--The term `Native American' means a
member of an Indian Tribe.
``(4) Native hawaiian organization.--The term `Native
Hawaiian Organization' has the meaning given in section 6207
of the Elementary and Secondary Education Act of 1965.
``(5) Resource partners.--The term `resource partners'
means--
``(A) small business development centers;
``(B) women's business centers described in section 29;
``(C) chapters of the Service Corps of Retired Executives
established under section 8(b)(1)(B); and
``(D) Veteran Business Outreach Centers described in
section 32.
``(b) Establishment.--There is established in the
Administration an Office of Native American Affairs, in this
section referred to as the `Office', which shall provide
entrepreneurship outreach and development assistance to
Native Americans, Native Hawaiian Organizations and members
thereof, Alaska Native Corporations and members thereof, and
Indian Tribes, through the Native American Outreach Program
established under subsection (c).
``(c) Native American Outreach Program.--
``(1) Establishment.--The Administrator shall establish and
administer a Native American Outreach Program within the
Office--
``(A) to ensure that small business concerns owned and
controlled by Native Americans, Native Hawaiian
Organizations, Alaska Native Corporations, and Indian Tribes,
and Native American entrepreneurs have access to programs and
services of the Administration;
``(B) to provide information to State, local, and tribal
governments and other interested persons about Federal
assistance available to small business concerns owned and
controlled by Native Americans, Native Hawaiian
Organizations, Alaska Native Corporations, and Indian Tribes,
and Native American entrepreneurs; and
``(C) to ensure access to in-person and virtual counseling
and training services to small business concerns owned and
controlled by Native Americans, Native Hawaiian
Organizations, Alaska Native Corporations, and Indian Tribes,
and Native American entrepreneurs.
``(2) Services.--The services described in paragraph (1)
shall include--
``(A) financial education on applying for and securing
credit, loan guarantees, surety bonds, and investment
capital, managing financial operations, and preparing and
presenting financial statements and business plans;
``(B) education on management of a small business concern,
including planning, organizing, staffing, and marketing;
``(C) identifying market opportunities; and
``(D) implementing economic and business development
strategies to improve long-term job growth.''.
SEC. 100203. OFFICE OF RURAL AFFAIRS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not
otherwise appropriated for fiscal year 2022, $10,000,000, to
remain available until September 30, 2029, to carry out
subsection (d) of section 26 of the Small Business Act (15
U.S.C. 653), as added by subsection (b).
(b) Office of Rural Affairs.--Section 26 of the Small
Business Act (15 U.S.C. 653) is amended by adding at the end
the following:
``(d) Rural Small Business Conferences.--The Office shall
administer 1 or more annual Rural Small Business Conferences,
to be held in various regions of the United States. The
purpose of such Conferences shall be to--
``(1) promote policies and programs of the Administration
specific to small business concerns located in rural areas,
and make publicly available information about such policies
and programs;
``(2) coordinate with all offices of the Administration,
resource partners, lenders, and other interested persons to
ensure that the needs of small business concerns located in
rural area are being met; and
``(3) analyze data on the effectiveness of programs of the
Administration that benefit small business concerns located
in rural areas.''.
SEC. 100204. OFFICE OF EMERGING MARKETS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not
otherwise appropriated in fiscal year 2022, $10,000,000, to
remain available until September 30, 2029, to carry out
subsection (o) of section 7 of the Small Business Act (15
U.S.C. 636), as added by subsection (b).
(b) Establishment.--Section 7 of the Small Business Act (15
U.S.C. 636) is amended by adding at the end the following:
``(o) Office of Emerging Markets.--
``(1) Definitions.--In this subsection--
``(A) the term `Director' means the Director of the Office
of Emerging Markets;
``(B) the term `microloan program' means the program
described in subsection (m);
``(C) the term `small business concern in an emerging
market' means a small business concern--
``(i) that is located in--
``(I) a low-income or moderate-income area for purposes of
the Community Development Block Grant Program under title I
of the Housing and Community Development Act of 1974; or
``(II) a HUBZone, as that term is defined in section 31(b);
``(ii) that is growing, newly established, or a startup;
``(iii) owned and controlled by veterans;
``(iv) owned and controlled by individuals with a
disability, as defined in section 3 of the Americans with
Disabilities Act of 1990; or
``(v) owned and controlled by other individuals or groups
identified by the Administrator.
``(2) Establishment.--There is established within the
Office of Capital Access of the Administration an office to
be known as the `Office of Emerging Markets'. The Office of
Emerging Markets shall be administered by a Director who
shall be responsible for the planning, coordination,
implementation, evaluation, and improvement of the efforts of
the Administrator to enhance the economic well-being of small
business concerns in an emerging market.''.
SEC. 100205. STATE TRADE EXPANSION PROGRAM.
In addition to amounts otherwise available, there is
appropriated to the Small Business Administration for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated--
(1) $31,710,000, to remain available until September 30,
2027, to carry out section 22(l) of the Small Business Act
(15 U.S.C. 649(l)) in fiscal year 2023, and
(2) $31,710,000, to remain available until September 30,
2027, to carry out section 22(l) of the Small Business Act
(15 U.S.C. 649(l)) in fiscal year 2024.
Subtitle C--Encouraging Small Businesses to Fully Engage in the
Innovation Economy
SEC. 100301. GROWTH ACCELERATOR COMPETITION.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2031--
(1) $190,000,000 for carrying out section 51 of the Small
Business Act, as added by subsection (b); and
(2) $10,000,000 for administrative expenses and oversight
costs related to carrying out section 51 of the Small
Business Act, as added by subsection (b).
(b) In General.--The Small Business Act is amended by
inserting after section 50, as added by section 100202 of
this title, the following:
``SEC. 51. GROWTH ACCELERATOR COMPETITION.
``(a) Definitions.--In this section:
``(1) Award.--The term `award' means a grant, prize,
contract, cooperative agreement, or other cash or cash
equivalent.
``(2) Disability.--The term `disability' has the meaning
given the term in section 3 of the Americans with
Disabilities Act of 1990.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) an eligible applicant, as defined in section 49; or
``(B) an organization that is a growth accelerator located
in the United States.
``(4) Growth accelerator.--The term `growth accelerator'
means an organization that--
``(A) supports new small business concerns that have a
focus on technology, research, and development;
``(B) works with a new small business concern for a
predetermined amount of time;
``(C) provides mentorship and instruction to small business
concerns to grow the business concern; or
``(D) offers startup capital or the opportunity to raise
capital from outside investors to small business concerns.
``(5) New small business concern.--The term `new small
business concern' means a small business concern that has
been in operation for not more than 5 years.
``(b) Establishment.--The Administrator shall make
competitive awards of not less than $100,000 to eligible
entities to accelerate the growth of new small business
concerns by providing--
``(1) assistance to small business concerns to access
capital and find mentors and networking opportunities; and
``(2) advice to small business concerns, including advising
on market analysis, company strategy, revenue growth,
commercialization, and securing funding.
``(c) Use of Funds.--An award under this section--
``(1) may be used by an eligible entity recipient for
construction costs, acquisition of physical workspace and
facilities, and programmatic purposes to benefit new small
business concerns; and
``(2) may not be used by an eligible entity recipient to
provide capital to new small business concerns directly or
through the subaward of funds.
``(d) Penalties for Failure to Abide by Terms or Conditions
of Award.--At the discretion of the Administrator and in
addition to any other civil or criminal consequences, the
Administrator shall withhold payments to an eligible entity
or order the eligible entity to return an award made under
this section for failure to abide by the terms and conditions
of the award.''.
Subtitle D--Increasing Equity Opportunities
SEC. 100401. INCREASING EQUITY INVESTMENT IN THE SBIC
PROGRAM.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the
[[Page H6469]]
Small Business Administration for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$20,000,000, to remain available until September 30, 2031,
for carrying out this section.
(b) Establishment.--The Small Business Investment Act of
1958, is amended--
(1) in section 103 (15 U.S.C. 662)--
(A) in paragraph (9)(B)(iii)--
(i) in subclause (II), by striking ``and'' at the end;
(ii) in subclause (III), by adding ``and'' at the end; and
(iii) by adding at the end the following:
``(IV) funds obtained from any financial institution
identified under section 302(b);''; and
(B) in paragraph (13)(C), by striking ``in an aggregate
amount that does not exceed 33 percent of the private capital
of the applicant or licensee''; and
(2) in section 304 (15 U.S.C. 684), by adding at the end
the following:
``(e) Notwithstanding section 310(c)(6), a licensee under
section 321 may, subject to rules to be issued by the
Administration, invest equity capital in investment funds
that--
``(1) are majority controlled by members of an
underrepresented community, as defined in section 49 of the
Small Business Act;
``(2) receive annual assistance provided by such licensee;
or
``(3) meet additional criteria as determined by the
Administration.''; and
(3) by adding at the end of the following:
``SEC. 321. EMERGING MANAGERS PROGRAM.
``(a) Definitions.--In this section:
``(1) Covered investments.--The term `covered investments'
means investments in--
``(A) infrastructure, including--
``(i) roads, bridges, and mass transit;
``(ii) water supply and sewer;
``(iii) the electrical grid;
``(iv) broadband and telecommunications;
``(v) clean energy; or
``(vi) child care and elder care;
``(B) manufacturing;
``(C) low-income communities, as that term is defined in
section 45D(e) of the Internal Revenue Code of 1986;
``(D) HUBZones, as defined in section 31(b) of the Small
Business Act;
``(E) small business concerns owned and controlled by a
member of an Indian tribe individually identified (including
parenthetically) in the most recent list published pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994;
``(F) small business concerns owned and controlled by an
individual with a disability, as defined in section 3 of the
Americans with Disabilities Act of 1990;
``(G) small business concerns owned and controlled by a
veteran; or
``(H) industries identified by the Administrator.
``(2) Emerging manager company.--The term `emerging manager
company' means an investment management firm that is focused
on investing private equity and that meets not less than 2 of
the following criteria:
``(A) The partners of the firm have--
``(i) an investment track record of less than 10 years of
combined investment experience; or
``(ii) a documented record of successful business
experience.
``(B) The firm has a focus on underserved markets.
``(C) The firm is not less than 50 percent owned, managed,
or controlled by members of an underrepresented community (as
defined in section 49 of the Small Business Act).
``(b) Establishment.--The Administrator shall establish an
emerging managers program pursuant to which managers with
substantial experience in operating small business investment
companies--
``(1) may enter into a written agreement approved by the
Administrator to provide guidance and assistance to an
applicant for a license for a small business investment
company that is to be managed by an emerging manager company;
and
``(2) may hold a minority financial interest in the small
business investment company described in paragraph (1).
``(c) Licensing.--An applicant described in subsection
(b)(1) shall apply for a license under section 301(c) and
shall--
``(1) have private capital not to exceed $100,000,000;
``(2) be managed by not less than two individuals;
``(3) be a second generation fund or earlier; and
``(4) focus its investment strategy on covered investments.
``(d) Waiver of Maximum Leverage.--The approval of a
written agreement under subsection (b) by the Administrator
shall operate as a waiver of the requirements of section
303(b)(2)(B) to the extent that such section would otherwise
apply.
``(e) Increased Leverage Maximum.--An existing small
business investment company that enters into a written
agreement under subsection (b) may receive an increase in the
maximum leverage cap of the company under section 303(b)(2)--
``(1) under subparagraph (A) of such section, with respect
to a single license, by not more than $17,500,000; and
``(2) under subparagraph (B) of such section, with respect
to multiple licenses under common control, by not more than
$35,000,000.''.
SEC. 100402. MICROCAP SMALL BUSINESS INVESTMENT COMPANY
LICENSE.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Administration for
fiscal year 2022, out of amounts in the Treasury not
otherwise appropriated, $40,000,000, to remain available
until September 30, 2031, to carry out paragraph (5) of
section 301(c) of the Small Business Investment Act of 1958
(15 U.S.C. 681(c)), as added by subsection (b).
(b) Microcap Small Business Investment Company License.--
Section 301(c) of the Small Business Investment Act of 1958
(15 U.S.C. 681(c)) is amended by adding at the end the
following:
``(5) Microcap small business investment company license.--
``(A) In general.--The Administrator may issue licenses
under this subsection to applicants--
``(i) that do not satisfy the qualification requirements
under paragraph (3)(A)(ii) to the extent that such
requirements relate to investment experience and track
record, including any such requirements further set forth in
section 107.305 of title 13, Code of Federal Regulations, or
any successor regulation;
``(ii) that would otherwise be issued a license under this
subsection, except that the management of the applicant does
not satisfy the requirements under paragraph (3)(A)(ii) to
the extent that such requirements relate to investment
experience and track record, including any such requirements
further set forth in section 107.305 of title 13, Code of
Federal Regulations, or any successor regulation;
``(iii) for which the managers of such applicant have--
``(I) a documented record of successful business
experience;
``(II) a record of business management success; or
``(III) knowledge in the particular industry or business
for which the applicant is pursuing an investment strategy;
and
``(iv) that have demonstrated appropriate qualifications
for the license, based on factors determined by the
Administrator.
``(B) Required investments.--A licensee under this
paragraph shall invest not less than 50 percent of the total
financings of the licensee in covered investments (as defined
in section 321), of which not more than 33 percent of those
investments are in small business concerns in infrastructure
or manufacturing.
``(C) Leverage.--A company licensed pursuant to this
paragraph shall--
``(i) not be eligible to receive leverage in an amount that
is more than $50,000,000; and
``(ii) be able to access leverage in an amount that is not
more than 200 percent of the private capital of the company.
``(D) Investment committee.--If a company licensed pursuant
to this paragraph has investment committee members or control
persons who are principals approved by the Administrator or
control persons of licensed small business investment
companies not licensed under this paragraph, such licensee or
licensees shall not be deemed to be under common control with
the company licensed pursuant to this paragraph solely for
the purpose of section 303(b)(2)(B).
``(E) Fees.--In addition to the fees authorized under
sections 301(e) and 310(b), the Administration may prescribe
fees to be paid by each company designated to operate under
this paragraph.''.
SEC. 100403. FUNDING FOR SBIC OUTREACH AND EDUCATION.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,500,000, to remain
available until September 30, 2031, for carrying out this
section.
(b) Outreach and Education.--The Administrator shall
develop and implement a program to promote to, conduct
outreach to, and educate prospective licensees on the
licensing procedures and other programs of small business
investment companies under title III of the Small Business
Investment Act of 1958.
Subtitle E--Increasing Access to Lending and Investment Capital
SEC. 100501. FUNDING FOR COMMUNITY ADVANTAGE LOAN PROGRAM.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2031--
(1) $224,800,000 for carrying out paragraph (38) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)), as added
by subsection (b);
(2) $4,000,000 for the Administrator of the Small Business
Administration to develop a training course and provide free
or low-cost training to covered institutions making loans
under the program established under such paragraph (38); and
(3) $47,100,000 for administrative expenses related to
carrying out such paragraph (38), including issuing interim
final rules.
(b) Establishment.--Section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) is amended by adding at the end the
following:
``(38) Community advantage loan program.--
``(A) Definitions.--In this paragraph--
``(i) the term `covered institution' means--
``(I) a development company, as defined in section 103 of
the Small Business Investment Act of 1958, participating in
the loan program established under title V of such Act;
``(II) a non-Federally regulated entity certified as a
community development financial institution under the
Community Development Banking and Financial Institutions Act
of 1994;
``(III) an intermediary, as defined in subsection (m)(11),
that is a nonprofit organization and is participating in the
microloan program under subsection (m); and
``(IV) an eligible intermediary, as defined in subsection
(l)(1), participating in the small business intermediary
lending pilot program established under subsection (l)(2);
[[Page H6470]]
``(ii) the term `new business' means a small business
concern that has been in business for not more than 2 years
on the date on which a loan is made to the small business
concern under the program;
``(iii) the term `program' means the Community Advantage
Loan Program established under subparagraph (B);
``(iv) the term `small business concern in an underserved
market' means a small business concern--
``(I) that is located in--
``(aa) a low- to moderate-income community;
``(bb) a HUBZone, as that term is defined in section 31(b);
``(cc) a rural area; or
``(dd) any area for which a disaster declaration or
determination described in subparagraph (B), (C), or (E) of
subsection (b)(2) has been made that has not terminated more
than 2 years (or later, as determined by the Administrator)
before the date on which a loan is made to such concern under
such subsection, or in any area for which a major disaster
described in subsection (b)(2)(A) has been declared, that
period shall be 5 years;
``(II) that is a new business;
``(III) owned and controlled by veterans;
``(IV) owned and controlled by an individual who has
completed a term of imprisonment;
``(V) owned and controlled by an individual with a
disability, as that term is defined in section 3 of the
Americans with Disabilities Act of 1990;
``(VI) owned and controlled by a member of an Indian tribe
individually identified (including parenthetically) in the
most recent list published pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994; or
``(VII) otherwise identified by the Administrator.
``(B) Establishment.--There is established a Community
Advantage Loan Program under which the Administration may
guarantee loans made by covered institutions under this
subsection, with an emphasis on loans made to small business
concerns in an underserved market.
``(C) Requirement to make loans to underserved markets.--
Not less than 60 percent of loans made by a covered
institution under the program shall consist of loans made to
small business concerns in an underserved market.
``(D) Maximum loan amount.--
``(i) In general.--Except as provided in clause (ii), the
maximum loan amount for a loan guaranteed under the program
is $250,000.
``(ii) Exceptions.--
``(I) Requested exception.--
``(aa) In general.--Upon request by a covered institution,
the Administrator may guarantee a loan under the program that
is more than $250,000 and not more than $350,000.
``(bb) Notification.--As soon as practicable and not later
than 14 business days after receiving a request under item
(aa), the Administration shall--
``(AA) review the request; and
``(BB) provide a decision regarding the request to the
covered institution making the loan.
``(II) Major disasters.--The maximum loan amount for a loan
guaranteed under the program that is made to a small business
concern located in an area affected by a major disaster
described in subsection (b)(2)(A) is $350,000.
``(E) Interest rates.--The maximum interest rate for a loan
guaranteed under the program shall not exceed the maximum
interest rate, as determined by the Administration,
applicable to other loans guaranteed under this
subsection.''.
SEC. 100502. FUNDING FOR CREDIT ENHANCEMENT AND SMALL DOLLAR
LOAN FUNDING.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available
until September 30, 2031--
(1) $1,480,600,000 to carry out paragraph (39) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)), as added
by subsection (b); and
(2) $484,000,000 for administrative expenses related to
carrying out such paragraph (39), including issuing interim
final rules within 90 days after the date of the enactment of
this title, of which $25,000,000 is reserved for grants to
conduct outreach to entities eligible to receive a loan under
such paragraph (39).
(b) Small Dollar Loan Funding.--Section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), as amended by section
100501, is further amended--
(1) in paragraph (1)(A)(i), in the third sentence, by
striking ``; and'' and all that follows through the period at
the end and inserting a period;
(2) in paragraph (4)(A), by striking the comma after
``prescribed by the Administration'' and all that follows
through the period at the end and inserting a period;
(3) in paragraph (26), by inserting ``(except for those
collected under paragraph (39))'' after ``profits''; and
(4) by adding at the end the following:
``(39) Small dollar loan funding.--
``(A) Definitions.--In this paragraph:
``(i) Small government contractor.--The term `small
government contractor' means a small business concern that is
performing a government contract.
``(ii) Small manufacturer.--The term `small manufacturer'
means a small business concern that is assigned a North
American Industry Classification System code beginning with
31, 32, or 33 at the time at which the small business concern
receives loan under this subsection.
``(B) Direct loans.--The Administrator is authorized to
originate and disburse direct loans, including through
partnerships with third parties, to small business concerns.
``(C) Maximum loan size.--Notwithstanding paragraph (3)(C)
of this subsection, a loan made in accordance with this
paragraph shall be--
``(i) except as provided in clause (ii), not more than
$150,000; or
``(ii) not more than $1,000,000, if the borrower is a small
manufacturer or a small government contractor.
``(D) Fees.--With respect to each loan made in accordance
with this paragraph, the Administrator, an authorized third
party, or an agent may--
``(i) impose, collect, retain, and utilize fees, which may
be charged to the borrower, to cover any costs associated
with referring applications or originating, making,
underwriting, disbursing, closing, servicing, or liquidating
the loan, including any direct lending agent costs, other
program or contract costs, or other agent administrative
expenses;
``(ii) impose, collect, retain, and use fees (including
unused fees and draw fees), which may be charged to the
borrower on loans for revolving lines of credit; and
``(iii) pay third parties, including direct lending agents
and financial institutions, with which the Administration
partners for assistance in referring applicants or promoting,
originating, making, underwriting, disbursing, closing,
servicing, or liquidating loans in accordance with this
paragraph on behalf of the Administration.
``(E) Terms.--Not later than 90 days after the date of the
enactment of this paragraph, the Administrator shall issue
interim final rules and revise any relevant rules to
establish the terms and conditions for a direct loan,
including repayment, underwriting criteria, interest rate,
maturity, and other terms of a loan made in accordance with
this paragraph.''.
SEC. 100503. EXTENSION OF TEMPORARY FEE REDUCTIONS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $950,000,000, to remain
available until September 30, 2026, for carrying out this
section and any amendments made by this section.
(b) 7(a) Loan Program.--Section 326 of the Economic Aid to
Hard-Hit Small Businesses, Nonprofits, and Venues Act (title
III of division N of Public Law 116-260; 134 Stat. 2036; 15
U.S.C. 636 note) is amended--
(1) in subsection (a)(2), by striking ``October 1, 2021''
and inserting ``October 1, 2026''; and
(2) in subsection (b)(2), by striking ``October 1, 2021''
and inserting ``October 1, 2026''.
(c) Other Fees.--Section 327 of the Economic Aid to Hard-
Hit Small Businesses, Nonprofits, and Venues Act (title III
of division N of Public Law 116-260; 134 Stat. 2037; 15
U.S.C. 636 note) is amended--
(1) in subsection (a)(1), by striking ``September 30,
2021'' and inserting ``September 30, 2026''; and
(2) in subsection (b)(1), by striking ``September 30,
2021'' and inserting ``September 30, 2026''.
SEC. 100504. FUNDING FOR COOPERATIVES.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $100,000,000, to remain
available until September 30, 2031, for carrying out
paragraph (40) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), as added by subsection (b).
(b) Cooperative Lending Pilot.--Section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), as amended by section
100502, is further amended by adding at the end the
following:
``(40) Cooperative lending pilot.--
``(A) Definitions.--In this paragraph:
``(i) Community financial institution.--The term `community
financial institution' has the meaning given in paragraph
(36)(A).
``(ii) Cooperative.--The term `cooperative'--
``(I) means an entity determined by the Administrator to be
a cooperative; and
``(II) includes an entity owned by employees or consumers
of the entity.
``(iii) Eligible employee-owned business concern.--The term
`eligible employee-owned business concern' means--
``(I) a cooperative in which the employees of the
cooperative are eligible for membership;
``(II) a qualified employee trust; or
``(III) other employee-owned entities as determined by the
Administrator.
``(iv) Pilot program.--The term `pilot program' means the
pilot program established under subparagraph (B).
``(B) Establishment.--There is established a pilot program
under which the Administrator shall guarantee loans
(including loans made by community financial institutions),
without the requirement of a personal or entity guarantee,
where such loans shall be made to cooperatives or eligible
employee-owned business concerns.
``(C) Termination.--The pilot program shall terminate on
the date that is 5 years after the date of enactment of this
paragraph.''.
(c) Delegated Lending Authority for Preferred Lenders.--
Section 5(b)(7) of the Small Business Act (15 U.S.C.
634(b)(7)) is amended by striking ``paragraph (15) or (35)''
and inserting ``paragraph (15), (35), or (40)''.
Subtitle F--Supporting Entrepreneurial Second Chances
SEC. 100601. REENTRY ENTREPRENEURSHIP COUNSELING AND TRAINING
FOR INCARCERATED AND FORMERLY INCARCERATED
INDIVIDUALS.
(a) Reentry Entrepreneurship Counseling and Training for
Incarcerated Individuals.--
(1) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of money in the Treasury not otherwise
appropriated for fiscal year 2022, $35,000,000, to remain
available
[[Page H6471]]
until September 30, 2029, to carry out section 52 of the
Small Business Act, as added by paragraph (2).
(2) In general.--The Small Business Act is amended by
inserting after section 51, as added by section 100301 of
this title, the following:
``SEC. 52. REENTRY ENTREPRENEURSHIP COUNSELING AND TRAINING
FOR INCARCERATED INDIVIDUALS.
``(a) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual'
means an individual who is completing a term of imprisonment
in a facility designated as a minimum, low, or medium
security.
``(2) Resource partners.--The term `resource partners'
means a small business development center (defined in section
3) or a women's business center (described under section 29).
``(b) Establishment.--The Administrator shall coordinate
with resource partners and associations formed to pursue
matters of common concern to resource partners to provide
entrepreneurship counseling and training services to covered
individuals pursuant to subsection (c).
``(c) Use of Funds.--Amounts made available under this
section shall be used to--
``(1) develop and deliver a curriculum, including classroom
instruction and in-depth training to develop skills related
to business planning and financial literacy;
``(2) train mentors and instructors;
``(3) establish public-private partnerships to support
covered individuals; and
``(4) identify opportunities to access capital.''.
(b) Reentry Entrepreneurship Counseling and Training for
Formerly Incarcerated Individuals.--
(1) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not
otherwise appropriated for fiscal year 2022, $35,000,000, to
remain available until September 30, 2029, to carry out
section 53 of the Small Business Act, as added by paragraph
(2).
(2) In general.--The Small Business Act is amended by
inserting after section 52, as added by subsection (a), the
following:
``SEC. 53. REENTRY ENTREPRENEURSHIP COUNSELING AND TRAINING
FOR FORMERLY INCARCERATED INDIVIDUALS.
``(a) Covered Individual Defined.--In this section, the
term `covered individual' means an individual who completed a
term of imprisonment.
``(b) Establishment.--The Administrator shall establish a
program under which the Service Corps of Retired Executives
authorized by section 8(b)(1)(B) shall provide
entrepreneurship counseling and training services to covered
individuals on a nationwide basis.
``(c) Use of Funds.--Amounts made available under this
section shall be used by the Service Corps of Retired
Executives for providing to covered individuals the following
services:
``(1) Regular individualized mentoring sessions to identify
and support development of the business plans of covered
individuals.
``(2) Workshops on topics specifically tailored to meet the
needs of covered individuals.
``(3) Instructional videos designed specifically for
covered individuals on how to start or expand a small
business concern.''.
SEC. 100602. NEW START ENTREPRENEURIAL DEVELOPMENT PROGRAM
FOR FORMERLY INCARCERATED INDIVIDUALS.
(a) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Small Business
Administration, out of any money in the Treasury not
otherwise appropriated for fiscal year 2022, $35,000,000, to
remain available until September 30, 2029, for carrying out
this section.
(b) Definitions.--In this section--
(1) Covered individual.--The term ``covered individual''
means an individual who--
(A) completed a term of imprisonment; and
(B) meets the offense eligibility requirements set forth in
any applicable policy notice or other guidance issued by the
Small Business Administration for the program established
under section 7(m) of the Small Business Act (15 U.S.C.
636(m)).
(2) Intermediary; microloan.--The terms ``intermediary''
and ``microloan'' have the meanings given those terms,
respectively, in section 7(m)(11) of the Small Business Act
(15 U.S.C. 636(m)(11)).
(3) Participating lender.--The term ``participating
lender'' means a participating lender described under section
7(a) of the Small Business Act (15 U.S.C. 636(a)).
(4) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (b).
(5) Resource partner.--The term ``resource partner''
means--
(A) a small business development center (defined in section
3 of the Small Business Act (15 U.S.C. 632));
(B) a women's business center (described under section 29
of such Act (15 U.S.C. 656));
(C) a chapter of the Service Corps of Retired Executives
(established under section 8(b)(1)(B) of such Act ((15 U.S.C.
637(b)(1)(B))); and
(D) a Veteran Business Outreach Center (described under
section 32 of such Act (15 U.S.C. 657b)).
(c) Establishment.--The Administrator shall establish a
pilot program to award grants to organizations, or
partnerships of organizations, to provide assistance to
covered individuals throughout the United States.
(d) Application.--
(1) In general.--An organization or partnership of
organizations desiring a grant under the pilot program shall
submit an application to the Administrator in such form, in
such manner, and containing such information as the
Administrator may reasonably require.
(2) Contents.--An application submitted under paragraph (1)
shall--
(A) demonstrate that the applicant has a partnership with,
or is, an intermediary that shall make microloans to covered
individuals;
(B) demonstrate an ability to provide a full range of
entrepreneurial development programming on an ongoing basis;
(C) include a plan for reaching covered individuals,
including by identifying particular target populations within
the community in which a covered individual lives;
(D) include a plan to refer covered individuals who have
completed participation in the pilot program to existing
resource partners and participating lenders;
(E) include a comprehensive plan for the use of grant
funds, including estimates for administrative expenses and
outreach costs; and
(F) any other requirements, as determined by the
Administrator.
(e) Matching Requirement.--
(1) In general.--As a condition of a grant provided under
the pilot program, the Administrator shall require the
recipient of the grant to contribute an amount equal to 25
percent of the amount of the grant, obtained solely from non-
Federal sources.
(2) Form.--In addition to cash or other direct funding, the
contribution required under paragraph (1) may include
indirect costs or in-kind contributions paid for under non-
Federal programs.
Subtitle G--Other Matters
SEC. 100701. ADMINISTRATIVE EXPENSES.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Administration for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $125,000,000, to remain available
until September 30, 2030, for administrative expenses related
to carrying out this title (or any amendments made by this
title), except as otherwise provided in this title.
(b) Rulemaking.--Using amounts made available under
subsection (a), not later than 30 days after the date of the
enactment of this Act, the Administrator may issue rules,
including interim final rules, as necessary to carry out this
title and the amendments made by this title.
SEC. 100702. OFFICE OF INSPECTOR GENERAL OF THE SMALL
BUSINESS ADMINISTRATION.
In addition to amounts otherwise available, there is
appropriated to the Office of Inspector General of the Small
Business Administration for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated,
$12,500,000, to remain available until September 30, 2030,
for audits, investigations, and other oversight of projects
and activities carried out with funds made available by this
title to the Small Business Administration.
TITLE XI--COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
SEC. 110001. AFFORDABLE HOUSING ACCESS PROGRAM.
(a) In General.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$9,750,000,000, to remain available until September 30, 2026,
to the Secretary of Housing and Urban Development and the
Administrator of the Federal Transit Administration to make
competitive grants under sections 5307, 5311, and 5339(c) of
title 49, United States Code, to support--
(1) access to affordable housing;
(2) enhanced mobility for residents and riders, including
those in disadvantaged communities and neighborhoods,
persistent poverty communities, or for low-income riders
generally; and
(3) other community benefits for residents of disadvantaged
communities or neighborhoods, persistent poverty communities,
or for low-income riders generally identified by the
Secretary and the Administrator related to enhanced transit
service, including--
(A) access to job and educational opportunities;
(B) better connections to medical care; and
(C) enhanced access to grocery stores with fresh foods to
help eliminate food deserts.
(b) Administration of Funds.--Funds made available under
this section--
(1) shall not be subject to any prior restriction on the
total amount of funds available for implementation or
execution of programs authorized under sections 5307, 5311,
5312, 5314, or 5339(c) of title 49, United States Code;
(2) notwithstanding requirements related to Government
share under such sections, shall be available for up to 100
percent of the net cost of a project;
(3) notwithstanding section 5307(a)(1) of such title, may
be used for operating costs of equipment and facilities in an
urbanized area with a population equal to or greater than
200,000 individuals; and
(4) shall be expended in compliance with the U.S.
Department of Transportation's Disadvantaged Business
Enterprise Program.
(c) Eligible Activities.--Eligible activities for funds
made available under subsection (a) shall be--
(1) construction of a new fixed guideway capital project;
(2) construction of a bus rapid transit project or a
corridor-based bus rapid transit project that utilizes zero-
emission vehicles, or a collection of such projects;
(3) the establishment or expansion of high-frequency bus
service that utilizes zero-emission buses;
(4) the acquisition of zero-emission vehicles or related
infrastructure under section 5339(c) of title 49, United
States Code, to expand service in urban areas and the
acquisition of vehicles under section 5311 of such title to
expand service in non-urban areas;
(5) an expansion of the service area or the frequency of
service of recipients or subrecipients
[[Page H6472]]
under sections 5307 or 5311 of such title, including the
provision of fare-free or reduced-fare service;
(6) renovation or construction of facilities and incidental
expenses related to transit service in disadvantaged
communities or neighborhoods or service that benefits low-
income riders generally;
(7) additional assistance to project sponsors of new fixed
guideway capital projects, core capacity improvement
projects, or corridor-based bus rapid transit projects not
yet open to revenue service, notwithstanding applicable
requirements regarding Government share of contributions
toward net project cost of the project or the share of
contributions provided by the Administrator of the Federal
Transit Administration, if--
(A) the applicant demonstrates that the availability of
funding under this section provides additional support for
transit services consistent with the requirements in
subsection (a); and
(B) assistance under this paragraph does not increase by
more than 10 percentage points--
(i) the Government share of contributions toward net
project cost; or
(ii) the Government share of assistance from a program
carried out by the Administrator of the Federal Transit
Administration;
(8) fleet transition, route, or other public transportation
planning, including planning related to economic development;
and
(9) projects to upgrade the accessibility of bus or rail
public transportation services for persons with disabilities,
including individuals who use wheelchairs.
(d) Research, Technical Assistance, and Training.--In
addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $150,000,000, to remain
available until September 30, 2026, for grants under sections
5312 or 5314 of title 49, United States Code, (excluding
grants related to any activities or agreements with
international entities or foreign nationals) for--
(1) activities under section 5312 of such title that
support efforts to reduce barriers to the deployment of zero-
emission transit vehicles in disadvantaged communities or
neighborhoods and rural areas, including barriers related to
the cost of such vehicles; and
(2) activities under section 5314 of such title for
training and development activities to support the provision
of service to disadvantaged communities or neighborhoods and
rural areas.
(e) Administrative Expenses.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until
September 30, 2026, for administrative expenses and oversight
costs of carrying out this section and to make new awards or
to increase prior awards to provide technical assistance and
capacity building for eligible recipients or subrecipients
under this section.
(f) Period of Availability.--Any funds provided from the
general fund of the Treasury to carry out grants under
section 5339(c) of title 49, United States Code, for fiscal
years 2025 and 2026 shall remain available until September
30, 2028.
SEC. 110002. COMMUNITY CLIMATE INCENTIVE GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 177. Community climate incentive grant program
``(a) Establishment.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$50,000,000, to remain available until September 30, 2026, to
the Administrator of the Federal Highway Administration--
``(1) to establish a greenhouse gas performance measure
that requires States to set performance targets to reduce
greenhouse gas emissions;
``(2) to establish an incentive structure to reward States
that demonstrate the most significant progress toward
achieving reductions in greenhouse gas emissions;
``(3) to establish consequences for States that do not
achieve reductions in greenhouse gas emissions;
``(4) to issue guidance and regulations and provide
technical assistance as necessary to implement this section;
and
``(5) for operations and administration of the Federal
Highway Administration in carrying out this section.
``(b) Incentive Grants to States.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $950,000,000, to remain available until
September 30, 2026, to the Administrator of the Federal
Highway Administration for incentive grants for carbon
reduction projects, to be awarded to States that--
``(1) qualify for a reward under the incentive structure
established by the Administrator of the Federal Highway
Administration under subsection (a)(2); or
``(2) have incorporated carbon reduction strategies that
contribute to achieving net zero greenhouse gas emissions by
2050 into the transportation plans required under section
135.
``(c) Community Climate Grants to Other Eligible
Entities.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$3,000,000,000, to remain available until September 30, 2026,
to the Administrator of the Federal Highway Administration to
award grants, on a competitive basis, for carbon reduction
projects to eligible entities that are not States.
``(2) Federal share.--The Federal share of the cost of a
project carried out with a grant under this subsection may be
up to 100 percent.
``(d) Use of Funds.--
``(1) In general.--A project carried out under subsection
(b) or (c) shall be treated as a project on a Federal-aid
highway.
``(2) Compliance with existing requirements.--Funds made
available for a grant under subsection (b), and funds made
available for a grant under subsection (c) that are
administered by or through a State department of
transportation, shall be expended in compliance with the U.S.
Department of Transportation's Disadvantaged Business
Enterprise Program.
``(e) Limitation.--Funds made available under this section
shall not--
``(1) be subject to any restriction or limitation on the
total amount of funds available for implementation or
execution of programs authorized for Federal-aid highways; or
``(2) be used for projects that result in additional
through travel lanes for single occupant passenger vehicles.
``(f) Definitions.--In this section:
``(1) Carbon reduction project.--The term `carbon reduction
project' means a project--
``(A) that is eligible under this title; and
``(B) that--
``(i) will result in significant reductions in greenhouse
gas emissions related to a surface transportation facility or
project;
``(ii) provides zero-emission transportation options;
``(iii) reduces dependence on single-occupant vehicle
trips; or
``(iv) advances carbon reduction strategies adopted by an
eligible entity that contribute to achieving net-zero
greenhouse gas emissions by 2050.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a unit of local government;
``(B) a political subdivision of a State;
``(C) a territory;
``(D) a metropolitan planning organization (as defined in
section 134(b)(2));
``(E) a special purpose district or public authority with a
transportation function;
``(F) an entity described in section 207(m)(1)(E); or
``(G) a State.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``177. Community climate incentive grant program.''.
SEC. 110003. NEIGHBORHOOD ACCESS AND EQUITY GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is further amended by adding at the end the following:
``Sec. 178. Neighborhood access and equity grant program
``(a) In General.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$2,370,000,000, to remain available until September 30, 2026,
to the Administrator of the Federal Highway Administration
for competitive grants to eligible entities described in
subsection (b)--
``(1) to improve walkability, safety, and affordable
transportation access through construction of projects that
are context-sensitive--
``(A) to remove, remediate, or reuse a facility described
in subsection (c)(1);
``(B) to replace a facility described in subsection (c)(1)
with a facility that is at-grade or lower speed;
``(C) to retrofit or cap a facility described in subsection
(c)(1);
``(D) to build or improve complete streets, multiuse
trails, regional greenways, or active transportation networks
and spines; or
``(E) to provide affordable access to essential
destinations, public spaces, or transportation links and
hubs;
``(2) to mitigate or remediate negative impacts on the
human or natural environment resulting from a facility
described in subsection (c)(2) in a disadvantaged or
underserved community, including construction of--
``(A) noise barriers to reduce impacts resulting from a
facility described in subsection (c)(2);
``(B) technologies, infrastructure, and activities to
reduce surface transportation-related air pollution,
including greenhouse gas emissions;
``(C) infrastructure or protective features to reduce or
manage stormwater run-off resulting from a facility described
in subsection (c)(2), including through natural
infrastructure and pervious, permeable, or porous pavement;
``(D) infrastructure and natural features to reduce or
mitigate urban heat island hot spots in the transportation
right-of-way or on surface transportation facilities; or
``(E) safety improvements for vulnerable road users; and
``(3) for planning and capacity building activities in
disadvantaged or underserved communities to--
``(A) identify, monitor, or assess local and ambient air
quality, emissions of transportation greenhouse gases, hot
spot areas of extreme heat or elevated air pollution, gaps in
tree canopy coverage, or flood prone transportation
infrastructure;
``(B) assess transportation equity or pollution impacts and
develop local anti-displacement policies and community
benefit agreements;
``(C) conduct predevelopment activities for projects
eligible under this subsection;
``(D) expand public participation in transportation
planning by individuals and organizations in disadvantaged or
underserved communities; or
``(E) administer or obtain technical assistance related to
activities described in this subsection.
``(b) Eligible Entities Described.--An eligible entity
referred to in subsection (a) is--
[[Page H6473]]
``(1) a State;
``(2) a unit of local government;
``(3) a political subdivision of a State;
``(4) an entity described in section 207(m)(1)(E);
``(5) a territory of the United States;
``(6) a special purpose district or public authority with a
transportation function;
``(7) a metropolitan planning organization (as defined in
section 134(b)(2)); or
``(8) with respect to a grant described in subsection
(a)(3), in addition to an eligible entity described in
paragraphs (1) through (7), a nonprofit organization or
institution of higher education that has entered into a
partnership with an eligible entity described in paragraphs
(1) through (7).
``(c) Facility Described.--A facility referred to in
subsection (a) is--
``(1) a surface transportation facility for which high
speeds, grade separation, or other design factors create an
obstacle to connectivity within a community; or
``(2) a surface transportation facility which is a source
of air pollution, noise, stormwater, or other burden to a
disadvantaged or underserved community.
``(d) Investment in Economically Disadvantaged
Communities.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$1,580,000,000, to remain available until September 30, 2026,
to the Administrator of the Federal Highway Administration to
provide grants for projects in communities described in
paragraph (2) for the same purposes and administered in the
same manner as described in subsection (a).
``(2) Communities described.--A community referred to in
paragraph (1) is a community that--
``(A) is economically disadvantaged, including an
underserved community or a community located in an area of
persistent poverty;
``(B) has entered or will enter into a community benefits
agreement with representatives of the community;
``(C) has an anti-displacement policy, a community land
trust, or a community advisory board in effect; or
``(D) has demonstrated a plan for employing local residents
in the area impacted by the activity or project proposed
under this section.
``(e) Administration.--
``(1) In general.--A project carried out under subsection
(a) or (d) shall be treated as a project on a Federal-aid
highway.
``(2) Compliance with existing requirements.--Funds made
available for a grant under this section and administered by
or through a State department of transportation shall be
expended in compliance with the U.S. Department of
Transportation's Disadvantaged Business Enterprise Program.
``(f) Cost Share.--The Federal share of the cost of an
activity carried out using a grant awarded under this section
shall be not more than 80 percent, except that the Federal
share of the cost of a project in a disadvantaged or
underserved community may be up to 100 percent.
``(g) Technical Assistance.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until
September 30, 2026, to the Administrator of the Federal
Highway Administration for--
``(1) guidance, technical assistance, templates, training,
or tools to facilitate efficient and effective contracting,
design, and project delivery by units of local government;
``(2) subgrants to units of local government to build
capacity of such units of local government to assume
responsibilities to deliver surface transportation projects;
and
``(3) operations and administration of the Federal Highway
Administration.
``(h) Limitations.--Amounts made available under this
section shall not--
``(1) be subject to any restriction or limitation on the
total amount of funds available for implementation or
execution of programs authorized for Federal-aid highways;
and
``(2) be used for a project for additional through travel
lanes for single-occupant passenger vehicles.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is further amended by adding at
the end the following:
``178. Neighborhood access and equity grant program.''.
SEC. 110004. TERRITORIAL HIGHWAY PROGRAM FUNDING.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$320,000,000, to remain available until September 30, 2026,
to the Administrator of the Federal Highway Administration
for distribution under section 165(c) of title 23, United
States Code.
(b) Limitation.--Funds made available under this section
shall not be subject to any restriction or limitation on the
total amount of funds available for implementation or
execution of programs authorized for Federal-aid highways.
SEC. 110005. TRAFFIC SAFETY CLEARINGHOUSE.
(a) In General.--In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$47,500,000 to remain available until September 30, 2026, for
the Administrator of the National Highway Traffic Safety
Administration to make 1 or more grants, cooperative
agreements, or contracts with 1 or more qualified
institutions to--
(1) operate a national clearinghouse for fair and equitable
traffic safety enforcement programs;
(2) conduct research relating to, and develop, systems for
States to collect traffic safety enforcement data, and
provide technical assistance to States collecting such data,
including the sharing of data to a national database;
(3) develop recommendations and best practices to help
States collect and use traffic safety enforcement data to
promote equity and reduce traffic-related fatalities and
injuries; and
(4) develop information and educational programs relating
to implementing equitable traffic safety enforcement best
practices to assist States and local communities.
(b) Administration.--In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$2,500,000 to remain available until September 30, 2026, for
the Administrator of the National Highway Traffic Safety
Administration for the salaries, expenses, and costs of
administering this section.
(c) Definition of State.--In this section the term
``State'' has the meaning given the term in section 401 of
title 23, United States Code.
SEC. 110006. PASSENGER RAIL IMPROVEMENT, MODERNIZATION, AND
EMISSIONS REDUCTION GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
Transportation for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $10,000,000,000, to
remain available until September 30, 2026, for financial
assistance under sections 26101 and 26106 of title 49, United
States Code, to eligible entities for eligible projects.
(b) Definitions.--In this section:
(1) Corridor.--The term ``corridor'' means an existing,
modified, or proposed intercity passenger rail service (as
defined in section 26106(b)(5) of title 49, United States
Code).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an entity that is eligible to receive financial
assistance under section 26101 of title 49, United States
Code; and
(B) an applicant that is eligible to receive a grant under
section 26106 of title 49, United States Code.
(3) Eligible project.--The term ``eligible project''
means--
(A) a planning project for high-speed rail corridor
development that consists of planning activities eligible to
receive financial assistance under section 26101(b)(1) of
title 49, United States Code; and
(B) a capital project for high-speed rail corridor
development that--
(i) is eligible to receive a grant for a capital project
(as defined in section 26106(b)(3) of title 49, United States
Code); and
(ii) directly serves rail stations within urban areas (as
published by the Bureau of the Census) that are located in
close proximity to a census tract (as published by the Bureau
of the Census) within the urban area that has a greater
density population than the urban area as a whole.
(4) High-speed rail.--The term ``high-speed rail'' means
non-highway ground transportation that is owned or operated
by an eligible entity and reasonably expected to reach speeds
of--
(A) 160 miles per hour or faster on a shared use right-of-
way; or
(B) 186 miles per hour or faster on a dedicated right-of-
way.
(c) Allocation.--Not less than $1,000,000,000 of the
amounts appropriated by subsection (a) shall be used for
eligible projects described in subsection (b)(3)(A).
(d) Federal Share.--For any financial assistance and grants
provided pursuant to this section, the Federal share may not
exceed 90 percent of the total cost of the eligible project.
(e) Oversight.--Not more than $100,000,000 of the amounts
appropriated by subsection (a) may be used by the Secretary
of Transportation for the costs of award and project
management of financial assistance provided under this
section.
SEC. 110007. ALTERNATIVE FUEL AND LOW-EMISSION AVIATION
TECHNOLOGY PROGRAM.
(a) Appropriation and Establishment.--For purposes of
establishing a competitive grant program to provide grants to
eligible entities to carry out projects located in the United
States that produce, transport, blend, or store sustainable
aviation fuel, or develop, demonstrate, or apply low-emission
aviation technologies, in addition to amounts otherwise
available, there are appropriated to the Secretary for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2026--
(1) $247,000,000 for projects relating to the production,
transportation, blending, or storage of sustainable aviation
fuel;
(2) $47,000,000 for projects relating to low-emission
aviation technologies; and
(3) $6,000,000 to fund the award of grants under this
section, and oversight of the program, by the Secretary.
(b) Considerations.--In carrying out subsection (a), the
Secretary shall consider, with respect to a proposed
project--
(1) the capacity for the eligible entity to increase the
domestic production and deployment of sustainable aviation
fuel or the use of low-emission aviation technologies among
the United States commercial aviation and aerospace industry;
(2) the projected greenhouse gas emissions from such
project, including emissions resulting from the development
of the project, and the potential the project has to reduce
or displace, on a lifecycle basis, United States greenhouse
gas emissions associated with air travel;
(3) the capacity to create new jobs and develop supply
chain partnerships in the United States;
[[Page H6474]]
(4) for projects related to the production of sustainable
aviation fuel, the projected lifecycle greenhouse gas
emissions benefits from the proposed project, which shall
include feedstock and fuel production and potential direct
and indirect greenhouse gas emissions (including resulting
from changes in land use); and
(5) the benefits of ensuring a diversity of feedstocks for
sustainable aviation fuel, including the use of waste carbon
oxides and direct air capture.
(c) Cost Share.--The Federal share of the cost of a project
carried out using grant funds under subsection (a) shall be a
maximum of 90 percent of the proposed total cost of the
project, and the Secretary shall consider the extent to which
a proposed project meets the considerations described in
subsection (b) in determining the Federal share under this
subsection.
(d) Fuel Emissions Reduction Test.--For purposes of clause
(ii) of subsection (e)(7)(E), the Secretary shall, not later
than 2 years after the date of enactment of this section,
adopt at least 1 methodology for testing lifecycle greenhouse
gas emissions that meets the requirements of such clause.
(e) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or local government, including the District of
Columbia, other than an airport sponsor;
(B) an air carrier;
(C) an airport sponsor;
(D) an accredited institution of higher education;
(E) a research institution;
(F) a person or entity engaged in the production,
transportation, blending, or storage of sustainable aviation
fuel in the United States or feedstocks in the United States
that could be used to produce sustainable aviation fuel;
(G) a person or entity engaged in the development,
demonstration, or application of low-emission aviation
technologies; or
(H) nonprofit entities or nonprofit consortia with
experience in sustainable aviation fuels, low-emission
aviation technologies, or other clean transportation research
programs.
(2) Feedstock.--The term ``feedstock'' means sources of
hydrogen and carbon not originating from unrefined or refined
petrochemicals.
(3) Induced land-use change values.--The term ``induced
land-use change values'' means the greenhouse gas emissions
resulting from the conversion of land to the production of
feedstocks and from the conversion of other land due to the
displacement of crops or animals for which the original land
was previously used.
(4) Lifecycle greenhouse gas emissions.--The term
``lifecycle greenhouse gas emissions'' means the combined
greenhouse gas emissions from feedstock production,
collection of feedstock, transportation of feedstock to fuel
production facilities, conversion of feedstock to fuel,
transportation and distribution of fuel, and fuel combustion
in an aircraft engine, as well as from induced land-use
change values.
(5) Low-emission aviation technologies.--The term ``low-
emission aviation technologies'' means technologies, produced
in the United States, that significantly--
(A) improve aircraft fuel efficiency;
(B) increase utilization of sustainable aviation fuel; or
(C) reduce greenhouse gas emissions produced during
operation of civil aircraft.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(7) Sustainable aviation fuel.--The term ``sustainable
aviation fuel'' means liquid fuel, produced in the United
States, that--
(A) consists of synthesized hydrocarbons;
(B) meets the requirements of--
(i) ASTM International Standard D7566; or
(ii) the co-processing provisions of ASTM International
Standard D1655, Annex A1 (or such successor standard);
(C) is derived from biomass (in a similar manner as such
term is defined in section 45K(c)(3) of the Internal Revenue
Code of 1986), waste streams, renewable energy sources, or
gaseous carbon oxides;
(D) is not derived from palm fatty acid distillates; and
(E) achieves at least a 50 percent lifecycle greenhouse gas
emissions reduction in comparison with petroleum-based jet
fuel, as determined by a test that shows--
(i) the fuel production pathway achieves at least a 50
percent reduction of the aggregate attributional core
lifecycle emissions and the induced land use change values
under a lifecycle methodology for sustainable aviation fuels
similar to that adopted by the International Civil Aviation
Organization with the agreement of the United States; or
(ii) the fuel production pathway achieves at least a 50
percent reduction of the aggregate attributional core
lifecycle greenhouse gas emissions values and the induced
land-use change values under another methodology that the
Secretary determines is--
(I) reflective of the latest scientific understanding of
lifecycle greenhouse gas emissions; and
(II) as stringent as the requirement under clause (i).
SEC. 110008. ASSISTANCE TO UPDATE AND ENFORCE HAZARD
RESISTANT CODES AND STANDARDS.
(a) In General.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$145,500,000, to remain available until expended, to the
Administrator of the Federal Emergency Management Agency for
the Building Resilient Infrastructure and Communities Program
for activities and grants that provide technical assistance
and capacity building, for which the Federal cost share shall
be 100 percent, to State, local, Indian Tribal, territorial,
or the District of Columbia governments for establishing,
implementing, and carrying out enforcement activities of the
latest published editions of relevant performance-based and
consensus-based codes, specifications, and standards,
including amendments made by State, local, Indian Tribal,
territorial, or the District of Columbia governments during
the adoption process, that incorporate--
(1) the latest hazard-resistant designs; and
(2) the latest requirements for the maintenance and
inspection of existing buildings to address hazard risk.
(b) Administration.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise available, $4,500,000
to the Administrator of the Federal Emergency Management
Agency, to remain available until expended, for
administrative expenses of carrying out this section.
SEC. 110009. ECONOMIC DEVELOPMENT ADMINISTRATION.
(a) Economic Development Assistance for Regional Economic
Growth Clusters.--In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $3,360,000,000,
to remain available until September 30, 2031, to the
Secretary of Commerce (referred to in this section as the
``Secretary'') for grants under section 209 (except for
assistance authorized by section 209(c)(1)) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3149)
to develop regional economic growth clusters, including
grants for technical assistance, planning, and predevelopment
activities, subject to the condition that sections 204 and
301 of such Act (42 U.S.C. 3144 and 3161) shall not apply to
grants made with amounts made available under this
subsection.
(b) Recompete Grants for Persistently Distressed
Communities.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$1,200,000,000, to remain available until September 30, 2031,
to the Secretary of Commerce for economic adjustment
assistance as authorized by section 209 (except for
assistance authorized by section 209(c)(1)) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3149)
to provide grants to eligible recipients (as defined in
section 3 of such Act) to alleviate economic distress and
support long-term comprehensive economic development and job
creation in persistently distressed local labor markets and
local communities, except that sections 204 and 301 of such
Act (42 U.S.C. 3144 and 3161) shall be inapplicable to such
grants.
(2) Recompete plan.--As a condition of receipt of a grant
described under paragraph (1), an eligible recipient shall
submit a comprehensive 10-year economic development plan for
approval by the Secretary that includes--
(A) proposed programs and activities to be carried out with
a grant awarded under this subsection to address the economic
challenges of the local labor market or local community in a
manner that promotes long-term, sustained economic growth,
quality job creation, and local prime-age employment growth;
(B) projected costs, annual expenditures, and a proposed
grant disbursement schedule; and
(C) other local economic information and periodic
benchmarking criteria as the Secretary determines
appropriate.
(3) Maximum award amount.--In determining the maximum
amount of a grant that may be awarded under paragraph (1) for
the purposes of implementing and carrying out the programs
and activities identified in an approved recompete plan
described in paragraph (2), the Secretary shall use the
product obtained by multiplying--
(A) the difference in the prime-age employment rate between
the United States and the local labor market or local
community;
(B) the prime-age population of the local labor market or
local community; and
(C) either--
(i) $70,585 for local labor markets with a prime-age
employment rate not less than 2.5 percent below the United
States; or
(ii) $53,600 for local communities with a prime-age
employment rate not less than 5 percent below the United
States.
(4) Definitions.--In this subsection:
(A) Local labor market.--The term ``local labor market''
means any of the following areas that contains 1 or more
recipients eligible under paragraph (1):
(i) A metropolitan statistical area or micropolitan
statistical area, excluding any area described in clause
(iii).
(ii) A commuting zone, excluding any areas described in
clauses (i) and (iii).
(iii) Tribal land subject to the jurisdiction of an Indian
Tribe.
(B) Local community.--The term ``local community'' means
the area served by a unit of general local government that is
located within, but does not cover the entire area of, a
local labor market that does not meet the criteria described
in paragraph (3)(C)(i).
(c) Economic Adjustment Assistance for Energy and
Industrial Transition Communities.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $240,000,000, to remain available until
September 30, 2027, to the Secretary of Commerce for economic
adjustment assistance as authorized by section 209 (except
for assistance authorized by section 209(c)(1)) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3149)
to provide assistance, including grants for technical
assistance, planning, and predevelopment activities, to
energy and industrial transition communities, including oil,
gas,
[[Page H6475]]
coal, nuclear, and biomass transition communities, and
manufacturing transition communities.
(d) Economic Adjustment Assistance for Technical
Assistance, Project Predevelopment, and Capacity Building.--
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $240,000,000, to remain
available until September 30, 2027, to the Secretary of
Commerce for economic adjustment assistance as authorized by
section 209 (except for assistance authorized by section
209(c)(1)) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3149) to provide grants for technical
assistance, project predevelopment, and capacity building
activities, including activities relating to the writing of
grant applications (consistent with section 213 of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3153))
and stipends to local community organizations for planning
participation, community outreach and engagement activities,
subject to the conditions that--
(1) sections 204 and 301 of such Act shall not apply to
grants made with amounts made available under this
subsection; and
(2) not less than 50 percent of the amounts made available
under this subsection shall be for activities that are
carried out in underserved communities.
(e) Administration.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$210,000,000, to remain available until September 30, 2031,
for the administrative expenses of carrying out this section.
SEC. 110010. ASSISTANCE FOR FEDERAL BUILDINGS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $500,000,000, to remain
available until September 30, 2031, to be deposited in the
Federal Buildings Fund established under section 592 of title
40, United States Code, for measures necessary to convert
facilities of the Administrator of General Services to high-
performance green buildings (as defined in section 401 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17061)).
SEC. 110011. CLIMATE RESILIENT COAST GUARD INFRASTRUCTURE.
In addition to amounts otherwise available, there is
appropriated to the Coast Guard for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$650,000,000, to remain available until September 30, 2031,
for the acquisition, design, and construction of new, or
replacement of existing, climate resilient facilities,
including personnel readiness facilities such as family
support services facilities, that are threatened by or have
been impacted by climate change, as authorized under sections
504(e) and 1101(b)(1) of title 14, United States Code.
SEC. 110012. GREAT LAKES ICEBREAKER ACQUISITION.
(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Coast Guard for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $350,000,000, to remain available
until September 30, 2031, for acquisition, design, and
construction of a Great Lakes heavy icebreaker, as authorized
under section 8107 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(b) Limitation.--The funds made available under this
section are subject to the condition that the Coast Guard
shall not--
(1) enter into an agreement involving funds made available
under subsection (a) if such agreement--
(A) is for a term extending beyond September 30, 2031; or
(B) involves any payment that could be made or funds
disbursed using amounts made available under subsection (a)
after September 30, 2031; or
(2) use any other funds available to the Coast Guard to
satisfy obligations initially made under subsection (a).
SEC. 110013. PORT INFRASTRUCTURE AND SUPPLY CHAIN RESILIENCE.
(a) In General.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$600,000,000, to remain available until September 30, 2026,
to the Maritime Administration for the purposes of making
grants for projects to support supply chain resilience,
reduction in port congestion, and the development of offshore
wind through the program under section 50302(c) of title 46,
United States Code.
(b) Limitations.--The funds made available under this
section are subject to the condition that the Secretary of
Transportation shall not--
(1) enter into an agreement involving funds made available
under subsection (a) if such agreement--
(A) is for a term extending beyond September 30, 2031; or
(B) involves any payment that could be made or funds
disbursed using amounts made available under subsection (a)
after September 30, 2031; or
(2) use any other funds available to the Secretary to
satisfy obligations initially made under subsection (a).
SEC. 110014. ALTERNATIVE WATER SOURCE PROJECT GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $125,000,000, to
remain available until expended, for carrying out section 220
of the Federal Water Pollution Control Act (33 U.S.C. 1300),
in accordance with subsection (b), which funds may be used to
make grants under such section on the condition that--
(1) a project carried out using such funds shall, to the
maximum extent practicable, maximize the avoidance,
minimization, or mitigation of climate change impacts on, and
of, any constructed part of the project (including through
the implementation of technologies to recover and reuse
energy produced in the treatment of wastewater); and
(2) all of the iron and steel used in the project are
produced in the United States in accordance with section 608
of such Act (33 U.S.C. 1388).
(b) Limitations.--For purposes of subsection (a)--
(1) the limitation in section 220(d)(1) of the Federal
Water Pollution Control Act (as in effect on September 1,
2021), as it applies to the receipt of planning or design
funds, shall not apply with respect to eligibility for a
grant under this section; and
(2) the requirements of sections 220(d)(2) and (e) of such
Act (as in effect on September 1, 2021) shall not apply to
the making of a grant under this section.
(c) Administrative Costs.--Of the amounts made available
under subsection (a), the Administrator of the Environmental
Protection Agency shall reserve 4 percent for the
administrative costs of carrying out this section.
SEC. 110015. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL
GRANTS.
(a) General Assistance.--In addition to amounts otherwise
available, there is appropriated to the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $500,000,000, to
remain available until expended, for carrying out section 221
of the Federal Water Pollution Control Act (33 U.S.C. 1301),
which funds may be used to make grants under such section on
the condition that any activity carried out using such funds
shall, to the maximum extent practicable, maximize the
avoidance, minimization, or mitigation of climate change
impacts on, and of, any constructed part of the activity
(including through the implementation of technologies to
recover and reuse energy produced in the treatment of
wastewater).
(b) Financially Distressed Communities.--
(1) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $1,350,000,000, to
remain available until expended, for carrying out section 221
of the Federal Water Pollution Control Act (33 U.S.C. 1301),
which funds may be used to make grants under such section to
a financially distressed community (as defined in such
section), or an Indian tribe or other entity described in
section 518(c)(3) of such Act, on the condition that any
activity carried out using such funds shall, to the maximum
extent practicable, maximize the avoidance, minimization, or
mitigation of climate change impacts on, and of, any
constructed part of the activity (including through the
implementation of technologies to recover and reuse energy
produced in the treatment of wastewater).
(2) Limitation.--In carrying out paragraph (1), the
Administrator of the Environmental Protection Agency may not
require a financially distressed community, Indian tribe, or
entity receiving a grant pursuant to this subsection to
provide, as a condition of eligibility to receive such grant,
a share of the cost of the activity for which the grant was
made.
(c) Administrative Costs.--Of the amounts made available
under each of subsections (a) and (b), the Administrator of
the Environmental Protection Agency shall reserve 4 percent
for the administrative costs of carrying out this section.
SEC. 110016. INDIVIDUAL HOUSEHOLD DECENTRALIZED WASTEWATER
TREATMENT SYSTEM GRANTS.
(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated to the Environmental
Protection Agency for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, to remain available
until expended--
(1) $75,000,000 to make grants to States, municipalities,
and nonprofit entities under the Federal Water Pollution
Control Act for the construction, repair, or replacement of
individual household decentralized wastewater treatment
systems of eligible individuals (as such term is defined in
section 603(j) of the Federal Water Pollution Control Act (33
U.S.C. 1383(j))); and
(2) $75,000,000 to make grants to States, municipalities,
and nonprofit entities under such Act for the construction,
repair, or replacement of individual household decentralized
wastewater treatment systems of eligible individuals (as so
defined) residing in households that are not connected to a
system or technology designed to treat domestic sewage,
including eligible individuals using household cesspools.
(b) Administrative Costs.--Of the amounts made available
under subsection (a), the Administrator of the Environmental
Protection Agency shall reserve 7 percent for the
administrative costs of carrying out this section.
SEC. 110017. DISASTER RELIEF.
The Administrator of the Federal Emergency Management
Agency may provide financial assistance through September 30,
2026, pursuant to section 203(h), 404(a), and 406(b) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133(h); 42 U.S.C. 5170c(a); 42 U.S.C.
5172(b)) for--
(1) costs associated with low-carbon materials; and
[[Page H6476]]
(2) incentives that encourage low-carbon and net-zero
energy projects, which may include an increase in the Federal
cost share.
SEC. 110018. ENVIRONMENTAL REVIEW IMPLEMENTATION FUNDS.
(a) In General.--Chapter 1 of title 23, United States Code,
is further amended by adding at the end the following:
``Sec. 179. Environmental review implementation funds
``(a) Establishment.--In addition to amounts otherwise
available, for fiscal year 2022, there is appropriated to the
Administrator, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available until
September 30, 2026, for the purpose of facilitating the
development and review of documents for the environmental
review process for proposed projects, including through--
``(1) the provision of guidance, technical assistance,
templates, training, or tools to facilitate an efficient and
effective environmental review process for surface
transportation projects, including any administrative
expenses of the Federal Highway Administration to conduct
such activities; and
``(2) providing funds made available under this subsection
to eligible entities--
``(A) to build capacity of such eligible entities and
facilitate the environmental review process for proposed
projects, including--
``(i) defining the scope or study areas;
``(ii) identifying impacts, mitigation measures, and
reasonable alternatives;
``(iii) preparing planning and environmental studies and
other documents prior to and during the environmental review
process, for potential use in the environmental review
process in accordance with applicable statutes and
regulations;
``(iv) conducting public engagement activities; and
``(v) carrying out other activities, including permitting
activities, as the Administrator determines to be
appropriate, to support the timely completion of an
environmental review process required for a proposed project;
and
``(B) for administrative expenses of the eligible entity to
conduct any of the activities described in subparagraph (A).
``(b) Cost Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section by an eligible entity
shall be not more than 80 percent.
``(2) Source of funds.--The non-Federal share of the cost
of an activity carried out under this section by an eligible
entity may be satisfied using funds made available to the
eligible entity under any other Federal, State, or local
grant program, including funds made available to the eligible
entity under this title or administered by the U.S.
Department of Transportation.
``(c) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Highway Administration.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a political subdivision of a State;
``(D) a territory of the United States;
``(E) an entity described in section 207(m)(1)(E);
``(F) a recipient of funds under section 203; or
``(G) a metropolitan planning organization (as defined in
section 134(b)(2)).
``(3) Environmental review process.--The term
`environmental review process' has the meaning given the term
in section 139(a)(3).
``(4) Proposed project.--The term `proposed project' means
a surface transportation project for which an environmental
review process is required.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is further amended by adding at
the end the following:
``179. Environmental review implementation funds.''.
SEC. 110019. LOW-CARBON TRANSPORTATION MATERIALS GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code,
is further amended by adding at the end the following:
``Sec. 180. Low-carbon transportation materials grants
``(a) Federal Highway Administration Appropriation.--In
addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $900,000,000, to remain
available until September 30, 2026, to the Administrator to
reimburse eligible recipients for the incremental costs of
using low-embodied carbon construction materials and products
in projects and for the administrative costs of carrying out
this section.
``(b) Reimbursement of Incremental Costs; Incentives.--
``(1) Reimbursement of incremental costs.--
``(A) In general.--The Administrator shall, subject to the
availability of funds, reimburse eligible recipients that use
low-embodied carbon construction materials and products on a
project funded under this title.
``(B) Amount.--The amount of reimbursement under
subparagraph (A) shall be the incrementally higher cost of
using such materials relative to the cost of using
traditional materials, as determined by the eligible
recipient and verified by the Administrator.
``(2) Incentive.--If a reimbursement is provided under
paragraph (1), the total Federal share payable for the
project for which the reimbursement is provided shall be up
to 100 percent.
``(3) Limitations.--
``(A) In general.--The Administrator shall only provide a
reimbursement under paragraph (1) for a project on a--
``(i) Federal-aid highway;
``(ii) tribal transportation facility;
``(iii) Federal lands transportation facility; or
``(iv) Federal lands access transportation facility.
``(B) Other restrictions.--Amounts made available under
this section shall not be subject to any restriction or
limitation on the total amount of funds available for
implementation or execution of programs authorized for
Federal-aid highways.
``(C) Single occupant passenger vehicles.--Funds made
available under this section shall not be used for projects
that result in additional through travel lanes for single
occupant passenger vehicles.
``(4) Materials identification.--The Administrator shall
review the low-embodied carbon construction materials and
products identified by the Administrator of the Environmental
Protection Agency and shall identify low-embodied carbon
construction materials and products--
``(A) appropriate for use in projects eligible under this
title; and
``(B) eligible for reimbursement under this section.
``(c) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Highway Administration.
``(2) Eligible recipient.--The term `eligible recipient'
means--
``(A) a State;
``(B) a unit of local government;
``(C) a political subdivision of a State;
``(D) a territory of the United States;
``(E) an entity described in section 207(m)(1)(E));
``(F) a recipient of funds under section 203;
``(G) a metropolitan planning organization (as defined in
section 134(b)(2)); or
``(H) a special purpose district or public authority with a
transportation function.
``(3) Embodied carbon.--The term `embodied carbon' means
the quantity of greenhouse gas emissions associated with all
relevant stages of production of a material or product,
measured in kilograms of carbon dioxide-equivalent per unit
of such material or product.
``(4) Low-embodied carbon construction materials and
products.--The term `low-embodied carbon construction
materials and products' means materials and products
identified by the Administrator of the Environmental
Protection Agency as having substantially lower levels of
embodied carbon compared to estimated industry averages of
similar products or materials.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is further amended by adding at
the end the following:
``180. Low-carbon transportation materials grants.''.
SEC. 110020. SOUTHWEST BORDER REGIONAL COMMISSION.
In addition to amounts otherwise available, there is
appropriated to the Southwest Border Regional Commission for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $33,000,000, to remain available
until September 30, 2031, to carry out activities authorized
by subtitle V of title 40, United States Code.
TITLE XII--COMMITTEE ON VETERANS AFFAIRS
SEC. 120001. DEPARTMENT OF VETERANS AFFAIRS INFRASTRUCTURE
IMPROVEMENTS.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $2,317,000,000, to
remain available until September 30, 2031, for facilities
under the jurisdiction of, or for the use of, the Department
of Veterans Affairs to carry out sections 2400, 2403, 2404,
2406, 2407, 2412, 8101, 8102 (except for section 8102(d)),
8103 (except for super construction projects as defined in
section 8103(e)(3)), 8104 through 8110, 8122, and 8161
through 8169 of title 38, United States Code, taking into
consideration the integration of climate resiliency into
infrastructure as well as the needs of underserved areas and
underserved veteran populations.
SEC. 120002. MODIFICATIONS TO ENHANCED-USE LEASE AUTHORITY OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Modifications to Authority.--Paragraph (2) of section
8162(a) of title 38, United States Code, is amended to read
as follows:
``(2)(A) The Secretary may enter into an enhanced-use lease
on or after the date of the enactment of this paragraph only
if the Secretary determines--
``(i) that the lease will not be inconsistent with, and
will not adversely affect--
``(I) the mission of the Department; or
``(II) the operation of facilities, programs, and services
of the Department in the local area; and
``(ii) that--
``(I) the lease will enhance the use of the leased property
by directly or indirectly benefitting veterans; or
``(II) the leased property will provide supportive housing.
``(B) The Secretary shall give priority to enhanced-use
leases that, on the leased property--
``(i) provide supportive housing for veterans;
``(ii) provide direct services or benefits targeted to
veterans; or
``(iii) provide services or benefits that indirectly
support veterans.''.
(b) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$455,000,000 for the Department of Veterans Affairs, to
remain available until expended, to enter into enhanced-use
leases pursuant to section 8162 of
[[Page H6477]]
title 38, United States Code, as amended by this section.
(c) Modification of Sunset.--Section 8169 of such title is
amended by striking ``December 31, 2023'' and inserting
``September 30, 2026''.
SEC. 120003. MAJOR MEDICAL FACILITY LEASES OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) Authority to Enter Into Major Medical Facility
Leases.--Paragraph (2) of subsection (a) of section 8104 of
title 38, United States Code, is amended--
(1) by striking ``No funds'' and inserting ``(A) No
funds'';
(2) by striking ``or any major medical facility lease'';
(3) by striking ``or lease''; and
(4) by adding at the end the following new subparagraph:
``(B) Funds may be appropriated for a fiscal year, and the
Secretary may obligate and expend funds, including for
advance planning and design, for any major medical facility
lease.''.
(b) Modification of Definition of Major Medical Facility
Lease.--Subparagraph (B) of paragraph (3) of such subsection
is amended to read as follows:
``(B) The term `major medical facility lease'--
``(i) means a lease for space for use as a new medical
facility approved through the General Services Administration
under section 3307(a)(2) of title 40 at an average annual
rent equal to or greater than the dollar threshold described
in such section, which shall be subject to annual adjustment
in accordance with section 3307(h) of such title; and
``(ii) does not include a lease for space for use as a
shared Federal medical facility for which the Department's
estimated share of the lease costs does not exceed such
dollar threshold.''.
(c) Interim Leasing Actions.--Such section is further
amended by adding at the end the following new subsection:
``(i)(1) The Secretary may carry out interim leasing
actions for major medical facility leases (as defined in
subsection (a)(3)(B)).
``(2) In this subsection, the term `interim leasing
actions' has the meaning given that term by the Administrator
of the General Services Administration.''.
(d) Applicability.--The amendments made by this section
shall apply with respect to a major medical facility lease of
the Department of Veterans Affairs that has not been
specifically authorized by law on or before the date of the
enactment of this Act and is included as part of the annual
budget submission of the Department of Veterans Affairs for
fiscal year 2022, 2023, or 2024.
(e) Purchase Options.--The Secretary of Veterans Affairs
may obligate and expend funds to exercise a purchase option
included in any major medical facility lease described in
subsection (d).
(f) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$1,805,000,000, to remain available until expended, for major
medical facility leases pursuant to subchapter I of chapter
81 of title 38, United States Code, as amended by this
section, as requested in the annual budget submission of the
Department of Veterans Affairs for fiscal year 2022, 2023, or
2024.
(g) Termination and Restoration.--
(1) In general.--Effective upon the date of execution of
the final lease award for leases described in subsection (d),
subsections (a) through (e) of this section and the
amendments made by those subsections are repealed and any
provision of law amended by those subsections is restored as
if those subsections had not been enacted into law.
(2) Notification.--The Secretary of Veterans Affairs shall
submit to Congress and the Law Revision Counsel of the House
of Representatives written notification of the date specified
in paragraph (1) not later than 30 days before such date.
SEC. 120004. INCREASE IN NUMBER OF HEALTH PROFESSIONS
RESIDENCY POSITIONS AT DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITIES.
(a) Increase.--In carrying out section 7302(a)(1) of title
38, United States Code, during the seven-year period
beginning on the day that is one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall increase the number of health professions residency
positions at medical facilities of the Department of Veterans
Affairs by not more than 500 positions (which shall be
allocated among occupations included in the most current
determination published in the Federal Register pursuant to
section 7412(a) of such title, or allocated pursuant to a
prioritization by the Secretary of occupations in primary
care, mental health care, and any other health professions
occupation the Secretary determines appropriate) through the
establishment of such new positions at--
(1) medical facilities where the Secretary established such
positions pursuant to section 301(b)(2) of the Veterans
Access, Choice, and Accountability Act of 2014 (Public Law
113-146; 38 U.S.C. 7302 note); or
(2) any medical facility--
(A) the director of which expresses an interest in
establishing or expanding a health professions residency
program at the medical facility; or
(B) that is located in a community that has a high
concentration of veterans or is experiencing a shortage of
health care professionals.
(b) Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Department of
Veterans Affairs for fiscal year 2022, out of any money in
the Treasury not otherwise appropriated, $268,000,000, to
remain available until September 30, 2029, for the purpose of
carrying out this section.
SEC. 120005. VETERAN RECORDS SCANNING.
In addition to amounts otherwise available, there is
appropriated to the Veterans Benefits Administration for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $150,000,000, to remain available
until September 30, 2023, for costs of record scanning and
claims processing, to carry out sections 7701 and 7703 of
title 38, United States Code.
SEC. 120006. FUNDING FOR DEPARTMENT OF VETERANS AFFAIRS
OFFICE OF INSPECTOR GENERAL.
In addition to amounts otherwise available, there is
appropriated to the Office of Inspector General of the
Department of Veterans Affairs for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$5,000,000, to remain available until September 30, 2031, for
audits, investigations, and other oversight of projects and
activities carried out with funds made available to the
Department of Veterans Affairs.
TITLE XIII--COMMITTEE ON WAYS AND MEANS
Subtitle A--Universal Comprehensive Paid Leave
SEC. 130001. COMPREHENSIVE PAID LEAVE.
The Social Security Act is amended by adding at the end the
following:
``TITLE XXII--COMPREHENSIVE PAID LEAVE BENEFITS
``SEC. 2201. TABLE OF CONTENTS.
``The table of contents for this title is as follows:
``Sec. 2201. Table of contents.
``Sec. 2202. Entitlement to comprehensive paid leave benefits.
``Sec. 2203. Benefit amount.
``Sec. 2204. Benefit determination and payment.
``Sec. 2205. Appeals.
``Sec. 2206. Accurate payment.
``Sec. 2207. Funding for benefit payments, grants, and program
administration.
``Sec. 2208. Funding for State administration option for legacy States.
``Sec. 2209. Reimbursement option for employer-sponsored comprehensive
paid leave benefits.
``Sec. 2210. Definitions.
``SEC. 2202. ENTITLEMENT TO COMPREHENSIVE PAID LEAVE
BENEFITS.
``(a) In General.--Every individual who--
``(1) has filed an application for a comprehensive paid
leave benefit in accordance with section 2204(a);
``(2) has, or anticipates having, at least 4 caregiving
hours in a week ending at any time during the period that
begins 90 days before the date on which such application is
filed or not later than 90 days after such date;
``(3) has wages or self-employment income at any time
during the period--
``(A) beginning with the most recent calendar quarter that
ends at least 4 months prior to the beginning of the
individual's benefit period specified in subsection (b); and
``(B) ending with the month before the month in which such
benefit period begins; and
``(4) has at least the specified amount of wages and self-
employment income during the most recent 8-calendar quarter
period that ends at least 4 months prior to the beginning of
the individual's benefit period specified in subsection (b),
shall be entitled to such a benefit for each month during
such benefit period, except as otherwise provided in this
section. For purposes of paragraph (4), the specified amount
for individuals whose benefit period begins in calendar year
2024 shall be $2,000, and the specified amount for
individuals whose benefit period begins in any calendar year
after 2024 shall equal the specified amount applicable for
the calendar year preceding such calendar year, or, if
larger, the product of $2,000 and the quotient obtained by
dividing the national average wage index (as defined in
section 2210) for the second calendar year preceding such
calendar year by the national average wage index (as so
defined) for 2022.
``(b) Benefit Period.--
``(1) In general.--Except as provided in paragraph (2), the
benefit period specified in this subsection is the period
beginning with the month in which ends the 1st week in which
the individual has at least 4 caregiving hours and otherwise
would meet the criteria specified in paragraphs (1), (2),
(3), and (4) of subsection (a) and ending at the end of the
month in which ends the 52nd week ending during such period.
``(2) Retroactive benefits.--In the case of an application
for benefits under this section with respect to an individual
who has at least 4 caregiving hours in a week at any time
during the period that begins 90 days before the date on
which such application is filed, the benefit period specified
in this subsection is the period beginning with the later
of--
``(A) the month in which ends the 1st week in which the
individual has at least 4 caregiving hours; or
``(B) the 1st month that begins during such 90-day period,
and ending at the end of the month in which ends the 52nd
week ending during such period.
``(3) Limitation.--Notwithstanding paragraphs (1) and (2),
no benefit period under this title may begin with any month
beginning before January 2024.
``(c) Caregiving Hours.--
``(1) Caregiving hour defined.--For purposes of this title,
the term `caregiving hour' means a 1-hour period during which
the individual engaged in qualified caregiving (determined on
the basis of information filed with the Commissioner pursuant
to subsection (c) of section 2204).
[[Page H6478]]
``(2) Qualified caregiving.--
``(A) In general.--For purposes of this subsection, the
term `qualified caregiving' means any activity engaged in by
an individual in lieu of work (during the hours that
constitute the individual's regular workweek (within the
meaning of section 2203(d))), other than for monetary
compensation, for a qualifying reason (as defined in section
2210).
``(B) No monetary compensation permitted.--For purposes of
subparagraph (A), an activity shall be considered to be
engaged in by an individual for monetary compensation if, for
the time during which the individual was so engaged, the
individual received--
``(i) wages from an employer;
``(ii) self-employment income; or
``(iii) any form of cash payment made by an employer for
purposes of providing the individual with paid vacation, paid
sick leave, or any other form of paid time off (but not
including any such form of cash payment to the extent that
the sum of such cash payment and any comprehensive paid leave
benefits under section 2202 does not exceed 100 percent of
the individual's regular rate of pay (as determined under
section 7(e) of the Fair Labor Standards Act of 1938)).
``(C) Treatment of individuals covered by employer-
sponsored comprehensive paid leave program.--For purposes of
subparagraph (A), an activity engaged in by an individual
shall not be considered to be engaged in in lieu of work if,
for the time during which the individual was so engaged, the
individual is taking leave from covered employment under an
employer-sponsored program (as defined in section 2209(g)).
``(D) Treatment of individuals covered by legacy state
comprehensive paid leave program.--For purposes of
subparagraph (A), an activity engaged in by an individual
shall not be considered to be engaged in in lieu of work if,
for the time during which the individual was so engaged, the
individual is taking leave from covered employment under the
law of a legacy State (as defined in section 2208(c)). In the
case of an individual who is no longer employed, such
individual shall be treated, for purposes of the preceding
sentence, as taking leave from covered employment under the
law of a legacy State (as so defined) with respect to the
portion of the time during which the individual was so
engaged corresponding to the share of the individual's
regular workweek (within the meaning of 2203(d)) that was in
covered employment under the law of a legacy State (as so
defined).
``(d) No Caregiving Hours in Individual's Week of Death.--
No caregiving hours of an individual may be credited under
section 2203(c) to the week during which the individual dies.
``(e) Disqualification.--An individual who has been found
to have used false statements or representation to secure
benefits under this section shall be ineligible for benefits
under this section for a 5-year period following the date of
such finding.
``SEC. 2203. BENEFIT AMOUNT.
``(a) In General.--The amount of the benefit to which an
individual is entitled under section 2202 for a month shall
be an amount equal to the sum of the weekly benefit amounts
for each week ending during such month. The weekly benefit
amount of an individual for a week shall be equal to the
product of the individual's weekly benefit rate (as
determined under subsection (b)) multiplied by a fraction--
``(1) the numerator of which is the number of caregiving
hours of the individual credited to such week (as determined
in subsection (c)); and
``(2) the denominator of which is the number of hours in a
regular workweek of the individual (as determined in
subsection (d)).
``(b) Weekly Benefit Rate.--
``(1) In general.--For purposes of this section, an
individual's weekly benefit rate shall be an amount equal to
the sum of--
``(A) 90.138 percent of the individual's average weekly
earnings to the extent that such earnings do not exceed the
amount established for purposes of this subparagraph by
paragraph (2);
``(B) 73.171 percent of the individual's average weekly
earnings to the extent that such earnings exceed the amount
established for purposes of subparagraph (A) but do not
exceed the amount established for purposes of this
subparagraph by paragraph (2); and
``(C) 53.023 percent of the individual's average weekly
earnings to the extent that such earnings exceed the amount
established for purposes of subparagraph (B) but do not
exceed the amount established for purposes of this
subparagraph by paragraph (2).
``(2) Amounts established.--
``(A) Initial amounts.--For individuals whose benefit
period under this title begins in calendar year 2024, the
amount established for purposes of subparagraphs (A), (B),
and (C) of paragraph (1) shall be \1/52\ of $15,080, $34,248,
and $62,000, respectively.
``(B) Wage indexing.--For individuals whose benefit period
under this title begins in any calendar year after 2024, each
of the amounts so established shall equal the corresponding
amount established for the calendar year preceding such
calendar year, or, if larger, the product of the
corresponding amount established with respect to the calendar
year 2024 and the quotient obtained by dividing--
``(i) the national average wage index (as defined in
section 2210) for the second calendar year preceding such
calendar year, by
``(ii) the national average wage index (as so defined) for
calendar year 2022.
``(C) Rounding.--Each amount established under subparagraph
(B) for any calendar year shall be rounded to the nearest $1,
except that any amount so established which is a multiple of
$0.50 but not of $1 shall be rounded to the next higher $1.
``(3) Average weekly earnings.--For purposes of this
subsection, an individual's average weekly earnings, as
calculated by the Commissioner, shall be equal to the
quotient obtained by dividing--
``(A) the total of the wages and self-employment income
received by the individual during the 8-calendar quarter
period described in section 2202(a)(4); by
``(B) 104.
``(4) Evidence of earnings.--For purposes of determining
the wages and self-employment income of an individual with
respect to an application for benefits under section 2202,
the Commissioner shall make such determination on the basis
of data provided to the Commissioner from the National
Directory of New Hires pursuant to section 453(j)(12) and
self-employment income information provided to the
Commissioner pursuant to section 6103(l)(23) of the Internal
Revenue Code of 1986, except that the Commissioner shall also
consider any more recent or additional evidence of wages or
self-employment income the individual chooses to additionally
submit.
``(c) Crediting of Caregiving Hours to a Week.--The number
of caregiving hours of an individual credited to a week as
determined under this subsection shall equal the number of
caregiving hours of the individual occurring during such
week, except that--
``(1) such number may not exceed the number of hours in a
regular workweek of the individual (as determined in
subsection (d));
``(2) no caregiving hours may be credited to a week in
which fewer than 4 caregiving hours of the individual occur;
``(3) no caregiving hours of the individual may be credited
to the individual's waiting period, consisting of the first
week during an individual's benefit period in which at least
4 caregiving hours occur (regardless of whether the
individual received any form of cash payment for the purpose
of providing the individual with paid vacation, paid sick
leave, or any other form of paid time off from the
individual's employer during such week in accordance with
section 2202(c)(2)(B)(iii)); and
``(4) the total number of caregiving hours credited to
weeks during the individual's benefit period may not exceed
the product of 4 multiplied by the number of hours in a
regular workweek of the individual (as so determined).
``(d) Number of Hours in a Regular Workweek.--For purposes
of this section, the number of hours in a regular workweek of
an individual shall be the number of hours that the
individual regularly works in a week for all employers or as
a self-employed individual (or regularly worked in the case
of an individual who is no longer working or whose total
weekly hours of work have been reduced) during the month
before the individual's benefit period begins (or prior to
such month, if applicable in the case of an individual who is
no longer working or whose total weekly hours of work have
been reduced).
``(e) Submission of Required Information.--Any person may
submit applicable paid leave information with respect to an
individual, including, as applicable, the individual's
representative, the individual's employer, or any relevant
authority identified under section 2204(b)(2). For purposes
of this subsection, the term `applicable paid leave
information' means, with respect to an individual, any
information submitted to the Commissioner with respect to the
comprehensive paid leave benefits of the individual,
including any initial application, periodic benefit claim
report, appeal, and any other information submitted in
support of such application, report, or appeal.
``SEC. 2204. BENEFIT DETERMINATION AND PAYMENT.
``(a) In General.--An individual seeking benefits under
section 2202 shall file an application with the Commissioner
containing at least the information described in subsection
(b). Any information contained in an application for benefits
under section 2202, or in a periodic benefit claim report
filed with respect to such benefits, shall be presumed to be
true and accurate, unless the Commissioner demonstrates by a
preponderance of the evidence that information contained in
the application or periodic benefit claim report is false,
except that the Commissioner shall mandate procedures to
validate the identity of such individual.
``(b) Required Contents of Initial Application.--An
application for a comprehensive paid leave benefit filed by
an individual shall include--
``(1) an attestation that the individual has, or
anticipates having, at least 4 caregiving hours in a week
ending at any time during the period that begins 90 days
before the date on which such application is filed or not
later than 90 days after such date;
``(2) at the option of the Commissioner, a certification,
issued by a relevant authority identified under regulations
issued by the Commissioner, that contains such information as
the Commissioner shall specify in regulations as necessary to
affirm the circumstances giving rise to the need for such
caregiving hours, which shall be no more than is required for
reasonable documentation (as defined in section 2210);
``(3) an attestation from the individual that notice of the
individual's need to be absent from work during such
caregiving hours has been provided, not later than 7 days
after such need arises, to the individual's employer (except
in cases of hardship or other extenuating circumstances or if
the individual does not have (or no longer has) an employer);
``(4) pay stubs or such other evidence as the individual
may provide demonstrating the individual's wages or self-
employment income during the period described in section
2202(a)(3), except that the Commissioner may waive this
requirement in any case in which such evidence is otherwise
available to the Commissioner; and
``(5) an attestation from the individual stating the number
of hours in a regular workweek of
[[Page H6479]]
the individual (within the meaning of section 2203(d)).
In the case of an individual who applies for a comprehensive
paid leave benefit in the anticipation of caregiving hours
occurring after the date of application, the certification
described in paragraph (2), the attestations described in
paragraphs (3) and (5), and the evidence described in
paragraph (4) may be provided after the 1st week in which at
least 4 such caregiving hours occur.
``(c) Periodic Benefit Claim Report.--
``(1) In general.--Except as provided in paragraph (2), not
later than 60 days (or such longer period as may be provided
in any case in which the Commissioner determines that good
cause exists for an extension) after the end of each month
during the benefit period of an individual entitled to
benefits under section 2202, the individual shall file a
periodic benefit claim report with the Commissioner. Such
periodic benefit claim report shall specify the caregiving
hours of the individual that occurred during each week that
ended in such month. No periodic benefit claim report shall
be required with respect to any week in which fewer than 4
caregiving hours occurred.
``(2) Retroactive applications.--In the case of an
application filed by an individual for a comprehensive paid
leave benefit with a benefit period that begins, in
accordance with section 2202(b)(2), with a month that ends
before the date on which such application is filed, the
individual may include with such application the information
described in the second sentence of paragraph (1) with
respect to each week in the benefit period that ends before
such date.
``(d) Determinations.--
``(1) Initial application.--The Commissioner shall
determine, with respect to an individual applying for
benefits under section 2202, the initial entitlement and the
benefit period in accordance with such section, and the
weekly benefit rate, average weekly earnings, and the number
of hours in a regular workweek in accordance with section
2203.
``(2) Monthly benefit determinations.--On the basis of the
information filed with the Commissioner pursuant to
subsection (c), the Commissioner shall determine, with
respect to an individual for each week ending in a month, the
number of caregiving hours to be credited to such week in
accordance with section 2203(c).
``(3) Changing circumstances.--If more than one type of
circumstance gives rise to the need for caregiving hours
during the individual's benefit period, such caregiving hours
shall be credited to weeks within the benefit period in
accordance with section 2203(c) regardless of circumstance.
``(e) Certification of Payment.--Not later than 15 days
after the making of a determination under subsection (d)(2)
with respect to the number of caregiving hours of an
individual to be credited to weeks ending in a month, the
Commissioner shall certify payment of the comprehensive paid
leave benefit for such month to be made to such individual,
and the Secretary of the Treasury shall make such payment in
accordance with the certification of the Commissioner of
Social Security.
``(f) Regulations and Procedures.--The Commissioner shall
have full power and authority to make rules and regulation,
including interim final regulations, and to establish
procedures, not inconsistent with this title, which are
necessary and appropriate to carry out this title.
``SEC. 2205. APPEALS.
``(a) In General.--An individual shall have the right--
``(1) to appeal to the Commissioner any determination made
with respect to--
``(A) comprehensive paid leave benefits under section 2202;
and
``(B) comprehensive paid leave benefits under an employer-
sponsored program described in section 2209 whose appeal to
the employer (or administering entity) pursuant to subsection
(b)(1)(B)(iii)(I) of such section results in a determination
unfavorable to the individual; and
``(2) to have the appeal heard in a timely manner by a
decisionmaker who was not the initial decisionmaker and who
reviews any additional evidence submitted.
``(b) Treatment of Determinations on Appeal.--Any
determination by the Commissioner on an appeal under this
section shall be a final determination.
``SEC. 2206. ACCURATE PAYMENT.
``(a) Underpayments and Overpayments.--
``(1) In general.--Whenever the Commissioner determines
that more or less than the correct amount of payment has been
made to any individual under this title, the Commissioner
shall promptly notify the individual of such determination
and inform the individual of the right to appeal such
determination in accordance with the provisions of section
2205. Proper adjustment or recovery shall be made as follows:
``(A) Underpayments.--With respect to payment to an
individual of less than the correct amount, the Commissioner
shall promptly pay the balance of the amount due to such
underpaid individual.
``(B) Overpayments.--
``(i) In general.--With respect to payment to an individual
of more than the correct amount, the Commissioner shall
decrease any payment for a month under section 2202 to which
such overpaid individual is entitled (except that no such
payment may be decreased in any manner that results in weekly
benefit amounts for each week ending during such month that
are less than the lower of the weekly benefit amounts for
each such week as determined for such individual under
section 2203(a) or the amount specified in clause (ii) with
respect to such weekly benefit amounts of the individual), or
shall require such overpaid individual to refund the amount
in excess of the correct amount, or shall apply any
combination of the foregoing.
``(ii) Limitation on recovery.--
``(I) Amount specified.--The amount specified in this
clause with respect to a weekly benefit amount of an
individual for a week is an amount equal to the weekly
benefit amount that would be determined for the individual
for such week under section 2203(a) if the individual's
weekly benefit rate (as determined under section 2203(b))
were equal to the applicable dollar amount as determined
under subclause (II).
``(II) Applicable dollar amount.--For purposes of subclause
(I), the applicable dollar amount is--
``(aa) with respect to a weekly benefit amount determined
for a week ending in a month in calendar year 2024, $315; and
``(bb) with respect to a weekly benefit amount determined
for a week ending in a month in any calendar year after 2024,
the corresponding amount established with respect to a weekly
benefit amount determined for a week ending in a month in the
calendar year preceding such calendar year or, if larger, the
product of the corresponding amount specified in item (aa)
with respect to a weekly benefit amount determined for a week
ending in a month in calendar year 2024 multiplied by the
quotient obtained by dividing--
``(AA) the national average wage index (as defined in
section 2210) for the second calendar year preceding such
calendar year, by
``(BB) the national average wage index (as so defined) for
2022.
``(2) Waiver of certain overpayments.--In any case in which
more than the correct amount of payment for comprehensive
paid leave benefits under section 2202 has been made, there
shall be no adjustment of payments to, or recovery from, any
individual who was without fault in connection with the
overpayment if such adjustment or recovery would defeat the
purpose of this title or would impede efficient or effective
administration of this title, or if such individual relied on
the receipt or expected payment of comprehensive paid leave
benefits under section 2202 to make a financial decision. In
considering whether an individual is without fault, the
Commissioner shall take into account the individual's age and
any physical impairment or mental impairment (including
intellectual disability), limited English proficiency, low
levels of literacy skills, educational limitations, and any
other circumstances that may render the individual not at
fault.
``(b) Civil Monetary Penalty.--
``(1) In general.--Any person who knowingly makes a false
statement, misrepresents a fact, or omits material
information in connection with an application for benefits
under section 2202 or a periodic benefit claim report under
section 2204 shall be subject to a civil monetary penalty of
not more than the amount determined under paragraph (2) for a
calendar year for each such statement, misrepresentation, or
omission.
``(2) Amount determined.--The amount determined under this
paragraph for a calendar year shall be the amount that would
be in effect for such calendar year if such penalty--
``(A) had been first established in the amount of $5,000 in
calendar year 1994; and
``(B) had been initially adjusted for inflation in calendar
year 2016.
``(c) Exclusion From Participation.--
``(1) In general.--No person or entity who--
``(A) knowingly and willfully makes or causes to be made
any false statement or representation of a material fact in
any application for any benefit under this title,
``(B) at any time knowingly and willfully makes or causes
to be made any false statement or representation of a
material fact for use in determining rights to any such
benefit,
``(C) having knowledge of the occurrence of any event
affecting (i) his initial or continued right to any such
benefit, or (ii) the initial or continued right to any such
benefit of any other individual in whose behalf he has
applied for or is receiving such benefit, conceals or fails
to disclose such event with an intent fraudulently to secure
such benefit either in a greater amount or quantity than is
due or when no such benefit is authorized,
``(D) having made application to receive any such benefit
for the use and benefit of another and having received it,
knowingly and willfully converts such benefit or any part
thereof to a use other than for the use and benefit of such
other person, or
``(E) conspires to take any action described in any of
subparagraphs (A) through (C),
may represent, or submit evidence on behalf of, an individual
applying for, or receiving, benefits under this title.
``(2) Effective date.--An exclusion under this paragraph
shall be effective with respect to services furnished to any
individual on or after the effective date of the exclusion.
Nothing in this paragraph may be construed to preclude
consideration of any medical evidence derived from services
provided by a health care provider before the effective date
of the exclusion of the health care provider under this
subsection.
``(d) Redetermination of Entitlement.--
``(1) In general.--
``(A) Termination or reversal of benefits.--The
Commissioner shall immediately redetermine the entitlement of
an individual to comprehensive paid leave benefits under
section 2202 if there is reason to believe that fraud or
similar fault was involved in the application of the
individual for such benefits.
``(B) Disregard of certain evidence.--When redetermining
the entitlement, or making an initial determination of
entitlement, of an individual under this title, the
Commissioner shall disregard any evidence if there is reason
to believe that fraud or similar fault was involved in the
providing of such evidence.
``(2) Similar fault described.--For purposes of paragraph
(1), similar fault is involved with respect to a
determination if--
[[Page H6480]]
``(A) an incorrect or incomplete statement that is material
to the determination is knowingly made; or
``(B) information that is material to the determination is
knowingly concealed.
``(3) Termination of benefits.--If, after redetermining
pursuant to this subsection the entitlement of an individual
to comprehensive paid leave benefits, the Commissioner
determines that there is insufficient evidence to support
such entitlement, the Commissioner may terminate such
entitlement and may treat benefits paid on the basis of such
insufficient evidence as overpayments.
``SEC. 2207. FUNDING FOR BENEFIT PAYMENTS, GRANTS, AND
PROGRAM ADMINISTRATION.
``(a) Funding for Benefit Payments and Grants.--In addition
to amounts otherwise available, there are appropriated, out
of any funds in the Treasury not otherwise appropriated, such
sums as may be necessary to pay benefits under section 2202
and for grants under sections 2208 and 2209.
``(b) Funding for Program Administration.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated, out of any funds in the
Treasury not otherwise appropriated, $1,500,000,000 for
fiscal year 2022 and $1,590,700,000 for each subsequent
fiscal year (subject to paragraph (2)) for timely and
accurate administration of all sections of this title,
including costs related to necessary customer service,
staffing, technology, training, data sharing, identity
validation, technical assistance to legacy States under
section 2208 and employers or employer-designated third party
administrators under section 2209, public education and
outreach to potential beneficiaries, and research for the
purpose of ensuring full and equitable access to the programs
under this title.
``(2) Indexing to wage growth.--For each fiscal year after
2024, there shall be substituted for the dollar amount
specified in paragraph (1) for such fiscal year an amount
equal to the larger of the dollar amount in effect under this
subsection for the fiscal year preceding such fiscal year or
the product of $1,590,700,000 multiplied by the ratio of--
``(A) the national average wage index (as defined in
section 2210) for the most recent calendar year that ends
before the beginning of such preceding fiscal year, to
``(B) the national average wage index (as so defined) for
2021.
``(3) No use of title ii funds.--No funds made available
for the administration of title II may be used to carry out
the paid leave program established under this title.
``(c) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2022, out of
any funds in the Treasury not otherwise appropriated,
$2,000,000,000, to remain available until expended, for
necessary administrative expenses of the Social Security
Administration.
``(d) Availability of Emergency Funding.--In addition to
amounts otherwise available, there is appropriated for fiscal
year 2022, out of any funds in the Treasury not otherwise
appropriated, $500,000,000, to remain available until
expended, for administrative expenses described in subsection
(b)(1) during fiscal year 2024 or any subsequent fiscal year,
except that such amount shall not be available in any fiscal
year unless the Commissioner determines that the number of
applications filed during such fiscal year for comprehensive
paid leave benefits under section 2202(a) will exceed the
number that were anticipated to be filed during such fiscal
year (as determined by the Commissioner) by 20 percent or
more.
``SEC. 2208. FUNDING FOR STATE ADMINISTRATION OPTION FOR
LEGACY STATES.
``(a) In General.--In each calendar year beginning with
calendar year 2025, the Commissioner shall make a grant to
each State that, for the calendar year preceding such
calendar year, was a legacy State and that met the data
sharing requirements of subsection (e), in an amount equal to
the lesser of--
``(1) an amount, as estimated by the Commissioner, equal to
the total amount of comprehensive paid leave benefits that
would have been paid under section 2202 (including the costs
to the Commissioner to administer such benefits, not to
exceed (for purposes of estimating such total amount under
this paragraph) 7 percent of the total amount of such
benefits paid) to individuals who received paid family and
medical leave benefits under a State law described in
paragraph (1) or (3) of subsection (b) during the calendar
year preceding such calendar year if the State had not been a
legacy State for such preceding calendar year; or
``(2) an amount equal to the total cost of paid family and
medical leave benefits under a State law described in
paragraph (1) or (3) of subsection (b) for the calendar year
preceding such calendar year, including--
``(A) any paid family and medical leave benefits provided
by an employer (whether directly, under a contract with an
insurer, or provided through a multiemployer plan) as
described in subsection (d); and
``(B) the full cost to the State of administering such law
(except that such cost may not exceed 7 percent of the total
amount of paid family and medical leave benefits paid under
such State law).
In any case in which, during any calendar year, the
Commissioner has reason to believe that a State will be a
legacy State and meet the data sharing requirements of
subsection (e) for such calendar year, the Commissioner may
make estimated payments during such calendar year of the
grant which would be paid to such State in the succeeding
calendar year, to be adjusted as appropriate in the
succeeding calendar year.
``(b) Legacy State.--For purposes of this section, the term
`legacy State' for a calendar year means a State with respect
to which the Commissioner determines that--
``(1) the State has enacted, not later than the date of
enactment of this title, a State law that provides paid
family and medical leave benefits;
``(2) for any calendar year that begins before the date
that is 3 years after the date of enactment of this title,
the State certifies to the Commissioner that the State
intends to remain a legacy State and meet the data sharing
requirements of subsection (e) at least through the first
calendar year that begins on or after such date; and
``(3) for any calendar year that begins on or after such
date, a State law of the State provides for a State program
to remain in effect throughout such calendar year that
provides comprehensive paid family and medical leave benefits
(which may be paid directly by the State or, if permitted
under such State law, by an employer pursuant to such State
law)--
``(A) for at least 4 full workweeks of leave during each
12-month period to at least all of those individuals in the
State who would be eligible for comprehensive paid leave
benefits under section 2202 (without regard to section
2202(c)(2)(D)), except that the State shall provide such
benefits for leave from employment by the State or any
political subdivision thereof, and may elect to provide such
benefits for leave from any other governmental employment;
``(B) at a wage replacement rate that is at least
equivalent to the wage replacement rate under the
comprehensive paid leave benefit program under section 2202
(without regard to section 2202(c)(2)(D)).
``(c) Covered Employment Under the Law of a Legacy State.--
For purposes of this title, the term `covered employment
under the law of a legacy State' means employment (or self-
employment) with respect to which an individual would be
eligible to receive paid family and medical benefits under
the State law of a State, as described in paragraph (1) or
(3) of subsection (b), during any period during which such
State is a legacy State.
``(d) Employer-provided Benefits in a Legacy State.--
``(1) Treatment for purposes of this title.--
Notwithstanding any provision of section 2209, in the case of
a State that permits paid family and medical leave benefits
to be provided by an employer (whether directly, under a
contract with an insurer, or provided through a multiemployer
plan) pursuant to a State law described in paragraph (1) or
(3) of subsection (b)--
``(A) such benefits shall be considered, for all purposes
under this title, paid family and medical leave benefits
under the law of a legacy State; and
``(B) leave for which such benefits are paid shall be
considered, for all such purposes, leave from covered
employment under the law of a legacy State.
``(2) Distribution of grant funds.--In any case in which
paid family and medical leave benefits are provided by one or
more employers (whether directly, under a contract with an
insurer, or provided through a multiemployer plan) in a
legacy State pursuant to a State law described in paragraph
(1) or (3) of subsection (b), the State, upon the receipt of
any grant amount under subsection (a), may distribute an
appropriate share of such grant to each such employer.
``(e) Data Sharing.--As a condition of receiving a grant
under subsection (a) in a calendar year, a State shall enter
into an agreement with the Commissioner under which the State
shall provide the Commissioner--
``(1) with information, to be provided periodically as
determined by the Commissioner, concerning individuals who
received a paid leave benefit under a State law described in
paragraph (1) or (3) of subsection (b), including each
individual's name, information to establish the individual's
identity, dates for which such paid leave benefits were paid,
the amount of such paid leave benefit, and, to the extent
available, such other information concerning such individuals
as necessary for the purpose of carrying out this section and
section 2202(c)(2)(D);
``(2) not later than July 1 of such calendar year, the
amount described in subsection (a)(2) for the calendar year
preceding such calendar year; and
``(3) such other information as needed to determine
compliance with grant requirements.
``(f) Greater Benefits Permitted.--Nothing in this section
shall be construed to prohibit a legacy State or an employer
providing benefits pursuant to a legacy State law from
providing paid family and medical leave benefits that exceed
the requirements described in this section.
``SEC. 2209. REIMBURSEMENT OPTION FOR EMPLOYER-SPONSORED
COMPREHENSIVE PAID LEAVE BENEFITS.
``(a) In General.--For each calendar year beginning with
calendar year 2024, the Commissioner shall make a grant to
each employer that is an eligible employer for such calendar
year in an amount equal to--
``(1) in the case of an eligible employer sponsoring a
comprehensive paid leave benefit program with respect to
which benefits are awarded and paid under a contract with an
insurer (or through a multiemployer plan), an amount (not to
exceed the employer's expenditures for such program) equal to
the lesser of--
``(A) 90 percent of the product of--
``(i) the projected national average cost per individual of
providing comprehensive paid leave benefits under section
2202 as determined by the Commissioner for such calendar year
under subsection (c)(3) (or, in the case of a calendar year
during which the eligible employer sponsored such
comprehensive paid leave benefit program for only a fraction
of the year, an equal fraction of such projected national
average cost); multiplied by
[[Page H6481]]
``(ii) the number of eligible employees (within the meaning
of subsection (b)(1)(A) and pro-rated for part-time eligible
employees) whose employment is covered employment under the
employer-sponsored program (as defined in subsection (g)) for
such calendar year (or, in the case of a calendar year during
which the eligible employer sponsored such comprehensive paid
leave benefit program for only a fraction of the year, for
such fraction of the year); and
``(B) 90 percent of the total premiums paid to the insurer
(or contributions paid to the multiemployer plan) by the
eligible employer under such contract (or such plan) for such
calendar year (or such fraction thereof) for the coverage
under such contract (or such plan) of eligible employees of
the employer; and
``(2) in the case of an eligible employer sponsoring a
self-insured comprehensive paid leave benefit program with
respect to which benefits are awarded and paid directly by
the employer (or by a third party administrator on behalf of
the employer), an amount equal to 90 percent of--
``(A) the amount of benefits paid under the program for
such calendar year to eligible employees of the employer for
up to 4 weeks of leave per eligible employee; or
``(B) if lesser, the product of the national average weekly
benefit amount paid under section 2203(a) during such
calendar year multiplied by the number of weeks of leave (up
to 4 per eligible employee) paid by the employer for all
eligible employees under the program for the calendar year.
``(b) Eligibility.--
``(1) In general.--For purposes of subsection (a), an
eligible employer for a calendar year is an employer (other
than the Federal Government or the government of any State
(or political subdivision thereof) that is a legacy State for
such calendar year under section 2208) that satisfies all of
the following requirements:
``(A) Non-legacy state employees.--The employer has one or
more employees during such calendar year whose employment
with such employer is not covered employment under the law of
a legacy State (as defined in section 2208(c)) (in this
section referred to as `eligible employees').
``(B) Grant conditions.--As a condition of the grant, the
employer agrees--
``(i) that, on return from leave under the program
described in subparagraph (C)(ii), the eligible employee
taking such leave will--
``(I) be restored by the employer to the position of
employment held by the eligible employee when the leave
commenced; or
``(II) be restored to an equivalent position with
equivalent employment benefits, pay, and other terms and
conditions of employment;
``(ii) to maintain coverage for the eligible employee under
any `group health plan' (as defined in section 2210) for the
duration of such leave at the level and under the conditions
coverage would have been provided if the eligible employee
had continued in employment continuously for the duration of
such leave;
``(iii) in any case in which an eligible employee receives
an adverse determination from the employer (or administering
entity) with respect to comprehensive paid leave benefits
under the program described in subparagraph (C)(ii)--
``(I) to provide opportunity for the eligible employee to
appeal such adverse determination to the employer (or
administering entity); and
``(II) in any case in which the eligible employee elects to
appeal the results of such initial appeal to the Commissioner
pursuant to section 2205(a)(1)(B) and the final decision of
the Commissioner is in the eligible employee's favor, to
provide for the payment of such comprehensive paid leave
benefits in addition to the costs to the Commissioner of such
secondary appeal;
``(iv) to provide annual notice to all eligible employees
stating that their employment is covered employment under an
employer-sponsored program (as defined in subsection (g)) and
informing them of the right to appeal any adverse
determination with respect to comprehensive paid leave
benefits under the program described in subparagraph (C)(ii);
and
``(v) not to impose any fee on any eligible employee
related to ensuring coverage, or to the receipt of
comprehensive paid leave benefits, under the program
described in subparagraph (C)(ii).
``(C) Application; submission of required information.--Not
later than the certification deadline specified in paragraph
(2)(A) for such calendar year, the employer--
``(i) notifies the Commissioner that the employer intends
to seek a grant under this section for such calendar year;
``(ii) certifies to the Commissioner that the employer will
have in effect during such calendar year a comprehensive paid
leave benefit program that meets the requirements of
subsection (c) and, not later than the submission deadline
specified in paragraph (2)(B) for such calendar year,
provides all documentation relating to such program as the
Commissioner may request; and
``(iii) pays an application fee to the Commissioner in
accordance with this subparagraph, such amounts to remain
available to the Commissioner without further appropriation,
in addition to amounts otherwise available, to administer
this section and appeals described in section 2205(a)(1)(B).
In the case of an initial application, the application fee
under this subparagraph shall be $500 for an employer with 50
or fewer employees, $1,000 for an employer with more than 50
but fewer than 500 employees, and $2,000 for an employer with
500 or more employees. In the case of a renewed application,
the application fee under this subparagraph shall be $200.
``(D) Approval by the commissioner.--The comprehensive paid
leave benefit program referred to in subparagraph (C)(ii) is
subsequently approved by the Commissioner as meeting all
applicable requirements.
``(E) Information submission requirement.--At the time of
application for such grant for each calendar year, the
employer--
``(i) submits to the Commissioner--
``(I) an attestation that the comprehensive paid leave
benefit program referred to in subparagraph (C)(ii) will
remain in effect during the whole of such calendar year (or,
in the case of a program not in effect at the beginning of
such calendar year, an attestation that such program will
remain in effect until the end of such calendar year); and
``(II) with respect to each eligible employee of the
employer whose employment is covered employment under the
employer-sponsored program (as defined in subsection (g)) for
such calendar year, the eligible employee's name, information
to establish the eligible employee's identity, and in the
case of a part-time eligible employee (for purposes of
determining the number of eligible employees (pro-rated for
part-time eligible employees) covered under the program for
such calendar year under subsection (a)(1)(B)), the number of
hours the eligible employee regularly works in a week; and
``(ii) agrees to submit information to the Commissioner as
described in subsection (e).
``(F) Maintenance of records.--The employer agrees to
retain all records relating to the employer's comprehensive
paid leave benefit program for not less than 3 years.
``(G) Additional grant requirements.--As a condition of the
grant, the employer (or administering entity) does not--
``(i) interfere with, restrain, or deny the exercise of, or
the attempt to exercise, any right provided under the program
described in subparagraph (C)(ii); or
``(ii) discharge, or in any other manner discriminate
against, any eligible employee for opposing any practice
prohibited by such program.
``(H) Additional eligibility requirements for self-insured
employers.--In the case of a comprehensive paid leave benefit
program of an employer with respect to which benefits are
awarded and paid directly by the employer (or by a third
party administrator on behalf of the employer)--
``(i) such employer employs at least 50 eligible employees;
and
``(ii) such benefits are guaranteed by a surety bond held
by the employer.
``(2) Timing of application.--
``(A) Certification.--The certification deadline specified
in this subparagraph for a calendar year is the date that is
90 days before the beginning of the calendar year, or, if
later, the date that is 90 days before a plan described in
paragraph (1)(C)(ii) first goes into effect.
``(B) Submission of documentation.--The submission deadline
specified in this subparagraph for a calendar year is the
date that is 45 days before the beginning of the calendar
year, or, if later, the date that is 45 days before a plan
described in paragraph (1)(C)(ii) first goes into effect.
``(c) Employer Program Requirements.--
``(1) In general.--A comprehensive paid leave benefit
program shall not be considered to meet the requirements of
this subsection unless such program consists of a written
employer policy in accordance with paragraph (2) that
provides for the payment, through one or more employee
benefit plans, of family and medical leave benefits (in
addition to any paid vacation, paid sick leave, or paid
consolidated leave otherwise provided), which may be
guaranteed through an insurer or provided through a
multiemployer plan and which may be administered by an
insurer, multiemployer plan, or by another third-party
entity, that includes each element described in subparagraphs
(A) through (H) of paragraph (2), and under which the
employer provides for each of the following:
``(A) Each of the additional grant conditions described in
subsection (b)(1)(B).
``(B) Each of the requirements described in subsection
(b)(1)(G).
``(C) Submission of information to the Commissioner as
described in subsection (e).
``(2) Comprehensive paid leave plan requirements for
grantees.--As a condition of a grant under this section, the
written employer policy referred to in paragraph (1) shall
provide comprehensive paid leave benefits--
``(A) to all eligible employees of the employer, regardless
of length of service, job type, membership in a labor
organization, seniority status, or any other employee
classification;
``(B) at a wage replacement rate that is at least as great
as the wage replacement rate that an eligible employee would
receive under the comprehensive paid leave benefit program
under section 2202 (without regard to section 2202(c)(2)(C));
``(C) for a total number of weeks of paid leave that is at
least as great as the total number of weeks of paid leave
that an eligible employee would receive under such program
(without regard to such section);
``(D) for all qualifying reasons (as described in
subparagraphs (A), (B), and (C) of section 2210(6)),
regardless of any pre-existing medical conditions;
``(E) for leave which may be taken intermittently or on a
reduced leave schedule;
``(F) that does not impose any fee on any eligible employee
related to ensuring coverage for, or to the receipt of, such
benefits;
``(G) which must be paid not less frequently than monthly;
and
``(H) for which any information contained in an application
for such benefits shall be presumed to be true and accurate,
unless the employer (or administering entity) demonstrates by
a preponderance of the evidence that information contained in
the application is false.
``(3) National average cost.--Not later than October 1 of
the calendar year before each calendar year beginning with
2024, the Commissioner shall determine and publish the
projected
[[Page H6482]]
national average cost per individual of providing
comprehensive paid leave benefits under section 2202 for such
calendar year, such cost to be determined by dividing the
total cost of benefits under such section for such calendar
year (including the costs to the Commissioner to administer
such benefits, not to exceed (for purposes of calculating the
national average cost under this paragraph) 7 percent of the
total amount of such benefits paid) by the number of
individuals--
``(A) who have wages or self-employment income at any time
during such calendar year; and
``(B) whose employment in a regular workweek (within the
meaning of section 2203(d)) includes employment that is not
covered employment under an employer-sponsored program (as
defined in subsection (g) of this section) or covered
employment under the law of a legacy State (as defined in
section 2208(c)).
``(d) Timing of Payment; Penalty for Late Filing.--
``(1) Insured employers and employers contributing to
multiemployer plans.--A grant paid under this section for a
calendar year to an eligible employer described in subsection
(a)(1) shall be paid by the Commissioner not later than 30
days after the beginning of such calendar year.
``(2) Self-insured employers.--A grant paid under this
section for a calendar year to an eligible employer described
in subsection (a)(2) shall be paid by the Commissioner not
later than March 31 of the calendar year succeeding such
calendar year.
``(3) Penalty for late filing.--In any case in which an
eligible employer seeking a grant under this subsection for a
calendar year fails to submit all required documentation by
the submission deadline for such calendar year as required
under subsection (b)(2)(B)--
``(A) the grant for such calendar year for such employer
shall not be paid until 45 days after the date of payment
otherwise specified in paragraph (1) or (2), as applicable;
and
``(B) the amount of such grant shall be reduced by 2
percent for each 7 days by which such submission deadline is
exceeded.
``(e) Information Submission.--As a condition of receiving
a grant under subsection (a) for a calendar year, an employer
shall provide the Commissioner with information, at such
times and in such manner as required by the Commissioner,
concerning eligible employees who received a paid leave
benefit under the comprehensive paid leave benefit program of
the employer, including each eligible employee's name,
information to establish the eligible employee's identity,
dates for which such paid leave benefits were paid, the
amount of such paid leave benefit, and, to the extent
available, such other information concerning such eligible
employees as needed for the purpose of carrying out this
section and section 2202(c)(2)(C), and for otherwise carrying
out the provisions of this title.
``(f) Enforcement and Grant Recovery.--
``(1) In general.--The Commissioner shall conduct periodic
reviews of employers receiving grants under this section (and
of entities administering such programs). The Commissioner
may withdraw approval of the comprehensive paid leave benefit
program of an employer in any case in which the Commissioner
finds that the employer (or administering entity) has
violated any requirement of this section, may require the
employer to repay the full amount of such grant, and may
disqualify an employer from receiving subsequent grants (or
an administering entity from administering programs) under
this section in the case of repeated violations.
``(2) Penalties relating to appeals.--In any case in which
the Commissioner determines that a pattern exists with
respect to an employer (or administering entity) in which the
employer (or administering entity) has incorrectly denied
claims for paid leave benefits under the employer-sponsored
program and such claims have subsequently been approved by
the Commissioner pursuant to an appeal described in section
2205(a)(1)(B), the Commissioner may impose penalties on the
employer (or administering entity), which may include
requiring the employer to repay the full amount of such grant
and a reduction in, or disqualification from, receiving
subsequent grants (or an entity from administering programs)
under this section.
``(3) Penalties on administering entities.--In the case of
a third-party entity administering a comprehensive paid leave
benefit program of an employer, such entity shall notify such
employer in any case in which a penalty is imposed under this
subsection on the administering entity not later than 30 days
after the date on which such penalty has been imposed. In any
case in which the Commissioner determines that a pattern of
misconduct exists with respect to an entity administering
benefits under this section for multiple employers, the
Commissioner may disqualify such entity from administering
employer-sponsored programs receiving subsequent grants under
this section.
``(4) Employer and administrator appeals.--An employer (or
administering entity) with respect to which a penalty is
imposed under this subsection may appeal such decision to the
Commissioner only if such appeal is filed with the
Commissioner not later than 60 days after the date of such
decision.
``(g) Covered Employment Under an Employer-sponsored
Program.--For purposes of this title, the term `covered
employment under an employer-sponsored program'--
``(1) means employment with an eligible employer sponsoring
a comprehensive paid leave benefit program that meets the
requirements of subsection (c) during a calendar year for
which the eligible employer receives a grant under subsection
(a); and
``(2) does not include covered employment under the law of
a legacy State (as defined in section 2208(c)).
``(h) Greater Benefits Permitted.--Nothing in this section
shall be construed to prohibit an eligible employer from
providing paid family and medical leave benefits that exceed
the requirements described in this section.
``SEC. 2210. DEFINITIONS.
``For purposes of this title:
``(1) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(2) Eligibility.--With respect to any reference in this
title to an individual's eligibility or ineligibility for
comprehensive paid leave benefits under section 2202(a) for a
month, an individual shall be considered to be eligible for
such benefits for such month if, upon filing an application
for such benefits for such month, the individual would be
entitled to such benefits for such month.
``(3) Group health plan.--The term `group health plan' has
the meaning given such term in section 5000(b)(1) of the
Internal Revenue Code of 1986.
``(4) Multiemployer plan.--The term `multiemployer plan'
has the meaning given such term in section 3(37) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(37)).
``(5) National average wage index.--The term `national
average wage index' has the meaning given such term in
section 209(k)(1).
``(6) Qualifying reason.--The term `qualifying reason'
means, with respect to any determination of whether an
individual is engaged in qualified caregiving under section
2202(c)(2)(A), any of the following:
``(A) A reason described in subparagraph (A) or (B) of
section 102(a)(1) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(a)(1)) (applied for purposes of this
paragraph as if the individual involved were the employee
referred to in such section).
``(B)(i) In order to care for a qualified family member of
the individual, if such qualified family member has a serious
health condition.
``(ii) For purposes of clause (i)--
``(I) the term `qualified family member' means, with
respect to an individual--
``(aa) a spouse (including a domestic partner in a civil
union or other registered domestic partnership recognized by
a State) and a spouse's parent;
``(bb) a child and a child's spouse;
``(cc) a parent and a parent's spouse;
``(dd) a sibling and a sibling's spouse;
``(ee) a grandparent, a grandchild, or a spouse of a
grandparent or grandchild; and
``(ff) any other individual who is related by blood or
affinity and whose association with the individual involved
is equivalent of a family relationship; and
``(II) the term `serious health condition' has the meaning
given such term in section 101(11) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611(11)) .
``(C) Because of a serious health condition (as defined in
subparagraph (B)(ii)(II)) that makes the individual unable to
satisfy the requirements needed to continue receiving (or in
the case of an individual no longer employed, to resume
receiving) the wages or self-employment income described in
section 2202(a)(3).
``(7) Reasonable documentation.--The term `reasonable
documentation' means the information that is required to be
stated under subsection (b) of section 103 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2613).
``(8) Self-employment income.--The term `self-employment
income' has the meaning given the term in section 1402(b) of
the Internal Revenue Code of 1986 for purposes of the taxes
imposed by section 1401(b) of such Code. For purposes of
section 2202(a) and 2203(b)(3), the Commissioner shall
determine rules for the crediting of self-employment income
to calendar quarters, under which--
``(A) in the case of a taxable year which is a calendar
year, self-employment income shall be credited equally to
each quarter of such calendar year; and
``(B) in the case of any other taxable year, such income
shall be credited equally to the calendar quarter in which
such taxable year ends and to each of the next three or fewer
preceding quarters any part of which is in such taxable year.
``(9) State.--The term `State' means any State of the
United States or the District of Columbia or any territory or
possession of the United States.
``(10) Wages.--The term `wages' has the meaning given such
term in section 3121(a) of the Internal Revenue Code of 1986
for purposes of the taxes imposed by sections 3101(b) and
3111(b) of such Code (without regard to section 3121(u)(2)(C)
of such Code), except that such term also includes--
``(A) compensation, as defined in section 3231(e) of such
Code for purposes of the Railroad Retirement Tax Act; and
``(B) unemployment compensation, as defined in section
85(b) of such Code.
``(11) Week.--The term `week' means a 7-day period
beginning on a Sunday.''.
SEC. 130002. ACCESS TO WAGE INFORMATION FROM THE NATIONAL
DIRECTORY OF NEW HIRES FOR THE PURPOSE OF
ADMINISTERING COMPREHENSIVE PAID LEAVE.
Section 453(j) of the Social Security Act (42 U.S.C.
653(j)) is amended by adding at the end the following:
``(12) Information comparisons and disclosure to assist in
administration of title xxii.--
``(A) Furnishing of information by the commissioner of
social security.--The Commissioner of Social Security shall
furnish to the Secretary, on such periodic basis as
determined by the Commissioner of Social Security in
consultation with the Secretary, information in the custody
of the Commissioner of Social Security for comparison with
information in the National
[[Page H6483]]
Directory of New Hires, in order to obtain information in
such Directory with respect to individuals for purposes of
administering title XXII.
``(B) Requirement to seek minimum information.--The
Commissioner of Social Security shall seek information
pursuant to this section only to the extent necessary to
administer title XXII.
``(C) Duties of the secretary.--
``(i) Information disclosure.--The Secretary, in
cooperation with the Commissioner of Social Security, shall
compare information in the National Directory of New Hires
with information provided by the Commissioner of Social
Security with respect to individuals described in
subparagraph (A), and shall disclose information in such
Directory regarding such individuals to the Commissioner of
Social Security, in accordance with this paragraph, for the
purposes specified in this paragraph.
``(ii) Condition on disclosure.--The Secretary shall make
disclosures in accordance with clause (i) only to the extent
that the Secretary determines that such disclosures do not
interfere with the effective operation of the program under
this part.
``(D) Use of information by the commissioner of social
security.--The Commissioner of Social Security may use
information provided under this paragraph only for purposes
of administering title XXII, and shall maintain such
information in the records of the Commissioner of Social
Security for such time as the Commissioner of Social Security
deems necessary for the administration of such title.
``(E) Disclosure of information by the commissioner of
social security.--
``(i) Purpose of disclosure.--The Commissioner of Social
Security may make a disclosure under this subparagraph only
for purposes of verifying the employment and income of
individuals described in subparagraph (A).
``(ii) Conditions on disclosure.--Disclosures under this
subparagraph shall be--
``(I) made in accordance with data security and control
policies established by the Commissioner of Social Security
and approved by the Secretary;
``(II) subject to audit in a manner satisfactory to the
Secretary; and
``(III) subject to the sanctions under subsection (l)(2).
``(iii) Restrictions on redisclosure.--A person or entity
to which information is disclosed under this subparagraph may
use or disclose such information only as needed for verifying
the employment and income of individuals described in
subparagraph (A), subject to the conditions in clause (ii)
and such additional conditions as agreed to by the Secretary
and the Commissioner of Social Security.
``(F) Reimbursement of hhs costs.--. The Commissioner of
Social Security shall reimburse the Secretary, in accordance
with subsection (k)(3), for the costs incurred by the
Secretary in furnishing the information requested under this
paragraph.''.
SEC. 130003. ACCESS TO SELF-EMPLOYMENT INCOME INFORMATION FOR
PAID LEAVE ADMINISTRATION.
(a) In General.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(23) Disclosure of certain return information to carry
out paid family and medical leave benefit program.--
``(A) In general.--The Secretary shall, upon written
request, disclose to officers and employees of the Social
Security Administration return information with respect to a
taxpayer whose self-employment income is relevant in
determining entitlement to, or the correct amount of, a paid
family and medical leave benefit under title XXII of the
Social Security Act. Such information shall be limited to--
``(i) the taxpayer identity information with respect to the
taxpayer,
``(ii) the self-employment income of the taxpayer,
``(iii) the taxable year to which such self-employment
income relates, and
``(iv) if applicable, the fact that any of the preceding
information is unavailable.
``(B) Restriction on disclosure.--Return information
disclosed under subparagraph (A) may be used by officers and
employees of the Social Security Administration solely for
the purpose of administering the paid family and medical
leave benefit program under title XXII of the Social Security
Act.
``(C) Self-employment income.--For purposes of this
paragraph, the term `self-employment income' has the meaning
given such term in section 1402(b) for purposes of the taxes
imposed by section 1401(b).''.
(b) Application of Safeguards.--Section 6103(p)(4) of such
Code is amended by striking ``or (22)'' in the matter
preceding subparagraph (A) and in subparagraph (F)(ii) and
inserting ``(22), or (23)''.
SEC. 130004. CERTAIN COMPREHENSIVE PAID LEAVE BENEFITS
EXCLUDED FROM GROSS INCOME.
(a) In General.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by inserting
after section 139I the following new section:
``SEC. 139J. CERTAIN COMPREHENSIVE PAID LEAVE BENEFITS.
``In the case of an individual, gross income shall not
include any amount received by the taxpayer by reason of
entitlement to a comprehensive paid leave benefit under
section 2202(a) of the Social Security Act.''.
(b) Clerical Amendment.--The table of sections for part III
of subchapter B of chapter 1 of such Code is amended by
inserting after the item relating to section 139I the
following new item:
``Sec. 139J. Certain comprehensive paid leave benefits.''.
Subtitle B--Miscellaneous Health Items
SEC. 132000. REGISTERED PROFESSIONAL NURSES.
(a) Medicare.--Section 1819(b)(4)(C)(i) of the Social
Security Act (42 U.S.C. 1395i-3(b)(4)(C)(i)) is amended by
striking ``registered professional nurse'' and all that
follows through the period at the end and inserting the
following: ``registered professional nurse, with respect to
such services furnished--
``(I) before October 1, 2024, at least 8 consecutive hours
a day, 7 days a week; and
``(II) on or after such date, 24 hours a day, 7 days a
week.''.
(b) Medicaid.--Section 1919(b)(4)(C)(i)(II) of the Social
Security Act (42 U.S.C. 1396r(b)(4)(C)(i)(II)) is amended by
striking ``registered professional nurse'' and all that
follows through the period at the end and inserting the
following: ``registered professional nurse, with respect to
such services furnished--
``(aa) before October 1, 2024, at least 8 consecutive hours
a day, 7 days a week; and
``(bb) on or after such date, 24 hours a day, 7 days a
week.''.
SEC. 132001. PERMANENT EXTENSION OF THE INDEPENDENCE AT HOME
MEDICAL PRACTICE DEMONSTRATION PROGRAM.
Section 1866E of the Social Security Act (42 U.S.C. 1395cc-
5) is amended by adding at the end the following new
subsection:
``(j) Permanent Demonstration Program.--
``(1) In general.--Notwithstanding subsection (e)(1) and
subject to paragraph (2), beginning on the date of enactment
of this subsection, the Secretary shall conduct the
demonstration program on a permanent basis.
``(2) Adjustments.--In conducting the demonstration program
on a permanent basis pursuant to paragraph (1), the preceding
provisions of this section shall apply except that, beginning
on the date of enactment of this subsection, the following
shall apply:
``(A) Notwithstanding paragraphs (1) and (5) of subsection
(e)--
``(i) there shall be no limit on the number of qualified
independence at home medical practices or applicable
beneficiaries that may participate in the demonstration
program; and
``(ii) participation of qualified independence at home
medical practices in the demonstration program shall not be
limited to practices that were selected to participate prior
to the date of enactment of this subsection.
``(B) In applying subsection (c), any applicable
beneficiary that participates in the demonstration program,
including by reason of the elimination under subparagraph (A)
of the limit on the number of applicable beneficiaries who
may participate, shall be taken into account in establishing
any--
``(i) estimated annual spending target under subsection
(c)(1); and
``(ii) incentive payment under subsection (c)(2).
``(3) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$60,000,000, to remain available until September 30, 2031,
for purposes of administering and carrying out the
demonstration program, other than for payments for items and
services furnished under this title and incentive payments
under subsection (c).''.
Subtitle C--Trade Adjustment Assistance
SEC. 133001. SHORT TITLE.
This subtitle may be cited as the ``Trade Adjustment
Assistance Modernization Act of 2021''.
SEC. 133002. APPLICATION OF PROVISIONS RELATING TO TRADE
ADJUSTMENT ASSISTANCE.
(a) Effective Date; Applicability.--Except as otherwise
provided in this subtitle, the provisions of chapters 2
through 6 of title II of the Trade Act of 1974, as in effect
on June 30, 2021, and as amended by this subtitle, shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to petitions for certification filed
under chapter 2, 3, 4, or 6 of title II of the Trade Act of
1974 on or after such date of enactment.
(b) Reference.--Except as otherwise provided in this
subtitle, whenever in this subtitle an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
provision of chapters 2 through 6 of title II of the Trade
Act of 1974, the reference shall be considered to be made to
a provision of any such chapter, as in effect on June 30,
2021.
(c) Repeal of Snapback.--Section 406 of the Trade
Adjustment Assistance Reauthorization Act of 2015 (Public Law
114-27; 129 Stat. 379) is repealed.
PART 1--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
SEC. 133101. FILING PETITIONS.
Section 221(a)(1) of the Trade Act of 1974 (19 U.S.C.
2271(a)(1)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) One or more workers in the group of workers.''; and
(2) in subparagraph (C), by striking ``or a State
dislocated worker unit'' and inserting ``a State dislocated
worker unit, or workforce intermediaries, including labor-
management organizations that carry out re-employment and
training services''.
SEC. 133102. GROUP ELIGIBILITY REQUIREMENTS.
(a) In General.--Section 222(a)(2) of the Trade Act of 1974
(19 U.S.C. 2272(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``, failed to increase, or
will decrease absolutely due to a scheduled or imminently
anticipated, long-term decrease in or reallocation of the
production capacity of the firm'' after ``absolutely''; and
[[Page H6484]]
(B) in clause (iii)--
(i) by striking ``to the decline'' and inserting ``to any
decline or absence of increase''; and
(ii) by striking ``or'' at the end;
(2) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following:
``(C)(i) the sales or production, or both, of such firm
have decreased;
``(ii)(I) exports of articles produced or services supplied
by such workers' firm have decreased; or
``(II) imports of articles or services necessary for the
production of articles or services supplied by such firm have
decreased; and
``(iii) the decrease in exports or imports described in
clause (ii) contributed to such workers' separation or threat
of separation and to the decline in the sales or production
of such firm.''.
(b) Repeal.--Section 222 of the Trade Act of 1974 (19
U.S.C. 2272) is amended--
(1) in subsections (a) and (b), by striking ``importantly''
each place it appears; and
(2) in subsection (c)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
(c) Eligibility of Staffed Workers and Teleworkers.--
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as
amended by subsection (b), is further amended by adding at
the end the following:
``(f) Treatment of Staffed Workers and Teleworkers.--
``(1) In general.--For purposes of subsection (a), workers
in a firm include staffed workers and teleworkers.
``(2) Definitions.--In this subsection:
``(A) Staffed worker.--The term `staffed worker' means a
worker who performs work under the operational control of a
firm that is the subject of a petition filed under section
221, even if the worker is directly employed by another firm.
``(B) Teleworker.--The term `teleworker' means a worker who
works remotely but who reports to the location listed for a
firm in a petition filed under section 221.''.
SEC. 133103. APPLICATION OF DETERMINATIONS OF ELIGIBILITY TO
WORKERS EMPLOYED BY SUCCESSORS-IN-INTEREST.
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is
amended by adding at the end the following:
``(f) Treatment of Workers of Successors-in-Interest.--If
the Secretary certifies a group of workers of a firm as
eligible to apply for adjustment assistance under this
chapter, a worker of a successor-in-interest to that firm
shall be covered by the certification to the same extent as a
worker of that firm.''.
SEC. 133104. PROVISION OF BENEFIT INFORMATION TO WORKERS.
Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is
amended--
(1) in subsection (a), by inserting after the second
sentence the following new sentence: ``The Secretary shall
make every effort to provide such information and assistance
to workers in their native language.''; and
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following:
``(2) The Secretary shall provide a second notice to a
worker described in paragraph (1) before the worker has
exhausted all rights to any unemployment insurance to which
the worker is entitled (other than additional compensation
described in section 231(a)(3)(B) funded by a State and not
reimbursed from Federal funds).'';
(C) in paragraph (3), as redesignated by paragraph (1), by
striking ``newspapers of general circulation'' and inserting
``appropriate print or digital outlets''; and
(D) by adding at the end the following:
``(4) For purposes of providing sustained outreach
regarding the benefits available under this chapter to
workers covered by a certification made under this
subchapter, the Secretary may take any necessary actions,
including the following:
``(A) Collecting the email addresses and telephone numbers
of such workers from the employers of such workers to provide
sustained outreach to such workers.
``(B) Partnering with the certified or recognized union, a
community-based worker organization, or other duly authorized
representatives of such workers.
``(C) Hiring peer support workers to perform sustained
outreach to other workers covered by that certification.
``(D) Using advertising methods and public information
campaigns, including social media, in addition to notice
published in print or digital outlets under paragraph (3).''.
SEC. 133105. QUALIFYING REQUIREMENTS FOR WORKERS.
