,,ii ,calendar ,no4 #dfd #aagth ,,congress #b;d ,session ,h4 ,r4 #ecgf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #b1 #bjbb,received2 read the first time ,august #c1 #bjbb,read the second time and placed on the calendar ,,an ,,act ,to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 ,i ,committee on ,agriculture ,a ,general provisions #ajjja4 ,definitions ,in this title3 7#a7 ,the term insular area has the meaning given such term in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc74 7#b7 ,the term ,secretary means the ,secretary of ,agriculture4 ,b ,forestry #aajja4 ,national forest system restoration and fuels reduction projects 7a7 ,appropriations ,in addition to amounts otherwise available1 there are appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #aj1jjj1jjj1jjj for hazardous fuels reduction projects on ,national ,forest ,system land within the wildland-urban interface2 7#b7 #d1jjj1jjj1jjj for1 on a determination made solely by the ,secretary that hazardous fuels reduction projects within the wildland-urban interface described in paragraph 7#a7 have been planned to protect1 to the extent practicable1 at-risk communities1 hazardous fuels reduction projects on ,national ,forest ,system land outside the wildland-urban interface that are-- 7,a7 primarily noncommercial in nature1 provided that1 in accordance with the best available science1 the harvest of merchantable materials shall be ecologically appropriate for restoration and to enhance ecological health and function1 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 projects2 7,b7 collaboratively developed2 and 7,c7 carried out in a manner that enhances the ecological integrity and achieves the restoration of a forest ecosystem2 maximizes the retention of old-growth and large trees1 as appropriate for the forest type2 and prioritizes prescribed fire as the primary means to achieve modified wildland fire behavior2 7#c7 #a1jjj1jjj1jjj 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 7a71 7b71 and 7c7 of section #djjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc72 7#d7 #djj1jjj1jjj 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 plan2 7#e7 #djj1jjj1jjj for vegetation management projects on ,national ,forest ,system land that-- 7,a7 maintain1 or contribute toward the restoration of1 reference old growth characteristics1 including structure1 composition1 function1 and connectivity2 7,b7 prioritize small diameter trees and prescribed fire to modify fire behavior2 and 7,c7 maximize the retention of large trees1 as appropriate for the forest type2 7#f7 #dej1jjj1jjj for the ,legacy ,roads and ,trails program of the ,forest ,service2 7#g7 #cej1jjj1jjj for ,national ,forest ,system land management planning and monitoring1 prioritized on the assessment of watershed1 ecological1 and carbon conditions on ,national ,forest ,system land and the revision and amendment of older land management plans that present opportunities to protect1 maintain1 restore1 and monitor ecological integrity1 ecological conditions for at-risk species1 and carbon storage2 7#h7 #ajj1jjj1jjj for maintenance of trails on ,national ,forest ,system land1 with a priority on trails that provide to underserved communities access to ,national ,forest ,system land2 7#i7 #ajj1jjj1jjj for capital maintenance and improvements on ,national ,forest ,system land1 with a priority on maintenance level #c1 #d1 and #e roads and improvements that restore ecological integrity and conditions for at-risk species2 7#aj7 #ajj1jjj1jjj 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 #aifi 7#db ,u4,s4,c4 #dcba through #dcgjm-#ab72 7#aa7 #ej1jjj1jjj to develop and carry out activities and tactics for the protection of older and mature forests on ,national ,forest ,system land1 including completing an inventory of older and mature forests within the ,national ,forest ,system2 7#ab7 #ej1jjj1jjj 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 land2 7#ac7 #ej1jjj1jjj 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 logging2 and 7#ad7 #ej1jjj1jjj to develop and carry out nonlethal activities and tactics to reduce human-wildlife conflicts on ,national ,forest ,system land4 7b7 ,priority for funding ,for projects described in paragraphs 7#a7 through 7#e7 of subsection 7a71 the ,secretary shall prioritize for implementation projects-- 7#a7 for which an environmental assessment or an environmental impact statement required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba through #dcgjm-#ab7 has been completed2 7#b7 that are collaboratively developed2 or 7#c7 that include opportunities to restore sustainable recreation infrastructure or access or accomplish other recreation outcomes on ,national ,forest ,system lands1 if the opportunities are compatible with the primary restoration purposes of the project4 7c7 ,limitations ,none of the funds made available by this section may be used for any activity-- 7#a7 conducted in a wilderness area or wilderness study area2 7#b7 that includes the construction of a permanent road or permanent trail2 7#c7 that includes the construction of a temporary road1 except in the case of a temporary road that is decommissioned by the ,secretary not later than #c years after the earlier of-- 7,a7 the date on which the temporary road is no longer needed2 and 7,b7 the date on which the project for which the temporary road was constructed is completed2 7#d7 inconsistent with the applicable land management plan2 7#e7 inconsistent with the prohibitions of the rule of the ,forest ,service entitled ,special ,areas2 ,roadless ,area ,conservation 7#ff ,fed4 ,reg4 #cbdd 7,january #ab1 #bjja771 as modified by subparts ,c and ,d of part #bid of title #cf1 ,code of ,federal ,regulations2 or 7#f7 carried out on any land that is not ,national ,forest ,system land1 including other forested land on ,federal1 ,state1 ,tribal1 or private land4 7d7 ,definitions ,in this section3 7#a7 ,at-risk community ,the term at-risk community has the meaning given the term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7#b7 ,collaboratively developed ,the term collaboratively developed means1 with respect to a project located exclusively on ,national ,forest ,system land1 that the project is developed and implemented through a collaborative process that-- 7,a7 includes multiple interested persons representing diverse interests1 except such persons shall not be employed by the ,federal government or be representatives of foreign entities2 and 7,b7 7i7 is transparent and nonexclusive2 or 7ii7 meets the requirements for a resource advisory committee under subsections 7c7 through 7f7 of section #bje of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabe74 7#c7 ,decommission ,the term decommission means1 with respect to a road-- 7,a7 reestablishing native vegetation on the road2 7,b7 restoring any natural drainage1 watershed function1 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 contours2 and 7,c7 effectively blocking the road to vehicular traffic1 where feasible4 7#d7 ,ecological integrity ,the term ecological integrity has the meaning given the term in section #bai4ai of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#e7 ,hazardous fuels reduction project ,the term hazardous fuels reduction project means an activity1 including the use of prescribed fire1 to protect structures and communities from wildfire that is carried out on ,national ,forest ,system land4 7#f7 ,restoration ,the term restoration has the meaning given the term in section #bai4ai of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#g7 ,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 vegetation1 the use of prescribed fire1 the restoration of aquatic habitat1 or the decommissioning of an unauthorized1 temporary1 or system road4 7#h7 ,water source management plan ,the term water source management plan means a plan developed under section #cjc7;d77#a7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fedb7;d77#a774 7#i7 ,watershed protection and restoration action plan ,the term watershed protection and restoration action plan means a plan developed under section #cjd7;a77#c7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fedc7;a77#c774 7#aj7 ,wildland-urban interface ,the term wildland-urban interface has the meaning given the term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7e7 ,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 purposes4 7f7 ,cost-sharing requirement ,any partnership agreements1 including cooperative agreements and mutual interest agreements1 using funds made available under this section shall be subject to a non-,federal cost-share requirement of not less than #bj percent of the project cost1 which may be waived at the discretion of the ,secretary4 #aajjb4 ,non-,federal land forest restoration and fuels reduction projects and research 7a7 ,appropriations ,in addition to amounts otherwise available1 there are appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #b1jjj1jjj1jjj to award grants to ,tribal1 ,state1 or local governments or the government of the ,district of ,columbia1 regional organizations1 special districts1 or nonprofit organizations to support1 on non-,federal land1 forest restoration and resilience projects1 including projects to reduce the risk of wildfires and establish defensible space around structures within at-risk communities 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa772 7#b7 #a1jjj1jjj1jjj to award grants to ,tribal1 ,state1 or local governments or the government of the ,district of ,columbia1 regional organizations1 special districts1 or nonprofit organizations to implement community wildfire protection plans 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa77 in existence on the date of the enactment of this ,act1 purchase firefighting equipment1 provide firefighter training1 and increase the capacity for planning1 coordinating1 and monitoring projects on non-,federal land to protect at-risk communities 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa772 7#c7 #bej1jjj1jjj to award grants to ,tribal1 ,state1 or local governments or the government of the ,district of ,columbia1 regional organizations1 special districts1 or nonprofit organizations for projects on non-,federal land to aid in the recovery and rehabilitation of burned forested areas1 including reforestation2 7#d7 #age1jjj1jjj to award grants to ,tribal1 ,state1 or local governments or the government of the ,district of ,columbia1 regional organizations1 special districts1 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 groups2 7#e7 #aej1jjj1jjj for the ,state ,fire ,assistance and ,volunteer ,fire ,assistance programs established pursuant to section #aj7;b7 of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajf7;b77 to be distributed at the discretion of the ,secretary2 7#f7 #aej1jjj1jjj for the implementation of ,state-wide forest resource strategies under section #b;,a of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baja;a72 7#g7 #bej1jjj1jjj for the competitive grant program under section #ac;,a of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baji;a7 for providing through that program a cost share to carry out climate mitigation or forest resilience practices in the case of underserved forest landowners1 subject to the condition that subsection 7h7 of that section shall not apply2 7#h7 #bej1jjj1jjj for the competitive grant program under section #ac;,a of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baji;a7 for providing through that program grants to support the participation of underserved forest landowners in emerging private markets for climate mitigation or forest resilience1 subject to the condition that subsection 7h7 of that section shall not apply2 7#i7 #bej1jjj1jjj for the competitive grant program under section #ac;,a of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baji;a7 for providing through that program grants to support the participation of forest landowners who own less than #b1ejj acres of forest land in emerging private markets for climate mitigation or forest resilience1 subject to the condition that subsection 7h7 of that section shall not apply2 7#aj7 #ejj1jjj1jjj for the competitive grant program under section #ac;,a of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baji;a7 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 land1 that are determined by the ,secretary1 based on the best available science1 to provide measurable increases in carbon sequestration and storage beyond customary practices on comparable land1 subject to the conditions that-- 7,a7 those payments shall not preclude landowners from participation in other public and private sector financial incentive programs2 and 7,b7 subsection 7h7 of that section shall not apply2 7#aa7 #ej1jjj1jjj for the forest inventory and analysis program established under section #c7;e7 of the ,forest and ,rangeland ,renewable ,resources ,research ,act of #aigh 7#af ,u4,s4,c4 #afdb7;e77 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 change2 7#ab7 #ajj1jjj1jjj for the forest inventory and analysis program established under section #c7;e7 of the ,forest and ,rangeland ,renewable ,resources ,research ,act of #aigh 7#af ,u4,s4,c4 #afdb7;e77 to carry out recommendations from a panel of relevant experts convened by the ,secretary that has reviewed and1 based on the review1 issued recommendations regarding the current priorities and future needs of the forest inventory and analysis program with respect to climate change1 forest health1 sustainable wood products1 and increasing carbon storage in forests2 7#ac7 #ej1jjj1jjj for the forest inventory and analysis program established under section #c7;e7 of the ,forest and ,rangeland ,renewable ,resources ,research ,act of #aigh 7#af ,u4,s4,c4 #afdb7;e77 to provide enhancements to the technology managed and used by the forest inventory and analysis program1 including cloud computing and remote sensing for purposes such as small area estimation2 7#ad7 #gge1jjj1jjj to provide grants under the wood innovation grant program under section #hfdc of the ,agriculture ,improvement ,act of #bjah 7#g ,u4,s4,c4 #gfee;d71 including for the construction of new facilities that advance the purposes of the program1 subject to the conditions that the amount of such a grant shall be not more than #e1jjj1jjj2 notwithstanding subsection 7d7 of that section1 a recipient of such a grant shall provide funds equal to not less than #ej percent of the amount received under the grant1 to be derived from non-,federal sources2 and a priority shall be placed on projects that create a financial model for addressing forest restoration needs on public or private forest land2 and 7#ae7 #ej1jjj1jjj for the research mission area of the ,forest ,service to carry out greenhouse gas life cycle analyses of domestic wood products4 7b7 ,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 ,secretary1 authorized in subsection 7a7 on non-,federal land upon the request of the ,governor of that ,state1 or1 in the case of the ,district of ,columbia1 the ,mayor4 7c7 ,cost-sharing requirement ,any partnership agreements1 including cooperative agreements and mutual interest agreements1 using funds made available under this section shall be subject to a non-,federal cost-share requirement of not less than #bj percent of the project cost1 which may be waived at the discretion of the ,secretary4 7d7 ,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 purposes4 #aajjc4 ,state and private forestry conservation programs 7a7 ,appropriations ,in addition to amounts otherwise available1 there are appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #a1bej1jjj1jjj to provide competitive grants to ,states through the ,forest ,legacy ,program established under section #g of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;c7 to acquire land and interests in land1 with priority given to grant applications that offer significant natural carbon sequestration benefits1 contribute to the resilience of community infrastructure1 local economies1 or natural systems1 or provide benefits to underserved populations2 7#b7 #b1ejj1jjj1jjj to provide multi-year1 programmatic1 competitive grants to a ,state agency1 a local governmental entity1 and agency or governmental entity of the ,district of ,columbia1 an ,indian ,tribe1 or a nonprofit organization through the ,urban and ,community ,forestry ,assistance program established under section #i7;c7 of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baje7;c77 for tree planting and related activities to increase tree equity and community tree canopy and associated societal and climate co-benefits1 with a priority for projects that benefit underserved populations2 and 7#c7 #ajj1jjj1jjj for the acquisition of urban and community forests through the ,community ,forest and ,open ,space ,program of the ,forest ,service4 7b7 ,waiver ,any non-,federal cost-share requirement otherwise applicable to projects carried out under this section may be waived at the discretion of the ,secretary4 #aajjd4 ,limitation ,the funds made available under this subtitle are subject to the condition that the ,secretary shall not-- 7#a7 enter into any agreement-- 7,a7 that is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 or 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under this subtitle4 #aajje4 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj to remain available until ,september #cj1 #bjca1 for administrative costs of the agencies and offices of the ,department of ,agriculture for costs related to implementing this subtitle4 ,c ,rural development and agricultural credit and outreach #a ,rural development #abjja4 ,additional support for ,,usda rural water programs ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 and notwithstanding sections #cha;,e through #cha;,h and #cha,n of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjji;d through #bjji;g and #bjjim71 #ig1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the cost of grants for rural water and waste water programs authorized by sections #cjf1 #cjf;,c1 and #cjf;,d and described in sections #cjf;,c7a77#b7 and #cjf;,d of the ,consolidated ,farm and ,rural ,development ,act in persistent poverty counties 7or1 notwithstanding any population limits specified in section #cdc of the ,consolidated ,farm and ,rural ,development ,act1 a county seat of a persistent poverty county with a population that does not exceed the authorized population limit by more than #aj percent71 ,tribal lands1 colonias1 and insular areas1 subject to the condition that the performance of any construction work completed with amounts provided under this section meet the condition described in section #ijjc7;f7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajc7;f774 #abjjb4 ,,usda rural water grants for lead remediation ,in addition to amounts otherwise made available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated and notwithstanding sections #cha;,e through #cha;,h and #cha,n of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjji;d through #bjji;g and #bjjim71 #igj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 notwithstanding section #cjf;,c7a77#b77;,a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf;c7a77#b77;,a771 for grants under sections #cjf;,c7a77#a77;,a7 and #cjf7;a77#b7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf;c7a77#a77;,a7 and #aibf7;a77#b77 for the purpose of replacement of service lines that contain lead1 subject to the condition that the performance of any construction work completed with amounts provided under this section meet the condition described in section #ijjc7;f7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajc7;f774 #abjjc4 ,additional funding for electric loans for renewable energy 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1hhj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the cost of loans under section #cag of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #idj;g71 including for projects that store electricity that supports the types of eligible projects under such section1 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 ,secretary1 subject to the condition that the performance of any construction work completed with amounts provided under this section meet the condition described in section #ijjc7;f7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajc7;f774 7b7 ,limitation ,the ,secretary shall not enter into any loan agreement pursuant to this section that could result in disbursements after ,september #cj1 #bjca4 #abjjd4 ,rural energy savings program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out section #fdjg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg;a7 and this section1 subject to the condition that the performance of any construction work completed with amounts provided under this section meet the condition described in section #ijjc7;f7 of such ,act 7#g ,u4,s4,c4 #hajc7;f774 7b7 ,use of funds 7#a7 ,in general ,except as provided in paragraph 7#b7 of this subsection1 at the election of an eligible entity 7as defined in section #fdjg7;b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg;a7b777 to which a loan is made under section #fdjg7;c7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg;a7c771 the ,secretary shall make a grant to the eligible entity in an amount equal to not more than #e percent of the loan amount for the purposes of costs incurred in-- 7,a7 applying for a loan received under section #fdjg7;c7 of such ,act2 7,b7 making a loan under section #fdjg7;d7 of such ,act2 7,c7 making repairs to the property of a qualified consumer that facilitate the energy efficiency measures for the property financed through a loan under section #fdjg7;d7 of such ,act2 7,d7 entering into a contract under section #fdjg7;e7 of such ,act2 or 7,e7 carrying out the duties of an eligible entity under section #fdjg of such ,act4 7#b7 ,persistent poverty counties ,in the case that the grant is for the purpose of making a loan under section #fdjg7;d7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg;a7d77 to a qualified consumer 7as defined in section #fdjg7;b7 of such ,act7 in a persistent poverty county 7as determined by the ,secretary71 the percentage limitation in paragraph 7#a7 of this subsection shall be #aj percent4 7c7 ,limitation ,the ,secretary shall not enter into any loan agreement pursuant to this section that could result in disbursements after ,september #cj1 #bjca1 or any grant agreement pursuant to this section that could result in any outlays after ,september #cj1 #bjca4 #abjje4 ,rural ,energy for ,america ,program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 out of any money in the ,treasury not otherwise appropriated1 for eligible projects under section #ijjg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7 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 #ijjc7;f7 of such ,act1 and notwithstanding section #ijjg7;c77#c77;,a7 of such ,act1 the amount of a grant shall not exceed #ej percent of the cost of the activity carried out using the grant funds-- 7#a7 #hbj1bej1jjj for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca2 and 7#b7 #ahj1bgf1ejj for each of fiscal years #bjbc through #bjbg1 to remain available until ,september #cj1 #bjca4 7b7 ,underutilized renewable energy technologies ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 out of any money in the ,treasury not otherwise appropriated1 to provide grants and loans guaranteed by the ,secretary 7including the costs of such loans7 under the program described in subsection 7a7 of this section relating to underutilized renewable energy technologies1 and to provide technical assistance for applying to the program described in subsection 7a7 of this section1 including for underutilized renewable energy technologies1 subject to the conditions that the performance of any construction work completed with amounts provided under this subsection meet the condition described in section #ijjc7;f7 of such ,act and1 notwithstanding section #ijjg7;c77#c77;,a7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7;c77#c77;,a771 the amount of a grant shall not exceed #ej percent of the cost of the activity carried out using the grant funds1 and to the extent the following amounts remain available at the end of each fiscal year1 the ,secretary shall use such amounts in accordance with subsection 7a7 of this section-- 7#a7 #add1gej1jjj for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca2 and 7#b7 #ca1hac1ejj for each of fiscal years #bjbc through #bjbg1 to remain available until ,september #cj1 #bjca4 7c7 ,limitation ,the ,secretary shall not enter into any loan agreement pursuant to this section that could result in disbursements after ,september #cj1 #bjca or any grant agreement pursuant to this section that could result in any outlays after ,september #cj1 #bjca4 #abjjf4 ,biofuel infrastructure and agriculture product market expansion 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ifj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out this section4 7b7 ,use of funds ,the ,secretary shall use the amounts made available by subsection 7a7 to provide grants1 for which the ,federal share shall be not more than #ge percent of the total cost of carrying out a project for which the grant is provided1 on a competitive basis1 to transportation fueling facilities and distribution facilities1 including fueling stations1 convenience stores1 hypermarket retailer fueling stations1 fleet facilities1 as well as fuel terminal operations1 mid-stream partners1 and heating oil distribution facilities or equivalent entities1 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 #ijjc7;f7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajc7;f77-- 7#a7 to install1 retrofit1 or otherwise upgrade fuel dispensers or pumps and related equipment1 storage tank system components1 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 #bjbj1 published in volume #he of the ,federal ,register 7#he ,fed4 ,reg4 #bffef71 as determined by the ,secretary2 and 7#b7 to build and retrofit distribution systems for ethanol blends1 traditional and pipeline biodiesel terminal operations 7including rail lines71 and home heating oil distribution centers or equivalent entities-- 7,a7 to blend biodiesel2 and 7,b7 to carry ethanol and biodiesel4 7c7 ,limitation ,the ,secretary may not limit the amount of funding an eligible entity may receive under this section4 #abjjg4 ,,usda assistance for rural electric cooperatives 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #i1gjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the long-term resiliency1 reliability1 and affordability of rural electric systems1 by providing to an eligible entity 7defined as an electric cooperative described in section #eja7;c77#ab7 or #acha7;a77#b7 of the ,internal ,revenue ,code of #aihf and is or has been a ,rural ,utilities ,service electric loan borrower pursuant to the ,rural ,electrification ,act of #aicf or serving a predominantly rural area7 assistance under paragraphs 7#a7 and 7#b7 by awarding such assistance to eligible entities for purposes described in section #caj;,b7a77#b77;,c7 of the ,consolidated ,farm and ,rural ,development ,act 7provided that the term renewable energy system in that paragraph has the meaning given such term in section #ijja7af7 of the ,farm ,security and ,rural ,investment ,act of #bjjb7 and for carbon capture and storage systems1 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 7as determined by the ,secretary71 subject to the condition that any construction work completed with amounts provided under this section shall meet the condition described in section #ijjc7;f7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajc7;f771 when-- 7#a7 making grants and loans 7including the cost of loans and modifications thereof7 to purchase renewable energy 7as defined in section #ijja7ae7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haja7ae7771 purchase renewable energy systems 7as defined in section #ijja7af7 of that ,act 7#g ,u4,s4,c4 #haja7af7771 and carbon capture and storage systems1 deploy such systems1 or make energy efficiency improvements after the date of enactment of this ,act2 and 7#b7 making grants for debt relief and other costs associated with terminating1 after the date of enactment of this ,act or up to one year prior to the date of enactment1 the use of-- 7,a7 facilities operating on nonrenewable energy2 and 7,b7 related transmission assets4 7b7 ,limitation ,no eligible entity may receive an amount equal to more than #aj percent of the total amount made available by this section4 7c7 ,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 purposes4 #abjjh4 ,rural partnership program 7a7 ,rural prosperity development grants 7#a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #hgc1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to provide grants to support rural development under this subsection1 subject to the condition that the recipient of a grant under this subsection shall contribute a non-,federal match of #be percent of the amount of the grant1 which may be satisfied through an in-kind contribution1 except that the ,secretary may waive such matching requirement on a finding that the recipient of the applicable grant is economically distressed4 7#b7 ,allocation of funds 7,a7 ,formula ,the ,secretary shall establish a formula pursuant to which the ,secretary shall allocate1 for each ,state and for ,tribal governments1 an amount to be provided under this subsection to eligible applicants described in paragraph 7#c74 7,b7 ,requirements 7i7 ,formula ,the formula established under subparagraph 7,a7 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 governments1 with higher amounts provided based on lower populations and lower income levels1 as determined by the ,secretary4 7ii7 ,award ,in awarding grants under this subsection to eligible applicants in each ,state and eligible applicants of ,tribal governments1 the ,secretary shall give priority to eligible applicants representing a micropolitan statistical area 7as defined by the ,office of ,management and ,budget in ,,omb ,bulletin ,no4 #bj-ja 7effective ,march #bjbj7 and any subsequent updates7 and #a or more rural areas contiguous to that micropolitan statistical area or eligible applicants representing high poverty areas 7as determined by the ,secretary7 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 subsection4 7#c7 ,eligible applicants ,the ,secretary may make a grant under this subsection to a partnership no member of which has received a grant under subsection 7b7 and that-- 7,a7 is composed of entities representing a region composed of #a or more rural areas1 including-- 7i7 except as provided in subparagraph 7,b71 #a or more of-- 7,i7 a unit of local government2 7,,ii7 a ,tribal government2 or 7,,iii7 an authority1 agency1 or instrumentality of an entity described in subclauses 7,i7 or 7,,ii72 and 7ii7 a qualified nonprofit or for-profit organization1 as determined by the ,secretary2 7,b7 does not include a member described in subparagraph 7,a77i71 but demonstrates significant community support sufficient to support a likelihood of success on the proposed projects1 as determined by the ,secretary2 and 7,c7 demonstrates1 as determined by the ,secretary1 cooperation among the members of the partnership necessary to complete comprehensive rural development1 through aligning government investment1 leveraging nongovernmental resources1 building economic resilience1 and aiding economic recovery1 including in communities impacted by economic transitions and climate change4 7#d7 ,eligible activities ,the use of grant funds provided under this subsection may be used for the following purposes1 provided that1 where applicable1 the performance of any construction work completed with the grant funds shall meet the condition described in section #ijjc7;f7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajc7;f773 7,a7 ,conducting comprehensive rural development and pre-development activities and planning4 7,b7 ,supporting organizational operating expenses relating to the rural development activities for which the grant was provided4 7,c7 ,implementing planned rural development activities and projects4 7#e7 ,limitation ,not more than #be percent of amounts received by a recipient of a grant under this subsection may be used to satisfy a ,federal matching requirement4 7b7 ,rural prosperity innovation grants ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ig1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to provide grants to entities that have not received a grant under subsection 7a7 and that is a qualified nonprofit corporation that serves rural areas 7as determined by the ,secretary7 or an institution of higher education that serves rural areas 7as determined by the ,secretary71 subject to the condition that the recipient of such grant shall contribute a non-,federal match of #bj percent of the amount of the grant1 which may be used-- 7#a7 to support activities of the recipient relating to-- 7,a7 development and predevelopment planning aspects of rural development2 and 7,b7 organizational capacity-building necessary to support the rural development activities funded by the grant2 and 7#b7 to support the recipient of a grant under subsection 7a7 in carrying out activities for which that grant was provided4 7c7 ,definitions ,in this section3 7#a7 ,rural area ,the term rural area has the meaning given the term in section #cdc7;a77#ac77;,c7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a77#ac77;,c774 7#b7 ,state ,the term ,state has the meaning given the term in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc74 #abjji4 ,additional ,,usda rural development administrative funds ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #eec1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 part4 #b ,agricultural credit and outreach #abaja4 ,assistance for certain farm loan borrowers ,section #ajje of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b7 is amended to read as follows3 #ajje4 ,assistance for certain farm loan borrowers 7a7 ,appropriations ,in addition to amounts otherwise available1 there are appropriated to the ,secretary for fiscal year #bjbb1 out of amounts in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 such sums as may be necessary for the cost of payments under subsection 7b72 and 7#b7 #a1jbj1jjj1jjj to provide payments or loan modifications or otherwise carry out the authorities under section #cca7;b77#d7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiha7;b77#d771 using a centralized process administered from the national office1 for ,farm ,service ,agency direct loan and loan guarantee borrowers1 focusing on borrowers who are at risk 7as determined by the ,secretary of ,agriculture using factors that may include whether the borrower is a limited resource farmer or rancher1 the amount of payments received by the borrower during calendar years #bjbj and #bjba under the ,coronavirus ,food ,assistance ,program of the ,department of ,agriculture1 and other factors1 as determined by the ,secretary74 7b7 ,payments 7#a7 ,in general ,the ,secretary shall provide a payment in an amount up to #ajj percent of the outstanding indebtedness of each economically distressed borrower on eligible farm debt4 7#b7 ,other payments 7,a7 ,in general ,for each farmer and rancher with outstanding indebtedness on eligible farm debt that does not qualify for a payment under paragraph 7#a71 the ,secretary shall provide a payment that is equal to1 subject to subparagraph 7,b71 the lesser of-- 7i7 the amount of the outstanding indebtedness of the farmer or rancher on eligible farm debt2 and 7ii7 #aej1jjj4 7,b7 ,reduction ,a payment determined under subparagraph 7,a7 shall be reduced by the amount equal to the sum obtained by adding-- 7i7 the total of the payments received by the farmer or rancher during calendar year #bjbj pursuant to the ,coronavirus ,food ,assistance ,program of the ,department of ,agriculture2 and 7ii7 the total of the payments received by the farmer or rancher during calendar years #bjah and #bjai pursuant to the ,market ,facilitation ,program of the ,department of ,agriculture4 7c7 ,definitions ,in this section3 7#a7 ,economically distressed borrower ,the term economically distressed borrower means a farmer or rancher that1 as determined by the ,secretary-- 7,a7 was #ij days or more delinquent with respect to an eligible farm debt as of ,april #cj1 #bjba2 7,b7 was #ij days or more delinquent with respect to an eligible farm debt as of ,december #ca1 #bjbj2 7,c7 operates a farm or ranch whose headquarters of operation1 as determined by the ,secretary1 location is-- 7i7 in a county with a poverty rate of not less than #bj percent1 as determined-- 7,i7 in the #aiij or #bjjj decennial census2 or 7,,ii7 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 ,s4 ,con4 ,res4 #ad2 7ii7 in a ,,zip ,code with a poverty rate of not less than #bj percent1 as determined by the ,secretary2 or 7iii7 on land held in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7,d7 owes more interest than principal with respect to an eligible farm debt as of ,july #ca1 #bjba2 7,e7 is undergoing bankruptcy or foreclosure or is in other financially distressed categories1 as determined by the ,secretary1 as of ,july #ca1 #bjba2 7,f7 received a ,department of ,agriculture disaster set aside after ,january #a1 #bjbj2 7,g7 has restructured an eligible farm debt #c or more times as of ,july #ca1 #bjba2 or 7,h7 has restructured an eligible farm debt on or after ,january #a1 #bjbj4 7#b7 ,eligible farm debt 7,a7 ,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 ,a1 ,b1 or ,c of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibb through #aigj7 and was outstanding or otherwise not paid as of ,december #ca1 #bjbj1 or ,july #ca1 #bjba4 7,b7 ,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 ,secretary1 but no sooner than the date of enactment of the ,act entitled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con ,res4 #ad1 plus the total of all loan payments on eligible farm debt made by the borrower in calendar year #bjba4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7d7 ,limitation ,the ,secretary shall not enter into any loan agreement pursuant to this section that could result in disbursements after ,september #cj1 #bjca or any grant agreement pursuant to this section that could result in any outlays after ,september #cj1 #bjca4 4 #abajb4 ,,usda assistance and support for underserved farmers1 ranchers1 and foresters ,section #ajjf of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b7 is amended to read as follows3 #ajjf4 ,,usda assistance and support for underserved farmers1 ranchers1 foresters 7a7 ,technical and other assistance ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj to provide outreach1 mediation1 financial training1 capacity building training1 cooperative development and agricultural credit training and support1 and other technical assistance on issues concerning food1 agriculture1 agricultural credit1 agricultural extension1 rural development1 or nutrition to underserved farmers1 ranchers1 or forest landowners1 including veterans1 limited resource producers1 beginning farmers and ranchers1 and farmers1 ranchers1 and forest landowners living in high poverty areas4 7b7 ,land loss assistance ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj to provide grants and loans to eligible entities1 as determined by the ,secretary1 to improve land access 7including heirs' property and fractionated land issues7 for underserved farmers1 ranchers1 and forest landowners1 including veterans1 limited resource producers1 beginning farmers and ranchers1 and farmers1 ranchers1 and forest landowners living in high poverty areas4 7c7 ,equity commissions ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj 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 ,agriculture4 7d7 ,research1 education1 and extension ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #ahi1jjj1jjj to support and supplement agricultural research1 education1 and extension1 as well as scholarships and programs that provide internships and pathways to agricultural sector or ,federal employment1 for #ahij ,institutions 7as defined in section #b of the ,agricultural1 ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfja771 #aiid ,institutions 7as defined in section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb771 ,alaska ,native serving institutions and ,native ,hawaiian serving institutions eligible to receive grants under subsections 7a7 and 7b71 respectively1 of section #adai;,b of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #caef71 ,hispanic-serving institutions eligible to receive grants under section #adee of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cbda71 and the insular area institutions of higher education located in the territories of the ,united ,states1 as referred to in section #adhi of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccfa74 7e7 ,discrimination financial assistance ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #gej1jjj1jjj for a program to provide financial assistance to farmers1 ranchers1 or forest landowners determined to have experienced discrimination prior to ,january #a1 #bjba1 in ,department of ,agriculture farm lending programs1 under which the amount of financial assistance provided to a recipient may be not more than #ejj1jjj as appropriate in relation to any consequences experienced from the discrimination1 which program shall be administered through #a or more qualified nongovernmental entities selected by the ,secretary subject to standards set and enforced by the ,secretary1 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 #e years after the date of enactment of the ,act entitled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 and any such returned funds shall be available for obligation for any activity authorized under this section1 except subsections 7c7 and 7f74 7f7 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #ce1jjj1jjj for administrative costs1 including training employees1 of the agencies and offices of the ,department of ,agriculture to carry out this section4 7g7 ,limitation ,the funds made available under subsection 7d7 are subject to the condition that the ,secretary shall not-- 7#a7 enter into any agreement-- 7,a7 that is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 or 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under subsection 7d74 4 ,d ,research and ,urban ,agriculture #acjja4 ,department of ,agriculture research funding 7a7 ,appropriations ,in addition to amounts otherwise available1 there are appropriated to the ,secretary1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 to the ,national ,agricultural ,statistics ,service1 for measurements1 a survey1 and data collection to conduct the study required under section #gbab7;b7 of the ,agriculture ,improvement ,act of #bjah 7,public ,law #aae-ccd2 #acb ,stat4 #dhab71 which shall be completed not later than ,december #ca1 #bjbb1 #e1jjj1jjj for fiscal year #bjbb2 7#b7 to the ,national ,institute of ,food and ,agriculture-- 7,a7 to fund agricultural education1 extension1 and research relating to climate change-- 7i7 through the ,agriculture and ,food ,research ,initiative established by subsection 7b7 of the ,competitive1 ,special1 and ,facilities ,research ,grant ,act 7#g ,u4,s4,c4 #caeg7;b771 #baj1jjj1jjj for fiscal year #bjbb2 7ii7 through the sustainable agriculture research education program established under sections #afai1 #afba1 #afbb1 #afbh1 and #afbi of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ehja1 #ehaa1 #ehab1 #ehca1 #ehcb71 #abj1jjj1jjj for fiscal year #bjbb2 7iii7 through the organic agriculture research and extension initiative established under section #afgb;,b of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibe;b71 #fj1jjj1jjj for fiscal year #bjbb2 7iv7 through the urban1 indoor1 and other emerging agricultural production research1 education1 and extension initiative established under section #afgb;,e of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibe;g71 #e1jjj1jjj for fiscal year #bjbb2 7v7 through the centers of excellence led by #ahij ,institutions established under section #afgc7;d7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibf7;d771 #e1jjj1jjj for fiscal year #bjbb2 7vi7 through the specialty crop research and extension initiative established by section #dab of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfcb71 #fj1jjj1jjj for fiscal year #bjbb2 7vii7 through the cooperative extension under the ,smith-,lever ,act 7#g ,u4,s4,c4 #cda through #cdi7 for agricultural extension activities and research relating to climate change1 technical assistance1 and technology adoption1 #hj1jjj1jjj for fiscal year #bjbb2 7viii7 through the cooperative extension at #aiid ,institutions in accordance with section #c7;b77#c7 of the ,smith-,lever ,act 7#g ,u4,s4,c4 #cdc7;b77#c771 #ce1jjj1jjj for fiscal year #bjbb2 and 7ix7 through the cooperative extension at #ahij ,institutions under section #addd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cbba71 #dj1jjj1jjj for fiscal year #bjbb2 7,b7 for grants to covered institutions for construction1 alteration1 acquisition1 modernization1 renovation1 or remodeling of agricultural research facilities1 including related building costs associated with compliance with applicable ,federal and ,state law1 under section #d of the ,research ,facilities ,act 7#g ,u4,s4,c4 #cij;b71 #a1jjj1jjj1jjj for fiscal year #bjbb1 subject to the condition that notwithstanding section #c7;c77#b77;,a7 of that ,act 7#g ,u4,s4,c4 #cij;a7c77#b77;,a771 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 subparagraph2 7,c7 for the scholarships for students at #ahij ,institutions grant program under section #addf of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cbbb;a71 #ajj1jjj1jjj for fiscal year #bjbb1 to carry out such program in fiscal years #bjbd through #bjca2 7,d7 for grants to land-grant colleges and universities to support ,tribal students under section #adej of that ,act 7#g ,u4,s4,c4 #cbbb;e71 #ae1jjj1jjj for fiscal year #bjbb1 and for purposes of this subparagraph1 section #adej7;b77#d7 of such ,act shall not apply2 and 7,e7 for the ,higher ,education ,multicultural ,scholars ,program carried out pursuant to section #adag of that ,act 7#g ,u4,s4,c4 #caeb71 #ae1jjj1jjj for fiscal year #bjbb2 7#c7 to the ,office of the ,chief ,scientist1 to carry out advanced research and development relating to climate through the ,agriculture ,advanced ,research and ,development ,authority to further the goals under section #adgc;,h7b77#b7 of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccaik7b77#b771 #cj1jjj1jjj for fiscal year #bjbb2 7#d7 to the ,foundation for ,food and ,agriculture ,research1 to carry out activities relating to climate change in accordance with section #gfja of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #eici71 to be considered as provided pursuant to subsection 7g77#a77;,a7 of such section1 #baj1jjj1jjj for fiscal year #bjbb2 7#e7 to the ,office of ,urban ,agriculture and ,innovative ,production1 to carry out activities in accordance with section #bbb of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fibc71 #aj1jjj1jjj for fiscal year #bjbb4 7b7 ,definitions ,in this section3 7#a7 ,covered institution ,the term covered institution means-- 7,a7 an #ahij ,institution 7as defined in section #b of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfja772 7,b7 a #aiid ,institution 7as defined in section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb772 7,c7 an ,alaska ,native serving institution or ,native ,hawaiian serving institution eligible to receive grants under subsections 7a7 and 7b71 respectively1 of section #adai;,b of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #caef72 7,d7 ,hispanic-serving agricultural colleges and universities and ,hispanic-serving institutions 7as those terms are defined in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc772 7,e7 an eligible institution 7as defined in section #adhi of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccfa7 7relating to institutions of higher education in insular areas772 and 7,f7 the ,university of the ,district of ,columbia established pursuant to the ,act of ,july #b1 #ahfb 7commonly known as the ,first ,morrill ,act7 7#g ,u4,s4,c4 #cja through #cji74 7#b7 ,state ,the term ,state has the meaning given the term in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc74 #acjjb4 ,limitation ,the funds made available under this subtitle are subject to the condition that the ,secretary shall not-- 7#a7 enter into any agreement-- 7,a7 that is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 or 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under this subtitle4 ,e ,miscellaneous #adjja4 ,additional ,support for ,,usda ,office of the ,inspector ,general ,in addition to amounts otherwise made available1 there is appropriated to the ,office of the ,inspector ,general of the ,department of ,agriculture for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj to remain available until ,september #cj1 #bjca1 for audits1 investigations1 and other oversight activities of projects and activities carried out with funds made available to the ,department of ,agriculture under this title4 #adjjb4 ,additional support for ,farmworker and ,food ,worker ,relief ,grant ,program ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb to remain available until ,september #cj1 #bjca1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj 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-#ai assistance relief payments for frontline grocery workers4 ,f ,conservation #aejja4 ,soil conservation assistance 7a7 ,appropriation ,in addition to amounts otherwise available1 there are appropriated to the ,secretary of ,agriculture 7referred to in this section as the ,secretary7 for each of fiscal years #bjbb through #bjbh1 out of any money in the ,treasury not otherwise appropriated1 such sums as are necessary to carry out this section1 to remain available until expended1 subject to the conditions that1 for purposes of providing payments under subsections 7b71 7c71 and 7d71 the ,secretary shall not-- 7#a7 enter into any agreement-- 7,a7 that is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under this section2 or 7#c7 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 purposes4 7b7 ,availability of payments to producers 7#a7 ,in general ,of the funds made available under subsection 7a71 for each of the #bjbb through #bjbf crop years1 the ,secretary shall make payments to the producers on a farm for which the producer establishes #a or more cover crop practices with respect to the applicable crop year1 as determined by the ,secretary1 in accordance with this subsection1 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 acres4 7#b7 ,payment rate ,the payment rate used to make payments with respect to a producer who establishes #a or more cover crop practices under paragraph 7#a7 shall be #be per acre of cover crop established4 7#c7 ,acres established ,the acres for which a producer receives the payment rate under paragraph 7#b7 shall be equal to the total number of acres on which the producer establishes #a or more cover crop practices1 not to exceed #a1jjj acres per producer4 7c7 ,availability of payments to farm owners 7#a7 ,in general ,of the funds made available under subsection 7a71 for each of the #bjbb through #bjbf crop years1 the ,secretary shall make payments to the owners of a farm with respect to which a producer establishes #a or more cover crop practices pursuant to subsection 7b71 in accordance with this subsection1 subject to the condition that an owner of a farm may not receive a payment under this subsection and subsection 7b7 for the same farm or acres1 as determined by the ,secretary4 7#b7 ,payment rate ,the payment rate used to make payments under paragraph 7#a7 with respect to the owner of a farm shall be #e per acre of cover crop established4 7#c7 ,acres established ,the acres for which the owner of a farm receives the payment rate under paragraph 7#b7 shall be equal to the total number of acres for which the applicable producer establishes #a or more cover crop practices1 not to exceed #a1jjj acres per owner4 7d7 ,availability of payments for prevented planting 7#a7 ,in general ,of the funds made available under subsection 7a7 and in addition to any other payments or assistance1 for the #bjbb through #bjbf crop years1 the ,secretary shall make payments in accordance with this subsection to producers on farms who establish #a or more cover crop practices pursuant to subsection 7b74 7#b7 ,requirements ,to receive a payment under this subsection1 a producer-- 7,a7 shall have-- 7i7 purchased a crop insurance policy or plan of insurance under section #ejh7;c7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh7;c77 for the applicable crop year following the establishment of the cover crop practice1 as determined by the ,secretary2 7ii7 established a cover crop practice pursuant to subsection 7b7 on the farm for which the insurance described in clause 7i7 was purchased1 as determined by the ,secretary2 and 7iii7 been unable to plant the crop for which insurance was purchased2 and 7,b7 as determined by the ,secretary1 shall not-- 7i7 harvest the cover crop for market or sale2 7ii7 harvest the cover crop for seed for purposes of marketing or sale1 except that a quantity may be harvested for seed for on-farm usage only2 or 7iii7 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 section4 7#c7 ,payment amount ,the ,secretary shall make payments to producers under this subsection in an amount equal to the product obtained by multiplying-- 7,a7 the total number of acres for which the producer is eligible to receive a payment under this subsection2 and 7,b7 the difference between-- 7i7 #ajj percent of the prevented planting guarantee1 calculated without regard to the establishment of the cover crop practices pursuant to subsection 7b71 applicable for the insurance policy purchased by the producer under section #ejh;,a of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aejh;a71 as determined by the ,secretary2 and 7ii7 the prevented planting indemnity payment received by the producer under that section and the policy purchased by the producer for the applicable crop1 as determined by the ,secretary4 #aejjb4 ,additional agricultural conservation investments 7a7 ,appropriations ,in addition to amounts otherwise available 7and subject to subsection 7b771 there are appropriated to the ,secretary of ,agriculture 7referred to in this section as the ,secretary71 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca 7subject to the condition that no such funds may be disbursed after ,september #cj1 #bjca7-- 7#a7 to carry out1 using the facilities and authorities of the ,commodity ,credit ,corporation1 the environmental quality incentives program under subchapter ,a of chapter #d of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa through #chci;aa-#h7-- 7,a7 7i7 #cjj1jjj1jjj for fiscal year #bjbb2 7ii7 #ejj1jjj1jjj for fiscal year #bjbc2 7iii7 #a1gej1jjj1jjj for fiscal year #bjbd2 7iv7 #c1jjj1jjj1jjj for fiscal year #bjbe2 and 7v7 #c1dej1jjj1jjj for fiscal year #bjbf2 and 7,b7 subject to the conditions on the use of the funds that-- 7i7 section #abdj;,b7f77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7;f77#a77 shall not apply2 7ii7 section #abdj;,h7c77#b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#h7;c77#b77 shall be applied-- 7,i7 by substituting #ej1jjj1jjj for #be1jjj1jjj2 and 7,,ii7 with the ,secretary prioritizing proposals that utilize diet and feed management to reduce enteric methane emissions from ruminants2 7iii7 the funds shall be available for #a or more agricultural conservation practices or enhancements that the ,secretary determines directly improve soil carbon or reduce nitrogen losses or greenhouse gas emissions1 or capture or sequester greenhouse gas emissions1 associated with agricultural production2 and 7iv7 the ,secretary shall prioritize projects and activities that mitigate or address climate change through the management of agricultural production1 including by reducing or avoiding greenhouse gas emissions2 7#b7 to carry out1 using the facilities and authorities of the ,commodity ,credit ,corporation1 the conservation stewardship program under subchapter ,b of that chapter 7#af ,u4,s4,c4 #chci;aa-#ba through #chci;aa-#be7-- 7,a7 7i7 #bej1jjj1jjj for fiscal year #bjbb2 7ii7 #ejj1jjj1jjj for fiscal year #bjbc2 7iii7 #hej1jjj1jjj for fiscal year #bjbd2 7iv7 #a1jjj1jjj1jjj for fiscal year #bjbe2 and 7v7 #a1ejj1jjj1jjj for fiscal year #bjbf2 and 7,b7 subject to the conditions on the use of the funds that-- 7i7 the funds shall only be available for-- 7,i7 #a or more agricultural conservation practices or enhancements that the ,secretary determines directly improve soil carbon or reduce nitrogen losses or greenhouse gas emissions1 or capture or sequester greenhouse gas emissions1 associated with agricultural production2 or 7,,ii7 ,state-specific or region-specific groupings or bundles of agricultural conservation activities for climate change mitigation appropriate for cropland1 pastureland1 rangeland1 nonindustrial private forest land1 and producers transitioning to organic or perennial production systems2 and 7ii7 the ,secretary shall prioritize projects and activities that mitigate or address climate change through the management of agricultural production1 including by reducing or avoiding greenhouse gas emissions2 7#c7 to carry out1 using the facilities and authorities of the ,commodity ,credit ,corporation1 the agricultural conservation easement program under subtitle ,h of title ,,xii of that ,act 7#af ,u4,s4,c4 #chfe through #chfe;d7-- 7,a7 7i7 #ajj1jjj1jjj for fiscal year #bjbb2 7ii7 #bjj1jjj1jjj for fiscal year #bjbc2 7iii7 #cjj1jjj1jjj for fiscal year #bjbd2 7iv7 #ejj1jjj1jjj for fiscal year #bjbe2 and 7v7 #fjj1jjj1jjj for fiscal year #bjbf2 and 7,b7 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 production1 including by reducing or avoiding greenhouse gas emissions2 and 7#d7 to carry out1 using the facilities and authorities of the ,commodity ,credit ,corporation1 the regional conservation partnership program under subtitle ,i of title ,,xii of that ,act 7#af ,u4,s4,c4 #chga through #chga;f7-- 7,a7 7i7 #bjj1jjj1jjj for fiscal year #bjbb2 7ii7 #ejj1jjj1jjj for fiscal year #bjbc2 7iii7 #a1ejj1jjj1jjj for fiscal year #bjbd2 7iv7 #b1bej1jjj1jjj for fiscal year #bjbe2 and 7v7 #c1jej1jjj1jjj for fiscal year #bjbf2 and 7,b7 subject to the conditions on the use of the funds that the ,secretary-- 7i7 shall prioritize partnership agreements under section #abga;,c7d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;c7d77 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 emissions1 or capturing or sequestering greenhouse gas emissions1 associated with agricultural production2 7ii7 shall prioritize projects and activities that mitigate or address climate change through the management of agricultural production1 including by reducing or avoiding greenhouse gas emissions2 and 7iii7 may prioritize projects that-- 7,i7 leverage corporate supply chain sustainability commitments2 or 7,,ii7 utilize models that pay for outcomes from targeting methane and nitrous oxide emissions associated with agricultural production systems4 7b7 ,conditions ,the funds made available under this section are subject to the conditions that the ,secretary shall not-- 7#a7 enter into any agreement-- 7,a7 that is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 or 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under this section4 7c7 ,conforming amendments 7#a7 ,section #abdj;,b of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#b7 is amended-- 7,a7 in subsection 7a71 by striking #bjbc and inserting #bjca2 and 7,b7 in subsection 7f77#b77;,b7-- 7i7 in the subparagraph heading1 by striking #bjbc and inserting #bjca2 and 7ii7 by striking #bjbc and inserting #bjca4 7#b7 ,section #abdj;,h of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#h7 is amended by striking #bjbc each place it appears and inserting #bjca4 7#c7 ,section #abdj;,j7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#bb7;a77 is amended1 in the matter preceding paragraph 7#a71 by striking #bjbc and inserting #bjca4 7#d7 ,section #abdj,l7h77#b77;,a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#bd7;h77#b77;,a77 is amended by striking #bjbc and inserting #bjca4 7#e7 ,section #abda of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chda7 is amended-- 7,a7 in subsection 7a7-- 7i7 in the matter preceding paragraph 7#a71 by striking #bjbc and inserting #bjca2 7ii7 in paragraph 7#a71 by striking #bjbc each place it appears and inserting #bjca2 7iii7 in paragraph 7#b77;,f71 by striking #bjbc and inserting #bjca2 and 7iv7 in paragraph 7#c71 by striking fiscal year #bjbc each place it appears and inserting each of fiscal years #bjbc through #bjca2 7,b7 in subsection 7b71 by striking #bjbc and inserting #bjca2 and 7,c7 in subsection 7h7-- 7i7 in paragraph 7#a77;,b71 in the subparagraph heading1 by striking #bjbc and inserting #bjca2 and 7ii7 by striking #bjbc each place it appears and inserting #bjca4 7#f7 ,section #abdd7n77#c77;,a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chdd7n77#c77;,a77 is amended by striking #bjbc and inserting #bjca4 7#g7 ,section #abga;,d7a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga;d7a77 is amended by striking #bjbc and inserting #bjca4 #aejjc4 ,conservation technical assistance 7a7 ,appropriations ,in addition to amounts otherwise available 7and subject to subsection 7b771 there are appropriated to the ,secretary of ,agriculture 7referred to in this section as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca 7subject to the condition that no such funds may be disbursed after ,september #cj1 #bjca7-- 7#a7 #bjj1jjj1jjj to provide conservation technical assistance through the ,natural ,resources ,conservation ,service2 7#b7 #ej1jjj1jjj 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 producers1 landowners1 and resource managers1 as determined by the ,secretary2 and 7#c7 #fjj1jjj1jjj to carry out a carbon sequestration and greenhouse gas emissions quantification program through which the ,natural ,resources ,conservation ,service1 including through technical service providers and other partners1 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 ,agriculture4 7b7 ,conditions ,the funds made available under this section are subject to the conditions that the ,secretary shall not-- 7#a7 enter into any agreement-- 7,a7 that is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 under which any payment could be outlaid or funds disbursed after ,september #cj1 #bjca2 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under this section2 or 7#c7 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 purposes4 7c7 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for administrative costs of the agencies and offices of the ,department of ,agriculture for costs related to implementing this section4 ,,ii ,committee on ,education and ,labor ,a ,education ,matters #a ,elementary and ,secondary ,education #bjjja4 ,grow your own programs 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aab1fhd1jjj1 to remain available through ,september #cj1 #bjbe1 to award grants for the development and support of ,grow ,your ,own ,programs1 as described in section #bjb7;g7 of the ,higher ,education ,act of #aife4 7b7 ,in general ,section #bjb of the ,higher ,education ,act of #aife is amended-- 7#a7 in subsection 7b77#f77;,c71 by striking subsection 7f7 or 7g7 and inserting subsection 7f7 or 7h72 7#b7 in subsection 7c77#a71 by inserting a ,grow ,your ,own program under subsection 7g71 after subsection 7e712 7#c7 by redesignating subsections 7g71 7h71 7i71 7j71 and 7k71 as subsections 7h71 7i71 7j71 7k71 and 7l71 respectively2 and 7#d7 by inserting after subsection 7f7 the following3 7g7 ,partnership grants for the establishment of grow your own programs 7#a7 ,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 subjects1 fields1 schools1 and geographic areas1 or shortages of school leaders in high-need schools1 and to increase the diversity of qualified individuals entering into the teacher1 principal1 or other school leader workforce4 7#b7 ,requirements of a grow your own program ,in addition to carrying out each of the activities described in paragraphs 7#a7 through 7#f7 of subsection 7d71 an eligible partnership carrying out a ,grow ,your ,own program under this subsection shall-- 7,a7 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 work2 7,b7 provide opportunities for candidates to practice and develop teaching skills or school leadership skills2 7,c7 support candidates as they complete their associate 7in furtherance of their baccalaureate71 baccalaureate1 or master's degree or earn their teaching or school leadership credential2 7,d7 work to provide academic1 counseling1 and programmatic supports to candidates2 7,e7 provide academic and nonacademic supports1 including advising and financial assistance1 to candidates to enter and complete teacher or school leadership preparation programs1 to access and complete ,state licensure exams1 and to engage in school-based clinical placements2 7,f7 include efforts to recruit individuals with experience in high-need subjects or fields who are not certified to teach or lead1 with a specific focus on recruiting individuals-- 7i7 from groups or populations that are underrepresented2 and 7ii7 who live in and come from the communities the schools serve2 and 7,g7 require candidates to complete all ,state requirements to become fully certified4 4 #bjjjb4 ,teacher residencies ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aab1bff1jjj1 to remain available through ,september #cj1 #bjbe1 to award grants for the development and support of high-quality teaching residency programs1 as described in section #bjb7;e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajbb;a7e771 except that amounts available under this section shall also be available for residency programs for prospective teachers in a bachelor's degree program4 #bjjjc4 ,support school principals ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aab1bff1jjj1 to remain available through ,september #cj1 #bjbe1 to award grants for the development and support of school leadership programs1 as described in section #bbdc of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffgc74 #bjjjd4 ,hawkins ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aab1bff1jjj1 to remain available through ,september #cj1 #bjbe1 to award grants for the ,augustus ,f4 ,hawkins ,centers of ,excellence ,program1 as described in section #bdb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajcc;a74 #bjjje4 ,funding for the ,individuals with ,disabilities ,education ,part ,d personnel development ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #afj1ggf1jjj1 to remain available until ,september #cj1 #bjbe1 for personnel development described in section #ffb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adfb74 #bjjjf4 ,grants for ,native ,american language teachers and educators ,the ,native ,american ,programs ,act of #aigd is amended by inserting after section #hjc;,c the following3 #hjc;,d4 ,grants for ,native ,american language teachers and educators 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca1 #bjj1jjj1jjj for the ,secretary1 in carrying out section #hjc;,c1 to award grants to carry out activities relating to preparing1 training1 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 languages4 7b7 ,cost share prohibition ,the ,secretary shall not impose a cost sharing or matching fund requirement with respect to grants awarded under subsection 7a74 4 #b ,higher ,education #bjjba4 ,increasing the maximum ,federal ,pell ,grant 7a7 ,award year #bjbb-bjbc ,section #dja7;b77#g7 of the ,higher ,education ,act of #aife is amended-- 7#a7 in subparagraph 7,a77iii71 by inserting and such sums as may be necessary for fiscal year #bjbb to carry out the #eej increase for enrollment at institutions of higher education defined in section #aja or #ajb7;a77#a77;,b7 provided under subparagraph 7,c77iii7 before 2 and2 and 7#b7 in subparagraph 7,c77iii71 by inserting before the period at the end the following3 1 except that1 for award year #bjbb-bjbc1 such amount shall be equal to the amount determined under clause 7ii7 for award year #bjag-bjah1 increased by #eej for enrollment at institutions of higher education defined in section #aja or #ajb7;a77#a77;,b74 7b7 ,subsequent award years through #bjbe-bjbf ,section #dja7;b7 of the ,higher ,education ,act of #aife1 as amended by section #gjc of the ,,fafsa ,simplification ,act 7title ,,vii of division ,,ff of ,public ,law #aaf-bfj71 is amended-- 7#a7 in paragraph 7#e77;,a7-- 7,a7 in clause 7i71 by striking and after the semicolon2 7,b7 by redesignating clause 7ii7 as clause 7iii72 and 7,c7 by inserting after clause 7i7 the following3 7ii7 for each of award years #bjbc-bjbd through #bjbe-bjbf1 an additional #eej for enrollment at institutions of higher education defined in section #aja or #ajb7;a77#a77;,b72 and 2 and 7#b7 in paragraph 7#f77;,a7-- 7,a7 in clause 7i7-- 7i7 by striking appropriated7 such and inserting the following3 appropriated7-- 7,i7 such 2 and 7ii7 by adding at the end the following3 7,,ii7 such sums as are necessary to carry out paragraph 7#e77;,a77ii7 for each of fiscal years #bjbc through #bjbe2 and 2 and 7,b7 in clause 7ii71 by striking 7#e77;,a77ii7 and inserting 7#e77;,a77iii74 #bjjbb4 ,expanding ,federal ,student ,aid eligibility ,section #dhd7;a77#e7 of the ,higher ,education ,act of #aife is amended by inserting 1 or1 with respect to any grant1 loan1 or work assistance received under this title for award years #bjbb-bjbc through #bjbi-bjcj1 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 resident4 #bjjbc4 ,increase in ,pell grants for recipients of means-tested benefits ,section #dgc of the ,higher ,education ,act of #aife1 as amended by section #gjb7;b7 of the ,,fafsa ,simplification ,act 7title ,,vii of division ,,ff of ,public ,law #aaf-bfj71 is amended by adding at the end the following3 7d7 ,special rule for means-tested benefit recipients ,during award years #bjbd-bjbe through #bjbi-bjcj1 and notwithstanding subsection 7b71 for an applicant 7or1 as applicable1 an applicant and spouse1 or an applicant's parents7 who is not described in subsection 7c7 and who1 at any time during the previous #bd-month period1 received a benefit under a means-tested ,federal benefit program 7or whose parent or spouse received such a benefit1 as applicable7 described in clauses 7i7 through 7vi7 of section #dgi7;b77#d77;,h71 the ,secretary shall for the purposes of this title consider the student aid index as equal to -#a1ejj for the applicant4 4 #bjjbd4 ,retention and completion grants ,title ,,vii of the ,higher ,education ,act of #aife is amended by adding at the end the following3 ,f ,retention and ,completion ,grants #gia4 ,retention and completion grants 7a7 ,in general ,from amounts appropriated to carry out this section for a fiscal year1 the ,secretary shall carry out a program to make grants 7which shall be known as retention and completion grants7 to eligible entities to enable the such entities to carry out the activities described in the applications submitted under subsection 7b74 7b7 ,application ,to be eligible to receive a grant under this section1 an eligible entity shall submit an application to the ,secretary that includes a description of-- 7#a7 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 education1 or at the ,tribal ,college or ,university1 as applicable2 and 7#b7 how the eligible entity will sustain such reforms or practices after the grant period4 7c7 ,priority ,in awarding grants under this section to eligible entities1 the ,secretary shall give priority to eligible entities that propose to use a significant share of grant funds to1 among students of color1 low-income students1 students with disabilities1 students in need of remediation1 first generation college students1 student parents1 and other underserved student populations in such eligible entity1 improve enrollment1 retention1 transfer1 or completion rates or labor market outcomes4 7d7 ,adequate progress ,as a condition of continuing to receive funds under this section1 for each year in which an eligible entity participates in the program under this section1 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 practices1 and1 among students of color1 low-income students1 students with disabilities1 students in need of remediation1 first generation college students1 student parents1 and other underserved student populations in such eligible entity1 improving enrollment1 retention1 transfer1 or completion rates or labor market outcomes4 7e7 ,matching requirement ,as a condition of receiving a grant under this section for the applicable year described in paragraphs 7#a7 through 7#c71 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 7b74 ,such matching funds shall be in the amount of-- 7#a7 in the second year of a grant1 not less than #aj percent of the grant amount awarded to such eligible entity for such year2 7#b7 in the third year of a grant1 not less than #ae percent of the grant amount awarded to such eligible entity for such year2 and 7#c7 in the fourth year and each subsequent year of a grant1 not less than #bj percent of the grant amount awarded to such eligible entity for such year4 7f7 ,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 7b74 7g7 ,evidence-based reforms or practices ,an eligible entity receiving a grant under this section shall1 directly or in collaboration with institutions of higher education and other non-profit organizations1 use the grant funds to implement one or more of the following evidence-based reforms or practices3 7#a7 ,providing comprehensive academic1 career1 and student support services1 including mentoring1 advising1 or case management services4 7#b7 ,providing assistance in applying for and accessing direct support services1 financial assistance1 or means-tested benefit programs to meet the basic needs of students4 7#c7 ,providing accelerated learning opportunities1 including dual or concurrent enrollment programs and early college high school programs4 7#d7 ,reforming remedial or developmental education1 course scheduling1 or credit-awarding policies4 7#e7 ,improving transfer pathways between-- 7,a7 in the case of an eligible entity that is a ,state1 community colleges and #d-year institutions of higher education in the ,state2 7,b7 in the case of an eligible entity that is a system of institutions of higher education1 institutions within such system and other institutions of higher education in the ,state in which the system is located2 or 7,c7 in the case of a ,tribal ,college or ,university1 between the ,tribal ,college or ,university and other institutions of higher education4 7h7 ,supplement1 not supplant ,funds made available under this part shall be used to supplement1 and not supplant1 other ,federal1 ,state1 local1 ,tribal1 and institutional funds that would otherwise be expended to carry out activities described in this section4 7i7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a ,state1 a system of institutions of higher education1 or a ,tribal ,college or ,university4 7#b7 ,evidence tiers 7,a7 ,evidence tier #a ,the term evidence tier #a1 when used with respect to a reform or practice1 means a reform or practice that meets the criteria for receiving an expansion grant from the education innovation and research program under section #dfaa7;a77#b77;,c7 of the ,elementary and ,secondary ,education ,act of #aife1 as determined by the ,secretary in accordance with such section4 7,b7 ,evidence tier #b ,the term evidence tier #b1 when used with respect to a reform or practice1 means a reform or practice that meets the criteria for receiving a mid-phase grant from the education innovation and research program under section #dfaa7;a77#b77;,b7 of the ,elementary and ,secondary ,education ,act of #aife1 as determined by the ,secretary in accordance with such section4 7#c7 ,first generation college student ,the term first generation college student has the meaning given the term in section #djb;,a7h77#c74 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja or #ajb7;a77#a77;,b74 7#e7 ,state ,the term ,state means each of the #ej ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,freely ,associated ,states4 7#f7 ,tribal college or university ,the term ,tribal ,college or ,university has the meaning given the term in section #caf7;b77#c74 7j7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #caj1jjj1jjj to remain available until ,september #cj1 #bjcj1 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 7b72 7#b7 #cg1ejj1jjj to remain available until ,september #cj1 #bjcj1 to award competitive grants to ,tribal ,colleges and ,universities to carry out the approved activities described in the applications submitted under subsection 7b72 7#c7 #ie1jjj1jjj to remain available until ,september #cj1 #bjcj1 to supplement the competitive grant amounts awarded to eligible entities with funds available under paragraph 7#a7 and 7#b7 to implement reforms or practices that meet evidence tier #a2 7#d7 #dg1ejj1jjj to remain available until ,september #cj1 #bjcj1 to supplement the competitive grant amounts awarded to eligible entities with funds available under paragraphs 7#a7 and 7#b7 to implement reforms or practices that meet evidence tier #a or evidence tier #b1 or a combination of such reforms or practices2 and 7#e7 #aj1jjj1jjj to remain available until ,september #cj1 #bjcj1 to evaluate the effectiveness of the