(a) In General.--Section 231(a) of the Trade Act of 1974
(19 U.S.C. 2291(a)) is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively; and
(3) in paragraph (4) (as redesignated), by striking
``paragraphs (1) and (2)'' each place it appears and
inserting ``paragraph (1)''.
(b) Conforming Amendments.--(1) Section 232 of the Trade
Act of 1974 (19 U.S.C. 2292) is amended by striking ``section
231(a)(3)(B)'' each place it appears and inserting ``section
231(a)(2)(B)''.
(2) Section 233(a) of the Trade Act of 1974 (19 U.S.C.
2293(a)) is amended--
(A) in paragraph (1), by striking ``section 231(a)(3)(A)''
and inserting ``section 231(a)(2)(A)''; and
(B) in paragraph (2)--
(i) by striking ``adversely affected employment'' and all
that follows through ``(A) within'' and inserting ``adversely
affected employment within'';
(ii) by striking ``, and'' and inserting a period; and
(iii) by striking subparagraph (B).
SEC. 133106. MODIFICATION TO TRADE READJUSTMENT ALLOWANCES.
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting after ``104-week
period'' the following: ``(or, in the case of an adversely
affected worker who requires a program of prerequisite
education or remedial education (as described in section
236(a)(5)(D)) in order to complete training approved for the
worker under section 236, the 130-week period)'';
(B) in paragraph (3), by striking ``65 additional weeks in
the 78-week period'' and inserting ``78 additional weeks in
the 91-week period''; and
(C) in the flush text, by striking ``78-week period'' and
inserting ``91-week period'';
(2) by striking subsection (d); and
(3) by amending subsection (f) to read as follows:
``(f) Payment of Trade Readjustment Allowances to Complete
Training.--Notwithstanding any other provision of this
section, in order to assist an adversely affected worker to
complete training approved for the worker under section 236
that includes a program of prerequisite education or remedial
education (as described in section 236(a)(5)(D)), and in
accordance with regulations prescribed by the Secretary,
payments may be made as trade readjustment allowances for up
to 26 additional weeks in the 26-week period that follows the
last week of entitlement to trade readjustment allowances
otherwise payable under this chapter.''.
SEC. 133107. AUTOMATIC EXTENSION OF TRADE READJUSTMENT
ALLOWANCES.
(a) In General.--Part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974 (19 U.S.C. 2291-2294) is
amended by inserting after section 233 the following new
section:
``SEC. 233A. AUTOMATIC EXTENSION OF TRADE READJUSTMENT
ALLOWANCES.
``(a) In General.--Notwithstanding the limitations under
section 233(a), the Secretary shall extend the period during
which trade readjustment allowances are payable to an
adversely affected worker who completes training approved
under section 236 by the Secretary during a period of
heightened unemployment with respect to the State in which
such worker seeks benefits, for the shorter of--
``(1) the 26-week period beginning on the date of
completion of such training; or
``(2) the period ending on the date on which the adversely
affected worker secures employment.
``(b) Job Search Required.--A worker shall only be eligible
for an extension under subsection (a) if the worker is
complying with the job search requirements associated with
unemployment insurance in the applicable State.
``(c) Period of Heightened Unemployment Defined.--In this
section, the term `period of heightened unemployment' with
respect to a State means a 90-day period during which, in the
determination of the Secretary, either of the following
average rates equals or exceeds 5.5 percent:
``(1) The average rate of total unemployment in such State
(seasonally adjusted) for the period consisting of the most
recent 3-month period for which data for all States are
published before the close of such period.
``(2) The average rate of total unemployment in all States
(seasonally adjusted) for the period consisting of the most
recent 3-month period for which data for all States are
published before the close of such period.''.
(b) Clerical Amendment.--The table of contents for the
Trade Act of 1974 is amended by inserting after the item
relating to section 233 the following:
``Sec. 233A. Automatic extension of trade readjustment allowances.''.
SEC. 133108. EMPLOYMENT AND CASE MANAGEMENT SERVICES.
Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is
amended--
(1) in paragraph (3)--
(A) by inserting after ``regional areas'' the following:
``(including information about registered apprenticeship
programs, on-the-job training opportunities, and other work-
based learning opportunities)''; and
(B) by inserting after ``suitable training'' the following:
``, information regarding the track record of a training
provider's ability to successfully place participants into
suitable employment'';
(2) by redesignating paragraph (8) as paragraph (10); and
(3) by inserting after paragraph (7) the following:
``(8) Information related to direct job placement,
including facilitating the extent to which employers within
the community commit to employing workers who would benefit
from the employment and case management services under this
section.
``(9) Sustained outreach to groups of workers likely to be
certified as eligible for adjustment assistance under this
chapter and members of certified worker groups who have not
yet applied for or been enrolled in benefits or services
under this chapter, especially such groups and members from
underserved communities.''.
SEC. 133109. TRAINING.
Section 236 of the Trade Act of 1974 (19 U.S.C. 2296(a)) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(D), by inserting ``, with a
demonstrated ability to place participants into employment''
before the comma at the end;
(B) in paragraph (3), by adding at the end before the
period the following: ``, except that
[[Page H6485]]
every effort shall be made to ensure that employment
opportunities are available upon the completion of
training''; and
(C) in paragraph (5)--
(i) in subparagraph (G), by striking ``, and'' and
inserting a comma;
(ii) in subparagraph (H)(ii), by striking the period at the
end and inserting ``, and''; and
(iii) by adding at the end before the flush text the
following:
``(I) pre-apprenticeship training.''; and
(2) by adding at the end the following:
``(h) Reimbursement for Out-of-pocket Training Expenses.--
If the Secretary approves training for a worker under
paragraph (1) of subsection (a), the Secretary may reimburse
the worker for out-of-pocket expenses relating to training
program described in paragraph (5) of that subsection that
were incurred by the worker on and after the date of the
worker's total or partial separation and before the date on
which the certification of eligibility under section 222 that
covers the worker is issued.''.
SEC. 133110. JOB SEARCH, RELOCATION, AND CHILD CARE
ALLOWANCES.
(a) Job Search Allowances.--Section 237 of the Trade Act of
1974 (19 U.S.C. 2297) is amended--
(1) in subsection (a)(1), by striking ``may use funds made
available to the State to carry out sections 235 through
238'' and inserting ``shall use, from funds made available to
the State to carry out sections 235 through 238A, such
amounts as may be necessary'';
(2) in subsection (a)(2), in the matter preceding
subparagraph (A), by striking ``may grant'' and inserting
``shall grant''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``not more than 90
percent'' and inserting ``100 percent'';
(B) in paragraph (2), by striking ``$1,250'' and inserting
``$2,000 (subject to adjustment under paragraph (4))''; and
(C) by adding at the end the following;
``(4) Adjustment of maximum allowance limitation for
inflation.--
``(A) In general.--The Secretary of Labor shall adjust the
maximum allowance limitation under paragraph (2) on the date
that is 30 days after the date of the enactment of this
paragraph, and at the beginning of each fiscal year
thereafter, to reflect the percentage (if any) of the
increase in the average of the Consumer Price Index for the
preceding 12-month period compared to the Consumer Price
Index for fiscal year 2020.
``(B) Special rules for calculation of adjustment.--In
making an adjustment under subparagraph (A), the Secretary--
``(i) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(ii) may ignore any such increase of less than 1 percent.
``(C) Consumer price index defined.--For purposes of this
paragraph, the term `Consumer Price Index' means the Consumer
Price Index for All Urban Consumers published by the Bureau
of Labor Statistics of the Department of Labor.''.
(b) Relocation Allowances.--Section 238 of the Trade Act of
1974 (19 U.S.C. 2298) is amended--
(1) in subsection (a)(1), by striking ``may use funds made
available to the State to carry out sections 235 through
238'' and inserting ``shall use, from funds made available to
the State to carry out sections 235 through 238A, such
amounts as may be necessary'';
(2) in subsection (a)(2), in the matter preceding
subparagraph (A), by striking ``may be granted'' and
inserting ``shall be granted'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``not more than 90
percent'' and inserting ``100 percent''; and
(B) in paragraph (2), by striking ``$1,250'' and inserting
``$2,000 (subject to adjustment under subsection (d))''; and
(4) by adding at the end the following:
``(d) Adjustment of Maximum Payment Limitation for
Inflation.--
``(1) In general.--The Secretary of Labor shall adjust the
maximum payment limitation under subsection (b)(2) on the
date that is 30 days after the date of the enactment of this
subsection, and at the beginning of each fiscal year
thereafter, to reflect the percentage (if any) of the
increase in the average of the Consumer Price Index for the
preceding 12-month period compared to the Consumer Price
Index for fiscal year 2020.
``(2) Special rules for calculation of adjustment.--In
making an adjustment under paragraph (1), the Secretary--
``(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(B) may ignore any such increase of less than 1 percent.
``(3) Consumer price index defined.--For purposes of this
subsection, the term `Consumer Price Index' means the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.''.
(c) Child Care Allowances.--
(1) In general.--Part II of subchapter B of chapter 2 of
title II of the Trade Act of 1974 (19 U.S.C. 2295-2298) is
amended by adding at the end the following:
``SEC. 238A. CHILD CARE ALLOWANCES.
``(a) Child Care Allowances Authorized.--
``(1) In general.--Each State shall use, from funds made
available to the State to carry out sections 235 through
238A, such amounts as may be necessary to allow an adversely
affected worker covered by a certification issued under
subchapter A of this chapter to file an application for a
child care allowance with the Secretary, and the Secretary
may grant the child care allowance, subject to the terms and
conditions of this section.
``(2) Conditions for granting allowance.--A child care
allowance shall be granted if the allowance will assist an
adversely affected worker to attend training or seek suitable
employment, by providing for the care of one or more of the
minor dependents of the worker.
``(b) Amount of Allowance.--Any child care allowance
granted to a worker under subsection (a) shall not exceed
$2,000 per minor dependent per year.
``(c) Adjustment of Maximum Allowance Limitation for
Inflation.--
``(1) In general.--The Secretary of Labor shall adjust the
maximum allowance limitation under subsection (b) on the date
that is 30 days after the date of the enactment of this
subsection, and at the beginning of each fiscal year
thereafter, to reflect the percentage (if any) of the
increase in the average of the Consumer Price Index for the
preceding 12-month period compared to the Consumer Price
Index for fiscal year 2020.
``(2) Special rules for calculation of adjustment.--In
making an adjustment under paragraph (1), the Secretary--
``(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(B) may ignore any such increase of less than 1 percent.
``(3) Consumer price index defined.--For purposes of this
subsection, the term `Consumer Price Index' means the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.''.
(2) Conforming amendments.--
(A) Limitations on administrative expenses and employment
and case management services.--Section 235A of the Trade Act
of 1974 (19 U.S.C. 2295a) is amended in the matter preceding
paragraph (1) by striking ``through 238'' and inserting
``through 238A''.
(B) Training.--Section 236(a)(2) of the Trade Act of 1974
(19 U.S.C. 2296(a)(2)) is amended--
(i) in subparagraph (A), by striking ``and 238'' and
inserting ``238, and 238A'';
(ii) in subparagraph (B), by striking ``and 238'' each
place it appears and inserting ``238, and 238A'';
(iii) in subparagraph (C)(i), by striking ``and 238'' and
inserting ``238, and 238A'';
(iv) in subparagraph (C)(v), by striking ``and 238'' and
inserting ``238, and 238A''; and
(v) in subparagraph (E), by striking ``and 238'' each place
it appears and inserting ``238, and 238A''.
(3) Clerical amendment.--The table of contents for the
Trade Act of 1974 is amended by adding after the item
relating to section 238 the following new item:
``Sec. 238A. Child care allowances.''.
SEC. 133111. AGREEMENTS WITH STATES.
(a) Coordination.--Section 239(f) of the Trade Act of 1974
(19 U.S.C. 2311(f)) is amended--
(1) by striking ``(f) Any agreement'' and inserting the
following:
``(f)(1) Any agreement''; and
(2) by adding at the end the following:
``(2) In arranging for training programs to be carried out
under this chapter, each cooperating State agency shall,
among other factors, take into account and measure the
progress of the extent to which such programs--
``(A) achieve a satisfactory rate of completion and
placement in jobs that provide a living wage and that
increase economic security;
``(B) assist workers in developing the skills, networks,
and experiences necessary to advance along a career path;
``(C) assist workers from underserved communities to
establish a work history, demonstrate success in the
workplace, and develop the skills that lead to entry into and
retention in unsubsidized employment; and
``(D) adequately serve individuals who face the greatest
barriers to employment, including people with low incomes,
people of color, immigrants, persons with disabilities, and
formerly incarcerated individuals.
``(3) Each cooperating State agency shall facilitate joint
cooperation between training programs, representatives of
workers, employers, and communities, especially in
underserved rural and urban regions, to ensure a fair and
engaging workplace that balances the priorities and well-
being of workers with the needs of businesses.
``(4) Each cooperating State agency shall seek, including
through agreements and training programs described in this
subsection, to ensure the reemployment of adversely affected
workers upon completion of training as described in section
236.''.
(b) Administration.--Section 239(g) of the Trade Act of
1974 (19 U.S.C. 2311(g)) is amended--
(1) by redesignating--
(A) paragraphs (1) through (4) as paragraphs (3) through
(6), respectively; and
(B) paragraph (5) as paragraph (8);
(2) by inserting before paragraph (3) (as redesignated) the
following:
``(1) review each layoff of more than 5 workers in a firm
to determine whether trade played a role in the layoff and
whether workers in such firm are potentially eligible to
receive benefits under this chapter,
``(2) perform sustained outreach to firms to facilitate and
assist with filing petitions under section 221 and collecting
necessary supporting information,'';
(3) in paragraph (3) (as redesignated), by striking ``who
applies for unemployment insurance of'' and inserting
``identified under paragraph (1) of unemployment insurance
benefits and'';
(4) in paragraph (4) (as redesignated), by inserting ``and
assist with'' after ``facilitate'';
[[Page H6486]]
(5) in paragraph (6) (as redesignated), by striking ``and''
at the end;
(6) by inserting after paragraph (6) (as redesignated) the
following:
``(7) perform sustained outreach to workers from
underserved communities and to firms that employ a majority
or a substantial percentage of workers from underserved
communities and develop a plan, in consultation with the
Secretary, for addressing common barriers to receiving
services that such workers have faced,'';
(7) in paragraph (8) (as redesignated), by striking ``funds
provided to carry out this chapter are insufficient to make
such services available, make arrangements to make such
services available through other Federal programs'' and
inserting ``support services are needed beyond what this
chapter can provide, make arrangements to coordinate such
services available through other Federal programs'' ; and
(8) by adding at the end the following:
``(9) develop a strategy to engage with local workforce
development institutions, including local community colleges
and other educational institutions, and
``(10) develop a comprehensive strategy to provide agency
staffing to support the requirements of paragraphs (1)
through (9).''.
(c) Staffing.--Section 239 of the Trade Act of 1974 (19
U.S.C. 2311) is amended by striking subsection (k) and
inserting the following:
``(k) Staffing.--An agreement entered into under this
section shall provide that the cooperating State or
cooperating State agency shall require that any individual
engaged in functions (other than functions that are not
inherently governmental) to carry out the trade adjustment
assistance program under this chapter shall be a State
employee covered by a merit system of personnel
administration.''.
SEC. 133112. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE
PROGRAM.
Section 246(a) of the Trade Act of 1974 (19 U.S.C. 2318(a))
is amended--
(1) in paragraph (3)(B)(ii), by striking ``$50,000'' and
inserting ``$70,000 (subject to adjustment under paragraph
(8))'';
(2) in paragraph (5)(B)(i), by striking ``$10,000'' and
inserting ``$20,000 (subject to adjustment under paragraph
(8))''; and
(3) by adding at the end the following:
``(8) Adjustment of salary limitation and total amount of
payments for inflation.--
``(A) In general.--The Secretary of Labor shall adjust the
salary limitation under paragraph (3)(B)(ii) and the amount
under paragraph (5)(B)(i) on the date that is 30 days after
the date of the enactment of this paragraph, and at the
beginning of each fiscal year thereafter, to reflect the
percentage (if any) of the increase in the average of the
Consumer Price Index for the preceding 12-month period
compared to the Consumer Price Index for fiscal year 2020.
``(B) Special rules for calculation of adjustment.--In
making an adjustment under subparagraph (A), the Secretary--
``(i) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(ii) may ignore any such increase of less than 1 percent.
``(C) Consumer price index defined.--For purposes of this
paragraph, the term `Consumer Price Index' means the Consumer
Price Index for All Urban Consumers published by the Bureau
of Labor Statistics of the Department of Labor.''.
SEC. 133113. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO
PUBLIC AGENCY WORKERS.
(a) Definitions.--Section 247 of the Trade Act of 1974 (19
U.S.C. 2319) is amended--
(1) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by striking
``The'' and inserting ``Subject to section 222(d)(5), the'';
and
(B) in subparagraph (A), by striking ``or service sector
firm'' and inserting ``, service sector firm, or public
agency''; and
(2) by adding at the end the following:
``(20) The term `public agency' means a department or
agency of a State or local government or of the Federal
Government.''.
(b) Group Eligibility Requirements.--Section 222 of the
Trade Act of 1974 (19 U.S.C. 2272), as amended by subsections
(b) and (c) of section 133102, is further amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Adversely Affected Workers in Public Agencies.--A
group of workers in a public agency shall be certified by the
Secretary as eligible to apply for adjustment assistance
under this chapter pursuant to a petition filed under section
221 if the Secretary determines that--
``(1) a significant number or proportion of the workers in
the public agency have become totally or partially separated,
or are threatened to become totally or partially separated;
``(2) the public agency has acquired from a foreign country
services like or directly competitive with services which are
supplied by such agency; and
``(3) the acquisition of services described in paragraph
(2) contributed to such workers' separation or threat of
separation.'';
(3) in subsection (d) (as redesignated), by adding at the
end the following:
``(5) Reference to firm.--For purposes of subsections (a)
and (b), the term `firm' does not include a public agency.'';
and
(4) in paragraph (2) of subsection (e) (as redesignated),
by striking ``subsection (a) or (b)'' and inserting
``subsection (a), (b), or (c)''.
SEC. 133114. DEFINITIONS.
(a) Extension of Adjustment Assistance for Workers to
Territories.--Section 247(7) of the Trade Act of 1974 (19
U.S.C. 2319(7)) is amended--
(1) by inserting ``, Guam, the Virgin Islands of the United
States, American Samoa, the Commonwealth of the Northern
Mariana Islands,'' after ``District of Columbia''; and
(2) by striking ``such Commonwealth.'' and inserting ``such
territories.''.
(b) Underserved Community.--Section 247 of the Trade Act of
1974 (19 U.S.C. 2319), as amended by section 133113(a), is
further amended by adding at the end the following:
``(21) The term `underserved community' means a community
with populations sharing a particular characteristic that
have been systematically denied a full opportunity to
participate in aspects of economic, social, or civic life,
such as Black, Latino, and Indigenous and Native American
persons, Asian Americans and Pacific Islanders, other persons
of color, members of other minority communities, persons with
disabilities, persons who live in rural areas, and other
populations otherwise adversely affected by persistent
poverty or inequality.''.
SEC. 133115. REQUIREMENTS FOR CERTAIN TERRITORIES.
Section 248 of the Trade Act of 1974 (19 U.S.C. 2320) is
amended by adding at the end the following:
``(c) Requirements for Certain Territories.--The Secretary
shall establish such requirements as may be necessary and
appropriate to modify the requirements of this chapter,
including requirements relating to eligibility for trade
readjustment allowances, to address the particular
circumstances of Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands in implementing and carrying
out this chapter.''.
SEC. 133116. SUBPOENA POWER.
Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is
amended--
(1) in subsection (a), by adding at the end the following:
``The authority under the preceding sentence includes the
authority of States to require, by subpoena, a firm to
provide information on workers employed by, or totally or
partially separated from, the firm that is necessary to make
a determination under this chapter or to provide outreach to
workers, including the names and address of workers.''; and
(2) by adding at the end the following:
``(c) Enforcement of Subpoenas by States.--A State may
enforce compliance with a subpoena issued under subsection
(a)--
``(1) as provided for under State law; and
``(2) by petitioning an appropriate United States district
court for an order requiring compliance with the subpoena.''.
PART 2--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
SEC. 133201. PETITIONS AND DETERMINATIONS.
Section 251 of the Trade Act of 1974 (19 U.S.C. 2341) is
amended--
(1) in the second sentence of subsection (a), by striking
``Upon'' and inserting ``Not later than 15 days after'';
(2) by amending subsection (c) to read as follows:
``(c)(1) The Secretary shall certify a firm (including any
agricultural firm or service sector firm) as eligible to
apply for adjustment assistance under this chapter if the
Secretary determines--
``(A)(i) that a significant number or proportion of the
workers in such firm have become totally or partially
separated, or are threatened to become totally or partially
separated, or
``(ii) that--
``(I) sales or production, or both, of the firm have
decreased absolutely or failed to increase,
``(II) sales or production, or both, of an article or
service that accounted for not less than 25 percent of the
total sales or production of the firm during the 12-month
period preceding the most recent 12-month period for which
data are available have decreased absolutely or failed to
increase,
``(III) sales or production, or both, of the firm during
the most recent 12-month period for which data are available
have decreased or failed to increase compared to--
``(aa) the average annual sales or production for the firm
during the 24-month period preceding that 12-month period, or
``(bb) the average annual sales or production for the firm
during the 36-month period preceding that 12-month period, or
``(IV) sales or production, or both, of an article or
service that accounted for not less than 25 percent of the
total sales or production of the firm during the most recent
12-month period for which data are available have decreased
or failed to increase compared to--
``(aa) the average annual sales or production for the
article or service during the 24-month period preceding that
12-month period, or
``(bb) the average annual sales or production for the
article or service during the 36-month period preceding that
12-month period, and
``(B)(i) increases of imports of articles or services like
or directly competitive with articles which are produced or
services which are supplied by such firm contributed to such
total or partial separation, or threat thereof, or to such
decline or failure to increase in sales or production, or
``(ii) decreases in exports of articles produced or
services supplied by such firm, or imports of articles or
services necessary for the production of articles or services
supplied by such firm, contributed to such total or partial
separation, or threat thereof, or to such decline in sales or
production.
``(2) For purposes of paragraph (1)(B):
``(A) Any firm which engages in exploration or drilling for
oil or natural gas shall be considered to be a firm producing
oil or natural gas.
``(B) Any firm that engages in exploration or drilling for
oil or natural gas, or otherwise produces oil or natural gas,
shall be considered to be producing articles directly
competitive with imports of oil and with imports of natural
gas.''; and
[[Page H6487]]
(3) in subsection (d)--
(A) by striking ``this section,'' and inserting ``this
section.''; and
(B) by striking ``but in any event'' and all that follows
and inserting the following: ``If the Secretary does not make
a determination with respect to a petition within 55 days
after the date on which an investigation is initiated under
subsection (a) with respect to the petition, the Secretary
shall be deemed to have certified the firm as eligible to
apply for adjustment assistance under this chapter.''.
SEC. 133202. APPROVAL OF ADJUSTMENT PROPOSALS.
Section 252 of the Trade Act of 1974 (19 U.S.C. 2342) is
amended--
(1) in the second sentence of subsection (a), by adding at
the end before the period the following: ``and an assessment
of the potential employment outcomes of such proposal'';
(2) in subsection (b)(1)(B), by striking ``gives adequate
consideration to'' and inserting ``is in'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c) Amount of Assistance.--
``(1) In general.--A firm may receive adjustment assistance
under this chapter with respect to the firm's economic
adjustment proposal in an amount not to exceed $300,000,
subject to adjustment under paragraph (2) and the matching
requirement under paragraph (3).
``(2) Adjustment of assistance limitation for inflation.--
``(A) In general.--The Secretary of Commerce shall adjust
the technical assistance limitation under paragraph (1) on
the date that is 30 days after the date of the enactment of
this paragraph, and at the beginning of each fiscal year
thereafter, to reflect the percentage (if any) of the
increase in the average of the Consumer Price Index for the
preceding 12-month period compared to the Consumer Price
Index for fiscal year 2020.
``(B) Special rules for calculation of adjustment.--In
making an adjustment under subparagraph (A), the Secretary--
``(i) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(ii) may ignore any such increase of less than 1 percent.
``(C) Consumer price index defined.--For purposes of this
paragraph, the term `Consumer Price Index' means the Consumer
Price Index for All Urban Consumers published by the Bureau
of Labor Statistics of the Department of Labor.
``(3) Matching requirement.--A firm may receive adjustment
assistance under this chapter only if the firm provides
matching funds in an amount equal to the amount of adjustment
assistance received under paragraph (1).''.
SEC. 133203. TECHNICAL ASSISTANCE.
Section 253(a)(3) of the Trade Act of 1974 (19 U.S.C.
2343(a)(3)) is amended by adding at the end before the period
the following: ``, including assistance to provide skills
training programs to employees of the firm''.
SEC. 133204. DEFINITIONS.
Section 259 of the Trade Act of 1974 (19 U.S.C. 2351) is
amended by adding at the end the following:
``(3) Underserved community.--The term `underserved
community' has the meaning given that term in section 247.''.
SEC. 133205. PLAN FOR SUSTAINED OUTREACH TO POTENTIALLY-
ELIGIBLE FIRMS.
(a) In General.--Chapter 3 of title II of the Trade Act of
1974 (19 U.S.C. 2341-2355) is amended by adding at the end
the following:
``SEC. 263. PLAN FOR SUSTAINED OUTREACH TO POTENTIALLY-
ELIGIBLE FIRMS.
``(a) In General.--The Secretary shall develop a plan to
provide sustained outreach to firms that may be eligible for
adjustment assistance under this chapter.
``(b) Matters to Be Included.--The plan required by
paragraph (1) shall include the following:
``(1) Outreach to the United States International Trade
Commission and to such firms in industries with increased
imports identified in the Commission's annual report
regarding the operation of the trade agreements program under
section 163(c).
``(2) Outreach to such firms in the service sector.
``(3) Outreach to such firms that are small businesses.
``(4) Outreach to such firms that are minority- or women-
owned firms.
``(5) Outreach to such firms that employ a majority or a
substantial percentage of workers from underserved
communities.
``(c) Updates.--The Secretary shall update the plan
required under this section on an annual basis.
``(d) Submission to Congress.--The Secretary shall submit
the plan and each update to the plan required under this
section to Congress.''.
(b) Clerical Amendment.--The table of contents for the
Trade Act of 1974 is amended by inserting after the item
relating to section 262 the following new item:
``Sec. 263. Plan for sustained outreach to potentially-eligible
firms.''.
PART 3--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES AND COMMUNITY
COLLEGES
SEC. 133301. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.
(a) In General.--Chapter 4 of title II of the Trade Act of
1974 (19 U.S.C. 2371-2372) is amended--
(1) by inserting after the chapter heading the following:
``Subchapter B--Trade Adjustment Assistance for Community Colleges and
Career Training''; and
(2) by redesignating sections 271 and 272 as sections 279
and 279A, respectively; and
(3) by inserting before subchapter B (as designated by
paragraph (1)) the following:
``Subchapter A--Trade Adjustment Assistance for Communities
``SEC. 271. DEFINITIONS.
``In this subchapter:
``(1) Agricultural commodity producer.--The term
`agricultural commodity producer' has the meaning given that
term in section 291.
``(2) Community.--The term `community' means--
``(A) a city or other political subdivision of a State,
including a special purpose unit of a State or local
government engaged in economic or infrastructure development
activities, or a consortium of political subdivisions;
``(B) an Economic Development District designated by the
Economic Development Administration of the Department of
Commerce; or
``(C) an Indian Tribe.
``(3) Eligible community.--The term `eligible community'
means a community that is impacted by trade under section
273(a)(2) and is determined to be eligible for assistance
under this subchapter.
``(4) Eligible entity.--The term `eligible entity' means--
``(A) an eligible community;
``(B) an institution of higher education or a consortium of
institutions of higher education; or
``(C) a public or private nonprofit organization or
association acting in cooperation with officials of a
political subdivision of a State.
``(5) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(6) Underserved community.--The term `underserved
community' has the meaning given that term in section 247.
``SEC. 272. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE FOR
COMMUNITIES PROGRAM.
``The Secretary, acting through the Assistant Secretary for
Economic Development, shall, not later than 180 days after
the date of enactment of this subchapter, establish a program
to provide communities impacted by trade with assistance in
accordance with the requirements of this subchapter.
``SEC. 273. ELIGIBILITY; NOTIFICATION OF ELIGIBILITY.
``(a) Eligibility.--
``(1) In general.--A community shall be eligible for
assistance under this subchapter if the community is a
community impacted by trade under paragraph (2).
``(2) Community impacted by trade.--A community is impacted
by trade if it meets each of the following requirements:
``(A) One or more of the following certifications are made
with respect to the community:
``(i) By the Secretary of Labor, that a group of workers
located in the community is eligible to apply for assistance
under section 223.
``(ii) By the Secretary of Commerce, that a firm located in
the community is eligible to apply for adjustment assistance
under section 251.
``(iii) By the Secretary of Agriculture, that a group of
agricultural commodity producers located in the community is
eligible to apply for adjustment assistance under section
293.
``(B) The community--
``(i) applies for assistance not later than 180 days after
the date on which the most recent certification described in
subparagraph (A) is made; or
``(ii) in the case of a community with respect to which one
or more such certifications were made on or after January 1,
1994, and before the date of the enactment of this
subchapter, applies for assistance not later than September
30, 2024.
``(C) The community--
``(i) has a per capita income of 80 percent or less of the
national average;
``(ii) has a history of economic distress and long-term
unemployment, as determined by the Secretary; or
``(iii) is significantly affected by a loss of, or threat
to, the jobs associated with any certification described in
subparagraph (A), or the community is undergoing transition
of its economic base as a result of changing trade patterns,
as determined by the Secretary.
``(b) Notification of Eligibility.--If one or more
certifications described in subsection (a)(2)(A) are made
with respect to a community, the applicable Secretary with
respect to such certification shall concurrently notify the
Governor of the State in which the community is located of
the ability of the community to apply for assistance under
this section.
``SEC. 274. GRANTS TO ELIGIBLE COMMUNITIES.
``(a) In General.--The Secretary may--
``(1) upon the application of an eligible community, award
a grant under this section to the community to assist in
developing or updating a strategic plan that meets the
requirements of section 275; or
``(2) upon the application of an eligible entity, award an
implementation grant under this section to the entity to
assist in implementing projects included in a strategic plan
that meets the requirements of section 275.
``(b) Special Provisions.--
``(1) Revolving loan fund grants.--
``(A) In general.--The Secretary shall maintain the proper
operation and financial integrity of revolving loan funds
established by eligible entities with assistance under this
section.
``(B) Efficient administration.--The Secretary may--
``(i) at the request of an eligible entity, amend and
consolidate grant agreements governing revolving loan funds
to provide flexibility with respect to lending areas and
borrower criteria; and
[[Page H6488]]
``(ii) assign or transfer assets of a revolving loan fund
to third party for the purpose of liquidation, and the third
party may retain assets of the fund to defray costs related
to liquidation.
``(C) Treatment of actions.--An action taken by the
Secretary under this subsection with respect to a revolving
loan fund shall not constitute a new obligation if all grant
funds associated with the original grant award have been
disbursed to the recipient.
``(2) Use of funds in projects constructed under project
cost.--
``(A) In general.--In the case of a grant for a
construction project under this section, if the Secretary
determines, before closeout of the project, that the cost of
the project, based on the designs and specifications that
were the basis of the grant, has decreased because of
decreases in costs, the Secretary may approve the use of the
excess funds (or a portion of the excess funds) to improve
the project.
``(B) Other uses of excess funds.--Any amount of excess
funds remaining after application of subparagraph (A) may be
used by the Secretary for providing assistance under this
section.
``(c) Coordination.--If an eligible institution (as such
term is defined in section 279) located in an eligible
community is seeking a grant under section 279 at the same
time the community is seeking an implementation grant under
subsection (a)--
``(1) the Secretary, upon receipt of such information from
the Secretary of Labor as required under section 279(e),
shall notify the community that the institution is seeking a
grant under section 279; and
``(2) the community shall provide to the Secretary, in
coordination with the institution, a description of how the
community will integrate projects included in the strategic
plan with the specific project for which the institution
submits the grant proposal under section 279.
``(d) Limitation.--The total amount of grants awarded with
respect to an eligible community under this section for
fiscal years 2022 through 2025 may not exceed $25,000,000.
``(e) Priority.--The Secretary shall, in awarding grants
under this section, provide higher levels of funding with
respect to eligible communities that have a history of
economic distress and long-term unemployment, as determined
by the Secretary.
``(f) Geographic Diversity.--
``(1) In general.--The Secretary shall, in awarding grants
under this section, ensure that grants are awarded with
respect to eligible communities from geographically diverse
areas.
``(2) Geographic region requirement.--The Secretary shall,
in meeting the requirement under paragraph (1), award a grant
under this section for each of the fiscal years 2022 through
2025 to at least one eligible community located in each
geographic region for which regional offices of the Economic
Development Administration of the Department of Commerce are
responsible, to the extent that the Secretary receives an
application from at least one eligible community in each such
geographic region.
``(g) Technical Assistance.--The Secretary shall provide
technical assistance for communities--
``(1) to identify significant impediments to economic
development that result from the impact of trade on the
community, including in the course of developing a strategic
plan under section 275; and
``(2) to access assistance under other available sources,
including State, local, or private sources, to implement
projects that diversify and strengthen the economy in the
community.
``SEC. 275. STRATEGIC PLANS.
``(a) In General.--A strategic plan meets the requirements
of this section if--
``(1) the consultation requirements of subsection (b) are
met with respect to the development of the plan;
``(2) the plan meets the requirements of subsection (c);
and
``(3) the plan is approved in accordance with the
requirements of subsection (d).
``(b) Consultation.--
``(1) In general.--To the extent practicable, an eligible
community shall consult with the entities described in
paragraph (2) in developing the strategic plan.
``(2) Entities described.--The entities described in this
paragraph are public and private entities located in or
serving the eligible community, including--
``(A) local, county, or State government agencies;
``(B) firms, including small- and medium-sized firms;
``(C) local workforce investment boards;
``(D) labor organizations, including State labor
federations and labor-management initiatives, representing
workers in the community;
``(E) educational institutions, local educational agencies,
and other training providers; and
``(F) local civil rights organizations and community-based
organizations, including organizations representing
underserved communities.
``(c) Contents.--The strategic plan may contain, as
applicable to the community, the following:
``(1) A description and analysis of the capacity of the
eligible community to achieve economic adjustment to the
impact of trade.
``(2) An analysis of the economic development challenges
and opportunities facing the community, including the
strengths and weaknesses of the economy of the community.
``(3) An assessment of--
``(A) the commitment of the community to carry out the
strategic plan on a long-term basis;
``(B) the participation and input of members of the
community who are dislocated from employment due to the
impact of trade; and
``(C) the extent to which underserved communities have been
impacted by trade.
``(4) A description of how underserved communities will
benefit from the strategic plan.
``(5) A description of the role of the entities described
in subsection (b)(2) in developing the strategic plan.
``(6) A description of projects under the strategic plan to
facilitate the community's economic adjustment to the impact
of trade, including projects to--
``(A) develop public facilities, public services, jobs, and
businesses (including establishing a revolving loan fund);
``(B) provide for planning and technical assistance;
``(C) provide for training;
``(D) provide for the demolition of vacant or abandoned
commercial, industrial, or residential property;
``(E) redevelop brownfields;
``(F) establish or support land banks;
``(G) support energy conservation; and
``(H) support historic preservation.
``(7) A strategy for continuing the community's economic
adjustment to the impact of trade after the completion of
such projects.
``(8) A description of the educational and training
programs and the potential employment opportunities available
to workers in the community, including for workers under the
age of 25, and the future employment needs of the community.
``(9) An assessment of--
``(A) the cost of implementing the strategic plan; and
``(B) the timing of funding required by the community to
implement the strategic plan.
``(10) A description of the methods of financing to be used
to implement the strategic plan, including--
``(A) an implementation grant received under section 274 or
under other authorities;
``(B) a loan, including the establishment of a revolving
loan fund; or
``(C) other types of financing.
``(11) An assessment of how the community will address
unemployment among agricultural commodity producers, if
applicable.
``(d) Approval; CEDS Equivalent.--
``(1) Approval.--The Secretary shall approve the strategic
plan developed by an eligible community under this section if
the Secretary determines that the strategic plan meets the
requirements of this section.
``(2) CEDS or equivalent.--The Secretary may deem an
eligible community's Comprehensive Economic Development
Strategy that substantially meets the requirements of this
section to be an approved strategic plan for purposes of this
subchapter.
``(e) Allocation.--Of the funds appropriated to carry out
this chapter for each of the fiscal years 2022 through 2025,
the Secretary may make available not more than $50,000,000 to
award grants under section 274(a)(1).
``SEC. 276. GENERAL PROVISIONS.
``(a) Regulations.--
``(1) In general.--The Secretary shall, subject to
paragraph (3), promulgate such regulations as may be
necessary to carry out this subchapter, including with
respect to--
``(A) administering the awarding of grants under section
274, including establishing guidelines for the submission and
evaluation of grant applications under such section; and
``(B) establishing guidelines for the evaluation of
strategic plans developed to meet the requirements of section
275.
``(2) Consultations.--The Secretary shall consult with the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate not later than 90
days prior to promulgating any final rule or regulation under
this subsection.
``(3) Relationship to existing regulations.--The Secretary,
to the maximum extent practicable, shall--
``(A) rely on and apply regulations promulgated to carry
out other economic development programs of the Department of
Commerce in carrying out this subchapter; and
``(B) provide guidance regarding the manner and extent to
which such other economic development programs relate to this
subchapter.
``(b) Resources.--The Secretary shall allocate such
resources as may be necessary to provide sufficiently
individualized assistance to each eligible community that
receives a grant under section 274(a) or seeks technical
assistance under section 274(g) to develop and implement a
strategic plan that meets the requirements of section 275.''.
(b) Clerical Amendment.--The table of contents for the
Trade Act of 1974 is amended by striking the items relating
to chapter 4 of title II and inserting the following:
``Chapter 4--Trade Adjustment Assistance for Communities
``subchapter a--trade adjustment assistance for communities
``Sec. 271. Definitions.
``Sec. 272. Establishment of trade adjustment assistance for
communities program.
``Sec. 273. Eligibility; notification of eligibility.
``Sec. 274. Grants to eligible communities.
``Sec. 275. Strategic plans.
``Sec. 276. General provisions.
``subchapter b--community college and career training grant program
``Sec. 279. Community College and Career Training Grant Program.
``Sec. 279A. Authorization of appropriations.''.
SEC. 133302. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITY
COLLEGES AND CAREER TRAINING.
Section 279 of the Trade Act of 1974, as redesignated by
section 133301(a)(2), is amended as follows:
(1) In subsection (a)--
[[Page H6489]]
(A) in paragraph (1), by striking ``eligible institutions''
and inserting ``eligible entities''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``eligible institution'' and inserting ``eligible entity'';
and
(ii) in subparagraph (B)--
(I) by striking ``$1,000,000'' and inserting
``$2,500,000'';
(II) by striking ``(B)'' and inserting ``(B)(i) in the case
of an eligible institution,'';
(III) by striking the period at the end and inserting ``;
or''; and
(IV) by adding at the end the following:
``(ii) in the case of a consortium of eligible
institutions, a grant under this section in excess of
$15,000,000.''.
(2) In subsection (b), by adding at the end the following:
``(3) Eligible entity.--The term `eligible entity' means an
eligible institution or a consortium of eligible
institutions.
``(4) Underserved community.--The term `underserved
community' has the meaning given that term in section 247.''.
(3) In subsection (c)--
(A) by striking ``eligible institution'' each place it
appears and inserting ``eligible entity''; and
(B) in paragraph (5)(A)(i)--
(i) in subclause (I), by striking ``and'' at the end; and
(ii) by adding at the end the following:
``(III) any opportunities to support industry or sector
partnerships to develop or expand quality academic programs
and curricula; and''.
(4) In subsection (d), by striking ``eligible institution''
each place it appears and inserting ``eligible entity''.
(5) By redesignating subsection (e) as subsection (h) and
inserting after subsection (d) the following:
``(e) Use of Funds.--
``(1) In general.--An eligible entity shall use a grant
awarded under this section to establish and scale career
training programs, including career and technical education
programs, and career pathways and supports for students
participating in such programs.
``(2) Student support and emergency services.--Not less
than 15 percent of the amount of a grant awarded to an
eligible entity under this section shall be used to carry out
student support services, which may include the following:
``(A) Supportive services, including childcare,
transportation, mental health services, substance use
disorder prevention and treatment, assistance in obtaining
health insurance coverage, housing, and other benefits, as
appropriate.
``(B) Connecting students to State or Federal means-tested
benefits programs.
``(C) The provision of direct financial assistance to help
students facing financial hardships that may impact
enrollment in or completion of a program supported by such
funds.
``(D) Navigation, coaching, mentorship, and case management
services, including providing information and outreach to the
population described in subparagraph (C) to take part in such
a program.
``(E) Providing access to necessary supplies, materials,
technological devices, or required equipment, and other
supports necessary to participate in such a program.
``(f) Plan for Outreach to Underserved Communities.--
``(1) In general.--In awarding grants under this section,
the Secretary shall--
``(A) ensure that eligible institutions effectively serve
individuals from underserved communities; and
``(B) develop a plan to ensure that grants provided under
this subchapter effectively serve individuals from
underserved communities.
``(2) Updates.--The Secretary shall update the plan
required by paragraph (1)(B) on an annual basis.
``(3) Submission to congress.--The Secretary shall submit
the plan required by paragraph (1)(B) and each update to the
plan required by paragraph (2) to Congress.
``(g) Geographic Diversity.--The Secretary shall, in
awarding grants under this section, ensure that grants are
awarded with respect to eligible entities from geographically
diverse areas.''.
PART 4--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
SEC. 133401. DEFINITIONS.
Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is
amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) through (7) as
paragraphs (3) through (6), respectively; and
(3) by adding at the end the following:
``(7) Underserved community.--The term `underserved
community' has the meaning given that term in section 247.''.
SEC. 133402. GROUP ELIGIBILITY REQUIREMENTS.
Section 292 of the Trade Act of 1974 (19 U.S.C. 2401a) is
amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``85 percent of'' each place it appears;
and
(ii) in subparagraph (D), by adding ``and'' at the end;
(B) in paragraph (2), by striking ``(2)'' and inserting
``(2)(A)(i)'';
(C) by redesignating paragraph (3) as clause (ii) of
paragraph (2)(A) (as designated by subparagraph (B));
(D) in clause (ii) of paragraph (2)(A) (as redesignated by
subparagraph (C))--
(i) by striking ``importantly''; and
(ii) by striking the period at the end and inserting ``;
or'' ; and
(E) in paragraph (2), by adding at the end the following:
``(B)(i) the volume of exports of the agricultural
commodity produced by the group in the marketing year with
respect to which the group files the petition decreased
compared to the average volume of such exports during the 3
marketing years preceding such marketing year; and
``(ii) the decrease in such exports contributed to the
decrease in the national average price, quantity of
production, or value of production of, or cash receipts for,
the agricultural commodity, as described in paragraph (1).'';
and
(2) in subsection (e)(3), by adding at the end before the
period the following: ``or exports''.
SEC. 133403. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY
PRODUCERS.
Section 295(a) of the Trade Act of 1974 (19 U.S.C.
2401d(a)) is amended by adding at the end the following:
``The Secretary shall develop a plan to conduct targeted
sustained outreach and offer assistance to agricultural
commodity producers from underserved communities''.
SEC. 133404. QUALIFYING REQUIREMENTS AND BENEFITS FOR
AGRICULTURAL COMMODITY PRODUCERS.
Section 296 of the Trade Act of 1974 (19 U.S.C. 2401e) is
amended--
(1) in subsection (a)(1)(A), by striking ``90 days'' and
inserting ``120 days'';
(2) in subsection (b)--
(A) in paragraph (3)(B), by striking ``$4,000'' and
inserting ``$12,000''; and
(B) in paragraph (4)(C), by striking ``$8,000'' and
inserting ``$24,000'';
(3) in subsection (c), by striking ``$12,000'' and
inserting ``$36,000''; and
(4) by adding at the end the following new subsection:
``(e) Adjustments for Inflation.--
``(1) In general.--The Secretary of Agriculture shall
adjust each dollar amount limitation described in this
section on the date that is 30 days after the date of the
enactment of this subsection, and at the beginning of each
fiscal year thereafter, to reflect the percentage (if any) of
the increase in the average of the Consumer Price Index for
the preceding 12-month period compared to the Consumer Price
Index for fiscal year 2020.
``(2) Special rules for calculation of adjustment.--In
making an adjustment under paragraph (1), the Secretary--
``(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(B) may ignore any such increase of less than 1 percent.
``(3) Consumer price index defined.--For purposes of this
subsection, the term `Consumer Price Index' means the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.''.
PART 5--APPROPRIATIONS AND OTHER MATTERS
SEC. 133501. EXTENSION OF AND APPROPRIATIONS FOR TRADE
ADJUSTMENT ASSISTANCE PROGRAM.
(a) Extension of Termination Provisions.--Section 285 of
the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by
striking ``2021'' each place it appears and inserting
``2025''.
(b) Training Funds.--Section 236(a)(2)(A) of the Trade Act
of 1974 (19 U.S.C. 2296(a)(2)(A)) , as amended by section
133110(c)(2)(B), is further amended--
(1) by striking ``shall not exceed $450,000,000'' and
inserting the following: ``shall not exceed--
``(i) $450,000,000'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(ii) $1,000,000,000 for each of the fiscal years 2022
through 2025.''.
(c) Reemployment Trade Adjustment Assistance.--Section
246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is
amended by striking ``2021'' and inserting ``2025''.
(d) Authorizations of Appropriations.--
(1) Trade adjustment assistance for workers.--Section 245
of the Trade Act of 1974 (19 U.S.C. 2317) is amended--
(A) in subsection (a), by striking ``2021'' and inserting
``2025''; and
(B) by adding at the end the following:
``(d) Reservation by the Secretary.--Of the funds
appropriated to carry out this chapter for any fiscal year,
the Secretary of Labor may reserve not more than 1 percent
for administration of the program (in addition to amounts
otherwise available for such purposes), technical assistance,
grants for pilots and demonstrations, and the evaluation of
activities carried out under this chapter.''.
(2) Trade adjustment assistance for firms.--Section 255(a)
of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended in
the first sentence by adding at the end before the period the
following: ``and $50,000,000 for each of the fiscal years
2022 through 2025''.
(3) Trade adjustment assistance for community colleges and
career training.--Subsection (a) of section 279A of the Trade
Act of 1974 (as redesignated) is amended by striking
``$40,000,000'' and all that follows through ``December 31,
2010,'' and inserting ``$300,000,000 for each of the fiscal
years 2022 through 2025''.
(4) Trade adjustment assistance for farmers.--Section 298
of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended--
(A) in subsection (a)--
(i) by striking ``$90,000,000'' and inserting
``$10,000,000''; and
(ii) by striking ``2021'' and inserting ``2025''; and
(B) by adding at the end the following:
``(c) Reservation by the Secretary.--Of the funds
appropriated to carry out this chapter for any fiscal year,
the Secretary of Agriculture may not reserve more than 5
percent for technical assistance, pilots and demonstrations,
and
[[Page H6490]]
the evaluation of activities carried out under this
chapter.''.
(e) Appropriations.--
(1) Trade adjustment assistance for workers.--In addition
to amounts otherwise available, there is appropriated for
each of fiscal years 2022 through 2025, out of any money in
the Treasury not otherwise appropriated, $1,000,000,000, to
remain available until expended, to carry out the purposes of
chapter 2 of title II of the Trade Act of 1974, as authorized
by section 245 of the Trade Act of 1974 (19 U.S.C. 2317) (as
amended by subsection (d)).
(2) Trade adjustment assistance for firms.--In addition to
amounts otherwise available, there is appropriated for each
of fiscal years 2022 through 2025, out of any money in the
Treasury not otherwise appropriated, $50,000,000, to remain
available until expended, to carry out the provisions of
chapter 3 of title II of the Trade Act of 1974, as authorized
by section 255 of the Trade Act of 1974 (19 U.S.C. 2345) (as
amended by subsection (d)).
(3) Trade adjustment assistance for communities.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated for each of fiscal years
2022 through 2025, out of any money in the Treasury not
otherwise appropriated, $300,000,000, to remain available for
obligation until September 30, 2026, to carry out subchapter
A of chapter 4 of title II of the Trade Act of 1974, as added
by section 133301 of this Act.
(B) Salaries and expenses.--Of the amounts appropriated
pursuant subparagraph (A) for each of fiscal years 2022
through 2025, not more than $40,000,000 shall be made
available for the salaries and expenses of personnel
administering subchapter A of chapter 4 of title II of the
Trade Act of 1974.
(C) Supplement and not supplant.--Amounts appropriated
pursuant to subparagraph (A) for each of the fiscal years
2022 through 2025 shall be used to supplement, and not
supplant, other Federal, State, regional, and local
government funds made available to provide economic
development assistance for communities.
(4) Trade adjustment assistance for community colleges and
career training.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated for each of fiscal years
2022 through 2025, out of any money in the Treasury not
otherwise appropriated, $300,000,000, to remain available
until expended, to carry out subchapter B of chapter 4 of
title II of the Trade Act of 1974, as designated by section
13301 of this Act, as authorized by section 279A of such
subchapter B (as redesignated and as amended by subsection
(d)).
(B) Reservation by the secretary.--Of the funds
appropriated to carry out subchapter B of chapter 4 of title
II of the Trade Act of 1974 for each of fiscal years 2022
through 2025, the Secretary of Labor may reserve not more
than 5 percent for administration of the program, including
providing technical assistance, sustained outreach to
eligible institutions effectively serving underserved
communities, grants for pilots and demonstrations, and a
rigorous third-party evaluation of the program carried out
under such subchapter.
(5) Trade adjustment assistance for farmers.--In addition
to amounts otherwise available, there is appropriated for
each of fiscal years 2022 through 2025, out of any money in
the Treasury not otherwise appropriated, $10,000,000, to
remain available until expended, to carry out the purposes of
chapter 6 of title II of the Trade Act of 1974, as authorized
by section 298 of the Trade Act of 1974 (19 U.S.C. 2401) (as
amended by subsection (d)).
SEC. 133502. APPLICABILITY OF TRADE ADJUSTMENT ASSISTANCE
PROVISIONS.
(a) Workers Certified Before Date of Enactment.--
(1) In general.--Except as provided in paragraphs (2) and
(3), a worker certified as eligible for adjustment assistance
under section 222 of the Trade Act of 1974 before the date of
the enactment of this Act shall be eligible, on and after
such date of enactment, to receive benefits only under the
provisions of chapter 2 of title II of the Trade Act of 1974,
as in effect on such date of enactment, or as such provisions
may be amended after such date of enactment.
(2) Computation of maximum benefits.--Benefits received by
a worker described in paragraph (1) under chapter 2 of title
II of the Trade Act of 1974 before the date of the enactment
of this Act shall be included in any determination of the
maximum benefits for which the worker is eligible under the
provisions of chapter 2 of title II of the Trade Act of 1974,
as in effect on the date of the enactment of this Act, or as
such provisions may be amended after such date of enactment.
(3) Authority to make adjustments to benefits.--For the 90-
day period beginning on the date of the enactment of this
Act, the Secretary is authorized to make any adjustments to
benefits to workers described in paragraph (1) that the
Secretary determines to be necessary and appropriate in
applying and administering the provisions of chapter 2 of
title II of the Trade Act of 1974, as in effect on the date
of the enactment of this Act, or as such provisions may be
amended after such date of enactment, in a manner that
ensures parity of treatment between the benefits of such
workers and the benefits of workers certified after such date
of enactment.
(b) Workers Not Certified Pursuant to Certain Petitions
Filed Before Date of Enactment.--
(1) Certifications of workers not certified before date of
enactment.--
(A) Criteria if a determination has not been made.--If, as
of the date of the enactment of this Act, the Secretary of
Labor has not made a determination with respect to whether to
certify a group of workers as eligible to apply for
adjustment assistance under section 222 of the Trade Act of
1974 pursuant to a petition described in subparagraph (C),
the Secretary shall make that determination based on the
requirements of section 222 of the Trade Act of 1974, as in
effect on such date of enactment.
(B) Reconsideration of denials of certifications.--If,
before the date of the enactment of this Act, the Secretary
made a determination not to certify a group of workers as
eligible to apply for adjustment assistance under section 222
of the Trade Act of 1974 pursuant to a petition described in
subparagraph (C), the Secretary shall--
(i) reconsider that determination; and
(ii) if the group of workers meets the requirements of
section 222 of the Trade Act of 1974, as in effect on such
date of enactment, certify the group of workers as eligible
to apply for adjustment assistance.
(C) Petition described.--A petition described in this
subparagraph is a petition for a certification of eligibility
for a group of workers filed under section 221 of the Trade
Act of 1974 on or after January 1, 2021, and before the date
of the enactment of this Act.
(2) Eligibility for benefits.--
(A) In general.--Except as provided in subparagraph (B), a
worker certified as eligible to apply for adjustment
assistance under section 222 of the Trade Act of 1974
pursuant to a petition described in paragraph (1)(C) shall be
eligible, on and after the date of the enactment of this Act,
to receive benefits only under the provisions of chapter 2 of
title II of the Trade Act of 1974, as in effect on such date
of enactment, or as such provisions may be amended after such
date of enactment.
(B) Computation of maximum benefits.--Benefits received by
a worker described in paragraph (1) under chapter 2 of title
II of the Trade Act of 1974 before the date of the enactment
of this Act shall be included in any determination of the
maximum benefits for which the worker is eligible under the
provisions of chapter 2 of title II of the Trade Act of 1974,
as in effect on the date of the enactment of this Act, or as
such provisions may be amended after such date of enactment.
(c) Conforming Amendments.--
(1) Trade act of 2002.--Section 151 of the Trade Act of
2002 (19 U.S.C. note prec. 2271) is amended by striking
subsections (a), (b), and (c).
(2) Trade and globalization adjustment assistance act of
2009.--Section 1891 of the Trade and Globalization Adjustment
Assistance Act of 2009 (19 U.S.C. 2271 note) is repealed.
(3) Trade adjustment assistance extension act of 2011.--The
Trade Adjustment Assistance Extension Act of 2011 is
amended--
(A) in section 201 (19 U.S.C. note prec. 2271), by striking
subsections (b) and (c); and
(B) in section 231(a) (19 U.S.C. 2271 note), by striking
paragraphs (1)(B) and (2).
(4) Trade adjustment assistance reauthorization act of
2015.--The Trade Adjustment Assistance Reauthorization Act of
2015 is amended--
(A) in section 402 (19 U.S.C. note prec. 2271), by striking
subsections (b) and (c); and
(B) in section 405(a)(1) (19 U.S.C. 2319(a)(1)), by
striking subparagraph (B).
(d) Trade Adjustment Assistance for Firms.--
(1) Certification of firms not certified before date of
enactment.--
(A) Criteria if a determination has not been made.--If, as
of the date of the enactment of this Act, the Secretary of
Commerce has not made a determination with respect to whether
to certify a firm as eligible to apply for adjustment
assistance under section 251 of the Trade Act of 1974
pursuant to a petition described in subparagraph (C), the
Secretary shall make that determination based on the
requirements of section 251 of the Trade Act of 1974, as in
effect on such date of enactment.
(B) Reconsideration of denial of certain petitions.--If,
before the date of the enactment of this Act, the Secretary
made a determination not to certify a firm as eligible to
apply for adjustment assistance under section 251 of the
Trade Act of 1974 pursuant to a petition described in
subparagraph (C), the Secretary shall--
(i) reconsider that determination; and
(ii) if the firm meets the requirements of section 251 of
the Trade Act of 1974, as in effect on such date of
enactment, certify the firm as eligible to apply for
adjustment assistance.
(C) Petition described.--A petition described in this
subparagraph is a petition for a certification of eligibility
filed by a firm or its representative under section 251 of
the Trade Act of 1974 on or after January 1, 2021, and before
the date of the enactment of this Act.
(2) Certification of firms that did not submit petitions
between january 1, 2021, and date of enactment.--
(A) In general.--The Secretary of Commerce shall certify a
firm described in subparagraph (B) as eligible to apply for
adjustment assistance under section 251 of the Trade Act of
1974, as in effect on the date of the enactment of this Act,
if the firm or its representative files a petition for a
certification of eligibility under section 251 of the Trade
Act of 1974 not later than 90 days after such date of
enactment.
(B) Firm described.--A firm described in this subparagraph
is a firm that the Secretary determines would have been
certified as eligible to apply for adjustment assistance if--
(i) the firm or its representative had filed a petition for
a certification of eligibility under section 251 of the Trade
Act of 1974 on a date during the period beginning on January
1, 2021, and ending on the day before the date of the
enactment of this Act; and
(ii) the provisions of chapter 3 of title II of the Trade
Act of 1974, as in effect on such date of enactment, had been
in effect on that date during the period described in clause
(i).
[[Page H6491]]
SEC. 133503. SUNSET PROVISIONS.
(a) Application of Prior Law.--Subject to subsection (b),
beginning on July 1, 2025, the provisions of chapters 2, 3,
5, and 6 of title II of the Trade Act of 1974 (19 U.S.C.
2271-2401g), as in effect on January 1, 2014, shall be in
effect and apply, except that in applying and administering
such chapters--
(1) paragraph (1) of section 231(c) of that Act shall be
applied and administered as if subparagraphs (A), (B), and
(C) of that paragraph were not in effect;
(2) section 233 of that Act shall be applied and
administered--
(A) in subsection (a)--
(i) in paragraph (2), by substituting ``104-week period''
for ``104-week period'' and all that follows through ``130-
week period)''; and
(ii) in paragraph (3)--
(I) in the matter preceding subparagraph (A), by
substituting ``65'' for ``52''; and
(II) by substituting ``78-week period'' for ``52-week
period'' each place it appears; and
(B) by applying and administering subsection (g) as if it
read as follows:
``(g) Payment of Trade Readjustment Allowances To Complete
Training.--Notwithstanding any other provision of this
section, in order to assist an adversely affected worker to
complete training approved for the worker under section 236
that leads to the completion of a degree or industry-
recognized credential, payments may be made as trade
readjustment allowances for not more than 13 weeks within
such period of eligibility as the Secretary may prescribe to
account for a break in training or for justifiable cause that
follows the last week for which the worker is otherwise
entitled to a trade readjustment allowance under this chapter
if--
``(1) payment of the trade readjustment allowance for not
more than 13 weeks is necessary for the worker to complete
the training;
``(2) the worker participates in training in each such
week; and
``(3) the worker--
``(A) has substantially met the performance benchmarks
established as part of the training approved for the worker;
``(B) is expected to continue to make progress toward the
completion of the training; and
``(C) will complete the training during that period of
eligibility.'';
(3) section 245(a) of that Act shall be applied and
administered by substituting ``June 30, 2025'' for ``December
31, 2007'';
(4) section 246(b)(1) of that Act shall be applied and
administered by substituting ``June 30, 2025'' for ``the date
that is 5 years'' and all that follows through ``State'';
(5) section 256(b) of that Act shall be applied and
administered by substituting ``the 1-year period beginning on
July 1, 2025'' for ``each of fiscal years 2003 through 2007,
and $4,000,000 for the 3-month period beginning on October 1,
2007'';
(6) section 298(a) of that Act shall be applied and
administered by substituting ``the 1-year period beginning on
July 1, 2025'' for ``each of the fiscal years'' and all that
follows through ``October 1, 2007''; and
(7) section 285 of that Act shall be applied and
administered--
(A) in subsection (a), by substituting ``June 30, 2026''
for ``December 31, 2007'' each place it appears; and
(B) by applying and administering subsection (b) as if it
read as follows:
``(b) Other Assistance.--
``(1) Assistance for firms.--
``(A) In general.--Except as provided in subparagraph (B),
assistance may not be provided under chapter 3 after June 30,
2026.
``(B) Exception.--Notwithstanding subparagraph (A), any
assistance approved under chapter 3 pursuant to a petition
filed under section 251 on or before June 30, 2026, may be
provided--
``(i) to the extent funds are available pursuant to such
chapter for such purpose; and
``(ii) to the extent the recipient of the assistance is
otherwise eligible to receive such assistance.
``(2) Farmers.--
``(A) In general.--Except as provided in subparagraph (B),
assistance may not be provided under chapter 6 after June 30,
2026.
``(B) Exception.--Notwithstanding subparagraph (A), any
assistance approved under chapter 6 on or before June 30,
2026, may be provided--
``(i) to the extent funds are available pursuant to such
chapter for such purpose; and
``(ii) to the extent the recipient of the assistance is
otherwise eligible to receive such assistance.''.
(b) Exceptions.--The provisions of chapters 2, 3, 5, and 6
of title II of the Trade Act of 1974, as in effect on the
date of the enactment of this Act, shall continue to apply on
and after July 1, 2025, with respect to--
(1) workers certified as eligible for trade adjustment
assistance benefits under chapter 2 of title II of that Act
pursuant to petitions filed under section 221 of that Act
before July 1, 2025;
(2) firms certified as eligible for technical assistance or
grants under chapter 3 of title II of that Act pursuant to
petitions filed under section 251 of that Act before July 1,
2025; and
(3) agricultural commodity producers certified as eligible
for technical or financial assistance under chapter 6 of
title II of that Act pursuant to petitions filed under
section 292 of that Act before July 1, 2025.
Subtitle D--Career Pathways and Social Services
PART 1--PROVISIONS RELATING TO PATHWAYS TO HEALTH CAREERS
SEC. 134101. PATHWAYS TO HEALTH CAREERS.
Effective October 1, 2021, title XX of the Social Security
Act (42 U.S.C. 1397-1397n-13) is amended by adding at the end
the following:
``Subtitle D--Career Pathways Through Health Profession Opportunity
Grants
``SEC. 2071. CAREER PATHWAYS THROUGH HEALTH PROFESSION
OPPORTUNITY GRANTS.
``(a) Application Requirements.--An eligible entity
desiring a grant under this section for a project shall
submit to the Secretary an application for the grant, that
includes the following:
``(1) A description of how the applicant will use a career
pathways approach to train eligible individuals for health
professions that will put eligible individuals on a career
path to an occupation that pays well, under the project.
``(2) A description of the adult basic education and
literacy activities, work readiness activities, training
activities, and case management and career coaching services
that the applicant will use to assist eligible individuals to
gain work experience, connection to employers, and job
placement, and a description of the plan for recruiting,
hiring, and training staff to provide the case management,
mentoring, and career coaching services, under the project
directly or through local governmental, apprenticeship,
educational, or charitable institutions.
``(3) A demonstration that the applicant has experience
working with low-income populations, or a description of the
plan of the applicant to work with a partner organization
that has the experience.
``(4) A plan for providing post-employment support and
ongoing training as part of a career pathway under the
project.
``(5) A description of the support services that the
applicant will provide under the project, including a plan
for how child care and transportation support services will
be guaranteed and, if the applicant will provide a cash
stipend or wage supplement, how the stipend or supplement
would be calculated and distributed.
``(6) A certification by the applicant that the project
development included--
``(A) consultation or commitment to consult with a local
workforce development board;
``(B) consideration of registered apprenticeship and pre-
apprenticeship models;
``(C) consideration of career pathway programs in the State
in which the project is to be conducted; and
``(D) a review of the State plan under section 102 or 103
of the Workforce Innovation and Opportunity Act.
``(7) A description of the availability and relevance of
recent labor market information and other pertinent evidence
of in-demand jobs or worker shortages.
``(8) A certification that the applicant will directly
provide or contract for the training services described in
the application.
``(9) A commitment by the applicant that, if the grant is
made to the applicant, the applicant will--
``(A) during the planning period for the project, provide
the Secretary with any information needed by the Secretary to
establish adequate data reporting and administrative
structure for the project;
``(B) hire a person to direct the project not later than
the end of the planning period applicable to the project;
``(C) accept all technical assistance offered by the
Secretary with respect to the grant;
``(D) participate in peer technical assistance conferences
as are regularly scheduled by the Secretary; and
``(E) provide all data required by the Secretary under
subsection (g).
``(b) Additional Application Element.--In considering
applications for a grant under this section, the Secretary
shall require qualified applicants to have at least 1 of the
following application elements--
``(1) applications submitted by applicants to whom a grant
was made under this section or any predecessor to this
section;
``(2) applications submitted by applicants who have
business and community partners in each of the following
categories:
``(A) State and local government agencies and social
service providers, including a State or local entity that
administers a State program funded under part A of this
title;
``(B) institutions of higher education, apprenticeship
programs, and local workforce development boards; and
``(C) health care employers, health care industry or sector
partnerships, labor unions, and labor-management
partnerships;
``(3) applications that include opportunities for mentoring
or peer support, and make career coaching available, as part
of the case management plan;
``(4) applications which describe a project that will serve
a rural area in which--
``(A) the community in which the individuals to be enrolled
in the project reside is located;
``(B) the project will be conducted; or
``(C) an employer partnership that has committed to hiring
individuals who successfully complete all activities under
the project is located;
``(5) applications that include a commitment to providing
project participants with a cash stipend or wage supplement;
and
``(6) applications which have an emergency cash fund to
assist project participants financially in emergency
situations.
``(c) Grants.--
``(1) Competitive grants.--
``(A) Grant authority.--
``(i) In general.--The Secretary shall make a grant in
accordance with this paragraph to an eligible entity whose
application for the grant is approved by the Secretary, to
conduct a project designed to train low-income individuals
for allied health professions, health information technology,
physician assistants, nursing assistants, registered nurse,
advanced practice nurse, and other professions considered
part of a health care career pathway model.
``(ii) Guarantee of grantees in each state and the district
of columbia.--For each
[[Page H6492]]
grant cycle, the Secretary shall award a grant under this
paragraph to at least 2 eligible entities in each State that
is not a territory, to the extent there are a sufficient
number of applications that have a high likelihood of success
and that are submitted by the entities that meet the
requirements applicable with respect to such a grant. If, for
a grant cycle, there are fewer than 2 such eligible entities
in a State that have submitted applications with a high
likelihood of success, the Secretary shall identify qualified
eligible applicants located elsewhere, that are otherwise
approved but un-funded, and issue a Substitution of Grant and
tailored technical assistance. In the preceding sentence, the
term `issue a Substitution of Grant' means, in a case in
which an approved grantee does not complete its full project
period, or in which there are fewer than 2 qualified grantees
per State with a high likelihood of success, substitute an
applicant located in another State that was approved but un-
funded during the competition for the award for the award
recipient.
``(B) Guarantee of grants for indian populations.--The
Secretary shall award a grant under this paragraph to at
least 10 eligible entities that are an Indian tribe, an
Alaska Native Corporation, a tribal organization, or a tribal
college or university, to the extent there are a sufficient
number of applications submitted by the entities that meet
the requirements applicable with respect to such a grant.
``(C) Guarantee of grantees in the territories.--The
Secretary shall award a grant under this paragraph to at
least 2 eligible entities that are located in a territory, to
the extent there are a sufficient number of applications
submitted by the entities that meet the requirements
applicable with respect to such a grant.
``(2) Grant cycle.--The grant cycle under this section
shall be not less than 5 years, with a planning period of not
more than the first 12 months of the grant cycle. During the
planning period, the amount of the grant shall be in such
lesser amount as the Secretary determines appropriate.
``(d) Use of Grant.--
``(1) In general.--An entity to which a grant is made under
this section shall use the grant in accordance with the
approved application for the grant.
``(2) Support to be provided.--
``(A) Required support.--A project for which a grant is
made under this section shall include the following:
``(i) An assessment for adult basic skill competency, and
provision of adult basic skills education if necessary for
lower-skilled eligible individuals to enroll in the project
and go on to enter and complete post-secondary training,
through means including the following:
``(I) Establishing a network of partners that offer pre-
training activities for project participants who need to
improve basic academic skills or English language proficiency
before entering a health occupational training career pathway
program.
``(II) Offering resources to enable project participants to
continue advancing adult basic skill proficiency while
enrolled in a career pathway program.
``(III) Embedding adult basic skill maintenance as part of
ongoing post-graduation career coaching and mentoring.
``(ii) A guarantee that child care is an available and
affordable support service for project participants through
means such as the following:
``(I) Referral to, and assistance with, enrollment in a
subsidized child care program.
``(II) Direct payment to a child care provider if a slot in
a subsidized child care program is not available or
reasonably accessible.
``(III) Payment of co-payments or associated fees for child
care.
``(iii) Case management plans that include career coaching
(with the option to offer appropriate peer support and
mentoring opportunities to help develop soft skills and
social capital), which may be offered on an ongoing basis
before, during, and after initial training as part of a
career pathway model.
``(iv) A plan to provide project participants with
transportation through means such as the following:
``(I) Referral to, and assistance with enrollment in, a
subsidized transportation program.
``(II) If a subsidized transportation program is not
reasonably available, direct payments to subsidize
transportation costs.
For purposes of this clause, the term `transportation'
includes public transit, or gasoline for a personal vehicle
if public transit is not reasonably accessible or available.
``(B) Allowed support.--The goods and services provided
under a project for which a grant is made under this section
may include the following:
``(i) A cash stipend.
``(ii) A reserve fund for financial assistance to project
participants in emergency situations.
``(iii) Tuition, certification exam fees, and training
materials such as books, software, uniforms, shoes,
connection to the internet, hair nets, and personal
protective equipment.
``(iv) In-kind resource donations such as interview
clothing and conference attendance fees.
``(v) Assistance with accessing and completing high school
equivalency or adult basic education courses as necessary to
achieve success in the project and make progress toward
career goals.
``(vi) Assistance with programs and activities, including
legal assistance, deemed necessary to address arrest or
conviction records as an employment barrier.
``(vii) Other support services as deemed necessary for
family well-being, success in the project, and progress
toward career goals.
``(3) Training.--The number of hours of training provided
to an eligible individual under a project for which a grant
is made under this section, for a recognized postsecondary
credential (including an industry-recognized credential, and
a certificate awarded by a local workforce development
board), which is awarded in recognition of attainment of
measurable technical or occupational skills necessary to gain
employment or advance within an occupation, shall be--
``(A) not less than the number of hours of training
required for certification in that level of skill by the
State in which the project is conducted; or
``(B) if there is no such requirement, such number of hours
of training as the Secretary finds is necessary to achieve
that skill level.
``(4) Inclusion of tanf recipients.--In the case of a
project for which a grant is made under this section that is
conducted in a State that has a program funded under part A
of title IV, at least 10 percent of the eligible individuals
to whom support is provided under the project shall meet the
income eligibility requirements under that State program,
without regard to whether the individuals receive benefits or
services directly under that State program.
``(5) Income limitation.--An entity to which a grant is
made under this section shall not use the grant to provide
support to a person who is not an eligible individual.
``(6) Prohibition.--An entity to which a grant is made
under this section shall not use the grant for purposes of
entertainment, except that case management and career
coaching services may include celebrations of specific
career-based milestones such as completing a semester,
graduation, or job placement.
``(e) Technical Assistance.--
``(1) In general.--The Secretary shall provide technical
assistance--
``(A) to assist eligible entities in applying for grants
under this section;
``(B) that is tailored to meet the needs of grantees at
each stage of the administration of projects for which grants
are made under this section;
``(C) that is tailored to meet the specific needs of Indian
tribes, Alaska Native Corporations, tribal organizations, and
tribal colleges and universities;
``(D) that is tailored to meet the specific needs of the
territories;
``(E) that is tailored to meet the specific needs of
applicants, eligible entities, and grantees, in carrying out
dedicated career pathway projects pursuant to subsections (h)
and (i); and
``(F) to facilitate the exchange of information among
eligible entities regarding best practices and promising
practices used in the projects.
``(2) Continuation of peer technical assistance
conferences.--The Secretary shall continue to hold peer
technical assistance conferences for entities to which a
grant is made under this section or was made under the
immediate predecessor of this section. The preceding sentence
shall not be interpreted to require any such conference to be
held in person.
``(f) Evaluation of Dedicated Career Pathways.--
``(1) In general.--The Secretary shall, by grant, contract,
or interagency agreement, conduct rigorous and well-designed
evaluations of the dedicated career pathway projects carried
out pursuant to subsections (h) and (i).
``(2) Requirement applicable to second chance career
pathway.--In the case of a project of the type described in
subsection (i), the evaluation shall include identification
of successful activities for creating opportunities for
developing and sustaining, particularly with respect to low-
income individuals with arrest or conviction records, a
health professions workforce that has accessible entry
points, that meets high standards for education, training,
certification, and professional development, and that
provides increased wages and affordable benefits, including
health care coverage, that are responsive to the needs of the
workforce.
``(3) Requirement applicable to maternal mortality career
pathway.--In the case of a project of the type described in
subsection (h), the evaluation shall include identification
of successful activities for creating opportunities for
developing and sustaining, particularly with respect to low-
income individuals and other entry-level workers, a career
pathway that has accessible entry points, that meets high
standards for education, training, certification, and
professional development, and that provides increased wages
and affordable benefits, including health care coverage, that
are responsive to the needs of the birth, pregnancy, and
post-partum workforce.
``(g) Reports.--As a condition of funding, an eligible
entity awarded a grant to conduct a project under this
section shall submit interim reports to the Secretary on the
activities carried out under the project, and, on the
conclusion of the project, a final report on the activities.
``(h) Maternal Mortality Career Pathway.--
``(1) Grant authority.--The Secretary shall award grants in
accordance with this subsection to eligible entities to
conduct career pathway projects for the purpose of providing
education for professions such as doulas, lactation
consultants, childbirth educators, infant massage therapists,
newborn care specialists, midwives, and other community
health worker professions, for individuals to enter and
follow a dedicated career pathway in the field of pregnancy,
childbirth, or post-partum services in a State that
recognizes doulas or midwives as health care providers and
that provides payment for services provided by doulas or
midwives, as the case may be, under the State plan approved
under title XIX.
``(2) Duration.--A grant awarded under this subsection
shall have the same grant cycle as is provided in subsection
(c)(2), and as a condition of funding the grantee shall
comply with all data reporting requirements associated with
the grant cycle.
[[Page H6493]]
``(3) Application requirements.--An entity seeking a grant
under this subsection for a project shall submit to the
Secretary an application for the grant, that includes the
following:
``(A) A description of the partnerships, strategic staff
hiring decisions, tailored program activities, or other
programmatic elements of the project that are designed to
support a strong career pathway in pregnancy, birth, or post-
partum services.
``(B) A demonstration that the State in which the project
is to be conducted recognizes and permits doulas and midwives
to practice in the State.
``(C) A demonstration that the applicant has experience
working with low-income populations, or a description of the
plan of the applicant to work with a partner that has the
experience.
``(4) Support to be provided.--The recipient of a grant
under this subsection for a project shall provide required
supportive services described in subsection (d)(2)(A) to
project participants who need the services, and may expend
the funding on eligible supportive services described in
subsection (d)(2)(B).
``(i) Second Chance Career Pathway.--
``(1) Grant authority.--The Secretary shall award grants in
accordance with this subsection to eligible entities to
conduct career pathway projects for the purpose of providing
education and training for eligible individuals with arrest
or conviction records to enter and follow a career pathway in
the health professions through occupations that are expected
to experience a labor shortage or be in high demand.
``(2) Duration.--A grant awarded under this subsection
shall have the same grant cycle as is provided in subsection
(c)(2), and as a condition of funding the grantee shall
comply with all data reporting requirements associated with
the grant cycle.
``(3) Application requirements.--An entity seeking a grant
under this subsection for a project shall submit to the
Secretary an application for the grant, that includes the
following:
``(A) A demonstration that the State in which the project
is to be conducted has in effect policies or laws that permit
certain allied health and behavioral health care credentials
to be awarded to people with certain arrest or conviction
records (which policies or laws shall include appeals
processes and other opportunities to demonstrate
rehabilitation to obtain licensure and approval to work in
the proposed health careers), and a plan described in the
application which will use a legally permitted career pathway
to train people with such a record to be trained and employed
in such a career.
``(B) A discussion of how the project or future strategic
hiring decisions will demonstrate the experience and
expertise of the project in working with job seekers who have
arrest or conviction records or employers with experience
working with people with arrest or conviction records.
``(C) A demonstration that the applicant has experience
working with low-income populations, or a description of the
plan of the applicant to work with a partner that has the
experience.
``(D) An identification of promising innovations or best
practices that can be used to provide the training.
``(E) A proof of concept or demonstration that the
applicant has done sufficient research on workforce shortage
or in-demand jobs for which people with certain types of
criminal records can be hired.
``(F) A plan for recruiting students who are eligible
individuals into the project.
``(G) A plan for providing post-employment support and
ongoing training as part of a career pathway under the
project.
``(4) Support to be provided.--
``(A) Required support.--A recipient of a grant under this
subsection for a project shall provide--
``(i) access to legal assistance for project participants
for the purpose of addressing arrest or conviction records
and associated workforce barriers;
``(ii) assistance with programs and activities deemed
necessary to address arrest or conviction records as an
employment barrier;
``(iii) required supportive services described in
subsection (d)(2)(A) to participants who need the services,
and may expend funds on eligible supportive services
described in subsection (d)(2)(B).
``(j) Definitions.--In this section:
``(1) Alaska native corporation.--The term `Alaska Native
Corporation' has the meaning given the term in section 3(m)
of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(m)).
``(2) Allied health profession.--The term `allied health
profession' has the meaning given the term in section 799B(5)
of the Public Health Service Act.
``(3) Career pathway.--The term `career pathway' has the
meaning given the term in section 3(7) of the Workforce
Innovation and Opportunity Act.
``(4) Doula.--The term `doula' means an individual who--
``(A) is certified by an organization that has been
established for not less than 5 years and that requires the
completion of continuing education to maintain the
certification, to provide non-medical advice, information,
emotional support, and physical comfort to an individual
during the individual's pregnancy, childbirth, and post-
partum period; and
``(B) maintains the certification by completing the
required continuing education.
``(5) Eligible entity.--The term `eligible entity' means
any of the following entities that demonstrates in an
application submitted under this section that the entity has
the capacity to fully develop and administer the project
described in the application:
``(A) A local workforce development board established under
section 107 of the Workforce Innovation and Opportunity Act.
``(B) A State or territory, a political subdivision of a
State or territory, or an agency of a State, territory, or
such a political subdivision, including a State or local
entity that administers a State program funded under part A
of this title.
``(C) An Indian tribe, an Alaska Native Corporation, a
tribal organization, or a tribal college or university.
``(D) An institution of higher education (as defined in the
Higher Education Act of 1965).
``(E) A hospital (as defined in section 1861(e)).
``(F) A high-quality skilled nursing facility.
``(G) A Federally qualified health center (as defined in
section 1861(aa)(4)).
``(H) A nonprofit organization described in section
501(c)(3) of the Internal Revenue Code of 1986, a labor
organization, or an entity with shared labor-management
oversight, that has a demonstrated history of providing
health profession training to eligible individuals.
``(I) In the case of a project of the type provided for in
subsection (h) of this section, an entity recognized by a
State, an Indian tribe, an Alaska Native Corporation, or a
tribal organization as qualified to train doulas or midwives,
if midwives or doulas, as the case may be, are permitted to
practice in the State involved.
``(J) An opioid treatment program (as defined in section
1861(jjj)(2)), and other high quality comprehensive addiction
care providers.
``(6) Eligible individual.--The term `eligible individual'
means an individual whose family income does not exceed 200
percent of the Federal poverty level.
``(7) Federal poverty level.--The term `Federal poverty
level' means the poverty line (as defined in section 673(2)
of the Omnibus Budget Reconciliation Act of 1981, including
any revision required by such section applicable to a family
of the size involved).
``(8) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 or 102(a)(1)(B) of the Higher Education
Act of 1965.
``(9) Territory.--The term `territory' means the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, the Northern Mariana Islands, and American
Samoa.
``(10) Tribal college or university.--The term `tribal
college or university' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965.
``(11) Tribal organization.--The term `tribal organization'
means the recognized governing body of any Indian tribe; any
legally established organization of Indians which is
controlled, sanctioned, or chartered by such governing body
or which is democratically elected by the adult members of
the Indian community to be served by such organization and
which includes the maximum participation of Indians in all
phases of its activities.
``(k) Funding.--In addition to amounts otherwise available,
there is appropriated to the Secretary, out of any money in
the Treasury not otherwise appropriated--
``(1) for grants under subsection (c)(1)(A)--
``(A) $318,750,000 for fiscal year 2022; and
``(B) $338,108,438 for each of fiscal years 2023 through
2026;
``(2) for grants under subsection (c)(1)(B)--
``(A) $17,000,000 for fiscal year 2022; and
``(B) $18,027,650 for each of fiscal years 2023 through
2026;
``(3) for grants under subsection (c)(1)(C)--
``(A) $21,250,000 for fiscal year 2022; and
``(B) $22,534,563 for each of fiscal years 2023 through
2026;
``(4) for projects conducted under subsections (h) and (i),
$27,041,475 for each of fiscal years 2023 through 2026;
``(5) for the provision of technical assistance and
administration--
``(A) for fiscal year 2022, $25,500,000 plus all amounts
referred to in paragraphs (1) through (3) of this subsection
that remain unused after all grant awards are made for the
fiscal year; and
``(B) for each of fiscal years 2023 through 2026,
$27,041,475 plus all amounts referred to in paragraphs (1)
through (4) of this subsection that remain unused after all
grant awards are made for the fiscal year; and
``(6) for studying the effects of the projects for which a
grant is made under this section, and for administration, for
the purpose of supporting the rigorous evaluation of the
projects, and supporting the continued study of the short-,
medium-, and long-term effects of all such projects,
including the effectiveness of new or added elements of the
projects--
``(A) $17,000,000 for fiscal year 2022; and
``(B) $18,027,650 for each of fiscal years 2023 through
2026.''.
PART 2--PROVISIONS RELATING TO ELDER JUSTICE
SEC. 134201. REAUTHORIZATION OF FUNDING FOR PROGRAMS TO
PREVENT AND INVESTIGATE ELDER ABUSE, NEGLECT,
AND EXPLOITATION.
(a) Long-term Care Staff Training Grants.--Section 2041 of
the Social Security Act (42 U.S.C. 1397m) is amended to read
as follows:
``SEC. 2041. NURSING HOME WORKER TRAINING GRANTS.
``(a) Appropriation.--Out of any funds in the Treasury not
otherwise appropriated, in addition to amounts otherwise
available, there is appropriated to the Secretary for each of
fiscal years 2023 through 2026--
``(1) $415,696,400 for grants under subsection (b)(1); and
``(2) $8,483,600 for grants under subsection (b)(2).
``(b) Grants.--
``(1) State entitlement.--
``(A) In general.--Each State shall be entitled to receive
from the Secretary for each fiscal year specified in
subsection (a) a grant in an
[[Page H6494]]
amount equal to the amount allotted to the State under
subparagraph (B) of this paragraph.
``(B) State allotments.--The amount allotted to a State
under this subparagraph for a fiscal year shall be--
``(i) the amount made available by subsection (a) for the
fiscal year that is not required to be reserved by subsection
(a); multiplied by
``(ii)(I) the number of State residents who have attained
65 years of age or are individuals with a disability, as
determined by the Secretary using the most recent version of
the American Community Survey published by the Bureau of the
Census or a successor data set; divided by
``(II) the total number of such residents of all States.
``(2) Grants to indian tribes and tribal organizations.--
``(A) In general.--The Secretary, in consultation with the
Indian tribes and tribal organizations, shall make grants in
accordance with this section to Indian tribes and tribal
organizations who operate at least 1 eligible setting.
``(B) Grant formula.--The Secretary, in consultation with
the Indian tribes and tribal organizations, shall devise a
formula for distributing among Indian tribes and tribal
organizations the amount required to be reserved by
subsection (a) for each fiscal year.
``(3) Sub-grants.--A State, Indian tribe, or tribal
organization to which an amount is paid under this paragraph
may use the amount to make sub-grants to local organizations,
including community organizations, local non-profits, elder
rights and justice groups, and workforce development boards
for any purpose described in paragraph (1) or (2) of
subsection (c).
``(c) Use of Funds.--
``(1) Required uses.--A State to which an amount is paid
under subsection (b) shall use the amount to--
``(A) provide wage subsidies to eligible individuals;
``(B) provide student loan repayment or tuition assistance
to eligible individuals for a degree or certification in a
field relevant to their position referred to in subsection
(f)(1)(A);
``(C) guarantee affordable and accessible child care for
eligible individuals, including help with referrals, co-pays,
or other direct assistance; and
``(D) provide assistance where necessary with obtaining
appropriate transportation, including public transportation
if available, or gas money or transit vouchers for ride
share, taxis, and similar types of transportation if public
transportation is unavailable or impractical based on work
hours or location.
``(2) Authorized uses.--A State to which an amount is paid
under subsection (b) may use the amount to--
``(A) establish a reserve fund for financial assistance to
eligible individuals in emergency situations;
``(B) provide in-kind resource donations, such as interview
clothing and conference attendance fees;
``(C) provide assistance with programs and activities,
including legal assistance, deemed necessary to address
arrest or conviction records that are an employment barrier;
``(D) support employers operating an eligible setting in
the State in providing employees with not less than 2 weeks
of paid leave per year; or
``(E) provide other support services the Secretary deems
necessary to allow for successful recruitment and retention
of workers.
``(3) Provision of funds only for the benefit of eligible
individuals in eligible settings.--A State to which an amount
is paid under subsection (b) may provide the amount to only
an eligible individual or a partner organization serving an
eligible individual.
``(4) Nonsupplantation.--A State to which an amount is paid
under subsection (b) shall not use the amount to supplant the
expenditure of any State funds for recruiting or retaining
employees in an eligible setting.
``(d) Administration.--A State to which a grant is made
under subsection (b) shall reserve not more than 10 percent
of the grant to--
``(1) administer subgrants in accordance with this section;
``(2) provide technical assistance and support for applying
for and accessing such a subgrant opportunity;
``(3) publicize the availability of the subgrants;
``(4) carry out activities to increase the supply of
eligible individuals; and
``(5) provide technical assistance to help subgrantees find
and train individuals to provide the services for which they
are contracted.
``(e) Definitions.--In this section:
``(1) Eligible individual.--The term `eligible individual'
means an individual who--
``(A)(i) is a qualified home health aide, as defined in
section 484.80(a) of title 42, Code of Federal Regulations;
``(ii) is a nurse aide approved by the State as meeting the
requirements of sections 483.150 through 483.154 of such
title, and is listed in good standing on the State nurse aide
registry;
``(iii) is a personal care aide approved by the State, and
furnishes personal care services, as defined in section
440.167 of such title;
``(iv) is a qualified hospice aide, as defined in section
418.76 of such title; or
``(v) is a licensed practical nurse or a licensed or
certified social worker; or
``(vi) is receiving training to be certified or licensed as
such an aide, nurse, or social worker; and
``(B) provides (or, in the case of a trainee, intends to
provide) services as such an aide, nurse, or social worker in
an eligible setting.
``(2) Eligible setting.--The term `eligible setting'
means--
``(A) a skilled nursing facility, as defined in section
1819;
``(B) a nursing facility, as defined in section 1919;
``(C) a home health agency, as defined in section 1891;
``(D) a facility provider approved to deliver home or
community-based services authorized under State options
described in subsection (c) or (i) of section 1915 or, as
relevant, demonstration projects authorized under section
1115;
``(E) a hospice, as defined in section 1814;
``(F) an intermediate care facility, as defined in section
1905(d); or
``(G) a tribal assisted living facility.
``(3) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act.''.
(b) Adult Protective Services Functions and Grant
Programs.--
(1) Direct funding; state entitlement.--Section 2042 of the
Social Security Act (42 U.S.C. 1397m-1) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A)--
(I) by striking ``offices'' and inserting ``programs''; and
(II) by inserting ``and adults who are under a disability
(as defined in section 216(i)(1))'' before the semicolon; and
(ii) by striking paragraph (2) and inserting the following:
``(2) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, in addition to amounts otherwise
available, there are appropriated to the Secretary $8,483,600
for each of fiscal years 2023 through 2025 to carry out this
subsection.'';
(B) in subsection (b)--
(i) in paragraph (2)--
(I) in subparagraph (A), by striking ``the availability of
appropriations and''; and
(II) in subparagraph (B)--
(aa) in the heading for clause (i), by inserting ``and the
district of columbia'' after ``States''; and
(bb) in clause (ii), by inserting ``or the District of
Columbia'' after ``States''; and
(ii) by striking paragraph (5) and inserting the following:
``(5) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, in addition to amounts otherwise
available, there are appropriated to the Secretary for each
of fiscal years 2023 through 2025--
``(A) $415,696,400 for grants to States under this
subsection; and
``(B) $8,483,600 for grants to Indian tribes and tribal
organizations under this subsection.''; and
(C) in subsection (c), by striking paragraph (6) and
inserting the following:
``(6) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, in addition to amounts otherwise
available, there are appropriated to the Secretary
$79,533,750 for each of fiscal years 2023 through 2025 to
carry out this subsection.''.
(2) State entitlement; grants to indian tribes and tribal
organizations.--Section 2042 of such Act (42 U.S.C. 1397m-1)
is amended--
(A) in subsection (a)(1)(A), by striking ``State and
local'' and inserting ``State, local, and tribal'';
(B) in subsection (b)(1), by striking ``the Secretary shall
annually award grants to States in the amounts calculated
under paragraph (2)'' and inserting ``each State shall be
entitled to annually receive from the Secretary in the
amounts calculated under paragraph (2), and the Secretary may
annually award to each Indian tribe and tribal organization
in accordance with paragraph (3), grants'';
(C) in subsection (b)(2)--
(i) in the paragraph heading, by inserting ``for a state''
after ``payment'';
(ii) in subparagraph (A), by striking ``to carry out'' and
inserting ``for grants to States under''; and
(iii) in subparagraph (B)(i), by striking ``such year'' and
inserting ``for grants to States under this subsection for
the fiscal year''; and
(D) in subsection (b), by redesignating paragraphs (3)
through (5) as paragraphs (4) through (6), respectively, and
inserting after paragraph (2) the following:
``(3) Amount of payment to indian tribe or tribal
organization.--The Secretary, in consultation with Indian
tribes and tribal organizations, shall determine the amount
of any grant to be made to each Indian tribe and tribal
organization under this subsection. Paragraphs (4) and (5)
shall apply to grantees under this paragraph in the same
manner in which the paragraphs apply to States.'';
(E) in subsection (c)--
(i) in paragraph (1), by striking ``to States'' and
inserting ``to States, Indian tribes, and tribal
organizations'';
(ii) in paragraph (2)--
(I) in the matter preceding subparagraph (A), by inserting
``and Indian tribes and tribal organizations'' after
``government''; and
(II) in subparagraph (D), by inserting ``or Indian tribe or
tribal organization, as the case may be'' after
``government'';
(iii) in paragraph (4), by inserting ``or Indian tribe or
tribal organization'' after ``a State'' the 1st place it
appears; and
(iv) in paragraph (5)--
(I) by inserting ``or Indian tribe or tribal organization''
after ``Each State''; and
(II) by inserting ``or Indian tribe or tribal organization,
as the case may be'' after ``the State''; and
(F) by adding at the end the following:
``(d) Definitions of Indian Tribe and Tribal
Organization.--In this section, the terms `Indian tribe' and
`tribal organization' have the meanings given the terms in
section 419.''.
(3) Conforming amendment.--Section 2011(2) of such Act (42
U.S.C. 1397j(2)) is amended by striking ``such services
provided to adults as the Secretary may specify'' and
inserting ``services provided by an entity authorized by or
under
[[Page H6495]]
State law address neglect, abuse, and exploitation of older
adults and people with disabilities''.
(c) Long-term Care Ombudsman Program Grants and Training.--
Section 2043 of the Social Security Act (42 U.S.C. 1397m-2)
is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, in addition to amounts otherwise
available, there are appropriated to the Secretary to carry
out this subsection--
``(A) $23,860,125 for fiscal year 2023; and
``(B) $31,813,500 for each of fiscal years 2024 and
2025.''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, in addition to amounts otherwise
available, there are appropriated to the Secretary
$31,813,500 for each of fiscal years 2023 through 2025 to
carry out this subsection.''.
(d) Incentives for Developing and Sustaining Structural
Competency in Providing Health and Human Services.--Part II
of subtitle B of title XX of the Social Security Act (42
U.S.C. 1397m-1397m-5) is amended by adding at the end the
following:
``SEC. 2047. INCENTIVES FOR DEVELOPING AND SUSTAINING
STRUCTURAL COMPETENCY IN PROVIDING HEALTH AND
HUMAN SERVICES.
``(a) Grants to States to Support Linkages to Legal
Services and Medical Legal Partnerships.--
``(1) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, in addition to amounts otherwise
available, there are appropriated to the Secretary
$530,225,000 for fiscal year 2023, to remain available for
the purposes of this subsection through fiscal year 2028.
``(2) Grants.--Within 2 years after the date of the
enactment of this section, the Secretary shall establish and
administer a program of grants to States to support the
adoption of evidence-based approaches to establishing or
improving and maintaining real-time linkages between health
and social services and supports for vulnerable elders or in
conjunction with authorized representatives of vulnerable
elders, including through the following:
``(A) Medical-legal partnerships.--The establishment and
support of medical-legal partnerships, the incorporation of
the partnerships in the elder justice framework and health
and human services safety net, and the implementation and
operation of such a partnership by an eligible grantee--
``(i) at the option of a State, in conjunction with an area
agency on aging;
``(ii) in a solo provider practice in a health professional
shortage area (as defined in section 332(a) of the Public
Health Service Act), a medically underserved community (as
defined in section 399V of such Act), or a rural area (as
defined in section 330J of such Act);
``(iii) in a minority-serving institution of higher
learning with health, law, and social services professional
programs;
``(iv) in a federally qualified health center, as described
in section 330 of the Public Health Service Act, or look-
alike, as described in section 1905(l)(2)(B) of this Act; or
``(v) in certain hospitals that are critical access
hospitals, Medicare-dependent hospitals, sole community
hospitals, rural emergency hospitals, or that serve a high
proportion of Medicare or Medicaid patients.
``(B) Legal hotlines development or expansion.--The
provision of incentives to develop, enhance, and integrate
platforms, such as legal assistance hotlines, that help to
facilitate the identification of older adults who could
benefit from linkages to available legal services such as
those described in subparagraph (A).
``(3) State reports.--Each State to which a grant is made
under this subsection shall submit to the Secretary biannual
reports on the activities carried out by the State pursuant
to this subsection, which shall include assessments of the
effectiveness of the activities with respect to--
``(A) the number of unique individuals identified through
the mechanism outlined in paragraph (2)(B) who are referred
to services described in paragraph (2)(A), and the average
time period associated with resolving issues;
``(B) the success rate for referrals to community-based
resources; and
``(C) other factors determined relevant by the Secretary.
``(4) Evaluation.--The Secretary shall, by grant, contract,
or interagency agreement, evaluate the activities conducted
pursuant to this subsection, which shall include a comparison
among the States.
``(5) Supplement not supplant.--Support provided to area
agencies on aging, State units on aging, eligible entities,
or other community-based organizations pursuant to this
subsection shall be used to supplement and not supplant any
other Federal, State, or local funds expended to provide the
same or comparable services described in this subsection.
``(b) Grants and Training to Support Area Agencies on Aging
or Other Community-based Organizations to Address Social
Isolation Among Vulnerable Older Adults and People With
Disabilities.--
``(1) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, in addition to amounts otherwise
available, there are appropriated to the Secretary
$265,112,500 for fiscal year 2023, to remain available for
the purposes of this subsection through fiscal year 2028.
``(2) Grants.--The Secretary shall make grants to eligible
area agencies on aging or other community-based organizations
for the purpose of--
``(A) conducting outreach to individuals at risk for, or
already experiencing, social isolation or loneliness, through
established screening tools or other methods identified by
the Secretary;
``(B) developing community-based interventions for the
purposes of mitigating loneliness or social isolation
(including evidence-based programs, as defined by the
Secretary, developed with multi-stakeholder input for the
purposes of promoting social connection, mitigating social
isolation or loneliness, or preventing social isolation or
loneliness) among at-risk individuals;
``(C) connecting at-risk individuals with community social
and clinical supports; and
``(D) evaluating the effect of programs developed and
implemented under subparagraphs (B) and (C).
``(3) Training.--The Secretary shall establish programs to
provide and improve training for area agencies on aging or
community-based organizations with respect to addressing and
preventing social isolation and loneliness among older adults
and people with disabilities.
``(4) Evaluation.--Not later than 3 years after the date of
the enactment of this section and at least once after fiscal
year 2025, the Secretary shall submit to the Congress a
written report which assesses the extent to which the
programs established under this subsection address social
isolation and loneliness among older adults and people with
disabilities.
``(5) Coordination.--The Secretary shall coordinate with
resource centers, grant programs, or other funding mechanisms
established under section 411(a)(18) of the Older Americans
Act (42 U.S.C. 3032(a)(18)), section 417(a)(1) of such Act
(42 U.S.C. 3032F(a)(1)), or other programs as determined by
the Secretary.
``(c) Definitions.--In this section:
``(1) Area agency on aging.--The term `area agency on
aging' means an area agency on aging designated under section
305 of the Older Americans Act of 1965.
``(2) Social isolation.--The term `social isolation' means
objectively being alone, or having few relationships or
infrequent social contact.
``(3) Loneliness.--The term `loneliness' means subjectively
feeling alone, or the discrepancy between one's desired level
of social connection and one's actual level of social
connection.
``(4) Social connection.--The term `social connection'
means the variety of ways one can connect to others socially,
through physical, behavioral, social-cognitive, and emotional
channels.
``(5) Community-based organization.--The term `community-
based organization' includes, except as otherwise provided by
the Secretary, a nonprofit community-based organization, a
consortium of nonprofit community-based organizations, a
national nonprofit organization acting as an intermediary for
a community-based organization, or a community-based
organization that has a fiscal sponsor that allows the
organization to function as an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.''.
(e) Technical Amendment.--Section 2011(12)(A) of the Social
Security Act (42 U.S.C. 1397j(12)(A)) is amended by striking
``450b'' and inserting ``5304''.
SEC. 134202. APPROPRIATION FOR ASSESSMENTS.
Out of any money in the Treasury not otherwise
appropriated, in addition to amounts otherwise available,
there are appropriated to the Secretary of Health and Human
Services $5,302,250 for each of fiscal years 2023 through
2026 to prepare and submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate, not later than 3 years after the date of
enactment of this Act, and at least once after fiscal year
2025, reports on the programs, coordinating bodies,
registries, and activities established or authorized under
subtitle B of title XX of the Social Security Act or section
6703(b) of the Patient Protection and Affordable Care Act (42
U.S.C. 1395i-3a), which shall assess the extent to which such
programs, coordinating bodies, registries, and activities
have improved access to, and the quality of, resources
available to aging Americans and their caregivers to
ultimately prevent, detect, and treat abuse, neglect, and
exploitation, and shall include, as appropriate,
recommendations to Congress on funding levels and policy
changes to help these programs, coordinating bodies,
registries, and activities better prevent, detect, and treat
abuse, neglect, and exploitation of aging Americans.
Subtitle E--Infrastructure Financing and Community Development
SEC. 135001. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
subtitle an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
PART 1--LOW INCOME HOUSING CREDIT
SEC. 135101. INCREASES IN STATE ALLOCATIONS.
(a) In General.--Section 42(h)(3)(I) is amended to read as
follows:
``(I) Increase in state housing credit ceiling after
2021.--
``(i) In general.--In the case of calendar years 2022
through 2025, the dollar amounts under subclauses (I) and
(II) of subparagraph (C)(ii) for any such calendar year shall
be determined in accordance with the following table:
------------------------------------------------------------------------
The
subclause The
``In the case of calendar year: (I) subclause
amount (II) amount
shall be: shall be:
------------------------------------------------------------------------
2022............................................ $3.14 $3,629,096
[[Page H6496]]
2023............................................ $3.54 $4,081,825
2024............................................ $3.97 $4,582,053
2025............................................ $2.65 $3,120,000
------------------------------------------------------------------------
``(ii) Inflation adjustment after 2025.--In the case of
calendar years after 2025, the subclause (I) and (II) dollar
amounts shall be the respective dollar amounts corresponding
to calendar year 2025 in the table under clause (i) each
increased by an amount equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2024' for `calendar year 2016' in paragraph
(A)(ii) thereof.
Any increase under this clause shall be rounded to the
nearest cent in the case of the subclause (I) amount and the
nearest dollar in the case of the subclause (II) amount.''.
(b) Effective Date.--The amendments made by this section
shall apply to calendar years beginning after December 31,
2021.
SEC. 135102. TAX-EXEMPT BOND FINANCING REQUIREMENT.
(a) In General.--Section 42(h)(4)(B) is amended to read as
follows:
``(B) Special rule where a required percent of buildings is
financed with tax-exempt bonds subject to volume cap.--For
purposes of subparagraph (A), paragraph (1) shall not apply
to any portion of the credit allowable under subsection (a)
with respect to a building if--
``(i) 50 percent or more of the aggregate basis of any such
building and the land on which the building is located is
financed by any obligation described in subparagraph (A), or
``(ii) 25 percent or more of the aggregate basis of such
building and the land on which the building is located is
financed by any obligation described in subparagraph (A) and
issued in calendar year 2022, 2023, 2024, 2025, or 2026.''.
(b) Effective Date.--The amendment made by this section
shall apply to any building some portion of which, or of the
land on which the building is located, is financed by an
obligation which is described in section 42(h)(4)(A) and
which is part of an issue the issue date of which is after
December 31, 2021.
SEC. 135103. BUILDINGS DESIGNATED TO SERVE EXTREMELY LOW-
INCOME HOUSEHOLDS.
(a) Reserved State Allocation.--
(1) In general.--Section 42(h) is amended--
(A) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively, and
(B) by inserting after paragraph (5) the following new
paragraph:
``(6) Portion of state ceiling set-aside for projects
designated to serve extremely low-income households.--
``(A) In general.--Not more than 92 percent of the portion
of the State housing credit ceiling amount described in
paragraph (3)(C)(ii) for any State for any calendar year
shall be allocated to buildings other than buildings
described in subparagraph (B).
``(B) Buildings described.--A building is described in this
subparagraph if 20 percent or more of the residential units
in such building are rent-restricted (determined as if the
imputed income limitation applicable to such units were 30
percent of area median gross income) and are designated by
the taxpayer for occupancy by households the aggregate
household income of which does not exceed the greater of--
``(i) 30 percent of area median gross income, or
``(ii) 100 percent of an amount equal to the Federal
poverty line (within the meaning of section 36B(d)(3)).
``(C) Exception.--A building shall not be treated as
described in subparagraph (B) if such building is a part of a
qualified low-income housing project elected by the taxpayer
to meet the requirements of subsection (f)(1)(C).
``(D) State may not override set-aside.--Nothing in
subparagraph (F) of paragraph (3) shall be construed to
permit a State not to comply with subparagraph (A) of this
paragraph.''.
(2) Conforming amendment.--Section 42(b)(4)(C) is amended
by striking ``(h)(7)'' and inserting ``(h)(8)''.
(b) Increase in Credit.--Paragraph (5) of section 42(d) is
amended by adding at the end the following new subparagraph:
``(C) Increase in credit for projects designated to serve
extremely low-income households.--
``(i) In general.--In the case of any building--
``(I) which is described in subsection (h)(6)(B), and
``(II) which is designated by the housing credit agency as
requiring the increase in credit under this subparagraph in
order for such building to be financially feasible as part of
a qualified low-income housing project,
subparagraph (B) shall not apply to the portion of such
building which is comprised of such units, and the eligible
basis of such portion of the building shall be 150 percent of
such basis determined without regard to this subparagraph.
``(ii) Allocation rules applicable to projects to which
clause (i) applies.--
``(I) State housing credit ceiling.--For any calendar year,
the housing credit agency shall not allocate more than 13
percent of the portion of the State housing credit ceiling
amount described in subsection (h)(3)(C)(ii) to buildings to
which clause (i) applies, and
``(II) Private activity bond volume cap.--In the case of
projects financed by tax-exempt bonds as described in
subsection (h)(4), for any calendar year, the State shall not
issue more than 8 percent of the private activity bond volume
cap as described in section 146(d)(1) to buildings to which
clause (i) applies.''.
(c) Effective Date.--The amendments made by this section
shall apply to allocations of housing credit dollar amount
after December 31, 2021, and to buildings that are described
in section 42(h)(4)(B) taking into account only obligations
that are part of an issue the issue date of which is after
December 31, 2021.
SEC. 135104. REPEAL OF QUALIFIED CONTRACT OPTION.
(a) Termination of Option for Certain Buildings.--
(1) In general.--Subclause (II) of section 42(h)(7)(E)(i),
as redesignated by section 135403, is amended by inserting
``in the case of a building described in clause (iii),''
before ``on the last day''.
(2) Buildings described.--Subparagraph (E) of section
42(h)(7), as so redesignated, is amended by adding at the end
the following new clause:
``(iii) Buildings described.--A building described in this
clause is a building--
``(I) which received its allocation of housing credit
dollar amount before January 1, 2022, or
``(II) in the case of a building any portion of which is
financed as described in paragraph (4), and which received
before January 1, 2022, under the rules of paragraphs (1) and
(2) of subsection (m), a determination from the issuer of the
tax-exempt bonds or the housing credit agency that the
building would be eligible under the qualified allocation
plan to receive an allocation of housing credit dollar amount
or that the credits to be earned are necessary for financial
feasibility of the project and its viability as a qualified
low-income housing project throughout the credit period.''.
(b) Rules Relating to Existing Projects.--Subparagraph (F)
of section 42(h)(7), as redesignated by section 135403, is
amended by striking ``the nonlow-income portion'' and all
that follows and inserting ``the nonlow-income portion and
the low-income portion of the building for fair market value
(determined by the housing credit agency by taking into
account the rent restrictions required for the low-income
portion of the building to continue to meet the standards of
paragraphs (1) and (2) of subsection (g)). The Secretary
shall prescribe such regulations as may be necessary or
appropriate to carry out this paragraph.''.
(c) Conforming Amendments.--
(1) Paragraph (7) of section 42(h), as redesignated by
section 135403, is amended by striking subparagraph (G) and
by redesignating subparagraphs (H), (I), (J), and (K) as
subparagraphs (G), (H), (I), and (J), respectively.
(2) Subclause (II) of section 42(h)(7)(E)(i), as so
redesignated and as amended by subsection (a), is further
amended by striking ``subparagraph (I)'' and inserting
``subparagraph (H)''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to buildings with respect to which a written
request described in section 42(h)(7)(H) of the Internal
Revenue Code of 1986, as redesignated by section 135403 and
subsection (c), is submitted after the date of the enactment
of this Act.
SEC. 135105. MODIFICATION AND CLARIFICATION OF RIGHTS
RELATING TO BUILDING PURCHASE.
(a) Modification of Right of First Refusal.--
(1) In general.--Subparagraph (A) of section 42(i)(7) is
amended by striking ``a right of 1st refusal'' and inserting
``an option''.
(2) Conforming amendment.--The heading of paragraph (7) of
section 42(i) is amended by striking ``right of 1st refusal''
and inserting ``option''.
(b) Clarification With Respect to Right of First Refusal
and Purchase Options.--
(1) Purchase of partnership interest.--
(A) In general.--Subparagraph (A) of section 42(i)(7), as
amended by subsection (a), is amended by striking ``the
property'' and inserting ``the property or all of the
partnership interests (other than interests of the person
exercising such option or a related party thereto (within the
meaning of section 267(b) or 707(b)(1))) relating to the
property''.
(B) Application to S corporations and other pass-through
entities.--Subparagraph (A) of section 42(i)(7) is amended by
adding at the end the following: ``Except as provided by the
Secretary, the rules of this paragraph shall apply to S
corporations and other pass-through entities in the same
manner as such rules apply to partnerships.''
(C) Conforming amendment.--Subparagraph (B) of section
42(i)(7) is amended by adding at the end the following: ``In
the case of a purchase of all of the partnership interests,
the minimum purchase price under this subparagraph shall be
an amount not less than the sum of the interests' shares of
the amount which would be determined with respect to the
property under this subparagraph without regard to this
sentence.''.
(2) Property includes assets relating to the building.--
Paragraph (7) of section 42(i) is amended by adding at the
end the following new subparagraph:
``(C) Property.--For purposes of subparagraph (A), the term
`property' may include all or any of the assets held for the
development, operation, or maintenance of a building.''.
(3) Exercise of right of first refusal and purchase
options.--Subparagraph (A) of section 42(i)(7), as amended by
subsection (a) and paragraph (1)(A), is amended by adding at
the end the following: ``For purposes of determining
[[Page H6497]]
whether an option, including a right of first refusal, to
purchase property or all of the partnership interests holding
(directly or indirectly) such property is described in the
preceding sentence--
``(i) such option or right of first refusal shall be
exercisable with or without the approval of any owner of the
project (including any partner, member, or affiliated
organization of such an owner), and
``(ii) a right of first refusal shall be exercisable in
response to any offer to purchase the property or all of the
partnership interests, including an offer by a related
party.''.
(c) Other Conforming Amendment.--Subparagraph (B) of
section 42(i)(7), as amended by subsection (b), is amended by
striking ``the sum of'' and all that follows through
``application of clause (ii).'' and inserting the following:
``the principal amount of outstanding indebtedness secured by
the building (other than indebtedness incurred within the 5-
year period ending on the date of the sale to the
tenants).''.
(d) Effective Dates.--
(1) Modification of right of first refusal.--The amendments
made by subsections (a) and (c) shall apply to agreements
entered into or amended after the date of the enactment of
this Act.
(2) Clarification.--The amendments made by subsection (b)
shall apply to agreements among the owners of the project
(including partners, members, and their affiliated
organizations) and persons described in section 42(i)(7)(A)
of the Internal Revenue Code of 1986 entered into before, on,
or after the date of the enactment of this Act.
(3) No effect on agreements.--None of the amendments made
by this section is intended to supersede express language in
any agreement with respect to the terms of a right of first
refusal or option permitted by section 42(i)(7) of the
Internal Revenue Code of 1986 in effect on the date of the
enactment of this Act.
PART 2--NEIGHBORHOOD HOMES INVESTMENT ACT
SEC. 135201. NEIGHBORHOOD HOMES CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by inserting after section 42 the
following new section:
``SEC. 42A. NEIGHBORHOOD HOMES CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the
neighborhood homes credit determined under this section for
the taxable year is, with respect to each qualified residence
sold by the taxpayer during such taxable year in an
affordable sale, the lesser of--
``(1) the excess (if any) of--
``(A) the reasonable development costs paid or incurred by
the taxpayer with respect to such qualified residence, over
``(B) the sale price of such qualified residence (reduced
by any reasonable expenses paid or incurred by the taxpayer
in connection with such sale), or
``(2) 35 percent of the lesser of--
``(A) the eligible development costs paid or incurred by
the taxpayer with respect to such qualified residence, or
``(B) 80 percent of the national median sale price for new
homes (as determined pursuant to the most recent census data
available as of the date on which the neighborhood homes
credit agency makes an allocation for the qualified project).
``(b) Development Costs.--For purposes of this section--
``(1) Reasonable development costs.--
``(A) In general.--The term `reasonable development costs'
means amounts paid or incurred for the acquisition of
buildings and land, construction, substantial rehabilitation,
demolition of structures, or environmental remediation, to
the extent that the neighborhood homes credit agency
determines that such amounts meet the standards specified
pursuant to subsection (f)(1)(C) (as of the date on which
construction or substantial rehabilitation is substantially
complete, as determined by such agency) and are necessary to
ensure the financial feasibility of such qualified residence.
``(B) Considerations in making determination.--In making
the determination under subparagraph (A), the neighborhood
homes credit agency shall consider--
``(i) the sources and uses of funds and the total
financing,
``(ii) any proceeds or receipts generated or expected to be
generated by reason of tax benefits, and
``(iii) the reasonableness of the developmental costs and
fees.
``(2) Eligible development costs.--The term `eligible
development costs' means the amount which would be reasonable
development costs if the amounts taken into account as paid
or incurred for the acquisition of buildings and land did not
exceed 75 percent of such costs determined without regard to
any amount paid or incurred for the acquisition of buildings
and land.
``(3) Substantial rehabilitation.--The term `substantial
rehabilitation' means amounts paid or incurred for
rehabilitation of a qualified residence if such amounts
exceed the greater of--
``(A) $20,000, or
``(B) 20 percent of the amounts paid or incurred by the
taxpayer for the acquisition of buildings and land with
respect to such qualified residence.
``(4) Construction and rehabilitation only after allocation
taken into account.--
``(A) In general.--The terms `reasonable development costs'
and `eligible development costs' shall not include any amount
paid or incurred before the date on which an allocation is
made to the taxpayer under subsection (e) with respect to the
qualified project of which the qualified residence is part
unless such amount is paid or incurred for the acquisition of
buildings or land.
``(B) Land and building acquisition costs.--Amounts paid or
incurred for the acquisition of buildings or land shall be
included under paragraph (A) only if paid or incurred not
more than 3 years before the date on which the allocation
referred to in subparagraph (A) is made. If the taxpayer
acquired any building or land from an entity (or any related
party to such entity) that holds an ownership interest in the
taxpayer, then such entity must also have acquired such
property within such 3-year period, and the acquisition cost
included under subparagraph (A) with respect to the taxpayer
shall not exceed the amount such entity paid or incurred to
acquire such property.
``(c) Qualified Residence.--For purposes of this section--
``(1) In general.--The term `qualified residence' means a
residence that--
``(A) is real property affixed on a permanent foundation,
``(B) is--
``(i) a house which is comprised of 4 or fewer residential
units,
``(ii) a condominium unit, or
``(iii) a house or an apartment owned by a cooperative
housing corporation (as defined in section 216(b)),
``(C) is part of a qualified project with respect to the
neighborhood homes credit agency has made an allocation under
subsection (e), and
``(D) is located in a qualified census tract (determined as
of the date of such allocation).
``(2) Qualified census tract.--
``(A) In general.--The term `qualified census tract' means
a census tract--
``(i) which--
``(I) has a median family income which does not exceed 80
percent of the median family income for the applicable area,
``(II) has a poverty rate that is not less than 130 percent
of the poverty rate of the applicable area, and
``(III) has a median value for owner-occupied homes that
does not exceed the median value for owner-occupied homes in
the applicable area,
``(ii) which--
``(I) is located in a city which has a population of not
less than 50,000 and such city has a poverty rate that is not
less than 150 percent of the poverty rate of the applicable
area,
``(II) has a median family income which does not exceed the
median family income for the applicable area, and
``(III) has a median value for owner-occupied homes that
does not exceed 80 percent of the median value for owner-
occupied homes in the applicable area,
``(iii) which--
``(I) is located in a nonmetropolitan county,
``(II) has a median family income which does not exceed the
median family income for the applicable area, and
``(III) has been designated by a neighborhood homes credit
agency under this clause, or
``(iv) which is not otherwise a qualified census tract and
is located in a disaster area (as defined in section
7508A(d)(3)), but only with respect to credits allocated in
any period during which the President of the United States
has determined that such area warrants individual or
individual and public assistance by the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
``(B) Applicable area.--The term `applicable area' means--
``(i) in the case of a metropolitan census tract, the
metropolitan area in which such census tract is located, and
``(ii) in the case of a census tract other than a census
tract described in clause (i), the State.
``(d) Affordable Sale.--For purposes of this section--
``(1) In general.--The term `affordable sale' means a sale
to a qualified homeowner of a qualified residence that the
neighborhood homes credit agency certifies as meeting the
standards promulgated under subsection (f)(1)(D) for a price
that does not exceed--
``(A) in the case of any qualified residence not described
in subparagraph (B), (C), or (D), the amount equal to the
product of 4 multiplied by the median family income for the
applicable area (as determined pursuant to the most recent
census data available as of the date of the contract for such
sale),
``(B) in the case of a house comprised of 2 residential
units, 125 percent of the amount described in subparagraph
(A),
``(C) in the case of a house comprised of 3 residential
units, 150 percent of the amount described in subparagraph
(A), or
``(D) in the case of a house comprised of 4 residential
units, 175 percent of the amount described in subparagraph
(A).
``(2) Qualified homeowner.--The term `qualified homeowner'
means, with respect to a qualified residence, an individual--
``(A) who owns and uses such qualified residence as the
principal residence of such individual, and
``(B) whose family income (determined as of the date that a
binding contract for the affordable sale of such residence is
entered into) is 140 percent or less of the median family
income for the applicable area in which the qualified
residence is located.
``(e) Credit Ceiling and Allocations.--
``(1) Credit limited based on allocations to qualified
projects.--
``(A) In general.--The credit allowed under subsection (a)
to any taxpayer for any taxable year with respect to one or
more qualified residences which are part of the same
qualified project shall not exceed the excess (if any) of--
``(i) the amount allocated by the neighborhood homes credit
agency under this paragraph to such taxpayer with respect to
such qualified project, over
``(ii) the aggregate amount of credit allowed under
subsection (a) to such taxpayer with respect to qualified
residences which are a part of such qualified project for all
prior taxable years.
[[Page H6498]]
``(B) Deadline for completion.--No credit shall be allowed
under subsection (a) with respect to any qualified residence
unless the affordable sale of such residence is during the 5-
year period beginning on the date of the allocation to the
qualified project of which such residence is a part (or, in
the case of a qualified residence to which subsection (i)
applies, the rehabilitation of such residence is completed
during such 5-year period).
``(2) Limitations on allocations to qualified projects.--
``(A) Allocations limited by state neighborhood homes
credit ceiling.--The aggregate amount allocated to taxpayers
with respect to qualified projects by the neighborhood homes
credit agency of any State for any calendar year shall not
exceed the State neighborhood homes credit amount of such
State for such calendar year.
``(B) Set-aside for certain projects involving qualified
nonprofit organizations.--Rules similar to the rules of
section 42(h)(5) shall apply for purposes of this section.
``(3) Determination of state neighborhood homes credit
ceiling.--
``(A) In general.--The State neighborhood homes credit
amount for a State for a calendar year is an amount equal to
the sum of--
``(i) the greater of--
``(I) the product of $3 ($6 in the case of calendar year
2025), multiplied by the State population (determined in
accordance with section 146(j)), or
``(II) $4,000,000 ($8,000,000 in the case of calendar year
2025), and
``(ii) any amount previously allocated to any taxpayer with
respect to any qualified project by the neighborhood homes
credit agency of such State which can no longer be allocated
to any qualified residence because the 5-year period
described in paragraph (1)(B) expires during calendar year.
``(B) Termination of additional amounts.--The amount
determined under subparagraph (A)(i) shall be zero with
respect to any calendar year beginning after December 31,
2025.
``(C) 3-year carryforward of unused limitation.--The State
neighborhood homes credit amount for a State for a calendar
year shall be increased by the excess (if any) of the State
neighborhood homes credit amount for such State for the
preceding calendar year over the aggregate amount allocated
by the neighborhood homes credit agency of such State during
such preceding calendar year. Any amount carried forward
under the preceding sentence shall not be carried past the
third calendar year after the calendar year in which such
credit amount originally arose, determined on a first-in,
first-out basis.
``(f) Responsibilities of Neighborhood Homes Credit
Agencies.--
``(1) In general.--Notwithstanding subsection (e), the
State neighborhood homes credit dollar amount shall be zero
for a calendar year unless the neighborhood homes credit
agency of the State--
``(A) allocates such amount pursuant to a qualified
allocation plan of the neighborhood homes credit agency,
``(B) allocates not more than 20 percent of amounts
allocated in the previous year (or for allocations made in
2022, not more than 20 percent of the neighborhood homes
credit ceiling for such year) to projects with respect to
qualified residences which--
``(i) are located in census tracts described in subsection
(c)(2)(A)(iii), (c)(2)(A)(iv), (i)(5), or
``(ii) are not located in a qualified census tract but meet
the requirements of (i)(8),
``(C) promulgates standards with respect to reasonable
qualified development costs and fees,
``(D) promulgates standards with respect to construction
quality,
``(E) in the case of any neighborhood homes credit agency
which makes an allocation to a qualified project which
includes any qualified residence to which subsection (i)
applies, promulgates standards with respect to protecting the
owners of such residences, including the capacity of such
owners to pay rehabilitation costs not covered by the credit
provided by this section and providing for the disclosure to
such owners of their rights and responsibilities with respect
to the rehabilitation of such residences, and
``(F) submits to the Secretary (at such time and in such
manner as the Secretary may prescribe) an annual report
specifying--
``(i) the amount of the neighborhood homes credits
allocated to each qualified project for the previous year,
``(ii) with respect to each qualified residence completed
in the preceding calendar year--
``(I) the census tract in which such qualified residence is
located,
``(II) with respect to the qualified project that includes
such qualified residence, the year in which such project
received an allocation under this section,
``(III) whether such qualified residence was new,
substantially rehabilitated and sold to a qualified
homeowner, or substantially rehabilitated pursuant to
subsection (i),
``(IV) the eligible development costs of such qualified
residence,
``(V) the amount of the neighborhood homes credit with
respect to such qualified residence,
``(VI) the sales price of such qualified residence, if
applicable, and
``(VII) the family income of the qualified homeowner
(expressed as a percentage of the applicable area median
family income for the location of the qualified residence),
and
``(iii) such other information as the Secretary may
require.
``(2) Qualified allocation plan.--For purposes of this
subsection, the term `qualified allocation plan' means any
plan which--
``(A) sets forth the selection criteria to be used to
prioritize qualified projects for allocations of State
neighborhood homes credit dollar amounts, including--
``(i) the need for new or substantially rehabilitated
owner-occupied homes in the area addressed by the project,
``(ii) the expected contribution of the project to
neighborhood stability and revitalization, including the
impact on neighborhood residents,
``(iii) the capability and prior performance of the project
sponsor, and
``(iv) the likelihood the project will result in long-term
homeownership,
``(B) has been made available for public comment, and
``(C) provides a procedure that the neighborhood homes
credit agency (or any agent or contractor of such agency)
shall follow for purposes of--
``(i) identifying noncompliance with any provisions of this
section, and
``(ii) notifying the Internal Revenue Service of any such
noncompliance of which the agency becomes aware.
``(g) Repayment.--
``(1) In general.--
``(A) Sold during 5-year period.--If a qualified residence
is sold during the 5-year period beginning immediately after
the affordable sale of such qualified residence referred to
in subsection (a), the seller (with respect to the sale
during such 5-year period) shall transfer an amount equal to
the repayment amount to the relevant neighborhood homes
credit agency.
``(B) Use of repayments.--A neighborhood homes credit
agency shall use any amount received pursuant to subparagraph
(A) only for purposes of qualified projects.
``(2) Repayment amount.--For purposes of paragraph (1)(A),
the repayment amount is an amount equal to 50 percent of the
gain from the sale to which the repayment relates, reduced by
20 percent for each year of the 5-year period referred to in
paragraph (1)(A) which ends before the date of such sale.
``(3) Lien for repayment amount.--A neighborhood homes
credit agency receiving an allocation under this section
shall place a lien on each qualified residence that is built
or rehabilitated as part of a qualified project for an amount
such agency deems necessary to ensure potential repayment
pursuant to paragraph (1)(A).
``(4) Denial of deductions if converted to rental
housing.--If, during the 5-year period described in paragraph
(1), an individual who owns a qualified residence fails to
use such qualified residence as such individual's principal
residence for any period of time, no deduction shall be
allowed for expenses paid or incurred by such individual with
respect to renting, during such period of time, such
qualified residence.
``(5) Waiver.--The neighborhood homes credit agency may
waive the repayment required under paragraph (1)(A) in the
case of homeowner experiencing a hardship.
``(h) Other Definitions and Special Rules.--For purposes of
this section--
``(1) Neighborhood homes credit agency.--The term
`neighborhood homes credit agency' means the agency
designated by the governor of a State as the neighborhood
homes credit agency of the State.
``(2) Qualified project.--The term `qualified project'
means a project that a neighborhood homes credit agency
certifies will build or substantially rehabilitate one or
more qualified residences.
``(3) Determinations of family income.--Rules similar to
the rules of section 143(f)(2) shall apply for purposes of
this section.
``(4) Possessions treated as states.--The term `State'
includes the District of Columbia and the possessions of the
United States.
``(5) Special rules related to condominiums and cooperative
housing corporations.--
``(A) Determination of development costs.--In the case of a
qualified residence described in clause (ii) or (iii) of
subsection (c)(1)(A), the reasonable development costs and
eligible development costs of such qualified residence shall
be an amount equal to such costs, respectively, of the entire
condominium or cooperative housing property in which such
qualified residence is located, multiplied by a fraction--
``(i) the numerator of which is the total floor space of
such qualified residence, and
``(ii) the denominator of which is the total floor space of
all residences within such property.
``(B) Tenant-stockholders of cooperative housing
corporations treated as owners.--In the case of a cooperative
housing corporation (as such term is defined in section
216(b)), a tenant-stockholder shall be treated as owning the
house or apartment which such person is entitled to occupy.
``(6) Related party sales not treated as affordable
sales.--
``(A) In general.--A sale between related persons shall not
be treated as an affordable sale.
``(B) Related persons.--For purposes of this paragraph, a
person (in this subparagraph referred to as the `related
person') is related to any person if the related person bears
a relationship to such person specified in section 267(b) or
707(b)(1), or the related person and such person are engaged
in trades or businesses under common control (within the
meaning of subsections (a) and (b) of section 52). For
purposes of the preceding sentence, in applying section
267(b) or 707(b)(1), `10 percent' shall be substituted for
`50 percent'.
``(7) Inflation adjustment.--
``(A) In general.--In the case of a calendar year after
2022, the dollar amounts in subsections (b)(3)(A),
(e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and (i)(2)(C) shall each
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
[[Page H6499]]
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2021' for `calendar year 2016' in subparagraph
(A)(ii) thereof.
``(B) Rounding.--
``(i) In the case of the dollar amounts in subsection
(b)(3)(A) and (i)(2)(C), any increase under paragraph (1)
which is not a multiple of $1,000 shall be rounded to the
nearest multiple of $1,000.
``(ii) In the case of the dollar amount in subsection
(e)(3)(A)(i)(I), any increase under paragraph (1) which is
not a multiple of $0.01 shall be rounded to the nearest
multiple of $0.01.
``(iii) In the case of the dollar amount in subsection
(e)(3)(A)(i)(II), any increase under paragraph (1) which is
not a multiple of $100,000 shall be rounded to the nearest
multiple of $100,000.
``(8) Report.--
``(A) In general.--The Secretary shall annually issue a
report, to be made available to the public, which contains
the information submitted pursuant to subsection (f)(1)(F).
``(B) De-identification.--The Secretary shall ensure that
any information made public pursuant to paragraph (1)
excludes any information that would allow for the
identification of qualified homeowners.
``(9) List of qualified census tracts.--The Secretary of
Housing and Urban Development shall, for each year, make
publicly available a list of qualified census tracts under--
``(A) on a combined basis, clauses (i) and (ii) of
subsection (c)(2)(A),
``(B) clause (iii) of such subsection, and
``(C) subsection (i)(5)(A).
``(i) Application of Credit With Respect to Owner-occupied
Rehabilitations.--
``(1) In general.--In the case of a qualified
rehabilitation by the taxpayer of any qualified residence
which is owned (as of the date that the written binding
contract referred to in paragraph (3) is entered into) by a
specified homeowner, the rules of paragraphs (2) through (7)
shall apply.
``(2) Alternative credit determination.--In the case of any
qualified residence described in paragraph (1), the
neighborhood homes credit determined under subsection (a)
with respect to such residence shall (in lieu of any credit
otherwise determined under subsection (a) with respect to
such residence) be allowed in the taxable year during which
the qualified rehabilitation is completed (as determined by
the neighborhood homes credit agency) and shall be equal to
the least of--
``(A) the excess (if any) of--
``(i) the amounts paid or incurred by the taxpayer for the
qualified rehabilitation of the qualified residence to the
extent that such amounts are certified by the neighborhood
homes credit agency (at the time of the completion of such
rehabilitation) as meeting the standards specified pursuant
to subsection (f)(1)(C), over
``(ii) any amounts paid to such taxpayer for such
rehabilitation,
``(B) 50 percent of the amounts described in subparagraph
(A)(i), or
``(C) $50,000.
``(3) Qualified rehabilitation.--
``(A) In general.--For purposes of this subsection, the
term `qualified rehabilitation' means a rehabilitation or
reconstruction performed pursuant to a written binding
contract between the taxpayer and the qualified homeowner if
the amount paid or incurred by the taxpayer in the
performance of such rehabilitation or reconstruction exceeds
the dollar amount in effect under subsection (b)(3)(A).
``(B) Application of limitation to expenses paid or
incurred after allocation.--A rule similar to the rule of
section (b)(4) shall apply for purposes of this subsection.
``(4) Specified homeowner.--For purposes of this
subsection, the term `qualified homeowner' means, with
respect to a qualified residence, an individual--
``(A) who owns and uses such qualified residence as the
principal residence of such individual as of the date that
the written binding contract referred to in paragraph (3) is
entered into, and
``(B) whose family income (determined as of such date) does
not exceed the median family income for the applicable area
(with respect to the census tract in which the qualified
residence is located).
``(5) Additional census tracts in which owner-occupied
residences may be located.--In the case of any qualified
residence described in paragraph (1), the term `qualified
census tract' includes any census tract which--
``(A) meets the requirements of subsection (c)(2)(A)(i)
without regard to subclause (III) thereof, and
``(B) is designated by the neighborhood homes credit agency
for purposes of this paragraph.
``(6) Modification of repayment requirement.--In the case
of any qualified residence described in paragraph (1),
subsection (g) shall be applied by beginning the 5-year
period otherwise described therein on the date on which the
qualified owner acquired the residence.
``(7) Related parties.--Paragraph (1) shall not apply if
the taxpayer is the owner of the qualified residence
described in paragraph (1) or is related (within the meaning
of subsection (h)(6)(B)) to such owner.
``(8) Pyrrhotite remediation.--The requirement of
subsection (c)(1)(C) shall not apply to a qualified
rehabilitation under this subsection of a qualified residence
that is documented by an engineer's report and core testing
to have a foundation that is adversely impacted by pyrrhotite
or other iron sulfide minerals.
``(j) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section, including regulations that
prevent avoidance of the rules, and abuse of the purposes, of
this section.''.
(b) Credit Allowed as Part of General Business Credit.--
Section 38(b), as amended by the preceding provisions of this
Act, is amended by striking ``plus'' at the end of paragraph
(34), by striking the period at the end of paragraph (35) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(36) the neighborhood homes credit determined under
section 42A(a),''.
(c) Credit Allowed Against Alternative Minimum Tax.--
Section 38(c)(4)(B), as amended by the preceding provisions
of this Act, is amended by redesginating clauses (iv) through
(xiii) as clauses (v) through (xiv), respectively, and by
inserting after clause (iii) the following new clause:
``(iv) the credit determined under section 42A,''.
(d) Conforming Amendments.--
(1) Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of
section 469 are each amended by inserting ``or 42A'' after
``section 42''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 42 the following new item:
``Sec. 42A. Neighborhood homes credit.''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
PART 3--INVESTMENTS IN TRIBAL INFRASTRUCTURE
SEC. 135301. TREATMENT OF INDIAN TRIBES AS STATES WITH
RESPECT TO BOND ISSUANCE.
(a) In General.--Section 7871(c) is amended to read as
follows:
``(c) Special Rules for Tax-exempt Bonds.--
``(1) In general.--In applying section 146 to bonds issued
by Indian Tribal Governments the Secretary shall annually--
``(A) establish a national bond volume cap based on the
greater of--
``(i) the State population formula approach in section
146(d)(1)(A) (using national Tribal population estimates
supplied annually by the Department of the Interior in
consultation with the Census Bureau), and
``(ii) the minimum State ceiling amount in section
146(d)(1)(B) (as adjusted in accordance with the cost of
living provision in section 146(d)(2)), and
``(B) allocate such national bond volume cap among all
Indian Tribal Governments seeking such an allocation in a
particular year under regulations prescribed by the
Secretary.
``(2) Application of geographic restriction.--In the case
of national bond volume cap allocated under paragraph (1),
section 146(k)(1) shall not apply to the extent that such cap
is used with respect to financing for a facility located on
qualified Indian lands.
``(3) Restriction on financing of certain gaming
facilities.--No portion of the volume cap allocated under
this subsection may be used with respect to the financing of
any portion of a building in which class II or class III
gaming (as defined in section 4 of the Indian Gaming
Regulatory Act) is conducted or housed or any property
actually used in the conduct of such gaming.
``(4) Definitions and special rules.--For purposes of this
subsection--
``(A) Indian tribal government.--The term `Indian Tribal
Government' means the governing body of an Indian Tribe,
band, nation, or other organized group or community, or of
Alaska Natives, which is recognized as eligible for the
special programs and services provided by the United States
to Indians because of their status as Indians, and also
includes any agencies, instrumentalities or political
subdivisions thereof.
``(B) Intertribal consortiums, etc.--In any case in which
an Indian Tribal Government has authorized an intertribal
consortium, a Tribal organization, or an Alaska Native
regional or village corporation, as defined in, or
established pursuant to, the Alaska Native Claims Settlement
Act, to plan for, coordinate or otherwise administer
services, finances, functions, or activities on its behalf
under this subsection, the authorized entity shall have the
rights and responsibilities of the authorizing Indian Tribal
Government only to the extent provided in the Authorizing
resolution.
``(C) Qualified indian lands.--The term `qualified Indian
lands' shall mean an Indian reservation as defined in section
3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)),
including lands which are within the jurisdictional area of
an Oklahoma Indian Tribe (as determined by the Secretary of
the Interior) and shall include lands outside a reservation
where the facility is to be placed in service in connection
with--
``(i) the active conduct of a trade or business by an
Indian Tribe on, contiguous to, within reasonable proximity
of, or with a substantial connection to, an Indian
reservation or Alaska Native village, or
``(ii) infrastructure (including roads, power lines, water
systems, railroad spurs, and communication facilities)
serving an Indian reservation or Alaska Native village.''.
(b) Conforming Amendment.--Subparagraph (B) of section
45(c)(9) is amended to read as follows:
``(B) Indian tribe.--For purposes of this paragraph, the
term `Indian tribe' has the meaning given the term `Indian
Tribal Government' by section 7871(c)(3)(A).''.
(c) Effective Date.--The amendments made by this section
shall apply to obligations issued in calendar years beginning
after the date of the enactment of this Act.
SEC. 135302. NEW MARKETS TAX CREDIT FOR TRIBAL STATISTICAL
AREAS.
(a) Additional Allocations for Tribal Statistical Areas.--
Section 45D(f) is amended by adding at the end the following
new paragraph:
[[Page H6500]]
``(5) Additional allocations for tribal statistical
areas.--
``(A) In general.--In the case of calendar years 2022
through 2025, there is (in addition to any limitation under
any other paragraph of this subsection) a new markets tax
credit limitation of $175,000,000 which shall be allocated by
the Secretary as provided in paragraph (2) except that such
limitation may only be allocated with respect to Tribal
Statistical Areas.
``(B) Carryover of unused tribal statistical area
limitation.--
``(i) In general.--If the credit limitation under
subparagraph (A) for any calendar year exceeds the amount of
such limitation allocated by the Secretary for such calendar
year, such limitation for the succeeding calendar year shall
be increased by the amount of such excess.
``(ii) Limitation on carryover.--No amount of credit
limitation may be carried under clause (i) past the 5th
calendar year following the calendar year in which such
amount of credit limitation arose.
``(iii) Transfer of expired tribal statistical area
limitation to general limitation.--In the case of any amount
of credit limitation which would (but for clause (ii)) be
carried under clause (i) to the 6th calendar year following
the calendar year in which such amount of credit limitation
arose, the new market tax credit limitation under paragraph
(1) for such 6th calendar year shall be increased by the
amount of such credit limitation, except that no such
increase shall be made for any calendar year after 2030.
``(C) Tribal statistical area.--For purposes of this
paragraph, the term `Tribal Statistical Area' means--
``(i) any low-income community which is located in any
Tribal Census Tract, Oklahoma Tribal Statistical Area,
Tribal-Designated Statistical Area, Alaska Native Village
Statistical Area, or Hawaiian Home Land, and
``(ii) any low-income community described in subsection
(e)(1)(B).''.
(b) Eligibility of Certain Projects Serving Tribal
Members.--Section 45D(e)(1) is amended to read as follows:
``(1) In general.--The term `low-income community' means
any area--
``(A) comprising a population census tract if--
``(i) the poverty rate for such tract is at least 20
percent, or
``(ii)(I) in the case of a tract not located within a
metropolitan area, the median family income for such tract
does not exceed 80 percent of statewide median family income,
or
``(II) in the case of a tract located within a metropolitan
area, the median family income for such tract does not exceed
80 percent of the greater of statewide median family income
or the metropolitan area median family income,
``(B) which is used for a qualified active low-income
community business which--
``(i) services a significant population of Tribal or Alaska
Native Village members who are residents of a low-income
community described in subsection (f)(5)(C)(i), and
``(ii) obtains a written statement from the relevant Indian
Tribal Government (within the meaning of section 7871(c))
that documents the eligibility such project with respect to
the requirement of clause (i).
Subparagraph (A)(ii) shall be applied using possession wide
median family income in the case of census tracts located
within a possession of the United States.''.
(c) Coordination With Existing Carryover.--Section
45D(f)(3) is amended--
(1) is amended by inserting ``under paragraph (1)'' after
``new markets tax credit limitation'', and
(2) by striking ``the aggregate amount allocated'' and
inserting ``the amount of such limitation allocated by the
Secretary''.
(d) Regulatory Authority.--Section 45D(i) is amended by
striking ``and'' at the end of paragraph (5), by striking the
period at the end of paragraph (6) and inserting ``, and'',
and by adding at the end the following new paragraph:
``(7) which provide documentation requirements for the
written statement required under subsection (e)(1)(B)(ii),
and
``(8) which provide procedures for determining which
projects under subsection (e)(1)(B) are qualified active low-
income community businesses with respect to the populations
described in such subsection. Such procedures shall take into
account the location needs of such projects, especially with
respect to projects that serve multiple tribal or Alaska
Native Village communities.''.
(e) Effective Date.--The amendments made by this section
shall apply to new markets tax credit limitation determined
for calendar years after December 31, 2021.
SEC. 135303. INCLUSION OF INDIAN AREAS AS DIFFICULT
DEVELOPMENT AREAS FOR PURPOSES OF CERTAIN
BUILDINGS.
(a) In General.--Subclause (I) of section 42(d)(5)(B)(iii)
is amended by inserting ``, or any Indian area'' before the
period at the end.
(b) Indian Area.--Clause (iii) of section 42(d)(5)(B) is
amended by redesignating subclause (II) as subclause (IV) and
by inserting after subclause (I) the following new
subclauses:
``(II) Indian area.--For purposes of subclause (I), the
term `Indian area' means any Indian area (as defined in
section 4(11) of the Native American Housing Assistance and
Self Determination Act of 1996 (25 U.S.C. 4103(11))).
``(III) Special rule for buildings in indian areas.--In the
case of an area which is a difficult development area solely
because it is an Indian area, a building shall not be treated
as located in such area unless such building is assisted or
financed under the Native American Housing Assistance and
Self Determination Act of 1996 (25 U.S.C. 4101 et seq.) or
the project sponsor is an Indian tribe (as defined in section
45A(c)(6)), a tribally designated housing entity (as defined
in section 4(22) of such Act (25 U.S.C. 4103(22))), or wholly
owned or controlled by such an Indian tribe or tribally
designated housing entity.''.
(c) Effective Date.--The amendments made by this section
shall apply to buildings placed in service after December 31,
2021.
PART 4--OTHER PROVISIONS
SEC. 135401. POSSESSIONS ECONOMIC ACTIVITY CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this
Act, is amended by adding at the end the following new
section:
``SEC. 45V. POSSESSIONS ECONOMIC ACTIVITY CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, in
the case of a qualified domestic corporation the possessions
economic activity credit determined under this section for a
taxable year is an amount equal to 20 percent of the sum of
the qualified possession wages and allocable employee fringe
benefit expenses paid or incurred by the taxpayer for the
taxable year.
``(b) Qualified Domestic Corporation; Qualified
Corporation.--For purposes of this section--
``(1) In general.--The term `qualified domestic
corporation' means any domestic corporation which is--
``(A) a qualified corporation, or
``(B) a United States shareholder of a foreign corporation
which--
``(i) is a qualified corporation, and
``(ii) is wholly owned by the United States shareholder
together with any corporations which are members of the same
affiliated group (within the meaning of section 1504(a)) as
such United States shareholder.
``(2) Qualified corporation.--The term `qualified
corporation' means any corporation if such corporation meets
the following requirements:
``(A) Source qualification.--80 percent or more of the
gross income of the corporation for the 3-year period
immediately preceding the close of the taxable year (or for
such part of such period immediately preceding the close of
such taxable year as may be applicable) was derived from
sources within a possession of the United States (determined
without regard to section 904(f)).
``(B) Trade or business qualification.--75 percent or more
of the gross income of the corporation for such period or
such part thereof was derived from the active conduct of a
trade or business within a possession of the United States.
``(3) Special rule for separate and clearly identified
units of foreign corporations.--
``(A) In general.--In the case of a United States
shareholder of a foreign corporation which--
``(i) is not a qualified corporation but with respect to
which the ownership requirements of paragraph (1)(B)(ii) are
met, and
``(ii) has an eligible foreign business unit which, if such
unit were a corporation, would be a qualified corporation
with respect to which such ownership requirements would be
met,
then, for purposes of this section, the United States
shareholder may elect to treat such unit as a separate
foreign corporation which meets the requirements of paragraph
(1)(B) and with respect to which such shareholder is a United
States shareholder.
``(B) Eligible foreign business unit.--For purposes of this
paragraph, the term `eligible foreign business unit' means a
separate and clearly identified foreign unit of a trade or
business, including a partnership or an entity treated as
disregarded as a separate entity from its owner (under
section 7701 or other provision under this title), which
maintains separate books and records.
``(C) Special election for affiliated groups.--In the case
of an affiliated group described in paragraph (1)(B)(ii), the
election under subparagraph (A) with respect to any eligible
foreign business unit shall be made by the common parent of
such group and shall apply uniformly to all members of such
group which are United States shareholders with respect to
the foreign corporation which has such unit.
``(c) Qualified Possession Wages.--For purposes of this
section--
``(1) In general.--The term `qualified possession wages'
means wages paid or incurred by the qualified corporation
during the taxable year in connection with the active conduct
of a trade or business within a possession of the United
States to any employee for services performed in such
possession, but only if such services are performed while the
principal place of employment of such employee is within such
possession.
``(2) Limitation on amount of wages taken into account.--
``(A) In general.--The amount of wages which may be taken
into account under paragraph (1) with respect to any employee
for any taxable year shall not exceed $50,000.
``(B) Treatment of part-time employees, etc.--If--
``(i) any employee is not employed by the qualified
corporation on a substantially full-time basis at all times
during the taxable year, or
``(ii) the principal place of employment of any employee
with the qualified corporation is not within a possession at
all times during the taxable year,
the limitation applicable under paragraph (1) with respect to
such employee shall be the appropriate portion (as determined
by the Secretary) of the limitation which would otherwise be
in effect under paragraph (1).
``(C) Wages.--
``(i) In general.--Except as provided in clause (ii), the
term `wages' has the meaning given to such term by subsection
(b) of section
[[Page H6501]]
3306 (determined without regard to any dollar limitation
contained in such section). For purposes of the preceding
sentence, such subsection (b) shall be applied as if the term
`United States' included all possessions of the United
States.
``(ii) Special rule for agricultural labor and railway
labor.--In any case to which subparagraph (A) or (B) of
paragraph (1) of section 51(h) applies, the term `wages' has
the meaning given to such term by section 51(h)(2).
``(3) Allocable employee fringe benefit expenses.--
``(A) In general.--The allocable employee fringe benefit
expenses of any qualified corporation for any taxable year is
an amount which bears the same ratio to the amount determined
under subparagraph (B) for such taxable year as--
``(i) the aggregate amount of the qualified corporation's
qualified possession wages for such taxable year, bears to
``(ii) the aggregate amount of the wages paid or incurred
by such qualified corporation during such taxable year.
In no event shall the amount determined under the preceding
sentence exceed 15 percent of the amount referred to in
clause (i).
``(B) Expenses taken into account.--For purposes of
subparagraph (A), the amount determined under this
subparagraph for any taxable year is the aggregate amount
allowable (or, in the case of a foreign corporation, which
would be allowable if such foreign corporation were a
domestic corporation) as a deduction under this chapter to
the qualified corporation for such taxable year with respect
to--
``(i) employer contributions under a stock bonus, pension,
profit-sharing, or annuity plan,
``(ii) employer-provided coverage under any accident or
health plan for employees, and
``(iii) the cost of life or disability insurance provided
to employees.
Any amount treated as wages under paragraph (2)(C) shall not
be taken into account under this subparagraph.
``(d) Special Rule for Qualified Small Domestic
Corporation.--For purposes of this section--
``(1) Increased credit percentage.--In the case of a
qualified small domestic corporation, subsection (a) shall be
applied by substituting `50 percent' for `20 percent'.
``(2) Qualified small domestic corporation.--
``(A) In general.--The term `qualified small domestic
corporation' means a qualified domestic corporation that
meets the requirements of subparagraphs (B) and (C).
``(B) Full-time employment.--A qualified domestic
corporation meets the requirements of this subparagraph if
the qualified corporation which is the qualified domestic
corporation under subsection (b)(1)(A) or the foreign
corporation under subsection (b)(1)(B)(i)--
``(i) has at least 5 full-time employees in a possession of
the United States for each year in the 3-year period
immediately preceding the close of the taxable year (or for
such part of such period immediately preceding the close of
such taxable year as may be applicable), and
``(ii) has not more than a total of 30 full-time employees
for each year in such 3-year period.
``(C) Gross receipts.--A qualified domestic corporation
meets the requirements of this subparagraph if the annual
gross receipts of the qualified domestic corporation (and all
persons related thereto) for each year in such 3-year period
is not more than $50,000,000.
``(3) Related persons.--In determining whether the
limitations under subparagraphs (B)(ii) and (C) of paragraph
(2) are met, all persons who are treated as a single employer
for purposes of subsection (a) or (b) of section 52 shall be
taken into account.
``(4) Amount of wages taken into account.--Subsection
(c)(2)(A) shall be applied by substituting `$142,800' for
`$50,000'.
``(e) Possession of the United States.--
``(1) In general.--The term `possession of the United
States' means American Samoa, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands.
``(2) Mirror code possessions.--In the case of any
possession of the United States with a mirror code tax system
(as defined in section 24(k)), this section shall not be
treated as part of the income tax laws of the United States
for purposes of determining the income tax law of such
possession unless such possession elects to have this section
be so treated.
``(f) Separate Application to Each Possession.--For
purposes of determining the amount of the credit allowed
under this section, this section shall be applied separately
with respect to each possession of the United States.
``(g) Termination.--No credit shall be allowed under this
section for any taxable year beginning after December 31,
2031.''.
(b) Credit Made Part of General Business Credit.--
Subsection (b) of section 38, as amended by the preceding
provisions of this Act, is amended by striking ``plus'' at
the end of paragraph (34), by striking the period at the end
of paragraph (35) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(36) the possessions economic activity credit determined
under section 45V.''.
(c) Clerical Amendment.--The table of sections for subpart
B of part IV of subchapter A of chapter 1 is amended by
adding at the end the following:
``Sec. 45V. Possessions economic activity credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act, and in the case of a qualified
corporation that is a foreign corporation, to taxable years
beginning after the date of enactment and to taxable years of
United States shareholders in which or with which such
taxable years of foreign corporations end.
SEC. 135402. TAX TREATMENT OF CERTAIN ASSISTANCE TO FARMERS,
ETC.
(a) In General.--For purposes of the Internal Revenue Code
of 1986, in the case of any payment described in section
1005(b) or 1006(e) of the American Rescue Plan Act of 2021
(as amended by this Act)--
(1) such payment shall not be included in the gross income
of the person on whose behalf, or to whom, such payment is
made,
(2) no deduction shall be denied, no tax attribute shall be
reduced, and no basis increase shall be denied, by reason of
the exclusion from gross income provided by paragraph (1),
and
(3) in the case of a partnership or S corporation on whose
behalf, or to whom, such a payment is made--
(A) any amount excluded from income by reason of paragraph
(1) shall be treated as tax exempt income for purposes of
sections 705 and 1366 of such Code, and
(B) except as provided by the Secretary of the Treasury (or
the Secretary's delegate), any increase in the adjusted basis
of a partner's interest in a partnership under section 705 of
such Code with respect to any amount described in
subparagraph (A) shall equal the partner's distributive share
of deductions resulting from interest that is part of such
payment and the partner's share, as determined under section
752 of such Code, of principal that is part of such payment.
(b) Authority to Waive Certain Information Reporting
Requirements.--The Secretary of the Treasury (or the
Secretary's delegate) may provide an exception from any
requirement to file an information return otherwise required
by chapter 61 of the Internal Revenue Code of 1986 with
respect to any amount excluded from gross income by reason of
subsection (a).
SEC. 135403. EXCLUSION OF AMOUNTS RECEIVED FROM STATE-BASED
CATASTROPHE LOSS MITIGATION PROGRAMS.
(a) In General.--Section 139 is amended by redesignating
subsection (h) as subsection (i) and by inserting after
subsection (g) the following new subsection:
``(h) State-Based Catastrophe Loss Mitigation Programs.--
``(1) In general.--Gross income shall not include any
amount received by an individual as a qualified catastrophe
mitigation payment under a program established by--
``(A) a State, or a political subdivision or
instrumentality thereof,
``(B) a joint powers authority, or
``(C) an entity created under State law to ensure the
availability of an adequate market of last resort for
essential property insurance, over which a State agency or
State department of insurance has regulatory oversight.
``(2) Qualified catastrophe mitigation payment.--For
purposes of this section, the term `qualified catastrophe
mitigation payment' means any amount which is received by an
individual to make improvements to such individual's
residence for the sole purpose of reducing the damage that
would be done to such residence by a windstorm, earthquake,
or wildfire.
``(3) No increase in basis.--Rules similar to the rules of
subsection (g)(3) shall apply in the case of this
subsection.''.
(b) Conforming Amendments.--
(1) Section 139(d) is amended by striking ``and qualified''
and inserting ``, qualified catastrophe mitigation payments,
and qualified''.
(2) Section 139(i) (as redesignated by subsection (a)) is
amended by striking ``or qualified'' and inserting ``,
qualified catastrophe mitigation payment, or qualified''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2020.
Subtitle F--Green Energy
SEC. 136001. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
subtitle an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
PART 1--RENEWABLE ELECTRICITY AND REDUCING CARBON EMISSIONS
SEC. 136101. EXTENSION AND MODIFICATION OF CREDIT FOR
ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
RESOURCES.
(a) In General.--The following provisions of section 45(d)
are each amended by striking ``January 1, 2022'' each place
it appears and inserting ``January 1, 2027'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (4)(B).
(4) Paragraph (6).
(5) Paragraph (7).
(6) Paragraph (9).
(7) Paragraph (11)(B).
(b) Base Credit Amount.--Section 45 is amended by striking
``1.5 cents'' each place it appears and inserting ``0.3
cents''.
(c) Application of Extension to Solar.--Section 45(d)(4)(A)
is amended by striking ``is placed in service before January
1, 2006'' and inserting ``the construction of which begins
before January 1, 2027.''.
(d) Extension of Election to Treat Qualified Facilities as
Energy Property.--Section 48(a)(5)(C)(ii) is amended by
striking ``January 1, 2022'' and inserting ``January 1,
2027''.
(e) Application of Extension to Wind Facilities.--
(1) In general.--Section 45(d)(1) is amended by striking
``January 1, 2022'' and inserting ``January 1, 2027''.
(2) Application of phaseout percentage.--
[[Page H6502]]
(A) Renewable electricity production credit.--Section
45(b)(5) is amended by inserting ``placed in service before
January 1, 2022'' after ``In the case of any facility''.
(B) Energy credit.--Section 48(a)(5)(E) is amended by
inserting ``placed in service before January 1, 2022'' after
``In the case of any facility''.
(3) Qualified offshore wind facilities under energy
credit.--Section 48(a)(5)(F)(i) is amended by striking
``offshore wind facility--'' and all that follows and
inserting the following: ``offshore wind facility,
subparagraph (E) shall not apply.''.
(f) Wage and Apprenticeship Requirements.--Section 45(b) is
amended by adding at the end the following new paragraphs:
``(6) Increased credit amount for qualified facilities.--
``(A) In general.--In the case of any qualified facility
which satisfies the requirements of subparagraph (B), the
amount of the credit determined under subsection (a)
(determined after the application of paragraphs (1) through
(5)) shall be equal to such amount multiplied by 5
(determined without regard to this sentence).
``(B) Qualified facility requirements.--A qualified
facility meets the requirements of this subparagraph if it is
one of the following:
``(i) A facility with a maximum net output of less than 1
megawatt.
``(ii) A facility the construction of which begins prior to
the date that is 60 days after the Secretary publishes
guidance with respect to the requirements of paragraphs (7)
and (8).
``(iii) A facility which satisfies the requirements of
paragraphs (7) and (8).
``(7) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified facility are that
the taxpayer shall ensure that any laborers and mechanics
employed by contractors and subcontractors in--
``(i) the construction of such facility, and
``(ii) for the period of the taxable year which is within
the 10-year period beginning on the date the facility was
originally placed in service, the alteration or repair of
such facility,
shall be paid wages at rates not less than the prevailing
rates for construction, alteration, or repair of a similar
character in the locality as most recently determined by the
Secretary of Labor, in accordance with subchapter IV of
chapter 31 of title 40, United States Code. For purposes of
determining an increased credit amount under paragraph (6)(A)
for a taxable year, the requirement under clause (ii) is
applied to such taxable year in which the alteration or
repair of the qualified facility occurs.''
``(B) Correction and penalty related to failure to satisfy
wage requirements.--
``(i) In general.--In the case of any taxpayer which fails
to satisfy the requirement under subparagraph (A) with
respect to the construction of any qualified facility or with
respect to the alteration or repair of a facility in any year
during the period described in subparagraph (A)(ii), such
taxpayer shall be deemed to have satisfied such requirement
under such subparagraph with respect to such facility for any
year if, with respect to any laborer or mechanic who was paid
wages at a rate below the rate described in such subparagraph
for any period during such year, such taxpayer--
``(I) makes payment to such laborer or mechanic in an
amount equal to the sum of--
``(aa) an amount equal to the difference between--
``(AA) the amount of wages paid to such laborer or mechanic
during such period, and
``(BB) the amount of wages required to be paid to such
laborer or mechanic pursuant to such subparagraph during such
period, plus
``(bb) interest on the amount determined under item (aa) at
the underpayment rate established under section 6621
(determined by substituting `6 percentage points' for `3
percentage points' in subsection (a)(2) of such section) for
the period described in such item, and
``(II) makes payment to the Secretary of a penalty in an
amount equal to the product of--
``(aa) $5,000, multiplied by
``(bb) the total number of laborers and mechanics who were
paid wages at a rate below the rate described in subparagraph
(A) for any period during such year.
``(ii) Deficiency procedures not to apply.--Subchapter B of
chapter 63 (relating to deficiency procedures for income,
estate, gift, and certain excise taxes) shall not apply with
respect to the assessment or collection of any penalty
imposed by this paragraph.
``(iii) Intentional disregard.--If the Secretary determines
that any failure described in subclause (i) is due to
intentional disregard of the requirements under subparagraph
(A), subclause (I) shall be applied by substituting `three
times the sum' for `the sum' in item (aa) thereof and
subclause (II) shall be applied by substituting `$10,000' for
`5,000' in item (aa) thereof.
``(iv) Limitation on period for payment.--Pursuant to rules
issued by the Secretary which are similar to the rules under
chapter 63, in the case of a final determination by the
Secretary with respect to any failure by the taxpayer to
satisfy the requirement under subparagraph (A), subparagraph
(B)(i) shall not apply unless the payments described in
subclauses (I) and (II) of such clause are made by the
taxpayer on or before the date which is 180 days after the
date of such determination.
``(8) Apprenticeship requirements.--The requirements
described in this subparagraph with respect to the
construction of any qualified facility are as follows:
``(A) Labor hours.--
``(i) Percentage of total labor hours.--Taxpayers shall
ensure that not less than the applicable percentage of the
total labor hours of the construction, alteration, or repair
work (including such work performed by any contractor or
subcontractor) on any qualified facility shall, subject to
subparagraph (B), be performed by qualified apprentices.
``(ii) Applicable percentage.--For purposes of clause (i),
the applicable percentage shall be--
``(I) in the case of a qualified facility the construction
of which begins before January 1, 2023, 10 percent,
``(II) in the case of a qualified facility the construction
of which begins after December 31, 2022, and before January
1, 2024, 12.5 percent, and
``(III) in the case of a qualified facility the
construction of which begins after December 31, 2023, 15
percent.
``(B) Apprentice to journeyworker ratio.--The requirement
under subparagraph (A)(i) shall be subject to any applicable
requirements for apprentice-to-journeyworker ratios of the
Department of Labor or the applicable State apprenticeship
agency.
``(C) Participation.--Each contractor and subcontractor who
employs 4 or more individuals to perform construction,
alteration, or repair work on a qualified facility shall
employ 1 or more qualified apprentices to perform such work.
``(D) Exception.--
``(i) In general.--A taxpayer shall not be treated as
failing to satisfy the requirements of this paragraph if such
taxpayer--
``(I) makes a good faith effort to comply with the
requirements of this paragraph, or
``(II) subject to clause (iii), in the case of any failure
by the taxpayer to satisfy the requirement under
subparagraphs (A) and (C) with respect to the construction,
alteration, or repair work on any qualified facility to which
subclause (I) does not apply, makes payment to the Secretary
of a penalty in an amount equal to the product of--
``(aa) $50, multiplied by
``(bb) the total labor hours for which the requirement
described in such subparagraph was not satisfied with respect
to the construction, alteration, or repair work on such
qualified facility.
``(ii) Good faith effort.--For purposes of clause (i), a
taxpayer shall be deemed to have satisfied the requirements
under such paragraph with respect to a qualified facility if
such taxpayer has requested qualified apprentices from a
registered apprenticeship program, as defined in section
3131(e)(3)(B), and--
``(I) such request has been denied, provided that such
denial is not the result of a refusal by the contractors or
subcontractors engaged in the performance of construction,
alteration, or repair work on such qualified facility to
comply with the established standards and requirements of the
registered apprenticeship program, or
``(II) the registered apprenticeship program fails to
respond to such request within 5 business days after the date
on which such registered apprenticeship program received such
request.
``(iii) Intentional disregard.--If the Secretary determines
that any failure described in subclause (i)(II) is due to
intentional disregard of the requirements under subparagraphs
(A) and (C), subclause (i)(II) shall be applied by
substituting `$500' for `$50' in item (aa) thereof.
``(E) Definitions.--For purposes of this paragraph--
``(i) Labor hours.--The term `labor hours'--
``(I) means the total number of hours devoted to the
performance of construction, alteration, or repair work by
employees of the taxpayer (including construction,
alteration, or repair work by any contractor or
subcontractor), and
``(II) excludes any hours worked by--
``(aa) foremen,
``(bb) superintendents,
``(cc) owners, or
``(dd) persons employed in a bona fide executive,
administrative, or professional capacity (within the meaning
of those terms in part 541 of title 29, Code of Federal
Regulations).
``(ii) Qualified apprentice.--The term `qualified
apprentice' means an individual who is an employee of the
contractor or subcontractor and who is participating in a
registered apprenticeship program, as defined in section
3131(e)(3)(B).
``(9) Domestic content bonus credit amount.--
``(A) In general.--In the case of any qualified facility
which satisfies the requirement under subparagraph (B), the
amount of the credit determined under subsection (a)
(determined after the application of paragraphs (1) through
(8)) shall be increased by an amount equal to 10 percent of
the amount otherwise in effect under such subsection.
``(B) Requirement.--
``(i) In general.--The requirement described in this
subclause with respect to any qualified facility is satisfied
if the taxpayer certifies to the Secretary (at such time, and
in such form and manner, as the Secretary may prescribe) that
any steel, iron, or manufactured product which is a component
of such facility (upon completion of construction) was
produced in the United States.
``(ii) Steel and iron.--
``(I) In general.--In the case of steel or iron, clause (i)
shall be applied in a manner consistent with section 661.5(b)
of title 49, Code of Federal Regulations.
``(II) Exception.--Subclause (I) shall not apply with
respect to any steel or iron which is used as a component or
subcomponent of a manufactured product which is not primarily
made of steel or iron.
``(iii) Manufactured product.--For purposes of clause (i),
the manufactured products which are components of a qualified
facility upon completion of construction shall be deemed to
have been produced in the United States if not less than the
adjusted percentage of the total costs across all such
manufactured products of such facility are attributable to
manufactured products (including components) which
[[Page H6503]]
are mined, produced, or manufactured in the United States.
``(C) Adjusted percentage.--
``(i) In general.--Subject to subclause (ii), for purposes
of subparagraph (B)(iii), the adjusted percentage shall be--
``(I) in the case of a facility the construction of which
begins before January 1, 2025, 40 percent,
``(II) in the case of a facility the construction of which
begins after December 31, 2024, and before January 1, 2026,
45 percent,
``(III) in the case of a facility the construction of which
begins after December 31, 2025, and before January 1, 2027,
50 percent, and
``(IV) in the case of a facility the construction of which
begins after December 31, 2026, 55 percent.
``(ii) Offshore wind facility.--For purposes of
subparagraph (B)(iii), in the case of a qualified facility
which is an offshore wind facility, the adjusted percentage
shall be--
``(I) in the case of a facility the construction of which
begins before January 1, 2025, 20 percent,
``(II) in the case of a facility the construction of which
begins after December 31, 2024, and before January 1, 2026,
27.5 percent,
``(III) in the case of a facility the construction of which
begins after December 31, 2025, and before January 1, 2027,
35 percent,
``(IV) in the case of a facility the construction of which
begins after December 31, 2026, and before January 1, 2028,
45 percent, and
``(V) in the case of a facility the construction of which
begins after December 31, 2027, 55 percent.
``(10) Phaseout for elective payment.--
``(A) In general.--In the case of a taxpayer making an
election under section 6417 with respect to a credit under
this section, the amount of such credit shall be replaced
with--
``(i) the value of such credit (determined without regard
to this paragraph), multiplied by
``(ii) the applicable percentage.
``(B) 100 percent applicable percentage for certain
qualified facilities.--In the case of any qualified
facility--
``(i) which satisfies the requirements under paragraph (9)
with respect to the construction of such facility, or
``(ii) with a maximum net output of less than 1 megawatt,
the applicable percentage shall be 100 percent.
``(C) Phased domestic content requirement.--Subject to
subparagraph (D), in the case of any qualified facility which
is not described in subparagraph (B), the applicable
percentage shall be--
``(i) if construction of such facility began before January
1, 2024, 100 percent,
``(ii) if construction of such facility began in calendar
year 2024, 90 percent,
``(iii) if construction of such facility began in calendar
year 2025, 85 percent, and
``(iv) if construction of such facility began after
December 31, 2025, 0 percent.
``(D) Exception.--
``(i) In general.--For purposes of this paragraph, the
Secretary shall provide appropriate exceptions to the
requirements under subparagraph (B) for the construction of
qualified facilities if--
``(I) the inclusion of domestic products increases the
overall costs of construction of qualified facilities by more
than 25 percent, or
``(II) relevant domestic products are not produced in the
United States in sufficient and reasonably available
quantities or of a satisfactory quality.
``(ii) Applicable percentage.--In any case in which the
Secretary provides an exception pursuant to clause (i), the
applicable percentage shall be 100 percent.
``(11) Special rule for qualified facility located in
energy community.--
``(A) In general.--In the case of a qualified facility
which is located in an energy community, the credit
determined under subsection (a) shall be increased by an
amount equal to 10 percent of the amount otherwise in effect
under such subsection (without application of subsection
(b)(9)).
``(B) Energy community.--The term `energy community' means
a census tract or any directly adjoining census tract in
which--
``(i) after December 31, 1999, a coal mine has closed, or
``(ii) after December 31, 2009, a coal-fired electric
generating unit has been retired.
``(12) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary or appropriate to carry out the purposes
of this subsection, including regulations or other guidance
which provides for requirements for recordkeeping or
information reporting for purposes of establishing the
requirements of this subsection.''.
(g) Credit Reduced for Tax-exempt Bonds.--Section 45(b)(3)
is amended to read as follows:
``(3) Credit reduced for tax-exempt bonds.--The amount of
the credit determined under subsection (a) with respect to
any facility for any taxable year (determined after the
application of paragraphs (1) and (2)) shall be reduced by
the amount which is the product of the amount so determined
for such year and the lesser of 15 percent or a fraction--
``(A) the numerator of which is the sum, for the taxable
year and all prior taxable years, of proceeds of an issue of
any obligations used to provide financing for the qualified
facility the interest on which is exempt from tax under
section 103, and
``(B) the denominator of which is the aggregate amount of
additions to the capital account for the qualified facility
for the taxable year and all prior taxable years.
The amounts under the preceding sentence for any taxable year
shall be determined as of the close of the taxable year.''.
(h) Rounding Adjustment.--Section 45(b)(2) is amended by
striking ``If any amount as increased under the preceding
sentence is not a multiple of 0.1 cent, such amount shall be
rounded to the nearest multiple of 0.1 cent'' and inserting
``If the 0.3 cent amount as increased under the preceding
sentence is not a multiple of 0.05 cent, such amount shall be
rounded to the nearest multiple of 0.05 cent. In any other
case, if an amount as increased under this paragraph is not a
multiple of 0.1 cent, such amount shall be rounded to the
nearest multiple of 0.1 cent''.
(i) Conforming Amendment.--Section 45(b)(4)(A) is amended
by striking ``last sentence'' and inserting ``last two
sentences''.
(j) Effective Dates.--
(1) The amendments made by subsections (a), (b), (c), (d),
(e), (f), (h), and (i) of this section shall apply to
facilities placed in service after December 31, 2021.
(2) The amendment made by subsection (g) shall apply to
facilities the construction of which begins after December
31, 2021.
SEC. 136102. EXTENSION AND MODIFICATION OF ENERGY CREDIT.
(a) Extension of Credit.--The following provisions of
section 48 are each amended by striking ``January 1, 2024''
each place it appears and inserting ``January 1, 2027'':
(1) Subsection (a)(2)(A)(i)(II).
(2) Subsection (a)(3)(A)(ii).
(3) Subsection (c)(1)(D).
(4) Subsection (c)(2)(D).
(5) Subsection (c)(4)(C).
(b) Further Extension for Certain Energy Property.--The
following provisions of section 48 are each amended by
striking ``January 1, 2024'' each place it appears and
inserting ``January 1, 2034'':
(1) Subsection (a)(3)(A)(vii).
(2) Subsection (c)(3)(A)(iv).
(c) Phaseout of Credit.--Section 48(a) is amended by
striking paragraphs (6) and (7) and inserting the following
new paragraph:
``(6) Phaseout for certain energy property.--In the case of
any qualified fuel cell property, qualified small wind
property, or energy property described in clause (i) or
clause (ii) of paragraph (3)(A) the construction of which
begins after December 31, 2019 and which is placed in service
before January 1, 2022, the energy percentage determined
under paragraph (2) shall be equal to 26 percent.''.
(d) Base Energy Percentage Amount.--Section 48(a) is
amended--
(1) in paragraph (2)(A)--
(A) in clause (i), by striking ``30 percent'' and inserting
``6 percent'', and
(B) in clause (ii), by striking ``10 percent'' and
inserting ``2 percent'', and
(2) in paragraph (5)(A)(ii), by striking ``30 percent'' and
inserting ``6 percent''.
(e) 6 Percent Credit for Geothermal.--Section
48(a)(2)(A)(i)(II) is amended by striking ``paragraph
(3)(A)(i)'' and inserting ``clause (i) or (iii) of paragraph
(3)(A)''.
(f) Energy Storage Technologies; Qualified Biogas Property;
Microgrid Controllers; Extension of Waste Energy Recovery
Property.--
(1) In general.--Section 48(a)(3)(A) is amended by striking
``or'' at the end of clause (vii), and by adding at the end
the following new clauses:
``(ix) energy storage technology,
``(x) qualified biogas property, or
``(xi) microgrid controllers,''.
(2) Application of 6 percent credit.--Section
48(a)(2)(A)(i) is amended by striking ``and'' at the end of
subclauses (IV) and (V) and adding at the end the following
new subclauses:
``(VI) energy storage technology,
``(VII) qualified biogas property,
``(VIII) microgrid controllers, and
``(IX) energy property described in clauses (v) and (vii)
of paragraph (3)(A), and''.
(3) Definitions.--Section 48(c) is amended by adding at the
end the following new paragraphs:
``(6) Energy storage technology.--
``(A) In general.--The term `energy storage technology'
means property (other than property primarily used in the
transportation of goods or individuals and not for the
production of electricity) which receives, stores, and
delivers energy for conversion to electricity (or, in the
case of hydrogen, which stores energy), and has a nameplate
capacity of not less than 5 kilowatt hours.
``(B) Modifications of certain property.--In the case of
any equipment which either--
``(i) would be described in subparagraph (A) except that
such equipment has a capacity of less than 5 kilowatt hours
and is modified such that such equipment (after such
modification) has a nameplate capacity of not less than 5
kilowatt hours, or
``(ii) is described in subparagraph (A) and which has a
capacity of not less than 5 kilowatt hours and is modified
such that such equipment (after such modification) has an
increased nameplate capacity,
such equipment shall be treated as described in subparagraph
(A) except that the basis of any property which was part of
such equipment before such modification shall not be taken
into account for purposes of this section. In the case of any
property to which this subparagraph applies, subparagraph (C)
shall be applied by substituting `modification' for
`construction'.
``(C) Termination.--The term `energy storage technology'
shall not include any property the construction of which does
not begin before January 1, 2027.
``(7) Qualified biogas property.--
``(A) In general.--The term `qualified biogas property'
means property comprising a system which--
``(i) converts biomass (as defined in section 45K(c)(3), as
in effect on the date of enactment of this paragraph) into a
gas which--
``(I) consists of not less than 52 percent methane by
volume, or
[[Page H6504]]
``(II) is concentrated by such system into a gas which
consists of not less than 52 percent methane, and
``(ii) captures such gas for sale or productive use, and
not for disposal via combustion.
``(B) Inclusion of cleaning and conditioning property.--The
term `qualified biogas property' includes any property which
is part of such system which cleans or conditions such gas.
``(C) Termination.--The term `qualified biogas property'
shall not include any property the construction of which does
not begin before January 1, 2027.
``(8) Microgrid controller.--
``(A) In general.--The term `microgrid controller' means
equipment which is--
``(i) part of a qualified microgrid, and
``(ii) designed and used to monitor and control the energy
resources and loads on such microgrid.
``(B) Qualified microgrid.--The term `qualified microgrid'
means an electrical system which--
``(i) includes equipment which is capable of generating not
less than 4 kilowatts and not greater than 20 megawatts of
electricity,
``(ii) is capable of operating--
``(I) in connection with the electrical grid and as a
single controllable entity with respect to such grid, and
``(II) independently (and disconnected) from such grid, and
``(iii) is not part of a bulk-power system (as defined in
section 215 of the Federal Power Act (16 U.S.C. 24o)).
``(C) Termination.--The term `microgrid controller' shall
not include any property the construction of which does not
begin before January 1, 2027.''.
(4) Denial of double benefit for qualified biogas
property.--Section 45(e) is amended by adding at the end the
following new paragraph:
``(12) Coordination with energy credit for qualified biogas
property.--The term `qualified facility' shall not include
any facility which produces electricity from gas produced by
qualified biogas property (as defined in section 48(c)(7)) if
a credit is determined under section 48 with respect to such
property for the taxable year or any prior taxable year.''.
(5) Extension of waste energy recovery property.--Section
48(c)(5)(D) is amended by striking ``January 1, 2024'' and
inserting ``January 1, 2034''.
(6) Phaseout of certain other energy property.--Section
48(a) is amended by adding at the end the following new
paragraph:
``(7) Phaseout for certain other energy property.--In the
case of any energy property described in clause (v), (vii) or
(viii) of paragraph (3)(A), the energy percentage determined
under paragraph (2) shall be equal to--
``(A) in the case of any property described in paragraph
(3)(A)(viii) the construction of which begins after December
31, 2019, and which is placed in service before January 1,
2022, 26 percent,
``(B) in the case of any property the construction of which
begins before January 1, 2032, and which is placed in service
after December 31, 2021, 6 percent,
``(C) in the case of any property the construction of which
begins after December 31, 2031 and before January 1, 2033,
5.2 percent, and
``(D) in the case of any property the construction of which
begins after December 31, 2032 and before January 1, 2034,
4.4 percent.''.
(g) Fuel Cells Using Electromechanical Processes.--
(1) In general.--Section 48(c)(1) is amended--
(A) in subparagraph (A)(i)--
(i) by inserting ``or electromechanical'' after
``electrochemical'', and
(ii) by inserting ``(1 kilowatt in the case of a fuel cell
power plant with a linear generator assembly)'' after ``0.5
kilowatt'', and
(B) in subparagraph (C)--
(i) by inserting ``, or linear generator assembly,'' after
``a fuel cell stack assembly'', and
(ii) by inserting ``or electromechanical'' after
``electrochemical''.
(2) Linear generator assembly limitation.--Section 48(c)(1)
is amended by redesignating subparagraph (D) as subparagraph
(E) and by inserting after subparagraph (C) the following new
subparagraph:
``(D) Linear generator assembly.--The term `linear
generator assembly' does not include any assembly which
contains rotating parts.''.
(h) Dynamic Glass.--Section 48(a)(3)(A)(ii) is amended by
inserting ``, or electrochromic glass which uses electricity
to change its light transmittance properties in order to heat
or cool a structure,'' after ``sunlight''.
(i) Coordination With Low Income Housing Tax Credit.--
Paragraph (3) of section 50(c) of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``and'' at the end of subparagraph (A),
(2) by striking the period at the end of subparagraph (B)
and inserting ``, and'', and
(3) by adding at the end the following new subparagraph:
``(C) paragraph (1) shall not apply for purposes of
determining eligible basis under section 42.''.
(j) Interconnection Property.--Section 48(a) is amended by
adding at the end the following new paragraph:
``(8) Interconnection property.--
``(A) In general.--For purposes of determining the credit
under subsection (a), energy property shall include amounts
paid or incurred by the taxpayer for qualified
interconnection property in connection with the installation
of energy property (described in paragraph (3)(A)) which has
a maximum net output of not greater than 5 megawatts, to
provide for the transmission or distribution of the
electricity produced or stored by such property, and which
are properly chargeable to the capital account of the
taxpayer.
``(B) Qualified interconnection property.--The term
`qualified interconnection property' means, with respect to
an energy project which is not a microgrid controller, any
tangible property--
``(i) which is part of an addition, modification, or
upgrade to a transmission or distribution system which is
required at or beyond the point at which the energy project
interconnects to such transmission or distribution system in
order to accommodate such interconnection,
``(ii) either--
``(I) which is constructed, reconstructed, or erected by
the taxpayer, or
``(II) for which the cost with respect to the construction,
reconstruction, or erection of such property is paid or
incurred by such taxpayer, and
``(iii) the original use of which, pursuant to an
interconnection agreement, commences with a utility.
``(C) Interconnection agreement.--The term `interconnection
agreement' means an agreement with a utility for the purposes
of interconnecting the energy property owned by such taxpayer
to the transmission or distribution system of such utility.
``(D) Utility.--The term `utility' means the owner or
operator of an electrical transmission or distribution system
which is subject to the regulatory authority of a State or
political subdivision thereof, any agency or instrumentality
of the United States, a public service or public utility
commission or other similar body of any State or political
subdivision thereof, or the governing or ratemaking body of
an electric cooperative.
``(E) Special rule for interconnection property.--In the
case of expenses paid or incurred for interconnection
property, amounts otherwise chargeable to capital account
with respect to such expenses shall be reduced under rules
similar to the rules of section 50(c).''.
(k) Wage and Apprenticeship Requirements.--Section 48(a) is
amended by adding at the end the following new paragraphs:
``(9) Increased credit amount for energy projects.--
``(A) In general.--
``(i) Rule.--In the case of any energy project which
satisfies the requirements of subparagraph (B), the amount of
the credit determined under this subsection (determined after
the application of paragraphs (1) through (8) shall be equal
to such amount multiplied by 5 (determined without regard to
this sentence).
``(ii) Energy project defined.--For purposes of this
subsection the term `energy project' means a project
consisting of one or more energy properties that are part of
a single project. The requirements of this paragraph shall be
applied to such project.
``(B) Project requirements.--A project meets the
requirements of this subparagraph if it is one of the
following:
``(i) A project with a maximum net output of less than 1
megawatt of electrical or thermal energy.
``(ii) A project the construction of which begins before
the date that is 60 days after the Secretary publishes
guidance with respect to the requirements of paragraphs (10)
and (11).
``(iii) A project which satisfies the requirements of
paragraphs (10) and (11).
``(10) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any energy project are that the
taxpayer shall ensure that any laborers and mechanics
employed by contractors and subcontractors in--
``(i) the construction of such energy project, and
``(ii) for the five-year period beginning on the date such
project is originally placed in service, the alteration or
repair of such project,
shall be paid wages at rates not less than the prevailing
rates for construction, alteration, or repair of a similar
character in the locality as most recently determined by the
Secretary of Labor, in accordance with subchapter IV of
chapter 31 of title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of clauses (i)
through (iv) of section 45(b)(7)(B) shall apply.
``(C) Recapture.--The Secretary shall, by regulations or
other guidance, provide for recapturing the benefit of any
increase in the credit allowed under this subsection by
reason of this paragraph with respect to any project which
does not satisfy the requirements under subparagraph (A)
(after application of subparagraph (B)) for the period
described in clause (ii) of subparagraph (A) (but which does
not cease to be investment credit property within the meaning
of section 50(a)). The period and percentage of such
recapture shall be determined under rules similar to the
rules of section 50(a).
``(11) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(12) Domestic content bonus credit amount.--
``(A) In general.--In the case of any energy project which
satisfies the requirement under subparagraph (B), for
purposes of applying paragraph (2) with respect to such
property, the energy percentage shall be increased by the
applicable credit rate increase.
``(B) Requirement.--Rules similar to the rules of section
45(b)(9)(B) shall apply.
``(C) Applicable credit rate increase.--For purposes of
subparagraph (A), the applicable credit rate increase shall
be--
``(i) in the case of an energy project that does not
satisfy the requirements of paragraph (9)(B), 2 percentage
points, and
``(ii) in the case of an energy project that satisfies the
requirements of paragraph (9)(B), 10 percentage points.
``(13) Phaseout for elective payment.--Rules similar to the
rules of section 45(b)(10) shall apply.
[[Page H6505]]
``(14) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary or appropriate to carry out the purposes
of this subsection, including regulations or other guidance
which provides for requirements for recordkeeping or
information reporting for purposes of establishing the
requirements of this subsection.''.
(l) Special Rule for Property Financed by Tax-exempt
Bonds.--Section 48(a)(4) is amended to read as follows:
``(4) Special rule for property financed by tax-exempt
bonds.--Rules similar to the rule under section 45(b)(3)
shall apply for purposes of this section.''.
(m) Treatment of Certain Contracts Involving Energy
Storage.--Section 7701(e) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(i), by striking ``or'' at the end
of subclause (II), by striking ``and'' at the end of
subclause (III) and inserting ``or'', and by adding at the
end the following new subclause:
``(IV) the operation of a storage facility, and'', and
(B) by adding at the end the following new subparagraph:
``(F) Storage facility.--For purposes of subparagraph (A),
the term `storage facility' means a facility which uses
energy storage technology within the meaning of section
48(c)(6).'', and
(2) in paragraph (4), by striking ``or water treatment
works facility'' and inserting ``water treatment facility, or
storage facility''.
(n) Increase in Credit Rate for Energy Communities.--
Section 48(a) is amended by adding at the end the following
new paragraph:
``(15) Increase in credit rate for energy communities.--
``(A) In general.--In the case of any energy project that
is placed in service within an energy community (as defined
in section 45(b)(11)(B)), for purposes of applying paragraph
(2) with respect to such property, the energy percentage
shall be increased by the applicable credit rate increase.
``(B) Applicable credit rate increase.--For purposes of
subparagraph (A), the applicable credit rate increase shall
be equal to--
``(i) in the case of any energy project that does not
satisfy the requirements of paragraph (9)(B), 2 percentage
points, and
``(ii) in the case of any energy project that satisfies the
requirements of paragraph (9)(B), 10 percentage points.''.
(o) Effective Dates.--
(1) The amendments made by subsections (a), (b), (c), (d),
(h), (i), (j), (l), (m), and (n) of this section shall apply
to property placed in service after December 31, 2021.
(2) The amendments made by subsections (e), (f), and (g)
shall apply to property placed in service after December 31,
2021, and, for any property the construction of which begins
prior to January 1, 2022, only to the extent of the basis
thereof attributable to the construction, reconstruction, or
erection after December 31, 2021.
(3) The amendments made by subsection (k) shall apply to
property the construction of which begins after December 31,
2021.
SEC. 136103. INCREASE IN ENERGY CREDIT FOR SOLAR FACILITIES
PLACED IN SERVICE IN CONNECTION WITH LOW-INCOME
COMMUNITIES.
(a) In General.--Section 48 is amended by adding at the end
the following new subsection:
``(e) Special Rules for Certain Solar and Wind Facilities
Placed in Service in Connection With Low-income
Communities.--
``(1) In general.--In the case of any qualified solar and
wind facility with respect to which the Secretary makes an
allocation of environmental justice solar and wind capacity
limitation under paragraph (4)--
``(A) the energy percentage otherwise determined under
subsection (a)(2) with respect to any eligible property which
is part of such facility shall be increased by--
``(i) in the case of a facility described in subclause (I)
of paragraph (2)(A)(iii) and not described in subclause (II)
of such paragraph, 10 percentage points, and
``(ii) in the case of a facility described in subclause
(II) of paragraph (2)(A)(iii), 20 percentage points, and
``(B) the increase in the credit determined under
subsection (a) by reason of this subsection for any taxable
year with respect to all property which is part of such
facility shall not exceed the amount which bears the same
ratio to the amount of such increase (determined without
regard to this subparagraph) as--
``(i) the environmental justice solar and wind capacity
limitation allocated to such facility, bears to
``(ii) the total megawatt nameplate capacity of such
facility, as measured in direct current.
``(2) Qualified solar and wind facility.--For purposes of
this subsection--
``(A) In general.--The term `qualified solar and wind
facility' means any facility--
``(i) which generates electricity solely from property
described in section 45(d)(1) or in clause (i) or (vi) of
subsection (a)(3)(A),
``(ii) which has a maximum net output of less than 5
megawatts, and
``(iii) which--
``(I) is located in a low-income community (as defined in
section 45D(e)) or on Indian land (as defined in section
2601(2) of the Energy Policy Act of 1992 (25 U.S.C.
3501(2))), or
``(II) is part of a qualified low-income residential
building project or a qualified low-income economic benefit
project.
``(B) Qualified low-income residential building project.--A
facility shall be treated as part of a qualified low-income
residential building project if--
``(i) such facility is installed on a residential rental
building which participates in a covered housing program (as
defined in section 41411(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12491(a)(3)), a Housing Development Fund
Corporation cooperative under Article XI of the New York
State Private Housing Finance Law, a housing assistance
program administered by the Department of Agriculture under
title V of the Housing Act of 1949, a housing program
administered by a tribally designated housing entity (as
defined in section 4(22) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103(22))) or such other affordable housing programs as the
Secretary may provide, and
``(ii) the financial benefits of the electricity produced
by such facility are allocated equitably among the occupants
of the dwelling units of such building.
``(C) Qualified low-income economic benefit project.--A
facility shall be treated as part of a qualified low-income
economic benefit project if at least 50 percent of the
financial benefits of the electricity produced by such
facility are provided to households with income of--
``(i) less than 200 percent of the poverty line applicable
to a family of the size involved, or
``(ii) less than 80 percent of area median gross income (as
determined under section 142(d)(2)(B)).
``(D) Financial benefit.--For purposes of subparagraphs (B)
and (C), electricity acquired at a below-market rate shall
not fail to be taken into account as a financial benefit.
``(3) Eligible property.--For purposes of this section, the
term `eligible property' means energy property which is part
of a facility described in section 45(d)(1) or in clause (i)
or (vi) of subsection (a)(3)(A), including energy storage
property (described in subsection (a)(3)(A)(viii)) installed
in connection with such energy property.
``(4) Allocations.--
``(A) In general.--Not later than 270 days after the date
of enactment of this subsection, the Secretary shall
establish a program to allocate amounts of environmental
justice solar and wind capacity limitation to qualified solar
and wind facilities.
``(B) Limitation.--The amount of environmental justice
solar and wind capacity limitation allocated by the Secretary
under subparagraph (A) during any calendar year shall not
exceed the annual capacity limitation with respect to such
year.
``(C) Annual capacity limitation.--For purposes of this
paragraph, the term `annual capacity limitation' means 1.8
gigawatts of direct current capacity for each of calendar
years 2022 through 2026, and zero thereafter.
``(D) Carryover of unused limitation.--If the annual
capacity limitation for any calendar year exceeds the
aggregate amount allocated for such year under this
paragraph, such limitation for the succeeding calendar year
shall be increased by the amount of such excess. No amount
may be carried under the preceding sentence to any calendar
year after 2026 except as provided in section
48F(i)(4)(D)(ii).
``(E) Placed in service deadline.--
``(i) In general.--Paragraph (1) shall not apply with
respect to any property which is placed in service after the
date that is 4 years after the date of the allocation with
respect to the facility of which such property is a part.
``(ii) Application of carryover.--Any amount of
environmental justice solar and wind capacity limitation
which expires under clause (i) during any calendar year shall
be taken into account as an excess described in subparagraph
(D) (or as an increase in such excess) for such calendar
year, subject to the limitation imposed by the last sentence
of such subparagraph.
``(F) Selection criteria.--
``(i) In general.--In determining to which qualified solar
and wind facilities to allocate environmental justice solar
and wind capacity limitation under this paragraph, the
Secretary shall take into consideration which facilities will
result in--
``(I) the greatest health and economic benefits, including
the ability to withstand extreme weather events, for
individuals described in section 45D(e)(2),
``(II) the greatest employment and wages for such
individuals, and
``(III) the greatest engagement with, outreach to, or
ownership by, such individuals, including through
partnerships with local governments, community-based
organizations, an Indian tribal government (as defined in
clause (ii)), or any Alaska Native Corporation (as defined in
section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(m)).
``(ii) Indian tribal government.--For purposes of this
subparagraph, the term `Indian tribal government' means the
recognized governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community, component
band, or component reservation, individually identified
(including parenthetically) in the list published most
recently as of the date of enactment of this subsection
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
``(G) Disclosure of allocations.--The Secretary shall, upon
making an allocation of environmental justice solar and wind
capacity limitation under this paragraph, publicly disclose
the identity of the applicant, the amount of the
environmental justice solar and wind capacity limitation
allocated to such applicant, and the location of the facility
for which such allocation is made.
``(5) Recapture.--The Secretary shall, by regulations or
other guidance, provide for recapturing the benefit of any
increase in the credit allowed under subsection (a) by reason
of this subsection with respect to any property which ceases
to be property eligible for such increase (but which does not
cease to be investment credit property within the meaning of
section 50(a)). The period and percentage of such recapture
[[Page H6506]]
shall be determined under rules similar to the rules of
section 50(a). To the extent provided by the Secretary, such
recapture may not apply with respect to any property if,
within 12 months after the date the taxpayer becomes aware
(or reasonably should have become aware) of such property
ceasing to be property eligible for such increase, the
eligibility of such property for such increase is restored.
The preceding sentence shall not apply more than once with
respect to any facility.''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2022.
SEC. 136104. ELECTIVE PAYMENT FOR ENERGY PROPERTY AND
ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
RESOURCES, ETC.
(a) In General.--Subchapter B of chapter 65 is amended by
inserting after section 6416 the following new section:
``SEC. 6417. ELECTIVE PAYMENT OF APPLICABLE CREDITS.
``(a) In General.--In the case of a taxpayer making an
election (at such time and in such manner as the Secretary
may provide) under this section with respect to any
applicable credit determined with respect to such taxpayer,
such taxpayer shall be treated as making a payment against
the tax imposed by subtitle A (for the taxable year with
respect to which such credit was determined) equal to the
amount of such credit.
``(b) Applicable Credit.--The term `applicable credit'
means each of the following:
``(1) So much of the renewable electricity production
credit determined under section 45 as is attributable to
qualified facilities which are originally placed in service
after December 31, 2021, and with respect to which an
election is made under subsection (c)(3).
``(2) The energy credit determined under section 48.
``(3) So much of the credit for carbon oxide sequestration
determined under section 45Q as is attributable to carbon
capture equipment which is originally placed in service after
December 31, 2021, and with respect to which an election is
made under subsection (c)(3).
``(4) The credit for alternative fuel vehicle refueling
property allowed under section 30C.
``(5) The qualifying advanced energy project credit
determined under section 48C.
``(c) Special Rules.--For purposes of this section--
``(1) Application to tax-exempt and governmental
entities.--In the case of any organization exempt from the
tax imposed by subtitle A, any State or local government (or
political subdivision thereof), the Tennessee Valley
Authority, an Indian tribal government (as defined in section
48(e)(4)(F)(ii)), or any Alaska Native Corporation (as
defined in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(m)) which makes the election described in
subsection (a), any applicable credit shall be determined--
``(A) without regard to paragraphs (3) and (4)(A)(i) of
section 50(b), and
``(B) by treating any property with respect to which such
credit is determined as used in a trade or business of the
taxpayer.
``(2) Application to partnerships and s corporations.--
``(A) In general.--In the case of any applicable credit
determined with respect to any facility or property held
directly by a partnership or S corporation, if such
partnership or S corporation makes an election under this
subsection (in such manner as the Secretary may provide) with
respect to such credit--
``(i) the Secretary shall make a payment to such
partnership or S corporation equal to the amount of such
credit,
``(ii) subsection (d) shall be applied with respect to such
credit before determining any partner's distributive share,
or shareholder's pro rata share, of such credit,
``(iii) any amount with respect to which the election in
subsection (a) is made shall be treated as tax exempt income
for purposes of sections 705 and 1366, and
``(iv) a partner's distributive share of such tax exempt
income shall be based on such partner's distributive share of
the otherwise applicable credit for each taxable year.
``(B) Coordination with application at partner or
shareholder level.--In the case of any partnership or S
corporation, subsection (a) shall be applied at the partner
or shareholder level after application of subparagraph
(A)(ii).
``(3) Elections.--
``(A) In general.--Any election under this subsection shall
be made not later than the due date (including extensions of
time) for the return of tax for the taxable year for which
the election is made, but in no event earlier than 270 days
after the date of the enactment of this section. Any such
election, once made, shall be irrevocable. Except as
otherwise provided in this paragraph, any election under this
subsection shall apply with respect to any credit for the
taxable year for which the election is made.
``(B) Renewable electricity production credit.--In the case
of the credit described in subsection (b)(1), any election
under this subsection shall--
``(i) apply separately with respect to each qualified
facility,
``(ii) be made for the taxable year in which such qualified
facility is originally placed in service, and
``(iii) shall apply to such taxable year and all subsequent
taxable years with respect to such qualified facility.
``(C) Credit for carbon oxide sequestration.--In the case
of the credit described in subsection (b)(3), any election
under this subsection shall--
``(i) apply separately with respect to the carbon capture
equipment originally placed in service by the taxpayer during
a taxable year, and
``(ii) shall apply to such taxable year and all subsequent
taxable years with respect to such equipment.
``(4) Timing.--The payment described in subsection (a)
shall be treated as made on--
``(A) in the case of any government, or political
subdivision, described in paragraph (1) and for which no
return is required under section 6011 or 6033(a), the later
of the date that a return would be due under section 6033(a)
if such government or subdivision were described in that
section or the date on which such government or subdivision
submits a claim for credit or refund (at such time and in
such manner as the Secretary shall provide), and
``(B) in any other case, the later of the due date
(determined without regard to extensions) of the return of
tax for the taxable year or the date on which such return is
filed.
``(5) Treatment of payments to partnerships and s
corporations.--For purposes of section 1324 of title 31,
United States Code, the payments under paragraph (2)(A)(ii)
shall be treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of such
section.
``(6) Additional information.--As a condition of, and prior
to, a payment under this section, the Secretary may require
such information or registration as the Secretary deems
necessary or appropriate for purposes of preventing
duplication, fraud, improper payments, or excessive payments
under this section.
``(7) Excessive payment.--
``(A) In general.--In the case of a payment made to a
taxpayer under this subsection or any amount treated as a
payment which is made by the taxpayer under subsection (a)
which the Secretary determines constitutes an excessive
payment, the tax imposed on such taxpayer by chapter 1 for
the taxable year in which such determination is made shall be
increased by an amount equal to the sum of--
``(i) the amount of such excessive payment, plus
``(ii) an amount equal to 20 percent of such excessive
payment.
``(B) Reasonable cause.--Subparagraph (A)(ii) shall not
apply if the taxpayer demonstrates to the satisfaction of the
Secretary that the excessive payment resulted from reasonable
cause.
``(C) Excessive payment defined.--For purposes of this
paragraph, the term `excessive payment' means, with respect
to a facility for which an election is made under this
section for any taxable year, an amount equal to the excess
of--
``(i) the amount of the payment made to the taxpayer under
this subsection or any amount treated as a payment which is
made by the taxpayer under subsection (a) with respect to
such facility for such taxable year, over
``(ii) the amount of the credit which, without application
of this subsection, would be otherwise allowable (determined
without regard to section 38(c)) under this section with
respect to such facility for such taxable year.
``(d) Denial of Double Benefit.--In the case of a taxpayer
making an election under this section with respect to an
applicable credit, such credit shall be reduced to zero and
shall, for any other purposes under this title, be deemed to
have been allowed to the taxpayer for such taxable year.
``(e) Mirror Code Possessions.--In the case of any
possession of the United States with a mirror code tax system
(as defined in section 24(k)), this section shall not be
treated as part of the income tax laws of the United States
for purposes of determining the income tax law of such
possession unless such possession elects to have this section
be so treated.
``(f) Basis Reduction and Recapture.--Except as otherwise
provided in subsection (c)(1)(A), rules similar to the rules
of section 50 shall apply for purposes of this section.
``(g) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this section,
including--
``(1) regulations or other guidance providing rules for
determining a partner's distributive share of the tax exempt
income described in subsection (c)(2)(A)(iii), and
``(2) guidance to ensure that the amount of the payment or
deemed payment made under this section is commensurate with
the amount of the credit that would be otherwise allowable
(determined without regard to section 38(c)).''.
(b) Application With Respect to Real Estate Investment
Trusts.--Section 50(d) is amended by adding at the end the
following: ``In the case of a real estate investment trust
making an election under section 6417, paragraphs (1)(B) and
(2)(B) of the section 46(e) referred to in paragraph (1) of
this subsection shall not apply to any qualified investment
credit property of a real estate investment trust.''.
(c) Gross-up of Payments in Case of Sequestration.--In the
case of any payment made as a refund due to an overpayment as
a result of section 6417 of the Internal Revenue Code of 1986
after the date of the enactment of this Act to which
sequestration applies, the amount of such payment shall be
increased to an amount equal to--
(1) such payment (determined before such sequestration),
multiplied by
(2) the quotient obtained by dividing 1 by the amount by
which 1 exceeds the percentage reduction in such payment
pursuant to such sequestration.
For purposes of this subsection, the term ``sequestration''
means any reduction in direct spending ordered in accordance
with a sequestration report prepared by the Director of the
Office and Management and Budget pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985 or the
Statutory Pay-As-You-Go Act of 2010.
[[Page H6507]]
(d) Clerical Amendment.--The table of sections for
subchapter B of chapter 65 is amended by inserting after the
item relating to section 6416 the following new item:
``Sec. 6417. Elective payment of applicable credits.''.
(e) In General.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
SEC. 136105. INVESTMENT CREDIT FOR ELECTRIC TRANSMISSION
PROPERTY.
(a) In General.--Subpart E of part IV of subchapter A of
chapter 1 is amended by inserting after section 48C the
following new section:
``SEC. 48D. QUALIFYING ELECTRIC TRANSMISSION PROPERTY.
``(a) Allowance of Credit.--For purposes of section 46, the
qualifying electric transmission property credit for any
taxable year is an amount equal to 6 percent of the basis of
qualifying electric transmission property placed in service
by the taxpayer during such taxable year.
``(b) Qualifying Electric Transmission Property.--For
purposes of this section--
``(1) In general.--The term `qualifying electric
transmission property' means tangible property--
``(A) which is a qualifying electric transmission line or
related transmission property,
``(B)(i) the construction, reconstruction, or erection of
which is completed by the taxpayer, or
``(ii) which is acquired by the taxpayer if the original
use of such property commences with the taxpayer, and
``(C) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable.
``(2) Qualifying electric transmission line.--
``(A) In general.--The term `qualifying electric
transmission line' means an electric transmission line
which--
``(i) is capable of transmitting electricity at a voltage
of not less than 275 kilovolts or is a superconducting line,
and
``(ii) has a transmission capacity of not less than 500
megawatts.
``(B) Superconducting line.--For purposes of subparagraph
(A), the term `superconducting line' means a transmission
line that conducts all of its current over a superconducting
material.
``(3) Related transmission property.--
``(A) In general.--The term `related transmission property'
means, with respect to any electric transmission line, any
property which--
``(i) is listed as a `transmission plant' in the Uniform
System of Accounts for the Federal Energy Regulatory
Commission under part 101 of subchapter C of chapter I of
title 18, Code of Federal Regulations, and
``(ii) is--
``(I) necessary for the operation of such electric
transmission line, or
``(II) conversion equipment along such electric
transmission line.
``(B) Credit not allowed separately with respect to related
property.--No credit shall be allowed to any taxpayer under
this section with respect to any related transmission
property unless such taxpayer is allowed a credit under this
section with respect to the qualifying electric transmission
line to which such related transmission property relates.
``(c) Application to Replacement and Upgraded Systems.--
``(1) In general.--In the case of any qualifying electric
transmission line (determined without regard to this
subsection) which replaces any existing electric transmission
line--
``(A) the 500 megawatts referred to in subsection
(b)(2)(A)(ii) shall be increased by the transmission capacity
of such existing electric transmission line, and
``(B) in no event shall the basis of such existing electric
transmission line (or related transmission property with
respect to such existing electric transmission line) be taken
into account in determining the credit allowed under this
section.
``(2) Upgrades treated as replacements.--For purposes of
this subsection, any upgrade of an existing electric
transmission line shall be treated as a replacement of such
line.
``(d) Exception for Certain Property and Projects Already
in Process.--
``(1) In general.--No credit shall be allowed under this
section with respect to--
``(A) any property that is selected for cost allocation in
a regional transmission plan approved by a transmission
planning region that was approved by the Federal Energy
Regulatory Commission prior to January 1, 2022, or
``(B) any property if--
``(i) construction of such property begins before January
1, 2022, or
``(ii) construction of any portion of the qualifying
electric transmission line to which such property relates
begins before such date.
``(2) When construction begins.--For purposes of
subparagraph (B) of paragraph (1), construction of property
begins when the taxpayer has begun on-site physical work of a
significant nature with respect to such property.
``(e) Certain Qualified Progress Expenditures Rules Made
Applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(f) Credit Adjustments; Wage and Apprenticeship
Requirements.--
``(1) Increased credit amount for applicable facilities.--
``(A) In general.--
``(i) Rule.--In the case of any applicable facility which
satisfies the requirements of subparagraph (B), the amount of
the credit determined under subsection (a) shall be such
amount multiplied by 5 (determined without regard to this
sentence).
``(ii) Applicable facility defined.--For purposes of this
subsection, the term `applicable facility' means a qualifying
electric transmission line and related transmission property
to which such qualifying electric transmission line relates.
``(B) Applicable facility requirements.--An applicable
facility meets the requirements of this subparagraph if it is
one of the following:
``(i) An applicable facility the construction of which
begins prior to the date that is 60 days after the Secretary
publishes guidance with respect to the requirements of
paragraphs (2) and (3).
``(ii) An applicable facility which satisfies the
requirements of paragraphs (2) and (3).
``(2) Prevailing wage requirements.--Rules similar to the
rules of section 48(a)(10) shall apply.
``(3) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(4) Domestic content bonus credit amount.--Rules similar
to the rules of section 48(a)(12) shall apply.
``(5) Phaseout for elective payment.--Rules similar to the
rules of section 48(a)(13) shall apply.
``(g) Termination.--This section shall not apply to any
qualifying electric transmission property unless such
property is placed in service before January 1, 2032.
``(h) Regulations and Guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary or appropriate to carry out the purposes
of this subsection, including regulations or other guidance
which provides for requirements for recordkeeping or
information reporting for purposes of establishing the
requirements of this subsection.''.
(b) Elective Payment of Credit.--Section 6417(b), as
amended by the preceding provisions of this Act, is amended
by adding at the end the following new paragraph:
``(6) The qualifying electric transmission property credit
determined under section 48D.''.
(c) Special Rule for Property Financed by Tax-exempt
Bonds.--Section 48D, as added by subsection (a), is amended
by redesignating subsection (h) as subsection (i) and by
inserting after subsection (g) the following new subsection:
``(h) Special Rule for Property Financed by Tax-exempt
Bonds.--Rules similar to the rules of section 45(b)(3) shall
apply.''.
(d) Conforming Amendments.--
(1) Section 46 is amended--
(A) by striking ``and'' at the end of paragraph (5),
(B) by striking the period at the end of paragraph (6) and
inserting ``, and'', and
(C) by adding at the end the following new paragraph:
``(7) the qualifying electric transmission property
credit.''.
(2) Section 49(a)(1)(C) is amended--
(A) by striking ``and'' at the end of clause (vii),
(B) by striking the period at the end of clause (viii) and
inserting ``, and'', and
(C) by adding at the end the following new clause:
``(ix) the basis of any qualifying electric transmission
property under section 48D.''.
(3) Section 50(a)(2)(E) is amended by striking ``or
48C(b)(2)'' and inserting ``48C(b)(2), or 48D(e)''.
(4) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 48C the
following new item:
``Sec. 48D. Qualifying electric transmission property.''.
(e) Effective Date.--
(1) In general.--The amendments made by subsections (a),
(b), and (d) of this section shall apply to property placed
in service after December 31, 2021.
(2) Tax-exempt bonds.--The amendment made by subsection (c)
shall apply to property the construction of which begins
after December 31, 2021.
(3) Exception for certain property and projects already in
process.--For exclusion of certain property and projects
already in process, see section 48D(d) of the Internal
Revenue Code of 1986 (as added by this section).
SEC. 136106. EXTENSION AND MODIFICATION OF CREDIT FOR CARBON
OXIDE SEQUESTRATION.
(a) Modification of Carbon Oxide Capture Requirements.--
Section 45Q(d) is amended to read as follows:
``(d) Qualified Facility.--
``(1) In general.--For purposes of this section, the term
`qualified facility' means a facility which captures--
``(A) in the case of a direct air capture facility, not
less than 1,000 metric tons of qualified carbon oxide during
the taxable year,
``(B) in the case of an electricity generating facility,
not less than 18,750 metric tons of qualified carbon oxide
during the taxable year and not less than 75 percent by mass
of the carbon oxide that would otherwise be released into the
atmosphere by such facility during such taxable year, and
``(C) in the case of any other facility, not less than
12,500 metric tons of qualified carbon oxide during the
taxable year.
``(2) Termination rule.--The term `qualified facility'
means any industrial facility or direct air capture
facility--
``(A) the construction of which begins before January 1,
2032, and
``(B) either--
``(i) the construction of carbon capture equipment of which
begins before such date, or
``(ii) the original planning and design of which includes
installation of carbon capture equipment.''.
[[Page H6508]]
(b) Determination of Applicable Dollar Amount.--
(1) In general.--Section 45Q(b)(1) is amended by striking
subparagraph (B) and by inserting after subparagraph (A) the
following new subparagraphs:
``(B) Special rule for direct air capture facilities.--For
any qualified facility described in subsection (d)(1)(A), the
construction of which begins after December 31, 2021, the
applicable dollar amount shall be an amount equal to the
applicable dollar amount otherwise determined with respect to
such facility under subparagraph (A), except that such
subparagraph shall be applied--
``(i) in clause (i)(I) of such subparagraph, by
substituting `$36' for `$17', and
``(ii) in clause (i)(II) of such subparagraph, by
substituting `$26' for `$12'.
``(C) Applicable dollar amount for additional carbon
capture equipment.--In the case of any qualified facility the
construction of which begins before January 1, 2022, if any
additional carbon capture equipment is installed at such
facility and construction of such equipment began after
December 31, 2021, the applicable dollar amount shall be an
amount equal to the applicable dollar amount otherwise
determined under subparagraph (A), except that such
subparagraph shall be applied by substituting `carbon capture
equipment' for `qualified facility' each place it appears.''.
(2) Conforming amendments.--
(A) Section 45Q(b)(1)(A) is amended by striking ``The
applicable dollar amount'' and inserting ``Except as provided
in subparagraph (B), the applicable dollar amount''.
(B) Section 45Q(b)(1)(D), as redesignated by subparagraph
(A), is amended by striking ``subparagraph (A)'' and
inserting ``subparagraph (A), (B), or (C)''.
(C) Section 45Q(b)(2) is amended by inserting ``Subject to
paragraph (3)'' before ``in the case''.
(c) Wage and Apprenticeship Requirements.--Section 45Q is
amended by redesignating subsection (h) as subsection (i) and
inserting after subsection (g) following new subsection:
``(h) Increased Credit Amount for Qualified Facilities and
Carbon Capture Equipment.--
``(1) In general.--In the case of any qualified facility
and any carbon capture equipment which satisfy the
requirements of paragraph (2), the amount of the credit
determined under subsection (a) shall be equal to such amount
multiplied by 5 (determined without regard to this sentence).
``(2) Requirements.--The requirements described in this
subparagraph are that--
``(A) with respect to any qualified facility the
construction of which begins on or after the date that is 60
days after the Secretary publishes guidance with respect to
the requirements of paragraphs (3) and (4), as well as any
carbon capture equipment placed in service at such facility--
``(i) subject to subparagraph (B) of paragraph (3), such
facility and equipment satisfy the requirements under
subparagraph (A) of such paragraph, and
``(ii) the construction of such facility and equipment
satisfy the requirements under paragraph (4),
``(B) with respect to any carbon capture equipment the
construction of which begins after the date that is 60 days
after the Secretary publishes guidance with respect to the
requirements of paragraphs (3) and (4), and which is
installed at a qualified facility the construction of which
began prior to such date--
``(i) subject to subparagraph (B) of paragraph (3), such
equipment satisfies the requirements of subparagraphs (A) of
such paragraph, and
``(ii) the construction of such facility and equipment
satisfy the requirements under paragraph (4), and
``(C) the construction of carbon capture equipment begins
prior to the date that is 60 days after the Secretary
publishes guidance with respect to the requirements of
paragraphs (3) and (4), and such equipment is installed at a
qualified facility the construction of which begins prior to
such date.
``(3) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified facility and any
carbon capture equipment placed in service at such facility
are that the taxpayer shall ensure that any laborers and
mechanics employed by contractors and subcontractors in--
``(i) in the case of--
``(I) any qualified facility described in subparagraph
(A)(i) of paragraph (2), the construction of such facility
and carbon capture equipment placed in service at such
facility, or
``(II) any carbon capture equipment described in
subparagraph (A)(ii) of paragraph (2), the construction of
such equipment, and
``(ii) for the period of the taxable year which is within
the 12-year period beginning on the date on which any carbon
capture equipment is originally placed in service at any
qualified facility (as described in paragraphs (3)(A) and
(4)(A) of subsection (a)), the alteration or repair of such
facility or such equipment,
shall be paid wages at rates not less than the prevailing
rates for construction, alteration, or repair of a similar
character in the locality as most recently determined by the
Secretary of Labor, in accordance with subchapter IV of
chapter 31 of title 40, United States Code. For purposes of
determining an increased credit amount under paragraph (1)
for a taxable year, the requirement under clause (ii) of this
paragraph is applied to such taxable year in which the
alteration or repair of qualified facility occurs.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of clauses (i)
through (iv) of section 45(b)(7)(B) shall apply.
``(4) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(5) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary or appropriate to carry out the purposes
of this subsection, including regulations or other guidance
which provides for requirements for recordkeeping or
information reporting for purposes of establishing the
requirements of this subsection.''.
(d) Increased Applicable Dollar Amount.--
(1) In general.--Section 45Q(b)(1) is amended--
(A) by amending clause (i) of subparagraph (A) to read as
follows:
``(i) for any taxable year beginning in a calendar year
after 2016 and before 2027--
``(I) for purposes of paragraph (3) of subsection (a), $17
for each calendar year during such period, and
``(II) for purposes of paragraph (4) of such subsection,
$12 for each calendar year during such period, and'', and
(B) in clause (ii)--
(i) in subclause (I), by striking ``$50'' and inserting
``the amount determined under clause (i)(I) with respect to
the qualified facility'', and
(ii) in subclause (II), by striking ``$35'' and inserting
``the amount determined under clause (i)(II) with respect to
the qualified facility''.
(e) Installation of Additional Carbon Capture Equipment on
Certain Facilities.--Section 45Q(b) is amended by
redesignating paragraph (3) as paragraph (4) and by inserting
after paragraph (2) the following new paragraph:
``(3) Installation of additional carbon capture equipment
on certain facilities.--In the case of a qualified facility
described in paragraph (1)(C), for purposes of determining
the amount of qualified carbon oxide which is captured by the
taxpayer, rules similar to rules of paragraph (2) shall apply
for purposes of subsection (a).''.
(f) Credit Reduced for Tax-exempt Bonds.--Section 45Q(f) is
amended by adding at the end the following new paragraph:
``(8) Credit reduced for tax-exempt bonds.--Rules similar
to the rule under section 45(b)(3) shall apply for purposes
of this section.''.
(g) Application of Section for Certain Carbon Capture
Equipment.--Section 45Q(g) is amended by inserting ``the
earlier of January 1, 2023 and'' before ``the end of the
calendar year''.
(h) Election.--Section 45Q(f) is amended by adding at the
end the following new paragraph:
``(9) Election.--For purposes of paragraphs (3) and (4) of
subsection (a), a person described in paragraph (3)(A)(ii)
may elect, at such time and in such manner as the Secretary
may prescribe, to have the 12-year period begin on the first
day of the first taxable year in which a credit under this
section is claimed with respect to carbon capture equipment
which is originally placed in service at a qualified facility
on or after the date of the enactment of the Bipartisan
Budget Act of 2018 (after application of subsection (f)(6)
where applicable) if--
``(A) no taxpayer claimed a credit under this section with
respect to such carbon capture equipment for any prior
taxable year,
``(B) the qualified facility at which such carbon capture
equipment is placed in service is located in an area affected
by a federally-declared disaster (as defined by section
165(i) (5)(A)) after the carbon capture equipment is
originally placed in service, and
``(C) such federally-declared disaster results in a
cessation of the operation of the qualified facility after
the carbon capture equipment is originally placed in
service.''.
(i) Effective Dates.--
(1) The amendments made by subsections (a), (b), (c), (d),
(e), (f), and (g) shall apply to facilities or equipment the
construction of which begins after December 31, 2021.
(2) The amendments made by subsection (h) shall apply to
carbon oxide captured and disposed of after December 31,
2021.
SEC. 136107. GREEN ENERGY PUBLICLY TRADED PARTNERSHIPS.
(a) In General.--Section 7704(d)(1)(E) is amended--
(1) by striking ``income and gains derived from the
exploration'' and inserting ``income and gains derived from--
``(i) the exploration'',
(2) by inserting ``or'' before ``industrial source'', and
(3) by striking ``, or the transportation or storage'' and
all that follows and inserting the following:
``(ii) the generation of electric power or thermal energy
exclusively using any qualified energy resource (as defined
in section 45(c)(1)),
``(iii) the operation of energy property (as defined in
section 48(a)(3), determined without regard to any date by
which the construction of the facility is required to begin),
``(iv) in the case of a facility described in paragraph (3)
or (7) of section 45(d) (determined without regard to any
placed in service date or date by which construction of the
facility is required to begin), the accepting or processing
of open-loop biomass or municipal solid waste,
``(v) the transportation or storage of any fuel described
in subsection (b), (c), (d), or (e) of section 6426,
``(vi) the conversion of renewable biomass (as defined in
subparagraph (I) of section 211(o)(1) of the Clean Air Act
(as in effect on the date of the enactment of this clause))
into renewable fuel (as defined in subparagraph (J) of such
section as so in effect), or the storage or transportation of
such fuel,
``(vii) the production, storage, or transportation of any
fuel which--
[[Page H6509]]
``(I) uses as its primary feedstock carbon oxides captured
from an anthropogenic source or the atmosphere,
``(II) does not use as its primary feedstock carbon oxide
which is deliberately released from naturally occurring
subsurface springs, and
``(III) is determined by the Secretary to achieve a
reduction of not less than a 60 percent in lifecycle
greenhouse gas emissions (as defined in section 211(o)(1)(H)
of the Clean Air Act, as in effect on the date of the
enactment of this clause) compared to baseline lifecycle
greenhouse gas emissions (as defined in section 211(o)(1)(C)
of such Act, as so in effect), or
``(viii) a qualified facility (as defined in section
45Q(d), without regard to any date by which construction of
the facility is required to begin).''.
(b) Effective Date.--The amendments made by this section
apply to taxable years beginning after December 31, 2021.
SEC. 136108. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45W. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the
zero-emission nuclear power production credit for any taxable
year is an amount equal to the amount by which--
``(1) the product of--
``(A) 0.3 cents, multiplied by
``(B) the kilowatt hours of electricity--
``(i) produced by the taxpayer at a qualified nuclear power
facility, and
``(ii) sold by the taxpayer to an unrelated person during
the taxable year, exceeds
``(2) the reduction amount for such taxable year.
``(b) Definitions.--
``(1) Qualified nuclear power facility.--For purposes of
this section, the term `qualified nuclear power facility'
means any nuclear facility--
``(A) which is owned by the taxpayer and which uses nuclear
energy to produce electricity,
``(B) which is not an advanced nuclear power facility as
defined in subsection (d)(1) of section 45J, and
``(C) which is placed in service before the date of the
enactment of this section.
``(2) Reduction amount.--
``(A) In general.--For purposes of this section, the term
`reduction amount' means, with respect to any qualified
nuclear power facility for any taxable year, the amount equal
to the lesser of--
``(i) the amount determined under subsection (a)(1), or
``(ii) the amount equal to 16 percent of the excess of--
``(I) subject to subparagraph (B), the gross receipts from
any electricity produced by such facility (including any
electricity services or products provided in conjunction with
the electricity produced by such facility) and sold to an
unrelated person during such taxable year, over
``(II) the amount equal to the product of--
``(aa) 2.5 cents, multiplied by
``(bb) the amount determined under subsection (a)(1)(B).
``(B) Treatment of certain receipts.--
``(i) In general.--The amount determined under subparagraph
(A)(ii)(I) shall include any amount received by the taxpayer
during the taxable year with respect to the qualified nuclear
power facility from a zero-emission credit program unless the
amount received by the taxpayer is subject to reduction--
``(I) by the full amount of the credit determined under
this section, or
``(II) by any lesser amount if such amount entirely offsets
the amount received from a zero-emission credit program.
``(ii) Zero-emission credit program.--For purposes of this
subparagraph, the term `zero-emission credit program' means
any payments to a qualified nuclear power facility as a
result of any Federal, State or local government program for,
in whole or in part, the zero-emission, zero-carbon, or air
quality attributes of any portion of the electricity produced
by such facility.
``(3) Electricity.--For purposes of this section, the term
`electricity' means the energy produced by a qualified
nuclear power facility from the conversion of nuclear fuel
into electric power.
``(c) Other Rules.--
``(1) Inflation adjustment.--The 0.3 cent amount in
subsection (a)(1)(A) and the 2.5 cent amount in subsection
(b)(2)(A)(ii)(II)(aa) shall each be adjusted by multiplying
such amount by the inflation adjustment factor (as determined
under section 45(e)(2), as applied by substituting `calendar
year 2022' for `calendar year 1992' in subparagraph (B)
thereof) for the calendar year in which the sale occurs. If
the 0.3 cent amount as increased under this paragraph is not
a multiple of 0.05 cent, such amount shall be rounded to the
nearest multiple of 0.05 cent. If the 2.5 cent amount as
increased under this paragraph is not a multiple of 0.1 cent,
such amount shall be rounded to the nearest multiple of 0.1
cent.
``(2) Special rules.--Rules similar to the rules of
paragraphs (1), (3), (4), and (5) of section 45(e) shall
apply for purposes of this section.
``(3) Ultimate purchaser.--For purposes of this section,
electricity produced by the taxpayer shall be treated as sold
to an unrelated person if the ultimate purchaser of such
electricity is unrelated to such taxpayer.
``(d) Wage Requirements.--
``(1) Increased credit amount for qualified nuclear power
facilities.--In the case of any qualified nuclear power
facility which satisfies the requirements of paragraph (2),
the amount of the credit determined under subsection (a)
shall be equal to such amount multiplied by 5 (determined
without regard to this sentence).
``(2) Prevailing wage requirements.--
``(A) In general.--The taxpayer shall ensure that any
laborers and mechanics employed by contractors and
subcontractors in the alteration or repair of a facility
shall be paid wages at rates not less than the prevailing
rates for alteration or repair of a similar character in the
locality as most recently determined by the Secretary of
Labor, in accordance with subchapter IV of chapter 31 of
title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of clauses (i)
through (iv) of section 45(b)(7)(B) shall apply.
``(3) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary or appropriate to carry out the purposes
of this subsection, including regulations or other guidance
which provides for requirements for recordkeeping or
information reporting for purposes of establishing the
requirements of this subsection.
``(e) Termination.--This section shall not apply to taxable
years beginning after December 31, 2027.''.
(b) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986 is
amended--
(A) in paragraph (32), by striking ``plus'' at the end,
(B) in paragraph (33), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(34) the zero-emission nuclear power production credit
determined under section 45W(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45W. Zero-emission nuclear power production credit.''.
(c) Elective Payment of Credit.--Section 6417(b), as
amended by the preceding provisions of this Act, is amended
by adding at the end the following new paragraph:
``(7) The zero-emission nuclear power production credit
determined under section 45W.''.
(d) Effective Date.--This section shall apply to
electricity produced and sold after December 31, 2021, in
taxable years beginning after such date.
PART 2--RENEWABLE FUELS
SEC. 136201. EXTENSION OF INCENTIVES FOR BIODIESEL, RENEWABLE
DIESEL AND ALTERNATIVE FUELS.
(a) Biodiesel and Renewable Diesel Credit.--Section 40A(g)
is amended by striking ``December 31, 2022'' and inserting
``December 31, 2026''.
(b) Biodiesel Mixture Credit.--
(1) In general.--Section 6426(c)(6) is amended by striking
``December 31, 2022'' and inserting ``December 31, 2026''.
(2) Fuels not used for taxable purposes.--Section
6427(e)(6)(B) is amended by striking ``December 31, 2022''
and inserting ``December 31, 2026''.
(c) Alternative Fuel Credit.--Section 6426(d)(5) is amended
by striking ``December 31, 2021'' and inserting ``December
31, 2026''.
(d) Alternative Fuel Mixture Credit.--Section 6426(e)(3) is
amended by striking ``December 31, 2021'' and inserting
``December 31, 2026''.
(e) Payments for Alternative Fuels.--Section 6427(e)(6)(C)
is amended by striking ``December 31, 2021'' and inserting
``December 31, 2026''.
(f) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after December 31, 2021.
SEC. 136202. EXTENSION OF SECOND GENERATION BIOFUEL
INCENTIVES.
(a) In General.--Section 40(b)(6)(J)(i) is amended by
striking ``2022'' and inserting ``2027''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to qualified second generation biofuel production
after December 31, 2021.
SEC. 136203. SUSTAINABLE AVIATION FUEL CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by inserting after section 40A the
following new section:
``SEC. 40B. SUSTAINABLE AVIATION FUEL CREDIT.
``(a) In General.--For purposes of section 38, the
sustainable aviation fuel credit for the taxable year is,
with respect to any sale or use of a qualified mixture which
occurs during such taxable year, an amount equal to the
product of--
``(1) the number of gallons of sustainable aviation fuel in
such mixture, multiplied by
``(2) the sum of--
``(A) $1.25, plus
``(B) the applicable supplementary amount with respect to
such sustainable aviation fuel.
``(b) Applicable Supplementary Amount.--For purposes of
this section, the term `applicable supplementary amount'
means, with respect to any sustainable aviation fuel, an
amount equal to $0.01 for each percentage point by which the
lifecycle greehouse gas emissions reduction percentage with
respect to such fuel exceeds 50 percent. In no event shall
the applicable supplementary amount determined under this
subsection exceed $0.50.
``(c) Qualified Mixture.--For purposes of this section, the
term `qualified mixture' means a mixture of sustainable
aviation fuel and kerosene if--
``(1) such mixture is produced by the taxpayer in the
United States,
``(2) such mixture is used by the taxpayer (or sold by the
taxpayer for use) in an aircraft,
``(3) such sale or use is in the ordinary course of a trade
or business of the taxpayer, and
[[Page H6510]]
``(4) the transfer of such mixture to the fuel tank of such
aircraft occurs in the United States.
``(d) Sustainable Aviation Fuel.--For purposes of this
section, the term `sustainable aviation fuel' means liquid
fuel which--
``(1) meets the requirements of--
``(A) ASTM International Standard D7566, or
``(B) the Fischer Tropsch provisions of ASTM International
Standard D1655, Annex A1,
``(2) is not derived from palm fatty acid distillates or
petroleum, and
``(3) has been certified in accordance with subsection (e)
as having a lifecycle greenhouse gas emissions reduction
percentage of at least 50 percent.
``(e) Lifecycle Greenhouse Gas Emissions Reduction
Percentage.--For purposes of this section, the term
`lifecycle greenhouse gas emissions reduction percentage'
means, with respect to any sustainable aviation fuel, the
percentage reduction in lifecycle greenhouse gas emissions--
``(1) as defined in accordance with--
``(A) the most recent Carbon Offsetting and Reduction
Scheme for International Aviation which has been adopted by
the International Civil Aviation Organization with the
agreement of the United States, or
``(B) any similar methodology which satisfies the criteria
under section 211(o)(1)(H) of the Clean Air Act (42 U.S.C.
7545(o)(1)(H)), and
``(2) achieved by such fuel as compared with petroleum-
based jet fuel.
``(f) Registration of Sustainable Aviation Fuel
Producers.--No credit shall be allowed under this section
with respect to any sustainable aviation fuel unless the
producer of such fuel is registered with the Secretary under
section 4101 and has provided such other information with
respect to such fuel as the Secretary may require for
purposes of carrying out this section.
``(g) Coordination With Credit Against Excise Tax.--The
amount of the credit determined under this section with
respect to any sustainable aviation fuel shall, under rules
prescribed by the Secretary, be properly reduced to take into
account any benefit provided with respect to such sustainable
aviation fuel solely by reason of the application of section
6426 or 6427(e).
``(h) Termination.--This section shall not apply to any
sale or use after December 31, 2026.''.
(b) Credit Made Part of General Business Credit.-- Section
38(b) is amended by striking ``plus'' at the end of paragraph
(33), by striking the period at the end of paragraph (34) and
inserting ``, plus'', and by inserting after paragraph (34)
the following new paragraph:
``(35) the sustainable aviation fuel credit determined
under section 40B.''.
(c) Coordination With Biodiesel Incentives.--
(1) In general.--Section 40A(d)(1) is amended by inserting
``or 40B'' after ``determined under section 40''.
(2) Conforming amendment.--Section 40A(f) is amended by
striking paragraph (4).
(d) Sustainable Aviation Fuel Added to Credit for Alcohol
Fuel, Biodiesel, and Alternative Fuel Mixtures.--
(1) In general.--Section 6426 is amended by adding at the
end the following new subsection:
``(k) Sustainable Aviation Fuel Credit.--
``(1) In general.--For purposes of this section, the
sustainable aviation fuel credit for the taxable year is,
with respect to any sale or use of a qualified mixture, an
amount equal to the product of--
``(A) the number of gallons of sustainable aviation fuel in
such mixture, multiplied by
``(B) the sum of--
``(i) $1.25, plus
``(ii) the applicable supplementary amount with respect to
such sustainable aviation fuel.
``(2) Applicable supplementary amount.--For purposes of
this subsection, the term `applicable supplementary amount'
has the meaning given such term in section 40B(b).
``(3) Other definitions.--Any term used in this subsection
which is also used in section 40B shall have the meaning
given such term by section 40B.
``(4) Registration requirement.--For purposes of this
subsection, rules similar to the rules of section 40B(f)
shall apply.''.
(2) Conforming amendments.--
(A) Section 6426 is amended--
(i) in subsection (a)(1), by striking ``and (e)'' and
inserting ``(e), and (k)'', and
(ii) in subsection (h), by striking ``under section 40 or
40A'' and inserting ``under section 40, 40A, or 40B''.
(B) Section 6427(e)(6) is amended by striking the ``and''
at the end of subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting ``, and'', and by
adding at the end the following new subparagraph:
``(E) any qualified mixture of sustainable aviation fuel
(as defined in section 6426(k)(3)) sold or used after
December 31, 2026.''.
(C) Section 6427(e) is amended in the heading by striking
``or Alternative Fuel'' and inserting, ``Alternative Fuel, or
Sustainable Aviation Fuel''.
(D) Section 6427(e)(1) is amended by inserting ``or the
sustainable aviation fuel mixture credit'' after
``alternative fuel mixture credit''.
(E) Section 4101(a)(1) is amended by inserting ``every
person producing sustainable aviation fuel (as defined in
section 40B or section 6426(k)(3)),'' before ``and every
person producing second generation biofuel''.
(e) Guidance.--Under rules prescribed by the Secretary of
the Treasury (or the Secretary's delegate), the amount of the
credit allowed under section 40B of the Internal Revenue Code
of 1986 (as added by this subsection) shall be properly
reduced to take into account any benefit provided with
respect to sustainable aviation fuel (as defined in such
section 40B) by reason of the application of section 6426 or
section 6427(e).
(f) Amount of Credit Included in Gross Income.--Section 87
is amended by striking ``and'' in paragraph (1), by striking
the period at the end of paragraph (2) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(3) the sustainable aviation fuel credit determined with
respect to the taxpayer for the taxable year under section
40B(a).''.
(g) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after December 31, 2022.
SEC. 136204. CLEAN HYDROGEN.
(a) Credit for Production of Clean Hydrogen.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:
``SEC. 45X. CREDIT FOR PRODUCTION OF CLEAN HYDROGEN.
``(a) Amount of Credit.--For purposes of section 38, the
clean hydrogen production credit for any taxable year is an
amount equal to the product of--
``(1) the applicable amount, multiplied by
``(2) the kilograms of qualified clean hydrogen produced by
the taxpayer during such taxable year at a qualified clean
hydrogen production facility during the 10-year period
beginning on the date such facility was originally placed in
service.
``(b) Applicable Amount.--
``(1) In general.--For purposes of subsection (a)(1), the
applicable amount shall be an amount equal to the applicable
percentage of $0.60. If any amount as determined under the
preceding sentence is not a multiple of 0.1 cent, such amount
shall be rounded to the nearest multiple of 0.1 cent.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' shall be determined as
follows:
``(A) In the case of any qualified clean hydrogen which is
produced by a facility that is placed in service before
January 1, 2027 through a process that results in a lifecycle
greenhouse gas emissions rate of--
``(i) not greater than 6 kilograms of CO2e per kilogram of
hydrogen, and
``(ii) not less than 4 kilograms of CO2e per kilogram of
hydrogen,
the applicable percentage shall be 15 percent.
``(B) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of--
``(i) less than 4 kilograms of CO2e per kilogram of
hydrogen, and
``(ii) not less than 2.5 kilograms of CO2e per kilogram of
hydrogen,
the applicable percentage shall be 20 percent.
``(C) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of--
``(i) less than 2.5 kilograms of CO2e per kilogram of
hydrogen, and
``(ii) not less than 1.5 kilograms of CO2e per kilogram of
hydrogen,
the applicable percentage shall be 25 percent.
``(D) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of--
``(i) less than 1.5 kilograms of CO2e per kilogram of
hydrogen, and
``(ii) not less than 0.45 kilograms of CO2e per kilogram of
hydrogen,
the applicable percentage shall be 33.4 percent.
``(E) In the case of any qualified clean hydrogen which is
produced through a process that results in a lifecycle
greenhouse gas emissions rate of less than 0.45 kilograms of
CO2e per kilogram of hydrogen, the applicable percentage
shall be 100 percent.
``(3) Inflation adjustment.--The $0.60 amount in paragraph
(1) shall be adjusted by multiplying such amount by the
inflation adjustment factor (as determined under section
45(e)(2), determined by substituting `2020' for `1992' in
subparagraph (B) thereof) for the calendar year in which the
qualified clean hydrogen is produced. If any amount as
increased under the preceding sentence is not a multiple of
0.1 cent, such amount shall be rounded to the nearest
multiple of 0.1 cent.
``(c) Definitions.--For purposes of this section--
``(1) Lifecycle greenhouse gas emissions.--
``(A) In general.--Subject to subparagraph (B), the term
`lifecycle greenhouse gas emissions' has the same meaning
given such term under subparagraph (H) of section 211(o)(1)
of the Clean Air Act (42 U.S.C. 7545(o)(1)), as in effect on
the date of enactment of this section.
``(B) GREET model.--The term `lifecycle greenhouse gas
emissions' shall only include emissions through the point of
production (well-to-gate), as determined under the most
recent Greenhouse gases, Regulated Emissions, and Energy use
in Transportation model (commonly referred to as the `GREET
model') developed by Argonne National Laboratory, or a
successor model (as determined by the Secretary).
``(2) Qualified clean hydrogen.--
``(A) In general.--The term `qualified clean hydrogen'
means hydrogen which is produced through a process that
results in a lifecycle greenhouse gas emissions rate of not
greater than 6 kilograms of CO2e per kilogram of hydrogen.
``(B) Additional requirements.--Such term shall not include
any hydrogen unless such hydrogen is produced--
``(i) in the United States (as defined in section 638(1) or
a possession of the United States (as defined in section
638(2)),
``(ii) in the ordinary course of a trade or business of the
taxpayer, and
``(iii) for sale or use, as verified by an unrelated third
party of such production and sale or
[[Page H6511]]
use in such form or manner as the Secretary may prescribe
under subsection (f)(2).
``(3) Qualified clean hydrogen production facility.--
``(A) In general.--The term `qualified clean hydrogen
production facility' means a facility owned by the taxpayer
which produces qualified clean hydrogen and which meets the
requirements of subparagraph (B).
``(B) Termination.--The term `qualified clean hydrogen
production facility' shall not include any facility the
construction of which begins after December 31, 2028.
``(d) Special Rules.--
``(1) Treatment of facilities owned by more than 1
taxpayer.--Rules similar to the rules section 45(e)(3) shall
apply for purposes of this section.
``(2) Coordination with credit for carbon oxide
sequestration.--No credit shall be allowed under this section
with respect to any qualified clean hydrogen produced at a
facility which includes carbon capture equipment for which a
credit is allowed to any taxpayer under section 45Q for the
taxable year or any prior taxable year.
``(e) Increased Credit Amount for Qualified Clean Hydrogen
Production Facilities.--
``(1) In general.--In the case of any qualified clean
hydrogen production facility which satisfies the requirements
of paragraph (2), the amount of the credit determined under
subsection (a) with respect to qualified clean hydrogen
described in subsection (b)(2) shall be equal to such amount
multiplied by 5 (determined without regard to this sentence).
``(2) Requirements.--A facility meets the requirements of
this subparagraph if it is one of the following:
``(A) A facility--
``(i) the construction of which begins prior to the date
that is 60 days after the Secretary publishes guidance with
respect to the requirements of paragraphs (3) and (4), and
``(ii) which meets the requirements of paragraph (3) with
respect to construction, alteration, or repair of facilities
which occurs after such date.
``(B) A facility which satisfies the requirements of
paragraphs (3) and (4).
``(3) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified clean hydrogen
production facility are that the taxpayer shall ensure that
any laborers and mechanics employed by contractors and
subcontractors in--
``(i) the construction of such facility, and
``(ii) for the period of the taxable year which is within
the 10-year period beginning on the date the facility was
originally placed in service, the alteration or repair of
such facility,
shall be paid wages at rates not less than the prevailing
rates for construction, alteration, or repair of a similar
character in the locality as most recently determined by the
Secretary of Labor, in accordance with subchapter IV of
chapter 31 of title 40, United States Code. For purposes of
determining an increased credit amount under paragraph (1)
for a taxable year, the requirement under clause (ii) of this
paragraph is applied to such taxable year in which the
alteration or repair of qualified facility occurs.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of clauses (i)
through (iv) of section 45(b)(7)(B) shall apply.
``(4) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(5) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary or appropriate to carry out the purposes
of this subsection, including regulations or other guidance
which provides for requirements for recordkeeping or
information reporting for purposes of establishing the
requirements of this subsection.
``(f) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue
regulations or other guidance to carry out the purposes of
this section, including regulations or other guidance--
``(1) for determining lifecycle greenhouse gas emissions,
and
``(2) which require verification by unrelated third parties
of the production and sale or use of qualified clean hydrogen
with respect to which credit is otherwise allowed under this
section.''.
(2) Elective payment of credit.--
(A) In general.--Section 6417(b), as amended by the
preceding provisions of this Act, is amended by adding at the
end the following new paragraph:
``(8) So much of the the credit for production of clean
hydrogen determined under section 45X as is attributable to
qualified clean hydrogen production facilities which are
originally placed in service after December 31, 2011, and
with respect to which an election is made under subsection
(c)(3).''.
(B) Election.--Section 6417(c)(3), as amended by the
preceding provisions of this Act, is amended by adding at the
end the following new subparagraph:
``(D) Credit for production of clean hydrogen.--In the case
of the credit described in subsection (b)(8), any election
under this subsection shall--
``(i) apply separately with respect to each qualified clean
hydrogen production facility,
``(ii) be made for the taxable year in which the facility
is placed in service (or within 90 days of date of enactment
in the case of facilities placed in service before December
31, 2021),
``(iii) shall apply to such taxable year and all subsequent
taxable years with respect to such facility.''.
(3) Credit reduced for tax-exempt bonds.--Section 45X(d),
as added by this section, is amended by adding at the end the
following new paragraph:
``(3) Credit reduced for tax-exempt bonds.--Rules similar
to the rule under section 45(b)(3) shall apply for purposes
of this section.''.
(4) Conforming amendments.--
(A) Section 38(b) is amended--
(i) in paragraph (34), by striking ``plus'' at the end,
(ii) in paragraph (35), by striking the period at the end
and inserting ``, plus'', and
(iii) by adding at the end the following new paragraph:
``(36) the clean hydrogen production credit determined
under section 45X(a).''.
(B) The table of sections for subpart D of part IV of
subchapter A of chapter 1 amended by adding at the end the
following new item:
``Sec. 45X. Credit for production of clean hydrogen.''.
(5) Effective dates.--
(A) The amendments made by paragraphs (1), (2), and (4) of
this subsection shall apply to hydrogen produced after
December 31, 2021.
(B) The amendment made by paragraph (3) shall apply to
facilities the construction of which begins after December
31, 2021.
(b) Credit for Electricity Produced From Renewable
Resources Allowed if Electricity Is Used to Produce Clean
Hydrogen.--
(1) In general.--Section 45(e) is amended by adding at the
end the following new paragraph:
``(13) Special rule for electricity used at a qualified
clean hydrogen production facility.--Electricity produced by
the taxpayer shall be treated as sold by such taxpayer to an
unrelated person during the taxable year if such electricity
is used during such taxable year by the taxpayer or a person
related to the taxpayer at a qualified clean hydrogen
production facility (as defined in section 45X(c)(3)) to
produce qualified clean hydrogen (as defined in section
45X(c)(2)) during the 10 year period after such facility is
placed in service. The Secretary shall issue such regulations
or other guidance as the Secretary determines appropriate to
carry out the purposes of this paragraph, including
regulations or other guidance to require verification by
unrelated third parties of the production and use of
electricity to which this paragraph applies.''.
(2) Effective date.--The amendment made by this subsection
shall apply to electricity produced after December 31, 2021.
(c) Election to Treat Clean Hydrogen Production Facilities
as Energy Property.--
(1) In general.--Section 48(a) is amended by adding at the
end the following new paragraph:
``(16) Election to treat clean hydrogen production
facilities as energy property.--
``(A) In general.--In the case of any qualified property
(as defined in paragraph (5)(D)) which is part of a specified
clean hydrogen production facility--
``(i) such property shall be treated as energy property for
purposes of this section, and
``(ii) the energy percentage with respect to such property
is--
``(I) in the case of a facility which is designed and
reasonably expected to produce qualified clean hydrogen which
is described in a subparagraph (A) of section 45X(b)(2), 0.9
percent,
``(II) in the case of a facility which is designed and
reasonably expected to produce qualified clean hydrogen which
is described in a subparagraph (B) of such section, 1.2
percent,
``(III) in the case of a facility which is designed and
reasonably expected to produce qualified clean hydrogen which
is described in a subparagraph (C) of such section, 1.5
percent,
``(IV) in the case of a facility which is designed and
reasonably expected to produce qualified clean hydrogen which
is described in a subparagraph (D) of such section, 2
percent, and
``(V) in the case of a facility which is designed and
reasonably expected to produce qualified clean hydrogen which
is described in subparagraph (E) of such section, 6 percent.
``(B) Denial of production credit.--No credit shall be
allowed under section 45X or section 45Q for any taxable year
with respect to any specified clean hydrogen production
facility or any carbon capture equipment included at such
facility.
``(C) Specified clean hydrogen production facility.--For
purposes of this paragraph, the term `specified clean
hydrogen production facility' means any qualified clean
hydrogen production facility (as defined in section
45X(c)(3)) or any portion of such facility--
``(i) which is placed in service after December 31, 2021,
and
``(ii) with respect to which--
``(I) no credit has been allowed under section 45X or 45Q,
and
``(II) the taxpayer makes an irrevocable election to have
this paragraph apply.
``(D) Qualified clean hydrogen.--For purposes of this
paragraph, the term `qualified clean hydrogen' has the
meaning given such term by section 45X(c)(2).
``(E) Regulations.--The Secretary shall issue such
regulations or other guidance as the Secretary determines
necessary or appropriate to carry out the purposes of this
section, including regulations or other guidance which--
``(i) requires verification by one or more unrelated third
parties that the facility produces hydrogen which is
consistent with the hydrogen that such facility was designed
and expected to produce under subparagraph (A)(ii), and
``(ii) recaptures so much of any credit allowed under this
section as exceeds the amount of the credit which would have
been allowed if the expected production were consistent with
the actual verified production (or all of the credit so
allowed in the absence of such verification).''.
[[Page H6512]]
(2) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2021 and, for any property the construction of which begins
prior to January 1, 2022, only to the extent of the basis
thereof attributable to the construction, reconstruction, or
erection after December 31, 2021.
(d) Termination of Excise Tax Credit for Hydrogen.--
(1) In general.--Section 6426(d)(2) is amended by striking
subparagraph (D) and by redesignating subparagraphs (E), (F),
and (G) as subparagraphs (D), (E), and (F), respectively.
(2) Conforming amendment.--Section 6426(e)(2) is amended by
striking ``(F)'' and inserting ``(E)''.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2021.
PART 3--GREEN ENERGY AND EFFICIENCY INCENTIVES FOR INDIVIDUALS
SEC. 136301. EXTENSION, INCREASE, AND MODIFICATIONS OF
NONBUSINESS ENERGY PROPERTY CREDIT.
(a) Extension of Credit.--Section 25C(g)(2) is amended by
striking ``December 31, 2021'' and inserting ``December 31,
2031''.
(b) Allowance of Credit.--Section 25C(a) is amended to read
as follows:
``(a) Allowance of Credit.--In the case of an individual,
there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year an amount equal to 30
percent of the sum of--
``(1) the amount paid or incurred by the taxpayer for
qualified energy efficiency improvements installed during
such taxable year, and
``(2) the amount of the residential energy property
expenditures paid or incurred by the taxpayer during such
taxable year.''.
(c) Application of Annual Limitation in Lieu of Lifetime
Limitation.--Section 25C(b) is amended to read as follows:
``(b) Limitations.--
``(1) In general.--The credit allowed under this section
with respect to any taxpayer for any taxable year shall not
exceed $1,200.
``(2) Energy property.--The credit allowed under this
subsection by reason of subsection (a)(1) with respect to any
taxpayer for any taxable year shall not exceed, with respect
to any item of qualified energy property, $600.
``(3) Windows.--The credit allowed under this section by
reason of subsection (a)(1) with respect to any taxpayer for
any taxable year shall not exceed, in the aggregate with
respect to all exterior windows and skylights, $600.
``(4) Doors.--The credit allowed under this section by
reason of subsection (a)(1) with respect to any taxpayer for
any taxable year shall not exceed--
``(A) $250 in the case of any exterior door, and
``(B) $500 in the aggregate with respect to all exterior
doors.
``(5) Certain property excluded from limitation.--Amounts
paid or incurred for property described in clause (i) or (ii)
of subsection (d)(2)(A) or subsection (d)(2)(B) shall not be
subject to the limitations in paragraphs (1) and (2) or
factored in for purposes of calculating the limitation under
such paragraph.''.
(d) Modifications Related to Qualified Energy Efficiency
Improvements.--
(1) Standards for energy efficient building envelope
components.--Section 25C(c)(2) is amended by striking
``meets--'' and all that follows through the period at the
end and inserting the following: ``meets--
``(A) in the case of an exterior window or skylight, Energy
Star most efficient certification requirements
``(B) in the case of any other component, the prescriptive
criteria for such component established by the most recent
International Energy Conservation Code standard in effect as
of the beginning of the calendar year which is 2 years prior
to the calendar year in which such component is placed in
service.''.
(2) Roofs not treated as building envelope components.--
Section 25C(c)(3) is amended by adding ``and'' at the end of
subparagraph (B), by striking ``, and'' at the end of
subparagraph (C) and inserting a period, and by striking
subparagraph (D).
(3) Air sealing insulation added to definition of building
envelope component.--Section 25C(c)(3)(A) is amended by
striking ``material or system'' and inserting ``material or
system, including air sealing material or system,''.
(e) Modification of Residential Energy Property
Expenditures.--Section 25C(d) is amended to read as follows:
``(d) Residential Energy Property Expenditures.--For
purposes of this section--
``(1) In general.--The term `residential energy property
expenditures' means expenditures made by the taxpayer for
qualified energy property which is--
``(A) installed on or in connection with a dwelling unit
located in the United States and used as a residence by the
taxpayer, and
``(B) originally placed in service by the taxpayer.
Such term includes expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the property.
``(2) Qualified energy property.--The term `qualified
energy property' means:
``(A) Any of the following which meet or exceed the highest
efficiency tier (not including any advanced tier) established
by the Consortium for Energy Efficiency which is in effect as
of the beginning of the calendar year in which the property
is placed in service:
``(i) An electric heat pump water heater.
``(ii) An electric heat pump.
``(iii) A central air conditioner.
``(iv) A natural gas, propane, or oil water heater.
``(v) A natural gas, propane, or oil furnace or hot water
boiler.
``(B) A biomass stove--
``(i) which uses the burning of biomass fuel to heat a
dwelling unit located in the United States and used as a
residence by the taxpayer, or to heat water for use in such a
dwelling unit, and
``(ii) which has a thermal efficiency rating of at least 75
percent (measured by the higher heating value of the fuel).
``(C) Any oil furnace or hot water boiler which--
``(i) is placed in service after December 31, 2021 and
before January 1, 2027 and meets or exceeds 2021 Energy Star
efficiency criteria and is rated by the manufacturer for use
with eligible fuel blends of 20 percent or more, or
``(ii) is placed in service after December 31, 2026 and
achieves an annual fuel utilization efficiency rate of not
less than 90 and is rated by the manufacturer for use with
eligible fuel blends of 50 percent or more.
``(3) Eligible fuel.--For purposes of paragraph (2), the
term `eligible fuel' means biodiesel and renewable diesel
(within the meaning of section 40A) and second generation
biofuel (within the meaning of section 40).''.
(f) Home Energy Audits.--
(1) In general.--Section 25C(a) is amended by striking
``and'' at the end of paragraph (1), by striking the period
at the end of paragraph (2) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(3) 30 percent of the amount paid or incurred by the
taxpayer during the taxable year for home energy audits.''.
(2) Limitation.--Section 25C(b), as amended by subsection
(c), is amended adding at the end the following new
paragraph:
``(5) Home energy audits.--
``(A) Dollar limitation.--The amount of the credit allowed
under this section by reason of subsection (a)(3) shall not
exceed $150.
``(B) Substantiation requirement.--No credit shall be
allowed under this section by reason of subsection (a)(3)
unless the taxpayer includes with the taxpayer's return of
tax such information or documentation as the Secretary may
require.''.
(3) Home energy audits.--
(A) In general.--Section 25C, as amended by subsection (a),
is amended by redesignating subsections (e), (f), and (g), as
subsections (f), (g), and (h), respectively, and by inserting
after subsection (d) the following new subsection:
``(e) Home Energy Audits.--For purposes of this section,
the term `home energy audit' means an inspection and written
report with respect to a dwelling unit located in the United
States and owned or used by the taxpayer as the taxpayer's
principal residence (within the meaning of section 121)
which--
``(1) identifies the most significant and cost-effective
energy efficiency improvements with respect to such dwelling
unit, including an estimate of the energy and cost savings
with respect to each such improvement, and
``(2) is conducted and prepared by a home energy auditor
that meets the certification or other requirements specified
by the Secretary (not later than 365 days after the date of
the enactment of this subsection) in regulations or other
guidance.''.
(B) Conforming amendment.--Section 1016(a)(33) is amended
by striking ``section 25C(f)'' and inserting ``section
25C(g)''.
(4) Lack of substantiation treated as mathematical or
clerical error.--Section 6213(g)(2) is amended--
(A) in subparagraph (P), by striking ``and'' at the end,
(B) in subparagraph (Q), by striking the period at the end
and inserting ``, and'', and
(C) by adding at the end the following:
``(R) an omission of correct information or documentation
required under section 25C(b)(5)(B) (relating to home energy
audits) to be included on a return.''.
(g) Identification Number Requirement.--
(1) In general.--Section 25C, as amended by subsections (a)
and (f), is amended by redesignating subsection (h) as
subsection (i) and by inserting after subsection (g) the
following new subsection:
``(h) Product Identification Number Requirement.--
``(1) In general.--No credit shall be allowed under
subsection (a) with respect to any item of specified property
placed in service after December 31, 2023, unless--
``(A) such item is produced by a qualified manufacturer,
and
``(B) the taxpayer includes the qualified product
identification number of such item on the return of tax for
the taxable year.
``(2) Qualified product identification number.--For
purposes of this section, the term `qualified product
identification number' means, with respect to any item of
specified property, the product identification number
assigned to such item by the qualified manufacturer pursuant
to the methodology referred to in paragraph (3).
``(3) Qualified manufacturer.--For purposes of this
section, the term `qualified manufacturer' means any
manufacturer of specified property which enters into an
agreement with the Secretary which provides that such
manufacturer will--
``(A) assign a product identification number to each item
of specified property produced by such manufacturer utilizing
a methodology that will ensure that such number (including
any alphanumeric) is unique to each such item (by utilizing
numbers or letters which are unique to such manufacturer or
by such other method as the Secretary may provide),
``(B) label such item with such number in such manner as
the Secretary may provide, and
``(C) make periodic written reports to the Secretary (at
such times and in such manner as the Secretary may provide)
of the product identification numbers so assigned and
including such
[[Page H6513]]
information as the Secretary may require with respect to the
item of specified property to which such number was so
assigned.
``(4) Specified property.--For purposes of this subsection,
the term `specified property' means any qualified energy
property and any property described in subparagraph (B) or
(C) of subsection (c)(3).''.
(2) Omission of correct product identification number
treated as mathematical or clerical error.--Section
6213(g)(2), as amended by the preceding provisions of this
Act, is amended--
(A) in subparagraph (Q), by striking ``and'' at the end,
(B) in subparagraph (R), by striking the period at the end
and inserting ``, and'', and
(C) by adding at the end the following:
``(S) an omission of a correct product identification
number required under section 25C(h) (relating to credit for
nonbusiness energy property) to be included on a return.''.
(h) Effective Dates.--
(1) In general.--Except as otherwise provided by this
subsection, the amendments made by this section shall apply
to property placed in service after December 31, 2021.
(2) Home energy audits.--The amendments made by subsection
(f) shall apply to amounts paid or incurred after December
31, 2021.
(3) Identification number requirement.--The amendments made
subsection (g) shall apply to property placed in service
after December 31, 2023.
SEC. 136302. RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) Extension of Credit.--
(1) In general.--Section 25D(h) is amended by striking
``December 31, 2023'' and inserting ``December 31, 2033''.
(2) Application of phaseout.--Section 25D(g) is amended--
(A) by striking ``before January 1, 2023'' in paragraph (2)
and inserting ``before January 1, 2022'',
(B) by striking ``and'' at the end of paragraph (2),
(C) by redesignating paragraph (3) as paragraph (5) and by
inserting after paragraph (2) the following new paragraphs:
``(3) in the case of property placed in service after
December 31, 2021, and before January 1, 2032, 30 percent,
``(4) in the case of property placed in service after
December 31, 2031, and before January 1, 2033, 26 percent,
and'', and
(D) by striking ``December 31, 2022, and before January 1,
2024'' in paragraph (5) (as so redesignated) and inserting
``December 31, 2032, and before January 1, 2034''.
(b) Residential Energy Efficient Property Credit for
Battery Storage Technology.--
(1) In general.--Section 25D(a) is amended by striking
``and'' at the end of paragraph (5) and by inserting after
paragraph (6) the following new paragraph:
``(7) the qualified battery storage technology
expenditures,''.
(2) Qualified battery storage technology expenditure.--
Section 25D(d) is amended by adding at the end the following
new paragraph:
``(7) Qualified battery storage technology expenditure.--
The term `qualified battery storage technology expenditure'
means an expenditure for battery storage technology which--
``(A) is installed in connection with a dwelling unit
located in the United States and used as a residence by the
taxpayer, and
``(B) has a capacity of not less than 3 kilowatt hours.''.
(c) Credit Made Refundable; Installer Requirements;
Treatment of Certain Possessions.--Section 25D is amended by
redesignating subsection (h) as subsection (k) and by
inserting after subsection (g) the following new subsections:
``(h) Credit Made Refundable for Taxable Years After
2023.--In the case of any taxable year beginning after
December 31, 2023, the credit allowed under subsection (a)
(excluding any credit carried forward from a previous taxable
year) shall be treated as a credit allowed under subpart C
(and not allowed under this subpart).
``(i) Requirement for Qualified Installer.--
``(1) In general.--No credit shall be allowed under this
section with respect to any property described in subsection
(a) placed in service after December 31, 2023 unless--
``(A) such property is installed by a qualified installer,
and
``(B) the taxpayer includes the qualified installation
identification number described in paragraph (3) on the
return of tax for the taxable year.
``(2) Qualified installer.--
``(A) In general.--For purposes of this section, the term
`qualified installer' means an installer who enters into an
agreement with the Secretary which provides that such
installer will, with respect to expenditures described in
subsection (a) in connection with the residence of a
taxpayer--
``(i) provide the taxpayer with a qualified installation
identification number and a written receipt of the purchase
and installation of such property in a manner prescribed by
the Secretary, and
``(ii) make periodic written reports to the Secretary (in
such manner as the Secretary may provide) of installation
identification numbers assigned by the installer
corresponding to such expenditures, including such
information as the Secretary may require with respect to such
expenditures.
``(B) Installer deemed to meet requirement.--For purposes
of subparagraph (A), to the extent provided by the Secretary,
an installer may be deemed to meet the requirement under
clause (ii) of such subparagraph on the basis of information
available to the Secretary which the Secretary determines is
reasonably reliable for purposes of determining the amount of
qualified expenditures under subsection (a) made by a
taxpayer in connection with a residence of such taxpayer.
``(3) Qualified installation identification number.--For
purposes of this section, the term `qualified installation
identification number' means a unique identification number
with respect to expenditures described in subsection (a) in
connection with a residence of a taxpayer that is installed
by a qualified installer.
``(4) Registration.--The Secretary may require such
information or registration of a qualified installer as the
Secretary deems necessary or appropriate for purposes of
preventing duplication, fraud, or improper claims with
respect to property described in subsection (a). Under
regulations or other guidance prescribed by the Secretary,
the registration of any person under this section may be
denied, revoked, or suspended if the Secretary determines
that such denial, revocation, or suspension is necessary to
prevent duplication, fraud, or improper claims with respect
to property described in subsection (a).
``(j) Treatment of Certain Possessions.--
``(1) Payments to possessions with mirror code tax
systems.--The Secretary shall pay to each possession of the
United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of
the application of the provisions of this section. Such
amounts shall be determined by the Secretary based on
information provided by the government of the respective
possession.
``(2) Payments to other possessions.--The Secretary shall
pay to each possession of the United States which does not
have a mirror code tax system amounts estimated by the
Secretary as being equal to the aggregate benefits (if any)
that would have been provided to residents of such possession
by reason of the provisions of this section if a mirror code
tax system had been in effect in such possession. The
preceding sentence shall not apply unless the respective
possession has a plan which has been approved by the
Secretary under which such possession will promptly
distribute such payments to its residents.
``(3) Mirror code tax system; treatment of payments.--Rules
similar to the rules of paragraphs (3), (4), and (5) of
section 21(h) shall apply for purposes of this section.''.
(d) Certain Expenditures Disallowed.--Section 25D is
amended--
(1) in subsection (a), by adding ``and'' at the end of
paragraph (4), by striking the comma at the end of paragraph
(5) and inserting a period, and by striking paragraph (6),
and
(2) in subsection (d), by striking paragraph (6).
(e) Carryforward of Unused Credit Disallowed.--Section 25D
is amended by striking subsection (c).
(f) Conforming Amendment.--Section 6213(g)(2), as amended
by the preceding provisions of this Act, is amended--
(1) in subparagraph (T), by striking ``and'' at the end,
(2) in subparagraph (U), by striking the period at the end
and inserting ``, and'', and
(3) by adding at the end the following:
``(V) an omission of a correct qualified installation
identification number required under section 25D (relating to
credit for residential energy efficient property) to be
included on a return.''.
(g) Effective Dates.--
(1) The amendments made by subsections (a), (b), (d), and
(f) shall apply to expenditures made after December 31, 2021.
(2) The amendments made by subsections (c) and (e) shall
apply to expenditures made after December 31, 2022.
SEC. 136303. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) Placed in Service Requirement.--Section 179D(c)(2) is
amended to read as follows:
``(2) Reference standard 90.1.--The term `Reference
Standard 90.1' means, with respect to any property, the more
recent of--
``(A) Standard 90.1-2007 published by the American Society
of Heating, Refrigerating, and Air Conditioning Engineers and
the Illuminating Engineering Society of North America, or
``(B) the most recent Standard 90.1 published by the
American Society of Heating, Refrigerating, and Air
Conditioning Engineers and the Illuminating Engineering
Society of North America for which the Department of Energy
has issued a final determination and which has been affirmed
by the Secretary for purposes of this section not later than
the date that is 4 years before the date such property is
placed in service.''.
(b) Temporary Increase in Deduction, etc..--Section 179D is
amended by adding at the end the following:
``(i) Temporary Rules.--
``(1) Period of application.--The provisions of this
subsection shall apply only to taxable years beginning after
December 31, 2021, and before January 1, 2032.
``(2) Modification of efficiency standard.--Subsection
(c)(1)(D) shall be applied by substituting `25' for `50'.
``(3) Maximum amount of deduction.--
``(A) In general.--The deduction under subsection (a) with
respect to any building for any taxable year shall not exceed
the excess (if any) of--
``(i) the product of--
``(I) the applicable dollar value, and
``(II) the square footage of the building, over
``(ii) the aggregate amount of the deductions under
subsection (a) and paragraph (6) with respect to the building
for the 3 taxable years immediately preceding such taxable
year (or, in the case of any such deduction allowable to a
person other than the taxpayer, for any taxable year ending
during the 4-taxable-year period ending with such taxable
year).
[[Page H6514]]
``(B) Applicable dollar value.--For purposes of paragraph
(3)(A)(i), the applicable dollar value shall be an amount
equal to $0.50 increased (but not above $1.00) by $0.02 for
each percentage point by which the total annual energy and
power costs for the building are certified to be reduced by a
percentage greater than 25 percent.
``(C) Application of inflation adjustment.--Subsection (g)
shall be applied--
``(i) by substituting `2022' for `2020',
``(ii) by substituting `subsection (i)(3)(B)' for
`subsection (b) or subsection (d)(1)(A)', and
``(iii) by substituting `2021' for `2019'.
``(D) Limitation to apply in lieu of current limitation and
partial allowance.--Subsections (b) and (d)(1) shall not
apply.
``(4) Increased credit amount for certain property.--
``(A) In general.--In the case of any property which
satisfies the requirements of subparagraph (B), paragraph
(3)(B) shall be applied by substituting `$2.50' for `$0.50',
`$.10' for `$.02', and `$5.00' for `$1.00'.
``(B) Project requirements.--A project meets the
requirements of this subparagraph if it is one of the
following:
``(i) A building or qualified retrofit plan the
construction of which begins prior to 60 days after the
Secretary publishes guidance with respect to the requirements
of paragraphs (5) and (6).
``(ii) A building or qualified retrofit plan the
construction of which satisfies the requirements of
paragraphs (5) and (6).
``(5) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any project are that the
taxpayer shall ensure that any laborers and mechanics
employed by contractors and subcontractors in the
construction of any property or with respect to building
modifications made as part of a qualified retrofit plan shall
be paid wages at rates not less than the prevailing rates for
construction, alteration, or repair of a similar character in
the locality as most recently determined by the Secretary of
Labor, in accordance with subchapter IV of chapter 31 of
title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of clauses (i)
through (iv) of section 45(b)(7)(B) shall apply.
``(6) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(7) Allocation of deduction by certain tax-exempt
entities.--
``(A) In general.--A specified tax-exempt entity shall be
treated in the same manner as a Federal, State, or local
government for purposes of applying subsection (d)(4).
``(B) Specified tax-exempt entity.--For purposes of this
paragraph, the term `specified tax-exempt entity' means--
``(i) the United States, any State or political subdivision
thereof, any possession of the United States, or any agency
or instrumentality of any of the foregoing,
``(ii) an Indian tribal government (as defined in section
48(e)(4)(F)(ii)) or Alaska Native Corporation (as defined in
section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(m)), and
``(iii) any organization exempt from tax imposed by this
chapter.
``(8) Alternative deduction for energy efficient retrofit
building property.--
``(A) In general.--In the case of a taxpayer which elects
(at such time and in such manner as the Secretary may
provide) the application of this paragraph with respect to
any qualified building, there shall be allowed as a deduction
for the taxable year which includes the date of the
qualifying final certification with respect to the qualified
retrofit plan of such building, an amount equal to the lesser
of--
``(i) the excess described in paragraph (3) (determined by
substituting `energy usage intensity' for `total annual
energy and power costs' in subparagraph (B) thereof), or
``(ii) the aggregate adjusted basis (determined after
taking into account all adjustments with respect to such
taxable year other than the reduction under subsection (e))
of energy efficient retrofit building property placed in
service by the taxpayer pursuant to such qualified retrofit
plan.
``(B) Qualified retrofit plan.--For purposes of this
paragraph, the term `qualified retrofit plan' means a written
plan prepared by a qualified professional which specifies
modifications to a building which, in the aggregate, are
expected to reduce such building's energy usage intensity by
25 percent or more in comparison to the baseline energy usage
intensity of such building. Such plan shall provide for a
qualified professional to--
``(i) as of any date during the 1-year period ending on the
date of the first certification described in clause (ii),
certify the energy usage intensity of such building as of
such date,
``(ii) certify the status of property installed pursuant to
such plan as meeting the requirements of clauses (ii) and
(iii) subparagraph (C), and
``(iii) as of any date that is more than 1 year after
completion of the plan, certify the energy usage intensity of
such building as of such date.
``(C) Energy efficient retrofit building property.--For
purposes of this paragraph, the term `energy efficient
retrofit building property' means property--
``(i) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable,
``(ii) which is installed on or in any qualified building,
``(iii) which is installed as part of--
``(I) the interior lighting systems,
``(II) the heating, cooling, ventilation, and hot water
systems, or
``(III) the building envelope, and
``(iv) which is certified in accordance with subparagraph
(B)(ii) as meeting the requirements of clauses (ii) and
(iii).
``(D) Qualified building.--For purposes of this paragraph,
the term `qualified building' means any building which--
``(i) is located in the United States, and
``(ii) was originally placed in service not less than 5
years before the establishment of the qualified retrofit plan
with respect to such building.
``(E) Qualifying final certification.--For purposes of this
paragraph, the term `qualifying final certification' means,
with respect to any qualified retrofit plan, the
certification described in subparagraph (B)(iii) if the
energy usage intensity certified in such certification is not
more than 75 percent of the baseline energy usage intensity
of the building.
``(F) Baseline energy usage intensity.--
``(i) In general.--The term `baseline energy usage
intensity' means the energy usage intensity certified under
subparagraph (B)(i), as adjusted to take into account weather
as compared to the energy usage intensity determined under
subparagraph (B)(iii).
``(ii) Determination of adjustment.--For purposes of clause
(i), the adjustments described in such clause shall be
determined in such manner as the Secretary may provide.
``(G) Other definitions.--For purposes of this paragraph--
``(i) Energy usage intensity.--The term `energy usage
intensity' means the annualized, measured site energy usage
intensity determined in accordance with such regulations or
other guidance as the Secretary may provide and measured in
British thermal units.
``(ii) Qualified professional.--The term `qualified
professional' means an individual who is a licensed architect
or a licenced engineer and meets such other requirements as
the Secretary may provide.
``(H) Coordination with deduction otherwise allowed under
subsection (a).--
``(i) In general.--In the case of any building with respect
to which an election is made under subparagraph (A), the term
`energy efficient commercial building property' shall not
include any energy efficient retrofit building property with
respect to which a deduction is allowable under this
paragraph.
``(ii) Certain rules not applicable.--
``(I) In general.--Except as provided in subclause (II),
subsection (d) shall not apply for purposes of this
paragraph.
``(II) Allocation of deduction by certain tax-exempt
entities.--Rules similar to subsection (d)(4) (determined
after application of paragraph (5)) shall apply for purposes
of this paragraph.''.
(c) Application to Real Estate Investment Trust Earnings
and Profits.--Section 312(k)(3)(B) is amended--
(1) by striking ``for purposes of computing the earnings
and profits of a corporation'' and inserting the following:
``(i) In general.--For purposes of computing the earnings
and profits of a corporation, except as provided in clause
(ii)'', and
(2) by adding at the end the following new clause:
``(ii) Special rule.--In the case of a corporation that is
a real estate investment trust, any amount deductible under
section 179D shall be allowed in the year in which the
property giving rise to such deduction is placed in
service.''.
(d) Conforming Amendment.--Section 179D(d)(2) is amended by
striking ``not later than the date that is 2 years before the
date that construction of such property begins'' and
inserting ``not later than the date that is 4 years before
the date such property is placed in service''.
(e) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendment made by this section shall apply to
taxable years beginning after December 31, 2021.
(2) Alternative deduction for energy efficient retrofit
building property.--Paragraph (8) of section 179D(i) of the
Internal Revenue Code of 1986 (as added by this section), and
any other provision of such section solely for purposes of
applying such paragraph, shall apply to property placed in
service after December 31, 2021 (in taxable years ending
after such date) if such property is placed in service
pursuant to qualified retrofit plan (within the meaning of
such section) established after such date.
SEC. 136304. EXTENSION, INCREASE, AND MODIFICATIONS OF NEW
ENERGY EFFICIENT HOME CREDIT.
(a) Extension of Credit.--Section 45L(g) is amended by
striking ``December 31, 2021'' and inserting ``December 31,
2031''.
(b) Increase in Credit Amounts.--Section 45L(a)(2) is
amended to read as follows:
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to--
``(A) in the case of a dwelling unit which is eligible to
participate in the Energy Star Residential New Construction
Program or the Energy Star Manufactured New Homes program--
``(i) that is described in subsection (c)(1)(A) (and not
described in subsection (c)(1)(B)), $2,500, and
``(ii) that is described in subsection (c)(1)(B), $5000,
and
``(B) in the case of a dwelling unit which is part of a
building eligible to participate in the Energy Star
Multifamily New Construction Program--
``(i) that is described in subsection (c)(1)(A) (and not
described in subsection (c)(1)(B)), $500, and
``(ii) that is described in subsection (c)(1)(B), $1000.''.
(c) Modification of Energy Saving Requirements.--Section
45L(c) is amended to read as follows:
``(c) Energy Saving Requirements.--
[[Page H6515]]
``(1) In general.--A dwelling unit meets the energy saving
requirements of this subsection if--
``(A) such dwelling unit meets the requirements of
paragraph (2) or (3) (whichever is applicable), or
``(B) such dwelling unit is certified as a zero energy
ready home under the zero energy ready home program of the
Department of Energy (or any successor program determined by
the Secretary) as in effect on January 1, 2022.
``(2) Single-family home requirements.--A dwelling unit
meets the requirements of this paragraph if--
``(A) such dwelling unit meets--
``(i) in the case of a dwelling unit acquired before
January 1, 2025, the Energy Star Single-Family New Homes
National Program Requirements 3.1, and
``(ii) in the case of a dwelling unit acquired after
December 31, 2024, the Energy Star Single-Family New Homes
National Program Requirements 3.2,
``(B) such dwelling unit meets the most recent Energy Star
Single-Family New Homes Program Requirements applicable to
the location of such dwelling unit (as in effect on the
latter of January 1, 2022 or January 1 of two calendar years
prior to the date the dwelling unit was acquired), or
``(C) such dwelling unit meets the most recent Energy Star
Manufactured Home National program requirements as in effect
on the latter of January 1, 2022 or January 1 of two calendar
years prior to the date such dwelling unit is acquired.
``(3) Multi-family home requirements.--A dwelling unit
meets the requirements of this paragraph if--
``(A) such dwelling unit meets the most recent Energy Star
Multifamily New Construction National Program Requirements
(as in effect on either January 1, 2022 or January 1 of three
calendar years prior to the date the dwelling was acquired,
whichever is later), and
``(B) such dwelling unit meets the most recent Energy Star
Multifamily New Construction Regional Program Requirements
applicable to the location of such dwelling unit (as in
effect on either January 1, 2022 or January 1 of three
calendar years prior to the date the dwelling was acquired,
whichever is later).''.
(d) Prevailing Wage Requirement.--Section 45L is amended by
redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
``(g) Prevailing Wage Requirement.--
``(1) In general.--In the case of a qualifying residence
described in subsection (b)(2)(B) meeting the prevailing wage
requirements of paragraph (2), the credit amount allowed with
respect to such residence shall be--
``(A) $2,500 in the case of a residence described in
subparagraph (A) of subsection (c)(1) (and not described in
subparagraph (B) of such subsection), and
``(B) $5,000 in the case of a residence described in
(c)(1)(B).
``(2) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
paragraph with respect to any qualified residence are that
the taxpayer shall ensure that any laborers and mechanics
employed by contractors and subcontractors in the
construction of such residence shall be paid wages at rates
not less than the prevailing rates for construction,
alteration, or repair of a similar character in the locality
as most recently determined by the Secretary of Labor, in
accordance with subchapter IV of chapter 31 of title 40,
United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of clauses (i)
through (iv) of section 45(b)(7)(B) shall apply.
``(3) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary or appropriate to carry out the purposes
of this subsection, including regulations or other guidance
which provides for requirements for recordkeeping or
information reporting for purposes of establishing the
requirements of this subsection.''.
(e) Effective Dates.--The amendments made by this section
shall apply to dwelling units acquired after December 31,
2021.
SEC. 136305. MODIFICATIONS TO INCOME EXCLUSION FOR
CONSERVATION SUBSIDIES.
(a) In General.--Section 136(a) is amended--
(1) by striking ``any subsidy provided'' and inserting
``any subsidy--
``(1) provided'',
(2) by striking the period at the end and inserting a
comma, and
(3) by adding at the end the following new paragraphs:
``(2) provided (directly or indirectly) by a public utility
to a customer, or by a State or local government to a
resident of such State or locality, for the purchase or
installation of any water conservation or efficiency measure,
``(3) provided (directly or indirectly) by a storm water
management provider to a customer, or by a State or local
government to a resident of such State or locality, for the
purchase or installation of any storm water management
measure, or
``(4) provided (directly or indirectly) by a State or local
government to a resident of such State or locality for the
purchase or installation of any wastewater management
measure, but only if such measure is with respect to the
taxpayer's principal residence.''.