activities carried out under this section4 7k7 ,sunset ,the authority to make grants under this section shall expire at the end of award year #bjbf-bjbg4 7l7 ,inapplicability of ,,gepa contingent extension of programs ,section #dbb of the ,general ,education ,provisions ,act shall not apply to this part4 4 #bjjbe4 ,institutional aid 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #dgj1fdj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,b7 of the ,higher ,education ,act of #aife in fiscal year #bjbb2 7#b7 #dgj1fdj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,b7 of the ,higher ,education ,act of #aife in fiscal year #bjbc2 7#c7 #dgj1fdj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,b7 of the ,higher ,education ,act of #aife in fiscal year #bjbd2 7#d7 #dgj1fdj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,b7 of the ,higher ,education ,act of #aife in fiscal year #bjbe2 7#e7 #dgj1fdj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,b7 of the ,higher ,education ,act of #aife in fiscal year #bjbf2 7#f7 #dgj1fdj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,c7 of the ,higher ,education ,act of #aife in fiscal year #bjbb2 7#g7 #dgj1fdj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,c7 of the ,higher ,education ,act of #aife in fiscal year #bjbc2 7#h7 #dgj1fdj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,c7 of the ,higher ,education ,act of #aife in fiscal year #bjbd2 7#i7 #dgj1fdj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,c7 of the ,higher ,education ,act of #aife in fiscal year #bjbe2 7#aj7 #dgj1fdj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,c7 of the ,higher ,education ,act of #aife in fiscal year #bjbf2 7#aa7 #ada1abj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77i7 of the ,higher ,education ,act of #aife in fiscal year #bjbb2 7#ab7 #ada1abj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77i7 of the ,higher ,education ,act of #aife in fiscal year #bjbc2 7#ac7 #ada1abj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77i7 of the ,higher ,education ,act of #aife in fiscal year #bjbd2 7#ad7 #ada1abj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77i7 of the ,higher ,education ,act of #aife in fiscal year #bjbe2 7#ae7 #ada1abj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77i7 of the ,higher ,education ,act of #aife in fiscal year #bjbf2 7#af7 #gj1efj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77ii7 of the ,higher ,education ,act of #aife in fiscal year #bjbb2 7#ag7 #gj1efj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77ii7 of the ,higher ,education ,act of #aife in fiscal year #bjbc2 7#ah7 #gj1efj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77ii7 of the ,higher ,education ,act of #aife in fiscal year #bjbd2 7#ai7 #gj1efj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77ii7 of the ,higher ,education ,act of #aife in fiscal year #bjbe2 7#bj7 #gj1efj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77ii7 of the ,higher ,education ,act of #aife in fiscal year #bjbf2 7#ba7 #bc1ebj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77iii7 of the ,higher ,education ,act of #aife in fiscal year #bjbb2 7#bb7 #bc1ebj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77iii7 of the ,higher ,education ,act of #aife in fiscal year #bjbc2 7#bc7 #bc1ebj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77iii7 of the ,higher ,education ,act of #aife in fiscal year #bjbd2 7#bd7 #bc1ebj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77iii7 of the ,higher ,education ,act of #aife in fiscal year #bjbe2 7#be7 #bc1ebj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77iii7 of the ,higher ,education ,act of #aife in fiscal year #bjbf2 7#bf7 #bc1ebj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77iv7 of the ,higher ,education ,act of #aife in fiscal year #bjbb2 7#bg7 #bc1ebj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77iv7 of the ,higher ,education ,act of #aife in fiscal year #bjbc2 7#bh7 #bc1ebj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77iv7 of the ,higher ,education ,act of #aife in fiscal year #bjbd2 7#bi7 #bc1ebj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77iv7 of the ,higher ,education ,act of #aife in fiscal year #bjbe2 and 7#cj7 #bc1ebj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out section #cga7;b77#b77;,d77iv7 of the ,higher ,education ,act of #aife in fiscal year #bjbf4 7b7 ,use of funds 7#a7 ,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 7,b71 7,c71 and clauses 7i7 through 7iv7 of subparagraph 7,d7 of section #cga7;b77#b7 of the ,higher ,education ,act of #aife1 as applicable1 and to award need-based financial aid 7including emergency financial aid grants7 to low-income students enrolled in an eligible program 7as defined in section #dha7;b7 of the ,higher ,education ,act of #aife7 at such institution4 7#b7 ,distribution requirements ,the ,secretary of ,education shall distribute each of the amounts appropriated under paragraphs 7#f7 through 7#aj7 of subsection 7a7 in accordance with section #cga7;b77#b77;,c71 except that in clause 7ii7 of such section1 #be and of #fjj1jjj annually shall not apply4 7c7 ,no additional eligibility requirements ,no individual shall be determined by the ,secretary of ,education to be ineligible for benefits provided under subsection 7b77#a7 except on the basis of not being a low-income student enrolled in an eligible program 7as defined in section #dha7;b7 of the ,higher ,education ,act of #aife74 #bjjbf4 ,research and development infrastructure competitive grant program ,title ,,iii of the ,higher ,education ,act of #aife is amended-- 7#a7 by redesignating part ,g as part ,h2 and 7#b7 by inserting after section #cga the following3 ,g ,improving ,research ,development ,infrastructure for ,historically ,black ,colleges and ,universities1 ,tribal ,colleges and ,universities1 and ,minority-,serving ,institutions #cha4 ,improving research development infrastructure for historically black colleges and universities1 tribal colleges and universities1 and minority-serving institutions 7a7 ,eligible institution ,in this section1 the term eligible institution means-- 7#a7 an institution that-- 7,a7 is described in section #cga7;a72 7,b7 is a #d-year institution2 and 7,c7 is not an institution classified as very high research activity by the ,carnegie ,classification of ,institutions of ,higher ,education2 or 7#b7 an institution described in paragraph 7#a7 acting on behalf of a consortium1 which may include institutions classified as very high research activity by the ,carnegie ,classification of ,institutions of ,higher ,education1 #b-year institutions of higher education 7as defined in section #aja71 institutions of higher education 7as defined in section #aja or section #ajb7;a77#a77;,b7 of the ,higher ,education ,act of #aife71 non-profit organizations1 philanthropic organizations1 and industry partners1 provided that the eligible institution is the lead member and fiscal agent of the consortium4 7b7 ,authorization of grant programs ,for the purpose of supporting research and development infrastructure at eligible institutions1 the ,secretary shall award1 on a competitive basis1 to eligible institutions-- 7#a7 planning grants for a period of not more than #b years2 and 7#b7 implementation grants for a period of not more than #e years4 7c7 ,applications 7#a7 ,in general ,an eligible institution that desires to receive a planning grant under subsection 7b77#a7 or an implementation grant under subsection 7b77#b7 shall submit an application to the ,secretary that includes a description of the activities that will be carried out with grant funds4 7#b7 ,no comprehensive development plan ,the requirement under section #cia7;b77#a7 shall not apply to grants awarded under this section4 7d7 ,priority in awards 7#a7 ,in general ,in awarding planning and implementation grants under this section1 the ,secretary shall administer separate competitions for each of the categories of institutions listed in paragraphs 7#a7 through 7#g7 of section #cga7;a74 7#b7 ,priority ,in awarding implementation grants under this section1 the ,secretary shall give priority to eligible institutions that have received a planning grant under this section4 7e7 ,use of funds 7#a7 ,planning grants ,an eligible institution that receives a planning grant under subsection 7b77#a7 shall use the grant funds to develop a strategic plan for improving institutional research and development infrastructure that includes-- 7,a7 an assessment of the existing institutional research capacity and research and development infrastructure2 and 7,b7 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 infrastructure4 7#b7 ,implementation grants ,an eligible institution that receives an implementation grant under subsection 7b77#b7 shall use the grant funds to support research and development infrastructure1 which shall include carrying out at least one of the following activities3 7,a7 ,providing for the improvement of infrastructure existing on the date of the grant award1 including deferred maintenance1 or the establishment of new physical infrastructure1 including instructional program spaces1 laboratories1 research facilities or furniture1 fixtures1 and instructional research-related equipment and technology4 7,b7 ,hiring and retaining faculty1 students1 research-related staff1 or other personnel1 including research personnel skilled in operating1 using1 or applying technology1 equipment1 or devices used to conduct or support research4 7,c7 ,creating and supporting inter- and intra-institutional research centers 7including formal and informal communities of practice7 in fields of research for which research and development infrastructure funds have been awarded under this section1 including hiring staff and purchasing supplies and equipment4 7f7 ,supplement not supplant ,funds made available under this section shall be used to supplement1 and not supplant1 other ,federal1 ,state1 tribal1 and local funds that would otherwise be expended to carry out the activities described in this section4 7g7 ,sunset 7#a7 ,in general ,the authority to make-- 7,a7 planning grants under subsection 7b77#a7 shall expire at the end of fiscal year #bjbe2 and 7,b7 implementation grants under subsection 7b77#b7 shall expire at the end of fiscal year #bjbg4 7#b7 ,inapplicability of ,,gepa contingent extension of programs ,section #dbb of the ,general ,education ,provisions ,act shall not apply to this section4 7h7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for carrying out this section4 4 #bjjbg4 ,northern ,mariana ,islands1 ,american ,samoa1 ,united ,states ,virgin ,islands1 ,guam1 and freely associated ,states college access ,title ,,vii of the ,higher ,education ,act of #aife1 as amended by this ,act1 is further amended by adding at the end the following3 ,g ,college ,access for ,students in ,outlying ,areas #gib4 ,northern ,mariana ,islands1 ,american ,samoa1 ,united ,states ,virgin ,islands1 ,guam1 and freely associated states college access grants 7a7 ,grants 7#a7 ,grant amounts 7,a7 ,in general ,beginning with award year #bjbc-bjbd1 from amounts appropriated to carry out this section1 the ,secretary shall award grants to the ,governors of each outlying area for such ,governors to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-,state students and the tuition and fees charged for out-of-,state students on behalf of each eligible student enrolled in the eligible institution4 7,b7 ,maximum student amounts ,the amount paid on behalf of an eligible student under this section shall be-- 7i7 not more than #ae1jjj for any one award year 7as defined in section #dha7;a77#a772 and 7ii7 not more than #ge1jjj in the aggregate4 7,c7 ,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 basis4 7#b7 ,agreement ,each ,governor desiring a grant under this section shall enter into an agreement with the ,secretary for the purposes of administering the grant program4 7#c7 ,grant authority ,the authority to make grants under this section shall expire at the end of award year #bjbi-bjcj4 7b7 ,inapplicability of ,,gepa contingent extension of programs ,section #dbb of the ,general ,education ,provisions ,act shall not apply to this section4 7c7 ,no additional eligibility requirements ,no individual shall be determined1 by a ,governor1 an eligible institution1 or the ,secretary1 to be ineligible for benefits provided under this section except on the basis of eligibility requirements under this section4 7d7 ,definitions ,in this section3 7#a7 ,eligible institution ,the term eligible institution means an institution that-- 7,a7 is a public four-year institution of higher education located in one of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or an outlying area2 7,b7 enters into an agreement with the ,governor of an outlying area1 or with two or more of such ,governors 7except that such institution may not enter into an agreement with the ,governor of the outlying area in which such institution is located71 to carry out the grant program under this section2 and 7,c7 submits an assurance to the ,governor and to the ,secretary that the institution shall use funds made available under this section to supplement1 and not supplant1 assistance that otherwise would be provided to eligible students from outlying areas4 7#b7 ,eligible student ,the term eligible student means a student who-- 7,a7 was domiciled in an outlying area for not less than #ab consecutive months preceding the commencement of the freshman year at an institution of higher education supported by a grant awarded under this section2 7,b7 has not completed an undergraduate baccalaureate course of study2 and 7,c7 is enrolled as an undergraduate student in an eligible program 7as defined in section #dha7;b77 on at least a half-time basis4 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja4 7#d7 ,governor ,the term ,governor means the chief executive of an outlying area4 7#e7 ,outlying area ,the term outlying area means the ,northern ,mariana ,islands1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 ,guam1 and the ,freely ,associated ,states4 7e7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary1 to remain available until ,september #cj1 #bjcj1 for carrying out this section4 4 #c ,department of ,education implementation #bjjca4 ,program administration ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ia1gdb1jjj1 to remain available until expended1 for necessary administrative expenses associated with carrying out this subtitle and sections #bbaja and #bbajb4 #bjjcb4 ,student aid administration ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #he1jjj1jjj1 to remain available through ,september #cj1 #bjcj1 for ,student ,aid ,administration within the ,department of ,education for necessary administrative expenses associated with carrying out this subtitle and for additional ,federal administrative expenses4 #bjjcc4 ,office of ,inspector ,general ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until expended1 for the ,office of ,inspector ,general of the ,department of ,education1 for salaries and expenses necessary for oversight1 investigations1 and audits of programs1 grants1 and projects funded under this subtitle and sections #bbaja and #bbajb carried out by the ,office of ,inspector ,general4 ,b ,labor ,matters #bajja4 ,department of ,labor ,in addition to amounts otherwise available1 out of any money in the ,treasury not otherwise appropriated1 there are appropriated to the ,department of ,labor for fiscal year #bjbb1 to remain available until ,september #cj1 #bjbf1 the following amounts3 7#a7 #aie1jjj1jjj to the ,employee ,benefits ,security ,administration for carrying out enforcement activities4 7#b7 #gjg1jjj1jjj to the ,occupational ,safety and ,health ,administration for carrying out enforcement1 standards development1 whistleblower investigations1 compliance assistance1 funding for ,state plans1 and related activities within the ,occupational ,safety and ,health ,administration4 7#c7 #acc1jjj1jjj to the ,mine ,safety and ,health ,administration for carrying out enforcement1 standard setting1 technical assistance1 and related activities4 7#d7 #dje1jjj1jjj to the ,wage and ,hour ,division for carrying out activities of the ,division4 7#e7 #aba1jjj1jjj to the ,office of ,workers' ,compensation ,programs for carrying out activities of the ,office4 7#f7 #bja1jjj1jjj to the ,office of ,federal ,contract ,compliance ,programs for carrying out audit1 investigation1 enforcement1 and compliance assistance1 and other activities4 7#g7 #agf1jjj1jjj 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 section4 #bajjb4 ,national ,labor ,relations ,board ,in addition to amounts otherwise available1 out of any money in the ,treasury not otherwise appropriated1 there are appropriated to the ,national ,labor ,relations ,board for fiscal year #bjbb1 #cej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,national ,labor ,relations ,board to carry out the functions vested in it by the ,national ,labor ,relations ,act4 #bajjc4 ,equal ,employment ,opportunity ,commission ,in addition to amounts otherwise available1 out of any money in the ,treasury not otherwise appropriated1 there are appropriated to the ,equal ,employment ,opportunity ,commission for fiscal year #bjbb1 #cba1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out investigation1 enforcement1 outreach1 and related activities4 #bajjd4 ,adjustment of civil penalties 7a7 ,occupational ,safety and ,health ,act of #aigj ,section #ag of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fff7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking #gj1jjj and inserting #gjj1jjj2 and 7,b7 by striking #e1jjj and inserting #ej1jjj2 7#b7 in subsection 7b71 by striking #g1jjj and inserting #gj1jjj2 and 7#c7 in subsection 7d71 by striking #g1jjj and inserting #gj1jjj4 7b7 ,fair ,labor ,standards ,act of #aich ,section #af7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 in clause 7i71 by striking #aa1jjj and inserting #acb1bgj2 and 7,b7 in clause 7ii71 by striking #ej1jjj and inserting #fja1aej2 and 7#b7 in paragraph 7#b7-- 7,a7 in the first sentence1 by striking #a1ajj and inserting #bj1gdj2 and 7,b7 in the second sentence1 by striking #a1ajj and inserting #aa1fbj4 7c7 ,migrant and ,seasonal ,agricultural ,worker ,protection ,act ,section #ejc7;a77#a7 of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahec7;a77#a77 is amended by striking #a1jjj and inserting #be1gij4 7d7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbb4 #bajje4 ,civil monetary penalties for parity violations 7a7 ,civil monetary penalties relating to parity in mental health and substance use disorders ,section #ejb7;c77#aj7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aacb7;c77#aj77;,a77 is amended-- 7#a7 in the heading1 by striking use of genetic information and inserting use of genetic information and parity in mental health and substance use disorder benefits2 and 7#b7 in subparagraph 7,a7-- 7,a7 by striking any plan sponsor of a group health plan and inserting any plan sponsor or plan administrator of a group health plan2 and 7,b7 by striking for any failure and all that follows through in connection with the plan4 and inserting for any failure by such sponsor1 administrator1 or issuer1 in connection with the plan-- 7i7 to meet the requirements of subsection 7a77#a77;,f71 7b77#c71 7c71 or 7d7 of section #gjb or section #gja or #gjb7;b77#a7 with respect to genetic information2 or 7ii7 to meet the requirements of subsection 7a7 of section #gab with respect to parity in mental health and substance use disorder benefits4 4 7b7 ,exception to the general prohibition on enforcement ,section #ejb of such ,act 7#bi ,u4,s4,c4 #aacb7 is amended-- 7#a7 in subsection 7a77#f71 by striking or 7#i7 and inserting 7#i71 or 7#aj72 and 7#b7 in subsection 7b77#c7-- 7,a7 by striking subsections 7c77#i7 and 7a77#f7 and inserting subsections 7c77#i71 7c77#aj71 and 7a77#f72 7,b7 by striking under subsection 7c77#i77 and inserting under subsections 7c77#i7 and 7c77#aj771 and except with respect to enforcement by the ,secretary of section #gab2 and 7,c7 by striking #gjf7;a77#a7 and inserting #gcc7;a77#a74 7c7 ,effective date ,the amendments made by subsection 7a7 shall apply with respect to group health plans1 or any health insurance issuer offering health insurance coverage in connection with such plan1 for plan years beginning after the date that is #a year after the date of enactment of this ,act4 #bajjf4 ,penalties under the ,national ,labor ,relations ,act 7a7 ,in general ,section #ab of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afb7 is amended-- 7#a7 by striking ,sec4 #ab4 ,any person and inserting the following3 #ab4 ,penalties 7a7 ,violations for interference with board ,any person 2 and 7#b7 by adding at the end the following3 7b7 ,civil penalties for unfair labor practices ,any employer who commits an unfair labor practice within the meaning of section #h7;a7 affecting commerce shall be subject to a civil penalty in an amount not to exceed #ej1jjj for each such violation1 except that1 with respect to such an unfair labor practice within the meaning of paragraph 7#c7 or 7#d7 of section #h7;a7 or such a violation of section #h7;a7 that results in the discharge of an employee or other serious economic harm to an employee1 the ,board shall double the amount of such penalty1 to an amount not to exceed #ajj1jjj1 in any case where the employer has within the preceding #e years committed another such violation of such paragraph 7#c7 or 7#d7 or such violation of section #h7;a7 that results in such discharge or other serious economic harm4 ,a civil penalty under this paragraph shall be in addition to any other remedy ordered by the ,board4 7c7 ,considerations ,in determining the amount of any civil penalty under this section1 the ,board shall consider-- 7#a7 the gravity of the actions of the employer resulting in the penalty1 including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this ,act2 7#b7 the size of the employer2 7#c7 the history of previous unfair labor practices or other actions by the employer resulting in a penalty2 and 7#d7 the public interest4 7d7 ,director and officer liability ,if the ,board determines1 based on the particular facts and circumstances presented1 that a director or officer's personal liability is warranted1 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 violation1 had established a policy that led to such a violation1 or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation4 4 7b7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbb4 ,c ,workforce ,development ,matters #a ,department of ,labor #bbjja4 ,dislocated worker employment and training activities 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 which shall be allotted in accordance with subsection 7b77#b7 of section #acb and reserved under subsection 7a7 of section #acc of the ,workforce ,innovation and ,opportunity ,act1 and allocated under subsection 7b77#a77;,b7 of section #acc of such ,act for each local area to provide-- 7#a7 career services authorized under subsection 7c77#b7 of section #acd of the ,workforce ,innovation and ,opportunity ,act1 including individualized career services described in section #acd7;c77#b77;,a77xii7 of such ,act2 7#b7 supportive services and needs-related payments authorized under paragraphs 7#b7 and 7#c7 of section #acd7;d7 of the ,workforce ,innovation and ,opportunity ,act1 except that the requirements of subparagraphs 7,b7 and 7,c7 of paragraph 7#c7 of such section shall not apply2 and 7#c7 training services1 including through individual training accounts1 authorized under section #acd7;c77#c7 of the ,workforce ,innovation and ,opportunity ,act1 except that for purposes of providing transitional jobs as part of those services under this section1 section #acd7;d77#e7 of such ,act shall be applied by substituting #dj percent for #aj percent4 7b7 ,supplement not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended to provide employment and training activities for dislocated workers1 including funds provided under the ,workforce ,innovation and ,opportunity ,act4 #bbjjb4 ,adult worker employment and training activities 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 which shall be allotted in accordance with subsection 7b77#a7 of section #acb and reserved under subsection 7a7 of section #acc of the ,workforce ,innovation and ,opportunity ,act1 and allocated under subsection 7b77#a77;,a7 of section #acc of such ,act for each local area to provide-- 7#a7 career services authorized under subsection 7c77#b7 of section #acd of the ,workforce ,innovation and ,opportunity ,act1 including individualized career services described in section #acd7;c77#b77;,a77xii7 of such ,act2 7#b7 supportive services and needs-related payments authorized under paragraphs 7#b7 and 7#c7 of section #acd7;d7 of the ,workforce ,innovation and ,opportunity ,act1 except that the requirements of subparagraphs 7,b7 and 7,c7 of paragraph 7#c7 of such section shall not apply2 and 7#c7 training services1 including through individual training accounts1 authorized under section #acd7;c77#c7 of the ,workforce ,innovation and ,opportunity ,act1 except that for purposes of providing incumbent worker training as part of those services under this section1 if such training is provided to low-wage workers1 section #acd7;d77#d77;,a77i7 of such ,act shall be applied by substituting #dj percent for #bj percent4 7b7 ,supplement not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended to provide adult employment and training activities1 including funds provided under the ,workforce ,innovation and ,opportunity ,act4 #bbjjc4 ,youth workforce investment activities 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 which shall be allotted in accordance with subparagraphs 7,b7 and 7,c7 of section #abg7;b77#a7 and reserved under subsection 7a7 of section #abh of the ,workforce ,innovation and ,opportunity ,act1 and allocated under subsection 7b7 of section #abh of such ,act for each local area to-- 7#a7 carry out the youth workforce investment activities authorized under section #abi of the ,workforce ,innovation and ,opportunity ,act2 7#b7 provide opportunities for in-school youth and out-of-school youth to participate in paid work experiences described in subsection 7c77#b77;,c7 of section #abi of the ,workforce ,innovation and ,opportunity ,act2 and 7#c7 partner with community-based organizations to support out-of-school youth1 including those residing in high-crime or high-poverty areas4 7b7 ,supplement not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended for youth workforce investment activities1 including funds provided under the ,workforce ,innovation and ,opportunity ,act4 #bbjjd4 ,employment service ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 the following amounts1 to remain available until ,september #cj1 #bjbf3 7#a7 #djj1jjj1jjj for carrying out the ,state grant activities authorized under section #g of the ,wagner-,peyser ,act1 which shall be allotted in accordance with section #f of such ,act1 except that1 for purposes of this section1 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 #f of such ,act4 7#b7 #ajj1jjj1jjj for carrying out improvements to ,state workforce and labor market information systems4 #bbjje4 ,re-entry employment opportunities ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 the following amounts1 to remain available until ,september #cj1 #bjbf3 7#a7 #cge1jjj1jjj1 for carrying out the ,reentry ,employment ,opportunities program4 7#b7 #abe1jjj1jjj1 for competitive grants to national and regional intermediaries to carry out ,reentry ,employment ,opportunity programs that prepare for employment young adults with criminal records1 young adults who have been justice system-involved1 or young adults who have dropped out of school or other educational programs1 made with a priority for projects serving high-crime1 high-poverty areas4 #bbjjf4 ,registered apprenticeships1 youth apprenticeships1 and pre-apprenticeships ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 the following amounts1 to remain available until ,september #cj1 #bjbf3 7#a7 #ejj1jjj1jjj for carrying out activities through grants1 cooperative agreements1 contracts1 or other arrangements1 including arrangements with ,states and outlying areas 7as such terms are defined in paragraphs 7#de7 and 7#ef71 respectively1 of section #c of the ,workforce ,innovation and ,opportunity ,act71 equity intermediaries1 and business and labor industry partner intermediaries1 to create or expand only-- 7,a7 registered apprenticeship programs2 7,b7 pre-apprenticeship programs that articulate to registered apprenticeship programs2 and 7,c7 youth apprenticeship programs that-- 7i7 provide participants with high-quality1 classroom-based related instruction and training1 and employment opportunities with progressively increasing wages2 and 7ii7 prepare participants for enrollment in an institution of higher education 7as defined in section #aja or #ajb7;c7 of the ,higher ,education ,act of #aife71 a registered apprenticeship program1 and employment4 7#b7 #ejj1jjj1jjj for carrying out activities through arrangements described in paragraph 7#a7 to support programs described in such paragraph that serve a high number or high percentage of individuals with barriers to employment 7as defined in section #c7bd7 of the ,workforce ,innovation and ,opportunity ,act71 including individuals with disabilities1 or nontraditional apprenticeship populations4 #bbjjg4 ,industry or sector partnership grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1fjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,secretary to award1 on a competitive basis1 grants1 contracts1 or cooperative agreements to eligible partnerships for the purposes of expanding employment and training activities for high-skill1 high-wage1 or in-demand industry sectors or occupations4 7b7 ,eligibility ,to be eligible to receive funds under this section1 an eligible partnership shall submit to the ,secretary an application that includes a description of programs to be supported with such funds1 the recognized postsecondary credentials participants in such programs will earn1 and related employment opportunities for which participants in such programs will be prepared4 7c7 ,uses of funds ,an eligible partnership awarded funds under this section shall use such funds to-- 7#a7 regularly engage and convene stakeholders to develop1 or expand1 employment and training activities for the high-skill1 high-wage1 or in-demand industry sector or occupation on which such partnership is focused2 7#b7 directly provide1 or arrange for the provision of1 high-quality1 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 7#a71 which shall include-- 7,a7 7i7 training services described in any clause of subparagraph 7,d7 of section #acd7;c77#c7 of the ,workforce ,innovation and ,opportunity ,act provided through contracts that meet the requirements of that section #acd7;c77#c72 or 7ii7 training provided through-- 7,i7 registered apprenticeship programs2 7,,ii7 pre-apprenticeship programs that articulate to registered apprenticeship programs2 7,,iii7 youth apprenticeship programs that-- 7aa7 provide participants with high-quality1 classroom-based related instruction and training1 and employment opportunities with progressively increasing wages2 and 7bb7 prepare participants for enrollment in an institution of higher education 7as defined in section #aja or #ajb7;c77 of the ,higher ,education ,act of #aife71 a registered apprenticeship program1 and employment2 or 7,,iv7 joint labor-management organizations2 and 7,b7 the provision of information on related skills or competencies that may be attained through such training or credentials2 7#c7 directly provide1 or arrange for the provision of1 services to help individuals with barriers to employment prepare for1 complete1 and successfully transition out of training described in paragraph 7#b71 which services shall include career services1 supportive services1 or provision of needs-related payments authorized under subsections 7c77#b71 7d77#b71 and 7d77#c7 of section #acd of the ,workforce ,innovation and ,opportunity ,act1 except that1 for purposes of this section1 subparagraphs 7,b7 and 7,c7 of section #acd7;d77#c7 of that ,act shall not apply2 and 7#d7 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 #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act4 7d7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for-- 7#a7 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 employment1 to provide guidance and assistance in the application process under this section2 7#b7 administration of the program described in this section1 including providing comprehensive technical assistance and oversight to support eligible partnerships2 and 7#c7 evaluating and reporting on the performance and impact of programs funded under this section4 7e7 ,state board or local board funds ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 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 employment1 as compared to ,state or national averages for such rates or percentages4 7f7 ,supplement not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended to support activities described in this section4 #bbjjh4 ,job ,corps 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbf-- 7#a7 to provide funds to operators and service providers to-- 7,a7 carry out the activities and services described in sections #adh and #adi of the ,workforce ,innovation and ,opportunity ,act2 and 7,b7 improve and expand access to allowances and services described in section #aej of such ,act2 and 7#b7 for the construction1 rehabilitation1 and acquisition of ,job ,corps centers1 notwithstanding section #aeh7;c7 of the ,workforce ,innovation and ,opportunity ,act4 7b7 ,eligibility of operators and service providers ,for the purposes of carrying out subsection 7a71 an entity in a ,state or outlying area 7as such term is defined in section #c7de7 of the ,workforce ,innovation and ,opportunity ,act7 may be eligible to be selected as an operator or service provider4 #bbjji4 ,native ,american programs ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out activities described in section #aff7;d77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act4 #bbjaj4 ,migrant and seasonal farmworker programs ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #gj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out activities described in section #afg7;d7 of the ,workforce ,innovation and ,opportunity ,act1 except that1 for purposes of providing services as part of such activities to low-income individuals under this section1 section #c7cf77;,a77ii77,i7 of such ,act shall be applied by substituting #aej percent of the poverty line for the poverty line4 #bbjaa4 ,youthbuild program ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out activities described in section #aga7;c77#b7 of the ,workforce ,innovation and ,opportunity ,act1 including for the purposes of improving and expanding access to services1 stipends1 wages1 and benefits described in subparagraphs 7,a77vii7 and 7,f7 of section #aga7;c77#b7 of such ,act4 #bbjab4 ,senior community service employment program ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #ce1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,senior ,community ,service ,employment program authorized under section #ejb of the ,older ,americans ,act of #aife4 #bbjac4 ,provision of information ,for purposes of determinations of the eligibility of individuals to participate in activities funded under this subtitle1 the provision of information for such determinations by ,federal agencies other than the ,department of ,labor or the ,department of ,education shall not be required4 #bbjad4 ,definitions ,in this part3 7#a7 ,eligible partnership ,the term eligible partnership means-- 7,a7 an industry or sector partnership1 which shall include multiple representatives described in each of clauses 7i7 through 7iii7 of paragraph 7#bf77;,a7 of section #c of the ,workforce ,innovation and ,opportunity ,act2 or 7,b7 a ,state board or local board1 a joint labor-management organization1 or an entity eligible to be a representative under clause 7i71 7ii71 or 7iii7 of paragraph 7#bf77;,a7 of section #c of the ,workforce ,innovation and ,opportunity ,act1 that is in the process of establishing an industry or sector partnership described in subparagraph 7,a71 to carry out a grant1 contract1 or cooperative agreement under section #bbjjg4 7#b7 ,evidence-based ,the term evidence-based has the meaning given the term in section #c7bc7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf4 7#c7 ,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 #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#e7 ,,wioa definitions 7,a7 ,in general ,the terms career pathway1 in-demand industry sector or occupation1 individual with a barrier to employment1 industry or sector partnership1 local area1 local board1 recognized postsecondary credential1 ,state board1 and supportive services have the meanings given the terms in paragraphs 7#g71 7#bc71 7#bd71 7#bf71 7#cb71 7#cc71 7#eb71 7#eg71 and 7#ei71 respectively1 of section #c of the ,workforce ,innovation and ,opportunity ,act4 7,b7 ,career services ,the term career services means services described in section #acd7;c77#b7 of the ,workforce ,innovation and ,opportunity ,act4 #b ,department of ,education #bbaja4 ,adult education and literacy 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #gjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of adult education and literacy activities authorized under the ,workforce ,innovation and ,opportunity ,act1 except that1 for each fiscal year for which an eligible agency receives funds appropriated under this section1 section #bbb7;a77#a7 of the ,workforce ,innovation and ,opportunity ,act shall be applied by substituting not less than #aj percent for not more than #bj percent1 and section #bbb7;b7 of such ,act shall not apply4 7b7 ,supplement not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended to support adult education and literacy activities1 including funds provided under the ,workforce ,innovation and ,opportunity ,act4 #bbajb4 ,career and technical education 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 the following amounts1 to remain available until ,september #cj1 #bjbg3 7#a7 #fjj1jjj1jjj for carrying out career and technical education programs authorized under section #abd and section #ace of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf1 which shall be allotted in accordance with section #aaa and section #aab of such ,act1 except that subsection 7b7 of section #aab shall not apply4 7#b7 #ajj1jjj1jjj for carrying out the innovation and modernization program in subsection 7e7 of section #aad of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf1 except that1 for purposes of this paragraph1 paragraph 7#b7 of such subsection and the #bj percent limitation in paragraph 7#a7 of such subsection shall not apply and eligible agencies1 as defined in section #c7ah7 of such ,act1 shall be eligible to receive grants under such program4 7b7 ,supplement not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended for career and technical education programs1 including funds provided under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf4 #bbajc4 ,community college and industry partnership grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,secretary1 in coordination with the ,secretary of ,labor1 to award grants1 on a competitive basis1 to eligible institutions for the purposes of expanding employment and training activities for high-skill1 high-wage1 or in-demand industry sectors or occupations4 7b7 ,eligibility ,to be eligible to receive such a grant1 an eligible institution shall submit to the ,secretary an application that includes a description of programs to be supported with such grant1 the recognized postsecondary credentials participants in such programs will earn1 and the related employment opportunities for which participants in such programs will be prepared4 7c7 ,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-skill1 high-wage1 or in-demand industry sectors or occupations by-- 7#a7 establishing1 improving1 or scaling high-quality1 evidence-based education or career training programs1 career pathway programs1 or work-based learning programs 7including registered apprenticeship programs or pre-apprenticeships that articulate to registered apprenticeship programs72 7#b7 providing services to help individuals with barriers to employment prepare for1 complete1 and successfully transition out of programs described in paragraph 7#a7 supported by such grant1 which shall include providing supportive services1 career services1 career guidance and academic counseling1 or job placement assistance2 and 7#c7 carrying out #a or more of the following3 7,a7 ,creating1 developing1 or expanding articulation agreements 7as defined in section #dhf;,a7a7 of the ,higher ,education ,act of #aife71 credit transfer agreements1 corequisite remediation programs1 dual or concurrent enrollment programs1 or policies and processes to award academic credit for prior learning or for programs described in paragraph 7#a7 supported by such grant4 7,b7 ,making available information on curricula and recognized postsecondary credentials1 including those created or developed using such grant1 and information on the related skills or competencies and related employment and earnings outcomes4 7,c7 ,establishing or implementing plans for providers of programs described in paragraph 7#a7 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 #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act4 7,d7 ,purchasing1 leasing1 or refurbishing specialized equipment necessary to carry out such programs4 7,e7 ,reducing participants' cost of attendance in such programs4 7,f7 ,establishing or expanding industry or sector partnerships to successfully carry out the activities supported by such grant under this paragraph1 and paragraphs 7#a7 and 7#b74 7d7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,education for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out1 in coordination of the ,department of ,labor1 the following activities3 7#a7 ,targeted outreach to eligible institutions serving a high number or high percentage of low-income individuals or individuals with barriers to employment1 and rural-serving eligible institutions1 to provide guidance and assistance in the grant application process under this section4 7#b7 ,administration of the program described in this section1 including providing technical assistance and oversight to support eligible institutions4 7#c7 ,evaluating and reporting on the performance and impact of programs funded under this section4 7e7 ,supplement not supplant ,amounts available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended to support activities described in this section4 7f7 ,definitions ,in this section3 7#a7 ,community college ,the term community college means-- 7,a7 a degree-granting public institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife7 at which-- 7i7 the highest degree awarded is an associate degree2 or 7ii7 an associate degree is the most frequently awarded degree2 7,b7 a #b-year ,tribal ,college or ,university 7as defined in section #caf7;b77#c7 of the ,higher ,education ,act of #aife72 7,c7 a degree-granting ,tribal ,college or ,university 7as defined in section #caf7;b77#c7 of the ,higher ,education ,act of #aife7 at which-- 7i7 the highest degree awarded is an associate degree2 or 7ii7 an associate degree is the most frequently awarded degree2 or 7,d7 a branch campus of a #d-year public institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife71 if1 at such branch campus-- 7i7 the highest degree awarded is an associate degree2 or 7ii7 an associate degree is the most frequently awarded degree4 7#b7 ,eligible institution ,the term eligible institution means a community college1 a postsecondary vocational institution 7as defined in section #ajb7;c7 of the ,higher ,education ,act of #aife71 or a consortium of such colleges or institutions1 that is working directly with an industry or sector partnership1 or in the process of establishing such partnership1 to carry out a grant under this section4 7#c7 ,perkins ,,cte definitions ,the terms career guidance and academic counseling1 dual or concurrent enrollment program1 evidence-based1 and work-based learning have the meanings given the terms in paragraphs 7#g71 7#ae71 7#bc71 and 7#ee71 respectively1 of section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf4 7#d7 ,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 #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#f7 ,,wioa definitions 7,a7 ,in general ,the terms career pathway1 in-demand industry sector or occupation1 individual with a barrier to employment1 industry or sector partnership1 recognized postsecondary credential1 and supportive services have the meanings given the terms in paragraphs 7#g71 7#bc71 7#bd71 7#bf71 7#eb71 and 7#ei71 respectively1 of section #c of the ,workforce ,innovation and ,opportunity ,act4 7,b7 ,career services ,the term career services means services described in section #acd7;c77#b7 of the ,workforce ,innovation and ,opportunity ,act4 #c ,competitive integrated employment transformation grant program #bbbja4 ,competitive integrated employment transformation grant program 7a7 ,appropriation ,in addition to amounts otherwise made available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 the following amounts1 to remain available through fiscal year #bjbi1 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 #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77 7referred to in this part as special certificates7 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 employment3 7#a7 #ahi1jjj1jjj for subsection 7d77#b77;,b74 7#b7 #ha1jjj1jjj for subsection 7d77#b77;,c74 7b7 ,applications 7#a7 ,in general ,to be eligible to receive a grant under this section1 a covered ,state shall submit an application to the ,secretary at such time1 in such manner1 and including such information as the ,secretary may reasonably require4 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall include-- 7,a7 a description of the status of the employers in the covered ,state providing employment using special certificates1 including-- 7i7 the number of employers in the covered ,state using special certificates to employ and pay people with disabilities2 7ii7 the number of employees in the covered ,state employed under a special certificate2 7iii7 the average number of hours such employees work per week2 and 7iv7 the average hourly wage for such employees2 7,b7 a description of activities to be funded under the grant1 and the goals of such activities1 including the activities of the covered ,state with respect to competitive integrated employment for people with disabilities2 and 7,c7 assurances that-- 7i7 the activities carried out under the grant will result in-- 7,i7 each employer in the covered ,state that1 on the date of enactment of this ,act1 provides employment using special certificates transforming its business and program models as described in subsection 7c77#a72 and 7,,ii7 each employer in the covered ,state ceasing to use special certificates by the end of the #e-year grant period and no longer applying for or renewing such certificates2 7ii7 each individual in the covered ,state who is employed under a special certificate will1 as a result of such a transformation1 be employed in competitive integrated employment or a combination of competitive integrated employment and integrated services1 including by compensating all employees of the employer for all hours worked at a rate that is-- 7,i7 not less than the higher of-- 7aa7 the rate specified in section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a772 7bb7 the rate specified in an applicable ,state or local minimum wage law2 or 7cc7 in the case of work on a contract that is subject to chapter #fg of title #da1 ,united ,states ,code1 the applicable prevailing wage rate under such chapter2 and 7,,ii7 not less than the rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities1 and who are similarly situated in similar occupations by the same employer and who have similar training1 experience1 and skills2 and 7iii7 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 7c77#a74 7c7 ,use of funds ,a covered ,state receiving a grant under this section shall use the grant funds for each of the following activities3 7#a7 ,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 settings1 or a setting involving a combination of competitive integrated employment and integrated services4 7#b7 ,implementing a service delivery infrastructure to support people with disabilities who have been employed under special certificates through such a transformation1 including providing enhanced integrated services to support people with the most significant disabilities4 7#c7 ,expanding competitive integrated employment and integrated services to be provided to such people as a result of transformations described in paragraph 7#a74 7d7 ,allotments 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 determine the number of covered ,states2 and 7,b7 7i7 in a case in which the ,secretary determines that there are #ae or more covered ,states1 award each covered ,state a grant under paragraph 7#b72 or 7ii7 in a case in which the ,secretary determines that there are #ad or fewer covered ,states1 award each covered ,state a grant under paragraph 7#c7 for the first #e-year grant period under such paragraph4 7#b7 #ae or more covered ,states 7,a7 ,in general ,in a case in which the ,secretary determines under paragraph 7#a7 that there are #ae or more covered ,states1 from the funds appropriated under subsection 7a71 the ,secretary shall allot to each covered ,state a grant under this section in an amount equal to the sum of-- 7i7 the allotment made to the covered ,state in accordance with subparagraph 7,b72 and 7ii7 the allotment made to the covered ,state in accordance with subparagraph 7,c74 7,b7 ,allotment based on the number of employees employed under special certificates ,from the total amount of the funds appropriated under subsection 7a77#a71 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 ,states4 7,c7 ,allotment based on the number of employers with special certificates ,from the total amount of the funds appropriated under subsection 7a77#b71 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 certificate4 7,d7 ,data ,in determining the number of people with disabilities who are employed under a special certificate for purposes of subparagraph 7,b7 and the number of employers who have in effect a special certificate for purposes of subparagraph 7,c71 the ,secretary shall use the most accurate data available to the ,secretary on the date of enactment of this ,act4 7,e7 ,grant period ,a grant under this paragraph shall be awarded for a period of #e years4 7#c7 #ad or fewer covered ,states 7,a7 ,in general ,in a case in which the ,secretary determines under paragraph 7#a7 that there are #ad or fewer covered ,states1 from the funds appropriated under subsection 7a71 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 paragraph4 7,b7 ,grant periods 7i7 ,in general ,the ,secretary shall award grants under this paragraph for #b separate1 #e-year grant periods4 7ii7 ,second #e-year grant period ,grants for the second #e-year grant period shall be awarded-- 7,i7 not earlier than the end of the second year of the first #e-year grant period described in paragraph 7#a77;,b77ii72 and 7,,ii7 not later than ,september #cj1 #bjbe4 7,c7 ,limit on number of grants ,no ,state may receive more than #a grant under this paragraph4 7e7 ,definition of covered ,state ,in this section1 the term covered ,state means a ,state 7as defined in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc77 that-- 7#a7 as of the date of enactment of this ,act1 has not phased out1 or is not in the process of phasing out1 the use of special certificates in the ,state2 and 7#b7 submits an application under subsection 7b7 that meets the requirements under such subsection4 #bbbjb4 ,grants for ,states to expand competitive integrated employment 7a7 ,appropriation ,in addition to amounts otherwise made available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bd1jjj1jjj1 to remain available through fiscal year #bjbi1 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 employment4 7b7 ,applications ,to be eligible to receive a grant under this section1 a covered ,state shall submit an application to the ,secretary at such time1 in such manner1 and include such information as the ,secretary may reasonably require1 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 disabilities4 7c7 ,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 disabilities4 7d7 ,grant award ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall award each covered ,state a grant in an amount that bears the same relationship to the total amount appropriated under subsection 7a7 as the population of the covered ,state bears to the total population of all covered ,states4 7e7 ,grant period ,a grant under this section shall be awarded for a period of #e years4 7f7 ,definition of covered ,state ,in this section1 the term covered ,state means a ,state 7as defined in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc77 that-- 7#a7 as of the date of enactment of this ,act1 has phased out1 or is the process of phasing out1 the use of special certificates in the ,state2 and 7#b7 submits an application under subsection 7b7 that meets the requirements under such subsection4 #bbbjc4 ,technical assistance ,in addition to amounts otherwise made available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #f1jjj1jjj1 to remain available through fiscal year #bjbi1 for the ,secretary to1 in partnership with the ,office of ,special ,education and ,rehabilitative ,services of the ,department of ,education1 establish1 either directly or through grants1 contracts1 or cooperative agreements1 a national technical assistance center to-- 7#a7 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 settings2 and 7#b7 collect and disseminate information on evidence-based practices for such transformations and for providing competitive integrated employment and integrated services4 #bbbjd4 ,supplement and not supplant ,any funds made available to a ,state under this part shall be used to supplement and not supplant any ,federal1 ,state1 or local public funds expended-- 7#a7 to assist employers in such ,state who were issued a special certificate in transforming 7or continuing to transform7 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 employment2 or 7#b7 to support the employment of people with disabilities in competitive integrated employment4 #bbbje4 ,definitions ,in this part3 7#a7 ,competitive integrated employment ,the term competitive integrated employment has the meaning given such term in section #g7e7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gje7e774 7#b7 ,employee ,the term employee means any individual employed by an employer4 7#c7 ,employer ,the term employer means any person acting directly or indirectly in the interest of an employer in relation to an employee1 but does not include any labor organization 7other than when acting as an employer7 or anyone acting in the capacity of officer or agent of such labor organization4 7#d7 ,integrated services ,the term integrated services means services for people with disabilities that are-- 7,a7 designed to assist such people in developing skills and abilities to reside successfully in home and community-based settings2 7,b7 provided in accordance with a person-centered written plan of care2 7,c7 created using evidence-based practices that lead to such people-- 7i7 maintaining competitive integrated employment2 7ii7 achieving independent living2 or 7iii7 maximizing socioeconomic self-sufficiency1 optimal independence1 and full participation in the community2 7,d7 provided in a community location that is not specifically intended for people with disabilities2 7,e7 provided in a location that-- 7i7 allows the people receiving the services to interact with people without disabilities to the fullest extent possible2 and 7ii7 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 disability2 and 7,f7 provided in multiple locations to allow the individual receiving the services to have options1 thereby-- 7i7 optimizing individual initiative1 autonomy1 and independence2 and 7ii7 facilitating choice regarding services and supports1 and choice regarding the provider of such services4 7#e7 ,people with disabilities ,the term people with disabilities includes individuals described in section #ad7;c77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77#a774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 #d ,recruitment1 ,education and ,training1 ,retention1 and ,career ,advancements for the ,direct ,care ,workforce #bbcja4 ,definitions ,in this part3 7#a7 ,,cte definitions ,the terms area career and technical education school1 evidence-based1 and work-based learning have the meanings given such terms in paragraphs 7#c71 7#bc71 and 7#ee71 respectively1 of section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#b7 ,,wioa definitions ,the terms career pathway1 career planning1 individual with a barrier to employment1 local board1 older individual1 on-the-job training1 recognized postsecondary credential1 and ,state board have the meanings given such terms paragraphs 7#g71 7#h71 7#bd71 7#cc71 7#ci71 7#dd71 7#eb71 and 7#eg71 respectively1 of section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#c7 ,other definitions 7,a7 ,direct support worker ,the term direct support worker means-- 7i7 a direct support professional2 7ii7 a worker providing direct care services1 which may include palliative care1 in a home or community-based setting2 7iii7 a respite care provider who provides short-term support and care to an individual in order to provide relief to a family caregiver2 7iv7 a direct care worker1 as defined in section #gii;,b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #biep72 or 7v7 an individual in any other position or job related to those described in clauses 7i7 through 7iv71 as determined by the ,secretary in consultation with the ,secretary of ,health and ,human ,services acting through the ,administrator for the ,administration for ,community ,living4 7,b7 ,eligible entity ,the term eligible entity means an entity that is-- 7i7 a ,state2 7ii7 a labor organization or a joint labor-management organization2 7iii7 a nonprofit organization with experience in aging1 disability1 supporting the rights and interests of direct support workers1 or training or educating direct support workers2 7iv7 an ,indian ,tribe or ,tribal organization2 7v7 an urban ,indian organization2 7vi7 a ,state board or local board2 7vii7 an area agency on aging 7as defined in section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb772 7viii7 when in partnership with an entity described in any of clauses 7i7 through 7vii7 or with a consortium described in clause 7ix7-- 7,i7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7 or section #ajb7;a77#a77;,b7 of such ,act 7#bj ,u4,s4,c4 #ajjb7;a77#a77;,b7772 or 7,,ii7 an area career and technical education school2 or 7ix7 a consortium of entities listed in any of clauses 7i7 through 7vii74 7,c7 ,family caregiver ,the term family caregiver means a paid or unpaid adult family member or other individual who has a significant relationship with1 and who provides a broad range of assistance to1 an individual with a chronic or other health condition1 disability1 or functional limitation4 7,d7 ,home and community-based services ,the term home and community-based services has the meaning given such term in section #ihag7;a77#b7 of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b74 7,e7 ,person with a disability ,the term person with a disability means an individual with a disability as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7,f7 ,pre-apprenticeship program ,the term pre-apprenticeship program means a program that articulates to a registered apprenticeship program4 7,g7 ,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 #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc74 7,h7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7,i7 ,state ,the term ,state means each of the #ej ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 #bbcjb4 ,grants to support the direct care workforce 7a7 ,grants authorized ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for awarding1 on a competitive basis1 grants to eligible entities to carry out the activities described in subsection 7c7 with respect to direct support workers4 7b7 ,applications2 award basis 7#a7 ,applications 7,a7 ,in general ,an eligible entity seeking a grant under subsection 7a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary1 in coordination with the ,secretary of ,health and ,human ,services acting through the ,administrator of the ,administration for ,community ,living1 may require4 7,b7 ,contents ,each application under subparagraph 7,a7 shall include-- 7i7 a description of the type or types of direct support workers the entity plans to serve through the activities supported by the grant2 7ii7 a description of the one or more eligible entities collaborating to carry out the activities described in subsection 7c72 and 7iii7 an assurance that-- 7,i7 the eligible entity will consult on the development and implementation of the grant1 with direct support workers1 their representatives1 and recipients of direct care services and their families2 and 7,,ii7 the eligible entity will consult on the implementation of the grant1 or coordinate the activities of the grant1 with the agencies in the ,state that are responsible for developmental disability services1 aging1 education1 workforce development1 and ,medicaid1 to the extent that each such entity is not the eligible entity4 7#b7 ,duration of grants ,a grant awarded under this section shall be for a period of #c years1 and may be renewed4 ,the ,secretary1 in coordination with the ,secretary of ,health and ,human ,services acting through the ,administrator of the ,administration for ,community ,living1 shall award grants 7including any renewals7 under this section in #c-year cycles subject to the limits set forth in subsection 7a74 7c7 ,use of funds 7#a7 ,required use of funds ,each eligible entity receiving a grant under subsection 7a7 shall use the grant funds to provide competitive wages1 benefits1 and other supportive services1 including transportation1 child care1 dependent care1 workplace accommodations1 and workplace health and safety protections1 to the direct support workers served by the grant that are necessary to enable such workers to participate in the activities supported by the grant4 7#b7 ,additional activities ,in addition to the requirement described in paragraph 7#a71 each eligible entity receiving a grant under subsection 7a7 shall use the grant funds for one or more of the following activities3 7,a7 ,developing and implementing a strategy for the recruitment of direct support workers4 7,b7 ,developing and implementing a strategy for the retention of direct support workers using evidence-based best practices1 such as providing mentoring to such workers1 including a strategy that can also support family caregivers4 7,c7 ,developing or implementing an education and training program for the direct support workers served by the grant1 which shall include-- 7i7 education and training on-- 7,i7 the rights of direct support workers under applicable ,federal1 ,state1 or local employment law on-- 7aa7 safe working conditions1 including under section #e of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fed72 and 7bb7 forming1 joining1 or assisting a labor organization1 including under sections #g and #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeg1 #aeh72 and 7,,ii7 relevant ,federal and ,state laws 7including regulations7 on the provision of home and community-based services2 and 7ii7 providing a progressively increasing1 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 subparagraph1 with a schedule of hourly wages that-- 7,i7 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 program2 and 7,,ii7 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 ,federal1 ,state1 or local law1 or a collective bargaining agreement2 7iii7 developing and implementing a strategy for the retention and career advancement of the direct support workers served by the grant1 including providing career planning for the direct support workers served by the grant to support the identification of advancement opportunities1 and career pathways in the direct care or home care sectors2 and 7iv7 using evidence-based models and standards for achievement for the attainment of any associated recognized postsecondary credentials1 which include-- 7,i7 supporting opportunities to participate in pre-apprenticeship or registered apprenticeship programs1 work-based learning1 or on-the-job training2 7,,ii7 providing on-the-job supervision or mentoring to support the development of related skills and competencies throughout completion of such credentials2 and 7,,iii7 training on the in-demand skills and competencies of direct support workers served by the grant1 including the provision of culturally competent and disability competent supports and services4 7d7 ,supplement and not supplant ,an eligible entity receiving a grant under this section shall use such grant only to supplement1 and not supplant1 the amount of funds that1 in the absence of such grant1 would be available to the eligible entity to address the recruitment1 education and training1 retention1 or career advancement of direct support workers in the ,state served by the grant4 #e ,department of ,labor ,inspector ,general and ,program ,administration ,funding #bbdja4 ,department of ,labor ,inspector ,general ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,inspector ,general of the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dj1jjj1jjj1 to remain available until expended1 for salaries and expenses necessary for oversight1 investigations1 and audits of programs1 grants1 and projects of the ,department of ,labor funded under this subtitle and subtitle ,b of this title4 #bbdjb4 ,program administration ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ij1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for program administration within the ,department of ,labor for salaries and expenses necessary to implement part #a 7other than section #bbjjg71 and parts #c and #d1 of this subtitle4 ,d ,child care and universal pre-kindergarten #bcjja4 ,birth through five child care and early learning entitlement 7a7 ,child care definitions ,the definitions in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn7 shall apply to this section1 except as provided in subsection 7b7 and as otherwise specified4 7b7 ,additional definitions ,in this section3 7#a7 ,child care certificate 7,a7 ,in general ,the term child care certificate means a certificate 7that may be a check or other disbursement7 that is issued by a ,state1 ,tribal1 territorial1 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 provider4 7,b7 ,rule ,nothing in this section shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent4 ,for the purposes of this section1 child care certificates shall be considered ,federal financial assistance to the provider4 7#b7 ,child experiencing homelessness ,the term child experiencing homelessness means an individual who is a homeless child or youth under section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a74 7#c7 ,eligible activity ,the term eligible activity1 with respect to a parent1 shall include1 at minimum1 activities consisting of-- 7,a7 full-time or part-time employment2 7,b7 self-employment2 7,c7 job search activities2 7,d7 job training2 7,e7 secondary1 postsecondary1 or adult education1 including education through a program of high school classes1 a course of study at an institution of higher education1 classes towards an equivalent of a high school diploma recognized by ,state law1 or ,english as a second language classes2 7,f7 health treatment 7including mental health and substance use treatment7 for a condition that prevents the parent from participating in other eligible activities2 7,g7 activities to prevent child abuse and neglect1 or family violence prevention or intervention activities2 7,h7 employment and training activities under the supplemental nutrition assistance program established under section #f7;d77#d7 the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;d77#d772 7,i7 employment and training activities under the ,workforce ,innovation and ,opportunity ,act2 7,j7 a work activity described in subsection 7d7 of section #djg of the ,social ,security ,act 7#db ,u4,s4,c4 #fjg7 for which1 consistent with clauses 7ii7 and 7iii7 of section #djb7;a77#a77;,a7 of such ,act 7#db ,u4,s4,c4 #fjb7;a77#a77;,a771 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 ,act2 and 7,k7 taking leave under the ,family and ,medical ,leave ,act of #aiic 7or equivalent provisions for ,federal employees71 a ,state or local paid or unpaid leave law1 or a program of employer-provided leave4 7#d7 ,eligible child 7,a7 ,in general ,the term eligible child means an individual1 subject to subsection 7g77#a77;,c77i77,,iii7-- 7i7 who is less than #f years of age2 7ii7 who is not yet in kindergarten2 7iii7 whose family income-- 7,i7 does not exceed #ajj percent of the ,state median income for a family of the same size for fiscal year #bjbb2 7,,ii7 does not exceed #abe percent of such ,state median income for fiscal year #bjbc2 7,,iii7 does not exceed #aej percent of such ,state median income for fiscal year #bjbd2 and 7,,iv7 does not exceed #bej percent of such ,state median income for each of the fiscal years #bjbe through #bjbg2 and 7iv7 who-- 7,i7 resides with a parent or parents who are participating in an eligible activity2 7,,ii7 is included in a population of vulnerable children identified by the lead agency involved1 which at a minimum shall include children with disabilities1 infants and toddlers with disabilities1 children experiencing homelessness1 children in foster care1 children in kinship care1 and children who are receiving1 or need to receive1 child protective services2 or 7,,iii7 resides with a parent who is more than #fe years of age4 7,b7 ,expanded eligibility rule for fiscal years #bjbb through #bjbd 7i7 ,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 section4 7ii7 ,rule ,notwithstanding subparagraph 7,a77iii71 a ,state may use the payments under subsection 7g77#a7 for fiscal year #bjbb1 #bjbc1 or #bjbd1 to provide direct child care services described in subsection 7h77#a77;,a7 to children who meet the requirements of clauses 7i71 7ii71 and 7iv7 of subparagraph 7,a7 and whose family income exceeds the percentage specified in subparagraph 7,a77iii7 7but does not exceed #bej percent7 of ,state median income for a family of the same size for a given fiscal year1 if the ,state has appropriately prioritized1 subject to approval by the ,secretary1 assistance for such services based on family income4 7iii7 ,variation in cost of living ,in determining eligibility under this subparagraph1 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 7ii7 in a region of the ,state based on such variation1 subject to approval by the ,secretary4 7#e7 ,eligible child care provider 7,a7 ,in general ,the term eligible child care provider means a center-based child care provider1 a family child care provider1 or other provider of child care services for compensation that-- 7i7 is licensed to provide child care services under ,state law or1 in the case of an ,indian ,tribe or ,tribal organization1 meets the rules set by the ,secretary2 7ii7 participates in the ,state's tiered system for measuring the quality of eligible child care providers described in subsection 7f77#d77;,b71 or1 in the case of an ,indian ,tribe or ,tribal organization1 meets the rules set by the ,secretary-- 7,i7 not later than the last day of the third fiscal year for which the ,state receives funds under this section2 and 7,,ii7 for the remainder of the period for which the provider receives funds under this section2 and 7iii7 satisfies the ,state and local requirements1 including those requirements described in section #feh;,e7c77#b77;,i7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7c77#b77;,i774 7,b7 ,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 #aiij on the date the ,state submits an application for funds under this section1 and remains in compliance with any licensing or registration standards1 or regulations1 of the ,state1 shall be deemed to be an eligible child care provider under this section for #c4e years after the ,state first receives funding under this section4 7#f7 ,,fmap ,the term ,,fmap has the meaning given the term ,federal medical assistance percentage in the first sentence of section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b774 7#g7 ,family child care provider ,the term family child care provider means one or more individuals who provide child care services1 in a private residence other than the residences of the children involved1 for less than #bd hours per day per child1 or for #bd hours per day per child due to the nature of the work of the parent involved4 7#h7 ,inclusive care ,the term inclusive1 with respect to care 7including child care71 means care provided by an eligible child care provider-- 7,a7 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 7whichever the provider serves7 among children within the ,state involved2 and 7,b7 that provides care and full participation for children with disabilities and infants and toddlers with disabilities 7whichever the provider serves7 alongside children who are-- 7i7 not children with disabilities2 and 7ii7 not infants and toddlers with disabilities4 7#i7 ,infant or toddler ,the term infant or toddler means an individual who is less than #c years of age4 7#aj7 ,infant or toddler with a disability ,the term infant or toddler with a disability has the meaning given the term in section #fcb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adcb74 7#aa7 ,lead agency ,the term lead agency means the agency designated under subsection 7e74 7#ab7 ,state ,the term ,state means any of the #ej ,states and the ,district of ,columbia4 7#ac7 ,territory ,the term territory means the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7c7 ,appropriations 7#a7 ,states 7,a7 ,state appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7i7 7,i7 #aa1dfj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subsection 7h77#a77;,a7 in fiscal year #bjbb2 7,,ii7 #e1gcj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subsection 7h77#a77;,b7 in fiscal year #bjbb2 7,,iii7 #d1abe1fjj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subparagraph 7,a7 or 7,b7 of subsection 7h77#a71 as determined by the ,state or ,commonwealth1 in fiscal year #bjbb2 and 7,,iv7 #a1fjd1djj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subparagraph 7,a71 7,b71 or 7,c7 of subsection 7h77#a71 as determined by the ,state or ,commonwealth1 in fiscal year #bjbb2 7ii7 7,i7 #af1bce1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subsection 7h77#a77;,a7 in fiscal year #bjbc2 7,,ii7 #h1aag1ejj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subsection 7h77#a77;,b7 in fiscal year #bjbc2 7,,iii7 #e1hdd1fjj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subparagraph 7,a7 or 7,b7 of subsection 7h77#a71 as determined by the ,state or ,commonwealth1 in fiscal year #bjbc2 and 7,,iv7 #b1bgb1ijj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subparagraph 7,a71 7,b71 or 7,c7 of subsection 7h77#a71 as determined by the ,state or ,commonwealth1 in fiscal year #bjbc2 and 7iii7 7,i7 #bj1jee1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subsection 7h77#a77;,a7 in fiscal year #bjbd2 7,,ii7 #aj1jbg1ejj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subsection 7h77#a77;,b7 in fiscal year #bjbd2 7,,iii7 #g1bai1hjj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subparagraph 7,a7 or 7,b7 of subsection 7h77#a71 as determined by the ,state or ,commonwealth1 in fiscal year #bjbd2 and 7,,iv7 #b1hjg1gjj1jjj1 to remain available until ,september #cj1 #bjbg1 for ,states and the ,commonwealth of ,puerto ,rico1 to carry out the activities described in subparagraph 7,a71 7,b71 or 7,c7 of subsection 7h77#a71 as determined by the ,state or ,commonwealth1 in fiscal year #bjbd4 7,b7 ,state entitlement ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary for each of fiscal years #bjbe through #bjbg1 for payments to ,states1 for carrying out this section 7other than carrying out activities described in paragraph 7#d71 7#e71 or 7#f774 7#b7 ,indian ,tribes and ,tribal organizations 7,a7 ,indian ,tribe and ,tribal organization appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 for grants to ,indian ,tribes and ,tribal organizations for the purpose of carrying out the child care program described in this section 7other than carrying out activities described in paragraph 7#d71 7#e71 or 7#f771 consistent1 to the extent practicable as determined by the ,secretary1 with the requirements applicable to ,states-- 7i7 #ifj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the child care program in fiscal year #bjbb2 7ii7 #a1cfj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the child care program in fiscal year #bjbc2 and 7iii7 #a1fhj1jjj1jjj to remain available until ,september #cj1 #bjbg1 to carry out the child care program in fiscal year #bjbd4 7,b7 ,indian ,tribe and ,tribal organization entitlement ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary for each of fiscal years #bjbe through #bjbg1 for payments to ,indian ,tribes and ,tribal organizations1 for the purpose of carrying out the child care program described in this section 7other than carrying out activities described in paragraph 7#d71 7#e71 or 7#f771 consistent1 to the extent practicable as determined by the ,secretary1 with the requirements applicable to ,states4 7#c7 ,territories 7,a7 ,territory appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 for grants to ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands for the purpose of carrying out the child care program described in this section 7other than carrying out activities described in paragraph 7#d71 7#e71 or 7#f771 consistent1 to the extent practicable as determined by the ,secretary1 with the requirements applicable to ,states-- 7i7 #abj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the child care program in fiscal year #bjbb2 7ii7 #agj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the child care program in fiscal year #bjbc2 and 7iii7 #baj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the child care program in fiscal year #bjbd4 7,b7 ,territory entitlement ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary for each of fiscal years #bjbe through #bjbg1 for payments to territories1 for the purpose of carrying out the child care program described in this section 7other than carrying out activities described in paragraph 7#d71 7#e71 or 7#f771 consistent1 to the extent practicable as determined by the ,secretary1 with the requirements applicable to ,states4 7#d7 ,grants to localities ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7,a7 #iej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of grants to localities described in subsection 7i77#b7 in fiscal year #bjbc2 7,b7 #iej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of grants to localities described in subsection 7i77#b7 in fiscal year #bjbd2 7,c7 #iej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of grants to localities described in subsection 7i77#b7 in fiscal year #bjbe2 7,d7 #iej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of grants to localities described in subsection 7i77#b7 in fiscal year #bjbf2 and 7,e7 #iej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of grants to localities described in subsection 7i77#b7 in fiscal year #bjbg4 7#e7 ,head ,start expansion in nonparticipating ,states ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7,a7 #b1hej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of awards to ,head ,start agencies described in subsection 7i77#c7 in fiscal year #bjbc2 7,b7 #b1hej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of awards to ,head ,start agencies described in subsection 7i77#c7 in fiscal year #bjbd2 7,c7 #b1hej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of awards to ,head ,start agencies described in subsection 7i77#c7 in fiscal year #bjbe2 7,d7 #b1hej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of awards to ,head ,start agencies described in subsection 7i77#c7 in fiscal year #bjbf2 and 7,e7 #b1hej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of awards to ,head ,start agencies described in subsection 7i77#c7 in fiscal year #bjbg4 7#f7 ,federal administration 7,a7 ,fiscal years #bjbb through #bjbe ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7i7 #acj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out subsections 7k7 and 7l7 in fiscal year #bjbb2 7ii7 #acj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out subsections 7k7 and 7l7 in fiscal year #bjbc2 7iii7 #acj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out subsections 7k7 and 7l7 in fiscal year #bjbd2 and 7iv7 #acj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out subsections 7k7 and 7l7 in fiscal year #bjbe4 7,b7 ,fiscal years #bjbf through #bjbg ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services1 out of any money in the ,treasury not otherwise appropriated1 for each of fiscal years #bjbf and #bjbg1 an amount equal to #a4jf percent of the prior year's appropriation under paragraph 7#a77;,b71 to carry out subsections 7k7 and 7l74 7d7 ,establishment of birth through five child care and early learning entitlement program 7#a7 ,in general ,the ,secretary is authorized to administer a child care and early learning entitlement program under which an eligible child1 in a ,state1 territory1 or ,indian ,tribe1 or served by a ,tribal organization1 with an approved application under subsection 7f7 or 7g71 shall be provided an opportunity to obtain high-quality child care services1 subject to the requirements of this section4 7#b7 ,assistance for every eligible child ,beginning on ,october #a1 #bjbd1 every child who applies for assistance under this section1 who is in a ,state with an approved application under subsection 7g71 or in a territory or ,indian ,tribe or served by a ,tribal organization with an approved application under subsection 7f71 and who is determined1 by a lead agency 7or other entity designated by a lead agency7 for the ,state1 territory1 ,indian ,tribe1 or ,tribal organization involved1 following standards and procedures established by the ,secretary by rule1 to be an eligible child1 shall be offered assistance for direct child care services in accordance with and subject to the requirements and limitations of this section4 7e7 ,lead agency ,the ,governor of a ,state or the head of a territory or ,indian ,tribe1 desiring for the ,state1 territory1 or ,indian tribe or a related tribal organization to receive a payment under this section1 shall designate a lead agency 7such as a ,state agency or joint interagency office7 to administer the child care program carried out under this section4 7f7 ,applications and state plans 7#a7 ,application ,to be eligible to receive assistance under this section1 a ,state shall prepare and submit to the ,secretary for approval an application containing a ,state plan that-- 7,a7 for a transitional ,state plan1 meets the requirements under paragraph 7#c7 and contains such information as the ,secretary may require1 to demonstrate the ,state will meet the requirements of this section2 and 7,b7 for a full ,state plan1 meets the requirements under paragraph 7#d7 and contains that information4 7#b7 ,period covered by plan ,a ,state plan contained in the application shall be designed to be implemented-- 7,a7 for a transitional ,state plan1 during a period of not more than #c years2 and 7,b7 for a full ,state plan1 during a period of not more than #c years4 7#c7 ,requirements for transitional state plans ,for a period of not more than #c years following the date of enactment of this ,act1 the ,secretary shall award funds under this section to ,states with an approved application that contains a transitional ,state plan1 submitted under paragraph 7#a77;,a7 at such time1 in such manner1 and containing such information as the ,secretary shall require1 including1 at a minimum-- 7,a7 an assurance that the ,state will submit a ,state plan under paragraph 7#d72 and 7,b7 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 ,state1 in alignment with the requirements of this section4 7#d7 ,requirements for full state plans ,the ,secretary shall award funds under this section to ,states with an approved application that contains a full ,state plan1 submitted under paragraph 7#a77;,b71 at such time1 in such manner1 and containing such information as the ,secretary shall by rule require1 including1 at a minimum1 the following3 7,a7 ,payment rates and cost estimation 7i7 ,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 plan1 within #c years after the ,state first receives funds under this section-- 7,i7 will be sufficient to meet the cost of child care1 and set in accordance with a cost estimation model or cost study described in clause 7ii7 that is approved by the ,secretary2 and 7,,ii7 will correspond to differences in quality 7including improved quality7 based on the ,state's tiered system for measuring the quality of eligible child care providers described in subparagraph 7,b74 7ii7 ,cost estimation ,such ,state plan shall-- 7,i7 demonstrate that the ,state has1 after consulting with relevant entities and stakeholders1 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 7,b71 and variations in the cost of direct child care services by geographic area1 type of provider1 and age of child1 and the additional costs associated with providing inclusive care2 7,,ii7 certify that the ,state's payment rates for direct child care services for which assistance is provided in accordance with this section-- 7aa7 are set in accordance with the most recent estimates from the most recent cost estimation model or cost study under subclause 7,i71 so that providers at each tier of the tiered system for measuring provider quality described in subparagraph 7,b7 receive a payment that is sufficient to meet the requirements of such tier2 7bb7 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 tier2 7cc7 ensure adequate wages for staff of child care providers providing such direct child care services that-- 7,,aa7 at a minimum1 provide a living wage for all staff of such child care providers2 and 7,,bb7 are equivalent to wages for elementary educators with similar credentials and experience in the ,state2 and 7dd7 are adjusted on an annual basis for cost of living increases to ensure those payment rates remain sufficient to meet the requirements of this section2 and 7,,iii7 certify that the ,state will update1 not less often than once every #c years1 the cost estimation model or cost study described in subclause 7,i74 7iii7 ,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 services4 7,b7 ,tiered system for measuring the quality of eligible child care providers ,such ,state plan shall certify that the ,state has implemented1 or assure that the ,state will implement within #c years after first receiving funds under this section1 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 section4 ,such tiered system shall-- 7i7 include a set of standards1 for determining the tier of quality of a child care provider1 that-- 7,i7 uses standards for a highest tier that at a minimum are equivalent to ,head ,start program performance standards described in section #fda;,a7a77#a77;,b7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcf;a7a77#a77;,b77 or other equivalent evidence-based standards approved by the ,secretary2 and 7,,ii7 includes quality indicators and thresholds that are appropriate for child development in different types of child care provider settings1 including child care centers and the settings of family child care providers1 and are appropriate for providers serving different age groups 7including mixed age groups7 of children2 7ii7 include a different set of standards that includes indicators1 when appropriate1 for care during nontraditional hours of operation2 and 7iii7 provide for sufficient resources and supports for child care providers at tiers lower than the highest tier to facilitate progression toward meeting higher quality standards4 7,c7 ,achieving high quality for all children ,such ,state plan shall certify the ,state has implemented1 or will implement within #c years after first receiving funds under this section1 policies and financing practices that will ensure all eligible children can choose to attend child care at the highest quality tier within #f years after the date of enactment of this ,act4 7,d7 ,compensation ,such plan shall provide a certification that the ,state has or will have within #c years after first receiving funds under this section1 a wage ladder for staff of eligible child care providers receiving assistance under this section1 including a certification that wages for such staff1 at a minimum1 will meet the requirements of subparagraph 7,a77ii77,,ii77cc74 7,e7 ,sliding fee scale for copayments 7i7 ,in general ,except as provided in clause 7ii77,i71 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 7ii7 to determine a copayment for a family receiving assistance under this section 7or1 for a family receiving part-time care1 a reduced copayment that is the proportionate amount of the full copayment74 7ii7 ,sliding fee scale ,a full copayment described in clause 7i7 shall use a sliding fee scale that provides that1 for a family with a family income-- 7,i7 of not more than #ge percent of ,state median income for a family of the same size1 the family shall not pay a copayment1 toward the cost of the child care involved for all eligible children in the family2 7,,ii7 of more than #ge percent but not more than #ajj percent of ,state median income for a family of the same size1 the copayment shall be more than #j but not more than #b percent of that family income1 toward such cost for all such children2 7,,iii7 of more than #ajj percent but not more than #abe percent of ,state median income for a family of the same size1 the copayment shall be more than #b but not more than #d percent of that family income1 toward such cost for all such children2 7,,iv7 of more than #abe percent but not more than #aej percent of ,state median income for a family of the same size1 the copayment shall be more than #d but not more than #g percent of that family income1 toward such cost for all such children2 and 7,v7 of more than #aej percent but not more than #bej percent of the ,state median income for a family of the same size1 the copayment shall be #g percent of that family income1 toward such cost for all such children4 7,f7 ,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 charge1 for child care for an eligible child1 more than the total of-- 7i7 the financial assistance provided for the child under this section2 and 7ii7 any applicable copayment pursuant to subparagraph 7,e74 7,g7 ,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 assistance1 and will receive such assistance1 for not less than #ab months unless the child has aged out of the program1 and the child's eligibility determination and redetermination1 including any determination based on the ,state's definition of eligible activities1 shall be implemented in a manner that supports child well-being and reduces barriers to enrollment1 including continuity of services4 7,h7 ,policies to support access to child care for underserved populations ,the ,state plan shall demonstrate that the ,state will prioritize increasing access to1 and the quality and the supply of1 child care in the ,state for underserved populations1 including at a minimum1 low-income children1 children in underserved areas1 infants and toddlers1 children with disabilities and infants and toddlers with disabilities1 children who are dual language learners1 children experiencing homelessness1 children in foster or kinship care1 children who receive care during nontraditional hours1 and vulnerable children as defined by the lead agency pursuant to subsection 7b77#d77;,a77iv77,,ii74 7,i7 ,policies ,the ,state plan shall include a certification that the ,state will apply1 under this section1 the policies and procedures described in subparagraphs 7,a71 7,b71 7,i71 7,j71 7,k77i71 7,r71 and 7,u7 of section #feh;,e7c77#b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7c77#b771 and the policies and procedures described in section #feh;,h of such ,act 7#db ,u4,s4,c4 #iheh;f71 to child care services provided under this section4 7,j7 ,licensing ,the ,state plan shall demonstrate that the ,state has consulted or will consult with organizations 7including labor organizations7 representing child care directors1 teachers1 or other staff1 early childhood education and development experts1 and families to develop1 within #b4e years after first receiving funds under this section1 licensing standards 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 settings1 that will offer providers eligible under the ,child ,care and ,development ,block ,grant ,act of #aiij a reasonable pathway to become eligible providers under this section1 and that will assure an adequate supply of child care4 ,such plan shall describe the timeline the ,state will use to ensure sufficient time for providers described in subsection 7b77#e77;,b7 to comply with such licensing standards in order to remain eligible providers after #c4e years after the ,state first receives funding under this section4 7g7 ,payments 7#a7 ,payments for fiscal years #bjbb through #bjbd 7,a7 ,definitions ,for purposes of this paragraph-- 7i7 the term ,state means the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico2 and 7ii7 the term territory means ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands4 7,b7 ,allotments ,for each of fiscal years #bjbb through #bjbd1 the ,secretary shall1 from the amount appropriated under subsection 7c77#a77;,a7 for such fiscal year1 make allotments to each ,state with an application approved under subsection 7f7 in the same manner as the ,secretary makes such allotments using the formula under section #feh,o7b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm7b774 7,c7 ,payments 7i7 ,indian tribes and tribal organizations 7,i7 ,in general ,for each of fiscal years #bjbb through #bjbd1 from the amount appropriated for ,indian ,tribes and ,tribal organizations under subsection 7c77#b77;,a71 the ,secretary shall make payments to ,indian ,tribes and ,tribal organizations with an application approved under subclause 7,,ii71 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 section1 consistent1 to the extent practicable as determined by the ,secretary1 with the requirements applicable to ,states4 7,,ii7 ,applications ,an ,indian ,tribe or ,tribal organization seeking a payment under this clause shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may specify1 including an agreement to provide reports under subsection 7j77#g74 7,,iii7 ,special rule ,the ,secretary shall determine eligibility criteria for children from ,indian tribes who are less than #f years of age and not yet in kindergarten1 which eligibility criteria shall not be more stringent than the eligibility criteria under subsection 7b77#d77;,a74 7ii7 ,territories 7,i7 ,in general ,for each of fiscal years #bjbb through #bjbd1 from the amount appropriated for territories under subsection 7c77#c77;,a71 the ,secretary shall make payments to the territories with an application approved under subclause 7,,ii71 and the territories shall be entitled to such payments1 for the purpose of carrying out the child care program described in this section1 consistent1 to the extent practicable as determined by the ,secretary1 with the requirements applicable to ,states4 7,,ii7 ,applications ,a territory seeking a payment under this clause shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may specify1 including an agreement to provide reports under subsection 7j77#g74 7iii7 ,states ,for each of fiscal years #bjbb through #bjbd1 each ,state that has an application approved under subsection 7f7 shall be entitled to a payment under this clause in the amount equal to its allotment under subparagraph 7,b7 for such fiscal year4 7,d7 ,authorities 7i7 ,fiscal years #bjbb through #bjbd ,notwithstanding any other provision of this paragraph1 for each of fiscal years #bjbb through #bjbd1 the ,secretary shall have the authority-- 7,i7 to reallot funds that were allotted under subparagraph 7,b7 from any ,state without an approved application under subsection 7f7 by the date required by the ,secretary1 to ,states with an approved application under that subsection2 and 7,,ii7 to reallot any amounts available for payments under subparagraph 7,c7 that the ,secretary elected to allot for-- 7aa7 an ,indian ,tribe or ,tribal organization without an approved application under subparagraph 7,c77i77,,ii7 by the date required by the ,secretary1 to ,tribes or ,tribal organizations with such an approved application2 and 7bb7 any territory without an approved application under subparagraph 7,c77ii77,,ii7 by the date required by the ,secretary1 to territories with such an approved application4 7ii7 ,fiscal year #bjbe ,notwithstanding any other provision of this section1 on ,october #a1 #bjbd1 the ,secretary shall have the authority to reallot funds from payments made under subparagraph 7,c7 that are unobligated on such date1 to any entity without such unobligated funds that is a ,state with an approved application under subsection 7f71 an ,indian ,tribe or ,tribal organization with an approved application under subparagraph 7,c77i77,,ii71 or a territory with an approved application under subparagraph 7,c77ii77,,ii71 to carry out the purposes of this section4 7#b7 ,payments for fiscal years #bjbe through #bjbg 7,a7 ,in general ,for each of fiscal years #bjbe through #bjbg3 7i7 ,child care assistance for eligible children 7,i7 ,in general ,the ,secretary shall pay to each ,state with an approved application under subsection 7f71 and that ,state shall be entitled to1 an amount for each quarter equal to #ie4ddj percent of expenditures 7which shall be the ,federal share of such expenditures7 in the quarter for direct child care services described under subsection 7h77#b77;,b7 for eligible children4 7,,ii7 ,exception ,funds reserved from the total under subsection 7h77#b77;,c7 shall be subject to clause 7ii74 7,,iii7 ,prohibition ,activities described in clause 7ii7 and clause 7iii7 may not be included in the cost of direct child care services described in this clause4 7ii7 ,activities to improve the quality and supply of child care services ,the ,secretary shall pay to each ,state with such an approved application1 and that ,state shall be entitled to1 an amount equal to the product of #a4jfjde and the ,,fmap of expenditures 7which product shall be the ,federal share of such expenditures7 to carry out activities to improve the quality and supply of child care services under subsection 7h77#b77;,c7 subject to the limit specified in clause 7i7 of such subsection4 7iii7 ,administration ,the ,secretary shall pay to each ,state with such an approved application1 and that ,state shall be entitled to1 an amount equal to #ec4jbb percent of expenditures 7which shall be the ,federal share of such expenditures7 for the costs of administration incurred by the ,state-- 7,i7 which shall include costs incurred by the ,state in carrying out the child care program established in this section2 and 7,,ii7 which may include1 at the option of the ,state1 costs associated with carrying out requirements1 policies1 and procedures described in section #feh;,h of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;f74 7,b7 ,advance payment2 retrospective adjustment ,for each of fiscal years #bjbe through #bjbg1 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 necessary1 and shall reduce or increase the payments as necessary to adjust for any overpayment or underpayment for previous periods4 ,no interest shall be charged or paid on any amount due because of an overpayment or underpayment for previous periods4 7,c7 ,territories and tribes ,for each of fiscal years #bjbe through #bjbg1 from the amounts appropriated under paragraph 7#b77;,b7 or 7#c77;,b7 of subsection 7c7 the ,secretary shall make payments to territories1 and ,indian ,tribes and ,tribal organizations1 as the case may be1 with applications submitted as described in paragraph 7#a71 and approved by the ,secretary for the purpose of carrying out the child care program described in this section1 consistent1 to the extent practicable as determined by the ,secretary 7subject to subsection 7d77#b771 with the requirements applicable to ,states4 ,the ,secretary shall make the payments to such territories1 ,indian ,tribes1 and ,tribal organizations on the basis of their relative need4 ,each entity that is such a territory1 ,indian ,tribe1 or ,tribal organization shall be entitled to such a payment as may be necessary to carry out the activities described in subsection 7h77#b71 and to pay for the costs of administration incurred by the entity1 which shall include costs incurred by the entity in carrying out the child care program1 and which may include1 at the option of the entity1 costs associated with carrying out requirements1 policies1 and procedures described in section #feh;,h of the ,child ,care and ,development ,block ,grant ,act of #aiij4 7h7 ,use of funds 7#a7 ,use of funds for fiscal years #bjbb through #bjbd ,for each of fiscal years #bjbb through #bjbd1 a ,state 7as defined in subsection 7g77#a77 that receives a payment under subsection 7g77#a7 shall use such payment for-- 7,a7 assistance for direct child care services1 which shall consist only of-- 7i7 assistance for direct child care services for eligible children through grants and contracts1 and child care certificates2 7ii7 increasing child care provider payment rates to support the cost of providing high-quality direct child care services1 including rates sufficient to support increased wages for staff of eligible child care providers2 and 7iii7 waiving or reducing copayments1 to ensure that the families of children receiving assistance under this section do not pay more than #g percent of family income toward the cost of the child care involved for all eligible children in the family2 7,b7 activities described in paragraph 7#b77;,c71 without regard to the requirement in clause 7i77,i7 of such paragraph or to the references to a quality child care amount in such paragraph2 and 7,c7 costs of administration incurred by the ,state1 which shall include the costs described in subclause 7,i7 of subsection 7g77#b77;,a77iii7 and may1 at the option of the ,state1 include the costs described in subclause 7,,ii7 of such subsection4 7#b7 ,use of funds for fiscal years #bjbe through #bjbg 7,a7 ,in general ,starting on ,october #a1 #bjbd1 a ,state shall use amounts provided to the ,state under subsection 7g77#b7 for direct child care services 7provided on a sliding fee scale basis71 activities to improve the quality and supply of child care services consistent with paragraph 7,c71 and ,state administration consistent with subsection 7g77#b77;,a77iii74 7,b7 ,child care assistance for eligible children 7i7 ,in general ,for each of fiscal years #bjbe through #bjbg1 from payments made to the ,state under subsection 7g77#b7 for that particular fiscal year1 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 7ii7 or a certificate as described in clause 7iii74 7ii7 ,grants and contracts ,the ,state shall award grants or contracts to eligible child care providers1 consistent with the requirements under this section1 for the provision of child care services for eligible children under this section that1 at a minimum-- 7,i7 support providers' operating expenses to meet and sustain health1 safety1 quality1 and wage standards required under this section2 and 7,,ii7 address underserved populations described in subsection 7f77#d77;,h74 7iii7 ,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 provider1 consistent with the requirements under this section4 7,c7 ,activities to improve the quality and supply of child care services 7i7 ,quality child care activities 7,i7 ,amount ,for each of fiscal years #bjbe through #bjbg1 from the total of the payments made to the ,state for a particular fiscal year1 the ,state shall reserve and use a quality child care amount equal to not less than #e percent and not more than #aj percent of the amount made available to the ,state through such payments for the previous fiscal year4 7,,ii7 ,use of quality child care amount ,each ,state shall use the quality child care amount described in subclause 7,i7 to implement activities described in this subparagraph to improve the quality and supply of child care services by eligible child care providers1 and increase the number of available slots in the ,state for child care services funded under this section1 prioritizing assistance for child care providers who are in underserved communities and who are providing1 or are seeking to provide1 child care services for underserved populations identified in subsection 7f77#d77;,h74 7,,iii7 ,administration ,activities funded under this subparagraph may be administered-- 7aa7 directly by the lead agency2 or 7bb7 through other ,state government agencies1 local or regional child care resource and referral organizations1 community development financial institutions1 other intermediaries with experience supporting child care providers1 or other appropriate entities that enter into a contract with the ,state to provide such assistance4 7ii7 ,quality and supply activities ,activities funded under the quality child care amount described in clause 7i7 shall include each of the following3 7,i7 ,startup grants and supply expansion grants 7aa7 ,in general ,from a portion of the quality child care amount1 a ,state shall make startup and supply expansion grants to support child care providers who are providing1 or seeking to provide1 child care services to children receiving assistance under this section1 with priority for providers providing or seeking to provide child care in underserved communities and for underserved populations identified in subsection 7f77#d77;,h71 to-- 7,,aa7 support startup and expansion costs2 and 7,,bb7 assist such providers in meeting health and safety requirements1 achieving licensure1 and meeting requirements in the ,state's tiered system for measuring the quality of eligible child care providers4 7bb7 ,requirement ,as a condition of receiving a startup or supply expansion grant under this subclause1 a child care provider shall commit to meeting the requirements of an eligible provider under this section1 and providing child care services to children receiving assistance under this section on an ongoing basis4 7,,ii7 ,quality grants ,from a portion of the quality child care amount1 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 providers1 including-- 7aa7 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 7f77#d77;,b72 and 7bb7 supporting such providers in sustaining child care quality1 including supporting increased wages for staff and supporting payment of fixed costs4 7,,iii7 ,facilities grants 7aa7 ,in general ,from a portion of the quality child care amount1 a ,state shall provide support1 including through awarding facilities grants1 for remodeling1 renovation1 or repair of a building or facility to the extent permitted under section #feh;,f7b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh74 7bb7 ,additional uses ,for fiscal years #bjbb through #bjbd1 and in subsequent years with approval from the ,secretary1 a ,state may award such facilities grants for construction1 permanent improvement1 or major renovation of a building or facility primarily used for providing direct child care services1 in accordance with the following3 7,,aa7 ,federal interest provisions will not apply to the renovation or rebuilding of privately-owned family child care homes under this subclause4 7,,bb7 ,eligible child care providers may not use funds for buildings or facilities that are used primarily for sectarian instruction or religious worship4 7,,cc7 ,the ,secretary shall develop parameters on the use of funds under this subclause for family child care homes4 7,,dd7 ,the ,secretary shall not retain ,federal interest after a period of #aj years in any facility built1 renovated1 or repaired with funds awarded under this subclause4 7,,iv7 ,limitation ,for purposes of subclause 7,,iii71 the ,secretary shall not-- 7aa7 enter into any agreement related to funds for activities carried out under subclause 7,,iii7-- 7,,aa7 that is for a term extending beyond ,september #cj1 #bjca2 and 7,,bb7 under which any payment could be outlaid after ,september #cj1 #bjca2 or 7bb7 use any other funds available to the ,secretary1 other than funds provided under this section1 to satisfy obligations initially made for activities carried out under subclause 7,,iii74 7,v7 ,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 program1 which shall include-- 7aa7 supporting the training and professional development of the early childhood workforce1 including supporting degree attainment and credentialing for early childhood educators2 7bb7 developing1 implementing1 or enhancing the ,state's tiered system for measuring the quality of eligible child care providers under subsection 7f77#d77;,b72 7cc7 improving the supply and quality of developmentally appropriate and inclusive child care programs and services for underserved populations described in subsection 7f77#d77;,h72 7dd7 improving access to child care services for vulnerable children as defined by the lead agency pursuant to subsection 7b77#d77;,a77iv77,,ii72 and 7ee7 providing outreach and enrollment support for families of eligible children4 7,,vi7 ,technical assistance ,from a portion of the quality child care amount1 the ,state shall provide technical assistance to increase the supply and quality of eligible child care providers who are providing1 or seeking to provide1 child care services to children receiving assistance under this section1 including providing support to enable providers to achieve licensure4 7i7 ,grants to localities and awards to ,head ,start programs 7#a7 ,eligible locality defined ,in this subsection1 the term eligible locality means a city1 county1 or other unit of general local government4 7#b7 ,grants to localities 7,a7 ,in general ,the ,secretary shall use funds appropriated under subsection 7c77#d7 to award local ,birth ,through ,five ,child ,care and ,early ,learning ,grants1 in accordance with rules established by the ,secretary1 to eligible localities located in ,states that have not received payments under subsection 7g74 ,the ,secretary shall award the grants to eligible localities in such a ,state from the allotment made for that ,state under subparagraph 7,b74 7,b7 ,allotments 7i7 ,poverty line defined ,in this subparagraph1 the term poverty line means the poverty line defined and revised as described in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb74 7ii7 ,general authority ,for each ,state described in subparagraph 7,a71 the ,secretary shall allot for the ,state for a fiscal year an amount that bears the same relationship to the funds appropriated under subsection 7c77#d7 for the fiscal year as the number of children from families with family incomes that are below #bjj percent of the poverty line1 and who are under the age of #f1 in the ,state bears to the total number of all such children in all ,states described in subparagraph 7,a74 7,c7 ,application ,to receive a grant from the corresponding ,state allotment under subparagraph 7,b71 an eligible locality shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,the requirements for the application shall1 to the greatest extent practicable1 be consistent with the ,state plan requirements applicable to ,states under subsection 7f74 7,d7 ,requirements ,the ,secretary shall specify the requirements for an eligible locality to provide access to child care1 which child care requirements shall1 to the greatest extent practicable1 be consistent with the requirements applicable to ,states under this section4 7,e7 ,recoupment of unused funds ,notwithstanding any other provision of this section1 for each of fiscal years #bjbc through #bjbg1 the ,secretary shall have the authority to recoup any unused funds allotted under subparagraph 7,b7 for awards under paragraph 7#c77;,a7 to ,head ,start agencies in accordance with paragraph 7#c74 7#c7 ,head ,start expansion in nonparticipating ,states 7,a7 ,in general ,the ,secretary shall use funds appropriated under subsection 7c77#e7 or recouped under paragraph 7#b7 to make awards to ,head ,start agencies in a ,state described in paragraph 7#b77;,a7 to carry out the purposes of the ,head ,start ,act in such ,state4 7,b7 ,rule ,for purposes of carrying out the ,head ,start ,act in circumstances not involving awards under this paragraph1 funds awarded under subparagraph 7,a7 shall not be included in the calculation of a base grant as such term is defined in section #fdj7;a77#g77;,a7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihce7;a77#g77;,a774 7,c7 ,definition ,in this paragraph1 the term ,head ,start agency means an entity designated or eligible to be designated as a ,head ,start agency under section #fda7;a77#a7 of the ,head ,start ,act or as an ,early ,head ,start agency 7by receiving a grant7 under section #fde;,a7a7 of such ,act4 7#d7 ,priority for serving underserved populations ,in making determinations to award a grant or make an award under this subsection1 the ,secretary shall give priority to entities serving a high percentage of individuals from underserved populations described in subsection 7f77#d77;,h74 7j7 ,program requirements 7#a7 ,nondiscrimination ,the following provisions of law shall apply to any program or activity that receives funds provided under this section3 7,a7 ,title ,,ix of the ,education ,amendments of #aigb4 7,b7 ,title ,,vi of the ,civil ,rights ,act of #aifd4 7,c7 ,section #ejd of the ,rehabilitation ,act of #aigc4 7,d7 ,the ,americans with ,disabilities ,act of #aiij4 7,e7 ,section #fed of the ,head ,start ,act4 7#b7 ,prohibition on additional eligibility requirements ,no individual shall be determined1 by the ,secretary1 a ,state1 or another recipient of funds under this section1 to be ineligible for child care services provided under this section1 except on the basis of eligibility requirements specified in or under this section4 7#c7 ,maintenance of effort 7,a7 ,in general ,a ,state that receives payments under this section for a fiscal year1 in using the funds made available through the payments1 shall maintain the expenditures of the ,state for child care services at the average level of such expenditures by the ,state for the #c preceding fiscal years4 7,b7 ,counting rule ,state expenditures counted for purposes of meeting the requirement in subparagraph 7,a7 may also be counted for purposes of meeting the requirement to provide a non-,federal share under clause 7i71 7ii71 or 7iii71 as appropriate1 of subsection 7g77#b77;,a74 7#d7 ,supplement not supplant ,funds received under this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended to provide child care services in the ,state on the date of enactment of this ,act1 calculated as the average amount of such ,federal1 ,state1 and local public funds expended for fiscal years #bjai1 #bjbj1 and #bjba4 7#e7 ,allowable sources of non-federal share ,for purposes of providing the non-,federal share required under subsection 7g77#b71 a ,state's non-,federal share-- 7,a7 for direct child care services described in subsection 7g77#b77;,a77i7-- 7i7 shall not include contributions being used as a non-,federal share or match for another ,federal award2 and 7ii7 shall be provided from ,state or local sources1 contributions from philanthropy or other private organizations1 or a combination of such sources and contributions2 and 7,b7 for activities to improve the quality and supply of child care services described in subsection 7g77#b77;,a77ii71 and administration described in subsection 7g77#b77;,a77iii7-- 7i7 shall not include contributions being used as a non-,federal share or match for another ,federal award2 7ii7 shall be provided from ,state or local sources1 contributions from philanthropy or other private organizations1 or a combination of such sources and contributions2 and 7iii7 may be in cash or in kind1 fairly evaluated1 including facilities or property1 equipment1 or services4 7#f7 ,information for determinations ,for purposes of determinations of participation in an eligible activity1 the provision of information for such determinations by ,federal agencies other than the ,department of ,health and ,human ,services shall not be required4 7#g7 ,reports ,a ,state1 ,indian ,tribe1 ,tribal organization1 or territory receiving funds under this section shall provide to the ,secretary such periodic reports1 providing a detailed accounting of the uses of the funds received under this section1 as the ,secretary may require for the administration of this section4 ,the ,state1 ,indian ,tribe1 ,tribal organization1 or territory shall begin to provide the reports beginning not later than #fj days after its initial receipt of a payment under subsection 7g77#a74 7k7 ,monitoring and enforcement 7#a7 ,review of compliance with requirements and state plan ,the ,secretary shall review and monitor compliance of ,states1 territories1 ,tribal entities1 and local entities with this section and ,state compliance with the plan described in subsection 7f77#d74 7#b7 ,issuance of rule ,the ,secretary shall establish by rule procedures for-- 7,a7 receiving1 processing1 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 section2 7,b7 notifying a ,state when the ,secretary has determined there has been a failure by the ,state to comply with a requirement of this section2 and 7,c7 imposing sanctions under this subsection for such a failure4 7l7 ,federal administration ,using funds reserved under subsection 7c77#f71 the ,secretary shall carry out administration of this section1 shall provide 7including through the use of grants or cooperative agreements7 technical assistance to ,states1 territories1 ,indian ,tribes1 and ,tribal organizations1 and shall carry out research1 and evaluations related to this section4 7m7 ,transition provisions 7#a7 ,treatment of child care and development block grant funds ,for each of fiscal years #bjbe1 #bjbf1 and #bjbg1 a ,state receiving assistance under this section shall not use more than #aj percent of any funds received under the ,child ,care and ,development ,block ,grant ,act of #aiij to provide assistance for direct child care services to children who are under the age of #f1 are not yet in kindergarten1 and are eligible under that ,act4 7#b7 ,special rules regarding eligibility ,any child who is less than #f years of age1 is not yet in kindergarten1 and is receiving assistance under the ,child ,care and ,development ,block ,grant ,act of #aiij on the date funding is first allocated to the lead agency for the ,state1 territory1 ,indian ,tribe1 or ,tribal organization involved under this section-- 7,a7 shall be deemed immediately eligible to receive assistance under this section2 and 7,b7 may continue to use the child care provider of the family's choice4 7#c7 ,transition procedures ,the ,secretary is authorized to institute procedures for implementing this section1 including issuing guidance for ,states receiving funds under subsection 7g77#a74 #bcjjb4 ,universal preschool 7a7 ,definitions ,in this section3 7#a7 ,child experiencing homelessness ,the term child experiencing homelessness means an individual who is a homeless child or youth under section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a74 7#b7 ,child with a disability ,the term child with a disability has the meaning given the term in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja74 7#c7 ,comprehensive services ,the term comprehensive services means services that are provided to low-income children and their families1 and that are health1 educational1 nutritional1 social1 and other services that are determined1 based on family needs assessments1 to be necessary1 within the meaning of section #fcf of the ,head ,start ,act 7#db ,u4,s4,c4 #ihca74 7#d7 ,dual language learner ,the term dual language learner means a child who is learning #b or more languages at the same time1 or a child who is learning a second language while continuing to develop the child's first language4 7#e7 ,eligible child ,the term eligible child means a child who is age #c or #d1 on the date established by the applicable local educational agency for kindergarten entry4 7#f7 ,eligible provider ,the term eligible provider means-- 7,a7 a local educational agency1 acting alone or in a consortium or in collaboration with an educational service agency 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja771 that is licensed by the ,state or meets comparable health and safety standards2 7,b7 a ,head ,start agency or delegate agency funded under the ,head ,start ,act2 7,c7 a licensed center-based child care provider1 licensed family child care provider1 or community- or neighborhood-based network of licensed family child care providers2 or 7,d7 a consortium of entities described in any of subparagraphs 7,a71 7,b71 and 7,c74 7#g7 ,head ,start agency ,the term ,head ,start agency1 as used in paragraph 7#f77;,b71 or subsection 7c77#e77;,d7 or 7f77#a71 means an entity designated as a ,head ,start agency under section #fda7;a77#a7 of the ,head ,start ,act or as an ,early ,head ,start agency 7by receiving a grant7 under section #fde;,a7a7 of such ,act4 7#h7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#i7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aj7 ,poverty line ,the term poverty line means the poverty line defined and revised as described in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb74 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#ab7 ,state ,the term ,state means each of the several ,states and the ,district of ,columbia4 7#ac7 ,territory ,the term territory means each of the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#ad7 ,tribal organization ,the term ,tribal organization has the meaning given the term tribal organization in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 7b7 ,universal preschool 7#a7 ,appropriations for ,states 7,a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7i7 #d1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for payments to ,states1 for carrying out this section 7except provisions and activities covered by paragraph 7#b77 in fiscal year #bjbb2 7ii7 #f1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for payments to ,states1 for carrying out this section 7except provisions and activities covered by paragraph 7#b77 in fiscal year #bjbc2 and 7iii7 #h1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for payments to ,states1 for carrying out this section 7except provisions and activities covered by paragraph 7#b77 in fiscal year #bjbd4 7,b7 ,additional appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary for each of fiscal years #bjbe through #bjbg1 to remain available for #a additional fiscal year1 for payments to ,states1 for carrying out this section 7except provisions and activities covered by paragraph 7#b774 7#b7 ,additional appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7,a7 #b1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for carrying out payments to ,indian ,tribes and ,tribal organizations for activities described in this section2 7,b7 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for carrying out payments to the territories1 to be distributed among the territories on the basis of their relative need1 as determined by the ,secretary in accordance with the objectives of this section1 for activities described in this section2 7,c7 #cjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for carrying out payments to eligible local entities that serve children in families who are engaged in migrant or seasonal agricultural labor1 for activities described in this section2 7,d7 7i7 #afe1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for carrying out ,federal activities to support the activities funded under this section1 including administration1 monitoring1 technical assistance1 and research1 in fiscal year #bjbb2 7ii7 #bjj1jjj1jjj to remain available until ,september #cj1 #bjbg1 for carrying out ,federal activities to support the activities funded under this section1 including administration1 monitoring1 technical assistance1 and research1 in fiscal year #bjbc2 7iii7 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for carrying out ,federal activities to support the activities funded under this section1 including administration1 monitoring1 technical assistance1 and research1 in fiscal year #bjbd2 7iv7 #bjh1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for carrying out ,federal activities to support the activities funded under this section1 including administration1 monitoring1 technical assistance1 and research1 in fiscal year #bjbe2 7v7 #bab1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for carrying out ,federal activities to support the activities funded under this section1 including administration1 monitoring1 technical assistance1 and research1 in fiscal year #bjbf2 and 7vi7 #baf1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 for carrying out ,federal activities to support the activities funded under this section1 including administration1 monitoring1 technical assistance1 and research1 in fiscal year #bjbg2 7,e7 7i7 #b1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to improve compensation of ,head ,start staff consistent with subparagraphs 7,a77i7 and 7,b77viii7 of section #fdj7;a77#e7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihce7;a77#e771 notwithstanding section #fec7;a7 of such ,act 7#db ,u4,s4,c4 #ihdh7;a771 in fiscal year #bjbb2 7ii7 #b1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to improve compensation of ,head ,start staff consistent with subparagraphs 7,a77i7 and 7,b77viii7 of section #fdj7;a77#e7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihce7;a77#e771 notwithstanding section #fec7;a7 of such ,act 7#db ,u4,s4,c4 #ihdh7;a771 in fiscal year #bjbc2 7iii7 #b1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to improve compensation of ,head ,start staff consistent with subparagraphs 7,a77i7 and 7,b77viii7 of section #fdj7;a77#e7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihce7;a77#e771 notwithstanding section #fec7;a7 of such ,act 7#db ,u4,s4,c4 #ihdh7;a771 in fiscal year #bjbd2 7iv7 #b1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to improve compensation of ,head ,start staff consistent with subparagraphs 7,a77i7 and 7,b77viii7 of section #fdj7;a77#e7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihce7;a77#e771 notwithstanding section #fec7;a7 of such ,act 7#db ,u4,s4,c4 #ihdh7;a771 in fiscal year #bjbe2 7v7 #b1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to improve compensation of ,head ,start staff consistent with subparagraphs 7,a77i7 and 7,b77viii7 of section #fdj7;a77#e7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihce7;a77#e771 notwithstanding section #fec7;a7 of such ,act 7#db ,u4,s4,c4 #ihdh7;a771 in fiscal year #bjbf2 and 7vi7 #b1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to improve compensation of ,head ,start staff consistent with subparagraphs 7,a77i7 and 7,b77viii7 of section #fdj7;a77#e7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihce7;a77#e771 notwithstanding section #fec7;a7 of such ,act 7#db ,u4,s4,c4 #ihdh7;a771 in fiscal year #bjbg2 7,f7 7i7 #a1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of grants to localities described in subsection 7f77#b7 in fiscal year #bjbc2 7ii7 #a1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of grants to localities described in subsection 7f77#b7 in fiscal year #bjbd2 7iii7 #a1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of grants to localities described in subsection 7f77#b7 in fiscal year #bjbe2 7iv7 #a1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of grants to localities described in subsection 7f77#b7 in fiscal year #bjbf2 and 7v7 #a1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of grants to localities described in subsection 7f77#b7 in fiscal year #bjbg2 and 7,g7 7i7 #a1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of awards to ,head ,start agencies described in subsection 7f77#c7 in fiscal year #bjbc2 7ii7 #a1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of awards to ,head ,start agencies described in subsection 7f77#c7 in fiscal year #bjbd2 7iii7 #a1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of awards to ,head ,start agencies described in subsection 7f77#c7 in fiscal year #bjbe2 7iv7 #a1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of awards to ,head ,start agencies described in subsection 7f77#c7 in fiscal year #bjbf2 and 7v7 #a1ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out the program of awards to ,head ,start agencies described in subsection 7f77#c7 in fiscal year #bjbg4 7c7 ,payments for state universal preschool services 7#a7 ,in general ,a ,state that has submitted1 and had approved by the ,secretary1 the ,state plan described in paragraph 7#e7 is entitled to a payment under this subsection4 7#b7 ,payments to states 7,a7 ,payments for fiscal years #bjbb through #bjbd ,from amounts made available under subsection 7b77#a7 for any of fiscal years #bjbb through #bjbd1 the ,secretary1 in collaboration with the ,secretary of ,education1 shall allot for the fiscal year1 to each ,state that has a ,state plan under paragraph 7#e7 or transitional ,state plan under paragraph 7#g7 that is approved for a period including that fiscal year1 an amount for the purpose of providing grants to eligible providers to provide high-quality preschool1 using a formula that considers-- 7i7 the proportion of the number of children who are below the age of #f and whose families have a family income at or below #bjj percent of the poverty line for the most recent year for which satisfactory data are available1 residing in the ,state1 as compared to the number of such children1 who reside in all ,states with approved plans for the fiscal year for which the allotment is being made2 and 7ii7 the existing ,federal preschool investments in the ,state under the ,head ,start ,act1 as of the date of the allotment4 7,b7 ,payments for fiscal years #bjbe through #bjbg 7i7 ,preschool services ,for each of fiscal years #bjbe through #bjbg1 the ,secretary shall pay to each ,state with an approved ,state plan under paragraph 7#e71 an amount for that year equal to-- 7,i7 #ie4ddj percent of the ,state's expenditures in the year for preschool services provided under subsection 7d71 for fiscal year #bjbe2 7,,ii7 #gi4ecd percent of the ,state's expenditures in the year for such preschool services1 for fiscal year #bjbf2 and 7,,iii7 #fc4fbg percent of the ,state's expenditures in the year for such preschool services1 for fiscal year #bjbg4 7ii7 ,state activities ,the ,secretary shall pay to each ,state with an approved ,state plan under paragraph 7#e7 an amount for a fiscal year equal to #ec4jbb percent of the amount of the ,state's expenditures for the activities described in paragraph 7#c71 except that in no case shall a payment for a fiscal year under this clause exceed the amount equal to #aj percent of the ,state's expenditures described in clause 7i7 for such fiscal year4 7iii7 ,non-federal share ,the remainder of the cost paid by the ,state for preschool services1 that is not provided under clause 7i71 shall be considered the non-,federal share of the cost of those services4 ,the remainder of the cost paid by the ,state for ,state activities1 that is not provided under clause 7ii71 shall be considered the non-,federal share of the cost of those activities4 7iv7 ,advance payment2 retrospective adjustment ,the ,secretary shall make a payment under clause 7i7 or 7ii7 for a year on the basis of advance estimates of expenditures submitted by the ,state and such other investigation as the ,secretary may find necessary1 and shall reduce or increase the payment as necessary to adjust for any overpayment or underpayment for a previous year4 7,c7 ,authorities 7i7 ,fiscal years #bjbb through #bjbd ,notwithstanding any other provision of this paragraph1 for each of fiscal years #bjbb through #bjbd1 the ,secretary shall have the authority to reallot funds that were allotted under subparagraph 7,a7 from any ,state without an approved application under paragraph 7#e7 by the date required by the ,secretary1 to ,states with an approved application under that subsection4 7ii7 ,fiscal year #bjbe ,notwithstanding any other provision of this section1 on ,october #a1 #bjbd1 the ,secretary shall have the authority to reallot funds from payments made from allotments under subparagraph 7,a7 that are unobligated on such date1 to any ,state without such unobligated funds that is a ,state with an approved application under paragraph 7#e71 to carry out the purposes of this section4 7#c7 ,state activities ,a ,state that receives a payment under paragraph 7#b7 shall carry out all of the following activities3 7,a7 ,state administration of the ,state preschool program described in this section4 7,b7 ,supporting a continuous quality improvement system for providers of preschool services participating1 or seeking to participate1 in the ,state preschool program1 through the use of data1 researching1 monitoring1 training1 technical assistance1 professional development1 and coaching4 7,c7 ,providing outreach and enrollment support for families of eligible children4 7,d7 ,supporting data systems building4 7,e7 ,supporting staff of eligible providers in pursuing credentials and degrees1 including baccalaureate degrees4 7,f7 ,supporting activities that ensure access to inclusive preschool programs for children with disabilities4 7,g7 ,providing age-appropriate transportation services for children1 which at a minimum shall include transportation services for children experiencing homelessness and children in foster care4 7,h7 ,conducting or updating a statewide needs assessment of access to high-quality preschool services4 7#d7 ,lead agency ,the ,governor of a ,state desiring for the ,state to receive a payment under this subsection shall designate a lead agency 7such as a ,state agency or joint interagency office7 for the administration of the ,state's preschool program under this section4 7#e7 ,state plan ,in order to be eligible for payments under this section1 the ,governor of a ,state shall submit a ,state plan to the ,secretary for approval by the ,secretary1 in collaboration with the ,secretary of ,education1 at such time1 in such manner1 and containing such information as the ,secretary shall by rule require1 that includes a plan for achieving universal1 high-quality1 free1 inclusive1 and mixed-delivery preschool services4 ,such plan shall include1 at a minimum1 each of the following3 7,a7 ,a certification that-- 7i7 the ,state has in place developmentally appropriate1 evidence-based preschool standards that1 at a minimum1 are as rigorous as the standards specified in subparagraph 7,b7 of section #fda;,a7a77#a7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcf;a7a77#a77 and include program standards for class sizes and ratios2 and 7ii7 the ,state will coordinate such standards with other early learning standards in the ,state4 7,b7 ,an assurance that the ,state will ensure-- 7i7 all preschool services in the ,state funded under this section will-- 7,i7 be universally available to all children in the ,state without any additional eligibility requirements2 7,,ii7 be high-quality1 free1 and inclusive2 and 7,,iii7 by not later than #a year after the ,state receives such funding1 meet the ,state's preschool education standards described in subparagraph 7,a72 and 7ii7 that the local preschool programs in the ,state funded under this section will-- 7,i7 offer programming that meets the duration requirements of at least #a1jbj annual hours2 7,,ii7 adopt policies and practices to conduct outreach and provide expedited enrollment1 including prioritization1 to-- 7aa7 children experiencing homelessness 7which1 in the case of a child attending a program provided by an eligible provider described in subsection 7a77#f77;,a71 shall include immediate enrollment for the child72 7bb7 children in foster care or kinship care2 7cc7 children in families who are engaged in migrant or seasonal agricultural labor2 7dd7 children with disabilities1 including eligible children who are served under part ,c of the ,individuals with ,disabilities ,education ,act2 and 7ee7 dual language learners2 7,,iii7 provide for salaries1 and set schedules for salaries1 for staff of providers in the ,state preschool program that are equivalent to salaries of elementary school staff with similar credentials and experience2 7,,iv7 at a minimum1 provide a living wage for all staff of such providers2 and 7,v7 require educational qualifications for teachers in the preschool program including1 at a minimum1 requiring that lead teachers in the preschool program have a baccalaureate degree in early childhood education or a related field by not later than #f years after the date on which the ,state first receives funds under this ,act1 except that-- 7aa7 subject to item 7bb71 the requirements under this subclause shall not apply to individuals who were employed by an eligible provider or early education program for a cumulative #c of the #e years immediately preceding the date of enactment of this ,act and have the necessary content knowledge and teaching skills for early childhood educators1 as demonstrated through measures determined by the ,state2 and 7bb7 nothing in this section shall require the ,state to lessen ,state requirements for educational qualifications1 in existence on the date of enactment of this ,act1 to serve as a teacher in a ,state preschool program4 7,c7 ,for ,states with existing publicly funded ,state preschool programs 7as of the date of submission of the ,state plan71 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 program4 7,d7 ,a description of how the ,state1 in establishing and operating the ,state preschool program supported under this section1 will-- 7i7 support a mixed-delivery system for any new slots funded under this section1 including by facilitating the participation of ,head ,start programs and programs offered by licensed child care providers2 7ii7 ensure the ,state preschool program does not disrupt the stability of infant and toddler child care throughout the ,state2 7iii7 ensure adequate consultation with the ,state ,advisory ,council on ,early ,childhood ,education and ,care designated or established in section #fdb;,b7b77#a77;,a77i7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcg;b7b77#a77;,a77i77 in the development of its plan1 including consultation in how the ,state intends to distribute slots under clause 7v72 7iv7 partner with ,head ,start agencies to ensure the full utilization of ,head ,start programs within the ,state2 and 7v7 distribute new preschool slots equitably among child care 7including family child care7 providers1 ,head ,start agencies1 and schools within the ,state4 7,e7 ,a certification that the ,state1 in operating the program described in this section for a fiscal year-- 7i7 will not reduce the total preschool slots provided in ,state-funded preschool programs from the number of such slots in the previous fiscal year2 or 7ii7 if the number of eligible children identified in the ,state declines from the previous fiscal year1 will maintain at least the previous year's ratio of the total preschool slots described in clause 7i7 to eligible children so identified4 7,f7 ,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 ,act1 and a description of how the ,state will collaborate with entities carrying out programs under section #fai or part ,c of the ,individuals with ,disabilities ,education ,act1 to support inclusive preschool programs4 7,g7 ,a certification that the ,state will support the continuous quality improvement of programs providing preschool services under this section1 including support through technical assistance1 monitoring1 and research4 7,h7 ,a certification that the ,state will ensure a highly qualified early childhood workforce to support the requirements of this section4 7,i7 ,an assurance that the ,state will meet the requirements of clauses 7ii7 and 7iii7 of section #feh;,e7c77#b77,t7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7c77#b77,t771 with respect to funding and assessments under this section4 7,j7 ,a certification that subgrant and contract amounts provided as described in subsection 7d7 will be sufficient to enable eligible providers to meet the requirements of this section1 and will provide for increased payment amounts based on the criteria described in subclauses 7,,iii7 and 7,,iv7 of subparagraph 7,b77ii74 7,k7 ,an agreement to provide to the ,secretary such periodic reports1 providing a detailed accounting of the uses of funding received under this section1 as the ,secretary may require for the administration of this section4 7#f7 ,duration of the plan ,each ,state plan shall remain in effect for a period of not more than #c years4 ,amendments to the ,state plan shall remain in effect for the duration of the plan4 7#g7 ,transitional state plan 7,a7 ,in general ,the ,secretary shall develop parameters for1 and allow a ,state to submit for purposes of this subsection for a period of not more than #c years1 a transitional ,state plan1 at such time1 in such manner and containing such information as the ,secretary shall require4 7,b7 ,contents ,the transitional plan shall-- 7i7 demonstrate that the ,state will meet the requirements of such plan as determined by the ,secretary2 and 7ii7 include1 at a minimum-- 7,i7 an assurance that the ,state will submit a ,state plan under paragraph 7#e72 7,,ii7 a description of how the funds received by the ,state under this section will be spent to expand access to universal1 high-quality1 free1 inclusive1 and mixed-delivery preschool in alignment with the requirements of this section2 and 7,,iii7 such data as the ,secretary may require on the provision of preschool services in the ,state4 7d7 ,subgrants and contracts for local preschool programs 7#a7 ,subgrants and contracts 7,a7 ,in general ,a ,state that receives a payment under subsection 7c77#b7 for a fiscal year shall use amounts provided through the payment to pay the costs of subgrants to1 or contracts with1 eligible providers to operate universal1 high-quality1 free1 and inclusive preschool programs 7which ,state-funded programs may be referred to in this section as local preschool programs7 through the ,state preschool program in accordance with paragraph 7#c74 ,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 7c77#b77;,b77iv74 7,b7 ,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 7c77#e77;,b71 which amount shall reflect variations in the cost of preschool services by geographic area1 type of provider1 and age of child1 and the additional costs associated with providing inclusive preschool services for children with disabilities4 7,c7 ,duration ,the ,state shall award a subgrant or contract under this subsection for a period of not less than #c years1 unless the subgrant or contract is terminated or suspended1 or the subgrant period is reduced1 for cause4 7#b7 ,enhanced payments for comprehensive services ,in awarding subgrants or contracts under this subsection and in addition to meeting the requirements of paragraph 7#a77;,b71 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 services4 7#c7 ,establishing and expanding universal preschool programs 7,a7 ,establishing and expanding universal preschool programs in high-need communities ,in awarding subgrants or contracts under this subsection1 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 across1 or with capacity to operate within and across1 such high-need communities4 ,the ,state shall-- 7i7 use a research-based methodology approved by the ,secretary to identify such high-need communities1 as determined by-- 7,i7 the rate of poverty in the community2 7,,ii7 rates of access to high-quality preschool within the community2 and 7,,iii7 other indicators of community need as required by the ,secretary2 and 7ii7 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 need4 7,b7 ,use of funds ,subgrants or contracts awarded under subparagraph 7,a7 shall be used to enroll and serve children in such a local preschool program involved1 including by paying the costs-- 7i7 of personnel 7including classroom and administrative personnel71 including compensation and benefits2 7ii7 associated with implementing the ,state's preschool standards1 providing curriculum supports1 and meeting early learning and development standards2 7iii7 of professional development1 teacher supports1 and training2 7iv7 of implementing and meeting developmentally appropriate health and safety standards 7including licensure1 where applicable71 teacher to child ratios1 and group size maximums2 7v7 of materials1 equipment1 and supplies2 and 7vi7 of rent or a mortgage1 utilities1 building security1 indoor and outdoor maintenance1 and insurance4 7#d7 ,establishing and expanding universal preschool programs in additional communities ,once a ,state that receives a payment under subsection 7c77#b7 meets the requirements of paragraph 7#c7 with respect to establishing and expanding local preschool programs within and across high-need communities1 the ,state shall use funds from such payment to enroll and serve children in local preschool programs1 as described in such paragraph1 in additional communities in accordance with the metrics described in paragraph 7#c77;,a77i74 ,such funds shall be used for the activities described in clauses 7i7 through 7vi7 of paragraph 7#c77;,b74 7e7 ,payments for universal preschool services ,indian ,tribes and territories 7#a7 ,indian tribes and tribal organizations 7,a7 ,in general ,for each of fiscal years #bjbb through #bjbg1 from the amount appropriated for ,indian ,tribes and ,tribal organizations under subsection 7b77#b77;,a71 the ,secretary shall make payments to ,indian ,tribes and ,tribal organizations with an application approved under subparagraph 7,b71 and the ,tribes and ,tribal organizations shall be entitled to such payments for the purpose of carrying out the preschool program described in this section1 consistent1 to the extent practicable as determined by the ,secretary1 with the requirements applicable to ,states4 7,b7 ,applications ,an ,indian ,tribe or ,tribal organization seeking a payment under this paragraph shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may specify4 7#b7 ,territories 7,a7 ,in general ,for each of fiscal years #bjbb through #bjbg1 from the amount appropriated for territories under subsection 7b77#b77;,b71 the ,secretary shall make payments to the territories with an application approved under subparagraph 7,b71 and the territories shall be entitled to such payments1 for the purpose of carrying out the preschool program described in this section1 consistent1 to the extent practicable as determined by the ,secretary1 with the requirements applicable to ,states4 7,b7 ,applications ,a territory seeking a payment under this paragraph shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may specify4 7#c7 ,lead agency ,the head of an ,indian tribe or territory desiring for the ,indian tribe or a related tribal organization1 or territory1 to receive a payment under this subsection shall designate a lead agency 7such as a tribal or territorial agency or joint interagency office7 for the administration of the preschool program of the ,indian tribe or territory1 under this section4 7f7 ,grants to localities and ,head ,start expansion in nonparticipating ,states 7#a7 ,eligible locality defined ,in this subsection1 the term eligible locality means a city1 county1 or other unit of general local government1 a local educational agency1 or a ,head ,start agency4 7#b7 ,grants to localities 7,a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,education1 shall use funds reserved in subsection 7b77#b77;,f7 to award local universal preschool grants1 in accordance with rules established by the ,secretary of ,health and ,human ,services1 to eligible localities located in ,states that have not received payments under subsection 7c77#b77;,a74 ,the ,secretary shall award the grants to eligible localities in a ,state from the allotment made for that ,state under subparagraph 7,b74 ,the ,secretary shall specify the requirements for an eligible locality to conduct a preschool program under this subsection which shall1 to the greatest extent practicable1 be consistent with the requirements applicable to ,states under this section1 for a universal1 high-quality1 free1 and inclusive preschool program4 7,b7 ,allotments ,for each ,state described in subparagraph 7,a71 the ,secretary shall allot for the ,state for a fiscal year an amount that bears the same relationship to the funds appropriated under subsection 7b77#b77;,f7 for the fiscal year as the number of children from families with family incomes at or below #bjj percent of the poverty line1 and who are under the age of #f1 in the ,state bears to the total number of all such children in all ,states described in subparagraph 7,a74 7,c7 ,application ,to receive a grant from the corresponding ,state allotment under this subsection1 an eligible locality shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,the requirements for the application shall1 to the greatest extent practicable1 be consistent with the ,state plan requirements applicable to ,states under this section4 7,d7 ,recoupment of unused funds ,notwithstanding any other provision of this section1 for each of fiscal years #bjbc through #bjbg1 the ,secretary shall have the authority to recoup any unused funds allotted under subparagraph 7,b7 for awards under paragraph 7#c77;,a7 to ,head ,start agencies in accordance with paragraph 7#c74 7#c7 ,head ,start expansion in nonparticipating ,states 7,a7 ,in general ,the ,secretary shall use funds appropriated under subsection 7b77#b77;,g7 or recouped under paragraph 7#b7 to make awards to ,head ,start agencies in a ,state described in paragraph 7#b77;,a7 to carry out the purposes of the ,head ,start ,act in such ,state4 7,b7 ,rule ,for purposes of carrying out the ,head ,start ,act in circumstances not involving awards under this paragraph1 funds awarded under subparagraph 7,a7 shall not be included in the calculation of a base grant as such term is defined in section #fdj7;a77#g77;,a7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihce7;a77#g77;,a774 7,c7 ,definition ,in this paragraph1 the term ,head ,start agency means an entity designated or eligible to be designated as a ,head ,start agency under section #fda7;a77#a7 of the ,head ,start ,act or as an ,early ,head ,start agency 7by receiving a grant7 under section #fde;,a7a7 of such ,act4 7#d7 ,priority for serving underserved communities ,in making determinations to award a grant or make an award under this subsection1 the ,secretary shall give priority to entities serving communities with a high percentage of children from families with family incomes at or below #bjj percent of the poverty line4 7g7 ,allowable sources of non-,federal share ,for purposes of calculating the amount of the non-,federal share1 as determined under subsection 7c77#b77;,b77iii71 relating to a payment under subsection 7c77#b77;,b71 a ,state's non-,federal share-- 7#a7 may be in cash or in kind1 fairly evaluated1 including facilities or property1 equipment1 or services2 7#b7 shall include any increase in amounts spent by the ,state to expand half-day kindergarten programs in the ,state1 as of the day before the date of enactment of this ,act1 into full-day kindergarten programs2 7#c7 shall not include contributions being used as a non-,federal share or match for another ,federal award2 7#d7 shall be provided from ,state or local sources1 contributions from philanthropy or other private organizations1 or a combination of such sources and contributions2 and 7#e7 shall count not more than #ajj percent of the ,state's current spending on prekindergarten programs1 calculated as the average amount of such spending by the ,state for fiscal years #bjai1 #bjbj1 and #bjba1 toward the ,state's non-,federal share4 7h7 ,maintenance of effort 7#a7 ,in general ,if a ,state reduces its combined fiscal effort per child for the ,state preschool program 7whether a publicly funded preschool program or a program under this section7 or through ,state supplemental assistance funds for ,head ,start programs assisted under the ,head ,start ,act1 or through any ,state spending on preschool services for any fiscal year that a ,state receives payments under subsection 7c77#b7 7referred to in this paragraph as the reduction fiscal year7 relative to the previous fiscal year1 the ,secretary1 in collaboration with the ,secretary of ,education1 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 year4 7#b7 ,waiver ,the ,secretary1 in collaboration with the ,secretary of ,education1 may waive the requirements of paragraph 7#a7 if-- 7,a7 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 hardship1 or a natural disaster1 that has necessitated across-the-board reductions in ,state services during the #e-year period preceding the date of the determination1 including for early childhood education programs2 or 7,b7 due to the circumstance of a ,state requiring reductions in specific programs1 including early childhood education programs1 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 reductions4 7i7 ,supplement not supplant ,funds received under this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended on prekindergarten programs in the ,state on the date of enactment of this ,act1 calculated as the average amount of such ,federal1 ,state1 and local public funds expended for fiscal years #bjai1 #bjbj1 and #bjba4 7j7 ,nondiscrimination provisions ,the following provisions of law shall apply to any program or activity that receives funds provided under this section3 7#a7 ,title ,,ix of the ,education ,amendments of #aigb4 7#b7 ,title ,,vi of the ,civil ,rights ,act of #aifd4 7#c7 ,section #ejd of the ,rehabilitation ,act of #aigc4 7#d7 ,the ,americans with ,disabilities ,act of #aiij4 7#e7 ,section #fed of the ,head ,start ,act4 7k7 ,monitoring and enforcement 7#a7 ,review of compliance with requirements and state plan ,the ,secretary shall review and monitor compliance of ,states1 territories1 ,tribal entities1 and local entities with this section and ,state compliance with the ,state plan described in subsection 7c77#e74 7#b7 ,issuance of rule ,the ,secretary shall establish by rule procedures for-- 7,a7 receiving1 processing1 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 