(b) Conforming Amendments.--
(1) Definition of water conservation or efficiency measure
and storm water management measure.--Section 136(c) is
amended--
(A) by striking ``Energy Conservation Measure'' in the
heading thereof and inserting ``Definitions'',
(B) by striking ``In general'' in the heading of paragraph
(1) and inserting ``Energy conservation measure'', and
(C) by redesignating paragraph (2) as paragraph (5) and by
inserting after paragraph (1) the following:
``(2) Water conservation or efficiency measure.--For
purposes of this section, the term `water conservation or
efficiency measure' means any evaluation of water use, or any
installation or modification of property, the primary purpose
of which is to reduce consumption of water or to improve the
management of water demand with respect to one or more
dwelling units.
``(3) Storm water management measure.--For purposes of this
section, the term `storm water management measure' means any
installation or modification of property primarily designed
to reduce or manage amounts of storm water with respect to
one or more dwelling units.
``(4) Wastewater management measure.--For purposes of this
section, the term `wastewater management measure' means any
installation or modification of property primarily designed
to manage wastewater (including septic tanks and cesspools)
with respect to one or more dwelling units.''.
(2) Definition of public utility.--Section 136(c)(5) (as
redesignated by paragraph (1)(C)) is amended by striking
subparagraph (B) and inserting the following:
``(B) Public utility.--The term `public utility' means a
person engaged in the sale of electricity, natural gas, or
water to residential, commercial, or industrial customers for
use by such customers.
``(C) Storm water management provider.--The term `storm
water management provider' means a person engaged in the
provision of storm water management measures to the public.
``(D) Person.--For purposes of subparagraphs (B) and (C),
the term `person' includes the Federal Government, a State or
local government or any political subdivision thereof, or any
instrumentality of any of the foregoing.''.
(3) Clerical amendments.--
(A) The heading for section 136 is amended--
(i) by inserting ``and water'' after ``energy'', and
(ii) by striking ``provided by public utilities''.
(B) The item relating to section 136 in the table of
sections of part III of subchapter B of chapter 1 is
amended--
(i) by inserting ``and water'' after ``energy'', and
(ii) by striking ``provided by public utilities''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts received after December 31, 2018.
(d) No Inference.--Nothing in this Act or the amendments
made by this Act shall be construed to create any inference
with respect to the proper tax treatment of any subsidy
received directly or indirectly from a public utility, a
storm water management provider, or a State or local
government for any water conservation measure or storm water
management measure before January 1, 2019.
SEC. 136306. CREDIT FOR QUALIFIED WILDFIRE MITIGATION
EXPENDITURES.
(a) In General.--Subpart B of part IV of subchapter A of
chapter 1 is amended by inserting after section 27 the
following new section:
``SEC. 28. QUALIFIED WILDFIRE MITIGATION EXPENDITURES.
``(a) In General.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to 30 percent of the qualified wildfire
mitigation expenditures paid or incurred by the taxpayer
during such taxable year with respect to real property owned
or leased by the taxpayer.
``(b) Qualified Wildfire Mitigation Expenditures.--For
purposes of this section--
``(1) In general.--The term `qualified wildfire mitigation
expenditures' means any specified wildfire mitigation
expenditure made pursuant to a qualified State wildfire
mitigation program of a State which requires expenditures for
wildfire mitigation to be paid both by the taxpayer and such
State. Such term shall not include any item of expenditure
unless the ratio of the State's expenditure for such item to
the sum of the State's and taxpayer's expenditures for such
item is not less than 25 percent.
``(2) Specified wildfire mitigation expenditure.--The term
`specified wildfire mitigation expenditure' means, with
respect to any real property owned or leased by the taxpayer,
any amount paid or incurred to reduce the risk of wildfire by
removing accumulations of vegetation (including establishing,
expanding, or maintaining fuel breaks to serve as fire
breaks) on such real property.
``(3) Qualified state wildfire mitigation program.--The
term `qualified State wildfire mitigation program' means any
program of a State the primary purpose of which is to
mitigate the risk of wildfires in such State.
``(4) Treatment of reimbursements.--Any amount originally
paid or incurred by the taxpayer which is reimbursed by a
State under a qualified wildfire mitigation program of such
State shall be treated as paid by such State (and not by such
taxpayer).
``(c) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without
regard to this subsection) that is attributable to
expenditures made in the ordinary course of the taxpayer's
trade or business (or, in the case of expenditures made by a
State, would have been expenditures made in the ordinary
course of the taxpayer's trade or business if made by the
taxpayer) shall be treated as a credit listed in section
38(b) for taxable year (and not allowed under subsection
(a)).
[[Page H6516]]
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such
taxable year.
``(d) Reduction of Credit Percentage Where Taxpayer
Expenditures Less Than 30 Percent.--
``(1) In general.--If the expenditure percentage with
respect to any item of qualified wildfire mitigation
expenditure is less than 30 percent, subsection (a) shall be
applied by substituting `the expenditure percentage' for `30
percent' with respect to such item of expenditure.
``(2) Expenditure percentage.--For purposes of this
section, the term `expenditure percentage' means, with
respect to any item of qualified wildfire mitigation
expenditure any portion of which is paid or incurred by a
State, the ratio (expressed as a percentage) of--
``(A) the taxpayer's expenditure for such item, divided by
``(B) the sum of the taxpayer's and such State's
expenditures for such item.
``(e) Special Rules.--
``(1) Treatment of expenditures related to marketable
timber.--An expenditure shall not be taken into account for
purposes of this section (whether made by the taxpayer or a
State pursuant to a qualified State wildfire mitigation
program of such State) if such expenditure is properly
allocable to timber which is sold or exchanged by the
taxpayer. The preceding sentence shall not apply to the
extent that such amount exceeds the gain on such sale or
exchange.
``(2) Basis reduction.--For purposes of this subtitle, if
the basis of any property would (but for this paragraph) be
determined by taking into account any qualified wildfire
mitigation expenditure, the basis of such property shall be
reduced by the amount of the credit allowed under subsection
(a) with respect to such expenditure (determined without
regard to subsection (c)).
``(3) Denial of double benefit.--The amount of any
deduction or other credit allowable under this chapter for
any expenditure for which a credit is allowable under
subsection (a) shall be reduced by the amount of credit
allowed under such subsection for such expenditure
(determined without regard to subsection (c)).''.
(b) Conforming Amendments.--
(1) Section 38(b), as amended by the preceding provisions
of this Act, is amended by striking ``plus'' at the end of
paragraph (35), by striking the period at the end of
paragraph (36) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(37) the portion of the qualified wildfire mitigation
expenditures credit to which section 28(c)(1) applies.''.
(2) Section 1016(a) is amended by redesignating paragraphs
(35) through (38) as paragraphs (36) through (39),
respectively, and by inserting after paragraph (34) the
following new paragraph:
``(35) to the extent provided in section 28(e)(2),''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 27 the following new item:
``Sec. 28. Qualified wildfire mitigation expenditures.''.
(c) Effective Date.--The amendments made by this section
shall apply to expenditures paid or incurred after the date
of the enactment of this Act, in taxable years ending after
such date.
PART 4--GREENING THE FLEET AND ALTERNATIVE VEHICLES
SEC. 136401. REFUNDABLE NEW QUALIFIED PLUG-IN ELECTRIC DRIVE
MOTOR VEHICLE CREDIT FOR INDIVIDUALS.
(a) In General.--Subpart C of part IV of subchapter A of
chapter 1 is amended by inserting after section 36B the
following new section:
``SEC. 36C. NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR
VEHICLES.
``(a) Allowance of Credit.--In the case of an individual,
there shall be allowed as a credit against the tax imposed by
this subtitle for the taxable year an amount equal to the
credit amount determined under subsection (b) with respect to
a new qualified plug-in electric drive motor vehicle placed
in service by the taxpayer during the taxable year.
``(b) Credit Amount.--
``(1) In general.--The amount determined under this
subsection with respect to any new qualified plug-in electric
drive motor vehicle is the sum of the amounts determined
under paragraphs (2) through (5) with respect to such vehicle
(not to exceed 50 percent of the purchase price of such
vehicle).
``(2) Base amount.--The amount determined under this
paragraph is $4,000.
``(3) Battery capacity.--In the case of a new qualified
plug-in electric drive motor vehicle, the amount determined
under this paragraph is $3,500 if--
``(A) in the case of a vehicle placed in service before
January 1, 2027, such vehicle draws propulsion energy from a
battery with not less than 40 kilowatt hours of capacity and
has a gasoline tank capacity not greater than 2.5 gallons,
and
``(B) in the case of a vehicle placed in service after
December 31, 2026, such vehicle draws propulsion energy from
a battery with not less than 50 kilowatt hours of capacity
and has a gasoline tank capacity not greater than 2.5
gallons.
``(4) Domestic assembly.--In the case of a new qualified
plug-in electric drive motor vehicle which satisfies the
domestic assembly qualifications, the amount determined under
this paragraph is $4,500.
``(5) Domestic content.--In the case of a new qualified
plug-in electric drive motor vehicle which satisfies domestic
content qualifications, the amount determined under this
paragraph is $500.
``(c) Vehicle Limitation.--The number of new qualified
plug-in electric drive motor vehicles taken in account under
subsection (a) shall not exceed 1 per taxpayer per taxable
year.
``(d) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount of the credit allowable under
subsection (a) for any taxable year shall be reduced (but not
below zero) by $200 for each $1,000 (or fraction thereof) by
which--
``(A) the lesser of--
``(i) the taxpayer's modified adjusted gross income for
such taxable year, or
``(ii) the taxpayer's modified adjusted gross income for
the preceding taxable year, exceeds
``(B) the threshold amount.
For purposes of the preceding sentence, the term `modified
adjusted gross income' means adjusted gross income increased
by any amount excluded from gross income under section 911,
931, or 933.
``(2) Threshold amount.--For purposes of paragraph (1), the
term `threshold amount' means--
``(A) $500,000 in the case of a joint return or surviving
spouse (half such amount in the case of a married individual
filing a separate return),
``(B) $375,000 in the case of a head of household, and
``(C) $250,000 in any other case.
``(e) Manufacturer's Suggested Retail Price Limitation.--
``(1) In general.--No credit shall be allowed under
subsection (a) for a vehicle with a manufacturer's suggested
retail price in excess of the applicable limitation.
``(2) Applicable limitation.--For purposes of paragraph
(1), the applicable limitation for each vehicle
classification is as follows:
``(A) Vans.--In the case of a van, $80,000.
``(B) Sport utility vehicles.--In the case of a sport
utility vehicle, $80,000.
``(C) Pickup trucks.--In the case of a pickup truck,
$80,000.
``(D) Other.--In the case of any other vehicle, $55,000.
``(3) Regulations and guidance.--For purposes of this
subsection, the Secretary shall prescribe such regulations or
other guidance as the Secretary determines necessary or
appropriate for determining vehicle classifications using
criteria similar to that employed by the Environmental
Protection Agency and the Department of the Energy to
determine size and class of vehicles.''
``(f) New Qualified Plug-in Electric Drive Motor Vehicle.--
For purposes of this section--
``(1) In general.--The term `new qualified plug-in electric
drive motor vehicle' means a motor vehicle--
``(A) the original use of which commences with the
taxpayer,
``(B) which is acquired for use by the taxpayer and not for
resale,
``(C) which is made by a qualified manufacturer,
``(D) which is treated as a motor vehicle for purposes of
title II of the Clean Air Act,
``(E) which has a gross vehicle weight rating of less than
14,000 pounds,
``(F) which is propelled to a significant extent by an
electric motor which draws electricity from a battery which--
``(i) has a capacity of not less than 10 kilowatt hours,
and
``(ii) is capable of being recharged from an external
source of electricity,
``(G) with respect to which, in the case of a vehicle
placed in service after December 31, 2026, final assembly is
within the United States,
``(H) is not of a character subject to an allowance for
depreciation, and
``(I) for which the person who sells or leases any new
qualified plug-in electric drive motor vehicle to the
taxpayer furnishes a report to the taxpayer and to the
Secretary, at such time and in such manner as the Secretary
shall provide, containing--
``(i) the name and taxpayer identification number of the
taxpayer,
``(ii) the vehicle identification number of the vehicle,
unless, in accordance with any applicable rules promulgated
by the Secretary of Transportation, the vehicle is not
assigned such a number,
``(iii) the battery capacity of the vehicle,
``(iv) in the case of any new qualified plug-in electric
drive motor vehicle, verification that original use of the
vehicle commences with the taxpayer,
``(v) the maximum credit under this section allowable to
the taxpayer with respect to the vehicle, and
``(vi) in the case of a taxpayer who makes an election
under subsection (k)(1)--
``(I) the modified adjusted gross income of such taxpayer
in the previous taxable year, as described in subsection
(k)(6)(A), and
``(II) any amount described in subsection (k)(2)(C) which
has been provided to such taxpayer.
``(2) Motor vehicle.--The term `motor vehicle' means any
vehicle which is manufactured primarily for use on public
streets, roads, and highways (not including a vehicle
operated exclusively on a rail or rails) and which has at
least 4 wheels.
``(3) Qualified manufacturer.--The term `qualified
manufacturer' means any manufacturer (within the meaning of
the regulations prescribed by the Administrator of the
Environmental Protection Agency for purposes of the
administration of title II of the Clean Air Act (42 U.S.C.
7521 et seq.)) which enters into a written agreement with the
Secretary under which such manufacturer agrees--
``(A) to ensure that each vehicle manufactured by such
manufacturer after the later of the date on which such
agreement takes effect or December 31, 2021, and that meets
the requirements of subsection (d), subparagraphs (D), (E),
and (F) of paragraph (1), and paragraph (6) of subsection (f)
is labeled with a unique vehicle identification number, and
[[Page H6517]]
``(B) to make periodic written reports to the Secretary (at
such times and in such manner as the Secretary may provide)
providing such vehicle identification numbers and such other
information related to such vehicle as the Secretary may
require.
``(4) Battery capacity.--The term `capacity' means, with
respect to any battery, the quantity of electricity which the
battery is capable of storing, expressed in kilowatt hours,
as measured from a 100 percent state of charge to a 0 percent
state of charge.
``(g) Special Rules.--
``(1) Basis reduction.--For purposes of this subtitle, the
basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit
so allowed.
``(2) No double benefit.--The amount of any deduction or
other credit allowable under this chapter for a vehicle for
which a credit is allowable under subsection (a) shall be
reduced by the amount of credit allowed under such subsection
for such vehicle.
``(3) Property used outside united states not qualified.--
No credit shall be allowable under subsection (a) with
respect to any property referred to in section 50(b)(1).
``(4) Recapture.--The Secretary shall, by regulations or
other guidance, provide for recapturing the benefit of any
credit allowable under subsection (a) with respect to any
property which ceases to be property eligible for such
credit.
``(5) Election not to take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects to not have this section apply to such vehicle.
``(6) Interaction with air quality and motor vehicle safety
standards.--A vehicle shall not be considered eligible for a
credit under this section unless such vehicle is in
compliance with--
``(A) the applicable provisions of the Clean Air Act for
the applicable make and model year of the vehicle (or
applicable air quality provisions of State law in the case of
a State which has adopted such provision under a waiver under
section 209(b) of the Clean Air Act), and
``(B) the motor vehicle safety provisions of sections 30101
through 30169 of title 49, United States Code.
``(h) Credit Allowed for 2 and 3-wheeled Plug-in Electric
Vehicles.--
``(1) In general.--In the case of a qualified 2- or 3-
wheeled plug-in electric vehicle--
``(A) there shall be allowed as a credit against the tax
imposed by this subtitle for the taxable year an amount equal
to the sum of the applicable amount with respect to each such
qualified 2- or 3-wheeled plug-in electric vehicle placed in
service by the taxpayer during the taxable year, and
``(B) the amount of the credit allowed under subparagraph
(A) shall be treated as a credit allowed under subsection
(a).
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to the lesser of--
``(A) 30 percent of the cost of the qualified 2- or 3-
wheeled plug-in electric vehicle, or
``(B) $7,500.
``(3) Qualified 2- or 3-wheeled plug-in electric vehicle.--
The term `qualified 2- or 3-wheeled plug-in electric vehicle'
means any vehicle which--
``(A) has 2 or 3 wheels,
``(B) meets the requirements of--
``(i) subparagraphs (A), (B), (C), (E), (F), (G), and (I)
of subsection (e)(1) (determined by substituting `2.5
kilowatt hours' for `10 kilowatt hours' in subparagraph
(F)(i)),
``(ii) paragraphs (3) and (4) of subsection (e), and
``(iii) subsections (f), (h), (i), and (k),
``(C) is manufactured primarily for use on public streets,
roads, and highways, and
``(D) is capable of achieving a speed of 45 miles per hour
or greater.
``(i) VIN Number Requirement.--No credit shall be allowed
under this section with respect to any vehicle unless the
taxpayer includes the vehicle identification number of such
vehicle on the return of tax for the taxable year.
``(j) Treatment of Certain Possessions.--
``(1) Payments to possessions with mirror code tax
systems.--The Secretary shall pay to each possession of the
United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of
the application of the provisions of this section (determined
without regard to this subsection). Such amounts shall be
determined by the Secretary based on information provided by
the government of the respective possession.
``(2) Payments to other possessions.--The Secretary shall
pay to each possession of the United States which does not
have a mirror code tax system amounts estimated by the
Secretary as being equal to the aggregate benefits (if any)
that would have been provided to residents of such possession
by reason of the provisions of this section if a mirror code
tax system had been in effect in such possession. The
preceding sentence shall not apply unless the respective
possession has a plan which has been approved by the
Secretary under which such possession will promptly
distribute such payments to its residents.
``(3) Mirror code tax system; treatment of payments.--Rules
similar to the rules of paragraphs (3), (4), and (5) of
section 21(h) shall apply for purposes of this section.
``(k) Assembly and Content Qualifications.--For purposes of
this section--
``(1) Domestic assembly qualifications.--The term `domestic
assembly qualifications' means, with respect to any new
qualified plug-in electric vehicle, that the final assembly
of such vehicle occurs at a plant, factory, or other place
which is located in the United States and operating under a
collective bargaining agreement negotiated by an employee
organization (as defined in section 412(c)(4)), determined in
a manner consistent with section 7701(a)(46).
``(2) Domestic content qualifications.--The term `domestic
content qualifications' means, with respect to any model of a
new qualified plug-in electric vehicle, that vehicles of that
model are powered by battery cells which are manufactured in
the United States as certified by the manufacturer at such
time and in such form and manner as the Secretary may
prescribe.
``(3) Final assembly.--The term `final assembly' means the
process by which a manufacturer produces a new qualified
plug-in electric drive motor vehicle at, or through the use
of, a plant, factory, or other place from which the vehicle
is delivered to a dealer or importer with all component parts
necessary for the mechanical operation of the vehicle
included with the vehicle, whether or not the component parts
are permanently installed in or on the vehicle.
``(l) Termination.--No credit shall be allowed under this
section with respect to any vehicle acquired after December
31, 2031.''.
(b) Transfer of Credit.--
(1) In general.--Section 36C, as added by subsection (a),
is amended by redesignating subsection (k) as subsection (l)
and by inserting after subsection (j) following new
subsection:
``(k) Transfer of Credit.--
``(1) In general.--Subject to such regulations or other
guidance as the Secretary determines necessary or
appropriate, if the taxpayer who acquires a new plug-in
electric drive motor vehicle elects the application of this
subsection with respect to such vehicle, the credit which
would (but for this subsection) be allowed to such taxpayer
with respect to such vehicle shall be allowed to the eligible
entity specified in such election (and not to such taxpayer).
``(2) Eligible entity.--For purposes of this paragraph, the
term `eligible entity' means, with respect to the vehicle for
which the credit is allowed under subsection (a), the dealer
which sold such vehicle to the taxpayer and has--
``(A) subject to paragraph (4), registered with the
Secretary for purposes of this paragraph, at such time, and
in such form and manner, as the Secretary may prescribe,
``(B) prior to the election described in paragraph (1) and
not later than at the time of such sale, disclosed to the
taxpayer purchasing such vehicle--
``(i) the manufacturer's suggested retail price,
``(ii) the value of the credit allowed or other incentive
available for the purchase of such vehicle,
``(iii) all fees associated with the purchase of such
vehicle, and
``(iv) the amount provided by the dealer to such taxpayer
as a condition of the election described in paragraph (1),
``(C) made payment to such taxpayer (whether in cash or in
the form of a partial payment or down payment for the
purchase of such vehicle) in an amount equal to the credit
otherwise allowable to such taxpayer, and
``(D) with respect to any incentive otherwise available for
the purchase of a vehicle for which a credit is allowed under
this section, including any incentive in the form of a rebate
or discount provided by the dealer or manufacturer, ensured
that--
``(i) the availability or use of such incentive shall not
limit the ability of a taxpayer to make an election described
in paragraph (1), and
``(ii) such election shall not limit the value or use of
such incentive.
``(3) Timing.--An election described in paragraph (1) shall
be made by the taxpayer not later than the date on which the
vehicle for which the credit is allowed under subsection (a)
is purchased.
``(4) Revocation of registration.--Upon determination by
the Secretary that a dealer has failed to comply with the
requirements described in paragraph (2), the Secretary may
revoke the registration (as described in subparagraph (A) of
such paragraph) of such dealer.
``(5) Tax treatment of payments.--With respect to any
payment described in paragraph (2)(C), such payment--
``(A) shall not be includible in the gross income of the
taxpayer, and
``(B) with respect to the dealer, shall not be deductible
under this title.
``(6) Application of certain other requirements.--In the
case of any election under paragraph (1) with respect to any
vehicle--
``(A) the amount of the reduction under subsection (c)
shall be determined with respect to the modified adjusted
gross income of the taxpayer for the taxable year preceding
the taxable year in which such vehicle was acquired (and not
with respect to such income for the taxable year in which
such vehicle was acquired),
``(B) the requirements of paragraphs (1) and (2) of
subsection (f) shall apply to the taxpayer who acquired the
vehicle in the same manner as if the credit determined under
this section with respect to such vehicle were allowed to
such taxpayer,
``(C) subsection (f)(5) shall not apply, and
``(D) the requirement of subsection (h) shall be treated as
satisfied if the eligible entity provides the vehicle
identification number of such vehicle to the Secretary in
such manner as the Secretary may provide.
``(7) Advance payment to registered dealers.--
``(A) In general.--The Secretary shall establish a program
to make advance payments to any eligible entity in an amount
equal to the cumulative amount of the credits allowed under
subsection (a) with respect to any vehicles sold by such
entity for which an election described in paragraph (1) has
been made.
``(B) Excessive payments.--Rules similar to the rules of
section 6417(c)(7) shall apply for purposes of this
paragraph.
``(8) Dealer.--For purposes of this subsection, the term
`dealer' means a person licensed by a State, the District of
Columbia, the
[[Page H6518]]
Commonwealth of Puerto Rico, any other territory or
possession of the United States, an Indian tribal government
(as defined in section 48(e)(4)(F)(ii)), or any Alaska Native
Corporation (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(m)) to engage in the
sale of vehicles.''.
(2) Conforming amendment.--Section 36C(g)(3)(iii), as added
by subsection (a), is amended by striking ``, and (k)'' and
inserting ``(k), and (l)''.
(c) Repeal of Nonrefundable New Qualified Plug-in Electric
Drive Motor Vehicle Credit.--Subpart B of part IV of
subchapter A of chapter 1 is amended by striking section 30D
(and by striking the item relating to such section in the
table of sections of such subpart).
(d) Conforming Amendments.--
(1) Section 1016(a)(37) is amended by striking ``section
30D(f)(1)'' and inserting ``section 36C(f)(1)''.
(2) Section 6211(b)(4)(A) is amended by inserting ``36C,''
after ``36B,''.
(3) Section 6213(g)(2), as amended by the preceding
provisions of this Act, is amended--
(A) in subparagraph (R), by striking ``and'' at the end,
(B) in subparagraph (S), by striking the period at the end
and inserting ``, and'', and
(C) by adding at the end the following:
``(T) an omission of a correct vehicle identification
number required under section 36C(f) (relating to credit for
new qualified plug-in electric drive motor vehicles) to be
included on a return.''.
(4) Section 6501(m) is amended by striking ``30D(e)(4)''
and inserting ``36C(f)(5)''.
(5) Section 166(b)(5)(A)(ii) of title 23, United States
Code, is amended by striking ``section 30D(d)(1)'' and
inserting ``section 36C(e)(1)''.
(6) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36C,'' after ``36B,''.
(7) The table of sections for subpart C of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 36B the following new item:
``Sec. 36C. New qualified plug-in electric drive motor vehicles.''.
(e) Effective Dates.--
(1) The amendments made by subsections (a), (c), and (d) of
this section shall apply to vehicles acquired after December
31, 2021.
(2) The amendments made by subsection (b) shall apply to
vehicles acquired after December 31, 2022.
SEC. 136402. CREDIT FOR PREVIOUSLY-OWNED QUALIFIED PLUG-IN
ELECTRIC DRIVE MOTOR VEHICLES.
(a) In General.--Subpart C of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this
Act, is amended by inserting after section 36C the following
new section:
``SEC. 36D. PREVIOUSLY-OWNED QUALIFIED PLUG-IN ELECTRIC DRIVE
MOTOR VEHICLES.
``(a) Allowance of Credit.--In the case of a qualified
buyer who during a taxable year places in service a
previously-owned qualified plug-in electric drive motor
vehicle, there shall be allowed as a credit against the tax
imposed by this subtitle for the taxable year an amount equal
to the sum of--
``(1) $2,000, plus
``(2) the supplemental credit amount.
``(b) Supplemental Credit Amount.--For purposes of
subsection (a), the term `supplemental credit amount' means--
``(1) $2,000, if--
``(A) in the case of a vehicle placed in service before
January 1, 2027, such vehicle draws propulsion energy from a
battery with not less than 40 kilowatt hours of capacity and
has a gasoline tank capacity not greater than 2.5 gallons,
and
``(B) in the case of a vehicle placed in service after
December 31, 2026, such vehicle draws propulsion energy from
a battery with not less than 50 kilowatt hours of capacity
and has a gasoline tank capacity not greater than 2.5
gallons, and
``(2) $0 in any other case.
``(c) Limitations.--
``(1) Sale price.--The credit allowed under subsection (a)
with respect to sale of a vehicle shall not exceed 50 percent
of the sale price.
``(2) Limitation based on modified adjusted gross income.--
The amount which would (but for this paragraph) be allowed as
a credit under subsection (a) shall be reduced (but not below
zero) by $200 for each $1,000 (or fraction thereof) by which
the lesser of--
``(A) the taxpayer's modified adjusted gross income for
such taxable year, or
``(B) the taxpayer's modified adjusted gross income for the
preceding taxable year, exceeds--
``(i) $150,000 in the case of a joint return or a surviving
spouse (as defined in section 2(a)),
``(ii) $112,500 in the case of a head of household (as
defined in section 2(b)), and
``(iii) $75,000 in the case of a taxpayer not described in
paragraph (1) or (2).
``(d) Definitions.--For purposes of this section--
``(1) Previously-owned qualified plug-in electric drive
motor vehicle.--The term `previously-owned qualified plug-in
electric drive motor vehicle' means, with respect to a
taxpayer, a motor vehicle--
``(A) the model year of which is at least 2 years earlier
than the calendar year in which the taxpayer acquires such
vehicle,
``(B) the original use of which commences with a person
other than the taxpayer,
``(C) which is acquired by the taxpayer in a qualified
sale, and
``(D) which meets the requirements of subparagraphs (C),
(D), (E), (F), (G), (H), and (I) of section 36C(e)(1)
(determined by applying `previously-owned qualified plug-in
electric drive motor vehicle' for `new qualified plug-in
electric drive motor vehicle'), or which is a new qualified
fuel cell motor vehicle (as defined in subparagraphs (A) and
(B) of section 30B(b)(3)) which has a gross vehicle weight
rating of less than 14,000 pounds.
``(2) Qualified sale.--The term `qualified sale' means a
sale of a motor vehicle--
``(A) by a seller who holds such vehicle in inventory
(within the meaning of section 471) for sale or lease,
``(B) for a sale price not to exceed $25,000, and
``(C) which is the first transfer since the date of the
enactment of this section to a person other than the person
with whom the original use of such vehicle commenced.
``(3) Qualified buyer.--The term `qualified buyer' means,
with respect to a sale of a motor vehicle, a taxpayer--
``(A) who is an individual,
``(B) who purchases such vehicle for use and not for
resale,
``(C) with respect to whom no deduction is allowable with
respect to another taxpayer under section 151,
``(D) who has not been allowed a credit under this section
for any sale during the 3-year period ending on the date of
the sale of such vehicle, and
``(E) who possesses a certificate issued by the seller that
certifies--
``(i) that the vehicle is a previously-owned qualified
plug-in electric drive motor vehicle,
``(ii) the vehicle identification number of such vehicle,
``(iii) the capacity of the battery at time of sale, and
``(iv) such other information as the Secretary may require.
``(4) Motor vehicle; capacity.--The terms `motor vehicle'
and `capacity' have the meaning given such terms in
paragraphs (2) and (4) of section 36C(e), respectively.
``(e) VIN Number Requirement.--No credit shall be allowed
under subsection (a) with respect to any vehicle unless the
taxpayer includes the vehicle identification number of such
vehicle on the return of tax for the taxable year.
``(f) Application of Certain Rules.--For purposes of this
section, rules similar to the rules of paragraphs (1), (2),
(4), (5), and (6) of section 36C(f) shall apply for purposes
of this section.
``(g) Certificate Submission Requirement.--The Secretary
may require that the issuer of the certificate described in
subsection (c)(3)(E) submit such certificate to the Secretary
at the time and in the manner required by the Secretary.
``(h) Treatment of Certain Possessions.--
``(1) Payments to possessions with mirror code tax
systems.--The Secretary shall pay to each possession of the
United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of
the application of the provisions of this section. Such
amounts shall be determined by the Secretary based on
information provided by the government of the respective
possession.
``(2) Payments to other possessions.--The Secretary shall
pay to each possession of the United States which does not
have a mirror code tax system amounts estimated by the
Secretary as being equal to the aggregate benefits (if any)
that would have been provided to residents of such possession
by reason of the provisions of this section if a mirror code
tax system had been in effect in such possession. The
preceding sentence shall not apply unless the respective
possession has a plan which has been approved by the
Secretary under which such possession will promptly
distribute such payments to its residents.
``(3) Mirror code tax system; treatment of payments.--Rules
similar to the rules of paragraphs (3), (4), and (5) of
section 21(h) shall apply for purposes of this section.
``(i) Transfer of Credit.--Rules similar to the rules of
section 36C(k) shall apply.
``(j) Termination.--No credit shall be allowed under this
section with respect to any vehicle acquired after December
31, 2031.''.
(b) Conforming Amendments.--
(1) Section 6211(b)(4)(A), as amended by the preceding
provisions of this Act, is amended by inserting ``36D,''
after ``36C,''.
(2) Section 6213(g)(2), as amended by the preceding
provisions of this Act, is amended--
(A) in subparagraph (S), by striking ``and'' at the end,
(B) in subparagraph (T), by striking the period at the end
and inserting ``, and'', and
(C) by adding at the end the following:
``(U) an omission of a correct vehicle identification
number required under section 36D(d) (relating to credit for
previously-owned qualified plug-in electric drive motor
vehicles) to be included on a return.''.
(3) Paragraph (2) of section 1324(b) of title 31, United
States Code, as amended by the preceding provisions of this
Act, is amended by inserting ``36D,'' after ``36C,''.
(c) Clerical Amendment.--The table of sections for subpart
C of part IV of subchapter A of chapter 1, as amended by the
preceding provisions of this Act, is amended by inserting
after the item relating to section 36C the following new
item:
``Sec. 36D. Previously-owned qualified plug-in electric drive motor
vehicles.''.
(d) Effective Date.--The amendments made by this section
shall apply to vehicles acquired after December 31, 2021.
SEC. 136403. QUALIFIED COMMERCIAL ELECTRIC VEHICLES.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:
``SEC. 45Y. CREDIT FOR QUALIFIED COMMERCIAL ELECTRIC
VEHICLES.
``(a) In General.--For purposes of section 38, the
qualified commercial electric vehicle credit for any taxable
year is an amount equal to the
[[Page H6519]]
sum of the credit amounts determined under subsection (b)
with respect to each qualified commercial electric vehicle
placed in service by the taxpayer during the taxable year.
``(b) Per Vehicle Amount.--
``(1) In general.--The amount determined under this
subsection with respect to any qualified commercial electric
vehicle shall be equal to the lesser of--
``(A) 15 percent of the basis of such vehicle (30 percent
in the case of a vehicle not powered by a gasoline or diesel
internal combustion engine), or
``(B) the incremental cost of such vehicle.
``(2) Incremental cost.--For purposes of paragraph (1)(B),
the incremental cost of any qualified commercial electric
vehicle is an amount equal to the excess of the purchase
price for such vehicle over such price of a comparable
vehicle.
``(3) Comparable vehicle.--For purposes of this paragraph,
the term `comparable vehicle' means, with respect to any
qualified commercial electric vehicle, any vehicle which is
powered solely by a gasoline or diesel internal combustion
engine and which is comparable in size and use to such
vehicle.
``(4) Vehicles for lease to individuals.--
``(A) In general.--In the case of a commercial electric
vehicle which is acquired by the taxpayer for the purpose of
leasing such vehicle to any individual, the amount determined
under this subsection with respect to such vehicle shall, at
the election of such taxpayer, be equal to the amount of the
credit that would otherwise be allowed under section 36C(a)
with respect to such vehicle, as determined as if such
vehicle--
``(i) is a new qualified plug-in electric drive motor
vehicle, and
``(ii) has been acquired and placed in service by an
individual.
``(B) Election requirements.--
``(i) In general.--An election under subparagraph (A) shall
be made at such time and in such manner as the Secretary
prescribes by regulations or other guidance.
``(ii) Disclosure requirement.--For purposes of any
regulations or other guidance prescribed under clause (i),
the Secretary shall require that, as a condition of an
election under subparagraph (A), the taxpayer making such
election shall be required to disclose to the lessee of the
commercial electric vehicle the value of the credit allowed
under this section.
``(c) Qualified Commercial Electric Vehicle.--For purposes
of this section, the term `qualified commercial electric
vehicle' means any vehicle which--
``(1) meets the requirements of subparagraphs (A) and (C)
of section 36C(e)(1) without regard to any gross vehicle
weight rating or the requirements of section 36C(d), and is
acquired for use or lease by the taxpayer and not for resale,
``(2) either--
``(A) meets the requirements of subparagraph (D) of section
36C(e)(1) and is manufactured primarily for use on public
streets, roads, and highways (not including a vehicle
operated exclusively on a rail or rails), or
``(B) is mobile machinery, as defined in section 4053(8)
(including vehicles that are not designed to perform a
function of transporting a load over the public highways),
``(3) either--
``(A) is propelled to a significant extent by an electric
motor which draws electricity from a battery which has a
capacity of not less than 15 kilowatt hours and is capable of
being recharged from an external source of electricity, or
``(B) is a new qualified fuel cell motor vehicle described
in subparagraphs (A) and (B) of section 30B(b)(3), and
``(4) is of a character subject to the allowance for
depreciation.
``(d) Special Rules.--
``(1) In general.--Subject to paragraph (2), rules similar
to the rules under subsection (f) of section 36C shall apply
for purposes of this section.
``(2) Recapture.--The Secretary shall, by regulations or
other guidance, provide for recapturing the benefit of any
credit allowed under subsection (a) with respect to any
property which ceases to be property eligible for such
credit, including regulations or other guidance which, in the
case of any commercial electric vehicle for which an election
was made under subsection (b)(4)--
``(A) recaptures the credit allowed under subsection (a)
if--
``(i) such vehicle was not leased to an individual, or
``(ii) the taxpayer failed to comply with the requirements
described in subsection (b)(4)(B)(ii), and
``(B) in the case of a commercial electric vehicle which is
leased by an individual whose modified adjusted gross income
exceeds the threshold amount under section 36C(c)(2),
recaptures so much of the credit allowed under subsection (a)
as exceeds the amount of the credit which would have
otherwise been allowable under such subsection if, for
purposes of subsection (b)(4)(A), the amount of the credit
that would otherwise be allowed under section 36C(a) with
respect to such vehicle had been determined as if such
vehicle was acquired and placed in service by such individual
and subject to reduction under section 36C(c).
``(3) Vehicles placed in service by tax-exempt entities.--
Subsection (c)(4) shall not apply to any vehicle which is not
subject to a lease and which is placed in service by a tax-
exempt entity described in clause (i), (ii), or (iv) of
section 168(h)(2)(A).
``(e) VIN Number Requirement.--No credit shall be
determined under subsection (a) with respect to any vehicle
unless the taxpayer includes the vehicle identification
number of such vehicle on the return of tax for the taxable
year.
``(f) Termination.--No credit shall be determined under
this section with respect to any vehicle acquired after
December 31, 2031.''.
(b) Elective Payment of Credit in Case of Certain Tax-
exempt Entities.--Section 6417(b), as amended by the
preceding provisions of this Act, is amended by adding at the
end the following new paragraph:
``(9) In the case of a tax-exempt entity described in
clause (i), (ii), or (iv) of section 168(h)(2)(A), the credit
for qualified commercial vehicles determined under section
45Y by reason of subsection (d)(2) thereof.''.
(c) Conforming Amendments.--
(1) Section 38(b) is amended by striking paragraph (30) and
inserting the following:
``(30) the qualified commercial electric vehicle credit
determined under section 45Y,''.
(2) Section 6213(g)(2), as amended by the preceding
provisions of this Act, is amended--
(A) in subparagraph (T), by striking ``and'' at the end,
(B) in subparagraph (U), by striking the period at the end
and inserting ``, and'', and
(C) by adding at the end the following:
``(V) an omission of a correct vehicle identification
number required under section 45Y(e) (relating to commercial
electric vehicle credit) to be included on a return.''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 45Y. Qualified commercial electric vehicle credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to vehicles acquired after December 31, 2021.
SEC. 136404. QUALIFIED FUEL CELL MOTOR VEHICLES.
(a) In General.--Section 30B(k)(1) is amended by striking
``December 31, 2021'' and inserting ``December 31, 2031''.
(b) New Qualified Fuel Cell Motor Vehicle.--Section 30B(b)
is amended by striking ``and'' at the end of subparagraph
(D), by striking the period at the end of subparagraph (E)
and inserting ``, and'', and by adding at the end the
following new subparagraph:
``(F) which is not property of a character subject to an
allowance for depreciation.''.
(c) Conforming Amendment.--Section 30B(g) is amended to
read as follows:
``(g) Personal Credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such
taxable year.''.
(d) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2021.
SEC. 136405. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C(g) is amended by striking
``December 31, 2021'' and inserting ``December 31, 2031''.
(b) Additional Credit for Certain Electric Charging
Property.--
(1) In general.--Section 30C(a) is amended--
(A) by striking ``equal to 30 percent'' and inserting the
following: ``equal to the sum of--
``(1) 30 percent (6 percent in the case of property of a
character subject to depreciation)'',
(B) by striking the period at the end and inserting ``,
plus'', and
(C) by adding at the end the following new paragraph:
``(2) 4 percent of so much of such cost as exceeds the
limitation under subsection (b)(1) that does not exceed the
amount of cost attributable to qualified alternative fuel
vehicle refueling property (determined without regard to
subsection (c)(1) and as if only electricity, and fuel at
least 85 percent of the volume of which consists of hydrogen,
were treated as clean-burning fuels for purposes of section
179A(d)) which--
``(A) is intended for general public use with no associated
fee or payment arrangement,
``(B) is intended for general public use and accepts
payment via a credit card reader, including a credit card
reader that uses contactless technology, or
``(C) is intended for use exclusively by commercial or
governmental vehicles.''.
(2) Conforming amendment.--Section 30C(b) is amended--
(A) by striking ``The credit allowed under subsection (a)''
and inserting ``The amount of cost taken into account under
subsection (a)(1)'',
(B) by striking ``$30,000'' and inserting ``$100,000'', and
(C) by striking ``$1,000'' and inserting ``$3,333.33''.
(3) Bidirectional charging equipment included as qualified
alternative fuel vehicle refueling property.--Section 30C(c)
is amended to read as follows:
``(c) Qualified Alternative Fuel Vehicle Refueling
Property.--For purposes of this section--
``(1) In general.--The term `qualified alternative fuel
vehicle refueling property' has the same meaning as the term
`qualified clean-fuel vehicle refueling property' would have
under section 179A if--
``(A) paragraph (1) of section 179A(d) did not apply to
property installed on property which is used as the principal
residence (within the meaning of section 121) of the
taxpayer, and
``(B) only the following were treated as clean-burning
fuels for purposes of section 179A(d):
``(i) Any fuel at least 85 percent of the volume of which
consists of one or more of the following: ethanol, natural
gas, compressed natural gas, liquified natural gas, liquefied
petroleum gas, or hydrogen.
``(ii) Any mixture--
``(I) which consists of two or more of the following:
biodiesel (as defined in section 40A(d)(1)), diesel fuel (as
defined in section 4083(a)(3)), or kerosene, and
[[Page H6520]]
``(II) at least 20 percent of the volume of which consists
of biodiesel (as so defined) determined without regard to any
kerosene in such mixture.
``(iii) Electricity.
``(2) Bidirectional charging equipment.--Property shall not
fail to be treated as qualified alternative fuel vehicle
refueling property solely because such property--
``(A) is capable of charging the battery of a motor vehicle
propelled by electricity, and
``(B) allows discharging electricity from such battery to
an electric load external to such motor vehicle.''.
(c) Certain Electric Charging Stations Included as
Qualified Alternative Fuel Vehicle Refueling Property.--
Section 30C is amended by redesignating subsections (f) and
(g) as subsections (g) and (h), respectively, and by
inserting after subsection (e) the following:
``(f) Special Rule for Electric Charging Stations for
Certain Vehicles With 2 or 3 Wheels.--For purposes of this
section--
``(1) In general.--The term `qualified alternative fuel
vehicle refueling property' includes any property described
in subsection (c) for the recharging of a motor vehicle
described in paragraph (2) that is propelled by electricity,
but only if the property--
``(A) meets the requirements of subsection (a)(2), and
``(B) is of a character subject to depreciation.
``(2) Motor vehicle.--A motor vehicle is described in this
paragraph if the motor vehicle--
``(A) is manufactured primarily for use on public streets,
roads, or highways (not including a vehicle operated
exclusively on a rail or rails), and
``(B) has at least 2, but not more than 3, wheels.''.
(d) Wage and Apprenticeship Requirements.--Section 30C, as
amended by this section, is further amended by redesignating
subsections (g) and (h) as subsections (h) and (i) and by
inserting after subsection (f) the following new subsection:
``(g) Wage and Apprenticeship Requirements.--
``(1) Increased credit amount.--
``(A) In general.--In the case of any qualified alternative
fuel vehicle refueling project which satisfies the
requirements of subparagraph (C), the amount of the credit
determined under subsection (a) for property of a character
subject to an allowance for depreciation shall be equal to
such amount multiplied by 5 (determined without regard to
this sentence).
``(B) Qualified alternative fuel vehicle refueling
project.--For purposes of this subsection, the term
`qualified alternative fuel vehicle refueling project' means
a project consisting of multiple properties that are part of
a single project. The requirements of this paragraph shall be
applied to such project.
``(C) Project requirements.--A project meets the
requirements of this subparagraph if it is one of the
following:
``(i) A project the construction of which begins prior to
the date that is 60 days after the Secretary publishes
guidance with respect to the requirements of paragraphs (2)
and (3).
``(ii) A project which satisfies the requirements of
paragraphs (2) and (3).
``(2) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any qualified alternative fuel
vehicle refueling project are that the taxpayer shall ensure
that any laborers and mechanics employed by contractors and
subcontractors in the construction of such property shall be
paid wages at rates not less than the prevailing rates for
construction, alteration, or repair of a similar character in
the locality as most recently determined by the Secretary of
Labor, in accordance with subchapter IV of chapter 31 of
title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of clauses (i)
through (iv) of section 45(b)(7)(B) shall apply.
``(3) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(4) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary or appropriate to carry out the purposes
of this subsection, including regulations or other guidance
which provides for requirements for recordkeeping or
information reporting for purposes of establishing the
requirements of this subsection.''.
(e) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2021.
SEC. 136406. REINSTATEMENT AND EXPANSION OF EMPLOYER-PROVIDED
FRINGE BENEFITS FOR BICYCLE COMMUTING.
(a) Repeal of Suspension of Exclusion for Qualified Bicycle
Commuting Benefits.--Section 132(f) is amended by striking
paragraph (8).
(b) Expansion of Bicycle Commuting Benefits.--Section
132(f)(5)(F) is amended to read as follows:
``(F) Definitions related to bicycle commuting benefits.--
``(i) Qualified bicycle commuting benefit.--The term
`qualified bicycle commuting benefit' means, with respect to
any calendar year--
``(I) any employer reimbursement during the 15-month period
beginning with the first day of such calendar year for
reasonable expenses incurred by the employee during such
calendar year for the purchase (including associated finance
charges), lease, rental (including a bikeshare), improvement,
repair, or storage of qualified commuting property, or
``(II) the direct or indirect provision by the employer to
the employee during such calendar year of the use (including
a bikeshare), improvement, repair, or storage of qualified
commuting property,
if the employee regularly uses such qualified commuting
property for travel between the employee's residence, place
of employment, a qualified parking facility, or a mass
transit facility that connects the employee to their
residence or place of employment.
``(ii) Qualified commuting property.--The term `qualified
commuting property' means--
``(I) any bicycle (other than a bicycle equipped with any
motor),
``(II) any electric bicycle which meets the requirements of
section 36E(c)(5),
``(III) any 2- or 3-wheel scooter (other than a scooter
equipped with any motor), and
``(IV) any 2- or 3-wheel scooter propelled by an electric
motor if such motor does not provide assistance if the speed
of such scooter exceeds 20 miler per hour (or if the speed of
such scooter is not capable of exceeding 20 miles per hour)
and the weight of such scooter does not exceed 100 pounds.
``(iii) Bikeshare.--The term `bikeshare' means a rental
operation at which qualified commuting property is made
available to customers to pick up and drop off for point-to-
point use within a defined geographic area.''.
(c) Limitation on Exclusion.--Section 132(f)(2)(C) is
amended to read as follows:
``(C) 30 percent of the dollar amount in effect under
subparagraph (B) per month in the case of any qualified
bicycle commuting benefit.''.
(d) No Constructive Receipt.--Section 132(f)(4) is amended
by striking ``(other than a qualified bicycle commuting
reimbursement)''.
(e) Conforming Amendments.--
(1) Section 132(f)(1)(D) is amended by striking
``reimbursement'' and inserting ``benefit''.
(2) Section 274(l) is amended by striking paragraph (2).
(f) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 136407. CREDIT FOR CERTAIN NEW ELECTRIC BICYCLES.
(a) In General.--Subpart C of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this
Act, is amended by inserting after section 36D the following
new section:
``SEC. 36E. ELECTRIC BICYCLES.
``(a) Allowance of Credit.--There shall be allowed as a
credit against the tax imposed by this chapter for the
taxable year an amount equal to 30 percent of the cost of
each qualified electric bicycle placed in service by the
taxpayer during such taxable year.
``(b) Limitations.--
``(1) Limitation on cost per electric bicycle taken into
account.--The amount taken into account under subsection (a)
as the cost of any qualified electric bicycle shall not
exceed $3,000.
``(2) Bicycle limitation with respect to credit.--
``(A) Limitation on number of personal-use bicycles.--In
the case of any taxpayer for any taxable year, the number of
personal-use bicycles taken into account under subsection (a)
shall not exceed the excess (if any) of--
``(i) 1 (2 in the case of a joint return), reduced by
``(ii) the aggregate number of bicycles taken into account
by the taxpayer under subsection (a) for the 2 preceding
taxable years.
``(B) Phaseout based on modified adjusted gross income.--
The credit allowed under subsection (a) shall be reduced by
$200 for each $1,000 (or fraction thereof) by which the
taxpayer's modified adjusted gross income exceeds--
``(i) $150,000 in the case of a joint return or a surviving
spouse (as defined in section 2(a)),
``(ii) $112,500 in the case of a head of household (as
defined in section 2(b)), and
``(iii) $75,000 in the case of a taxpayer not described in
clause (i) or (ii).
``(C) Modified adjusted gross income.--For purposes of
subparagraph (B), the term `modified adjusted gross income'
means adjusted gross income increased by any amount excluded
from gross income under section 911, 931, or 933.
``(D) Special rule for modified adjusted gross income taken
into account.--The modified adjusted gross income of the
taxpayer that is taken into account for purposes of this
paragraph shall be the lesser of--
``(i) the modified adjusted gross income for the taxable
year in which the credit is claimed, or
``(ii) the modified adjusted gross income for the
immediately preceding taxable year.
``(c) Qualified Electric Bicycle.--For purposes of this
section, the term `qualified electric bicycle' means a
bicycle--
``(1) the original use of which commences with the
taxpayer,
``(2) which is acquired for use by the taxpayer and not for
resale,
``(3) which is made by a qualified manufacturer and is
labeled with the qualified vehicle identification number
assigned to such bicycle by such manufacturer,
``(4) with respect to which the aggregate amount paid for
such acquisition does not exceed $4,000, and
``(5) which is equipped with--
``(A) fully operable pedals,
``(B) a saddle or seat for the rider, and
``(C) an electric motor of less than 750 watts which is
designed to provided assistance in propelling the bicycle
and--
``(i) does not provide such assistance if the bicycle is
moving in excess of 20 miler per hour, or
``(ii) if such motor only provides such assistance when the
rider is pedaling, does not provide such assistance if the
bicycle is moving in excess of 28 miles per hour.
``(d) VIN Number Requirement.--
``(1) In general.--No credit shall be allowed under
subsection (a) with respect to any qualified electric bicycle
unless the taxpayer includes
[[Page H6521]]
the qualified vehicle identification number of such bicycle
on the return of tax for the taxable year.
``(2) Qualified vehicle identification number.--For
purposes of this section, the term `qualified vehicle
identification number' means, with respect to any bicycle,
the vehicle identification number assigned to such bicycle by
a qualified manufacturer pursuant to the methodology referred
to in paragraph (3).
``(3) Qualified manufacturer.--For purposes of this
section, the term `qualified manufacturer' means any
manufacturer of qualified electric bicycles which enters into
an agreement with the Secretary which provides that such
manufacturer will--
``(A) assign a vehicle identification number to each
qualified electric bicycle produced by such manufacturer
utilizing a methodology that will ensure that such number
(including any alphanumeric) is unique to such bicycle (by
utilizing numbers or letters which are unique to such
manufacturer or by such other method as the Secretary may
provide),
``(B) label such bicycle with such number in such manner as
the Secretary may provide, and
``(C) make periodic written reports to the Secretary (at
such times and in such manner as the Secretary may provide)
of the vehicle identification numbers so assigned and
including such information as the Secretary may require with
respect to the qualified electric bicycle to which such
number was so assigned.
``(e) Special Rules.--
``(1) Basis reduction.--For purposes of this subtitle, the
basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit
so allowed.
``(2) No double benefit.--The amount of any deduction or
other credit allowable under this chapter for a qualified
electric bicycle for which a credit is allowable under
subsection (a) shall be reduced by the amount of credit
allowed under such subsection for such bicycle.
``(3) Property used outside united states not qualified.--
No credit shall be allowable under subsection (a) with
respect to any property referred to in section 50(b)(1).
``(4) Recapture.--The Secretary shall, by regulations or
other guidance, provide for recapturing the benefit of any
credit allowable under subsection (a) with respect to any
property which ceases to be property eligible for such
credit.
``(5) Election not to take credit.--No credit shall be
allowed under subsection (a) for any bicycle if the taxpayer
elects to not have this section apply to such bicycle.
``(f) Treatment of Certain Possessions.--
``(1) Payments to possessions with mirror code tax
systems.--The Secretary shall pay to each possession of the
United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of
the application of the provisions of this section (determined
without regard to this subsection). Such amounts shall be
determined by the Secretary based on information provided by
the government of the respective possession.
``(2) Payments to other possessions.--The Secretary shall
pay to each possession of the United States which does not
have a mirror code tax system amounts estimated by the
Secretary as being equal to the aggregate benefits (if any)
that would have been provided to residents of such possession
by reason of the provisions of this section if a mirror code
tax system had been in effect in such possession. The
preceding sentence shall not apply unless the respective
possession has a plan which has been approved by the
Secretary under which such possession will promptly
distribute such payments to its residents.
``(3) Mirror code tax system; treatment of payments.--Rules
similar to the rules of paragraphs (3), (4), and (5) of
section 21(h) shall apply for purposes of this section.
``(g) Transfer of Credit.--
``(1) In general.--Subject to such regulations or other
guidance as the Secretary determines necessary or
appropriate, if the taxpayer who acquires a qualified
electric bicycle after December 31, 2022 elects the
application of this subsection with respect to such qualified
electric bicycle, the credit which would (but for this
subsection) be allowed to such taxpayer with respect to such
qualified electric bicycle shall be allowed to the eligible
entity specified in such election (and not to such taxpayer).
``(2) Eligible entity.--For purposes of this paragraph, the
term `eligible entity' means, with respect to the qualified
electric bicycle for which the credit is allowed under
subsection (a), the retailer which sold such qualified
electric bicycle to the taxpayer and has--
``(A) subject to paragraph (4), registered with the
Secretary for purposes of this paragraph, at such time, and
in such form and manner, as the Secretary may prescribe,
``(B) prior to the election described in paragraph (1) and
no later than at the time of such sale, disclosed to the
taxpayer purchasing such qualified electric bicycle--
``(i) the retail price,
``(ii) the value of the credit allowed or other incentive
available for the purchase of such qualified electric
bicycle,
``(iii) all fees associated with the purchase of such
qualified electric bicycle, and
``(iv) the amount provided by the retailer to such taxpayer
as a condition of the election described in paragraph (1),
``(C) made payment to such taxpayer (whether in cash or in
the form of a partial payment or down payment for the
purchase of such qualified electric bicycle) in an amount
equal to the credit otherwise allowable to such taxpayer, and
``(D) with respect to any incentive otherwise available for
the purchase of a qualified electric bicycle for which a
credit is allowed under this section, including any incentive
in the form of a rebate or discount provided by the retailer
or manufacturer, ensured that--
``(i) the availability or use of such incentive shall not
limit the ability of a taxpayer to make an election described
in paragraph (1), and
``(ii) such election shall not limit the value or use of
such incentive.
``(3) Timing.--An election described in paragraph (1) shall
be made by the taxpayer not later than the date on which the
qualified electric bicycle for which the credit is allowed
under subsection (a) is purchased.
``(4) Revocation of registration.--Upon determination by
the Secretary that a retailer has failed to comply with the
requirements described in paragraph (2), the Secretary may
revoke the registration (as described in subparagraph (A) of
such paragraph) of such retailer.
``(5) Tax treatment of payments.--With respect to any
payment described in paragraph (2)(C), such payment--
``(A) shall not be includible in the gross income of the
taxpayer, and
``(B) with respect to the retailer, shall not be deductible
under this title.
``(6) Application of certain other requirements.--In the
case of any election under paragraph (1) with respect to any
qualified electric bicycle--
``(A) the amount of the reduction under subsection (b)
shall be determined with respect to the modified adjusted
gross income of the taxpayer for the taxable year preceding
the taxable year in which such qualified electric bicycle was
acquired (and not with respect to such income for the taxable
year in which such qualified electric bicycle was acquired),
``(B) the requirements of paragraphs (1) and (2) of
subsection (e) shall apply to the taxpayer who acquired the
qualified electric bicycle in the same manner as if the
credit determined under this section with respect to such
qualified electric bicycle were allowed to such taxpayer, and
``(C) subsection (e)(5) shall not apply.
``(7) Advance payment to registered retailers.--
``(A) In general.--The Secretary shall establish a program
to make advance payments to any eligible entity in an amount
equal to the cumulative amount of the credits allowed under
subsection (a) with respect to any qualified electric
bicycles sold by such entity for which an election described
in paragraph (1) has been made.
``(B) Excessive payments.--Rules similar to the rules of
section 6417(c)(7) shall apply for purposes of this
paragraph.
``(8) Retailer.--For purposes of this subsection, the term
`retailer' means a person engaged in the trade or business of
selling qualified electric bicycles in a State, the District
of Columbia, the Commonwealth of Puerto Rico, any other
territory or possession of the United States, an Indian
tribal government (as defined in section 48(e)(4)(F)(ii)), or
any Alaska Native Corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)).
``(h) Termination.--This section shall not apply to
bicycles placed in service after December 31, 2025.''.
(b) Conforming Amendments.--
(1) Section 1016(a) is amended by striking ``and'' at the
end of paragraph (38), by striking the period at the end of
paragraph (39) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(40) to the extent provided in section 36E(f)(1).''.
(2) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36E by reason of subsection (c)(2) thereof,''
before ``32,''.
(3) Section 6213(g)(2), as amended by the preceding
provisions of this Act, is amended--
(A) in subparagraph (U), by striking ``and'' at the end,
(B) in subparagraph (V), by striking the period at the end
and inserting ``, and'', and
(C) by adding at the end the following:
``(W) an omission of a correct vehicle identification
number required under section 36E(d) (relating to electric
bicycles credit) to be included on a return.''.
(4) Section 6501(m) is amended by inserting ``36E(f)(4),''
after ``35(g)(11),''.
(5) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36E,'' after ``36D,''.
(c) Clerical Amendment.--The table of sections for subpart
B of part IV of subchapter A of chapter 1 is amended by
adding at the end the following new item:
``Sec. 36E. Electric bicycles.''.
(d) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2021, in taxable years ending after such date.
PART 5--INVESTMENT IN THE GREEN WORKFORCE AND MANUFACTURING
SEC. 136501. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.
(a) Extension of Credit.--Section 48C is amended by
redesignating subsection (e) as subsection (f) and by
inserting after subsection (d) the following new subsection:
``(e) Additional Allocations.--
``(1) In general.--Not later than 270 days after the date
of enactment of this subsection, the Secretary shall
establish a program to consider and award certifications for
qualified investments eligible for credits under this section
to qualifying advanced energy project sponsors.
``(2) Annual limitation.--
``(A) In general.--The amount of credits that may be
allocated under this subsection during any calendar year
shall not exceed the annual credit limitation with respect to
such year.
``(B) Annual credit limitation.--
``(i) In general.--For purposes of this subsection, the
term `annual credit limitation' means $5,000,000,000 for each
of calendar years
[[Page H6522]]
2022 through 2023, $1,875,000,000 for each of calendar years
2024 through 2031, and zero thereafter.
``(ii) Amount set aside for automotive communities.--
``(I) In general.--For purposes of clause (i), $800,000,000
of the annual credit limitation for each of calendar years
2022 through 2023 and $300,000,000 for each of calendar years
2024 through 2031 shall be allocated to qualified investments
located within automotive communities.
``(II) Automotive communities.--For purposes of this
clause, the term `automotive communities' means a census
tract and any directly adjoining census tract, including a
no-population census tract, that has experienced major job
losses in the automotive manufacturing sector since January
1, 1994, as determined by the Secretary.
``(iii) Amount set aside for energy communities.--For
purposes of clause (i), $800,000,000 of the annual credit
limitation for each of calendar years 2022 through 2023 and
$300,000,000 for each of calendar years 2024 through 2031
shall be allocated to qualified investments located within
energy communities (as defined in section 45(b)(11)(B)).
``(C) Carryover of unused limitation.--If the annual credit
limitation for any calendar year exceeds the aggregate amount
designated for such year under this subsection, such
limitation for the succeeding calendar year shall be
increased by the amount of such excess. No amount may be
carried under the preceding sentence to any calendar year
after 2036.
``(3) Certifications.--
``(A) Application requirement.--Each applicant for
certification under this subsection shall submit an
application at such time and containing such information as
the Secretary may require.
``(B) Time to meet criteria for certification.--Each
applicant for certification shall have 2 years from the date
of acceptance by the Secretary of the application during
which to provide to the Secretary evidence that the
requirements of the certification have been met.
``(C) Period of issuance.--An applicant which receives a
certification shall have 2 years from the date of issuance of
the certification in order to place the project in service
and to notify the Secretary that such project has been so
placed in service, and if such project is not placed in
service (and the Secretary so notified) by that time period,
then the certification shall no longer be valid. If any
certification is revoked under this subparagraph, the amount
of the annual credit limitation under paragraph (2) for the
calendar year in which such certification is revoked shall be
increased by the amount of the credit with respect to such
revoked certification.
``(4) Selection criteria.--Selection criteria similar to
those in subsection (d)(3) shall apply, except that in
determining designations under this subsection, the Secretary
shall--
``(A) in addition to the factors described in subsection
(d)(3)(B), take into consideration which projects--
``(i) will provide the greatest net impact in avoiding or
reducing anthropogenic emissions of greenhouse gases, as
determined by the Secretary,
``(ii) will provide the greatest domestic job creation
(both direct and indirect) during the credit period,
``(iii) will provide the greatest job creation within the
vicinity of the project, particularly with respect to--
``(I) low-income communities (as described in section
45D(e)), and
``(II) dislocated workers who were previously employed in
manufacturing, coal power plants, or coal mining, and
``(iv) will provide the greatest job creation in areas with
a population that is at risk of experiencing higher or more
adverse human health or environmental effects and a
significant portion of such population is comprised of
communities of color, low-income communities, Tribal and
Indigenous communities, or individuals formerly employed in
the fossil fuel industry, and
``(B) give the highest priority to projects which--
``(i) manufacture (other than primarily assembly of
components) property described in a subclause of subsection
(c)(1)(A)(i) (or components thereof), and
``(ii) have the greatest potential for commercial
deployment of new applications.
``(5) Disclosure of allocations.--The Secretary shall, upon
allocating a credit under this subsection, publicly disclose
the identity of the applicant, the amount of the credit with
respect to such applicant, and the project location for which
such credit was allocated.
``(6) Credit conditioned upon wage and apprenticeship
requirements.--
``(A) Base rate.--For purposes of allocations under this
subsection, the amount of the credit determined under
subsection (a) shall be determined by substituting `6
percent' for `30 percent'.
``(B) Alternative rate.--In the case of any project which
satisfies the requirements of paragraphs (7) and (8), the
amount of the credit determined under subsection (a) (after
application of subparagraph (A)) shall be equal to such
amount multiplied by 5.
``(7) Prevailing wage requirements.--
``(A) In general.--The requirements described in this
paragraph with respect to a project are that the taxpayer
shall ensure that any laborers and mechanics employed by
contractors and subcontractors in the re-equipping,
expansion, or establishment of a manufacturing facility shall
be paid wages at rates not less than the prevailing rates for
construction, alteration, or repair of a similar character in
the locality as most recently determined by the Secretary of
Labor, in accordance with subchapter IV of chapter 31 of
title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--In the case of any taxpayer which fails
to satisfy the requirement under subparagraph (A) with
respect to any project--
``(i) rules similar to the rules of clauses (i) through
(iv) of section 45(b)(7)(B) shall apply, and
``(ii) if the failure to satisfy the requirement under
subparagraph (A) is not corrected pursuant to the rules
described in clause (i), the certification with respect to
the re-equipping, expansion, or establishment of a
manufacturing facility shall no longer be valid.
``(8) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.''.
(b) Modification of Qualifying Advanced Energy Projects.--
(1) Inclusion of water as a renewable resource.--Section
48C(c)(1)(A)(i)(I) is amended by inserting ``water,'' after
``sun,''.
(2) Energy storage systems.--Section 48C(c)(1)(A)(i)(II) is
amended by striking ``an energy storage system for use with
electric or hybrid-electric motor vehicles'' and inserting
``energy storage systems and components''.
(3) Modification of qualifying electric grid property.--
Section 48C(c)(1)(A)(i)(III) is amended to read as follows:
``(III) electric grid modernization equipment or
components,''.
(4) Use of captured carbon.--Section 48C(c)(1)(A)(i)(IV) is
amended by striking ``sequester'' and insert ``use or
sequester''.
(5) Electric vehicles and bicycles.--Section
48C(c)(1)(A)(i)(VI) is amended--
(A) by striking ``new qualified plug-in electric drive
motor vehicles (as defined by section 30D)'' and inserting
``vehicles described in sections 36C and 45Y, and bicycles
described in section 36E'', and
(B) and striking ``and power control units'' and inserting
``power control units, and equipment used for charging or
refueling''.
(6) Property for production of hydrogen.--Section
48C(c)(1)(A)(i) is amended by striking ``or'' at the end of
subclause (VI), by redesignating subclause (VII) as subclause
(VIII), an by inserting after subclause (VI) the following
new subclause:
``(VII) property designed to be used to produce qualified
clean hydrogen (as defined in section 45X), or''.
(7) Recycling of advanced energy property.--Section
48C(c)(1) is amended by adding at the end the following new
subparagraph:
``(C) Special rule for certain recycling facilities.--A
facility which recycles batteries or similar energy storage
property described in subparagraph (A)(i) shall be treated as
part of a manufacturing facility described in such
subparagraph.''.
(c) Denial of Double Benefit.--48C(f), as redesignated by
this section, is amended by striking ``or 48B'' and inserting
``48B, 48F, 45Q, or 45X''.
(d) Effective Date.--The amendments made by this section
shall take effect on January 1, 2022.
SEC. 136502. LABOR COSTS OF INSTALLING MECHANICAL INSULATION
PROPERTY.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this
Act, is further amended by adding at the end the following
new section:
``SEC. 45Z. LABOR COSTS OF INSTALLING MECHANICAL INSULATION
PROPERTY.
``(a) In General.--For purposes of section 38, the
mechanical insulation labor costs credit determined under
this section for any taxable year is an amount equal to 2
percent of the mechanical insulation labor costs paid or
incurred by the taxpayer during such taxable year.
``(b) Mechanical Insulation Labor Costs.--For purposes of
this section--
``(1) In general.--The term `mechanical insulation labor
costs' means the labor cost of installing mechanical
insulation property with respect to a mechanical system
referred to in paragraph (2)(A) which was originally placed
in service not less than 1 year before the date on which such
mechanical insulation property is installed.
``(2) Mechanical insulation property.--The term `mechanical
insulation property' means insulation materials, and facings
and accessory products installed in connection to such
insulation materials--
``(A) placed in service in connection with a mechanical
system which--
``(i) is located in the United States,
``(ii) is of a character subject to an allowance for
depreciation, and
``(iii) meets the requirements of section 434.403 of title
10, Code of Federal Regulations (as in effect on the date of
enactment of this section), and
``(B) which result in a reduction in energy loss from the
mechanical system which is greater than the expected
reduction from the installation of insulation materials which
meet the minimum requirements of Reference Standard 90.1 (as
defined in section 179D(c)(2)).
``(c) Wage and Apprenticeship Requirements.--
``(1) In general.--In the case of any project which meets
the prevailing wage and apprenticeship requirements of this
subsection, the amount of credit determined under subsection
(a) shall be multiplied by 5.
``(2) Wage requirements.--Rules similar to the rules of
section 45(b)(7)(A) and clauses (i) through (iv) of section
45(b)(7)(B) shall apply.
``(3) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(d) Termination.--This section shall not apply to
mechanical insulation labor costs paid or incurred after
December 31, 2025.''.
(b) Credit Allowed as Part of General Business Credit.--
Section 38(b), as amended by
[[Page H6523]]
the preceding provisions of this Act, is further amended by
striking ``plus'' at the end of paragraph (36), by striking
the period at the end of paragraph (37) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(38) the mechanical insulation labor costs credit
determined under section 45Z(a).''.
(c) Conforming Amendments.--
(1) Section 280C is amended by adding at the end the
following new subsection:
``(i) Mechanical Insulation Labor Costs Credit.--
``(1) In general.--No deduction shall be allowed for that
portion of the mechanical insulation labor costs (as defined
in section 45Z(b)) otherwise allowable as deduction for the
taxable year which is equal to the amount of the credit
determined for such taxable year under section 45Z(a).
``(2) Similar rule where taxpayer capitalizes rather than
deducts expenses.--If--
``(A) the amount of the credit determined for the taxable
year under section 45Z(a), exceeds
``(B) the amount of allowable as a deduction for such
taxable year for mechanical insulation labor costs
(determined without regard to paragraph (1)),
the amount chargeable to capital account for the taxable year
for such costs shall be reduced by the amount of such
excess.''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by the preceding
provisions of this Act, is further amended by adding at the
end the following new item:
``Sec. 45Z. Labor costs of installing mechanical insulation
property.''.
(d) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred after December 31,
2021, in taxable years ending after such date.
SEC. 136503. ADVANCED MANUFACTURING INVESTMENT CREDIT.
(a) In General.--Subpart E of part IV of subchapter A of
chapter 1 is amended by inserting after section 48D the
following new section:
``SEC. 48E. ADVANCED MANUFACTURING INVESTMENT CREDIT.
``(a) Establishment of Credit.--
``(1) In general.--For purposes of section 46, the advanced
manufacturing investment credit for any taxable year is an
amount equal to the applicable percentage of the qualified
investment for such taxable year with respect to any advanced
manufacturing facility.
``(2) Applicable percentage.--
``(A) Base amount.--In the case of any advanced
manufacturing facility which does not satisfy the
requirements described in clauses (i) and (ii) of
subparagraph (B), the applicable percentage shall be 5
percent.
``(B) Alternative amount.--In the case of any advanced
manufacturing facility which--
``(i) subject to subparagraph (B) of subsection (c)(2),
satisfies the requirements under subparagraph (A) of such
subsection, and
``(ii) with respect to the construction of such facility,
satisfies the apprenticeship requirements under subsection
(c)(3),
the applicable percentage shall be 25 percent.
``(b) Qualified Investment.--
``(1) In general.--For purposes of subsection (a)(1), the
qualified investment with respect to any advanced
manufacturing facility for any taxable year is the basis of
any qualified property placed in service by the taxpayer
during such taxable year which is part of an advanced
manufacturing facility.
``(2) Qualified property.--
``(A) In general.--For purposes of this subsection, the
term `qualified property' means property--
``(i) which is tangible property,
``(ii) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable,
``(iii) which is--
``(I) constructed, reconstructed, or erected by the
taxpayer, or
``(II) acquired by the taxpayer if the original use of such
property commences with the taxpayer, and
``(iv) which is integral to the operation of the advanced
manufacturing facility.
``(B) Buildings and structural components.--
``(i) In general.--The term `qualified property' includes
any building or its structural components which otherwise
satisfy the requirements under subparagraph (A).
``(ii) Exception.--Clause (i) shall not apply with respect
to a building or portion of a building used for offices,
administrative services or other functions unrelated to
manufacturing.
``(3) Advanced manufacturing facility.--For purposes of
this subpart, the term `advanced manufacturing facility'
means a facility for which the primary purpose is the
manufacturing of semiconductors or semiconductor tooling
equipment.
``(4) Coordination with rehabilitation credit.--The
qualified investment with respect to any advanced
manufacturing facility for any taxable year shall not include
that portion of the basis of any property which is
attributable to qualified rehabilitation expenditures (as
defined in section 47(c)(2)).
``(c) Special Rules.--
``(1) Certain progress expenditure rules made applicable.--
Rules similar to the rules of subsections (c)(4) and (d) of
section 46 (as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of subsection (a).
``(2) Wage requirements.--
``(A) In general.--The requirements described in this
subparagraph with respect to any facility are that the
taxpayer shall ensure that any laborers and mechanics
employed by contractors and subcontractors in--
``(i) the construction of such facility, and
``(ii) for any year during the 5-year period beginning on
the date the facility is originally placed in service, the
alteration or repair of such facility,
shall be paid wages at rates not less than the prevailing
rates for construction, alteration, or repair of a similar
character in the locality as most recently determined by the
Secretary of Labor, in accordance with subchapter IV of
chapter 31 of title 40, United States Code.
``(B) Correction and penalty related to failure to satisfy
wage requirements.--Rules similar to the rules of clauses (i)
through (iv) of section 45(b)(7)(B) shall apply.
``(C) Recapture.--The Secretary shall, by regulations or
other guidance, provide for recapturing the benefit of any
increase in the credit allowed under paragraph (2)(B) of
subsection (a), with respect to any project which does not
satisfy the requirements under subparagraph (A) (after
application of subparagraph (B)) for the period described in
clause (ii) of subparagraph (A) (but which does not cease to
be investment credit property within the meaning of section
50(a)). The period and percentage of such recapture shall be
determined under rules similar to the rules of section 50(a).
``(3) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(4) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary or appropriate to carry out the purposes
of this section, including regulations or other guidance
which provides for requirements for recordkeeping or
information reporting for purposes of establishing the
requirements of this section.
``(d) Termination of Credit.--The credit allowed under this
section shall not apply to facilities or property the
construction of which begins after December 31, 2025.''.
(b) Elective Payment of Credit.--Section 6417(b), as
amended by the preceding provisions of this Act, is amended
by adding at the end the following new paragraph:
``(10) The advanced manufacturing investment credit
determined under section 48E.''.
(c) Conforming Amendments.--
(1) Section 46 is amended--
(A) by striking ``and'' at the end of paragraph (6),
(B) by striking the period at the end of paragraph (7) and
inserting ``, and'', and
(C) by adding at the end the following new paragraph:
``(8) the advanced manufacturing investment credit.''.
(2) Section 49(a)(1)(C) is amended--
(A) by striking ``and'' at the end of clause (vi),
(B) by striking the period at the end of clause (vii) and
inserting ``, and'', and
(C) by adding at the end the following new clause:
``(viii) the basis of any qualified property (as defined in
section 48E(b)(2)) which is part of an advanced manufacturing
facility.''.
(3) Section 50(a)(2)(E) is amended by striking ``or
48D(e)'' and inserting ``48D(e), or 48E(c)(1)''.
(4) The table of sections for subpart E of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 48D the following new item:
``48E. Advanced manufacturing investment credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2021 and, for any property the construction of which begins
prior to January 1, 2022, only to the extent of the basis
thereof attributable to the construction, reconstruction, or
erection after December 31, 2021.
SEC. 136504. ADVANCED MANUFACTURING PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:
``SEC. 45AA. ADVANCED MANUFACTURING PRODUCTION CREDIT.
``(a) In General.--
``(1) Allowance of credit.--For purposes of section 38, the
advanced manufacturing production credit for any taxable year
is an amount equal to the sum of the credit amounts
determined under subsection (b) with respect to each eligible
component which is--
``(A) produced by such taxpayer, and
``(B) during the taxable year, sold by the taxpayer to an
unrelated person.
``(2) Production and sale must be in trade or business.--
Any eligible component produced and sold by the taxpayer
shall be taken into account only if the production and sale
described in paragraph (1) is in a trade or business of the
taxpayer.
``(3) Unrelated person.--For purposes of this subsection, a
taxpayer shall be treated as selling components to an
unrelated person if such component is sold to such person by
a person related to the taxpayer.
``(b) Credit Amount.--
``(1) In general.--Subject to paragraph (3), the amount
determined under this subsection with respect to any eligible
component, including any eligible component it incorporates,
shall be equal to--
``(A) in the case of a thin photovoltaic cell or a
crystalline photovoltaic cell, an amount equal to the product
of--
``(i) 4 cents, multiplied by
``(ii) the capacity of such cell (expressed on a per direct
current watt basis),
``(B) in the case of a photovoltaic wafer, $12 per square
meter,
``(C) in the case of solar grade polysilicon, $3 per
kilogram,
``(D) in the case of a solar module, an amount equal to the
product of--
[[Page H6524]]
``(i) 7 cents, multiplied by
``(ii) the capacity of such module (expressed on a per
direct current watt basis), and
``(E) in the case of a wind energy component, an amount
equal to the product of--
``(i) the applicable amount with respect to such component,
multiplied by
``(ii) the total rated capacity (expressed on a per watt
basis) of the completed wind turbine for which such component
is designed.
``(2) Applicable amount.--For purposes of paragraph (1)(E),
the applicable amount with respect to any wind energy
component shall be--
``(A) in the case of a blade, 2 cents,
``(B) in the case of a nacelle, 5 cents,
``(C) in the case of a tower, 3 cents, and
``(D) in the case of an offshore wind foundation--
``(i) which uses a fixed platform, 2 cents, or
``(ii) which uses a floating platform, 4 cents.
``(3) Phase out.--
``(A) In general.--In the case of any eligible component
sold after December 31, 2026, the amount determined under
this subsection with respect to such component shall be equal
to the product of--
``(i) the amount determined under paragraph (1) with
respect to such component, as determined without regard to
this paragraph, multiplied by
``(ii) the phase out percentage under subparagraph (B).
``(B) Phase out percentage.--The phase out percentage under
this subparagraph is equal to--
``(i) in the case of an eligible component sold during
calendar year 2027, 75 percent,
``(ii) in the case of an eligible component sold during
calendar year 2028, 50 percent,
``(iii) in the case of an eligible component sold during
calendar year 2029, 25 percent,
``(iv) in the case of an eligible component sold after
December 31, 2029, 0 percent.
``(c) Definitions.--For purposes of this section--
``(1) Eligible component.--
``(A) In general.--The term `eligible component' means--
``(i) any solar energy component, and
``(ii) any wind energy component.
``(B) Application with other credits.--The term `eligible
component' shall not include any property which is produced
at a facility if the basis of any property which is part of
such facility is taken into account for purposes of the
credit allowed under section 48C or 48E after the date of the
enactment of this section.
``(2) Solar energy component.--
``(A) In general.--The term `solar energy component' means
any of the following:
``(i) Solar modules.
``(ii) Photovoltaic cells.
``(iii) Photovoltaic wafers.
``(iv) Solar grade polysilicon.
``(B) Associated definitions.--
``(i) Photovoltaic cell.--The term `photovoltaic cell'
means the smallest semiconductor element of a solar module
which performs the immediate conversion of light into
electricity.
``(ii) Photovoltaic wafer.--The term `photovoltaic wafer'
means a thin slice, sheet, or layer of semiconductor material
of at least 240 square centimeters produced by a single
manufacturer--
``(I) either--
``(aa) directly from molten or evaporated solar grade
polysilicon or deposition of solar grade thin film
semiconductor photon absorber layer, or
``(bb) through formation of an ingot from molten
polysilicon and subsequent slicing, and
``(II) which comprises the substrate or absorber layer of
one or more photovoltaic cells.
``(iii) Solar grade polysilicon.--The term `solar grade
polysilicon' means silicon which is--
``(I) suitable for use in photovoltaic manufacturing, and
``(II) purified to a minimum purity of 99.999999 percent
silicon by mass.
``(iv) Solar module.--The term `solar module' means the
connection and lamination of photovoltaic cells into an
environmentally protected final assembly which is--
``(I) suitable to generate electricity when exposed to
sunlight, and
``(II) ready for installation without an additional
manufacturing process.
``(3) Wind energy component.--
``(A) In general.--The term `wind energy component' means
any of the following:
``(i) Blades.
``(ii) Nacelles.
``(iii) Towers.
``(iv) Offshore wind foundations.
``(B) Associated definitions.--
``(i) Blade.--The term `blade' means an airfoil-shaped
blade which is responsible for converting wind energy to low-
speed rotational energy.
``(ii) Offshore wind foundation.--The term `offshore wind
foundation' means the component which secures an offshore
wind tower and any above-water turbine components to the
seafloor using--
``(I) fixed platforms, such as offshore wind monopiles,
jackets, or gravity-based foundations, or
``(II) floating platforms and associated mooring systems.
``(iii) Nacelle.--The term `nacelle' means the assembly of
the drivetrain and other tower-top components of a wind
turbine (with the exception of the blades and the hub) within
their cover housing.
``(iv) Tower.--The term `tower' means a tubular or lattice
structure which supports the nacelle and rotor of a wind
turbine.
``(d) Special Rules.--In this section--
``(1) Related persons.--Persons shall be treated as related
to each other if such persons would be treated as a single
employer under the regulations prescribed under section
52(b).
``(2) Only production in the united states taken into
account.--Sales shall be taken into account under this
section only with respect to eligible components the
production of which is within--
``(A) the United States (within the meaning of section
638(1)), or
``(B) a possession of the United States (within the meaning
of section 638(2)).
``(3) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(4) Credit equal to 10 percent of the credit amount for
union facilities.--In the case of a facility operating under
a collective bargaining agreement negotiated by an employee
organization (as defined in section 412(c)(4)), determined in
a manner consistent with section 7701(a)(46), for purposes of
determining the amount of the credit under subsection (a)
with respect to eligible components produced by such
facility, the applicable amount under subsection (b) of such
subsection shall be increased by an amount equal to 10
percent of the amount otherwise in effect under such
subsection.
``(5) Sale of integrated components.--For purposes of this
section, a person shall be treated as having sold an eligible
component if such component is integrated, incorporated, or
assembled into another eligible component which is sold to an
unrelated person.''.
(b) Elective Payment of Credit.--Section 6417(b), as
amended by the preceding provisions of this Act, is amended
by adding at the end the following new paragraph:
``(11) The credit for advanced manufacturing production
under section 45AA.''.
(c) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986 is
amended--
(A) in paragraph (37), by striking ``plus'' at the end,
(B) in paragraph (38), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(39) the advanced manufacturing production credit
determined under section 45AA(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 45AA. Advanced manufacturing production credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to components produced and sold after December
31, 2021.
PART 6--ENVIRONMENTAL JUSTICE
SEC. 136601. QUALIFIED ENVIRONMENTAL JUSTICE PROGRAM CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this
Act, is amended by inserting after section 36F the following
new section:
``SEC. 36G. QUALIFIED ENVIRONMENTAL JUSTICE PROGRAMS.
``(a) Allowance of Credit.--In the case of an eligible
educational institution, there shall be allowed as a credit
against the tax imposed by this subtitle for any taxable year
an amount equal to the applicable percentage of the amounts
paid or incurred by such taxpayer during such taxable year
which are necessary for a qualified environmental justice
program.
``(b) Qualified Environmental Justice Program.--For
purposes of this section--
``(1) In general.--The term `qualified environmental
justice program' means a program conducted by one or more
eligible educational institutions that is designed to
address, or improve data about, qualified environmental
stressors for the primary purpose of improving, or
facilitating the improvement of, health and economic outcomes
of individuals residing in low-income areas or areas that
experience, or are at risk of experiencing, multiple
exposures to qualified environmental stressors.
``(2) Qualified environmental stressor.--The term
`qualified environmental stressor' means, with respect to an
area, a contamination of the air, water, soil, or food with
respect to such area or a change relative to historical norms
of the weather conditions of such area, including--
``(A) toxic pollutants (such as lead, pesticides, or fine
particulate matter) in air, soil, food, or water,
``(B) high rates of asthma prevalence and incidence, and
``(C) such other adverse human health or environmental
effects as are identified by the Secretary.
``(c) Eligible Educational Institution.--For purposes of
this section, the term `eligible educational institution'
means an institution of higher education (as such term is
defined in section 101 or 102(c) of the Higher Education Act
of 1965) that is eligible to participate in a program under
title IV of such Act.
``(d) Applicable Percentage.--For purposes of this section,
the term `applicable percentage' means--
``(1) in the case of a program involving material
participation of faculty and students of an institution
described in section 371(a) of the Higher Education Act of
1965, 30 percent, and
``(2) in all other cases, 20 percent.
``(e) Credit Allocation.--
``(1) Allocation.--
``(A) In general.--The Secretary shall allocate credit
dollar amounts under this section to eligible educational
institutions, for qualified environmental justice programs,
that--
``(i) submit applications at such time and in such manner
as the Secretary may provide, and
``(ii) are selected by the Secretary under subparagraph
(B).
``(B) Selection criteria.--The Secretary shall select
applications on the basis of the following criteria:
[[Page H6525]]
``(i) The extent of participation of faculty and students
of an institution described in section 371(a) of the Higher
Education Act of 1965.
``(ii) The extent of the expected effect on the health or
economic outcomes of individuals residing in areas within the
United States that are low-income areas or areas that
experience, or are at risk of experiencing, multiple
exposures to qualified environmental stressors.
``(iii) The creation or significant expansion of qualified
environmental justice programs.
``(2) Limitations.--
``(A) In general.--The amount of the credit determined
under this section for any taxable year to any eligible
educational institution for any qualified environmental
justice program shall not exceed the excess of--
``(i) the credit dollar amount allocated to such
institution for such program under this subsection, over
``(ii) the credits previously claimed by such institution
for such program under this section.
``(B) Five-year limitation.--No amounts paid or incurred
after the 5-year period beginning on the date a credit dollar
amount is allocated to an eligible educational institution
for a qualified environmental justice program shall be taken
into account under subsection (a) with respect to such
institution for such program.
``(C) Allocation limitation.--The total amount of credits
that may be allocated under the program shall not exceed--
``(i) $1,000,000,000 for each of taxable years 2022 through
2031, and
``(ii) $0 for each subsequent year.
``(D) Carryover of unused limitation.--If the annual credit
limitation for any calendar year exceeds the aggregate amount
designated for such year under this subsection, such
limitation for the succeeding calendar year shall be
increased by the amount of such excess. No amount may be
carried under the preceding sentence to any calendar year
after 2036.
``(f) Requirements.--
``(1) In general.--An eligible educational institution that
has been allocated credit dollar amounts under this section
for a qualified environmental justice project for a taxable
year shall--
``(A) make publicly available the application submitted to
the Secretary under subsection (e) with respect to such
project, and
``(B) submit an annual report to the Secretary that
describes the amounts paid or incurred for, and expected
impact of, such project.
``(2) Failure to comply.--In the case of an eligible
educations institution that has failed to comply with the
requirements of this subsection, the credit dollar amount
allocated to such institution under this section is deemed to
be $0.
``(g) Public Disclosure.--The Secretary, upon making an
allocation of credit dollar amounts under this section, shall
publicly disclose--
``(1) the identity of the eligible educational institution
receiving the allocation, and
``(2) the amount of such allocation.''.
(b) Gross-up of Payments in Case of Sequestration.--In the
case of any payment made as a refund due to an overpayment as
a result of section 36G of the Internal Revenue Code of 1986
made after the date of the enactment of this Act to which
sequestration applies, the amount of such payment shall be
increased to an amount equal to--
(1) such payment (determined before such sequestration),
multiplied by
(2) the quotient obtained by dividing 1 by the amount by
which 1 exceeds the percentage reduction in such payment
pursuant to such sequestration.
For purposes of this subsection, the term ``sequestration''
means any reduction in direct spending ordered in accordance
with a sequestration report prepared by the Director of the
Office and Management and Budget pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985 or the
Statutory Pay-As-You-Go Act of 2010.
(c) Conforming Amendments.--
(1) Section 6211(b)(4)(A), as amended by the preceding
provisions of this Act, is amended by inserting ``36G,''
after ``36F,''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, as amended by the preceding provisions of this
Act, is amended by inserting ``36G,'' after ``36F,''.
(d) Clerical Amendment.--The table of sections for subpart
C of part IV of subchapter A of chapter 1, as amended by the
preceding provisions of this Act, is amended by inserting
after the item relating to section 36F the following new
item:
``Sec. 36G. Qualified environmental justice programs.''.
(e) Effective Date.--The amendments made by this section
shall take effect on January 1, 2022.
PART 7--SUPERFUND
SEC. 136701. REINSTATEMENT OF SUPERFUND.
(a) Hazardous Substance Superfund Financing Rate.--
(1) Extension.--Section 4611(e) is amended to read as
follows:
``(e) Application of Hazardous Substance Superfund
Financing Rate.--The Hazardous Substance Superfund financing
rate under this section shall apply after June 30, 2022.''.
(2) Adjustment for inflation.--
(A) Section 4611(c)(2)(A) is amended by striking ``9.7
cents'' and inserting ``16.4 cents''.
(B) Section 4611(c) is amended by adding at the end the
following:
``(3) Adjustment for inflation.--
``(A) In general.--In the case of a year beginning after
2022, the amount in paragraph (2)(A) shall be increased by an
amount equal to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2021' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $0.01, such amount
shall be rounded to the next lowest multiple of $0.01.''.
(b) Authority for Advances.--Section 9507(d)(3)(B) is
amended by striking ``December 31, 1995'' and inserting
``December 31, 2031''.
(c) Effective Date.--The amendments made by this section
shall take effect on July 1, 2022.
PART 8--INCENTIVES FOR CLEAN ELECTRICITY AND CLEAN TRANSPORTATION
SEC. 136801. CLEAN ELECTRICITY PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:
``SEC. 45BB. CLEAN ELECTRICITY PRODUCTION CREDIT.
``(a) Amount of Credit.--
``(1) In general.--For purposes of section 38, the clean
electricity production credit for any taxable year is an
amount equal to the product of--
``(A) the kilowatt hours of electricity--
``(i) produced by the taxpayer at a qualified facility, and
``(ii)(I) sold by the taxpayer to an unrelated person
during the taxable year, or
``(II) in the case of a qualified facility which is
equipped with a metering device which is owned and operated
by an unrelated person, sold, consumed, or stored by the
taxpayer during the taxable year, multiplied by
``(B) the applicable amount with respect to such qualified
facility.
``(2) Applicable amount.--
``(A) Base amount.--Subject to subsection (g)(7), in the
case of any qualified facility which is not described in
clause (i) of subparagraph (B) and does not satisfy the
requirements described in clause (ii) of such subparagraph,
the applicable amount shall be 0.3 cents.
``(B) Alternative amount.--Subject to subsection (g)(7), in
the case of any qualified facility--
``(i) with a maximum net output of less than 1 megawatt, or
``(ii) which--
``(I) satisfies the requirements under paragraph (9) of
subsection (g), and
``(II) with respect to the construction of such facility,
satisfies the requirements under paragraph (10) of subsection
(g),
the applicable amount shall be 1.5 cents.
``(b) Qualified Facility.--
``(1) In general.--
``(A) Definition.--Subject to subparagraphs (B), (C), and
(D), the term `qualified facility' means a facility owned by
the taxpayer--
``(i) which is used for the generation of electricity,
``(ii) the construction of which begins after December 31,
2026, and
``(iii) for which the greenhouse gas emissions rate (as
determined under paragraph (2)) is not greater than zero.
``(B) 10-year production credit.--For purposes of this
section, a facility shall only be treated as a qualified
facility during the 10-year period beginning on the date the
facility was originally placed in service.
``(C) Expansion of facility; incremental production.--The
term `qualified facility' shall include either of the
following in connection with a facility described in
subparagraph (A) (without regard to clause (ii) of such
subparagraph) the construction of which begins before January
1, 2027, but only to the extent of the increased amount of
electricity produced at the facility by reason of the
following:
``(i) A new unit the construction of which begins after
December 31, 2026.
``(ii) Any additions of capacity the construction of which
begins after December 31, 2026.
``(D) Coordination with other credits.--The term `qualified
facility' shall not include any facility for which a credit
determined under section 45, 45J, 45Q, 48, 48A, or 48F is
allowed under section 38 for the taxable year or any prior
taxable year.
``(2) Greenhouse gas emissions rate.--
``(A) In general.--For purposes of this section, the term
`greenhouse gas emissions rate' means the amount of
greenhouse gases emitted into the atmosphere by a facility in
the production of electricity, expressed as grams of
CO2e per KWh.
``(B) Fuel combustion and gasification.--In the case of a
facility which produces electricity through combustion or
gasification, the greenhouse gas emissions rate for such
facility shall be equal to the net rate of greenhouse gases
emitted into the atmosphere by such facility (taking into
account lifecycle greenhouse gas emissions, as described in
section 211(o)(1)(H) of the Clean Air Act (42 U.S.C.
7545(o)(1)(H))) in the production of electricity, expressed
as grams of CO2e per KWh.
``(C) Establishment of emissions rates for facilities.--
``(i) Publishing emissions rates.--The Secretary shall
annually publish a table that sets forth the greenhouse gas
emissions rates for types or categories of facilities, which
a taxpayer shall use for purposes of this section.
``(ii) Provisional emissions rate.--In the case of any
facility for which an emissions rate has not been established
by the Secretary, a taxpayer which owns such facility may
file a petition with the Secretary for determination of the
emissions rate with respect to such facility.
``(D) Carbon capture and sequestration equipment.--For
purposes of this subsection, the amount of greenhouse gases
emitted into the atmosphere by a facility in the production
of electricity shall not include any qualified carbon dioxide
that is captured by the taxpayer and--
``(i) pursuant to any regulations established under
paragraph (2) of section 45Q(f), disposed
[[Page H6526]]
of by the taxpayer in secure geological storage, or
``(ii) utilized by the taxpayer in a manner described in
paragraph (5) of such section.
``(c) Inflation Adjustment.--
``(1) In general.--In the case of a calendar year beginning
after 2021, the 0.3 cent amount in paragraph (2)(A) of
subsection (a) and the 1.5 cent amount in paragraph (2)(B) of
such subsection shall each be adjusted by multiplying such
amount by the inflation adjustment factor for the calendar
year in which the sale or use of the electricity occurs. If
the 0.3 cent amount as increased under this paragraph is not
a multiple of 0.05 cent, such amount shall be rounded to the
nearest multiple of 0.05 cent. If the 1.5 cent amount as
increased under this paragraph is not a multiple of 0.1 cent,
such amount shall be rounded to the nearest multiple of 0.1
cent.
``(2) Annual computation.--The Secretary shall, not later
than April 1 of each calendar year, determine and publish in
the Federal Register the inflation adjustment factor for such
calendar year in accordance with this subsection.
``(3) Inflation adjustment factor.--The term `inflation
adjustment factor' means, with respect to a calendar year, a
fraction the numerator of which is the GDP implicit price
deflator for the preceding calendar year and the denominator
of which is the GDP implicit price deflator for the calendar
year 1992. The term `GDP implicit price deflator' means the
most recent revision of the implicit price deflator for the
gross domestic product as computed and published by the
Department of Commerce before March 15 of the calendar year.
``(d) Credit Phase-Out.--
``(1) In general.--The amount of the clean electricity
production credit under subsection (a) for any qualified
facility the construction of which begins during a calendar
year described in paragraph (2) shall be equal to the product
of--
``(A) the amount of the credit determined under subsection
(a) without regard to this subsection, multiplied by
``(B) the phase-out percentage under paragraph (2).
``(2) Phase-out percentage.--The phase-out percentage under
this paragraph is equal to--
``(A) for a facility the construction of which begins
during the first calendar year following the applicable year,
100 percent,
``(B) for a facility the construction of which begins
during the second calendar year following the applicable
year, 75 percent,
``(C) for a facility the construction of which begins
during the third calendar year following the applicable year,
50 percent, and
``(D) for a facility the construction of which begins
during any calendar year subsequent to the calendar year
described in subparagraph (C), 0 percent.
``(3) Applicable year.--For purposes of this subsection,
the term `applicable year' means the later of--
``(A) the calendar year in which the Secretary determines
that the annual greenhouse gas emissions from the production
of electricity in the United States are equal to or less than
25 percent of the annual greenhouse gas emissions from the
production of electricity in the United States for calendar
year 2021, or
``(B) 2031.
``(e) Definitions.--For purposes of this section:
``(1) CO2e per KWh.--The term `CO2e
per KWh' means, with respect to any greenhouse gas, the
equivalent carbon dioxide (as determined based on global
warming potential) per kilowatt hour of electricity produced.
``(2) Greenhouse gas.--The term `greenhouse gas' has the
same meaning given such term under section 211(o)(1)(G) of
the Clean Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect on
the date of the enactment of this section.
``(3) Qualified carbon dioxide.--The term `qualified carbon
dioxide' means carbon dioxide captured from an industrial
source which--
``(A) would otherwise be released into the atmosphere as
industrial emission of greenhouse gas,
``(B) is measured at the source of capture and verified at
the point of disposal or utilization, and
``(C) is captured and disposed or utilized within the
United States (within the meaning of section 638(1)) or a
possession of the United States (within the meaning of
section 638(2)).
``(f) Guidance.--Not later than January 1, 2027, the
Secretary shall issue guidance regarding implementation of
this section, including calculation of greenhouse gas
emission rates for qualified facilities and determination of
clean electricity production credits under this section.
``(g) Special Rules.--
``(1) Only production in the united states taken into
account.--Consumption or sales shall be taken into account
under this section only with respect to electricity the
production of which is within--
``(A) the United States (within the meaning of section
638(1)), or
``(B) a possession of the United States (within the meaning
of section 638(2)).
``(2) Combined heat and power system property.--
``(A) In general.--For purposes of subsection (a)--
``(i) the kilowatt hours of electricity produced by a
taxpayer at a qualified facility shall include any production
in the form of useful thermal energy by any combined heat and
power system property within such facility, and
``(ii) the amount of greenhouse gases emitted into the
atmosphere by such facility in the production of such useful
thermal energy shall be included for purposes of determining
the greenhouse gas emissions rate for such facility.
``(B) Combined heat and power system property.--For
purposes of this paragraph, the term `combined heat and power
system property' has the same meaning given such term by
section 48(c)(3) (without regard to subparagraphs (A)(iv),
(B), and (D) thereof).
``(C) Conversion from btu to kwh.--
``(i) In general.--For purposes of subparagraph (A)(i), the
amount of kilowatt hours of electricity produced in the form
of useful thermal energy shall be equal to the quotient of--
``(I) the total useful thermal energy produced by the
combined heat and power system property within the qualified
facility, divided by
``(II) the heat rate for such facility.
``(ii) Heat rate.--For purposes of this subparagraph, the
term `heat rate' means the amount of energy used by the
qualified facility to generate 1 kilowatt hour of
electricity, expressed as British thermal units per net
kilowatt hour generated.
``(3) Production attributable to the taxpayer.--In the case
of a qualified facility in which more than 1 person has an
ownership interest, except to the extent provided in
regulations prescribed by the Secretary, production from the
facility shall be allocated among such persons in proportion
to their respective ownership interests in the gross sales
from such facility.
``(4) Related persons.--Persons shall be treated as related
to each other if such persons would be treated as a single
employer under the regulations prescribed under section
52(b). In the case of a corporation which is a member of an
affiliated group of corporations filing a consolidated
return, such corporation shall be treated as selling
electricity to an unrelated person if such electricity is
sold to such a person by another member of such group.
``(5) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(6) Allocation of credit to patrons of agricultural
cooperative.--
``(A) Election to allocate.--
``(i) In general.--In the case of an eligible cooperative
organization, any portion of the credit determined under
subsection (a) for the taxable year may, at the election of
the organization, be apportioned among patrons of the
organization on the basis of the amount of business done by
the patrons during the taxable year.
``(ii) Form and effect of election.--An election under
clause (i) for any taxable year shall be made on a timely
filed return for such year. Such election, once made, shall
be irrevocable for such taxable year. Such election shall not
take effect unless the organization designates the
apportionment as such in a written notice mailed to its
patrons during the payment period described in section
1382(d).
``(B) Treatment of organizations and patrons.--The amount
of the credit apportioned to any patrons under subparagraph
(A)--
``(i) shall not be included in the amount determined under
subsection (a) with respect to the organization for the
taxable year, and
``(ii) shall be included in the amount determined under
subsection (a) for the first taxable year of each patron
ending on or after the last day of the payment period (as
defined in section 1382(d)) for the taxable year of the
organization or, if earlier, for the taxable year of each
patron ending on or after the date on which the patron
receives notice from the cooperative of the apportionment.
``(C) Special rules for decrease in credits for taxable
year.--If the amount of the credit of a cooperative
organization determined under subsection (a) for a taxable
year is less than the amount of such credit shown on the
return of the cooperative organization for such year, an
amount equal to the excess of--
``(i) such reduction, over
``(ii) the amount not apportioned to such patrons under
subparagraph (A) for the taxable year,
shall be treated as an increase in tax imposed by this
chapter on the organization. Such increase shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter.
``(D) Eligible cooperative defined.--For purposes of this
section, the term `eligible cooperative' means a cooperative
organization described in section 1381(a) which is owned more
than 50 percent by agricultural producers or by entities
owned by agricultural producers. For this purpose an entity
owned by an agricultural producer is one that is more than 50
percent owned by agricultural producers.
``(7) Increase in credit in certain cases.--
``(A) Energy communities.--In the case of any qualified
facility which is located in an energy community (as defined
in section 45(b)(11)(B)), for purposes of determining the
amount of the credit under subsection (a) with respect to any
electricity produced by the taxpayer at such facility during
the taxable year, the applicable amount under paragraph (2)
of such subsection shall be increased by an amount equal to
10 percent of the amount otherwise in effect under such
paragraph (without application of subparagraph (B)).
``(B) Domestic content.--Rules similar to the rules of
section 45(b)(9) shall apply.
``(8) Credit reduced for tax-exempt bonds.--Rules similar
to the rules of section 45(b)(3) shall apply.
``(9) Wage requirements.--Rules similar to the rules of
section 45(b)(7)(A) and clauses (i) through (iv) of section
45(b)(7)(B) shall apply.
``(10) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(11) Domestic content requirement for elective payment.--
Rules similar to the rules of section 45(b)(10) shall
apply.''.
(b) Elective Payment of Credit.--Section 6417(b), as
amended by preceding provisions of this Act, is amended by
adding at the end the following new paragraph:
``(12) The clean electricity production credit determined
under section 45BB(a).''.
(c) Election.--Section 6417(c)(3), as amended by the
preceding provisions of this Act, is
[[Page H6527]]
amended by adding at the end the following new subparagraph:
``(D) Clean electricity production credit.--In the case of
the credit described in subsection (b)(10), any election
under this subsection shall--
``(i) apply separately with respect to each qualified
facility,
``(ii) be made for the taxable year in which the facility
is placed in service, and
``(iii) shall apply to such taxable year and all subsequent
taxable years with respect to such facility.''.
(d) Conforming Amendments.--
(1) Section 38(b) is amended--
(A) in paragraph (38), by striking ``plus'' at the end,
(B) in paragraph (39), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(40) the clean electricity production credit determined
under section 45BB(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 45BB. Clean electricity production credit.''.
(e) Effective Date.--The amendments made by this section
shall apply to facilities placed in service after December
31, 2022.
SEC. 136802. CLEAN ELECTRICITY INVESTMENT CREDIT.
(a) In General.--Subpart E of part IV of subchapter A of
chapter 1 is amended by inserting after section 48E the
following new section:
``SEC. 48F. CLEAN ELECTRICITY INVESTMENT CREDIT.
``(a) Investment Credit for Qualified Property.--
``(1) In general.--For purposes of section 46, the clean
electricity investment credit for any taxable year is an
amount equal to the applicable percentage of the qualified
investment for such taxable year with respect to--
``(A) any qualified facility, and
``(B) any grid improvement property.
``(2) Applicable percentage.--
``(A) Qualified facilities.--Subject to paragraph (3)--
``(i) Base rate.--In the case of any qualified facility
which is not described in subclause (I) of clause (ii) and
does not satisfy the requirements described in subclause (II)
of such clause, the applicable percentage shall be 6 percent.
``(ii) Alternative rate.--In the case of any qualified
facility--
``(I) with a maximum net output of less than 1 megawatt, or
``(II) which--
``(aa) satisfies the requirements of subsection (d)(3), and
``(bb) with respect to the construction of such facility,
satisfies the requirements of subsection (d)(4),
the applicable percentage shall be 30 percent.
``(B) Grid improvement property.--Subject to paragraph
(3)--
``(i) Base rate.--In the case of any grid improvement
property which is not described in subclause (I) of clause
(ii) and does not satisfy the requirements described in
subclause (II) of such clause, the applicable percentage
shall be 6 percent.
``(ii) Alternative rate.--In the case of any grid
improvement property--
``(I) which is energy storage property with a capacity of
less than 1 megawatt, or
``(II) which--
``(aa) satisfies the requirements of subsection (d)(3), and
``(bb) with respect to the construction of such property,
satisfies rules similar to the rules of section 45(b)(8),
the applicable percentage shall be 30 percent.
``(3) Increase in credit rate in certain cases.--
``(A) Energy communities.--
``(i) In general.--In the case of any qualified investment
with respect to a qualified facility or with respect to grid
improvement property which is placed in service within an
energy community (as defined in section 45(b)(11)(B)), for
purposes applying paragraph (2) with respect to such property
or investment, the applicable percentage shall be increased
by the applicable credit rate increase.
``(ii) Applicable credit rate increase.--For purposes of
clause (i), the applicable credit rate increase shall be an
amount equal to--
``(I) in the case of any qualified investment with respect
to a qualified facility described in paragraph (2)(A)(i) or
with respect to grid improvement property described in
paragraph (2)(B)(i), 2 percentage points, and
``(II) in the case of any qualified investment with respect
to a qualified facility described in paragraph (2)(A)(ii) or
with respect to grid improvement property described in
paragraph (2)(B)(ii), 10 percentage points.
``(B) Domestic content.--Rules similar to the rules of
section 48(a)(12) shall apply.
``(b) Qualified Investment With Respect to a Qualified
Facility.--
``(1) In general.--For purposes of subsection (a), the
qualified investment with respect to any qualified facility
for any taxable year is the sum of--
``(A) the basis of any qualified property placed in service
by the taxpayer during such taxable year which is part of a
qualified facility, plus
``(B) the amount of any expenditures which are--
``(i) paid or incurred by the taxpayer for qualified
interconnection property--
``(I) in connection with a qualified facility which has a
maximum net output of not greater than 5 megawatts, and
``(II) placed in service during the taxable year of the
taxpayer, and
``(ii) properly chargeable to capital account of the
taxpayer.
``(2) Qualified property.--The term `qualified property'
means property--
``(A) which is--
``(i) tangible personal property, or
``(ii) other tangible property (not including a building or
its structural components), but only if such property is used
as an integral part of the qualified facility,
``(B) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable, and
``(C)(i) the construction, reconstruction, or erection of
which is completed by the taxpayer, or
``(ii) which is acquired by the taxpayer if the original
use of such property commences with the taxpayer.
``(3) Qualified facility.--
``(A) In general.--For purposes of this section, the term
`qualified facility' means a facility--
``(i) which is used for the generation of electricity,
``(ii) the construction of which begins after December 31,
2026, and
``(iii) for which the anticipated greenhouse gas emissions
rate (as determined under subparagraph (B)(ii)) is not
greater than zero.
``(B) Additional rules.--
``(i) Expansion of facility; incremental production.--Rules
similar to the rules of section 45BB(b)(1)(C) shall apply for
purposes of this paragraph.
``(ii) Greenhouse gas emissions rate.--Rules similar to the
rules of section 45BB(b)(2) shall apply for purposes of this
paragraph.
``(C) Exclusion.--The term `qualified facility' shall not
include any facility for which--
``(i) a renewable electricity production credit determined
under section 45,
``(ii) an advanced nuclear power facility production credit
determined under section 45J,
``(iii) a carbon oxide sequestration credit determined
under section 45Q,
``(iv) a clean electricity production credit determined
under section 45BB,
``(v) an energy credit determined under section 48,
``(vi) a qualifying advanced coal project credit under
section 48A, or
``(vii) a qualifying electric transmission property credit
under section 48D,
is allowed under section 38 for the taxable year or any prior
taxable year.
``(4) Qualified interconnection property.--For purposes of
this paragraph, the term `qualified interconnection property'
has the meaning given such term in section 48(a)(8)(B).
``(5) Coordination with rehabilitation credit.--The
qualified investment with respect to any qualified facility
for any taxable year shall not include that portion of the
basis of any property which is attributable to qualified
rehabilitation expenditures (as defined in section 47(c)(2)).
``(6) Definitions.--For purposes of this subsection, the
terms `CO2e per KWh' and `greenhouse gas emissions rate' have
the same meaning given such terms under section 45BB(b).
``(c) Qualified Investment With Respect to Grid Improvement
Property.--
``(1) In general.--
``(A) Qualified investment.--For purposes of subsection
(a), the qualified investment with respect to grid
improvement property for any taxable year is the basis of any
grid improvement property placed in service by the taxpayer
during such taxable year.
``(B) Grid improvement property.--For purposes of this
section, the term `grid improvement property' means any
energy storage property.
``(2) Energy storage property.--For purposes of this
section, the term `energy storage property' has the meaning
given such term in section 48(c)(6).
``(d) Special Rules.--
``(1) Certain progress expenditure rules made applicable.--
Rules similar to the rules of subsections (c)(4) and (d) of
section 46 (as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of subsection (a).
``(2) Special rule for property financed by subsidized
energy financing or private activity bonds.--Rules similar to
the rules of section 45(b)(3) shall apply.
``(3) Prevailing wage requirements.--Rules similar to the
rules of section 48(a)(10) shall apply.
``(4) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.
``(5) Domestic content requirement for elective payment.--
Rules similar to the rules of section 45(b)(10) shall apply.
``(e) Credit Phase-Out.--
``(1) In general.--The amount of the clean electricity
investment credit under subsection (a) for any qualified
investment with respect to any qualified facility or grid
improvement property the construction of which begins during
a calendar year described in paragraph (2) shall be equal to
the product of--
``(A) the amount of the credit determined under subsection
(a) without regard to this subsection, multiplied by
``(B) the phase-out percentage under paragraph (2).
``(2) Phase-out percentage.--The phase-out percentage under
this paragraph is equal to--
``(A) for any qualified investment with respect to any
qualified facility or grid improvement property the
construction of which begins during the first calendar year
following the applicable year, 100 percent,
``(B) for any qualified investment with respect to any
qualified facility or grid improvement property the
construction of which begins during the second calendar year
following the applicable year, 75 percent,
[[Page H6528]]
``(C) for any qualified investment with respect to any
qualified facility or grid improvement property the
construction of which begins during the third calendar year
following the applicable year, 50 percent, and
``(D) for any qualified investment with respect to any
qualified facility or grid improvement property the
construction of which begins during any calendar year
subsequent to the calendar year described in subparagraph
(C), 0 percent.
``(3) Applicable year.--For purposes of this subsection,
the term `applicable year' has the same meaning given such
term in section 45BB(d)(3).
``(f) Greenhouse Gas.--In this section, the term
`greenhouse gas' has the same meaning given such term under
section 45BB(e)(2).
``(g) Recapture of Credit.--For purposes of section 50, if
the Secretary determines that the greenhouse gas emissions
rate for a qualified facility is greater than 10 grams of
CO2e per KWh, any property for which a credit was
allowed under this section with respect to such facility
shall cease to be investment credit property in the taxable
year in which the determination is made.
``(h) Guidance.--Not later than January 1, 2027, the
Secretary shall issue guidance regarding implementation of
this section.''.
(b) Elective Payment of Credit.--Section 6417(b), as
amended by preceding provisions of this Act, is amended by
adding at the end the following new paragraph:
``(13) The clean electricity investment credit determined
under section 48F.''.
(c) Conforming Amendments.--
(1) Section 46 is amended--
(A) by striking ``and'' at the end of paragraph (5),
(B) by striking the period at the end of paragraph (6) and
inserting ``, and'', and
(C) by adding at the end the following new paragraph:
``(7) the clean electricity investment credit.''.
(2) Section 49(a)(1)(C) is amended--
(A) by striking ``and'' at the end of clause (iv),
(B) by striking the period at the end of clause (v) and
inserting a comma, and
(C) by adding at the end the following new clauses:
``(vi) the basis of any qualified property which is part of
a qualified facility under section 48F, and
``(vii) the basis of any energy storage property under
section 48F.''.
(3) Section 50(a)(2)(E) is amended by striking ``or
48E(c)(1)'' and inserting ``48E(c)(1), or 48F(e)''.
(4) Section 50(c)(3) is amended by inserting ``or clean
electricity investment credit'' after ``In the case of any
energy credit''.
(5) The table of sections for subpart E of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 48E the following new item:
``48F. Clean electricity investment credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2026, and, for any property the construction of which begins
prior to January 1, 2027, only to the extent of the basis
thereof attributable to the construction, reconstruction, or
erection after December 31, 2026.
SEC. 136803. INCREASE IN CLEAN ELECTRICITY INVESTMENT CREDIT
FOR FACILITIES PLACED IN SERVICE IN CONNECTION
WITH LOW-INCOME COMMUNITIES.
(a) In General.--Section 48F, as added by this Act, is
amended by adding at the end the following new subsection:
``(i) Special Rules for Certain Facilities Placed in
Service in Connection With Low-income Communities.--
``(1) In general.--In the case of any qualified facility
with respect to which the Secretary makes an allocation of
environmental justice capacity limitation under paragraph
(4)--
``(A) the applicable percentage otherwise determined under
subsection (a)(2) with respect to any eligible property which
is part of such facility shall be increased by--
``(i) in the case of a facility described in subclause (I)
of paragraph (2)(A)(iii) and not described in subclause (II)
of such paragraph, 10 percentage points, and
``(ii) in the case of a facility described in subclause
(II) of paragraph (2)(A)(iii), 20 percentage points, and
``(B) the increase in the credit determined under
subsection (a) by reason of this subsection for any taxable
year with respect to all property which is part of such
facility shall not exceed the amount which bears the same
ratio to the amount of such increase (determined without
regard to this subparagraph) as--
``(i) the environmental justice capacity limitation
allocated to such facility, bears to
``(ii) the total megawatt nameplate capacity of such
facility, as measured in direct current.
``(2) Qualified facility.--For purposes of this
subsection--
``(A) In general.--The term `qualified facility' means any
facility--
``(i) which is described in subsection (b)(3)(A) and not
described in section 45BB(b)(2)(B),
``(ii) which has a maximum net output of less than 5
megawatts, and
``(iii) which--
``(I) is located in a low-income community (as defined in
section 45D(e)) or on Indian land (as defined in section
2601(2) of the Energy Policy Act of 1992 (25 U.S.C.
3501(2))), or
``(II) is part of a qualified low-income residential
building project or a qualified low-income economic benefit
project.
``(B) Qualified low-income residential building project.--A
facility shall be treated as part of a qualified low-income
residential building project if--
``(i) such facility is installed on a residential rental
building which participates in a covered housing program (as
defined in section 41411(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12491(a)(3)), a Housing Development Fund
Corporation cooperative under Article XI of the New York
State Private Housing Finance Law, a housing assistance
program administered by the Department of Agriculture under
title V of the Housing Act of 1949, a housing program
administered by a tribally designated housing entity (as
defined in section 4(22) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103(22))) or such other affordable housing programs as the
Secretary may provide, and
``(ii) the financial benefits of the electricity produced
by such facility are allocated equitably among the occupants
of the dwelling units of such building.
``(C) Qualified low-income economic benefit project.--A
facility shall be treated as part of a qualified low-income
economic benefit project if at least 50 percent of the
financial benefits of the electricity produced by such
facility are provided to households with income of--
``(i) less than 200 percent of the poverty line applicable
to a family of the size involved, or
``(ii) less than 80 percent of area median gross income (as
determined under section 142(d)(2)(B)).
``(D) Financial benefit.--For purposes of subparagraphs (B)
and (C), electricity acquired at a below-market rate shall
not fail to be taken into account as a financial benefit.
``(3) Eligible property.--For purposes of this section, the
term `eligible property' means a qualified investment with
respect to any qualified facility which is described in
subsection (b).
``(4) Allocations.--
``(A) In general.--Not later than January 1, 2027, the
Secretary shall establish a program to allocate amounts of
environmental justice capacity limitation to qualified
facilities.
``(B) Limitation.--The amount of environmental justice
capacity limitation allocated by the Secretary under
subparagraph (A) during any calendar year shall not exceed
the annual capacity limitation with respect to such year.
``(C) Annual capacity limitation.--For purposes of this
paragraph, the term `annual capacity limitation' means 1.8
gigawatts of direct current capacity for each of calendar
years 2027 through 2031, and zero thereafter.
``(D) Carryover of unused limitation.--
``(i) In general.--If the annual capacity limitation for
any calendar year exceeds the aggregate amount allocated for
such year under this paragraph, such limitation for the
succeeding calendar year shall be increased by the amount of
such excess. No amount may be carried under the preceding
sentence to any calendar year after 2033.
``(ii) Carryover from section 48 for calendar year 2027.--
If the annual capacity limitation for calendar year 2026
under section 48(e)(4)(D) exceeds the aggregate amount
allocated for such year under section 48(e)(4)(D), such
excess amount may be carried over and applied to the annual
capacity limitation under this subsection for calendar year
2027. Such limitation shall be increased by the amount of
such excess.
``(E) Placed in service deadline.--
``(i) In general.--Paragraph (1) shall not apply with
respect to any property which is placed in service after the
date that is 4 years after the date of the allocation with
respect to the facility of which such property is a part.
``(ii) Application of carryover.--Any amount of
environmental justice capacity limitation which expires under
clause (i) during any calendar year shall be taken into
account as an excess described in subparagraph (D) (or as an
increase in such excess) for such calendar year, subject to
the limitation imposed by the last sentence of such
subparagraph.
``(F) Selection criteria.--In determining to which
qualified facilities to allocate environmental justice
capacity limitation under this paragraph, the Secretary shall
take into consideration which facilities will result in--
``(i) the greatest health and economic benefits, including
the ability to withstand extreme weather events, for
individuals described in section 45D(e)(2),
``(ii) the greatest employment and wages for such
individuals, and
``(iii) the greatest engagement with, outreach to, or
ownership by, such individuals, including through
partnerships with local governments, community-based
organizations, an Indian tribal government (as defined in
section 48(e)(4)(F)(ii)), or any Alaska Native Corporation
(as defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(m)).
``(G) Disclosure of allocations.--The Secretary shall, upon
making an allocation of environmental justice capacity
limitation under this paragraph, publicly disclose the
identity of the applicant, the amount of the environmental
justice capacity limitation allocated to such applicant, and
the location of the facility for which such allocation is
made.
``(5) Recapture.--The Secretary shall, by regulations or
other guidance, provide for recapturing the benefit of any
increase in the credit allowed under subsection (a) by reason
of this subsection with respect to any property which ceases
to be property eligible for such increase (but which does not
cease to be investment credit property within the meaning of
section 50(a)). The period and percentage of such recapture
shall be determined under rules similar to the rules of
section 50(a). To the extent provided by the Secretary, such
recapture may not apply with respect to any property if,
within 12 months after the date the taxpayer becomes aware
(or reasonably should have become aware) of such property
ceasing to be property eligible for such increase, the
eligibility of such
[[Page H6529]]
property for such increase is restored. The preceding
sentence shall not apply more than once with respect to any
facility.''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2027.
SEC. 136804. COST RECOVERY FOR QUALIFIED FACILITIES,
QUALIFIED PROPERTY, AND GRID IMPROVEMENT
PROPERTY.
(a) In General.--Section 168(e)(3)(B) is amended--
(1) in clause (vi)(III), by striking ``and'' at the end,
(2) in clause (vii), by striking the period at the end and
inserting ``, and'', and
(3) by inserting after clause (vii) the following:
``(viii) any qualified facility (as defined in section
45BB(b)(1)(A)), any qualified property (as defined in
subsection (b)(2) of section 48F) which is a qualified
investment (as defined in subsection (b)(1) of such section),
or any grid improvement property (as defined in subsection
(c)(1)(B) of such section).''.
(b) Effective Date.--The amendments made by this section
shall apply to facilities and property placed in service
after December 31, 2026.
SEC. 136805. CLEAN FUEL PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:
``SEC. 45CC. CLEAN FUEL PRODUCTION CREDIT.
``(a) Amount of Credit.--
``(1) In general.--For purposes of section 38, the clean
fuel production credit for any taxable year is an amount
equal to the product of--
``(A) the applicable amount per gallon (or gallon
equivalent) with respect to any transportation fuel which
is--
``(i) produced by the taxpayer at a qualified facility, and
``(ii) sold by the taxpayer in a manner described in
paragraph (4) during the taxable year, and
``(B) the emissions factor for such fuel (as determined
under subsection (b)).
``(2) Applicable amount.--
``(A) Base amount.--In the case of any transportation fuel
produced at a qualified facility which does not satisfy the
requirements described in subparagraph (B), the applicable
amount shall be 20 cents.
``(B) Alternative amount.--In the case of any
transportation fuel produced at a qualified facility which
satisfies the requirements under paragraphs (6) and (7) of
subsection (g), the applicable amount shall be $1.00.
``(3) Special rate for sustainable aviation fuel.--
``(A) In general.--In the case of a transportation fuel
which is sustainable aviation fuel, paragraph (2) shall be
applied--
``(i) in the case of a transportation fuel produced at a
qualified facility described in paragraph (2)(A), by
substituting `35 cents' for `20 cents', and
``(ii) in the case of a transportation fuel produced at a
qualified facility described in paragraph (2)(B), by
substituting `$1.75' for `$1.00'.
``(B) Sustainable aviation fuel.--For purposes of this
subparagraph (A), the term `sustainable aviation fuel' means
liquid fuel which is sold for use in an aircraft and which--
``(i) meets the requirements of--
``(I) ASTM International Standard D7566, or
``(II) the Fischer Tropsch provisions of ASTM International
Standard D1655, Annex A1, and
``(ii) is not derived from palm fatty acid distillates or
petroleum.
``(4) Sale.--For purposes of paragraph (1), the
transportation fuel is sold in a manner described in this
paragraph if such fuel is sold by the taxpayer to an
unrelated person--
``(A) for use by such person in the production of a fuel
mixture,
``(B) for use by such person in a trade or business, or
``(C) who sells such fuel at retail to another person and
places such fuel in the fuel tank of such other person.
``(5) Rounding.--If any amount determined under paragraph
(1) is not a multiple of 0.1 cent, such amount shall be
rounded to the nearest multiple of 0.1 cent.
``(b) Emissions Factors.--
``(1) Emissions factor.--
``(A) Calculation.--
``(i) In general.--The emissions factor of a transportation
fuel shall be an amount equal to the quotient of--
``(I) an amount equal to--
``(aa) 50 kilograms of CO2e per mmBTU, minus
``(bb) the emissions rate for such fuel, divided by
``(II) 50 kilograms of CO2e per mmBTU.
``(B) Establishment of emissions rate.--
``(i) In general.--Subject to clauses (ii) and (iii), the
Secretary shall annually publish a table which sets forth the
emissions rate for similar types and categories of
transportation fuels based on the amount of lifecycle
greenhouse gas emissions (as described in section
211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)),
as in effect on the date of the enactment of this section)
for such fuels, expressed as kilograms of CO2e per
mmBTU, which a taxpayer shall use for purposes of this
section.
``(ii) Non-aviation fuel.--In the case of any
transportation fuel which is not a sustainable aviation fuel,
the lifecycle greenhouse gas emissions of such fuel shall be
based on the most recent determinations under the Greenhouse
gases, Regulated Emissions, and Energy use in Transportation
model developed by Argonne National Laboratory, or a
successor model (as determined by the Secretary).
``(iii) Aviation fuel.--In the case of any transportation
fuel which is a sustainable aviation fuel, the lifecycle
greenhouse gas emissions of such fuel shall be determined in
accordance with--
``(I) the most recent Carbon Offsetting and Reduction
Scheme for International Aviation which has been adopted by
the International Civil Aviation Organization with the
agreement of the United States, or
``(II) any similar methodology which satisfies the criteria
under section 211(o)(1)(H) of the Clean Air Act (42 U.S.C.
7545(o)(1)(H)).
``(C) Rounding of emissions rate.--The Secretary may round
the emissions rates under subparagraph (B) to the nearest
multiple of 5 kilograms of CO2e per mmBTU, except
that, in the case of an emissions rate that is less than 2.5
kilograms of CO2e per mmBTU, the Secretary may
round such rate to zero.
``(D) Provisional emissions rate.--In the case of any
transportation fuel for which an emissions rate has not been
established under subparagraph (B), a taxpayer producing such
fuel may file a petition with the Secretary for determination
of the emissions rate with respect to such fuel.
``(2) Rounding.--If any amount determined under paragraph
(1)(A) is not a multiple of 0.1, such amount shall be rounded
to the nearest multiple of 0.1.
``(c) Inflation Adjustment.--
``(1) In general.--In the case of calendar years beginning
after 2026, the 20 cent amount in subsection (a)(2)(A), the
$1.00 amount in subsection (a)(2)(B), the 35 cent amount in
subsection (a)(3)(A)(i), and the $1.75 amount in subsection
(a)(3)(A)(ii) shall each be adjusted by multiplying such
amount by the inflation adjustment factor for the calendar
year in which the sale of the transportation fuel occurs. If
any amount as increased under the preceding sentence is not a
multiple of 1 cent, such amount shall be rounded to the
nearest multiple of 1 cent.
``(2) Inflation adjustment factor.--For purposes of
paragraph (1), the inflation adjustment factor shall be the
inflation adjustment factor determined and published by the
Secretary pursuant to section 45BB(c), determined by
substituting `calendar year 2021' for `calendar year 1992' in
paragraph (3) thereof.
``(d) Credit Phase-Out.--
``(1) In general.--The amount of the clean fuel production
credit under subsection (a) for any transportation fuel sold
during a taxable year described in paragraph (2) shall be
equal to the product of--
``(A) the amount of the credit determined under subsection
(a) without regard to this subsection, multiplied by
``(B) the phase-out percentage under paragraph (2).
``(2) Phase-out percentage.--The phase-out percentage under
this paragraph is equal to--
``(A) for any taxable year beginning in the first calendar
year following the applicable year, 100 percent,
``(B) for any taxable year beginning in the second calendar
year following the applicable year, 75 percent,
``(C) for any taxable year beginning in the third calendar
year following the applicable year, 50 percent, and
``(D) for any taxable year beginning in any calendar year
subsequent to the calendar year described in subparagraph
(C), 0 percent.
``(3) Applicable year.--For purposes of this subsection,
the term `applicable year' means the later of--
``(A) the calendar year in which the Secretary determines
that the greenhouse gas emissions from the transportation of
persons and goods annually in the United States are equal to
or less than 25 percent of the greenhouse gas emissions from
the transportation of persons and goods in the United States
during calendar year 2021, or
``(B) 2031.
``(e) Definitions.--In this section:
``(1) mmBTU.--The term `mmBTU' means 1,000,000 British
thermal units.
``(2) CO2e.--The term `CO2e' means,
with respect to any greenhouse gas, the equivalent carbon
dioxide (as determined based on relative global warming
potential).
``(3) Greenhouse gas.--The term `greenhouse gas' has the
same meaning given that term under section 211(o)(1)(G) of
the Clean Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect on
the date of the enactment of this section.
``(4) Qualified facility.--The term `qualified facility'--
``(A) means a facility used for the production of
transportation fuels, and
``(B) does not include any facility for which one of the
following credits is allowed under section 38 for the taxable
year:
``(i) The credit for production of clean hydrogen under
section 45X.
``(ii) The credit for clean hydrogen production facilities
under section 48(a)(16).
``(iii) The credit for carbon oxide sequestration under
section 45Q.
``(5) Transportation fuel.--The term `transportation fuel'
means a fuel which--
``(A) is suitable for use as a fuel in a highway vehicle or
aircraft,
``(B) has an emissions rate which is not greater than--
``(i) in the case of a fuel which is not a sustainable
aviation fuel--
``(I) for any such fuel sold during calendar years 2027
through 2030, 50 kilograms of CO2e per mmBTU, and
``(II) for any such fuel sold during any calendar year
beginning after December 31, 2030, 25 kilograms of
CO2e per mmBTU, or
``(ii) in the case of a fuel which is a sustainable
aviation fuel--
``(I) for any such fuel sold during any period before
January 1, 2031, 35 kilograms of CO2e per mmBTU,
and
``(II) for any such fuel sold during any period after
December 31, 2030, 25 kilograms of CO2e per mmBTU,
``(C) is not hydrogen fuel, and
[[Page H6530]]
``(D) in the case of fuel which is not aviation fuel, is
not derived from coprocessing biomass with a feedstock which
is not biomass. For purposes of this paragraph, the term
`biomass' has the meaning given such term in section
45K(c)(3).
``(f) Guidance.--Not later than January 1, 2027, the
Secretary shall issue guidance regarding implementation of
this section, including calculation of emissions factors for
transportation fuel, the table described in subsection
(b)(1)(B)(i), and the determination of clean fuel production
credits under this section.
``(g) Special Rules.--
``(1) Only registered production in the united states taken
into account.--
``(A) In general.--No clean fuel production credit shall be
determined under subsection (a) with respect to any
transportation fuel unless--
``(i) the taxpayer is registered as a producer of clean
fuel under section 4101 at the time of production, and
``(ii) such fuel is produced in the United States.
``(B) United states.--For purposes of this paragraph, the
term `United States' includes any possession of the United
States.
``(2) Production attributable to the taxpayer.--In the case
of a facility in which more than 1 person has an ownership
interest, except to the extent provided in regulations
prescribed by the Secretary, production from the facility
shall be allocated among such persons in proportion to their
respective ownership interests in the gross sales from such
facility.
``(3) Related persons.--Persons shall be treated as related
to each other if such persons would be treated as a single
employer under the regulations prescribed under section
52(b). In the case of a corporation which is a member of an
affiliated group of corporations filing a consolidated
return, such corporation shall be treated as selling fuel to
an unrelated person if such fuel is sold to such a person by
another member of such group.
``(4) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(5) Allocation of credit to patrons of agricultural
cooperative.--
``(A) Election to allocate.--
``(i) In general.--In the case of an eligible cooperative
organization, any portion of the credit determined under
subsection (a) for the taxable year may, at the election of
the organization, be apportioned among patrons of the
organization on the basis of the amount of business done by
the patrons during the taxable year.
``(ii) Form and effect of election.--An election under
clause (i) for any taxable year shall be made on a timely
filed return for such year. Such election, once made, shall
be irrevocable for such taxable year. Such election shall not
take effect unless the organization designates the
apportionment as such in a written notice mailed to its
patrons during the payment period described in section
1382(d).
``(B) Treatment of organizations and patrons.--The amount
of the credit apportioned to any patrons under subparagraph
(A)--
``(i) shall not be included in the amount determined under
subsection (a) with respect to the organization for the
taxable year, and
``(ii) shall be included in the amount determined under
subsection (a) for the first taxable year of each patron
ending on or after the last day of the payment period (as
defined in section 1382(d)) for the taxable year of the
organization or, if earlier, for the taxable year of each
patron ending on or after the date on which the patron
receives notice from the cooperative of the apportionment.
``(C) Special rules for decrease in credits for taxable
year.--If the amount of the credit of a cooperative
organization determined under subsection (a) for a taxable
year is less than the amount of such credit shown on the
return of the cooperative organization for such year, an
amount equal to the excess of--
``(i) such reduction, over
``(ii) the amount not apportioned to such patrons under
subparagraph (A) for the taxable year,
shall be treated as an increase in tax imposed by this
chapter on the organization. Such increase shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter.
``(D) Eligible cooperative defined.--For purposes of this
section the term `eligible cooperative' means a cooperative
organization described in section 1381(a) which is owned more
than 50 percent by agricultural producers or by entities
owned by agricultural producers. For this purpose an entity
owned by an agricultural producer is one that is more than 50
percent owned by agricultural producers.
``(6) Prevailing wage requirements.--
``(A) In general.--Subject to subparagraph (B), rules
similar to the rules of section 45(b)(7)(A) and clauses (i)
through (iv) of section 45(b)(7)(B) shall apply.
``(B) Special rule for facilities placed in service before
january 1, 2027.--In the case of any qualified facility
placed in service before January 1, 2027--
``(i) the rules of clause (i) of section 45(b)(7)(A) shall
not apply, and
``(ii) clause (ii) of such section shall be applied by
substituting `for any period of the taxable year beginning
after December 31, 2026 for which the credit is claimed under
this section with respect to production of transportation
fuel, the alteration or repair of such facility' for `for the
period of the taxable year which is within the 10-year period
beginning on the date the facility was originally placed in
service, the alteration or repair of such facility'.
``(7) Apprenticeship requirements.--Rules similar to the
rules of section 45(b)(8) shall apply.''.
(b) Elective Payment of Credit.--Section 6417(b), as
amended by preceding provisions of this Act, is amended by
adding at the end the following new paragraph:
``(14) The clean fuel production credit determined under
section 45CC(a).''.
(c) Conforming Amendments.--
(1) Section 38(b), as amended by section 101, is amended--
(A) in paragraph (39), by striking ``plus'' at the end,
(B) in paragraph (40), by striking the period at the end
and inserting ``, plus'', and
(C) by adding at the end the following new paragraph:
``(41) the clean fuel production credit determined under
section 45CC(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by section 101, is
amended by adding at the end the following new item:
``Sec. 45CC. Clean fuel production credit.''.
(3) Section 4101(a)(1) is amended by inserting ``every
person producing a fuel eligible for the clean fuel
production credit (pursuant to section 45CC),'' after
``section 6426(b)(4)(A)),''.
(d) Effective Date.--The amendments made by this section
shall apply to transportation fuel produced after December
31, 2026.
PART 9--APPROPRIATIONS
SEC. 136901. APPROPRIATIONS.
Immediately upon the enactment of this Act, in addition to
amounts otherwise available, there are appropriated for
fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $4,073,433,000 to remain available
until September 30, 2031, for necessary expenses for the
Internal Revenue Service to carry out this subtitle (and the
amendments made by this subtitle), which shall supplement and
not supplant any other appropriations that may be available
for this purpose.
Subtitle G--Social Safety Net
SEC. 137001. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
subtitle an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
PART 1--CHILD TAX CREDIT
SEC. 137101. MODIFICATIONS APPLICABLE BEGINNING IN 2021.
(a) Safe Harbor Exception for Fraud and Intentional
Disregard of Rules and Regulations.--Section 24(j)(2)(B) is
amended--
(1) by striking ``qualified'' each place it appears in
clause (iv)(II) and inserting ``qualifying'', and
(2) by adding at the end the following new clause:
``(v) Exception for fraud and intentional disregard of
rules and regulations.--
``(I) In general.--For purposes of determining the safe
harbor amount under clause (iv) with respect to any taxpayer,
an individual shall not be treated as taken into account in
determining the annual advance amount of such taxpayer if the
Secretary determines that such individual was so taken into
account due to fraud by the taxpayer or intentional disregard
of rules and regulations by the taxpayer.
``(II) Arrangements to take individual into account more
than once.--For purposes of subclause (I), a taxpayer shall
not fail to be treated as intentionally disregarding rules
and regulations with respect to any individual taken into
account in determining the annual advance amount of such
taxpayer if such taxpayer entered into a plan or other
arrangement with, or expected, another taxpayer to take such
individual into account in determining the credit allowed
under this section for the taxable year.''.
(b) Rules Relating to Reconciliation of Credit and Advance
Credit.--Section 24(j) is amended by adding at the end the
following new paragraphs:
``(3) Joint returns.--Except as otherwise provided by the
Secretary, in the case of an advance payment made under
section 7527A with respect to a joint return, half of such
payment shall be treated as having been made to each
individual filing such return.
``(4) Coordination with possessions of the united states.--
For purposes of this subsection, payments made under section
7527A include payments made by any jurisdiction other than
the United States under section 7527A of the income tax law
of such jurisdiction, and advance payments made by American
Samoa pursuant to a plan described in subsection (k)(3)(B).
In carrying out this section, the Secretary shall coordinate
with each possession of the United States to prevent any
application of this paragraph that is inconsistent with the
purposes of this subsection.''.
(c) Annual Advance Amount.--Section 7527A(b) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``or based on any
other information known to the Secretary'' after ``reference
taxable year'',
(B) in subparagraph (C), by inserting ``unless determined
by the Secretary based on any information known to the
Secretary,'' before ``the only children'', and
(C) in subparagraph (D), by inserting ``unless determined
by the Secretary based on any information known to the
Secretary,'' before ``the ages of'', and
(2) in paragraph (3)(A)(ii), by striking `` provided by the
taxpayer'' and inserting ``provided, or known,''.