section2 7,b7 notifying a ,state when the ,secretary has determined there has been a failure by the ,state to comply with a requirement of this section2 and 7,c7 imposing sanctions under this subsection for such a failure4 ,e ,child ,nutrition and ,related ,programs #bdjja4 ,expanding community eligibility 7a7 ,multiplier and threshold adjusted 7#a7 ,multiplier ,clause 7vii7 of section #aa7;a77#a77;,f7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agei;a7a77#a77;,f77 is amended to read as follows3 7vii7 ,multiplier 7,i7 ,implementation in #bjbb-bjbg ,for each school year beginning on or after ,july #a1 #bjbb1 and ending before ,july #a1 #bjbg1 the ,secretary shall use a multiplier of #b4e4 7,,ii7 ,implementation after #bjbg ,for each school year beginning on or after ,july #a1 #bjbg1 the ,secretary shall use a multiplier of #a4f4 4 7#b7 ,threshold ,clause 7viii7 of section #aa7;a77#a77;,f7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agei;a7a77#a77;,f77 is amended to read as follows3 7viii7 ,threshold 7,i7 ,implementation in #bjbb-bjbg ,for each school year beginning on or after ,july #a1 #bjbb1 and ending before ,july #a1 #bjbg1 the threshold shall be not more than #be percent4 7,,ii7 ,implementation after #bjbg ,for each school year beginning on or after ,july #a1 #bjbg1 the threshold shall be not more than #dj percent4 4 7b7 ,statewide community eligibility ,section #aa7;a77#a77;,f7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agei;a7a77#a77;,f77 is amended by adding at the end the following3 7xiv7 ,statewide community eligibility ,for each school year beginning on or after ,july #a1 #bjbb1 and ending before ,july #a1 #bjbg1 the ,secretary shall establish a statewide community eligibility program under which1 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 #ajj percent of the meals served at applicable schools-- 7,i7 the multiplier described in clause 7vii7 shall apply2 7,,ii7 notwithstanding clause 7viii71 the threshold shall be zero2 and 7,,iii7 the percentage of enrolled students who were identified students shall be calculated across all applicable schools in the ,state regardless of local educational agency4 4 #bdjjb4 ,summer electronic benefits transfer for children program ,the ,richard ,b4 ,russell ,national ,school ,lunch ,act is amended by inserting after section #ac 7#db ,u4,s4,c4 #agfa7 the following3 #ac;,a4 ,summer electronic benefits transfer for children program 7a7 ,program established ,the ,secretary shall establish a program under which ,states and covered ,indian ,tribal organizations participating in such program shall1 for summer #bjbc and summer #bjbd issue to eligible households summer ,,ebt benefits-- 7#a7 in accordance with this section2 and 7#b7 for the purpose of providing nutrition assistance through electronic benefits transfer during the summer months for eligible children1 to ensure continued access to food when school is not in session for the summer4 7b7 ,summer ,,ebt benefits requirements 7#a7 ,purchase options 7,a7 ,benefits issued by ,states 7i7 ,,wic participation ,states ,in the case of a ,state that participated in a demonstration program under section #gdi7;g7 of the ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations ,act1 #bjaj 7,public ,law #aaa-hj2 #abc ,stat4 #bacb7 during calendar year #bjah using a ,,wic model1 summer ,,ebt benefits issued pursuant to subsection 7a7 by such a ,state may only be used by the eligible household that receives such summer ,,ebt benefits to purchase-- 7,i7 supplemental foods from retailers that have been approved for participation in-- 7aa7 the special supplemental nutrition program for women1 infants1 and children under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf72 or 7bb7 the program under this section2 or 7,,ii7 food 7as defined in section #c7k7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7k777 from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under such ,act1 in accordance with section #i of such ,act 7#g ,u4,s4,c4 #bjah74 7ii7 ,other ,states ,summer ,,ebt benefits issued pursuant to subsection 7a7 by a ,state not described in clause 7i7 may only be used by the eligible household that receives such summer ,,ebt benefits to purchase food 7as defined in section #c7k7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7k777 from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under such ,act1 in accordance with section #i7;b7 of such ,act 7#g ,u4,s4,c4 #bjah7 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 ,islands1 ,puerto ,rico1 or ,american ,samoa4 7,b7 ,benefits issued by covered ,indian ,tribal organizations ,summer ,,ebt benefits issued pursuant to subsection 7a7 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-- 7i7 the special supplemental nutrition program for women1 infants1 and children under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf72 or 7ii7 the program under this section4 7#b7 ,amount ,summer ,,ebt benefits issued pursuant to subsection 7a7-- 7,a7 shall be-- 7i7 for calendar year #bjbc1 in an amount equal to #fe for each child in the eligible household per month during the summer2 and 7ii7 for calendar year #bjbd1 in an amount equal to the amount described in clause 7i71 adjusted to the nearest lower dollar increment to reflect changes to the cost of the thrifty food plan 7as defined in section #c7u7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7u77 for the #ab-month period ending on ,november #cj of the preceding calendar year2 and 7,b7 may be issued-- 7i7 in the form of an ,,ebt card2 or 7ii7 through electronic delivery4 7c7 ,enrollment in program 7#a7 ,state requirements ,states participating in the program under this section shall-- 7,a7 with respect to a summer1 automatically enroll eligible children in the program under this section without further application2 and 7,b7 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 participation4 7#b7 ,covered ,indian ,tribal organization requirements ,covered ,indian ,tribal organizations participating in the program under this section shall1 to the maximum extent practicable1 meet the requirements under subparagraphs 7,a7 through 7,c7 of paragraph 7#a74 7d7 ,implementation grants ,on and after ,january #a1 #bjbb1 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 section4 7e7 ,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 7a7 in the case of children who are under a continuous school calendar4 7f7 ,funding 7#a7 ,program funding ,in addition to amounts otherwise available1 there is appropriated for each of fiscal years #bjbb through #bjbd1 out of any money in the ,treasury not otherwise appropriated1 such sums1 to remain available for the #b-year period following the date such amounts are made available1 as may be necessary to carry out this section1 including for administrative expenses incurred by the ,secretary1 ,states1 covered ,indian ,tribal organizations1 and local educational agencies4 7#b7 ,implementation grant funding ,in addition to amounts otherwise available1 including under paragraph 7#a71 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until expended1 to carry out subsection 7d74 7g7 ,sunset ,the authority under this section shall terminate on ,september #cj1 #bjbd4 7h7 ,definitions ,in this section3 7#a7 ,covered ,indian ,tribal organization ,the term covered ,indian ,tribal organization means an ,indian ,tribal organization that participates in the special supplemental nutrition program for women1 infants1 and children under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf74 7#b7 ,eligible child ,the term eligible child means1 with respect to a summer1 a child who was1 during the school year immediately preceding such summer-- 7,a7 certified to receive free or reduced price lunch under the school lunch program under this ,act2 7,b7 certified to receive free or reduced price breakfast under the school breakfast program under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc72 or 7,c7 enrolled in a school described in subparagraph 7,b71 7,c71 7,d71 7,e71 or 7,f7 of section #aa7;a77#a74 7#c7 ,eligible household ,the term eligible household means a household that includes at least #a eligible child4 4 #bdjjc4 ,healthy food incentives demonstration 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available until expended1 to provide-- 7#a7 technical assistance and evaluation with respect to the activities described in subparagraphs 7,a7 through 7,d7 of paragraph 7#b72 and 7#b7 grants and monetary incentives to carry out #a or more of the following3 7,a7 ,improving the nutritional quality of meals and snacks served under a child nutrition program4 7,b7 ,enhancing the nutrition and wellness environment of institutions participating in a child nutrition program1 including by reducing the availability of less healthy foods during the school day4 7,c7 ,increasing the procurement of fresh1 local1 regional1 and culturally appropriate foods and foods produced by underserved or limited resource farmers1 as defined by the ,secretary of ,agriculture1 to be served as part of a child nutrition program4 7,d7 ,funding a statewide nutrition education coordinator-- 7i7 to support individual school food authority nutrition education efforts2 and 7ii7 to facilitate collaboration with other nutrition education efforts in the ,state4 7b7 ,state defined ,in this section1 the term ,state has the meaning given the term in section #ab7;d7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7;d774 #bdjjd4 ,school kitchen equipment grants ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,agriculture for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cj1jjj1jjj1 to remain available until expended through fiscal year #bjcj1 for training and technical assistance to support scratch cooking and to award grants to ,states 7as defined in section #ab7;d7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7;d777 to make competitive subgrants to local educational agencies and schools to purchase equipment with a value of greater than #a1jjj that1 with respect to the school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea-agfi;j7 and the school breakfast program established under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc71 is necessary to serve healthier meals1 improve food safety1 and increase scratch cooking4 ,f ,human ,services and ,community ,supports #bejja4 ,assistive technology ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until expended1 for necessary expenses to carry out the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjjc7;a774 #bejjb4 ,family violence prevention and services funding ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,health and ,human ,services1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cj1jjj1jjj1 to remain available until expended1 for necessary administrative expenses to carry out subsections 7c7 and 7d7 of section #bbjd of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b74 #bejjc4 ,pregnancy assistance fund ,section #ajbad of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahbjd7 is amended by adding at the end the following new sentence3 ,in addition1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #be1jjj1jjj1 to remain available until expended1 to carry out this part in fiscal year #bjbb2 7#b7 #be1jjj1jjj1 to remain available until expended1 to carry out this part in fiscal year #bjbc2 and 7#c7 #be1jjj1jjj1 to remain available until expended1 to carry out this part in fiscal year #bjbd4 4 #bejjd4 ,funding for the aging network and infrastructure 7a7 ,appropriation ,in addition to amounts otherwise available1 there are appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,department of ,health and ,human ,services-- 7#a7 #ge1jjj1jjj for the ,research1 ,demonstration1 and ,evaluation ,center for the ,aging ,network for necessary expenses to carry out the activities of the ,center under section #bja7;g7 of the ,older ,americans ,act of #aife 7,,oaa72 7#b7 #fee1jjj1jjj for necessary expenses to carry out part ,b of title ,,iii of the ,,oaa1 including for-- 7,a7 supportive services of the type made available for fiscal year #bjba and authorized under such part2 7,b7 investing in the aging services network for the purposes of improving the availability of supportive services1 including investing in the aging services network workforce2 7,c7 the acquisition1 alteration1 or renovation of facilities1 including multipurpose senior centers and mobile units2 and 7,d7 construction or modernization of facilities to serve as multipurpose senior centers2 7#c7 #adj1jjj1jjj for necessary expenses to carry out part ,c of title ,,iii of the ,,oaa1 including to support the modernization of infrastructure and technology1 including kitchen equipment and delivery vehicles1 to support the provision of congregate nutrition services and home delivered nutrition services under such part2 7#d7 #aej1jjj1jjj for necessary expenses to carry out part ,e of title ,,iii of the ,,oaa1 including section #cgc7;e7 of such part2 7#e7 #ej1jjj1jjj for necessary expenses to carry out title ,,vi of the ,,oaa1 including part ,c of such title2 7#f7 #ej1jjj1jjj for necessary expenses to carry out the long-term care ombudsman program under title ,,vii of the ,,oaa2 7#g7 #ei1jjj1jjj for necessary expenses for technical assistance centers or national resource centers supported under the ,,oaa1 including all such centers that received funding under title ,,iv of the ,,oaa for fiscal year #bjba1 in order to support technical assistance and resource development related to culturally appropriate care management and services for older individuals with the greatest social need1 including racial and ethnic minority individuals2 7#h7 #ae1jjj1jjj 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 identity2 7#i7 #a1jjj1jjj for necessary expenses for efforts of national training and technical assistance centers supported under the ,,oaa to-- 7,a7 support expanding the reach of the aging services network to more effectively assist older individuals in remaining socially engaged and active2 7,b7 provide additional support in technical assistance and training to the aging services network to address the social isolation of older individuals2 7,c7 promote best practices and identify innovation in the field2 and 7,d7 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 individuals2 and 7#aj7 #e1jjj1jjj for necessary expenses to carry out section #dag of the ,,oaa4 ,amounts appropriated by this subsection shall remain available until expended4 7b7 ,nonapplicability of certain requirements ,the non-,federal contribution requirements under sections #cjd7;d77#a77;,d7 and #dca7;a7 of the ,older ,americans ,act of #aife1 and section #cgc7;h77#b7 of such ,act1 shall not apply to-- 7#a7 any amounts made available under this section2 or 7#b7 any amounts made available under section #biba of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b74 #bejje4 ,technical assistance center for supporting direct care and caregiving 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,health and ,human ,services1 acting through the ,administrator for the ,administration for ,community ,living1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for necessary expenses to establish1 directly or through grants1 contracts1 or cooperative agreements1 a national technical assistance center 7referred to in this section as the ,center7 to-- 7#a7 provide technical assistance for supporting direct care workforce recruitment1 education and training1 retention1 career advancement1 and for supporting family caregivers and caregiving activities2 7#b7 develop and disseminate a set of replicable models or evidence-based or evidence-informed strategies or best practices for-- 7,a7 recruitment1 education and training1 retention1 and career advancement of direct support workers2 7,b7 reducing barriers to accessing direct care services2 and 7,c7 increasing access to alternatives to direct care services1 including assistive technology1 that reduce reliance on such services2 7#c7 provide recommendations for education and training curricula for direct support workers2 and 7#d7 provide recommendations for activities to further support paid and unpaid family caregivers1 including expanding respite care4 7b7 ,direct support worker defined ,the term direct support worker has the meaning given such term in section #bbcja4 #bejjf4 ,funding to support unpaid caregivers 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dj1jjj1jjj1 to remain available until expended1 for carrying out the purpose described in subsection 7b74 7b7 ,use of funding ,the ,secretary1 acting through the ,assistant ,secretary for ,aging1 shall use amounts appropriated by subsection 7a7 for necessary expenses to make awards1 pursuant to section #cgc7;i7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcjs-#a7;i771 to ,states1 public agencies1 private nonprofit agencies1 institutions of higher education1 and organizations1 including ,tribal organizations1 for initiatives to address the behavioral health needs of family caregivers and older relative caregivers4 7c7 ,supplement not supplant ,amounts appropriated by this section shall be used to supplement and not supplant other ,federal1 ,state1 or local public funds to support unpaid caregivers4 #bejjg4 ,funding to support individuals with intellectual and developmental disabilities 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until expended1 for carrying out the purpose described in subsection 7b74 7b7 ,use of funding ,the ,secretary1 acting through the ,administrator of the ,administration for ,community ,living1 shall use amounts appropriated by subsection 7a7 for necessary expenses to award grants1 contracts1 or cooperative agreements to public or private nonprofit entities pursuant to section #afb of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejhb7 for initiatives to address the behavioral health needs of individuals with intellectual and developmental disabilities4 7c7 ,supplement not supplant ,amounts appropriated by this section shall be used to supplement and not supplant other ,federal1 ,state1 or local public funds to support individuals with intellectual and developmental disabilities4 #bejjh4 ,office of the ,inspector ,general of the ,department of ,health and ,human ,services ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until expended1 for the ,office of ,inspector ,general of the ,department of ,health and ,human ,services1 for salaries and expenses necessary for oversight1 investigations1 and audits of programs1 grants1 and projects funded under subtitles ,d and ,f of this title4 ,g ,national ,service and ,workforce ,development in ,support of ,climate ,resilience and ,mitigation #bfjja4 ,corporation for national and community service and the ,national ,service ,trust 7a7 ,ameri,corps ,state and national 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #c1bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 which shall be used to make funding adjustments to existing 7as of the date of enactment of this ,act7 awards and make new awards to entities 7whether or not such entities are already recipients of a grant or other agreement on the date of enactment of this ,act7 to support national service programs described in paragraphs 7#a77;,a71 7#b77;,a71 7#c77;,a71 and 7#e77;,a7 of subsection 7a71 and subsection 7b77#b71 of section #abb of the ,national and ,community ,service ,act of #aiij and national service programs carrying out activities described in clauses 7i71 7ii71 7iii71 7v71 7vi71 and 7vii7 of paragraph 7#d77;,b7 of subsection 7a7 of such section1 to increase living allowances and improve benefits of participants in such programs4 7#b7 ,requirements ,for the purposes of carrying out paragraph 7#a7-- 7,a7 the ,corporation shall waive the requirements described in section #aba7;e77#a7 of the ,national and ,community ,service ,act of #aiij1 in whole or in part1 if a recipient of a grant or other agreement for such a national service program demonstrates-- 7i7 the recipient will serve underserved or low-income communities1 and a significant percentage of participants in such program are low-income individuals2 and 7ii7 without such waiver1 the recipient cannot meet the requirements of this section2 7,b7 section #ahi7;a7 of such ,act shall be applied by substituting #abe percent of the amount of the minimum living allowance of a full-time participant per full-time equivalent position for #ah1jjj per full-time equivalent position2 and 7,c7 section #adj7;a77#a7 of such ,act shall be applied by substituting #bjj percent of the poverty line for the average annual subsistence allowance provided to ,,vista volunteers under section #aje of the ,domestic ,volunteer ,service ,act of #aigc 7#db ,u4,s4,c4 #diee74 7b7 ,state commissions 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #djj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 which shall be used to make funding adjustments to existing 7as of the date of enactment of this ,act7 awards and make new awards to ,states to establish or operate ,state ,commissions on ,national and ,community ,service4 7#b7 ,match waiver ,for the purposes of carrying out paragraph 7#a71 the ,corporation shall waive the matching requirement described in section #abf7;a77#b7 of the ,national and ,community ,service ,act of #aiij1 in whole or in part1 for a ,state ,commission1 if such ,state ,commission demonstrates need for such waiver4 7c7 ,national civilian community corps ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #hj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 which shall be used to increase the living allowance and benefits of participants in the ,national ,civilian ,community ,corps authorized under section #aeb of the ,national and ,community ,service ,act of #aiij4 7d7 ,ameri,corps vista 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #fjj1jjj1jjj to remain available until ,september #cj1 #bjbi1 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 #ajb of the ,domestic ,volunteer ,service ,act of #aigc4 7#b7 ,requirement ,for purposes of carrying out paragraph 7#a7-- 7,a7 section #aje7;b77#b77;,a7 of the ,domestic ,volunteer ,service ,act of #aigc shall be applied by substituting #bjj percent for #ie percent2 and 7,b7 section #aje7;b77#b77;,b7 of the ,domestic ,volunteer ,service ,act of #aigc shall be applied by substituting #baj percent for #aje percent4 7e7 ,national service in support of climate resilience and mitigation 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #f1iae1jjj1jjj1 which shall be used for the purposes specified in paragraph 7#c74 7#b7 ,availability of ,funds ,amounts appropriated under paragraph 7#a7 shall-- 7,a7 be available until ,september #cj1 #bjbf1 for national service programs described in paragraphs 7#a77;,a71 7#b77;,a71 7#c77;,a71 and 7#e77;,a7 of subsection 7a71 and subsection 7b77#b71 of section #abb of the ,national and ,community ,service ,act of #aiij and national service programs carrying out activities described in clauses 7i71 7ii71 7iii71 7v71 7vi71 and 7vii7 of paragraph 7#d77;,b7 of subsection 7a7 of such section2 and 7,b7 be available until ,september #cj1 #bjbi1 for ,national ,civilian ,community ,corps programs authorized under section #aeb of the ,national and ,community ,service ,act of #aiij and ,volunteers in ,service to ,america programs authorized under section #ajb of the ,domestic ,volunteer ,service ,act of #aigc4 7#c7 ,use of ,funds 7,a7 ,in general ,the ,corporation shall use amounts appropriated under paragraph 7#a7 to fund programs described in subparagraph 7,b7 to carry out projects or activities described in section #abb7;a77#c77;,b7 of the ,national and ,community ,service ,act of #aiij4 7,b7 ,programs ,the programs described in subparagraph 7,a7 shall include-- 7i7 national service programs described in paragraphs 7#a77;,a71 7#b77;,a71 7#c77;,a71 and 7#e77;,a7 of subsection 7a71 and subsection 7b77#b71 of section #abb of the ,national and ,community ,service ,act of #aiij and national service programs carrying out activities described in clauses 7i71 7ii71 7iii71 7v71 7vi71 and 7vii7 of paragraph 7#d77;,b7 of subsection 7a7 of such section2 7ii7 ,national ,civilian ,community ,corps programs authorized under section #aeb of the ,national and ,community ,service ,act of #aiij2 and 7iii7 ,volunteers in ,service to ,america programs authorized under section #ajb of the ,domestic ,volunteer ,service ,act of #aigc4 7,c7 ,terms ,in funding programs described in subparagraph 7,a71 the ,corporation shall ensure-- 7i7 awards are made to entities that serve1 and have representation from1 low-income communities or communities experiencing 7or at risk of experiencing7 adverse health and environmental conditions2 7ii7 such programs utilize culturally competent and multilingual strategies2 7iii7 projects carried out through such programs are planned with community input1 and implemented by diverse participants who are from communities being served by such programs2 and 7iv7 such programs provide participants with workforce development opportunities1 such as pre-apprenticeships that articulate to registered apprenticeship programs1 and pathways to post-service employment in high-quality jobs1 including registered apprenticeships4 7#d7 ,requirements ,for the purposes of carrying out paragraph 7#a7-- 7,a7 in implementing national service programs described in paragraph 7#c77;,b77i7 and funded by the appropriations specified in paragraph 7#a7-- 7i7 the ,corporation shall waive the requirements described in section #aba7;e77#a7 of the ,national and ,community ,service ,act of #aiij1 in whole or in part1 if a recipient of a grant or other agreement for the national service program involved demonstrates-- 7,i7 the recipient will serve underserved or low-income communities1 and a significant percentage of participants in such program are low-income individuals2 and 7,,ii7 without such waiver1 the recipient cannot meet the requirements of this section2 7ii7 section #ahi7;a7 of the ,national and ,community ,service ,act of #aiij shall be applied by substituting #abe percent of the amount of the minimum living allowance of a full-time participant per full-time equivalent position for #ah1jjj per full-time equivalent position2 7iii7 section #adj7;a77#a7 of the ,national and ,community ,service ,act of #aiij shall be applied by substituting #bjj percent of the poverty line for the average annual subsistence allowance provided to ,,vista volunteers under section #aje of the ,domestic ,volunteer ,service ,act of #aigc 7#db ,u4,s4,c4 #diee72 and 7iv7 the ,corporation shall waive the matching requirement described in section #abf7;a77#b7 of the ,national and ,community ,service ,act of #aiij1 in whole or in part1 for a ,state ,commission1 if such ,state ,commission demonstrates need for such waiver2 and 7,b7 in implementing national service programs described in paragraph 7#c77;,b77iii7 and funded by the appropriations specified in paragraph 7#a7-- 7i7 section #aje7;b77#b77;,a7 of the ,domestic ,volunteer ,service ,act of #aigc shall be applied by substituting #bjj percent for #ie percent2 and 7ii7 section #aje7;b77#b77;,b7 of the ,domestic ,volunteer ,service ,act of #aigc shall be applied by substituting #baj percent for #aje percent4 7f7 ,administrative costs 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #a1jaj1djj1jjj1 to remain available until ,september #cj1 #bjbi1 which shall be used for ,federal administrative expenses to carry out programs and activities funded under this section1 including-- 7,a7 corrective actions to address recommendations arising from audits of the financial statements of the ,corporation and the ,national ,service ,trust1 and1 in consultation with the ,inspector ,general of the ,corporation1 the development of fraud prevention and detection controls and risk-based anti-fraud monitoring for grants and other financial assistance funded under this section2 and 7,b7 coordination of efforts and activities with the ,departments of ,labor and ,education to support the national service programs funded under subsections 7a71 7c71 7d71 and 7e7 in improving the readiness of participants to transition to high-quality jobs or further education4 7#b7 ,fiscal year #bjcj program administration ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjcj1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #gi1hjj1jjj1 to remain available until ,september #cj1 #bjcj1 which shall be used1 in fiscal year #bjcj1 for ,federal administrative expenses to carry out programs and activities funded under this section4 7#c7 ,plan ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation1 #cjj1jjj1 to remain available until ,september #cj1 #bjbc1 which shall be used by the ,chief ,executive ,officer of the ,corporation to-- 7,a7 develop1 publish1 and implement1 not later than #ahj days after the date of enactment of this ,act1 a project1 operations1 and management plan for funds appropriated under this section2 and 7,b7 consult with the ,secretary of ,labor and the ,inspector ,general of the ,corporation in developing the plan under subparagraph 7,a74 7#d7 ,outreach ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #di1ejj1jjj1 to remain available until ,september #cj1 #bjcj1 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 workers1 including energy transition communities4 7g7 ,office of ,inspector ,general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,corporation for ,national and ,community ,service1 #ge1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 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 section4 7h7 ,national ,service ,trust 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,national ,service ,trust1 #a1aej1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 for-- 7,a7 administration of the ,national ,service ,trust2 and 7,b7 payment to the ,trust for the provision of national service educational awards and interest expenses-- 7i7 for participants1 for a term of service supported by funds made available under subsection 7e72 and 7ii7 pursuant to section #ade7;a77#a77;,a7 of the ,national and ,community ,service ,act of #aiij4 7#b7 ,supplemental educational awards 7,a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,national ,service ,trust1 #a1ffj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 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 #adf7;a71 and the individual's transferee pursuant to section #adh7;f71 of the ,national and ,community ,service ,act of #aiij1 for a term of service that began after the date of enactment of this ,act in a national service program 7including a term of service supported by funds made available under subsection 7e774 7,b7 ,award availability ,the supplemental educational award referred to in subparagraph 7,a7 shall be available to an individual or their transferee described in subparagraph 7,a7 in accordance with the paragraph 7#c74 7,c7 ,calculation ,the amount of the supplemental educational award that shall be available to an individual or their transferee described in subparagraph 7,a7 shall be calculated as follows3 7i7 ,amount for full-time national service ,for an individual who completes a required term of full-time national service1 or the individual's transferee-- 7,i7 in a case in which the award year for which the national service position is approved by the ,corporation is award year #bjbb-bjbc1 #ej percent of the maximum amount of a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife that a student eligible for such ,grant may receive in the aggregate for such award year2 and 7,,ii7 in a case in which the award year for which the national service position is approved by the ,corporation is award year #bjbc-bjbd or a subsequent award year1 #ej percent of the total maximum ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife that a student eligible for such ,grant may receive in the aggregate for such award year4 7ii7 ,amount for part-time national service ,for an individual who completes a required term of part-time national service1 or the individual's transferee1 #ej percent of the amount determined under clause 7i74 7iii7 ,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 individuals1 or the individual's transferee1 the portion of the amount determined under clause 7i7 that corresponds to the portion of the term of service completed by the individual4 7#c7 ,period of availability for national service educational awards 7,a7 ,in general ,notwithstanding section #adf7;d7 of the ,national and ,community ,service ,act of #aiij1 relating to a period of time for use of a national service educational award1 or any extensions to such time period granted under section #adf7;d77#b7 of such ,act1 an individual eligible to receive a national service educational award for a term of service supported by funds made available under subsection 7e71 or the individual's transferee1 and an individual eligible to receive a supplemental educational award described in paragraph 7#b7 for a term of service1 or the individual's transferee1 shall not use1 after ,september #cj1 #bjcj1 the national service educational award or supplemental educational award for the term of service involved1 and the national service educational award and supplemental educational award shall be available for the lengths of time described in subparagraph 7,b74 7,b7 ,lengths of time ,the lengths of time described in this subparagraph are as follows3 7i7 ,for an individual who completes the term of service involved by ,september #cj1 #bjbc or the individual's transferee1 until the end of the #g-year period beginning on that date4 7ii7 ,for an individual who completes such term of service by ,september #cj1 #bjbd or the individual's transferee1 until the end of the #f-year period beginning on that date4 7iii7 ,for an individual who completes such term of service by ,september #cj1 #bjbe or the individual's transferee1 until the end of the #e-year period beginning on that date4 7iv7 ,for an individual who completes such term of service by ,september #cj1 #bjbf or the individual's transferee1 until the end of the #d-year period beginning on that date4 7v7 ,for an individual who completes such term of service by ,september #cj1 #bjbg or the individual's transferee1 until the end of the #c-year period beginning on that date4 7vi7 ,for an individual who completes such term of service by ,september #cj1 #bjbh or the individual's transferee1 until the end of the #b-year period beginning on that date4 7vii7 ,for an individual who completes such term of service by ,september #cj1 #bjbi or the individual's transferee1 until the end of the #a-year period beginning on that date4 7i7 ,limitation ,the funds made available under this section are subject to the condition that the ,corporation shall not-- 7#a7 use such funds to make any transfer to the ,national ,service ,trust for any use1 or enter into any agreement involving such funds-- 7,a7 that is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 for which or under which any payment could be outlaid after ,september #cj1 #bjca2 and 7#b7 use any other funds available to the ,corporation to liquidate obligations made under this section4 7j7 ,definition ,for purposes of this section1 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 ,labor1 or a ,state apprenticeship agency recognized by the ,office of ,apprenticeship1 pursuant to the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc74 #bfjjb4 ,workforce development in support of climate resilience and mitigation 7a7 ,youth,build ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #dej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 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 7e77#c7 of section #bfjja by-- 7#a7 carrying out activities described in section #aga7;c77#b7 of the ,workforce ,innovation and ,opportunity ,act2 and 7#b7 improving and expanding access to services1 stipends1 wages1 and benefits described in subparagraphs 7,a77vii7 and 7,f7 of section #aga7;c77#b7 of such ,act4 7b7 ,job ,corps 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #dej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 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 7e77#c7 of section #bfjja by-- 7,a7 providing funds to operators and service providers to-- 7i7 carry out the activities and services described in sections #adh and #adi of the ,workforce ,innovation and ,opportunity ,act2 and 7ii7 improve and expand access to allowances and services described in section #aej of such ,act2 and 7,b7 notwithstanding section #aeh7;c7 of such ,act1 constructing1 rehabilitating1 and acquiring ,job ,corps centers to support activities described in subparagraph 7,a74 7#b7 ,eligibility ,for the purposes of carrying out paragraph 7#a71 an entity in a ,state or outlying area may be eligible to be selected as an operator or service provider4 7c7 ,pre-apprenticeship1 and ,registered ,apprenticeship ,programs 7#a7 ,pre-apprenticeship programs ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out activities through grants1 cooperative agreements1 contracts1 or other arrangements1 to create or expand pre-apprenticeship programs that articulate to registered apprenticeship programs1 are aligned with high-quality employment opportunities in industry sectors or occupations related to climate resilience or mitigation1 and are aligned with the activities described in subsection 7e77#c7 of section #bfjja4 7#b7 ,pre-apprenticeship partnerships ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to support partnerships between entities carrying out pre-apprenticeship programs that articulate to registered apprenticeship programs and entities funded under subsection 7e7 of section #bfjja to ensure past and current participants in programs funded under subsection 7e77#a7 of section #bfjja have access to such pre-apprenticeship programs4 7#c7 ,registered apprenticeship programs ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #dej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out activities through grants1 cooperative agreements1 contracts1 or other arrangements1 to create or expand registered apprenticeship programs in climate-related nontraditional apprenticeship occupations4 7#d7 ,participants with ,barriers to ,employment and nontraditional apprenticeship populations ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #cej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for entities to carry out pre-apprenticeship programs described in paragraph 7#a71 and registered apprenticeship program described in paragraph 7#c71 serving a high number or high percentage of individuals with barriers to employment1 including individuals with disabilities1 or nontraditional apprenticeship populations4 7d7 ,reentry employment opportunities program ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,reentry ,employment ,opportunities program1 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 7e77#c7 of section #bfjja4 7e7 ,paid youth employment opportunities ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,department of ,labor1 #cej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out activities through grants1 contracts1 or cooperative agreements1 for the purposes of providing in-school youth and out-of-school youth with paid work experiences authorized under section #abi7;c77#b77;,c7 of the ,workforce ,innovation and ,opportunity ,act1 notwithstanding section #aid7aj7 of such ,act1 that are-- 7#a7 carried out by public agencies or private nonprofit entities1 including community-based organizations2 7#b7 provided in conjunction with supportive services and other elements described in section #abi7;c77#b7 of such ,act2 7#c7 aligned with the activities described in subsection 7e77#c7 of section #bfjja2 and 7#d7 designed to prepare participants for-- 7,a7 high-quality1 unsubsidized employment opportunities in industry sectors or occupations related to climate resilience or mitigation2 7,b7 enrollment in an institution of higher education 7as defined in section #aja or #ajb7;c7 of the ,higher ,education ,act of #aife72 and 7,c7 registered apprenticeship programs4 7f7 ,department of ,labor ,inspector ,general ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,inspector ,general of the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until expended1 for salaries and expenses necessary for oversight1 investigations1 and audits of programs1 grants1 and projects of the ,department of ,labor funded under this section4 7g7 ,administration 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,labor for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fi1hjj1jjj1 to remain available until ,september #cj1 #bjbi1 for program administration within the ,department of ,labor for salaries and expenses necessary to implement this section4 7#b7 ,plan ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to the ,department of ,labor1 #bjj1jjj1 to remain available until ,september #cj1 #bjbc1 which shall be used by the ,secretary to-- 7,a7 develop1 publish1 and implement1 not later than #ahj days after the date of enactment of this ,act1 a project1 operations1 and management plan for funds appropriated under this section2 and 7,b7 consult with the ,chief ,executive ,officer of the ,corporation for ,national and ,community ,service in developing the plan under subparagraph 7,a74 7h7 ,definition ,for purposes of this section3 7#a7 ,climate-related nontraditional apprenticeship occupation ,the term climate-related nontraditional apprenticeship occupation means an apprenticeable occupation-- 7,a7 that aligns with the activities described in subsection 7e77#c7 of section #bfjja2 7,b7 in an industry sector that trains less than #aj percent of all civilian registered apprentices as of the date of the enactment of this ,act2 and 7,c7 that is related to climate resilience or mitigation4 7#b7 ,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 ,labor1 or a ,state apprenticeship agency recognized by the ,office of ,apprenticeship1 pursuant to the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc74 7#c7 ,wioa definitions ,the terms community-based organization1 individual with a barrier to employment1 in-school youth1 outlying area1 and out-of-school youth have the meanings given such terms in paragraphs 7#aj71 7#bd71 7#bg71 7#de71 and 7#df71 respectively1 of section #c of the ,workforce ,innovation and ,opportunity ,act4 ,h ,prescription ,drug ,coverage ,provisions #bgjja4 ,requirements with respect to cost-sharing for certain insulin products 7a7 ,in general ,subpart ,b of part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq47 is amended by adding at the end the following3 #gbf4 ,requirements with respect to cost-sharing for certain insulin products 7a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 a group health plan or health insurance issuer offering group health insurance coverage shall provide coverage of selected insulin products1 and with respect to such products1 shall not-- 7#a7 apply any deductible2 or 7#b7 impose any cost-sharing in excess of the lesser of1 per #cj-;day supply-- 7,a7 #ce2 or 7,b7 the amount equal to #be percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or coverage1 including price concessions received by or on behalf of third-party entities providing services to the plan or coverage1 such as pharmacy benefit management services4 7b7 ,definitions ,in this section3 7#a7 ,selected insulin products ,the term selected insulin products means at least one of each dosage form 7such as vial1 pump1 or inhaler dosage forms7 of each different type 7such as rapid-acting1 short-acting1 intermediate-acting1 long-acting1 ultra long-acting1 and premixed7 of insulin 7as defined below71 when available1 as selected by the group health plan or health insurance issuer4 7#b7 ,insulin defined ,the term insulin means insulin that is licensed under subsection 7a7 or 7k7 of section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7 and continues to be marketed under such section1 including any insulin product that has been deemed to be licensed under section #cea7;a7 of such ,act pursuant to section #gjjb7;e77#d7 of the ,biologics ,price ,competition and ,innovation ,act of #bjji 7,public ,law #aaa-adh7 and continues to be marketed pursuant to such licensure4 7c7 ,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 provider1 or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection 7a7 for selected insulin products described in this section that are delivered by an out-of-network provider4 7d7 ,rule of construction ,subsection 7a7 shall not be construed to require coverage of1 or prevent a group health plan or health insurance coverage from imposing cost-sharing other than the levels specified in subsection 7a7 on1 insulin products that are not selected insulin products1 to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under ,federal and applicable ,state law4 7e7 ,application of cost-sharing towards deductibles and out-of-pocket maximums ,any cost-sharing payments made pursuant to subsection 7a77#b7 shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage4 4 7b7 ,clerical amendment ,the table of contents in section #a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq47 is amended by inserting after the item relating to section #gbe the following3 ,sec4 #gbf4 ,requirements with respect to cost-sharing for certain insulin products4 4 #bgjjb4 ,oversight of pharmacy benefit manager services 7a7 ,in general ,subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajba et seq47 is amended-- 7#a7 in subpart ,b of part #g 7#bi ,u4,s4,c4 #aahe et seq471 by adding at the end the following3 #gbg4 ,oversight of pharmacy benefit manager services 7a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 a group health plan 7or health insurance issuer offering group health insurance coverage in connection with such a plan7 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 manufacturer1 distributor1 wholesaler1 subcontractor1 rebate aggregator1 or any associated third party that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer1 or an entity or subsidiary providing pharmacy benefits management services on behalf of a plan or issuer1 from making the reports described in subsection 7b74 7b7 ,reports 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 not less frequently than once every #f months1 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 7as defined in section #c7af77;,b77 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 format4 ,each such report shall include1 with respect to the applicable group health plan or health insurance coverage-- 7,a7 as applicable1 information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid1 or copayment cards applied1 that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan or coverage2 7,b7 a list of each drug covered by such plan1 issuer1 or entity providing pharmacy benefit management services that was dispensed during the reporting period1 including1 with respect to each such drug during the reporting period-- 7i7 the brand name1 chemical entity1 and ,national ,drug ,code2 7ii7 the number of participants and beneficiaries for whom the drug was filled during the plan year1 the total number of prescription fills for the drug 7including original prescriptions and refills71 and the total number of dosage units of the drug dispensed across the plan year1 including whether the dispensing channel was by retail1 mail order1 or specialty pharmacy2 7iii7 the wholesale acquisition cost1 listed as cost per days supply and cost per pill1 or in the case of a drug in another form1 per dose2 7iv7 the total out-of-pocket spending by participants and beneficiaries on such drug1 including participant and beneficiary spending through copayments1 coinsurance1 and deductibles2 and 7v7 for any drug for which gross spending of the group health plan or health insurance coverage exceeded #aj1jjj during the reporting period-- 7,i7 a list of all other drugs in the same therapeutic category or class1 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 drug2 and 7,,ii7 the rationale for preferred formulary placement of such drug in that therapeutic category or class2 7,c7 a list of each therapeutic category or class of drugs that were dispensed under the health plan or health insurance coverage during the reporting period1 and1 with respect to each such therapeutic category or class of drugs1 during the reporting period-- 7i7 total gross spending by the plan1 before manufacturer rebates1 fees1 or other manufacturer remuneration2 7ii7 the number of participants and beneficiaries who filled a prescription for a drug in that category or class2 7iii7 if applicable to that category or class1 a description of the formulary tiers and utilization mechanisms 7such as prior authorization or step therapy7 employed for drugs in that category or class2 7iv7 the total out-of-pocket spending by participants and beneficiaries1 including participant and beneficiary spending through copayments1 coinsurance1 and deductibles2 and 7v7 for each therapeutic category or class under which #c or more drugs are included on the formulary of such plan or coverage-- 7,i7 the amount received1 or expected to be received1 from drug manufacturers in rebates1 fees1 alternative discounts1 or other remuneration-- 7aa7 to be paid by drug manufacturers for claims incurred during the reporting period2 or 7bb7 that is related to utilization of drugs1 in such therapeutic category or class2 7,,ii7 the total net spending1 after deducting rebates1 price concessions1 alternative discounts or other remuneration from drug manufacturers1 by the health plan or health insurance coverage on that category or class of drugs2 and 7,,iii7 the net price per course of treatment or single fill1 such as a #cj-;day supply or #ij-;day supply1 incurred by the health plan or health insurance coverage and its participants and beneficiaries1 after manufacturer rebates1 fees1 and other remuneration for drugs dispensed within such therapeutic category or class during the reporting period2 7,d7 total gross spending on prescription drugs by the plan or coverage during the reporting period1 before rebates and other manufacturer fees or remuneration2 7,e7 total amount received1 or expected to be received1 by the health plan or health insurance coverage in drug manufacturer rebates1 fees1 alternative discounts1 and all other remuneration received from the manufacturer or any third party1 other than the plan sponsor1 related to utilization of drug or drug spending under that health plan or health insurance coverage during the reporting period2 7,f7 the total net spending on prescription drugs by the health plan or health insurance coverage during the reporting period2 and 7,g7 amounts paid directly or indirectly in rebates1 fees1 or any other type of remuneration to brokers1 consultants1 advisors1 or any other individual or firm who referred the group health plan's or health insurance issuer's business to the pharmacy benefit manager4 7#b7 ,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 7#a7 in a manner consistent with the privacy1 security1 and breach notification regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 and shall restrict the use and disclosure of such information according to such privacy regulations4 7#c7 ,disclosure and redisclosure 7,a7 ,limitation to business associates ,a group health plan receiving a report under paragraph 7#a7 may disclose such information only to business associates of such plan as defined in section #afj4ajc of title #de1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,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 7#a71 except that such issuer or entity may not restrict disclosure of such report to the ,department of ,health and ,human ,services1 the ,department of ,labor1 or the ,department of the ,treasury4 7,c7 ,limited form of report ,the ,secretary shall define through rulemaking a limited form of the report under paragraph 7#a7 required of plan sponsors who are drug manufacturers1 drug wholesalers1 or other direct participants in the drug supply chain1 in order to prevent anti-competitive behavior4 7#d7 ,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 #d reports submitted to a plan sponsor under paragraph 7#a7 with respect to such coverage or plan1 and other such reports as requested1 in accordance with the privacy requirements under paragraph 7#b7 and the disclosure and redisclosure standards under paragraph 7#c71 and such other information that the ,comptroller ,general determines necessary to carry out the study under section #cjfjf7;b7 of the ,act entitled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 7c7 ,enforcement 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services and the ,secretary of the ,treasury1 shall enforce this section4 7#b7 ,failure to provide timely information ,a health insurance issuer or an entity providing pharmacy benefit management services that violates subsection 7a7 or fails to provide information required under subsection 7b71 or a drug manufacturer that fails to provide information under subsection 7b77#a77;,a7 in a timely manner1 shall be subject to a civil monetary penalty in the amount of #aj1jjj for each day during which such violation continues or such information is not disclosed or reported4 7#c7 ,false information ,a health insurance issuer1 entity providing pharmacy benefit management services1 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 #ajj1jjj for each item of false information4 ,such civil money penalty shall be in addition to other penalties as may be prescribed by law4 7#d7 ,procedure ,the provisions of section #aabh;,a of the ,social ,security ,act1 other than subsection 7a7 and 7b7 and the first sentence of subsection 7c77#a7 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 #aabh;,a of the ,social ,security ,act4 7#e7 ,waivers ,the ,secretary may waive penalties under paragraph 7#b71 or extend the period of time for compliance with a requirement of this section1 for an entity in violation of this section that has made a good-faith effort to comply with this section4 7d7 ,rule of construction ,nothing in this section shall be construed to permit a health insurance issuer1 group health plan1 or other entity to restrict disclosure to1 or otherwise limit the access of1 the ,department of ,labor to a report described in subsection 7b77#a7 or information related to compliance with subsection 7a7 by such issuer1 plan1 or entity4 7e7 ,definition ,in this section1 the term wholesale acquisition cost has the meaning given such term in section #ahdg;,a7c77#f77;,b7 of the ,social ,security ,act4 2 and 7#b7 in section #ejb7;b77#c7 7#bi ,u4,s4,c4 #aacb7;b77#c771 by inserting 7other than section #gbg7 after part #g4 7b7 ,clerical amendment ,the table of contents in section #a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq47 is amended by inserting after the item relating to section #gbf the following new item3 ,sec4 #gbg4 ,oversight of pharmacy benefit manager services4 4 ,,iii ,committee on ,energy and ,commerce ,a ,air ,pollution #cjaja4 ,clean heavy-duty vehicles ,the ,clean ,air ,act is amended by inserting after section #aca of such ,act 7#db ,u4,s4,c4 #gdca7 the following3 #acb4 ,clean heavy-duty vehicles 7a7 ,appropriations 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out this section4 7#b7 ,nonattainment areas ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to make awards under this section to eligible recipients and to eligible contractors that propose to replace eligible vehicles to serve #a or more communities located in an air quality area designated pursuant to section #ajg as nonattainment for any air pollutant4 7#c7 ,reservation ,of the funds appropriated by paragraph 7#a71 the ,administrator shall reserve #c percent for administrative costs necessary to carry out this section4 7b7 ,program ,beginning not later than #ahj days after the date of enactment of this section1 the ,administrator shall implement a program to make awards of grants and rebates to eligible recipients1 and to make awards of contracts to eligible contractors for providing rebates1 for up to #ajj percent of costs for-- 7#a7 replacing eligible vehicles with zero-emission vehicles2 7#b7 purchasing1 installing1 operating1 and maintaining infrastructure needed to charge1 fuel1 or maintain zero-emission vehicles2 7#c7 workforce development and training to support the maintenance1 charging1 fueling1 and operation of zero-emission vehicles2 and 7#d7 planning and technical activities to support the adoption and deployment of zero-emission vehicles4 7c7 ,applications ,to seek an award under this section1 an eligible recipient or eligible contractor shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator shall prescribe4 7d7 ,definitions ,for purposes of this section3 7#a7 ,eligible contractor ,the term eligible contractor means a contractor that has the capacity-- 7,a7 to sell zero-emission vehicles1 or charging or other equipment needed to charge1 fuel1 or maintain zero-emission vehicles1 to individuals or entities that own an eligible vehicle2 or 7,b7 to arrange financing for such a sale4 7#b7 ,eligible recipient ,the term eligible recipient means-- 7,a7 a ,state2 7,b7 a municipality2 7,c7 an ,indian tribe2 or 7,d7 a nonprofit school transportation association4 7#c7 ,eligible vehicle ,the term eligible vehicle means a ,class #f or ,class #g heavy-duty vehicle as defined in section #ajcg4hja of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this section74 7#d7 ,zero-emission vehicle ,the term zero-emission vehicle means a vehicle that has a drivetrain that produces1 under any possible operational mode or condition1 zero exhaust emissions of-- 7,a7 any air pollutant that is listed pursuant to section #ajh7;a7 7or any precursor to such an air pollutant72 and 7,b7 any greenhouse gas4 4 #cjajb4 ,grants to reduce air pollution at ports ,the ,clean ,air ,act is amended by inserting after section #acb of such ,act1 as added by section #cjaja of this ,act1 the following3 #acc4 ,grants to reduce air pollution at ports 7a7 ,appropriations 7#a7 ,general assistance ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1fbe1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to award rebates and grants to eligible recipients on a competitive basis-- 7,a7 to purchase or install zero-emission port equipment or technology for use at1 or to directly serve1 one or more ports2 7,b7 to conduct any relevant planning or permitting in connection with the purchase or installation of such zero-emission port equipment or technology2 and 7,c7 to develop qualified climate action plans4 7#b7 ,nonattainment areas ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #hge1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to award rebates and grants to eligible recipients to carry out activities described in paragraph 7#a7 with respect to ports located in air quality areas designated pursuant to section #ajg as nonattainment for an air pollutant4 7b7 ,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 at1 or directly serve1 the one or more ports involved4 7c7 ,administration of funds ,of the funds made available by this section1 the ,administrator shall reserve #b percent for administrative costs necessary to carry out this section4 7d7 ,definitions ,in this section3 7#a7 ,eligible recipient ,the term eligible recipient means-- 7,a7 a port authority2 7,b7 a ,state1 regional1 local1 or ,tribal agency that has jurisdiction over a port authority or a port2 7,c7 an air pollution control agency2 or 7,d7 a private entity 7including a nonprofit organization7 that-- 7i7 applies for a grant under this section in partnership with an entity described in any of subparagraphs 7,a7 through 7,c72 and 7ii7 owns1 operates1 or uses the facilities1 cargo-handling equipment1 transportation equipment1 or related technology of a port4 7#b7 ,qualified climate action plan ,the term qualified climate action plan means a detailed and strategic plan that-- 7,a7 establishes goals1 implementation strategies1 and accounting and inventory practices 7including practices used to measure progress toward stated goals7 to reduce emissions at one or more ports of-- 7i7 greenhouse gases2 7ii7 an air pollutant that is listed pursuant to section #ajh7;a7 7or any precursor to such an air pollutant72 and 7iii7 hazardous air pollutants2 7,b7 includes a strategy to collaborate with1 communicate with1 and address potential effects on stakeholders that may be affected by implementation of the plan1 including low-income and disadvantaged near-port communities2 and 7,c7 describes how an eligible recipient has implemented or will implement measures to increase the resilience of the one or more ports involved1 including measures related to withstanding and recovering from extreme weather events4 7#c7 ,zero-emission port equipment or technology ,the term zero-emission port equipment or technology means human-operated equipment or human-maintained technology that-- 7,a7 produces zero emissions of any air pollutant that is listed pursuant to section #ajh7;a7 7or any precursor to such an air pollutant7 and any greenhouse gas other than water vapor2 or 7,b7 captures #ajj percent of the emissions described in subparagraph 7,a7 that are produced by an ocean-going vessel at berth4 4 #cjajc4 ,greenhouse gas reduction fund ,the ,clean ,air ,act is amended by inserting after section #acc of such ,act1 as added by section #cjajb of this ,act1 the following3 #acd4 ,greenhouse gas reduction fund 7a7 ,appropriations 7#a7 ,zero-emission technologies ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #g1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to make grants1 on a competitive basis and beginning not later than #ahj calendar days after the date of enactment of this section1 to ,states1 municipalities1 ,tribal governments1 and eligible recipients for the purposes of providing grants1 loans1 or other forms of financial assistance1 as well as technical assistance1 to enable low-income and disadvantaged communities to deploy or benefit from zero-emission technologies1 including distributed technologies on residential rooftops1 and to carry out other greenhouse gas emission reduction activities1 as determined appropriate by the ,administrator in accordance with this section4 7#b7 ,zero-emission vehicle supply equipment ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to make grants1 on a competitive basis and beginning not later than #ahj calendar days after the date of enactment of this section1 to ,states1 municipalities1 ,tribal governments1 and eligible recipients to support the purchase1 installation1 or operation of publicly available equipment to charge or fuel light-duty zero-emission vehicles1 including in low-income and disadvantaged communities1 through grants1 rebates1 or other forms of financial assistance1 and to carry out related greenhouse gas emission reduction activities1 as determined appropriate by the ,administrator in accordance with this section4 7#c7 ,general assistance ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aa1igj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to make grants1 on a competitive basis and beginning not later than #ahj calendar days after the date of enactment of this section1 to eligible recipients for the purposes of providing financial assistance and technical assistance in accordance with subsection 7b74 7#d7 ,low-income and disadvantaged communities ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #h1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to make grants1 on a competitive basis and beginning not later than #ahj calendar days after the date of enactment of this section1 to eligible recipients for the purposes of providing financial assistance and technical assistance in low-income and disadvantaged communities in accordance with subsection 7b74 7#e7 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the administrative costs necessary to carry out activities under this section4 7b7 ,use of funds ,an eligible recipient that receives a grant pursuant to subsection 7a7 shall use the grant in accordance with the following3 7#a7 ,direct investment ,the eligible recipient shall-- 7,a7 use a broad range of finance and investment tools to provide financial assistance to qualified projects at the national1 regional1 ,state1 and local levels1 including1 as applicable1 through both concessionary and market rate financing2 7,b7 prioritize investment in qualified projects that would otherwise lack access to financing2 7,c7 retain1 manage1 recycle1 and monetize all repayments and other revenue received from fees1 interest1 repaid loans1 and all other types of financial assistance provided using grant funds under this section to ensure continued operability2 and 7,d7 meet any requirements set forth by the ,administrator to ensure accountability and proper management of funds appropriated by this section4 7#b7 ,indirect investment ,the eligible recipient shall provide funding and technical assistance to establish new or support existing public1 quasi-public1 or nonprofit entities that provide financial assistance to qualified projects at the ,state1 local1 territorial1 or ,tribal level or in the ,district of ,columbia1 including community- and low-income-focused lenders and capital providers4 7c7 ,definitions ,in this section3 7#a7 ,eligible recipient ,the term eligible recipient means a nonprofit organization that-- 7,a7 is designed to provide capital1 including by leveraging private capital1 and other forms of financial assistance for the rapid deployment of low- and zero-emission products1 technologies1 and services2 7,b7 does not take deposits other than deposits from repayments and other revenue received from financial assistance provided using grant funds under this section2 7,c7 is funded by public or charitable contributions2 and 7,d7 invests in or finances projects alone or in conjunction with other investors4 7#b7 ,qualified project ,the term qualified project includes any project1 activity1 or technology that-- 7,a7 reduces or avoids greenhouse gas emissions and other forms of air pollution in partnership with1 and by leveraging investment from1 the private sector2 or 7,b7 assists communities in the efforts of those communities to reduce or avoid greenhouse gas emissions and other forms of air pollution4 7#c7 ,publicly available equipment ,the term publicly available equipment means equipment that-- 7,a7 is located at a multi-unit housing structure2 7,b7 is located at a workplace and is available to employees of such workplace or employees of a nearby workplace2 or 7,c7 is at a location that is publicly accessible for a minimum of #ab hours per day at least #e days per week and networked or otherwise capable of being monitored remotely4 7#d7 ,zero-emission technology ,the term zero-emission technology means any technology that produces zero emissions of-- 7,a7 any air pollutant that is listed pursuant to section #ajh7;a7 7or any precursor to such an air pollutant72 and 7,b7 any greenhouse gas4 7#e7 ,zero-emission vehicle ,the term zero-emission vehicle means a vehicle that has a drivetrain that produces1 under any possible operational mode or condition1 zero exhaust emissions of-- 7,a7 any air pollutant that is listed pursuant to section #ajh7;a7 7or any precursor to such an air pollutant72 and 7,b7 any greenhouse gas4 4 #cjajd4 ,collaborative community wildfire air grants 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants authorized under subsections 7a7 through 7c7 of section #ajc of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c77 to assist eligible entities in developing and implementing collaborative community plans to prepare for smoke from wildfires1 reduce risks of smoke exposure due to wildfires1 and mitigate the health and environmental effects of smoke from wildfires4 7b7 ,technical assistance ,the ,administrator of the ,environmental ,protection ,agency may use amounts made available under subsection 7a7 to provide technical assistance to any eligible entity in-- 7#a7 submitting an application for a grant to be made pursuant to this section2 or 7#b7 carrying out a project using a grant made pursuant to this section4 7c7 ,administrative costs ,of the amounts made available under subsection 7a71 the ,administrator of the ,environmental ,protection ,agency shall reserve #e percent for administrative costs to carry out this section4 7d7 ,eligible entities ,in this section1 the term eligible entity means a ,state1 an air pollution control agency1 a municipality1 or an ,indian tribe 7as such terms are defined in section #cjb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb774 #cjaje4 ,diesel emissions reductions 7a7 ,goods movement ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants1 rebates1 and loans under section #gib of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacb7 to identify and reduce diesel emissions resulting from goods movement facilities1 and vehicles servicing goods movement facilities1 in low-income and disadvantaged communities to address the health impacts of such emissions on such communities4 7b7 ,administrative costs ,the ,administrator of the ,environmental ,protection ,agency shall reserve #b percent of the amounts made available under this section for the administrative costs necessary to carry out activities pursuant to this section4 #cjajf4 ,funding to address air pollution 7a7 ,appropriations 7#a7 ,fenceline air monitoring and screening air monitoring ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aag1ejj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje7 to deploy1 integrate1 support1 and maintain fenceline air monitoring1 screening air monitoring1 national air toxics trend stations1 and other air toxics and community monitoring4 7#b7 ,multipollutant monitoring stations ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje7-- 7,a7 to expand the national ambient air quality monitoring network with new multipollutant monitoring stations2 and 7,b7 to replace1 repair1 operate1 and maintain existing monitors4 7#c7 ,air quality sensors in low-income and disadvantaged communities ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje7 to deploy1 integrate1 and operate air quality sensors in low-income and disadvantaged communities4 7#d7 ,emissions from wood heaters ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje7 for testing and other agency activities to address emissions from wood heaters4 7#e7 ,methane monitoring ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje7 for monitoring emissions of methane4 7#f7 ,clean ,air ,act grants ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other activities authorized under subsections 7a7 through 7c7 of section #ajc and section #aje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c71 #gdje74 7#g7 ,other activities ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #de1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out1 with respect to greenhouse gases1 sections #aaa1 #aae1 #afe1 #agg1 #bjb1 #baa1 #bac1 #bca1 and #fab of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa1 #gdae1 #gdge1 #gejg1 #geba1 #gede1 #gedg1 #gega1 and #gfgak74 7#h7 ,greenhouse gas and zero-emission standards for mobile sources ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to provide grants to ,states to adopt and implement greenhouse gas and zero-emission standards for mobile sources pursuant to section #agg of the ,clean ,air ,act 7#db ,u4,s4,c4 #gejg74 7b7 ,administration of funds ,of the funds made available pursuant to paragraphs 7#a71 7#b71 7#e7 and 7#f7 of subsection 7a71 the ,administrator of the ,environmental ,protection ,agency shall reserve #e percent for activities funded pursuant to such subsection other than grants4 #cjajg4 ,funding to address air pollution at schools 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cg1ejj1jjj1 to remain available until ,september #cj1 #bjca1 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 7a7 through 7c7 of section #ajc of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c77 and section #aje of that ,act 7#db ,u4,s4,c4 #gdje74 7b7 ,technical assistance ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ab1ejj1jjj1 to remain available until ,september #cj1 #bjca1 for providing technical assistance to schools in low-income and disadvantaged communities under subsections 7a7 through 7c7 of section #ajc of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;a7-7c77 and section #aje of that ,act 7#db ,u4,s4,c4 #gdje7-- 7#a7 to address environmental issues2 7#b7 to develop school environmental quality plans that include standards for school building1 design1 construction1 and renovation2 and 7#c7 to identify and mitigate ongoing air pollution hazards4 #cjajh4 ,low ,emissions ,electricity ,program ,the ,clean ,air ,act is amended by inserting after section #acd of such ,act1 as added by section #cjajc of this ,act1 the following3 #ace4 ,low ,emissions ,electricity ,program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #ag1jjj1jjj for consumer-related education and partnerships with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use2 7#b7 #ag1jjj1jjj for education1 technical assistance1 and partnerships within low-income and disadvantaged communities with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use2 7#c7 #ag1jjj1jjj for industry-related outreach and technical assistance1 including through partnerships1 with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use2 7#d7 #ag1jjj1jjj for outreach and technical assistance to ,state and local governments1 including through partnerships1 with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use2 7#e7 #a1jjj1jjj to assess1 not later than #a year after the date of enactment of this section1 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 #bjca2 and 7#f7 #ah1jjj1jjj to carry out this section to ensure that reductions in greenhouse gas emissions from domestic electricity generation and use are achieved through use of the authorities of this ,act1 including through the establishment of requirements under this ,act1 incorporating the assessment under paragraph 7#e7 as a baseline4 7b7 ,administration of ,funds ,of the amounts made available under subsection 7a71 the ,administrator shall reserve #b percent for the administrative costs necessary to carry out activities pursuant to that subsection4 4 #cjaji4 ,funding for section #baa7o7 of the ,clean ,air ,act 7a7 ,test and protocol development ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out section #baa7o7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77 with respect to-- 7#a7 the development and establishment of tests and protocols regarding the environmental and public health effects of a fuel or fuel additive2 7#b7 internal and extramural data collection and analyses to regularly update applicable regulations1 guidance1 and procedures for determining lifecycle greenhouse gas emissions of a fuel2 and 7#c7 the review1 analysis and evaluation of the impacts of all transportation fuels1 including fuel lifecycle implications1 on the general public and on low-income and disadvantaged communities4 7b7 ,investments in advanced biofuels ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for new grants to industry and other related activities under section #baa7o7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77 to support investments in advanced biofuels4 #cjaaj4 ,funding for implementation of the ,american ,innovation and ,manufacturing ,act 7a7 ,appropriations 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out subsections 7a7 through 7i7 and subsection 7k7 of section #ajc of division ,s of ,public ,law #aaf-bfj 7#db ,u4,s4,c4 #gfge74 7#b7 ,implementation and compliance tools ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1ejj1jjj1 to remain available until ,september #cj1 #bjbf1 to deploy new implementation and compliance tools to carry out subsections 7a7 through 7i7 and subsection 7k7 of section #ajc of division ,s of ,public ,law #aaf-bfj 7#db ,u4,s4,c4 #gfge74 7#c7 ,competitive grants ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for competitive grants for reclaim and innovative destruction technologies under subsections 7a7 through 7i7 and subsection 7k7 of section #ajc of division ,s of ,public ,law #aaf-bfj 7#db ,u4,s4,c4 #gfge74 7b7 ,administration of funds ,of the funds made available pursuant to subsection 7a77#c71 the ,administrator of the ,environmental ,protection ,agency shall reserve #e percent for administrative costs necessary to carry out activities pursuant to such subsection4 #cjaaa4 ,funding for enforcement technology and public information 7a7 ,compliance monitoring ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cg1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to update the ,integrated ,compliance ,information ,system of the ,environmental ,protection ,agency and any associated systems1 necessary information technology infrastructure1 or public access software tools to ensure access to compliance data and related information4 7b7 ,communications with ,,icis ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #g1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants to ,states1 ,indian tribes1 and air pollution control agencies 7as such terms are defined in section #cjb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb77 to update their systems to ensure communication with the ,integrated ,compliance ,information ,system of the ,environmental ,protection ,agency and any associated systems4 7c7 ,inspection software ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #f1jjj1jjj1 to remain available until ,september #cj1 #bjca-- 7#a7 to acquire or update inspection software for use by the ,environmental ,protection ,agency1 ,states1 ,indian tribes1 and air pollution control agencies 7as such terms are defined in section #cjb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb772 or 7#b7 to acquire necessary devices on which to run such inspection software4 #cjaab4 ,greenhouse gas corporate reporting ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the ,environmental ,protection ,agency to support-- 7#a7 enhanced standardization and transparency of corporate climate action commitments and plans to reduce greenhouse gas emissions2 7#b7 enhanced transparency regarding progress toward meeting such commitments and implementing such plans2 and 7#c7 progress toward meeting such commitments and implementing such plans4 #cjaac4 ,environmental product declaration assistance 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to develop and carry out a program to support the development1 and enhanced standardization and transparency1 of environmental product declarations for construction materials and products1 including by-- 7#a7 providing grants to businesses that manufacture construction materials and products for developing and verifying environmental product declarations1 and to ,states1 ,indian ,tribes1 and nonprofit organizations that will support such businesses2 7#b7 providing technical assistance to businesses that manufacture construction materials and products in developing and verifying environmental product declarations1 and to ,states1 ,indian ,tribes1 and nonprofit organizations that will support such businesses2 and 7#c7 carrying out other activities that assist in measuring1 reporting1 and steadily reducing the quantity of embodied carbon of construction materials and products4 7b7 ,administrative costs ,of the amounts made available under this section1 the ,administrator of the ,environmental ,protection ,agency shall reserve #e percent for administrative costs necessary to carry out this section4 7c7 ,definitions ,in this section3 7#a7 ,embodied carbon ,the term embodied carbon means the quantity of greenhouse gas emissions associated with all relevant stages of production of a material or product1 measured in kilograms of carbon dioxide-equivalent per unit of such material or product4 7#b7 ,environmental product declaration ,the term environmental product declaration means a document that reports the environmental impact of a material or product that-- 7,a7 includes measurement of the embodied carbon of the material or product2 7,b7 conforms with international standards1 such as a ,type ,,iii environmental product declaration1 as defined by the ,international ,organization for ,standardization standard #adjbe2 and 7,c7 is developed in accordance with any standardized reporting criteria specified by the ,administrator of the ,environmental ,protection ,agency4 7#c7 ,state ,the term ,state has the meaning given to that term in section #cjb7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb7;d774 #cjaad4 ,methane emissions reduction program ,the ,clean ,air ,act is amended by inserting after section #ace of such ,act1 as added by section #cjajh of this ,act1 the following3 #acf4 ,methane emissions and waste reduction incentive program for petroleum and natural gas systems 7a7 ,incentives for methane mitigation and monitoring ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #gge1jjj1jjj1 to remain available until ,september #cj1 #bjbh-- 7#a7 for grants1 rebates1 contracts1 loans1 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 #ih of title #dj1 ,code of ,federal ,regulations 7or any successor regulations72 7#b7 for grants1 rebates1 contracts1 loans1 and other activities of the ,environmental ,protection ,agency authorized under subsections 7a7 through 7c7 of section #ajc for methane emissions monitoring2 7#c7 for grants1 rebates1 contracts1 loans1 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 systems1 mitigate legacy air pollution from petroleum and natural gas systems1 and provide support for communities1 including funding for-- 7,a7 improving climate resiliency of communities and petroleum and natural gas systems2 7,b7 improving and deploying industrial equipment and processes that reduce methane and other greenhouse gas emissions and waste2 7,c7 supporting innovation in reducing methane and other greenhouse gas emissions and waste from petroleum and natural gas systems2 7,d7 mitigating health effects of methane and other greenhouse gas emissions1 and legacy air pollution from petroleum and natural gas systems in low-income and disadvantaged communities2 and 7,e7 supporting environmental restoration2 and 7#d7 to cover all direct and indirect costs required to administer this section1 including the costs of implementing the waste emissions charge under subsection 7b71 preparing inventories1 gathering empirical data1 and tracking emissions4 7b7 ,waste emissions charge ,the ,administrator shall impose and collect a charge on methane emissions that exceed an applicable waste emissions threshold under subsection 7e7 from an owner or operator of an applicable facility that is required to report methane emissions pursuant to subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations 7or any successor regulations74 7c7 ,applicable facility ,for purposes of this section1 the term applicable facility means a facility within the following industry segments1 as defined in subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations 7or any successor regulations73 7#a7 ,offshore petroleum and natural gas production4 7#b7 ,onshore petroleum and natural gas production4 7#c7 ,onshore natural gas processing1 7#d7 ,onshore natural gas transmission compression4 7#e7 ,underground natural gas storage4 7#f7 ,liquefied natural gas storage4 7#g7 ,liquefied natural gas import and export equipment4 7#h7 ,onshore petroleum and natural gas gathering and boosting4 7#i7 ,onshore natural gas transmission pipeline4 7d7 ,charge ,amount ,the amount of a charge under subsection 7b7 for an applicable facility shall be equal to the product obtained by multiplying-- 7#a7 the number of tons of methane emissions reported pursuant to subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations 7or any successor regulations7 for the applicable facility that exceed the applicable annual waste emissions threshold listed in subsection 7e7 during the previous reporting period2 and 7#b7 7,a7 #ijj for emissions reported for calendar year #bjbc2 7,b7 #abjj for emissions reported for calendar year #bjbd2 or 7,c7 #aejj for emissions reported for calendar year #bjbe and each year thereafter4 7e7 ,waste emissions threshold 7#a7 ,petroleum and natural gas production ,with respect to imposing and collecting the charge under subsection 7b7 for an applicable facility in an industry segment listed in paragraph 7#a7 or 7#b7 of subsection 7c71 the ,administrator shall impose and collect the charge on the reported tons of methane emissions that exceed-- 7,a7 #j4bj percent of the natural gas sent to sale from such facility2 or 7,b7 #aj metric tons of methane per million barrels of oil sent to sale from such facility1 if such facility sent no natural gas to sale4 7#b7 ,nonproduction petroleum and natural gas systems ,with respect to imposing and collecting the charge under subsection 7b7 for an applicable facility in an industry segment listed in paragraph 7#c71 7#f71 7#g71 or 7#h7 of subsection 7c71 the ,administrator shall impose and collect the charge on the reported tons of methane emissions that exceed #j4je percent of the natural gas sent to sale from such facility4 7#c7 ,natural gas transmission ,with respect to imposing and collecting the charge under subsection 7b7 for an applicable facility in an industry segment listed in paragraph 7#d71 7#e71 or 7#i7 of subsection 7c71 the ,administrator shall impose and collect the charge on the reported tons of methane emissions that exceed #j4aa percent of the natural gas sent to sale from such facility4 7#d7 ,exemption ,charges shall not be imposed pursuant to paragraph 7#a7 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 infrastructure4 7f7 ,period ,the charge under subsection 7b7 shall be imposed and collected beginning with respect to emissions reported for calendar year #bjbc and for each year thereafter4 7g7 ,implementation ,in addition to other authorities in this ,act addressing air pollution from the oil and natural gas sectors1 the ,administrator may issue guidance or regulations as necessary to carry out this section4 7h7 ,reporting ,not later than #b years after the date of enactment of this section1 and as necessary thereafter1 the ,administrator shall revise the requirements of subpart ,w of part #ih of title #dj1 ,code of ,federal ,regulations-- 7#a7 to reduce the facility emissions threshold for reporting under such subpart and for paying the charge imposed under this section to #aj1jjj metric tons of carbon dioxide equivalent of greenhouse gases emitted per year2 and 7#b7 to ensure the reporting under such subpart1 and calculation of charges under subsections 7d7 and 7e7 of this section1 are based on empirical data and accurately reflect the total methane emissions and waste emissions from the applicable facilities4 7i7 ,liability for charge payment ,a facility owner or operator's liability for payment of the charge under subsection 7b7 is not affected in any way by emission standards1 permit fees1 penalties1 or other requirements under this ,act or any other legal authorities4 4 #cjaae4 ,funding for the ,office of the ,inspector ,general of the ,environmental ,protection ,agency ,in addition to amounts otherwise made available1 there is appropriated to the ,office of the ,inspector ,general of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for oversight of activities supported with funds appropriated to the ,environmental ,protection ,agency in this ,act4 #cjaaf4 ,climate ,pollution ,reduction ,grants ,the ,clean ,air ,act is amended by inserting after section #acf of such ,act1 as added by section #cjaad of this ,act1 the following3 #acg4 ,greenhouse ,gas ,air ,pollution ,plans and ,implementation ,grants 7a7 ,appropriations 7#a7 ,greenhouse gas air pollution planning grants ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out subsection 7b74 7#b7 ,greenhouse gas air pollution implementation grants ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #d1gej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out subsection 7c74 7#c7 ,administrative costs ,of the funds made available under paragraph 7#b71 the ,administrator shall reserve #c percent for administrative costs necessary to carry out this section1 including providing technical assistance to eligible entities1 developing a plan that could be used as a model by grantees in developing a plan under subsection 7b71 and modeling the effects of plans described in this section4 7b7 ,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 7c74 ,each such plan shall include programs1 policies1 measures1 and projects that will achieve or facilitate the reduction of greenhouse gas air pollution4 ,not later than #bgj days after the date of enactment of this section1 the ,administrator shall publish a funding opportunity announcement for grants under this subsection4 7c7 ,greenhouse gas air pollution reduction implementation grants 7#a7 ,in general ,the ,administrator shall competitively award grants to eligible entities to implement plans developed under subsection 7b74 7#b7 ,application ,to apply for a grant under this subsection1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator shall require1 which such application shall include information regarding-- 7,a7 the degree to which greenhouse gas air pollution is projected to be reduced1 including with respect to low-income and disadvantaged communities2 and 7,b7 the quantifiability1 specificity1 additionality1 permanence1 and verifiability of such projected greenhouse gas air pollution reduction4 7#c7 ,terms and conditions ,the ,administrator shall make funds available to a grantee under this subsection in such amounts1 upon such a schedule1 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 reduction1 as determined by the ,administrator4 7d7 ,eligible entity defined ,in this section1 the term eligible entity means-- 7#a7 a ,state2 7#b7 an air pollution control agency2 7#c7 a municipality2 7#d7 an ,indian tribe2 and 7#e7 a group of one or more entities listed in paragraphs 7#a7 through 7#d74 4 #cjaag4 ,environmental ,protection ,agency efficient1 accurate1 and timely reviews ,in addition to amounts otherwise available1 there is appropriated to the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to provide for the development of efficient1 accurate1 and timely reviews for permitting and approval processes through the hiring and training of personnel1 the development of programmatic documents1 the procurement of technical or scientific services for reviews1 the development of environmental data or information systems1 stakeholder and community engagement1 the purchase of new equipment for environmental analysis1 and the development of geographic information systems and other analysis tools1 techniques1 and guidance to improve agency transparency1 accountability1 and public engagement4 #cjaah4 ,low-embodied carbon labeling for construction materials for transportation projects 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to develop and carry out a program1 in consultation with the ,administrator of the ,federal ,highway ,administration1 to identify and label1 based on environmental product declarations1 low-embodied carbon construction materials and products used for transportation projects1 and for necessary administrative costs of the ,administrator of the ,environmental ,protection ,agency to carry out this section4 7b7 ,definitions ,in this section3 7#a7 ,embodied carbon ,the term embodied carbon means the quantity of greenhouse gas emissions associated with all relevant stages of production of a material or product1 measured in kilograms of carbon dioxide-equivalent per unit of such material or product4 7#b7 ,environmental product declaration ,the term environmental product declaration means a document that reports the environmental impact of a material or product that-- 7,a7 includes measurement of the embodied carbon of the material or product2 7,b7 conforms with international standards1 such as a ,type ,,iii environmental product declaration as defined by the ,international ,organization for ,standardization standard #adjbe2 and 7,c7 is developed in accordance with any standardized reporting criteria specified by the ,administrator of the ,environmental ,protection ,agency4 7#c7 ,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 products4 ,b ,hazardous ,materials #cjbja4 ,grants to reduce waste in communities ,the ,solid ,waste ,disposal ,act is amended by inserting after section #gjaj 7#db ,u4,s4,c4 #figi;b7 the following3 #gjaa4 ,grants to reduce waste in communities 7a7 ,appropriations 7#a7 ,organics recycling and food waste ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ie1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to make grants1 on a competitive basis1 to eligible recipients for projects in1 or directly serving1 low-income or disadvantaged communities to-- 7,a7 construct1 expand1 or modernize infrastructure for recycling and reuse of organic material1 including any facility1 machinery1 or equipment used to collect and process organic material2 or 7,b7 measure1 reduce1 and prevent food waste4 7#b7 ,other waste reduction activities ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ie1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to make grants1 on a competitive basis1 to eligible recipients for projects in1 or directly serving1 low-income or disadvantaged communities to-- 7,a7 reduce the amount of waste generated from manufacturing processes or when consumer products are disposed of1 including by encouraging product or manufacturing redesign or redevelopment that reduces packaging and waste byproducts2 7,b7 create market demand or manufacturing capacity for recovered1 recyclable1 or recycled commodities and products1 including compost2 or 7,c7 support the development and implementation of activities that reduce the amount of waste disposed of in landfills or prevent the disposal of waste in landfills1 including-- 7i7 expanding the availability of source-separated organic waste collection2 7ii7 encouraging diversion of organic waste from landfills2 or 7iii7 increasing fees imposed on the disposal of waste1 including organic waste1 at landfills4 7b7 ,administration of funds ,of the amounts made available under subsection 7a71 the ,administrator shall reserve #e percent for the administrative costs necessary to carry out activities pursuant to that subsection4 7c7 ,definition of eligible recipient ,in this section1 the term eligible recipient means-- 7#a7 a single unit of ,state1 local1 or ,tribal government2 or 7#b7 a nonprofit organization4 4 #cjbjb4 ,environmental and climate justice block grants ,the ,clean ,air ,act is amended by inserting after section #acg1 as added by subtitle ,a of this title1 the following3 #ach4 ,environmental and climate justice block grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #b1hjj1jjj1jjj to remain available until ,september #cj1 #bjbf1 to award grants for the activities described in subsection 7b72 and 7#b7 #bjj1jjj1jjj to remain available until ,september #cj1 #bjbf1 to provide technical assistance to eligible entities related to grants awarded under this section4 7b7 ,grants 7#a7 ,in general ,the ,administrator shall use amounts made available under subsection 7a77#a7 to award grants for periods of up to #c years to eligible entities to carry out activities described in paragraph 7#b7 that benefit disadvantaged communities1 as defined by the ,administrator4 7#b7 ,eligible activities ,an eligible entity may use a grant awarded under this subsection for-- 7,a7 community-led air and other pollution monitoring1 prevention1 and remediation1 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 pollutants2 7,b7 mitigating climate and health risks from urban heat islands1 extreme heat1 wood heater emissions1 and wildfire events2 7,c7 climate resiliency and adaptation2 7,d7 reducing indoor toxics and indoor air pollution2 or 7,e7 facilitating engagement of disadvantaged communities in ,state and ,federal public processes1 including facilitating such engagement in advisory groups1 workshops1 and rulemakings4 7#c7 ,eligible entities ,in this subsection1 the term eligible entity means-- 7,a7 a partnership between-- 7i7 an ,indian tribe1 a local government1 or an institution of higher education2 and 7ii7 a community-based nonprofit organization2 7,b7 a community-based nonprofit organization2 or 7,c7 a partnership of community-based nonprofit organizations4 7c7 ,administrative costs ,the ,administrator shall reserve #g percent of the amounts made available under subsection 7a7 for administrative costs to carry out this section4 4 #cjbjc4 ,funding for data collection on national recycling efforts ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to support data collection activities with respect to recycling efforts throughout the nation1 with a particular focus on recycling efforts in disadvantaged1 low-income1 and rural communities that lack access to recycling services4 ,c ,drinking ,water #cjcja4 ,lead remediation projects 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #i1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for-- 7#a7 grants under the lead reduction grant program under section #adei;,b7b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;b7b77 to entities eligible for grants under that program that serve communities determined to be disadvantaged communities pursuant to paragraph 7#c77;,a7 of such subsection1 for full service line replacement within those disadvantaged communities2 7#b7 grants for the installation and maintenance of lead filtration stations at schools and child care programs 7as defined in section #adfd7;d77#a7 of that ,act 7#db ,u4,s4,c4 #cjj;j-#bd7;d77#a77 that serve disadvantaged communities2 and 7#c7 grants under subsection 7d7 of section #adfd of that ,act 7#db ,u4,s4,c4 #cjj;j-#bd7-- 7,a7 to pay the costs of replacement of drinking water fountains in schools and child care programs that serve disadvantaged communities2 7,b7 for lead remediation projects in buildings operated by entities eligible for grants under that subsection that serve disadvantaged communities2 and 7,c7 for compliance monitoring in disadvantaged communities4 7b7 ,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 assistance4 7c7 ,administrative costs ,of the amounts made available under subsection 7a71 the ,administrator of the ,environmental ,protection ,agency shall reserve #g percent for the administrative costs of carrying out this section4 #cjcjb4 ,funding for water assistance program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bbe1jjj1jjj1 to remain available until expended1 to provide grants to ,states1 ,indian ,tribes1 and ,tribal organizations to assist low-income households that pay a high proportion of household income for drinking water and wastewater 7including stormwater7 services1 particularly households with an annual income that is less than or equal to #aej percent of the ,federal poverty line1 by providing amounts to community water systems 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f77 or publicly owned treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib77 to reduce the arrearages of and rates charged to those households for those services by up to #ajj percent4 7b7 ,requirement ,of the amounts made available under subsection 7a71 the ,administrator of the ,environmental ,protection ,agency shall reserve not more than #c percent to provide the assistance described in that subsection to ,indian ,tribes and ,tribal organizations4 7c7 ,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 assistance4 7d7 ,administrative costs ,of the amounts made available under subsection 7a71 the ,administrator of the ,environmental ,protection ,agency shall reserve #g percent for the administrative costs of carrying out this section4 7e7 ,definition of ,state ,in this section1 the term ,state means-- 7#a7 each of the #ej ,states2 7#b7 the ,district of ,columbia2 7#c7 the ,commonwealth of ,puerto ,rico2 7#d7 ,american ,samoa2 7#e7 ,guam2 7#f7 the ,united ,states ,virgin ,islands2 and 7#g7 the ,commonwealth of the ,northern ,mariana ,islands4 ,d ,energy #a ,residential ,efficiency and ,electrification ,rebates #cjdaa4 ,home energy performance-based1 whole-house rebates and training grants 7a7 ,home on-line performance-based energy efficiency 7,,hope7 contractor training grants 7#a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cfj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to award grants to ,states to develop and implement a ,state program described in section #cfb7;d77#ac7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77#ac771 which shall partner with nonprofit organizations to fund qualifying programs described in paragraph 7#b7 that provide training courses and opportunities to support home energy efficiency upgrade construction services to train workers1 both on-line and in-person1 to support and provide for the home energy efficiency retrofits under subsection 7b71 and for administrative expenses associated with carrying out this subsection4 7#b7 ,qualifying programs ,for the purposes of this paragraph1 qualifying programs are programs that-- 7,a7 provide the equivalent of at least #cj hours in total course time2 7,b7 are provided by a provider that is accredited by the ,interstate ,renewable ,energy ,council or has other accreditation determined to be equivalent by the ,secretary2 7,c7 are1 with respect to a particular job1 aligned with the relevant ,national ,renewable ,energy ,laboratory ,job ,task ,analysis1 or other credentialing program foundation that helps identify the necessary core knowledge areas1 critical work functions1 or skills1 as approved by the ,secretary2 7,d7 have established learning objectives2 7,e7 include1 as the ,secretary determines appropriate1 an appropriate assessment of such learning objectives that may include a final exam1 to be proctored on-site or through remote proctoring1 or an in-person field exam2 and 7,f7 include training related to-- 7i7 contractor certification2 7ii7 energy auditing or assessment2 7iii7 home energy systems 7including ,energy ,star-qualified ,,hvac systems and ,wi-,fi-enabled home energy communications technology1 or any future technology that achieves the same goals72 7iv7 insulation installation and air leakage control2 7v7 health and safety regarding the installation of energy efficiency measures or health and safety impacts associated with energy efficiency retrofits2 7vi7 indoor air quality2 7vii7 energy efficiency retrofits in manufactured housing2 and 7viii7 residential electrification training and conversion training4 7#c7 ,state energy program providers ,a ,state energy office may use not more than #aj percent of the amounts made available to the ,state energy office under this subsection to administer a qualifying program described in paragraph 7#b71 including for the conduct of design and operations activities4 7#d7 ,terms and conditions 7,a7 ,eligible use of funds ,of the amounts made available to a ,state under this subsection1 #he percent shall be used by the ,state-- 7i7 to support the operations of qualifying programs1 including establishing1 modifying1 or maintaining the online systems1 staff time1 and software and online program management1 through a course that meets the applicable criteria2 7ii7 to reimburse the contractor company for training costs for employees2 7iii7 to provide any home technology support needed for an employee to receive training pursuant to this subsection2 and 7iv7 to support wages of employees during training4 7,b7 ,timing of obligations ,amounts made available under this subsection shall be used1 as necessary1 to cover or reimburse allowable costs incurred after the date of enactment of this ,act4 7,c7 ,unobligated amounts ,amounts made available under this subsection which are not accepted1 are voluntarily returned1 or otherwise recaptured for any reason shall be used to fund grants under subsection 7b74 7b7 ,home owner managing energy savings 7,,homes7 rebates 7#a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1hij1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to award grants1 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 #a1 #bjba1 to ,state energy offices to establish ,home ,owner ,managing ,energy ,savings 7,,homes7 ,rebate ,programs pursuant to section #cfb7;d77#e7 of such ,act 7#db ,u4,s4,c4 #fcbb7;d77#e771 and for administrative expenses associated with carrying out this subsection4 7#b7 ,coordination ,in carrying out this subsection1 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 savings4 7#c7 ,application ,in order to receive a grant under this subsection1 a ,state shall submit to the ,secretary an application that includes a plan to implement a qualifying ,state program that includes-- 7,a7 a plan to ensure that each home energy efficiency retrofit under the program-- 7i7 is completed by a contractor who meets minimum training requirements1 certification requirements1 and other requirements established by the ,secretary2 and 7ii7 includes installation of #a or more home energy efficiency retrofit measures that are modeled to achieve1 or are shown to achieve1 the minimum reduction required in home energy use1 or with respect to a portfolio of home energy efficiency retrofits1 in aggregated home energy use for such portfolio2 7,b7 a plan-- 7i7 to utilize1 for purposes of modeled performance home rebates1 modeling software1 methods1 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 #bdjj1 that are approved by the ,secretary1 that can provide evidence for necessary improvements to a ,state program1 and that can help to calibrate models for accuracy2 7ii7 to utilize1 for purposes of measured performance home rebates1 open-source advanced measurement and verification software approved by the ,secretary for determining and documenting the monthly and hourly 7if available7 weather-normalized baseline energy use of a home1 the reductions in monthly and hourly 7if available7 weather-normalized energy use of a home resulting from the implementation of a home energy efficiency retrofit1 and open-source advanced measurement and verification software approved by the ,secretary2 and 7iii7 to value savings based on time1 location1 or greenhouse gas emissions2 7,c7 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 aggregator1 if the ,state program will utilize aggregators2 7,d7 if the ,state program will utilize aggregators to facilitate delivery of rebates to homeowners or contractors1 requirements for an entity to be eligible to serve as an aggregator2 7,e7 quality monitoring to ensure that each installation that receives a rebate is documented in a certificate1 provided by the contractor to the homeowner1 that details the work1 including information about the characteristics of equipment and materials installed1 as well as projected energy savings or energy generation1 in a way that will enable the homeowner to clearly communicate the value of the high-performing features funded by the rebate to buyers1 real estate agents1 appraisers and lenders2 and 7,f7 a procedure for providing the contractor performing a home energy efficiency retrofit or an aggregator who has the right to claim such rebate with #bjj for each home located in an underserved community that receives a home efficiency retrofit for which a rebate is provided under the program4 7#d7 ,amount of rebates for single family and multifamily homes ,of the amounts provided to a ,state energy office under this subsection1 #he percent shall be used to provide ,home ,owner ,managing ,energy ,savings 7,,homes7 ,rebates to-- 7,a7 individuals and aggregators for the energy efficiency upgrades of single-family homes of not more than #d units-- 7i7 #b1jjj for a retrofit that achieves at least #bj percent modeled energy system savings or #ej percent of the project cost1 whichever is lower2 7ii7 #d1jjj for a retrofit that achieves at least #ce percent modeled energy system savings or #ej percent of the project cost1 whichever is lower2 or 7iii7 for measured energy savings1 a payment per kilowatt hour saved1 or kilowatt hour-equivalent saved1 equal to #b1jjj for a #bj percent reduction of energy use for the average home in the ,state1 for homes or portfolios of homes that achieve at least #ae percent energy savings1 or #ej percent of the project cost1 whichever is lower2 7,b7 multifamily building owners and aggregators for the energy efficiency upgrades of multifamily buildings-- 7i7 #b1jjj per dwelling unit for a retrofit that achieves at least #bj percent modeled energy system savings up a maximum of #bjj1jjj per multifamily building2 7ii7 #d1jjj per dwelling unit for a retrofit that achieves at least #ce percent modeled energy system savings up to a maximum of #djj1jjj per multifamily building2 or 7iii7 for measured energy savings1 a payment rate per kilowatt hours saved1 or kilowatt hour-equivalent saves1 equal to #b1jjj for a #bj percent reduction of energy use for the average multifamily building in the ,state1 for multifamily buildings or portfolios of buildings that achieve at least #ae percent energy savings1 or #ej percent of the project cost1 whichever is lower2 or 7,c7 individuals and aggregators for the energy efficiency upgrades of single family homes of #d units or less or multifamily buildings that are occupied by residents with an annual income of less than #hj percent of the area median income as published publicly by the ,department of ,housing and ,urban ,development-- 7i7 #d1jjj for a retrofit that achieves at least #bj percent modeled energy system savings or #hj percent of the project cost1 whichever is lower2 7ii7 #h1jjj for a retrofit that achieves at least #ce percent modeled energy system savings or #hj percent of the project cost1 whichever is lower2 or 7iii7 for measured energy savings1 a payment rate per kilowatt hour saved1 or kilowatt hour-equivalent saved1 equal to #d1jjj for a #bj percent reduction of energy use for the average multifamily building in the ,state1 for multifamily buildings or portfolios of buildings that achieve at least #ae percent energy savings1 or #hj percent of the project cost1 whichever is lower4 7#e7 ,requirement ,not less than #be percent of the funds provided to a ,state energy office under this subsection shall be used for the purposes of each of subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#d74 7#f7 ,eligibility of certain appliances ,in calculating total energy savings for single family or multifamily homes under this subsection1 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 #f years after the date of enactment of this ,act4 7#g7 ,planning ,not to exceed #bj percent of any grant made with funds made available under this subsection shall be expended for planning and management development and administration4 7#h7 ,technical assistance ,amounts made available under this subsection shall be used for single family1 multifamily1 and manufactured housing rebates and the ,secretary shall1 in consultation with ,states1 contractors1 and other local technical experts design support1 methodology1 and contractor criteria as appropriate for the different building stock4 7#i7 ,use of funds ,rebate amounts made available through the ,high-,efficiency ,electric ,home ,rebate ,program established under subsection 7b77#a7 of section #abd of the ,energy ,policy ,act of #bjje 7as amended by this subtitle7 may be used in conjunction with the funds made available under this subsection4 7c7 ,definitions ,in this section3 7#a7 ,aggregator ,the term aggregator means a gas utility1 electric utility1 commercial entity1 nonprofit entity1 or ,state or local government entity that may receive rebates provided under a ,state program under this section for #a or more portfolios consisting of #a or more energy efficiency retrofits4 7#b7 ,contractor certification ,the term contractor certification means-- 7,a7 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 buildings2 and 7,b7 any other certification the ,secretary determines appropriate for purposes of the ,,homes ,rebate ,program established under subsection 7b74 7#c7 ,contractor company ,the term contractor company means a company-- 7,a7 the business of which is to provide services to residential building owners with respect to ,,hvac systems1 insulation1 air sealing1 or other services that are approved by the ,secretary2 7,b7 that holds the licenses and insurance required by the ,state in which the company provides services2 and 7,c7 that provides services for which a rebate may be provided pursuant to the ,,homes ,rebate ,program established under subsection 7b74 7#d7 ,energy star program ,the term ,energy ,star program means the program established by section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a74 7#e7 ,home ,the term home means a building with not more than #d dwelling units or a manufactured housing unit 7including a unit built before ,june #ae1 #aigf71 that-- 7,a7 is located in the ,united ,states2 7,b7 was constructed before the date of enactment of this ,act2 7,c7 is occupied at least #f months out of the year2 and 7,d7 is not on a military base4 7#f7 ,,hvac system ,the term ,,hvac system means a system-- 7,a7 is certified under the ,energy ,star program2 7,b7 consisting of a heating component1 a ventilation component1 and an air-conditioning component2 and 7,c7 the components of which may include central air conditioning1 a heat pump1 a furnace1 a boiler1 a rooftop unit1 and a window unit4 7#g7 ,multifamily building ,the term multifamily building means a building-- 7,a7 with #e or more dwelling units2 and 7,b7 that is not on a military base4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#i7 ,state energy office ,the term ,state energy office has the meaning given the term ,state energy agency in section #cia7aj7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcga7aj774 7#aj7 ,underserved community ,the term underserved community means-- 7,a7 a community located in a ,,zip ,code that includes #a or more census tracts that are identified as-- 7i7 a low-income community2 or 7ii7 a community of racial or ethnic minority concentration2 or 7,b7 any other community that the ,secretary determines is disproportionately vulnerable to1 or bears a disproportionate burden of1 any combination of economic1 social1 and environmental stressors4 #cjdab4 ,high-,efficiency ,electric ,home ,rebate ,program 7a7 ,in general ,section #abd of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehba7 is amended to read as follows3 #abd4 ,high-,efficiency ,electric ,home ,rebate ,program 7a7 ,appropriations 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7,a7 #b1bbf1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to provide rebates under this section2 7,b7 #d1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for community and consumer education and outreach related to carrying out this section2 and 7,c7 #bbj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to administer this section and to provide administrative and technical support to certified contractor companies1 qualified providers1 ,states1 and ,indian ,tribes4 7#b7 ,additional funding for ,tribal communities and low- or moderate-income households ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1hjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for-- 7,a7 rebates under this section relating to qualified electrification projects carried out in ,tribal communities or for low- or moderate-income households2 and 7,b7 any necessary administrative or technical support for those qualified electrification projects4 7b7 ,high-efficiency electric home rebates for qualified electrification projects 7#a7 ,high-efficiency electric home rebates ,the ,secretary shall establish a program within the ,department1 to be known as the ,high-,efficiency ,electric ,home ,rebate ,program1 under which the ,secretary shall provide to homeowners and owners of multifamily buildings high-efficiency electric home rebates1 in accordance with this subsection1 for qualified electrification projects carried out at1 or relating to1 the homes or multifamily buildings1 as applicable4 7#b7 ,amount of rebate 7,a7 ,in general ,subject to subsection 7c77#a77;,a71 a high-efficiency electric home rebate under paragraph 7#a7 shall be equal to-- 7i7 in the case of a qualified electrification project described in subsection 7d77#aa77;,a77i77,,ii7 that installs a heat pump used for water heating1 not more than #a1bej2 7ii7 in the case of a qualified electrification project described in subsection 7d77#aa77;,a77i77,,ii7 that installs a heat pump ,,hvac system-- 7,i7 7aa7 not more than #c1jjj if the heat pump ,,hvac system has a heating capacity of not less than #bg1ejj ,btu per hour2 or 7bb7 not more than #d1jjj if the heat pump ,,hvac system meets ,energy ,star program cold climate criteria and is installed in a cold climate1 as determined by the ,secretary2 7,,ii7 7aa7 not more than #a1ejj if the heat pump ,,hvac system has a heating capacity of less than #bg1ejj ,btu per hour2 or 7bb7 not more than #b1jjj if the heat pump ,,hvac system meets ,energy ,star program cold climate criteria and is installed in a cold climate1 as determined by the ,secretary2 and 7,,iii7 #bej1 in addition to the amount described in subclause 7,i7 or 7,,ii71 if a qualified electrification project described in subsection 7d77#aa77;,a77i77,v7 that installs insulation1 air sealing1 and ventilation in accordance with clause 7v7 is completed within #f months before or after the qualified electrification project described in that subclause2 7iii7 in the case of a qualified electrification project described in subclause 7,,iii7 or 7,,iv7 of subsection 7d77#aa77;,a77i71 not more than #fjj2 7iv7 in the case of a qualified electrification project described in subsection 7d77#aa77;,a77i77,i7 that installs an electric load or service center panel that enables the installation and use of any upgrade1 appliance1 system1 equipment1 infrastructure1 component1 or other item installed pursuant to any other qualified electrification project1 not more than #c1jjj2 7v7 in the case of a qualified electrification project described in subsection 7d77#aa77;,a77i77,v7 that installs insulation and air sealing1 not more than #hjj2 and 7vi7 in the case of any other qualified electrification project1 including a qualified electrification project described in any of subclauses 7,i7 through 7,,iii7 of subsection 7d77#aa77;,a77ii71 for which the ,secretary provides a high-efficiency electric home rebate1 not more than an amount determined by the ,secretary for that qualified electrification project1 subject to subparagraph 7,b74 7,b7 ,limitations on amount of rebate 7i7 ,maximum total amount ,subject to subsection 7c77#a77;,b71 the maximum total amount that may be awarded as high-efficiency electric home rebates under this subsection shall be #aj1jjj with respect to each home for which a high-efficiency electric home rebate is provided4 7ii7 ,costs 7,i7 ,in general ,subject to subsection 7c77#a77;,c71 the amount of a high-efficiency electric home rebate provided to a homeowner under this subsection shall not exceed #ej percent of the total cost of the applicable qualified electrification project4 7,,ii7 ,labor costs ,subject to subsection 7c77#a77;,c71 not more than #ej percent of the labor costs associated with a qualified electrification project may be included in the #ej percent of total costs for which a high-efficiency electric home rebate is provided under this subsection1 as described in subclause 7,i71 subject to the condition that labor costs account for not more than #ej percent of the amount of the high-efficiency electric home rebate4 7#c7 ,limitations on ,q,e,ps 7,a7 ,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 company4 7,b7 ,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-- 7i7 replaces-- 7,i7 a nonelectric ,,hvac system2 7,,ii7 an electric resistance ,,hvac system2 or 7,,iii7 an air conditioning unit that-- 7aa7 does not have a reversing valve2 and 7bb7 has a lower seasonal energy-efficiency ratio than the heat pump ,,hvac system2 or 7ii7 is part of new construction1 as determined by the ,secretary4 7,c7 ,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-- 7i7 replaces-- 7,i7 a nonelectric heat pump water heater2 7,,ii7 a nonelectric water heater2 or 7,,iii7 an electric resistance water heater2 or 7ii7 is part of new construction1 as determined by the ,secretary4 7,d7 ,electric stoves1 cooktops1 ranges1 and ovens ,a high-efficiency electric home rebate may be provided for a qualified electrification project described in subsection 7d77#aa77;,a77i77,,iii7 only if the applicable electric stove1 cooktop1 range1 or oven-- 7i7 replaces a nonelectric stove1 cooktop1 range1 or oven2 or 7ii7 is part of new construction1 as determined by the ,secretary4 7,e7 ,electric heat pump clothes dryers ,a high-efficiency electric home rebate may be provided for a qualified electrification project described in subsection 7d77#aa77;,a77i77,,iv7 only if the applicable electric heat pump clothes dryer-- 7i7 replaces a nonelectric clothes dryer2 or 7ii7 is part of new construction4 7#d7 ,additional incentives for contractors and qualified providers 7,a7 ,general incentive 7i7 ,in general ,with respect to each qualified electrification project described in clause 7ii71 the ,secretary shall provide a payment of #ajj to the certified contractor company or qualified provider carrying out the qualified electrification project4 7ii7 ,qualified electrification project described ,a qualified electrification project referred to in clause 7i7 is a qualified electrification project-- 7,i7 that is carried out at a home or multifamily building2 7,,ii7 for which a rebate is provided under this subsection2 and 7,,iii7 with respect to which the certified contractor company or qualified provider is not eligible for a higher payment under any of subparagraphs 7,b7 through 7,d74 7,b7 ,incentive for ,q,e,ps in certain communities and households 7i7 ,in general ,with respect to each qualified electrification project described in clause 7ii71 the ,secretary shall provide a payment of #bjj to the certified contractor company or qualified provider carrying out the qualified electrification project4 7ii7 ,qualified electrification project described ,a qualified electrification project referred to in clause 7i7 is a qualified electrification project-- 7,i7 that is carried out at a home or multifamily building that-- 7aa7 is located in an underserved community or a ,tribal community2 or 7bb7 is certified1 or the household of the homeowner of which is certified1 as applicable1 as low- or moderate-income2 7,,ii7 for which a rebate is provided under this subsection2 and 7,,iii7 with respect to which the certified contractor company or qualified provider is not eligible for a higher payment under subparagraph 7,c7 or 7,d74 7,c7 ,incentive for certain labor practices 7i7 ,in general ,with respect to each qualified electrification project described in clause 7ii71 the ,secretary shall provide a payment of #bej to the certified contractor company or qualified provider carrying out the qualified electrification project4 7ii7 ,qualified electrification project described ,a qualified electrification project referred to in clause 7i7 is a qualified electrification project-- 7,i7 that is carried out-- 7aa7 at a home or multifamily building2 and 7bb7 by a certified contractor company or qualified provider that allows for the use of collective bargaining agreements2 7,,ii7 for which a rebate is provided under this subsection2 and 7,,iii7 with respect to which-- 7aa7 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 locality2 and 7bb7 the certified contractor company or qualified provider is not eligible for a higher payment under subparagraph 7,d74 7,d7 ,maximum incentive 7i7 ,in general ,with respect to each qualified electrification project described in clause 7ii71 the ,secretary shall provide a payment of #ejj to the certified contractor company or qualified provider carrying out the qualified electrification project4 7ii7 ,qualified electrification project described ,a qualified electrification project referred to in clause 7i7 is a qualified electrification project-- 7,i7 that is carried out-- 7aa7 at a home or multifamily building that-- 7,,aa7 is located in an underserved community or a ,tribal community2 or 7,,bb7 is certified1 or the household of the homeowner of which is certified1 as applicable1 as low- or moderate-income2 and 7bb7 by a certified contractor company or qualified provider that allows for the use of collective bargaining agreements2 7,,ii7 for which a rebate is provided under this subsection2 and 7,,iii7 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 locality4 7,e7 ,clarification ,an amount provided to a certified contractor company or qualified provider under any of subparagraphs 7,a7 through 7,d7 shall be in addition to the amount of any high-efficiency electric home rebate received by the certified contractor company or qualified provider4 7#e7 ,claim 7,a7 ,in general ,subject to paragraph 7#b77;,b71 a homeowner1 a certified contractor company1 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 home4 7,b7 ,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 project4 7#f7 ,multifamily buildings 7,a7 ,in general ,subject to subparagraph 7,b71 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 rebate1 subject to-- 7i7 the condition that the applicable qualified electrification projects benefit each dwelling unit with respect to which the rebate is claimed2 and 7ii7 any maximum per-dwelling unit rate established by the ,secretary4 7,b7 ,costs 7i7 ,in general ,subject to clause 7ii71 the amount of a rebate under subparagraph 7,a7 shall not exceed #ej percent of the total cost1 including labor costs1 of the applicable qualified electrification projects4 7ii7 ,low- or moderate-income buildings ,in the case of a multifamily building that is certified by the ,secretary as low- or moderate-income1 the amount of a rebate under subparagraph 7,a7 shall not exceed #ajj percent of the total cost of the applicable qualified electrification projects4 7,c7 ,procedures ,the ,secretary shall establish and publish procedures-- 7i7 pursuant to which the owner of a multifamily building may combine rebate amounts in accordance with this subsection2 and 7ii7 for the enforcement of any limitations under this subsection4 7#g7 ,process 7,a7 ,rebate process ,not later than ,july #a1 #bjbb1 the ,secretary shall establish a rebate processing system that provides immediate price relief for consumers who purchase and have installed qualified electrification projects1 in accordance with this section4 7,b7 ,qualified electrification project list 7i7 ,in general ,not later than ,july #a1 #bjbb1 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 includes1 at a minimum1 the qualified electrification projects described in subsection 7d77#aa77;,a74 7ii7 ,requirements ,the list published under clause 7i7 shall include specifications for each qualified electrification project included on the list1 including-- 7,i7 appropriate certifications under the ,energy ,star program2 and 7,,ii7 other applicable requirements1 such as requirements relating to grid-interactive capability4 7iii7 ,updates 7,i7 ,in general ,not less frequently than once every #c years and subject to subclause 7,,ii71 the ,secretary shall publish an updated list of qualified electrification projects for which a high-efficiency electric home rebate may be provided under this subsection4 7,,ii7 ,limitation ,an updated list under subclause 7,i7 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 list4 7c7 ,special provisions for low- and moderate-income households and multifamily buildings 7#a7 ,maximum amounts ,with respect to a qualified electrification project carried out at a location described in paragraph 7#b7-- 7,a7 a high-efficiency electric home rebate shall be equal to-- 7i7 in the case of a qualified electrification project described in subsection 7b77#b77;,a77i71 not more than #a1gej2 7ii7 in the case of a qualified electrification project described in subsection 7b77#b77;,a77ii7-- 7,i7 7aa7 not more than #f1jjj if the applicable heat pump ,,hvac system has a heating capacity of not less than #bg1ejj ,btu per hour2 or 7bb7 not more than #g1jjj if the applicable heat pump ,,hvac system meets ,energy ,star program cold climate criteria and is installed in a cold climate1 as determined by the ,secretary2 and 7,,ii7 7aa7 not more than #c1jjj if the applicable heat pump ,,hvac system has a heating capacity of less than #bg1ejj ,btu per hour2 or 7bb7 not more than #c1ejj if the applicable heat pump ,,hvac system meets ,energy ,star program cold climate criteria and is installed in a cold climate1 as determined by the ,secretary2 7iii7 in the case of a qualified electrification project described in subsection 7b77#b77;,a77iii71 not more than #hdj2 7iv7 in the case of a qualified electrification project described in subsection 7b77#b77;,a77iv71 not more than #d1jjj2 7v7 in the case of a qualified electrification project described in subsection 7b77#b77;,a77v7 that installs insulation and air sealing1 not more than #a1fjj2 and 7vi7 in the case of a qualified electrification project described in subsection 7b77#b77;,a77vi71 not more than an amount determined by the ,secretary for that qualified electrification project1 subject to subparagraph 7,b72 7,b7 the maximum total amount of high-efficiency electric home rebates that may be awarded with respect to each home of a homeowner shall be #ad1jjj2 and 7,c7 the amount of a high-efficiency electric home rebate may be used to cover not more than #ajj percent of the costs1 including labor costs1 of the applicable qualified electrification project4 7#b7 ,location described ,the maximum amounts described in paragraph 7#a7 shall apply to-- 7,a7 a home-- 7i7 with respect to which the household of the homeowner is certified as low- or moderate-income2 7ii7 that is located in a ,tribal community2 or 7iii7 in the case of a home that is rented1 with respect to which the household of the renter is certified as low- or moderate-income2 or 7,b7 a multifamily building-- 7i7 that-- 7,i7 is certified as low- or moderate-income2 or 7,,ii7 is located in a ,tribal community2 and 7ii7 with respect to which more than more than of the dwelling units in the multifamily building-- 7,i7 are occupied by households the annual household incomes of which do not exceed #hj percent of the median annual household income for the area in which the multifamily building is located2 and 7,,ii7 have average monthly rental prices that are equal to1 or less than1 an amount that is equal to #cj percent of the average monthly household income for the area in which the multifamily building is located4 7#c7 ,requirement ,the ,secretary may provide a rebate in an amount described in paragraph 7#a7 to the owner of a multifamily building or home 7in the case of a home that is rented7 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 home4 7d7 ,definitions ,in this section3 7#a7 ,certified contractor ,the term certified contractor means a contractor with a certification reflecting training1 education1 or other technical expertise relating to qualified electrification projects for residential buildings1 as identified by the ,secretary4 7#b7 ,certified contractor company ,the term certified contractor company means a company-- 7,a7 the business of which is to provide services-- 7i7 to residential building owners2 and 7ii7 for which a rebate may be provided pursuant to this section2 7,b7 that holds the licenses and insurance required by the ,state in which the company provides services2 and 7,c7 that employs #a or more certified contractors that perform the services for which a rebate may be provided under this section4 7#c7 ,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-- 7,a7 a ,,qep described in any of subclauses 7,,ii7 through 7,,iv7 of paragraph 7#i77;,a77i72 or 7,b7 a ,,qep described in any of subclauses 7,i7 through 7,,iii7 of paragraph 7#i77;,a77ii74 7#d7 ,energy star program ,the term ,energy ,star program means the program established by section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a74 7#e7 ,heat pump ,the term heat pump means a heat pump used for water heating1 space heating1 or space cooling that-- 7,a7 relies solely on electricity for its source of power2 and 7,b7 is air-sourced1 geothermal- or ground-sourced1 or water-sourced4 7#f7 ,high-efficiency electric home rebate ,the term high-efficiency electric home rebate means a rebate provided in accordance with subsection 7b74 7#g7 ,home ,the term home means each of-- 7,a7 a building with not more than #d dwelling units1 individual condominium units1 or manufactured housing units1 that-- 7i7 is located in a ,state2 and 7ii7 7,i7 is the primary residence of-- 7aa7 the owner of that building1 condominium unit1 or manufactured housing unit1 as applicable2 or 7bb7 a renter2 or 7,,ii7 is a new-construction single-family residential home2 and 7,b7 a unit of a multifamily building that-- 7i7 is owned by an individual who is not the owner of the multifamily building2 7ii7 is located in a ,state2 and 7iii7 is the primary residence of-- 7,i7 the owner of that unit2 or 7,,ii7 a renter4 7#h7 ,,hvac ,the term ,,hvac means heating1 ventilation1 and air conditioning4 7#i7 ,low- or moderate-income ,the term low- or moderate-income1 with respect to a household1 means a household-- 7,a7 with an annual income that is less than #hj percent of the annual median income of the area in which the household is located1 which such annual median income of the area is determined according to publicly available data2 or 7,b7 that is low-income as determined by the ,secretary4 7#aj7 ,multifamily building ,the term multifamily building means any building-- 7,a7 with #e or more dwelling units that-- 7i7 are built on top of one another or side-by-side2 7ii7 may share common facilities2 and 7,b7 that is not a home2 and 7,c7 that is not on a military base4 7#aa7 ,qualified electrification project2 ,,qep 7,a7 ,in general ,the terms qualified electrification project and ,,qep mean a project that1 as applicable-- 7i7 installs1 or enables the installation and use of1 in a home or multifamily building-- 7,i7 an electric load or service center upgrade2 7,,ii7 an electric heat pump2 7,,iii7 an induction or noninduction electric stove1 cooktop1 range1 or oven2 7,,iv7 an electric heat pump clothes dryer2 or 7,v7 insulation1 air sealing1 and ventilation1 in accordance with requirements established by the ,secretary2 or 7ii7 installs1 or enables the installation and use of1 in a home or multifamily building described in subparagraph 7,b7-- 7,i7 a solar photovoltaic system1 including any electrical equipment1 wiring1 or other components necessary for the installation and use of the solar photovoltaic system1 including a battery storage system2 7,,ii7 electric vehicle charging infrastructure or electric vehicle support equipment necessary to recharge an electric vehicle on-site2 or 7,,iii7 electrical rewiring1 power sharing plugs1 or other installation tasks directly related to and necessary for the safe and effective functioning of a ,,qep in a home or multifamily building4 7,b7 ,home or multifamily building described ,a home or multifamily building referred to in subparagraph 7,a77ii7 is a home or multifamily building that is certified1 or the household of the homeowner of which is certified1 as applicable1 as low- or moderate-income4 7,c7 ,exclusions ,the terms qualified electrification project and ,,qep do not include any project with respect to which the appliance1 system1 equipment1 infrastructure1 component1 or other item described in clause 7i7 or 7ii7 of subparagraph 7,a7 is not certified under the ,energy ,star program if1 as of the date on which the project is carried out1 the item is of a category for which a certification is provided under that program4 7#ab7 ,qualified provider ,the term qualified provider means an electric utility1 ,tribal-owned entity or ,tribally ,designated ,housing ,entity 7,,tdhe71 or commercial1 nonprofit1 or government entity1 including a retailer and a certified contractor company1 that provides services for which a rebate may be provided pursuant to this section for #a or more portfolios that consist of #a or more qualified electrification projects4 7#ac7 ,solar photovoltaic system ,the term solar photovoltaic system means a system-- 7,a7 placed on-site at a home or multifamily building1 or as part of the community of the home or multifamily building2 and 7,b7 that generates electricity from the sun specifically for the home1 multifamily building1 or community4 7#ad7 ,state ,the term ,state means a ,state1 the ,district of ,columbia1 or any territory or possession of the ,united ,states4 7#ae7 ,tribal community ,the term ,tribal community means a ,tribal tract or ,tribal block group4 7#af7 ,underserved community ,the term underserved community means a community located in a census tract that is identified by the ,secretary as-- 7,a7 a low- or moderate-income community2 or 7,b7 a community of racial or ethnic minority concentration4 4 7b7 ,conforming amendments 7#a7 ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid7 is amended by striking the item relating to section #abd and inserting the following3 ,sec4 #abd4 ,high-,efficiency ,electric ,home ,rebate ,program4 4 7#b7 ,section #cbja7;c77#b77;,a77i7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb7;c77#b77;,a77i77 is amended by striking 7a7 each place it appears4 #b ,building ,efficiency and ,resilience #cjdba4 ,critical facility modernization 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available through ,september #cj1 #bjca1 to provide financial assistance to ,states to develop and implement ,state programs described in subsection 7d77#e7 of section #cfb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb71 as part of an approved ,state energy conservation plan under that section1 to be distributed to ,states in accordance with the formula for the ,state ,energy ,program established in part #dbj of title #aj1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjba71 to carry out projects to improve the energy resilience of public or nonprofit buildings1 including projects to increase the energy efficiency and grid integration of public or nonprofit buildings or the renewable energy used at public or nonprofit buildings4 7b7 ,use of funds 7#a7 ,guidelines ,not later than #ahj days after the date of enactment of this ,act1 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 section4 7#b7 ,administrative expenses ,a ,state receiving financial assistance under this section shall use not more than #aj percent for administrative purposes4 7#c7 ,no matching funds requirement ,the ,secretary may not require a ,state receiving financial assistance under this section to provide matching funds4 7#d7 ,exemption ,activities carried out using funds appropriated under subsection 7a7 shall not be subject to the expenditure prohibitions and limitations of the ,state ,energy ,program under section #dbj4ah of title #aj1 ,code of ,federal ,regulations4 7c7 ,definitions ,in this section3 7#a7 ,energy resilience ,the term energy resilience means the ability to withstand and quickly recover from an energy supply disruption4 7#b7 ,public or nonprofit building ,the term public or nonprofit building means a public or nonprofit building described in section #cfb7;d77#e77;,b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77#e77;,b774 7#c7 ,state ,the term ,state has the meaning given the term in section #c of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbjb74 #cjdbb4 ,assistance for latest and zero building energy code adoption 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out activities under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba through #fcbf7 in accordance with subsection 7b72 and 7#b7 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out activities under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba through #fcbf7 in accordance with subsection 7c74 7b7 ,latest building energy code ,the ,secretary of ,energy shall use funds made available under subsection 7a77#a7 for grants to assist ,states1 and units of local government that have authority to adopt building codes1 to-- 7#a7 adopt-- 7,a7 a building energy code 7or codes7 for residential buildings that meets or exceeds the #bjba ,international ,energy ,conservation ,code1 or achieves equivalent or greater energy savings2 7,b7 a building energy code 7or codes7 for commercial buildings that meets or exceeds the ,,ansi_/,,ashrae_/,,ies ,standard #ij4a-bjai1 or achieves equivalent or greater energy savings2 or 7,c7 any combination of building energy codes described in subparagraph 7,a7 or 7,b72 and 7#b7 implement a plan for the jurisdiction to achieve full compliance with any building energy code adopted under paragraph 7#a7 in new and renovated residential or commercial buildings1 as applicable1 which plan shall include active training and enforcement programs and measurement of the rate of compliance each year4 7c7 ,zero energy code ,the ,secretary of ,energy shall use funds made available under subsection 7a77#b7 for grants to assist ,states1 and units of local government that have authority to adopt building codes1 to-- 7#a7 adopt a building energy code 7or codes7 for residential and commercial buildings that meets or exceeds the zero energy provisions in the #bjba ,international ,energy ,conservation ,code or an equivalent stretch code2 and 7#b7 implement a plan for the jurisdiction to achieve full compliance with any building energy code adopted under paragraph 7#a7 in new and renovated residential and commercial buildings1 which plan shall include active training and enforcement programs and measurement of the rate of compliance each year4 7d7 ,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 ,act1 #aihe 7#db ,u4,s4,c4 #fcbc;a2 #ih ,stat4 #ahfa7 shall not apply to assistance provided under this section4 7e7 ,state defined ,in this section1 the term ,state has the meaning given that term in section #c of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbjb74 7f7 ,administrative costs ,of the amounts made available under this section1 the ,secretary shall reserve #e percent for administrative costs necessary to carry out this section4 #c ,zero-emissions vehicle infrastructure #cjdca4 ,zero-emissions vehicle infrastructure grants 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available through ,september #cj1 #bjbh1 to be distributed to ,states in accordance with the formula for the ,state ,energy ,program established in part #dbj of title #aj1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjba7-- 7#a7 #fjj1jjj1jjj to carry out a program to provide financial assistance to ,states to develop and implement ,state programs described in subsection 7d77#e7 of section #cfb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb71 as part of an approved ,state energy conservation plan under that section1 to carry out projects to build out publicly accessible level #b electric vehicle supply equipment in rural communities or underserved or disadvantaged communities2 7#b7 #bjj1jjj1jjj to carry out a program to provide financial assistance to ,states to develop and implement ,state programs described in subsection 7d77#e7 of section #cfb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb71 as part of an approved ,state energy conservation plan under that section1 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 communities2 and 7#c7 #bjj1jjj1jjj to carry out a program to provide financial assistance to ,states to develop and implement ,state programs described in subsection 7d77#e7 of section #cfb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb71 as part of an approved ,state energy conservation plan under that section1 to carry out projects to build out hydrogen fueling stations in rural communities or underserved or disadvantaged communities4 7b7 ,requirements 7#a7 ,measures ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish requirements for measures to be included in any program with respect to which a ,state receives financial assistance under this section4 7#b7 ,administrative expenses ,a ,state receiving financial assistance under this section shall use not more than #e percent for administrative purposes4 7#c7 ,no matching funds requirement ,the ,secretary may not require a ,state receiving financial assistance under this section to provide matching funds4 7#d7 ,eligible entities ,financial assistance provided by a ,state using funds made available under this section shall only be available to eligible entities4 7#e7 ,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 7a74 7#f7 ,use of private property ,a ,state or eligible entity may enter into an agreement for the use of publicly accessible private property4 7#g7 ,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 7#e7 or pursuant to an agreement entered into under paragraph 7#f71 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 stations4 7#h7 ,reallocation of funds ,a ,state shall return to the ,secretary any funds received under subsection 7a7 that the ,state does not award within #c years of receiving such funds1 and the ,secretary shall reallocate such funds to other ,states4 7c7 ,definitions ,in this section3 7#a7 ,electric vehicle supply equipment ,the term electric vehicle supply equipment means any conductors1 including ungrounded1 grounded1 and equipment grounding conductors1 electric vehicle connectors1 attachment plugs1 and all other fittings1 devices1 power outlets1 electrical equipment1 stationary energy storage systems1 off-grid charging installations1 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 vehicle4 7#b7 ,eligible entity ,the term eligible entity means a local1 ,tribal1 or territorial government1 a not-for-profit entity1 a nonprofit entity1 a metropolitan planning organization1 or an entity with fewer than #ej employees1 as determined by the ,secretary4 7#c7 ,level #b electric vehicle supply equipment ,the term level #b electric vehicle supply equipment means electric vehicle supply equipment that provides an alternating current power source at a minimum of #bjh volts4 7#d7 ,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 #ej kilowatts and is enabled to connect to a network to facilitate at least data collection and access4 7#e7 ,private third-party entity ,the term private third-party entity means a non-governmental entity1 including a private business1 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 stations4 7#f7 ,publicly accessible ,the term publicly accessible means available to members of the public1 including within or around-- 7,a7 multiunit housing structures2 7,b7 workplaces2 7,c7 commercial locations that are accessible for a minimum of #ab hours per day at least #e days a week1 and capable of being monitored remotely2 or 7,d7 other locations that are accessible for a minimum of #ab hours per day at least #e days a week1 and capable of being monitored remotely4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#h7 ,underserved or disadvantaged community ,the term underserved or disadvantaged community means a community or geographic area that is identified by the ,secretary as-- 7,a7 a low-income community2 7,b7 a ,tribal community2 7,c7 having a disproportionately low number of electric vehicle charging stations per capita1 compared to similar areas2 or 7,d7 disproportionately vulnerable to1 or bearing a disproportionate burden of1 any combination of economic1 social1 environmental1 or climate stressors4 #d ,,doe ,loan and ,grant ,programs #cjdda4 ,funding for ,department of ,energy ,loan ,programs ,office 7a7 ,commitment authority ,in addition to commitment authority otherwise available and previously provided1 the ,secretary of ,energy may make commitments to guarantee loans for eligible projects under section #agjc of the ,energy ,policy ,act of #bjje up to a total principal amount of #dj1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf3 ,provided1 ,that for amounts collected pursuant to section #agjb7;b77#b7 of the ,energy ,policy ,act of #bjje1 the source of such payment received from borrowers may not be a loan or other debt obligation that is guaranteed by the ,federal ,government3 ,provided further1 ,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 section3 ,provided further1 ,that none of such loan guarantee authority made available by this section shall be available for commitments to guarantee loans for any projects where funds1 personnel1 or property 7tangible or intangible7 of any ,federal agency1 instrumentality1 personnel1 or affiliated entity are expected to be used 7directly or indirectly7 through acquisitions1 contracts1 demonstrations1 exchanges1 grants1 incentives1 leases1 procurements1 sales1 other transaction authority1 or other arrangements1 to support the project or to obtain goods or services from the project3 ,provided further1 ,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-- 7#a7 projects as a result of such projects benefitting from otherwise allowable ,federal tax benefits2 7#b7 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-- 7,a7 paid exclusively in cash2 7,b7 deposited in the ,treasury as offsetting receipts2 and 7,c7 equal to the fair market value2 7#c7 projects as a result of such projects benefitting from the ,federal insurance program under section #agj of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbaj72 or 7#d7 electric generation projects using transmission facilities owned or operated by a ,federal ,power ,marketing ,administration or the ,tennessee ,valley ,authority that have been authorized1 approved1 and financed independent of the project receiving the guarantee4 7b7 ,appropriation ,in addition to amounts otherwise available and previously provided1 there is appropriated to the ,secretary of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1fjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the costs of guarantees made under section #agjc of the ,energy ,policy ,act of #bjje1 using the loan guarantee authority provided under subsection 7a7 of this section4 7c7 ,administrative expenses ,of the amount made available under subsection 7b71 the ,secretary of ,energy shall reserve #c percent for administrative expenses to carry out title ,,xvii of the ,energy ,policy ,act of #bjje and for carrying out section #agjb7;h77#c7 of such ,act4 #cjddb4 ,advanced technology vehicle manufacturing 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for the costs of-- 7#a7 providing direct loans under section #acf7;d7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;d772 and 7#b7 providing direct loans1 in accordance with section #acf of such ,act1 for reequipping1 expanding1 or establishing a manufacturing facility in the ,united ,states to produce1 or for engineering integration performed in the ,united ,states of-- 7,a7 a medium duty vehicle or a heavy duty vehicle2 or 7,b7 any of the following that emit1 under any possible operational mode or condition1 zero exhaust emissions of any greenhouse gas3 7i7 ,a train or locomotive4 7ii7 ,a maritime vessel4 7iii7 ,an aircraft4 7iv7 ,hyperloop technology4 7b7 ,administrative costs ,the ,secretary shall reserve #be1jjj1jjj of amounts made available under subsection 7a7 for administrative costs of providing loans as described in subsection 7a74 7c7 ,elimination of loan program cap ,section #acf7;d77#a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;d77#a77 is amended by striking a total of not more than #be1jjj1jjj1jjj in4 #cjddc4 ,domestic ,manufacturing ,conversion ,grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1ejj1jjj1jjj1 to remain available until expended1 for grants relating to domestic production of plug-in electric hybrid1 plug-in electric drive1 and hydrogen fuel cell electric vehicles1 in accordance with section #gab of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfb74 7b7 ,administrative costs ,the ,secretary shall reserve #c percent of amounts made available under subsection 7a7 for administrative costs of making grants described in such subsection 7a7 pursuant to section #gab of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfb74 #cjddd4 ,energy community reinvestment financing ,title ,,xvii of the ,energy ,policy ,act of #bjje is amended by inserting after section #agje 7#db ,u4,s4,c4 #afeaf7 the following3 #agjf4 ,energy community reinvestment financing program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the cost of providing financial support under this section1 the gross principal amount of which shall not exceed #bej1jjj1jjj1jjj4 7b7 ,establishment ,notwithstanding section #agjb7;f7 and section #agjc1 and not later than #ahj days after the date of enactment of this section1 the ,secretary shall establish a program to provide financial support1 in such form and on such terms and conditions as the ,secretary determines appropriate1 to eligible entities for the purpose of making or enabling low-carbon reinvestments in energy communities1 which such reinvestments may include-- 7#a7 supporting workers who are or have been engaged in providing1 or have been affected by the provision of1 energy-intensive goods or services by helping such workers find employment opportunities1 including by providing training and education2 7#b7 redeveloping a community that is or was engaged in providing1 or has been affected by the provision of1 energy-intensive goods or services2 7#c7 accelerating remediation of environmental damage caused by the provision of energy-intensive goods or services2 and 7#d7 mitigating the effects on customers of any significant reduction in the carbon intensity of goods or services provided by the eligible entity1 including by the cost-effective abatement of greenhouse gas emissions from continuing operations and the repowering1 retooling1 repurposing1 redeveloping1 or remediating of any long-lived assets1 lands1 or infrastructure currently or previously used by the eligible entity primarily to support the provision of energy-intensive goods or services4 7c7 ,application requirement ,to apply for financial support provided under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 which such application shall include-- 7#a7 a detailed plan describing the activities to be carried out in accordance with subsection 7b71 including activities for the measurement1 monitoring1 and verification of emissions of greenhouse gases2 and 7#b7 if the eligible entity is a utility subject to regulation by a ,state commission or other ,state regulatory authority1 assurances1 as determined appropriate by the ,secretary1 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 communities4 7d7 ,other requirements 7#a7 ,fees ,notwithstanding section #agjb7;h77#a71 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 7including any costs associated with third party consultants engaged by the ,secretary74 7#b7 ,specific ,appropriation or ,contribution ,any cost for any financial support provided under this section shall be paid in accordance with subsection 7b7 of section #agjb 7for purposes of which any reference in such subsection to a guarantee shall be considered to be a reference to financial support74 7e7 ,definitions ,in this section3 7#a7 ,cost ,notwithstanding section #agja1 the term cost has the meaning given such term in section #ejb of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a74 7#b7 ,eligible entity ,the term eligible entity means any entity that is directly affiliated with the provision of energy-intensive goods or services4 7#c7 ,energy community ,the term energy community means a community whose members are or were engaged in providing1 or have been affected by the provision of1 energy-intensive goods and services4 7#d7 ,financial support ,the term financial support means any credit product or support the ,secretary determines appropriate to implement this section1 including-- 7,a7 a line of credit2 and 7,b7 a guarantee1 including of a letter of credit for the purposes of subsection 7b77#c74 4 #cjdde4 ,tribal ,energy ,loan ,guarantee ,program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 to carry out section #bfjb7;c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;c774 7b7 ,inclusions in title ,,xvii definition of guarantee ,section #agja7d77;,b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa7d77;,b77 is amended by striking the period at the end and inserting and1 for purposes of minimizing financing costs1 includes a guarantee by the ,secretary of #ajj percent of the unpaid principal and interest due on any obligation to the ,federal ,financing ,bank44 7c7 ,department of ,energy ,tribal ,energy ,loan ,guarantee ,program ,section #bfjb7;c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking 7as defined in section #ejb of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a77 for an amount equal to not more than #ij percent of and inserting 7as defined in section #agja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa77 for2 and 7#b7 in paragraph 7#d71 by striking #b1jjj1jjj1jjj and inserting #bj1jjj1jjj1jjj4 #e ,electric transmission #cjdea4 ,transmission line and intertie incentives 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjcj1 #a1ejj1jjj1jjj for purposes of providing grants under subsection 7b7 and for administrative expenses associated with carrying out this section1 and #ejj1jjj1jjj for the costs of providing direct loans under subsection 7b73 ,provided1 ,that the ,secretary shall not enter into any loan agreement pursuant to this section that could result in disbursements after ,september #cj1 #bjca1 or any grant agreement pursuant to this section that could result in any outlays after ,september #cj1 #bjca3 ,provided further1 ,that none of such loan authority made available by this section shall be available for loans for any projects where funds1 personnel1 or property 7tangible or intangible7 of any ,federal agency1 instrumentality1 personnel1 or affiliated entity are expected to be used 7directly or indirectly7 through acquisitions1 contracts1 demonstrations1 exchanges1 grants1 incentives1 leases1 procurements1 sales1 other transaction authority1 or other arrangements to support the project or to obtain goods or services from the project3 ,provided further1 ,that the previous proviso shall not be interpreted as precluding the use of the loan authority provided by this section for commitments to loans for3 7#a7 projects benefitting from otherwise allowable ,federal tax benefits2 7#b7 projects benefitting from being located on ,federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is3 7,a7 paid exclusively in cash2 7,b7 deposited in the ,treasury as offsetting receipts2 and 7,c7 equal to the fair market value2 7#c7 projects benefitting from the ,federal insurance program under section #agj of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbaj72 or 7#d7 electric generation projects using transmission facilities owned or operated by a ,federal ,power ,marketing ,administration or the ,tennessee ,valley ,authority that have been authorized1 approved1 and financed independent of the project receiving the guarantee3 ,provided further1 ,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 section4 7b7 ,in general ,except as provided in subsection 7c71 the ,secretary of ,energy may provide grants and direct loans to eligible entities to construct new1 or make upgrades to existing1 eligible transmission lines or eligible interties1 including the related facilities thereof1 if the ,secretary of ,energy determines that such construction or upgrade would support-- 7#a7 a more robust and resilient electric grid2 and 7#b7 the integration of electricity from a clean energy facility into the electric grid4 7c7 ,other requirements 7#a7 ,interest rates ,the ,secretary of ,energy shall determine the rate of interest to charge on direct loans provided under subsection 7b7 by taking into consideration market yields on outstanding marketable obligations of the ,united ,states of comparable maturities as of the date the loan is disbursed4 7#b7 ,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 new1 or for making upgrades to existing1 eligible transmission lines or eligible interties1 including the related facilities thereof1 that are approved for recovery through a ,transmission ,organization1 regional planning authority1 governing or ratemaking body of an electric cooperative1 ,state commission1 or another similar body4 7#c7 ,no duplicate assistance ,no eligible entity may receive both a grant and a direct loan for the same construction of1 or upgrade to1 an eligible transmission line or eligible intertie under this section4 7d7 ,definitions ,in this section3 7#a7 ,clean energy facility ,the term clean energy facility means any electric generating unit that does not emit carbon dioxide4 7#b7 ,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 interest4 ,the term includes the purchase of1 or participation in1 a loan made by another lender and financing arrangements that defer payment for more than #ij days1 including the sale of a government asset on credit terms4 7#c7 ,eligible entity ,the term eligible entity means a non-,federal entity4 7#d7 ,eligible intertie ,the term eligible intertie means-- 7,a7 any interties across the seam between the ,western ,interconnection and the ,eastern ,interconnection2 7,b7 the ,pacific ,northwest-,pacific ,southwest ,intertie2 7,c7 any interties between the ,electric ,reliability ,council of ,texas and the ,western ,interconnection or the ,eastern ,interconnection2 or 7,d7 such other interties that the ,secretary determines contribute to-- 7i7 a more robust and resilient electric grid2 and 7ii7 the integration of electricity from a clean energy facility into the electric grid4 7#e7 ,eligible transmission line ,the term eligible transmission line means an electric power transmission line that-- 7,a7 in the case of new construction under subsection 7b71 has a transmitting capacity of not less than #a1jjj megawatts2 7,b7 in the case of an upgrade made under subsection 7b71 the upgrade to which will increase its transmitting capacity by not less than #ejj megawatts2 and 7,c7 is capable of transmitting electricity-- 7i7 across any eligible intertie2 7ii7 from an offshore wind generating facility2 or 7iii7 along a route1 or in a corridor1 determined by the ,secretary of ,energy to be necessary to meet interregional or national electricity transmission needs4 7#f7 ,state commission2 ,transmission ,organization ,the terms ,state commission and ,transmission ,organization have the meanings given such terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #cjdeb4 ,grants to facilitate the siting of interstate electricity transmission lines 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #hjj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for making grants in accordance with this section and for administrative expenses associated with carrying out this section4 7b7 ,use of funds 7#a7 ,in general ,the ,secretary may make a grant under this section to a siting authority for1 with respect to a covered transmission project1 any of the following activities3 7,a7 ,studies and analyses of the impacts of the covered transmission project4 7,b7 ,examination of up to #c alternate siting corridors within which the covered transmission project feasibly could be sited4 7,c7 ,hosting and facilitation of negotiations in settlement meetings involving the siting authority1 the covered transmission project applicant1 and opponents of the covered transmission project1 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 project4 7,d7 ,participation by the siting authority in regulatory proceedings or negotiations in another jurisdiction1 or under the auspices of a ,transmission ,organization 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 that is also considering the siting or permitting of the covered transmission project4 7,e7 ,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 project4 7,f7 ,other measures and actions that may improve the chances of1 and shorten the time required for1 approval by the siting authority of the application relating to the siting or permitting of the covered transmission project1 as the ,secretary determines appropriate4 7#b7 ,economic development ,the ,secretary may make a grant under this section to a siting authority1 or other ,state1 local1 or ,tribal governmental entity1 for economic development activities for communities that may be affected by the construction and operation of a covered transmission project1 provided that the ,secretary shall not enter into any grant agreement pursuant to this section that could result in any outlays after ,september #cj1 #bjca4 7c7 ,conditions 7#a7 ,final decision on application ,in order to receive a grant for an activity described in subsection 7b77#a71 the ,secretary shall require a siting authority to agree1 in writing1 to reach a final decision on the application relating to the siting or permitting of the applicable covered transmission project not later than #b years after the date on which such grant is provided1 unless the ,secretary authorizes an extension for good cause4 7#b7 ,federal share ,the ,federal share of the cost of an activity described in subparagraph 7,d7 or 7,e7 of subsection 7b77#a7 shall not exceed #ej percent4 7#c7 ,economic development ,the ,secretary may only disburse grant funds for economic development activities under subsection 7b77#b7-- 7,a7 to a siting authority upon approval by the siting authority of the applicable covered transmission project2 and 7,b7 to any other ,state1 local1 or ,tribal governmental entity upon commencement of construction of the applicable covered transmission project in the area under the jurisdiction of the entity4 7d7 ,returning funds ,if a siting authority that receives a grant for an activity described in subsection 7b77#a7 fails to use all grant funds within #b years of receipt1 the siting authority shall return to the ,secretary any such unused funds4 7e7 ,definitions ,in this section3 7#a7 ,covered transmission project ,the term covered transmission project means a high-voltage interstate or offshore electricity transmission line-- 7,a7 that is proposed to be constructed and to operate at a minimum of #bge kilovolts of either alternating-current or direct-current electric energy by an entity2 and 7,b7 for which such entity has applied1 or informed a siting authority of such entity's intent to apply1 for regulatory approval4 7#b7 ,siting authority ,the term siting authority means a ,state1 local1 or ,tribal governmental entity with authority to make a final determination regarding the siting1 permitting1 or regulatory status of a covered transmission project that is proposed to be located in an area under the jurisdiction of the entity4 7#c7 ,state ,the term ,state means a ,state1 the ,district of ,columbia1 or any territory or possession of the ,united ,states4 #cjdec4 ,organized wholesale electricity market technical assistance grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dj1jjj1jjj1 to remain available until fiscal year #bjca1 for purposes of carrying out a program to provide-- 7#a7 technical assistance and grants to ,states to evaluate forming1 participating in1 expanding1 or improving organized wholesale electricity markets2 and 7#b7 grants to ,states to procure data or technology systems related to forming1 participating in1 expanding1 or improving organized wholesale electricity markets4 7b7 ,applications ,to apply for technical assistance or a grant provided under this section1 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,definitions ,in this section3 7#a7 ,independent ,system ,operator2 ,regional ,transmission ,organization ,the terms ,independent ,system ,operator and ,regional ,transmission ,organization have the meanings given such terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#b7 ,organized wholesale electricity market ,the term organized wholesale electricity market means an ,independent ,system ,operator or a ,regional ,transmission ,organization4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,state ,the term ,state means a ,state or the ,district of ,columbia4 #cjded4 ,interregional and offshore wind electricity transmission planning1 modeling1 and analysis 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out this section4 7b7 ,use of funds ,the ,secretary of ,energy shall use amounts made available under subsection 7a7 to-- 7#a7 pay expenses associated with convening relevant stakeholders1 including ,states1 generation and transmission developers1 regional transmission organizations1 independent system operators1 environmental organizations1 electric utilities1 and other stakeholders the ,secretary determines appropriate1 to address the development of interregional electricity transmission and transmission of electricity that is generated by offshore wind2 and 7#b7 conduct planning1 modeling1 and analysis regarding interregional electricity transmission and transmission of electricity that is generated by offshore wind1 taking into account the local1 regional1 and national economic1 reliability1 resilience1 security1 public policy1 and environmental benefits of interregional electricity transmission and transmission of electricity that is generated by offshore wind1 including planning1 modeling1 and analysis1 as the ,secretary determines appropriate1 pertaining to-- 7,a7 clean energy integration into the electric grid1 including the identification of renewable energy zones2 7,b7 the effects of changes in weather due to climate change on the reliability and resilience of the electric grid2 7,c7 cost allocation methodologies that facilitate the expansion of the bulk power system2 7,d7 the benefits of coordination between generator interconnection processes and transmission planning processes2 7,e7 the effect of increased electrification on the electric grid2 7,f7 power flow modeling2 7,g7 the benefits of increased interconnections or interties between or among the ,western ,interconnection1 the ,eastern ,interconnection1 the ,electric ,reliability ,council of ,texas1 and other interconnections1 as applicable2 7,h7 the cooptimization of transmission and generation1 including variable energy resources1 energy storage1 and demand-side management2 7,i7 the opportunities for use of nontransmission alternatives1 energy storage1 and grid-enhancing technologies2 7,j7 economic development opportunities for communities arising from development of interregional electricity transmission and transmission of electricity that is generated by offshore wind2 7,k7 evaluation of existing rights-of-way and the need for additional transmission corridors2 and 7,l7 a planned national transmission grid1 which would include a networked transmission system to optimize the existing grid for interconnection of offshore wind farms4 #f ,environmental reviews #cjdfa4 ,department of ,energy ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #abe1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to provide for the development of more efficient1 accurate1 and timely reviews for planning1 permitting1 and approval processes through the hiring and training of personnel1 the development of programmatic documents1 the procurement of technical or scientific services for reviews1 the development of data or information systems1 stakeholder and community engagement1 the purchase of new equipment for analysis1 and the development of geographic information systems and other analysis tools1 techniques1 and guidance to improve agency transparency1 accountability1 and public engagement4 #cjdfb4 ,federal ,energy ,regulatory ,commission 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,federal ,energy ,regulatory ,commission for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ge1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to provide for the development of more efficient1 accurate1 and timely reviews for planning1 permitting1 and approval processes through the hiring and training of personnel1 the development of programmatic documents1 the procurement of technical or scientific services for reviews1 the development of data or information systems1 stakeholder and community engagement1 the purchase of new equipment for analysis1 and the development of geographic information systems and other analysis tools1 techniques1 and guidance to improve agency transparency1 accountability1 and public engagement4 7b7 ,fees and charges ,section #cdja7;a7 of the ,omnibus ,budget ,reconciliation ,act of #aihf 7#db ,u4,s4,c4 #gagh7;a77 shall not apply to the costs incurred by the ,federal ,energy ,regulatory ,commission in carrying out this section4 #g ,industrial #cjdga4 ,advanced industrial facilities deployment program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out this section4 7b7 ,program ,the ,secretary shall use funds appropriated by subsection 7a7 to establish a program to provide financial assistance1 on a competitive basis1 to eligible entities to carry out projects for-- 7#a7 the purchase and installation1 or implementation1 of advanced industrial technology at an eligible facility2 7#b7 retrofits1 upgrades to1 or operational improvements at an eligible facility to install or implement advanced industrial technology2 or 7#c7 engineering studies and other work needed to prepare an eligible facility for activities described in paragraph 7#a7 or 7#b74 7c7 ,application ,to be eligible to receive financial assistance under the program established under subsection 7b71 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including the expected greenhouse gas emissions reductions to be achieved by carrying out the project4 7d7 ,priority ,in providing financial assistance under the program established under subsection 7b71 the ,secretary shall give priority consideration to projects on the basis of1 as determined by the ,secretary-- 7#a7 the expected greenhouse gas emissions reductions to be achieved by carrying out the project2 7#b7 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 located2 and 7#c7 whether the eligible entity participates or would participate in a partnership with purchasers of the output of the eligible facility4 7e7 ,cost share ,the ,secretary may require an eligible entity to provide not more than #ej percent of the cost of a project carried out pursuant to this section4 7f7 ,administrative costs ,the ,secretary shall reserve #bjj1jjj1jjj of amounts made available under subsection 7a7 for administrative costs of carrying out this section4 7g7 ,definitions 7#a7 ,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 facility1 as determined by the ,secretary1 including-- 7,a7 industrial energy efficiency technologies2 7,b7 equipment to electrify industrial processes2 7,c7 equipment to utilize low- or zero-carbon fuels1 feedstocks1 and energy sources2 7,d7 low- or zero-carbon process heat systems2 and 7,e7 carbon capture1 transport1 utilization1 and storage systems4 7#b7 ,eligible entity ,the term eligible entity means the owner or operator of an eligible facility4 7#c7 ,eligible facility ,the term eligible facility means a domestic1 non-,federal1 nonpower industrial or manufacturing facility engaged in energy-intensive industrial processes1 including production processes for iron1 steel1 steel mill products1 aluminum1 cement1 concrete1 glass1 pulp1 paper1 and industrial ceramics4 7#d7 ,financial assistance ,the term financial assistance means a grant1 rebate1 or cooperative agreement4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #h ,other ,energy ,matters #cjdha4 ,oversight ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for oversight by the ,department of ,energy ,office of ,inspector ,general of the ,department of ,energy activities for which funding is appropriated in this subtitle4 #cjdhb4 ,energy ,information ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,energy ,information ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for data collection1 research1 and analysis activities4 ,e ,affordable ,health ,care ,coverage #cjfja4 ,ensuring affordability of coverage for certain low-income populations 7a7 ,reducing cost sharing under qualified health plans ,section #adjb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by inserting 7or1 with respect to plan years #bjbc1 #bjbd1 and #bjbe1 whose household income does not exceed #djj percent of the poverty line for a family of the size involved7 before the period2 and 7,b7 in the matter following paragraph 7#b71 by adding at the end the following new sentence3 ,in the case of an individual who is determined at any point to have a household income for #bjbb that does not exceed #ach percent of the poverty line for a family of the size involved1 such individual shall1 for each month during such year1 be treated as having a household income equal to #ajj percent for purposes of applying this section42 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a71 in the matter preceding clause 7i71 by inserting 1 with respect to eligible insureds 7other than1 with respect to plan years #bjbc1 #bjbd1 and #bjbe1 specified enrollees 7as defined in paragraph 7#f77;,c7771 after first be achieved2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting with respect to eligible insureds 7other than1 with respect to plan years #bjbc1 #bjbd1 and #bjbe1 specified enrollees7 after under the plan2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking this subsection and inserting paragraph 7#a7 or 7#b72 and 7ii7 in subparagraph 7,b71 by striking this section and inserting paragraphs 7#a7 and 7#b72 and 7,d7 by adding at the end the following new paragraph3 7#f7 ,special rule for specified enrollees 7,a7 ,in general ,the ,secretary shall establish procedures under which the issuer of a qualified health plan to which this section applies shall reduce cost-sharing under the plan with respect to months occurring during plan years #bjbc1 #bjbd1 and #bjbe for enrollees who are specified enrollees 7as defined in subparagraph 7,c77 in a manner sufficient to increase the plan's share of the total allowed costs of benefits provided under the plan to #ii percent of such costs4 7,b7 ,methods for reducing cost sharing 7i7 ,in general ,an issuer of a qualified health plan making reductions under this paragraph shall notify the ,secretary of such reductions and the ,secretary shall1 out of funds made available under clause 7ii71 make periodic and timely payments to the issuer equal to #ab percent of the total allowed costs of benefits provided under each such plan to specified enrollees during plan years #bjbc1 #bjbd1 and #bjbe4 7ii7 ,appropriation ,in addition to amounts otherwise available1 there are appropriated1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary to the ,secretary to make payments under clause 7i74 7,c7 ,specified enrollee defined ,for purposes of this section1 the term specified enrollee means1 with respect to a plan year1 an eligible insured who is determined at any point to have a household income for such plan year that does not exceed #ach percent of the poverty line for a family of the size involved4 ,such insured shall be deemed to be a specified enrollee for each month in such plan year4 4 7b7 ,open enrollments applicable to certain lower-income populations ,section #acaa7;c7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;c77 is amended-- 7#a7 in paragraph 7#f7-- 7,a7 in subparagraph 7,c71 by striking at the end and2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,e7 with respect to a qualified health plan with respect to which section #adjb applies1 for months occurring during the period beginning on ,january #a1 #bjbb1 and ending on ,december #ca1 #bjbe1 enrollment periods described in subparagraph 7,a7 of paragraph 7#h7 for individuals described in subparagraph 7,b7 of such paragraph4 2 and 7#b7 by adding at the end the following new paragraph3 7#h7 ,special enrollment period for certain low-income populations 7,a7 ,in general ,the enrollment period described in this paragraph is1 in the case of an individual described in subparagraph 7,b71 the continuous period beginning on the first day that such individual is so described4 7,b7 ,individual described ,for purposes of subparagraph 7,a71 an individual described in this subparagraph is an individual-- 7i7 with a household income that does not exceed #ach percent of the poverty line for a family of the size involved2 and 7ii7 who is not eligible for minimum essential coverage 7as defined in section #ejjj;,a7f7 of the ,internal ,revenue ,code of #aihf71 other than for coverage described in any of subparagraphs 7,b7 through 7,e7 of paragraph 7#a7 of such section4 4 7c7 ,additional benefits for certain low-income individuals for plan years #bjbd and #bjbe ,section #acja7;a7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjba7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c77iv71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,d7 provides1 with respect to a plan offered in the silver level of coverage to which section #adjb applies during plan year #bjbd and #bjbe1 for benefits described in paragraph 7#e7 in the case of an individual who has a household income that does not exceed #ach percent of the poverty line for a family of the size involved1 and who is eligible to receive cost-sharing reductions under section #adjb4 2 and 7#b7 by adding at the end the following new paragraph3 7#e7 ,additional benefits for certain low-income individuals for plan year #bjbd and #bjbe 7,a7 ,in general 7i7 ,benefits ,for purposes of paragraph 7#a77;,d71 the benefits described in this paragraph to be provided by a qualified health plan are benefits consisting of-- 7,i7 non-emergency medical transportation services 7as described in section #aijb7;a77#d7 of the ,social ,security ,act7 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 7or waiver of such plan7 under such title2 and 7,,ii7 services described in subsection 7a77#d77;,c7 of section #aije of such ,act for which ,federal payments would have been so available2 which are not otherwise provided under such plan as part of the essential health benefits package described in section #acjb7;a74 7ii7 ,condition on provision of benefits ,benefits described in this paragraph shall be provided-- 7,i7 without any restriction on the choice of a qualified provider from whom an individual may receive such benefits2 and 7,,ii7 without any imposition of cost sharing4 7,b7 ,payments for additional benefits 7i7 ,in general ,an issuer of a qualified health plan making payments for services described in subparagraph 7,a7 furnished to individuals described in paragraph 7#a77;,d7 during plan year #bjbd or #bjbe shall notify the ,secretary of such payments and the ,secretary shall1 out of funds made available under clause 7ii71 make periodic and timely payments to the issuer equal to payments for such services so furnished4 7ii7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary to the ,secretary to make payments under clause 7i74 4 7d7 ,education and outreach activities -- 7#a7 ,in general ,section #acba7;c7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjda7;c77 is amended by adding at the end the following new paragraph3 7#c7 ,outreach and educational activities 7,a7 ,in general ,in the case of an ,exchange established or operated by the ,secretary within a ,state pursuant to this subsection1 the ,secretary shall carry out outreach and educational activities for purposes of informing individuals described in section #aijb7;a77#aj77;,a77i77,,viii7 of the ,social ,security ,act who reside in ,states that have not expended amounts under a ,state plan 7or waiver of such plan7 under title ,,xix of such ,act for all such individuals about qualified health plans offered through the ,exchange1 including by informing such individuals of the availability of coverage under such plans and financial assistance for coverage under such plans4 ,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 7including hard-to-reach populations1 such as racial and sexual minorities1 limited ,english proficient populations1 individuals residing in areas where the unemployment rates exceeds the national average unemployment rate1 individuals in rural areas1 veterans1 and young adults74 7,b7 ,limitation on use of funds ,no funds appropriated under this paragraph shall be used for expenditures for promoting non-,,aca compliant health insurance coverage4 7,c7 ,non-aca compliant health insurance coverage ,for purposes of subparagraph 7,b73 7i7 ,the term non-,,aca compliant health insurance coverage means health insurance coverage1 or a group health plan1 that is not a qualified health plan4 7ii7 ,such term includes the following3 7,i7 ,an association health plan4 7,,ii7 ,short-term limited duration insurance4 7,d7 ,funding ,in addition to amounts otherwise available1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 to remain available until expended1 #aje1jjj1jjj for fiscal year #bjbb to carry out this paragraph1 of which-- 7i7 #ae1jjj1jjj shall be used to carry out this paragraph in fiscal year #bjbb2 and 7ii7 #cj1jjj1jjj shall be used to carry out this paragraph for each of fiscal years #bjbc through #bjbe4 4 7#b7 ,navigator program ,section #acaa7;i77#f7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;i77#f77 is amended-- 7,a7 by striking ,funding4--,grants under and inserting ,funding4-- 7,a7 ,state ,exchanges ,grants under 2 and 7,b7 by adding at the end the following new subparagraph3 7,b7 ,federal ,exchanges ,for purposes of carrying out this subsection1 with respect to an ,exchange established and operated by the ,secretary within a ,state pursuant to section #acba7;c71 the ,secretary shall obligate not less than #aj1jjj1jjj out of amounts collected through the user fees on participating health insurance issuers pursuant to section #aef4ej of title #de1 ,code of ,federal ,regulations 7or any successor regulations7 for fiscal year #bjbb1 and not less than #bj1jjj1jjj for each of fiscal years #bjbc1 #bjbd1 and #bjbe4 ,such amount so obligated for a fiscal year shall remain available until expended4 4 7e7 ,funding ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,health and ,human ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fe1jjj1jjj1 to remain available until expended1 for purposes of carrying out the provisions of1 and the amendments made by1 this section1 section #cjfjb1 and section #cjfjc4 #cjfjb4 ,establishing a health insurance affordability fund 7a7 ,in general ,subtitle ,d of title ,i of the ,patient ,protection and ,affordable ,care ,act is amended by inserting after section #acdc 7#db ,u4,s4,c4 #ahjfc7 the following new part3 #f ,improve ,health ,insurance ,affordability ,fund #acea4 ,establishment of program ,there is hereby established the ,improve ,health ,insurance ,affordability ,fund to be administered by the ,secretary of ,health and ,human ,services1 acting through the ,administrator of the ,centers for ,medicare ,medicaid ,services 7in this section referred to as the ,administrator71 to provide funding1 in accordance with this part1 to the #ej ,states and the ,district of ,columbia 7each referred to in this section as a ,state7 beginning on ,january #a1 #bjbc1 for the purposes described in section #aceb4 #aceb4 ,use of funds 7a7 ,in general ,a ,state shall use the funds allocated to the ,state under this part for one of the following purposes3 7#a7 ,to provide reinsurance payments to health insurance issuers with respect to individuals enrolled under individual health insurance coverage 7other than through a plan described in subsection 7b77 offered by such issuers4 7#b7 ,to provide assistance 7other than through payments described in paragraph 7#a77 to reduce out-of-pocket costs1 such as copayments1 coinsurance1 premiums1 and deductibles1 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 #acca4 7b7 ,exclusion of certain grandfathered plans1 transitional plans1 student health plans1 and excepted benefits ,for purposes of subsection 7a71 a plan described in this subsection is the following3 7#a7 ,a grandfathered health plan 7as defined in section #abea74 7#b7 ,a plan 7commonly referred to as a transitional plan7 continued under the letter issued by the ,centers for ,medicare ,medicaid ,services on ,november #ad1 #bjac1 to the ,state ,insurance ,commissioners outlining a transitional policy for coverage in the individual and small group markets to which section #abea does not apply1 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 #e1 #bjad1 ,february #bi1 #bjaf1 ,february #ac1 #bjag1 ,april #i1 #bjah1 ,march #be1 #bjai1 ,january #ca1 #bjbj1 and ,january #ai1 #bjba1 or under any subsequent extensions thereof4 7#c7 ,student health insurance coverage 7as defined in section #adg4ade of title #de1 ,code of ,federal ,regulations1 or any successor regulation74 7#d7 ,excepted benefits 7as defined in section #bgia7;c7 of the ,public ,health ,service ,act74 #acec4 ,state eligibility and approval2 ,default safeguard 7a7 ,encouraging ,state options for allocations 7#a7 ,in general ,subject to subsection 7b71 to be eligible for an allocation of funds under this part for a year 7beginning with #bjbc71 a ,state shall submit to the ,administrator an application at such time 7but1 in the case of allocations for #bjbc1 not later than #abj days after the date of the enactment of this part and1 in the case of allocations for a subsequent year1 not later than ,january #a of the previous year7 and in such form and manner as specified by the ,administrator containing-- 7,a7 a description of how the funds will be used2 and 7,b7 such other information as the ,administrator may require4 7#b7 ,automatic approval ,an application so submitted is approved 7as outlined in the terms of the plan7 unless the ,administrator notifies the ,state submitting the application1 not later than #ij days after the date of the submission of such application1 that the application has been denied for not being in compliance with any requirement of this part and of the reason for such denial4 7#c7 ,subsequent year application approval ,if an application of a ,state is approved for a purpose described in section #aceb for a year1 such application shall be treated as approved for such purpose for each of subsequent year through #bjbe4 7#d7 ,oversight authority and authority to revoke approval 7,a7 ,oversight ,the ,secretary may conduct periodic reviews of the use of funds provided to a ,state under this section1 with respect to a purpose described in section #aceb1 to ensure the ,state uses such funds for such purpose and otherwise complies with the requirements of this section4 7,b7 ,revocation of approval ,the approval of an application of a ,state1 with respect to a purpose described in section #aceb1 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 section4 7b7 ,default ,federal safeguard for #bjbc1 #bjbd1 and #bjbe for certain ,states 7#a7 ,in general ,for #bjbc1 #bjbd1 and #bjbe1 in the case of a ,state described in paragraph 7#e71 with respect to such year1 the ,state shall not be eligible to submit an application under subsection 7a71 and the ,administrator1 in consultation with the applicable ,state authority1 shall from the amount calculated under paragraph 7#c7 for such year1 carry out the purpose described in paragraph 7#b7 in such ,state for such year4 7#b7 ,specified use ,the amount described in paragraph 7#c71 with respect to a ,state described in paragraph 7#e7 for #bjbc1 #bjbd1 or #bjbe1 shall be used to carry out the purpose described in section #aceb7;a77#a7 in such ,state for such year1 as applicable1 by providing reinsurance payments to health insurance issuers with respect to attachment range claims 7as defined in section #aced7;b77#b71 using the dollar amounts specified in subparagraph 7,b7 of such section for such year7 in an amount equal to1 subject to paragraph 7#d71 the percentage 7specified for such year by the ,secretary under such subparagraph7 of the amount of such claims4 7#c7 ,amount described ,the amount described in this paragraph1 with respect to #bjbc1 #bjbd1 or #bjbe1 is the amount equal to the total sum of amounts that the ,secretary would otherwise estimate under section #aced7;b77#b77;,a77i7 for such year for each ,state described in paragraph 7#e7 for such year1 as applicable1 if each such ,state were not so described for such year4 7#d7 ,adjustment ,for purposes of this subsection1 the ,secretary may apply a percentage under paragraph 7#c7 with respect to a year that is less than the percentage otherwise specified in section #aced7;b77#b77;,b7 for such year1 if the cost of paying the total eligible attachment range claims for ,states described in paragraph 7#e7 for such year at such percentage otherwise specified would exceed the amount calculated under paragraph 7#c7 for such year4 7#e7 ,state described ,a ,state described in this paragraph1 with respect to years #bjbc1 #bjbd1 and #bjbe1 is a ,state that1 as of ,january #a of #bjbb1 #bjbc1 or #bjbd1 respectively1 was not expending amounts under the ,state plan 7or waiver of such plan7 for all individuals described in section #aijb7;a77#aj77;,a77i77,,viii7 during such year4 #aced4 ,allocations 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1jjj for #bjbc and each subsequent year through #bjbe to provide allocations for ,states under subsection 7b7 and payments under section #acec7;b74 7b7 ,allocations 7#a7 ,payment 7,a7 ,in general ,from amounts appropriated under subsection 7a7 for a year1 the ,secretary shall1 with respect to a ,state not described in section #acec7;b7 for such year and not later than the date specified under subparagraph 7,b7 for such year1 allocate for such ,state the amount determined for such ,state and year under paragraph 7#b74 7,b7 ,specified date ,for purposes of subparagraph 7,a71 the date specified in this subparagraph is-- 7i7 for #bjbc1 the date that is #ij days after the date of the enactment of this part2 and 7ii7 for #bjbd or #bjbe1 ,january #a of the previous year4 7,c7 ,notifications of allocation amounts ,for #bjbd and #bjbe1 the ,secretary shall notify each ,state of the amount determined for such ,state under paragraph 7#b7 for such year by not later than ,january #a of the previous year4 7#b7 ,allocation amount determinations 7,a7 ,in general ,for purposes of paragraph 7#a71 the amount determined under this paragraph for a year for a ,state described in paragraph 7#a77;,a7 for such year is the amount equal to-- 7i7 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 7#a7 of section #aceb7;a7 at the dollar amounts and percentage specified under subparagraph 7,b7 for such year2 minus 7ii7 the amount1 if any1 by which the ,secretary determines-- 7,i7 the estimated amount of premium tax credits under section #cf;,b of the ,internal ,revenue ,code of #aihf that would be attributable to individuals residing in such ,state for such year without application of this part2 exceeds 7,,ii7 the estimated amount of premium tax credits under section #cf;,b of the ,internal ,revenue ,code of #aihf that would be attributable to individuals residing in such ,state for such year if section #acec7;b7 applied for such year and applied with respect to such ,state for such year4 ,for purposes of the previous sentence and section #acec7;b77#c71 the term attachment range claims means1 with respect to an individual1 the claims for such individual that exceed a dollar amount specified by the ,secretary for a year1 but do not exceed a ceiling dollar amount specified by the ,secretary for such year1 under subparagraph 7,b74 7,b7 ,specifications ,for purposes of subparagraph 7,a7 and section #acec7;b77#c71 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 7a7 if such expenditures were used solely for the purpose described in paragraph 7#a7 of section #aceb7;a7 for attachment range claims at the dollar amounts and percentage so specified for such year4 7#c7 ,availability ,funds allocated to a ,state under this subsection for a year shall remain available through the end of the subsequent year4 4 7b7 ,basic ,health ,program funding adjustments ,section #acca of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjea7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following new paragraph3 7#c7 ,provision of information on qualified health plan premiums 7,a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 the program described in paragraph 7#a7 shall provide that a ,state may not establish a basic health program unless such ,state furnishes to the ,secretary1 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 #f for such year1 the adjusted premium amount 7as defined in subparagraph 7,b77 for each such plan and year4 7,b7 ,adjusted premium amount defined ,for purposes of subparagraph 7,a71 the term adjusted premium amount means1 with respect to a qualified health plan and a year1 the monthly premium for such plan and year that would have applied had such plan not received any payments described in subparagraph 7,a7 for such year4 2 and 7#b7 in subsection 7d77#c77;,a77ii71 by adding at the end the following new sentence3 ,in making such determination1 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 7as defined in subsection 7a77#c77;,b77 for qualified health plans offered in such ,state during such year44 7c7 ,implementation authority ,the ,secretary of ,health and ,human ,services may implement the provisions of1 and the amendments made by1 this section by subregulatory guidance or otherwise4 #cjfjc4 ,funding for the provision of health insurance consumer information ,section #bgic7;e7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ic7;e77 is amended by adding at the end the following new paragraph3 7#c7 ,funding for #bjbb through #bjbe ,in addition to amounts otherwise available1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj for #bjbb1 to remain available until expended1 of which #be1jjj1jjj shall be used for each of #bjbb through #bjbe to carry out this section4 4 #cjfjd4 ,requirements with respect to cost-sharing for insulin products 7a7 ,in general ,part ,d of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#aaa et seq47 is amended by adding at the end the following3 #bgii;,a-#aa4 ,requirements with respect to cost-sharing for certain insulin products 7a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 a group health plan or health insurance issuer offering group or individual health insurance coverage shall provide coverage of selected insulin products1 and with respect to such products1 shall not-- 7#a7 apply any deductible2 or 7#b7 impose any cost-sharing in excess of the lesser of1 per #cj-;day supply-- 7,a7 #ce2 or 7,b7 the amount equal to #be percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or coverage1 including price concessions received by or on behalf of third-party entities providing services to the plan or coverage1 such as pharmacy benefit management services4 7b7 ,definitions ,in this section3 7#a7 ,selected insulin products ,the term selected insulin products means at least one of each dosage form 7such as vial1 pump1 or inhaler dosage forms7 of each different type 7such as rapid-acting1 short-acting1 intermediate-acting1 long-acting1 ultra long-acting1 and premixed7 of insulin 7as defined below71 when available1 as selected by the group health plan or health insurance issuer4 7#b7 ,insulin defined ,the term insulin means insulin that is licensed under subsection 7a7 or 7k7 of section #cea and continues to be marketed under such section1 including any insulin product that has been deemed to be licensed under section #cea7;a7 pursuant to section #gjjb7;e77#d7 of the ,biologics ,price ,competition and ,innovation ,act of #bjji and continues to be marketed pursuant to such licensure4 7c7 ,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 provider1 or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection 7a7 for selected insulin products described in this section that are delivered by an out-of-network provider4 7d7 ,rule of construction ,subsection 7a7 shall not be construed to require coverage of1 or prevent a group health plan or health insurance coverage from imposing cost-sharing other than the levels specified in subsection 7a7 on1 insulin products that are not selected insulin products1 to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under ,federal and applicable ,state law4 7e7 ,application of cost-sharing towards deductibles and out-of-pocket maximums ,any cost-sharing payments made pursuant to subsection 7a77#b7 shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage4 4 7b7 ,no effect on other cost-sharing ,section #acjb7;d77#b7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjbb7;d77#b77 is amended by adding at the end the following new subparagraph3 7,d7 ,special rule relating to insulin coverage ,the exemption of coverage of selected insulin products 7as defined in section #bgii;,a-#aa7;b7 of the ,public ,health ,service ,act7 from the application of any deductible pursuant to section #bgii;,a-#aa7;a77#a7 of such ,act1 section #gbf7;a77#a7 of the ,employee ,retirement ,income ,security ,act of #aigd1 or section #ihbf7;a77#a7 of the ,internal ,revenue ,code of #aihf shall not be considered when determining the actuarial value of a qualified health plan under this subsection4 4 7c7 ,coverage of certain insulin products under catastrophic plans ,section #acjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjbb7;e77 is amended by adding at the end the following3 7#d7 ,coverage of certain insulin products 7,a7 ,in general ,notwithstanding paragraph 7#a77;,b77i71 a health plan described in paragraph 7#a7 shall provide coverage of selected insulin products1 in accordance with section #bgii;,a-#aa of the ,public ,health ,service ,act1 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 7c77#a7 for the plan year4 7,b7 ,terminology ,for purposes of subparagraph 7,a7-- 7i7 the term selected insulin products has the meaning given such term in section #bgii;,a-#aa7;b7 of the ,public ,health ,service ,act2 and 7ii7 the requirements of section #bgii;,a-#aa 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 7#a74 4 #cjfje4 ,cost-sharing reductions for individuals receiving unemployment compensation ,section #adjb7;f7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7;f77 is amended-- 7#a7 in the header1 by striking #bjba and inserting certain years2 7#b7 in the matter preceding paragraph 7#a71 by striking #bjba and inserting any of years #bjba through #bjbb2 and 7#c7 in paragraph 7#b71 by striking #acc percent and inserting #aej percent4 #cjfjf4 ,oversight of pharmacy benefit manager services 7a7 ,in general ,title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq471 as amended by section #cjfjd1 is further amended-- 7#a7 in part ,d 7#db ,u4,s4,c4 #cjj;gg-#aaa et seq471 by adding at the end the following new section3 #bgii;,a-#ab4 ,oversight of pharmacy benefit manager services 7a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 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 manufacturer1 distributor1 wholesaler1 subcontractor1 rebate aggregator1 or any associated third party that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer1 or an entity or subsidiary providing pharmacy benefits management services on behalf of a plan or issuer1 from making the reports described in subsection 7b74 7b7 ,reports 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 not less frequently than once every #f months1 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 7as defined in section #c7af77;,b7 of the ,employee ,retirement ,income ,security ,act of #aigd7 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 format4 ,each such report shall include1 with respect to the applicable group health plan or health insurance coverage-- 7,a7 as applicable1 information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid1 or copayment cards applied1 that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan or coverage2 7,b7 a list of each drug covered by such plan1 issuer1 or entity providing pharmacy benefit management services that was dispensed during the reporting period1 including1 with respect to each such drug during the reporting period-- 7i7 the brand name1 chemical entity1 and ,national ,drug ,code2 7ii7 the number of participants and beneficiaries for whom the drug was filled during the plan year1 the total number of prescription fills for the drug 7including original prescriptions and refills71 and the total number of dosage units of the drug dispensed across the plan year1 including whether the dispensing channel was by retail1 mail order1 or specialty pharmacy2 7iii7 the wholesale acquisition cost1 listed as cost per days supply and cost per pill1 or in the case of a drug in another form1 per dose2 7iv7 the total out-of-pocket spending by participants and beneficiaries on such drug1 including participant and beneficiary spending through copayments1 coinsurance1 and deductibles2 and 7v7 for any drug for which gross spending of the group health plan or health insurance coverage exceeded #aj1jjj during the reporting period-- 7,i7 a list of all other drugs in the same therapeutic category or class1 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 drug2 and 7,,ii7 the rationale for preferred formulary placement of such drug in that therapeutic category or class2 7,c7 a list of each therapeutic category or class of drugs that were dispensed under the health plan or health insurance coverage during the reporting period1 and1 with respect to each such therapeutic category or class of drugs1 during the reporting period-- 7i7 total gross spending by the plan1 before manufacturer rebates1 fees1 or other manufacturer remuneration2 7ii7 the number of participants and beneficiaries who filled a prescription for a drug in that category or class2 7iii7 if applicable to that category or class1 a description of the formulary tiers and utilization mechanisms 7such as prior authorization or step therapy7 employed for drugs in that category or class2 7iv7 the total out-of-pocket spending by participants and beneficiaries1 including participant and beneficiary spending through copayments1 coinsurance1 and deductibles2 and 7v7 for each therapeutic category or class under which #c or more drugs are included on the formulary of such plan or coverage-- 7,i7 the amount received1 or expected to be received1 from drug manufacturers in rebates1 fees1 alternative discounts1 or other remuneration-- 7aa7 to be paid by drug manufacturers for claims incurred during the reporting period2 or 7bb7 that is related to utilization of drugs1 in such therapeutic category or class2 7,,ii7 the total net spending1 after deducting rebates1 price concessions1 alternative discounts or other remuneration from drug manufacturers1 by the health plan or health insurance coverage on that category or class of drugs2 and 7,,iii7 the net price per course of treatment or single fill1 such as a #cj-;day supply or #ij-;day supply1 incurred by the health plan or health insurance coverage and its participants and beneficiaries1 after manufacturer rebates1 fees1 and other remuneration for drugs dispensed within such therapeutic category or class during the reporting period2 7,d7 total gross spending on prescription drugs by the plan or coverage during the reporting period1 before rebates and other manufacturer fees or remuneration2 7,e7 total amount received1 or expected to be received1 by the health plan or health insurance coverage in drug manufacturer rebates1 fees1 alternative discounts1 and all other remuneration received from the manufacturer or any third party1 other than the plan sponsor1 related to utilization of drug or drug spending under that health plan or health insurance coverage during the reporting period2 7,f7 the total net spending on prescription drugs by the health plan or health insurance coverage during the reporting period2 and 7,g7 amounts paid directly or indirectly in rebates1 fees1 or any other type of remuneration to brokers1 consultants1 advisors1 or any other individual or firm who referred the group health plan's or health insurance issuer's business to the pharmacy benefit manager4 7#b7 ,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 7#a7 in a manner consistent with the privacy1 security1 and breach notification regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 and shall restrict the use and disclosure of such information according to such privacy regulations4 7#c7 ,disclosure and redisclosure 7,a7 ,limitation to business associates ,a group health plan receiving a report under paragraph 7#a7 may disclose such information only to business associates of such plan as defined in section #afj4ajc of title #de1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,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 7#a71 except that such issuer or entity may not restrict disclosure of such report to the ,department of ,health and ,human ,services1 the ,department of ,labor1 or the ,department of the ,treasury4 7,c7 ,limited form of report ,the ,secretary shall define through rulemaking a limited form of the report under paragraph 7#a7 required of plan sponsors who are drug manufacturers1 drug wholesalers1 or other direct participants in the drug supply chain1 in order to prevent anti-competitive behavior4 7#d7 ,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 #d reports submitted to a plan sponsor under paragraph 7#a7 with respect to such coverage or plan1 and other such reports as requested1 in accordance with the privacy requirements under paragraph 7#b7 and the disclosure and redisclosure standards under paragraph 7#c71 and such other information that the ,comptroller ,general determines necessary to carry out the study under section #cjfjf7;b7 of ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 7c7 ,enforcement 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,labor and the ,secretary of the ,treasury1 shall enforce this section4 7#b7 ,failure to provide timely information ,a health insurance issuer or an entity providing pharmacy benefit management services that violates subsection 7a7 or fails to provide information required under subsection 7b71 or a drug manufacturer that fails to provide information under subsection 7b77#a77;,a7 in a timely manner1 shall be subject to a civil monetary penalty in the amount of #aj1jjj for each day during which such violation continues or such information is not disclosed or reported4 7#c7 ,false information ,a health insurance issuer1 entity providing pharmacy benefit management services1 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 #ajj1jjj for each item of false information4 ,such civil money penalty shall be in addition to other penalties as may be prescribed by law4 7#d7 ,procedure ,the provisions of section #aabh;,a of the ,social ,security ,act1 other than subsection 7a7 and 7b7 and the first sentence of subsection 7c77#a7 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 #aabh;,a of the ,social ,security ,act4 7#e7 ,waivers ,the ,secretary may waive penalties under paragraph 7#b71 or extend the period of time for compliance with a requirement of this section1 for an entity in violation of this section that has made a good-faith effort to comply with this section4 7d7 ,rule of construction ,nothing in this section shall be construed to permit a health insurance issuer1 group health plan1 or other entity to restrict disclosure to1 or otherwise limit the access of1 the ,department of ,health and ,human ,services to a report described in subsection 7b77#a7 or information related to compliance with subsection 7a7 by such issuer1 plan1 or entity4 7e7 ,definition ,in this section1 the term wholesale acquisition cost has the meaning given such term in section #ahdg;,a7c77#f77;,b7 of the ,social ,security ,act4 2 and 7#b7 in section #bgbc 7#db ,u4,s4,c4 #cjj;gg-#bb7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by inserting 7other than subsections 7a7 and 7b7 of section #bgii;,a-#ab7 after part ,d2 and 7ii7 in paragraph 7#b71 by inserting 7other than subsections 7a7 and 7b7 of section #bgii;,a-#ab7 after part ,d2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by inserting 7other than subsections 7a7 and 7b7 of section #bgii;,a-#ab7 after part ,d2 7ii7 in paragraph 7#b77;,a71 by inserting 7other than subsections 7a7 and 7b7 of section #bgii;,a-#ab7 after part ,d2 and 7iii7 in paragraph 7#b77;,c77ii71 by inserting 7other than subsections 7a7 and 7b7 of section #bgii;,a-#ab7 after part ,d4 7b7 ,,gao study 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall report to ,congress on-- 7,a7 pharmacy networks of group health plans1 health insurance issuers1 and entities providing pharmacy benefit management services under such group health plan or group or individual health insurance coverage1 including networks that have pharmacies that are under common ownership 7in whole or part7 with group health plans1 health insurance issuers1 or entities providing pharmacy benefit management services or pharmacy benefit administrative services under group health plan or group or individual health insurance coverage2 7,b7 as it relates to pharmacy networks that include pharmacies under common ownership described in subparagraph 7,a7-- 7i7 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 drugs1 and if so1 the reasons the networks give for encouraging use of such pharmacies2 and 7ii7 whether such pharmacies are used by enrollees disproportionately more in the aggregate or for specific services or drugs compared to other network pharmacies2 7,c7 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 services1 the prevalence of electing such different network pricing arrangements2 7,d7 pharmacy network design parameters that encourage enrollees in the plan or coverage to fill prescriptions at mail order1 specialty1 or retail pharmacies that are wholly or partially-owned by that issuer or entity2 and 7,e7 the degree to which mail order1 specialty1 or retail pharmacies that dispense prescription drugs to an enrollee in a group health plan or health insurance coverage that are under common ownership 7in whole or part7 with group health plans1 health insurance issuers1 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 plan1 issuer1 or entity that are not wholly or partially owned by the health insurance issuer or entity providing pharmacy benefit management services4 7#b7 ,requirement ,the ,comptroller ,general of the ,united ,states shall ensure that the report under paragraph 7#a7 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 confidential4 7#c7 ,definitions ,in this subsection1 the terms group health plan1 health insurance coverage1 and health insurance issuer have the meanings given such terms in section #bgia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia74 #cjfjg4 ,funding to support ,state applications for section #accb waivers and administration ,section #accb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjeb7 is amended by adding at the end the following3 7f7 ,administration and planning grants 7#a7 ,appropriation ,in addition to any other amounts made available1 there is appropriated to the ,secretary of ,health and ,human ,services for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until expended1 for purposes of implementing the grant program under paragraph 7#b7 and awarding grants under such paragraph4 7#b7 ,grants ,from the amount appropriated under paragraph 7#a71 the ,secretary of ,health and ,human ,services shall award grants to ,states for purposes of developing a new waiver application1 preparing an application for a waiver extension or amendment1 or implementing a ,state plan under this section4 ,the amount of a grant awarded to a ,state under this subsection shall remain available until expended4 7#c7 ,limitation ,each grant awarded to a ,state under this subsection shall be in an amount not to exceed #e1jjj1jjj4 4 #cjfjh4 ,adjustments to uncompensated care pools and disproportionate share hospital payments 7a7 ,adjustments to uncompensated care pools ,section #aijc of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7 is amended by adding at the end the following new subsection3 7cc7 ,excluding expenditures for expansion population from assistance under waivers relating to uncompensated care ,with respect to a ,state with a ,state plan 7or waiver of such plan7 that does not provide1 with respect to a fiscal year 7beginning with fiscal year #bjbc71 to all individuals described in section #aijb7;a77#aj77;,a77i77,,viii7 benchmark coverage described in section #aicg7;b77#a7 or benchmark equivalent coverage described in section #aicg7;b77#b71 in the case of any experimental1 pilot1 or demonstration project undertaken under section #aaae1 with respect to such ,state and fiscal year1 that provides for ,federal financial participation with respect to expenditures for payments to providers for otherwise uncompensated care that is furnished to low-income individuals1 uninsured individuals1 or underinsured individuals1 notwithstanding any waiver authority available under such section1 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 #aijb7;a77#aj77;,a77i77,,viii74 4 7b7 ,adjustments to disproportionate share hospital payments 7#a7 ,in general ,section #aibc7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4#acifr-#d7;f77 is amended-- 7,a7 in paragraph 7#c77;,a71 by striking paragraphs 7#f71 7#g71 and 7#h7 and inserting paragraphs 7#f71 7#g71 7#h71 and 7#aj72 7,b7 in paragraph 7#f77;,a77vi71 by inserting 7except paragraph 7#aj77 before 1 any other provision of law2 7,c7 in paragraph 7#g77;,a77i71 by inserting without regard to paragraph 7#aj71 before the ,secretary2 and 7,d7 by adding at the end the following new paragraph3 7#aj7 ,state ,,dsh allotments for non-expansion ,states beginning with fiscal year #bjbc 7,a7 ,in general ,for fiscal year #bjbc and each subsequent fiscal year-- 7i7 in the case of a ,state with a ,state plan 7or waiver of such plan7 that1 with respect to such fiscal year1 does not provide to all individuals described in section #aijb7;a77#aj77;,a77i77,,viii7 benchmark coverage described in section #aicg7;b77#a7 or benchmark equivalent coverage described in section #aicg7;b77#b71 the ,secretary shall reduce the ,,dsh allotment to the ,state for such fiscal year in the amount equal to #ab4e percent of the ,,dsh allotment that would 7after the application of paragraph 7#f71 and without the application of paragraphs 7#g71 7#h71 or this paragraph7 be determined under this subsection for the ,state for such fiscal year2 7ii7 in the case of a ,state with a ,state plan 7or waiver of such plan7 that1 with respect to such fiscal year1 initially provides to all individuals described in section #aijb7;a77#aj77;,a77i77,,viii7 benchmark coverage described in #aicg7;b77#a7 or benchmark equivalent coverage described in section #aicg7;b77#b71 but during such fiscal year stops providing to any such individual such benchmark or benchmark equivalent coverage1 the ,secretary shall reduce the ,,dsh allotment to the ,state for such fiscal year in the amount equal to the product of-- 7,i7 #ab4e percent of the ,,dsh allotment that would 7after the application of paragraph 7#f71 and without the application of paragraphs 7#g71 7#h71 or this paragraph7 be determined under this subsection for the ,state for such fiscal year2 and 7,,ii7 expressed as a percentage1 the number of days of such fiscal year during which such ,state plan 7or waiver of such plan71 with respect to such fiscal year1 did not provide to such individuals such benchmark or benchmark equivalent coverage2 or 7iii7 in the case of a ,state with a ,state plan 7or waiver of such plan7 that1 with respect to such fiscal year1 either-- 7,i7 initially does not provide to all individuals described in section #aijb7;a77#aj77;,a77i77,,viii7 benchmark coverage described in #aicg7;b77#a7 or benchmark equivalent coverage described in section #aicg7;b77#b71 but during the fiscal year establishes a ,state plan 7or waiver of such plan7 that provides1 for the remainder of the fiscal year1 all such individuals such benchmark or benchmark equivalent coverage2 or 7,,ii7 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 7,i71 but on the first day of such fiscal year establishes a ,state plan 7or waiver of such plan7 that provides1 for the entirety of such fiscal year1 all such individuals such benchmark or benchmark equivalent coverage2 the ,,dsh allotment for such ,state for such fiscal year is equal to the ,,dsh allotment under this subsection 7without application of this paragraph7 for the ,state for the entirety of such fiscal year4 7,b7 ,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 7or waiver of such plan7 to all individuals described in section #aijb7;a77#aj77;,a77i77,,viii7 benchmark coverage described in section #aicg7;b77#a7 or benchmark equivalent coverage described in section #aicg7;b77#b7 and1 for which the ,state continues to provide under the ,state plan 7or waiver of such plan7 such benchmark or benchmark equivalent coverage to such individuals1 without the providing of such benchmark or benchmark equivalent coverage being stopped during a fiscal year 7as described in the matter preceding subclause 7,i7 of subparagraph 7,a77ii771 shall be calculated under paragraph 7#c7 without regard to this paragraph4 4 7#b7 ,technical amendment ,section #aibc7;f77#g77;,a77i77,,ii7 of the ,social ,security ,act 7#db ,u4,s4,c4#acifr-#d7;f77#g77;,a77i77,,ii7 7 is amended by adding at period at the end4 #cjfji4 ,further increase in ,,fmap for ,medical ,assistance for ,newly ,eligible ,mandatory ,individuals ,section #aije7y77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7y77#a77 is amended-- 7#a7 in subparagraph 7,d71 by striking at the end and2 7#b7 in subparagraph 7,e71 by striking #bjbj and each year thereafter4 and inserting #bjbj1 #bjba1 and #bjbb2 and2 and 7#c7 by adding at the end the following new subparagraphs3 7,f7 #ic percent for calendar quarters in #bjbc1 #bjbd1 and #bjbe2 and 7,g7 #ij percent for calendar quarters in #bjbf and each year thereafter4 4 ,f ,medicaid #a ,investments in ,home and ,community-,based ,services and ,long-,term ,care ,quality and ,workforce #cjgaa4 ,,hcbs improvement planning grants 7a7 ,funding 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #acj1jjj1jjj1 to remain available until expended1 for carrying out this section4 7#b7 ,technical assistance and guidance ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until expended1 for purposes of issuing guidance and providing technical assistance to ,states intending to apply for1 or which are awarded1 a planning grant under this section1 and for other administrative expenses related to awarding planning grants under this section4 7b7 ,award and use of grants 7#a7 ,deadline for award of grants ,from the amount appropriated under subsection 7a77#a71 the ,secretary1 not later than #ab months after the date of enactment of this ,act1 shall solicit ,state requests for ,,hcbs improvement planning grants and award such grants to all ,states that meet such requirements as determined by the ,secretary4 7#b7 ,use of funds ,subject to paragraph 7#c71 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 7c7 and 7d74 ,a ,state may use planning grant funds to support activities related to the implementation of the ,,hcbs improvement plan for the ,state1 collect and report information described in subsection 7c71 identify areas for improvement to the service delivery systems for home and community-based services1 carry out activities related to evaluating payment rates for home and community-based services and identifying improvements to update the rate setting process1 and make related infrastructure investments 7such as case management or other information technology systems74 7#c7 ,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 7or waiver of such plan74 7c7 ,,hcbs improvement plan requirements ,in order to meet the requirements of this subsection1 an ,,hcbs improvement plan developed using funds awarded to a ,state under this section shall include1 with respect to the ,state and subject to subsection 7d71 the following3 7#a7 ,existing ,medicaid ,,hcbs landscape 7,a7 ,eligibility and benefits ,a description of the existing standards1 pathways1 and methodologies for eligibility for home and community-based services pursuant to the ,state plan 7or waiver of such plan71 including limits on assets and income1 the home and community-based services available under the ,state ,medicaid program and the types of settings in which they may be provided1 and utilization management standards for such services4 7,b7 ,access 7i7 ,barriers ,a description of the barriers to accessing home and community-based services in the ,state identified by ,medicaid eligible individuals1 the families of such individuals1 and direct care workers and home care agencies1 or other similar organizations4 7ii7 ,availability2 unmet need ,a summary1 in accordance with guidance issued by the ,secretary and as able to be practicably determined by the ,state1 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 7including individuals who are on a waiting list for such services74 7,c7 ,utilization ,an assessment of the utilization of home and community-based services in the ,state 7including the number of individuals receiving such services7 during such period specified by the ,secretary4 7,d7 ,service delivery structures and supports ,a description of the service delivery structures for providing home and community-based services in the ,state4 7,e7 ,workforce ,a description of the direct care workforce1 including estimates of the number of full- and part-time direct care workers1 the average and range of direct care worker wages1 the benefits provided to direct care workers1 and the turnover and vacancy rates of direct care worker positions4 7,f7 ,payment rates 7i7 ,in general ,a description of the payment rates for home and community-based services1 including1 to the extent applicable1 how payments for such services are factored into the development of managed care capitation rates1 when the ,state last updated payment rates for home and community-based services1 and an estimate of the portion of the payment rate that goes toward direct care worker compensation4 7ii7 ,assessment ,an assessment of the relationship between payment rates for such services and workforce shortages1 average beneficiary wait times for such services1 and provider-to-beneficiary ratios in the geographic region4 7,g7 ,quality ,a description of how the quality of home and community-based services is measured and monitored4 7,h7 ,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 items and services furnished by an institution for greater than #cj days in an institutional setting4 7,i7 ,,hcbs share of overall ,medicaid ,,ltss spending ,for the most recent ,state fiscal year for which complete data is available1 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 services4 7,j7 ,demographic data ,to the extent available and as applicable with respect to the information required under subparagraphs 7,b71 7,c71 and 7,h71 demographic data for such information1 disaggregated by age groups1 primary disability1 income brackets1 gender1 race1 ethnicity1 geography1 primary language1 and type of service setting4 7#b7 ,goals for ,,hcbs improvements ,a description of how the ,state will do the following3 7,a7 ,conduct the activities required under subsection 7jj7 of section #aije of the ,social ,security ,act 7as added under section #cjgab74 7,b7 ,reduce barriers to and disparities in access or utilization of home and community-based services in the ,state4 7,c7 ,monitor and report on access to home and community-based services under the ,state ,medicaid program1 disparities in access to such services1 and the utilization of such services4 7,d7 ,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 supports4 7,e7 ,monitor and report on wages1 benefits1 and vacancy and turnover rates for direct care workers4 7,f7 ,assess and monitor the sufficiency of payment rates under the ,state ,medicaid program1 in a manner specified by the ,secretary1 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 services4 7,g7 ,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 elderly4 7d7 ,development and approval requirements 7#a7 ,development requirements ,in order to meet the requirements of this subsection1 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 services1 family caregivers of such recipients1 providers1 health plans1 direct care workers1 chosen representatives of direct care workers1 and aging1 disability1 and workforce advocates4 7#b7 ,authority to adjust certain plan content requirements ,the ,secretary may modify the requirements for any of the information specified in subsection 7c77#a7 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 information4 7#c7 ,submission and approval ,not later than #bd months after the date on which a ,state is awarded a planning grant under this section1 the ,state shall submit an ,,hcbs improvement plan for approval by the ,secretary1 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 7jj7 of section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 7as added by section #cjgab74 ,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 7c74 ,a ,state may amend its ,,hcbs improvement plan1 subject to the approval of the ,secretary that the plan as so amended meets the requirements of subsection 7c74 ,the ,secretary may withhold or recoup funds provided under this section to a ,state1 if the ,state fails to comply with the requirements of this section4 7e7 ,definitions ,in the part3 7#a7 ,direct care worker ,the term direct care worker means1 with respect to a ,state1 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 program3 7,a7 ,a registered nurse1 licensed practical nurse1 nurse practitioner1 or clinical nurse specialist1 or a licensed nursing assistant who provides such services under the supervision of a registered nurse1 licensed practical nurse1 nurse practitioner1 or clinical nurse specialist4 7,b7 ,a direct support professional4 7,c7 ,a personal care attendant4 7,d7 ,a home health aide4 7,e7 ,any other paid health care professional or worker determined to be appropriate by the ,state and approved by the ,secretary4 7#b7 ,,hcbs program improvement ,state ,the term ,,hcbs program improvement ,state means a ,state that is awarded a planning grant under subsection 7b7 and has an ,,hcbs improvement plan approved by the ,secretary under subsection 7d77#c74 7#c7 ,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 ,state3 7,a7 ,a medicaid managed care organization1 as defined in section #aijc7m77#a77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7m77#a77;,a774 7,b7 ,a prepaid inpatient health plan or prepaid ambulatory health plan1 as defined in section #dch4b of title #db1 ,code of ,federal ,regulations 7or any successor regulation74 7#d7 ,home and community-based services ,the term home and community-based services means any of the following 7whether provided on a fee-for-service1 risk1 or other basis73 7,a7 ,home health care services authorized under paragraph 7#g7 of section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a774 7,b7 ,private duty nursing services authorized under paragraph 7#h7 of such section1 when such services are provided in a ,medicaid eligible individual's home4 7,c7 ,personal care services authorized under paragraph 7#bd7 of such section4 7,d7 ,,pace services authorized under paragraph 7#bf7 of such section4 7,e7 ,home and community-based services authorized under subsections 7b71 7c71 7i71 7j71 and 7k7 of section #aiae of such ,act 7#db ,u4,s4,c4 #acifn71 authorized under a waiver under section #aaae of such ,act 7#db ,u4,s4,c4 #acae71 or provided through coverage authorized under section #aicg of such ,act 7#db ,u4,s4,c4 #acifu-#g74 7,f7 ,case management services authorized under section #aije7;a77#ai7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77#ai77 and section #aiae7;g7 of such ,act 7#db ,u4,s4,c4 #acifn7g774 7,g7 ,rehabilitative services1 including those related to behavioral health1 described in section #aije7;a77#ac7 of such ,act 7#db ,u4,s4,c4 #acif;d7a77#ac774 7,h7 ,such other services specified by the ,secretary4 7#e7 ,institutional setting ,the term institutional setting means-- 7,a7 a skilled nursing facility 7as defined in section #ahai7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;a7772 7,b7 a nursing facility 7as defined in section #aiai7;a7 of such ,act 7#db ,u4,s4,c4 #acifr7a7772 7,c7 a long-term care hospital 7as described in section #ahhf7;d77#a77;,b77iv7 of such ,act 7#db ,u4,s4,c4 #acieww7d77#a77;,b77iv7772 7,d7 a facility described in section #aije7;d7 of such ,act 7#db ,u4,s4,c4 #acif;d7d7772 7,e7 an institution which is a psychiatric hospital 7as defined in section #ahfa7;f7 of such ,act 7#db ,u4,s4,c4 #aciex7f777 or that provides inpatient psychiatric services in a residential setting specified by the ,secretary2 and 7,f7 an institution described in section #aije7;i7 of such ,act 7#db ,u4,s4,c4 #acif;d7i774 7#f7 ,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 plan4 ,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 plan1 or waiver of such plan1 upon receipt of home and community-based services4 7#g7 ,state ,medicaid program ,the term ,state ,medicaid program means1 with respect to a ,state1 the ,state program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif through #acifw-#f7 7including