(d) Disclosure of Information Relating to Joint Filers and
Advance Payment of Child Tax Credit.--Section 6103(e) is
amended by adding at the end the following new paragraph:
``(12) Disclosure of information relating to joint filers
and advance payment of
[[Page H6531]]
child tax credit.--In the case of an individual to whom the
Secretary makes payments under section 7527A, if the
reference taxable year (as defined in section 7527A(b)(2))
that the Secretary uses to calculate such payments is a year
for which the individual filed an income tax return jointly
with another individual, the Secretary may disclose to such
individual any return information of such other individual
which is relevant in determining the payment under section
7527A and the individual's eligibility for such payment,
including information regarding any of the following:
``(A) The number of specified children, including by reason
of the birth of a child.
``(B) The name and TIN of specified children.
``(C) Marital status.
``(D) Modified adjusted gross income.
``(E) Principal place of abode.
``(F) Any other factor which the Secretary may provide
pursuant to section 7527A(c).''.
(e) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to taxable years beginning, and payments made, after December
31, 2020.
(2) Disclosure of information relating to joint filers and
advance payment of child tax credit.--The amendment made by
subsection (d) shall take effect on the date of the enactment
of this Act.
SEC. 137102. EXTENSIONS AND MODIFICATIONS APPLICABLE
BEGINNING IN 2022.
(a) Extensions.--
(1) Extension of child tax credit.--Section 24(i) is
amended--
(A) by striking ``January 1, 2022'' in the matter preceding
paragraph (1) and inserting ``January 1, 2023'', and
(B) by inserting ``and 2022'' after ``2021'' in the heading
thereof.
(2) Extension of provisions related to possessions of the
united states.--
(A) Section 24(k)(2)(B) is amended--
(i) by striking ``December 31, 2021'' in the matter
preceding clause (i) and inserting ``December 31, 2022'', and
(ii) by striking ``After 2021'' in the heading thereof and
inserting ``After 2022''.
(B) Section 24(k)(3)(C)(ii) is amended--
(i) in subclause (I), by inserting ``or 2022'' after
``2021'', and
(ii) in subclause (II), by striking ``December 31, 2021''
and inserting ``December 31, 2022''.
(C) The heading of section 24(k)(2)(A) is amended by
inserting ``and 2022'' after ``2021''.
(b) Extension and Modification of Advance Payment.--
(1) In general.--Section 7527A is amended--
(A) in subsection (b)(1), by striking ``50 percent of'',
(B) in clauses (i) and (ii) of subsection (e)(4)(C), by
inserting ``or 2022'' after ``in 2021'', and
(C) in subsection (f), by striking ``December 31, 2021''
and inserting ``December 31, 2022''.
(2) Monthly payments.--
(A) In general.--Section 7527A(a) is amended to read as
follows:
``(a) In General.--The Secretary shall establish a program
for making monthly payments to taxpayers in amounts equal to
1/12 of the annual advance amount with respect to such
taxpayer.''.
(B) Modifications during calendar year.--Section
7527A(b)(3), as amended by the preceding provisions of this
Act, is amended--
(i) by amending subparagraph (A)(ii) to read as follows:
``(ii) any other information provided, or known, to the
Secretary which allows the Secretary to more accurately
estimate the amount treated as allowed under subpart C of
part IV of subchapter A of chapter 1 by reason of section
24(i)(1) with respect to the taxpayer for the reference
taxable year.'', and
(ii) in subparagraph (B), by striking ``periodic payment''
both places it appears and inserting ``monthly payment''.
(C) Conforming amendment.--Section 7527A(c)(2) is amended
by striking ``subsection (b)(3)(B)'' and inserting
``subsection (b)(3)''.
(3) Eligibility for advance payments limited based on
modified adjusted gross income.--Section 7527A(b) is amended
by adding at the end the following new paragraph:
``(6) Limitation based on modified adjusted gross income.--
``(A) In general.--If the modified adjusted gross income of
the taxpayer for the reference taxable year exceeds the
applicable threshold amount with respect to such taxpayer (as
defined in section 24(i)(4)(B)), the annual advance amount
with respect to such taxpayer shall be zero.
``(B) Exception for modifications made during the calendar
year.--Subparagraph (A) shall not apply to a reference
taxable year taken into account by reason of paragraph
(3)(A)(i) or subsection (c) if the taxpayer received one or
more payments under subsection (a) for months in the calendar
year which precede the month for which such reference taxable
year will be taken into account.''.
(4) Advance payments to puerto rico residents for 2022.--
Section 7527A(e)(4) is amended--
(A) in subparagraph (A), by striking ``The advance'' and
inserting ``Except as provided in subparagraph (D), the
advance'', and
(B) by adding at the end the following new subparagraph:
``(D) Advance payments to puerto rico residents for 2022.--
For the period beginning on July 1, 2022, and ending on
December 31, 2022, the Secretary may apply this section
without regard to subparagraph (A)(i).''.
(c) Election to Apply Income Phaseout on Basis of Income
From the Preceding Taxable Year.--Section 24(i) is amended by
adding at the end the following new paragraph:
``(5) Election to apply income phaseout on basis of income
from the preceding taxable year.--In the case of a taxpayer
who elects (at such time and in such manner as the Secretary
may provide) the application of this paragraph for any
taxable year, paragraph (4) and subsection (b)(1) shall both
be applied with respect to the modified adjusted gross income
(as defined in subsection (b)) for the taxpayer's preceding
taxable year.''.
(d) Modification of Recapture Safe Harbor for 2022.--
Section 24(j)(2)(B)(iv), as amended by the preceding
provisions of this Act, is amended to read as follows:
``(iv) Safe harbor amount.--For purposes of this
subparagraph, the term `safe harbor amount' means, with
respect to any taxpayer for any taxable year, the sum of--
``(I) an amount equal to the product of $3,600 multiplied
by the excess (if any) of the number of qualifying children
who have not attained age 6 as of the close of the calendar
year in which the taxable year of the taxpayer begins, and
who are taken into account in determining the annual advance
amount with respect to the taxpayer under section 7527A with
respect to months beginning in such taxable year, over the
number of such qualifying children taken into account in
determining the credit allowed under this section for such
taxable year, plus
``(II) an amount equal to the product of $3,000 multiplied
by the excess (if any) of the number of qualifying children
not described in clause (I), and who are taken into account
in determining the annual advance amount with respect to the
taxpayer under section 7527A with respect to months beginning
in such taxable year, over the number of such qualifying
children taken into account in determining the credit allowed
under this section for such taxable year.''.
(e) Repeal of Social Security Number Requirement.--
(1) In general.--Section 24(h) is amended by striking
paragraph (7).
(2) Conforming amendments.--
(A) Section 24(h)(1) is amended by striking ``paragraphs
(2) through (7)'' and inserting ``paragraphs (2) through
(6)''.
(B) Section 24(h)(4) is amended by striking subparagraph
(C).
(f) Effective Date.--The amendments made by this section
shall apply to taxable years beginning, and payments made,
after December 31, 2021.
SEC. 137103. REFUNDABLE CHILD TAX CREDIT AFTER 2022.
(a) In General.--Section 24 is amended by adding at the end
the following new subsection:
``(l) Refundable Credit After 2022.--In the case of any
taxable year beginning after December 31, 2022, if the
taxpayer (in the case of a joint return, either spouse) has a
principal place of abode in the United States (determined as
provided in section 32) for more than one-half of the taxable
year or is a bona fide resident of Puerto Rico (within the
meaning of section 937(a)) for such taxable year--
``(1) subsection (d) shall not apply, and
``(2) so much of the credit determined under subsection (a)
(after application of paragraph (1)) as does not exceed the
amount of such credit which would be so determined without
regard to subsection (h)(4) shall be allowed under subpart C
(and not allowed under this subpart)''.
(b) Conforming Amendments Related to Possessions of the
United States.--
(1) Puerto rico.--Section 24(k)(2)(B), as amended by the
preceding provisions of this Act, is amended to read as
follows:
``(B) Application to taxable years after 2022.--For
application of refundable credit to residents of Puerto Rico
for taxable years after 2022, see subsection (l).''.
(2) American samoa.--Section 24(k)(3)(C)(ii)(II), as
amended by the preceding provisions of this Act, is amended
to read as follows:
``(II) if such taxable year begins after December 31, 2022,
subsection (l) shall be applied by substituting `Puerto Rico
or American Samoa' for `Puerto Rico'.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 137104. APPROPRIATIONS.
Immediately upon the enactment of this Act, in addition to
amounts otherwise available, there are appropriated out of
any money in the Treasury not otherwise appropriated:
(1) $3,963,300,000 to remain available until September 30,
2026, for necessary expenses for the Internal Revenue Service
to administer the Child Tax Credit, and advance payments of
the Child Tax Credit, including the costs of disbursing such
payments, which shall supplement and not supplant any other
appropriations that may be available for this purpose, and
(2) $1,000,000,000 is appropriated to the Department of the
Treasury, to remain available until September 30, 2026, to
support efforts to increase enrollment of eligible families
in the Child Tax Credit, for advance payments of the Child
Tax Credit, and for other tax benefits, including but not
limited to program outreach, costs of data sharing
arrangements, systems changes, forms changes, and related
efforts, and efforts to support the cross-enrollment of
beneficiaries of other programs in the Child Tax Credit, and
for advance payments of the Child Tax Credit, including by
establishing intergovernmental cooperative agreements with
states and local governments, the District of Columbia,
tribal governments, and possessions of the United States:
Provided, that such amount shall be available in addition to
any amounts otherwise available: Provided further, that these
funds may be awarded by federal agencies to state and local
governments, the District of Columbia, tribal governments,
and possessions of the United States, and private entities,
including organizations dedicated to free tax return
preparation and low income taxpayer clinics funded under
[[Page H6532]]
section 7526 of the Internal Revenue Code of 1986.
PART 2--EARNED INCOME TAX CREDIT
SEC. 137201. CERTAIN IMPROVEMENTS TO THE EARNED INCOME TAX
CREDIT EXTENDED THROUGH 2022.
(a) In General.--Section 32(n) is amended by striking
``January 1, 2022'' and inserting ``January 1, 2023''.
(b) Inflation Adjustment.--Section 32(n)(4)(B) is amended
to read as follows:
``(B) Inflation adjustment.--In the case of any taxable
year beginning after 2021, the $9,820 and $11,610 dollar
amounts in subparagraph (A) shall be increased by an amount
equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2020'
for `calendar year 2016' in subparagraph (A)(ii) thereof.''.
(c) Election to Determine Earned Income Based on Prior
Taxable Year.--Section 32, as amended by subsection (f), is
amended by adding at the end the following new subsection:
``(o) Election to Determine Earned Income Based on Prior
Taxable Year.--
``(1) In general.--In the case of a taxpayer whose earned
income for any taxable year beginning after December 31,
2021, and before January 1, 2023, is less than the earned
income of such taxpayer for the preceding taxable year, if
such taxpayer elects (at such time and in such manner as the
Secretary may provide) the application of this subsection for
such taxable year, the earned income of such taxpayer for
such taxable year shall be treated for purposes of this
section as being equal to the earned income of such taxpayer
for such preceding taxable year.
``(2) Joint returns.--For purposes of this subsection, in
the case of a joint return, the earned income of the taxpayer
for the preceding taxable year shall be the sum of the earned
income of each spouse for the preceding taxable year.
``(3) Treatment as mathematical or clerical error.--In the
case of a taxpayer described in paragraph (1) who makes the
election described in such paragraph, the use on the return
for purposes of this section of an amount of earned income
for the preceding taxable year which differs from the amount
of such earned income as shown in the electronic files of the
Internal Revenue Service shall be treated as a mathematical
or clerical error for purposes of section 6213.
``(4) Treatment of references.--Any provision of this title
which defines or determines earned income by reference to
this section shall be applied without regard to this
subsection unless such provision specifically provides
otherwise.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 137202. FUNDS FOR ADMINISTRATION OF EARNED INCOME TAX
CREDITS IN THE TERRITORIES.
(a) Puerto Rico.--Section 7530(a)(1) is amended by striking
``plus'' at the end of subparagraph (A), by striking the
period at the end of subparagraph (B) and inserting ``,
plus'', and by adding at the end the following new
subparagraph:
``(C) reasonable administrative costs associated with the
provision of the earned income tax credit not in excess of
$4,000,000.''.
(b) Possessions With Mirror Code Tax Systems.--Section
7530(b)(1) is amended by striking ``plus'' at the end of
subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, plus'', and by adding at
the end the following new subparagraph:
``(C) reasonable administrative costs associated with the
provision of the earned income tax credit not in excess of
$200,000.''.
(c) American Samoa.--Section 7530(c)(1) is amended by
striking ``plus'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``,
plus'', and by adding at the end the following new
subparagraph:
``(C) reasonable administrative costs associated with the
provision of the earned income tax credit not in excess of
$200,000.''.
(d) Effective Date.--The amendments made by this section
shall apply to payments made for calendar years beginning
after December 31, 2021.
PART 3--EXPANDING ACCESS TO HEALTH COVERAGE AND LOWERING COSTS
SEC. 137301. IMPROVE AFFORDABILITY AND REDUCE PREMIUM COSTS
OF HEALTH INSURANCE FOR CONSUMERS.
(a) In General.--Section 36B(b)(3)(A)(iii) is amended--
(1) by striking all that precedes the table contained
therein and inserting the following:
``(iii) Determining percentages for 2021 through 2026.--
``(I) In general.--In the case of a taxable year beginning
after December 31, 2020, and before January 1, 2026, the
following table shall be applied in lieu of the table
contained in clause (i):'', and
(2) by adding at the end the following new subclause:
``(II) Indexing.--In the case of a taxable year beginning
after December 31, 2020, and before January 1, 2027, clause
(ii) shall not apply for purposes of adjusting premium
percentages under this subparagraph.''.
(b) Extension Through 2025 of Rule to Allow Credit to
Taxpayers Whose Household Income Exceeds 400 Percent of the
Poverty Line.--Section 36B(c)(1)(E) is amended--
(1) by striking ``in 2021 or 2022'' and inserting ``after
December 31, 2020, and before January 1, 2026'', and
(2) by striking ``and 2022'' in the heading thereof and
inserting ``through 2025''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 137302. MODIFICATION OF EMPLOYER-SPONSORED COVERAGE
AFFORDABILITY TEST IN HEALTH INSURANCE PREMIUM
TAX CREDIT.
(a) In General.--Section 36B(c)(2)(C)(i)(II) is amended by
inserting ``(8.5 percent in the case of any taxable year
beginning after December 31, 2021, and before January 1,
2026)'' after ``9.5 percent''.
(b) Qualified Small Employer Health Reimbursement
Arrangements.--Section 36B(c)(4)(C)(ii) is amended by
inserting ``(8.5 percent in the case of any taxable year
beginning after December 31, 2021, and before January 1,
2026)'' after ``9.5 percent''.
(c) Percentages Temporarily Determined Without Regard to
Adjustments.--
(1) Section 36B(c)(2)(C)(iv) is amended by adding at the
end the following: ``The preceding sentence shall not apply
in the case of any plan year beginning after December 31,
2021, and before January 1, 2027.''.
(2) Section 36B(c)(4)(F) is amended by adding at the end
the following: ``The preceding sentence shall not apply in
the case of any plan year beginning after December 31, 2021,
and before January 1, 2027.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 137303. TREATMENT OF LUMP-SUM SOCIAL SECURITY BENEFITS
IN DETERMINING HOUSEHOLD INCOME.
(a) In General.--Section 36B(d)(2) is amended by adding at
the end the following new subparagraph:
``(C) Exclusion of portion of lump-sum social security
benefits.--
``(i) In general.--The term `modified adjusted gross
income' shall not include so much of any lump-sum social
security benefit payment as is attributable to months ending
before the beginning of the taxable year.
``(ii) Lump-sum social security benefit payment.--For
purposes of this subparagraph, the term `lump-sum social
security benefit payment' means any payment of social
security benefits (as defined in section 86(d)(1)) which
constitutes more than 1 month of such benefits.
``(iii) Election to include excludable amount.--With
respect to any taxable year beginning after December 31,
2025, a taxpayer may elect (at such time and in such manner
as the Secretary may provide) to have this subparagraph not
apply for such taxable year.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 137304. TEMPORARY EXPANSION OF HEALTH INSURANCE PREMIUM
TAX CREDITS FOR CERTAIN LOW-INCOME POPULATIONS.
(a) In General.--Section 36B is amended by redesignating
subsection (h) as subsection (i) and by inserting after
subsection (g) the following new subsection:
``(h) Certain Temporary Rules Beginning in 2022.--With
respect to any taxable year beginning after December 31,
2021, and before January 1, 2026--
``(1) Eligibility for credit not limited based on income.--
Section 36B(c)(1)(A) shall be disregarded in determining
whether a taxpayer is an applicable taxpayer.
``(2) Credit allowed to certain low-income employees
offered employer-provided coverage.--Subclause (II) of
subsection (c)(2)(C)(i) shall not apply if the taxpayer's
household income does not exceed 138 percent of the poverty
line for a family of the size involved. Subclause (II) of
subsection (c)(2)(C)(i) shall also not apply to an individual
described in the last sentence of such subsection if the
taxpayer's household income does not exceed 138 percent of
the poverty line for a family of the size involved.
``(3) Credit allowed to certain low-income employees
offered qualified small employer health reimbursement
arrangements.--A qualified small employer health
reimbursement arrangement shall not be treated as
constituting affordable coverage for an employee (or any
spouse or dependent of such employee) for any months of a
taxable year if the employee's household income for such
taxable year does not exceed 138 percent of the poverty line
for a family of the size involved.
``(4) Limitations on recapture.--
``(A) In general.--In the case of a taxpayer whose
household income is less than 200 percent of the poverty line
for the size of the family involved for the taxable year, the
amount of the increase under subsection (f)(2)(A) shall in no
event exceed $300 (one-half of such amount in the case of a
taxpayer whose tax is determined under section 1(c) for the
taxable year).
``(B) Limitation on increase for certain non-filers.--In
the case of any taxpayer who would not be required to file a
return of tax for the taxable year but for any requirement to
reconcile advance credit payments under subsection (f), if an
Exchange established under title I of the Patient Protection
and Affordable Care Act has determined that--
``(i) such taxpayer is eligible for advance payments under
section 1412 of such Act for any portion of such taxable
year, and
``(ii) such taxpayer's household income for such taxable
year is projected to not exceed 138 percent of the poverty
line for a family of the size involved,
subsection (f)(2)(A) shall not apply to such taxpayer for
such taxable year and such taxpayer shall not be required to
file such return of tax.
``(C) Information provided by exchange.--The information
required to be provided by an Exchange to the Secretary and
to the taxpayer under subsection (f)(3) shall include such
information as is necessary to determine whether
[[Page H6533]]
such Exchange has made the determinations described in
clauses (i) and (ii) of subparagraph (B) with respect to such
taxpayer.''.
(b) Employer Shared Responsibility Provision Not Applicable
With Respect to Certain Low-income Taxpayers Receiving
Premium Assistance.--Section 4980H(c)(3) is amended to read
as follows:
``(3) Applicable premium tax credit and cost-sharing
reduction.--
``(A) In general.--The term `applicable premium tax credit
and cost-sharing reduction' means--
``(i) any premium tax credit allowed under section 36B,
``(ii) any cost-sharing reduction under section 1402 of the
Patient Protection and Affordable Care Act, and
``(iii) any advance payment of such credit or reduction
under section 1412 of such Act.
``(B) Exception with respect to certain low-income
taxpayers.--Such term shall not include any premium tax
credit, cost-sharing reduction, or advance payment otherwise
described in subparagraph (A) if such credit, reduction, or
payment is allowed or paid for a taxable year of an employee
(beginning after December 31, 2021, and before January 1,
2026) with respect to which--
``(i) an Exchange established under title I of the Patient
Protection and Affordable Care Act has determined that such
employee's household income for such taxable year is
projected to not exceed 138 percent of the poverty line for a
family of the size involved, or
``(ii) such employee's household income for such taxable
year does not exceed 138 percent of the poverty line for a
family of the size involved.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 137305. SPECIAL RULE FOR INDIVIDUALS RECEIVING
UNEMPLOYMENT COMPENSATION.
(a) Extension.--Section 36B(g)(1) is amended by striking
``during 2021,'' and inserting ``after December 31, 2020, and
before January 1, 2023,''.
(b) Modification of Income Not Taken Into Account.--Section
36B(g)(1)(B) is amended by striking ``133 percent'' and
inserting ``150 percent (133 percent in the case of any week
beginning during 2021)''.
(c) Conforming Amendment.--Section 36B(g) by inserting
``Through 2022'' after ``2021'' in the heading thereof.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 137306. PERMANENT CREDIT FOR HEALTH INSURANCE COSTS.
(a) In General.--Subparagraph (B) of section 35(b)(1) of
the Internal Revenue Code of 1986 is amended by striking ``,
and before January 1, 2022'' and inserting a period.
(b) Increase in Credit Percentage.--Subsection (a) of
section 35 of the Internal Revenue Code of 1986 is amended by
striking ``72.5 percent'' and inserting ``80 percent''.
(c) Conforming Amendments.--Subsections (b) and (e)(1) of
section 7527 of the Internal Revenue Code of 1986 are each
amended by striking ``72.5 percent'' and inserting ``80
percent''.
(d) Effective Date.--The amendments made by this section
shall apply to coverage months beginning after December 31,
2021.
SEC. 137307. EXCLUSION OF CERTAIN DEPENDENT INCOME FOR
PURPOSES OF PREMIUM TAX CREDIT.
(a) In General.--Paragraph (2) of section 36B(d) of the
Internal Revenue Code of 1986, as amended by this Act, is
further amended by adding at the end the following new
subparagraph:
``(D) Exception for certain dependent income.--
``(i) In general.--Solely for purposes of determining the
credit under this section and eligibility for cost sharing
reductions under section 1402 of the Patient Protection and
Affordable Care Act, and not for any other purpose (including
any determination of income for purposes of the programs
established under titles XIX and XXI of the Social Security
Act and section 1331 of the Patient Protection and Affordable
Care Act), there shall not be taken into account under
subparagraph (A)(ii) the modified adjusted gross income of
any dependent of the taxpayer who has not attained age 24 as
of the last day of the calendar year in which the taxable
year of the taxpayer begins.
``(ii) Limitation.--Clause (i) shall not apply to so much
of the aggregate of the modified adjusted gross income of all
dependents of the taxpayer who have not attained the age
described in such clause as exceeds $3,500.
``(iii) Election to have subparagraph not apply.--In the
case of any taxable year beginning after December 31, 2025, a
taxpayer may elect (at such time and in such manner as the
Secretary may provide) to have this subparagraph not apply
with respect to the income of any dependent of the taxpayer
for such taxable year.
``(iv) Adjustment for inflation.--In the case of any
taxable year beginning after December 31, 2023, the $3,500
amount in clause (ii) shall be increased by an amount equal
to--
``(I) such amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2022'
for `calendar year 2016' in subparagraph (A)(ii) thereof.
If any increase determined under the preceding sentence is
not a multiple of $100, such increase shall be rounded to the
next lowest multiple of $100.
``(v) Termination.--This subparagraph shall not apply to
taxable years beginning after December 31, 2026.''.
(b) Conforming Amendments.--
(1) Clause (ii) of section 36B(d)(2)(A) of the Internal
Revenue Code of 1986 is amended by inserting ``, except as
provided in subparagraph (D),'' after ``individuals''.
(2) Paragraph (3) of section 1411(b) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18081) is
amended by adding at the end the following new subparagraph:
``(D) Information regarding certain dependents.--In the
case of taxable years beginning before January 1, 2027,
information regarding whether section 36B(d)(2)(D) will apply
to any individuals taken into account as members of the
household of the enrollee, and the amount of income of each
such individual for the taxable year described in
subparagraph (A).''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 137308. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR
CERTAIN INSULIN PRODUCTS.
(a) In General.--Subchapter B of chapter 100 is amended by
adding at the end the following new section:
``SEC. 9826. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR
CERTAIN INSULIN PRODUCTS.
``(a) In General.--For plan years beginning on or after
January 1, 2023, a group health plan shall provide coverage
of selected insulin products, and with respect to such
products, shall not--
``(1) apply any deductible; or
``(2) impose any cost-sharing in excess of the lesser of,
per 30-day supply--
``(A) $35; or
``(B) the amount equal to 25 percent of the negotiated
price of the selected insulin product net of all price
concessions received by or on behalf of the plan, including
price concessions received by or on behalf of third-party
entities providing services to the plan, such as pharmacy
benefit management services.
``(b) Definitions.--In this section:
``(1) Selected insulin products.--The term `selected
insulin products' means at least one of each dosage form
(such as vial, pump, or inhaler dosage forms) of each
different type (such as rapid-acting, short-acting,
intermediate-acting, long-acting, ultra long-acting, and
premixed) of insulin (as defined below), when available, as
selected by the group health plan.
``(2) Insulin defined.--The term `insulin' means insulin
that is licensed under subsection (a) or (k) of section 351
of the Public Health Service Act (42 U.S.C. 262) and
continues to be marketed under such section, including any
insulin product that has been deemed to be licensed under
section 351(a) of such Act pursuant to section 7002(e)(4) of
the Biologics Price Competition and Innovation Act of 2009
(Public Law 111-148) and continues to be marketed pursuant to
such licensure.
``(c) Out-of-network Providers.--Nothing in this section
requires a plan that has a network of providers to provide
benefits for selected insulin products described in this
section that are delivered by an out-of-network provider, or
precludes a plan that has a network of providers from
imposing higher cost-sharing than the levels specified in
subsection (a) for selected insulin products described in
this section that are delivered by an out-of-network
provider.
``(d) Rule of Construction.--Subsection (a) shall not be
construed to require coverage of, or prevent a group health
plan from imposing cost-sharing other than the levels
specified in subsection (a) on, insulin products that are not
selected insulin products, to the extent that such coverage
is not otherwise required and such cost-sharing is otherwise
permitted under Federal and applicable State law.
``(e) Application of Cost-sharing Towards Deductibles and
Out-of-pocket Maximums.--Any cost-sharing payments made
pursuant to subsection (a)(2) shall be counted toward any
deductible or out-of-pocket maximum that applies under the
plan.''.
(b) Clerical Amendment.--The table of sections for
subchapter B of chapter 100 is amended by adding at the end
the following new item:
``Sec. 9826. Requirements with respect to cost-sharing for certain
insulin products.''.
SEC. 137309. OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES.
(a) In General.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986, as amended by the preceding
provisions of this Act, is further amended by adding at the
end the following:
``SEC. 9827. OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES.
``(a) In General.--For plan years beginning on or after
January 1, 2023, a group health plan or an entity or
subsidiary providing pharmacy benefits management services on
behalf of such a plan shall not enter into a contract with a
drug manufacturer, distributor, wholesaler, subcontractor,
rebate aggregator, or any associated third party that limits
the disclosure of information to plan sponsors in such a
manner that prevents the plan, or an entity or subsidiary
providing pharmacy benefits management services on behalf of
a plan, from making the reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after
January 1, 2023, not less frequently than once every 6
months, an entity providing pharmacy benefits management
services on behalf of a group health plan shall submit to the
plan sponsor (as defined in section 3(16)(B) of the Employee
Retirement Income Security Act of 1974) of such group health
plan a report in accordance with this subsection and make
such report available to the plan sponsor in a machine-
readable format. Each such report shall include, with respect
to the applicable group health plan--
[[Page H6534]]
``(A) as applicable, information collected from drug
manufacturers by such entity on the total amount of copayment
assistance dollars paid, or copayment cards applied, that
were funded by the drug manufacturer with respect to the
participants and beneficiaries in such plan;
``(B) a list of each drug covered by such plan or entity
providing pharmacy benefit management services that was
dispensed during the reporting period, including, with
respect to each such drug during the reporting period--
``(i) the brand name, chemical entity, and National Drug
Code;
``(ii) the number of participants and beneficiaries for
whom the drug was filled during the plan year, the total
number of prescription fills for the drug (including original
prescriptions and refills), and the total number of dosage
units of the drug dispensed across the plan year, including
whether the dispensing channel was by retail, mail order, or
specialty pharmacy;
``(iii) the wholesale acquisition cost, listed as cost per
days supply and cost per pill, or in the case of a drug in
another form, per dose;
``(iv) the total out-of-pocket spending by participants and
beneficiaries on such drug, including participant and
beneficiary spending through copayments, coinsurance, and
deductibles; and
``(v) for any drug for which gross spending of the group
health plan exceeded $10,000 during the reporting period--
``(I) a list of all other drugs in the same therapeutic
category or class, including brand name drugs and biological
products and generic drugs or biosimilar biological products
that are in the same therapeutic category or class as such
drug; and
``(II) the rationale for preferred formulary placement of
such drug in that therapeutic category or class;
``(C) a list of each therapeutic category or class of drugs
that were dispensed under the health plan during the
reporting period, and, with respect to each such therapeutic
category or class of drugs, during the reporting period--
``(i) total gross spending by the plan, before manufacturer
rebates, fees, or other manufacturer remuneration;
``(ii) the number of participants and beneficiaries who
filled a prescription for a drug in that category or class;
``(iii) if applicable to that category or class, a
description of the formulary tiers and utilization mechanisms
(such as prior authorization or step therapy) employed for
drugs in that category or class;
``(iv) the total out-of-pocket spending by participants and
beneficiaries, including participant and beneficiary spending
through copayments, coinsurance, and deductibles; and
``(v) for each therapeutic category or class under which 3
or more drugs are included on the formulary of such plan--
``(I) the amount received, or expected to be received, from
drug manufacturers in rebates, fees, alternative discounts,
or other remuneration--
``(aa) to be paid by drug manufacturers for claims incurred
during the reporting period; or
``(bb) that is related to utilization of drugs, in such
therapeutic category or class;
``(II) the total net spending, after deducting rebates,
price concessions, alternative discounts or other
remuneration from drug manufacturers, by the health plan on
that category or class of drugs; and
``(III) the net price per course of treatment or single
fill, such as a 30-day supply or 90-day supply, incurred by
the health plan and its participants and beneficiaries, after
manufacturer rebates, fees, and other remuneration for drugs
dispensed within such therapeutic category or class during
the reporting period;
``(D) total gross spending on prescription drugs by the
plan during the reporting period, before rebates and other
manufacturer fees or remuneration;
``(E) total amount received, or expected to be received, by
the health plan in drug manufacturer rebates, fees,
alternative discounts, and all other remuneration received
from the manufacturer or any third party, other than the plan
sponsor, related to utilization of drug or drug spending
under that health plan during the reporting period;
``(F) the total net spending on prescription drugs by the
health plan during the reporting period; and
``(G) amounts paid directly or indirectly in rebates, fees,
or any other type of remuneration to brokers, consultants,
advisors, or any other individual or firm who referred the
group health plan's business to the pharmacy benefit manager.
``(2) Privacy requirements.--Entities providing pharmacy
benefits management services on behalf of a group health plan
shall provide information under paragraph (1) in a manner
consistent with the privacy, security, and breach
notification regulations promulgated under section 264(c) of
the Health Insurance Portability and Accountability Act of
1996, and shall restrict the use and disclosure of such
information according to such privacy regulations.
``(3) Disclosure and redisclosure.--
``(A) Limitation to business associates.--A group health
plan receiving a report under paragraph (1) may disclose such
information only to business associates of such plan as
defined in section 160.103 of title 45, Code of Federal
Regulations (or successor regulations).
``(B) Clarification regarding public disclosure of
information.--Nothing in this section prevents an entity
providing pharmacy benefits management services on behalf of
a group health plan from placing reasonable restrictions on
the public disclosure of the information contained in a
report described in paragraph (1), except that such entity
may not restrict disclosure of such report to the Department
of Health and Human Services, the Department of Labor, or the
Department of the Treasury.
``(C) Limited form of report.--The Secretary shall define
through rulemaking a limited form of the report under
paragraph (1) required of plan sponsors who are drug
manufacturers, drug wholesalers, or other direct participants
in the drug supply chain, in order to prevent anti-
competitive behavior.
``(4) Report to gao.--An entity providing pharmacy benefits
management services on behalf of a group health plan shall
submit to the Comptroller General of the United States each
of the first 4 reports submitted to a plan sponsor under
paragraph (1) with respect to such plan, and other such
reports as requested, in accordance with the privacy
requirements under paragraph (2) and the disclosure and
redisclosure standards under paragraph (3), and such other
information that the Comptroller General determines necessary
to carry out the study under section 30606(b) of an Act to
provide for reconciliation pursuant to title II of S. Con.
Res. 14.
``(c) Enforcement.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Labor and the Secretary of Health and Human
Services, shall enforce this section.
``(2) Failure to provide timely information.--An entity
providing pharmacy benefit management services that violates
subsection (a) or fails to provide information required under
subsection (b), or a drug manufacturer that fails to provide
information under subsection (b)(1)(A) in a timely manner,
shall be subject to a civil monetary penalty in the amount of
$10,000 for each day during which such violation continues or
such information is not disclosed or reported.
``(3) False information.--An entity providing pharmacy
benefit management services, or drug manufacturer that
knowingly provides false information under this section shall
be subject to a civil money penalty in an amount not to
exceed $100,000 for each item of false information. Such
civil money penalty shall be in addition to other penalties
as may be prescribed by law.
``(4) Procedure.--The provisions of section 1128A of the
Social Security Act, other than subsection (a) and (b) and
the first sentence of subsection (c)(1) of such section shall
apply to civil monetary penalties under this subsection in
the same manner as such provisions apply to a penalty or
proceeding under section 1128A of the Social Security Act.
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance
with a requirement of this section, for an entity in
violation of this section that has made a good-faith effort
to comply with this section.
``(d) Rule of Construction.--Nothing in this section shall
be construed to permit a group health plan or other entity to
restrict disclosure to, or otherwise limit the access of, the
Department of the Treasury to a report described in
subsection (b)(1) or information related to compliance with
subsection (a) by such plan or entity.
``(e) Definition.--In this section, the term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act.''.
(b) Clerical Amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code of
1986, as amended by the preceding provisions of this Act, is
further amended by adding at the end the following new item:
``Sec. 9827. Oversight of pharmacy benefit manager services.''.
PART 4--PATHWAY TO PRACTICE TRAINING PROGRAMS
SEC. 137401. ADMINISTRATIVE FUNDING OF THE RURAL AND
UNDERSERVED PATHWAY TO PRACTICE TRAINING
PROGRAMS FOR POST-BACCALAUREATE STUDENTS,
MEDICAL STUDENTS, AND MEDICAL RESIDENTS.
In addition to amounts otherwise available, there is
appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$6,000,000 to remain available until September 30, 2031, in
addition to amounts otherwise available, to carry out the
administration of the Rural and Underserved Pathway to
Practice Training Program for Post-Baccalaureate and Medical
Students under section 1899C of such Act (42 U.S.C. 1395mmm)
and the Rural and Underserved Pathway to Practice Training
Programs for Medical Residents under section
1886(h)(4)(H)(vii) of such Act (42 U.S.C.
1395ww(h)(4)(H)(vii)). Amounts transferred under the
preceding sentence shall remain available until expended.
SEC. 137402. ESTABLISHING RURAL AND UNDERSERVED PATHWAY TO
PRACTICE TRAINING PROGRAMS FOR POST-
BACCALAUREATE STUDENTS AND MEDICAL STUDENTS.
(a) Program.--
(1) In general.--Title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) is amended by adding at the end the
following new section:
``SEC. 1899C. RURAL AND UNDERSERVED PATHWAY TO PRACTICE
TRAINING PROGRAM FOR POST-BACCALAUREATE AND
MEDICAL STUDENTS.
``(a) In General.--Not later than October 1, 2023, the
Secretary shall, subject to the succeeding provisions of this
section, carry out the `Rural and Underserved Pathway to
Practice Training Program for Post-Baccalaureate and Medical
Students' (in this section, referred to as the `Program')
under which the Secretary awards Pathway to Practice medical
scholarship vouchers to qualifying students described in
subsection (b) for the purpose of increasing the number of
physicians practicing in rural and underserved communities.
[[Page H6535]]
``(b) Qualifying Student Described.--For purposes of this
section, a qualifying student described in this subsection is
an individual who--
``(1) attests he or she--
``(A) is or will be a first-generation student of a 4-year
college, graduate school, or professional school;
``(B) was a Pell Grant recipient; or
``(C) lived in a medically underserved area, rural area, or
health professional shortage area for a period of 4 or more
years prior to attending an undergraduate program;
``(2) has accepted enrollment in--
``(A) a post-baccalaureate program that is not more than 2
years and intends to enroll in a qualifying medical school
within 2 years after completion of such program; or
``(B) a qualifying medical school;
``(3) will practice medicine in a health professional
shortage area, medically underserved area, public hospital,
rural area, or as required under subsection (d)(5); and
``(4) submits an application and a signed copy of the
agreement described under subsection (c).
``(c) Applications.--
``(1) In general.--To be eligible to receive a Pathway to
Practice medical scholarship voucher under this section, a
qualifying student described in subsection (b) shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
``(2) Information to be included.--As a part of the
application described in paragraph (1), the Secretary shall
include a notice of the items which are required to be agreed
to under subsection (d)(5) for the purpose of notifying the
qualifying student of the terms of the Rural and Underserved
Pathway to Practice Training Program for Post-Baccalaureate
and Medical Students.
``(d) Pathway to Practice Medical Scholarship Voucher
Details.--
``(1) Number.--On an annual basis, the Secretary shall
award a Pathway to Practice medical scholarship voucher under
the Program to 1,000 qualifying students described in
subsection (b).
``(2) Prioritization criteria.--In determining whether to
award a Pathway to Practice medical scholarship voucher under
the Program to qualifying students described in subsection
(b), the Secretary shall prioritize applications from any
such student who attests that he or she--
``(A) was a participant in the Health Resources and
Services Administration Health Careers Opportunity Program,
Centers of Excellence Program, or an Area Health Education
Center program;
``(B) is a disadvantaged student (as defined by the
National Health Service Corps of the Health Resources &
Services Administration of the Department of Health and Human
Services); or
``(C) attended a historically black college or other
minority serving institution (as defined in section 1067q of
title 20, United States Code).
``(3) Duration.--Each Pathway to Practice medical
scholarship voucher awarded to a qualifying student pursuant
to paragraph (1) shall be so awarded to such a student on an
annual basis for each year of enrollment in a post-
baccalaureate program and a qualifying medical school (as
appropriate).
``(4) Amount.--Subject to paragraph (5), each Pathway to
Practice medical scholarship voucher awarded under the
Program shall include amounts for--
``(A) tuition;
``(B) academic fees (as determined by the qualifying
medical school);
``(C) required textbooks and equipment;
``(D) a monthly stipend equal to the amount provided for
individuals under the health professions scholarship and
financial assistance program for active service stipend
monthly rate; and
``(E) any other educational expenses normally incurred by
students at the post-baccalaureate program or qualifying
medical school (as appropriate).
``(5) Required agreement.--No amounts under paragraph (4)
may be provided to a qualifying student awarded a Pathway to
Practice medical scholarship voucher under the Program unless
the qualifying student submits to the Secretary an agreement
to--
``(A) complete a post-baccalaureate program that is not
more than 2 years (if applicable pursuant to the option under
subsection (b)(2)(A));
``(B) graduate from a qualifying medical school;
``(C) complete a residency program in an approved residency
training program (as defined in section 1886(h)(5)(A));
``(D) complete an initial residency period or the period of
board eligibility;
``(E) practice medicine for at least the number of years of
the Pathway to Practice medical scholarship voucher awarded
under paragraph (2) after a residency program in a health
professional shortage area, a medically underserved area, a
public hospital, or a rural area, and during such period
annually submit documentation with respect to whether the
qualifying student practices medicine in such an area and
where;
``(F) for the purpose of determining compliance with
subparagraph (E), not later than 180 days after the date on
which qualifying student completes a residency program,
provide to the Secretary information with respect to where
the qualifying student is practicing medicine following the
period described in such subparagraph;
``(G) except in the case of a waiver for hardship pursuant
to section 1892(f)(3), be liable to the United States
pursuant to section 1892 for any amounts received under this
Program that is determined a past-due obligation under
subsection (b)(3) of such section in the case qualifying
student fails to complete all of the requirements of this
agreement under this subsection; and
``(H) for the purpose of determining the amount of Pathway
to Practice medical scholarship vouchers paid or incurred by
a qualifying medical school or any provider of a post-
baccalaureate program referred to in subsection (b)(2)(A) for
the costs of each item specified under paragraph (4), consent
to any personally identifying information being shared with
the Secretary of the Treasury.
``(6) Responsibilities of participating educational
institutions.--Each annual award of an amount of Pathway to
Practice medical scholarship voucher under paragraph (2)
shall be made with respect to a specific qualifying medical
school or to a post-baccalaureate program that is not more
than 2 years and such school or program shall (as a condition
of, and prior to, such award being made with respect to such
school or program)--
``(A) submit to the Secretary such information as the
Secretary may require to determine the amount of such award
on the basis of the costs of the items specified under
paragraph (4) (except for subparagraph (D)) with respect to
such school or program, and
``(B) enter into an agreement with the Secretary under
which such school or program will verify (in such manner as
the Secretary may provide) that amounts paid by such school
or program to the qualifying student are used for such costs.
``(e) Definitions.--In this section:
``(1) Health professional shortage area.--The team `health
professional shortage area' has the meaning given such term
in subparagraphs (A) or (B) of section 332(a)(1) of the
Public Health Service Act.
``(2) Initial residency period.--The term `initial
residency period' has the meaning given such term in section
1886(h)(5)(F).
``(3) Medically underserved area.--The term `medically
underserved area' means an area designated pursuant to
section 330(b)(3)(A) of the Public Health Service Act.
``(4) Pell grant recipient.--The term `Pell Grant
recipient' has the meaning given such term in section 322(3)
of the Higher Education Act of 1965.
``(5) Period of board eligibility.--The term `period of
board eligibility' has the meaning given such term in section
1886(h)(5)(G).
``(6) Qualifying medical school.--The term `qualifying
medical school' means a school of medicine accredited by the
Liaison Committee on Medical Education of the American
Medical Association and the Association of American Medical
Colleges (or approved by such Committee as meeting the
standards necessary for such accreditation) or a school of
osteopathy accredited by the American Osteopathic
Association, or approved by such Association as meeting the
standards necessary for such accreditation which--
``(A) for each academic year, enrolls at least 10
qualifying students who are in enrolled in such a school;
``(B) requires qualifying students to enroll in didactic
coursework and clinical experience applicable to practicing
medicine in health professional shortage areas, medically
underserved areas, or rural areas, including--
``(i) clinical rotations in such areas in applicable
specialties (as applicable and as available);
``(ii) coursework or training experiences focused on
medical issues prevalent in such areas and cultural or
structural competency; and
``(C) is located in a State (as defined in section 210(h)).
``(7) Rural area.--The term `rural area' has the meaning
given such term in section 1886(d)(2)(D).
``(f) Penalty for False Information.--Any person who
knowingly and willfully obtains by fraud, false statement, or
forgery, or fails to refund any funds, assets, or property
provided under this section or attempts to so obtain by
fraud, false statement or forgery, or fail to refund any
funds, assets, or property, received pursuant to this section
shall be fined not more than $20,000 or imprisoned for not
more than 5 years, or both.''.
(2) Agreements.--Section 1892 of the Social Security Act
(42 U.S.C. 1395ccc) is amended--
(A) in subsection (a)(1)(A)--
(i) by striking ``, or the'' and inserting ``, the''; and
(ii) by inserting ``or the Rural and Underserved Pathway to
Practice Training Program for Post- Baccalaureate and Medical
Students under section 1899C'' before ``, owes a past-due
obligation'';
(B) in subsection (b)--
(i) in paragraph (1), by striking at the end ``or'';
(ii) in paragraph (2), by striking the period at the end
and inserting ``; or''; and
(iii) by adding the end the following new paragraph:
``(3) subject to subsection (f), owed by an individual to
the United States by breach of an agreement under section
1899C(c) and which payment has not been paid by the
individual for any amounts received under the Rural and
Underserved Pathway to Practice Training Program for Post-
Baccalaureate and Medical Students (and accrued interest
determined in accordance with subsection (f)(4)) in the case
such individual fails to complete the requirements of such
agreement.''; and
(C) by adding at the end the following new subsection:
``(f) Authorities With Respect to the Collection Under the
Pathway to Practice Training Program.--The Secretary--
``(1) shall require payment to the United States for any
amount of damages that the United States is entitled to
recover under subsection (b)(3), within the 5-year period
beginning on the date an eligible individual fails to
[[Page H6536]]
complete the requirements of such agreement under section
1899C(d)(5) (or such longer period beginning on such date as
specified by the Secretary), and any such amounts not paid
within such period shall be subject to collection through
deductions in Medicare payments pursuant to subsection (e);
``(2) shall allow payments described in paragraph (1) to be
paid in installments over such 5-year period, which shall
accrue interest in an amount determined pursuant to paragraph
(5);
``(3) shall waive the requirement for an individual to pay
a past-due obligation under subsection (b)(3) in the case of
hardship (as determined by the Secretary);
``(4) shall not disclose any past-due obligation under
subsection (b)(3) that is owed to the United States to any
credit reporting agency that the United States entitled to be
recovered the United States under this section; and
``(5) shall make a final determination of whether the
amount of payment under section 1899C made to a qualifying
student (as described in subsection (b) of such section) was
in excess of or less than the amount of payment that is due,
and payment of such excess or deficit is not made (or
effected by offset) within 90 days of the date of the
determination, and interest shall accrue on the balance of
such excess or deficit not paid or offset (to the extent that
the balance is owed by or owing to the provider) at a rate
determined in accordance with the regulations of the
Secretary of the Treasury applicable to charges for late
payments.''.
SEC. 137403. FUNDING FOR THE RURAL AND UNDERSERVED PATHWAY TO
PRACTICE TRAINING PROGRAMS FOR POST-
BACCALAUREATE STUDENTS AND MEDICAL STUDENTS.
(a) In General.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986, as amended by
the preceding provisions of this Act, is amended by inserting
after section 36F the following new section:
``SEC. 36G. PATHWAY TO PRACTICE MEDICAL SCHOLARSHIP VOUCHER
CREDIT.
``(a) In General.--In the case of a qualified educational
institution, there shall be allowed as a credit against the
tax imposed by this subtitle for any taxable year an amount
equal to the aggregate amount paid or incurred by such
institution during such taxable year pursuant to any Pathway
to Practice medical scholarship voucher awarded to a
qualifying student with respect to such institution.
``(b) Determination of Amounts Paid Pursuant to Qualified
Scholarship Vouchers, etc.--For purposes of this section--
``(1) an amount shall be treated as paid or incurred
pursuant to an annual award of a Pathway to Practice medical
scholarship voucher only if such amount is paid or incurred
in reimbursement, or anticipation of, an expense described in
subparagraphs (A) through (E) of paragraph (4) of section
1899C(d) of the Social Security Act and is subject to
verification in such manner as the Secretary of Health and
Human Services may provide under paragraph (6) of such
section, and
``(2) in the case of any amount credited by a qualified
educational institution against a liability owed by the
qualifying student to such institution, such amount shall be
treated as paid by such institution to such student as of the
date that such liability would otherwise be due.
``(c) Definitions.--For purposes of this section--
``(1) Qualified educational institution.--The term
`qualified educational institution' means, with respect to
any annual award of a Pathway to Practice medical scholarship
voucher--
``(A) any qualifying medical school (as defined in
subsection (e)(6) of section 1899C of the Social Security
Act), and
``(B) any provider of a post-baccalaureate program referred
to in subsection (b)(2)(A) of such section,
which meets the requirements of subsection (d)(6) of such
section.
``(2) Qualifying student.--The term `qualifying student'
means any student to whom the Secretary of Health and Human
Services has made an annual award of a Pathway to Practice
medical scholarship voucher under section 1899C of the Social
Security Act.
``(3) Annual award of a pathway to practice medical
scholarship voucher.--The term `annual award of a Pathway to
Practice medical scholarship voucher' means the annual award
of a Pathway to Practice medical scholarship voucher referred
to in section 1899C(d)(3) of the Social Security Act.
``(d) Coordination of Academic and Taxable Years.--The
credit allowed under subsection (a) with respect to any
Pathway to Practice medical scholarship voucher shall not
exceed the amount of such voucher which is for expenses
described in subparagraphs (A) through (E) of section
1899C(d)(4) of the Social Security Act, reduced by any amount
of such voucher with respect to which credit was allowed
under this section for any prior taxable year.
``(e) Regulations.--The Secretary shall issue such
regulations or other guidance as are necessary or appropriate
to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Section 6211(b)(4)(A), as amended by the preceding
provisions of this Act, is amended by inserting ``36G,''
after ``36F,''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, as amended by the preceding provisions of this
Act, is amended by inserting ``36G,'' after ``36F,''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of
1986, and amended by the preceding provisions of this Act, is
amended by inserting after the item relating to section 36F
the following new item:
``Sec. 36G. Pathway to Practice medical scholarship voucher credit.''.
(c) Information Sharing.--The Secretary of Health and Human
Services shall annually provide the Secretary of the Treasury
such information regarding the program under section 1899C of
the Social Security Act as the Secretary of the Treasury may
require to administer the tax credits determined under
section 36G of the Internal Revenue Code of 1986, including
information to identify qualifying students and the qualified
educational institutions at which such students are enrolled
and the amount of the annual award of the Pathway to Practice
medical scholarship voucher awarded to each such student with
respect to such institution. Terms used in this subparagraph
shall have the same meaning as when used in such section 36G.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 137404. ESTABLISHING RURAL AND UNDERSERVED PATHWAY TO
PRACTICE PROGRAM FOR MEDICAL RESIDENTS.
Section 1886 of the Social Security Act (42 U.S.C. 1395ww)
is amended--
(1) in subsection (d)(5)(B)(v), by inserting
``(h)(4)(H)(vii),'' after ``The provisions of subsections
(h)(4)(H)(vi),''; and
(2) in subsection (h)(4)(H), by adding at the end the
following new clause:
``(vii) Exclusion from full-time equivalent limitation for
hospitals implementing rural and underserved pathway to
practice program.--
``(I) In general.--For cost reporting periods beginning on
or after October 1, 2026, during which a qualifying resident
(as defined in subclause (II)) trains in an applicable
hospital (as defined in subclause (III)), the Secretary
shall, for such cost reporting period by the number of full-
time equivalent residents so trained within the applicable
hospital during such period, exclude from the limitation
under subparagraph (F).
``(II) Qualifying resident.--For purposes of this clause,
the term `qualifying resident' means a full-time equivalent
resident who--
``(aa) was a qualifying student awarded a Pathway to
Practice medical scholarship voucher under section 1899C; and
``(bb) graduated from a qualifying medical school.
``(III) Applicable hospital.--
``(aa) In general.--For purposes of this clause, the term
`applicable hospital' means any hospital that--
``(AA) meets the requirements of item (bb);
``(BB) agrees to provide data to the Secretary with respect
to where qualifying residents (as defined in subclause (II))
practice medicine or participate in fellowships immediately
following their residencies; and
``(CC) agrees to promote community-based training of
qualifying residents (as defined in subclause (II)), as
appropriate.
``(bb) Other requirements.--For the purpose of item
(aa)(AA), an applicable hospital shall also be a subsection
(d) hospital that has been recognized by the Accreditation
Council for Graduate Medical Education as meeting the
following requirements:
``(AA) Such hospital provides mentorships for residents.
``(BB) Such hospital includes cultural or structural
competency as part of the training of residents.
``(CC) The hospital has a demonstrated record of training
medical residents in health professional shortage areas,
medically underserved areas, public hospitals, or rural
areas.
``(IV) Other definitions.--
``(aa) Health professional shortage area.--The team `health
professional shortage area' has the meaning given such term
in subparagraphs (A) or (B) of section 332(a)(1) of the
Public Health Service Act.
``(bb) Medically underserved area.--The term `medically
underserved area' means an area designated pursuant to
section 330(b)(3)(A) of the Public Health Service Act.
``(cc) Qualifying medical school.--The term `qualifying
medical school' has the meaning given such term in section
1899C(e)(6).
``(dd) Qualifying medical student.--The term `qualifying
medical student' has the meaning given such term in section
1899C(b).
``(ee) Rural area.--The term `rural area' has the meaning
given such term in section 1886(d)(2)(D).''.
SEC. 137405. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.
(a) In General.--Section 1886(h) of the Social Security Act
(42 U.S.C. 1395ww(h)) is amended--
(1) in paragraph (4)(F)(i), by striking ``and (9)'' and
inserting ``(9), and (10)'';
(2) in paragraph (4)(H)(i), by striking ``and (9)'' and
inserting ``(9), and (10)''; and
(3) by adding at the end the following new paragraph:
``(10) Distribution of additional residency positions.--
``(A) Additional residency positions.--
``(i) In general.--For fiscal years 2025 and 2026, and for
each succeeding fiscal year until the aggregate number of
full-time equivalent residency positions distributed under
this paragraph is equal to the aggregate number of such
positions made available (as specified in clause (ii)), the
Secretary shall, subject to the succeeding provisions of this
paragraph, increase the otherwise applicable resident limit
for each qualifying hospital (as defined in subparagraph (F))
that submits a timely application under this subparagraph by
such number as the Secretary may approve effective beginning
July 1 of the fiscal year of the increase.
``(ii) Number available for distribution.--
``(I) Total number available.--The aggregate number of such
positions made available under this paragraph shall be equal
to 4,000.
[[Page H6537]]
``(II) Annual limit.--The aggregate number of such
positions so made available shall not exceed 2,000 for a
fiscal year.
``(iii) Rounds of applications.--The Secretary shall
initiate a separate round of applications for an increase
under clause (i) for each fiscal year for which such an
increase is to be provided.
``(iv) Distribution for primary care, psychiatry, and other
residencies.--
``(I) In general.--Except as provided under subclause (II),
of the positions made available under this paragraph--
``(aa) not less than 25 percent shall be in a primary care
residency (as defined in subparagraph (F)) or obstetrics and
gynecology residency; and
``(bb) not less than 15 percent shall be in a psychiatry
residency (as defined in such subparagraph).
``(II) Distribution for other residencies.--The requirement
under subclause (I) shall not apply with respect to any
positions made available under this paragraph that are not
distributed to a qualifying hospital by July 1, 2027, and
such positions shall be distributed to hospitals in
accordance with subparagraph (B), without regard to
specialty.
``(v) Clarification regarding availability of other
increase.--A qualifying hospital may apply for, and receive,
an increase under this paragraph and paragraph (9) for a
fiscal year.
``(B) Distribution.--For purposes of providing an increase
in the otherwise applicable resident limit under subparagraph
(A), the following shall apply:
``(i) Eligible hospitals.--With respect to the aggregate
number of such positions available for distribution under
this paragraph, the Secretary shall distribute 30 percent of
such aggregate number to the category of hospitals described
in subclause (II) of clause (ii), 20 percent of such
aggregate number to each of the categories of hospitals
described in subclauses (I), (III), and (IV) of such clause,
and 10 percent of such aggregate number to the category of
hospitals described in subclause (V) of such clause, subject
to clauses (iii) and (iv).
``(ii) Categories of hospitals described.--The following
categories of hospitals are described in this clause:
``(I) Hospitals that are located in a rural area (as
defined in subsection (d)(2)(D)) or are treated as being
located in a rural area pursuant to subsection (d)(8)(E),
hospitals that are located in a census tract assigned a
rural-urban commuting area code of 4 or greater, and
hospitals that are a sole community hospital (as defined in
subsection (d)(5)(D)(iii)).
``(II) Hospitals in which the reference resident level of
the hospital (as specified in subparagraph (F)(v)) is greater
than the otherwise applicable resident limit.
``(III) Hospitals in States with--
``(aa) a new medical school that received `Candidate
School' status from the Liaison Committee on Medical
Education or `Pre-Accreditation' status from the American
Osteopathic Association Commission on Osteopathic College
Accreditation on or after January 1, 2000, and achieved or
continued to progress toward `Full Accreditation' status (as
such term is defined by the Liaison Committee on Medical
Education) or toward `Accreditation' status (as such term is
defined by the American Osteopathic Association Commission on
Osteopathic College Accreditation); or
``(bb) an additional location or branch campus established
on or after January 1, 2000, by a medical school with `Full
Accreditation' status (as such term is defined by the Liaison
Committee on Medical Education) or `Accreditation' status (as
such term is defined by the American Osteopathic Association
Commission on Osteopathic College Accreditation).
``(IV) Hospitals that are located in or serve an area
designated as a health professional shortage area under
section 332(a)(1)(A) of the Public Health Service Act or
serve a population group designated under section
332(a)(1)(B) of such Act, as determined by the Secretary.
``(V) Hospitals located in States in the lowest quartile
for resident-to-population ratios, as defined by the
Secretary.
``(iii) Distribution to other hospitals.--Any positions
made available under this paragraph that are not distributed
to a qualifying hospital in accordance with clause (i) by
July 1, 2027, shall be distributed to other hospitals,
subject to the requirement under clause (iv). In carrying out
the preceding sentence, the Secretary shall ensure that such
positions are first offered to qualifying hospitals in
categories described in clause (ii) before being distributed
to other hospitals.
``(iv) Requirement.--A hospital shall only be eligible to
receive positions made available under this paragraph if the
hospital demonstrates to the Secretary that the hospital is
likely to--
``(I) fill such positions within the first 5 training years
beginning after the date the increase would be effective, as
determined by the Secretary; and
``(II) use some portion (as specified by the Secretary) of
such positions for the residencies described in (A)(iv).
``(C) Conditions of distribution.--
``(i) In general.--Subject to clause (iv), a hospital that
receives an increase in the otherwise applicable resident
limit under this paragraph shall ensure, during the 5-year
period beginning on the date of such increase, that the
numbers of full-time equivalent residents in a primary care
or psychiatry residency (as those terms are defined in
subparagraph (F)), excluding any additional positions
attributable to an increase under this paragraph, are not
less than the average numbers of full-time equivalent
residents in a primary care or psychiatry residency (as so
defined) during the 3 most recent cost reporting periods
ending prior to the date of enactment of this paragraph.
``(ii) Reporting requirements.--Subject to clause (iv), a
hospital that receives an increase in the otherwise
applicable resident limit under this paragraph shall, after
making a good faith attempt to collect information from
former residents, report to the Secretary in a time and
manner specified by the Secretary the following information
for each year (beginning with the first year for which the
hospital receives an increase in the otherwise applicable
resident limit under this paragraph), as applicable:
``(I) Race and ethnicity of residents.
``(II) The practice patterns of residents one and two years
after completion of their residency, including the number and
percent of residents who--
``(aa) practice in a primary care, psychiatry, or other
specialty;
``(bb) primarily serve or are located in a health
professional shortage area with a designation in effect under
section 332 of the Public Health Service Act; or
``(cc) primarily serve or are located in a rural area (as
defined in subsection (d)(2)(D)).
``(iii) Requirement for rural hospitals to expand existing
programs.--Subject to clause (iv), if a hospital that
receives an increase in the otherwise applicable resident
limit under this paragraph would be eligible for an
adjustment to the otherwise applicable resident limit for
participation in a new medical residency training program
under section 413.79(e)(3) of title 42, Code of Federal
Regulations (or any successor regulation), the hospital shall
ensure that any positions made available under this paragraph
are used to expand an existing program of the hospital, and
not for participation in a new medical residency training
program.
``(iv) Redistribution of positions if hospital no longer
meets certain requirements.--In the case where the Secretary
determines that a hospital that receives an increase in the
otherwise applicable resident limit under this paragraph does
not meet either of the requirements under clause (i), the
reporting requirements under clause (ii), or, if applicable,
the requirement under clause (iii), the Secretary shall--
``(I) reduce the otherwise applicable resident limit of the
hospital by the amount by which such limit was increased
under this paragraph; and
``(II) provide for the distribution of positions
attributable to such reduction to other qualifying hospitals
in accordance with the requirements of this paragraph.
``(v) Limitation.--A hospital may not receive more than 25
additional full-time equivalent residency positions under
this paragraph.
``(D) Application of per resident amounts for primary care
and nonprimary care.--With respect to additional residency
positions in a hospital attributable to the increase provided
under this paragraph, the approved FTE per resident amounts
are deemed to be equal to the hospital per resident amounts
for primary care and nonprimary care computed under paragraph
(2)(D) for that hospital.
``(E) Permitting facilities to apply aggregation rules.--
The Secretary shall permit hospitals receiving additional
residency positions attributable to the increase provided
under this paragraph to, beginning in the fifth year after
the effective date of such increase, apply such positions to
the limitation amount under paragraph (4)(F) that may be
aggregated pursuant to paragraph (4)(H) among members of the
same affiliated group.
``(F) Definitions.--In this paragraph:
``(i) Otherwise applicable resident limit.--The term
`otherwise applicable resident limit' means, with respect to
a hospital, the limit otherwise applicable under
subparagraphs (F)(i) and (H) of paragraph (4) on the resident
level for the hospital determined without regard to this
paragraph but taking into account paragraphs (7)(A), (7)(B),
(8)(A), (8)(B), or (9)(A).
``(ii) Primary care residency.--The term `primary care
residency' means a residency training program described in
paragraph (5)(H).
``(iii) Psychiatry residency.--The term `psychiatry
residency' means a residency in psychiatry, addiction
medicine, addiction psychiatry, pain medicine, child and
adolescent psychiatry, consultation-liaison psychiatry,
geriatric psychiatry, brain injury medicine, forensic
psychiatry, hospice and palliative medicine, and sleep
medicine. Such term includes a residency in a program that is
a prerequisite (as determined by the Secretary) for a
residency described in the preceding sentence.
``(iv) Qualifying hospital.--The term `qualifying hospital'
means a hospital described in any of subclauses (I) through
(V) of subparagraph (B)(ii).
``(v) Reference resident level.--The term `reference
resident level' means, with respect to a hospital, the
resident level for the most recent cost reporting period of
the hospital ending on or before the date of enactment of
this paragraph, for which a cost report has been settled (or,
if not, submitted (subject to audit)), as determined by the
Secretary.
``(vi) Resident level.--The term `resident level' has the
meaning given such term in paragraph (7)(C)(i).
``(G) Funding.--There is appropriated to the Secretary, out
of any amounts in the Treasury not otherwise appropriated,
$10,000,000, to remain available until expended, for purposes
of carrying out this paragraph and subsection
(d)(5)(B)(xiii).''.
(b) IME.--Section 1886(d)(5)(B) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(B)) is amended--
(1) in clause (v), in the third sentence, by striking ``and
(h)(9)'' and inserting ``(h)(9), and (h)(10)'';
(2) by adding at the end the following new clause:
``(xiii) For discharges occurring on or after July 1, 2024,
insofar as an additional payment
[[Page H6538]]
amount under this subparagraph is attributable to resident
positions distributed to a hospital under subsection (h)(10),
the indirect teaching adjustment factor shall be computed in
the same manner as provided under clause (ii) with respect to
such resident positions.''.
PART 5--HIGHER EDUCATION
SEC. 137501. CREDIT FOR PUBLIC UNIVERSITY RESEARCH
INFRASTRUCTURE.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1, as amended by the preceding provisions of this
Act, is amended by adding at the end the following new
section:
``SEC. 45AA. PUBLIC UNIVERSITY RESEARCH INFRASTRUCTURE
CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the
public university research infrastructure credit determined
under this section for a taxable year is an amount equal to
40 percent of the qualified cash contributions made by a
taxpayer during such taxable year.
``(b) Qualified Cash Contribution.--
``(1) In general.--
``(A) Defined.--For purposes of subsection (a), the
qualified cash contribution for any taxable year is the
aggregate amount contributed in cash by a taxpayer during
such taxable year to a certified educational institution in
connection with a qualifying project that, but for this
section, would be treated as a charitable contribution for
purposes of section 170(c).
``(B) Qualified cash contributions taken into account for
purposes of charitable contribution limitations.--Any
qualified cash contributions made by a taxpayer under this
section shall be taken into account for purposes of
determining the percentage limitations under section 170(b).
``(2) Designation required.--A contribution shall only be
treated as a qualified cash contribution to the extent that
it is designated as such by a certified educational
institution under subsection (d).
``(c) Definitions.--For purposes of this section--
``(1) Qualifying project.--The term `qualifying project'
means a project to purchase, construct, or improve research
infrastructure property.
``(2) Research infrastructure property.--The term `research
infrastructure property' means any portion of a property,
building, or structure of an eligible educational
institution, or any land associated with such property,
building, or structure, that is used for research.
``(3) Eligible educational institution.--The term `eligible
educational institution' means--
``(A) an institution of higher education (as such term is
defined in section 101 or 102(c) of the Higher Education Act
of 1965) that is a college or university described in section
511(a)(2)(B), or
``(B) an organization described in section
170(b)(1)(A)(iv), section 170(b)(1)(A)(vi), or section
509(a)(3) to which authority has been delegated by an
institution described in subparagraph (A) for purposes of
applying for or administering credit amounts on behalf of
such institution.
``(4) Certified educational institution.--The term
`certified educational institution' means an eligible
educational institution which has been allocated a credit
amount for a qualifying project and--
``(A) has received a certification for such project by
submitting an application as required under subsection
(d)(2), and
``(B) designates credit amounts to taxpayers for qualifying
cash contributions toward such project under subsection
(d)(4).
``(d) Qualifying University Research Infrastructure
Program.--
``(1) Establishment.--
``(A) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary, after
consultation with the Secretary of Education, shall establish
a program to--
``(i) certify and allocate credit amounts for qualifying
projects to eligible educational institutions, and
``(ii) allow certified educational institutions to
designate cash contributions for qualifying projects of such
certified educational institutions as qualified cash
contributions.
``(B) Limitations.--
``(i) Allocation limitation per institution.--The credit
amounts allocated to a certified educational institution
under subparagraph (A)(i) for all projects shall not exceed
$50,000,000 per calendar year.
``(ii) Overall allocation limitation.--
``(I) In general.--The total amount of qualifying project
credit amounts that may be allocated under subparagraph
(A)(i) shall not exceed--
``(aa) $500,000,000 for each of calendar years 2022, 2023,
2024, 2025, and 2026, and
``(bb) $0 for each subsequent year.
``(II) Rollover of unallocated credit amounts.--Any credit
amounts described in subclause (I) that are unallocated
during a calendar year shall be carried to the succeeding
calendar year and added to the limitation allowable under
such subclause for such succeeding calendar year.
``(iii) Designation limitation.--The aggregate amount of
cash contributions which are designated by a certified
educational institution as qualifying cash contributions with
respect to any qualifying project shall not exceed 250
percent of the credit amount allocated to such certified
educational institution for a qualifying project under
subparagraph (A)(i).
``(2) Certification application.--Each eligible educational
institution which applies for certification of a project
under this paragraph shall submit an application in such
time, form, and manner as the Secretary may require.
``(3) Selection criteria for allocations to eligible
educational institutions.--The Secretary, after consultation
with the Secretary of Education, shall select applications
from eligible educational institutions--
``(A) based on the extent of the expected expansion of an
eligible educational institution's targeted research within
disciplines in science, mathematics, engineering, and
technology, and
``(B) in a manner that ensures consideration is given to
eligible educational institutions with full-time student
populations of less than 12,000.
``(4) Designation of qualified cash contributions to
taxpayers.--The Secretary, after consultation with the
Secretary of Education, shall establish a process by which
certified educational institutions shall designate cash
contributions to such institutions as qualified cash
contributions.
``(5) Disclosure of allocations and designations.--
``(A) Allocations.--The Secretary shall, upon allocating
credit amounts to an applicant under this subsection,
publicly disclose the identity of the applicant and the
credit amount allocated to such applicant.
``(B) Designations.--Each certified educational institution
shall, upon designating contributions of a taxpayer as
qualified cash contributions under this subsection, publicly
disclose the identity of the taxpayer and the amount of
contributions designated in such time, form, and manner as
the Secretary may require.
``(e) Regulations and Guidance.--The Secretary, after
consultation with the Secretary of Education when applicable,
shall prescribe such regulations and guidance as may be
necessary or appropriate to carry out the purposes of this
section, including regulations or other guidance for--
``(1) prevention of abuse,
``(2) establishment of reporting requirements,
``(3) establishment of selection criteria for applications,
and
``(4) disclosure of allocations.
``(f) Penalty for Noncompliance.--
``(1) In general.--If at any time during the 5-year period
beginning on the date of the allocation of credit amounts to
a certified educational institution under subsection
(d)(1)(A)(i) there is a noncompliance event with respect to
such credit amounts, then the following rules shall apply:
``(A) General rule.--Any cash contribution designated as a
qualifying cash contribution with respect to a qualifying
project for which such credit amounts were allocated under
subsection (d)(1)(A)(ii) shall be treated as unrelated
business taxable income (as defined in section 512) of such
certified educational institution.
``(B) Rule for unused credit amounts.--In the case of
credit amounts described under paragraph (2)(A) which are
unused and identified pursuant to subsection (g), the
Secretary shall reallocate any portion of such credit amounts
that are unused to certified educational institutions in lieu
of imposing the general rule under subparagraph (A).
``(2) Noncompliance event.--For purposes of this
subsection, the term `noncompliance event' means, with
respect to a credit amount allocated to a certified
educational institution--
``(A) cash contributions equaling the amount of such credit
amount are not designated as qualifying cash contributions
within 2 years after December 31 of the year such credit
amount is allocated,
``(B) a qualifying project with respect to which such
credit amount was allocated is not placed in service within
either--
``(i) 4 years after December 31 of the year such credit
amount is allocated, or
``(ii) a period of time that the Secretary determines is
appropriate, or
``(C) the research infrastructure property placed in
service as part of a qualifying project with respect to which
such credit amount was allocated ceases to be used for
research within five years after such property is placed in
service.
``(g) Review and Reallocation of Credit Amounts.--
``(1) Review.--Not later than 5 years after the date of
enactment of this section, the Secretary shall review the
credit amounts allocated under this section as of such date.
``(2) Reallocation.--
``(A) In general.--The Secretary may reallocate credit
amounts allocated under this section if the Secretary
determines, as of the date of the review in paragraph (1),
that such credit amounts are subject to a noncompliance
event.
``(B) Additional program.--If the Secretary determines that
credits under this section are available for reallocation
pursuant to the requirements set forth in subparagraph (A),
the Secretary is authorized to conduct an additional program
for applications for certification.
``(C) Deadline for reallocation.--The Secretary shall not
certify any project, or reallocate any credit amount,
pursuant to this paragraph after December 31, 2031.
``(h) Denial of Double Benefit.--No credit or deduction
shall be allowed under any other provision of this chapter
for any qualified cash contribution for which a credit is
allowed under this section.
``(i) Rule for Trusts and Estates.--For purposes of this
section, rules similar to the rules of subsection (d) of
section 52 shall apply.
``(j) Termination.--This section shall not apply to
qualified cash contributions made after December 31, 2033.''.
(b) Credit Made Part of General Business Credit.--
Subsection (b) of section 38, as amended by the preceding
provisions of this Act, is amended by striking ``plus'' at
the end of paragraph (41), by striking the period at the end
of paragraph (42) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(43) the public university research infrastructure credit
determined under section 45AA.''.
[[Page H6539]]
(c) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1, as amended by the
preceding provisions of this Act, is amended by adding at the
end the following new item:
``Sec. 45AA. Public university research infrastructure credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to qualified cash contributions made after
December 31, 2021.
SEC. 137502. TREATMENT OF FEDERAL PELL GRANTS FOR INCOME TAX
PURPOSES.
(a) Exclusion From Gross Income.--Section 117(b)(1) is
amended by striking ``means any amount'' and all that follows
and inserting ``means--
``(A) any amount received by an individual as a scholarship
or fellowship grant to the extent the individual establishes
that, in accordance with the conditions of the grant, such
amount was used for qualified tuition and related expenses,
and
``(B) any amount received by an individual after December
31, 2021, and before January 1, 2026, as a Federal Pell Grant
under section 401 of the Higher Education Act of 1965.''.
(b) Treatment for Purposes of American Opportunity Tax
Credit and Lifetime Learning Credit.--Section 25A(g)(2) is
amended--
(1) in subparagraph (A), by inserting ``described in
section 117(b)(1)(A)'' after ``a qualified scholarship'', and
(2) in subparagraph (C), by inserting ``or amount described
in section 117(b)(1)(B)'' after ``within the meaning of
section 102(a)''.
(c) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 137503. REPEAL OF DENIAL OF AMERICAN OPPORTUNITY TAX
CREDIT ON BASIS OF FELONY DRUG CONVICTION.
(a) In General.--Section 25A(b)(2) is amended by striking
subparagraph (D).
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2021.
PART 6--DEDUCTION FOR STATE AND LOCAL TAXES, ETC.
SEC. 137601. MODIFICATION OF LIMITATION ON DEDUCTION FOR
STATE AND LOCAL TAXES, ETC.
(a) In General.--Paragraph (6) of section 164(b) is
amended--
(1) by striking ``2025'' in the heading and inserting
``2031'',
(2) by striking ``January 1, 2026'' and inserting ``January
1, 2032'',
(3) in subparagraph (A), by inserting ``or section
216(a)(1)'' after ``subsection (a)(1)'',
(4) in subparagraph (B)--
(A) by inserting ``(and any tax described in any such
paragraph taken into account under section 216(a)(1))'' after
``paragraph (5) of this subsection'', and
(B) by striking ``shall not exceed $10,000 ($5,000 in the
case of a married individual filing a separate return).'' and
inserting ``shall not exceed--
``(i) in the case of any taxable year beginning after
December 31, 2020, and before January 1, 2031, $80,000
($40,000 in the case of an estate, trust, or married
individual filing a separate return), and
``(ii) in the case of any taxable year beginning after
December 31, 2030, and before January 1, 2032, $10,000
($5,000 in the case of an estate, trust, or married
individual filing a separate return).'', and
(5) by striking the last sentence and inserting the
following: ``In the case of taxes paid during a taxable year
beginning before January 1, 2031, the Secretary shall
prescribe regulations or other guidance which treat all or a
portion of such taxes as paid in a taxable year or years
other than the taxable year in which actually paid as
necessary or appropriate to prevent the avoidance of the
limitations of this paragraph.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2020.
(c) No Inference.--The amendments made by paragraphs (3) or
(4)(A), and (5) shall not be construed to create any
inference with respect to the proper application of section
164(b)(6) or section 216(a) with respect to any taxable year
beginning before January 1, 2021.
Subtitle H--Responsibly Funding Our Priorities
SEC. 138001. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
subtitle an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
PART 1--CORPORATE AND INTERNATIONAL TAX REFORMS
Subpart A--Corporate Provisions
SEC. 138101. CORPORATE ALTERNATIVE MINIMUM TAX.
(a) Imposition of Tax.--
(1) In general.--Paragraph (2) of section 55(b) is amended
to read as follows:
``(2) Corporations.--
``(A) Applicable corporations.--In the case of an
applicable corporation, the tentative minimum tax for the
taxable year shall be the excess of--
``(i) 15 percent of the adjusted financial statement income
for the taxable year (as determined under section 56A), over
``(ii) the corporate AMT foreign tax credit for the taxable
year.
``(B) Other corporations.--In the case of any corporation
which is not an applicable corporation, the tentative minimum
tax for the taxable year shall be zero.''.
(2) Applicable corporation.--Section 59 is amended by
adding at the end the following new subsection:
``(k) Applicable Corporation.--For purposes of this part--
``(1) Applicable corporation defined.--
``(A) In general.--The term `applicable corporation' means,
with respect to any taxable year, any corporation (other than
an S corporation, a regulated investment company, or a real
estate investment trust) which meets the average annual
adjusted financial statement income test of subparagraph (B)
for one or more taxable years which--
``(i) are prior to such taxable year, and
``(ii) end after December 31, 2021.
``(B) Average annual adjusted financial statement income
test.--For purposes of this subsection--
``(i) a corporation meets the average annual adjusted
financial statement income test for any taxable year if the
average annual adjusted financial statement income of such
corporation for the 3-taxable-year period ending with such
taxable year exceeds $1,000,000,000, and
``(ii) in the case of a corporation described in paragraph
(2), such corporation meets the average annual adjusted
financial statement income test if--
``(I) the corporation meets the requirements of clause (i)
(determined after the application of paragraph (2)), and
``(II) the average annual adjusted financial statement
income of such corporation (determined without regard to the
application of paragraph (2)) for the 3-taxable-year-period
ending with such taxable year is $100,000,000 or more.
``(C) Exception.--Notwithstanding subparagraph (A), the
term `applicable corporation' shall not include any
corporation which otherwise meets the requirements of
subparagraph (A) if--
``(i) such corporation--
``(I) has a change in ownership, or
``(II) has a specified number (to be determined by the
Secretary and which shall, as appropriate, take into account
the facts and circumstances of the taxpayer) of consecutive
taxable years, including the most recent taxable year, in
which the corporation does not meet the average annual
adjusted financial statement income test of subparagraph (B),
and
``(ii) the Secretary determines that it would not be
appropriate to continue to treat such corporation as an
applicable corporation.
The preceding sentence shall not apply to any corporation if,
after the Secretary makes the determination described in
clause (ii), such corporation meets the average annual
adjusted financial statement income test for any taxable year
beginning after the first taxable year for which the
determination applies.
``(D) Special rules for determining average annual adjusted
financial statement income.--Solely for purposes of
determining whether a corporation is an applicable
corporation under paragraph (1)--
``(i) all persons treated as a single employer under
subsection (a) or (b) of section 52 shall be treated as 1
person, and
``(ii) in the case of a foreign corporation, only income
described in paragraph (3) or (4) of section 56A(c) shall be
taken into account.
``(E) Other special rules.--
``(i) Corporations in existence for less than 3 years.--If
the corporation was in existence for less than 3-taxable
years, subparagraph (B) shall be applied on the basis of the
period during which such corporation was in existence.
``(ii) Short taxable years.--Adjusted financial statement
income for any taxable year of less than 12 months shall be
annualized by multiplying the adjusted financial statement
income for the short period by 12 and dividing the result by
the number of months in the short period.
``(iii) Treatment of predecessors.--Any reference in this
subparagraph to a corporation shall include a reference to
any predecessor of such corporation.
``(2) Special rule for foreign-parented corporations.--
``(A) In general.--Solely for purposes of determining
whether a corporation meets the average annual adjusted
financial statement income test under paragraph (1)(B)(i),
notwithstanding paragraph (1)(D)(ii), any corporation which
for any taxable year is a member of an international
financial reporting group the common parent of which is a
foreign corporation shall include in the adjusted financial
statement income of such corporation for such taxable year
the adjusted financial statement income of all foreign
members of such group.
``(B) International financial reporting group.--For
purposes of subparagraph (A), the term `international
financial reporting group' shall have the meaning given such
term by section 163(n)(3).
``(3) Regulations or other guidance.--The Secretary shall
provide regulations or other guidance for the purposes of
carrying out this subsection, including regulations or other
guidance--
``(A) providing a simplified method for determining whether
a corporation meets the requirements of paragraph (1), and
``'(B) addressing the application of this subsection to a
corporation that experiences a change in ownership.''.
(3) Reduction for base erosion and anti-abuse tax.--Section
55(a)(2) is amended by inserting ``plus, in the case of an
applicable corporation (as defined in subsection (b)(2)), the
tax imposed by section 59A'' before the period at the end.
(4) Conforming amendments.--
(A) Section 55(a) is amended by striking ``In the case of a
taxpayer other than a corporation, there'' and inserting
``There''.
[[Page H6540]]
(B)(i) Section 55(b)(1) is amended--
(I) by striking so much as precedes subparagraph (A) and
inserting the following:
``(1) Noncorporate taxpayers.--In the case of a taxpayer
other than a corporation--'', and
(II) by adding at the end the following new subparagraph:
``(D) Alternative minimum taxable income.--The term
`alternative minimum taxable income' means the taxable income
of the taxpayer for the taxable year--
``(i) determined with the adjustments provided in section
56 and section 58, and
``(ii) increased by the amount of the items of tax
preference described in section 57.
If a taxpayer is subject to the regular tax, such taxpayer
shall be subject to the tax imposed by this section (and, if
the regular tax is determined by reference to an amount other
than taxable income, such amount shall be treated as the
taxable income of such taxpayer for purposes of the preceding
sentence).''.
(ii) Section 860E(a)(4) is amended by striking ``55(b)(2)''
and inserting ``55(b)(1)(D)''.
(iii) Section 897(a)(2)(A)(i) is amended by striking
``55(b)(2)'' and inserting ``55(b)(1)(D)''.
(C) Section 11(d) is amended by striking ``the tax imposed
by subsection (a)'' and inserting ``the taxes imposed by
subsection (a) and section 55''.
(D) Section 12 is amended by adding at the end the
following new paragraph:
``(5) For alternative minimum tax, see section 55.''.
(E) Section 882(a)(1) is amended by inserting ``, 55,''
after ``section 11''.
(F) Section 6425(c)(1)(A) is amended to read as follows:
``(A) the sum of--
``(i) the tax imposed by section 11 or subchapter L of
chapter 1, whichever is applicable, plus
``(ii) the tax imposed by section 55, plus
``(iii) the tax imposed by section 59A, over''.
(G) Section 6655(e)(2) is amended by inserting ``, adjusted
financial statement income (as defined in section 56A),''
before ``and modified taxable income'' each place it appears
in subparagraphs (A)(i) and (B)(i).
(H) Section 6655(g)(1)(A) is amended by redesignating
clauses (ii) and (iii) as clauses (iii) and (iv),
respectively, and by inserting after clause (i) the following
new clause:
``(ii) the tax imposed by section 55,''.
(b) Adjusted Financial Statement Income.--
(1) In general.--Part VI of subchapter A of chapter 1 is
amended by inserting after section 56 the following new
section:
``SEC. 56A. ADJUSTED FINANCIAL STATEMENT INCOME.
``(a) In General.--For purposes of this part, the term
`adjusted financial statement income' means, with respect to
any corporation for any taxable year, the net income or loss
of the taxpayer set forth on the taxpayer's applicable
financial statement for such taxable year, adjusted as
provided in this section.
``(b) Applicable Financial Statement.--For purposes of this
section, the term `applicable financial statement' means,
with respect to any taxable year, an applicable financial
statement (as defined in section 451(b)(3) or as specified by
the Secretary in regulations or other guidance) which covers
such taxable year.
``(c) General Adjustments.--
``(1) Statements covering different taxable years.--
Appropriate adjustments shall be made in adjusted financial
statement income in any case in which an applicable financial
statement covers a period other than the taxable year.
``(2) Special rules for related entities.--
``(A) Consolidated financial statements.--If the financial
results of a taxpayer are reported on the applicable
financial statement for a group of entities, rules similar to
the rules of section 451(b)(5) shall apply.
``(B) Consolidated returns.--Except as provided in
regulations prescribed by the Secretary, if the taxpayer
files a consolidated return for any taxable year, adjusted
financial statement income of the taxpayer for such taxable
year shall take into account items on the taxpayer's
applicable financial statement which are properly allocable
to members of such group included on such return.
``(C) Treatment of dividends and other amounts.--In the
case of any corporation which is not included on a
consolidated return with the taxpayer, adjusted financial
statement income of the taxpayer shall take into account the
earnings of such other corporation only to the extent of the
sum of the dividends received from such other corporation
(reduced to the extent provided by the Secretary in
regulations or other guidance) and other amounts required to
be included in gross income under this chapter (other than
amounts required to be included under sections 951 and 951A)
in respect of the earnings of such other corporation.
``(D) Group including one or more partnerships.--Under
rules prescribed by the Secretary, if the financial results
of a taxpayer are reported on the applicable financial
statement for a group of entities that includes one or more
partnerships, adjusted financial statement income shall take
into account the earnings of such partnerships in the same
proportion as the taxpayer's distributive share of items from
the partnerships required to be included in gross income
under this chapter.
``(3) Adjustments to take into account certain items of
foreign income.--
``(A) In general.--If, for any taxable year, a taxpayer is
a United States shareholder of one or more controlled foreign
corporations, the adjusted financial statement income of such
taxpayer shall be adjusted to take into account such
taxpayer's pro rata share (determined under rules similar to
the rules under section 951(a)(2)) of items taken into
account in computing the net income or loss set forth on the
applicable financial statement of each such controlled
foreign corporation with respect to which such taxpayer is a
United States shareholder.
``(B) Negative adjustments.--In any case in which the
adjustment determined under subparagraph (A) would result in
a negative adjustment for such taxable year--
``(i) no adjustment shall be made under this paragraph for
such taxable year, and
``(ii) the amount of the adjustment determined under this
paragraph for the succeeding taxable year (determined without
regard to this paragraph) shall be reduced by an amount equal
to the negative adjustment for such taxable year.
``(4) Effectively connected income.--In the case of a
foreign corporation, to determine adjusted financial
statement income, the principles of section 882 shall apply.
``(5) Adjustments for certain taxes.--Adjusted financial
statement income shall be appropriately adjusted to disregard
any Federal income taxes, or income, war profits, or excess
profits taxes (within the meaning of section 901) with
respect to a foreign country or possession of the United
States, which are taken into account on the taxpayer's
applicable financial statement. To the extent provided by the
Secretary, the preceding sentence shall not apply to income,
war profits, or excess profits taxes (within the meaning of
section 901) that are imposed by a foreign country or
possession of the United States and taken into account on the
taxpayer's applicable financial statement if the taxpayer
does not choose to take the benefits of section 901. The
Secretary shall prescribe such regulations or other guidance
as may be necessary and appropriate to provide for the proper
treatment of current and deferred taxes for purposes of this
paragraph, including the time at which such taxes are
properly taken into account.
``(6) Adjustment with respect to disregarded entities.--
Adjusted financial statement income shall be adjusted to take
into account any adjusted financial statement income of a
disregarded entity owned by the taxpayer.
``(7) Special rule for cooperatives.--In the case of a
cooperative to which section 1381 applies, the adjusted
financial statement income (determined without regard to this
paragraph) shall be reduced by the amounts referred to in
section 1382(b) (relating to patronage dividends and per-unit
retain allocations) to the extent such amounts were not
otherwise taken into account in determining adjusted
financial statement income.
``(8) Rules for alaska native corporations.--Adjusted
financial statement income shall be appropriately adjusted to
allow--
``(A) cost recovery and depletion attributable to property
the basis of which is determined under section 21(c) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), and
``(B) deductions for amounts payable made pursuant to
section 7(i) or section 7(j) of such Act (43 U.S.C. 1606(i)
and 1606(j)) only at such time as the deductions are allowed
for tax purposes.
``(9) Amounts attributable to elections for direct payment
of certain credits.--Adjusted financial statement income
shall be appropriately adjusted to disregard any amount
received as a refund of taxes which is attributable to an
election under section 6417.
``(10) Consistent treatment of mortgage servicing income of
taxpayer other than a regulated investment company.--
``(A) In general.--Adjusted financial statement income
shall be adjusted so as not to include any item of income in
connection with a mortgage servicing contract any earlier
than when such income is included in gross income under any
other provision of this chapter.
``(B) Rules for amounts not representing reasonable
compensation.--The Secretary shall provide regulations to
prevent the avoidance of taxes imposed by this chapter with
respect to amounts not representing reasonable compensation
(as determined by the Secretary) with respect to a mortgage
servicing contract.
``(11) Secretarial authority to adjust items.--The
Secretary shall issue regulations or other guidance to
provide for such adjustments to adjusted financial statement
income as the Secretary determines necessary to carry out the
purposes of this section, including adjustments--
``(A) to prevent the omission or duplication of any item,
``(B) to take into account the ownership of a member of a
group by a corporation or partnership which is not a member
of such group, and
``(C) to carry out the principles of part II of subchapter
C of this chapter (relating to corporate liquidations), part
III of subchapter C of this chapter (relating to corporate
organizations and reorganizations), and part II of subchapter
K of this chapter (relating to partnership contributions and
distributions).
``(d) Deduction for Financial Statement Net Operating
Loss.--
``(1) In general.--Adjusted financial statement income
(determined after application of subsection (c) and without
regard to this subsection) shall be reduced by an amount
equal to the lesser of--
``(A) the aggregate amount of financial statement net
operating loss carryovers to the taxable year, or
``(B) 80 percent of adjusted financial statement income
computed without regard to the deduction allowable under this
subsection.
``(2) Financial statement net operating loss carryover.--A
financial statement net operating loss for any taxable year
shall be a financial statement net operating loss carryover
to each taxable year following the taxable year of the loss.
The portion of such loss which shall be carried to subsequent
taxable years shall be the amount of such loss remaining (if
any) after the application of paragraph (1).
[[Page H6541]]
``(3) Financial statement net operating loss defined.--For
purposes of this subsection, the term `financial statement
net operating loss' means the amount of the net loss (if any)
set forth on the corporation's applicable financial statement
(determined after application of subsection (c) and without
regard to this subsection) for taxable years ending after
December 31, 2019.
``(e) Regulations and Other Guidance.--The Secretary shall
provide for such regulations and other guidance as necessary
to carry out the purposes of this section, including
regulations and other guidance relating to the effect of the
rules of this section on partnerships with income taken into
account by an applicable corporation.''.
(2) Clerical amendment.--The table of sections for part VI
of subchapter A of chapter 1 is amended by inserting after
the item relating to section 56 the following new item:
``Sec. 56A. Adjusted financial statement income.''.
(c) Corporate AMT Foreign Tax Credit.--Section 59, as
amended by this section, is amended by adding at the end the
following new subsection:
``(l) Corporate AMT Foreign Tax Credit.--
``(1) In general.--For purposes of this part, if an
applicable corporation chooses to have the benefits of
subpart A of part III of subchapter N for any taxable year,
the corporate AMT foreign tax credit for the taxable year of
the applicable corporation is an amount equal to sum of--
``(A) the lesser of--
``(i) the aggregate of the applicable corporation's pro
rata share (as determined under section 56A(c)(3)) of the
amount of income, war profits, and excess profits taxes
(within the meaning of section 901) imposed by any foreign
country or possession of the United States which are--
``(I) taken into account on the applicable financial
statement of each controlled foreign corporation with respect
to which the applicable corporation is a United States
shareholder, and
``(II) paid or accrued (for Federal income tax purposes) by
each such controlled foreign corporation, or
``(ii) the product of the amount of the adjustment under
section 56A(c)(3) and the percentage specified in section
55(b)(2)(A)(i), and
``(B) the amount of income, war profits, and excess profits
taxes (within the meaning of section 901) imposed by any
foreign country or possession of the United States to the
extent such taxes are--
``(i) taken into account on the applicable corporation's
applicable financial statement, and
``(ii) paid or accrued (for Federal income tax purposes) by
the applicable corporation.
``(2) Carryover of excess tax paid.--For any taxable year
for which an applicable corporation chooses to have the
benefits of subpart A of part III of subchapter N, the excess
of the amount described in paragraph (1)(A)(i) over the
amount described in paragraph (1)(A)(ii) shall increase the
amount described in paragraph (1)(A)(i) in any of the first 5
succeeding taxable years to the extent not taken into account
in a prior taxable year.
``(3) Regulations or other guidance.--The Secretary shall
provide for such regulations or other guidance as is
necessary to carry out the purposes of this subsection.''.
(d) Treatment of General Business Credit.--Section
38(c)(6)(E) is amended to read as follows:
``(E) Corporations.--In the case of a corporation--
``(i) the first sentence of paragraph (1) shall be applied
by substituting `25 percent of the taxpayer's net income tax
as exceeds $25,000' for `the greater of' and all that
follows,
``(ii) paragraph (2)(A) shall be applied without regard to
clause (ii)(I) thereof, and
``(iii) paragraph (4)(A) shall be applied without regard to
clause (ii)(I) thereof.''.
(e) Credit for Prior Year Minimum Tax Liability.--
(1) In general.--Section 53(e) is amended to read as
follows:
``(e) Application to Applicable Corporations.--In the case
of a corporation--
``(1) subsection (b)(1) shall be applied by substituting
`the net minimum tax for all prior taxable years beginning
after 2022' for `the adjusted net minimum tax imposed for all
prior taxable years beginning after 1986', and
``(2) the amount determined under subsection (c)(1) shall
be increased by the amount of tax imposed under section 59A
for the taxable year.''.
(2) Conforming amendments.--Section 53(d) is amended--
(A) in paragraph (2), by striking ``, except that in the
case'' and all that follows through ``treated as zero'', and
(B) by striking paragraph (3).
(f) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 138102. EXCISE TAX ON REPURCHASE OF CORPORATE STOCK.
(a) In General.--Subtitle D is amended by inserting after
chapter 36 the following new chapter:
``CHAPTER 37--REPURCHASE OF CORPORATE STOCK
``Sec. 4501. Repurchase of corporate stock.
``SEC. 4501. REPURCHASE OF CORPORATE STOCK.
``(a) General Rule.--There is hereby imposed on each
covered corporation a tax equal to 1 percent of the fair
market value of any stock of the corporation which is
repurchased by such corporation during the taxable year.
``(b) Covered Corporation.--For purposes of this section,
the term `covered corporation' means any domestic corporation
the stock of which is traded on an established securities
market (within the meaning of section 7704(b)(1)).
``(c) Repurchase.--For purposes of this section--
``(1) In general.--The term `repurchase' means--
``(A) a redemption within the meaning of section 317(b)
with regard to the stock of a covered corporation, and
``(B) any transaction determined by the Secretary to be
economically similar to a transaction described in
subparagraph (A).
``(2) Treatment of purchases by specified affiliates.--
``(A) In general.--The acquisition of stock of a covered
corporation by a specified affiliate of such covered
corporation, from a person who is not the covered corporation
or a specified affiliate of such covered corporation, shall
be treated as a repurchase of the stock of the covered
corporation by such covered corporation.
``(B) Specified affiliate.--For purposes of this section,
the term `specified affiliate' means, with respect to any
corporation--
``(i) any corporation more than 50 percent of the stock of
which is owned (by vote or by value), directly or indirectly,
by such corporation, and
``(ii) any partnership more than 50 percent of the capital
interests or profits interests of which is held, directly or
indirectly, by such corporation.
``(3) Adjustment.--The amount taken into account under
subsection (a) with respect to any stock repurchased by a
covered corporation shall be reduced by the fair market value
of any stock issued by the covered corporation during the
taxable year, including the fair market value of any stock
issued to employees of such covered corporation or a
specified affiliate of such covered corporation during the
taxable year, whether or not such stock is issued in response
to the exercise of an option to purchase such stock.
``(d) Special Rules for Acquisition of Stock of Certain
Foreign Corporations.--
``(1) In general.--In the case of an acquisition of stock
of an applicable foreign corporation by a specified affiliate
of such corporation (other than a foreign corporation or a
foreign partnership (unless such partnership has a domestic
entity as a direct or indirect partner)) from a person who is
not the applicable foreign corporation or a specified
affiliate of such applicable foreign corporation, for
purposes of this section--
``(A) such specified affiliate shall be treated as a
covered corporation with respect to such acquisition,
``(B) such acquisition shall be treated as a repurchase of
stock of a covered corporation by such covered corporation,
and
``(C) the adjustment under subsection (c)(3) shall be
determined only with respect to stock issued by such
specified affiliate to employees of the specified affiliate.
``(2) Surrogate foreign corporations.--In the case of a
repurchase of stock of a covered surrogate foreign
corporation by such covered surrogate foreign corporation, or
an acquisition of stock of a covered surrogate foreign
corporation by a specified affiliate of such corporation, for
purposes of this section--
``(A) the expatriated entity with respect to such covered
surrogate foreign corporation shall be treated as a covered
corporation with respect to such repurchase or acquisition,
``(B) such repurchase or acquisition shall be treated as a
repurchase of stock of a covered corporation by such covered
corporation, and
``(C) the adjustment under subsection (c)(3) shall be
determined only with respect to stock issued by such
expatriated entity to employees of the expatriated entity.
``(3) Definitions.--For purposes of this subsection--
``(A) Applicable foreign corporation.--The term `applicable
foreign corporation' means any foreign corporation the stock
of which is traded on an established securities market
(within the meaning of section 7704(b)(1)).
``(B) Covered surrogate foreign corporation.--The term
`covered surrogate foreign corporation' means any surrogate
foreign corporation (as determined under section
7874(a)(2)(B) by substituting `September 20, 2021' for `March
4, 2003' each place it appears) the stock of which is traded
on an established securities market (within the meaning of
section 7704(b)(1)), but only with respect to taxable years
which include any portion of the applicable period with
respect to such corporation under section 7874(d)(1).
``(C) Expatriated entity.--The term `expatriated entity'
has the meaning given such term by section 7874(a)(2)(A).
``(e) Exceptions.--Subsection (a) shall not apply--
``(1) to the extent that the repurchase is part of a
reorganization (within the meaning of section 368(a)) and no
gain or loss is recognized on such repurchase by the
shareholder under chapter 1 by reason of such reorganization,
``(2) in any case in which the stock repurchased is, or an
amount of stock equal to the value of the stock repurchased
is, contributed to an employer-sponsored retirement plan,
employee stock ownership plan, or similar plan,
``(3) in any case in which the total value of the stock
repurchased during the taxable year does not exceed
$1,000,000,
``(4) under regulations prescribed by the Secretary, in
cases in which the repurchase is by a dealer in securities in
the ordinary course of business,
``(5) to repurchases by a regulated investment company (as
defined in section 851) or a real estate investment trust, or
``(6) to the extent that the repurchase is treated as a
dividend for purposes of this title.
``(f) Regulations and Guidance.--The Secretary shall
prescribe such regulations and other guidance as are
necessary or appropriate to administer and to prevent the
avoidance of
[[Page H6542]]
the purposes of this section, including regulations and other
guidance--
``(1) to prevent the abuse of the exceptions provided by
subsection (e),
``(2) to address special classes of stock and preferred
stock, and
``(3) for the application of the rules under subsection
(d).''.
(b) Tax Not Deductible.--Paragraph (6) of section 275(a) is
amended by inserting ``37,'' before ``41''.
(c) Clerical Amendment.--The table of chapters for subtitle
D is amended by inserting after the item relating to chapter
36 the following new item:
``Chapter 37--Repurchase of Corporate Stock''.
(d) Effective Date.--The amendments made by this section
shall apply to repurchases (within the meaning of section
4501(c) of the Internal Revenue Code of 1986, as added by
this section) of stock after December 31, 2021.
Subpart B--Limitations on Deduction for Interest Expense
SEC. 138111. LIMITATIONS ON DEDUCTION FOR INTEREST EXPENSE.
(a) Interest Expense of Certain Members of International
Financial Reporting Groups.--Section 163 is amended by
redesignating subsection (n) as subsection (p) and by
inserting after subsection (m) the following new subsection:
``(n) Limitation on Deduction of Interest by Certain
Members of International Financial Reporting Groups.--
``(1) In general.--In the case of any specified domestic
corporation which is a member of any international financial
reporting group, the deduction under this chapter for
interest paid or accrued during the taxable year in excess of
the amount of interest includible in the gross income of such
corporation shall not exceed the allowable percentage of 110
percent of such excess.
``(2) Specified domestic corporation.--For purposes of this
subsection--
``(A) In general.--The term `specified domestic
corporation' means any domestic corporation other than--
``(i) any corporation if the excess of--
``(I) the average amount of interest paid or accrued by
such corporation during the 3-taxable-year period ending with
the taxable year to which paragraph (1) applies, over
``(II) the average amount of interest includible in the
gross income of such corporation for such 3-taxable-year
period,
does not exceed $12,000,000,
``(ii) any corporation to which paragraph (1) of section
163(j) does not apply by reason of paragraph (3) of such
section (determined without regard to paragraph (4)(B) of
such section), and
``(iii) any S corporation, real estate investment trust, or
regulated investment company.
``(B) Aggregation rule.--For purposes of clauses (i) and
(ii) of subparagraph (A), all domestic corporations which are
members of the same international financial reporting group
shall be treated as a single corporation.
``(C) Foreign corporations engaged in trade or business
within the united states.--If a foreign corporation is
engaged in a trade or business within the United States, such
foreign corporation shall be treated as a domestic
corporation with respect to the items that are effectively
connected with such trade or business.
``(3) International financial reporting group.--For
purposes of this subsection--
``(A) In general.--The term `international financial
reporting group' means, with respect to any reporting year,
two or more entities if--
``(i) either--
``(I) at least one entity is a foreign corporation engaged
in a trade or business within the United States, or
``(II) at least one entity is a domestic corporation and
another entity is a foreign corporation, and
``(ii) such entities are included in the same applicable
financial statement with respect to such year.
``(B) Election to include eligible corporations in group.--
``(i) In general.--To the extent provided by the Secretary
in regulations or other guidance, an international financial
reporting group may elect (at such time and in such manner as
the Secretary may provide) to treat all eligible corporations
with respect to such group as members of such group for
purposes of this subsection. As a condition of such election,
all such eligible corporations must maintain (and provide
access to) such books and records as the Secretary determines
are satisfactory to allow for the application of this
subsection with respect to such eligible corporations. Such
election may be revoked only with the consent of the
Secretary.
``(ii) Eligible corporation.--The term `eligible
corporation' means, with respect to any international
financial reporting group, any corporation if at least 20
percent of the stock of such corporation (determined by vote
and value) is held (directly or indirectly) by members of
such international financial reporting group (determined
without regard to this subparagraph).
``(4) Allowable percentage.--For purposes of this
subsection--
``(A) In general.--The term `allowable percentage' means,
with respect to any specified domestic corporation for any
taxable year, the ratio (expressed as a percentage and not
greater than 100 percent) of--
``(i) such corporation's allocable share of the
international financial reporting group's reported net
interest expense for the reporting year of such group which
ends in or with such taxable year of such corporation, over
``(ii) such corporation's reported net interest expense for
such reporting year of such group.
``(B) Reported net interest expense.--The term `reported
net interest expense' means--
``(i) with respect to any international financial reporting
group for any reporting year, the excess of--
``(I) the aggregate amount of interest expense reported in
such group's applicable financial statements for such taxable
year, over
``(II) the aggregate amount of interest income reported in
such group's applicable financial statements for such taxable
year, and
``(ii) with respect to any specified domestic corporation
for any reporting year, the excess of--
``(I) the amount of interest expense of such corporation
reported in the books and records of the international
financial reporting group which are used in preparing such
group's applicable financial statements for such taxable
year, over
``(II) the amount of interest income of such corporation
reported in such books and records.
``(C) Allocable share of reported net interest expense.--
With respect to any specified domestic corporation which is a
member of any international financial reporting group, such
corporation's allocable share of such group's reported net
interest expense for any reporting year is the portion of
such expense which bears the same ratio to such expense as--
``(i) the EBITDA of such corporation for such reporting
year, bears to
``(ii) the EBITDA of such group for such reporting year.
``(D) EBITDA.--
``(i) In general.--The term `EBITDA' means, with respect to
any reporting year, earnings before interest income and
interest expense, taxes, depreciation, depletion, and
amortization--
``(I) as determined in the international financial
reporting group's applicable financial statements for such
year, or
``(II) as determined in the books and records of the
international financial reporting group which are used in
preparing such statements if not determined in such
statements.
``(ii) Determination of ebitda of a specified domestic
corporation.--The EBITDA of any specified domestic
corporation shall be determined on a stand-alone basis and
without regard to any distribution received by such
corporation from any other member of the international
financial reporting group.
``(E) Special rules for non-positive ebitda.--
``(i) Non-positive group ebitda.--In the case of any
international financial reporting group the EBITDA of which
is zero or less, paragraph (1) shall not apply to any
specified domestic corporation which is a member of such
group.
``(ii) Non-positive entity ebitda.--In the case of any
specified domestic corporation the EBITDA of which is zero or
less, the allowable percentage shall be 0 percent.
``(5) Applicable financial statement.--For purposes of this
subsection, the term `applicable financial statement' has the
meaning given such term in section 451(b)(3).
``(6) Reporting year.--For purposes of this subsection, the
term `reporting year' means any year for which an applicable
financial statement is prepared or required to be prepared.
``(7) Regulations.--The Secretary may issue such
regulations or other guidance as are necessary or appropriate
to carry out the purposes of this subsection, including
regulations or other guidance which--
``(A) allows or requires the adjustment of amounts reported
on applicable financial statements,
``(B) allows or requires any corporation to be included or
excluded as a member of any international financial reporting
group for purposes of any determination or calculation under
this subsection,
``(C) treats interest income of a controlled foreign
corporation which is subpart F income, and any interest
expense of such corporation which is related to subpart F
income, as income and interest expense, respectively, of a
specified domestic corporation for purposes of this
subsection,
``(D) prevents the omission, inclusion, or duplication of
any item or amount of interest income or interest expense,
and
``(E) provides rules for the application of this subsection
with respect to--
``(i) a domestic corporation that is a partner (directly or
indirectly) in a partnership,
``(ii) a domestic corporation that owns (directly or
indirectly) an interest in an entity that is fiscally
transparent in one or more jurisdictions, and
``(iii) a foreign corporation to which this subsection
applies by reason of paragraph (2)(C).''.
(b) Modification of Application of Limitation on Business
Interest to Partnerships and S Corporations.--
(1) In general.--Section 163(j)(4) is amended to read as
follows:
``(4) Application to partnerships and s corporations.--
``(A) In general.--In the case of any partnership or S
corporation, this subsection shall be applied at the partner
or shareholder level, respectively.
``(B) Application of exemption for certain small
businesses.--In the case of any partnership or S corporation
which does not meet the gross receipts test of section 448(c)
for any taxable year, paragraph (3) shall not apply with
respect to any distributive, or pro rata, share of business
interest and other items under this subsection of such
partnership or S corporation.
``(C) Regulations.-- The Secretary shall prescribe such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this section,
including regulations or other guidance--
``(i) for requiring or restricting the allocation of
business interest and other items under this subsection,
``(ii) to provide for such reporting requirements as the
Secretary determines appropriate, and
[[Page H6543]]
``(iii) for the application of this subsection in the case
of tiered structures or trades or businesses described in
paragraph (7).''.
(2) Conforming amendment.--Section 163(j)(3) is amended by
inserting ``except to the extent provided in paragraph
(4)(B)'' after ``to such taxpayer for such taxable year''.
(c) Carryforward of Disallowed Interest.--
(1) In general.--Section 163 is amended by inserting after
subsection (n), as added by subsection (a), the following new
subsection:
``(o) Carryforward of Certain Disallowed Interest.--The
amount of any interest not allowed as a deduction for any
taxable year by reason of subsection (j) or (n)(1) (whichever
imposes the lower limitation with respect to such taxable
year) shall be treated as interest (and as business interest
for purposes of subsection (j) to the extent such amount is
properly attributable to a trade or business as defined in
subsection (j)(7)) paid or accrued in the succeeding taxable
year.''.
(2) Conforming amendments.--
(A) Section 163(j)(2) is amended to read as follows:
``(2) Carryforward cross-reference.--For carryforward
treatment, see subsection (o).''.
(B) Section 381(c)(20) is amended to read as follows:
``(20) Carryforward of disallowed interest.--The carryover
of disallowed interest described in section 163(o) to taxable
years ending after the date of distribution or transfer.''.
(C) Section 382(d)(3) is amended to read as follows:
``(3) Application to carryforward of disallowed interest.--
The term `pre-change loss' shall include any carryover of
disallowed interest described in section 163(o) under rules
similar to the rules of paragraph (1).''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
(e) Transition Rule.--In the case of a partner's first
succeeding taxable year described in subclause (II) of
section 163(j)(4)(B)(ii) of the Internal Revenue Code of 1986
(as in effect before the amendment made by subsection (b))
which begins after December 31, 2022, the amount of excess
business interest which would (but for such amendment) be
carried to such taxable year under such subclause shall be
treated as interest (and as business interest for purposes of
section 163(j) of such Code, as amended by this section) paid
or accrued in such taxable year. A rule similar to the rule
in the preceding sentence shall apply in the case of an S
corporation and its shareholders. For carryover of any such
interest disallowed for such taxable year, see section 163(o)
of such Code, as amended by this section.
Subpart C--Outbound International Provisions
SEC. 138121. MODIFICATIONS TO DEDUCTION FOR FOREIGN-DERIVED
INTANGIBLE INCOME AND GLOBAL INTANGIBLE LOW-
TAXED INCOME.
(a) In General.--Section 250(a) is amended to read as
follows:
``(a) In General.--In the case of a domestic corporation
for any taxable year, there shall be allowed as a deduction
an amount equal to the sum of--
``(1) 24.8 percent of the foreign-derived intangible income
of such domestic corporation for such taxable year, plus
``(2) 28.5 percent of--
``(A) the global intangible low-taxed income (if any) which
is included in the gross income of such domestic corporation
under section 951A for such taxable year, and
``(B) the amount treated as a dividend received by such
corporation under section 78 which is attributable to the
amount described in subparagraph (A).''.
(b) Deduction Taken Into Account in Determining Net
Operating Loss Deduction.--Section 172(d) is amended by
striking paragraph (9).
(c) Certain Other Modifications.--
(1) Section 250(b)(3) is amended--
(A) in subparagraph (A)(i)--
(i) by striking ``and'' at the end of subclause (V),
(ii) by striking ``over'' at the end of subclause (VI), and
(iii) by adding at the end the following new subclauses:
``(VII) any income described in clause (i) or (ii) of
section 904(d)(2)(B), determined without regard to clause
(iii)(II) thereof,
``(VIII) except as otherwise provided by the Secretary, any
income and gain from the sale or other disposition (including
the deemed sale or other deemed disposition) of property
giving rise to rents or royalties derived in the active
conduct of a trade or business, and
``(IX) any disqualified extraterritorial income, over'',
and
(B) by adding at the end the following new subparagraph:
``(C) Disqualified extraterritorial income.--
``(i) In general.--For purposes of subparagraph (A)(i)(IX),
the term `disqualified extraterritorial income' means any
amount included in the gross income of the corporation with
respect to any transaction for any taxable year if any amount
could (determined after application of clause (ii) but
without regard to any election under section 942(a)(3) as in
effect before its repeal) be excluded from the gross income
of the corporation with respect to such transaction for such
taxable year by reason of section 114 pursuant to the
application of subsection (d) or (f) of section 101 of the
American Jobs Creation Act of 2004.
``(ii) Election out of extraterritorial income benefits.--
``(I) In general.--Except as provided in subclause (II),
the corporation referred to in clause (i) may make an
irrevocable election (at such time and in such form and
manner as the Secretary may provide) to have subsections (d)
and (f) of section 101 of the American Jobs Creation Act of
2004 not apply with respect to such corporation for the
taxable year for which such election is made and all
succeeding taxable years (applicable with respect to all
transactions, including transactions occurring before such
taxable year).
``(II) Expanded affiliated groups.--In the case of any
corporation which is a member of an expanded affiliated
group, the election described in subclause (I) may be made
only by the common parent of such group (or, in the case of a
common parent which is not required to file a return of tax
under this chapter, the delegate of such common parent) and
shall apply with respect to all members of such group. For
purposes of the preceding sentence, the term `expanded
affiliated group' means an affiliated group as defined in
section 1504(a), determined without regard to section
1504(b)(3) and by substituting `more than 50 percent' for `at
least 80 percent' each place it appears.''.
(C) Section 250(b)(5)(E) is amended by inserting ``(other
than paragraph (3)(A)(i)(VIII))'' after ``For purposes of
this subsection''.
(2) Section 613A(d)(1) is amended by striking ``and'' at
the end of subparagraph (D), by striking the period at the
end of subparagraph (E) and inserting ``, and'', and by
inserting after subparagraph (E) the following new
subparagraph:
``(F) any deduction allowable under section 250.''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2022.
(2) Certain modifications.--The amendments made by
subsection (c) shall apply to taxable years beginning after
the date of the enactment of this Act.
(e) No Inference Regarding Certain Modifications.--The
amendments made by subsection (c) shall not be construed to
create any inference with respect to the proper application
of any provision of the Internal Revenue Code of 1986 with
respect to any taxable year beginning before the taxable
years to which such amendments apply.
(f) Transition Rule for Accelerated Percentage Reduction.--
(1) In general.--In the case of any taxable year which
includes December 31, 2022 (other than a taxable year with
respect to which such date is the last day of such taxable
year)--
(A) the percentage in effect under section 250(a)(1)(A) of
the Internal Revenue Code of 1986 shall be treated as being
equal to the sum of--
(i) the pre-effective date percentage of 37.5 percent, plus
(ii) the post-effective date percentage of 24.8 percent,
and
(B) the percentage in effect under section 250(a)(1)(B) of
such Code shall be treated as being equal to the sum of--
(i) the pre-effective date percentage of 50 percent, plus
(ii) the post-effective date percentage of 28.5 percent.
(2) Pre- and post-effective date percentages.--For purposes
of this subsection, with respect to any taxable year--
(A) the term ``pre-effective date percentage'' means the
ratio that the number of days in such taxable year which are
before January 1, 2023, bears to the number of days in such
taxable year, and
(B) the term ``post-effective date percentage'' means the
ratio that the number of days in such taxable year which are
after December 31, 2022, bears to the number of days in such
taxable year.
SEC. 138122. REPEAL OF ELECTION FOR 1-MONTH DEFERRAL IN
DETERMINATION OF TAXABLE YEAR OF SPECIFIED
FOREIGN CORPORATIONS.
(a) In General.--Section 898(c) is amended by striking
paragraph (2) and redesignating paragraph (3) as paragraph
(2).
(b) Effective Date.--The amendments made by this section
shall apply to taxable years of specified foreign
corporations beginning after November 30, 2022.
(c) Transition Rule.--In the case of a corporation that is
a specified foreign corporation as of November 30, 2022, such
corporation's first taxable year beginning after such date
shall end at the same time as the first required year (within
the meaning of section 898(c)(1) of the Internal Revenue Code
of 1986) ending after such date. If any specified foreign
corporation is required by this section (or the amendments
made by this section) to change its taxable year for its
first taxable year beginning after November 30, 2022--
(1) such change shall be treated as initiated by such
corporation,
(2) such change shall be treated as having been made with
the consent of the Secretary, and
(3) the Secretary (including the Secretary's delegate in
the case of any reference to the Secretary in this paragraph)
shall issue regulations or other guidance for allocating
foreign taxes that accrue in such first taxable year between
such taxable year and the prior taxable year, including such
adjustments as the Secretary determines are necessary or
appropriate to carry out the purposes of this section.
SEC. 138123. MODIFICATIONS OF FOREIGN TAX CREDIT RULES
APPLICABLE TO CERTAIN TAXPAYERS RECEIVING
SPECIFIC ECONOMIC BENEFITS.
(a) In General.--Section 901 is amended by redesignating
subsection (n) as subsection (o) and by inserting after
subsection (m) the following new subsection:
``(n) Special Rules Relating to Dual Capacity Taxpayers.--
[[Page H6544]]
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer to a foreign country or possession of the United
States for any period shall not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable income tax,
or
``(B) to the extent such amount exceeds the amount which
would be paid or accrued by such dual capacity taxpayer under
the generally applicable income tax imposed by such country
or possession if such taxpayer were not a dual capacity
taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the
amount determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or possession,
and
``(B) receives (or will receive) directly or indirectly a
specific economic benefit from such country or possession (or
any political subdivision, agency, or instrumentality
thereof).
``(3) Generally applicable income tax.--For purposes of
this subsection, the term `generally applicable income tax'
means an income tax (or a series of income taxes) which is
generally imposed under the laws of a foreign country or
possession of the United States on residents of such foreign
country or possession that are not dual capacity
taxpayers.''.
(b) Effective Date.--The amendments made by this section
shall apply to amounts paid or accrued after December 31,
2021.
SEC. 138124. MODIFICATIONS TO FOREIGN TAX CREDIT LIMITATIONS.
(a) Country-by-country Application of Limitation on Foreign
Tax Credit Based on Taxable Units.--
(1) In general.--Section 904 is amended by inserting after
subsection (d) the following new subsection:
``(e) Country-by-country Application Based on Taxable
Units.--
``(1) In general.--Subsection (d) (and the provisions of
this title referred to in paragraph (1) of such subsection)
shall be applied separately with respect to each country by
taking into account the aggregate income properly
attributable or otherwise allocable to a taxable unit of the
taxpayer which is a tax resident of (or, in the case of a
branch, is located in) such country.
``(2) Taxable units.--
``(A) In general.--Except as otherwise provided by the
Secretary, each item shall be attributable or otherwise
allocable to exactly one taxable unit of the taxpayer.
``(B) Determination of taxable units.--Except as otherwise
provided by the Secretary, the taxable units of a taxpayer
are as follows:
``(i) General taxable unit.--The person that is the
taxpayer and that is not otherwise described in a separate
clause of this subparagraph.
``(ii) Certain foreign corporations.--Each foreign
corporation with respect to which the taxpayer is a United
States shareholder.
``(iii) Interests in pass-through entities.--Each interest
held (directly or indirectly) by the taxpayer or any
controlled foreign corporation referred to in clause (ii) in
a pass-through entity if such pass-through entity is a tax
resident of a country other than the country with respect to
which such taxpayer or controlled foreign corporation (as the
case may be) is a tax resident.
``(iv) Branches.--Each branch (or portion thereof) the
activities of which are directly or indirectly carried on by
the taxpayer or any controlled foreign corporation referred
to in clause (ii) and which give rise to a taxable presence
in a country other than the country with respect to which
such taxpayer or controlled foreign corporation (as the case
may be) is a tax resident.
``(3) Definitions and special rules.--For purposes of this
subsection--
``(A) Tax resident.--Except as otherwise provided by the
Secretary, the term `tax resident' means a person or entity
subject to tax under the tax law of a country as a resident.
If an entity is organized under the law of a country, or
resident in a country, that does not impose an income tax
with respect to such entities, such entity shall, except as
provided by the Secretary, be treated as subject to tax under
the tax law of such country for the purposes of the preceding
sentence.
``(B) Pass-through entity.--Except as otherwise provided by
the Secretary, the term `pass-through entity' includes any
partnership or other entity to the extent that income, gain,
deduction, or loss of the entity is taken into account in
determining the income or loss of a person that owns
(directly or indirectly) an interest in such entity.
``(C) Branch.--Except as otherwise provided by the
Secretary, the term `branch' means a taxable presence of a
tax resident in a country other than its country of residence
as determined under such other country's tax law. The
Secretary shall provide regulations or other guidance
applying such term to activities in a country that do not
give rise to a taxable presence.
``(D) Treatment of fiscally autonomous jurisdictions.--Any
fiscally autonomous jurisdiction shall be treated as a
separate country. Any possession of the United States shall
also be treated as a separate country.
``(E) Possession of the united states.--The term
`possession of the United States' means each of American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
``(4) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out, or prevent avoidance of, the
purposes of this subsection, including regulations or other
guidance--
``(A) providing for the application of this subsection to
an entity or arrangement that is considered a tax resident of
more than one country or of no country,
``(B) providing for the application of this subsection to
hybrid entities or hybrid transactions (as such terms are
used for purposes of section 267A), pass-through entities,
passive foreign investment companies, trusts, and other
entities or arrangements not otherwise described in this
subsection, and
``(C) providing for the assignment of any item (including
foreign taxes and deductions) to taxable units, including in
the case of amounts not otherwise taken into account in
determining taxable income under this chapter.''.
(2) Application of separate limitation losses with respect
to global intangible low-taxed income.--
(A) In general.--Section 904(f)(5)(B) is amended to read as
follows:
``(B) Allocation of losses.--Except as otherwise provided
in this subparagraph, the separate limitation losses for any
taxable year (to the extent such losses do not exceed the
separate limitation incomes for such year) shall be allocated
among (and operate to reduce) such incomes on a proportionate
basis. In the case of a separate limitation loss for any
taxable year in any category other than subparagraph
(d)(1)(A), the amount of such separate limitation loss shall
be allocated among (and operate to reduce) separate
limitation income in any category other than income described
in subparagraph (d)(1)(A) on a proportionate basis (without
regard to income described in subparagraph (d)(1)(A)). The
remaining separate limitation losses may reduce separate
limitation income described in subparagraph (d)(1)(A) only to
the extent that the aggregate amount of such losses exceeds
the aggregate amount of separate limitation incomes (other
than income described in subparagraph (d)(1)(A)) for such
taxable year.''.
(B) Income category.--Section 904(f)(5)(E)(i) is amended to
read as follows:
``(i) Income category.--The term `income category' means
each category of income with respect to which this section is
required to be applied separately by reason of any provision
of this title.''.
(C) Separate limitation loss.--Section 904(f)(5)(E)(iii) is
amended to read as follows:
``(iii) Separate limitation loss.--The term `separate
limitation loss' means, with respect to any income category,
the amount by which the gross income from sources outside the
United States is exceeded by the sum of the deductions
properly allocated and apportioned thereto.''.
(b) Repeal of Separate Application to Foreign Branch
Income.--
(1) In general.--Section 904(d)(1) is amended by striking
subparagraph (B) and redesignating subparagraphs (C) and (D)
as subparagraph (B) and (C).
(2) Coordination with deduction for foreign-derived
intangible income.--Section 250(b)(3)(A) is amended--
(A) by striking subclause (VI) of clause (i) and inserting
the following new subclause:
``(VI) the income which is attributable to 1 or more
branches (within the meaning of section 904(e)(3)(C)) or
pass-through entities (within the meaning of section
904(e)(3)(B)) in 1 or more foreign countries, over'', and
(B) by adding at the end the following flush sentence:
``For purposes of clause (i)(VI), the amount of income
attributable to a branch or pass-through entity shall be
determined under rules established by the Secretary.''.
(3) Amendments.--
(A) Section 904(d)(2)(A)(ii) is amended by striking ``,
foreign branch income,''.
(B) Section 904(d)(2)(H) is amended to read as follows:
``(H) Treatment of income tax base differences.--The
Secretary shall issue regulations or other guidance assigning
to the proper category of income any tax imposed under the
law of a foreign country or possession of the United States
on an amount which does not constitute income under United
States tax principles.''.
(C) Section 904(d)(2) is amended by striking subparagraph
(J).
(c) Modification of Foreign Tax Credit Carryback and
Carryforward.--
(1) Repeal of carryback.--Section 904(c) is amended--
(A) by striking ``in the first preceding taxable year,
and'',
(B) by striking ``preceding or'' each place it appears, and
(C) by striking ``Carryback and'' in the heading thereof.
(2) Application to limitation on foreign oil and gas
taxes.--Section 907(f)(1) is amended by striking ``in the
first preceding taxable year and''.
(3) Application of carryforward to taxes on global
intangible low-taxed income.--
(A) In general.--Section 904(c) is amended by striking the
last sentence.
(B) Temporary limitation of carryforward to 5 taxable
years.--Section 904(c), as amended by the preceding
provisions of this Act, is amended--
(i) by striking ``Any amount by which all taxes'' and all
that precedes it and inserting the following:
``(c) Carryback and Carryover of Excess Tax Paid.--
``(1) In general.--Any amount by which all taxes'', and
[[Page H6545]]
(ii) by adding at the end the following new paragraph:
``(2) Temporary limitation on carryforward of taxes on
global intangible low-taxed income.--
``(A) In general.--In the case of taxes paid or accrued
with respect to amounts described in subsection (d)(1)(A),
paragraph (1) shall be applied by substituting `5 succeeding
taxable years' for `10 succeeding taxable years'.
``(B) Termination.--Subparagraph (A) shall not apply to any
tax paid or accrued in a taxable year beginning after
December 31, 2030.''.
(d) Treatment of Certain Tax-exempt Dividends.--
(1) Certain tax-exempt dividends taken into account in
applying limitations on foreign tax credits.--Section 904(b)
is amended by striking paragraph (4).
(2) Certain tax-exempt dividends not taken into account in
allocating interest expense.--Section 864(e)(3) is amended by
striking ``or 245(a)'' and inserting ``, 245(a), or 245A''.
(e) Rules for Allocation of Certain Deductions to Foreign
Source Global Intangible Low-taxed Income for Purposes of
Foreign Tax Credit Limitation.--Section 904(b), as amended by
the preceding provisions of this Act, is amended by adding at
the end the following new paragraph:
``(4) Deductions treated as allocable to foreign source
global intangible low-taxed income.--In the case of a
domestic corporation and solely for purposes of the
application of subsection (a) with respect to amounts
described in subsection (d)(1)(A), the taxpayer's taxable
income from sources without the United States shall be
determined--
``(A) by allocating and apportioning any deduction allowed
under section 250(a)(2) (and any deduction allowed under
section 164(a)(3) for taxes imposed on amounts described in
section 250(a)(2)) to such income, and
``(B) by allocating and apportioning any other deduction to
such income only if the Secretary determines that such
deduction is directly allocable to such income.
Any deduction which would (but for subparagraph (B)) have
been allocated or apportioned to such income shall only be
allocated or apportioned to income which is from sources
within the United States.''.
(f) Treatment of Certain Asset Dispositions.--Section
904(b), as amended by the preceding provisions of this Act,
is amended by adding at the end the following new paragraph:
``(5) Treatment of certain asset dispositions.--
``(A) In general.--Except as otherwise provided by the
Secretary, in the case of any covered asset disposition, the
principles of section 338(h)(16) shall apply in determining
the source and character of any item for purposes of this
part.
``(B) Covered asset disposition.--For purposes of this
paragraph, the term `covered asset disposition' means any
transaction which--
``(i) is treated as a disposition of assets under
subchapter N of this chapter, and
``(ii) is treated as a disposition of stock of a
corporation (or is disregarded) for purposes of the tax laws
of a relevant foreign country or possession of the United
States.
``(C) Regulations.--The Secretary shall issue such
regulations or other guidance as is necessary or appropriate
to carry out, or to prevent the avoidance of, the purposes of
this paragraph.''.
(g) Redetermination of Foreign Taxes and Related Claims.--
(1) In general.--Section 905(c) is amended--
(A) in paragraph (1), by striking ``or'' at the end of
subparagraph (B) and by inserting after subparagraph (C) the
following new subparagraphs:
``(D) the taxpayer makes a timely change in its choice to
claim a credit or deduction for taxes paid or accrued, or
``(E) there is any other change in the amount, or
treatment, of taxes, which affects the taxpayer's tax
liability under this chapter,'',
(B) in paragraph (2)(B), by striking ``Any such taxes'' and
inserting ``Except as otherwise provided by the Secretary,
any such taxes'', and
(C) by striking ``Accrued'' in the heading thereof.
(2) Modification to time for claiming credit or
deduction.--Section 901(a) is amended by striking the second
sentence and inserting the following: `` Such choice for any
taxable year may be made or changed at any time before the
expiration of the applicable period prescribed by section
6511 for making a claim for credit or refund of an
overpayment of the tax imposed by this chapter for such
taxable year that is attributable to such amounts.''.
(3) Modification to special period of limitation.--Section
6511(d)(3) is amended--
(A) in subparagraph (A)--
(i) by inserting ``a change in the liability for'' before
``any taxes paid or accrued'',
(ii) by striking ``actually paid'' and inserting ``paid (or
deemed paid under section 960)'', and
(iii) by inserting ``change in the liability for'' before
``foreign taxes'' in the heading thereof, and
(B) in subparagraph (B), by striking ``the allowance of a
credit for the taxes'' and inserting ``the allowance of an
additional credit by reason of the change in liability for
the taxes''.
(h) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to taxable years beginning after December 31, 2022.
(2) Modification of foreign tax credit carryback and
carryforward.--The amendments made by subsection (c) shall
apply to taxes paid or accrued in taxable years beginning
after December 31, 2022.
(3) Treatment of certain asset dispositions.--
(A) In general.--The amendment made by subsection (f) shall
apply to transactions after the date of the enactment of this
Act.
(B) Binding contract exception.--The amendment made by
subsection (f) shall not apply to any transaction which is
made pursuant to a written binding contract which was in
effect on September 13, 2021, and is not modified in any
material respect thereafter.
(4) Redetermination of foreign taxes and related claims.--
(A) In general.--Except as otherwise provided in this
paragraph, the amendments made by subsection (g) shall apply
to taxes paid or accrued in taxable years beginning after
December 31, 2021.
(B) Certain changes.--The amendments made by subparagraphs
(A) and (C) of subsection (g)(1) shall apply to changes that
occur on or after the date which is 60 days after the date of
the enactment of this Act.
(C) Modification to special period of limitation.--The
amendments made by subsection (g)(3) shall apply to taxes
paid, accrued, or deemed paid in taxable years beginning
after December 31, 2021.
(i) Regulations.--The Secretary shall issue regulations or
other guidance providing for the application of subsections
(d), (e), (f), and (g) of section 904 of the Internal Revenue
Code of 1986 (as amended by this section) with respect to
amounts carried over under subsections (c), (f), or (g) from
a taxable year with respect to which subsection (e) of such
section does not apply to a taxable year with respect to
which such subsection (e) does apply and from a taxable year
with respect to which subsection (d)(1)(B) of such section
(determined without regard to the amendments made by this
section) applies to a taxable year with respect to which such
section does not apply.
SEC. 138125. FOREIGN OIL AND GAS EXTRACTION INCOME AND
FOREIGN OIL RELATED INCOME TO INCLUDE OIL SHALE
AND TAR SANDS.
(a) In General.--Paragraphs (1)(A) and (2)(A) of section
907(c) are each amended by inserting ``(or oil shale or tar
sands)'' after ``oil or gas wells''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 138126. MODIFICATIONS TO INCLUSION OF GLOBAL INTANGIBLE
LOW-TAXED INCOME.
(a) Country-by-country Application of Section Based on CFC
Taxable Units.--Section 951A is amended by adding at the end
the following new subsection:
``(g) Country-by-country Application of Section Based on
CFC Taxable Units.--
``(1) In general.--If any CFC taxable unit of a United
States shareholder is a tax resident of (or, in the case of a
branch, is located in) a country which is different from the
country with respect to which any other CFC taxable unit of
such United States shareholder is a tax resident (or, in the
case of a branch, is located in)--
``(A) such shareholder's global intangible low-taxed income
for purposes of subsection (a) shall be the sum of the
amounts of global intangible low-taxed income determined
separately with respect to each such country, and
``(B) for purposes of determining such separate amounts of
global intangible low-taxed income--
``(i) except as otherwise provided by the Secretary, any
reference in subsection (b), (c), or (d) to a controlled
foreign corporation of such shareholder shall be treated as
reference to a CFC taxable unit of such shareholder, and
``(ii) net CFC tested income, net deemed tangible income
return, qualified business asset investment, interest expense
described in subsection (b)(2)(B), and such other items and
amounts as the Secretary may provide, shall be determined
separately with respect to each such country by determining
such amounts with respect to the CFC taxable units of such
shareholder which are a tax resident of such country.
``(2) Definitions.--For purposes of this subsection--
``(A) CFC taxable unit.--The term `CFC taxable unit' means
any taxable unit described in clause (ii), (iii), or (iv) of
section 904(e)(2)(B), determined--
``(i) by substituting `Each controlled foreign corporation'
for `Each foreign corporation' in clause (ii) of such
section, and
``(ii) without regard to the references to the taxpayer in
clauses (iii) and (iv) of such section.
``(B) Application of other definitions.--Terms used in this
subsection which are also used in section 904(e) shall have
the same meaning as when used in section 904(e).
``(3) Special rules.--For purposes of this subsection--
``(A) Application of certain rules.--Except as otherwise
provided by the Secretary, rules similar to the rules of
section 904(e) shall apply.
``(B) Allocation of global intangible low-taxed income to
controlled foreign corporations.--Except as otherwise
provided by the Secretary, subsection (f)(2) shall be applied
separately with respect to each CFC taxable unit.''.
(b) Regulatory Authority.--
(1) In general.--Section 951A, as amended by subsection
(a), is amended by adding at the end the following new
subsection:
``(h) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out, or prevent the avoidance of, the
purposes of this section, including regulations or guidance
which provide for--
``(1) the treatment of property if such property is
transferred, or held, temporarily,
[[Page H6546]]
``(2) the treatment of property if the avoidance of the
purposes of this section is a factor in the transfer or
holding of such property,
``(3) appropriate adjustments to the basis of stock and
other ownership interests, and to earnings and profits, to
reflect tested losses (whether or not taken into account in
determining global intangible low-taxed income),
``(4) rules similar to the rules provided under the
regulations or guidance issued under section 904(e)(4),
``(5) other appropriate basis adjustments,
``(6) appropriate adjustments to be made, and appropriate
tax attributes and records to be maintained, separately with
respect to CFC taxable units, and
``(7) appropriate adjustments in determining tested income
or tested loss if property is transferred between related
parties or amounts are paid or accrued between related
parties.''.
(2) Conforming amendment.--Section 951A(d) is amended--
(A) by striking paragraph (4), and
(B) by redesignating the second paragraph (3) (relating to
partnership property) as paragraph (4).
(c) Carryover of Net CFC Tested Loss.--
(1) In general.--Section 951A(c) is amended by adding at
the end the following new paragraph:
``(3) Carryover of net cfc tested loss.--
``(A) In general.--If the amount described in paragraph
(1)(B) with respect to any United States shareholder for any
taxable year of such United States shareholder (determined
after the application of this paragraph with respect to
amounts arising in preceding taxable years) exceeds the
amount described in paragraph (1)(A) with respect to such
shareholder of such taxable year, the amount otherwise
described in paragraph (1)(B) with respect to such
shareholder for the succeeding taxable year shall be
increased by the amount of such excess.
``(B) Proper adjustment in allocations of global intangible
low-taxed income to controlled foreign corporations.--Proper
adjustments shall be made in the application of subsection
(f)(2)(B) to take into account any decrease in global
intangible low-taxed income by reason of the application of
subparagraph (A).''.
(2) Coordination with country-by-country application.--
Section 951A(g)(1)(B)(ii), as added by subsection (a), is
amended by inserting ``any increase determined under
subsection (c)(3)(A),'' after ``interest expense described in
subsection (b)(2)(B),''.
(3) Application of rules with respect to ownership
changes.--Section 382(d) is amended by adding at the end the
following new paragraph:
``(4) Application to carryover of net cfc tested loss.--The
term `pre-change loss' shall include any excess carried over
under section 951A(c)(3) under rules similar to the rules of
paragraph (1).''.
(d) Reduction in Net Deemed Tangible Income Return for
Purposes of Determining Global Intangible Low-taxed Income.--
(1) In general.--Section 951A(b)(2)(A) is amended by
striking ``10 percent'' and inserting ``5 percent''.
(2) Application to assets located in possessions of the
united states.--Section 951A(b) is amended by adding at the
end the following new paragraph:
``(3) Application to assets located in possessions of the
united states.--In the case of any specified tangible
property located in a possession of the United States,
paragraph (2)(A) and subsection (d) shall be applied by
substituting `10 percent' for `5 percent' in paragraph
(2)(A).''.
(e) Inclusion of Foreign Oil and Gas Extraction Income in
Determining Tested Income and Loss.--Section 951A(c)(2)(A)(i)
is amended by inserting ``and'' at the end of subclause
(III), by striking ``and'' at the end of subclause (IV) and
inserting ``over'', and by striking subclause (V).
(f) Coordination With Other Provisions.--Section 951A(f)(1)
is amended by adding at the end the following new
subparagraph:
``(C) Treatment of certain references.--Except as otherwise
provided by the Secretary, references to section 951 or
section 951(a) in sections 959, 961, 962, and such other
provisions as the Secretary may identify shall include
references to section 951A or section 951A(a),
respectively.''.
(g) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to taxable years of foreign corporations beginning after
December 31, 2022, and to taxable years of United States
shareholders in which or with which such taxable years of
foreign corporations end.
(2) Regulatory authority and coordination with other
provisions.--The amendments made by subsections (b) and (f)
shall apply to taxable years of foreign corporations
beginning after the date of the enactment of this Act, and to
taxable years of United States shareholders in which or with
which such taxable years of foreign corporations end.
(h) No Inference Regarding Certain Modifications.--The
amendments made by subsections (b) and (f) shall not be
construed to create any inference with respect to the proper
application of any provision of the Internal Revenue Code of
1986 with respect to any taxable year beginning before the
taxable years to which such amendments apply.
SEC. 138127. MODIFICATIONS TO DETERMINATION OF DEEMED PAID
CREDIT FOR TAXES PROPERLY ATTRIBUTABLE TO
TESTED INCOME.
(a) Increase in Deemed Paid Credit.--Section 960(d)(1) is
amended by striking ``80 percent'' and inserting ``95 percent
(100 percent in the case of tested foreign income taxes paid
or accrued to a possession of the United States)''.
(b) Inclusion of Taxes Properly Attributable to Tested
Loss.--
(1) In general.--Section 960(d)(3) is amended to read as
follows:
``(3) Tested foreign income taxes.--For purposes of
paragraph (1), the term `tested foreign income taxes' means,
with respect to any domestic corporation which is a United
States shareholder of a controlled foreign corporation--
``(A) the foreign income taxes paid or accrued by such
foreign corporation which are properly attributable to the
tested income or tested loss of such foreign corporation
taken into account by such domestic corporation under section
951A, and
``(B) solely to the extent provided in regulations
prescribed by the Secretary, the foreign income taxes (as so
defined) paid or accrued by a foreign corporation (other than
a controlled foreign corporation) which owns, directly or
indirectly, 80 percent or more (by vote or value) of the
stock in such domestic corporation but only if--
``(i) such foreign income taxes are properly attributable
to amounts of such controlled foreign corporation taken into
account in determining tested income or tested loss under
section 951A(c)(2), and
``(ii) no credit is allowed, in whole or in part, for such
foreign taxes in any foreign jurisdiction.''.
(2) Conforming amendment.--Section 960(d)(2)(B) is amended
by striking ``the aggregate amount described in section
951A(c)(1)(A)'' and inserting ``the net CFC tested income (as
defined in section 951A(c)(1))''.
(c) Application of Foreign Tax Credit Limitation to Amounts
Included Under Section 78.--
(1) Section 904(d)(2) is amended by redesignating
subparagraph (K) as subparagraph (L) and by inserting after
subparagraph (J) the following new subparagraph:
``(K) Amounts includible under section 78.--Any amount
includible in gross income under section 78 shall be treated
as income in the same separate category as the related
foreign taxes deemed paid.''.
(2) Section 904(d)(3)(G) is amended by striking the second
sentence and inserting the following: ``Any amount included
in gross income under section 78 shall not be treated as a
dividend.''.
(d) Disallowance of Foreign Tax Credit With Respect to
Distributions of Previously Taxed Global Intangible Low-taxed
Income.--Section 960(d) is amended by adding at the end the
following new paragraph:
``(4) Disallowance of foreign tax credit with respect to
distributions of previously taxed global intangible low-taxed
income.--No credit shall be allowed under section 901 for 20
percent of any foreign income taxes paid or accrued (or
deemed paid under section 960(b)(1)) with respect to any
amount excluded from gross income under section 959(a) by
reason of an inclusion in gross income under section
951A(a).''.
(e) Modification of Disallowance of Foreign Tax Credit
Respect to Distributions of Previously Taxed Global
Intangible Low-taxed Income.--Section 960(d)(4), as added by
subsection (d), is amended by striking ``20 percent'' and
inserting ``5 percent''.
(f) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to taxable years of foreign corporations beginning after
December 31, 2022, and to taxable years of United States
shareholders in which or with which such taxable years of
foreign corporations end.
(2) Subsections (c) and (d).--The amendments made by
subsections (c) and (d) shall apply to taxable years of
foreign corporations beginning after the date of the
enactment of this Act, and to taxable years of United States
shareholders in which or with which such taxable years of
foreign corporations end.
(g) No Inference Regarding Certain Modifications.--The
amendments made by subsections (c) and (d) shall not be
construed to create any inference with respect to the proper
application of any provision of the Internal Revenue Code of
1986 with respect to any taxable year beginning before the
taxable years to which such amendments apply.
SEC. 138128. DEDUCTION FOR FOREIGN SOURCE PORTION OF
DIVIDENDS LIMITED TO CONTROLLED FOREIGN
CORPORATIONS, ETC.
(a) In General.--Section 245A is amended--
(1) in subsections (a), (c)(1), and (c)(2), by striking
``specified 10-percent owned foreign corporation'' each place
it appears and inserting ``controlled foreign corporation'',
and
(2) by striking subsection (b).
(b) Modifications Related to Determination of Status as a
Controlled Foreign Corporation.--
(1) Subpart F of part III of subchapter N of chapter 1 is
amended by inserting after section 951A the following new
section:
``SEC. 951B. AMOUNTS INCLUDED IN GROSS INCOME OF FOREIGN
CONTROLLED UNITED STATES SHAREHOLDERS.
``(a) In General.--In the case of any foreign controlled
United States shareholder of a foreign controlled foreign
corporation--
``(1) this subpart (other than sections 951A, 951(b), and
957) shall be applied with respect to such shareholder
(separately from, and in addition to, the application of this
subpart without regard to this section)--
``(A) by substituting `foreign controlled United States
shareholder' for `United States shareholder' each place it
appears therein, and
``(B) by substituting `foreign controlled foreign
corporation' for `controlled foreign corporation' each place
it appears therein, and
``(2) section 951A shall be applied with respect to such
shareholder --
[[Page H6547]]
``(A) by treating each reference to `United States
shareholder' in such sections as including a reference to
such shareholder, and
``(B) by treating each reference to `controlled foreign
corporation' in such sections as including a reference to
such foreign controlled foreign corporation.
``(b) Foreign Controlled United States Shareholder.--For
purposes of this section, the term `foreign controlled United
States shareholder' means, with respect to any foreign
corporation, any United States person which would be a United
States shareholder with respect to such foreign corporation
if--
``(1) section 951(b) were applied by substituting `more
than 50 percent' for `10 percent or more', and
``(2) section 958(b) were applied without regard to
paragraph (4) thereof.
``(c) Foreign Controlled Foreign Corporation.--For purposes
of this section, the term `foreign controlled foreign
corporation' means a foreign corporation, other than a
controlled foreign corporation, which would be a controlled
foreign corporation if section 957(a)(1) were applied--
``(1) by substituting `foreign controlled United States
shareholders' for `United States shareholders', and
``(2) by substituting `section 958(b) (other than paragraph
(4) thereof)' for `section 958(b)'.
``(d) Regulations.--The Secretary shall prescribe such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this section,
including regulations or other guidance--
``(1) to treat a foreign controlled United States
shareholder or a foreign controlled foreign corporation as a
United States shareholder or as a controlled foreign
corporation, respectively, for purposes of provisions of this
title other than this subpart, and
``(2) to prevent the avoidance of the purposes of this
section.''.
(2) Section 957(a) is amended to read as follows:
``(a) Controlled Foreign Corporation.--For purposes of this
title--
``(1) In general.--The term `controlled foreign
corporation' means any foreign corporation if more than 50
percent of--
``(A) the total combined voting power of all classes of
stock of such corporation entitled to vote, or
``(B) the total value of the stock of such corporation,
is owned (within the meaning of section 958(a)), or is
considered as owned by applying the rules of ownership of
section 958(b), by United States shareholders on any day
during the taxable year of such foreign corporation.
``(2) Election to treat a foreign corporation as a
controlled foreign corporation for certain purposes.--
``(A) In general.--In the case of a foreign corporation
with respect to which an election is in effect under this
paragraph, such foreign corporation shall be treated as a
controlled foreign corporation for purposes of this title.
``(B) Exceptions.--Notwithstanding any other provision of
this paragraph, a foreign corporation shall not be treated as
a controlled foreign corporation by reason of this paragraph
for purposes of any provision of this title if the Secretary
determines that treatment of such foreign corporation as a
controlled foreign corporation for purposes of such provision
would be inconsistent with the purposes of this subchapter.
``(C) Election.--
``(i) By whom.--An election under subparagraph (A) shall be
effective only if made by the foreign corporation and by all
United States shareholders of such foreign corporation
(determined as of the time of such election by such foreign
corporation).
``(ii) With respect to whom.--Any election under this
paragraph, once effective, shall apply to such foreign
corporation and to all United States shareholders of such
foreign corporation (including any person who becomes a
United States shareholder of such foreign corporation after
such election takes effect).
``(iii) Time, manner, etc.--The election under this
paragraph shall be made at such time and in such manner as
the Secretary may provide and, once effective, may be revoked
only with the consent of the Secretary.
``(D) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this paragraph,
including regulations or other guidance for the application
of this paragraph to an acquisition described in section
381(a) with respect to any corporation to which an election
under this paragraph applies.''.
(3) Section 958(b) is amended--
(A) by inserting after paragraph (3) the following:
``(4) Subparagraphs (A), (B), and (C) of section 318(a)(3)
shall not be applied so as to consider a United States person
as owning stock which is owned by a person who is not a
United States person.'', and
(B) by striking ``Paragraph (1)'' in the last sentence and
inserting ``Paragraphs (1) and (4)''.
(4) Section 959(b) is amended--
(A) by striking ``the earnings and profits of a controlled
foreign corporation'' and inserting ``the earnings and
profits of a foreign corporation'',
(B) by striking ``another controlled foreign corporation''
and inserting ``a controlled foreign corporation'',
(C) by striking ``such other controlled foreign
corporation'' and inserting ``such controlled foreign
corporation'', and
(D) by striking ``of such United States shareholder in the
controlled foreign corporation'' and inserting ``of such
United States shareholder in the foreign corporation''.
(5) The table of sections for subpart F of part III of
subchapter N of chapter 1 is amended by inserting after the
item relating to section 951A the following new item:
``Sec. 951B. Amounts included in gross income of foreign controlled
United States shareholders.''.
(c) Certain Other Modifications.--
(1) Section 245A(e)(4) is amended by striking ``an amount
received'' and all that follows through ``for which the
controlled foreign corporation received a deduction'' and
inserting ``any dividend received from a controlled foreign
corporation for which such controlled foreign corporation
received a deduction''.
(2) Section 245A(g) is amended to read as follows:
``(g) Regulations.--The Secretary shall prescribe such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this section,
including regulations or other guidance for--
``(1) the treatment of United States shareholders owning
stock of a controlled foreign corporation through a
partnership, and
``(2) the denial of all or a portion of the deduction under
this section with respect to dividends received from foreign
corporations in situations in which--
``(A) any portion of the dividend is out of earnings and
profits arising from transactions with related parties
which--
``(i) do not occur in the ordinary course of a trade or
business, and
``(ii) occur on or after January 1, 2018, and during a
taxable year to which section 951A did not apply, or
``(B) a transfer or issuance of stock on or after January
1, 2018, results in a reduction in a United States
shareholder's pro rata share of a controlled foreign
corporation's subpart F income or tested income (as defined
in section 951A).''.
(d) Conforming Amendments.--
(1) Section 91 is amended--
(A) in subsection (a), by striking ``specified 10-percent
owned foreign corporation (as defined in section 245A)'' and
inserting ``controlled foreign corporation'', and
(B) in subsection (e), by striking ``specified 10-percent
owned foreign corporation'' and inserting ``controlled
foreign corporation''.
(2)(A) The heading of section 245A is amended by striking
``specified 10-percent owned foreign corporations'' and
inserting ``controlled foreign corporations''.
(B) The item relating to section 245A in the table of
sections for part VIII of subchapter B of chapter 1 is
amended by striking ``specified 10-percent owned foreign
corporations'' and inserting ``controlled foreign
corporations''.
(3) Section 246(c)(5) is amended--
(A) in subparagraph (B), by striking ``specified 10-percent
owned foreign corporation'' each place it appears and
inserting ``controlled foreign corporation'', and
(B) by striking ``specified 10-percent owned foreign
corporation'' in the heading and inserting ``controlled
foreign corporation''.
(4) Section 904 is amended--
(A) in subsection (b)(4), by striking ``specified 10-
percent owned foreign corporation'' both places it appears
and inserting ``controlled foreign corporation'', and
(B) in subsection (d)(2)(E)--
(i) in clause (i)(I), by striking ``(as defined in section
245A(b))'', and
(ii) by redesignating clause (ii) as clause (iii) and by
inserting after clause (i) the following new clause:
``(ii) Specified 10-percent owned foreign corporation.--For
purposes of this subparagraph--
``(I) In general.--The term `specified 10-percent owned
foreign corporation' means any foreign corporation with
respect to which any domestic corporation is a United States
shareholder with respect to such corporation.
``(II) Exclusion of passive foreign investment companies.--
Such term shall not include any corporation which is a
passive foreign investment company (as defined in section
1297) with respect to the shareholder and which is not a
controlled foreign corporation.''.
(5) Section 909(b) is amended by striking ``(as defined in
section 245A(b) without regard to paragraph (2) thereof)''
and inserting ``(as defined in section 904(d)(2)(E)(ii)
without regard to subclause (II) thereof)''.
(6) Section 961(d) is amended--
(A) by striking ``specified 10-percent owned foreign
corporation (as defined in section 245A)'' and inserting
``controlled foreign corporation'', and
(B) by striking ``Specified 10-percent Owned Foreign
Corporation'' in the heading and inserting ``Controlled
Foreign Corporation''.
(e) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to distributions made after the date of the enactment of this
Act.
(2) Modifications related to determination of status as a
controlled foreign corporation.--The amendments made by
subsection (b) shall apply to taxable years of foreign
corporations beginning after the date of the enactment of
this Act, and taxable years of United States persons in which
or with which such taxable years of foreign corporations end.
(f) No Inference Regarding Certain Modifications.--The
amendments made by subsections (b)(1), (b)(3), (b)(5), and
(c) shall not be construed to create any inference with
respect to the proper application of any provision of the
Internal Revenue Code of 1986 with respect to distributions
made, or taxable years beginning, respectively, before the
distributions or taxable years, respectively, to which such
amendments apply.
SEC. 138129. LIMITATION ON FOREIGN BASE COMPANY SALES AND
SERVICES INCOME.
(a) Foreign Base Company Sales Income.--
[[Page H6548]]
(1) In general.--Section 954(d)(2) is amended to read as
follows:
``(2) Limitation and regulatory authority.--
``(A) In general.--For purposes of this subsection, the
term `related person' shall not include any person unless
such person is--
``(i) a taxable unit which is a tax resident of (or, in the
case of a branch, is located in) the United States, or
``(ii) is subject to tax under this chapter by reason of
such person's activities in the United States.
``(B) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this subsection (and
subsection (e)), including--
``(i) regulations or other guidance providing for the
proper application of subparagraph (A) in the case of a
transaction (or series of transactions) in which a person
described in subparagraph (A) is a party, and
``(ii) regulations or other guidance providing that a pass-
through entity or branch held directly or indirectly by a
controlled foreign corporation (whether tax resident or
located inside or outside the country in which the controlled
foreign corporation is a tax resident) shall be treated as a
wholly owned subsidiary of the controlled foreign
corporation.
``(C) Certain terms.--Any term used in this subsection or
subsection (e) which is also used in section 904(e) shall
have the same meaning as when used in such section.''.
(2) Conforming amendment.--Section 954(d)(1)(A) is amended
by striking ``under the laws of which the controlled foreign
corporation is created or organized'' and inserting ``in
which the controlled foreign corporation is a tax resident''.
(b) Foreign Base Company Services Income.--
(1) In general.--Section 954(e)(1)(A) is amended by
striking ``subsection (d)(3)'' and inserting ``subsection
(d)''.
(2) Conforming amendment.--Section 954(e)(1)(B) is amended
by striking ``under the laws of which the controlled foreign
corporation is created or organized'' and inserting ``in
which the controlled foreign corporation is a tax resident''.
(c) Certain Other Modifications.--
(1) Section 78 is amended by striking ``, (b),''.
(2)(A) Section 951(a) is amended to read as follows:
``(a) Amounts Included.--
``(1) In general.--If a foreign corporation is a controlled
foreign corporation on any day during a taxable year, every
person who is a United States shareholder of such
corporation, and who owns (within the meaning of section
958(a)) stock in such corporation on any such day, shall
include in such shareholder's gross income for such
shareholder's taxable year in which or with which such
taxable year of such corporation ends--
``(A) his pro rata share (determined under paragraph (2))
of the corporation's subpart F income for such year, and
``(B) if such shareholder owns (within the meaning of
section 958(a)) stock of such foreign corporation as of the
close of the last relevant day of such foreign corporation's
taxable year, the amount determined under section 956 with
respect to such shareholder for such year (but only to the
extent not excluded from gross income under section
959(a)(2)).
``(2) Pro rata share of subpart f income.--In the case of
any United States shareholder with respect to a foreign
corporation, the pro rata share referred to in paragraph
(1)(A) is the sum of--
``(A) if such shareholder owns (within the meaning of
section 958(a)) stock of such foreign corporation as of the
close of the last relevant day of such foreign corporation's
taxable year, such shareholder's general pro rata share
determined under paragraph (3), plus
``(B) if such shareholder owns (within the meaning of
section 958(a)) stock of such foreign corporation during such
taxable year but does not own (within the meaning of section
958(a)) such stock as of the close of such last relevant day,
such shareholder's nontaxed current dividend share determined
under paragraph (4).
``(3) General pro rata share.--
``(A) In general.--In the case of any United States
shareholder with respect to a foreign corporation, the
general pro rata share determined under this paragraph is the
excess (if any) of--
``(i) the pro rata current earnings percentage of the
amount which bears the same ratio to such corporation's
subpart F income for the taxable year (reduced by the
aggregate nontaxed current dividend shares determined under
paragraph (4) with respect to such shareholder or any other
United States shareholder) as the part of such year during
which such corporation is a controlled foreign corporation
bears to the entire year, over
``(ii) the lesser of--
``(I) the amount of any pre-holding period dividends with
respect to stock of such foreign corporation which such
shareholder owns (within the meaning of section 958(a)) as of
the close of the last relevant day of such foreign
corporation's taxable year, or
``(II) the amount which bears the same ratio to the subpart
F income of such corporation for the taxable year (reduced by
the aggregate nontaxed current dividend shares determined
under paragraph (4) with respect to such shareholder or any
other United States shareholder) as the part of such year
during which such shareholder did not own (within the meaning
of section 958(a)) such stock bears to the entire year.
``(B) Pro rata current earnings percentage.--For purposes
of subparagraph (A)(i), the term `pro rata current earnings
percentage' means, in the case of any United States
shareholder with respect to a foreign corporation for any
taxable year of such foreign corporation, the ratio
(expressed as a percentage) of--
``(i) the amount which would have been distributed with
respect to the stock which such shareholder owns (within the
meaning of section 958(a)) in such corporation if on the last
relevant day of such taxable year it had distributed its
earnings and profits for such taxable year (computed as of
the close of such taxable year without diminution by reason
of any distributions made during such taxable year), divided
by
``(ii) such corporation's earnings and profits for such
taxable year (as so computed).
``(C) Pre-holding period dividends.--For purposes of
subparagraph (A)(ii)(I), the term `pre-holding period
dividends' means, in the case of any United States
shareholder with respect to a foreign corporation for any
taxable year of such foreign corporation, dividends which
are--
``(i) made out of such corporation's earnings and profits
for the taxable year (other than nontaxed current dividends
as defined in paragraph (4)(C)), and
``(ii) received--
``(I) by any other United States person with respect to
stock of such foreign corporation which such shareholder owns
(within the meaning of section 958(a)) as of the close of the
last relevant day of such foreign corporation's taxable year,
and
``(II) while such foreign corporation was a controlled
foreign corporation and before such shareholder owned (within
the meaning of section 958(a)) such stock.
``(4) Nontaxed current dividend share.--
``(A) In general.--In the case of any United States
shareholder with respect to a foreign corporation, the
nontaxed current dividend share determined under this
paragraph is the nontaxed current dividend percentage of the
subpart F income of such foreign corporation for the taxable
year.
``(B) Nontaxed current dividend percentage.--For purposes
of this paragraph, the term `nontaxed current dividend
percentage' means, in the case of any United States
shareholder with respect to a foreign corporation for any
taxable year of such foreign corporation, the ratio
(expressed as a percentage) of--
``(i) the amount of nontaxed current dividends with respect
to such taxable year received with respect to the stock of
such foreign corporation which such shareholder owns (within
the meaning of section 958(a)) at the time of the dividend on
a day in which such corporation is a controlled foreign
corporation, divided by
``(ii) such foreign corporation's earnings and profits for
such taxable year (computed as of the close of such taxable
year without diminution by reason of any distributions made
during such taxable year).
``(C) Nontaxed current dividends.--For purposes of this
paragraph, the term `nontaxed current dividends' means the
portion of any amount received with respect to stock to the
extent such amount (without regard to amounts included in the
gross income of a United States shareholder for the taxable
year by reason of this subpart)--
``(i) would result in a dividend out of the corporation's
earnings and profits for the taxable year (including a
dividend under section 1248 attributable to earnings and
profits for the taxable year), and
``(ii) either--
``(I) would give rise to a deduction under section 245A(a),
or
``(II) in the case of a dividend paid directly or
indirectly to a controlled foreign corporation with respect
to stock owned by the shareholder within the meaning of
section 958(a)(2), would not result in subpart F income with
respect to such controlled foreign corporation by reason of
subsection (b)(4), (c)(3), or (c)(6) of section 954.
``(5) Last relevant day of taxable year of a controlled
foreign corporation.--For purposes of this subsection, the
term `last relevant day' means, with respect to any taxable
year of a foreign corporation, the last day of such taxable
year on which such corporation is a controlled foreign
corporation.
``(6) Regulations.--The Secretary may prescribe such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this subsection,
including regulations or other guidance--
``(A) to treat a partnership as an aggregate of its
partners,
``(B) to provide rules allowing a foreign corporation to
close its taxable year upon a change in ownership, and
``(C) to treat a distribution followed by an issuance of
stock to a shareholder not subject to tax under this chapter
in the same manner as an acquisition of stock.''.
(B) Section 951A(a) is amended to read as follows:
``(a) In General.--If a foreign corporation is a controlled
foreign corporation on any day during a taxable year, every
person who is a United States shareholder of such
corporation, and who owns (within the meaning of section
958(a)) stock in such corporation on any such day, shall
include in such shareholder's gross income for such
shareholder's taxable year in which or with which such
taxable year of such corporation ends, such shareholder's
global intangible low-taxed income for such taxable year.''.
(C) Section 951A(e) is amended to read as follows:
``(e) Determination of Pro Rata Shares.--For purposes of
this section, the pro rata shares referred to in subsections
(b), (c)(1)(A), and (c)(1)(B), respectively, shall be
determined under rules similar to the rules of section
951(a)(2) and shall be taken into account in the taxable year
of the United States shareholder in which or with which the
taxable year of the controlled foreign corporation ends.''.
[[Page H6549]]
(D) Section 953(c)(5)(A)(i) is amended--
(i) in subclause (I), by adding ``and'' at the end,
(ii) in subclause (II)--
(I) by striking ``on the last day of the taxable year'' and
inserting ``during the taxable year'', and
(II) by striking ``and'' at the end and inserting ``or'',
and
(iii) by striking subclause (III).
(3) Section 959 is amended by adding at the end the
following:
``(g) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this section.''.
(4) Section 961(b)(1) is amended by inserting after the
first sentence the following: ``The Secretary shall prescribe
such other reductions to basis as are necessary or
appropriate to carry out the purposes of this section.''.
(5) Section 961(c) is amended--
(A) by striking ``Basis Adjustments in'' in the heading of
such subsection and inserting ``Application of Rules to'',
and
(B) by striking ``then adjustments similar to'' and all
that follows in such subsection and inserting ``then rules
similar to the rules of subsections (a) and (b) shall apply
to--
``(1) such stock,
``(2) stock in any other controlled foreign corporation by
reason of which the United States shareholder is considered
under section 958(a)(2) as owning the stock described in
paragraph (1), and
``(3) property by reason of which the United States
shareholder is considered as owning stock described in
paragraph (1) or (2),
but only for purposes of determining the amount included
under section 951 in the gross income of such United States
shareholder (or any other United States shareholder who
acquires from any person any portion of the interest of such
United States shareholder by reason of which such shareholder
was treated as owning such stock, but only to the extent of
such portion, and subject to such proof of identity of such
interest as the Secretary may prescribe by regulations). The
preceding sentence shall not apply with respect to any stock
or property to which subsection (a) or (b) applies.''.
(d) Effective Dates.--The amendments made by this section
shall apply to taxable years of foreign corporations
beginning after December 31, 2021, and to taxable years of
United States shareholders in which or with which such
taxable years of foreign corporations end.
(e) No Inference Regarding Certain Modifications.--The
amendments made by paragraphs (1) and (2) of subsection (c)
shall not be construed to create any inference with respect
to the proper application of any provision of the Internal
Revenue Code of 1986 with respect to any taxable year
beginning before the taxable years to which such amendments
apply.
Subpart D--Inbound International Provisions
SEC. 138131. MODIFICATIONS TO BASE EROSION AND ANTI-ABUSE
TAX.
(a) Modifications to Base Erosion Minimum Tax Amount.--
(1) Modification of rates.--Section 59A(b)(1)(A) is amended
by striking ``10 percent (5 percent in the case of taxable
years beginning in calendar year 2018)'' and inserting ``the
applicable percentage''.
(2) Base erosion minimum tax amount determined without
regard to credits.--Section 59A(b)(1)(B) is amended to read
as follows:
``(B) an amount equal to the regular tax liability (as
defined in section 26(b)) of the taxpayer for the taxable
year.''.
(3) Applicable percentage.--Section 59A(b)(2) is amended to
read as follows:
``(2) Applicable percentage.--For purposes of this section,
the term `applicable percentage' means--
``(A) in the case of any taxable year beginning after
December 31, 2021, and before January 1, 2023, 10 percent,
``(B) in the case of any taxable year beginning after
December 31, 2022, and before January 1, 2024, 12.5 percent,
``(C) in the case of any taxable year beginning after
December 31, 2023, and before January 1, 2025, 15 percent,
and
``(D) in the case of any taxable year beginning after
December 31, 2024, 18 percent.''.
(4) Taxpayers subject to rules for banks and securities
dealers.--Section 59A(b)(3)(B) is amended to read as follows:
``(B) Taxpayer described.--A taxpayer is described in this
subparagraph if such taxpayer is--
``(i) a bank (as defined in section 585(a)(2)),
``(ii) a securities dealer registered under section 15(a)
of the Securities Exchange Act of 1934, or
``(iii) a member of an affiliated group (as defined in
section 1504(a)(1), determined without regard to section
1504(b)(3)) which includes any person described in clause (i)
or (ii).''.
(5) Termination of increased rate for banks and securities
dealers.--Section 59A(b)(3) is amended by adding at the end
the following new subparagraph:
``(C) Termination.--Subparagraph (A) shall not apply to any
taxable year beginning after December 31, 2024.''.
(6) General business credit allowed against base erosion
and anti-abuse tax.--Section 38(c)(1) is amended by striking
``the tax imposed by section 55'' and inserting ``the taxes
imposed by sections 55 and 59A''.
(7) Conforming amendments.--
(A) Section 59A(b)(3)(A) is amended by striking
``paragraphs (1)(A) and (2)(A) shall each'' and inserting
``paragraph (2) shall''.
(B) Section 59A(b) is amended by striking paragraph (4).
(b) Modification of Rules for Determining Modified Taxable
Income.--
(1) In general.--Section 59A(c) is amended to read as
follows:
``(c) Modified Taxable Income.--For purposes of this
section--
``(1) In general.--The term `modified taxable income' means
the taxable income of the taxpayer computed under this
chapter for the taxable year with the following adjustments:
``(A) Base erosion payments.--Taxable income shall be
determined without regard to any base erosion tax benefit,
including for purposes of determining the adjusted basis of
property described in subsection (d)(2).
``(B) Adjustments with respect to cost of goods sold.--Cost
of goods sold shall be determined without regard to any base
erosion payment described in subparagraph (A) or (B) of
subsection (d)(5).
``(C) Net operating losses.--The net operating loss
deduction for the taxable year under section 172 shall be
determined--
``(i) by substituting `modified taxable income (as
determined under section 59A(c)(1) without regard to
subparagraph (C) thereof)' for `taxable income' in section
172(a)(2)(B)(ii)(I),
``(ii) by determining any net operating loss arising in any
taxable year beginning after December 31, 2021, without
regard to any base erosion tax benefit (determined with
respect to each such taxable year), and
``(iii) by making appropriate adjustments in the
application of section 172(b)(2) to take into account clauses
(i) and (ii) of this subparagraph.
``(D) Application of certain other adjustments.--Except as
otherwise provided by the Secretary, rules similar to the
rules of subsections (g) and (h) of section 59 shall apply.
``(2) Base erosion tax benefit.--The term `base erosion tax
benefit' means--
``(A) any deduction allowed under this chapter for the
taxable year with respect to any base erosion payment
described in subsection (d)(1),
``(B) in the case of a base erosion payment described in
subsection (d)(2), any deduction allowed under this chapter
for the taxable year for depreciation (or amortization in
lieu of depreciation) with respect to property referred to in
subparagraph (A) or (B) of such subsection to the extent of
the amounts described in such subsection with respect to such
property,
``(C) in the case of a base erosion payment described in
subsection (d)(3)--
``(i) any reduction under section 803(a)(1)(B) in the gross
amount of premiums and other consideration on insurance and
annuity contracts for premiums and other consideration
arising out of indemnity insurance, and
``(ii) any deduction under section 832(b)(4)(A) from the
amount of gross premiums written on insurance contracts
during the taxable year for premiums paid for reinsurance,
and
``(D) in the case of a base erosion payment described in
subsection (d)(4), any reduction in gross receipts with
respect to such payment in computing gross income of the
taxpayer for the taxable year for purposes of this
chapter.''.
(2) Certain payments with respect to property produced by
the taxpayer.--Section 59A(d)(2) is amended to read as
follows:
``(2) Treatment of certain related-party payments with
respect to depreciable property.--Such term shall also
include any amount paid or accrued by the taxpayer to a
foreign person which is a related party of the taxpayer in
connection with--
``(A) the acquisition by the taxpayer from such person of
property of a character subject to the allowance for
depreciation (or amortization in lieu of depreciation), or
``(B) property produced by the taxpayer that is of a
character subject to the allowance for depreciation (or
amortization in lieu of depreciation) if such amount is
required to be capitalized under section 263A, including
payments in respect of indebtedness or services.''.
(3) Certain payments with respect to inventory treated as
base erosion payments.--Section 59A(d) is amended by
redesignating paragraph (5) as paragraph (6) and by inserting
after paragraph (4) the following new paragraph:
``(5) Certain payments with respect to inventory.--
``(A) Indirect costs included in inventory under section
263A.--Such term shall also include any amount paid or
incurred by the taxpayer to a foreign person which is a
related party of the taxpayer if such amount is described in
paragraph (2)(B) of section 263A(a) and required to be
included in inventory costs of the taxpayer under paragraph
(1)(A) of such section. Such term shall also include any
amount paid or incurred by the taxpayer to a foreign person
which is a related party of the taxpayer if such amount is
capitalized to the basis of property that is of a character
subject to the allowance for depreciation (or amortization in
lieu of depreciation), and the depreciation (or amortization
in lieu of depreciation) is required to be included in
inventory costs of the taxpayer under section 263A(a)(1)(A).
``(B) Certain costs of foreign related parties.--Such term
shall also include so much of any amount which is paid or
incurred by the taxpayer to a foreign person which is a
related party of the taxpayer, is described in paragraph
(2)(A) of section 263A(a), and is required to be included in
inventory costs of the taxpayer under paragraph (1)(A) of
such section, as exceeds the sum of--
``(i) the direct costs of such property in the hands of
such foreign person, plus
``(ii) so much of the costs described in section
263A(a)(2)(B) with respect to such property in the hands of
such foreign person as the taxpayer demonstrates to the
satisfaction of the Secretary are attributable to amounts--
``(I) paid or incurred by such foreign person to a United
States person or a person which is not a related party of the
taxpayer, or
``(II) otherwise subject to the tax imposed by this
chapter.
``(C) Application to related-party transactions.--In the
case of direct costs otherwise
[[Page H6550]]
described in clause (i) of subparagraph (B) which are paid or
incurred by the foreign person referred to in such clause to
another foreign person which is a related party of the
taxpayer, such costs shall be taken into account under such
clause only to the extent that the taxpayer demonstrates to
the satisfaction of the Secretary that such costs are
attributable to amounts--
``(i) paid or incurred (directly or indirectly) to a United
States person or a person which is not a related party of the
taxpayer, or
``(ii) otherwise subject to the tax imposed by this
chapter.
``(D) Safe harbor with respect to indirect costs of foreign
related parties.--In the case of a taxpayer which elects the
application of this subparagraph (at such time, in such
manner, and with respect to such inventory property, as the
Secretary may provide), the amount described in subparagraph
(B)(ii) with respect to such property shall be treated for
purposes of this section as being equal to 20 percent of the
amount paid or incurred by the taxpayer to the related party
of the taxpayer in connection with the acquisition of such
property.
``(E) Application of certain rules.--Rules similar to the
rules of subparagraphs (B) and (C) of subsection (i)(1) shall
apply for purposes of determining whether any amount is
treated as subject to the tax imposed by this chapter for
purposes of subparagraph (B) or (C) of this paragraph.''.
(4) Expansion and consolidation of rules to exempt certain
payments from treatment as base erosion payments.--
(A) In general.--Section 59A is amended by redesignating
subsection (i) as subsection (j) and by inserting after
subsection (h) the following new subsection:
``(i) Certain Payment Not Treated as Base Erosion
Payments.--
``(1) Exception for payments on which tax is imposed.--
``(A) In general.--An amount shall not be treated as a base
erosion payment if tax is (or was at the time of payment or
accrual) imposed by this chapter with respect to such amount
(other than by this section).
``(B) Treatment of certain deductions.--For purposes of
subparagraph (A), tax shall be treated as imposed by this
chapter without regard to any deduction allowed under part
VIII of subchapter B.
``(C) Application of certain rules.--The amount not treated
as a base erosion payment by reason of this paragraph shall
be determined under rules similar to the rules of section
163(j)(5) (as in effect before the date of the enactment of
Public Law 115-97).
``(2) Exception for certain payments subject to sufficient
foreign tax.--
``(A) In general.--An amount shall not be treated as a base
erosion payment if the taxpayer establishes to the
satisfaction of the Secretary that such amount was made to a
foreign person which is a related party of the taxpayer that
is subject to an effective rate of foreign income tax (as
defined in section 904(d)(2)(F)) which is not less than the
lesser of--
``(i) 15 percent, or
``(ii) the applicable percentage in effect under subsection
(b)(2) (determined without regard to subsection (b)(3)) for
the taxable year in which such amount is paid or accrued.
``(B) Certain payments to related parties.--To the extent
provided by the Secretary in regulations, an amount paid to a
foreign person which is a related party of the taxpayer shall
be treated as paid to another foreign person which is a
related party of the taxpayer if such second foreign person
is subject to an effective rate of foreign income tax (as
defined in section 904(d)(2)(F)) which is less than the
lesser of 15 percent or the percentage described in
subparagraph (A)(ii), to the extent the amount so paid
directly or indirectly funds a payment to such second foreign
person.
``(C) Determination on basis of applicable financial
statements.--Except as otherwise provided by the Secretary
under subparagraph (D), the effective rate of foreign income
tax with respect to any amount may be established on the
basis of applicable financial statements (as defined in
section 451(b)(3)).
``(D) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this paragraph,
including regulations or other guidance providing procedures
for determining the effective rate of foreign income tax to
which any amount is subject. Such procedures may require that
any transaction or series of transactions among multiple
parties be recharacterized as one or more transactions
directly among any 2 or more of such parties where the
Secretary determines that such recharacterization is
appropriate to carry out, or prevent avoidance of, the
purposes of this section.
``(3) Exception for certain amounts with respect to
services.--Subsections (d)(1) and (d)(5)(A) shall not apply
to so much of any amount paid or accrued by a taxpayer for
services as does not exceed the total services cost of such
services. The preceding sentence shall not apply unless such
services meet the requirements for eligibility for use of the
services cost method under section 482 (determined without
regard to the requirement that the services not contribute
significantly to fundamental risks of business success or
failure).''.
(B) Conforming amendment.--Section 59A(d), as amended by
paragraph (2), is amended by striking paragraph (6).
(c) Termination of Exemption From Base Erosion and Anti-
abuse Tax for Taxpayers With Low Base Erosion Percentage.--
Section 59A(e)(1)(C) is amended by striking ``the base
erosion percentage (as determined under subsection (c)(4))''
and inserting ``in the case of any taxable year beginning
before January 1, 2024, the base erosion percentage (as
determined under subsection (c)(4) as in effect before the
date of the enactment of the Act enacted during the 117th
Congress which is entitled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14.')''.
(d) Treatment of Applicable Taxpayers.--Section 59A(e) is
amended by adding at the end the following new paragraph:
``(4) Continuation of treatment as applicable taxpayer.--If
a taxpayer is an applicable taxpayer with respect to any
taxable year beginning after December 31, 2021 (other than by
reason of this paragraph), such taxpayer (and any successor
of such taxpayer) shall be an applicable taxpayer with
respect to each of the 10 succeeding taxable years.''.
(e) Other Modifications.--
(1) Section 59A(b)(1) is amended by striking ``Except as
provided in paragraphs (2) and (3), the'' and inserting
``The''.
(2) Section 59A(h)(2)(B) is amended by striking ``section
6038B(b)(2)'' and inserting ``section 6038A(b)(2)''.
(3) Section 59A(j)(2), as redesignated by subsection (b),
is amended by striking ``subsection (g)(3)'' and inserting
``subsection (h)(3)''.
(f) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
Subpart E--Other Business Tax Provisions
SEC. 138141. CREDIT FOR CLINICAL TESTING OF ORPHAN DRUGS
LIMITED TO FIRST USE OR INDICATION.
(a) In General.--Section 45C(b)(2)(B) is amended to read as
follows:
``(B) Testing must be related to first use or indication
for rare disease or condition.--Human clinical testing may be
taken into account under subparagraph (A) only to the extent
such testing is related to the first use or indication with
respect to which a drug for a rare disease or condition is
designated under section 526 of the Federal Food, Drug, and
Cosmetic Act.''.
(b) Eligible Testing Must Be Conducted Before Approval for
Any Use or Indication.--Section 45C(b)(2)(A)(ii)(II) is
amended to read as follows:
``(II) before the first date on which an application (with
respect to any use or indication with respect to any disease
or condition) with respect to such drug is approved under
section 505(c) of such Act or, if the drug is a biological
product, before the first date on which a license (with
respect to any use or indication with respect to any disease
or condition) for such drug is issued under section 351(a) of
the Public Health Service Act, and''.
(c) Eligibility of Biological Products.--
(1) In general.--Section 45C(b)(2)(A)(i) is amended by
inserting ``or, if the drug is a biological product, section
351(a)(3) of the Public Health Service Act'' before the comma
at the end.
(2) Conforming amendment.--Section 45C(b)(2)(A)(ii)(I) is
amended by striking ``such Act'' and inserting ``the Federal
Food, Drug, and Cosmetic Act''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 138142. MODIFICATIONS TO TREATMENT OF CERTAIN LOSSES.
(a) Losses From Certain Capital Assets Which Become
Worthless.--
(1) When treated as loss.--Section 165(g)(1) is amended by
striking ``on the last day of the taxable year'' and
inserting ``at the time of the identifiable event
establishing worthlessness''.
(2) Treatment of partnership indebtedness.--Section
165(g)(2)(C) is amended by inserting ``, by a partnership,''
after ``by a corporation''.
(3) Treatment of abandonment.--Section 165(g) is amended by
adding at the end the following new paragraph:
``(4) Treatment of abandonment.--For purposes of this
subsection and subsection (m), abandonment shall be treated
as an identifiable event establishing worthlessness.''.
(4) Treatment of partnership interest.--Section 165 is
amended by redesignating subsection (m) as subsection (n) and
by inserting after subsection (l) the following new
subsection:
``(m) Worthless Partnership Interest.--If any interest in a
partnership becomes worthless during the taxable year, the
loss resulting therefrom shall, for purposes of this
subtitle, be treated as a loss from the sale or exchange of
the interest in the partnership at the time of the
identifiable event establishing worthlessness.''.
(b) Deferral of Losses in Certain Controlled Group
Corporate Liquidations.--Section 267 is amended by adding at
the end the following new subsection:
``(h) Deferral of Losses in Certain Controlled Group
Liquidations.--
``(1) In general.--In the case of any specified controlled
group liquidation, no loss shall be recognized by any member
of the controlled group on any stock or security of the
liquidating corporation until all property received by
members of the controlled group in connection with such
liquidation has been transferred to one or more persons who
are not related (within the meaning of subsection (b)(3) or
section 707(b)(1)) to the member which received such
property.
``(2) Specified controlled group liquidation.--For purposes
of this subsection, the term `specified controlled group
liquidation' means, with respect to any corporation which is
a member of a controlled group--
``(A) one or more distributions in complete liquidation
(within the meaning of section 346) of such corporation,
``(B) any other transfer (including any series of
transfers) of property of such corporation if any stock or
security of such corporation becomes worthless in connection
with such transfer, and
``(C) any issuance of debt by such corporation to one or
more persons who are related (within
[[Page H6551]]
the meaning of subsection (b)(3) or section 707(b)(1)) to
such corporation if any stock or security of such corporation
becomes worthless in connection with such issuance.
``(3) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this subsection,
including to apply the principles of this subsection to
liquidating corporation stock or securities owned by a
corporation indirectly through 1 or more partnerships.''.
(c) Cross Reference.--Section 331(c) is amended--
(1) by striking ``Cross Reference'' and all that follows
through ``For general rule'' and inserting the following:
``Cross Reference.--
``(1) For general rule'', and
(2) by adding at the end the following new paragraph:
``(2) For losses in controlled group liquidations, see
section 267(h).''.
(d) Effective Date.--
(1) Subsection (a).--The amendments made by this section
shall apply to losses arising in taxable years beginning
after December 31, 2021.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to liquidations on or after the date of the
enactment of this Act.
SEC. 138143. ADJUSTED BASIS LIMITATION FOR DIVISIVE
REORGANIZATION.
(a) In General.--Section 361 is amended by adding at the
end the following new subsections:
``(d) Adjusted Basis Limitation for Divisive
Reorganizations.--
``(1) In general.--Except as provided in paragraph (2), in
the case of a reorganization described in section
368(a)(1)(D) with respect to which stock or securities of the
controlled corporation (within the meaning of section 355)
are distributed by the distributing corporation (within the
meaning of such section) in a transaction which qualifies
under such section, subsections (b)(3) and (c)(3) shall not
apply to so much of the amount described in clauses (ii) and
(iii) of subparagraph (A) as does not exceed the excess (if
any) of--
``(A) the sum of--
``(i) the total amount of the liabilities assumed (within
the meaning of section 357(c)) by the controlled corporation,
and
``(ii) the total amount of money and the fair market value
of other property transferred to the creditors,
``(iii) the fair market value of the stock described in
section 354(a)(2)(C) and the total principal amount of
obligations of the controlled corporation described in
subsection (c)(2)(B) which are qualified property (as defined
in subsection (c)(2)(B)) transferred to the creditors, over
``(B) the total adjusted bases of the assets transferred by
the distributing corporation to the controlled corporation.
``(2) Exception regarding certain stock or rights to
acquire stock.--Paragraph (1) shall not apply to any stock
(or right to acquire stock) described in subsection
(c)(2)(B).
``(3) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this subsection and
to prevent avoidance of tax through abuse or circumvention of
subsection (b)(3), subsection (c)(3), or this subsection,
including to determine whether a disposition of property or
any other transaction is in connection with the
reorganization or pursuant to the plan of reorganization.
``(e) Cross-references.--For provisions providing for the
inclusion of income or recognition of gain in certain
distributions, see subsections (d), (e), (f), (g), and (h) of
section 355.''.
(b) Conforming Amendments.--
(1) Section 361(b)(3) is amended--
(A) in the first sentence, by inserting ``, and except as
provided in subsection (d)'' after ``paragraph (1)'', and
(B) by striking the second and third sentences.
(2) Section 361(c) is amended--
(A) in paragraph (3), by inserting ``, and except as
provided in subsection (d)'' after ``this subsection'', and
(B) by striking paragraph (5).
(c) Effective Date.--The amendments made by this section
shall apply to reorganizations occurring on or after the date
of the enactment of this Act.
(d) Transition Rule.--The amendments made by this section
shall not apply to any exchange pursuant to a transaction
which is--
(1) made pursuant to a written agreement which was binding
on the date of the enactment of this Act, and at all times
thereafter,
(2) described in a ruling request submitted to the Internal
Revenue Service on or before such date, or
(3) described on or before such date in a public
announcement or in a filing with the Securities and Exchange
Commission.
SEC. 138144. RENTS FROM PRISON FACILITIES NOT TREATED AS
QUALIFIED INCOME FOR PURPOSES OF REIT INCOME
TESTS.
(a) In General.--Section 856(d)(2) is amended by striking
``and'' at the end of subparagraph (B), by striking the
period at the end of subparagraph (C) and inserting ``,
and'', and by adding at the end the following new
subparagraph:
``(D) any amount received or accrued, directly or
indirectly, with respect to any real or personal property
which is primarily used in connection with any correctional,
detention, or penal facility.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 138145. MODIFICATIONS TO EXEMPTION FOR PORTFOLIO
INTEREST.
(a) In General.--Section 871(h)(3)(B)(i) is amended to read
as follows:
``(i) in the case of an obligation issued by a
corporation--
``(I) any person who owns 10 percent or more of the total
combined voting power of all classes of stock of such
corporation entitled to vote, or
``(II) any person who owns 10 percent or more of the total
value of the stock of such corporation, and''.
(b) Effective Date.--The amendment made by this section
shall apply to obligations issued after the date of the
enactment of this Act.
SEC. 138146. CERTAIN PARTNERSHIP INTEREST DERIVATIVES.
(a) In General.--Section 871(m) is amended by adding at the
end the following new paragraph:
``(8) Specified partnership interest income equivalent
payments.--
``(A) In general.--For purposes of this subsection, any
payment made pursuant to a specified notional principal
contract that (directly or indirectly) is contingent upon, or
is determined by reference to, any income or gain in respect
of an interest in a specified partnership (or any other
payment the Secretary determines to be substantially similar)
shall be treated as a dividend equivalent. For purposes of
the preceding sentence, income or gain includes any income or
gain from the deemed disposition of such interest as a result
of the termination of, or payment with respect to, such
contract (determined in the same manner as under section
864(c)(8) but without regard to subparagraph (C) thereof) and
any income or gain described in subsection (a)(1) or section
881(a).
``(B) Specified partnership.--For purposes of this
paragraph, the term `specified partnership' means--
``(i) any publicly traded partnership (as defined in
section 7704(b)) which is not treated as a corporation under
such section, or
``(ii) any other partnership as the Secretary may by
regulation prescribe.
``(C) Exceptions.--
``(i) Certain payments.--Subparagraph (A) shall not apply
to any payment the Secretary determines does not have the
potential for tax avoidance.
``(ii) Certain income.--Under such regulations as the
Secretary shall prescribe, there shall not be taken into
account under subparagraph (A) any payment to the extent
determined by reference to income or gain in respect of an
interest in a specified partnership which would be, if earned
by a nonresident alien individual or a foreign corporation--
``(I) exempt from tax under this chapter, or
``(II) from sources without the United States and not
effectively connected with the conduct of a trade or business
within the United States.
``(D) Treatment of definitions and special rules with
respect to partnerships.--For purposes of this paragraph,
rules similar to the rules and definitions in paragraphs (3),
(4), (5), (6), and (7) shall apply to an interest in a
specified partnership in a manner similar to an underlying
security, and to income or gain in respect of an interest in
a specified partnership in a manner similar to a dividend.
``(E) Regulations.--The Secretary shall issue such
regulations or other guidance as the Secretary determines is
necessary or appropriate to carry out the purposes of this
paragraph, including to apply this paragraph to payments
determined under sale-repurchase agreements or securities
lending transactions with respect to interests in specified
partnerships, to determine the amount of a distribution by a
specified partnership that is income or gain of the
partnership (including the portion thereof that is excepted
under subparagraph (C)) in a manner consistent with section
1441(g), and to require the provision of information by
specified partnerships necessary to determine such amount.''.
(b) Withholding of Tax on Nonresident Aliens.--Section 1441
is amended by redesignating subsection (g) as subsection (h)
and by inserting after subsection (f) the following new
subsection:
``(g) Dividend Equivalents in Case of Certain Specified
Partnerships.--The Secretary may prescribe regulations, under
rules similar to the rules of section 1446, to determine the
amount of a payment in respect of income and gain of a
specified partnership (as defined in 871(m)(8)) which is a
dividend equivalent.''.
(c) Effective Date.--The amendments made by this section
shall apply to payments made after December 31, 2022.
SEC. 138147. ADJUSTMENTS TO EARNINGS AND PROFITS OF
CONTROLLED FOREIGN CORPORATIONS.
(a) In General.--Section 312(n) is amended by adding at the
end the following new paragraph:
``(9) Special rules for controlled foreign corporations.--
Earnings and profits of any controlled foreign corporation
shall be determined without regard to paragraphs (4), (5),
and (6).''.
(b) Conforming Amendment.--Section 952(c) is amended by
striking paragraph (3).
(c) Effective Date.--The amendments made by this section
shall apply to taxable years of foreign corporations ending
after the date of the enactment of this Act, and to taxable
years of United States shareholders in which or with which
such taxable years of foreign corporations end.
SEC. 138148. CERTAIN DIVIDENDS OF CONTROLLED FOREIGN
CORPORATIONS TREATED AS EXTRAORDINARY
DIVIDENDS.
(a) In General.--Section 1059 is amended by redesignating
subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
``(g) Treatment of Certain Dividends of Controlled Foreign
Corporations.--
``(1) In general.--Except as otherwise provided by the
Secretary, any disqualified CFC
[[Page H6552]]
dividend shall be treated as an extraordinary dividend to
which paragraphs (1) and (2) of subsection (a) apply without
regard to the period the taxpayer held the stock with respect
to which such dividend is paid.
``(2) Disqualified cfc dividend.-- For purposes of this
subsection--
``(A) In general.--The term `disqualified CFC dividend'
means any dividend paid by a controlled foreign corporation
to the extent such dividend is attributable to earnings and
profits which--
``(i) were earned during any period that such corporation
was not a controlled foreign corporation, or
``(ii) are attributable to disqualified CFC dividends
received by such controlled foreign corporation from another
controlled foreign corporation.
``(B) Application to corporations not wholly owned by
united states shareholders.--If not all of the stock of any
controlled foreign corporation is owned (within the meaning
of section 958(a)) by one or more United States shareholders
at the time that any earnings and profits are earned, the
portion of such earnings and profits which is properly
attributable to stock not so owned by United States
shareholders shall be treated for purposes of subparagraph
(A) as earned during a period that such corporation was not a
controlled foreign corporation.
``(C) Treatment of domestic partnerships and certain
trusts.--For purposes of subparagraph (B)--
``(i) a domestic partnership shall not be treated as a
United States shareholder, and
``(ii) to the extent provided by the Secretary in
regulations or other guidance, a trust described in section
7701(a)(30)(E) shall not be treated as a United States
shareholder.
``(D) Special rule related to constructive ownership.--In
the case of the last taxable year of a foreign corporation
beginning before January 1, 2018, and each subsequent taxable
year of such foreign corporation which begins before the date
of the enactment of this subsection, if such foreign
corporation would not have been a controlled foreign
corporation for any such taxable year if section 958(b)(4)
(as applicable to taxable years beginning after the date of
the enactment of this subsection) had applied to such taxable
year, such corporation shall not be treated as a controlled
foreign corporation for such taxable year for purposes of
this subsection.''.
(b) Regulations.--Section 1059(h), as redesignated by
subsection (a), is amended--
(1) by striking ``regulations'' both places it appears and
inserting ``regulations or other guidance'', and
(2) by striking ``and'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(3) providing for the coordination of subsection (g) with
the other provisions of this chapter, including section
1248.''.
(c) Effective Date.--The amendments made by this section
shall apply to dividends paid (or amounts treated as
dividends) after the date of the enactment of this Act.
SEC. 138149. LIMITATION ON CERTAIN SPECIAL RULES FOR SECTION
1202 GAINS.
(a) In General.--Section 1202(a) is amended by adding at
the end the following new paragraph:
``(5) Limitation on certain special rules.--In the case of
the sale or exchange of qualified small business stock after
September 13, 2021, paragraphs (3) and (4) shall not apply to
any taxpayer if--
``(A) the adjusted gross income of such taxpayer
(determined without regard to this section and sections 911,
931, and 933) equals or exceeds $400,000, or
``(B) such taxpayer is a trust or estate.''.
(b) Effective Date.--Except as provided in subsection (c),
the amendment made by this section shall apply to sales and
exchanges after September 13, 2021.
(c) Binding Contract Exception.--The amendment made by this
section shall not apply to any sale or exchange which is made
pursuant to a written binding contract which was in effect on
September 13, 2021, and is not modified in any material
respect thereafter.
SEC. 138150. CONSTRUCTIVE SALES.
(a) Application to Appreciated Digital Assets.--
(1) In general.--Section 1259(b)(1) is amended by inserting
``digital asset,'' after ``debt instrument,''.
(2) Exception for sales of nonpublicly traded property.--
Section 1259(c)(2) is amended by adding at the end the
following: ``A similar rule shall apply in the case of a
contract for sale of any digital asset.''.
(3) Digital asset.--Section 1259(d) is amended by adding at
the end the following new paragraph:
``(3) Digital asset.--Except as otherwise provided by the
Secretary, the term `digital asset' means any digital
representation of value which is recorded on a
cryptographically secured distributed ledger or any similar
technology as specified by the Secretary.''.
(b) Treatment of Certain Contracts.--Section 1259(c)(1)(D)
is amended by inserting ``or enters into a contract to
acquire'' after ``acquires''.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall apply to constructive sales (determined after the
application of the amendment made by subsection (b)) after
the date of the enactment of this Act.
(2) Treatment of certain contracts.--The amendment made by
subsection (b) shall apply to contracts entered into after
the date of the enactment of this Act.
SEC. 138151. RULES RELATING TO COMMON CONTROL.
(a) In General.--Section 52 is amended by striking
subsections (a) and (b) and inserting the following new
subsections:
``(a) Treatment of Controlled Groups of Corporations.--
``(1) In general.--For purposes of this subpart, all
employees of all corporations which are component members of
the same controlled group of corporations shall be treated as
employed by a single employer. In any such case, the credit
(if any) determined under section 51(a) with respect to each
such member shall be its proportionate share of the wages
giving rise to such credit.
``(2) Controlled group of corporations.--For purposes of
this subsection, the term `controlled group of corporations'
has the meaning given to such term by section 1563(a), except
that--
``(A) `more than 50 percent' shall be substituted for `at
least 80 percent' each place it appears in section
1563(a)(1), and
``(B) the determination shall be made without regard to
subsections (a)(4) and (e)(3)(C) of section 1563.
``(3) Component member.--For purposes of this subsection,
the term `component member' has the meaning given such term
by section 1563(b), except that the determination shall be
made without regard to whether such member is an excluded
member (within the meaning of section 1563(b)(2)).
``(b) Employees of Partnerships, Proprietorships, etc.,
Which Are Under Common Control.--For purposes of this
subpart, under regulations prescribed by the Secretary--
``(1) all employees of trades or business (whether or not
incorporated) which are under common control shall be treated
as employed by a single employer, and
``(2) the credit (if any) determined under section 51(a)
with respect to each trade or business shall be its
proportionate share of the wages giving rise to such credit.
The regulations prescribed under this subsection shall be
based on principles similar to the principles which apply in
the case of subsection (a). For purposes of this subsection,
the term `trade or business' includes any activity treated as
a trade or business under paragraph (5) or (6) of section
469(c) (determined without regard to the phrase `To the
extent provided in regulations' in such paragraph (6)).''.
(b) Conforming Amendment.--Section 1563(b)(2)(C) is amended
to read as follows:
``(C) is a foreign corporation not engaged in a trade or
business within the United States,''.
(c) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 138152. MODIFICATION OF WASH SALE RULES.
(a) In General.--Section 1091 is amended to read as
follows:
``SEC. 1091. LOSS FROM WASH SALES OF SPECIFIED ASSETS.
``(a) Disallowance of Loss Deduction.--In the case of any
loss claimed to have been sustained from any sale or
disposition (including any termination) of specified assets
where it appears that, within a period beginning 30 days
before the date of such sale or disposition and ending 30
days after such date, the taxpayer (or related party) has
acquired (by purchase or by an exchange on which the entire
amount of gain or loss was recognized by law), or has entered
into, or has entered into a contract or option so to acquire
or a long notional principal contract in respect of,
substantially identical specified assets, then no deduction
shall be allowed under section 165 unless the taxpayer is a
dealer in specified assets and the loss is sustained in a
transaction made in the ordinary course of such business.
``(b) Amount of Specified Assets Different From Amount of
Specified Assets Sold.--If the amount of specified assets
acquired (or covered by the contract or option to acquire or
long notional principal contract in respect of) is different
from the amount of specified assets sold or otherwise
disposed of, then the particular specified assets the
acquisition of which (or the contract or option to acquire or
long notional principal contract which) resulted in the
nondeductibility of the loss shall be determined under
regulations prescribed by the Secretary.
``(c) Adjustment to Basis in Case of Wash Sale.--If the
taxpayer (or the taxpayer's spouse) acquires or enters into
substantially identical specified assets during the period
which--
``(1) begins 30 days before the disposition with respect to
which a deduction was disallowed under subsection (a), and
``(2) ends with the close of the taxpayer's first taxable
year which begins after such disposition,
the basis of such specified assets shall be increased by the
amount of the deduction so disallowed (reduced by any amount
of such deduction taken into account under this subsection to
increase the basis of specified assets previously acquired).
``(d) Certain Short Sales of Specified Assets and Contracts
to Sell.--Rules similar to the rules of subsection (a) shall
apply to any loss realized on the closing of a short sale of
(or the sale, exchange, or termination of a contract or
option to sell or a short notional principal contract in
respect of) specified assets if, within a period beginning 30
days before the date of such closing and ending 30 days after
such date--
``(1) substantially identical specified assets were sold or
terminated by the taxpayer (or a related party), or
``(2) another short sale of (or contract or option to sell
or short notional principal contract in respect of)
substantially identical specified assets was entered into by
the taxpayer (or related party).
[[Page H6553]]
``(e) Cash Settlement.--This section shall not fail to
apply to a contract or option to acquire or sell specified
assets solely by reason of the fact that the contract or
option settles in (or could be settled in) cash or property
other than such specified assets.
``(f) Related Party.--For purposes of this section--
``(1) In general.--The term `related party' means--
``(A) the taxpayer's spouse,
``(B) any dependent of the taxpayer and any other taxpayer
with respect to whom the taxpayer is a dependent,
``(C) any individual, corporation, partnership, trust, or
estate which controls, or is controlled by, (within the
meaning of section 954(d)(3)) the taxpayer or any individual
described in subparagraph (A) or (B) with respect to the
taxpayer (or any combination thereof),
``(D) to the extent provided by the Secretary in
regulations or other guidance, any individual who bears a
relationship to the taxpayer described in section 267(b) if
such taxpayer is an individual,
``(E) any individual retirement plan, Archer MSA (as
defined in section 220(d)), or health savings account (as
defined in section 223(d)), of the taxpayer or of any
individual described in subparagraph (A) or (B) with respect
to the taxpayer,
``(F) any account under a qualified tuition program
described in section 529 or a Coverdell education savings
account (as defined in section 530(b)) if the taxpayer, or
any individual described in subparagraph (A) or (B) with
respect to the taxpayer, is the designated beneficiary of
such account or has the right to make any decision with
respect to the investment of any amount in such account, and
``(G) any account under--
``(i) a plan described in section 401(a),
``(ii) an annuity plan described in section 403(a),
``(iii) an annuity contract described in section 403(b), or
``(iv) an eligible deferred compensation plan described in
section 457(b) and maintained by an employer described in
section 457(e)(1)(A),
if the taxpayer or any individual described in subparagraph
(A) or (B) with respect to the taxpayer has the right to make
any decision with respect to the investment of any amount in
such account.
``(2) Rules for determining status.--
``(A) Relationships determined at time of acquisition.--
Determinations under paragraph (1) shall be made as of the
time of the purchase or exchange (or entering into a
contract, option, or notional principal contract) referred to
in subsection (a) except that determinations under
subparagraphs (A) and (B) of paragraph (1) shall be made for
the taxable year which includes such purchase or exchange (or
entering into).
``(B) Determination of marital status.--
``(i) In general.--Except as provided in clause (ii),
marital status shall be determined under section 7703.
``(ii) Special rule for married individuals filing
separately and living apart.--A husband and wife who--
``(I) file separate returns for any taxable year, and
``(II) live apart at all times during such taxable year,
shall not be treated as married individuals.
``(3) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary to prevent
the avoidance of the purposes of this subsection, including
regulations which treat persons as related parties if such
persons are formed or availed of to avoid the purposes of
this subsection.
``(g) Specified Asset.--For purposes of this section, the
term `specified asset' means any of the following:
``(1) Any security described in subparagraph (A), (B), (C),
(D), or (E) of section 475(c)(2).
``(2) Any foreign currency.
``(3) Any commodity described in subparagraph (A), (B), or
(C) of section 475(e)(2).
``(4) Except as otherwise provided by the Secretary, any
digital representation of value which is recorded on a
cryptographically secured distributed ledger or any similar
technology as specified by the Secretary.
Such term shall, except as provided in regulations, include
contracts or options to acquire or sell, or notional
principal contracts in respect of, any specified assets.
``(h) Exception for Business Needs and Hedging
Transactions.--Except as provided in regulations prescribed
by the Secretary, subsection (a) shall not apply in the case
of any sale or other disposition--
``(1) of a foreign currency or commodity described in
subsection (h), and
``(2) which--
``(A) is directly related to the business needs of a trade
or business of the taxpayer (other than the trade or business
of trading foreign currencies or commodities described in
subsection (h)), or
``(B) is part of a hedging transaction (as defined in
section 1221(b)(2)).''.
(b) Conforming Amendments.--
(1) Section 6045(g)(2)(B) is amended--
(A) in clause (i)(I)--
(i) by striking ``security (other than stock'' and
inserting ``covered security (other than stock'', and
(ii) by striking ``stock sold or transferred'' and
inserting ``covered security sold or transferred'', and
(B) in clause (ii)--
(i) by striking ``stock or securities'' and inserting
``specified assets'', and
(ii) by striking ``identical securities'' and inserting
``identical specified assets (as defined in section
1091(g))''.
(2) The table of sections for part VII of subchapter O of
chapter 1 is amended by striking the item relation to section
1091 and inserting the following new item:
``Sec. 1091. Loss from wash sales of specified assets.''.
(c) Effective Date.--The amendments made by this section
shall apply to sales, dispositions, and terminations after
December 31, 2021.
(d) No Inference.--Nothing in this section or the
amendments made by this section shall be construed to create
any inference with respect to the proper treatment of related
parties under section 1091 of the Internal Revenue Code of
1986 with respect to sales, dispositions, and terminations
before January 1, 2022.
SEC. 138153. RESEARCH AND EXPERIMENTAL EXPENDITURES.
(a) In General.--Section 13206 of Public Law 115-97 is
amended--
(1) in subsection (b)(3), by striking ``2021'' and
inserting ``2025'', and
(2) in subsection (e), by striking ``2021'' and inserting
``2025''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
PART 2--TAX INCREASES FOR HIGH-INCOME INDIVIDUALS
SEC. 138201. APPLICATION OF NET INVESTMENT INCOME TAX TO
TRADE OR BUSINESS INCOME OF CERTAIN HIGH INCOME
INDIVIDUALS.
(a) In General.--Section 1411 is amended by adding at the
end the following new subsection:
``(f) Application to Certain High Income Individuals.--
``(1) In general.--In the case of any individual whose
modified adjusted gross income for the taxable year exceeds
the high income threshold amount, subsection (a)(1) shall be
applied by substituting `the greater of specified net income
or net investment income' for `net investment income' in
subparagraph (A) thereof.
``(2) Phase-in of increase.--The increase in the tax
imposed under subsection (a)(1) by reason of the application
of paragraph (1) of this subsection shall not exceed the
amount which bears the same ratio to the amount of such
increase (determined without regard to this paragraph) as--
``(A) the excess described in paragraph (1), bears to
``(B) $100,000 (\1/2\ such amount in the case of a married
taxpayer (as defined in section 7703) filing a separate
return).
``(3) High income threshold amount.--For purposes of this
subsection, the term `high income threshold amount' means--
``(A) except as provided in subparagraph (B) or (C),
$400,000,
``(B) in the case of a taxpayer making a joint return under
section 6013 or a surviving spouse (as defined in section
2(a)), $500,000, and
``(C) in the case of a married taxpayer (as defined in
section 7703) filing a separate return, \1/2\ of the dollar
amount determined under subparagraph (B).
``(4) Specified net income.--For purposes of this section,
the term `specified net income' means net investment income
determined--
``(A) without regard to the phrase `other than such income
which is derived in the ordinary course of a trade or
business not described in paragraph (2),' in subsection
(c)(1)(A)(i),
``(B) without regard to the phrase `described in paragraph
(2)' in subsection (c)(1)(A)(ii),
``(C) without regard to the phrase `other than property
held in a trade or business not described in paragraph (2)'
in subsection (c)(1)(A)(iii),
``(D) without regard to paragraphs (2), (3), and (4) of
subsection (c), and
``(E) by treating paragraphs (5) and (6) of section 469(c)
(determined without regard to the phrase `To the extent
provided in regulations,' in such paragraph (6)) as applying
for purposes of subsection (c) of this section.''.
(b) Application to Trusts and Estates.--Section
1411(a)(2)(A) is amended by striking ``undistributed net
investment income'' and inserting ``the greater of
undistributed specified net income or undistributed net
investment income''.
(c) Clarifications With Respect to Determination of Net
Investment Income.--
(1) Certain exceptions.--Section 1411(c)(6) is amended to
read as follows:
``(6) Special rules.--Net investment income shall not
include--
``(A) any item taken into account in determining self-
employment income for such taxable year on which a tax is
imposed by section 1401(b),
``(B) wages received with respect to employment on which a
tax is imposed under section 3101(b) or 3201(a) (including
amounts taken into account under section 3121(v)(2)), and
``(C) wages received from the performance of services
earned outside the United States for a foreign employer.''.
(2) Net operating losses not taken into account.--Section
1411(c)(1)(B) is amended by inserting ``(other than section
172)'' after ``this subtitle''.
(3) Inclusion of certain foreign income.--
(A) In general.--Section 1411(c)(1)(A) is amended by
striking ``and'' at the end of clause (ii), by striking
``over'' at the end of clause (iii) and inserting ``and'',
and by adding at the end the following new clause:
``(iv) any amount includible in gross income under section
951, 951A, 1293, or 1296, over''.
(B) Proper treatment of certain previously taxed income.--
Section 1411(c) is amended by adding at the end the following
new paragraph:
``(7) Certain previously taxed income.--The Secretary shall
issue regulations or other guidance providing for the
treatment of--
``(A) distributions of amounts previously included in gross
income for purposes of chapter 1 but not previously subject
to tax under this section, and
[[Page H6554]]
``(B) distributions described in section 962(d).''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
(e) Transition Rule.--The regulations or other guidance
issued by the Secretary under section 1411(c)(7) of the
Internal Revenue Code of 1986 (as added by this section)
shall include provisions which provide for the proper
coordination and application of clauses (i) and (iv) of
section 1411(c)(1)(A) with respect to--
(1) taxable years beginning on or before December 31, 2021,
and
(2) taxable years beginning after such date.
SEC. 138202. LIMITATIONS ON EXCESS BUSINESS LOSSES OF
NONCORPORATE TAXPAYERS.
(a) Limitation Made Permanent.--
(1) In general.--Section 461(l)(1) is amended to read as
follows:
``(1) Limitation.--In the case of any taxpayer other than a
corporation, any excess business loss of the taxpayer for the
taxable year shall not be allowed.''.
(2) Conforming amendment.--Section 461 is amended by
striking subsection (j).
(b) Modification of Carryover of Disallowed Losses.--
Section 461(l)(2) is amended to read as follows:
``(2) Disallowed loss carryover.--Any loss which is
disallowed under paragraph (1) for any taxable year shall be
treated (solely for purposes of this chapter) as a deduction
described in paragraph (3)(A)(i) for the next taxable
year.''.
(c) Treatment of Unused Excess Business Loss Carryovers on
Termination of Estate or Trust.--Section 461(l) is amended by
adding at the end the following new paragraph:
``(7) Special rule for termination of estate or trust.--If,
on the termination of an estate or trust, the estate or trust
has an excess business loss carryover, then such carryover or
such excess shall be allowed as a deduction, in accordance
with regulations prescribed by the Secretary, to the
beneficiaries succeeding to the property of the estate or
trust.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2020.
SEC. 138203. SURCHARGE ON HIGH INCOME INDIVIDUALS, ESTATES,
AND TRUSTS.
(a) In General.--Part I of subchapter A of chapter 1 is
amended by inserting after section 1 the following new
section:
``SEC. 1A. SURCHARGE ON HIGH INCOME INDIVIDUALS, ESTATES, AND
TRUSTS.
``(a) General Rule.--In the case of a taxpayer other than a
corporation, there is hereby imposed (in addition to any
other tax imposed by this subtitle) a tax equal to the sum
of--
``(1) 5 percent of so much of the modified adjusted gross
income of the taxpayer as exceeds--
``(A) $10,000,000, in the case of any taxpayer not
described in subparagraph (B) or (C),
``(B) $5,000,000, in the case of a married individual
filing a separate return, and
``(C) $200,000, in the case of an estate or trust, plus
``(2) 3 percent of so much of the modified adjusted gross
income of the taxpayer as exceeds--
``(A) $25,000,000, in the case of any taxpayer not
described in subparagraph (B) or (C),
``(B) $12,500,000, in the case of a married individual
filing a separate return, and
``(C) $500,000, in the case of an estate or trust.
``(b) Modified Adjusted Gross Income.--For purposes of this
section, the term `modified adjusted gross income' means
adjusted gross income reduced by any deduction (not taken
into account in determining adjusted gross income) allowed
for investment interest (as defined in section 163(d)) or
business interest (as defined in section 163(j)). In the case
of an estate or trust, adjusted gross income shall be
determined as provided in section 67(e), and reduced by the
amount allowed as a deduction under section 642(c).
``(c) Special Rules.--
``(1) Nonresident alien.--In the case of a nonresident
alien individual (other than an individual described in
section 876(a) or 877(a)), only amounts taken into account in
connection with the tax imposed under section 871(b) shall be
taken into account under this section.
``(2) Citizens and residents living abroad.--Each dollar
amount which is applicable to any taxpayer under subsection
(a) shall be decreased (but not below zero) by the excess (if
any) of--
``(A) the amounts excluded from the taxpayer's gross income
under section 911, over
``(B) the amounts of any deductions or exclusions
disallowed under section 911(d)(6) with respect to the
amounts described in subparagraph (A).
``(3) Charitable trusts.--Subsection (a) shall not apply to
a trust all the unexpired interests in which are devoted to
one or more of the purposes described in section
170(c)(2)(B).
``(4) Not treated as tax imposed by this chapter for
certain purposes.--The tax imposed under this section shall
not be treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter
(other than sections 27 and 901) or for purposes of section
55.
``(5) Electing small business trusts.--For purposes of the
determination of adjusted gross income, section 641(c)(1)(A)
shall not apply and all portions of any electing small
business trust shall be treated as a single trust.
``(d) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this section,
including regulations or other guidance to prevent the
avoidance of the purposes of this section.''.
(b) Coordination With Certain Provisions.--
(1) Interest on certain deferred tax liability.--Section
453A(c) is amended by redesignating paragraph (6) as
paragraph (7) and by inserting after paragraph (5) the
following new paragraph:
``(6) Surcharge on high income individuals taken into
account in determining maximum rate of tax.--For purposes of
paragraph (3)(B), the maximum rate of tax in effect under
section 1 shall be treated as being equal to the sum of such
rate and the rates in effect under paragraphs (1) and (2) of
section 1A(a).''.
(2) Alien residents of puerto rico, guam, american samoa,
or the northern mariana islands.--Section 876(a) is amended
by striking section 1 and inserting ``sections 1 and 1A''.
(3) Expatriation to avoid tax.--Section 877(b) is amended
by inserting ``and section 1A'' after ``section 1 or 55''.
(4) Limitation on foreign tax credit.--
(A) Section 904(b)(3)(E)(i)(I) is amended by inserting
``increased by the sum of the rates set forth in paragraphs
(1) and (2) of section 1A(a)'' after ``(whichever applies)''.
(B) Section 904(d)(2)(F) is amended by adding at the end
the following: ``For purposes of the first sentence of this
subparagraph, the highest rate of tax specified in section 1
shall be treated as being equal to the sum of such rate and
the rates in effect under paragraphs (1) and (2) of section
1A(a).''.
(5) Election by individuals to be subject to tax at
corporate rates.--Section 962(a)(1) is amended by inserting
``, 1A,'' after ``sections 1''.
(6) Interest on certain tax deferral.--Section 1291(c)(2)
is amended by adding at the end the following: ``For purposes
of the preceding sentence, the highest rate of tax in effect
under section 1 shall be treated as being equal to the sum of
such rate and the rates in effect under paragraphs (1) and
(2) of section 1A(a).''.
(7) Averaging of farm income.--Section 1301(a) is amended
by striking ``section 1'' both places it appears and
inserting ``sections 1 and 1A''.
(8) Title 11 cases.--Section 1398(c)(2) is amended by
inserting ``and tax shall be imposed under section 1A by
treating the estate as a married individual filing a separate
return'' before the period at the end.
(9) Withholding of tax on foreign partners' share of
effectively connected income.--Section 1446(b)(2) is amended
by adding at the end the following flush sentence:
``For purposes of subparagraph (A), the highest rate of tax
in effect under section 1 shall be treated as being equal to
the sum of such rate and the rates in effect under paragraphs
(1) and (2) of section 1A(a).''.
(10) Relief from joint and several liability on joint
return.--Section 6015(d)(2)(B) is amended by inserting ``,
1A,'' after ``section 1''.
(11) Partnership adjustments.--
(A) Section 6225(b)(1) is amended by adding at the end the
following flush sentence:
``For purposes of subparagraph (B), the highest rate of tax
in effect under section 1 shall be treated as being equal to
the sum of such rate and the rates in effect under paragraphs
(1) and (2) of section 1A(a).''.
(B) Section 6225(c)(4)(A) is amended--
(i) by striking ``subsection (b)(1)(A)'' and inserting
``subsection (b)(1)(B)'', and
(ii) by striking ``or'' at the end of clause (i), by adding
``or'' at the end of clause (ii), and by inserting after
clause (ii) the following new clause:
``(iii) is not an individual subject to one or both of the
rates of tax in effect under paragraphs (1) and (2) of
section 1A(a),''.
(12) Required payments for entities electing not to have
required taxable year.--Section 7519(b) is amended by
inserting ``and increased by the sum of the rates in effect
under paragraphs (1) and (2) of section 1A(a)'' before the
period at the end.
(c) Clerical Amendment.--The table of sections for part I
of subchapter A of chapter 1 is amended by inserting after
the item relating to section 1 the following new item:
``Sec. 1A. Surcharge on high income individuals.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
PART 3--MODIFICATIONS OF RULES RELATING TO RETIREMENT PLANS
Subpart A--Limitations on High-income Taxpayers With Large Retirement
Account Balances
SEC. 138301. CONTRIBUTION LIMIT FOR INDIVIDUAL RETIREMENT
PLANS OF HIGH-INCOME TAXPAYERS WITH LARGE
ACCOUNT BALANCES.
(a) Contribution Limit.--
(1) In general.--Subpart A of part I of subchapter D of
chapter 1 is amended by adding at the end the following:
``SEC. 409B. CONTRIBUTION LIMIT ON INDIVIDUAL RETIREMENT
PLANS OF HIGH-INCOME TAXPAYERS WITH LARGE
ACCOUNT BALANCES.
``(a) General Rule.--Notwithstanding any other provision of
this title, in the case of an individual who is an applicable
taxpayer for any taxable year, no annual additions for such
taxable year shall be made by, or on behalf of, such
individual to any individual retirement plan to the extent
such annual additions exceed the excess (if any) of--
``(1) the applicable dollar amount for such taxable year,
over
``(2) the aggregate vested balances to the credit of the
individual (whether as a participant, owner, or beneficiary)
in all applicable retirement plans (determined as of the
close of the calendar year preceding the calendar year in
which such taxable year begins).
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Annual addition.--
``(A) In general.--Except as provided in this paragraph,
the term `annual addition' means
[[Page H6555]]
any contribution to an individual retirement plan.
``(B) Contributions to sep and simple plans.--In the case
of any employer or employee contributions by, or on behalf
of, an individual to a simplified employee pension under
section 408(k) or a simple retirement account under section
408(p)--
``(i) such contributions shall not be treated as annual
additions for purposes of applying the limitation under
subsection (a), but
``(ii) the excess described in subsection (a) shall be
reduced by the amount of such contributions in applying such
limitation to other annual additions with respect to such
individual.
``(C) Rollover contributions disregarded.--A rollover
contribution under section 402(c), 403(a)(4), 403(b)(8),
408(d)(3), or 457(e)(16) shall not be treated as an annual
addition.
``(D) Accounts acquired by death or divorce or
separation.--The acquisition of an individual retirement plan
(or the transfer to or contribution of amounts to an
individual retirement plan) by reason of--
``(i) the death of another individual, or
``(ii) divorce or separation (pursuant to section
408(d)(6)),
shall not be treated as an annual addition.
``(2) Applicable dollar amount.--The term `applicable
dollar amount' means $10,000,000.
``(3) Applicable retirement plan.--The term `applicable
retirement plan' means--
``(A) a defined contribution plan to which section 401(a)
or 403(a) applies,
``(B) an annuity contract under section 403(b),
``(C) an eligible deferred compensation plan described in
section 457(b) which is maintained by an eligible employer
described in section 457(e)(1)(A), or
``(D) an individual retirement plan.
``(4) Applicable taxpayer.--
``(A) In general.--The term `applicable taxpayer' means,
with respect to any taxable year, a taxpayer whose modified
adjusted gross income for such taxable year exceeds the
amount determined under subparagraph (B).
``(B) Dollar limit.--The amount determined under this
subparagraph for any taxable year is--
``(i) $400,000 for an individual who is a taxpayer not
described in clause (ii) or (iii),
``(ii) $425,000 in the case of an individual who is a head
of household (as defined in section 2(b)), and
``(iii) $450,000 in the case of an individual who is a
married individual filing a joint return or a surviving
spouse (as defined in section 2(a)).
``(C) Modified adjusted gross income.--For purposes of this
paragraph, the term `modified adjusted gross income' means
adjusted gross income determined without regard to sections
911, 931, and 933, without regard to any deduction for annual
additions to individual retirement plans to which subsection
(a) applies, and without regard to any increase in minimum
required distributions by reason of section 4974(e).
``(5) Adjustments for inflation.--
``(A) In general.--In the case of any taxable year
beginning after 2029, the dollar amounts in paragraphs (2)
and (4)(B) shall be increased by an amount equal to the
product of--
``(i) such dollar amount, and
``(ii) the cost-of-living adjustment under section 1(f)(3)
for the calendar year in which such taxable year begins,
determined by substituting `calendar year 2028' for `calendar
year 2016' in subparagraph (A)(ii) thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not--
``(i) in the case of the dollar amount under paragraph (2),
a multiple of $250,000, such amount shall be rounded to the
next lowest multiple of $250,000.
``(ii) in the case of a dollar amount under paragraph
(4)(B), a multiple of $1,000, such amount shall be rounded to
the next lowest multiple of $1,000.
``(c) Regulations.--The Secretary shall prescribe such
regulations and guidance as are necessary or appropriate to
carry out the purposes of this section, including regulations
or guidance that provide for the application of this section
and section 4974(e) in the case of plans with a valuation
date other than the last day of a calendar year.''.
(2) Conforming amendments.--
(A) The table of contents for subpart A of part I of
subchapter D of chapter 1 is amended by adding after the item
relating to section 409A the following new item:
``Sec. 409B. Contribution limit on individual retirement plans of high-
income taxpayers with large account balances.''.
(B) Section 408(r) is amended by adding at the end the
following new paragraph:
``(3) For additional limitations on contributions to
individual retirement plans with large account balances, see
sections 408A(e)(3) and 409B.''.
(b) Excise Tax on Excess Annual Additions.--
(1) In general.--Section 4973 is amended by adding at the
end the following new subsection:
``(i) Special Rule for Individual Retirement Plans With
Excess Annual Additions.--For purposes of this section, in
the case of individual retirement plans, the term `excess
contributions', with respect to any taxable year, is
increased by the sum of--
``(1) the excess of the annual additions (within the
meaning of section 409B(b)(1)) to such plans over the
limitation under section 409B(a) for such taxable year,
reduced by the amount of any excess contributions determined
under subsections (b) and (f), and
``(2) the lesser of--
``(A) the amount determined under this subsection for the
preceding taxable year with respect to such plans, reduced by
the aggregate distributions from such plans for the taxable
year (including distributions required under section 4974(e))
to the extent not contributed in a rollover contribution to
another eligible retirement plan in accordance with section
402(c), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16), or
``(B) the amount (if any) by which the amount determined
under section 409B(a)(2) for the taxable year exceeds the
applicable dollar amount under section 409B(b)(2) for the
taxable year.''.
(2) Conforming amendments.--Subsections (b) and (f) of
section 4973 are each amended by inserting ``, except as
further provided in subsection (i)'' after ``For purposes of
this section''.
(c) Reporting Requirements.--Section 6057(a) is amended by
adding at the end the following:
``(3) Additional information regarding high account
balances.--
``(A) In general.--If, as of the close of any plan year, 1
or more participants or beneficiaries in an applicable
retirement plan (as defined in section 409B(b)(3) without
regard to subparagraph (D) thereof) have a vested account
balance of at least $2,500,000, the plan administrator shall
file a statement with the Secretary, within the period
described in paragraph (1), which includes--
``(i) the name and identifying number of each such
participant (without regard to whether such participant has
separated from employment) or beneficiaries,
``(ii) the amount of the vested account balance of each
such participant or beneficiary, and
``(iii) a separate accounting of such vested account
balances in designated Roth accounts (within the meaning of
section 402A) and all other vested account balances.
``(B) Inclusion in registration statement.--If both
subparagraph (A) and paragraph (1) apply to a plan, the plan
administrator shall include the information required under
subparagraph (A) in the registration statement under
paragraph (1) rather than file a statement under subparagraph
(A).
``(C) Adjustments for inflation.--In the case of any plan
year beginning after 2029, the $2,500,000 amount under
subparagraph (A) shall be increased by an amount equal to the
product of--
``(i) such dollar amount, and
``(ii) the cost-of-living adjustment under section 1(f)(3)
for the calendar year in which such taxable year begins,
determined by substituting `calendar year 2028' for `calendar
year 2016' in subparagraph (A)(ii) thereof.
If the amount as adjusted under the preceding sentence is not
a multiple of $250,000, such amount shall be rounded to the
next lowest multiple of $250,000.''.
(d) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and
(b) shall apply to taxable years beginning after December 31,
2028.
(2) Plan requirements.--The amendments made by subsection
(c) shall apply to plan years beginning after December 31,
2028.
SEC. 138302. INCREASE IN MINIMUM REQUIRED DISTRIBUTIONS FOR
HIGH-INCOME TAXPAYERS WITH LARGE RETIREMENT
ACCOUNT BALANCES.
(a) In General.--Section 4974 is amended by adding at the
end the following:
``(e) Increase in Minimum Required Distributions for High-
income Taxpayers With Large Aggregate Account Balances.--
``(1) In general.--If this subsection applies to a payee
who is an applicable taxpayer (as defined in section
409B(b)(4)) for a taxable year--
``(A) all qualified retirement plans and eligible deferred
compensation plans of the payee which are applicable
retirement plans taken into account in computing the excess
described in paragraph (3)(A) shall be treated as 1 plan
solely for purposes of applying this section to the increase
in minimum required distributions for such taxable year
determined under subparagraph (B), and
``(B) the minimum required distributions under this section
for all plans treated as 1 plan under subparagraph (A) with
respect to such payee for such taxable year shall be
increased by the excess (if any) of--
``(i) the sum of--
``(I) if paragraph (2) applies to such taxable year, the
applicable Roth excess amount, plus
``(II) 50 percent of the excess determined under paragraph
(3)(A), reduced by the applicable Roth excess amount, over
``(ii) the sum of the minimum required distributions
(determined without regard to this subsection) for all such
plans.
``(2) Applicable roth excess amount.--
``(A) Application.--For purposes of paragraph (1)(B)(i),
this paragraph applies to a taxable year of a payee if the
aggregate vested balances to the credit of the payee (whether
as a participant, owner, or beneficiary) in all applicable
retirement plans (determined as of the close of the calendar
year preceding the calendar year in which the taxable year
begins) exceed 200 percent of the applicable dollar amount
for the calendar year in which the taxable year begins.
``(B) Applicable roth excess amount.--The applicable Roth
excess amount for any taxable year to which this paragraph
applies is an amount equal to the lesser of--
``(i) the excess determined under subparagraph (A), or
``(ii) the aggregate balances to the credit of the payee
(whether as a participant, owner, or beneficiary) in all Roth
IRAs and designated Roth accounts (within the meaning of
section 402A) as of the time described in subparagraph (A).
``(3) Application.--This subsection shall apply to a payee
for a taxable year--
``(A) if the aggregate vested balances to the credit of the
payee (whether as a participant,
[[Page H6556]]
owner, or beneficiary) in all applicable retirement plans
(determined as of the close of the calendar year preceding
the calendar year in which the taxable year begins) exceed
the applicable dollar amount for the calendar year in which
the taxable year begins, and
``(B) without regard to whether amounts with respect to the
payee are otherwise required to be distributed under section
401(a)(9), 403(b)(10), 408(a)(6), 408(b)(3), or 457(d)(2).
``(4) Coordination and allocation.--
``(A) Minimum distribution requirements.--If this
subsection applies to a payee for any taxable year--
``(i) this section shall apply first to minimum required
distributions determined without regard to this subsection
and then to any increase in minimum required distributions by
reason of this subsection, and
``(ii) nothing in this subsection shall be construed to
affect the amount of any minimum required distribution
determined without regard to this subsection or the plan or
plans from which it is required to be distributed.
``(B) Allocation of increase in minimum required
distributions.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), the taxpayer may, in such form and manner as the
Secretary may prescribe, allocate any increase in minimum
required distributions by reason of this subsection to
applicable retirement plans treated as 1 plan under
subparagraph (A) in such manner as the taxpayer chooses.
``(ii) Allocation to roth iras and accounts.--In the case
of a taxable year to which paragraph (2) applies, the portion
of any increase in minimum required distributions by reason
of this subsection equal to the applicable Roth excess amount
shall be allocated first to Roth IRAs and then to designated
Roth accounts (within the meaning of section 402A) of the
payee.
``(iii) Special rules for employee stock ownership plans.--
``(I) In general.--In the case of a payee to which this
subsection applies for any taxable year who has account
balances in 1 or more employee stock ownership plans (as
defined in section 4975(e)(7)) any portion of which is
invested in employer securities which are not readily
tradable on an established securities market, the increase in
minimum required distributions by reason of this subsection
shall not be allocated to any such portion.
``(II) Exception for amounts attributable to rollover.--
Subclause (I) shall not apply to so much of any account
balance as is attributable to a rollover contribution after
the date of the enactment of this subsection to the account
in accordance with section 402(c), 403(a)(4), 403(b)(8),
408(d)(3), or 457(e)(16).
``(5) Distributions not eligible for rollovers.--For
purposes of determining whether a distribution is an eligible
rollover distribution, any distribution from an applicable
retirement plan which is attributable to any increase in
minimum required distributions by reason of this subsection
shall be treated as a distribution required under section
401(a)(9), 403(b)(10), 408(a)(6), 408(b)(3), or 457(d)(2),
whichever is applicable.
``(6) Roth distributions treated as qualified
distributions.--In the case of any distribution from a Roth
IRA, or designated Roth account (within the meaning of
section 402A), of the payee by reason of the allocation of an
increase in minimum required distributions under this
subsection, such distribution shall be treated as a qualified
distribution under section 408A(d)(2) or 402A(d)(2), as the
case may be.
``(7) Definitions.--For purposes of this subsection, any
term used in this subsection which is also used in section
409B shall have the same meaning as when such term is used in
such section.''.
(b) Special Rules.--
(1) Distribution rights.--
(A) Qualified trusts.--
(i) In general.--Section 401(a) is amended by inserting
after paragraph (38) the following new paragraph:
``(39) Immediate distribution right.--A trust forming part
of a defined contribution plan shall not constitute a
qualified trust under this section unless an employee who
certifies to the plan that the employee is a taxpayer who is
subject to the distribution requirements of section 4974(e)
may elect to receive a distribution from the employee's
account balance under the plan in such amount as the employee
may elect, including any amounts attributable to a qualified
cash or deferred arrangement (as defined in subsection
(k)(2)). The preceding sentence shall not apply in the case
of any portion of an account balance to which section
4974(e)(4)(B)(iii)(I) applies.''.
(ii) Application to employee's annuities.--Section
404(a)(2) is amended by striking ``and (37)'' and inserting
``(37), and (39)''.
(B) Annuity contracts.--
(i) Custodial accounts.--Section 403(b)(7)(A) is amended by
adding at the end the following new flush sentence:
``Notwithstanding clause (i), the custodial account shall
permit an employee who certifies that the employee is a
taxpayer who is subject to the distribution requirements of
section 4974(e) to elect to receive a distribution from the
employee's custodial account in such amount as the employee
may elect.''.
(ii) Annuity contracts.--Section 403(b)(11) is amended by
adding at the end the following new sentence:
``Notwithstanding subparagraphs (A), (B), (C), and (D), the
annuity contract shall permit an employee who certifies that
the employee is a taxpayer who is subject to the distribution
requirements of section 4974(e) to elect to receive a
distribution of contributions made pursuant to a salary
reduction agreement (within the meaning of section 402(g)(3))
from the employee's annuity contract in such amount as the
employee may elect.''
(C) Governmental plans.--Section 457(d)(1) is amended by
adding at the end the following new flush sentence:
``Notwithstanding subparagraph (A), an eligible deferred
compensation plan of an employer described in subsection
(e)(1)(A) shall permit a participant or beneficiary who
certifies that the participant or beneficiary is a taxpayer
who is subject to the distribution requirements of section
4974(e) to elect to receive a distribution from the plan in
such amount as the participant or beneficiary may elect.''.
(2) Exception from 10 percent additional tax on early
distributions.--Section 72(t)(2) is amended by adding at the
end the following new subparagraph:
``(I) Distributions of excess balances.--Distributions from
an applicable retirement plan (within the meaning of section
409B)) to the extent such distributions for the taxable year
do not exceed the amount required to be distributed from such
plan under section 4974(e).''.
(3) Withholding.--Section 3405(b) is amended by adding at
the end the following new paragraph:
``(3) Additional withholding for required distributions
from high balance retirement accounts.--
``(A) In general.--For purposes of this section, a
distribution pursuant to section 401(a)(39), the last
sentence of section 403(b)(7)(A), the last sentence of
section 403(b)(11), and the last sentence of section
457(d)(1) shall be treated as a nonperiodic distribution,
except that in applying this subsection to such
distribution--
``(i) paragraph (1) shall be applied by substituting `35
percent' for `10 percent', and
``(ii) no election may be made under paragraph (2) with
respect to such distribution.
``(B) Exception.--Subparagraph (A) shall not apply to any
qualified distribution from a designated Roth account (within
the meaning of section 402A).''.
(c) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall apply to taxable years beginning after December 31,
2028.
(2) Plan requirements.--The amendments made by subsection
(b) shall apply to plan years beginning after December 31,
2028.
Subpart B--Other Provisions Relating to Individual Retirement Plans
SEC. 138311. TAX TREATMENT OF ROLLOVERS TO ROTH IRAS AND
ACCOUNTS.
(a) Rollovers and Conversions Limited to Taxable Amounts.--
(1) Roth iras.--
(A) In general.--Paragraph (1) of section 408A(e) is
amended by adding at the end the following new sentence: ``A
qualified rollover contribution shall not include any
rollover contribution from any eligible retirement plan
described in subparagraph (B) (other than from a designated
Roth account (within the meaning of section 402A)) if any
portion of the distribution from which such contribution is
made would (without regard to such contribution) be treated
as not includible in gross income.''
(B) Conversions.--Subparagraph (C) of section 408A(d)(3) is
amended by adding at the end the following new sentence:
``This subparagraph shall not apply if any portion of the
plan being converted would be treated as not includible in
gross income if distributed at the time of the conversion.''
(2) Designated roth accounts.--Section 402A(c)(4)(B) is
amended by inserting ``, determined after the application of
the last sentence of paragraph (1) thereof'' after ``section
408A(e)''.
(3) Effective date.--The amendments made by this subsection
shall apply to distributions, transfers, and contributions
made after December 31, 2021.
(b) No Rollovers or Conversions for High-income
Taxpayers.--
(1) Roth iras.--
(A) Qualified rollover contribution.--Section 408A(e), as
amended by subsection (a), is amended by adding at the end
the following:
``(3) High-income taxpayers may only rollover from roth
iras and accounts.--If--
``(A) a taxpayer is an applicable taxpayer (as defined in
section 409B(b)(4)) for the taxable year in which a
distribution is made, and
``(B) such distribution is contributed to a Roth IRA in a
rollover contribution,
such contribution shall be treated as a qualified rollover
contribution under paragraph (1) only if it is made from
another Roth IRA or from a designated Roth account (within
the meaning of section 402A).''.
(B) Elimination of conversions.--Paragraph (3) of section
408A(d), as amended by subsection (a), is amended by adding
at the end the following:
``(G) Paragraph not to apply to high-income taxpayers.--If
a taxpayer is an applicable taxpayer (as defined in section
409B(b)(4)) for any taxable year, this paragraph shall not
apply to any distribution to which this paragraph otherwise
applies (or to any conversion described in subparagraph (C))
which is made during such taxable year.''.
(2) Designated roth accounts.--Paragraph (4) of section
402A(c) is amended by adding at the end the following:
``(F) Paragraph not to apply to high-income taxpayers.--If
a taxpayer is an applicable taxpayer (as defined in section
409B(b)(4)) for any taxable year, this paragraph shall not
apply to any distribution to which this paragraph otherwise
applies and which is made during such taxable year.''.
(3) Conforming amendment.--Section 409B(b)(4)(C), as added
by this Act, is amended--
(A) by striking ``and without regard to'' and inserting
``without regard to'', and
[[Page H6557]]
(B) by inserting before the period at the end the
following: ``, and without regard to the inclusion in gross
income of any converted or contributed amount described in
section 408A(e)(3), 408A(d)(3)(G), or 402A(c)(4)(F).''.
(4) Effective date.--The amendments made by this subsection
shall apply to distributions, transfers, and contributions
made in taxable years beginning after December 31, 2031.
SEC. 138312. STATUTE OF LIMITATIONS WITH RESPECT TO IRA
NONCOMPLIANCE.
(a) In General.--Subsection (c) of section 6501 is amended
by adding at the end the following new paragraph:
``(13) Noncompliance relating to an individual retirement
plan.--
``(A) Misreporting.--In the case of any substantial error
(willful or otherwise) in the reporting on a return of any
information relating to the valuation of investment assets
with respect to an individual retirement plan, the time for
assessment of any tax imposed by this title with respect to
such plan shall not expire before the date which is 6 years
after the return containing such error was filed (whether or
not such return was filed on or after the date prescribed).
``(B) Prohibited transactions.--The time for assessment of
any tax imposed by section 4975 shall not expire before the
date which is 6 years after the return was filed (whether or
not such return was filed on or after the date
prescribed).''.
(b) Effective Date.--The amendment made by this section
shall apply to taxes with respect to which the 3-year period
under section 6501(a) of the Internal Revenue Code of 1986
(without regard to the amendment made by this section) ends
after December 31, 2021.
SEC. 138313. IRA OWNERS TREATED AS DISQUALIFIED PERSONS FOR
PURPOSES OF PROHIBITED TRANSACTION RULES.
(a) In General.--Paragraph (2) of section 4975(e) is
amended--
(1) by striking ``or'' at the end of subparagraph (H),
(2) by striking the period at the end of subparagraph (I)
and inserting ``; or'',
(3) by inserting after subparagraph (I) the following new
subparagraph:
``(J) the individual for whose benefit a plan described in
subparagraph (B) or (C) of paragraph (1) is maintained.'',
(4) by striking ``or (E)'' both places it appears in
subparagraphs (F) and (G) and inserting ``(E), or (J) (in the
case of a plan described in subparagraph (B) or (C) of
paragraph (1))'',
(5) by striking ``or (G)'' in subparagraph (I) and
inserting ``(G), or (J) (in the case of a plan described in
subparagraph (B) or (C) of paragraph (1))'', and
(6) by adding at the end the following: ``For purposes of
subparagraphs (G) and (I), any asset or interest held by a
plan described in subparagraph (B) or (C) of paragraph (1)
shall be treated as owned by the individual described in
subparagraph (J) with respect to such plan.''.
(b) Conforming Amendment.--Subparagraph (A) of section
408(e)(2) is amended to read as follows:
``(A) Employee engaging in prohibited transaction.--If,
during any taxable year of the individual for whose benefit
any individual retirement account is maintained, that
individual engages in any transaction prohibited by section
4975 with respect to such account, such account ceases to be
an individual retirement account as of the first day of such
taxable year. For purposes of this paragraph, the separate
account for the benefit of any individual within an
individual retirement account maintained by an employer or
association of employees is treated as a separate individual
retirement account.''.
(c) Effective Date.--The amendments made by this section
shall apply to transactions occurring after December 31,
2021.
PART 4--FUNDING THE INTERNAL REVENUE SERVICE AND IMPROVING TAXPAYER
COMPLIANCE
SEC. 138401. ENHANCEMENT OF INTERNAL REVENUE SERVICE
RESOURCES.
(a) Appropriations.--
(1) In general.--The following sums are appropriated, out
of any money in the Treasury not otherwise appropriated, for
the fiscal year ending September 30, 2022:
(A) Internal revenue service.--
(i) In general.--
(I) Taxpayer services.--For necessary expenses of the
Internal Revenue Service to provide taxpayer services,
including pre-filing assistance and education, filing and
account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $1,931,500,000, to remain
available until September 30, 2031: Provided, That these
amounts shall be in addition to amounts otherwise available
for such purposes.
(II) Enforcement.--For necessary expenses for tax
enforcement activities of the Internal Revenue Service to
determine and collect owed taxes, to provide legal and
litigation support, to conduct criminal investigations
(including investigative technology), to provide digital
asset monitoring and compliance activities, to enforce
criminal statutes related to violations of internal revenue
laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide
other services as authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Commissioner, $44,887,500,000, to
remain available until September 30, 2031: Provided, That
these amounts shall be in addition to amounts otherwise
available for such purposes.
(III) Operations support.--For necessary expenses of the
Internal Revenue Service to support taxpayer services and
enforcement programs, including rent payments; facilities
services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and
statistics of income; telecommunications; information
technology development, enhancement, operations, maintenance,
and security; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); the operations of the Internal Revenue Service
Oversight Board; and other services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner,
$27,376,300,000, to remain available until September 30,
2031: Provided, That these amounts shall be in addition to
amounts otherwise available for such purposes.
(IV) Business systems modernization.--For necessary
expenses of the Internal Revenue Service's business systems
modernization program, including development of callback
technology and other technology to provide a more
personalized customer service but not including the operation
and maintenance of legacy systems, $4,750,700,000, to remain
available until September 30, 2031: Provided, That these
amounts shall be in addition to amounts otherwise available
for such purposes.
(ii) Task force to design an irs-run free ``direct efile''
tax return system.--For necessary expenses of the Internal
Revenue Service to deliver to Congress, within nine months
following the date of the enactment of this Act, a report on
(I) the cost (including options for differential coverage
based on taxpayer adjusted gross income and return
complexity) of developing and running a free direct efile tax
return system, including costs to build and administer each
release, with a focus on multi-lingual and mobile-friendly
features and safeguards for taxpayer data; (II) taxpayer
opinions, expectations, and level of trust, based on surveys,
for such a free direct efile system; and (III) the opinions
of an independent third-party on the overall feasibility,
approach, schedule, cost, organizational design, and Internal
Revenue Service capacity to deliver such a direct efile tax
return system, $15,000,000, to remain available until
September 30, 2022: Provided, That these amounts shall be in
addition to amounts otherwise available for such purposes.
(B) Treasury inspector general for tax administration.--For
necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of
1978, as amended, including purchase and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); and services authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration, $403,000,000, to
remain available until September 30, 2031: Provided, That
these amounts shall be in addition to amounts otherwise
available for such purposes.
(C) Office of tax policy.--For necessary expenses of the
Office of Tax Policy of the Department of the Treasury to
carry out functions related to promulgating regulations under
the Internal Revenue Code of 1986, $104,533,803, to remain
available until September 30, 2031: Provided, That these
amounts shall be in addition to amounts otherwise available
for such purposes.
(D) United states tax court.--For necessary expenses of the
United States Tax Court, including contract reporting and
other services as authorized by 5 U.S.C. 3109; $153,000,000,
to remain available until September 30, 2031: Provided, That
these amounts shall be in addition to amounts otherwise
available for such purposes.
(2) Multi-year operational plan.--
(A) In general.--Not later than 6 months after the date of
the enactment of this Act, the Commissioner of Internal
Revenue shall submit to Congress a plan detailing how the
funds appropriated under paragraph (1)(A)(i) will be spent
over the ten-year period ending with fiscal year 2031.
(B) Quarterly updates.--
(i) In general.--Not later than the last day of each
calendar quarter beginning during the applicable period, the
Commissioner of Internal Revenue shall submit to Congress a
report on the plan established under subparagraph (A),
including--
(I) any updates to the plan;
(II) progress made in implementing the plan; and
(III) any changes in circumstances or challenges in
implementing the plan.
(ii) Applicable period.--For purposes of clause (i), the
applicable period is the period beginning 1 year after the
date the report under subparagraph (A) is due and ending on
September 30, 2031.
(C) Reduction in appropriation.--
(i) In general.--In the case of any failure to submit a
plan required under subparagraph (A) or a report required
under subparagraph (B) by the required date, the amounts made
available under paragraph (1)(A)(i) shall be reduced by
$100,000 for each day after such required date that report
has not been submitted to Congress.
(ii) Required date.--For purposes of clause (i), the
required date is the date that is 60 days after the date the
plan or report is required to be submitted under subparagraph
(A) or (B), as the case may be.
(3) No tax increases on certain taxpayers.--Nothing in this
subsection is intended to increase taxes on any taxpayer with
a taxable income below $400,000.
(b) Personnel Flexibilities.--The Secretary of the Treasury
(or the Secretary's delegate) may use the funds made
available under subsection (a)(1)(A), subject to such
policies as the Secretary (or the Secretary's delegate) may
establish, to take such personnel actions as the Secretary
(or the Secretary's delegate) determines necessary to
administer the Internal Revenue Code of 1986, including--
[[Page H6558]]
(1) utilizing direct hire authority to recruit and appoint
qualified applicants, without regard to any notice or
preference requirements, directly to positions in the
competitive service;
(2) in addition to the authority under section 7812(1) of
the Internal Revenue Code of 1986, appointing not more than
200 individuals to positions in the Internal Revenue Service
under streamlined critical pay authority, except that--
(A) the authority to offer streamlined critical pay under
this paragraph shall expire on September 30, 2031; and
(B) the positions for which streamlined critical pay is
authorized under this paragraph may include positions
critical to the purposes described in subclauses (I), (II),
and (III) of subsection (a)(1)(A)(i); and
(3) appointing, without approval of the Office of Personnel
Management, not more than 300 individuals to critical pay
positions in the Internal Revenue Service for which--
(A) the rate of basic pay may not exceed the salary set in
accordance with section 104 of title 3, United States Code;
and
(B) the total annual compensation paid to an employee in
such a position, including allowances, differentials,
bonuses, awards, and similar cash payments, may not exceed
the maximum amount of total annual compensation payable at
the salary set in accordance with section 104 of title 3,
United States Code.
SEC. 138402. APPLICATION OF BACKUP WITHHOLDING WITH RESPECT
TO THIRD PARTY NETWORK TRANSACTIONS.
(a) In General.--Section 3406(b) is amended by adding at
the end the following new paragraph:
``(8) Other reportable payments include payments in
settlement of third party network transactions only where
aggregate for calendar year is $600 or more.--Any payment in
settlement of a third party network transaction required to
be shown on a return required under section 6050W which is
made during any calendar year shall be treated as a
reportable payment only if--
``(A) the aggregate amount of such payment and all previous
such payments made by the third party settlement organization
to the participating payee during such calendar year equals
or exceeds $600, or
``(B) the third party settlement organization was required
under section 6050W to file a return for the preceding
calendar year with respect to payments to the participating
payee.''.
(b) Conforming Amendment.--Section 6050W(e) is amended by
inserting ``equal or'' before ``exceed $600''.
(c) Effective Date.--The amendments made by this section
shall apply to calendar years beginning after December 31,
2021.
(d) Transitional Rule for 2022.--In the case of payments
made during calendar year 2022, section 3406(b)(8)(A) of the
Internal Revenue Code of 1986 (as added by this section)
shall be applied by inserting ``and the aggregate number of
third party network transactions settled by the third party
settlement organization with respect to the participating
payee during such calendar year exceeds 200'' before the
comma at the end.
SEC. 138403. MODIFICATION OF PROCEDURAL REQUIREMENTS RELATING
TO ASSESSMENT OF PENALTIES.
(a) Repeal of Approval Requirement.--Section 6751 is
amended by striking subsection (b).
(b) Quarterly Certifications of Compliance With Procedural
Requirements.--Section 6751, as amended by subsection (a) of
this section, is amended by inserting after subsection (a)
the following new subsection:
``(b) Quarterly Certifications of Compliance.--Each
appropriate supervisor of employees of the Internal Revenue
Service shall certify quarterly by letter to the Commissioner
of Internal Revenue whether or not the requirements of
subsection (a) and administrative policies intended to ensure
voluntary compliance have been met with respect to notices of
penalty issued by such employees.''.
(c) Effective Dates.--
(1) Repeal of approval requirement.--The amendment made by
subsection (a) shall take effect as if included in section
3306 of the Internal Revenue Service Restructuring and Reform
Act of 1998.
(2) Quarterly certifications of compliance with procedural
requirements.--The amendment made by subsection (b) shall
apply to notices of penalty issued after the date of the
enactment of this Act.
PART 5--OTHER PROVISIONS
SEC. 138501. MODIFICATIONS TO LIMITATION ON DEDUCTION OF
EXCESSIVE EMPLOYEE REMUNERATION.
(a) In General.--Section 162(m) is amended by adding at the
end the following new paragraph:
``(7) Special rules related to limitation on deduction of
excessive employee remuneration.--
``(A) Aggregation rule.--A rule similar to the rule of
paragraph (6)(C)(ii) shall apply for purposes of paragraph
(1).
``(B) Regulations.--The Secretary shall prescribe such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of paragraph (1),
including regulations or other guidance to prevent the
avoidance of such purposes, including through the performance
of services other than as an employee or by providing
compensation through a pass-through or other entity.''.
(b) Applicable Employee Remuneration.--Section 162(m)(4)(A)
is amended--
(1) by inserting ``(including performance-based
compensation, commissions, post-termination compensation, and
beneficiary payments)'' after ``remuneration for services'',
and
(2) by inserting ``and whether or not such remuneration is
paid directly by the publicly held corporation'' after
``whether or not during the taxable year''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 138502. EXTENSION OF TAX TO FUND BLACK LUNG DISABILITY
TRUST FUND.
(a) In General.--Section 4121(e)(2)(A) is amended by
striking ``December 31, 2021'' and inserting ``December 31,
2025''.
(b) Effective Date.--The amendment made by this section
shall apply to sales after December 31, 2021.
SEC. 138503. PROHIBITED TRANSACTIONS RELATING TO HOLDING DISC
OR FSC IN INDIVIDUAL RETIREMENT ACCOUNT.
(a) In General.--Section 4975(c)(1) is amended by striking
``or'' at the end of subparagraph (E), by striking the period
at the end of subparagraph (F) and inserting ``; or'', and by
adding at the end the following new subparagraph:
``(G) investment, at the direction of a disqualified
person, by an individual retirement account in an interest in
a DISC or FSC that receives any commission, or other payment,
from an entity any stock or interest in which is owned by the
individual for whose benefit the account is maintained.''.
(b) Special Rules of Application.--Section 4975(c) is
amended by adding at the end the following new paragraph:
``(8) Special rules of application for DISC and FSC
investments.--
``(A) Indirect holding of DISC or FSC.--For purposes of
paragraph (1)(G), investment by an individual retirement
account in an interest in an entity that owns (directly or
indirectly) an interest in a DISC or FSC shall be treated as
investment by such account in an interest in such DISC or
FSC.
``(B) Constructive ownership.--For purposes of determining
ownership of stock (or any other interest) in an entity under
paragraph (1)(G) and ownership of an interest in a DISC or
FSC under subparagraph (A), the rules prescribed by section
318 for determining ownership shall apply, except that such
section shall be applied by substituting `10 percent' for `50
percent' each place it appears.
``(C) DISC and FSC.--For purposes of this subsection, the
terms `DISC' and `FSC' shall have the respective meanings
given such terms by section 992(a)(1)) and section 922(a) (as
in effect before its repeal by the FSC Repeal and
Extraterritorial Income Exclusion Act of 2000).''.
(c) Application of Tax to Terminated Individual Retirement
Accounts.--Section 4975(c)(3) is amended by adding at the end
the following: ``The preceding sentence shall not apply in
the case of a prohibited transaction described in paragraph
(1)(G).''.
(d) Related Rules for Individual Retirement Accounts.--
(1) In general.--Section 408(a) is amended by inserting
after paragraph (6) the following new paragraph:
``(7) No part of the trust funds will be invested in any
interest in a DISC or a FSC that receives any commission, or
other payment, from an entity any stock or interest in which
is owned by the individual for whose benefit the trust is
maintained. For purposes of the preceding sentence, the
definitions and rules of section 4975(c)(8) shall apply.''.
(e) Loss of Exemption of Account.--Section 408(e)(2), as
amended by the preceding provisions of this Act, is amended--
(1) by redesignating subparagraph (B) as subparagraph (C),
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Prohibited investment.--If, during any taxable year
of the individual for whose benefit any individual retirement
account is maintained, the investment of any part of the
funds of such individual retirement account does not comply
with subsection (a)(7), such account ceases to be an
individual retirement account as of the first day of such
taxable year. For purposes of this subparagraph, the separate
account for the benefit of any individual within an
individual retirement account maintained by an employer or
association of employees is treated as a separate individual
retirement account.'',
(3) by striking ``where employee engages in prohibited
transaction'' in the heading and inserting ``in case of
certain prohibited transactions and investments'',
(4) by striking ``(A)'' in subparagraph (C), as so
redesignated, and inserting ``(A) or (B)''.
(f) Conforming Amendments.--
(1) Section 408(c)(1) is amended by striking ``(1) through
(6)'' and inserting ``(1) through (7)''.
(2) Section 4975(c)(3) is amended--
(A) striking ``established'' and inserting ``maintained'',
(B) by striking ``transaction'' both places it appears and
inserting ``transaction or investment'', and
(C) by striking ``section 408(e)(2)(A)'' and inserting
``subparagraph (A) or (B) of section 408(e)(2)''.
(g) Effective Date.--The amendments made by this section
shall apply to stock and other interests acquired or held on
or after December 31, 2021.
SEC. 138504. CLARIFICATION OF TREATMENT OF DISC GAINS AND
DISTRIBUTIONS OF CERTAIN FOREIGN SHAREHOLDERS.
(a) In General.--Section 996(g) is amended by striking ``of
such shareholder'' and inserting ``deemed to be had by such
shareholder''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to gains and distributions after December 31,
2021.
(c) Application to Foreign Sales Corporations.--In the case
of any distribution after December 31, 2021, section
926(b)(1) of the Internal Revenue Code of 1986 (prior to its
repeal by the FSC Repeal and Extraterritorial Income
Exclusion Act of 2000) shall be applied by substituting
[[Page H6559]]
``deemed to be had by such shareholder'' for ``of such
shareholder''.
(d) No Inference.--This section (and the amendments made by
this section) shall not be construed to create any inference
with respect to the proper application of any provision of
the Internal Revenue Code of 1986 with respect to gains and
distributions before January 1, 2022.
SEC. 138505. TREATMENT OF CERTAIN QUALIFIED SOUND RECORDING
PRODUCTIONS.
(a) Election To Treat Costs as Expenses.--Section 181(a)(1)
is amended by striking ``qualified film or television
production, and any qualified live theatrical production,''
and inserting ``qualified film or television production, any
qualified live theatrical production, and any qualified sound
recording production''.
(b) Dollar Limitation.--Section 181(a)(2) is amended by
adding at the end the following new subparagraph:
``(C) Qualified sound recording production.--Paragraph (1)
shall not apply to so much of the aggregate cost of any
qualified sound recording production, or to so much of the
aggregate, cumulative cost of all such qualified sound
recording productions in the taxable year, as exceeds
$150,000.''.
(c) No Other Deduction or Amortization Deduction
Allowable.--Section 181(b) is amended by striking ``qualified
film or television production or any qualified live
theatrical production'' and inserting ``qualified film or
television production, any qualified live theatrical
production, or any qualified sound recording production''.
(d) Election.--Section 181(c)(1) is amended by striking
``qualified film or television production or any qualified
live theatrical production'' and inserting ``qualified film
or television production, any qualified live theatrical
production, or any qualified sound recording production''.
(e) Qualified Sound Recording Production Defined.--Section
181 is amended by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively, and by inserting after
subsection (e) the following new subsection:
``(f) Qualified Sound Recording Production.--For purposes
of this section, the term `qualified sound recording
production' means a sound recording (as defined in section
101 of title 17, United States Code) produced and recorded in
the United States.''.
(f) Termination.--Section 181(h) (as redesignated by
subsection (e)) is amended by striking ``or qualified live
theatrical productions'' and inserting ``, qualified live
theatrical productions, or qualified sound recording
productions''.
(g) Bonus Depreciation.--
(1) Qualified sound recording production as qualified
property.--Section 168(k)(2)(A)(i) is amended--
(A) by striking ``or'' at the end of subclause (IV), by
adding ``or'' at the end of subclause (V), and by inserting
after subclause (V) the following:
``(VI) which is a qualified sound recording production (as
defined in subsection (f) of section 181) for which a
deduction would have been allowable under section 181 without
regard to subsections (a)(2) and (h) of such section or this
subsection,'', and
(B) in subclauses (IV) and (V) (as amended) by striking
``without regard to subsections (a)(2) and (g)'' both places
it appears and inserting ``without regard to subsections
(a)(2) and (h)''.
(2) Production placed in service.--Section 168(k)(2)(H) is
amended by striking ``and'' at the end of clause (i), by
striking the period at the end of clause (ii) and inserting
``, and'', and by adding after clause (ii) the following:
``(iii) a qualified sound recording production shall be
considered to be placed in service at the time of initial
release or broadcast.''.
(h) Conforming Amendments.--
(1) The heading for section 181 is amended to read as
follows: ``treatment of certain qualified productions.''.
(2) The table of sections for part VI of subchapter B of
chapter 1 is amended by striking the item relating to section
181 and inserting the following new item:
``Sec. 181. Treatment of certain qualified productions.''.
(i) Effective Date.--The amendments made by this section
shall apply to productions commencing in taxable years ending
after the date of the enactment of this Act.
SEC. 138506. PAYMENT TO CERTAIN INDIVIDUALS WHO DYE FUEL.
(a) In General.--Subchapter B of chapter 65 is amended by
adding at the end the following new subsection:
``SEC. 6433. DYED FUEL.
``(a) In General.--If a person establishes to the
satisfaction of the Secretary that such person meets the
requirements of subsection (b) with respect to diesel fuel or
kerosene, then the Secretary shall pay to such person an
amount (without interest) equal to the tax described in
subsection (b)(2)(A) with respect to such diesel fuel or
kerosene.
``(b) Requirements.--
``(1) In general.--A person meets the requirements of this
subsection with respect to diesel fuel or kerosene if such
person removes from a terminal eligible indelibly dyed diesel
fuel or kerosene.
``(2) Eligible indelibly dyed diesel fuel or kerosene
defined.--The term `eligible indelibly dyed diesel fuel or
kerosene' means diesel fuel or kerosene--
``(A) with respect to which a tax under section 4081 was
previously paid (and not credited or refunded), and
``(B) which is exempt from taxation under section 4082(a).
``(c) Cross Reference.--For civil penalty for excessive
claims under this section, see section 6675.''.
(b) Conforming Amendments.--
(1) Section 6206 is amended--
(A) by striking ``or 6427'' each place it appears and
inserting ``6427, or 6433'', and
(B) by striking ``6420 and 6421'' and inserting ``6420,
6421, and 6433''.
(2) Section 6430 is amended--
(A) by striking ``or'' at the end of paragraph (2), by
striking the period at the end of paragraph (3) and inserting
``or'', and by adding at the end the following new paragraph:
``(4) which are removed as eligible indelibly dyed diesel
fuel or kerosene under section 6433.''.
(3) Section 6675 is amended--
(A) in subsection (a), by striking ``or 6427 (relating to
fuels not used for taxable purposes)'' and inserting ``6427
(relating to fuels not used for taxable purposes), or 6433
(relating to eligible indelibly dyed fuel)'', and
(B) in subsection (b)(1), by striking ``6421, or 6427,''
and inserting ``6421, 6427, or 6433''.
(4) The table of sections for subchapter B of chapter 65 is
amended by adding at the end the following new item:
``Sec. 6433. Dyed fuel.''.
(c) Effective Date.--The amendments made by this section
shall apply to eligible indelibly dyed diesel fuel or
kerosene removed on or after the date that is 180 days after
the date of the enactment of this section.
SEC. 138507. TREATMENT OF FINANCIAL GUARANTY INSURANCE
COMPANIES AS QUALIFYING INSURANCE CORPORATIONS
UNDER PASSIVE FOREIGN INVESTMENT COMPANY RULES.
(a) In General.--Section 1297(f)(3) is amended by adding at
the end the following new subparagraph:
``(C) Special rules for financial guaranty insurance
companies.--
``(i) In general.--Notwithstanding subparagraphs (A)(ii)
and (B), the applicable insurance liabilities of a financial
guaranty insurance company shall include its unearned premium
reserves if--
``(I) such company is prohibited under generally accepted
accounting principles from reporting on its applicable
financial statements reserves for losses and loss adjustment
expenses with respect to a financial guaranty insurance or
reinsurance contract except to the extent that losses and
loss adjustment expenses are expected to exceed the unearned
premium reserves on the contract,
``(II) the applicable financial statement of such company
reports financial guaranty exposure of at least 15-to-1 or
State or local bond exposure of at least 9-to-1 (8-to-1 in
the case of a taxable year of such company which ends on or
before December 31, 2018), and
``(III) such company includes in its insurance liabilities
only its unearned premium reserves relating to insurance
written or assumed that is within the single risk limits set
forth in subsection (D) of section 4 of the Financial
Guaranty Insurance Guideline (modified by using total
shareholder's equity as reported on the applicable financial
statement of the company rather than aggregate of the surplus
to policyholders and contingency reserves).
``(ii) Application of alternative facts and circumstances
test.--A financial guaranty insurance company shall be
treated as satisfying the requirements of paragraph
(2)(B)(ii).
``(iii) Financial guaranty insurance company.--For purposes
of this subparagraph, the term `financial guaranty insurance
company' means any insurance company the sole business of
which is writing or reinsuring financial guaranty insurance
(as defined in subsection (A) of section 1 of the Financial
Guaranty Insurance Guideline) which is permitted under
subsection (B) of section 4 of such Guideline.
``(iv) Financial guaranty exposure.--For purposes of this
subparagraph, the term `financial guaranty exposure' means
the ratio of--
``(I) the net debt service outstanding insured or reinsured
by the company that is within the single risk limits set
forth in the Financial Guaranty Insurance Guideline (as
reported on such company's applicable financial statement),
to
``(II) the company's total assets (as so reported).
``(v) State or local bond exposure.--For purposes of this
subparagraph, the term `State or local bond exposure' means
the ratio of--
``(I) the net unpaid principal of State or local bonds (as
defined in section 103(c)(1)) insured or reinsured by the
company that is within the single risk limits set forth in
the Financial Guaranty Insurance Guideline (as reported on
such company's applicable financial statement), to
``(II) the company's total assets (as so reported).''
``(vi) Financial guaranty insurance guideline.--For
purposes of this subparagraph--
``(I) In general.--The term `Financial Guaranty Insurance
Guideline' means the October 2008 model regulation that was
adopted by the National Association of Insurance
Commissioners on December 4, 2007.
``(II) Determinations made by secretary.--The determination
of whether any provision of the Financial Guaranty Insurance
Guideline has been satisfied shall be made by the
Secretary.''.
(b) Reporting of Certain Items.--Section 1297(f)(4) is
amended by adding at the end the following new subparagraph:
``(C) Clarification that certain items on applicable
financial statement be separately reported with respect to
corporation.--An amount described in paragraph (1)(B) or
clause (i)(II), (i)(III), (iv)(I), (iv)(II), (v)(I), or
(v)(II) of paragraph (3)(C) shall be treated as reported on
an applicable financial statement for purposes of this
section if--
``(i) such amount is separately reported on such statement
with respect to the corporation referred to in paragraph (1),
or
``(ii) such amount is separately determined for purposes of
calculating an amount which is reported on such statement.
[[Page H6560]]
``(D) Authority of secretary to require reporting.--
``(i) In general.--Each United States person who owns an
interest in a specified non-publicly traded foreign
corporation and who takes the position that such corporation
is not a passive foreign investment company shall report to
the Secretary such information with respect to such
corporation as the Secretary may require.
``(ii) Specified non-publicly traded foreign corporation.--
For purposes of this subparagraph, the term `specified non-
publicly traded foreign corporation' means any foreign
corporation--
``(I) which would be a passive foreign investment company
if subsection (b)(2)(B) did not apply, and
``(II) no interest in which is traded on an established
securities market.''.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall take
effect as if included in section 14501 of Public Law 115-97.
(2) Reporting.--The amendment made by subsection (b) shall
apply to reports made after the date of the enactment of this
Act.
SEC. 138508. EXTENSION OF PERIOD OF LIMITATION FOR CERTAIN
LEGALLY MARRIED COUPLES.
(a) In General.--In the case of an individual first treated
as married for purposes of the Internal Revenue Code of 1986
by the application of the holdings of Revenue Ruling 2013-
17--
(1) if such individual filed a return (other than a joint
return) for a taxable year ending before September 16, 2013,
for which a joint return could have been made by the
individual and the individual's spouse but for the fact that
such holdings were not effective at the time of filing, such
return shall be treated as a separate return within the
meaning of section 6013(b) of such Code and the time
prescribed by section 6013(b)(2)(A) of such Code for filing a
joint return after filing a separate return shall not expire
before the date prescribed by law (including extensions) for
filing the return of tax for the taxable year that includes
the date of the enactment of this Act, and
(2) in the case of a joint return filed pursuant to
paragraph (1)--
(A) the period of limitation prescribed by section 6511(a)
of such Code for any such taxable year shall be extended
until the date prescribed by law (including extensions) for
filing the return of tax for the taxable year that includes
the date of the enactment of this Act, and
(B) section 6511(b)(2) of such Code shall not apply to any
claim of credit or refund with respect to such return.
(b) Amendments, etc. Restricted to Change in Marital
Status.--Subsection (a) shall apply only with respect to
amendments to the return of tax, and claims for credit or
refund, relating to a change in the marital status for
purposes of the Internal Revenue Code of 1986 of the
individual.
SEC. 138514. ALLOWANCE OF DEDUCTION FOR CERTAIN EXPENSES OF
THE TRADE OR BUSINESS OF BEING AN EMPLOYEE.
(a) Above-the-Line Deduction for Union Dues.--Section
62(a)(2) is amended by adding at the end the following new
subparagraph:
``(F) Union dues.--In the case of any taxable year
beginning after December 31, 2021, and before January 1,
2026, the deductions allowed by section 162 which are both--
``(A) not in excess of $250, and
``(B) attributable to a trade or business consisting of the
performance of services by the taxpayer as an employee if
such deductions are for dues paid to a labor organization
described in section 501(c)(5) and with respect to which such
taxpayer remained a member through the end of the taxable
year.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 138515. TEMPORARY INCREASE IN EMPLOYER-PROVIDED CHILD
CARE CREDIT.
(a) In General.--Section 45F is amended by adding at the
end the following new subsection:
``(g) Temporary Increase.--In the case of any taxable year
beginning after December 31, 2021, and before January 1,
2026--
``(1) Increase in percentage of credit for qualified child
care expenditures.--Subsection (a)(1) shall be applied by
substituting `50 percent' for `25 percent'.
``(2) Increase in dollar limitation.--Subsection (b) shall
be applied by substituting `$500,000' for `$150,000'.
``(3) Preservation of dollar limitation on qualified child
care resource and referral expenditures.--The aggregate
amount of qualified child care resource and referral
expenditures which may be taken into account under subsection
(a)(2) for any taxable year shall not exceed $1,500,000.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 138516. PAYROLL CREDIT FOR COMPENSATION OF LOCAL NEWS
JOURNALISTS.
(a) In General.--Subchapter D of chapter 21 is amended by
adding at the end the following new section:
``SEC. 3135. LOCAL NEWS JOURNALIST COMPENSATION CREDIT.
``(a) In General.--In the case of an eligible local news
journalist employer, there shall be allowed as a credit
against the taxes imposed by section 3111(b) for each
calendar quarter an amount equal to the applicable percentage
of wages paid by such employer to local news journalists for
such calendar quarter.
``(b) Limitations and Refundability.--
``(1) Number of local news journalists taken into
account.--The number of local news journalists which may be
taken into account under subsection (a) with respect to any
eligible local news journalist employer for any calendar
quarter shall not exceed 1,500.
``(2) Wages taken into account.--The amount of wages paid
with respect to any individual which may be taken into
account under subsection (a) during any calendar quarter by
the eligible local news journalist employer shall not exceed
$12,500.
``(3) Credit limited to employment taxes.--The credit
allowed by subsection (a) with respect to any calendar
quarter shall not exceed the taxes imposed by section 3111(b)
on the wages paid with respect to the employment of all the
employees of the eligible local news journalist employer for
such calendar quarter.
``(4) Refundability of excess credit.--If the amount of the
credit under subsection (a) exceeds the limitation of
paragraph (3) for any calendar quarter, such excess shall be
treated as an overpayment that shall be refunded under
sections 6402(a) and 6413(b).
``(c) Eligible Local News Journalist Employer.--For
purposes of this section--
``(1) In general.--The term `eligible local news journalist
employer' means, with respect to any calendar quarter, any
employer which--
``(A) is--
``(i) an eligible local news organization, or
``(ii) a qualifying broadcast station, and
``(B) employs local news journalists.
``(2) Eligible local news organization.--The term `eligible
local news organization' means, with respect to any calendar
quarter, any employer--
``(A) which publishes one or more qualifying publications
during the calendar quarter,
``(B) which is not a disqualified organization, and
``(C) which did not derive more than 50 percent of its
gross receipts for such calendar quarter from disqualified
organizations.
``(3) Qualifying broadcast station.--The term `qualifying
broadcast station' means, with respect to any calendar
quarter, any employer--
``(A) which owns or operates a broadcast station (as
defined in section 3 of the Communications Act of 1934),
``(B) which is not a disqualified organization,
``(C) which did not derive more than 50 percent of its
gross receipts for such calendar quarter from disqualified
organizations, and
``(D) which discloses its ownership to the public at such
times and in such manner as identified by the Secretary.
``(d) Other Definitions.--For purposes of this section--
``(1) Applicable percentage.--The term `applicable
percentage' means--
``(A) in the case of each of the first 4 calendar quarters
to which this section applies, 50 percent, and
``(B) in the case of each calendar quarter thereafter, 30
percent.
``(2) Local news journalist.--
``(A) In general.--The term `local news journalist' means,
with respect to any eligible local news journalist employer
for any calendar quarter, any full-time employee (as defined
in section 4980H(c)(4)) who--
``(i) provides qualified services for an average of not
less than 30 hours per week for each week during which such
employee is employed by the eligible local news journalist
employer during the calendar quarter, and
``(ii) resides within 50 miles of the local community with
respect to the qualifying publication or qualifying broadcast
station with respect to which the qualified services are
provided.
``(B) Qualified services.--For purposes of subparagraph
(A)(ii), the term `qualified services' means services--
``(i) which consist of gathering, preparing, directing the
recording of, producing, collecting, photographing,
recording, writing, editing, reporting, presenting, or
publishing original local community news for dissemination to
the local community, and
``(ii) which are provided with respect to--
``(I) a qualifying publication of an eligible local news
organization, or
``(II) the local community of a qualifying broadcast
station.
``(3) Qualifying publication.--The term `qualifying
publication' means, with respect to any calendar quarter, any
print or digital publication--
``(A) the primary purpose of which is to serve a local
community by providing local news,
``(B) which--
``(i) is published during the calendar quarter, and
``(ii) has been published during each of the 4 calendar
quarters preceding such calendar quarter,
``(C) which is covered by media liability insurance for
such calendar quarter,
``(D) which discloses its ownership to the public at such
times and in such manner as identified by the Secretary, and
``(E) which receives services from not more than 1,500
persons during such calendar quarter.
``(4) Local community.--The term `local community' means,
with respect to any qualifying broadcast station or
qualifying publication, a geographically contiguous area that
does not exceed the boundaries of--
``(A) in the case of a qualifying broadcast station, the
area for which the qualifying broadcast station is licensed
to serve by the Federal Communications Commission under
section 307 of the Communications Act of 1934, and
``(B) in the case of a qualifying publication--
``(i) the metropolitan or micropolitan statistical area, as
defined by the Office of Management and Budget, in which the
qualifying publication is primarily distributed,
``(ii) if such qualifying publication is not primarily
distributed in a metropolitan or micropolitan statistical
area, political subdivision of the State in which such
qualifying publication is primarily distributed, or
[[Page H6561]]
``(iii) if such qualifying publication is not primarily
distributed in a metropolitan or micropolitan statistical
area or a political subdivision of a State, the State in
which such qualifying publication is primarily distributed.
For purposes of subparagraph (B), in the case of a qualifying
publication which is a digital publication, such qualifying
publication shall be considered to be primarily distributed
in the area where such publication is primarily consumed.
``(5) Disqualified organization.--The term `disqualified
organization' means--
``(A) any organization described in section 501(c)(4) and
exempt from tax under section 501(a),
``(B) any organization described in section 527, and
``(C) any organization that is owned or controlled
(directly or indirectly) by one or more organizations
described in subparagraph (A) or (B).
``(6) Gross receipts.--
``(A) In general.--Except as provided in subparagraph (B),
the term `gross receipts' has the meaning given such term as
used in section 448(c).
``(B) Tax-exempt organizations.--In the case of an
organization which is described in section 501(c) and exempt
from tax under section 501(a), any reference in this section
to gross receipts shall be treated as a reference to gross
receipts within the meaning of section 6033.
``(7) Other terms.--Any term used in this section which is
also used in this chapter shall have the same meaning as when
used in such chapter.
``(e) Aggregation Rule.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (m) or (o) of section 414, shall be treated as one
employer for purposes of this section.
``(f) Certain Rules to Apply.--
``(1) In general.--For purposes of this section--
``(A) except as provided in paragraph (2), rules similar to
the rules of section 51(i)(1) shall apply, and
``(B) rules similar to the rules of section 280C(a) shall
apply.
``(2) Exception.--Paragraph (1)(A) shall not apply with
respect to any local news journalist of an eligible local
news journalist employer which employs fewer than 15 local
news journalists during the calendar quarter.
``(g) Certain Governmental Employers.--
``(1) In general.--This credit shall not apply to the
Government of the United States, the government of any State
or political subdivision thereof, or any agency or
instrumentality of any of the foregoing.
``(2) Exception.--Paragraph (1) shall not apply to any
public broadcasting entity (as defined in section 397(11) of
the Communications Act of 1934 (47 U.S.C. 397(11))).
``(h) Election To Have Section Not Apply.--This section
shall not apply with respect to any eligible local news
journalist employer for any calendar quarter if such employer
elects (at such time and in such manner as the Secretary may
prescribe) not to have this section apply.
``(i) Special Rules.--
``(1) Employee not taken into account more than once.--An
employee shall not be included for purposes of this section
for any period with respect to any employer if such employer
is allowed a credit under section 51 with respect to such
employee for such period.
``(2) Denial of double benefit.--Any wages taken into
account in determining the credit allowed under this section
shall not be taken into account for purposes of determining
the credit allowed under section 41, 45A, 45P, 45S, or 1396.
``(3) Third-party payors.--Any credit allowed under this
section shall be treated as a credit described in section
3511(d)(2) of such Code.
``(j) Treatment of Deposits.--The Secretary shall waive any
penalty under section 6656 for any failure to make a deposit
of any taxes imposed under section 3111(b) if the Secretary
determines that such failure was due to the reasonable
anticipation of the credit allowed under this section.
``(k) Extension of Limitation on Assessment.--
Notwithstanding section 6501, the limitation on the time
period for the assessment of any amount attributable to a
credit claimed under this section shall not expire before the
date that is 5 years after the later of--
``(1) the date on which the original return which includes
the calendar quarter with respect to which such credit is
determined is filed, or
``(2) the date on which such return is treated as filed
under section 6501(b)(2).