any waiver or demonstration under such title or under section #aaae of such ,act 7#db ,u4,s4,c4 #acae7 relating to such title74 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#i7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa4 #cjgab4 ,,hcbs ,improvement ,program 7a7 ,increased ,,fmap for ,,hcbs program improvement ,states ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7#a7 in subsection 7b71 by striking and 7ii7 and inserting 7ii71 and 7jj72 and 7#b7 by adding at the end the following new subsection3 7jj7 ,additional support for ,,hcbs program improvement ,states 7#a7 ,in general 7,a7 ,additional support ,subject to paragraph 7#e71 in the case of a ,state that is an ,,hcbs program improvement ,state1 for each fiscal quarter that begins on or after the first date on which the ,state is an ,,hcbs program improvement ,state-- 7i7 and for which the ,state meets the requirements described in paragraphs 7#b7 and 7#d71 notwithstanding subsection 7b7 or 7ff71 subject to subparagraph 7,b71 with respect to amounts expended during the quarter by such ,state for medical assistance for home and community-based services1 the ,federal medical assistance percentage for such ,state and quarter 7as determined for the ,state under subsection 7b7 and1 if applicable1 increased under subsection 7y71 7z71 7aa71 or 7ii71 section #fjjh7;a7 of the ,families ,first ,coronavirus ,response ,act71 or section #aiae7k77#b7 shall be increased by #f percentage points2 and 7ii7 with respect to the ,state meeting the requirements described in paragraphs 7#b7 and 7#d7 and with respect to amounts expended during the quarter and before ,october #a1 #bjca1 for administrative costs for expanding and enhancing home and community-based services1 including for enhancing ,medicaid data and technology infrastructure1 modifying rate setting processes1 adopting or improving training programs for direct care workers and family caregivers1 home and community-based services ombudsman office activities 7as reimbursable under section #aijc7;a77#g771 developing processes to identify direct care workers and assign such workers unique identifiers 7as so reimbursable71 and adopting1 carrying out1 or enhancing programs that register direct care workers or connect beneficiaries to direct care workers1 the per centum specified in sections #aijc7;a77#g7 and #aijc7;a77#c7 shall be increased to #hj percent4 ,in no case may the application of clause 7i7 result in the ,federal medical assistance percentage determined for a ,state being more than #ie percent with respect to such expenditures4 ,in no case shall the application of clause 7ii7 result in a reduction to the per centum otherwise specified without application of such clause4 ,any increase pursuant to clause 7ii7 shall be available to a ,state before the ,state meets the requirements of paragraphs 7#b7 and 7#d74 7,b7 ,additional ,,hcbs improvement efforts ,subject to paragraph 7#e71 in addition to the increase to the ,federal medical assistance percentage under subparagraph 7,a77i7 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 7#b7 and 7#d7 for the quarter1 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 #b percentage points 7but not to exceed #ie percent7 during the first #f fiscal quarters throughout which the ,state has implemented and has in effect a program that meets the requirements of paragraph 7#c74 7,c7 ,nonapplication of territorial funding caps ,any payment made to ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 or ,american ,samoa for expenditures that are subject to an increase in the ,federal medical assistance percentage under subparagraph 7,a77i7 or 7,b71 or an increase in an applicable ,federal matching percentage under subparagraph 7,a77ii71 shall not be taken into account for purposes of applying payment limits under subsections 7f7 and 7g7 of section #aajh4 7,d7 ,nonapplication to ,,chip ,,efmap ,any increase described in subparagraph 7,a7 7or payment made for expenditures on medical assistance that are subject to such increase7 shall not be taken into account in calculating the enhanced ,,fmap of a ,state under section #baje4 7#b7 ,requirements ,subject to the last sentence of paragraph 7#a77;,a71 as conditions for receipt of the increase under paragraph 7#a7 to the ,federal medical assistance percentage determined for a ,state1 with respect to a fiscal year quarter1 the ,state shall meet each of the following requirements3 7,a7 ,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 7#a77;,a7 and paragraph 7#a77;,b7 7if applicable7 to supplement1 and not supplant1 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 #cjgaa of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 ,in applying this subparagraph1 the ,secretary shall provide that a ,state shall have a #c-year period1 as specified by the ,secretary1 to spend any accumulated unspent ,state funds attributable to the increase described in clause 7i7 in the ,federal medical assistance percentage4 7,b7 ,maintenance of effort 7i7 ,in general ,the ,state does not-- 7,i7 reduce the amount1 duration1 or scope of home and community-based services available under the ,state plan 7or waiver of such plan7 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 #cjgaa of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad2 7,,ii7 reduce payment rates for home and community-based services lower than such rates that were in place as of the date described in subclause 7,i71 including1 to the extent applicable1 assumed payment rates for such services that are included in managed care capitation rates as such rates are being prospectively built2 or 7,,iii7 except to the extent permitted under clause 7ii71 adopt more restrictive standards1 methodologies1 or procedures for determining eligibility for or the scope of medical assistance of home and community-based services1 including with respect to cost-sharing1 than the standards1 methodologies1 or procedures applicable as of the date described in subclause 7,i74 7ii7 ,conditions for flexibility ,a ,state may make modifications that would otherwise violate the maintenance of effort described in clause 7i7 if the ,state demonstrates to the satisfaction of the ,secretary that such modifications shall not result in-- 7,i7 home and community-based services that are less comprehensive or lower in amount1 duration1 or scope2 7,,ii7 fewer individuals 7overall and within particular eligibility groups7 receiving home and community-based services1 the calculation of which may be adjusted for demographic changes since the date described in clause 7i77,i72 or 7,,iii7 increased cost-sharing 7other than resulting from the rate of inflation7 for home and community-based services4 7,c7 ,access to services ,not later than an implementation date as specified by the ,secretary 7which may vary for each of the following clauses7 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 7#a71 the ,state does all of the following to improve access to services3 7i7 ,reduce access barriers and disparities in access or utilization of home and community-based services1 as described in the ,state ,,hcbs improvement plan4 7ii7 ,provides coverage of personal care services authorized under subsection 7a77#bd7 for all individuals eligible for and enrolled in medical assistance in the ,state4 7iii7 ,provides for navigation of home and community-based services through no wrong door programs1 provides expedited eligibility for home and community-based services1 and improves home and community-based services counseling and education programs4 7iv7 ,expands access to behavioral health services furnished in home and community-based settings4 7v7 ,improves coordination of home and community-based services with employment1 housing1 and transportation supports4 7vi7 ,provides supports to family caregivers4 7vii7 ,newly provides coverage under1 or expands existing eligibility criteria for1 #a or more of the eligibility categories authorized under subclause 7,,xiii71 7,,xv71 or 7,,xvi7 of section #aijb7;a77#aj77;,a77ii74 7,d7 ,workforce 7i7 ,in general ,the ,state strengthens and expands the direct care workforce that provides home and community-based services by-- 7,i7 adopting processes to ensure that payment rates for home and community-based services are sufficient 7as defined by the ,secretary7 to ensure that care and services are available to the extent described in the ,state ,,hcbs improvement plan2 and 7,,ii7 updating qualification standards as appropriate1 and developing and adopting training opportunities for direct care workers and family caregivers1 at such times as the ,secretary shall prescribe4 7ii7 ,payment rates ,in carrying out clause 7i77,i71 the ,state shall-- 7,i7 update and1 as appropriate1 increase payment rates for home and community-based services to support recruitment and retention of the direct care workforce by not later than #b years after approval of the ,,hcbs improvement plan and1 at least every #c years thereafter1 using1 through existing or other processes to determine provider payment1 a transparent process involving meaningful input from nongovernmental stakeholders2 and 7,,ii7 ensure that increases in the payment rates for home and community-based services-- 7aa7 at a minimum1 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 7,i72 and 7bb7 are incorporated into provider payment rates for home and community-based services provided under this title by a health plan1 under a contract and paid through capitation rates with the ,state4 7#c7 ,self-directed models for the delivery of services ,as conditions for receipt of the increase under paragraph 7#a77;,b7 to the ,federal medical assistance percentage determined for a ,state1 with respect to a fiscal year quarter1 the ,state shall establish directly1 or by contract with #a or more entities1 including an agency with choice or a similar service delivery model1 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-direction3 7,a7 ,registering qualified direct care workers and assisting beneficiaries in finding direct care workers4 7,b7 ,undertaking activities to recruit and train independent providers to enable beneficiaries to direct their own care1 including by providing or coordinating training for beneficiaries on self-directed care4 7,c7 ,ensuring the safety of1 and supporting the quality of1 care provided to beneficiaries4 7,d7 ,facilitating coordination between ,state and local agencies and direct care workers for matters of public health1 training opportunities1 changes in program requirements1 workplace health and safety1 or related matters4 7,e7 ,supporting beneficiary hiring1 if selected by the beneficiary1 of independent providers of home and community-based services1 including by processing applicable tax information1 collecting and processing timesheets1 submitting claims and processing payments to such providers4 7,f7 ,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 services1 providing support to beneficiaries who wish to hire a caregiver who is a family member or individual with whom they have an existing relationship4 7,g7 ,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 organization4 7#d7 ,reporting and oversight ,as conditions for receipt of the increase under paragraph 7#a7 to the ,federal medical assistance percentage determined for a ,state1 with respect to a fiscal year quarter1 the ,state shall meet each of the following requirements3 7,a7 ,the ,state designates 7by a date specified by the ,secretary7 an ,,hcbs ombudsman office 7or a long-term care ombudsman program office7 that-- 7i7 operates independently from the ,state ,medicaid agency and health plans2 7ii7 provides direct assistance to recipients of home and community-based services available under the ,state ,medicaid program and their families2 and 7iii7 identifies and reports systemic problems to ,state officials1 the public1 and the ,secretary4 7,b7 ,beginning with the last day of the #eth fiscal quarter for which the state is an ,,hcbs program improvement ,state1 and annually thereafter1 the ,state reports to the ,secretary1 in a manner the ,secretary shall prescribe1 on the progress of implementation of the activities described in subparagraphs 7,c7 and 7,d7 of paragraph 7#b71 paragraph 7#c7 7if applicable71 the use of enhanced ,federal funding provided under this subsection1 and progress with respect to home and community-based services availability1 utilization1 disparities in access and use of services1 spending on ,,hcbs1 and the status of the direct care workforce4 7#e7 ,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 7#a77;,a77i7 or 7#a77;,b7 or an increase in an applicable ,federal matching percentage under paragraph 7#a77;,a77ii7 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 unless1 at the end of the #bith fiscal quarter1 the ,state demonstrates the following in the annual report required in paragraph 7#d7 for such quarter3 7,a7 ,increased availability 7above a marginal increase7 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 plan4 7,b7 ,with respect to the percentage of expenditures made by the ,state for long-term services and supports that are for home and community-based services1 in the case of an ,,hcbs program improvement ,state for which such percentage 7as reported in the ,state ,,hcbs improvement plan7 was-- 7i7 less than #ej percent1 the ,state demonstrates that the percentage of such expenditures has increased to at least #ej percent since the plan was approved2 and 7ii7 at least #ej percent1 the ,state demonstrates that such percentage has not decreased since the plan was approved4 7#f7 ,definitions ,in this subsection1 the terms ,state ,medicaid plan1 direct care worker1 ,,hcbs program improvement ,state1 health plan2 and home and community-based services have the meaning given those terms in section #cjgaa7;e7 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 4 #cjgac4 ,funding for ,federal activities related to ,medicaid ,,hcbs ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dj1jjj1jjj1 to remain available until expended1 to carry out section #cjgab 7including the amendments made by such section71 including by issuing necessary guidance and technical assistance to ,states1 conducting program integrity and oversight efforts1 and preparing and submitting to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,finance of the ,senate1 beginning #e years after the date of the enactment of this ,act and every three years thereafter1 a report describing the progress of the ,,hcbs planning and improvement activities undertaken by ,states as applicable and as described in sections #cjgaa and #cjgab 7including the amendments made by such sections71 and describing the impact of such activities on access to care1 including with respect to disparities in access and utilization1 and the direct care workforce4 #cjgad4 ,funding for ,,hcbs quality measurement and improvement 7a7 ,increased ,federal matching rate for adoption and reporting of ,,hcbs quality measures 7#a7 ,in general ,section #aijc7;a77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7a77#c77 is amended-- 7,a7 in subparagraph 7,f77ii71 by striking plus after the semicolon and inserting and2 and 7,b7 by inserting after subparagraph 7,f71 the following3 7,g7 #hj 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 #aaci;,a7a77#d77;,b77ii7 and #aaci;,b7b77#c77;,c72 and 4 7#b7 ,exemption from territories' payment limits ,section #aajh7;g77#d7 of the ,social ,security ,act is amended by adding at the end the following new subparagraph3 7,c7 ,additional exemption relating to ,,hcbs quality reporting ,payments under section #aijc7;a77#c77;,g7 shall not be taken into account in applying payment limits under subsections 7f7 and 7g7 of this subsection4 4 7b7 ,,hcbs quality measures for increase ,title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acja through #acbj;e-#c7 is amended-- 7#a7 in section #aaci;,a-- 7,a7 in subsection 7a77#d77;,b7-- 7i7 by striking ,beginning with the annual ,state report on fiscal year #bjbd and inserting the following3 7i7 ,in general ,subject to clause 7ii71 beginning with the annual ,state report on fiscal year #bjbd 2 and 7ii7 by adding at the end the following new clause3 7ii7 ,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 ,,xxi1 beginning with the annual ,state report required under subsection 7c77#a7 for the first fiscal year that begins on or after the date that is #b years after the date that the ,secretary publishes the home and community-based services quality measures developed under subsection 7b77#e77;,b7 the ,secretary shall require ,states to report such information using the standardized format for reporting information and procedures developed under subparagraph 7,a7 and using all such home and community-based quality measures developed under subsection 7b77#e7 7including any updates or changes to such measures74 2 and 7,b7 in subsection 7b77#e7-- 7i7 by striking ,beginning no later than ,january #a1 #bjac and inserting the following3 7,a7 ,in general ,beginning no later than ,january #a1 #bjac 2 and 7ii7 by adding at the end the following new subparagraph3 7,b7 ,,hcbs quality measures ,beginning with the first year that begins on the date that is #b years after the date of enactment of this subparagraph 7or1 in the case of measures that require development and testing prior to availability1 not later than #d years after the date of enactment of this subparagraph71 the requirements of subparagraph 7,a7 shall apply1 and the core measures described in subsection 7a7 7and any updates or changes to such measures7 shall include home and community-based services quality measures developed by the ,secretary4 ,the ,secretary shall ensure that such measures reflect the full array of home and community-based services1 and consult with nongovernmental stakeholders with expertise in home and community-based services 7including recipients and providers of such services74 2 7,c7 in subsection 7b77#f7-- 7i7 by inserting or support services before that is capable of2 7ii7 by striking and ambulatory health care settings and inserting 1 ambulatory health care1 and home and community-based settings 2 and 7iii7 by inserting and home and community-based before care system2 and 7,d7 in subsection 7c77#a71 in the matter preceding subparagraph 7,a71 by inserting 1 subject to subsection 7a77#d77;,b77ii71 before annually report2 and 7#b7 in section #aaci;,b-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#c71 by adding at the end the following new subparagraph3 7,c7 ,mandatory reporting with respect to ,,hcbs quality measures ,beginning with the ,state report required under subsection 7d77#a7 for the first year that begins on or after the date that is #b years after the date that the ,secretary publishes the home and community-based quality measures developed under paragraph 7#e77;,d71 the ,secretary shall require ,states to report information1 using the standardized format for reporting information and procedures developed under subparagraph 7,a71 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 7#e77;,d71 and any updates or changes to such measures4 2 and 7ii7 in paragraph 7#e71 by adding at the end the following new subparagraph3 7,d7 ,,hcbs quality measures 7i7 ,funding ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 for fiscal year #bjbb1 to be available until expended1 out of any money in the ,treasury not otherwise appropriated1 #bb1jjj1jjj1 for carrying out this subparagraph4 7ii7 ,inclusion of ,,hcbs quality measures ,beginning with respect to ,state reports required under subsection 7d77#a7 for the first year that begins on or after the date that is #b years after the date of enactment of this subparagraph 7or1 in the case of measures that require development and testing prior to availability1 not later than #d years after the date of enactment of this subparagraph7 the core set of adult health quality measures maintained under this paragraph 7and any updates or changes to such measures7 shall include home and community-based services quality measures developed in accordance with this subparagraph4 7iii7 ,requirements 7,i7 ,in general ,in developing1 reviewing and updating the home and community-based services quality measures included in the core set of adult health quality measures maintained under this paragraph1 the ,secretary shall consult with nongovernmental stakeholders with expertise in home and community-based services 7including recipients and providers of such services7 and ensure such measures reflect the full array of home and community-based services and recipients of such services4 7,,ii7 ,definition ,for purposes of this section and section #aaci;,a1 the term home and community-based services has the meaning given such term in section #cjgaa7;e7 of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 2 and 7,b7 in subsection 7d77#a77;,a71 by striking 2 and and inserting and1 beginning with the report for the first year that begins after the date that is #b years after the ,secretary publishes the home and community-based quality measures developed under subsection 7b77#e77;,d71 all home and community-based services quality measures included in the core set of adult health quality measures maintained under subsection 7b77#e7 and any updates or changes to such measures2 and4 #cjgae4 ,permanent extension of ,medicaid protections against spousal impoverishment for recipients of home and community-based services 7a7 ,in general ,section #aibd7;h77#a77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#e7;h77#a77;,a77 is amended by striking 7at the option of the ,state7 is described in section #aijb7;a77#aj77;,a77ii77,,vi7 and inserting the following3 is eligible for medical assistance for home and community-based services provided under subsection 7c71 7d71 or 7i7 of section #aiae or under a waiver approved under section #aaae1 or who is eligible for such medical assistance by reason of being determined eligible under section #aijb7;a77#aj77;,c7 or by reason of section #aijb7;f7 or otherwise on the basis of a reduction of income based on costs incurred for medical or other remedial care1 or who is eligible for medical assistance for home and community-based attendant services and supports under section #aiae7k74 7b7 ,conforming amendment ,section #bdjd of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #acifr-#e note7 is amended by striking ,september #cj1 #bjbc and inserting the date of the enactment of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 #cjgaf4 ,permanent extension of ,money ,follows the ,person ,rebalancing demonstration 7a7 ,in general ,subsection 7h7 of section #fjga of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,i71 by inserting and after the semicolon2 7,b7 by amending subparagraph 7,j7 to read as follows3 7,j7 #dej1jjj1jjj for each fiscal year after fiscal year #bjbb4 2 7,c7 by striking subparagraph 7,k72 7#b7 in paragraph 7#b71 by striking ,september #cj1 #bjbc and inserting ,september #cj of the subsequent fiscal year2 and 7#c7 by adding at the end the following new paragraph3 7#c7 ,technical assistance ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb and for each subsequent #c-year period1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until expended1 for carrying out subsections 7f71 7g71 and 7i74 4 7b7 ,redistribution of unexpended grant awards ,subsection 7e77#b7 of section #fjga of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note7 is amended by adding at the end the following new sentence3 ,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 year44 #cjgag4 ,funding to improve the accuracy and reliability of certain skilled nursing facility data ,section #ahhh of the ,social ,security ,act 7#db ,u4,s4,c4 #acieyy7 is amended-- 7#a7 in subsection 7h77#ab7-- 7,a7 in subparagraph 7,a71 by striking and the data submitted under subsection 7e77#f7 a process to validate such measures and data and inserting 1 the data submitted under subsection 7e77#f71 and1 during the period beginning with fiscal year #bjbd and ending with fiscal year #bjca1 the resident assessment data described in section #ahai7;b77#c7 and the direct care staffing information described in section #aabh;,i7g7 a process to validate such measures1 data1 and information2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking ,funding4--,for purposes and inserting ,funding4-- 7i7 ,fiscal years #bjbc through #bjbe ,for purposes 2 and 7ii7 by adding at the end the following new clause3 7ii7 ,additional funding ,there is appropriated to the ,secretary1 out of any monies in the ,treasury not otherwise appropriated1 #ej1jjj1jjj for fiscal year #bjbb1 to remain available through fiscal year #bjca1 for purposes of carrying out this paragraph4 2 and 7#b7 in subsection 7e77#f77;,a7-- 7,a7 in the header1 by striking for failure to report2 and 7,b7 in clause 7i7-- 7i7 by striking ,for fiscal years beginning with fiscal year #bjah1 in the case of a skilled nursing facility that does not submit and inserting the following3 7,i7 ,failure to report ,for fiscal years beginning with fiscal year #bjah1 in the case of a skilled nursing facility that does not submit quality measure data specified by the ,secretary and 2 and 7ii7 by adding at the end the following new subclause3 7,,ii7 ,reporting of inaccurate information ,for fiscal years during the period beginning with fiscal year #bjbf and ending with fiscal year #bjca1 in the case of a skilled nursing facility that submits data under this paragraph1 measures under subsection 7h71 resident assessment data described in section #ahai7;b77#c71 or direct care staffing information described in section #aabh;,i7g7 with respect to such fiscal year that is inaccurate 7as determined by the ,secretary through the validation process described in section #ahhh7;h77#ab7 or otherwise71 after determining the percentage described in paragraph 7#e77;,b77i71 and after application of clauses 7ii7 and 7iii7 of paragraph 7#e77;,b7 and of subclause 7,i7 of this clause 7if applicable71 the ,secretary shall reduce such percentage for payment rates during such fiscal year by #b percentage points4 4 #cjgah4 ,ensuring accurate information on cost reports ,section #ahhh7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieyy7f77 is amended by adding at the end the following new paragraph3 7#e7 ,audit of cost reports ,there is appropriated to the ,secretary1 out of any monies in the ,treasury not otherwise appropriated1 #bej1jjj1jjj for fiscal year #bjbb1 to remain available through fiscal year #bjca1 for purposes of conducting an annual audit 7beginning with #bjbc and ending with #bjca7 of cost reports submitted under this title for a representative sample of skilled nursing facilities4 4 #cjgai4 ,survey improvements ,section #ahai of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7 is amended by adding at the end the following new subsection3 7l7 ,survey improvements 7#a7 ,in general ,there is appropriated to the ,secretary1 out of any monies in the ,treasury not otherwise appropriated1 #cbe1jjj1jjj for fiscal year #bjbb1 to remain available through fiscal year #bjca1 for purposes of-- 7,a7 conducting reviews and identifying plans under paragraph 7#b72 and 7,b7 providing training1 tools1 technical assistance1 and financial support in accordance with paragraph 7#c74 7#b7 ,review ,the ,secretary shall conduct reviews1 during the period specified in paragraph 7#a71 of 7and1 as appropriate1 identify plans to improve7 the following3 7,a7 ,the extent to which surveys conducted under subsection 7g7 and the enforcement process under subsection 7h7 result in increased compliance with requirements under this section and subpart ,b of part #dhc of title #db1 ,code of ,federal ,regulations1 with respect to skilled nursing facilities 7in this subsection referred to as facilities74 7,b7 ,the timeliness and thoroughness of ,state agency verification of deficiency corrections at facilities4 7,c7 ,the accuracy of the identification and appropriateness of the scope and severity of deficiencies cited at facilities4 7,d7 ,the accuracy of the identification and appropriateness of the scoping and severity of life safety1 infection control1 and emergency preparedness deficiencies cited at facilities4 7,e7 ,the timeliness of ,state agency investigations of-- 7i7 complaints at facilities2 7ii7 facility-reported incidents at facilities2 and 7iii7 reported allegations of abuse1 neglect1 and exploitation at facilities4 7,f7 ,the consistency of facility reporting of substantiated complaints to law enforcement4 7,g7 ,the ability of the ,state agency to sufficiently hire1 train1 and retain individuals who conduct surveys4 7,h7 ,any other area related to surveys of facilities1 or the individuals conducting such surveys1 determined appropriate by the ,secretary4 7#c7 ,support ,based on the review under paragraph 7#b71 the ,secretary shall1 during the period specified in paragraph 7#a71 provide training1 tools1 technical assistance1 and financial support to ,state and ,federal agencies that perform surveys of facilities for the purpose of improving the surveys conducted under subsection 7g7 and the enforcement process under subsection 7h7 with respect to the areas reviewed under paragraph 7#b74 4 #cjgbj4 ,nurse staffing requirements ,section #ahai7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;d77 is amended-- 7#a7 in paragraph 7#d77;,a71 by inserting and any regulations promulgated under paragraph 7#e77;,c7 after section #aabd2 and 7#b7 by adding at the end the following new paragraph3 7#e7 ,nurse staffing requirements 7,a7 ,funding ,there is appropriated to the ,secretary1 out of any monies in the ,treasury not otherwise appropriated1 #ej1jjj1jjj for fiscal year #bjbb1 to remain available through fiscal year #bjca1 for purposes of carrying out this paragraph4 7,b7 ,study ,not later than #c years after the date of the enactment of this paragraph1 and not less frequently than once every #e years thereafter1 the ,secretary shall1 out of funds appropriated under subparagraph 7,a71 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 facilities4 ,each such report shall include-- 7i7 with respect to the first such report1 recommendations regarding appropriate minimum ratios of registered nurses 7and1 if practicable1 licensed practical nurses 7or licensed vocational nurses7 and certified nursing assistants7 to residents at such skilled nursing facilities2 and 7ii7 with respect to each subsequent such report1 recommendations regarding appropriate minimum ratios of registered nurses1 licensed practical nurses 7or licensed vocational nurses71 and certified nursing assistants to residents at such skilled nursing facilities4 7,c7 ,promulgation of regulations 7i7 ,in general ,not later than #a year after the ,secretary first submits a report under subparagraph 7,b71 the ,secretary shall1 out of funds appropriated under subparagraph 7,a7-- 7,i7 specify through regulations1 consistent with such report1 appropriate minimum ratios 7if any7 of registered nurses 7and1 if practicable1 licensed practical nurses 7or licensed vocational nurses7 and certified nursing assistants7 to residents at skilled nursing facilities2 and 7,,ii7 except as provided in clause 7ii71 require such skilled nursing facilities to comply with such ratios4 7ii7 ,exception 7,i7 ,in general ,in addition to the authority to waive the application of clause 7i77,,ii7 under section #aace1 the ,secretary may waive the application of such clause with respect to a skilled nursing facility if the ,secretary finds that-- 7aa7 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 therein2 7bb7 the ,secretary provides notice of the waiver to the ,state long-term care ombudsman 7established under section #cjg7;a77#ab7 of the ,older ,americans ,act of #aife7 and the protection and advocacy system in the ,state for the mentally ill2 and 7cc7 the facility that is granted such a waiver notifies residents of the facility 7or1 where appropriate1 the guardians or legal representatives of such residents7 and members of their immediate families of the waiver4 7,,ii7 ,renewal ,any waiver in effect under this clause shall be subject to annual renewal4 7iii7 ,update ,not later than #a year after the submission of each subsequent report under subparagraph 7,b71 the ,secretary shall1 out of funds appropriated under subparagraph 7,a7 and consistent with such report1 update the regulations described in clause 7i77,i7 to reflect appropriate minimum ratios 7if any7 of registered nurses1 licensed practical nurses 7or licensed vocational nurses71 and certified nursing assistants to residents at skilled nursing facilities4 4 #b ,expanding ,access to ,maternal ,health #cjgba4 ,extending continuous coverage for pregnant and postpartum individuals 7a7 ,medicaid 7#a7 ,requiring full benefits for pregnant and postpartum individuals for #ab-month period post pregnancy 7,a7 ,in general ,paragraph 7#e7 of section #aijb7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7e77 is amended-- 7i7 by striking 7#e7 ,a woman who and inserting 7#e77;,a7 ,for any fiscal year quarter 7beginning 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 ,s4 ,con4 ,res4 #ad7 with respect to which subparagraph 7,b7 does not apply1 an individual who2 and 7ii7 by adding at the end the following new subparagraph3 7,b7 ,for any fiscal year quarter 7beginning 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 ,s4 ,con4 ,res4 #ad71 any individual who1 while pregnant1 is eligible for and received medical assistance under the ,state plan or a waiver of such plan 7regardless of the basis for the individual's eligibility for medical assistance and including during a period of retroactive eligibility under subsection 7a77#cd771 shall remain eligible1 notwithstanding section #aiaf7;c77#c7 or any other limitation under this title1 for medical assistance through the end of the month in which the #ab-month period 7beginning on the last day of pregnancy of the individual7 ends1 and such medical assistance shall be in accordance with clauses 7i7 and 7ii7 of paragraph 7#af77;,b74 4 7,b7 ,conforming amendments ,title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif through #acifw-#f7 is amended-- 7i7 in section #aijb7;a77#aj71 in the matter following subparagraph 7,g71 by striking 7,,vii7 the medical assistance and all that follows through 1 7,,viii7 and inserting 7,,viii72 7ii7 in section #aijb7;e77#f71 by striking ,in the case of and inserting ,for any fiscal year quarter with respect to which paragraph 7#e77;,b7 does not apply1 in the case of2 7iii7 in section #aijb7l77#a77;,a71 by striking #fj-;day period and inserting #ab-month period 7or1 for any fiscal year quarter with respect to which subsection 7e77#e77;,b7 does not apply and for which the ,state has not adopted the option under section #aijb7;e77#af77;,a71 #fj-;day period72 7iv7 in section #aijc7v77#d7-- 7,i7 in subparagraph 7,a77i71 by striking the #fj-;day period and inserting the applicable period 7as described in subparagraph 7,d772 7,,ii7 in subparagraph 7,a77ii71 by striking the period and inserting 1 and1 in the case of such an individual who is or becomes pregnant1 such individual 7regardless of age7 during pregnancy and during the applicable period 7as described in subparagraph 7,d7742 7,,iii7 by adding at the end the following new subparagraph3 7,d7 ,for purposes of subparagraph 7,a71 the applicable period described in this subparagraph is-- 7i7 beginning with the first fiscal year quarter that begins one year after the date of the enactment of the ,american ,rescue ,plan ,act of #bjba1 for a ,state that has adopted the option under section #aijb7;e77#af77;,a71 the #ab-month period2 2 and 7,,iv7 in the subparagraph 7,d7 added by subclause 7,,iii71 by adding at the end the following new clauses3 7ii7 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 ,s4 ,con4 ,res4 #ad1 the #ab-month period2 and 7iii7 for any fiscal year quarter 7beginning with such first fiscal year quarter7 with respect to which section #aijb7;e77#e77;,b7 does not apply and for which the ,state has not adopted the option under section #aijb7;e77#af77;,a71 the #fj-;day period4 2 7v7 in section #aije7;a71 in the #dth sentence in the matter following paragraph 7#ca71 by striking #fj-;day period and inserting #ab-month period 7or1 for any fiscal year quarter with respect to which section #aijb7;e77#e77;,b7 does not apply and for which the ,state has not adopted the option under section #aijb7;e77#af77;,a71 #fj-;day period72 and 7vi7 in section #aije7y71 by adding at the end the following new paragraph3 7#c7 ,treatment for certain indviduals ,notwithstanding paragraphs 7#a7 and 7#b71 section #aijb7;a77#aj77;,a77i77,,iii71 and section #aijb7;a77#aj77;,a77i77,,iv71 the term newly eligible in paragraph 7#b77;,a7 and the phrase newly eligible individuals described in subclause 7,,viii7 of section #aijb7;a77#aj77;,a77i7 in paragraph 7#a7 shall apply to individuals who but for the amendments made by section #cjgba7;a7 of the ,act titled #8,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad' would be eligible under the ,state plan 7or waiver7 for medical assistance under section #aijb7;a77#aj77;,a77i77,,viii7 for the period beginning on the first day occurring after the end of such #fj-;day period and ending on the last day of the month in which the #ab-month period 7beginning on the last day of the pregnancy7 ends4 4 7#b7 ,transition from ,state option 7,a7 ,in general ,section #aijb7;e77#af77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7e77#af77;,a77 is amended by striking ,at the option of the ,state and inserting ,for any fiscal year quarter with respect to which paragraph 7#e77;,b7 does not apply1 at the option of the ,state4 7,b7 ,conforming amendment ,section #ihab7;b7 of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b7 is amended by striking during the #e-year period4 7#c7 ,effective date 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the amendments made by this paragraph shall take effect on the #ast day of the #ast 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 date4 7,b7 ,exception for certain ,american ,rescue ,plan ,act of #bjba conforming amendments ,the amendments made by subclauses 7,i71 7,,ii71 and 7,,iii7 of paragraph 7#a77;,b77iv7 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 #bjba and shall apply with respect to medical assistance provided on or after such date4 7,c7 ,exception for ,state legislation ,in the case of a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif through #acifw-#f7 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 subsection1 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 ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session shall be considered to be a separate regular session of the ,state legislature4 7b7 ,,chip 7#a7 ,requiring full benefits for pregnant and postpartum women for #ab-month period post pregnancy 7,a7 ,in general ,section #bajg7;e77#a77;,j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;gg7e77#a77;,j77 is amended-- 7i7 by striking ,paragraphs 7#e7 and 7#af7 and inserting 7i7 ,for any fiscal year quarter with respect to which paragraph 7#e77;,b7 of section #aijb7;e7 does not apply1 paragraphs 7#e77;,a7 and 7#af7 of such section2 and 7ii7 by adding at the end the following new clause3 7ii7 ,for any fiscal year quarter 7beginning 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 ,s4 ,con4 ,res4 #ad71 section #aijb7;e77#e77;,b7 7requiring1 notwithstanding section #bajc7;e77#c77;,c77ii77,i7 or any other limitation under this title1 continuous coverage for pregnant and postpartum individuals1 including #ab months postpartum1 of medical assistance7 if the ,state provides child health assistance to targeted low-income children or pregnancy-related assistance to targeted low-income pregnant women1 under the ,state child health plan or waiver1 including coverage of all items or services provided to a targeted low-income child or targeted low-income pregnant woman 7as applicable7 under the ,state child health plan or waiver74 4 7,b7 ,conforming amendments ,section #baab of the ,social ,security ,act 7#db ,u4,s4,c4 #acigll7 is amended-- 7i7 in subsection 7d7-- 7,i7 in paragraph 7#a71 by inserting and includes1 through application of section #aijb7;e77#e77;,b7 pursuant to section #bajg7;e77#a77;,j77ii71 continuous coverage for pregnant and postpartum individuals1 including #ab months postpartum before the period at the end2 and 7,,ii7 in paragraph 7#b77;,a71 by striking #fj-;day period and all that follows through ends and inserting #ab-month period 7or1 for any fiscal year quarter with respect to which section #bajg7;e77#a77;,j77ii7 does not apply and for which the ,state has not adopted the option under section #aijb7;e77#af77;,a71 #fj-;day period7 ends2 and 7ii7 in subsection 7f77#b71 by striking #fj-;day period and inserting #ab-month period 7or1 for any fiscal year quarter 7beginning 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 ,s4 ,con4 ,res4 #ad7 with respect to which section #bajg7;e77#a77;,j77ii7 does not apply and for which the ,state has not adopted the option under section #aijb7;e77#af77;,a71 #fj-;day period74 7#b7 ,transition from ,state plan option ,section #ihbb7;b7 of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b7 is amended by striking 1 during the #e-year period4 7#c7 ,effective date 7,a7 ,in general ,subject to subparagraph 7,b71 the amendments made by this subsection shall take effect on the #ast day of the #ast 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 assistance1 as applicable1 provided on or after such date4 7,b7 ,exception for ,state legislation ,in the case of a ,state child health plan under title ,,xxi of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;aa through #acigmm7 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 subsection1 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 ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session shall be considered to be a separate regular session of the ,state legislature4 #cjgbb4 ,state option to provide coordinated care through a maternal health home for pregnant and postpartum individuals ,title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended by inserting after section #aide;,a the following new section3 #aide;,b4 ,state option to provide coordinated care through a maternal health home for pregnant and postpartum individuals 7a7 ,in general ,notwithstanding section #aijb7;a77#a7 7relating to statewideness7 and section #aijb7;a77#aj77;,b7 7relating to comparability71 beginning #bd months after the date of enactment of this section1 a ,state1 at its option as a ,state plan amendment1 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 provider1 a team of health professionals operating with such a provider1 or a health team4 7b7 ,maternal health home qualification standards ,a maternal health home under this section shall demonstrate to the ,state the ability to do the following3 7#a7 ,develop an individualized comprehensive care plan for each eligible individual1 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 choices1 including-- 7,a7 primary care2 7,b7 inpatient care2 7,c7 social support services2 7,d7 local hospital emergency care2 7,e7 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 needed2 and 7,f7 behavioral health services4 7#b7 ,coordinate all necessary services to support prenatal1 labor and delivery1 and postpartum care for eligible individuals4 7#c7 ,coordinate access to specialists1 behavioral health providers1 early intervention services1 and pediatricians4 7#d7 ,collect and report information under subsection 7d74 7c7 ,payments 7#a7 ,in general ,a ,state shall provide a designated provider1 a team of health professionals operating with such a provider1 or a health team with payments for the provision of maternal health home services to each eligible individual enrolled in a maternal health home4 ,payments for maternal health home services made to a designated provider1 a team of health professionals operating with such a provider1 or a health team shall be treated as payments for medical assistance for purposes of section #aijc7;a71 except that1 during the first #h fiscal quarters that the ,state plan amendment is in effect1 the ,federal medical assistance percentage otherwise applicable to such payments shall be increased by #ae percentage points1 not to exceed #ij percent4 7#b7 ,methodology 7,a7 ,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 services4 ,such methodology for determining payment-- 7i7 may be tiered or adjusted to reflect1 with respect to each individual provided such services by a designated provider1 a team of health care professionals operating with such a provider1 or a health team1 the acuity of each individual receiving care1 or the specific capabilities of the provider1 team of health care providers1 or health team2 and 7ii7 shall be established consistent with section #aijb7;a77#cj77;,a74 7,b7 ,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 model1 and may provide for alternate models of payment that reflect the needs of a ,state1 subject to the approval of the ,secretary4 7#c7 ,planning grants 7,a7 ,in general ,beginning #ab months after the date of enactment of this section1 the ,secretary may award planning grants to ,states for purposes of developing a ,state plan amendment under this section4 ,a planning grant awarded to a ,state under this paragraph shall remain available until expended4 7,b7 ,state contribution ,a ,state awarded a planning grant shall contribute an amount equal to the ,state percentage determined under section #aije7;b7 for each fiscal year for which the grant is awarded4 7,c7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until expended1 to carry out this paragraph1 #e1jjj1jjj for awarding grants under this section4 7d7 ,data collection and reporting 7#a7 ,provider reporting requirements 7,a7 ,in general ,in order to receive payments from a ,state under subsection 7c71 a designated provider1 a team of health professionals operating with such a provider1 or a health team shall report to the ,state1 in accordance with such requirements as the ,secretary shall specify1 the following3 7i7 ,with respect to each such designated provider1 team of health professionals1 or health team1 the name1 national provider identification number1 address1 and specific maternal health home services offered to be provided to eligible individuals who have selected such designated provider1 team of health professionals1 or health team as the maternal health home of such eligible individuals4 7ii7 ,information on all applicable measures for determining the quality of maternal health home services provided by such designated provider1 team of health professionals1 or health team1 including1 to the extent applicable1 the core set of child health quality measures published under section #aaci;,a1 the core set of adult health quality measures for ,medicaid eligible adults published under section #aaci;,b1 and maternal health quality measures4 7,b7 ,use of health information technology ,a designated provider1 a team of health professionals operating with such a provider1 or a health team shall use1 to the extent practicable1 health information technology to provide a ,state with the information required under subparagraph 7,a7 and to improve care coordination for eligible individuals1 such as by-- 7i7 facilitating the review of person-centered care plans2 7ii7 monitoring service delivery and identifying gaps in treatment2 and 7iii7 communicating with eligible individuals and with primary1 behavioral health and specialty care providers4 7#b7 ,state reporting requirements ,a ,state with a ,state plan amendment approved under this section shall collect and report to the ,secretary1 at such time and in such form and manner as required by the ,secretary1 the following information3 7,a7 ,the number of maternal health homes in a ,state in which individuals are enrolled pursuant to a ,state plan amendment under this section4 7,b7 ,the number of individuals served who selected a maternal health home1 disaggregated by race and ethnicity1 pursuant to a ,state plan amendment under this section4 7,c7 ,information on the quality measures applicable for maternal health home services1 including1 to the extent applicable1 the core set of child health quality measures published under section #aaci;,a1 and the core set of adult health quality measures for ,medicaid eligible adults published under section #aaci;,b1 and maternal health quality measures4 7,d7 ,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 section4 7,e7 ,the number and characteristics of designated providers1 teams of health professionals1 and health teams selected as maternal health homes pursuant to a ,state plan amendment under this section4 7,f7 ,information on hospitalizations1 morbidity1 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 committee4 7,g7 ,a report on best practices for effective strategies in coordinating care to support access to comprehensive maternal health services4 7,h7 ,information reported to the ,state under paragraph 7#a74 7e7 ,state plan amendment 7#a7 ,in general ,a ,state plan amendment submitted pursuant to this section shall include-- 7,a7 eligibility criteria for maternal health homes2 7,b7 services available to eligible individuals through the maternal health home2 7,c7 a description of providers that may provide care through a maternal health home1 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 individuals2 and 7,d7 reimbursement methodologies 7as described in subsection 7c77#b774 7#b7 ,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 7or a waiver of such plan7 to establish procedures for1 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 hospital1 notifying the health home of such individual of such treatment4 7#c7 ,education with respect to availability of maternal health home services ,in order for a ,state plan amendment to be approved under this section1 a ,state shall include in the ,state plan amendment-- 7,a7 a description of the ,state's process for educating providers participating in the ,state plan 7or a waiver of such plan7 on the availability of maternal health home services1 including the process by which such providers can refer individuals to a designated provider1 team of health care professionals operating such a provider1 or health team for the purpose of establishing a maternal health home through which such individuals may receive such services2 and 7,b7 a description of the ,state's process for educating individuals on the availability of such services4 7#d7 ,confidentiality ,a ,state with a ,state plan amendment approved under this section shall establish confidentiality protections to ensure1 at a minimum1 that the ,state does not disclose any identifying information with respect to any specific mortality case 7including pursuant to the reporting of information required under subsection 7d77#b77;,f774 7f7 ,rule of construction ,nothing in this section shall be construed-- 7#a7 to require an eligible individual to enroll in1 or prohibit an eligible individual from disenrolling at any time from1 a maternal health home under this section2 or 7#b7 to require a designated provider1 team of health professionals1 or health team to act as a maternal health home and provide services in accordance with this section if the designated provider1 team of health professionals1 or health team does not voluntarily agree to act as a maternal health home4 7g7 ,definitions ,in this section3 7#a7 ,designated provider ,the term designated provider means a physician1 clinical practice or clinical group practice1 rural health clinic1 freestanding birth center1 community health center1 obstetrician gynecologist1 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 ,midwives1 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 home4 7#b7 ,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-- 7,a7 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 #ab-month period 7beginning on the last day of the pregnancy of the individual7 ends 7or1 if the ,state provides for a longer period of postpartum coverage period under such plan or waiver1 on the last day of such longer period72 and 7,b7 is not enrolled in a health home under section #aide or #aide;,a4 7#c7 ,health team ,the term health team has the meaning given such term for purposes of section #cejb of ,public ,law #aaa-adh4 7#d7 ,maternal health home ,the term maternal health home means a designated provider 7including a provider that operates in coordination with a team of health care professionals71 or a health team selected by a ,state to provide maternal health home services to pregnant and postpartum individuals4 7#e7 ,maternal health home services 7,a7 ,in general ,the term maternal health home services means comprehensive and timely high-quality services described in subparagraph 7,b7 that are provided by a designated provider1 a team of health professionals operating with such a provider1 or a health team4 7,b7 ,services described ,the services described in this subparagraph shall include-- 7i7 a standardized risk assessment for all participants to determine needs2 7ii7 comprehensive care management2 7iii7 care coordination and health promotion2 7iv7 comprehensive transitional care1 including arranging appropriate follow-up1 for individuals transitioning from inpatient care to other settings2 7v7 individual and family support 7including authorized representatives72 7vi7 making referrals to other medical1 community1 and social support services1 if relevant2 and 7vii7 the use of health information technology to link services and coordinate care1 to the extent practicable4 7#f7 ,standardized risk assessment ,the term standardized risk assessment means an assessment to determine the needs of an eligible individual1 and shall include an assessment of medical1 obstetric1 behavioral health1 and social needs performed at the initial prenatal or postpartum visit4 7#g7 ,team of health professionals ,the term team of health professionals means a team of health professionals 7as described in the ,state plan amendment under this section7 that may-- 7,a7 include physicians1 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 ,midwives1 nurses1 nurse care coordinators1 nutritionists1 social workers1 doulas1 behavioral health professionals1 community health workers1 translators and interpreters1 and other professionals determined to be appropriate by the ,state2 7,b7 a health care entity or individual who is designated to coordinate such a team2 and 7,c7 provide care at a facility that is freestanding1 virtual1 or based at a hospital1 freestanding birth center1 community health center1 community mental health center1 rural clinic1 clinical practice or clinical group practice1 academic health center1 children's hospital1 or any health care entity determined to be appropriate by the ,state and approved by the ,secretary4 4 #c ,territories #cjgca4 ,increasing ,medicaid cap amounts and the ,federal medical assistance percentage for the territories 7a7 ,cap amount adjustments ,section #aajh7;g77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acjh7;g77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i7-- 7i7 by striking except as provided in clause 7ii7 and inserting for each of fiscal years #aiii through #bjai2 and 7ii7 by striking and at the end2 and 7,b7 by adding at the end the following new clauses3 7iii7 for fiscal year #bjbb1 #c1fjj1jjj1jjj2 and 7iv7 for fiscal year #bjbc and each subsequent year1 the sum of the amount provided in this subsection for the preceding fiscal year1 increased by the percentage increase1 if any1 in ,medicaid spending under title ,,xix during the preceding year 7as determined based on the most recent ,national ,health ,expenditure data with respect to such year71 rounded to the nearest #ajj1jjj2 2 7#b7 in subparagraph 7,b7-- 7,a7 in clause 7i71 by striking except as provided in clause 7ii71 and inserting for each of fiscal years #aiii through #bjai12 7,b7 in clause 7ii71 by striking and at the end2 7,c7 by adding at the end the following3 7iv7 for fiscal year #bjbb1 #ace1jjj1jjj2 and 7v7 for fiscal year #bjbc and each subsequent year1 the sum of the amount provided in this subsection for the preceding fiscal year1 increased by the percentage increase described in subparagraph 7,a77iv7 for the preceding year1 rounded to the nearest #aj1jjj2 2 7#c7 in subparagraph 7,c7-- 7,a7 in clause 7i71 by striking except as provided in clause 7ii71 and inserting for each of fiscal years #aiii through #bjai12 7,b7 in clause 7ii71 by striking and at the end2 7,c7 by adding at the end the following3 7iv7 for fiscal year #bjbb1 #adj1jjj1jjj2 and 7v7 for fiscal year #bjbc and each subsequent year1 the sum of the amount provided in this subsection for the preceding fiscal year1 increased by the percentage increase described in subparagraph 7,a77iv7 for the preceding year1 rounded to the nearest #aj1jjj2 2 7#d7 in subparagraph 7,d7-- 7,a7 in clause 7i71 by striking except as provided in clause 7ii71 and inserting for each of fiscal years #aiii through #bjai12 7,b7 in clause 7ii71 by striking and at the end2 7,c7 in clause 7iii71 by striking and at the end2 and 7,d7 by adding at the end the following new clauses3 7iv7 for fiscal year #bjbb1 #gj1jjj1jjj2 and 7v7 for fiscal year #bjbc and each subsequent year1 the sum of the amount provided in this subsection for the preceding fiscal year1 increased by the percentage increase described in subparagraph 7,a77iv7 for the preceding year1 rounded to the nearest #aj1jjj2 and 2 7#e7 in subparagraph 7,e7-- 7,a7 in clause 7i71 by striking except as provided in clause 7ii71 and inserting for each of fiscal years #aiii through #bjai12 7,b7 in clause 7ii71 by striking and at the end2 7,c7 in clause 7iii71 by striking the period and inserting a semicolon2 and 7,d7 by adding at the end the following3 7iv7 for fiscal year #bjbb1 #ij1jjj1jjj2 and 7v7 for fiscal year #bjbc and each subsequent year1 the sum of the amount provided in this subsection for the preceding fiscal year1 increased by the percentage increase described in subparagraph 7,a77iv7 for the preceding year1 rounded to the nearest #aj1jjj4 2 and 7#f7 by striking the flush matter following subparagraph 7,e74 7b7 ,,fmap adjustments ,section #aije7;ff7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7ff77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and adjusting the margins accordingly2 7#b7 by striking ,notwithstanding and inserting the following3 7#a7 ,in general ,notwithstanding 2 7#c7 in paragraph 7#a71 as so inserted-- 7,a7 in the matter preceding subparagraph 7,a71 as so redesignated1 by inserting paragraph 7#b7 and after subject to2 7,b7 in subparagraph 7,b71 as so redesignated-- 7i7 by striking ,december #c1 #bjba1 and inserting ,september #cj1 #bjba2 and 7ii7 by striking and at the end2 7,c7 in subparagraph 7,c71 as so redesignated1 by striking ,december #c1 #bjba1 and inserting ,september #cj1 #bjba2 7,d7 by adding at the end the following3 7,d7 for fiscal year #bjbb and each subsequent fiscal year1 the ,federal medical assistance percentage for the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa shall be equal to #hc percent2 7,e7 for fiscal year #bjbb1 the ,federal medical assistance percentage for ,puerto ,rico shall be equal to #gf percent2 and 7,f7 for fiscal year #bjbc and each subsequent fiscal year1 the ,federal medical assistance percentage for ,puerto ,rico shall be equal to #hc percent4 2 and 7#d7 by adding at the end the following new paragraph3 7#b7 ,special rule for ,puerto ,rico relating to establishing a payment floor 7,a7 ,in general ,for each fiscal quarter 7beginning with the first fiscal quarter beginning on or after the date of the enactment of this paragraph71 ,puerto ,rico's ,state plan 7or waiver of such plan7 shall establish a reimbursement floor1 implemented through a directed payment arrangement plan1 for physician services that are covered under the ,medicare part ,b fee schedule in the ,puerto ,rico locality established under section #ahdh7;b7 that is not less than #gj percent of the payment that would apply to such services if they were furnished under part ,b of title ,,xviii during such fiscal quarter4 7,b7 ,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 7,a7 for a fiscal quarter occurring during fiscal year #bjbb or a subsequent fiscal year-- 7i7 the ,secretary shall disregard payments made under sub-capitated arrangements for services such as primary care case management2 and 7ii7 if the reimbursement floor for physician services applicable under a managed care contract satisfies the requirements of subparagraph 7,a7 for a fiscal quarter occurring during a year in which the contract is entered into or renewed1 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 year4 7,c7 ,,fmap reduction for failure to establish payment floor 7i7 ,in general ,in the case that the ,secretary determines that ,puerto ,rico has failed to meet the requirement of subparagraph 7,a7 with respect to a fiscal quarter1 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 7ii74 7ii7 ,applicable number of percentage points ,for purposes of clause 7i71 the applicable number of percentage points described in this clause is1 with respect to a fiscal quarter1 the following3 7,i7 ,in the case no reduction was made under this subparagraph for the preceding fiscal quarter1 #j4e percentage points4 7,,ii7 ,in the case a reduction was made under this subparagraph for the preceding fiscal quarter1 the number of percentage points of such reduction for such preceding fiscal quarter1 plus #j4be percentage points1 except that in no case may the application of this subclause result in a reduction of more than #e percentage points4 4 #d ,other ,medicaid #cjgda4 ,investments to ensure continued access to health care for children and other individuals 7a7 ,providing for #a year of continuous eligibility for children 7#a7 ,under the ,medicaid program 7,a7 ,in general ,section #aijb7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7e77 is amended-- 7i7 in paragraph 7#ab71 by inserting before the date that is one year after the date of the enactment of paragraph 7#ag7 after subsection 7a77#aj77;,a72 and 7ii7 by adding at the end following new paragraph3 7#ag7 #a year of continuous eligibility for children ,the ,state plan 7or waiver of such ,state plan7 shall provide that an individual who is under the age of #ai and who is determined to be eligible for benefits under a ,state plan 7or waiver of such plan7 approved under subsection 7a77#aj77;,a7 shall remain eligible for such benefits until the earlier of-- 7,a7 the end of the #ab-month period beginning on the date of such determination2 7,b7 the time that such individual attains the age of #ai2 or 7,c7 the date that such individual ceases to be a resident of such ,state4 4 7,b7 ,effective date 7i7 ,in general ,subject to clause 7ii71 the amendments made by subparagraph 7,a77ii7 shall take effect one year after the date of enactment of this ,act4 7ii7 ,exception for ,state legislation ,in the case of a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif through #acifw-#f7 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 7,a77ii71 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 ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session shall be considered to be a separate regular session of the ,state legislature4 7#b7 ,under the children's health insurance program ,section #bajg7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;gg7e77#a77 is amended-- 7,a7 by redesignating subparagraphs 7,k7 through 7,t7 as subparagraphs 7,l7 through 7,u71 respectively2 and 7,b7 by inserting after subparagraph 7,j7 the following new subparagraph3 7,k7 ,section #aijb7;e77#ag7 7relating to #a year of continuous eligibility for children74 4 7b7 ,revisions to temporary increase of ,medicaid ,,fmap under the ,families ,first ,coronavirus ,response ,act ,section #fjjh of the ,families ,first ,coronavirus ,response ,act 7#db ,u4,s4,c4 #acif;d note7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,in general4--,subject to and inserting ,temporary increase4-- 7#a7 ,in general ,subject to 2 7,b7 in the paragraph 7#a7 inserted by subparagraph 7,a7-- 7i7 by striking the last day of the calendar quarter in which the last day of such emergency period occurs and inserting ,september #cj1 #bjbb2 and 7ii7 by striking #f4b percentage points and inserting the number of percentage points specified in paragraph 7#b7 with respect to such calendar quarter2 and 7,c7 by adding at the end the following new paragraph3 7#b7 ,percentage points specified ,for purposes of paragraph 7#a71 the number of percentage points specified in this paragraph is-- 7,a7 #f4b percentage points with respect to each calendar quarter occurring during the period beginning on the first day of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77 and ending ,march #ca1 #bjbb2 7,b7 #c4j percentage points with respect to the calendar quarter beginning on ,april #a1 #bjbb1 and ending on ,june #cj1 #bjbb2 and 7,c7 #a4e percentage points with respect to the calendar quarter beginning on ,july #a1 #bjbb1 and ending on ,september #cj1 #bjbb4 2 7#b7 in subsection 7b77#c7-- 7,a7 by striking the ,state fails and inserting subject to subsection 7f71 the ,state fails2 7,b7 by striking and ending the last day of the month in which the emergency period described in subsection 7a7 ends and inserting and ending on ,march #ca1 #bjbb12 and 7,c7 by striking through the end of the month in which such emergency period ends and inserting through ,september #cj1 #bjbb12 and 7#c7 by adding at the end the following new subsection3 7f7 ,special rule for enrollments as of ,april #a1 #bjbb ,for calendar quarters during the period described in subsection 7a7 that begin on or after ,april #a1 #bjbb1 a ,state described in such subsection may1 in accordance with paragraph 7#c71 terminate coverage for an individual who is determined to be no longer eligible for medical assistance and who has been enrolled for at least #ab consecutive months under the ,state plan of such ,state under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif7 7or waiver of such plan71 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 7b77#c71 if the ,state1 with respect to such terminations of coverage conducted through ,september #cj1 #bjbb1 for such individuals1 is in compliance with each of the following3 7#a7 ,the ,state shall conduct such eligibility redeterminations1 with respect to such an individual1 in accordance with the provisions of section #dce4iaf of title #db of the ,code of ,federal ,regulations 7or any successor regulation7 and the provisions of section #aidc of the ,social ,security ,act1 as applicable4 7#b7 ,prior to terminating coverage for an individual1 the ,state shall undertake a good faith effort to ensure that the ,state has contact information 7including an up-to-date mailing address1 phone number1 or email address7 for such individuals by coordinating with ,medicaid managed care organizations 7where applicable71 and other applicable ,state health and human services agencies4 7#c7 ,the ,state may not disenroll from the ,state plan 7or waiver7 such an individual determined ineligible pursuant to such a redetermination for medical assistance under the ,state plan 7or waiver7 on the basis of returned mail unless-- 7,a7 there have been at least two failed attempts to contact such individual through at least #b modalities2 and 7,b7 after the second attempt1 the individual had #cj days notice1 through at least #b modalities1 before such disenrollment takes effect4 7#d7 ,the ,state may not initiate eligibility redeterminations for more than #a_/ab of individuals enrolled in the ,state plan 7or waiver7 with respect to any month during the period beginning on ,april #a1 #bjbb1 and ending on ,september #cj1 #bjbb4 7#e7 ,the ,state shall submit to the ,secretary monthly reports during the period described in subsection 7a7 that begin on or after ,april #a1 #bjbb which the ,state receives an increase pursuant to such subsection period on the activities of the ,state1 including1 with respect to the period for which the report is submitted-- 7,a7 the number of eligibility renewals initiated1 beneficiaries renewed1 and individuals whose eligibility was terminated2 7,b7 the number of such cases in which eligibility for medical assistance under the ,state plan 7or waiver7 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 determination2 7,c7 the number of such cases in which eligibility for medical assistance under the ,state plan 7or waiver7 were so terminated pursuant to such a redetermination due to a known change in circumstance2 7,d7 the number of individuals whose coverage was terminated pursuant to such a redetermination whose accounts were1 during such period1 transitioned to the ,exchange1 ,,chip1 or basic health program2 and 7,e7 with respect to eligibility redeterminations1 the daily average volume1 wait times1 and abandonment rate 7as determined by the ,secretary7 for each call center during such month4 4 7c7 ,medical assistance under ,medicaid for inmates during #cj-;day period preceding release 7#a7 ,in general ,the subdivision 7,a7 following paragraph 7#ca7 of section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77 is amended by inserting and1 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 ,s4 ,con4 ,res4 #ad1 except during the #cj-;day period preceding the date of release of an inmate of a public institution after medical institution4 7#b7 ,conforming amendments in title ,,xix ,section #aijb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77 is amended-- 7,a7 in paragraph 7#gd71 by striking at the end and2 and 7,b7 in paragraph 7#hd7-- 7i7 in subparagraph 7,a71 by inserting 1 except1 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 ,s4 ,con4 ,res4 #ad1 the ,state may not suspend coverage during the #cj-;day period preceding the date of release of the juvenile after during the period the juvenile is such an inmate2 and 7ii7 in subparagraph 7,c71 by striking upon release and inserting #cj days prior to release4 7#c7 ,conforming amendment in title ,,xxi ,section #baaj7;b77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;jj7b77#b77-- 7,a7 in subparagraph 7,a71 by striking at the end or2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 except1 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 ,s4 ,con4 ,res4 #ad1 except during the #cj-;day period preceding the date of release of such child from such public institution4 4 7d7 ,extension of certain provisions 7#a7 ,express lane eligibility option ,section #aijb7;e77#ac7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7e77#ac77 is amended by striking subparagraph 7,i74 7#b7 ,conforming amendments for assurance of affordability standard for children and families ,section #aijb7;gg77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7gg77#b77 is amended-- 7,a7 in the paragraph heading1 by striking through ,september #cj1 #bjbg2 and 7,b7 by striking through ,september #cj and all that follows through ends on ,september #cj1 #bjbg and inserting 7but beginning on ,october #a1 #bjai14 7e7 ,expansion of community mental health services demonstration program 7#a7 ,in general ,section #bbc of the ,protecting ,access to ,medicare ,act of #bjad 7#db ,u4,s4,c4 #acif;a note7 is amended-- 7,a7 in subsection 7c71 by adding at the end the following new paragraph3 7#c7 ,additional planning grants ,in addition to the planning grants awarded under paragraph 7#a71 the ,secretary shall award planning grants to ,states 7other than ,states selected to conduct demonstration programs under paragraph 7#a7 or 7#h7 of subsection 7d77 for the purpose of developing proposals to participate in time-limited demonstration programs described in subsection 7d74 2 7,b7 in subsection 7d7-- 7i7 in paragraph 7#c71 by striking ,subject to paragraph 7#h7 and inserting ,subject to paragraphs 7#h7 and 7#i72 7ii7 in paragraph 7#e77;,c77iii77,,ii71 by inserting or paragraph 7#i7 after paragraph 7#h72 7iii7 in paragraph 7#g7-- 7,i7 in subparagraph 7,a71 by inserting through the year in which the last demonstration under this section ends after annually thereafter2 and 7,,ii7 in subparagraph 7,b7-- 7aa7 by striking ,december #ca1 #bjba and inserting ,march #ca1 #bjbf2 7bb7 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 modified42 and 7cc7 by adding at the end the following new sentence3 ,such recommendations shall be based on data collected from ,states selected to conduct demonstration programs under paragraph 7#a7 and1 to the extent available1 data collected from ,states selected to conduct demonstration programs under paragraphs 7#h7 and 7#i742 and 7iv7 by adding at the end the following new paragraph3 7#i7 ,further additional programs 7,a7 ,in general ,in addition to the ,states selected under paragraphs 7#a7 and 7#h7 and without regard to paragraph 7#d71 the ,secretary shall select any ,state that meets the requirements described in subparagraph 7,b7 to conduct a demonstration program that meets the requirements of this subsection for #b years4 7,b7 ,requirements ,the requirements described in this subparagraph with respect to a ,state are that the ,state-- 7i7 was awarded a planning grant under paragraph 7#a7 or 7#c7 of subsection 7c72 and 7ii7 submits an application 7in addition to any application that the ,state may have previously submitted under this section7 that meets the requirements of paragraph 7#b77;,b74 7,c7 ,requirements for selected ,states ,the requirements applicable to ,states selected under paragraph 7#h7 pursuant to subparagraph 7,c7 of such paragraph shall apply in the same manner to ,states selected under this paragraph4 2 7,c7 in subsection 7e71 by amending paragraph 7#d7 to read as follows3 7#d7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa4 2 and 7,d7 in subsection 7f77#a7-- 7i7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7ii7 in subparagraph 7,b71 by striking the period and inserting 1 and #dj1jjj1jjj for fiscal year #bjbb2 and2 and 7iii7 by adding at the end the following new subparagraph3 7,c7 for purposes of updating the criteria under subsection 7a7 as needed for certified community behavioral health clinics and carrying out subsections 7c77#c71 7d77#g71 and 7d77#i7 7including the provision of technical assistance to ,states applying for planning grants under subsection 7c77#c7 and conducting demonstration projects under this section71 #e1jjj1jjj for fiscal year #bjbb4 4 7#b7 ,exclusion of amounts attributable to increased ,,fmap from territorial caps ,section #aajh of the ,social ,security ,act 7#db ,u4,s4,c4 #acjh7 is amended-- 7,a7 in subsection 7f71 in the matter preceding paragraph 7#a71 by striking subsections 7g7 and 7h7 and inserting subsections 7g71 7h71 and 7i72 and 7,b7 by adding at the end the following3 7i7 ,exclusion from caps of amounts attributable to enhanced ,,fmap for community mental health services ,any additional amount paid to ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa for expenditures for medical assistance that is attributable to an enhanced ,federal medical assistance percentage applicable to such expenditures under section #bbc7;d77#e7 of the ,protecting ,access to ,medicare ,act of #bjad shall not be taken into account for purposes of applying payment limits under subsections 7f7 and 7g74 4 7f7 ,making permanent a ,state option to provide qualifying community-based mobile crisis intervention services ,section #aidg of the ,social ,security ,act 7#db ,u4,s4,c4 #acifw-#f7 is amended-- 7#a7 in subsection 7a71 by striking during the #e-year period2 7#b7 in subsection 7c71 by striking occurring during the period described in subsection 7a7 that a ,state and inserting in which a ,state provides medical assistance for qualifying community-based mobile crisis intervention services under this section and2 and 7#c7 in subsection 7d77#b7-- 7,a7 in subparagraph 7,a71 by striking for the fiscal year preceding the first fiscal quarter occurring during the period described in subsection 7a7 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 section2 and 7,b7 in subparagraph 7,b71 by striking occurring during the period described in subsection 7a7 and inserting occurring during a fiscal quarter4 7g7 ,extension of #ajj percent ,federal medical assistance percentage for ,urban ,indian ,health ,organizations and ,native ,hawaiian ,health ,care ,systems ,the third sentence of section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b77 is amended-- 7#a7 by striking for the #h fiscal year quarters beginning with the first fiscal year quarter beginning after the date of the enactment of the ,american ,rescue ,plan ,act of #bjba and inserting for the period of the #af fiscal year quarters that begins on ,april #a1 #bjba2 and 7#b7 by striking such #h fiscal year quarters and inserting such period of #af fiscal year quarters4 7h7 ,ensuring accurate payments to pharmacies under ,medicaid 7#a7 ,in general ,section #aibg7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;f77 is amended-- 7,a7 by striking and after the semicolon at the end of paragraph 7#a77;,a77i7 and all that precedes it through 7#a7 and inserting the following3 7#a7 ,determining pharmacy actual acquisition costs ,the ,secretary shall conduct a survey of retail community pharmacy drug prices in the #ej ,states and the ,district of ,columbia1 to determine the national average drug acquisition cost1 as follows3 7,a7 ,use of vendor ,the ,secretary may contract services for-- 7i7 with respect to retail community pharmacies1 the determination of retail survey prices of the national average drug acquisition cost for covered outpatient drugs based on a monthly survey of such pharmacies1 net of all discounts and rebates 7to the extent any information with respect to such discounts and rebates is available71 the average reimbursement received for such drugs