``(l) Regulations and Guidance.--The Secretary shall issue
such forms, instructions, regulations, and guidance as are
necessary--
``(1) with respect to the application of the credit under
subsection (a) to third-party payors (including professional
employer organizations, certified professional employer
organizations, or agents under section 3504), including
regulations or guidance allowing such payors to submit
documentation necessary to substantiate the eligible employer
status of employers that use such payors, and
``(2) to prevent the avoidance of the purposes of the
limitations under this section.
Any forms, instructions, regulations, or other guidance
described in paragraph (1) shall require the customer to be
responsible for the accounting of the credit and for any
liability for improperly claimed credits and shall require
the certified professional employer organization or other
third-party payor to accurately report such tax credits based
on the information provided by the customer.
``(m) Application.--This section shall only apply to wages
paid in calendar quarters beginning after the date of the
enactment of this section and beginning before the date that
is 5 years after the first day of the first calendar quarter
to which this section applies.''.
(b) Refunds.--Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``3135,'' after
``3134,''.
(c) Clerical Amendment.--The table of sections for
subchapter D of chapter 21 is amended by adding at the end
the following:
``Sec. 3135. Local news journalist compensation credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to calendar quarters beginning after the date of
the enactment of this Act.
SEC. 138517. ABOVE-THE-LINE DEDUCTION FOR EMPLOYEE UNIFORMS.
(a) In General.--Section 62(a)(2), as amended by the
preceding provision of this Act, is amended by adding at the
end the following new subparagraph:
``(G) Work clothes and uniforms.--In the case of any
taxable year beginning after December 31, 2021, and before
January 1, 2025, the deductions allowed by section 162, not
in excess of $250, which are attributable to a trade or
business consisting of the performance of services by the
taxpayer as an employee if such deductions are for uniforms
or work clothing which are--
``(i) required to be worn as a condition of employment, and
``(ii) not suitable for everyday wear.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 138518. EXPENSES IN CONTINGENCY FEE CASES.
(a) In General.--Section 162 is amended by redesignating
subsection (s) as subsection (t) and by inserting after
subsection (r) the following new subsection:
``(s) Expenses in Contingency Fee Cases.--In the case of
any amount paid or incurred in the ordinary course of the
trade or business of practicing law the repayment of which is
contingent on a recovery by judgment or settlement in the
action to which such amount relates--
``(1) the deduction under subsection (a) shall be
determined by disregarding the possibility that such amount
will be repaid, and
``(2) income attributable to any related recovery shall not
be reduced by such amount.''.
(b) Effective Date.--The amendments made by this section
shall apply to amounts paid, incurred, or received in taxable
years beginning after the date of the enactment of this Act.
SEC. 138519. INCREASE IN RESEARCH CREDIT AGAINST PAYROLL TAX
FOR SMALL BUSINESSES.
(a) In General.--Clause (i) of section 41(h)(4)(B) is
amended--
(1) by striking ``Amount.--The amount'' and inserting
``Amount.--
``(I) In general.--The amount'', and
(2) by adding at the end the following new subclause:
``(II) Increase.--In the case of taxable years beginning
after December 31, 2021, the amount in subclause (I) shall be
increased by $250,000.''.
(b) Allowance of Credit.--
(1) In general.--Paragraph (1) of section 3111(f) is
amended--
(A) by striking ``for a taxable year, there shall be
allowed'' and inserting ``for a taxable year--
``(A) there shall be allowed'',
(B) by striking ``equal to the'' and inserting ``equal to
so much of the'',
(C) by striking the period at the end and inserting ``as
does not exceed the limitation of subclause (I) of section
41(h)(4)(B)(i) (applied without regard to subclause (II)
thereof), and'', and
(D) by adding at the end the following new subparagraph:
``(B) there shall be allowed as a credit against the tax
imposed by subsection (b) for the first calendar quarter
which begins after the date on which the taxpayer files the
return specified in section 41(h)(4)(A)(ii) an amount equal
to so much of the payroll tax credit portion determined under
section 41(h)(2) as is not allowed as a credit under
subparagraph (A).''.
(2) Limitation.--Paragraph (2) of section 3111(f) is
amended--
(A) by striking ``paragraph (1)'' and inserting ``paragraph
(1)(A)'', and
(B) by inserting ``, and the credit allowed by paragraph
(1)(B) shall not exceed the tax imposed by subsection (b) for
any calendar quarter,'' after ``calendar quarter''.
(3) Carryover.--Paragraph (3) of section 3111(f) is amended
by striking ``the credit'' and inserting ``any credit''.
(4) Deduction allowed.--Paragraph (4) of section 3111(f) is
amended--
(A) by striking ``credit'' and inserting ``credits'', and
(B) by striking ``subsection (a)'' and inserting
``subsection (a) or (b)''.
(c) Aggregation Rules.--Clause (ii) of section 41(h)(5)(B)
is amended by striking ``the $250,000 amount'' and inserting
``each of the $250,000 amounts''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2021.
SEC. 138520. IMPOSITION OF TAX ON NICOTINE.
(a) In General.--Section 5701 is amended by redesignating
subsection (h) as subsection (i) and by inserting after
subsection (g) the following new subsection:
``(h) Nicotine.--On taxable nicotine, manufactured in or
imported into the United States, there shall be imposed a tax
equal to the dollar amount specified in section 5701(b)(1)
(or, if greater, $50.33) per 1,810 milligrams of nicotine
(and a proportionate tax at the like rate on any fractional
part thereof).''.
(b) Taxable Nicotine.--Section 5702 is amended by adding at
the end the following new subsection:
[[Page H6562]]
``(q) Taxable Nicotine.--
``(1) In general.--Except as otherwise provided in this
subsection, the term `taxable nicotine' means any nicotine
which has been extracted, concentrated, or synthesized.
``(2) Exception for products approved by food and drug
administration.--Such term shall not include any nicotine if
the manufacturer or importer thereof demonstrates to the
satisfaction of the Secretary of Health and Human Services
that such nicotine will be used in--
``(A) a drug--
``(i) that is approved under section 505 of the Federal
Food, Drug, and Cosmetic Act or licensed under section 351 of
the Public Health Service Act; or
``(ii) for which an investigational use exemption has been
authorized under section 505(i) of the Federal Food, Drug,
and Cosmetic Act or under section 351(a) of the Public Health
Service Act; or
``(B) a combination product (as described in section 503(g)
of the Federal Food, Drug, and Cosmetic Act), the constituent
parts of which were approved or cleared under section 505,
510(k), or 515 of such Act.
``(3) Coordination with taxation of other tobacco
products.--Tobacco products meeting the definition of cigars,
cigarettes, smokeless tobacco, pipe tobacco, and roll-your-
own tobacco in this section shall be classified and taxed as
such despite any concentration of the nicotine inherent in
those products or any addition of nicotine to those products
during the manufacturing process.
``(4) Regulations.--The Secretary shall prescribe such
regulations or other guidance as is necessary or appropriate
to carry out the purposes of this subsection, including
regulations or other guidance for coordinating the taxation
of tobacco products and taxable nicotine to protect revenue
and prevent double taxation.''.
(c) Taxable Nicotine Treated as a Tobacco Product.--Section
5702(c) is amended by striking ``and roll-your-own tobacco''
and inserting ``roll-your-own tobacco, and taxable
nicotine''.
(d) Manufacturer of Taxable Nicotine.--Section 5702, as
amended by subsection (b), is amended by adding at the end
the following new subsection:
``(r) Manufacturer of Taxable Nicotine.--
``(1) In general.--Any person who extracts, concentrates,
or synthesizes nicotine shall be treated as a manufacturer of
taxable nicotine (and as manufacturing such taxable
nicotine).
``(2) Application of rules related to manufacturers of
tobacco products.--Any reference to a manufacturer of tobacco
products, or to manufacturing tobacco products, shall be
treated as including a reference to a manufacturer of taxable
nicotine, or to manufacturing taxable nicotine,
respectively.''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to articles removed in calendar quarters beginning
after the date which is 180 days after the date of the
enactment of this Act.
(2) Transition rule for permit and bond requirements.--A
person which is lawfully engaged in business as a
manufacturer or importer of taxable nicotine (within the
meaning of subchapter A of chapter 52 of the Internal Revenue
Code of 1986, as amended by this section) on the date of the
enactment of this Act, first becomes subject to the
requirements of subchapter B of chapter 52 of such Code by
reason of the amendments made by this section, and submits an
application under such subchapter B to engage in such
business not later than 90 days after the date of the
enactment of this Act, shall not be denied the right to carry
on such business by reason of such requirements before final
action on such application.
SEC. 138521. TERMINATION OF EMPLOYER CREDIT FOR PAID FAMILY
AND MEDICAL LEAVE.
Section 45S(i) is amended by striking ``December 31, 2025''
and inserting ``December 31, 2023''.
Subtitle I--Drug Pricing
PART 1--LOWERING PRICES THROUGH DRUG PRICE NEGOTIATION
SEC. 139001. PROVIDING FOR LOWER PRICES FOR CERTAIN HIGH-
PRICED SINGLE SOURCE DRUGS.
(a) Program To Lower Prices for Certain High-Priced Single
Source Drugs.--Title XI of the Social Security Act is amended
by adding after section 1184 (42 U.S.C. 1320e-3) the
following new part:
``PART E--PRICE NEGOTIATION PROGRAM TO LOWER PRICES FOR CERTAIN HIGH-
PRICED SINGLE SOURCE DRUGS
``SEC. 1191. ESTABLISHMENT OF PROGRAM.
``(a) In General.--The Secretary shall establish a Drug
Price Negotiation Program (in this part referred to as the
`program'). Under the program, with respect to each price
applicability period, the Secretary shall--
``(1) publish a list of negotiation-eligible drugs and
selected drugs in accordance with section 1192;
``(2) enter into agreements with manufacturers of selected
drugs with respect to such period, in accordance with section
1193;
``(3) negotiate and, if applicable, renegotiate maximum
fair prices for such selected drugs, in accordance with
section 1194; and
``(4) carry out the administrative duties described in
section 1196.
``(b) Definitions Relating to Timing.--For purposes of this
part:
``(1) Initial price applicability year.--The term `initial
price applicability year' means a year (beginning with 2025).
``(2) Price applicability period.--The term `price
applicability period' means, with respect to a qualifying
single source drug, the period beginning with the first
initial price applicability year with respect to which such
drug is a selected drug and ending with the last year during
which the drug is a selected drug.
``(3) Selected drug publication date.--The term `selected
drug publication date' means, with respect to each initial
price applicability year, February 1 of the year that begins
2 years prior to such year.
``(4) Negotiation period.--The term `negotiation period'
means, with respect to an initial price applicability year
with respect to a selected drug, the period--
``(A) beginning on the sooner of--
``(i) the date on which the manufacturer of the drug and
the Secretary enter into an agreement under section 1193 with
respect to such drug; or
``(ii) February 28 following the selected drug publication
date with respect to such selected drug; and
``(B) ending on November 1 of the year that begins 2 years
prior to the initial price applicability year.
``(c) Other Definitions.--For purposes of this part:
``(1) Maximum fair price eligible individual.--The term
`maximum fair price eligible individual' means, with respect
to a selected drug--
``(A) in the case such drug is dispensed to the individual
at a pharmacy, by a mail order service, or by another
dispenser, an individual who is enrolled under a prescription
drug plan under part D of title XVIII or an MA-PD plan under
part C of such title if coverage is provided under such plan
for such selected drug; and
``(B) in the case such drug is furnished or administered to
the individual by a hospital, physician, or other provider of
services or supplier, an individual who is enrolled under
part B of title XVIII, including an individual who is
enrolled under an MA plan under part C of such title, if such
selected drug is covered under such part.
``(2) Maximum fair price.--The term `maximum fair price'
means, with respect to a year during a price applicability
period and with respect to a selected drug (as defined in
section 1192(c)) with respect to such period, the price
published pursuant to section 1195 in the Federal Register
for such drug and year.
``(3) Unit.--The term `unit' means, with respect to a drug
or biological, the lowest identifiable amount (such as a
capsule or tablet, milligram of molecules, or grams) of the
drug or biological that is dispensed or furnished. The
determination of a unit, with respect to a drug or
biological, pursuant to this paragraph shall not be subject
to administrative or judicial review.
``(4) Total expenditures.--The term `total expenditures'
includes, in the case of expenditures with respect to part D
of title XVIII, ingredient costs, dispensing fees, sales tax,
and if applicable, vaccine administration fees. The term
`total expenditures' excludes, in the case of expenditures
with respect to part B of such title, expenditures for a drug
or biological that are bundled or packaged into the payment
for another service.
``SEC. 1192. SELECTION OF NEGOTIATION-ELIGIBLE DRUGS AS
SELECTED DRUGS.
``(a) In General.--Not later than the selected drug
publication date with respect to an initial price
applicability year, in accordance with subsection (b), the
Secretary shall select and publish in the Federal Register a
list of--
``(1)(A) with respect to the initial price applicability
year 2025, not more than 10 negotiation-eligible drugs
described in subparagraph (A)(i) of subsection (d)(1), but
not subparagraph (B) of such subsection, with respect to such
year;
``(B) with respect to the initial price applicability year
2026, not more than 15 negotiation-eligible drugs described
in subparagraph (A)(i) of subsection (d)(1), but not
subparagraph (B) of such subsection, with respect to such
year;
``(C) with respect to the initial price applicability year
2027, not more than 15 negotiation-eligible drugs described
in subparagraph (A) of subsection (d)(1), but not
subparagraph (B) of such subsection, with respect to such
year; and
``(D) with respect to the initial price applicability year
2028 or a subsequent year, not more than 20 negotiation-
eligible drugs described in subparagraph (A) of subsection
(d)(1), but not subparagraph (B) of such subsection, with
respect to such year; and
``(2) all negotiation-eligible drugs described in
subparagraph (B) of such subsection with respect to such
year.
Subject to subsection (c)(2) and section 1194(f)(5), each
drug published on the list pursuant to the previous sentence
shall be subject to the negotiation process under section
1194 for the negotiation period with respect to such initial
price applicability year (and the renegotiation process under
such section as applicable for any subsequent year during the
applicable price applicability period).
``(b) Selection of Drugs.--
``(1) In general.--In carrying out subsection (a)(1),
subject to paragraph (2), the Secretary shall, with respect
to an initial price applicability year--
``(A) rank a combined list of negotiation-eligible drugs
described in subsection (d)(1)(A) according to the total
expenditures for such drugs under parts B and D of title
XVIII, as determined by the Secretary, during the most recent
period of 12 months prior to the selected drug publication
date (but ending not later than October 31 of the year prior
to the year of such drug publication date), with respect to
such year, for which data are available, with the
negotiation-eligible drugs with the highest total
expenditures being ranked the highest; and
``(B) select from such ranked combined list for inclusion
on the published list described in subsection (a) with
respect to such year the negotiation-eligible drugs with the
highest such rankings.
[[Page H6563]]
``(2) High spend part d drugs for 2025 and 2026.--With
respect to the initial price applicability year 2025 and with
respect to the initial price applicability year 2026, the
Secretary shall apply paragraph (1) as if the reference to
`negotiation-eligible drugs described in subsection
(d)(1)(A)' were a reference to `negotiation-eligible drugs
described in subsection (d)(1)(A)(i)' and as if the reference
to `total expenditures for such drugs under parts B and D of
title XVIII' were a reference to `total expenditures for such
drugs under part D of title XVIII'.
``(c) Selected Drug.--
``(1) In general.--For purposes of this part, consistent
with subsection (e)(2) and subject to paragraph (2), each
negotiation-eligible drug included on the list published
under subsection (a) with respect to an initial price
applicability year shall be referred to as a `selected drug'
with respect to such year and each subsequent year beginning
before the first year that begins after the date on which the
Secretary determines at least one drug or biological
product--
``(A) is approved or licensed (as applicable)--
``(i) under section 505(j) of the Federal Food, Drug, and
Cosmetic Act using such drug as the listed drug; or
``(ii) under section 351(k) of the Public Health Service
Act using such drug as the reference product; and
``(B) is marketed pursuant to such approval or licensure.
``(2) Clarification.--A negotiation-eligible drug--
``(A) that is included on the list published under
subsection (a) with respect to an initial price applicability
year; and
``(B) for which the Secretary makes a determination
described in paragraph (1) before or during the negotiation
period with respect to such initial price applicability year,
shall not be subject to the negotiation process under section
1194 with respect to such negotiation period and shall
continue to be considered a selected drug under this part
with respect to the number of negotiation-eligible drugs
published on the list under subsection (a) with respect to
such initial price applicability year.
``(d) Negotiation-Eligible Drug.--
``(1) In general.--For purposes of this part, subject to
paragraph (2), the term `negotiation-eligible drug' means,
with respect to the selected drug publication date with
respect to an initial price applicability year, a qualifying
single source drug, as defined in subsection (e), that is
described in either of the following subparagraphs (or, with
respect to the initial price applicability year 2025 or 2026,
that is described in subparagraph (A)(i) or (B)):
``(A) High spend drugs.--The qualifying single source drug
is, determined in accordance with subsection (e)(2)--
``(i) among the 50 qualifying single source drugs with the
highest total expenditures under part D of title XVIII, as
determined by the Secretary in accordance with paragraph (3),
during the most recent period for which data are available of
at least 12 months prior to the selected drug publication
date (but ending no later than October 31 of the year prior
to the year of such drug publication date), with respect to
such year; or
``(ii) among the 50 qualifying single source drugs with the
highest total expenditures under part B of title XVIII, as
determined by the Secretary in accordance with paragraph (3),
during such most recent period, as described in clause (i).
``(B) Insulin.--The qualifying single source drug is
described in subsection (e)(1)(C).
``(2) Exception for small biotech drugs.--
``(A) In general.--Subject to subparagraph (C), the term
`negotiation-eligible drug' shall not include, with respect
to the initial price applicability years 2025, 2026, and
2027, a qualifying single source drug that meets either of
the following:
``(i) Part d drugs.--The total expenditures for the
qualifying single source drug under part D of title XVIII, as
determined by the Secretary in accordance with paragraph (3),
during 2021--
``(I) are equal to or less than 1 percent of the total
expenditures under such part D, as so determined, for all
covered part D drugs during such year; and
``(II) are equal to at least 80 percent of the total
expenditures under such part D, as so determined, for all
covered part D drugs for which the manufacturer of the drug
has an agreement in effect under section 1860D-14A during
such year.
``(ii) Part b drugs.--The total expenditures for the
qualifying single source drug under part B of title XVIII, as
determined by the Secretary in accordance with paragraph (3),
during 2021--
``(I) are equal to or less than 1 percent of the total
expenditures under such part B, as so determined, for all
qualifying single source drugs covered under such part B
during such year; and
``(II) are equal to at least 80 percent of the total
expenditures under such part B, as so determined, for all
qualifying single source drugs of the manufacturer that are
covered under such part B during such year.
``(B) Clarifications relating to manufacturers.--
``(i) Aggregation rule.--All persons treated as a single
employer under subsection (a) or (b) of section 52 of the
Internal Revenue Code of 1986 shall be treated as one
manufacturer for purposes of this paragraph.
``(ii) Limitation.--A qualifying single source drug
described in subparagraph (A) shall not include a qualifying
single source drug of a manufacturer if such manufacturer is
acquired after 2021 by another manufacturer that does not
meet the definition of a specified manufacturer under section
1860D-14C(g)(4)(B)(ii)), effective at the beginning of the
plan year immediately following such acquisition or, in the
case of an acquisition before 2024, effective January 1,
2024.
``(C) Drugs not included as small biotech drugs.--The
following shall not be considered a qualifying single source
drug described in subparagraph (A):
``(i) A vaccine that is licensed under section 351 of the
Public Health Service Act and is marketed pursuant to such
section.
``(ii) A new formulation, such as an extended release
formulation, of a qualifying single source drug.
``(iii) A qualifying single source drug described in
subsection (e)(1)(C).
``(3) Clarifications and determinations.--
``(A) Previously selected drugs and small biotech drugs
excluded.--In applying clauses (i) and (ii) of paragraph
(1)(A), the Secretary shall not consider or count--
``(i) drugs that are already selected drugs; and
``(ii) for initial price applicability years 2025, 2026,
and 2027, qualifying single source drugs described in
paragraph (2)(A).
``(B) Use of data.--In determining whether a qualifying
single source drug satisfies any of the criteria described in
paragraph (1) or (2), the Secretary shall use data that is
aggregated across dosage forms and strengths of the drug,
including new formulations of the drug, such as an extended
release formulation, and not based on the specific
formulation or package size or package type of the drug.
``(4) Publication.--Not later than the selected drug
publication date with respect to an initial price
applicability year, the Secretary shall publish in the
Federal Register a list of negotiation-eligible drugs with
respect to such selected drug publication date.
``(e) Qualifying Single Source Drug.--
``(1) In general.--For purposes of this part, the term
`qualifying single source drug' means, with respect to an
initial price applicability year, subject to paragraphs (2)
and (3), a covered part D drug (as defined in section 1860D-
2(e)) that is described in any of the following or a drug or
biological product covered under part B of title XVIII that
is described in any of the following:
``(A) Drug products.--A drug--
``(i) that is approved under section 505(c) of the Federal
Food, Drug, and Cosmetic Act and is marketed pursuant to such
approval;
``(ii) for which, as of the selected drug publication date
with respect to such initial price applicability year, at
least 7 years will have elapsed since the date of such
approval; and
``(iii) that is not the listed drug for any drug that is
approved and marketed under section 505(j) of such Act.
``(B) Biological products.--A biological product--
``(i) that is licensed under section 351(a) of the Public
Health Service Act and is marketed under section 351 of such
Act;
``(ii) for which, as of the selected drug publication date
with respect to such initial price applicability year, at
least 11 years will have elapsed since the date of such
licensure; and
``(iii) that is not the reference product for any
biological product that is licensed and marketed under
section 351(k) of such Act.
``(C) Insulin product.--Any insulin product that is
approved under section 505 of the Federal Food, Drug, and
Cosmetic Act or licensed under section 351 of the Public
Health Service Act and marketed pursuant to such approval or
licensure, including any insulin product that has been deemed
to be licensed under section 351 of the Public Health Service
Act pursuant to section 7002(e)(4) of the Biologics Price
Competition and Innovation Act of 2009 and is marketed
pursuant to such section, regardless of whether such insulin
product would be described in subparagraph (A) or (B).
``(2) Treatment of authorized generic drugs.--
``(A) In general.--In the case of a qualifying single
source drug described in subparagraph (A) or (B) of paragraph
(1) that is the listed drug (as such term is used in section
505(j) of the Federal Food, Drug, and Cosmetic Act) or the
reference product (as defined in section 351(i) of the Public
Health Service Act), with respect to an authorized generic
drug, in applying the provisions of this part, such
authorized generic drug and such listed drug or reference
product shall be treated as the same qualifying single source
drug.
``(B) Authorized generic drug defined.--For purposes of
this paragraph, the term `authorized generic drug' means--
``(i) in the case of a drug, an authorized generic drug (as
such term is defined in section 505(t)(3) of the Federal
Food, Drug, and Cosmetic Act); and
``(ii) in the case of a biological product, a reference
product (as such term is defined in section 351(i) of the
Public Health Service Act) that--
``(I) has been licensed under section 351(a) of such Act;
and
``(II) is marketed, sold, or distributed directly or
indirectly to retail class of trade under a different
labeling, packaging (other than repackaging as the reference
product in blister packs, unit doses, or similar packaging
for use in institutions), product code, labeler code, trade
name, or trade mark than the reference product.
``(3) Exclusions.--In this part, the term `qualifying
single source drug' does not include any of the following:
``(A) Certain orphan drugs.--A drug that is designated as a
drug for only one rare disease or condition under section 526
of the Federal Food, Drug, and Cosmetic Act and for which the
only approved indication (or indications) is for such disease
or condition.
``(B) Low spend medicare drugs.--A drug or biological
product (other than an insulin product described in paragraph
(1)(C)) with respect to which the total expenditures under
parts B and D of title XVIII, as determined by the Secretary,
during the most recent period for which data are available of
at least 12 months prior to
[[Page H6564]]
the selected drug publication date (but ending no later than
October 31 of the year prior to the year of such drug
publication date), with respect to such year is less than--
``(i) with respect to 2021, $200,000,000; or
``(ii) with respect to a subsequent year, the dollar amount
specified in this subparagraph for the previous year
increased by the annual percentage increase in the consumer
price index (all items; U.S. city average) as of December of
such previous year.
``(f) No Administrative or Judicial Review of
Determinations and Selections.--The determination of
negotiation-eligible drugs under subsection (d) and the
selection of drugs under this section are not subject to
administrative or judicial review.
``SEC. 1193. MANUFACTURER AGREEMENTS.
``(a) In General.--For purposes of section 1191(a)(2), the
Secretary shall enter into agreements with manufacturers of
selected drugs with respect to a price applicability period,
by not later than February 28 following the selected drug
publication date with respect to such selected drug, under
which--
``(1) during the negotiation period for the initial price
applicability year for the selected drug, the Secretary and
manufacturer, in accordance with section 1194, negotiate to
determine (and, by not later than the last date of such
period, agree to) a maximum fair price for such selected drug
of the manufacturer in order for the manufacturer to provide
access to such price--
``(A) to maximum fair price eligible individuals who with
respect to such drug are described in subparagraph (A) of
section 1191(c)(1) and are dispensed such drug (and to
pharmacies, mail order services, and other dispensers, with
respect to such maximum fair price eligible individuals who
are dispensed such drugs) during, subject to subparagraph
(2), the price applicability period; and
``(B) to hospitals, physicians, and other providers of
services and suppliers with respect to maximum fair price
eligible individuals who with respect to such drug are
described in subparagraph (B) of such section and are
furnished or administered such drug during, subject to
subparagraph (2), the price applicability period;
``(2) the Secretary and the manufacturer shall, in
accordance with section 1194, renegotiate (and, by not later
than the last date of such period, agree to) the maximum fair
price for such drug, in order for the manufacturer to provide
access to such maximum fair price (as so renegotiated)--
``(A) to maximum fair price eligible individuals who with
respect to such drug are described in subparagraph (A) of
section 1191(c)(1) and are dispensed such drug (and to
pharmacies, mail order services, and other dispensers, with
respect to such maximum fair price eligible individuals who
are dispensed such drugs) during any year during the price
applicability period (beginning after such renegotiation)
with respect to such selected drug; and
``(B) to hospitals, physicians, and other providers of
services and suppliers with respect to maximum fair price
eligible individuals who with respect to such drug are
described in subparagraph (B) of such section and are
furnished or administered such drug during any year described
in subparagraph (A);
``(3) access to the maximum fair price (including as
renegotiated pursuant to paragraph (2)), with respect to such
a selected drug, shall be provided by the manufacturer to--
``(A) maximum fair price eligible individuals, who with
respect to such drug are described in subparagraph (A) of
section 1191(c)(1), at the pharmacy, mail order service, or
other dispenser at the point-of-sale of such drug (and shall
be provided by the manufacturer to the pharmacy, mail order
service, or other dispenser, with respect to such maximum
fair price eligible individuals who are dispensed such
drugs), as described in paragraph (1)(A) or (2)(A), as
applicable; and
``(B) hospitals, physicians, and other providers of
services and suppliers with respect to maximum fair price
eligible individuals who with respect to such drug are
described in subparagraph (B) of such section and are
furnished or administered such drug, as described in
paragraph (1)(B) or (2)(B), as applicable;
``(4) the manufacturer, subject to subsection (d), submits
to the Secretary, through an online portal established by the
Secretary or other form and manner specified by the
Secretary, for the negotiation period for the price
applicability period (and, if applicable, before any period
of renegotiation pursuant to section 1194(f)) with respect to
such drug--
``(A) information on the non-Federal average manufacturer
price for the drug for the applicable year or period; and
``(B) all other information that the Secretary requires to
carry out the negotiation (or renegotiation process) under
this part, including information described in section
1194(e)(1); and
``(5) the manufacturer complies with requirements imposed
by the Secretary for purposes of administering the program,
including with respect to the duties described in section
1196.
``(b) Agreement in Effect Until Drug Is No Longer a
Selected Drug.--An agreement entered into under this section
shall be effective, with respect to a selected drug, until
such drug is no longer considered a selected drug under
section 1192(c).
``(c) Confidentiality of Information.--Information
submitted to the Secretary under this part by a manufacturer
of a selected drug that is proprietary information of such
manufacturer (as determined by the Secretary) shall be used
only by the Secretary or disclosed to and used by the
Comptroller General of the United States or the Medicare
Payment Advisory Commission for purposes of carrying out this
part.
``(d) Implementation for 2025 and 2026.--Notwithstanding
any other provision of this part, the Secretary shall
implement this section for 2025 and 2026 by program
instruction or otherwise.
``SEC. 1194. NEGOTIATION AND RENEGOTIATION PROCESS.
``(a) In General.--For purposes of this part, under an
agreement under section 1193 between the Secretary and a
manufacturer of a selected drug, with respect to the period
for which such agreement is in effect and in accordance with
subsections (b), (c), and (d), the Secretary and the
manufacturer--
``(1) shall during the negotiation period with respect to
such drug, in accordance with this section, negotiate a
maximum fair price for such drug for the purpose described in
section 1193(a)(1); and
``(2) renegotiate, in accordance with the process specified
pursuant to subsection (f), such maximum fair price for such
drug if such drug is a renegotiation-eligible drug under such
subsection.
``(b) Negotiation Process Requirements.--
``(1) Methodology and process.--The Secretary shall develop
and use a consistent methodology and process, in accordance
with paragraph (2), for negotiations under subsection (a)
that aims to achieve the lowest maximum fair price for each
selected drug.
``(2) Specific elements of negotiation process.--As part of
the negotiation process under this section, with respect to a
selected drug and the negotiation period with respect to the
initial price applicability year with respect to such drug,
the following shall apply:
``(A) Submission of information.--Not later than March 1 of
the year of the selected drug publication date, with respect
to the selected drug, the manufacturer of the drug shall
submit to the Secretary, in accordance with section
1193(a)(4), the information described in such section.
``(B) Initial offer by secretary.--Not later than the June
1 following the selected drug publication date, the Secretary
shall provide the manufacturer of a selected drug with a
written initial offer that contains the Secretary's proposal
for the maximum fair price of the drug and a list of the
considerations described in section 1194(e) that were used in
developing such offer.
``(C) Response to initial offer.--
``(i) In general.--Not later than 30 days after the date of
receipt of an initial offer under subparagraph (B), the
manufacturer shall either accept such offer or propose a
counteroffer to such offer.
``(ii) Counteroffer requirements.--If a manufacturer
proposes a counteroffer, such counteroffer--
``(I) shall be in writing; and
``(II) shall be justified based on the factors described in
subsection (e).
``(D) Response to counteroffer.--After receiving a
counteroffer under subparagraph (C), the Secretary shall
respond in writing to such counteroffer.
``(E) Deadline.--All negotiations shall end prior to the
first day of November following the selected drug publication
date, with respect to the initial price applicability year.
``(F) Limitations on offer amount.--In negotiating the
maximum fair price of a selected drug, with respect to an
initial price applicability year for the selected drug, and,
as applicable, in renegotiating the maximum fair price for
such drug, with respect to a subsequent year during the price
applicability period for such drug, the Secretary shall not
offer (or agree to a counteroffer for) a maximum fair price
for the selected drug that--
``(i) exceeds the ceiling determined under subsection (c)
for the selected drug and year; or
``(ii) as applicable, is less than the floor determined
under subsection (d) for the selected drug and year.
``(G) Treatment of determination.--The establishment of a
maximum fair price under this section is not subject to
administrative or judicial review.
``(c) Ceiling for Maximum Fair Price.--
``(1) In general.--The maximum fair price negotiated under
this section for a selected drug, with respect to the first
year of the price applicability period with respect to such
drug, shall not exceed the applicable percent described in
paragraph (2), with respect to such drug, of the following:
``(A) Initial price applicability year 2025.--In the case
of a selected drug with respect to which such initial price
applicability year is 2025, the average of the non-Federal
average manufacturer price for such drug for the first 3
calendar quarters of 2021 (or, in the case that there is not
a non-Federal average manufacturer price available for such
drug for any of such first 3 calendar quarters of 2021, for
the first full year following the market entry for such
drug), increased by the percentage increase in the consumer
price index for all urban consumers (all items; United States
city average) from September 2021 (or such first full year
following the market entry), as applicable, to the year prior
to the selected drug publication date with respect to such
initial price applicability year.
``(B) Initial price applicability year 2026 and subsequent
years.--In the case of a selected drug with respect to which
such initial price applicability year is 2026 or a subsequent
year, the lower of--
``(i) the average of the non-Federal average manufacturer
price for such drug for the first 3 calendar quarters of 2021
(or, in the case that there is not a non-Federal average
manufacturer price available for such drug for any of such
first 3 calendar quarters of 2021, for the first full year
following the market entry for such drug), increased by the
percentage increase in the consumer price index for all urban
consumers (all items; United States city average) from
September 2021 (or such first full year following the market
entry), as applicable, to the
[[Page H6565]]
year prior to the selected drug publication date with respect
to such initial price applicability year; or
``(ii) the non-Federal average manufacturer price for such
drug for the year prior to the selected drug publication date
with respect to such initial price applicability year.
``(2) Applicable percent described.--For purposes of
paragraph (1), the applicable percent described in this
paragraph is the following:
``(A) Short-monopoly drugs.--With respect to a selected
drug (other than a post-exclusivity drug and a long-monopoly
drug), 75 percent.
``(B) Post-exclusivity drugs.--With respect to a post-
exclusivity drug, 65 percent.
``(C) Long-monopoly drugs.--With respect to a long-monopoly
drug, 40 percent.
``(3) Post-exclusivity drug defined.--
``(A) In general.--In this part, subject to subparagraph
(B), the term `post-exclusivity drug' means, with respect to
an initial price applicability year, a selected drug for
which at least 12 years, but fewer than 16 years, have
elapsed since the date of approval of such drug under section
505(c) of the Federal Food, Drug, and Cosmetic Act or since
the date of licensure of such drug under section 351(a) of
the Public Health Service Act, as applicable.
``(B) Exclusions.--The term `post-exclusivity drug' shall
not include any of the following:
``(i) A vaccine that is licensed under section 351 of the
Public Health Service Act and marketed pursuant to such
section.
``(ii) A selected drug that had an agreement under this
part with the Secretary prior to the initial price
applicability year 2030.
``(C) Clarification.--Nothing in subparagraph (B)(ii) shall
limit the transition of a selected drug described in
paragraph (2)(A) to a long-monopoly drug if the selected drug
meets the definition of a long-monopoly drug.
``(4) Long-monopoly drug defined.--
``(A) In general.--In this part, subject to subparagraph
(B), the term `long-monopoly drug' means, with respect to an
initial price applicability year, a selected drug for which
at least 16 years have elapsed since the date of approval of
such drug under section 505(c) of the Federal Food, Drug, and
Cosmetic Act or since the date of licensure of such drug
under section 351(a) of the Public Health Service Act, as
applicable.
``(B) Exclusion.--The term `long-monopoly drug' shall not
include a vaccine that is licensed under section 351 of the
Public Health Service Act and marketed pursuant to such
section.
``(5) Non-federal average manufacturer price.--In this
part, the term `non-Federal average manufacturer price' has
the meaning given such term in section 8126(h)(5) of title
38, United States Code.
``(d) Temporary Floor for Small Biotech Drugs.--In the case
of a selected drug that is a qualifying single source drug
described in section 1192(d)(2) and with respect to which the
first initial price applicability year of the price
applicability period with respect to such drug is 2028 or
2029, the maximum fair price negotiated under this section
for such drug for such initial price applicability year may
not be less than 66 percent of the average of the non-Federal
average manufacturer price for such drug (as defined and
applied in subsection (c)(4)) for the first 3 calendar
quarters of 2021 (or, in the case that there is not a non-
Federal average manufacturer price available for such drug
for any of such first 3 calendar quarters of 2021, for the
first full year following the market entry for such drug),
increased by the percentage increase in the consumer price
index for all urban consumers (all items; United States city
average) from September 2021 (or such first full year
following the market entry), as applicable, to the year prior
to the selected drug publication date with respect to the
initial price applicability year.
``(e) Considerations.--For purposes of negotiating the
maximum fair price of a selected drug under this part with
the manufacturer of the drug, the Secretary shall consider
the following factors (and, with respect to post-exclusivity
drugs and long-monopoly drugs, shall not consider factors
other than those described in subparagraphs (B) and (C) of
paragraph (1)):
``(1) Manufacturer-specific information.--The following
information, with respect to such selected drug, including as
submitted by the manufacturer:
``(A) Research and development costs of the manufacturer
for the drug and the extent to which the manufacturer has
recouped research and development costs.
``(B) Market data for the drug, including the distribution
of sales across different programs and purchasers and
projected future revenues for the drug.
``(C) Unit costs of production and distribution of the
drug.
``(D) Prior Federal financial support for novel therapeutic
discovery and development with respect to the drug.
``(E) Data on patents and on existing and pending
exclusivity for the drug.
``(F) National sales data for the drug.
``(G) Information on clinical trials for the drug.
``(2) Information on unmet medical needs and alternative
treatments.--The following information, with respect to such
selected drug:
``(A) The extent to which the drug represents a therapeutic
advance as compared to existing therapeutic alternatives and,
to the extent such information is available, the costs of
such existing therapeutic alternatives.
``(B) Information on approval by the Food and Drug
Administration of alternative drug products or biological
products.
``(C) Information on comparative effectiveness analysis for
such products, taking into consideration the effects of such
products on specific populations, such as individuals with
disabilities, the elderly, the terminally ill, children, and
other patient populations.
``(D) The extent to which the drug addresses unmet medical
needs for a condition for which treatment or diagnosis is not
addressed adequately by available therapy.
In considering information described in subparagraph (C), the
Secretary shall not use evidence or findings from comparative
clinical effectiveness research in a manner that treats
extending the life of an elderly, disabled, or terminally ill
individual as of lower value than extending the life of an
individual who is younger, nondisabled, or not terminally
ill.
``(3) Additional information.--Information submitted to the
Secretary, in accordance with a process specified by the
Secretary, by other parties that are affected by the
establishment of a maximum fair price for the selected drug.
``(f) Renegotiation Process.--
``(1) In general.--In the case of a renegotiation-eligible
drug (as defined in paragraph (2)) that is selected under
paragraph (3), the Secretary shall provide for a process of
renegotiation (for years (beginning with 2027) during the
price applicability period, with respect to such drug) of the
maximum fair price for such drug consistent with paragraph
(4).
``(2) Renegotiation-eligible drug defined.--In this
section, the term `renegotiation-eligible drug' means a
selected drug that is any of the following:
``(A) Addition of new indication.--A selected drug for
which a new indication is added to the drug.
``(B) Change of status to a post-exclusivity drug.--A
selected drug that is described in section 1192(d)(1)(A)
that--
``(i) is not a post-exclusivity drug or a long-monopoly
drug; and
``(ii) for which there is a change in status to that of a
post-exclusivity drug.
``(C) Change of status to a long-monopoly drug.--A selected
drug that is described in section 1192(d)(1)(A) that--
``(i) is not a long-monopoly drug; and
``(ii) for which there is a change in status to that of a
long-monopoly drug.
``(D) Material changes.--A selected drug for which the
Secretary determines there has been a material change of
factors described in paragraph (1) or (2) of subsection (e).
``(3) Selection of drugs for renegotiation.--Each year the
Secretary shall select among renegotiation-eligible drugs for
renegotiation as follows:
``(A) All post-exclusivity negotiation-eligible drugs.--The
Secretary shall select all renegotiation-eligible drugs
described in paragraph (2)(B).
``(B) All long-monopoly negotiation-eligible drugs.--The
Secretary shall select all renegotiation-eligible drugs
described in paragraph (2)(C).
``(C) Remaining drugs.--Among the remaining renegotiation-
eligible drugs described in subparagraphs (A) and (D) of
paragraph (2), the Secretary shall select renegotiation-
eligible drugs for which the Secretary expects renegotiation
is likely to result in a significant change in the maximum
fair price otherwise negotiated.
``(4) Renegotiation process.--The Secretary shall specify
the process for renegotiation of maximum fair prices with the
manufacturer of a renegotiation-eligible drug selected for
renegotiation under this subsection. Such process shall, to
the extent practicable, be consistent with the methodology
and process established under subsection (b) and in
accordance with subsections (c) and (d), and for purposes of
applying subsections (c) and (d), the reference to the first
initial price applicability year of the price applicability
period with respect to such drug shall be treated as the
first initial price applicability year of such period for
which the maximum fair price established pursuant to such
renegotiation applies, including for applying subsection
(c)(2)(B) in the case of renegotiation-eligible drugs
described in paragraph (3)(A) of this subsection and
subsection (c)(2)(C) in the case of renegotiation-eligible
drugs described in paragraph (3)(B) of this subsection.
``(5) Clarification.--A renegotiation-eligible drug for
which the Secretary makes a determination described in
section 1192(c)(1) before or during the period of
renegotiation shall not be subject to the renegotiation
process under this section.
``(6) No administrative or judicial review.--The
determination of renegotiation-eligible drugs under paragraph
(2) and the selection of renegotiation-eligible drugs under
paragraph (3) are not subject to administrative or judicial
review.
``(g) Request for Information.--For purposes of negotiating
and, as applicable, renegotiating (including for purposes of
determining whether to renegotiate) the maximum fair price of
a selected drug under this part with the manufacturer of the
drug, with respect to a price applicability period, and other
relevant data for purposes of this section--
``(1) the Secretary shall, not later than the selected drug
publication date with respect to the initial price
applicability year of such period, request drug pricing
information from the manufacturer of such selected drug,
including information described in subsection (e)(1); and
``(2) by not later than March 1 following the selected drug
publication date, the manufacturer of such selected drug
shall submit to the Secretary such requested information in
such form and manner as the Secretary requires.
The Secretary shall request, from the manufacturer or others,
all additional information needed to carry out the
negotiation and renegotiation process under this section.
(h) Clarification.--In no case shall the maximum fair price
negotiated under this section for a selected drug that is a
qualifying single source drug described in subparagraph (A)
or (B) of section 1192(e)(1) apply before--
[[Page H6566]]
(1) in the case of the selected drug is a qualifying single
source drug described in such subparagraph (A), the date that
is 9 years after the date on which the drug was approved
under section 505(c) of the Federal Food, Drug, and Cosmetic
Act; and
(2) in the case the selected drug is a qualifying single
source drug described in such subparagraph (B), the date that
is 13 years after the date on which the drug was licensed
under section 351(a) of the Public Health Service Act.
``(i) Implementation for 2025 and 2026.--Notwithstanding
any other provision of this part, the Secretary shall
implement this section for 2025 and 2026 by program
instruction or otherwise.
``SEC. 1195. PUBLICATION OF MAXIMUM FAIR PRICES.
``(a) In General.--With respect to an initial price
applicability year and a selected drug with respect to such
year--
``(1) not later than November 15 of the year that is 2
years prior to such initial price applicability year, the
Secretary shall publish on CMS.gov the maximum fair price for
such drug negotiated under this part with the manufacturer of
such drug;
``(2) not later than November 30 of the year that is 2
years prior to such initial price applicability year, the
Secretary shall publish in the Federal Register the maximum
fair price for such drug described in paragraph (1); and
``(3) not later than March 1 of the year prior to such
initial price applicability year, the Secretary shall publish
in the Federal Register, subject to section 1193(c) and based
on the considerations as described in section 1194(e), the
explanation for the maximum fair price for such drug
described in paragraphs (1) and (2).
``(b) Updates.--
``(1) Subsequent year maximum fair prices.--For a selected
drug, for each year subsequent to first initial price
applicability year of the price applicability period with
respect to such drug, with respect to which an agreement for
such drug is in effect under section 1193, not later than
November 30 of the year that is 2 years prior to such
subsequent year, the Secretary shall publish in the Federal
Register the maximum fair price applicable to such drug and
year, which shall be--
``(A) subject to subparagraph (B), the amount equal to the
maximum fair price published for such drug for the previous
year, increased by the annual percentage increase in the
consumer price index for all urban consumers (all items; U.S.
city average) as of September of such previous year; or
``(B) in the case the maximum fair price for such drug was
renegotiated, for the first year for which such price as so
renegotiated applies, such renegotiated maximum fair price.
``(2) Prices negotiated after deadline.--In the case of a
selected drug with respect to an initial price applicability
year for which the maximum fair price is determined under
this part after the date of publication under this section,
the Secretary shall publish such maximum fair price in the
Federal Register by not later than 30 days after the date
such maximum price is so determined.
``SEC. 1196. ADMINISTRATIVE DUTIES; COORDINATION PROVISIONS.
``(a) Administrative Duties.--
``(1) In general.--For purposes of section 1191, the
administrative duties described in this section are the
following:
``(A) The establishment of procedures to ensure that the
maximum fair price for a selected drug is applied before--
``(i) any coverage or financial assistance under other
health benefit plans or programs that provide coverage or
financial assistance for the purchase or provision of
prescription drug coverage on behalf of maximum fair price
eligible individuals; and
``(ii) any other discounts.
``(B) The establishment of procedures to compute and apply
the maximum fair price across different strengths and dosage
forms of a selected drug and not based on the specific
formulation or package size or package type of the drug.
``(C) The establishment of procedures to carry out the
provisions of this part, as applicable, with respect to--
``(i) maximum fair price eligible individuals who are
enrolled under a prescription drug plan under part D of title
XVIII or an MA-PD plan under part C of such title; and
``(ii) maximum fair price eligible individuals who are
enrolled under part B of such title, including who are
enrolled under an MA plan under part C of such title.
``(D) The establishment of a negotiation process and
renegotiation process in accordance with section 1194,
including a process for acquiring information described in
subsection (e) of such section.
``(E) The establishment of an online portal which
manufacturers shall be required to use to submit information
described in section 1194(b)(2)(A).
``(F) The sharing with the Secretary of the Treasury of
such information as is necessary to determine the tax imposed
by section 4192 of the Internal Revenue Code of 1986
(relating to enforcement of this part).
``(G) The establishment of an attestation and verification
process for purposes of applying section 1192(d)(2)(B).
``(2) Monitoring compliance.--The Secretary shall monitor
compliance by a manufacturer with the terms of an agreement
under section 1193, including by establishing a mechanism
through which violations of such terms shall be reported.
``(b) Implementation for 2025 and 2026.--Notwithstanding
any other provision of this part, the Secretary shall
implement this section for 2025 and 2026 by program
instruction or otherwise.
``SEC. 1197. CIVIL MONETARY PENALTY.
``(a) Violations Relating to Offering of Maximum Fair
Price.--Any manufacturer of a selected drug that has entered
into an agreement under section 1193, with respect to a year
during the price applicability period with respect to such
drug, that does not provide access to a price that is not
more than the maximum fair price (or a lesser price) for such
drug for such year--
``(1) to a maximum fair price eligible individual who with
respect to such drug is described in subparagraph (A) of
section 1191(c)(1) and who is dispensed such drug during such
year (and to pharmacies, mail order services, and other
dispensers, with respect to such maximum fair price eligible
individuals who are dispensed such drugs); or
``(2) to a hospital, physician, or other provider of
services or supplier with respect to maximum fair price
eligible individuals who with respect to such drug is
described in subparagraph (B) of such section and is
furnished or administered such drug by such hospital,
physician, or provider or supplier during such year;
shall be subject to a civil monetary penalty equal to ten
times the amount equal to the product of the number of units
of such drug so furnished, dispensed, or administered during
such year and the difference between the price for such drug
made available for such year by such manufacturer with
respect to such individual or hospital, physician, provider
of services, or supplier and the maximum fair price for such
drug for such year.
``(b) Violations of Certain Terms of Agreement.--Any
manufacturer of a selected drug that has entered into an
agreement under section 1193, with respect to a year during
the price applicability period with respect to such drug,
that is in violation of a requirement imposed pursuant to
section 1193(a)(5), including the requirement to submit
information pursuant to section 1193(a)(4), shall be subject
to a civil monetary penalty equal to $1,000,000 for each day
of such violation.
``(c) False Information.--Any manufacturer that knowingly
provides false information for the attestation process or
verification process established pursuant to section
1196(a)(1)(H), shall be subject to a civil monetary penalty
equal to $100,000,000 for each item of such false
information.
``(d) Application.--The provisions of section 1128A (other
than subsections (a) and (b)) shall apply to a civil monetary
penalty under this section in the same manner as such
provisions apply to a penalty or proceeding under section
1128A(a).''.
(b) Application of Maximum Fair Prices and Conforming
Amendments.--
(1) Under medicare.--
(A) Application to payments under part b.--Section
1847A(b)(1)(B) of the Social Security Act (42 U.S.C. 1395w-
3a(b)(1)(B)) is amended by inserting ``or in the case of such
a drug or biological that is a selected drug (as referred to
in section 1192(c)), with respect to a price applicability
period (as defined in section 1191(b)(2)), 106 percent of the
maximum fair price (as defined in section 1191(c)(2))
applicable for such drug and a year during such period''
after ``paragraph (4)''.
(B) Application under ma of cost-sharing for part b drugs
based off of negotiated price.--Section 1852(a)(1)(B)(iv) of
the Social Security Act (42 U.S.C. 1395w-22(a)(1)(B)(iv)) is
amended--
(i) by redesignating subclause (VII) as subclause (VIII);
and
(ii) by inserting after subclause (VI) the following
subclause:
``(VII) A drug or biological that is a selected drug (as
referred to in section 1192(c)).''.
(C) Exception to part D non-interference.--Section 1860D-
11(i) of the Social Security Act (42 U.S.C. 1395w-111(i)) is
amended--
(i) in paragraph (1), by striking ``and'' at the end;
(ii) in paragraph (2), by striking ``or institute a price
structure for the reimbursement of covered part D drugs'' and
inserting ``for covered part D drugs; and''; and
(iii) by adding at the end the following:
``(3) may not institute a price structure for the
reimbursement of covered part D drugs, except as provided
under part E of title XI.''.
(D) Application as negotiated price under part d.--Section
1860D-2(d)(1) of the Social Security Act (42 U.S.C. 1395w-
102(d)(1)) is amended--
(i) in subparagraph (B), by inserting ``, subject to
subparagraph (D),'' after ``negotiated prices''; and
(ii) by adding at the end the following new subparagraph:
``(D) Application of maximum fair price for selected
drugs.--In applying this section, in the case of a covered
part D drug that is a selected drug (as referred to in
section 1192(c)), with respect to a price applicability
period (as defined in section 1191(b)(2)), the negotiated
prices used for payment (as described in this subsection)
shall be no greater than the maximum fair price (as defined
in section 1191(c)(2)) for such drug and for each year during
such period plus any dispensing fees for such drug.''.
(E) Coverage of selected drugs.--Section 1860D-4(b)(3) of
the Social Security Act (42 U.S.C. 1395w-104(b)(3)) is
amended by adding at the end the following new subparagraph:
``(I) Required inclusion of selected drugs.--For 2025 and
each subsequent year, the PDP sponsor offering a prescription
drug plan shall include each covered part D drug that is a
selected drug under section 1192 for which an agreement for
such drug is in effect under section 1193 with respect to the
year.''.
(F) Information from prescription drug plans and ma-pd
plans required.--
[[Page H6567]]
(i) Prescription drug plans.--Section 1860D-12(b) of the
Social Security Act (42 U.S.C. 1395w-112(b)) is amended by
adding at the end the following new paragraph:
``(8) Provision of information related to maximum fair
prices.--Each contract entered into with a PDP sponsor under
this part with respect to a prescription drug plan offered by
such sponsor shall require the sponsor to provide information
to the Secretary as requested by the Secretary in accordance
with section 1194(g).''.
(ii) MA-PD plans.--Section 1857(f)(3) of the Social
Security Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding
at the end the following new subparagraph:
``(E) Provision of information related to maximum fair
prices.--Section 1860D-12(b)(8).''.
(2) Drug price negotiation program prices included in best
price.--Section 1927(c)(1)(C) of the Social Security Act (42
U.S.C. 1396r-8(c)(1)(C)) is amended--
(A) in clause (i)(VI), by striking ``any prices charged''
and inserting ``subject to clause (ii)(V), any prices
charged''; and
(B) in clause (ii)--
(i) in subclause (III), by striking at the end ``; and'';
(ii) in subclause (IV), by striking at the end the period
and inserting ``; and''; and
(iii) by adding at the end the following new subclause:
``(V) in the case of a rebate period and a covered
outpatient drug that is a selected drug (as referred to in
section 1192(c)) during such rebate period, shall be
inclusive of the maximum fair price (as defined in section
1191(c)(2)) for such drug with respect to such period.''.
SEC. 139002. SELECTED DRUG MANUFACTURER EXCISE TAX IMPOSED
DURING NONCOMPLIANCE PERIODS.
(a) In General.--Chapter 32 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subchapter:
``Subchapter E--Other Items
``Sec. 4192. Selected drugs during noncompliance periods.
``SEC. 4192. SELECTED DRUGS DURING NONCOMPLIANCE PERIODS.
``(a) In General.--There is hereby imposed on the sale by
the manufacturer, producer, or importer of any selected drug
during a day described in subsection (b) a tax in an amount
such that the applicable percentage is equal to the ratio
of--
``(1) such tax, divided by
``(2) the sum of such tax and the price for which so sold.
``(b) Noncompliance Periods.--A day is described in this
subsection with respect to a selected drug if it is a day
during one of the following periods:
``(1) The period beginning on the March 1st immediately
following the selected drug publication date and ending on
the first date during which the manufacturer of the drug has
in place an agreement described in subsection (a) of section
1193 of the Social Security Act with respect to such drug.
``(2) The period beginning on the November 2nd immediately
following the March 1st described in paragraph (1) and ending
on the first date during which the manufacturer of the drug
and the Secretary have agreed to a maximum fair price under
such agreement.
``(3) In the case of a selected drug with respect to which
the Secretary of Health and Human Services has specified a
renegotiation period under such agreement, the period
beginning on the first date after the last date of such
renegotiation period and ending on the first date during
which the manufacturer of the drug has agreed to a
renegotiated maximum fair price under such agreement.
``(4) With respect to information that is required to be
submitted to the Secretary of Health and Human Services under
such agreement, the period beginning on the date on which
such Secretary certifies that such information is overdue and
ending on the date that such information is so submitted.
``(c) Applicable Percentage.--For purposes of this section,
the term `applicable percentage' means--
``(1) in the case of sales of a selected drug during the
first 90 days described in subsection (b) with respect to
such drug, 65 percent,
``(2) in the case of sales of such drug during the 91st day
through the 180th day described in subsection (b) with
respect to such drug, 75 percent,
``(3) in the case of sales of such drug during the 181st
day through the 270th day described in subsection (b) with
respect to such drug, 85 percent, and
``(4) in the case of sales of such drug during any
subsequent day, 95 percent.
``(d) Selected Drug.--For purposes of this section--
``(1) In general.--The term `selected drug' means any
selected drug (within the meaning of section 1192 of the
Social Security Act) which is manufactured or produced in the
United States or entered into the United States for
consumption, use, or warehousing.
``(2) United states.--The term `United States' has the
meaning given such term by section 4612(a)(4).
``(3) Coordination with rules for possessions of the united
states.--Rules similar to the rules of paragraphs (2) and (4)
of section 4132(c) shall apply for purposes of this section.
``(e) Other Definitions.--For purposes of this section, the
terms `selected drug publication date' and `maximum fair
price' have the meaning given such terms in section 1191 of
the Social Security Act.
``(f) Anti-Abuse Rule.--In the case of a sale which was
timed for the purpose of avoiding the tax imposed by this
section, the Secretary may treat such sale as occurring
during a day described in subsection (b).''.
(b) No Deduction for Excise Tax Payments.--Section
275(a)(6) of the Internal Revenue Code of 1986 is amended by
inserting ``or by section 4192'' before the period at the
end.
(c) Certain Exemptions From Tax Not Applicable.--
(1) Section 4221(a) of the Internal Revenue Code of 1986 is
amended by adding at the end the following: ``In the case of
the tax imposed by section 4192, paragraphs (3), (4), (5),
and (6) shall not apply.''.
(2) Section 6416(b)(2) of such Code is amended by adding at
the end the following: ``In the case of the tax imposed by
section 4192, subparagraphs (B), (C), (D), and (E) shall not
apply.''.
(d) Clerical Amendment.--The table of subchapters for
chapter 32 of such Code is amended by adding at the end the
following new item:
``subchapter e. other items''.
(e) Effective Date.--The amendments made by this section
shall apply to sales after the date of the enactment of this
Act.
SEC. 139003. FUNDING.
In addition to amounts otherwise available, there is
appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available
until expended--
(1) $300,000,000 to carry out the provisions of, including
the amendments made by, this part in fiscal year 2022;
(2) $300,000,000 to carry out the provisions of, including
the amendments made by, this part in fiscal year 2023;
(3) $300,000,000 to carry out the provisions of, including
the amendments made by, this part in fiscal year 2024;
(4) $300,000,000 to carry out the provisions of, including
the amendments made by, this part in fiscal year 2025;
(5) $300,000,000 to carry out the provisions of, including
the amendments made by, this part in fiscal year 2026;
(6) $300,000,000 to carry out the provisions of, including
the amendments made by, this part in fiscal year 2027;
(7) $300,000,000 to carry out the provisions of, including
the amendments made by, this part in fiscal year 2028;
(8) $300,000,000 to carry out the provisions of, including
the amendments made by, this part in fiscal year 2029;
(9) $300,000,000 to carry out the provisions of, including
the amendments made by, this part in fiscal year 2030; and
(10) $300,000,000 to carry out the provisions of, including
the amendments made by, this part in fiscal year 2031.
PART 2--PRESCRIPTION DRUG INFLATION REBATES
SEC. 139101. MEDICARE PART B REBATE BY MANUFACTURERS.
(a) In General.--Section 1847A of the Social Security Act
(42 U.S.C. 1395w-3a) is amended--
(1) by redesignating subsection (h) as subsection (i) and
by inserting after subsection (g) the following subsection:
``(h) Rebate by Manufacturers for Single Source Drugs and
Biologicals With Prices Increasing Faster Than Inflation.--
``(1) Requirements.--
``(A) Secretarial provision of information.--Not later than
6 months after the end of each calendar quarter beginning on
or after July 1, 2023, the Secretary shall, for each part B
rebatable drug, report to each manufacturer of such part B
rebatable drug the following for such calendar quarter:
``(i) Information on the total number of billing units of
the billing and payment code described in subparagraph (A)(i)
of paragraph (3) with respect to such drug and calendar
quarter.
``(ii) Information on the amount (if any) of the excess
average sales price increase described in subparagraph
(A)(ii) of such paragraph for such drug and calendar quarter.
``(iii) The rebate amount specified under such paragraph
for such part B rebatable drug and calendar quarter.
``(B) Manufacturer requirement.--For each calendar quarter
beginning on or after July 1, 2023, the manufacturer of a
part B rebatable drug shall, for such drug, not later than 30
days after the date of receipt from the Secretary of the
information described in subparagraph (A) for such calendar
quarter, provide to the Secretary a rebate that is equal to
the amount specified in paragraph (3) for such drug for such
calendar quarter.
``(2) Part b rebatable drug defined.--
``(A) In general.--In this subsection, the term `part B
rebatable drug' means a single source drug or biological (as
defined in subparagraph (D) of subsection (c)(6)), including
a biosimilar biological product (as defined in subparagraph
(H) of such subsection) but excluding a qualifying biosimilar
biological product (as defined in subsection (b)(8)(B)(iii)),
that would be payable under this part if such drug were
furnished to an individual enrolled under this part, except
such term shall not include such a drug or biological--
``(i) if, as determined by the Secretary, the average total
allowed charges for such drug or biological under this part
for a year per individual that uses such a drug or biological
are less than, subject to subparagraph (B), $100; or
``(ii) that is a vaccine described in subparagraph (A) or
(B) of section 1861(s)(10).
``(B) Increase.--The dollar amount applied under
subparagraph (A)(i)--
``(i) for 2024, shall be the dollar amount specified under
such subparagraph for 2023, increased by the percentage
increase in the consumer price index for all urban consumers
(United States city average) for the 12-month period ending
with June of the previous year; and
``(ii) for a subsequent year, shall be the dollar amount
specified in this clause (or clause (i)) for
[[Page H6568]]
the previous year (without application of subparagraph (C)),
increased by the percentage increase in the consumer price
index for all urban consumers (United States city average)
for the 12-month period ending with June of the previous
year.
``(C) Rounding.--Any dollar amount determined under
subparagraph (B) that is not a multiple of $10 shall be
rounded to the nearest multiple of $10.
``(3) Rebate amount.--
``(A) In general.--For purposes of paragraph (1), the
amount specified in this paragraph for a part B rebatable
drug assigned to a billing and payment code for a calendar
quarter is, subject to subparagraphs (B) and (G) and
paragraph (4), the amount equal to the product of--
``(i) the total number of billing units determined under
subparagraph (B) for the billing and payment code of such
drug; and
``(ii) the amount (if any) by which--
``(I) the amount equal to--
``(aa) in the case of a part B rebatable drug described in
paragraph (1)(B) of section 1847A(b), 106 percent of the
amount determined under paragraph (4) of such section for
such drug during the calendar quarter; or
``(bb) in the case of a part B rebatable drug described in
paragraph (1)(C) of such section, the payment amount under
such paragraph for such drug during the calendar quarter;
exceeds
``(II) the inflation-adjusted payment amount determined
under subparagraph (C) for such part B rebatable drug during
the calendar quarter.
``(B) Total number of billing units.--For purposes of
subparagraph (A)(i), the total number of billing units with
respect to a part B rebatable drug is determined as follows:
``(i) Determine the total number of units equal to--
``(I) the total number of units, as reported under
subsection (c)(1)(B) for each National Drug Code of such drug
during the calendar quarter that is two calendar quarters
prior to the calendar quarter as described in subparagraph
(A), minus
``(II) the total number of units with respect to each
National Drug Code of such drug for which payment was made
under a State plan under title XIX (or waiver of such plan),
as reported by States under section 1927(b)(2)(A) for the
rebate period that is the same calendar quarter as described
in subclause (I).
``(ii) Convert the units determined under clause (i) to
billing units for the billing and payment code of such drug,
using a methodology similar to the methodology used under
this section, by dividing the units determined under clause
(i) for each National Drug Code of such drug by the billing
unit for the billing and payment code of such drug.
``(iii) Compute the sum of the billing units for each
National Drug Code of such drug in clause (ii).
``(C) Determination of inflation-adjusted payment amount.--
The inflation-adjusted payment amount determined under this
subparagraph for a part B rebatable drug for a calendar
quarter is--
``(i) the payment amount for the billing and payment code
for such drug in the payment amount benchmark quarter (as
defined in subparagraph (D)); increased by
``(ii) the percentage by which the rebate period CPI-U (as
defined in subparagraph (F)) for the calendar quarter exceeds
the benchmark period CPI-U (as defined in subparagraph (E)).
``(D) Payment amount benchmark quarter.--The term `payment
amount benchmark quarter' means the calendar quarter
immediately prior to the calendar quarter beginning October
1, 2021.
``(E) Benchmark period cpi-u.--The term `benchmark period
CPI-U' means the consumer price index for all urban consumers
(United States city average) for the last month of the
calendar quarter immediately prior to the calendar quarter
beginning October 1, 2021.
``(F) Rebate period cpi-u.--The term `rebate period CPI-U'
means, with respect to a calendar quarter described in
subparagraph (C), the greater of the benchmark period CPI-U
and the consumer price index for all urban consumers (United
States city average) for the first month of the calendar
quarter that is two calendar quarters prior to such described
calendar quarter.
``(G) Exemption for shortages and severe supply chain
disruptions.--The Secretary shall reduce or waive the amount
under subparagraph (A) with respect to a part B rebatable
drug that is described as currently in shortage on the
shortage list in effect under section 506E of the Federal
Food, Drug, and Cosmetic Act or in the case of a biosimilar
biological product, when the Secretary determines there are
severe supply chain disruptions.
``(4) Special treatment of certain drugs and exemption.--
``(A) Subsequently approved drugs.--In the case of a part B
rebatable drug first approved or licensed by the Food and
Drug Administration after March 1, 2021, clause (i) of
paragraph (3)(C) shall be applied as if the term `payment
amount benchmark quarter' were defined under paragraph (3)(D)
as the third full calendar quarter after the day on which the
drug was first marketed and clause (ii) of paragraph (3)(C)
shall be applied as if the term `benchmark period CPI-U' were
defined under paragraph (3)(E) as if the reference to `the
last month of the calendar quarter immediately prior to the
calendar quarter beginning October 1, 2021' under such
paragraph were a reference to `the first month of the first
full calendar quarter after the day on which the drug was
first marketed'.
``(B) Timeline for provision of rebates for subsequently
approved drugs.--In the case of a part B rebatable drug first
approved or licensed by the Food and Drug Administration
after March 1, 2021, paragraph (1)(B) shall be applied as if
the reference to `July 1, 2023' under such paragraph were a
reference to the later of the 6th full calendar quarter after
the day on which the drug was first marketed or July 1, 2023.
``(D) Selected drugs.--In the case of a part B rebatable
drug that is a selected drug (as defined in section 1192(c))
for a price applicability period (as defined in section
1191(b)(2)), in the case such drug is determined (pursuant to
such section 1192(c)) to no longer be a selected drug,
beginning the first calendar quarter after the price
applicability period with respect to such drug, clause (i) of
paragraph (3)(C) shall be applied as if the term `payment
amount benchmark quarter' were defined under paragraph (3)(D)
as the calendar quarter beginning January 1 of the last year
beginning during such price applicability period with respect
to such selected drug and clause (ii) of paragraph (3)(C)
shall be applied as if the term `benchmark period CPI-U' were
defined under paragraph (3)(E) as if the reference to `the
last month of the calendar quarter immediately prior to the
calendar quarter beginning October 1, 2021' under such
paragraph were a reference to the March of the year preceding
such last year.
``(5) Application to beneficiary coinsurance.--In the case
of a part B rebatable drug, if the payment amount described
in paragraph (3)(A)(ii)(I) (or, in the case of a part B
rebatable drug that is a selected drug (as defined in section
1192(c), the payment amount described in subsection (b)(1)(B)
for such drug) for a calendar quarter exceeds the inflation
adjusted payment for such quarter--
``(A) in computing the amount of any coinsurance applicable
under this part to an individual to whom such drug is
furnished, the computation of such coinsurance shall be equal
to 20 percent of the inflation-adjusted payment amount
determined under paragraph (3)(C) for such part B rebatable
drug; and
``(B) the amount of such coinsurance for such calendar
quarter, as computed under subparagraph (A), shall be applied
as a percent, as determined by the Secretary, to the payment
amount that would otherwise apply under subparagraphs (B) or
(C) of subsection (b)(1).
``(6) Rebate deposits.--Amounts paid as rebates under
paragraph (1)(B) shall be deposited into the Federal
Supplementary Medical Insurance Trust Fund established under
section 1841.
``(7) Civil money penalty.--If a manufacturer of a part B
rebatable drug has failed to comply with the requirements
under paragraph (1)(B) for such drug for a calendar quarter,
the manufacturer shall be subject to, in accordance with a
process established by the Secretary pursuant to regulations,
a civil money penalty in an amount equal to at least 125
percent of the amount specified in paragraph (3) for such
drug for such calendar quarter. The provisions of section
1128A (other than subsections (a) (with respect to amounts of
penalties or additional assessments) and (b)) shall apply to
a civil money penalty under this paragraph in the same manner
as such provisions apply to a penalty or proceeding under
section 1128A(a).''; and
(2) in subsection (i), as redesignated by paragraph (1)--
(A) in paragraph (4), by striking at the end ``and'';
(B) in paragraph (5), by striking at the end the period and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(6) the determination of units under subsection (h);
``(7) the determination of whether a drug is a part B
rebatable drug under subsection (h);
``(8) the calculation of the rebate amount under subsection
(h); and
``(9) the computation of coinsurance under subsection
(h)(5); and
``(10) the computation of amounts paid under section
1833(a)(1)(EE).''.
(b) Amounts Payable; Cost-Sharing.--Section 1833 of the
Social Security Act (42 U.S.C. 1395l) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (G), by inserting ``, subject to
subsection (i)(9),'' after ``the amounts paid'';
(B) in subparagraph (S), by striking ``with respect to''
and inserting ``subject to subparagraph (EE), with respect
to'';
(C) by striking ``and (DD)'' and inserting ``(DD)''; and
(D) by inserting before the semicolon at the end the
following: ``, and (EE) with respect to a part B rebatable
drug (as defined in paragraph (2) of section 1847A(h)) for
which the payment amount for a calendar quarter under
paragraph (3)(A)(ii)(I) of such section (or, in the case of a
part B rebatable drug that is a selected drug (as defined in
section 1192(c) for which, the payment amount described in
section 1847A(b)(1)(B)) for such drug for such quarter
exceeds the inflation-adjusted payment under paragraph
(3)(A)(ii)(II) of such section for such quarter, the amounts
paid shall be equal to the percent of the payment amount
under paragraph (3)(A)(ii)(I) of such section or section
1847A(b)(1)(B), as applicable, that equals the difference
between (i) 100 percent, and (ii) the percent applied under
section 1847A(h)(5)(B)'';
(2) in subsection (i), by adding at the end the following
new paragraph:
``(9) In the case of a part B rebatable drug (as defined in
paragraph (2) of section 1847A(h)) for which payment under
this subsection is not packaged into a payment for a service
furnished on or after July 1, 2023, under the revised payment
system under this subsection, in lieu of calculation of
coinsurance and the amount of payment otherwise applicable
under this subsection, the provisions of section 1847A(h)(5)
and paragraph (1)(EE) of subsection (a), shall, as determined
appropriate by the Secretary, apply under this subsection in
the same manner as such provisions of section 1847A(h)(5) and
subsection (a) apply under such section and subsection.'';
and
[[Page H6569]]
(3) in subsection (t)(8), by adding at the end the
following new subparagraph:
``(F) Part b rebatable drugs.--In the case of a part B
rebatable drug (as defined in paragraph (2) of section
1847A(h), except if such drug does not have a copayment
amount as a result of application of subparagraph (E)) for
which payment under this part is not packaged into a payment
for a covered OPD service (or group of services) furnished on
or after July 1, 2023, and the payment for such drug under
this subsection is the same as the amount for a calendar
quarter under paragraph (3)(A)(ii)(I) of section 1847A(h),
under the system under this subsection, in lieu of
calculation of the copayment amount and the amount of payment
otherwise applicable under this subsection (other than the
application of the limitation described in subparagraph (C)),
the provisions of section 1847A(h)(5) and paragraph (1)(EE)
of subsection (a), shall, as determined appropriate by the
Secretary, apply under this subsection in the same manner as
such provisions of section 1847A(h)(5) and subsection (a)
apply under such section and subsection.''.
(c) Conforming Amendments.--
(1) To part b asp calculation.--Section 1847A(c)(3) of the
Social Security Act (42 U.S.C. 1395w-3a(c)(3)) is amended by
inserting ``subsection (h) or'' before ``section 1927''.
(2) Excluding part b drug inflation rebate from best
price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security
Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)) is amended by
inserting ``or section 1847A(h)'' after ``this section''.
(3) Coordination with medicaid rebate information
disclosure.--Section 1927(b)(3)(D)(i) of the Social Security
Act (42 U.S.C. 1396r-8(b)(3)(D)(i)) is amended by inserting
``and the rebate'' after ``the payment amount''.
(4) Excluding part b drug inflation rebates from average
manufacturer price.--Section 1927(k)(1)(B)(i) of the Social
Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)), as previously
amended, is further amended--
(A) in subclause (IV), by striking ``and'';
(B) in subclause (V), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new subclause:
``(VI) rebates paid by manufacturers under section
1847A(h); and''.
(d) Funding.--In addition to amounts otherwise available,
there are appropriated to the Centers for Medicare & Medicaid
Services, out of any money in the Treasury not otherwise
appropriated, $12,500,000 for fiscal year 2022 and $7,500,000
for each of fiscal years 2023 through 2031, to remain
available until expended, to carry out the provisions of,
including the amendments made by, this section.
SEC. 139102. MEDICARE PART D REBATE BY MANUFACTURERS.
(a) In General.--Part D of title XVIII of the Social
Security Act is amended by inserting after section 1860D-14A
(42 U.S.C. 1395w-114a) the following new section:
``SEC. 1860D-14B. MANUFACTURER REBATE FOR CERTAIN DRUGS WITH
PRICES INCREASING FASTER THAN INFLATION.
``(a) Requirements.--
``(1) Secretarial provision of information.--Not later than
9 months after the end of each applicable year (as defined in
subsection (g)(7)), subject to paragraph (3), the Secretary
shall, for each part D rebatable drug, report to each
manufacturer of such part D rebatable drug the following for
such year:
``(A) The amount (if any) of the excess annual manufacturer
price increase described in subsection (b)(1)(A)(ii) for each
dosage form and strength with respect to such drug and year.
``(B) The rebate amount specified under subsection (b) for
each dosage form and strength with respect to such drug and
year.
``(2) Manufacturer requirements.--For each applicable year,
the manufacturer of a part D rebatable drug, for each dosage
form and strength with respect to such drug, not later than
30 days after the date of receipt from the Secretary of the
information described in paragraph (1) for such year, shall
provide to the Secretary a rebate that is equal to the amount
specified in subsection (b) for such dosage form and strength
with respect to such drug for such year.
``(3) Transition rule for reporting.--The Secretary may,
for each rebatable covered part D drug, delay the timeframe
for reporting the information and rebate amount described in
subparagraphs (A) and (B) of such paragraph for the
applicable year of 2023 until not later than September 30,
2025.
``(b) Rebate Amount.--
``(1) In general.--
``(A) Calculation.--For purposes of this section, the
amount specified in this subsection for a dosage form and
strength with respect to a part D rebatable drug and
applicable year is, subject to subparagraph (C), paragraph
(5)(B), and paragraph (6), the amount equal to the product
of--
``(i) subject to subparagraph (B) of this paragraph, the
total number of units that are used to calculate the average
manufacturer price of such dosage form and strength with
respect to such part D rebatable drug, as reported by the
manufacturer of such drug under section 1927 for each month,
with respect to such year; and
``(ii) the amount (if any) by which--
``(I) the annual manufacturer price (as determined in
paragraph (2)) paid for such dosage form and strength with
respect to such part D rebatable drug for the year; exceeds
``(II) the inflation-adjusted payment amount determined
under paragraph (3) for such dosage form and strength with
respect to such part D rebatable drug for the year.
``(B) Excluded units.--For purposes of subparagraph (A)(i),
the Secretary shall exclude from the total number of units
for a dosage form and strength with respect to a part D
rebatable drug, with respect to an applicable year, the
following:
``(i) Units of each dosage form and strength of such part D
rebatable drug for which payment was made under a State plan
under title XIX (or waiver of such plan), as reported by
States under section 1927(b)(2)(A).
``(ii) Units of each dosage form and strength of such part
D rebatable drug for which a rebate is paid under section
1847A(h).
``(C) Exemption for shortages and severe supply chain
disruptions.--The Secretary shall reduce or waive the amount
under subparagraph (A) with respect to a part D rebatable
drug that is described as currently in shortage on the
shortage list in effect under section 506E of the Federal
Food, Drug, and Cosmetic Act or in the case of a generic
drug, when the Secretary determines there are severe supply
chain disruptions.
``(2) Determination of annual manufacturer price.--The
annual manufacturer price determined under this paragraph for
a dosage form and strength, with respect to a part D
rebatable drug and an applicable year, is the sum of the
products of--
``(A) the average manufacturer price (as defined in
subsection (g)(6)) of such dosage form and strength, as
calculated for a unit of such drug, with respect to each of
the calendar quarters of such year; and
``(B) the ratio of--
``(i) the total number of units of such dosage form and
strength reported under section 1927 with respect to each
such calendar quarter of such year; to
``(ii) the total number of units of such dosage form and
strength reported under section 1927 with respect to such
year, as determined by the Secretary.
``(3) Determination of inflation-adjusted payment amount.--
The inflation-adjusted payment amount determined under this
paragraph for a dosage form and strength with respect to a
part D rebatable drug for an applicable year, subject to
paragraph (5), is--
``(A) the benchmark year manufacturer price determined
under paragraph (4) for such dosage form and strength with
respect to such drug and year; increased by
``(B) the percentage by which the applicable year CPI-U (as
defined in subsection (g)(5)) for the year exceeds the
benchmark period CPI-U (as defined in subsection (g)(4)).
``(4) Determination of benchmark year manufacturer price.--
The benchmark year manufacturer price determined under this
paragraph for a dosage form and strength, with respect to a
part D rebatable drug and an applicable year, is the sum of
the products of--
``(A) the average manufacturer price (as defined in
subsection (g)(6)) of such dosage form and strength, as
calculated for a unit of such drug, with respect to each of
the calendar quarters of the payment amount benchmark year
(as defined in subsection (g)(3)); and
``(B) the ratio of--
``(i) the total number of units reported under section 1927
of such dosage form and strength with respect to each such
calendar quarter of such payment amount benchmark year; to
``(ii) the total number of units reported under section
1927 of such dosage form and strength with respect to such
payment amount benchmark year.
``(5) Special treatment of certain drugs and exemption.--
``(A) Subsequently approved drugs.--In the case of a part D
rebatable drug first approved or licensed by the Food and
Drug Administration after October 1, 2021, subparagraphs (A)
and (B) of paragraph (4) shall be applied as if the term
`payment amount benchmark year' were defined under subsection
(g)(3) as the first calendar year beginning after the day on
which the drug was first marketed by any manufacturer and
subparagraph (B) of paragraph (3) shall be applied as if the
term `benchmark period CPI-U' were defined under subsection
(g)(4) as if the reference to `the month immediately prior to
October 2021' under such subsection were a reference to
`January of the first year beginning after the date on which
the drug was first marketed by any manufacturer'.
``(B) Treatment of new formulations.--
``(i) In general.--In the case of a part D rebatable drug
that is a line extension of a part D rebatable drug that is
an oral solid dosage form, the Secretary shall establish a
formula for determining the rebate amount under paragraph (1)
and the inflation adjusted payment amount under paragraph (3)
with respect to such part D rebatable drug and an applicable
year, consistent with the formula applied under subsection
(c)(2)(C) of section 1927 for determining a rebate obligation
for a rebate period under such section.
``(ii) Line extension defined.--In this subparagraph, the
term `line extension' means, with respect to a part D
rebatable drug, a new formulation of the drug, such as an
extended release formulation, but does not include an abuse-
deterrent formulation of the drug (as determined by the
Secretary), regardless of whether such abuse-deterrent
formulation is an extended release formulation.
``(C) Selected drugs.--In the case of a part D rebatable
drug that is a selected drug (as defined in section 1192(c))
for a price applicability period (as defined in section
1191(b)(2)), in the case such drug is determined (pursuant to
such section 1192(c)) to no longer be a selected drug, for
each applicable year beginning after the price applicability
period with respect to such drug, subparagraphs (A) and (B)
of paragraph (4) shall be applied as if the term `payment
amount benchmark year' were defined under subsection (g)(3)
as the last year beginning during such price applicability
period with respect to such selected drug and subparagraph
(B) of paragraph (3) shall be applied as if the term
[[Page H6570]]
`benchmark period CPI-U' were defined under subsection (g)(4)
as if the reference to `the month immediately prior to
October 2021' under such subsection were a reference to
January of the last year beginning during such price
applicability period with respect to such drug.
``(6) Reconciliation in case of revised amp reports.--The
Secretary shall provide for a method and process under which,
in the case of a manufacturer of a part D rebatable drug that
submits revisions to information submitted under section 1927
by the manufacturer with respect to such drug, the Secretary
determines, pursuant to such revisions, adjustments, if any,
to the calculation of the amount specified in this subsection
for a dosage form and strength with respect to such part D
rebatable drug and an applicable year and reconciles any
overpayments or underpayments in amounts paid as rebates
under this subsection. Any identified underpayment shall be
rectified by the manufacturer not later than 30 days after
the date of receipt from the Secretary of information on such
underpayment.
``(c) Rebate Deposits.--Amounts paid as rebates under
subsection (b) shall be deposited into the Medicare
Prescription Drug Account in the Federal Supplementary
Medical Insurance Trust Fund established under section 1841.
``(d) Information.--For purposes of carrying out this
section, the Secretary shall use information submitted by
manufacturers under section 1927(b)(3) and information
submitted by States under section 1927(b)(2)(A).
``(e) Civil Money Penalty.--If a manufacturer of a part D
rebatable drug has failed to comply with the requirement
under subsection (a)(2) with respect to such drug for an
applicable year, the manufacturer shall be subject to, in
accordance with a process established by the Secretary
pursuant to regulations, a civil money penalty in an amount
equal to 125 percent of the amount specified in subsection
(b) for such drug for such year. The provisions of section
1128A (other than subsections (a) (with respect to amounts of
penalties or additional assessments) and (b)) shall apply to
a civil money penalty under this subsection in the same
manner as such provisions apply to a penalty or proceeding
under section 1128A(a).
``(f) No Administrative or Judicial Review.--There shall be
no administrative or judicial review of the following:
``(1) The determination of units under this section.
``(2) The determination of whether a drug is a part D
rebatable drug under this section.
``(3) The calculation of the rebate amount under this
section.
``(g) Definitions.--In this section:
``(1) Part d rebatable drug.--
``(A) In general.--The term `part D rebatable drug' means a
drug or biological that would (without application of this
section) be a covered part D drug, except such term shall,
with respect to an applicable year, not include such a drug
or biological if the average annual total cost under this
part for such year per individual who uses such a drug or
biological, as determined by the Secretary, is less than,
subject to subparagraph (B), $100, as determined by the
Secretary using the most recent data available or, if data is
not available, as estimated by the Secretary.
``(B) Increase.--The dollar amount applied under
subparagraph (A)--
``(i) for 2024, shall be the dollar amount specified under
such subparagraph for 2023, increased by the percentage
increase in the consumer price index for all urban consumers
(United States city average) for the 12-month period
beginning with January of 2023; and
``(ii) for a subsequent year, shall be the dollar amount
specified in this subparagraph for the previous year,
increased by the percentage increase in the consumer price
index for all urban consumers (United States city average)
for the 12-month period beginning with January of the
previous year.
Any dollar amount specified under this subparagraph that is
not a multiple of $10 shall be rounded to the nearest
multiple of $10.
``(2) Unit.--The term `unit' means, with respect to a part
D rebatable drug, the lowest dispensable amount (such as a
capsule or tablet, milligram of molecules, or grams) of the
part D rebatable drug, as reported under section 1927.
``(3) Payment amount benchmark year.--The term `payment
amount benchmark year' means the year ending in the month
immediately prior to October 1, 2021.
``(4) Benchmark period cpi-u.--The term `benchmark period
CPI-U' means the consumer price index for all urban consumers
(United States city average) for the month immediately prior
to October 2021.
``(5) Applicable year cpi-u.--The term `applicable year
CPI-U' means, with respect to an applicable year, the
consumer price index for all urban consumers (United States
city average) for January of such year.
``(6) Average manufacturer price.--The term `average
manufacturer price' has the meaning, with respect to a part D
rebatable drug of a manufacturer, given such term in section
1927(k)(1), with respect to a covered outpatient drug of a
manufacturer for a rebate period under section 1927.
``(7) Applicable year.--The term `applicable year' means a
calendar year beginning with 2023.
``(h) Implementation for 2023 and 2024.--Notwithstanding
any other provision of this section, the Secretary shall
implement this section for 2023 and 2024 by program
instruction or otherwise.''.
(b) Conforming Amendments.--
(1) To part b asp calculation.--Section 1847A(c)(3) of the
Social Security Act (42 U.S.C. 1395w-3a(c)(3)), as amended by
section 139101(c)(1), is further amended by striking
``subsection (h) or section 1927'' and inserting ``subsection
(h), section 1927, or section 1860D-14B''.
(2) Excluding part d drug inflation rebate from best
price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security
Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)), as amended by
section 139101(c)(2), is further amended by striking ``or
section 1847A(h)'' and inserting ``, section 1847A(h), or
section 1860D-14B''.
(3) Coordination with medicaid rebate information
disclosure.--Section 1927(b)(3)(D)(i) of the Social Security
Act (42 U.S.C. 1396r-8(b)(3)(D)(i)), as amended by section
139101(c)(3), is further amended by striking ``or to carry
out section 1847B'' and inserting ``or to carry out section
1847B or section 1860D-14B''.
(4) Excluding part d drug inflation rebates from average
manufacturer price.--Section 1927(k)(1)(B)(i) of the Social
Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)), as previously
amended, is further amended by adding at the end the
following new subclause:
``(VII) rebates paid by manufacturers under section 1860D-
14B.''.
(c) Funding.--In addition to amounts otherwise available,
there are appropriated to the Centers for Medicare & Medicaid
Services, out of any money in the Treasury not otherwise
appropriated, $12,500,000 for fiscal year 2022 and $7,500,000
for each of fiscal years 2023 through 2031, to remain
available until expended, to carry out the provisions of,
including the amendments made by, this section.
PART 3--PART D IMPROVEMENTS AND MAXIMUM OUT-OF-POCKET CAP FOR MEDICARE
BENEFICIARIES
SEC. 139201. MEDICARE PART D BENEFIT REDESIGN.
(a) Benefit Structure Redesign.--Section 1860D-2(b) of the
Social Security Act (42 U.S.C. 1395w-102(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), in the matter preceding clause
(i), by inserting ``for a year preceding 2024 and for costs
above the annual deductible specified in paragraph (1) and up
to the annual out-of-pocket threshold specified in paragraph
(4)(B) for 2024 and each subsequent year'' after ``paragraph
(3)'';
(B) in subparagraph (C)--
(i) in clause (i), in the matter preceding subclause (I),
by inserting ``for a year preceding 2024,'' after ``paragraph
(4),''; and
(ii) in clause (ii)(III), by striking ``and each subsequent
year'' and inserting ``through 2023''; and
(C) in subparagraph (D)--
(i) in clause (i)--
(I) in the matter preceding subclause (I), by inserting
``for a year preceding 2024,'' after ``paragraph (4),''; and
(II) in subclause (I)(bb), by striking ``a year after
2018'' and inserting ``each of years 2019 through 2023''; and
(ii) in clause (ii)(V), by striking ``2019 and each
subsequent year'' and inserting ``each of years 2019 through
2023'';
(2) in paragraph (3)(A)--
(A) in the matter preceding clause (i), by inserting ``for
a year preceding 2024,'' after ``and (4),''; and
(B) in clause (ii), by striking ``for a subsequent year''
and inserting ``for each of years 2007 through 2023''; and
(3) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by redesignating subclauses (I) and (II) as items (aa)
and (bb), respectively, and moving the margin of each such
redesignated item 2 ems to the right;
(II) in the matter preceding item (aa), as redesignated by
subclause (I), by striking ``is equal to the greater of--''
and inserting ``is equal to--
``(I) for a year preceding 2024, the greater of--'';
(III) by striking the period at the end of item (bb), as
redesignated by subclause (I), and inserting ``; and''; and
(IV) by adding at the end the following:
``(II) for 2024 and each succeeding year, $0.''; and
(ii) in clause (ii)--
(I) by striking ``clause (i)(I)'' and inserting ``clause
(i)(I)(aa)''; and
(II) by adding at the end the following new sentence: ``The
Secretary shall continue to calculate the dollar amounts
specified in clause (i)(I)(aa), including with the adjustment
under this clause, after 2023 for purposes of section 1860D-
14(a)(1)(D)(iii).'';
(B) in subparagraph (B)--
(i) in clause (i)--
(I) in subclause (V), by striking ``or'' at the end;
(II) in subclause (VI)--
(aa) by striking ``for a subsequent year'' and inserting
``for each of years 2021 through 2023''; and
(bb) by striking the period at the end and inserting a
semicolon; and
(III) by adding at the end the following new subclauses:
``(VII) for 2024, is equal to $2,000; or
``(VIII) for a subsequent year, is equal to the amount
specified in this subparagraph for the previous year,
increased by the annual percentage increase described in
paragraph (6) for the year involved.''; and
(ii) in clause (ii), by striking ``clause (i)(II)'' and
inserting ``clause (i)'';
(C) in subparagraph (C)(i), by striking ``and for amounts''
and inserting ``and, for a year preceding 2024, for
amounts''; and
(D) in subparagraph (E), by striking ``In applying'' and
inserting ``For each of years 2011 through 2023, in
applying''.
(b) Reinsurance Payment Amount.--Section 1860D-15(b) of the
Social Security Act (42 U.S.C. 1395w-115(b)) is amended--
(1) in paragraph (1)--
[[Page H6571]]
(A) by striking ``equal to 80 percent'' and inserting
``equal to--
``(A) for a year preceding 2024, 80 percent'';
(B) in subparagraph (A), as added by subparagraph (A), by
striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(B) for 2024 and each subsequent year, the sum of--
``(i) an amount equal to 20 percent of such allowable
reinsurance costs attributable to that portion of gross
prescription drug costs as specified in paragraph (3)
incurred in the coverage year after such individual has
incurred costs that exceed the annual out-of-pocket threshold
specified in section 1860D-2(b)(4)(B) with respect to
applicable drugs (as defined in section 1860D-14C(g)(2)); and
``(ii) an amount equal to 40 percent of such allowable
reinsurance costs attributable to that portion of gross
prescription drug costs as specified in paragraph (3)
incurred in the coverage year after such individual has
incurred costs that exceed the annual out-of-pocket threshold
specified in section 1860D-2(b)(4)(B) with respect to covered
part D drugs that are not applicable drugs (as so
defined).'';
(2) in paragraph (2)--
(A) by striking ``COSTS.--For purposes'' and inserting
``Costs.--
``(A) In general.--Subject to subparagraph (B), for
purposes''; and
(B) by adding at the end the following new subparagraph:
``(B) Inclusion of manufacturer discounts on applicable
drugs.--For purposes of applying subparagraph (A), the term
`allowable reinsurance costs' shall include the portion of
the negotiated price (as defined in section 1860D-14C(g)(6))
of an applicable drug (as defined in section 1860D-14C(g)(2))
that was paid by a manufacturer under the manufacturer
discount program under section 1860D-14C.''; and
(3) in paragraph (3)--
(A) in the first sentence, by striking ``For purposes'' and
inserting ``Subject to paragraph (2)(B), for purposes''; and
(B) in the second sentence, by inserting ``(or, with
respect to 2024 and subsequent years, in the case of an
applicable drug, as defined in section 1860D-14C(g)(2), by a
manufacturer)'' after ``by the individual or under the
plan''.
(c) Reduced Cost-sharing; Beneficiary Premium Percentage.--
(1) Cost-sharing.--
(A) In general.--Section 1860D-2(b)(2)(A) of the Social
Security Act (42 U.S.C. 1395w-102(b)(2)(A)) is amended--
(i) in the subparagraph header, by striking ``25 percent
coinsurance'' and inserting ``Coinsurance'';
(ii) in clause (i), by inserting ``(or, for 2024 and each
subsequent year, 23 percent)'' after ``25 percent''; and
(iii) in clause (ii), by inserting ``(or, for 2024 and each
subsequent year, 23 percent)'' after ``25 percent''.
(B) Conforming amendment.--Section 1860D-14(a)(2)(D) of the
Social Security Act (42 U.S.C. 1395w-114(a)(2)(D)) is amended
by inserting ``(or, for 2024 and each subsequent year,
instead of coinsurance of `23 percent')'' after ``instead of
coinsurance of `25 percent'''.
(2) Beneficiary premium percentage.--
(A) In general.--Section 1860D-13(a)(3)(A) of the Social
Security Act (42 U.S.C. 1395w-113(a)(3)(A)) is amended by
inserting ``(or, for 2024 and each subsequent year, 23.5
percent)'' after ``25.5 percent''.
(B) Conforming amendments.--
(i) Section 1860D-11(g)(6) of the Social Security Act (42
U.S.C. 1395w-111(g)(6)) is amended by inserting ``(or, for
2024 and each subsequent year, 23.5 percent)'' after ``25.5
percent''.
(ii) Section 1860D-13(a)(7)(B)(i) of the Social Security
Act (42 U.S.C. 1395w-113(a)(7)(B)(i)) is amended--
(I) in subclause (I), by inserting ``(or, for 2024 and each
subsequent year, 23.5 percent)'' after ``25.5 percent''; and
(II) in subclause (II), by inserting ``(or, for 2024 and
each subsequent year, 23.5 percent)'' after ``25.5 percent''.
(iii) Section 1860D-15(a) of the Social Security Act (42
U.S.C. 1395w-115(a)) is amended by inserting ``(or, for 2024
and each subsequent year, 76.5 percent)'' after ``74.5
percent''.
(d) Manufacturer Discount Program.--
(1) In general.--Part D of title XVIII of the Social
Security Act (42 U.S.C. 1395w-101 through 42 U.S.C. 1395w-
153), as amended by section 139102, is further amended by
inserting after section 1860D-14B the following new sections:
``SEC. 1860D-14C. MANUFACTURER DISCOUNT PROGRAM.
``(a) Establishment.--The Secretary shall establish a
manufacturer discount program (in this section referred to as
the `program'). Under the program, the Secretary shall enter
into agreements described in subsection (b) with
manufacturers and provide for the performance of the duties
described in subsection (c). The Secretary shall establish a
model agreement for use under the program by not later than
January 1, 2023, in consultation with manufacturers, and
allow for comment on such model agreement.
``(b) Terms of Agreement.--
``(1) In general.--
``(A) Agreement.--An agreement under this section shall
require the manufacturer to provide, in accordance with this
section, discounted prices for applicable drugs of the
manufacturer that are dispensed to applicable beneficiaries
on or after January 1, 2024.
``(B) Clarification.--Nothing in this section shall be
construed as affecting--
``(i) the application of a coinsurance of 23 percent of the
negotiated price, as applied under paragraph (2)(A) of
section 1860D-2(b), for costs described in such paragraph; or
``(ii) the application of the copayment amount described in
paragraph (4)(A) of such section, with respect to costs
described in such paragraph.
``(C) Timing of agreement.--
``(i) Special rule for 2024.--In order for an agreement
with a manufacturer to be in effect under this section with
respect to the period beginning on January 1, 2024, and
ending on December 31, 2024, the manufacturer shall enter
into such agreement not later than 30 days after the date of
the establishment of a model agreement under subsection (a).
``(ii) 2025 and subsequent years.--In order for an
agreement with a manufacturer to be in effect under this
section with respect to plan year 2025 or a subsequent plan
year, the manufacturer shall enter into such agreement not
later than a calendar quarter or semi-annual deadline
established by the Secretary.
``(2) Provision of appropriate data.--Each manufacturer
with an agreement in effect under this section shall collect
and have available appropriate data, as determined by the
Secretary, to ensure that it can demonstrate to the Secretary
compliance with the requirements under the program.
``(3) Compliance with requirements for administration of
program.--Each manufacturer with an agreement in effect under
this section shall comply with requirements imposed by the
Secretary or a third party with a contract under subsection
(d)(3), as applicable, for purposes of administering the
program, including any determination under subparagraph (A)
of subsection (c)(1) or procedures established under such
subsection (c)(1).
``(4) Length of agreement.--
``(A) In general.--An agreement under this section shall be
effective for an initial period of not less than 12 months
and shall be automatically renewed for a period of not less
than 1 year unless terminated under subparagraph (B).
``(B) Termination.--
``(i) By the secretary.--The Secretary shall provide for
termination of an agreement under this section for a knowing
and willful violation of the requirements of the agreement or
other good cause shown. Such termination shall not be
effective earlier than 30 days after the date of notice to
the manufacturer of such termination. The Secretary shall
provide, upon request, a manufacturer with a hearing
concerning such a termination, and such hearing shall take
place prior to the effective date of the termination with
sufficient time for such effective date to be repealed if the
Secretary determines appropriate.
``(ii) By a manufacturer.--A manufacturer may terminate an
agreement under this section for any reason. Any such
termination shall be effective, with respect to a plan year--
``(I) if the termination occurs before January 31 of a plan
year, as of the day after the end of the plan year; and
``(II) if the termination occurs on or after January 31 of
a plan year, as of the day after the end of the succeeding
plan year.
``(iii) Effectiveness of termination.--Any termination
under this subparagraph shall not affect discounts for
applicable drugs of the manufacturer that are due under the
agreement before the effective date of its termination.
``(iv) Notice to third party.--The Secretary shall provide
notice of such termination to a third party with a contract
under subsection (d)(3) within not less than 30 days before
the effective date of such termination.
``(c) Duties Described.--The duties described in this
subsection are the following:
``(1) Administration of program.--Administering the
program, including--
``(A) the determination of the amount of the discounted
price of an applicable drug of a manufacturer;
``(B) the establishment of procedures to ensure that, not
later than the applicable number of calendar days after the
dispensing of an applicable drug by a pharmacy or mail order
service, the pharmacy or mail order service is reimbursed for
an amount equal to the difference between--
``(i) the negotiated price of the applicable drug; and
``(ii) the discounted price of the applicable drug;
``(C) the establishment of procedures to ensure that the
discounted price for an applicable drug under this section is
applied before any coverage or financial assistance under
other health benefit plans or programs that provide coverage
or financial assistance for the purchase or provision of
prescription drug coverage on behalf of applicable
beneficiaries as specified by the Secretary; and
``(D) providing a reasonable dispute resolution mechanism
to resolve disagreements between manufacturers, applicable
beneficiaries, and the third party with a contract under
subsection (d)(3).
``(2) Monitoring compliance.--
``(A) In general.--The Secretary shall monitor compliance
by a manufacturer with the terms of an agreement under this
section.
``(B) Notification.--If a third party with a contract under
subsection (d)(3) determines that the manufacturer is not in
compliance with such agreement, the third party shall notify
the Secretary of such noncompliance for appropriate
enforcement under subsection (e).
``(3) Collection of data from prescription drug plans and
ma-pd plans.--The Secretary may collect appropriate data from
prescription drug plans and MA-PD plans in a timeframe that
allows for discounted prices to be provided for applicable
drugs under this section.
``(d) Administration.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall provide for the implementation of this section,
including the performance of the duties described in
subsection (c).
``(2) Limitation.--In providing for the implementation of
this section, the Secretary shall
[[Page H6572]]
not receive or distribute any funds of a manufacturer under
the program.
``(3) Contract with third parties.--The Secretary shall
enter into a contract with 1 or more third parties to
administer the requirements established by the Secretary in
order to carry out this section. At a minimum, the contract
with a third party under the preceding sentence shall require
that the third party--
``(A) receive and transmit information between the
Secretary, manufacturers, and other individuals or entities
the Secretary determines appropriate;
``(B) receive, distribute, or facilitate the distribution
of funds of manufacturers to appropriate individuals or
entities in order to meet the obligations of manufacturers
under agreements under this section;
``(C) provide adequate and timely information to
manufacturers, consistent with the agreement with the
manufacturer under this section, as necessary for the
manufacturer to fulfill its obligations under this section;
and
``(D) permit manufacturers to conduct periodic audits,
directly or through contracts, of the data and information
used by the third party to determine discounts for applicable
drugs of the manufacturer under the program.
``(4) Performance requirements.--The Secretary shall
establish performance requirements for a third party with a
contract under paragraph (3) and safeguards to protect the
independence and integrity of the activities carried out by
the third party under the program under this section.
``(5) Implementation.--The Secretary shall implement the
program under this section for 2024 and 2025 by program
instruction or otherwise.
``(e) Enforcement.--
``(1) Audits.--Each manufacturer with an agreement in
effect under this section shall be subject to periodic audit
by the Secretary.
``(2) Civil money penalty.--
``(A) In general.--A manufacturer that fails to provide
discounted prices for applicable drugs of the manufacturer
dispensed to applicable beneficiaries in accordance with such
agreement shall be subject to a civil money penalty for each
such failure in an amount the Secretary determines is equal
to the sum of--
``(i) the amount that the manufacturer would have paid with
respect to such discounts under the agreement, which will
then be used to pay the discounts which the manufacturer had
failed to provide; and
``(ii) 25 percent of such amount.
``(B) Application.--The provisions of section 1128A (other
than subsections (a) and (b)) shall apply to a civil money
penalty under this paragraph in the same manner as such
provisions apply to a penalty or proceeding under section
1128A(a).
``(f) Clarification Regarding Availability of Other Covered
Part D Drugs.--Nothing in this section shall prevent an
applicable beneficiary from purchasing a covered part D drug
that is not an applicable drug (including a generic drug or a
drug that is not on the formulary of the prescription drug
plan or MA-PD plan that the applicable beneficiary is
enrolled in).
``(g) Definitions.--In this section:
``(1) Applicable beneficiary.--The term `applicable
beneficiary' means an individual who, on the date of
dispensing a covered part D drug--
``(A) is enrolled in a prescription drug plan or an MA-PD
plan;
``(B) is not enrolled in a qualified retiree prescription
drug plan; and
``(C) has incurred costs, as determined in accordance with
section 1860D-2(b)(4)(C) as if clause (iii) of such section
included a reference to costs reimbursed through insurance, a
group health plan, or certain other third-party payment
arrangements, for covered part D drugs in the year that
exceed--
``(i) in the case of an individual not described in clause
(ii) or (iii), the annual deductible for such year, as
specified in section 1860D-2(b)(1);
``(ii) in the case of a subsidy eligible individual
described in section 1860D-14(a)(1), the annual deductible
for such year, as specified in subparagraph (B) of such
section; and
``(iii) in the case of a subsidy eligible individual
described in section 1860D-14(a)(2), the annual deductible
for such year, as specified in subparagraph (B) of such
section.
``(2) Applicable drug.--The term `applicable drug', with
respect to an applicable beneficiary--
``(A) means a covered part D drug--
``(i) approved under a new drug application under section
505(c) of the Federal Food, Drug, and Cosmetic Act or, in the
case of a biologic product, licensed under section 351 of the
Public Health Service Act; and
``(ii)(I) if the PDP sponsor of the prescription drug plan
or the MA organization offering the MA-PD plan uses a
formulary, which is on the formulary of the prescription drug
plan or MA-PD plan that the applicable beneficiary is
enrolled in;
``(II) if the PDP sponsor of the prescription drug plan or
the MA organization offering the MA-PD plan does not use a
formulary, for which benefits are available under the
prescription drug plan or MA-PD plan that the applicable
beneficiary is enrolled in; or
``(III) is provided through an exception or appeal; and
``(B) does not include a selected drug (as referred to
under section 1192(c)) during a price applicability period
(as defined in section 1191(b)(2)) with respect to such drug.
``(3) Applicable number of calendar days.--The term
`applicable number of calendar days' means--
``(A) with respect to claims for reimbursement submitted
electronically, 14 days; and
``(B) with respect to claims for reimbursement submitted
otherwise, 30 days.
``(4) Discounted price.--
``(A) In general.--The term `discounted price' means,
subject to subparagraphs (B) and (C), with respect to an
applicable drug of a manufacturer dispensed during a year to
an applicable beneficiary--
``(i) who has not incurred costs, as determined in
accordance with section 1860D-2(b)(4)(C), for covered part D
drugs in the year that are equal to or exceed the annual out-
of-pocket threshold specified in section 1860D-2(b)(4)(B)(i)
for the year, 90 percent of the negotiated price of such
drug; and
``(ii) who has incurred such costs, as so determined, in
the year that are equal to or exceed such threshold for the
year, 80 percent of the negotiated price of such drug.
``(B) Phase-in for certain drugs dispensed to lis
beneficiaries.--
``(i) In general.--In the case of an applicable drug of a
specified manufacturer (as defined in clause (ii)) that is
marketed as of the date of enactment of this subparagraph and
dispensed for an applicable beneficiary who is a subsidy
eligible individual (as defined in section 1860D-14(a)(3)),
the term `discounted price' means the specified LIS percent
(as defined in clause (iii)) of the negotiated price of the
applicable drug of the manufacturer.
``(ii) Specified manufacturer.--
``(I) In general.--In this subparagraph, subject to
subclause (II), the term `specified manufacturer' means a
manufacturer of an applicable drug for which, in 2021--
``(aa) the manufacturer had a coverage gap discount
agreement under section 1860D-14A;
``(bb) the total expenditures for all of the specified
drugs of the manufacturer covered by such agreement or
agreements for such year and covered under this part during
such year represented less than 1.0 percent of the total
expenditures under this part for all covered Part D drugs
during such year; and
``(cc) the total expenditures for all of the specified
drugs of the manufacturer that are single source drugs and
biological products covered under part B during such year
represented less than 1.0 percent of the total expenditures
under part B for all drugs or biological products covered
under such part during such year.
``(II) Specified drugs.--
``(aa) In general.--For purposes of this clause, the term
`specified drug' means, with respect to a specified
manufacturer, for 2021, an applicable drug that is produced,
prepared, propagated, compounded, converted, or processed by
the manufacturer.
``(bb) Aggregation rule.--All persons treated as a single
employer under subsection (a) or (b) of section 52 of the
Internal Revenue Code of 1986 shall be treated as one
manufacturer for purposes of this subparagraph. For purposes
of making a determination pursuant to the previous sentence,
an agreement under this section shall require that a
manufacturer provide and attest to such information as
specified by the Secretary as necessary.
``(III) Limitation.--The term `specified manufacturer'
shall not include a manufacturer described in subclause (I)
if such manufacturer is acquired after 2021 by another
manufacturer that is not a specified manufacturer, effective
at the beginning of the plan year immediately following such
acquisition or, in the case of an acquisition before 2024,
effective January 1, 2024.
``(iii) Specified lis percent.--In this subparagraph, the
`specified LIS percent' means, with respect to a year--
``(I) for an applicable drug dispensed for an applicable
beneficiary described in clause (i) who has not incurred
costs, as determined in accordance with section 1860D-
2(b)(4)(C), for covered part D drugs in the year that are
equal to or exceed the annual out-of-pocket threshold
specified in section 1860D-2(b)(4)(B)(i) for the year--
``(aa) for 2024, 99 percent;
``(bb) for 2025, 98 percent;
``(cc) for 2026, 95 percent;
``(dd) for 2027, 92 percent; and
``(ee) for 2028 and each subsequent year, 90 percent; and
``(II) for an applicable drug dispensed for an applicable
beneficiary described in clause (i) who has incurred costs,
as determined in accordance with section 1860D-2(b)(4)(C),
for covered part D drugs in the year that are equal to or
exceed the annual out-of-pocket threshold specified in
section 1860D-2(b)(4)(B)(i) for the year--
``(aa) for 2024, 99 percent;
``(bb) for 2025, 98 percent;
``(cc) for 2026, 95 percent;
``(dd) for 2027, 92 percent;
``(ee) for 2028, 90 percent;
``(ff) for 2029, 85 percent; and
``(gg) for 2030 and each subsequent year, 80 percent.
``(C) Phase-in for specified small manufacturers.--
``(i) In general.--In the case of an applicable drug of a
specified small manufacturer (as defined in clause (ii)) that
is marketed as of the date of enactment of this subparagraph
and dispensed for an applicable beneficiary, the term
`discounted price' means the specified small manufacturer
percent (as defined in clause (iii)) of the negotiated price
of the applicable drug of the manufacturer.
``(ii) Specified small manufacturer.--
``(I) In general.--In this subparagraph, subject to
subclause (III), the term `specified small manufacturer'
means a manufacturer of an applicable drug for which, in
2021--
``(aa) the manufacturer is a specified manufacturer (as
defined in subparagraph (B)(ii)); and
``(bb) the total expenditures under part D for any one of
the specified small manufacturer drugs of the manufacturer
that are covered by the agreement or agreements under section
[[Page H6573]]
1860D-14A of such manufacturer for such year and covered
under this part during such year are equal to or more than 80
percent of the total expenditures under this part for all
specified small manufacturer drugs of the manufacturer that
are covered by such agreement or agreements for such year and
covered under this part during such year.
``(II) Specified small manufacturer drugs.--
``(aa) In general.--For purposes of this clause, the term
`specified small manufacturer drugs' means, with respect to a
specified small manufacturer, for 2021, an applicable drug
that is produced, prepared, propagated, compounded,
converted, or processed by the manufacturer.
``(bb) Aggregation rule.--All persons treated as a single
employer under subsection (a) or (b) of section 52 of the
Internal Revenue Code of 1986 shall be treated as one
manufacturer for purposes of this subparagraph. For purposes
of making a determination pursuant to the previous sentence,
an agreement under this section shall require that a
manufacturer provide and attest to such information as
specified by the Secretary as necessary.
``(III) Limitation.--The term `specified small
manufacturer' shall not include a manufacturer described in
subclause (I) if such manufacturer is acquired after 2021 by
another manufacturer that is not a specified small
manufacturer, effective at the beginning of the plan year
immediately following such acquisition or, in the case of an
acquisition before 2024, effective January 1, 2024.
``(iii) Specified small manufacturer percent.--In this
subparagraph, the term `specified small manufacturer percent'
means, with respect to a year--
``(I) for an applicable drug dispensed for an applicable
beneficiary who has not incurred costs, as determined in
accordance with section 1860D-2(b)(4)(C), for covered part D
drugs in the year that are equal to or exceed the annual out-
of-pocket threshold specified in section 1860D-2(b)(4)(B)(i)
for the year--
``(aa) for 2024, 99 percent;
``(bb) for 2025, 98 percent;
``(cc) for 2026, 95 percent;
``(dd) for 2027, 92 percent; and
``(ee) for 2028 and each subsequent year, 90 percent; and
``(II) for an applicable drug dispensed for an applicable
beneficiary who has incurred costs, as determined in
accordance with section 1860D-2(b)(4)(C), for covered part D
drugs in the year that are equal to or exceed the annual out-
of-pocket threshold specified in section 1860D-2(b)(4)(B)(i)
for the year--
``(aa) for 2024, 99 percent;
``(bb) for 2025, 98 percent;
``(cc) for 2026, 95 percent;
``(dd) for 2027, 92 percent;
``(ee) for 2028, 90 percent;
``(ff) for 2029, 85 percent; and
``(gg) for 2030 and each subsequent year, 80 percent.
``(D) Total expenditures.--For purposes of this paragraph,
the term `total expenditures' includes, in the case of
expenditures with respect to part D, ingredient costs,
dispensing fees, sales tax, and, if applicable, vaccine
administration fees. The term `total expenditures' excludes,
in the case of expenditures with respect to part B,
expenditures for a drug or biological that are bundled or
packaged into the payment for another service.
``(E) Special case for certain claims.--
``(i) Claims spanning deductible.--In the case where the
entire amount of the negotiated price of an individual claim
for an applicable drug with respect to an applicable
beneficiary does not fall above the annual deductible
specified in section 1860D-2(b)(1) for the year, the
manufacturer of the applicable drug shall provide the
discounted price under this section on only the portion of
the negotiated price of the applicable drug that falls above
such annual deductible.
``(ii) Claims spanning out-of-pocket threshold.--In the
case where the entire amount of the negotiated price of an
individual claim for an applicable drug with respect to an
applicable beneficiary does not fall entirely below or
entirely above the annual out-of-pocket threshold specified
in section 1860D-2(b)(4)(B)(i) for the year, the manufacturer
of the applicable drug shall provide the discounted price--
``(I) in accordance with subparagraph (A)(i) on the portion
of the negotiated price of the applicable drug that falls
below such threshold; and
``(II) in accordance with subparagraph (A)(ii) on the
portion of such price of such drug that falls at or above
such threshold.
``(5) Manufacturer.--The term `manufacturer' means any
entity which is engaged in the production, preparation,
propagation, compounding, conversion, or processing of
prescription drug products, either directly or indirectly by
extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis. Such term
does not include a wholesale distributor of drugs or a retail
pharmacy licensed under State law.
``(6) Negotiated price.--The term `negotiated price' has
the meaning given such term in section 423.100 of title 42,
Code of Federal Regulations (or any successor regulation)
and, with respect to an applicable drug, such negotiated
price shall include any dispensing fee and, if applicable,
any vaccine administration fee for the applicable drug.
``(7) Qualified retiree prescription drug plan.--The term
`qualified retiree prescription drug plan' has the meaning
given such term in section 1860D-22(a)(2).
``SEC. 1860D-14D. SELECTED DRUG SUBSIDY PROGRAM.
``With respect to covered part D drugs that would be
applicable drugs (as defined in section 1860D-14C(g)(2) but
for the application of subparagraph (B) of such section, the
Secretary shall provide a process whereby, in the case of an
applicable beneficiary (as defined in section 1860D-
14C(g)(1)) who, with respect to a year, is enrolled in a
prescription drug plan or is enrolled in an MA-PD plan, has
not incurred costs that are equal to or exceed the annual
out-of-pocket threshold specified in section 1860D-
2(b)(4)(B)(i), and is dispensed such a drug the Secretary
(periodically and on a timely basis) provides the PDP sponsor
or the MA organization offering the plan, a subsidy with
respect to such drug that is equal to 10 percent of the
negotiated price (as defined in section 1860D-14C(g)(6)) of
such drug.''.
(2) Sunset of medicare coverage gap discount program.--
Section 1860D-14A of the Social Security Act (42 U.S.C. 1395-
114a) is amended--
(A) in subsection (a), in the first sentence, by striking
``The Secretary'' and inserting ``Subject to subsection (h),
the Secretary''; and
(B) by adding at the end the following new subsection:
``(h) Sunset of Program.--
``(1) In general.--The program shall not apply with respect
to applicable drugs dispensed on or after January 1, 2024,
and, subject to paragraph (2), agreements under this section
shall be terminated as of such date.
``(2) Continued application for applicable drugs dispensed
prior to sunset.--The provisions of this section (including
all responsibilities and duties) shall continue to apply on
and after January 1, 2024, with respect to applicable drugs
dispensed prior to such date.''.
(3) Inclusion of actuarial value of manufacturer discounts
in bids.--Section 1860D-11 of the Social Security Act (42
U.S.C. 1395w-111) is amended--
(A) in subsection (b)(2)(C)(iii)--
(i) by striking ``assumptions regarding the reinsurance''
and inserting ``assumptions regarding--
``(I) the reinsurance''; and
(ii) by adding at the end the following:
``(II) for 2024 and each subsequent year, the manufacturer
discounts provided under section 1860D-14C subtracted from
the actuarial value to produce such bid; and''; and
(B) in subsection (c)(1)(C)--
(i) by striking ``an actuarial valuation of the
reinsurance'' and inserting ``an actuarial valuation of--
``(i) the reinsurance'';
(ii) in clause (i), as inserted by clause (i) of this
subparagraph, by adding ``and'' at the end; and
(iii) by adding at the end the following:
``(ii) for 2024 and each subsequent year, the manufacturer
discounts provided under section 1860D-14C;''.
(e) Conforming Amendments.--
(1) Section 1860D-2 of the Social Security Act (42 U.S.C.
1395w-102) is amended--
(A) in subsection (a)(2)(A)(i)(I), by striking ``, or an
increase in the initial'' and inserting ``or, for a year
preceding 2024, an increase in the initial'';
(B) in subsection (c)(1)(C)--
(i) in the subparagraph heading, by striking ``at initial
coverage limit''; and
(ii) by inserting ``for a year preceding 2024 or the annual
out-of-pocket threshold specified in subsection (b)(4)(B) for
the year for 2024 and each subsequent year'' after
``subsection (b)(3) for the year'' each place it appears; and
(C) in subsection (d)(1)(A), by striking ``or an initial''
and inserting ``or, for a year preceding 2024, an initial''.
(2) Section 1860D-4(a)(4)(B)(i) of the Social Security Act
(42 U.S.C. 1395w-104(a)(4)(B)(i)) is amended by striking
``the initial'' and inserting ``for a year preceding 2024,
the initial''.
(3) Section 1860D-14(a) of the Social Security Act (42
U.S.C. 1395w-114(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``The continuation''
and inserting ``For a year preceding 2024, the
continuation'';
(ii) in subparagraph (D)(iii), by striking ``1860D-
2(b)(4)(A)(i)(I)'' and inserting ``1860D-
2(b)(4)(A)(i)(I)(aa)''; and
(iii) in subparagraph (E), by striking ``The elimination''
and inserting ``For a year preceding 2024, the elimination'';
and
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``The continuation''
and inserting ``For a year preceding 2024, the
continuation''; and
(ii) in subparagraph (E), by striking ``1860D-
2(b)(4)(A)(i)(I)'' and inserting ``1860D-
2(b)(4)(A)(i)(I)(aa)''.
(4) Section 1860D-21(d)(7) of the Social Security Act (42
U.S.C. 1395w-131(d)(7)) is amended by striking ``section
1860D-2(b)(4)(B)(i)'' and inserting ``section 1860D-
2(b)(4)(C)(i)''.
(5) Section 1860D-22(a)(2)(A) of the Social Security Act
(42 U.S.C. 1395w-132(a)(2)(A)) is amended--
(A) by striking ``the value of any discount'' and inserting
the following: ``the value of--
``(i) for years prior to 2024, any discount'';
(B) in clause (i), as inserted by subparagraph (A) of this
paragraph, by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following new clause:
``(ii) for 2024 and each subsequent year, any discount
provided pursuant to section 1860D-14C.''.
(6) Section 1860D-41(a)(6) of the Social Security Act (42
U.S.C. 1395w-151(a)(6)) is amended--
(A) by inserting ``for a year before 2024'' after ``1860D-
2(b)(3)''; and
(B) by inserting ``for such year'' before the period.
(7) Section 1860D-43 of the Social Security Act (42 U.S.C.
1395w-153) is amended--
(A) in subsection (a)--
(i) by striking paragraph (1) and inserting the following:
[[Page H6574]]
``(1) participate in--
``(A) for 2011 through 2023, the Medicare coverage gap
discount program under section 1860D-14A; and
``(B) for 2024 and each subsequent year, the manufacturer
discount program under section 1860D-14C;'';
(ii) by striking paragraph (2) and inserting the following:
``(2) have entered into and have in effect--
``(A) for 2011 through 2023, an agreement described in
subsection (b) of section 1860D-14A with the Secretary; and
``(B) for 2024 and each subsequent year, an agreement
described in subsection (b) of section 1860D-14C with the
Secretary; and''; and
(iii) by striking paragraph (3) and inserting the
following:
``(3) have entered into and have in effect, under terms and
conditions specified by the Secretary--
``(A) for 2011 through 2023, a contract with a third party
that the Secretary has entered into a contract with under
subsection (d)(3) of section 1860D-14A; and
``(B) for 2024 and each subsequent year, a contract with a
third party that the Secretary has entered into a contract
with under subsection (d)(3) of section 1860D-14C.''; and
(B) by striking subsection (b) and inserting the following:
``(b) Effective Date.--Paragraphs (1)(A), (2)(A), and
(3)(A) of subsection (a) shall apply to covered part D drugs
dispensed under this part on or after January 1, 2011, and
before January 1, 2024, and paragraphs (1)(B), (2)(B), and
(3)(B) of such subsection shall apply to covered part D drugs
dispensed under this part on or after January 1, 2024.''.
(8) Section 1927 of the Social Security Act (42 U.S.C.
1396r-8) is amended--
(A) in subsection (c)(1)(C)(i)(VI), by inserting before the
period at the end the following: ``or under the manufacturer
discount program under section 1860D-14C''; and
(B) in subsection (k)(1)(B)(i)(V), by inserting before the
period at the end the following: ``or under section 1860D-
14C''.
(f) Implementation for 2024 and 2025.--Notwithstanding any
other provision of this section, the Secretary shall
implement this section, including the amendments made by this
section, for 2024 and 2025 by program instruction or
otherwise.
(g) Funding.--In addition to amounts otherwise available,
there are appropriated to the Centers for Medicare & Medicaid
Services, out of any money in the Treasury not otherwise
appropriated, $44,000,000 for fiscal year 2022, $38,000,000
for fiscal year 2023, and $32,000,000 for each of fiscal
years 2024 through 2031, to remain available until expended,
to carry out the provisions of, including the amendments made
by, this section.
SEC. 139202. MAXIMUM MONTHLY CAP ON COST SHARING PAYMENTS
UNDER PRESCRIPTION DRUG PLANS AND MA-PD PLANS.
(a) In General.--Section 1860D-2(b) of the Social Security
Act (42 U.S.C. 1395w-102(b)), as amended by section 139201,
is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``and (D)'' and
inserting ``, (D), and (E)''; and
(B) by adding at the end the following new subparagraph:
``(E) Maximum monthly cap on cost sharing payments.--
``(i) In general.--For plan years beginning on or after
January 1, 2025, each PDP sponsor offering a prescription
drug plan and each MA organization offering an MA-PD plan
shall provide to any enrollee of such plan, including an
enrollee who is a subsidy eligible individual (as defined in
paragraph (3) of section 1860D-14(a)), the option to elect
with respect to a plan year to pay cost sharing under the
plan in monthly amounts that are capped in accordance with
this subparagraph.
``(ii) Determination of maximum monthly cap.--For each
month in the plan year for which an enrollee in a
prescription drug plan or an MA-PD plan has made an election
pursuant to clause (i), the PDP sponsor or MA organization
shall determine a maximum monthly cap (as defined in clause
(iv)) for such enrollee.
``(iii) Beneficiary monthly payments.--With respect to an
enrollee who has made an election pursuant to clause (i), for
each month described in clause (ii), the PDP sponsor or MA
organization shall bill such enrollee an amount (not to
exceed the maximum monthly cap) for the out-of-pocket costs
of such enrollee in such month.
``(iv) Maximum monthly cap defined.--In this subparagraph,
the term `maximum monthly cap' means, with respect to an
enrollee--
``(I) for the first month for which the enrollee has made
an election pursuant to clause (i), an amount determined by
calculating--
``(aa) the annual out-of-pocket threshold specified in
paragraph (4)(B) minus the incurred costs of the enrollee as
described in paragraph (4)(C); divided by
``(bb) the number of months remaining in the plan year; and
``(II) for a subsequent month, an amount determined by
calculating--
``(aa) the sum of any remaining out-of-pocket costs owed by
the enrollee from a previous month that have not yet been
billed to the enrollee and any additional out-of-pocket costs
incurred by the enrollee; divided by
``(bb) the number of months remaining in the plan year.
``(v) Additional requirements.--The following requirements
shall apply with respect to the option to make an election
pursuant to clause (i) under this subparagraph:
``(I) Secretarial responsibilities.--The Secretary shall
provide information to part D eligible individuals on the
option to make such election through educational materials,
including through the notices provided under section 1804(a).
``(II) Timing of election.--An enrollee in a prescription
drug plan or an MA-PD plan may make such an election--
``(aa) prior to the beginning of the plan year; or
``(bb) in any month during the plan year.
``(III) Pdp sponsor and ma organization responsibilities.--
Each PDP sponsor offering a prescription drug plan or MA
organization offering an MA-PD plan--
``(aa) may not limit the option for an enrollee to make
such an election to certain covered part D drugs;
``(bb) shall, prior to the plan year, notify prospective
enrollees of the option to make such an election in
promotional materials;
``(cc) shall include information on such option in enrollee
educational materials;
``(dd) shall have in place a mechanism to notify a pharmacy
during the plan year when an enrollee incurs out-of-pocket
costs with respect to covered part D drugs that make it
likely the enrollee may benefit from making such an election;
``(ee) shall provide that a pharmacy, after receiving a
notification described in item (dd) with respect to an
enrollee, informs the enrollee of such notification;
``(ff) shall ensure that such an election by an enrollee
has no effect on the amount paid to pharmacies (or the timing
of such payments) with respect to covered part D drugs
dispensed to the enrollee; and
``(gg) shall have in place a financial reconciliation
process to correct inaccuracies in payments made by an
enrollee under this subparagraph with respect to covered part
D drugs during the plan year.
``(IV) Failure to pay amount billed.--If an enrollee fails
to pay the amount billed for a month as required under this
subparagraph, the election of the enrollee pursuant to clause
(i) shall be terminated and the enrollee shall pay the cost
sharing otherwise applicable for any covered part D drugs
subsequently dispensed to the enrollee up to the annual out-
of-pocket threshold specified in paragraph (4)(B).
``(V) Clarification regarding past due amounts.--Nothing in
this subparagraph shall be construed as prohibiting a PDP
sponsor or an MA organization from billing an enrollee for an
amount owed under this subparagraph.
``(VI) Treatment of unsettled balances.--Any unsettled
balances with respect to amounts owed under this subparagraph
shall be treated as plan losses and the Secretary shall not
be liable for any such balances outside of those assumed as
losses estimated in plan bids.''; and
(2) in paragraph (4)--
(A) in subparagraph (C), by striking ``in subparagraph
(E)'' and inserting ``in subparagraph (E) and subject to
subparagraph (F)''; and
(B) by adding at the end the following new subparagraph:
``(F) Inclusion of costs paid under maximum monthly cap
option.--In applying subparagraph (A), with respect to an
enrollee who has made an election pursuant to clause (i) of
paragraph (2)(E), costs shall be treated as incurred if such
costs are paid by a PDP sponsor or an MA organization under
the option provided under such paragraph.''.
(b) Application to Alternative Prescription Drug
Coverage.--Section 1860D-2(c) of the Social Security Act (42
U.S.C. 1395w-102(c)) is amended by adding at the end the
following new paragraph:
``(4) Same maximum monthly cap on cost sharing.--For plan
years beginning on or after January 1, 2025, the maximum
monthly cap on cost sharing payments under the option
provided under subsection (b)(2)(E) shall apply to such
coverage.''.
(c) Implementation for 2025.--The Secretary shall implement
this section, including the amendments made by this section,
for 2025 by program instruction or otherwise.
(d) Funding.--In addition to amounts otherwise available,
there are appropriated to the Centers for Medicare & Medicaid
Services, out of any money in the Treasury not otherwise
appropriated, $1,000,000 for each of fiscal years 2022
through 2031, to remain available until expended, to carry
out the provisions of, including the amendments made by, this
section.
PART 4--REPEAL OF CERTAIN PRESCRIPTION DRUG REBATE RULE
SEC. 139301. PROHIBITING IMPLEMENTATION OF RULE RELATING TO
ELIMINATING THE ANTI-KICKBACK STATUTE SAFE
HARBOR PROTECTION FOR PRESCRIPTION DRUG
REBATES.
Beginning January 1, 2026, the Secretary of Health and
Human Services shall not implement, administer, or enforce
the provisions of the final rule published by the Office of
the Inspector General of the Department of Health and Human
Services on November 30, 2020, and titled ``Fraud and Abuse;
Removal of Safe Harbor Protection for Rebates Involving
Prescription Pharmaceuticals and Creation of New Safe Harbor
Protection for Certain Point-of-Sale Reductions in Price on
Prescription Pharmaceuticals and Certain Pharmacy Benefit
Manager Service Fees'' (85 Fed. Reg. 76666).
PART 5--MISCELLANEOUS
SEC. 139401. APPROPRIATE COST-SHARING FOR CERTAIN INSULIN
PRODUCTS UNDER MEDICARE PART D.
(a) In General.--Section 1860D-2 of the Social Security Act
(42 U.S.C. 1395w-102) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by striking ``The coverage'' and
inserting ``Subject to paragraph (8), the coverage'';
(B) in paragraph (2)(A), by striking ``and (D)'' and
inserting ``and (D) and paragraph (8)'';
(C) in paragraph (3)(A), by striking ``and (4)'' and
inserting ``(4), and (8)'';
[[Page H6575]]
(D) in paragraph (4)(A)(i), by striking ``The coverage''
and inserting ``Subject to paragraph (8), the coverage''; and
(E) by adding at the end the following new paragraph:
``(8) Treatment of cost-sharing for certain insulin
products.--
``(A) In general.--For plan years beginning on or after
January 1, 2023, the following shall apply with respect to
insulin products (as defined in subparagraph (B)):
``(i) No application of deductible.--The deductible under
paragraph (1) shall not apply with respect to such insulin
products.
``(ii) Application of cost-sharing.--
``(I) Plan year 2023.--For plan year 2023, the coverage
provides benefits for such insulin products, regardless of
whether an individual has reached the initial coverage limit
under paragraph (3) or the out-of-pocket threshold under
paragraph (4), with cost-sharing that is equal to the
applicable copayment amount.
``(II) Plan year 2024 and subsequent plan years.--For plan
year 2024 and subsequent plan years, the coverage provides
benefits for such insulin products, prior to an individual
reaching the out-of-pocket threshold under paragraph (4),
with cost-sharing that is equal to the applicable copayment
amount.
``(III) Applicable copayment amount.--For purposes of this
clause, the term `applicable copayment amount' means, with
respect to an insulin product under a prescription drug plan
or an MA-PD plan, an amount that is not more than $35.
``(B) Insulin product.--For purposes of this paragraph, the
term `insulin product' means an insulin product that is
approved under section 505 of the Federal Food, Drug, and
Cosmetic Act or licensed under section 351 of the Public
Health Service Act and marketed pursuant to such approval or
licensure, including any insulin product that has been deemed
to be licensed under section 351 of the Public Health Service
Act pursuant to section 7002(e)(4) of the Biologics Price
Competition and Innovation Act of 2009 and marketed pursuant
to such section.''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Treatment of cost-sharing for insulin products.--The
coverage is provided in accordance with subsection (b)(8).''.
(b) Conforming Amendments to Cost-sharing for Low-income
Individuals.--Section 1860D-14(a) of the Social Security Act
(42 U.S.C. 1395w-114(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D)(iii), by adding at the end the
following new sentence: ``For plan year 2023 and subsequent
plan years, the copayment amount applicable under the
preceding sentence to an insulin product (as defined in
section 1860D-2(b)(8)(B)) furnished to the individual may not
exceed the applicable copayment amount for the product under
the prescription drug plan or MA-PD plan in which the
individual is enrolled.''; and
(B) in subparagraph (E), by inserting the following before
the period at the end ``or under section 1860D-2(b)(8) in the
case of an insulin product (as defined in subparagraph (B) of
such section)''; and
(2) in paragraph (2)--
(A) in subparagraph (D), by adding at the end the following
new sentence: ``For plan year 2023 and subsequent plan years,
the amount of the coinsurance applicable under the preceding
sentence to an insulin product (as defined in section 1860D-
2(b)(8)(B)) furnished to the individual may not exceed the
applicable copayment amount for the product under the
prescription drug plan or MA-PD plan in which the individual
is enrolled.''; and
(B) in subparagraph (E), by adding at the end the following
new sentence: ``For plan year 2023, the amount of the
copayment or coinsurance applicable under the preceding
sentence to an insulin product (as defined in section 1860D-
2(b)(8)(B)) furnished to the individual may not exceed the
applicable copayment amount for the product under the
prescription drug plan or MA-PD plan in which the individual
is enrolled.''
(c) Implementation.--The Secretary shall implement this
section for plan years 2023 and 2024 by program instruction
or otherwise.
SEC. 139402. COVERAGE OF ADULT VACCINES RECOMMENDED BY THE
ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES
UNDER MEDICARE PART D.
(a) Ensuring Treatment of Cost Sharing Is Consistent With
Treatment of Vaccines Under Medicare Part B.--Section 1860D-2
of the Social Security Act (42 U.S.C. 1395w-102), as amended
by section 139401, is further amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by striking ``paragraph (8)'' and
inserting ``paragraphs (8) and (9)'';
(B) in paragraph (2)(A), by striking ``paragraph (8)'' and
inserting ``paragraphs (8) and (9)'';
(C) in paragraph (3)(A), by striking ``and (8)'' and
inserting ``(8), and (9)'';
(D) in paragraph (4)(A)(i), by striking ``paragraph (8)''
and inserting ``paragraphs (8) and (9)''; and
(E) by adding at the end the following new paragraph:
``(9) Treatment of cost sharing for adult vaccines
recommended by the advisory committee on immunization
practices consistent with treatment of vaccines under part
b.--
``(A) In general.--For plan years beginning on or after
January 1, 2024 , the following shall apply with respect to
an adult vaccine recommended by the Advisory Committee on
Immunization Practices (as defined in subparagraph (B)):
``(i) No application of deductible.--The deductible under
paragraph (1) shall not apply with respect to such vaccine.
``(ii) No application of coinsurance or any other cost-
sharing.--There shall be no coinsurance or other cost-sharing
under this part with respect to such vaccine, regardless of
whether for costs below, at, or above the initial coverage
limit under paragraph (3) or the out-of-pocket threshold
under paragraph (4).
``(B) Adult vaccines recommended by the advisory committee
on immunization practices.--For purposes of this paragraph,
the term `adult vaccine recommended by the Advisory Committee
on Immunization Practices' means a covered part D drug that
is a vaccine licensed under section 351 of the Public Health
Service Act for use by adult populations and administered in
accordance with recommendations of the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention.''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(5) Treatment of cost sharing for adult vaccines
recommended by the advisory committee on immunization
practices.--The coverage is in accordance with subsection
(b)(9).''.
(b) Conforming Amendments to Cost Sharing for Low-income
Individuals.--Section 1860D-14(a) of the Social Security Act
(42 U.S.C. 1395w-114(a)), as amended by section 139401, is
further amended--
(1) in paragraph (1)(D), in each of clauses (ii) and (iii),
by striking ``In the case'' and inserting ``Subject to
paragraph (6), in the case'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``A reduction'' and
inserting ``Subject to paragraph (6), a reduction''
(B) in subparagraph (D), by striking ``The substitution''
and inserting ``Subject to paragraph (6), the substitution'';
and
(C) in subparagraph (E), by striking ``subsection (c)'' and
inserting ``paragraph (6) and subsection (c)''; and
(3) by adding at the end the following new paragraph:
``(6) No application of cost sharing for adult vaccines
recommended by the advisory committee on immunization
practices.--For plan years beginning on or after January 1,
2024, there shall be no cost sharing under this section,
including no annual deductible applicable under this section,
with respect to an adult vaccine recommended by the Advisory
Committee on Immunization Practices (as defined in
subparagraph (B) of such section).''.
(c) Rule of Construction.--Nothing in this section shall be
construed as limiting coverage under part D of title XVIII of
the Social Security Act for vaccines that are not recommended
by the Advisory Committee on Immunization Practices.
(d) Implementation for 2024.--The Secretary shall implement
this section, including the amendments made by this section,
for 2024 by program instruction or otherwise.
SEC. 139403. PAYMENT FOR BIOSIMILAR BIOLOGICAL PRODUCTS
DURING INITIAL PERIOD.
Section 1847A(c)(4) of the Social Security Act (42 U.S.C.
1395w-3a(c)(4)) is amended--
(1) in each of subparagraphs (A) and (B), by redesignating
clauses (i) and (ii) as subclauses (I) and (II),
respectively, and moving such subclauses 2 ems to the right;
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii) and moving such clauses 2 ems to the right;
(3) by striking ``unavailable.--In the case'' and inserting
``unavailable.--
``(A) In general.--Subject to subparagraph (B), in the
case''; and
(4) by adding at the end the following new subparagraph:
``(B) Limitation on payment amount for biosimilar
biological products during initial period.--In the case of a
biosimilar biological product furnished on or after July 1,
2023, during the initial period described in subparagraph (A)
with respect to the biosimilar biological product, the amount
payable under this section for the biosimilar biological
product is the lesser of the following:
``(i) The amount determined under clause (ii) of such
subparagraph for the biosimilar biological product.
``(ii) The amount determined under subsection (b)(1)(B) for
the reference biological product.''.
SEC. 139404. TEMPORARY INCREASE IN MEDICARE PART B PAYMENT
FOR CERTAIN BIOSIMILAR BIOLOGICAL PRODUCTS.
Section 1847A(b)(8) of the Social Security Act (42 U.S.C.
1395w-3a(b)(8)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving the margin of each
such redesignated clause 2 ems to the right;
(2) by striking ``product.--The amount'' and inserting the
following: ``product.--
``(A) In general.--Subject to subparagraph (B), the
amount''; and
(3) by adding at the end the following new subparagraph:
``(B) Temporary payment increase.--
``(i) In general.--In the case of a qualifying biosimilar
biological product that is furnished during the applicable 5-
year period for such product, the amount specified in this
paragraph for such product with respect to such period is the
sum determined under subparagraph (A), except that clause
(ii) of such subparagraph shall be applied by substituting `8
percent' for `6 percent'.
``(ii) Applicable 5-year period.--For purposes of clause
(i), the applicable 5-year period for a qualifying biosimilar
biological product is--
``(I) in the case of such a product for which payment was
made under this paragraph as of March 31, 2022, the 5-year
period beginning on April 1, 2022; and
[[Page H6576]]
``(II) in the case of such a product for which payment is
first made under this paragraph during a calendar quarter
during the period beginning April 1, 2022, and ending March
31, 2027, the 5-year period beginning on the first day of
such calendar quarter during which such payment is first
made.
``(iii) Qualifying biosimilar biological product defined.--
For purposes of this subparagraph, the term `qualifying
biosimilar biological product' means a biosimilar biological
product described in paragraph (1)(C) with respect to which--
``(I) in the case of a product described in clause (ii)(I),
the average sales price under paragraph (8)(A)(i) for a
calendar quarter during the 5-year period described in such
clause is not more than the average sales price under
paragraph (4)(A) for such quarter for the reference
biological product; and
``(II) in the case of a product described in clause
(ii)(II), the average sales price under paragraph (8)(A)(i)
for a calendar quarter during the 5-year period described in
such clause is not more than the average sales price under
paragraph (4)(A) for such quarter for the reference
biological product.''.
SEC. 139405. IMPROVING ACCESS TO ADULT VACCINES UNDER
MEDICAID AND CHIP.
(a) Medicaid.--
(1) Requiring coverage of adult vaccinations.--
(A) In general.--Section 1902(a)(10)(A) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended in the
matter preceding clause (i) by inserting ``(13)(B),'' after
``(5),''.
(B) Medically needy.-- Section 1902(a)(10)(C)(iv) of such
Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by inserting
``, (13)(B),'' after ``(5)''.
(2) No cost sharing for vaccinations.--
(A) General cost-sharing limitations.--Section 1916 of the
Social Security Act (42 U.S.C. 1396o) is amended--
(i) in subsection (a)(2)--
(I) in subparagraph (G), by inserting a comma after ``State
plan'';
(II) in subparagraph (H), by striking ``; or'' and
inserting a comma;
(III) in subparagraph (I), by striking ``; and'' and
inserting ``, or''; and
(IV) by adding at the end the following new subparagraph:
``(J) vaccines described in section 1905(a)(13)(B) and the
administration of such vaccines; and''; and
(ii) in subsection (b)(2)--
(I) in subparagraph (G), by inserting a comma after ``State
plan'';
(II) in subparagraph (H), by striking ``; or'' and
inserting a comma;
(III) in subparagraph (I), by striking ``; and'' and
inserting ``, or''; and
(IV) by adding at the end the following new subparagraph:
``(J) vaccines described in section 1905(a)(13)(B) and the
administration of such vaccines; and''.
(B) Application to alternative cost sharing.--Section
1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-
1(b)(3)(B)) is amended by adding at the end the following new
clause:
``(xiv) Vaccines described in section 1905(a)(13)(B) and
the administration of such vaccines.''.
(3) Increased fmap for adult vaccines.--Section 1905(b) of
the Social Security Act (42 U.S.C. 1396d(b)) is amended--
(A) by striking ``and (5)'' and inserting ``(5)'';
(B) by striking ``services and vaccines described in
subparagraphs (A) and (B) of subsection (a)(13), and
prohibits cost-sharing for such services and vaccines'' and
inserting ``services described in subsection (a)(13)(A), and
prohibits cost-sharing for such services'';
(C) by striking ``medical assistance for such services and
vaccines'' and inserting ``medical assistance for such
services''; and
(D) by inserting ``, and (6) during the first 8 fiscal
quarters beginning on or after the effective date of this
clause, in the case of a State which, as of the date of
enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14',
provides medical assistance for vaccines described in
subsection (a)(13)(B) and their administration and prohibits
cost-sharing for such vaccines, the Federal medical
assistance percentage, as determined under this subsection
and subsection (y), shall be increased by 1 percentage point
with respect to medical assistance for such vaccines'' before
the first period.
(b) CHIP.--
(1) Requiring coverage of adult vaccinations.--Section
2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is
amended by adding at the end the following paragraph:
``(12) Required coverage of approved, recommended adult
vaccines and their administration.--Regardless of the type of
coverage elected by a State under subsection (a), if the
State child health plan or a waiver of such plan provides
child health assistance or pregnancy-related assistance (as
defined in section 2112) to an individual who is 19 years of
age or older, such assistance shall include coverage of
vaccines described in section 1905(a)(13)(B) and their
administration.''.
(2) No cost-sharing for vaccinations.--Section 2103(e)(2)
of such Act (42 U.S.C. 1397cc(e)(2)) is amended by inserting
``vaccines described in subsection (c)(12) (and the
administration of such vaccines),'' after ``in vitro
diagnostic products described in subsection (c)(10) (and
administration of such products),''.
(c) Effective Date.--The amendments made by this section
take effect on the 1st day of the 1st fiscal quarter that
begins on or after the date that is 1 year after the date of
enactment of this Act and shall apply to expenditures made
under a State plan or waiver of such plan under title XIX of
the Social Security Act (42 U.S.C. 1396 through 1396w-6) or
under a State child health plan or waiver of such plan under
title XXI of such Act (42 U.S.C. 1397aa through 1397mm) on or
after such effective date.
Subtitle J--Supplemental Security Income for the Territories
SECTION 131001. EXTENSION OF THE SUPPLEMENTAL SECURITY INCOME
PROGRAM TO PUERTO RICO, THE UNITED STATES
VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA.
(a) In General.--Section 303 of the Social Security
Amendments of 1972 (86 Stat. 1484) is amended by striking
subsection (b).
(b) Conforming Amendments.--
(1) Definition of state.--Section 1101(a)(1) of the Social
Security Act (42 U.S.C. 1301(a)(1)) is amended by striking
the 5th sentence and inserting the following: ``Such term
when used in title XVI includes Puerto Rico, the United
States Virgin Islands, Guam, and American Samoa.''.
(2) Exemption of ssi payments from limit on total payments
to the territories.--Section 1108(a)(1) of such Act (42
U.S.C. 1308(a)(1)) is amended by striking ``under titles I,
X, XIV, and XVI''.
(3) United states nationals treated the same as citizens.--
Section 1614(a)(1)(B) of such Act (42 U.S.C. 1382c(a)(1)(B))
is amended--
(A) in clause (i)(I), by inserting ``or national of the
United States,'' after ``citizen'';
(B) in clause (i)(II), by adding ``; or'' at the end; and
(C) in clause (ii), by inserting ``or national'' after
``citizen''.
(4) Territories included in geographic meaning of united
states.--Section 1614(e) of such Act (42 U.S.C. 1382c(e)) is
amended by striking ``and the District of Columbia'' and
inserting ``, the District of Columbia, Puerto Rico, the
United States Virgin Islands, Guam, and American Samoa''.
(c) Waiver Authority.--The Commissioner of Social Security
may waive or modify any statutory requirement relating to the
provision of benefits under the Supplemental Security Income
Program under title XVI of the Social Security Act in Puerto
Rico, the United States Virgin Islands, Guam, or American
Samoa, to the extent that the Commissioner deems it necessary
in order to adapt the program to the needs of the territory
involved.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on January 1, 2024.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
2 hours equally divided among and controlled by the chair and ranking
minority member of the Committee on the Budget or their respective
designees and the chair and ranking minority member of the Committee on
Ways and Means or their respective designees.
The gentleman from Kentucky (Mr. Yarmuth), the gentleman from
Missouri (Mr. Smith), the gentleman from Massachusetts (Mr. Neal), and
the gentleman from Texas (Mr. Brady) each will control 30 minutes.
The Chair recognizes the gentleman from Kentucky (Mr. Yarmuth).
General Leave
Mr. YARMUTH. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and insert extraneous material into the Record on H.R. 5376.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. YARMUTH. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, the bill before us today marks a triumph for our
Nation. After months of negotiations within our Caucus and our
committees, with our colleagues in the Senate, and with the White
House, I am proud to present the most consequential legislation for
American families since the New Deal.
The Build Back Better Act makes historic investments over 10 years to
overhaul and reimagine entire sectors of our economy and society so
that everyone, not just those at the top, will benefit from a growing
economy.
This bill delivers the most transformative investment in children and
caregiving in generations, the largest effort to combat climate change
in American history, the biggest expansion of affordable health
coverage in a decade, the most significant effort to bring down costs
and strengthen the middle class in generations, investments and key
reforms to make our tax system more equitable, and more.
To be clear, if we were only making the largest investment in
childcare in the history of the Nation, saving most American families
more than half of their spending on childcare, that would be a major
victory for the American people.
If we were only guaranteeing universal preschool for all 3- and 4-
year-olds, the first expansion of basic public education in our country
in 100 years, that would be a major victory for the American people.
[[Page H6577]]
If we were only making our Nation's largest investment ever to combat
the climate crisis, that would be a major victory for the American
people.
If we were only capping out-of-pocket prescription drug costs under
Medicare at $2,000, saving more than a million seniors an average of
$1,200 a year, that would be a major victory for the American people.
If we were only expanding the Affordable Care Act so that those who
have been locked out of Medicaid can get good coverage and then
requiring all insurance companies to provide insulin for no more than
$35 a month, that would be a major victory for the American people.
If we were only making the single largest and most comprehensive
investment in affordable housing in U.S. history, that would be a major
victory for the American people.
If we were only providing one of the largest middle-class tax cuts in
our Nation's history, that would be a major victory for the American
people.
But in this bill, the Build Back Better Act, we don't just do one of
these. We do all of them. Each of these investments on its own will
make an extraordinary impact on the lives of American families.
Together, they will be transformative.
Here is the kicker. Because our tax system has been so unjust, so
tilted to benefit the well-off and the well-connected, we can pay for
all this by simply making our tax code more fair.
It is a hell of a deal. It is why Nobel Prize-winning economists and
other experts backed this paid-for and progrowth agenda, citing how it
will make our tax system more equitable, ease longer term inflationary
pressures, and help American families build a much stronger future.
That is what governing should be about. It is not a game. We aren't
elected to make a scene. We are elected to make a difference and to
make the lives of the people we serve better.
Enacting this legislation will be a momentous achievement for
Congress. More importantly, it will change lives. It will save lives.
It will deliver on the promise of the American Dream for generations to
come.
Madam Speaker, I reserve the balance of my time.
Mr. SMITH of Missouri. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, this is an absolute disgrace. It is beyond belief how
terrible this moment is. It is embarrassing to the people of the United
States what is going on.
We have seen three versions of this bill written behind closed doors
in Speaker Pelosi's office. As we stand here this second--as we stand
here, Madam Speaker, this second--they are rewriting a fourth version
of the bill in Speaker Pelosi's office.
We will be recessing shortly, sometime during this debate, so the
Rules Committee can present a fourth version of a 2,000-page bill. Once
again, in this House, Speaker Pelosi is trying to pass a bill before
anyone knows what is in it, so then the American people can read it
after it has been passed.
Let me tell you, Madam Speaker, I will tell you what is in the
version of the bill right now. It is the worst piece of legislation
that I have seen in my entire life of public service. It is
transformational. It will completely change America as we know it, all
at the expense of working-class families.
They call it the Build Back Better bill. Let me tell you what those
three b's stand for: bankrupts the economy; benefits the wealthy; and
builds the Washington machine.
We are standing here because this is a budget bill. It originated in
the Budget Committee. Speaker Pelosi said that a budget is a statement
of your values. Well, let's see the Democratic Party's values by what
is in their bill.
Of this 2,100-page bill, it bankrupts the economy. They will try to
tell you that the bill is less than $2 trillion. They will try to tell
you that a $4.5 trillion spending bill will cost zero. Well, the
American people are not stupid. You don't spend $4.5 trillion and it
costs zero. That is one of their talking points.
Even Senator Manchin, a Democrat Senator from West Virginia, says
that this bill creates shell games.
We know there are all kinds of budget gimmicks to try to make it look
like it only spends $1.5 trillion. In fact, it spends $4.5 trillion.
Even The New York Times agrees that it spends a whole lot more money
than what the Democrats are saying.
It is also not only the largest spending bill in the history of this
United States; it is the largest tax increase in the history of the
United States. It increases taxes on working-class families of all
income levels, all at a time when we are facing record inflation.
Since Joe Biden has taken office, inflation is over 7 percent. In my
home State, inflation is over 8 percent.
Madam Speaker, the folks on the other side of the aisle will say that
inflation is just a high-class problem. They will say that it is only
transitory. But I can tell you, the people of Missouri and the people
across this country care about those increasing prices in the
supermarket, not the prices in the stock market.
This bill only punishes Main Street while rewarding Wall Street, and
you should be ashamed of what is going on in this bill, Madam Speaker.
This bill benefits the wealthy beyond belief.
The Democrats always say that they are the party of the working
class. Well, in fact, the 10 most wealthy congressional districts in
this body are all held by liberal Democrats. In fact, Wall Street spent
more than $70 million to defeat Donald Trump and to elect Joe Biden.
Why are they doing this bill? They are doing this bill to reward their
political friends, their constituents, their allies, their donors.
The second largest program in this bill is a tax cut for
millionaires, $250 billion for a tax cut for millionaires. A
millionaire family will get $25,900 in a tax break in this bill, but a
middle-class family will get $20.
{time} 1030
They are just rewarding their friends.
But, Madam Speaker, do you know what?
Those millionaires also get $12,500 to buy luxury electric cars.
Guess what, Madam Speaker?
Those millionaires also get government taxpayer-paid family leave.
The list goes on and on about the benefits to the wealthy. This body
should be ashamed of what is about to happen.
The third B, it builds the Washington bureaucracy. This bill creates
more than 150 new Federal programs.
It is all about control. This bill is about controlling every aspect
of Americans' lives whether it is their paychecks, whether it is their
healthcare decisions, or whether it is their kids' education. I would
think that the Democrats, after seeing what happened a few weeks ago in
Virginia, New Jersey, and all across this country, would know that the
American people are fed up with government control. In fact, over the
weekend, a poll said 60 percent of Americans believe that Joe Biden and
the Democrats are expanding government control beyond belief.
If we want to protect working-class families, if we want to protect
our freedoms, and if we want to save America, we have to kill this
bill.
Madam Speaker, I reserve the balance of my time.
Mr. YARMUTH. Madam Speaker, it must be easy to be a Republican in
Congress these days because you can make things up. You can throw out
numbers without any fear of being contradicted. But we will have,
probably by the end of the day, a CBO score from the Congressional
Budget Office which will undercut virtually every argument that the
gentleman from Missouri made.
Madam Speaker, I yield 1 minute to the gentleman from Virginia (Mr.
Scott), who is the distinguished chairman of the Education and Labor
Committee and also a member of the Budget Committee.
Mr. SCOTT of Virginia. Madam Speaker, the Build Back Better Act
addresses urgent challenges that workers, families, and businesses face
every day. With provisions just within the jurisdiction of the
Education and Labor Committee, the bill makes childcare affordable and
secures universal preschool for 3- and 4-year-olds lowering the costs
of working families and boosting our economy by helping parents reenter
the workforce. It also allows 9 million more children to receive
healthy school meals.
It lowers the cost of prescription drugs, and it lowers the cost of
higher education. Through investments of
[[Page H6578]]
high-quality job training programs, it gives workers more opportunities
and enhances the skills of our workforce.
Madam Speaker, the Build Back Better Act is a historic proposal that
will lower costs for nearly every American family, creates good-paying
jobs, and sets a strong foundation for the future of this country--and
it is paid for.
Madam Speaker, I encourage all of our colleagues to support the bill.
Mr. SMITH of Missouri. Madam Speaker, I yield 1\1/2\ minutes to the
good gentleman from California (Mr. McClintock).
Mr. McCLINTOCK. Madam Speaker, the latest estimate for the Democrats'
build back broke bill is $4.9 trillion. That averages about $40,000 per
family over the next decade.
They say it is paid for. Well, by whom?
By you, of course, through direct taxes, tax-driven price increases,
and worst of all, inflation.
And what do you get?
Well, amnesty for 7 million illegal aliens. That is the entire
population of Alaska, Wyoming, Vermont, Rhode Island, Delaware, North
Dakota, South Dakota, and Montana combined.
Now, explain to me how working Americans are helped by flooding the
market with low-wage foreign labor.
The trillions of dollars of excess spending by the Democrats has
already driven the inflation rate to 6.2 percent and rising. Madam
Speaker, that means if you earn $50,000 a year, the Democrats just took
$3,100 of that. If you have managed to put $100,000 towards your
retirement, the Democrats just took $6,200 of that.
Policy matters. When Republicans reduced the tax and regulatory
burdens, we delivered the lowest unemployment rate in 50 years, the
lowest poverty rate in 60 years, and the fastest wage growth in 40
years. The Democrats have reversed these policies and reproduced the
misery that we are suffering today.
The American people know that we are on the wrong track and that this
bill sends us deeper into that cold and bleak winter.
Build back better?
How about put things back the way they were before you broke them,
Madam Speaker.
Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentleman from
California (Mr. Aguilar), who is the vice chair of the Democratic
Caucus.
Mr. AGUILAR. Madam Speaker, I thank the chairman for yielding time.
Sometimes what happens in Congress is complicated. It is wrapped in
parliamentary procedure and language that is hard to understand.
So let's be very clear about the legislation that we are discussing
today. The Build Back Better Act is a tax cut for working families. It
is an extension of the child tax credit and preschool access to help
parents get back to work. It is the largest ever initiative to fight
climate change. It is a tool to give every American a chance to
succeed.
Passing this bill will lift children out of poverty, expand our
middle class, and make healthcare more affordable. It is simple.
Madam Speaker, we need to pass this bill because the American people
deserve this investment.
Mr. SMITH of Missouri. Madam Speaker, I yield 1 minute to the
gentleman from Iowa (Mr. Feenstra).
Mr. FEENSTRA. Madam Speaker, I thank Ranking Member Smith for
yielding.
Madam Speaker, I rise today in strong opposition to this reckless
social spending bill. It is simply wrong that, rather than funding
mandatory programs like Social Security and Medicare--which are on the
verge of insolvency over the next 10 years--Democrats instead are
adding 150 new programs to this bill. Think about that, seniors. Your
money that is coming to you every day is on the verge of bankruptcy,
and yet the Democrats are adding another 150 programs.
Academic economists all over our country are saying that this bill is
a complete disaster for all Americans because it will dramatically
increase taxes. The Penn Wharton Budget Model estimates that the new
programs will dramatically increase the debt by $4 trillion every year.
Families and businesses can't continue to go down this path of
continuing to see increases in our gas, our groceries, and our hardware
supplies all because of this reckless spending that continues to happen
by the Democrats.
Mr. YARMUTH. Madam Speaker, I yield 2 minutes to the gentleman from
New York (Mr. Jeffries), who is the Democratic Caucus chairman and a
distinguished member of the Budget Committee.
Mr. JEFFRIES. Madam Speaker, I thank the distinguished chair of the
Budget Committee for his leadership.
Madam Speaker, there is a big difference between Democrats and
Republicans. We fight for the people; they fight for the privileged
few. We will pass the Build Back Better Act. They passed the GOP tax
scam where 83 percent of the benefits went to the wealthiest 1 percent
so they could subsidize the lifestyles of the rich and shameless. There
is a big difference between Democrats and Republicans.
The Build Back Better Act will invest in the creation of millions of
good-paying jobs and cut taxes for working families. It will lower
childcare costs, housing costs, and education costs; and it will drive
down the high cost of lifesaving prescription drugs.
The Build Back Better Act will invest in a green economy--a
sustainable economy and a resilient economy--and lower energy costs for
everyday Americans.
The Build Back Better Act will create an economy that works for every
single American creating opportunity and prosperity in every single ZIP
Code.
Madam Speaker, I thank President Biden for his extraordinary
leadership. Democrats don't talk about it; we are about it. And because
we are going to build back better for the people here in America, the
best is yet to come.
Mr. SMITH of Missouri. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I would like to read a quote of a Senator who happens
to be the budget chair on the other side of the aisle. He is quoted,
``You can't be a political party that talks about demanding the wealthy
pay their fair share of taxes and then end up with a bill that gives
large tax breaks to many millionaires.
``You can't do that. The hypocrisy is too strong. It's bad policy,
it's bad politics.''
Madam Speaker, I agree with Senator Bernie Sanders. In this bill the
hypocrisy is way too strong.
Madam Speaker, I yield 1 minute to the great gentleman from North
Carolina (Mr. Rouzer).
Mr. ROUZER. Madam Speaker, I thank my friend for yielding.
Madam Speaker, the 2,000-plus-page bill before us today has countless
provisions that are going to substantially increase the debt,
incentivize even more people not to work, and hike the taxes of the
very ones who create the jobs.
It levies more than $400 billion in tax hikes on small businesses,
and it includes a $1.2 trillion Made in America tax plan that is going
to do nothing but send jobs overseas. It spends nearly $80 billion so
the IRS can go after the average taxpayer and snoop around his bank
account. It eliminates work requirements for welfare when, in fact, we
have 10.4 million jobs available.
It prevents lifesaving drugs from coming to market and
disincentivizes the innovation necessary to discover cures. It hinders
domestic energy production and even imposes a tax on natural gas.
Should this monstrosity become law, it will hurt the economy, drive
up the debt, and increase inflation even more--all of which means the
standard of living of each and every American is going to decline.
Mr. YARMUTH. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, virtually every Republican who comes to the microphone
today will say that this is an inflationary bill. We know that. They
have said that time after time after time.
Unfortunately, the experts disagree with them. Seventeen Nobel
economists have written a letter stating that they believe this, over
the long term, will ease inflationary pressures.
Former Treasury Secretary Larry Summers, who is as much of an
inflation hawk as there is in this country, I think, said just last
week, ``I'm for Build Back Better. I'm for it because of what it'll do
for the environment. I'm for it because of what it'll do for the
society.
[[Page H6579]]
``I don't think it's going to have a meaningful impact on inflation.
It spends less money over 10 years than we spent just last year. Its
spending is largely offset by tax increases. And it includes measures
that will actually increase supply.''
This is from the former Secretary of the Treasury, Larry Summers.
Madam Speaker, I yield 1 minute to the gentleman from Michigan (Mr.
Kildee), who is a distinguished member of the Budget Committee.
Mr. KILDEE. Madam Speaker, I thank the chairman for yielding and for
his work on this important piece of legislation.
With the Build Back Better budget, we help lower costs for the
working families that I represent. We lower healthcare costs by
allowing Medicare to negotiate the price of drugs like insulin,
lowering out-of-pocket costs for those families back home that I
represent.
It will lower childcare costs by ensuring universal preschool for all
3- and 4-year-olds and expanding the child tax credit, which is a
monthly tax cut helping working families with children pay for
groceries and school supplies and take care of their monthly mortgage
payments.
This Build Back Better budget isn't free. It is fully paid for. It is
paid for by making corporations and the wealthiest Americans finally
step up and begin to pay their fair share.
Today, Democrats are delivering on this important legislation to cut
taxes and to lower costs for working Americans and for those middle-
class families that I represent.
Mr. SMITH of Missouri. Madam Speaker, only in this Chamber will you
hear people say that if you spend trillions more dollars it will only
make inflation go down. The American people aren't that stupid.
Madam Speaker, I yield 1 minute to the fine gentleman from New York
(Mr. Garbarino).
Mr. GARBARINO. Madam Speaker, I thank my friend for yielding.
Madam Speaker, I rise in strong opposition to this so-called
reconciliation bill. This Build Back Better bill is nothing more than a
sham to push far radical progressive policies on America, policies that
America doesn't want and doesn't need. This will be the largest
spending bill in our Nation's history, the largest tax increase in our
Nation's history, and it is going to fall on the backs of middle-income
and low-income families.
And for what, Madam Speaker?
A massive government takeover with 150 new programs when we can't
even work the programs we have now well. It would grant amnesty to 7
million illegal immigrants and put billions into the Green New Deal.
How do they plan to pay for it, Madam Speaker?
By weaponizing the IRS to go after small businesses and families. But
that won't be enough because of the price tag of this bill.
It will explode our national debt and my grandchildren will have to
pay for this.
This socialist spending spree is a bad bill. It is bad for Long
Island; it is bad for the Nation. I urge all of my colleagues to vote
against it.
{time} 1045
Mr. YARMUTH. Madam Speaker, I yield myself such time as I may
consume.
That is another thing we are going to hear continuously throughout
the day, and that is that these are socialist programs; just as we
heard last week that building infrastructure in this country was a
socialist activity. And now childcare is socialist. Public education is
socialist. Caring for our seniors is socialist. Dealing with climate
change is socialist.
I would like to get a definition from my Republican colleagues about
what socialism is because the American people see this very
differently; and virtually every poll on this piece of legislation has
shown overwhelming support for each the elements that we are proposing.
Madam Speaker, I am proud to yield 1\1/2\ minutes to the gentlewoman
from Texas (Ms. Jackson Lee), a distinguished member of the Budget
Committee.
Ms. JACKSON LEE. Madam Speaker, I thank the chairman for his great
leadership.
This bill is about people; people who are working, people who need
help. It is about people; the American people.
I am very happy that this bill really focuses on the needs of people
in Texas. In Texas, people are paying $9,428 for a toddler, but we are
now going to provide them with childcare for 3- and 4-year olds, and
free childcare. We are going to provide it for 2 million-plus children
in the State of Texas. We are, in essence, going to make sure that
these children are learning.
You want to ask about inflation? That is corporate greed. Everyone
knows when corporations raise the price of goods, there is inflation.
But economists know that that is not going to exist because we are
putting money in the pockets of working men and women, giving them a
child tax cut.
We are also providing students to be able to go to community college,
HBCUs, 4-year colleges with $550 in Pell Grants. That is what this bill
is about, helping people; helping people with their childcare, helping
people go to school.
It is also about making sure that the hungry children in Texas are
able to eat. 1,642,000 students will be able to receive food. That is
what this is about; putting money where people are having the need.
And yes, making sure that uninsured people, 766,000 in Texas without
any insurance, suffering through the pandemic, now have insurance.
And we know that there has been an increase in violence; $2.5 billion
in preventing violence.
This is about people; people who will have housing. It is about
people. Vote for the Build Back Better Act. I thank President Biden.
Madam Speaker, as a senior member of the Committees on the Judiciary,
on Homeland Security, and on the Budget, I rise in strong support of
the Build Back Better Act (RCP 117-18, H.R. 5376), and am proud to have
this opportunity to explain why this $1.75 billion package, conceived
and advanced by President Biden and House Democrats, makes visionary
and transformative investments to change for the better the health,
well-being, and financial security of America's workers and families.
Today we are completing the job we began with the passage of the
Bipartisan Infrastructure Framework, which I witnessed President Biden
sign on the South Lawn of the White House.
To put it all in perspective, Madam Speaker, we have before us a once
in a century opportunity to make gigantic progress in making ours a
more perfect union, and to do it in a single bound with enactment of
the Build Back Better Act, the most transformative legislation passed
by this Congress since the Great Society and the New Deal.
I would urge my Republican colleagues to heed the words of Republican
Governor Jim Justice of West Virginia who said colorfully earlier this
year:
``At this point in time in this nation, we need to go big. We need to
quit counting the egg-sucking legs on the cows and count the cows and
just move. And move forward and move right now.''
The same sentiment was expressed more eloquently by Abraham Lincoln
in 1862 when he memorably wrote:
``The dogmas of the quiet past are inadequate to the stormy present.
The occasion is piled high with difficulty, and we must rise with the
occasion. As our case is new, so we must think anew and act anew. We
must disenthrall ourselves, and then we shall save our country.''
Madam Speaker, I am especially excited to support this bill because
it directly impacts the members of my community and will improve the
lives of Texans everywhere.
The Build Back Better Act will bring down costs that have held back
families in Texas for decades by cutting taxes and making child care,
home care, education, health care, and housing more affordable.
These investments will provide new learning opportunities for
children, help parents, and especially working parents, make ends meet,
and position the economy for stronger growth for years to come.
The Build Back Better Act will create good-paying jobs for residents
of Texas, combating climate change, giving our kids cleaner air and
water, and making America the leader in global innovation and 21st
century manufacturing.
Specifically, Madam Speaker, the Build Back Better Act delivers the
largest investment in child care and early education in history by
providing access to affordable child care.
Child care is a major strain for families in Texas, where the average
annual cost of a child care center for a toddler is $9,428, meaning
that a Texas family with two young children would on average spend 21
percent of their income on child care for one year.
The lack of affordable options also makes it difficult for parents,
and especially mothers, to
[[Page H6580]]
remain in their jobs, contributing to the 26.1 percent gender gap in
workforce participation between mothers and fathers in Texas.
The Build Back Better Act will enable Texas to provide access to
child care for 2,011,503 young children (ages 0-5) per year from
families earning under 2.5 times the Texas median income (about
$205,204 for a family of 4), and ensure these families pay no more than
7 percent of their income on high-quality child care.
The Build Back Better Act will provide universal, high-quality, free
preschool for every 3- and 4-year old in America.
In contrast, today, only 24 percent of the 775,102 3- and 4-year-olds
in Texas have access to publicly-funded preschool, and it costs about
$8,600 per year for those who cannot access a publicly-funded program.
The Build Back Better Act will enable Texas to expand access to free,
high-quality preschool to more than 588,286 additional 3- and 4-year-
olds per year and increase the quality of preschool for children who
are already enrolled.
Parents will be able to send their children to the preschool setting
of their choice--from public schools to child care providers to Head
Start--leading to lifelong educational benefits, allowing more parents
to go back to work, and building a stronger foundation for Texas's
future economic competitiveness.
The Build Back Better Act cuts taxes and reduces some of the largest
expenses for workers and families, like education, health care, and
housing.
Madam Speaker, the average cost of a 2-year degree in Texas is $2,885
per year, and $11,096 per year for a 4-year degree, straining many
student budgets.
To help unlock the opportunities of an education beyond high school,
the Build Back Better Act will increase maximum Pell Grant awards by
$550 for students at public and private non-profit institutions,
supporting the 486,377 students in Texas who rely on Pell grants.
The Build Back Better Act will also invest in Texas's 112 minority-
serving institutions and the students they serve, including
Historically Black Colleges and Universities (HBCUs), Tribal Colleges
and Universities (TCUs), and Hispanic-serving institutions (HSIs).
Madam Speaker, of the world's biggest economies, the United States is
second to last in investing in workforce development, and funding for
federal job training programs has dropped by almost half since 2001.
The Build Back Better Act invests in training programs that will
prepare Texas's workers for high-quality jobs in fast-growing sectors
like public health, child care, manufacturing, IT, and clean energy.
Fifty-nine public community colleges in Texas will have the opportunity
to benefit from grants to develop and deliver innovative training
programs and expand proven ones.
Madam Speaker, 18 percent of children in Texas live in food insecure
households, harming their long-term health and ability to succeed in
school.
The Build Back Better Act will ensure that the nutritional needs of
Texas's children are met by expanding access to free school meals to an
additional 1,642,000 students during the school year and providing
3,631,226 students with resources to purchase food over the summer.
When it comes to housing costs, more than 1.7 million renters in
Texas are rent burdened, meaning they spend more than 30 percent of
their income on rent, while homeownership remains out of reach for many
families.
The Build Back Better Act expands rental assistance for Texas
renters, while also increasing the supply of high-quality housing
through the construction and rehabilitation of over 1 million
affordable housing units nationwide.
The Build Back Better Act addresses the capital needs of the entire
public housing stock in America, and it includes one of the largest
investments in down payment assistance in history, enabling more first-
generation homebuyers to purchase their first home.
Madam Speaker, access to affordable quality health care should be a
right, not a privilege, and residents of Texas facing illness should
never have to worry about how they are going to pay for treatment.
The Build Back Better Act will close the Medicaid coverage gap to
help millions of Americans gain health insurance, extend through 2025
the American Rescue Plan's health insurance premium reductions for
those who buy coverage on their own, and help older Americans access
affordable hearing care by expanding Medicare.
In Texas, that means 1,554,000 uninsured people will gain coverage,
including the 771,000 who fell into the Medicaid coverage gap, and
1,066,400 will on average save hundreds of dollars per year.
In addition, the Build Back Better Act will support maternal health
and invest in national preparedness for future pandemics.
Finally, the Build Back Better Act will expand access to home- and
community-based care to more of Texas's senior citizens and disabled
citizens and improve the quality and wages of caregiving jobs.
Madam Speaker, the federal budget is an expression of the nation's
values and the investments made to Build America Back Better are a
clear declaration of congressional Democrats' commitment to ensuring
that our government, our economy, and our systems work For The People.
These long-overdue investments in America's future will be felt in
every corner of the country and across every sector of American life,
building on the success of the American Rescue Plan, accommodating
historic infrastructure investments in the legislative pipeline, and
addressing longstanding deficits in our communities by ending an era of
chronic underinvestment so we can emerge from our current crises a
stronger, more equitable nation.
Madam Speaker, the bipartisan action we took in February 2021 when we
passed the American Rescue Plan was a giant step in the right
direction, but it was a targeted response to the immediate and urgent
public health and economic crises; it was not a long-term solution to
many of the pressing challenges facing our nation that have built up
over decades of disinvestment in our nation and its people in every
region and sector of the country.
We simply can no longer afford the costs of neglect and inaction; the
time to act is now.
The Build Back Better Act makes the transformative investments that
we need to continue growing our economy, lower costs for working
families, and position the United States as a global leader in
innovation and the jobs of the future.
This $1.75 trillion gross investment will build on the successes of
the American Rescue Plan and set our nation on a path of fiscal
responsibility and broadly shared prosperity for generations to come.
The Build Back Better Act will provide resources to improve our
education, health, and child care systems, invest in clean energy and
sustainability, address the housing crisis, and more; all while setting
America up to compete and win in the decades ahead.
The Build Back Better Act is paid for by ensuring that the wealthy
and big corporations are paying their fair share and Americans making
less than $400,000 a year will not see their taxes increase by a penny.
Let me repeat that: No American making less than $400,000 a year will
not see their taxes increase by a penny.
In sum, Madam Speaker, the investments made by the Build Back Better
Act will expand opportunity for all and build an economy powered by
shared prosperity and inclusive growth, and I would like to go into a
little more detail about the specific ways this bill will help the
people of Texas.
Contrary to what my friends on the other side of the aisle will say,
the Build Back Better Act will cut taxes for Texas families and
workers, not increase them.
Prior to the pandemic, 15 percent of children under the age of 18 in
Texas lived in poverty.
The Build Back Better Act will bolster financial security and spur
economic growth in Texas by reducing taxes on the middle class and
those striving to break into it.
Specifically, the Build Back Better Act extends Child Tax Credit
(CTC) increases of $300/month per child under 6 or $250/month per child
ages 6 to 17, which will continue the largest one-year reduction in
child poverty in history.
And critically, the agreement includes permanent refundability for
the Child Tax Credit, meaning that the neediest families will continue
to receive the full Child Tax Credit over the long-run.
The Build Back Better Act will also provide a tax cut of up to $1,500
in tax cuts for more than 1.5 million low-wage workers in Texas by
extending the American Rescue Plan's Earned Income Tax Credit (EITC)
expansion.
The Build Back Better Act will address the existential threat Texans
face due to climate change by making the largest investment into our
country's green future in American history.
From 2010 to 2020, Texas experienced 67 extreme weather events,
costing up to $200 billion in damages.
The Build Back Better Act will set the United States on course to
meet its climate targets--a 50-52 percent reduction in greenhouse gas
emissions below 2005 levels by 2030--in a way that creates good-paying
union jobs, grows domestic industries, and advances environmental
justice.
The Build Back Better Act represents the largest ever single
investment in a clean energy economy--across buildings, transportation,
industry, electricity, agriculture, and climate smart practices in our
lands and waters.
And the Build Back Better Act will create a new Civilian Climate
Corps that will enlist a diverse generation of Texans in conserving our
public lands, bolstering community resilience, and addressing the
changing climate, all while putting good-paying union jobs within
reach.
In clean energy and in other sectors, the Build Back Better Act will
also strengthen domestic manufacturing and supply chains for
[[Page H6581]]
critical goods, benefiting American businesses, workers, consumers, and
communities.
The Build Back Better Act will deliver meaningful outcomes for Black
communities and help build an America in which all can thrive.
Black families are feeling the strain of the high costs of child care
and are two times more likely than white parents to have to quit, turn
down, or make a major change in their job due to child care
disruptions.
Only 26.8 percent of Black 3- and 4-year old children are enrolled in
publicly-funded preschool, while the average cost of preschool for
those without access to publicly-funded programs is $8,600.
Under the Build Back Better Act, the vast majority of working Black
families of four earning less than $300,000 will pay no more than 7
percent of their income on child care for children under 6.
This will expand access to the 9 out of 10 families with young
children across the country who are working, looking for work,
participating in an education or training program, or taking care of a
serious health condition, and who are making up to 2.5 times their
state's median income.
This means most families will cut their child care spending by more
than half--for example, for two Black parents earning $100,000 per
year, the Build Back Better Act will produce more than $5,000 in annual
child care savings.
The Build Back Better Act also offers access to free preschool for
all 3- and 4-year old children, providing Black parents access to high
quality programs in the setting of their choice--from public schools to
child care providers to Head Start.
The Build Back Better Act will also reduce the cost of home-based
care for the hundreds of thousands of older Black adults and Black
people with disabilities who need it and are unable to access it.
And investment in home care will raise wages for home care workers,
28 percent of whom are Black.
Almost 3.9 million Black people were uninsured in 2019 and even with
the Affordable Care Act's premium subsidies, coverage under the ACA was
too expensive for many families, and over 570,000 Black people fell
into the Medicaid ``coverage gap'' and were locked out of coverage
because their state refused to expand Medicaid.
The Build Back Better Act closes the Medicaid coverage gap while I
also lowering health care costs for those buying coverage through the
ACA by extending the American Rescue Plan's lower premiums, which could
save 360,000 Black people an average of $50 per person per month.
With these changes, more than one in three uninsured Black people
could gain coverage.
The Build Back Better Act also adds hearing coverage, including for
the more than 5.8 million Black people on Medicare.
And, the Build Back Better Act will make an historic investment in
maternal health, including for Black women, who die from complications
related to pregnancy at three times the rate of white women.
Madam Speaker, about 30 percent of Black renters pay over half their
income In rent.
The Build Back Better Act enables the construction, rehabilitation,
and improvement of more than 1 million affordable homes, boosting
housing supply and reducing price pressures for renters and homeowners
and will make investments to improve the safety, energy efficiency, and
quality of existing public housing, where nearly half of residents are
Black.
It also expands the availability of housing choice vouchers to
hundreds of thousands more families, including the nearly half of
current voucher holders who are Black.
The Build Back Better Act will remove lead-based paint from housing
units, which disproportionately affects Black children and provides
grants for resident-led community development projects in neighborhoods
that have faced systemic disinvestment.
The Build Back Better Act will ensure that the nutritional needs of
Black children are met by expanding access to free school meals during
the school year and providing students with resources to purchase food
over the summer.
Madam Speaker, about 22.1 percent of Black people fall below the
poverty line, struggling to pay expenses like food, rent, health care,
and transportation for their families.
The Build Back Better Act extends the Child Tax Credit, providing a
major tax cut to nearly 3 million Black people and cutting the Black
poverty rate by 34.3 percent, which will help the 85 percent of Black
women who are either sole or co-breadwinners for their families.
The Build Back Better Act permanently extends the American Rescue
Plan's increase to the Earned-Income Tax Credit from $543 to $1,502,
which will benefit roughly 2.8 million Black low-wage workers,
including cashiers, cooks, delivery drivers, food preparation workers,
and child care providers.
The Build Back Better Act increases the maximum Pell Grant by $550
per year for students enrolled in public and private, non-profit
colleges and make an historic investment in Historically Black Colleges
and Universities (HBCUs), as well as Tribal Colleges and Universities
(TCUs), and minority-serving institutions (MSIs).
Through high-quality training programs, career and technical
education pathways, and Registered Apprenticeships, President Biden's
Build Back Better Act will invest in training programs that will
prepare millions of Black workers for high-quality jobs in growing
sectors.
The toll of gun violence overwhelmingly falls on Black Americans and
other people of color.
For example, Black men make up 6 percent of the population but
represent more than 50 percent of gun homicide victims.
That's why the Build Back Better Act provides $2.5 billion to support
evidence-based community violence intervention programs shown to reduce
violence.
These programs are effective because they leverage trusted messengers
who work directly with individuals most likely to commit gun violence,
intervene in conflicts, and connect people to social, health and
wellness, and employment services to reduce the likelihood of violence.
Madam Speaker, no one is better prepared or more experienced to lead
the American renaissance that will be produced by the investments made
by the Build Back Better Act than President Biden, the architect of the
American Rescue Plan and who as Vice President during the Obama
Administration oversaw the implementation of the Recovery Act, which
saved millions of jobs and rescued our economy from the Great Recession
the nation inherited from a previous Republican administration.
And let us not forget that President Obama also placed his confidence
in his vice president to oversee the rescue of the automotive industry,
which he did so well that the American car industry fully recovered its
status as the world leader.
Madam Speaker, let me briefly highlight some of the key investments
made by the transformative Build Back Better Act that benefit all
Americans.
The Build Back Better Act will provide two years of free pre-K and
two years of free community college to ensure every student has the
tools, resources, and opportunity to succeed in life.
It will also invest in our teachers and institutions that serve
minority students and provide funding to give school buildings long-
overdue infrastructure updates.
People lead happier, healthier, and more productive lives when they
have had access to high-quality education and that is why the Build
Back Better Act makes necessary investments to increase quality
education by four years for all students at no cost to hard-working
families.
The Build Back Better Act expands access to affordable, high quality
education beyond high school, which is increasingly important for
economic growth and competitiveness in the 21st century.
Specifically, the Build Back Better Act will increase the maximum
Pell Grant by $550 for more the more than 5 million students enrolled
in public and private, non-profit colleges and expand access to
DREAMers.
It will also make historic investments in Historically Black Colleges
and Universities (HBCUs), Tribal Colleges and Universities (TCUs), and
minority-serving institutions (MSIs) to build capacity, modernize
research infrastructure, and provide financial aid to low-income
students.
The Build Back Better Act will help more people access quality
training that leads to good, union, and middle-class jobs and will
enable community colleges to train hundreds of thousands of students,
create sector-based training opportunity with in-demand training for at
least hundreds of thousands of workers, and invest in proven approaches
like Registered Apprenticeships and programs to support underserved
communities.
The Build Back Better Act will increase the Labor Department's annual
spending on workforce development by 50 percent for each of the next 5
years.
The Build Back Better Act expands access to quality, affordable
health care by strengthening the Medicare, Medicaid, and Affordable
Care Act (ACA) Marketplace programs that millions of Americans already
rely on.
It includes a major new expansion of Medicare benefits, adding a
hearing benefit to the program for the very first time.
Only 30 percent of seniors over the age of 70 who could benefit from
hearing aids have ever used them.
The Build Back Better Act strengthens the Affordable Care Act and
reduces premiums for 9 million Americans who buy insurance through the
Affordable Care Act Marketplace by an average of $600 per person per
year.
Just for example, a family of four earning $80,000 per year would
save nearly $3,000
[[Page H6582]]
per year (or $246 per month) on health insurance premiums and experts
predict that more than 3 million people who would otherwise be
uninsured will gain health. insurance.
The Build Back Better Act closes the Medicaid coverage gap, leading 4
million uninsured people to gain coverage.
The Build Back Better Act will deliver health care coverage through
Affordable Care Act premium tax credits to up to 4 million uninsured
people in states that have locked them out of Medicaid.
A 40-year old in the coverage gap would have to pay $450 per month
for benchmark coverage--more than half of their income in many cases
but thanks to the Build Back Better Act individuals would pay $0
premiums, finally making health care affordable and accessible.
The Build Back Better Act strengthens the ACA by extending the
enhanced Marketplace subsidies that were included in the American
Rescue Plan.
It also provides an affordable coverage option for the more than two
million Americans living in states that have not expanded Medicaid
under the ACA and do not earn enough to qualify for Marketplace
subsidies.
When the Build Back Better Act is fully implemented, soon gone will
be the terrible old days when too many Americans are forced to choose
between medical care and putting food on the table or affording other
necessities.
Madam Speaker, approximately 3.9 million Black people were uninsured
in 2019 before President Biden took office and even with the Affordable
Care Act's premium subsidies, coverage under the ACA was too expensive
for many families, and over 570,000 Black people fell into the Medicaid
``coverage gap'' and were locked out of coverage because their state
refused to expand Medicaid.
Madam Speaker, nearly 1 in 4 Americans struggle to afford
prescription drugs but Medicare is currently prohibited from
negotiating prescription drug prices to get the best deal for American
seniors.
That changes with the historic Build Back Better Act, which
authorizes Medicare negotiation of drug prices for high-cost
prescription drugs, including drugs seniors get at the pharmacy counter
(through Medicare Part D), and drugs that are administered in a
doctor's office (through Medicare Part B).
Under the Build Back Better Act, drugs become eligible for
negotiation once they have been on the market for a fixed number of
years (9 years for small molecule drugs and 12 years for biologics) and
Medicare will negotiate up to 10 drugs per year during 2023, increasing
to up to 20 drugs per year.
The Build Back Better Act imposes a tax penalty if drug companies
increase their prices faster than inflation, which should end the
shameful days where drug companies could raise their prices with
impunity.
Perhaps most important, the Build Back Better Act directly lower out-
of-pocket costs for seniors by capping the amount seniors pay for their
drugs under Medicare Part D at $2,000, a substantial reduction from the
more than $6,000 that seniors pay today on average.
The Build Back Better Act will also lower insulin prices so that no
American with diabetes pays more than $35 per month for needed insulin.
Madam Speaker, the cost of preschool in the United States exceeds
$8,600 per year on average, and for as long as we can remember, child
care prices in the United States have risen faster than family incomes,
yet the United States still invests 28 times less than its competitors
on helping families afford high-quality care for toddlers.
The Build Back Better Act supports families in need of child care by
providing access to safe, reliable, and high-quality care delivered by
a well-trained child care workforce.
The Build Back Better Act will provide universal and free preschool
for all 3- and 4-year-olds.
This is the largest expansion of universal and free education since
states and communities across the country established public high
school 100 years ago.
This is important because our nation is strongest when everyone can
join the workforce and contribute to the economy.
That is why this investment is vital to so many millions of--
especially women--who are often forced to choose between working to
support their family or caring for their family.
The Build Back Better Act will ensure that the vast majority of
working American families of four earning less than $300,000 per year
will pay no more than 7 percent of their income on child care for
children under 6.
Under the Build Back Better Act, parents who are working, looking for
work, participating in an education or training program, and who are
making under 2.5 times their states median income will receive support
to cover the cost of quality care based on a sliding scale, capped at 7
percent of their income.
The Build Back Better Act will help states expand access to high
quality, affordable child care to about 20 million children per year--
covering 9 out of 10 families across the country with young children.
For two parents with one toddler earning $100,000 per year, the Build
Back Better Act will produce more than $5,000 in child care savings per
year.
In addition, the Build Back Better Act promotes nutrition security to
support children's health and help children reach their full potential
by investing in nutrition security year-round.
The legislation will expand free school meals to 8.7 million children
during the school year and provide a $65 per child per month benefit to
the families of 29 million children to purchase food during the summer.
The Build Back Better Act will deliver affordable, high-quality care
for older Americans and people with disabilities in their homes, while
supporting the workers who provide this care.
Right now, there are hundreds of thousands of older Americans and
Americans with disabilities on waiting lists for home care services or
struggling to afford the care they need, including more than 800,000
who are on state Medicaid waiting lists.
A family paying for home care costs out of pocket currently pays
around $5,800 per year for just four hours of home care per week.
The Build Back Better Act will permanently improve Medicaid coverage
for home care services for seniors and people with disabilities, making
the most transformative investment in access to home care in 40 years,
when these services were first authorized for Medicaid.
The Build Back Better Act will improve the quality of caregiving
jobs, which will, in turn, help to improve the quality of care provided
to beneficiaries.
In the area of housing, the Build Back Better Act makes investments
to ensure that Americans have access to safe and affordable housing by
providing resources to increase housing vouchers and funding for tribal
housing.
It also supports investments in programs that will help address our
nation's housing crisis by increasing the supply of affordable homes
for those in need and investing in historically underserved communities
and those that have been previously left behind.
Specifically, the Build Back Better Act makes the single largest and
most comprehensive investment in affordable housing in history and will
enable the construction, rehabilitation, and improvement of more than 1
million affordable homes, boosting housing supply and reducing price
pressures for renters and homeowners.
It will address the capital needs of the public housing stock in big
cities and rural communities all across America and ensure it is not
only safe and habitable but healthier and more energy efficient as
well.
It will make a historic investment in rental assistance, expanding
vouchers to hundreds of thousands of additional families.
And, perhaps even more importantly, the Build Back Better Act
includes one of the largest investments in down payment assistance in
history, enabling hundreds of thousands of first-generation home buyers
to purchase their first home and build wealth.
In short, Madam Speaker, this legislation will create more equitable
communities, through investing in community-led redevelopments projects
in historically under-resourced neighborhoods and removing lead paint
from hundreds of thousands of homes, as well as by incentivizing state
and local zoning reforms that enable more families to reside in higher
opportunity neighborhoods.
The Build Back Better Act will spur and empower comprehensive action
to build an equitable clean energy economy with historic investments to
transform and modernize the electricity sector, lower energy costs for
[[Page H6583]]
Americans, improve air quality and public health, create good-paying
jobs, and strengthen U.S. competitiveness--all while putting our
country on the pathway to 100 percent carbon-free electricity by 2035.
The Build Back Better Act extends and expands clean energy tax
credits and supports clean electricity performance payments so
utilities can accelerate progress toward a clean electric grid at no
added cost to consumers.
The Build Back Better Act invests in clean energy, efficiency,
electrification, and climate justice through grants, consumer rebates,
and federal procurement of clean power and sustainable materials, and
by incentivizing private sector development and investment.
Another exciting aspect of the Build Back Better Act, Madam Speaker,
is that it will drive economic opportunities, environmental
conservation, and climate resilience--especially in underserved and
disadvantaged communities--including through a new Civilian Climate
Corps.
Madam Speaker, the Build Back Better Act includes a $100 billion
investment to reform our broken immigration system--and does it
consistent with the Senate's reconciliation rules--as well as to reduce
backlogs, expand legal representation, and make the asylum system and
border processing more efficient and humane.
Madam Speaker, immigrants eligible for such protection are an
integral part of Texas's social fabric.
Texas is home to 386,300 immigrants who are eligible for protection,
112,000 of whom reside in Harris County.
These individuals live with 845,300 family members and among those
family members, 178,700 are U.S.-born citizen children.
These persons in Texas who are eligible for protection under the bill
arrived in the United States at the average age of 8 and on average
have lived in the United States since 1996.
They own 43,500 homes in Texas and pay $340,500,000 in annual
mortgage payments and contribute $2,234,800,000 in federal taxes and
$1,265,200,000 in state and local taxes each year.
Annually, these households generate $10,519,000,000 in spending power
in Texas and help power the national economy.
The expansion of the Child Tax Credit (CTC) enacted in the American
Rescue Plan has already benefited nearly 66 million children, put money
in the pockets of millions of hard-working parents and guardians, and
is expected to help cut child poverty by more than half.
The Build Back Better Act not only extends this meaningful tax cut,
but it also extends the expanded Earned Income Tax Credit (EITC) and
the expanded Child and Dependent Care Tax Credit, which help families
make ends meet and put food on the table, reduce child poverty, and
lessen the burden on hard-working Americans so they can provide a
better future for America's children.
Madam Speaker, I urge all Members to join me in voting to pass H.R.
5376, the transformative, life-changing Build Back Better Act.
Mr. SMITH of Missouri. Madam Speaker, as the gentlewoman from Texas
says, this helps a lot of people, especially if you are a millionaire.
That is why it is the second largest provision in this bill. It is tax
breaks for millionaires.
In fact, Senator Tester from Montana is quoted, he is ``not a big fan
because I think it gives tax breaks to the wrong people: rich people.''
That is a Democrat Senator from Montana.
Madam Speaker, I yield 1 minute to the fine gentleman from New York
(Mr. Jacobs).
Mr. JACOBS of New York. Madam Speaker, Democrats claim their bill
will cost $1.7 trillion. That number, by itself, should cause alarm.
But this number is reached through budget gimmicks.
If Democrats succeed in making the provisions of this bill permanent,
as they have publicly said they intend to do, then the cost will be
much, much higher.
The Penn-Wharton Budget Model estimates total spending for this bill
would be $4.6 trillion over 10 years if the provisions are made
permanent. The Committee for a Responsible Budget estimates the cost at
$4.9 trillion.
If Democrats are going to spend this kind of money, they should at
least be honest about the true cost to the American people. I urge my
colleagues to reject this reckless spending.
Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentleman from
New York (Mr. Morelle), a distinguished member of the Budget Committee.
Mr. MORELLE. Madam Speaker, the Build Back Better Act is an historic
opportunity to reduce our Nation's healthcare costs, increase access to
childcare, support working families, and strengthen our economy.
One item I would like to highlight is a provision to boost regional
innovation. Since the 116th Congress, I have proudly sponsored the
Innovation Centers Acceleration Act, legislation that would invest
significant Federal dollars in our Nation's innovation efforts.
Federal R&D as a percentage of GDP has fallen considerably since the
mid-1960s, harming our productivity and global competitiveness, while
opening the door for China to lead the world in innovation.
I am incredibly proud that this bill includes $3.36 billion to create
the regional innovation clusters envisioned in my proposal. Not only
will this investment enhance our ability to be competitive, but it will
create jobs at a time when they are needed the most.
I encourage my colleagues to join me in proudly supporting and
advancing this historic legislation, and I look forward to its passage.
Mr. SMITH of Missouri. Madam Speaker, I appreciate the comments of
the gentleman from New York, but I would just like to point out, in his
home State, a family of four with two children under six, in just over
a year, will face more than a $3,200 tax increase. But yet, a
millionaire in his State, for the next 10 years, will receive a tax
break of over $25,000 a year.
Madam Speaker, I am happy to yield 1\1/2\ minutes to the fine
gentleman from Georgia (Mr. Carter).
Mr. CARTER of Georgia. Madam Speaker, I thank the gentleman for
yielding. I thank him for his leadership. It is extremely important.
Madam Speaker, I rise today in adamant opposition to what is a
disastrous package. Disastrous. This very well may be one of the most
consequential votes any of us, any of us have ever taken on this House
floor.
Yet, it has never, never gone through the proper process. It never
received the proper consideration this body demands of any piece of
legislation, the least of which would be one of the most consequential
pieces of legislation that we have ever considered.
I am sure most Members, on both sides of the aisle, do not fully know
what is actually in this bill. Has anybody, has any Member actually
read this bill? Anybody?
My colleagues across the aisle are attempting to pass the most
expensive bill, the most expensive bill, not by a little bit, by a lot.
It is, yes, it is the most expensive bill by a lot that has ever been
passed in American history. It has the largest tax increase ever
considered and the biggest expansion of government in a generation; all
while they have the slimmest of majorities. This is not a mandate.
Look, what is going on? Look, what is happening here? The American
people are rejecting this. You saw what happened in Virginia. You see
what is happening now.
We have got all these things going on.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SMITH of Missouri. Madam Speaker, I yield an additional 30
seconds to the gentleman from Georgia.
Mr. CARTER of Georgia. Americans are told that they shouldn't have a
say in their children's education. They watched as Americans were
abandoned behind enemy lines in Afghanistan. They see the crisis at our
border. They go to the gas station; they see an increase in gasoline
prices. They see increases at the grocery store. This legislation makes
it worse. This legislation pours fuel on the fire.
Madam Speaker, I sincerely urge all of my colleagues to oppose this
misguided and profoundly consequential bill.
Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from
Minnesota (Ms. Craig), a distinguished member of the Agriculture
Committee.
[[Page H6584]]
Ms. CRAIG. Madam Speaker, the Build Back Better Act follows through
on our commitment to expand access to and lower the cost of healthcare
for Americans across this country and back home in Minnesota.
Included in this bill are the most far-reaching and impactful
prescription drug reforms to pass this Congress in my lifetime. Not
only will Medicare have the power to negotiate the prices of critical
drugs for America's seniors, we are installing annual caps for Medicare
recipients, capping the cost of insulin at $35 a month.
We have designed a package that would lower out-of-pocket healthcare
costs for hardworking Americans by strengthening the ACA, extending the
premium tax credits for millions of families nationwide.
This is our chance to make good on our promise to deliver a real,
immediate impact that will lower the cost of healthcare to make it more
affordable, more accessible for every person across this country.
I, for one, could not be more proud, and I encourage my colleagues to
get this done.
Mr. SMITH of Missouri. Madam Speaker, I yield 1\1/2\ minutes to the
gentlewoman from the great State of North Carolina (Ms. Foxx).
Ms. FOXX. Madam Speaker, I thank the gentleman for yielding.
Democrats' spending bill is not about building back better, it is
about building up a bureaucracy that will expand the reach of the
Federal Government, especially over education.
This bill will impose Federal control over pre-K, limit parental
choice, increase the cost of childcare, punish job creators, reward
far-left special interests, and deepen our debt crisis.
This bill recklessly sets aside $400 billion for universal pre-K and
childcare but, in reality, there is no telling how much this provision
will cost the American people. Subsidizing the childcare of wealthy
families isn't building back better, it is building back bankrupt.
This legislation is wrong for our country and wrong for our children.
Education is best when run locally and when parents are involved.
The bill also includes dangerous provisions from the PRO Union Bosses
Act, which kneecap business owners while putting a target on job
creators' backs with outrageously inflated Labor Department fines.
Democrats keep saying this legislation is transformational. Well, let
me tell them something: The American people do not want this country to
be transformed in the way they want to transform it.
It is time to make protecting the future of this Nation, our
children, a priority, not empowering teachers unions, burdening job
creators, or centralizing control in the hands of unelected,
unaccountable Washington bureaucrats.
Mr. YARMUTH. Madam Speaker, I am happy to yield 1 minute to the
gentlewoman from California (Ms. Chu), a distinguished member of the
Budget Committee.
Ms. CHU. Madam Speaker, I rise today in strong support of the
transformational Build Back Better Act and the investments it will make
in our economy to help working families in our country.
I am proud that, after months of compromise and negotiation, we have
a bill today that is certain to make a difference in the lives of so
many, while growing our economy and confronting the climate crisis.
By extending the child tax cut, making childcare affordable, and
lowering drug prices, we are giving families more money in their
pockets. We are also ensuring 4 weeks of paid leave for all workers so
that nobody has to lose their job in order to take care of themselves
or loved ones; something so many families have struggled with this
pandemic.
And all these investments are completely paid for by ensuring that
billionaires and corporations pay their fair share. Those who get rich
off the backs of working families need to pay their fair share and
support them.
Mr. SMITH of Missouri. Madam Speaker, I am happy to yield 2 minutes
to the gentlewoman from Colorado (Mrs. Boebert). She is someone who is
a warrior, a fighter for conservatism and, apparently, even the Budget
chairman is threatened by her.
Mrs. BOEBERT. Madam Speaker, I thank my friend, the ranking member on
the Budget Committee, who has done an excellent job exposing these
terrible schemes to the American people this Congress.
Madam Speaker, America does not need and cannot afford this junk.
America doesn't need 80,000 new IRS agents snooping in our private
transactions. These are politically weaponized bureaucrat bullies that
we are looking to hire more of.
America cannot afford $1.5 trillion in new taxes, while Federal
bureaucrats haul off and spend $4.1 billion on electric bicycles.
{time} 1100
Do they realize that this will use more fossil fuels, more petroleum
products, to create electric bicycles than conventional bicycles? I
don't think so. I think they have lost their ever-loving minds.
It includes $7.8 billion for environmental justice going toward woke
universities; $100 billion for amnesty workarounds, as our southern
border is completely invaded by nearly 2 million illegal aliens, many
of them criminal aliens. There is $55 billion for Green New Deal
policies and tax breaks so congressional Members from the Bronx can
afford a new Tesla.
Biden's broke back budget has another $330 billion to incentivize
workers to stay home. News flash to the party of wealthy cities and
wealthy elites: We have a worker shortage right now in America. We have
an inflation crisis. This will only make things worse, much worse, not
better.
But let me guess. When things do get worse, as they inevitably will,
we will need to reelect you-all's sorry selves so you can fix it,
right? No thanks. I will pass. I urge my colleagues to vote ``no'' on
this monstrosity of a spending bill.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Doggett), a distinguished member of the Budget Committee.
Mr. DOGGETT. Madam Speaker, this bill offers childcare; educational
opportunities from pre-K to post-grad; and the first belated,
substantial response to the climate crisis. My top healthcare priority
is providing assistance to 2 million Texans out of 6 million Americans
who were denied healthcare by sorry Republican Governors. Families left
out and left behind can finally see a family physician. From my bill to
strengthen Medicare, we at least cover hearing care, which is important
to reducing depression and dementia.
Had we overcome Big Pharma's stranglehold over this Congress, we
could have delivered much more. Savings from meaningful drug price
negotiations could have financed vision and dental. Without further
Biden administration action though, most Americans will still be
victims of prescription price gouging.
While so much remains to be done, this historic legislation offers
real hope and opportunity, reducing inequities and lifting up those too
often forgotten.
Mr. SMITH of Missouri. Madam Speaker, I yield 1\1/2\ minutes to the
gentleman from Wisconsin (Mr. Grothman).
Mr. GROTHMAN. Madam Speaker, I think I can find something I agree
with my Democrat colleagues on. This bill is a transformational bill.
It is a bill made up by people who think America is fundamentally
broken and that we have to make big changes. That is what we are going
to get.
I will focus quickly on five areas.
One, illegal immigration. Under this bill, we are adding no new
Border Patrol agents, but we are making it more difficult to deport
people who have committed serious crimes here. We are using an
additional carrot to get people here in that we are giving away free
college to match the free healthcare we are already giving.
One way that this bill would transform America is you get a lot more
illegal immigrants. Since yesterday, for the first time, we topped
100,000 illegal drug deaths in this country. I think this bill ensures
that number is going to continue to go up. That is an undersold story.
Secondly, I have always felt the biggest problem in America right now
is an out-of-control welfare system that
[[Page H6585]]
destroys families. That system becomes more generous in this bill, be
it through much more low-income housing or an earned income tax credit
provision that increases the marriage penalty or Pell grants.
This is a transformative bill, and I strongly wish my colleagues
would vote against it.
Mr. YARMUTH. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman
from California (Ms. Waters), the distinguished chair of the Financial
Services Committee.
Ms. WATERS. Madam Speaker, I rise in support of the Build Back Better
Act, which will make historic investments across the country.
We are in the middle of a housing crisis, and I have worked hard for
funding to assist this crisis that we have in housing. As chairwoman of
the Financial Services Committee, I have considered this my
responsibility.
It is not lost on me that more than 580,000 people experience
homelessness on any given night, and millions of families are at this
very moment sacrificing their next meal to pay the rent. Many more have
been kept out of their dream of homeownership.
With more than $151 billion for housing in this bill, Democrats are
helping families achieve housing stability and housing affordability.
Housing is infrastructure. The Build Back Better Act provides the
largest investment in America's housing infrastructure in history. This
investment is critical to creating a fair and equitable Nation where
everyone can thrive.
As this bill goes to the Senate, in it we have $10 billion for first-
generation home buyers; we have $25 billion in Section 8 rental
assistance; we have $25 billion in the HOME program, CDBG, and the
housing trust fund to build more affordable units.
So I would ask for support of this very significant legislation. It
is indeed a game-changer. I urge my colleagues to vote ``yes'' on the
Build Back Better Act.
Mr. SMITH of Missouri. Madam Speaker, as the gentlewoman from
California said, there is $150 billion in this program for housing
assistance. What is unfortunate, which she didn't share, is that it
also allows felons of domestic violence to get those grants, which is
unacceptable.
Madam Speaker, I yield 1 minute to the gentleman from Virginia (Mr.
Cline).
Mr. CLINE. Madam Speaker, inflation rates are at a 30-year high, and
gas prices are up 61 percent since last year. Why? Well, according to
Joe Biden, it is because of the American Rescue Plan that this body
passed in the spring. No less than the President himself said:
You got checks, but what happens if there is nothing to buy
and you got more money to compete for goods? It creates a
real problem.
Yes, Mr. President, it does create a real problem, and now you are
trying to double down with this broke back better bill.
What does it do? It further harms the economy with $4.5 trillion in
new spending, $1.5 trillion in new taxes, and $3 trillion in new debt.
It benefits the wealthy with a SALT tax cut of $25,000 for
millionaires, electric vehicle subsidies for couples making $500,000 a
year, and government-funded paid leave for millionaires. It builds the
bureaucracy with 150 new government programs, props up the Green New
Deal, and weaponizes the IRS.
Madam Speaker, this is the wrong plan for the American people, and I
urge my colleagues to vote ``no.''
Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from
Washington (Ms. Jayapal), a distinguished member of the Budget
Committee.
Ms. JAYAPAL. Madam Speaker, this is an incredible day. The House will
pass the Build Back Better Act, President Biden's popular and necessary
agenda, and say to Americans everywhere: We have got your back.
Today, we say to families everywhere that we will cut your childcare
costs in half and provide universal pre-K to 3- and 4-year-olds.
Today, we are finally going to take on Big Pharma, cut the cost of
prescription drugs, and make sure that people can afford the cost of
insulin.
This bill makes the biggest Federal investment in housing in our
history and allows America to truly lead on taking on climate change,
with half a trillion dollars of investment and 40 percent of those
funds going to communities that are most disproportionately burdened by
the effects of climate change.
For the first time in 35 years, we say to immigrants: You are truly
essential, not expendable. We will protect Dreamers, TPS holders,
essential workers, and farmworkers.
I thank President Biden for his leadership. We will provide
transformative change for people across America and invest in our
competitiveness; our thriving, not surviving; and our humanity.
Mr. SMITH of Missouri. Madam Speaker, I yield myself such time as I
may consume.
I would like to read a quote from the Democrat Congressman from
Maine, talking about the huge tax break for the millionaires. He says:
``The fact that more people and organizations on the Democratic side
aren't up in arms about this is wild.''
I am surprised with a lot of my colleagues on the other side who want
to help working-class Americans, who instead are going to be supporting
a bill that helps wealthy Americans.
Madam Speaker, I yield 1\1/2\ minutes to the gentleman from Virginia
(Mr. Good).
Mr. GOOD of Virginia. Madam Speaker, the voters of Virginia sent a
message 2 weeks ago because they were scared to death of the
continuation of these radical Biden policies, the radical policies of
Governor Northam in Virginia, scared to death of the continuation of
that that was represented by the potential election of Terry McAuliffe.
Did the Democrat majority hear that message? No.
When this phony infrastructure bill is implemented, that was passed 2
weeks ago, we will have $30 trillion in debt, which equates to $90,000
per American.
For my friends across the aisle, who are economically illiterate and
not good at math, the $30 trillion worth of debt is a 3 with 13 zeros.
Please don't tell them what comes after a trillion.
But it is not just the spending of this $2 trillion to $4 trillion.
They don't even know what it will cost because we don't have a score.
It is 150 new programs. It is growing the welfare state. It is trying
to get more people dependent on the Democrats for their sustenance,
separating work from income, massive amnesty for tens of millions of
illegal aliens in our country, and hundreds of billions of dollars for
the Green New Deal.
This is the Bernie-AOC budget forcing us into electric vehicles. It
will massively increase utility, gas, and fuel prices. It will
massively increase inflation, as we continue to have too many dollars
facing too few supplies, too few goods, too few services, as a result
of their policies.
But they are tone-deaf economically. They want to bankrupt the future
of our country with this massive, continued spending. It is bad for
America, and everyone should vote ``no.''
Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from
New York (Ms. Velazquez), the distinguished chair of the Small Business
Committee.
Ms. VELAZQUEZ. Madam Speaker, I rise in strong support of this
legislation because working families deserve a government that will
make their lives better.
First off, to build back better, we must invest in our Nation's
entrepreneurs, and that is exactly what this bill does. It will make a
$5 billion investment in SBA programs that go beyond recovery and
provide transformative, long-term solutions and economic stimulus. It
will create millions of new jobs on top of the millions already added
under the Biden administration.
This legislation also includes the largest single, one-time
investment ever made to HUD's public housing capital fund. It will go a
long way to clearing the backlog of repairs around the country.
This bill also creates universal pre-K, extends the child tax credit,
and finally mandates paid parental leave.
On climate, we are including a focus on environmental justice and
frontline communities like those I represent.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. YARMUTH. Madam Speaker, I yield an additional 30 seconds to the
gentlewoman from New York.
[[Page H6586]]
Mr. VELAZQUEZ. Madam Speaker, here is what I can guarantee. Because
of this bill, millions of working families will see their lives
improved by a Federal Government that we are showing today has their
back.
While this is not the end of the fight, it is what progress looks
like. That is why I am proud to vote ``yes.''
Mr. SMITH of Missouri. Madam Speaker, I yield 2 minutes to the
gentleman from California (Mr. Obernolte).
Mr. OBERNOLTE. Madam Speaker, 2 weeks ago, I led over 200 Members of
this House in sending a letter to the Speaker, urging that we do not
vote on this bill until the CBO had issued a cost score for this bill.
Yet, here we are, debating what is likely the largest spending package
in the history of this country, paired with the largest tax increase in
the history of this country. I say ``likely'' because we really don't
know what the bill will cost. Apparently, we are supposed to pass the
bill before we are allowed to know what it costs.
Madam Speaker, that is crazy. Here is why that matters. Our national
debt right now stands at about $29 trillion. Although we don't have a
CBO score on this bill, what we do have is an analysis by the Wharton
School at the University of Pennsylvania which says that this bill
would add $300 billion to that debt, at least, and that is if all the
programs in this bill sunset on time, which we know is not going to
happen. Further, the analysis says if they don't sunset, this bill
could add $2.5 trillion to our national debt.
Madam Speaker, here is the real tragedy: We run about a $2 trillion
deficit this year, and even in a good year it will be over a trillion
dollars. The tax increases alone in this bill would almost get us to
balancing the Federal budget, which would allow us to avoid leaving a
legacy of debt to our children and our grandchildren.
Madam Speaker, this bill is bad for our country, and it is bad for
our economy. I urge a ``no'' vote.
{time} 1115
Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from
New Mexico (Ms. Leger Fernandez), a distinguished member of the
Education and Labor Committee.
Ms. LEGER FERNANDEZ. Madam Speaker, our communities should not have
to choose between paying their medical bills or paying for groceries.
Parents want to go to work knowing that their kids are being taken care
of, that their kids are learning, because when kids are learning,
parents are earning.
Families want to know that their kids and grandkids will inherit this
beautiful place we call home, this planet, still beautiful. They want
the Build Back Better Act because it delivers those opportunities.
So many Americans, especially our Latino and Native-American
communities, suffer from diabetes. With Build Back Better, no one will
have to pay more than $35 a month for insulin. This is lifesaving. Big
Pharma shouldn't make excessive profits off the pain of Americans.
We are delivering for Americans, and it is fully paid for by taxing
the rich and big corporations. I urge my colleagues to deliver Build
Back Better ``for the people,'' para la gente, for our hardworking
immigrants, for all of our communities.
Mr. SMITH of Missouri. Madam Speaker, I include in the Record a
document from the Committee for a Responsible Federal Budget that shows
the true cost of the bill is over $4 trillion.
[From the Committee for a Responsible Federal Budget, Nov. 5, 2021]
House Build Back Better Bills Are Built on Shaky Foundation
The House is slated to vote today on two parts of the
President's Build Back Better agenda--the bipartisan
infrastructure bill (https://www.crfb.org/blogs/
infrastructure-plan-will-add-400-billion-deficit-cbo-finds)
and a reconciliation bill addressing climate change, child
care, health care. and other priorities.
The following is a statement from Maya MacGuineas,
president of the Committee for a Responsible Federal Budget:
A fiscally responsible Build Back Better agenda should be
fully paid for, gimmick-free, well-targeted based on the
country's needs, and enacted in the context of a broader
budget. While policymakers should be commended for their
efforts to scale back costs and include real offsets, these
bills still fall far short of those goals.
While President Biden and Members of Congress pledged their
agenda would not add to the debt, it is likely that both
bills would increase the deficit based on official estimates.
The bipartisan infrastructure bill--negotiated by Democrats
and Republicans--will add roughly $400 billion (https://
www.crfb.org/blogs/infrastructure-plan-will-add-400-billion-
deficit-cbo-finds) to the debt over the next decade. While we
still don't know the true fiscal impact of the reconciliation
legislation, it is likely that it will add modestly to the
deficit as well. No one should vote for this bill prior to
seeing a CBO score.
The bills are also riddled with gimmicks. The bipartisan
infrastructure bill claims it is fully paid for by taking
credit for saving (https://www.crfb.org/blogs/whats-
bipartisan-infrastructure-investment-and-jobs-act) that had
nothing to do with the bill itself. The reconciliation bill
keeps its official cost down through arbitrary expirations--
the Child Tax Credit and Earned Income Tax Credit expansions
after one year, Affordable Care Act expansions after 3 and 4
years, and child care and pre-K after six years. If these and
other sunset policies are extended without offsets, it would
cost an additional $2 to $2.5 trillion through the end of the
decade.
And then there's the last-minute addition of a SALT cap
increase, which will deliver a huge tax cut to very high
earners (https://www.crfb.org/blogs/72500-salt-cap-costly-
and-regressive) at a cost of nearly $300 billion over the
first five years. The proposed SALT cap increase would cost
more than the bill's Child Tax Credit, health coverage
expansions, housing initiatives, or education funding, and
roughly 98 percent of the benefit would go to those making
six figures. This is egregious in light of the objectives of
the bill. This tax cut would be offset on paper with a
sleight of hand where policymakers extend the SALT cap beyond
2026 but leave other accompanying parts of the TCJA for
future lawmakers to extend.
All of this is being considered in the context of near-
record levels of debt, trust funds years away from
insolvency, and an unsustainable fiscal situation that few in
either party are even trying to address. Given the current
budget outlook, we should ideally be pursuing long-term
deficit reduction, rather than limiting deficit increases.
And we should be doing it in the context of an actual
detailed budget for the nation.
Washington's credibility is on the line, and we need to get
this right. Rather than rush through irresponsible
legislation before it has even been scored, the House should
fix the flaws in the current bills to ensure the Build Back
Better agenda--both reconciliation and infrastructure--is
honestly accounted for and truly paid for.
Mr. SMITH of Missouri. Madam Speaker, I reserve the balance of my
time.
Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from
Illinois (Ms. Schakowsky), a distinguished member of the Budget
Committee.
Ms. SCHAKOWSKY. Madam Speaker, I stand today and rise in the
strongest support for the Build Back Better Act, the most
transformational investment in everyday Americans in generations.
I rise in support of the largest effort to combat climate change in
American history.
I rise in support of the largest expansion of affordable health
coverage for Americans as well as the highest investment in housing.
I rise in support of women, who will be able to go back to work
because they will have childcare, and their children will be able to
have universal preschool.
I rise in support of the American people and seniors, who have been
waiting for too long for more home care, and the workers will be able
to see an increase in wages for caregiving.
I am so proud to stand today for the American people, the middle
class, who have been waiting so long for finally getting to see the
Build Back Better Act.
Mr. SMITH of Missouri. Madam Speaker, I appreciate the gentlewoman
from Illinois, and I remind her that government spending is already
helping fuel an inflation fire that is on pace to raise prices at the
fastest rate in 40 years. In her home State of Illinois, food prices
currently are up 8 percent, clothing is up 9 percent, and gasoline
prices are up 62 percent.
Madam Speaker, I reserve the balance of my time.
Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from
Virginia (Ms. Wexton), a distinguished member of the Budget Committee.
Ms. WEXTON. Madam Speaker, I rise today in strong support of the
Build Back Better Act to deliver on the promises we have made to the
American people.
[[Page H6587]]
This bill is about families and fairness. Even before the pandemic,
parents in Virginia and across the country have been weighed down by
the cost of raising their kids, caring for their elderly parents, and
providing for their families. The Build Back Better Act will lighten
that burden.
The investments we are making with this bill, universal pre-K,
affordable childcare, and lower prices for healthcare and prescription
drugs, will bring everyday costs for families down and set all of our
children up for a bright future.
It will take long-overdue action to tackle the climate crisis by
making the historic investments that we need to create a clean energy
future for our kids, while creating millions of good-paying American
manufacturing jobs in the process.
We have the opportunity to enact once-in-a-generation change that
will improve the lives of our families and keep our economy on a path
to a strong and full recovery.
Madam Speaker, I urge my colleagues to support a swift passage of the
Build Back Better Act.
Mr. SMITH of Missouri. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I will point out that since Joe Biden became President
on January 20, the policies that he enacted by executive order in his
first week in office have created an incredibly awful border crisis.
Unfortunately, 1.4 million people have illegally crossed the southern
border since Joe Biden has taken office. And what does this legislation
do?
This legislation will only make it worse by providing over $100
billion in this legislation for backdoor amnesty.
This bill also provides roughly $45,000 of benefits to illegals over
U.S. citizens. That is unacceptable. The American people are opposed to
that, and they are not liking it.
Madam Speaker, I reserve the balance of my time.
Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentlewoman from
Florida (Ms. Wasserman Schultz), a distinguished member of the
Appropriations Committee.
Ms. WASSERMAN SCHULTZ. Madam Speaker, I proudly rise to support the
largest investment in America's working families, a human safety net,
and the protection of the planet since FDR's New Deal.
To families facing high healthcare or childcare costs or struggling
to find affordable pre-K programs, the Build Back Better Act has your
back.
We deliver real help and support, including paid family leave and a
child tax credit extension that cuts child poverty in half and puts
money in parents' pockets each month.
It expands healthcare coverage for millions and helps seniors pay for
home care, hearing aids, and prescriptions by finally allowing Medicare
to negotiate lower drug prices.
Build Back Better also seriously tackles climate change by moving us
toward our 2030 emissions reduction goals and does it by producing
high-paying, green, union jobs.
For veterans, it invests $5 billion to upgrade aging VA hospitals and
ensures we better serve those who so bravely served.
Build Back Better is fully paid for and returns fairness to the Tax
Code by making sure corporations and America's wealthiest pay their
fair share.
Paired with the bipartisan infrastructure bill, both bills will make
life a lot better for all Americans, especially families in Florida.
Let's build back better now.
Mr. SMITH of Missouri. Madam Speaker, I yield 1\1/2\ minutes to the
gentlewoman from New York (Ms. Malliotakis).
Ms. MALLIOTAKIS. Madam Speaker, I never thought in the United States
Congress--the home of the free, of the brave, of those taxpayers who
work hard every day and entrust us to spend their money wisely--that we
would see a spending bill of this magnitude that would saddle our
future children with debt.
The intrusion in this bill, the government control, the debt, the
taxes, the mandates and the disincentivizing of work and production
will continue to lead to more labor shortages, more supply chain
issues, and make things worse.
And what is even worse than all of that is the name of the bill, that
the people in this Congress are trying to fool the American people by
calling it a Build Back Better bill. It is a disaster.
When we talk about putting Americans first, what does this bill do at
a time when we have the worst crisis at the border? There is $100
billion going to amnesty and benefits for those who are entering the
country illegally, and this at a time when we are seeing a rise in
fentanyl deaths due to what's crossing over our border, child
trafficking, sex trafficking.
And then look at Big Brother, the government intrusion part of this
bill: doubling the number of IRS agents to go after Americans to spy on
their bank accounts.
This bill has crushing energy implications at a time when we are
seeing record increases on gas prices, on electricity, on heat, and we
are about to face the most expensive holiday season as a result.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. SMITH of Missouri. Madam Speaker, I yield an additional 30
seconds to the gentlewoman from New York.
Ms. MALLIOTAKIS. Madam Speaker, in addition to that, there are the
taxes and the mandates.
Where are my moderate friends on the other side of the aisle who
committed to vote against this bill unless there was a CBO score?
They have been untruthful, and the American people will not forget
what is occurring here today.
Do not destroy the very country that my parents came to in order to
pursue the American Dream.
Mr. YARMUTH. Madam Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Green), a distinguished member of the Financial Services
Committee.
Mr. GREEN of Texas. Madam Speaker, because I have a heart, I will
vote for universal pre-K. I have been to the classrooms, and I have
seen those babies' bright eyes, eager to learn. I have also understood
while I was there that there were other children who wouldn't have that
benefit. They were getting a late start while others were getting a
head start. This universal pre-K will give the same start to all of
these children.
I am voting for the future because I have a heart.
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. YARMUTH. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Lee), a distinguished member of the Budget Committee.
Ms. LEE of California. Mr. Speaker, I rise in strong support of the
Build Back Better bill. I thank Chairman Yarmuth and the Speaker, as
well as the committee chairs who worked to craft this transformative
legislation. It makes bold investments in our people, reduces
inflation, and will deliver real improvements in their lives.
It will address the acute housing crisis in my community and
throughout the country. It also includes wildfire prevention, drought
relief, conservation efforts, and climate change research to curb the
climate crisis.
It includes the child tax credit, paid family leave, child nutrition
programs, expanding access to childcare for working and low-income
families, and home care for elders. All of these investments and more
will help reduce poverty and allow women to get back into the paid
workforce.
It will also help build rewarding careers, create jobs through
workforce development funding for underserved populations, including
returning citizens.
Passing this bill is a moral imperative, especially for children,
women, seniors, and people of color that have been disproportionately
impacted by this pandemic and continue to be sidelined due to systemic
racial and economic inequality. I urge a ``yes'' vote.
Mr. SMITH of Missouri. Mr. Speaker, I reserve the balance of my time.
Mr. YARMUTH. Mr. Speaker, I yield 1 minute to the gentlewoman from
Ohio (Mrs. Beatty), a distinguished member of the Financial Services
Committee.
Mrs. BEATTY. Mr. Speaker, I rise today in support of this
transformative and once-in-a-generation opportunity to deliver for the
American public in a way that we have never seen before.
[[Page H6588]]
And to my colleagues, it is paid for.
The Build Back Better Act will create more than two million jobs each
year over the course of the next decade. It will also ensure universal
pre-K and extend the child tax credit to help lift thousands of
children out of poverty.
Democrats and Republicans, America, listen to me, we need to make
sure that everyone supports this. And for people who do not support
Build Back Better, there should be consequences because this is the
largest investment to combat the climate crisis in history.
It includes historical investments in HBCUs, it includes $150 billion
in our Nation's housing infrastructure.
This bill is a win for all. Do not be fooled. We have worked hard,
and this bill is for Democrats and it is for Republicans. People who do
not vote for this do not believe in America.
Mr. SMITH of Missouri. Mr. Speaker, I hear all the time in this
Chamber people say it is for the children or it is for the kids. What
hogwash from the other side to say that this bill helps the children
with the child tax credit.
Your child tax credit is for 1 year, but your tax break for
millionaires is for 10?
You are spending $250 billion in tax breaks for millionaires and $130
billion for 1 year for families.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore (Mr. Aguilar). The gentleman is reminded to
direct his remarks to the Chair.
Mr. YARMUTH. Mr. Speaker, may I inquire as to how much time is
remaining on both sides?
The SPEAKER pro tempore. The gentleman from Kentucky has 3\1/2\
minutes remaining. The gentleman from Missouri has 30 seconds
remaining.
{time} 1130
Mr. YARMUTH. Mr. Speaker, I yield 1 minute to the gentleman from Ohio
(Mr. Ryan), a distinguished member of the Appropriations Committee.
Mr. RYAN. Mr. Speaker, this is a wonderful place. I have to tell you,
our child tax credit is 1 year more than your child tax credit. We did
one this year; we are going to do one next year; and we are going to
keep going.
I love this place. Guys get wrapped around like a pretzel in this
place.
Let me be clear, I am against any tax cut for the wealthy. This is an
investment in working-class people whether they are White or Black or
Brown.
But when I listen to the other side, I hear somebody who if this was
a football game I would go back and say, I want a review, I want a
review of the play, and I want to pull up the C-SPAN video of all the
Republicans at the Rose Garden touting a big tax cut for the top 1
percent that blew a trillion-dollar hole in the economy.
This place is ridiculous.
Let's invest in the people. Let's not cut taxes for rich people.
And we have a new name for the GOP: the grand old phonies.
The SPEAKER pro tempore. Members on both sides are reminded to direct
their remarks to the Chair.
Mr. SMITH of Missouri. Mr. Speaker, I yield myself the balance of my
time.
Less than one-third of this budget bill is scored. Less than one-
third. But what we do know is that it will not be fully paid for, and
over the next 5 years it will add roughly $800 billion to debt. We do
know that.
This bill only bankrupts the economy. It benefits your wealthy
political friends, allies, and donors, and it only builds the
Washington machine.
If working-class Americans are considered millionaires, then this
bill is helping them because it is all about the millionaires.
Mr. Speaker, I yield back the balance of my time.
Mr. YARMUTH. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, we have gone back and forth on this bill for months now,
and my Republican friends have said, oh, they haven't had a chance to
read the bill. The Budget Committee reported out the consolidated bill
on September 25. There have been 180 hours of debate on this bill
before today; so if they can't read the bill in 2 months, they have
another problem.
But at the end of the day, it is clear this has not been a fair
debate. On one side you have House Republicans. On the other you have
myself and my Democratic colleagues, 17 Nobel-winning economists,
former Treasury Secretaries, Jack Lew and Larry Summers, scores of
other economists and experts, and most importantly, the overwhelming
majority of the American people.
This hasn't been an honest debate either. Democrats have a plan to
serve the American people. Republicans have an agenda to stop
Democrats, period. And my friend from Ohio just had another description
of GOP. I don't think it should be GOP at all; I think it should be
NOP, the not our problem party. If it is healthcare, it is not our
problem. Dealing with climate change, it is not our problem. Dealing
with education, not our problem. Dealing with seniors, not our problem.
Dealing with childcare, not our problem. Affording college, not our
problem. Dealing with medical costs, not our problem.
Democrats see important challenges facing the American people, and we
are finally dealing with them. It is time to close the curtain on the
Republican charade and do our jobs.
I urge my colleagues to vote ``yes'' and send to the Senate the most
transformative legislation for America and American families in a
century.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The gentleman from Massachusetts (Mr. Neal)
and the gentleman from Texas (Mr. Brady) each will control 30 minutes.
The gentleman from Massachusetts is recognized.
Mr. NEAL. Mr. Speaker, I yield myself 4 minutes.
Mr. Speaker, I stand today in strong support of the Build Back Better
Act and its implications.
I am proud of the substantive contributions that the Ways and Means
Committee, once again, has made to this monumental initiative. With
these provisions we will make transformational investments in families,
workers, and the fight against climate change.
Getting to this point certainly has not been fast, nor has it been
easy. Some might say it has been quite challenging. But that is what
democracy looks like, and it frequently is noisy. We have examined
these issues; we have had thoughtful, spirited debate in the committee;
and we have refined our proposals.
Since 2019, the Ways and Means Committee has held over 40 hearings
related to topics addressed by these provisions, and we have heard out
the stakeholders from virtually every perspective. Over the course of
40 hours of committee markup, we thoroughly debated this package and
considered 60 amendments from the Republican members. And in the 3
months since we passed our historic package out of the committee, we
have refined our policies further and made hard compromises in the
interest of accomplishing fine things for the American people.
That is how legislation is developed, and it is not based on whim.
There is not enough time to detail every policy in this legislation,
but let me highlight just a few that are going to be particularly well
received by the American people, and I am proud of these proposals.
First and foremost, we fought hard to include a universal paid family
and medical leave provision to finally put an end to workers'
impossible choice between providing for their family and caring for
them.
We also invest in making healthcare more affordable by extending the
enhanced Affordable Care Act premium subsidies that we approved in the
American Rescue Plan earlier this year.
We close the Medicaid coverage gap, which will allow four million
uninsured Americans to gain access to coverage.
Let me say something, as well, Mr. Speaker. Everybody in
Massachusetts has health insurance. Every child is covered, and 98
percent of adults are covered in the State, and it polls really well.
I am proud of these investments we make here in supporting this
development and deployment of green energy, and I want to acknowledge
two Members in particular, Mr. Thompson and Mr. Blumenauer, for the
role that they played. Our green tax policies put us on the path to a
sustainable future, they help cut carbon emissions, and create good,
well-paying jobs across the country.
[[Page H6589]]
This an ambitious package, but it makes major investments--emphasis
on the word ``investments''--in our economy, workers, and families, but
it also responsibly meets the time in which we live. The Ways and Means
Committee, of which I am enormously proud, we fully commit the funds
that are necessary to pay for these priorities by asking the most
powerful amongst us to pay just a modest amount more. The various
wealthy individuals will be asked to contribute, again, just a bit more
to our Nation that has provided them with the opportunities to have
such substantial success.
I urge our colleagues to support this legislation. We will allow for
a stronger and better Nation to build back better and stronger, and I
reserve the balance of my time.
Mr. BRADY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we meet today to consider the largest spending bill in
American history; a bill that no one has read, no one knows its cost,
it was written in secret, and rushed to the floor to hide it from the
American people.
We meet in the shadow of an awful economic report that shows
America's economy effectively stopped growing last quarter. President
Biden is over 700,000 jobs short of his promises from the last
stimulus, has ignored the damaging labor shortage and the fastest
rising inflation in 40 years.
This is all proof that President Biden is bungling the recovery, and
leaves many Americans questioning his competence.
Given all that, you would think the President and Congressional
Democrats would avoid sabotaging America's economy further. But that is
exactly what this $4 trillion socialist tax and spending binge does.
Build Back Better's crippling tax hikes will kill American jobs,
drive many of them overseas, hammer small businesses as they struggle
to recover, worsen the labor shortage, and drive inflation even higher.
And, yes, President Biden is absolutely breaking his pledge to not
raise taxes on America's lower- and middle-income earners. Two out of
three millionaires will get a tax cut while the middle class gets a tax
hike.
Both the liberal Tax Policy Center and Congress' own scorekeeper, the
Joint Committee on Taxation, confirm this. This bill imposes over $400
billion in taxes on America's small businesses, which couldn't come at
a worse time.
There are $800 billion in tax increases on American businesses who
compete both here and around the world.
This is an economic surrender to China, Russia, Japan, and Europe;
driving American jobs, investment, and manufacturing overseas.
The new corporate minimum tax is really a Made in America tax.
It hits American manufacturing, energy, and technology businesses the
hardest along with American consumers. The international tax increases
make it better to be a foreign company or consumer than an American
one.
Is it any wonder our foreign competitors are happy to embrace a small
global minimum tax; they are getting American jobs and a big bite of
our tax base.
There is a troubling new tax that hurts retirement plans, harming
workers and seniors the most by punishing businesses that invest in
their own stock.
All this while the Federal Government enjoys record-high levels of
tax revenue from corporations, small businesses, and high-income
earners due to the Republican tax cuts in 2017.
This $4 trillion socialist tax and spending binge will drive prices
up even higher on families and make the damaging labor shortage even
worse.
As businesses from Main Street to manufacturing struggle to find
workers, Democrats' changes to the child tax credit no longer require
Americans to earn or to work to qualify for monthly checks.
Experts predict this, along with lavish COVID-era Affordable Care Act
subsidies, could drive up to 2 million more Americans to exit the
workforce.
Under their paid leave plan, taxpayers will pay billions of dollars
to put Washington in charge of your time off while workers struggle
with one-size-fits-all mandates that limit choice for families and
crush small businesses.
This is crazy, too: Democrats are insisting on giving a huge tax
windfall to the wealthy 1 percent of Americans by lifting the
reasonable SALT cap. The cost of this tax give-away? A whopping $222
billion.
The penthouse gets an obscene tax break, but the building janitor
gets nothing. The middle class gets nothing. The 90 percent of
taxpayers who don't itemize their taxes get nothing but higher taxes
themselves.
Where are their priorities? The SALT windfall for the wealthy is 50
times larger than the help a parent gets from the child tax credit.
And it gets worse. Democrats are spitting away $550 billion in green
pork subsidies for the wealthy and the world's biggest corporations.
Democrats are forcing taxpayers to send $12,500 to a wealthy family
buying a luxury electric vehicle worth 80 grand. They quietly snuck in
tax breaks for wealthy trial lawyers, recording artists, electric
bikes, and subsidies for the media. Of course, labor unions get a huge
haul, including forcing the 90 percent of Americans who don't join a
union to subsidize a few who do.
While special interests cash in, families don't. Did you know this
includes a new toddler tax that will force middle-class families to pay
$13,000 more a year for their childcare?
And there are budget gimmicks galore.
``It costs zero'' will go down in history as one of the biggest
whoppers a President has ever told.
The true deficit is trillions of dollars over the decade.
And one of the budget gimmicks lands on American seniors who won't
have affordable generic drugs in the future to choose from.
Another budget gimmick is supercharging the IRS with 80,000 new
agents. While Democrats will say they have walked away from their bank
surveillance plan, the White House is ``hopeful'' Senators will sneak
it back in.
If you are worried about rising prices shrinking your paychecks more
and more every month, these trillions in new government spending will
only make it worse.
Inflation is killing families, forcing them to effectively pay a
second utility bill, a second cell phone bill, or a second cable bill a
month. Inflation is a tax, and Democrats are raising it in this bill.
So crippling taxes, driving jobs overseas, making the worker shortage
worse, and driving prices higher; this is a terrible bill.
Mr. Speaker, I reserve the balance of my time.
{time} 1145
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Thompson), who had a profound impact on the renewable
energy tax credits.
Mr. THOMPSON of California. Mr. Speaker, this is historic
legislation, one of the most impactful investments in American workers,
families, and communities during my time in Congress.
This bill includes the most sweeping and ambitious climate policy
ever passed by Congress--the GREEN Act, legislation I was proud to lead
with my Democratic colleagues on the Committee on Ways and Means. It
provides 4 weeks of paid family leave and funds universal pre-K. It
extends the child tax credit, a tax cut for working families that has
dramatically reduced child poverty since it was signed into law.
This bill makes healthcare premiums more affordable, provides tax
incentives to improve disaster resiliency, and funds the VA so our
veterans get the services they earned. And this bill is paid for.
The investments in this bill are too many to list; but it is just
that, an investment. This bill will pay dividends for generations, and
I urge everyone to pass the Build Back Better Act.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Kelly), one of our tax leaders.
Mr. KELLY of Pennsylvania. Mr. Speaker, I thank the gentleman from
Texas.
Mr. Speaker, I think a lot of us go out and actually do our own
shopping.
[[Page H6590]]
And I know now when I go out to shop, I not only look at the front of
the box, I look to the back to see what is in it.
So we have here the Biden build back better sauce. Here it is. It is
flavored with SALT tax, by the way, so don't worry about your sodium
content. And trust them. ``It is in there.''
What is in there; 150 new government programs. How about this? This
is a great bargain for the hardworking American taxpayer. Now, they're
saying it is only going to cost you $1.7 trillion, and only in
Washington would they say ``only''.
The cost per American, $53,000 apiece; $550 billion for the Green New
Deal; $412 billion in small business taxes; $80 billion for those
wonderful guys from the IRS that are coming to tear you apart; $7.8
billion on environmental justice; massive electric vehicle subsidies
for the very wealthy; government paid leave for high-priced CEOs;
subsidies for wealthy families; a SALT tax break for millionaires; and
the Tree Equity Program.
Who in the world would not buy this package? They will if they turn
around and look at the back and understand that it is on sale right now
in this House for $4 trillion. Hurry up, American taxpayers, before we
run out of money.
Mr. NEAL. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Massachusetts (Ms. Clark), a fellow Bay Stater, good friend, terrific
leader.
Ms. CLARK of Massachusetts. Mr. Speaker, I thank Chairman Neal for
his incredible work in putting together this bill and all his
leadership and friendship. And today, we have the build back better
agenda before us that was built on conversations that President Biden
had with the American people so we can meet this time of historic
challenge for them with historic progress.
The Build Back Better Act lowers costs and taxes for working
families, creates jobs, and puts us on a path towards sustainability.
We will provide 26 million children with access to affordable, quality
childcare and universal pre-K. This will let families, and especially
women in this country, get back to work and give all of our kids a
great start.
We will build one million units of affordable housing, cut
prescription drug costs and cap insulin costs, expand healthcare
coverage, extend the historic child tax cut, and invest directly in
climate resiliency and clean energy.
We declare with this bill that care is economic infrastructure and
send a message to families and providers both that help is on the way.
And all of this is done with a through line of equity. This is what is
possible when we put families front and center here in Washington.
Mr. Speaker, so today, we build back better.
Mr. BRADY. Madam Speaker, I yield 1 minute to the gentlewoman from
Indiana (Mrs. Walorski).
Mrs. WALORSKI. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, as our Nation faces crisis on every front, Democrats are
focused on grabbing more control over Americans' lives. Their Big
Government agenda empowers bureaucrats to take away our constitutional
liberties.
You don't get the vaccine, you get fired.
You try to manufacture something in America, you get taxed.
You want to know what is being taught in your child's school, you are
labeled a domestic terrorist.
This is America today, folks. Parents around the country are sounding
alarms about what is being taught in public schools. If you think
parents are engaged now, wait till you see what happens when they find
out their only option for the daycare is a government-appointed
provider. Faith-based daycares disappear with this bill.
This really is breaking news for anybody watching. Your faith-based
daycare is eliminated with this bill. Parents, listen up. This isn't a
Republican or Democrat or Independent thing, this is an American thing.
This is dangerous. It is happening, and a ``yes'' vote brings this in.
Please vote ``no''.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from
Washington (Ms. DelBene), a terrific member of the Committee on Ways
and Means.
Ms. DelBENE. Mr. Speaker, I rise today in support of the Build Back
Better Act. This transformational legislation will help grow our
economy, get families back to work, and set our next generation up for
long-term success.
The bill includes a 1-year extension of the child tax credit, a
historic middle-class tax cut for families. It has already lifted 3.5
million children out of poverty. The bill also will help build or
preserve over 800,000 affordable housing units over the next decade
through an expansion of the low-income housing tax credit, ensuring
millions more Americans will have a safe place to call home.
There is so much more in this legislation that will deliver direct
support to our families, like making childcare and healthcare more
affordable and accessible and making historic investments in fighting
the climate crisis.
Mr. Speaker, I urge my colleagues to vote to build back better and
support this legislation.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. LaHood), a member of the Committee on Ways and Means.
Mr. LaHOOD. Mr. Speaker, I rise today in strong opposition to the so-
called Build Back Better agenda. President Biden campaigned as a
moderate problem-solver, but has governed as a radical progressive.
Under nearly a year of Democrat control in Washington, we have
witnessed devastating consequences, stifling inflation, massive labor
shortages, a supply chain crisis, and devastation at our southern
border.
Instead of stepping back and working with Republicans to address the
real-life issues American families are facing, President Biden and the
Democrats are pressing ahead with the most radical legislative agenda
in my lifetime.
Here is what the bill does: raises taxes on Illinois farmers, middle-
income workers, and small businesses, while subsidizing the wealthiest
individuals on the coasts; encourages the IRS to snoop on average
Illinoisan's bank accounts; and pushes us to the brink of becoming a
welfare state.
Moreover, this bill is not paid for, as the Democrats claim, and will
only bankrupt our children and grandchildren. This so-called Build Back
Better agenda is a bad deal for Illinois and American families, and I
urge my colleagues to vote ``no''.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
Connecticut (Mr. Larson), neighbor, friend, and an effective member of
the Committee on Ways and Means.
Mr. LARSON of Connecticut. Mr. Speaker, I thank Chairman Neal for his
outstanding leadership.
Wow. Can you feel the love in this room today? Can't you? I will tell
you, I got to hand it to you, the ``vote no and take the dough'' crowd
is pretty good. Everybody votes against the bill but then gets a
newsletter out and takes credit for all the good work that is in the
bill. No one voted for the American Rescue Plan, and yet, you took
credit for that and sent letters out to people about their checks. But
that is to be understood.
Mr. Speaker, what this bill does is to make sure that working
families, on average, will get $430 back in their pockets each month;
save more than $14,000 a year in childcare; and universal pre-K will
save families about $8,600 a year as well. Seniors will now have lower
prescription drug prices, an estimated savings of $900 a year; and
families in Connecticut will no longer be double-taxed on State and
local taxes.
Mr. Speaker, I thank Rosa DeLauro and Rich Neal for their hard work.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Oklahoma (Mr. Hern), a member of the Committee on Ways and Means.
Mr. HERN. Mr. Speaker, today we are a simple majority vote away from
the largest expansion of the Federal Government in the history of this
great Nation, ushering a new era of dependence on socialized
government.
We sit at a crossroads between two different directions:
Free will or government control.
Honest, hard work or cradle-to-grave welfare.
Generational debt or deficit reduction.
Tax increases or tax reduction.
[[Page H6591]]
Socialism or economic freedom.
American energy independence or pro-China Green New Deal.
Mass amnesty or secure border.
Keep jobs at home or send them overseas to China.
Economic growth or economic surrender.
The American people or D.C. politicians.
History will remember which road we decide to go down. I strongly
encourage you to choose wisely and vote ``no''--vote ``no''--on the
build back broke bill.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Danny K. Davis), who had a substantive impact on the
writing of this legislation.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I rise to express my
strong support for the Build Back Better Act and commend all of those
who played a role in making it happen, especially Speaker Pelosi and
chairman of the Ways and Means Committee, Richard Neal, and all of the
members and staff on that committee.
Build Back Better seriously reduces longstanding poverty among
children. Which children? All children; poor children, Black children,
Brown children, White children, children of disadvantaged families. It
reduces poverty for 4 million children.
Build Back Better will provide pre-school programs for children of
working families across America. It even provides help for individuals
who have prison records so that they can get jobs and go to work.
It is good for America. It is good for every community in America.
Mr. Speaker, I strongly support it, and I urge its passing.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Meuser).
Mr. MEUSER. Mr. Speaker, I thank my friend, the esteemed gentleman
from Texas very much.
Mr. Speaker, this break business' backs bill is the latest iteration
of an upside-down--in fact, inverted--economic agenda, ignoring today's
problems and doubling down on what we see are failed policies.
What is in this partisan reconciliation bill says more about
Democrat's Big Government agenda than people's actual needs, and it
will exacerbate challenges currently facing working families and small
businesses. It is an $80,000 tax break for wealthy individuals and $400
billion tax hike on small businesses, with a total of $800 billion in
new taxes. That is a fact.
It subsidizes green energy but it has a new tax on natural gas,
making heating your home more expensive. That is a fact.
It disincentivizes work with new unaccountable entitlements while
business owners are desperate to fill nearly 10 million jobs. It will
increase costs on domestic businesses and manufacturers and make
products overseas more attractive. And it is big spending that everyone
agrees is not paid for; will increase debt to somewhere in the
neighborhood of--I don't know, what is the debt ceiling request going
to be?--$34-, $35-, $36 trillion on something that was said was going
to cost zero? Decrease GDP, reduces wage growth, and drives inflation
higher. We need to make our country better not make government bigger.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from New
York (Mr. Higgins), author, scholar, and effective member of the
Committee on Ways and Means.
Mr. HIGGINS of New York. Mr. Speaker, I thank the chairman for
yielding, for his integrity, and his steady leadership throughout this
process.
I am proud of the legislation that we are considering today, and the
entire House should be as well. Over the past two decades we have spent
$6 trillion in three Middle East wars.
Today, this Congress is cementing a commitment to finally nation-
building at home, in America and for Americans; investments in American
families to help them become healthier, happier, and more productive
into and through adulthood.
Mr. Speaker, because of this bill, the future of my community in
Western New York will be stronger and more resilient. We are building
back better, stronger, and longer. This bill reflects our optimism as
Americans to confront our challenges with strength.
Mr. Speaker, I strongly urge my colleagues to support this
legislation.
{time} 1200
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Ferguson), the chief deputy whip and a member of the Ways
and Means Committee.
Mr. FERGUSON. Mr. Speaker, what I really want to say about this bill
would probably make me wind up on the prayer list of the church folks
back home.
This bill is horrendous for America. Most Americans want a job; they
want a decent, safe place to live; they want their kids educated; and
they want to be left alone to lead their lives the way that they want
to. This bill violates every one of those basic tenets.
It is going to destroy the economy and raise inflation. People will
not be economically more secure.
It is encouraging additional illegal immigration at our southern
border, and it is making our communities less safe.
It is going to destroy private daycare. This bill is going to allow
the government to tell you where you have to have your kids educated.
Has the majority not learned anything from what happened in the
elections a couple of weeks ago?
By the way, it is going to tell you how you have to live your life,
what kind of car you can buy, what kind of business you can run, and
how to operate your business. Americans are sick and tired of this kind
of government overreach.
Mr. Speaker, 87,000 new IRS agents to spy on Americans' bank
accounts, to come dig in the cushions of your couch, in order to pay
for SALT? This thing stinks like 3-day-old roadkill on south Georgia
asphalt. Vote ``no.''
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from
Wisconsin (Ms. Moore), the passionate advocate for the people of
Milwaukee.
Ms. MOORE of Wisconsin. Mr. Speaker, I am so proud to support the
Build Back Better Act. It is time for us to pass this historic
legislation that invests in our communities, our workers, our children,
and our families, while asking the wealthiest among us, who have
benefited from our growing economy, to pay their fair share.
These investments will lower the costs of childcare, which has kept
women out of the labor force. It invests in our future workforce
through our children. It helps us tackle the climate crisis, bolsters
resilience, and creates economic and job opportunities and good-paying
jobs for millions. I could go on and on and on.
Mr. Speaker, I want to end by talking about the millions of people
who depend upon insulin, something that has been a bipartisan issue. It
is going to lower those costs to just $35 a month. That is reason
enough to pass the Build Back Better Act.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Smucker), a member of the Ways and Means Committee.
Mr. SMUCKER. Mr. Speaker, I hope the American people are watching
closely today because there is a fundamental question being debated,
and that is: What should the role of the Federal Government be in each
of our daily lives, and what economic system best provides for the
opportunity and well-being of the American people? That is the question
today.
Democrats believe--they said this in our hearings--that the Federal
Government should provide everything to ensure all needs are met for
middle-income Americans.
We believe in earned success. We believe in rewarding hard work. That
system, the free market system, has provided more opportunity than ever
before in the history of mankind.
Mr. Speaker, freedoms aren't taken all at once. They are taken bit by
bit by bit. This is a move toward an entirely different economic
system. It is a move toward socialism.
We know that doesn't work. Look at every country in history that has
overdelivered and overspent. It has not ended well.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
Virginia (Mr. Beyer), whose economic advice abounds through this
institution.
Mr. BEYER. Mr. Speaker, I thank the chairman for his extraordinary
[[Page H6592]]
leadership on the Ways and Means Committee in putting this together,
and I urge all of my colleagues to support the Build Back Better Act.
Mr. Speaker, this bill finally makes it clear that our government's
most important responsibility is to give every American the possibility
for life, liberty, and the pursuit of happiness.
The Build Back Better Act makes the boldest actions to fight the
existential crisis of climate change.
It contains some of the most important benefits for American families
ever contemplated by Congress: lowering drug prices, paid family leave,
affordable childcare and healthcare, universal pre-kindergarten, and an
extended child tax credit.
Mr. Speaker, this bill would boost our economy in the best and
strongest way by investing in our workforce and increasing labor force
participation.
It will create long-term structural benefits for our economy that
strengthen our supply chains, reduce the effects that drive up energy
prices, and restrain inflation.
Along with the recently enacted infrastructure bill, it will create
millions of jobs.
Mr. Speaker, a vote for the Build Back Better Act is a vote for
sustained, long-term economic growth that will benefit generations of
Americans.
I urge my colleagues to vote ``yes.''
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Roy).
Mr. ROY. Mr. Speaker, I can't help but wonder what my so-called
moderate colleagues on the other side of the aisle are waiting for,
with bated breath, from a CBO score.
You don't need a CBO score to know that $100 billion worth of
amnesty, when our border is wide open, will cripple the State of Texas,
cripple our country, and cause thousands of pounds of fentanyl to pour
into our country.
You don't need a CBO score to know that a 900 percent increase in
OSHA fines to go after small businesses and shut them down with
tyrannical vaccine mandates is going to cripple jobs and small
businesses across the country.
You don't need a CBO score to know that $500 billion of unicorn
climate agenda energy policies are going to drive up heating costs,
drive up the cost of gasoline, and cripple our economy. You don't need
a CBO score to oppose that.
You don't need a CBO score to know that $300 billion of tax giveaways
to basically blue State Yankees is going to somehow fix our country.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Evans), a highly effective member of the Ways and
Means Committee and a terrific gentleman from Philadelphia.
Mr. EVANS. Mr. Speaker, Philadelphians have been asking for help even
before the pandemic, help with things like childcare, the cost of
prescription drugs, housing, and jobs.
Philadelphia, I have heard you. I am proud to vote for the Build Back
Better Act and the infrastructure bill this week.
Most of all, today, we make history. We make history because we are
doing something for the American public. And it is important to
remember, Build Back Better sends a message to every single American
that we are on their side.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Nebraska (Mr. Smith), the ranking member of the Select Revenue
Subcommittee.
Mr. SMITH of Nebraska. Mr. Speaker, I rise in opposition. It seems
the majority has seen everything that the American people are angry
about and are doubling down instead of addressing the very problems
that need to be addressed.
Americans are angry about the proposed million-dollar payments to
folks who want to come to our country illegally. This bill makes that
worse.
Americans are angry they can't get the IRS to answer the telephone.
This bill spends $45 billion to further weaponize the IRS.
Americans are angry that store shelves are empty and prices are
rising because of worker shortages. This bill makes it worse.
Americans can't get necessities like cars. In my district, newly
manufactured farm equipment sits unfinished and undelivered because of
chip shortages. This bill makes it worse.
Our economy is hurting. We need to get the American people back to
work. This bill is only going to make life harder and more expensive
for the very people who some are claiming to try to help.
Mr. Speaker, I urge a ``no'' vote.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Pallone), the chairman of the Energy and Commerce Committee
and one of the only two Members left from the class of 1988 in
Congress.
Mr. PALLONE. Mr. Speaker, I rise in strong support of the Build Back
Better Act.
This legislation builds on our efforts to make healthcare more
affordable and accessible for all Americans, including millions
unfairly caught in the Medicaid coverage gap.
It also makes prescription drugs more affordable by finally giving
Medicare the ability to negotiate lower drug prices with the
pharmaceutical companies. Seniors will also pay no more than $2,000 a
year in out-of-pocket costs for their drugs, and the legislation
penalizes Big Pharma companies that unfairly raise prices.
The Build Back Better Act also aggressively tackles the worsening
climate crisis. The new greenhouse gas reduction fund will accelerate
innovation in low- and zero-emission technologies. Rebates for
homeowners to electrify and make their houses more efficient will save
them money and reduce emissions. The new methane emissions reduction
program will drive down pollution from the oil and gas industry.
Mr. Speaker, we simply cannot wait any longer to combat the climate
crisis. Bold action is needed now.
The Build Back Better Act invests in the American people and our
future and deserves strong support today.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentlewoman from West
Virginia (Mrs. Miller), a member of the Ways and Means Committee.
Mrs. MILLER of West Virginia. Mr. Speaker, since President Biden has
taken office, he has tried to increase taxes on everyone. His Build
Back Better Act--or as I like to call it, build back broke--is the
latest example of his radical tax and spend agenda.
This bill includes $4.5 trillion in new spending, $1.5 trillion in
new taxes, and will cause $3 trillion in new debt.
I introduced two amendments in this legislation, one that would
ensure Americans still have access to lifesaving cures and one that
would ensure Members of Congress do not benefit from Democrats' SALT
deduction. Democrats rejected both.
If passed, this reconciliation package will negatively affect all
facets of our day-to-day lives. It will make energy more expensive, tax
small family businesses, ship American jobs overseas, and make the
inflation crisis worse.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from
Connecticut (Ms. DeLauro), the chairwoman of the Appropriations
Committee, who is an advocate on behalf of the child tax credit.
Ms. DeLAURO. Mr. Speaker, the Build Back Better Act strengthens our
economy and changes the lives of millions of Americans.
It fights inflation because it is fully paid for by making big
corporations and the wealthiest pay their fair share. No one making
under $400,000 will pay a penny more in taxes.
It expands and improves the child tax credit, the biggest tax cut for
working families with children, a transformative policy that the
chairman and I have been fighting for, for nearly 20 years. It is a
lifeline for the middle class and lifts over 50 percent of children out
of poverty.
It guarantees that the cost of childcare will not exceed 7 percent of
a family's income. It includes paid family and medical leave, which
responds to the needs of all people so they can take time off to care
for themselves or a loved one.
It delivers a historic and once-in-a-generation investment in
combating climate change that cannot wait.
It lowers healthcare costs. It provides universal pre-K. I could go
on and on.
We have an opportunity to build the architecture for the future for
working families. Working and middle-class families across this country
are counting on us to build a better and stronger America.
[[Page H6593]]
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, the U.S. Conference of Catholic
Bishops said it was completely unacceptable that the Build Back Better
Act expands taxpayer funding of abortion in many new and expanding
programs.
The National Right to Life Committee has pointed out that even
ObamaCare contained a provision that specifically permitted States to
ban elective abortions in their exchanges. The BBB, starting in 2024,
would explicitly override the laws of those States.
Mr. Speaker, Mr. Biden once said that those of us who are opposed to
abortion should not be compelled to pay for them. This bill coerces us
to pay for abortion on demand.
Mr. Speaker, unborn babies need the President of the United States
and Members of Congress to be their friends and advocates, not powerful
adversaries subsidizing their violent destruction.
{time} 1215
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Pascrell), who is always quotable.
Mr. PASCRELL. Mr. Speaker, I congratulate the gentleman on his
efforts in this legislation.
Mr. Speaker, last November the American people put Democrats in
charge to raise this Nation from its knees, to improve the lives of
working men and women, to confront powerful interests, and to rebuild
for the next century. New Jersey taxpayers sent us to provide real
relief from the odious SALT cap.
Don't pick out two or three districts in the country. Look at the
whole situation, and then decide about this low-hanging fruit that you
took to pay for your disaster in 2017.
This legislation is a blueprint for America to build back better.
And what was your answer?
We got back the next week to vote on the other bill, and you voted to
adjourn. You want to go home. You don't want to vote on any of those
things. You did it. Facts matter. Dispute it.
Only one party is making raising children affordable.
Only one party is creating a green future that aids unions and
supports domestic manufacturing.
Only one party will close the tax gap and provide tax fairness for
working Americans.
The American people elected Democrats to act with urgency for the
present and the future, Mr. Speaker.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Bost).
Mr. BOST. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, the Build Back Better plan is a big, bloated joke. The
problem is it is not funny.
At a time when inflation is skyrocketing, House Democrats are
doubling down on their socialist wish list.
Is your family struggling financially after endless COVID shutdowns?
Don't worry. The Democrats have a plan. They are going to be giving
$80 billion to the IRS to double the number of agents who can track
your spending habits.
Worried about whether you can afford to put gas in your car or heat
your home this year?
Well, House Democrats have a plan for that too: huge tax hikes on
natural gas, kneecapping American-made energy products to pour billions
into the Green New Deal.
Are you concerned about the security on our borders and keeping
communities safe?
House Democrats are providing amnesty for 8 million illegal
immigrants.
And we still don't know what the cost of this bill is going to be.
There is no report here yet.
Mr. Speaker, we should not be voting on this monstrosity, and I urge
my colleagues to oppose it.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Schneider). He is a very effective gentleman, and he is
always Midwestern nice.
Mr. SCHNEIDER. Mr. Speaker, I rise in strong support of the Build
Back Better Act that will make transformative investments in the lives
of everyday Americans, all without adding to the deficit.
This bill is good for our country. It will unquestionably enhance the
future for our children, but also improve the here and now for their
parents and grandparents creating opportunities like universal pre-K.
It takes on national challenges by lowering the cost of prescription
drugs and, critically important, giving working families a tax cut.
I have said from the start that I want a bill that will address four
things: climate change, kids and education, healthcare, and economic
growth. This legislation checks every box.
I am proud of the work of all the House committees, and particularly
our Ways and Means Committee. I am also proud that several initiatives
I have long championed are included in this bill, including sustainable
aviation fuel to fight climate change, Health Profession Opportunity
Grants and graduate medical education to make healthcare more
accessible, onshore wind manufacturing tax credits to bolster domestic
energy supply chains, and, significantly, tax cuts through the child
tax credit and State and local tax deduction.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Arrington), who is a key member on the Ways and Means Committee.
Mr. ARRINGTON. Mr. Speaker, I thank my colleague from the great State
of Texas for yielding.
Mr. Speaker, I have said a lot about the disastrous effects of this
gargantuan tax and spend bill on the heels of an economy that is
sputtering on account of massive spending, which is driving inflation,
and on the unemployment policies that have locked labor on the
sidelines, and you have got vaccine mandates coming down the pike. This
is the proposal from my Democrat colleagues and my friends.
What I can't understand, for the life of me, Mr. Speaker, is that in
this bill, that is supposed to go after the inequity gap in our
country, they have the largest spending program as a giveaway to
millionaires from high-tax States like New York and California, $280
billion. There are special interest carve-outs. This looks like a
Christmas tree of giveaways to political allies, unions, plaintiffs'
attorneys, and media corporations.
That is all in this bill, Mr. Speaker. I plead with my colleagues:
Relent.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Panetta), who is a very effective member of the Ways
and Means Committee.
Mr. PANETTA. Mr. Speaker, I thank the chairman for his leadership and
for his love of this institution.
Mr. Speaker, the Build Back Better Act is about future opportunity
for our districts and for our democracy.
As an immigrant-fueled, frontier nation, we value individual mobility
and reward hard work. That is the foundation of why we are the richest
and most successful nation ever. However, we are at an inflection point
in which the past failure to invest in our working families has led to
the degradation of our common life. That is why now more than ever we
must provide more for the people who have plied through the pandemic,
who propel our economic prosperity and promote our national unity.
This legislation does that by focusing on children, education,
healthcare, and affordable housing; by furthering our fight for clean
energy and climate resiliency with e-buses, e-bikes, and microgrids;
and by financing it in a way that protects our family farms and
promotes our farm workers.
For those of you who vote against this legislation today, you will
probably take credit for it tomorrow because this investment will
benefit not just my constituents but yours, too, because this bill
provides every working family, not just with the resources to succeed
in our country but with the dignity they deserve by playing a part in
our democracy.
Mr. BRADY. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, I have a whole host of organizations, coalitions,
patient groups, health advocacy groups, institutions, associations, and
small businesses who have vehemently opposed and raised alarming
concerns about this bill.
Mr. Speaker, I include in the Record that list.
[[Page H6594]]
List of Opposing Organizations
Academy of General Dentistry (AGD), AICC, The Independent
Packaging Association, Altria; America's Business Benefit
Association, Coalition of Texans with Disabilities, Coalition
of Wisconsin Aging and Health Groups, Color of Crohn's and
Chronic Illness, Communicating for America, Inc.; Consumer
Action for a Strong Economy, Conservatives for Property
Rights, Council for Affordable Health Coverage, debra of
America, Global Colon Cancer Association, Healthcare
Leadership Council, HIV + Hepatitis Policy Institute,
International Cancer Advocacy Network, Illinois Biotechnology
Innovation Organization, MLD Foundation, National Taxpayers
Union, Noah's Hope--Hope4Bridget Foundation, Rare Access
Action Project, Small Business & Entrepreneurship Council,
SYNGAPl Foundation, The Ryan Foundation, Taylor's Tale,
American Association of Oral and Maxillofacial Surgeons
(AAOMS), American Bankers Association, American Builders and
Contractors, American Chemistry Council, American Dental
Association, American Gas Association.
American Mold Builders Association, American Pet Products
Association, American Soybean Association, American
Subcontractors Association, American Trucking Associations,
National Association of Convenience Stores, National
Association of Truckstop Operators, SIGMA: America's Leading
Fuel Marketers, Truckload Carriers Association, Asian
American Hotel Owners Association (AAHOA), Associated
Builders and Contractors, Association of Community Cancer
Centers (ACCC), Business Roundtable, Center for Individual
Freedom, Center for Urban Renewal and Education (CURE),
Chamber of Commerce, Comcast Corporation, Council for
Affordable Health Coverage, National Association of
Manufacturers, Small Business & Entrepreneurship Council,
U.S. Chamber of Commerce, Council for Citizens Against
Government Waste, Energy Marketers of America, EveryLife
Foundation for Rare Diseases, Family Business Estate Tax
Coalition, Foodservice Consultants Society International
(FCSI) The Americas, FreedomWorks, Gas and Oil Assoication of
West Virginia, Shale Coalition, Ohio Oil and Gas Association.
Global Cold Chain Alliance, Independent Community Bankers
of America, Independent Electrical Contractors, Independent
Petroleum Association, International Franchise Association
(IFA), John Deere, Main Street Employers, Medicare Access for
Patients Rx Coalition (MAPRx), Motion Picture Association,
National Association of Federally-Insured Credit Unions
(NAFCU), National Association of Home Builders (NAHB),
National Association of Manufacturers, National Association
of Realtors, National Association of the Remodeling Industry
(NARI), National Electrical Manufacturers Representatives
Association (NEMRA), National Federation of Independent
Business (NFIB), National Independent Automobile Dealers
Association (NIADA), National Infusion Center Association,
National Marine Distributors Association, National Mining
Association, National Organization for Rare Disorders,
National Ready Mixed Concrete Association, National
Restaurant Association, National Retail Federation, National
Small Business Association, National Stone, Sand and Gravel
Association; National Taxpayers Union, National Tooling and
Machining Association.
NATSO, Representing America's Travel Plazas and Truck
Stops, New Jersey Business Coalition, North American Die
Casting Association, Ohio Business Roundtable, Ohio Farm
Bureau, Outdoor Power Equipment and Engine Service
Association, Precision Machined Products Association,
Precision Metalforming Association, Promote America's
Competitive Economy (PACE) Coalition, Promotional Products
Association International (PPAI), Retail Industry Leaders
Association, Rheumatology community, S Corporation
Association, Secondary Materials and Recycled Textiles
Association (SMART), SIGMA: America's Leading Fuel Marketers,
Small Business Council of America (SBCA), Small Business
Legislative Council (SBLC), Specialty Equipment Market
Association, Susan B. Anthony List, Symetra, The Credit Union
National Association (CUNA), The Integrated Canada-U.S.
Automotive Industries, Tire Industry Association (TIA),
United Veterinary Services Association, American Fuel and
Petrochemical Manufacturers, American Petroleum Institute,
Chemical Fabrics and Film Association, Communications Cable
Connectivity Association, EPS Industry Alliance, Extruded
Polystyrene Foam Association, Flexible Packaging Association.
Foodservice Packaging Institute, International Sleep
Products Association, Manufacturers Association for Plastics,
Processors Motor Equipment, Manufacturers Association,
National Association for PET Container Resources, National
Association of Chemical Distributors, National Association of
Manufacturers, Plastic Pipe Institute, Plastics Industry
Association, Plumbing Manufacturers International
Polyurethane Foam Association, PRINTING United Alliance,
Produce Marketing Association, Single Ply Roofing Industry,
Uni-Bell PVC Pipe Association, Vinyl Institute American Hotel
and Lodging Association, American Resort Development
Association, American Seniors Housing Association, Asian
American Hotel Owners Association, Associated Builders and
Contractors, Building Owners and Managers Association (BOMA)
International, CCIM Institute, Council for Rural and
Affordable Housing, CRE Finance Council, ICSC, Institute of
Real Estate Management, Leading Builders of America,
Manufactured Housing Institute, Mortgage Bankers Association,
NAIOP, The Commercial Real Estate Development Association,
Nareit, National Apartment Association, National Multifamily
Housing Council, REALTORS Land Institute, Society of
Industrial and Office REALTORS, The Real Estate Roundtable,
Wine Spirits, Wholesalers of America, National Beer
Wholesalers Association.
Mr. BRADY. Mr. Speaker, I include in the Record a letter from the
National Federation of Independent Business, the Nation's leading small
business advocacy group underscoring how this proposed bill will impose
a small business surtax on already struggling mom-and-pop shops across
America.
NFIB,
Washington, DC, November 5, 2021.
Dear Representative: On behalf of NFIB, the nation's
leading small business advocacy organization, I write in
strong opposition of H.R. 5376, the Build Back Better Act.
This legislation would increase taxes, impose new mandates,
and increase penalties on small business owners, threatening
to disrupt the fragile small business recovery. H.R. 5376
will be considered an NFIB Key Vote for the 117th Congress.
NFIB opposes efforts to raise taxes on small businesses.
The Build Back Better Act broadens existing passive income
taxes and applies them to active income, creating a true
``Small Business Surtax.'' Specifically, the legislation
substantially expands the 3.8% net investment income tax
(NIIT) on pass-through business income and applies it to all
business income above $400,000 (individual filers) and
$500,000 (joint filers). The threshold is even lower for
family businesses held as trusts, with the surtax applying to
income above $13,000. These thresholds are not indexed for
inflation, so the ``Small Business Surtax'' will impact an
increasing number of businesses and an increasing percentage
of business income every year.
Three-quarters of small employers are organized as pass-
through entities (S Corporations, LLCs, Sole Proprietorships,
and Partnerships). The ``Small Business Surtax'' would
negatively impact more than 750,000 pass-through businesses
and over half of pass-through business income. When combined
with the other surtaxes on certain pass-through businesses,
these tax changes create a 48.8% federal effective tax rate
on pass-through business income before even considering state
and local taxes. NFIB's latest tax survey, small business
owners shared that federal business income taxes were the
most burdensome tax on both a financial and administrative
basis. These taxes will divert resources away from job
creation, compensation increases, and business investment and
further complicate tax compliance. The permanent tax
increases fund temporary spending programs, meaning
additional tax hikes will be necessary if the programs are
extended and offset.
NFIB is also concerned about the impact of a government-run
paid family and medical leave program may have on small
employers. The Build Back Better Act creates a four-week
federal paid family and medical leave program for all workers
without regard to employer size. This program would be a
significant change to small employers (fewer than 50
employees) who are currently not subject to the Family and
Medical Leave Act (FMLA). Congress wrote this exemption into
law because they understood that an employer mandate like
FMLA would be burdensome, and compliance would be difficult.
In a recent NFIB member ballot, 90% of small businesses
believe that small employers should be exempt from paid sick
and family leave mandates. Requiring small business
participation in a federal paid family and medical leave
program would take away the flexibility many small businesses
need to be able to manage their workforce at a time when half
of small business owners are struggling to fill open
positions.
NFIB opposes increased penalty amounts and increased
penalty exposure on small businesses. The Build Back Better
Act increases civil monetary penalties on small businesses
with isolated errors when trying to comply with complicated
federal employment law and increases penalty exposure for
employers by expanding the Affordable Care Act's employer
mandate. Fair Labor Standard Act (FLSA) violations currently
operate under a strict liability standard, meaning employers
who make an honest misinterpretation of the law or make an
isolated mistake are not given leniency. The legislation also
increases civil monetary penalties for violations under the
Occupational, Safety, and Health Act (OSHA), as well as those
under the National Labor Relations Act (NLRA). If penalties
are substantially increased, a single error could ruin a
small employer and permanently put them out of business.
Further, the legislation lowers the definition of
``affordability'' for the ACA's employer mandate, which would
drive up health insurance costs for employers. Small
businesses do not have the operating revenue of larger
businesses and cannot simply absorb these substantial fines
and cost increases. They also do not have legal and human
resources departments to negotiate lower fines with agency
officials or lower premiums with health insurers.
Small businesses are struggling with labor shortages,
rising inflation, supply chain disruptions, and increasing
threats from
[[Page H6595]]
COVID-19 variants. Congress should not impose significant tax
increases, inflexible mandates, and massive new civil
monetary penalties on small businesses as they would compound
these problems and damage the fragile small business
recovery. NFIB opposes H.R. 5376 and will consider the
legislation an NFIB Key Vote for the 117th Congress.
Sincerely,
Kevin Kuhlman,
Vice President,
Federal Government Relations.
Mr. BRADY. Mr. Speaker, I include in the Record a letter from
American Farm Bureau who represents nearly 6 million families and
American farmers asking us to reject passage of this bill due to
inflation and how this hurts America's farmers.
American Farm Bureau Federation,
Washington, DC, November 16, 2021.
Hon. ___
House of Representatives,
Washington, DC.
Dear Representative: On behalf of the Farm Bureau's nearly
6-million member families, I write to urge you to oppose the
Build Back Better Act, a piece of legislation that raises
taxes and spends more taxpayer money at a time our country
can afford to do neither.
Inflation is driving up costs across the economy, and
greatly increased federal spending is a contributing factor.
Federal policy choices have raised energy prices, leading to
higher costs for everything from food to used cars. And yet
this legislation will further exasperate that pain through a
methane tax on oil and gas.
The Consumer Price Index is at a 31-year high, and unlikely
to reach historical norms any time soon, having risen 6.2%
since this time last year. Inflation is a hefty tax on every
American's paycheck.
While certain funding increases or newly created programs
may, by themselves, be commendable, the totality of the
increased federal spending in this bill coupled with the
enormously burdensome tax increases leveled on businesses and
individuals to pay for it will stifle economic growth and
destroy jobs. Ultimately, the result could be the
consolidation or sale of family farms and ranches.
The legislation also seeks to raise revenue by increasing
fines and penalties as much as ten times their current amount
for violations of the Occupational Safety and Health Act,
Fair Labor Standards Act, and Migrant and Seasonal
Agricultural Worker Protection Act. The missteps of farmers
and ranchers when navigating complex, oftentimes onerous
regulations and laws should not serve as a funding mechanism.
While Farm Bureau does not condone bad actors when it comes
to appropriately managing safety, the seasonal workforce, and
employee pay on the farm, fines associated with OSHA, FLSA,
or MSPA violations should not be determined based on their
ability to serve as a pay-for in a partisan legislative
process. If enacted, these provisions could put well-meaning
farmers and ranchers out of business.
While some elements of the reconciliation package would
benefit agriculture, the massive amount of spending and tax
increases required to pay for the plan outweigh the gains we
would see in rural America. Also, the manner in which they
were crafted is concerning. The agriculture industry and the
committees of jurisdiction have held to a long tradition of
bipartisanship that we have seen erode over this past year.
We hope this does not negatively impact future farm policy
discussions.
In addition, the best policy is that which is discussed in
an open and transparent manner with input from a variety of
stakeholders. Reconciliation has been anything but
transparent with billions of dollars not even discussed by
the committees of jurisdiction. This should concern all
advocates of good and responsible government.
The economy is still recovering from the pandemic, supply
chains are stressed, and inflation is putting pressure on
America's pocketbooks. Now is not the time to put an
additional burden on families struggling to make ends meet.
After watching months of contentious, partisan debate
surrounding the Build Back Better Act, Farm Bureau can only
stand in opposition to the legislation.
Respectfully,
Zippy Duvall,
President.
Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Gomez), whose negotiating skill on USMCA really
impressed me.
Mr. GOMEZ. Mr. Speaker, I rise today as a second-generation American.
I am the son of Mexican immigrants who came here in pursuit of the
American promise; a promise that if you work hard and follow the rules,
you will succeed, and your children and grandchildren will build on
that success.
Unfortunately, the promise has eluded far too many Americans,
particularly the working class and people of color. Although some of
them feel America has given up on them, they have refused to give up on
America. That is why we must pass the Build Back Better Act to make
historic investments in our people and our planet and put the American
promise within reach of an entire generation for the first time.
Through the Build Back Better Act, we have an opening to invest in
children and families by expanding the child tax credit and universal
pre-K, give millions of families an affordable place to call home, and
tackle climate change while creating good-paying jobs. We have a chance
to redefine our commitment to the American people and to move toward a
more just, equitable, and perfect Union.
Mr. BRADY. Mr. Speaker, I continue to reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from Nevada
(Mr. Horsford), who is a terrific advocate for all things Nevada.
Mr. HORSFORD. Mr. Speaker, I rise to highlight the historic
investments that Ways and Means Democrats have secured in the Build
Back Better Act.
For years, Americans have seen their cost of living rise while my
colleagues across the aisle focused on tax cuts for the wealthy and the
well-connected. At long last, with Democrats in the majority, Congress
is delivering the change that our constituents deserve.
As we rebound from the pandemic, I am very proud that the Build Back
Better Act includes my bills to cap out-of-pocket drug costs for
seniors, lower healthcare premiums for working students, and improve
wages, benefits, and training for workers at nursing homes and
hospitals.
I also want to acknowledge the major investments in our clean energy
future. To tackle the climate crisis and create good union jobs, the
Build Back Better Act includes my bills to invest in clean energy
transmission and incentivize production of dynamic glass.
The Build Back Better Act will pay for itself, create millions of
good-paying jobs, and lower costs for our families. And critically,
through a $5 billion investment in my bill to prevent community
violence, the Build Back Better Act will keep our communities safe.
Mr. Speaker, I urge this body to pass this bold investment in
America.
Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from the
Virgin Islands (Ms. Plaskett), who is a very effective member of the
Ways and Means Committee.
Ms. PLASKETT. Mr. Speaker, with the Build Back Better Act, we are
investing in a strong economy, in jobs, and ensuring that children,
families, and all of our communities can compete and succeed equitably
in the 21st century.
This will tremendously benefit all districts, including districts
whose Members will not vote for the bill. No doubt many of them will
try to take credit for this as they stand against this transformative
investment in our economic future.
Build Back Better fights inflation because it is paid for and because
it helps working people return to work, increasing supply. Build Back
Better reduces the deficit, as we have seen from scoring that has been
released as we developed the package.
Americans overwhelmingly support Build Back Better because the
American people broadly agree we face an urgent choice between
Republicans who insist on keeping the economy that serves the
wealthiest and the biggest corporations or the Democrats who are giving
middle-class families a hand up at achieving the American Dream.
We have millionaires and billionaires paying lower tax rates than
teachers, cops, and firefighters.
Stop pretending you care about balancing the budget, the deficit, and
the middle class. We saw what you cared for in the 2017 tax grab.
Mr. Speaker, vote to build back better.
Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of H.R. 5376 is postponed.
____________________