by such pharmacies from all sources of payment and1 to the extent available1 the usual and customary charges to consumers for such drugs2 and 2 7,b7 by adding at the end of paragraph 7#a7 the following3 7,f7 ,survey reporting ,a ,state shall require that any retail community pharmacy in the ,state that receives any payment1 reimbursement1 administrative fee1 discount1 or rebate related to the dispensing of covered outpatient drugs to individuals receiving benefits under this title or title ,,xxi1 regardless of whether such payment1 fee1 discount1 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 7as such terms are defined in section #aijc7m77#i77;,d771 shall respond to surveys of retail prices conducted under this subsection with the specific information requested by the vendor4 7,g7 ,survey information ,information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following3 7i7 ,the monthly response rate of the survey1 including a list of pharmacies not in compliance with subparagraph 7,f7 and the identification numbers for such pharmacies4 7ii7 ,the sampling frame and number of pharmacies sampled monthly4 7iii7 ,characteristics of reporting pharmacies1 including type 7such as independent or chain71 geographic or regional location1 and dispensing volume4 7iv7 ,reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain pharmacies4 7v7 ,information on price concessions including on and off invoice discounts1 rebates1 and other price concessions4 7vi7 ,information on average professional dispensing fees paid4 7,h7 ,penalties 7i7 ,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 #aj1jjj for each day in which such information has not been provided4 ,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 basis4 7ii7 ,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 #ajj1jjj for each item of false information4 2 and 7,c7 in paragraph 7#d71 by inserting 1 and #g1jjj1jjj for fiscal year #bjbc and each fiscal year thereafter1 after #bjaj4 7#b7 ,condition for federal financial participation ,section #aijc7;i77#aj7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7i77#aj77 is amended-- 7,a7 in subparagraph 7,d71 by striking and after the semicolon2 7,b7 in subparagraph 7,e71 by striking or after the semicolon and inserting and2 and 7,c7 by inserting after subparagraph 7,e71 the following new subparagraph3 7,f7 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 #aibg7;f7 in accordance with paragraph 7#a77;,f7 of such section2 or 4 7#c7 ,effective date ,the amendments made by this section take effect on the #ast day of the #ast quarter that begins on or after the date that is #ah months after the date of enactment of this ,act4 7i7 ,funding for implementation and administration ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 for fiscal year #bjbb1 to be available until expended1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to provide technical assistance and guidance and cover administrative costs associated with implementing the amendments made by this part and part #b4 #e ,maintenance of ,effort #cjgea4 ,encouraging continued access after the end of the public health emergency ,section #fjjh of the ,families ,first ,coronavirus ,response ,act 7#db ,u4,s4,c4 #acif;d note71 as amended by section #cjgda7;b71 is further amended-- 7#a7 by redesignating the second subsection 7d7 added by section #aa of division ,x of ,public ,law #aaf-bfj as subsection 7e72 and 7#b7 by adding at the end the following new subsection3 7g7 ,encouraging continued access after the end of the public health emergency 7#a7 ,in general ,subject to paragraph 7#b71 if1 between ,october #a1 #bjbb and ,december #ca1 #bjbe1 a ,state puts into effect for any calendar quarter occurring during such period eligibility standards1 methodologies1 or procedures for individuals 7except individuals described in subparagraph 7,d7 of section #aijb7;e77#ad77 who are applying for or receiving medical assistance under the ,state plan of such ,state under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif through #acifw-#f7 7including any waiver under such title or section #aaae of such ,act 7#db ,u4,s4,c4 #acae77 that are more restrictive than the eligibility standards1 methodologies1 or procedures1 respectively1 under the ,state plan 7or waiver of such plan7 that are in effect on ,october #a1 #bjba1 the ,federal medical assistance percentage otherwise determined under section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b77 for that ,state shall be reduced by #c4a percentage points for such calendar quarter4 7#b7 ,nonapplication ,during the period described in paragraph 7#a71 at the option of the ,state1 the condition under such paragraph may not apply to the ,state with respect to nonpregnant1 nondisabled adults who are eligible for medical assistance under the ,state plan 7or waiver such plan7 whose income exceeds #acc percent of the poverty line 7as defined in section #baaj7;c77#e77 applicable to a family of the size involved if1 on or after ,december #ca1 #bjbb1 the ,state had certified or certifies to the ,secretary that1 with respect to the ,state fiscal year during which the certification is made1 the ,state has a budget deficit1 or with respect to the succeeding ,state fiscal year1 the ,state is projected to have a budget deficit4 ,upon submission of such a certification to the ,secretary1 the condition under paragraph 7#a7 shall not apply to the ,state with respect to any remaining portion of the period described in the preceding sentence4 4 ,g ,children's ,health ,insurance ,program #cjhja4 ,investments to strengthen ,,chip 7a7 ,permanent extension of children's health insurance program 7#a7 ,in general ,section #bajd7;a77#bh7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;dd7a77#bh77 is amended to read as follows3 7#bh7 for fiscal year #bjbg and each subsequent year1 such sums as are necessary to fund allotments to ,states under subsection 7m74 4 7#b7 ,allotments 7,a7 ,in general ,section #bajd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;dd7m77 is amended-- 7i7 in paragraph 7#b77;,b77i71 by striking 1 #bjbc1 and #bjbg and inserting and #bjbc2 7ii7 in paragraph 7#e7-- 7,i7 by striking 7#aj71 or 7#aa7 and inserting or 7#aj72 7,,ii7 by striking for a fiscal year and inserting for a fiscal year before #bjbg2 and 7,,iii7 by striking #bjbc1 or #bjbg and inserting or #bjbc2 7iii7 in paragraph 7#g7-- 7,i7 in subparagraph 7,a71 by striking and ending with fiscal year #bjbg12 and 7,,ii7 in the flush left matter at the end1 by striking or fiscal year #bjbf and inserting fiscal year #bjbf1 or a subsequent even-numbered fiscal year2 7iv7 in paragraph 7#i7-- 7,i7 by striking 7#aj71 or 7#aa7 and inserting or 7#aj72 and 7,,ii7 by striking #bjbc1 or #bjbg1 and inserting or #bjbc2 and 7v7 by striking paragraph 7#aa74 7,b7 ,conforming amendment ,section #ejaja7;b77#b7 of the ,bipartisan ,budget ,act of #bjah 7,public ,law #aae-abc7 is repealed4 7b7 ,other related ,,chip policies 7#a7 ,pediatric quality measures program ,section #aaci;,a7i77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#i;a7i77#a77 is amended-- 7,a7 in subparagraph 7,c71 by striking at the end and2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following new subparagraphs3 7,e7 for fiscal year #bjbh1 #ae1jjj1jjj for the purpose of carrying out this section 7other than subsections 7e71 7f71 and 7g772 and 7,f7 for each subsequent fiscal year1 the amount appropriated under this paragraph for the previous fiscal year1 increased by the percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average1 as published by the ,bureau of ,labor ,statistics7 rounded to the nearest #ajj1jjj over such previous fiscal year1 for the purpose of carrying out this section 7other than subsections 7e71 7f71 and 7g774 4 7#b7 ,assurance of eligibility standards for children ,section #baje7;d77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;ee7d77#c77 is amended-- 7,a7 in the paragraph heading1 by striking through ,september #cj1 #bjbg2 and 7,b7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i7-- 7,i7 by striking ,during the period that begins on the date of enactment of the ,patient ,protection and ,affordable ,care ,act and ends on ,september #cj1 #bjbg and inserting ,beginning on the date of the enactment of the ,patient ,protection and ,affordable ,care ,act2 7,,ii7 by striking ,during the period that begins on ,october #a1 #bjai1 and ends on ,september #cj1 #bjbg and inserting ,beginning on ,october #a1 #bjai2 and 7,,iii7 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 from2 7ii7 in clause 7i71 by striking the semicolon at the end and inserting a period2 7iii7 by striking clauses 7ii7 and 7iii72 and 7iv7 as amended by subclause 7i77,,iii71 by striking as preventing a ,state from and all that follows through applying eligibility standards and inserting as preventing a ,state from applying eligibility standards4 7#c7 ,qualifying ,states option ,section #baje7;g77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;ee7g77#d77 is amended-- 7,a7 in the paragraph heading1 by striking for fiscal years #bjji through #bjbg and inserting after fiscal year #bjjh2 and 7,b7 in subparagraph 7,a71 by striking for any of fiscal years #bjji through #bjbg and inserting for any fiscal year after fiscal year #bjjh4 7#d7 ,outreach and enrollment program ,section #baac of the ,social ,security ,act 7#db ,u4,s4,c4 #acigmm7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by striking during the period of fiscal years #bjji through #bjbg and inserting 1 beginning with fiscal year #bjji12 7ii7 in paragraph 7#b7-- 7,i7 by striking #aj percent of such amounts and inserting #aj percent of such amounts for the period or the fiscal year for which such amounts are appropriated2 and 7,,ii7 by striking during such period and inserting 1 during such period or such fiscal year12 and 7iii7 in paragraph 7#c71 by striking ,for the period of fiscal years #bjbd through #bjbg1 an amount equal to #aj percent of such amounts and inserting ,beginning with fiscal year #bjbd1 an amount equal to #aj percent of such amounts for the period or the fiscal year for which such amounts are appropriated2 and 7,b7 in subsection 7g7-- 7i7 by striking #bjag11 and inserting #bjag12 7ii7 by striking and #dh1jjj1jjj and inserting #dh1jjj1jjj2 and 7iii7 by inserting after through #bjbg the following3 1 #fj1jjj1jjj for fiscal years #bjbh1 #bjbi1 and #bjcj1 and for each #c fiscal years after fiscal year #bjcj1 the amount appropriated under this subsection for the previous fiscal year1 increased by the percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average1 as published by the ,bureau of ,labor ,statistics7 rounded to the nearest #ajj1jjj over such previous fiscal year4 7#e7 ,child enrollment contingency fund ,section #bajd7n7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;dd7n77 is amended-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77ii7-- 7,i7 by striking #bjbd through #bjbf and inserting beginning with fiscal year #bjbd2 and 7,,ii7 by striking #bjbc1 and #bjbg and inserting and #bjbc2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking #bjbd through #bjbf and inserting beginning with fiscal year #bjbd2 and 7,,ii7 by striking #bjbc1 and #bjbg and inserting and #bjbc2 and 7,b7 in paragraph 7#c77;,a7-- 7i7 by striking fiscal years #bjbd through #bjbf and inserting fiscal year #bjbd or any subsequent fiscal year2 and 7ii7 by striking #bjbc1 or #bjbg and inserting or #bjbc4 7c7 ,,chip drug rebates 7#a7 ,in general ,section #bajg of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;gg71 as amended by section #cjgba7;b77#b71 is further amended-- 7,a7 in subsection 7e77#a7 by adding at the end the following new subparagraph3 7,v7 ,beginning ,january #a1 #bjbd1 section #aibg1 in accordance with subsection 7h7 of this section1 with respect to covered outpatient drugs 7as defined in section #aibg7 for which child health assistance or pregnancy-related assistance 7as defined in section #baab7;d77#a77 is provided under the ,state child health plan1 including such drugs dispensed to individuals enrolled with a managed care organization that meets the requirements of subpart ,l of part #deg of title #db1 ,code of ,federal ,regulations 7or a successor regulation7 if the organization is responsible for coverage of such drugs4 2 and 7,b7 by adding at the end the following new subsection3 7h7 ,drug rebates ,for purposes of subsection 7e77#a77,v71 in applying section #aibg-- 7#a7 the ,secretary shall take such actions as are necessary and develop or adapt such processes and mechanisms as are necessary1 including to report and collect data to bill and track rebates under section #aibg1 as applied pursuant to subsection 7e77#a77,v7 for covered outpatient drugs 7as defined in such section #aibg7 for which child health assistance or pregnancy-related assistance 7as defined in section #baab7;d77#a77 is provided under the ,state child health plan2 7#b7 the requirements of such section #aibg shall apply to any drug or biological product described in paragraph 7#a77;,a7 of section #aije7;ee7 that is-- 7,a7 furnished as child health assistance or pregnancy-related assistance under the ,state child health plan2 and 7,b7 a covered outpatient drug 7as defined in section #aibg7k71 except that1 in applying paragraph 7#b77;,a7 of such section to a drug described in such paragraph 7#a77;,a7 of such section #aije7;ee71 such drug shall be deemed a prescribed drug for purposes of subsection 7a77#ab772 and 7#c7 in order for payment to be available under section #baje with respect to child health assistance or pregnancy-related assistance for covered outpatient drugs of a manufacturer1 the manufacturer must have entered into and have in effect a single rebate agreement to-- 7,a7 provide rebates under section #aibg to a ,state ,medicaid program under title ,,xix as well as a ,state program under this title2 and 7,b7 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 #aibg7;b7 to a ,state ,medicaid program under title ,,xix4 ,nothing in this subsection or subsection 7e77#a77,v7 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 effect4 4 7#b7 ,drug rebate conforming amendment ,section #aibg7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;a77#a77 is amended in the first sentence-- 7,a7 by striking or under part ,b of title ,,xviii and inserting 1 under part ,b of title ,,xviii1 or1 beginning with the first full calendar quarter with respect to which section #bajg7;e77#a77,v7 applies1 under section #baje with respect to child health assistance or pregnancy-related assistance under title ,,xxi2 7,b7 by striking a rebate agreement described in subsection 7b7 and inserting a single rebate agreement described in subsection 7b7 with respect to payment under section #aijc7;a7 and1 beginning ,january #a1 #bjbd1 title ,,xxi12 and 7,c7 by inserting and including as such subsection 7b7 is applied pursuant to subsections 7e77#a77,v7 and 7h7 of section #bajg with respect to child health assistance and pregnancy-related assistance under a ,state child health plan under title ,,xxi before 1 and must meet4 7#c7 ,non-duplication of rebates conforming amendment ,section #cdj;,b7a77#e77;,a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;b7a77#e77;,a77 is amended-- 7,a7 in clause 7i71 by inserting before the period the following3 and shall not request payment under title ,,xxi of such ,act for child health assistance or pregnancy-related assistance 7as defined in section #baab7;d77#a7 of such ,act7 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 #aibg of such ,act1 as applied pursuant to subsections 7e77#a77,v7 and 7h7 of section #bajg of such ,act2 and 7,b7 in clause 7ii71 by inserting 1 including as applied pursuant to subsections 7e77#a77,v7 and 7h7 of section #bajg of such ,act1 after the requirements of section #aibg7;a77#e77;,c7 of the ,social ,security ,act4 7#d7 ,exclusion of rebates from best price conforming amendment ,section #aibg7;c77#a77;,c77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;c77#a77;,c77i77 is amended-- 7,a7 in subclause 7,v71 by striking and at the end2 7,b7 in subclause 7,,vi71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following new subclause3 7,,vii7 any rebates paid pursuant to section #bajg7;e77#a77,v74 4 7d7 ,state option to expand children's eligibility for chip 7#a7 ,in general ,section #baaj7;b77#a77;,b77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;jj7b77#a77;,b77ii77 is amended-- 7,a7 in subclause 7,,ii71 by striking or at the end2 7,b7 in subclause 7,,iii71 by striking and at the end and inserting or2 and 7,c7 by inserting after subclause 7,,iii7 the following new subclause3 7,,iv7 at the option of the ,state1 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 subclause2 and 4 7#b7 ,treatment of territories ,section #bajd7m77#g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;dd7m77#g77 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking the #ej ,states or the ,district of ,columbia and inserting a ,state 7including the ,district of ,columbia and each commonwealth and territory72 7,b7 in subparagraph 7,b77ii71 by striking or ,district2 and 7,c7 in the matter following subparagraph 7,b71 by striking each place it occurs or ,district 7#c7 ,removal of sunset for increases in allotments ,section #bajd7m77#g77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;dd7m77#g77;,a77 is amended by striking and ending with fiscal year #bjbg14 7e7 ,funding for implementation and administration ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 for fiscal year #bjbb1 to be available until expended1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to provide technical assistance and guidance and cover administrative costs associated with implementing the amendments made by this section4 ,h ,medicare ,coverage of ,hearing ,services #cjija4 ,providing coverage for hearing care under the ,medicare program 7a7 ,provision of audiology services by qualified audiologists and qualified hearing aid professionals 7#a7 ,in general ,section #ahfa7ll7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7ll77 is amended-- 7,a7 in paragraph 7#c7-- 7i7 by inserting 7and1 beginning ,january #a1 #bjbc1 such aural rehabilitation and treatment services7 after assessment services2 7ii7 by inserting 1 and1 beginning on ,january #a1 #bjbc1 such hearing assessment services furnished by a qualified hearing aid professional1 after by a qualified audiologist2 and 7iii7 by striking the audiologist and inserting the audiologist or qualified hearing aid professional2 and 7,b7 in paragraph 7#d71 by adding at the end the following new subparagraph3 7,c7 ,the term qualified hearing aid professional means1 with respect to hearing assessment services described in paragraph 7#c71 an individual who-- 7i7 is licensed or registered as a hearing aid dispenser1 hearing aid specialist1 hearing instrument dispenser1 or related professional by the ,state in which the individual furnishes such services2 and 7ii7 meets such other requirements as the ,secretary determines appropriate 7including requirements relating to educational certifications or accreditations71 taking into account any additional requirements for hearing aid specialists1 hearing aid dispensers1 and hearing instrument dispensers established by ,medicare ,advantage organizations under part ,c1 ,state plans 7or waivers of such plans7 under title ,,xix1 and the group health plans and health insurance issuers 7as such terms are defined in section #bgia of the ,public ,health ,service ,act74 4 7#b7 ,payment for qualified hearing aid professionals ,section #ahcc7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77#a771 as amended by section #aciaja7;b71 is further amended-- 7,a7 by striking and before 7,,ee72 and 7,b7 by inserting before the semicolon at the end the following3 and 7,,ff7 with respect to hearing assessment services 7as described in paragraph 7#c7 of section #ahfa7ll77 furnished by a qualified hearing aid professional 7as defined in paragraph 7#d77;,c7 of such section71 the amounts paid shall be equal to #hj percent of the lesser of the actual charge for such services or #he percent of the amount for such services determined under the payment basis determined under section #ahdh4 7b7 ,coverage of hearing aids 7#a7 ,inclusion of hearing aids as prosthetic devices ,section #ahfa7s77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7s77#h77 is amended by inserting 1 and including hearing aids 7as described in section #ahcd7;h77#g77 furnished on or after ,january #a1 #bjbc1 to individuals diagnosed with moderately severe1 severe1 or profound hearing loss before the semicolon at the end4 7#b7 ,payment limitations for hearing aids ,section #ahcd7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7h77 is amended by adding at the end the following new paragraphs3 7#f7 ,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 basis4 ,the provisions of section #ahdb7;b77#ah77;,b7 shall apply to hearing aids in the same manner as they apply to services furnished by a practitioner described in subsection 7b77#ah77;,c74 7#g7 ,limitations for hearing aids ,payment may be made under this part with respect to an individual1 with respect to hearing aids furnished on or after ,january #a1 #bjbc-- 7,a7 not more than once per ear during a #e-year period2 7,b7 only for types of such hearing aids that are determined appropriate by the ,secretary2 and 7,c7 only if furnished pursuant to a written order of a physician1 qualified audiologist 7as defined in section #ahfa7ll77#d771 qualified hearing aid professional 7as so defined71 physician assistant1 nurse practitioner1 or clinical nurse specialist4 4 7#c7 ,application of competitive acquisition 7,a7 ,in general ,section #ahcd7;h77#a77;,h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7h77#a77;,h77 is amended-- 7i7 in the header1 by inserting and hearing aids after orthotics2 7ii7 by inserting 1 or of hearing aids described in paragraph 7#b77;,d7 of such section1 after #bjaa12 and 7iii7 in clause 7i71 by inserting or such hearing aids after such orthotics4 7,b7 ,conforming amendment 7i7 ,in general ,section #ahdg7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c7;a77#b77 is amended by adding at the end the following new subparagraph3 7,d7 ,hearing aids ,hearing aids described in section #ahfa7s77#h7 for which payment would otherwise be made under section #ahcd7;h74 4 7ii7 ,exemption of certain items from competitive acquisition ,section #ahdg7;a77#g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c7;a77#g77 is amended by adding at the end the following new subparagraph3 7,c7 ,certain hearing aids ,those items and services described in paragraph 7#b77;,d7 if furnished by a physician or other practitioner 7as defined by the ,secretary7 to the physician's or practitioner's own patients as part of the physician's or practitioner's professional service4 4 7#d7 ,inclusion of qualified audiologists and qualified hearing aid professionals as certain practitioners to receive payment on an assignment-related basis ,section #ahdb7;b77#ah77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieu7b77#ah77;,c771 is amended by adding at the end the following new clauses3 7vii7 ,beginning on ,january #a1 #bjbc1 a qualified audiologist 7as defined in section #ahfa7ll77#d77;,b774 7viii7 ,a qualified hearing aid professional 7as defined in section #ahfa7ll77#d77;,c774 4 7c7 ,exclusion modification ,section #ahfb7;a77#g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciey7a77#g77 is amended by inserting 7except such hearing aids or examinations therefor as described in and otherwise allowed under section #ahfa7s77#h77 after hearing aids or examinations therefor4 7d7 ,inclusion as excepted medical treatment ,section #ahba7;b77#e77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#e7;b77#e77;,a77 is amended-- 7#a7 in clause 7i71 by striking or2 7#b7 in clause 7ii71 by striking the period and inserting 1 or2 and 7#c7 by adding at the end the following new clause3 7iii7 consisting of audiology services described in subsection 7ll77#c7 of section #ahfa1 or hearing aids described in subsection 7s77#h7 of such section1 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 ,s4 ,con4 ,res4 #ad4 4 7e7 ,rural health clinics and ,federally qualified health centers 7#a7 ,clarifying coverage of audiology services as physicians' services ,section #ahfa7;aa77#a77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7aa77#a77;,a77 is amended by inserting 7including audiology services 7as defined in subsection 7ll77#c777 after physicians' services4 7#b7 ,inclusion of qualified audiologists and qualified hearing aid professionals as ,,rhc and ,,fqhc practitioners ,section #ahfa7;aa77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7aa77#a77;,b77 is amended by inserting or by a qualified audiologist or a qualified hearing aid professional 7as such terms are defined in subsection 7ll771 after 7as defined in subsection 7hh77#a7714 7#c7 ,temporary payment rates for certain services under the ,,rhc ,,air and ,,fqhc ,,pps 7,a7 ,,air ,section #ahcc of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7 is amended-- 7i7 in subsection 7a77#c77;,a71 by inserting 7which shall1 in the case of audiology services 7as defined in section #ahfa7ll77#c771 in lieu of any limits on reasonable charges otherwise applicable1 be based on the rates payable for such services under the payment basis determined under section #ahdh until such time as the ,secretary determines sufficient data has been collected to otherwise apply such limits 7or ,january #a1 #bjbi1 if no such determination has been made as of such date77 after may prescribe in regulations2 and 7ii7 by adding at the end the following new subsection3 7ee7 ,disregard of costs attributable to certain services from calculation of ,,rhc ,,air ,payments for rural health clinic services other than audiology services 7as defined in section #ahfa7ll77#c77 under the methodology for all-inclusive rates 7established by the ,secretary7 under subsection 7a77#c7 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 #ahdh4 4 7,b7 ,,pps ,section #ahcd7o7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7o77 is amended by adding at the end the following new paragraph3 7#e7 ,temporary payment rates based on ,,pfs for certain services ,the ,secretary shall1 in establishing payment rates for audiology services 7as defined in section #ahfa7ll77#c77 that are ,federally qualified health center services under the prospective payment system established under this subsection1 in lieu of the rates otherwise applicable under such system1 base such rates on rates payable for such services under the payment basis established under section #ahdh until such time as the ,secretary determines sufficient data has been collected to otherwise establish rates for such services under such system 7or ,january #a1 #bjbi1 if no such determination has been made as of such date74 ,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 #ahdh4 4 7f7 ,implementation 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,health and ,human ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cgj1jjj1jjj1 to remain available until expended1 for purposes of implementing the amendments made by this section during the period beginning on ,january #a1 #bjbb1 and ending on ,september #cj1 #bjca4 7#b7 ,program instruction ,the ,secretary of ,health and ,human ,services shall implement the provisions of1 and the amendments made by1 this section for #bjbb and #bjbc by program instruction4 ,i ,public ,health #a ,health care infrastructure and workforce #cajja4 ,funding to support core public health infrastructure for ,state1 territorial1 local1 and ,tribal health departments at the ,centers for ,disease ,control and ,prevention 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,health and ,human ,services 7in this subtitle referred to as the ,secretary71 acting through the ,director of the ,centers for ,disease ,control and ,prevention 7in this section referred to as the ,director71 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 and to remain available until expended-- 7#a7 for the purposes of carrying out subsection 7c77#a77;,a7-- 7,a7 #bjj1jjj1jjj in fiscal year #bjbb2 7,b7 #cjj1jjj1jjj in fiscal year #bjbc2 and 7,c7 #a1jjj1jjj1jjj in each of fiscal years #bjbd through #bjbf2 7#b7 for the purposes of carrying out subsection 7c77#a77;,b7-- 7,a7 #ajj1jjj1jjj in fiscal year #bjbb2 7,b7 #aej1jjj1jjj in fiscal year #bjbc2 and 7,c7 #ejj1jjj1jjj in each of fiscal years #bjbd through #bjbf2 and 7#c7 for the purposes of carrying out subsection 7d7-- 7,a7 #ajj1jjj1jjj in fiscal year #bjbb2 7,b7 #aej1jjj1jjj in fiscal year #bjbc2 and 7,c7 #ejj1jjj1jjj in each of fiscal years #bjbd through #bjbf4 7b7 ,use of funds ,amounts made available pursuant to subsection 7a7 shall be used to support core public health infrastructure activities to strengthen the public health system of the ,united ,states1 including by awarding grants under this section and expanding and improving activities of the ,centers for ,disease ,control and ,prevention under subsections 7c7 and 7d74 7c7 ,grants 7#a7 ,awards ,for the purpose of addressing core public health infrastructure needs1 the ,secretary shall award-- 7,a7 a grant to each ,state or territorial health department1 and to local health departments that serve counties with a population of at least #b1jjj1jjj or cities with a population of at least #djj1jjj people2 and 7,b7 grants on a competitive basis to ,state1 territorial1 local1 or ,tribal health departments4 7#b7 ,required uses 7,a7 ,reallocation to local health departments ,a ,state health department receiving funds under subparagraph 7,a7 or 7,b7 of paragraph 7#a7 shall allocate at least #be percent of such funds to local health departments1 as applicable1 within the ,state to support contributions of the local health departments to core public health infrastructure4 7,b7 ,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 standards4 7#c7 ,formula grants to health departments ,in awarding grants under paragraph 7#a71 the ,secretary shall award funds to each health department in accordance with a formula which considers population size1 the ,social ,vulnerability ,index of the ,centers for ,disease ,control and ,prevention1 and other factors as determined by the ,secretary4 7#d7 ,competitive grants to ,state1 territorial1 local1 and ,tribal health departments ,in making grants under paragraph 7#a77;,b71 the ,secretary shall give priority to applicants demonstrating core public health infrastructure needs for public health agencies in the applicant's jurisdiction4 7#e7 ,permitted uses 7,a7 ,in general ,the ,secretary may make available a subset of the funds available for grants under paragraph 7#a7 for purposes of awarding grants to ,state1 territorial1 local1 and ,tribal health departments for planning or to support public health accreditation4 7,b7 ,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 accreditation1 as applicable4 7#f7 ,requirements ,to be eligible for a grant under this section1 an entity shall-- 7,a7 submit an application in such form and containing such information as the ,secretary shall require2 7,b7 demonstrate to the satisfaction of the ,secretary that-- 7i7 funds received through the grant will be expended only to supplement1 and not supplant1 non-,federal and ,federal funds otherwise available to the entity for the purpose of addressing core public health infrastructure needs2 and 7ii7 with respect to activities for which the grant is awarded1 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 #bjai2 and 7,c7 agree to report annually to the ,director regarding the use of the grant funds4 7d7 ,core public health infrastructure and activities for the ,,cdc ,the ,secretary1 acting through the ,director1 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 unmet1 ongoing1 and emerging public health needs1 including prevention1 preparation for1 and response to public health emergencies4 7e7 ,definition ,in this section1 the term core public health infrastructure includes-- 7#a7 health equity activities2 7#b7 workforce capacity and competency2 7#c7 all hazards public health and preparedness2 7#d7 testing capacity1 including test platforms1 mobile testing units1 and personnel2 7#e7 health information1 health information systems1 and health information analysis 7including data analytics72 7#f7 epidemiology and disease surveillance2 7#g7 contact tracing2 7#h7 policy and communications2 7#i7 financing2 7#aj7 community partnership development2 and 7#aa7 relevant components of organizational capacity4 7f7 ,supplement not supplant ,amounts made available by this section shall be used to supplement1 and not supplant1 amounts otherwise made available for the purposes described in this ,act4 #cajjb4 ,funding for health center capital grants 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available until expended1 for necessary expenses for awarding grants and entering into cooperative agreements for capital projects to health centers funded under section #ccj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7 to be awarded without regard to the time limitation in subsection 7e77#c7 and subsections 7e77#f77;,a77iii71 7e77#f77;,b77iii71 and 7r77#b77;,b7 of such section #ccj1 and for necessary expenses for awarding grants and cooperative agreements for capital projects to ,federally qualified health centers1 as described in section #ahfa7;aa77#d77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7aa77#d77;,b774 ,the ,secretary shall take such steps as may be necessary to expedite the awarding of such grants to ,federally qualified health centers for capital projects4 7b7 ,use of funds ,amounts made available to a recipient of a grant or cooperative agreement pursuant to subsection 7a7 shall be used for-- 7#a7 health center facility alteration1 renovation1 remodeling1 expansion1 construction1 and other capital improvement costs1 including the costs of amortizing the principal of1 and paying interest on1 loans for such purposes2 and 7#b7 the purchase1 renovation1 or maintenance of mobile clinics and related vehicles and equipment4 #cajjc4 ,funding for teaching health center graduate medical education 7a7 ,in general ,in addition to amounts otherwise available1 and notwithstanding the limitations referred to in subsections 7b77#b7 and 7d77#b7 of section #cdj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h71 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1cgj1jjj1jjj1 to remain available until expended1 for-- 7#a7 the program of payments to teaching health centers that operate graduate medical education programs under such section2 and 7#b7 the award of teaching health center development grants pursuant to section #gdi;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bicl-#a74 7b7 ,exemption ,from ,amount and ,duration ,limitations ,subsection 7b7 of section #gdi;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bicl-#a7 shall not apply with respect to amounts awarded under such section out of amounts appropriated under subsection 7a7 or under section #bfjd of the ,american ,rescue ,plan ,act 7,public ,law #aag-b74 7c7 ,use of funds ,amounts made available pursuant to subsection 7a7 shall be used for the following activities3 7#a7 ,for making payments to establish new approved graduate medical residency training programs pursuant to section #cdj;,h7a77#a77;,c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h7a77#a77;,c774 7#b7 ,for making payments under section #cdj;,h7a77#a77;,a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h7a77#a77;,a777 to qualified teaching health centers for maintenance of filled positions at existing approved graduate medical residency training programs4 7#c7 ,for making payments under section #cdj;,h7a77#a77;,b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h7a77#a77;,b77 for the expansion of existing approved graduate medical residency training programs4 7#d7 ,for making awards under section #gdi;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bicl-#a7 to teaching health centers for the purpose of establishing new accredited or expanded primary care residency programs4 7#e7 ,to provide an increase to the per resident amount described in section #cdj;,h7a77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h7a77#b774 7d7 ,priority uses of funds ,in making payments and awards under subsection 7c71 the ,secretary shall1 in addition to the requirements of paragraphs 7#c77;,a7 and 7#c77;,b7 of section #cdj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h71 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 #cdj;,h4 #cajjd4 ,funding for children's hospitals that operate graduate medical education programs ,in addition to amounts otherwise available1 and notwithstanding the caps on awards specified in paragraphs 7#a7 and 7#b7 of subsection 7b7 and 7h77#a7 of section #cdj;,e of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;e71 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until expended1 for carrying out such section #cdj;,e of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;e74 #cajje4 ,funding for ,national ,health ,service ,corps ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available until expended1 for carrying out sections #cch;,a1 #cch;,b1 and #cch;,i of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bedl1 #bedl-#a1 #bedq-#a74 #cajjf4 ,funding for the ,nurse ,corps ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until expended1 for carrying out section #hdf of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bign74 #cajjg4 ,funding for schools of medicine in underserved areas 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until expended1 for purposes of making awards to eligible entities for the establishment1 improvement1 or expansion of an allopathic or osteopathic school of medicine1 or a branch campus of an allopathic or osteopathic school of medicine1 consistent with subsection 7b74 7b7 ,use of funds ,the ,secretary1 acting through the ,administrator of the ,health ,resources and ,services ,administration1 shall1 with priority given to minority-serving institutions described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a771 and taking into consideration equitable distribution of awards among the geographical regions of the ,united ,states 7which shall include rural regions and populations as defined by the ,secretary for the purposes of this section7 and the locations of existing schools of medicine and osteopathic medicine1 use amounts appropriated by subsection 7a7 to award grants to eligible entities to-- 7#a7 recruit1 enroll1 and retain students1 including individuals who are from disadvantaged backgrounds 7including racial and ethnic groups underrepresented among medical students and health professions71 individuals from rural and underserved areas1 low-income individuals1 and first generation college students 7as defined in section #djb;,a7h77#c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#aa7;h77#c7771 at a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine2 7#b7 develop1 implement1 and expand curriculum that emphasizes care for rural and underserved populations1 including accessible and culturally appropriate and linguistically appropriate care and services1 at such school or branch campus2 7#c7 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 based2 7#d7 plan1 develop1 and meet criteria for accreditation for a school of medicine or osteopathic medicine or branch campus of such a school2 7#e7 hire faculty1 including faculty from racial and ethnic groups who are underrepresented among the medical and other health professions1 and other staff to serve at such a school or branch campus2 7#f7 support educational programs at such a school or branch campus1 including modernizing curriculum2 7#g7 modernize and expand infrastructure at such a school or branch campus2 or 7#h7 support other activities that the ,secretary determines will further the establishment1 improvement1 or expansion of a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine4 7c7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an institution of higher education as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#b7 ,branch campus 7,a7 ,in general ,the term branch campus1 with respect to a school of medicine or osteopathic medicine1 means an additional location of such school that is geographically apart and independent of the main campus1 at which the school offers at least #ej percent of the program leading to a degree of doctor of medicine or doctor of osteopathy that is offered at the main campus4 7,b7 ,independence from main campus ,for purposes of subparagraph 7,a71 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-- 7i7 is permanent in nature2 7ii7 offers courses in educational programs leading to a degree1 certificate1 or other recognized educational credential2 7iii7 has its own faculty and administrative or supervisory organization2 and 7iv7 has its own budgetary and hiring authority4 #cajjh4 ,funding for schools of nursing in underserved areas 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until expended1 for purposes of making awards to schools of nursing 7as defined in section #hja of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bif77 to enhance and modernize nursing education programs and increase the number of faculty and students at such schools4 7b7 ,use of funds ,the ,secretary1 acting through the ,administrator of the ,health ,resources and ,services ,administration1 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 areas1 shall use amounts appropriated by subsection 7a7 to award grants for purposes of-- 7#a7 recruiting1 enrolling1 and retaining students at such school1 with a priority for students from disadvantaged backgrounds 7including racial or ethnic groups underrepresented in the nursing workforce71 individuals from rural and underserved areas1 low-income individuals1 and first generation college students 7as defined in section #djb;,a7h77#c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#aa7;h77#c7772 7#b7 creating1 supporting1 or modernizing educational programs and curricula at such school2 7#c7 retaining current faculty1 and hiring new faculty1 with an emphasis on faculty from racial or ethnic groups that are underrepresented in the nursing workforce2 7#d7 modernizing infrastructure at such school1 including audiovisual or other equipment1 personal protective equipment1 simulation and augmented reality resources1 telehealth technologies1 and virtual and physical laboratories2 7#e7 partnering with a health care facility1 nurse-managed health clinic1 or community health center1 in order to provide educational opportunities for the purpose of establishing or expanding clinical education2 7#f7 enhancing and expanding nursing programs that prepare nurse researchers and scientists2 7#g7 establishing nurse-led intradisciplinary and interprofessional educational partnerships2 or 7#h7 other activities that the ,secretary determines will further the development1 improvement1 and expansion of schools of nursing4 #cajji4 ,funding for palliative care and hospice education and training 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until expended1 to support the establishment or operation of programs that-- 7#a7 support training of health professionals in palliative and hospice care 7including through traineeships or fellowships72 and 7#b7 foster patient and family engagement1 integration of palliative and hospice care with primary care and other appropriate specialties1 and collaboration with community partners to address gaps in health care for individuals in need of palliative or hospice care4 7b7 ,use of funds ,the ,secretary shall1 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 populations1 medically underserved populations1 medically underserved communities1 ,indian ,tribes or ,tribal organizations1 or ,urban ,indian organizations1 use amounts appropriated by subsection 7a7 to carry out a program to award grants or contracts to entities defined in paragraph 7#a71 7#c71 or 7#d7 of section #gii;,b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #biep7 or section #hja7b7 of such ,act 7#db ,u4,s4,c4 #bif7 for purposes of carrying out the following activities3 7#a7 ,clinical training on providing integrated palliative and hospice care and primary care delivery services4 7#b7 ,interprofessional or interdisciplinary training to practitioners from multiple disciplines and specialties1 including training on the provision of care to individuals with palliative or hospice care needs4 7#c7 ,establishing or maintaining training-related community-based programs for individuals with palliative or hospice care needs and caregivers to improve quality of life1 and where appropriate1 health outcomes for individuals who have palliative or hospice care needs4 #cajaj4 ,funding for palliative medicine physician training 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until expended1 to carry out a program to award grants and contracts to accredited schools of medicine1 schools of osteopathic medicine1 teaching hospitals1 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 medicine4 7b7 ,use of funds ,amounts made available to an awardee pursuant to subsection 7a7 shall be used to-- 7#a7 provide training in interprofessional or interdisciplinary team-based palliative medicine through a variety of service rotations1 such as rotations with respect to consultation services or acute and chronic care services1 and rotations in other health care settings1 including extended care facilities1 ambulatory care and comprehensive evaluation units1 hospices1 home care1 and community care programs2 7#b7 develop specific performance-based measures to evaluate the competency of trainees2 and 7#c7 provide training in interprofessional or interdisciplinary1 team-based palliative medicine4 7c7 ,graduate medical education program defined ,in this section1 the term graduate medical education program means a program sponsored by an accredited school of medicine1 an accredited school of osteopathic medicine1 a hospital1 or a public or private institution that-- 7#a7 offers postgraduate medical training in the specialties and subspecialties of medicine2 and 7#b7 has been accredited by-- 7,a7 the ,accreditation ,council for ,graduate ,medical ,education2 or 7,b7 the ,american ,osteopathic ,association through its ,committee on ,postdoctoral ,training 7or a successor committee74 #cajaa4 ,funding for palliative care and hospice academic career awards ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until expended1 to establish a program1 consistent with section #gec7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bid;c7b771 including paragraphs 7#e77;,a7 and 7#e77;,b7 of such section #gec7;b7 concerning the amount and duration of awards1 respectively1 except that such program shall be to provide awards to accredited schools of medicine1 osteopathic medicine1 nursing1 social work1 psychology1 allied health1 dentistry1 or chaplaincy applying on behalf of board-certified or board-eligible individuals in hospice and palliative medicine that have an early-career junior 7non-tenured7 faculty appointment at an accredited school of medicine1 or osteopathic medicine1 nursing1 social work1 psychology1 allied health1 dentistry1 or chaplaincy1 to promote the academic career development of individuals as hospice and palliative care specialists4 #cajab4 ,funding for hospice and palliative nursing 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until expended1 to establish a program to award grants and contracts to accredited schools of nursing1 health care facilities1 programs leading to certification as a certified nurse assistant1 partnerships of such schools and facilities1 or partnerships of such programs and facilities to develop and implement1 in coordination with other hospice and palliative care programs administered by the ,department of ,health and ,human ,services1 programs and initiatives to train and educate individuals in providing interprofessional1 interdisciplinary1 team-based palliative care in health-related educational1 hospital1 hospice1 home1 or long-term care settings4 7b7 ,use of funds ,amounts made available to an awardee pursuant to subsection 7a7 shall be used to-- 7#a7 provide training to individuals who will provide palliative care in health-related educational1 hospital1 home1 hospice1 or long-term care settings2 7#b7 develop and disseminate curricula relating to palliative care in health-related educational1 hospital1 home1 hospice1 or long-term care settings2 7#c7 train faculty members in palliative care in health-related educational1 hospital1 home1 hospice1 or long-term care settings2 and 7#d7 provide continuing education to individuals who provide palliative care in health-related educational1 home1 hospice1 or long-term care settings4 #cajac4 ,funding for dissemination of palliative care information 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until expended1 for the purpose described in subsection 7b74 7b7 ,use of funds ,the ,secretary1 after consultation with appropriate medical and other health professional societies and palliative care and hospice stakeholders1 shall use amounts appropriated by subsection 7a7 to award grants or contracts to public and nonprofit private entities to disseminate information to inform patients1 families1 caregivers1 direct care workers1 and health professionals about the benefits of palliative care throughout the continuum of care for patients with serious or life-threatening illness4 ,such awareness campaign shall include-- 7#a7 information1 resources1 communication1 and education materials about palliative care for patients and families facing serious or life-threatening illnesses2 7#b7 information regarding hospice and palliative care services1 including information on how such services may-- 7,a7 incorporate age-friendly1 patient-centered1 and family-centered support throughout the continuum of care for serious and life-threatening illness2 7,b7 anticipate1 prevent1 and treat pain2 7,c7 optimize quality of life2 and 7,d7 facilitate and support the goals and values of patients and families2 7#c7 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 illness2 and 7#d7 materials for specific populations1 including patients with serious or life-threatening illness who are among medically underserved populations 7as defined in section #ccj7;b77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7b77#c77 and families of such patients or health professionals serving medically underserved populations4 #b ,pandemic preparedness #cajba4 ,funding for laboratory activities at the ,centers for ,disease ,control and ,prevention 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1djj1jjj1jjj to remain available until expended1 for purposes of carrying out activities consistent with subsection 7b74 7b7 ,use of funds ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall use amounts made available pursuant to subsection 7a7 for the following activities3 7#a7 ,supporting renovation1 improvement1 expansion1 and modernization of ,state and local public health laboratory infrastructure 7as the term laboratory is defined in section #cec of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfc;a771 including-- 7,a7 the improvement and enhancement of testing and response capacity2 7,b7 improvements and expansion of the ,laboratory ,response ,network for rapid outbreak detection2 7,c7 the improvement and expansion of genomic sequencing capabilities to detect emerging diseases and variant strains2 and 7,d7 the improvement and expansion of biosafety and biosecurity capacity4 7#b7 ,enhancing the capacity of the laboratories of the ,centers for ,disease ,control and ,prevention as described in subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 7#c7 ,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 laboratories4 #cajbb4 ,funding for public health and preparedness research1 development1 and countermeasure capacity 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1cjj1jjj1jjj1 to carry out activities to prepare for1 and respond to1 public health emergencies declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d71 as described in subsection 7b71 to remain available until expended4 7b7 ,use of funds ,the ,secretary1 acting through the ,assistant ,secretary for ,preparedness and ,response1 shall use amounts made available pursuant to subsection 7a7-- 7#a7 to support surge capacity1 including through construction1 expansion1 or modernization of facilities1 to respond to a public health emergency1 and for development1 procurement1 and domestic manufacture of drugs1 active pharmaceutical ingredients1 vaccines and other biological products1 diagnostic technologies and products1 medical devices 7including personal protective equipment71 vials1 syringes1 needles1 and other components or supplies for the ,strategic ,national ,stockpile under section #cai;,f-#b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b72 7#b7 to support expanded vaccine production capacity and capabilities1 including by developing or acquiring new technology and expanding manufacturing capacity through construction1 expansion1 or modernization of facilities2 7#c7 to support activities to mitigate supply chain risks and enhance supply chain elasticity and resilience for critical drugs1 active pharmaceutical ingredients1 and supplies 7including essential medicines1 medical countermeasures1 and supplies in shortage or at risk of shortage71 drug and vaccine raw materials1 and other supplies1 as the ,secretary determines appropriate1 including construction1 expansion1 or modernization of facilities1 adoption of advanced manufacturing processes1 and other activities to support domestic manufacturing of such supplies2 7#d7 to support activities conducted by the ,biomedical ,advanced ,research and ,development ,authority for advanced research1 standards development1 and domestic manufacturing capacity for drugs1 including essential medicines1 diagnostics1 vaccines1 therapeutics1 and personal protective equipment2 and 7#e7 to support increased biosafety and biosecurity in research on infectious diseases1 including by modernization or improvement of facilities4 #cajbc4 ,funding for infrastructure modernization and innovation at the ,food and ,drug ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until expended1 with respect to improving and modernizing infrastructure at the ,food and ,drug ,administration and enhancing food and medical product safety-- 7#a7 #aej1jjj1jjj for improving technological infrastructure1 including through developing integrated systems and improving the interoperability of information technology systems2 and 7#b7 #aej1jjj1jjj for modernizing laboratory infrastructure of1 or used by1 the ,food and ,drug ,administration1 including modernization of facilities related to1 and supporting1 such laboratory infrastructure1 including through planning for1 and the construction1 repair1 improvement1 extension1 alteration1 demolition1 and purchase of1 fixed equipment or facilities4 #c ,maternal mortality #cajca4 ,funding for local entities addressing social determinants of maternal health 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until expended1 for carrying out a program to award grants or contracts to community-based organizations1 ,indian ,tribes and ,tribal organizations1 ,urban ,indian organizations1 ,native ,hawaiian organizations1 or other nonprofit organizations working with a community-based organization1 or consortia of any such entities1 operating in areas with high rates of adverse maternal health outcomes or with significant racial or ethnic disparities in maternal health outcomes4 7b7 ,use of funding ,amounts made available by subsection 7a7 shall be used for the following activities3 7#a7 ,addressing social determinants of health1 including social determinants of maternal health1 for pregnant and postpartum individuals and eliminating racial and ethnic disparities in maternal health outcomes by-- 7,a7 hiring1 training1 or retaining staff2 7,b7 developing or distributing culturally and linguistically appropriate resources for social services programs2 7,c7 offering programs and resources to address social determinants of health2 7,d7 conducting demonstration projects to address social determinants of health2 7,e7 establishing a culturally and linguistically appropriate resource center that provides multiple social services programs in a single location2 and 7,f7 consulting with pregnant and postpartum individuals to conduct an assessment of the activities conducted under this section4 7#b7 ,promoting evidence-based health literacy and pregnancy1 childbirth1 and parenting education for pregnant and postpartum individuals1 and individuals seeking to become pregnant4 7#c7 ,providing support from perinatal health workers1 including clinical and community-based staff members that provide direct care and support services to pregnant and postpartum individuals4 7#d7 ,providing culturally congruent1 linguistically appropriate1 and trauma-informed training to perinatal health workers1 including clinical and community-based staff members that provide direct care and support services to pregnant and postpartum individuals4 7c7 ,technical assistance ,using amounts made available under subsection 7a71 the ,secretary shall-- 7#a7 conduct outreach to eligible entities to apply for grants or contracts under subsection 7a72 and 7#b7 provide technical assistance1 including through a grant or contract1 to eligible entities receiving funding pursuant to subsection 7a74 #cajcb4 ,funding for the ,office of ,minority ,health 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ge1jjj1jjj1 to remain available until expended1 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 outcomes4 7b7 ,use of funds ,the ,secretary1 acting through the ,deputy ,assistant ,secretary for ,minority ,health1 shall use amounts made available under subsection 7a7 to award grants for the following activities3 7#a7 ,addressing social determinants of health1 including social determinants of maternal health1 for pregnant and postpartum individuals and eliminating racial and ethnic disparities in maternal health outcomes by-- 7,a7 hiring1 training1 or retaining staff2 7,b7 developing or distributing culturally and linguistically appropriate resources for social services programs2 7,c7 offering programs and resources to address social determinants of health2 7,d7 conducting demonstration projects to address social determinants of health2 7,e7 establishing a culturally and linguistically appropriate resource center that provides multiple social services programs in a single location2 and 7,f7 consulting with pregnant and postpartum individuals to conduct an assessment of the activities conducted under this section4 7#b7 ,promoting evidence-based health literacy and pregnancy1 childbirth1 and parenting education for pregnant and postpartum individuals1 and individuals seeking to become pregnant4 7#c7 ,providing support from perinatal health workers1 including clinical and community-based staff members that provide direct care and support services to pregnant and postpartum individuals4 7#d7 ,providing culturally congruent1 linguistically appropriate1 and trauma-informed training to perinatal health workers1 including clinical and community-based staff members that provide direct care and support services to pregnant and postpartum individuals4 7c7 ,technical assistance ,using amounts made available under subsection 7a71 the ,secretary shall-- 7#a7 conduct outreach to eligible entities to apply for grants or contracts under subsection 7a72 and 7#b7 provide technical assistance1 including through a grant or contract1 to eligible entities receiving funding pursuant to subsection 7a74 #cajcc4 ,funding to grow and diversify the nursing workforce in maternal and perinatal health 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #agj1jjj1jjj1 to remain available until expended1 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 workforce1 including through improving the capacity and supply of health care providers4 7b7 ,uses of funds 7#a7 ,awardees ,prioritizing students and registered nurses who plan to practice or currently practice in an underserved area1 amounts made available to awardees by subsection 7a7 shall1 consistent with section #hdf of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bign71 be used for the following activities3 7,a7 ,providing scholarships to students1 including those from racial and ethnic groups underrepresented in the health professions1 seeking to become nurse practitioners whose education includes a focus on maternal and perinatal health4 7,b7 ,providing scholarships to students seeking to become clinical nurse specialists whose education includes a focus on maternal and perinatal health4 7,c7 ,providing scholarships to students seeking to become certified nurse midwives4 7,d7 ,providing scholarships to registered nurses seeking certification as an obstetrics and gynecology registered nurse4 7#b7 ,secretary ,the ,secretary shall use amounts made available pursuant to subsection 7a7 for the following activities3 7,a7 ,developing and implementing strategies to recruit and retain a diverse pool of students seeking to enter careers focused on maternal and perinatal health4 7,b7 ,developing partnerships with practice settings in an underserved area for the clinical placements of students at the schools receiving such grants4 7,c7 ,developing curriculum for students seeking to enter careers focused on maternal and perinatal health that includes training programs on bias1 racism1 discrimination1 providing culturally competent care1 or trauma-informed care4 #cajcd4 ,funding for perinatal quality collaboratives ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until expended1 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 infants4 #cajce4 ,funding to grow and diversify the doula workforce 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until expended1 for carrying out a program to award grants or contracts to health professions schools1 academic health centers1 ,state or local governments1 territories1 ,indian ,tribes and ,tribal organizations1 ,urban ,indian organizations1 ,native ,hawaiian organizations1 or other appropriate public or private nonprofit entities 7or consortia of any such entities1 including entities promoting multidisciplinary approaches71 to establish or expand programs to grow and diversify the doula workforce1 including through improving the capacity and supply of health care providers4 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used for the following activities3 7#a7 ,establishing programs that provide education and training to individuals seeking appropriate training or certification as doulas4 7#b7 ,expanding the capacity of existing programs described in paragraph 7#a71 for the purpose of increasing the number of students enrolled in such programs1 including by awarding scholarships for students who agree to work in underserved communities after receiving such education and training4 7#c7 ,developing and implementing strategies to recruit and retain students from underserved communities1 particularly from demographic groups experiencing high rates of maternal mortality and severe maternal morbidity1 including racial and ethnic minority groups1 into programs described in paragraphs 7#a7 and 7#b74 #cajcf4 ,funding to grow and diversify the maternal mental health and substance use disorder treatment workforce 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ge1jjj1jjj1 to remain available until expended1 for carrying out a program to award grants or contracts to health professions schools1 academic health centers1 ,state or local governments1 territories1 ,indian ,tribes and ,tribal organizations1 ,urban ,indian organizations1 ,native ,hawaiian organizations1 or other appropriate public or private nonprofit entities 7or consortia of any such entities1 including entities promoting multidisciplinary approaches71 to establish or expand programs to grow and diversify the maternal mental health and substance use disorder treatment workforce1 including through improving the capacity and supply of health care providers4 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used for the following activities3 7#a7 ,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 disorders4 7#b7 ,expanding the capacity of existing programs described in paragraph 7#a71 for the purposes of increasing the number of students enrolled in such programs1 including by awarding scholarships for students4 7#c7 ,developing and implementing strategies to recruit and retain students from underserved communities into programs described in paragraphs 7#a7 and 7#b74 #cajcg4 ,funding for maternal mental health equity grant programs 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until expended1 for carrying out a program to award grants or contracts to community-based organizations1 ,indian ,tribes and ,tribal organizations1 ,urban ,indian organizations1 ,native ,hawaiian organizations1 health care providers1 accredited medical schools1 accredited schools of nursing1 teaching hospitals1 accredited midwifery programs1 physician assistant education programs1 residency or fellowship programs1 or other nonprofit organizations1 schools1 or programs determined appropriate by the ,secretary1 or consortia of any such entities1 to address maternal mental health conditions and substance use disorders with respect to pregnant1 lactating1 and postpartum individuals in areas with high rates of adverse maternal health outcomes or with significant racial or ethnic disparities in maternal health outcomes4 7b7 ,use of funds ,amounts made available pursuant to subsection 7a71 prioritizing community-based organizations1 shall be for the following activities3 7#a7 ,establishing or expanding maternity care programs to improve-- 7,a7 the integration of mental health and substance use disorder treatment services into primary care settings where pregnant individuals regularly receive health care services2 and 7,b7 the coordination between such primary care settings and mental health and substance use disorder professionals who treat maternal mental health conditions and substance use disorders4 7#b7 ,establishing or expanding programs that improve maternal mental health and substance use disorder treatment from the preconception through the postpartum periods1 with a focus on individuals from racial and ethnic minority groups with high rates of maternal mortality and morbidity4 7#c7 ,establishing or expanding programs to prevent suicide or self-harm among pregnant1 lactating1 and postpartum individuals4 7#d7 ,establishing or expanding programs to provide education and training to maternity care providers1 with respect to identifying potential warning signs for maternal mental health conditions or substance use disorders in pregnant1 lactating1 and postpartum individuals1 with a focus on individuals from racial and ethnic minority groups and offering referrals to mental health substance use disorder treatment professionals4 7#e7 ,raising awareness of1 and addressing stigma associated with1 maternal mental health conditions and substance use disorders1 with a focus on pregnant1 lactating1 and postpartum individuals from racial and ethnic minority groups4 7#f7 ,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 groups4 #cajch4 ,funding for education and training at health professions schools to identify and address health risks associated with climate change 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #he1jjj1jjj1 to remain available until expended1 for carrying out a program to award grants or contracts to accredited medical schools1 accredited schools of nursing1 teaching hospitals1 accredited midwifery programs1 physician assistant education programs1 residency or fellowship programs1 or other schools or programs determined appropriate by the ,secretary1 or consortia of any such entities1 to support the development and integration of education and training programs for identifying and addressing health risks associated with climate change for pregnant1 lactating1 and postpartum individuals4 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used for developing1 integrating1 and implementing curriculum and continuing education that focuses on the following3 7#a7 ,identifying health risks associated with climate change for pregnant1 lactating1 and postpartum individuals and individuals with the intent to become pregnant4 7#b7 ,how health risks associated with climate change affect pregnant1 lactating1 and postpartum individuals and individuals with the intent to become pregnant4 7#c7 ,racial and ethnic disparities in exposure to1 and the effects of1 health risks associated with climate change for pregnant1 lactating1 and postpartum individuals and individuals with the intent to become pregnant4 7#d7 ,patient counseling and mitigation strategies relating to health risks associated with climate change for pregnant1 lactating1 and postpartum individuals4 7#e7 ,relevant services and support for pregnant1 lactating1 and postpartum individuals relating to health risks associated with climate change and strategies for ensuring such individuals have access to such services and support4 7#f7 ,implicit and explicit bias1 racism1 and discrimination in providing care to pregnant1 lactating1 and postpartum individuals and individuals with the intent to become pregnant4 #cajci4 ,funding for minority-serving institutions to study maternal mortality1 severe maternal morbidity1 and adverse maternal health outcomes 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until expended for carrying out a program to award grants or contracts to minority-serving institutions described in section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7 to study maternal mortality1 severe maternal morbidity1 and maternal health outcomes4 7b7 ,use of funds ,amounts made available to an awardee under subsection 7a7 shall be used for the purpose specified in such subsection1 including the following activities3 7#a7 ,developing and implementing systematic processes of listening to the stories of pregnant and postpartum individuals from racial and ethnic minority groups1 and perinatal health workers supporting such individuals1 to fully understand the causes of1 and inform potential solutions to1 the maternal mortality and severe maternal morbidity crisis within their respective communities4 7#b7 ,assessing the potential causes of relatively low rates of maternal mortality among ,hispanic individuals and foreign-born ,black women4 7#c7 ,assessing differences in rates of adverse maternal health outcomes among subgroups identifying as ,hispanic4 7#d7 ,conducting research on maternal morbidity and mortality1 with a focus on health disparities4 7c7 ,technical assistance ,using amounts made available by subsection 7a71 the ,secretary shall conduct outreach to minority-serving institutions 7as described in section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq77-- 7#a7 to inform and raise awareness of the availability funding through a grant or contract awarded pursuant to this section2 7#b7 to provide technical assistance1 including through a grant or contract1 on the application process for grants or contracts awarded pursuant to subsection 7a72 and 7#c7 to promote capacity building to eligible entities for grant applications pursuant to subsection 7a74 #cajdj4 ,funding for identification of maternity care health professional target areas ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until expended1 for carrying out section #ccb7k7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e7k774 #cajda4 ,funding for maternal mortality review committees to promote representative community engagement ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until expended1 for carrying out section #cag,k7d7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#ab7;d77 to promote community engagement in maternal mortality review committees to increase the diversity of a committee's membership with respect to race and ethnicity1 location1 and professional background4 #cajdb4 ,funding for the surveillance for emerging threats to mothers and babies 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until expended1 for carrying out section #cag;,c of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#d7 with respect to conducting surveillance for emerging threats to mothers and babies4 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used for the following activities3 7#a7 ,expanding the ,surveillance for ,emerging ,threats to ,mothers and ,babies activities of the ,centers for ,disease ,control and ,prevention4 7#b7 ,working with public health1 clinical1 and community-based organizations to provide timely1 continually updated1 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 health4 7#c7 ,partnering with more ,state1 ,tribal1 territorial1 and local public health programs in the collection and analysis of clinical data on the impact of ,,covid-#ai on pregnant and postpartum patients and their newborns1 particularly among patients from racial and ethnic minority groups4 7#d7 ,establishing regionally based centers of excellence to offer medical1 public health1 and other knowledge 7in coordination with ,state and ,tribal public health authorities7 to ensure that communities1 especially communities with large populations of individuals from racial and ethnic minority groups1 can help pregnant and postpartum individuals and newborns get the care and support they need4 #cajdc4 ,funding for enhancing reviews and surveillance to eliminate maternal mortality program 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cj1jjj1jjj1 to remain available until expended1 for carrying out the ,enhancing ,reviews and ,surveillance to ,eliminate ,maternal ,mortality program established under section #cag,k of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#ab74 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used for the following activities3 7#a7 ,expanding the ,enhancing ,reviews and ,surveillance to ,eliminate ,maternal ,mortality program 7commonly known as the ,,erase ,,mm program7 of the ,centers for ,disease ,control and ,prevention4 7#b7 ,expanding partnerships with ,states1 territories1 ,indian ,tribes1 and ,tribal organizations to support ,maternal ,mortality ,review ,committees4 7#c7 ,providing technical assistance to existing maternal mortality review committees4 #cajdd4 ,funding for the pregnancy risk assessment monitoring system 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available until expended1 for carrying out section #cag,k of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#ab7 with respect to the ,pregnancy ,risk ,assessment ,monitoring ,system4 7b7 ,use of funds ,amounts made available by subsection 7a7 shall be used for the following activities3 7#a7 ,supporting ,,covid-#ai supplements to the ,pregnancy ,risk ,assessment ,monitoring ,system questionnaire4 7#b7 ,conducting a rapid assessment of ,,covid-#ai awareness1 impact on care and experiences1 and use of preventive measures among pregnant1 laboring and birthing1 and postpartum individuals4 7#c7 ,supporting the transition of the questionnaire described in paragraph 7#a7 to an electronic platform and expanding the distribution of the questionnaire to a larger population1 with a special focus on reaching underrepresented communities4 #cajde4 ,funding for the ,national ,institute of ,child ,health and ,human ,development ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available until expended1 consistent with the child health and human development activities of the ,eunice ,kennedy ,shriver ,national ,institute of ,child ,health and ,human ,development described in section #ddh of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhe;g71 to conduct or support research for interventions to mitigate the effects of ,,covid-#ai on pregnant1 lactating1 and postpartum individuals1 with a particular focus on individuals from racial and ethnic minority groups4 #cajdf4 ,funding for expanding the use of technology-enabled collaborative learning and capacity building models for pregnant and postpartum individuals 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cj1jjj1jjj1 to remain available until expended1 for carrying out a program to award grants or contracts to community-based organizations1 ,indian ,tribes and ,tribal organizations1 ,urban ,indian organizations1 health care providers1 accredited medical schools1 accredited schools of nursing1 teaching hospitals1 accredited midwifery programs1 physician assistant education programs1 residency or fellowship programs1 or other schools or programs determined appropriate by the ,secretary1 or consortia of any such entities1 that are operating in underserved areas with high rates of adverse maternal health outcomes or significant racial and ethnic disparities in maternal health outcomes1 to evaluate1 develop1 and expand the use of technology-enabled collaborative learning and capacity building models 7as defined in section #ccj,n of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;c-#bj774 7b7 ,use of funds 7#a7 ,awardees ,a recipient of a grant or contract awarded pursuant to subsection 7a7 shall use such amounts to-- 7,a7 train maternal health care providers1 students1 staff of community-based organizations1 and other entities described in subsection 7a7 through the use and expansion of technology-enabled collaborative learning and capacity building models1 including hardware and software that-- 7i7 enables distance learning and technical support2 and 7ii7 supports the secure exchange of electronic health information2 and 7,b7 conduct evaluations on the use of technology-enabled collaborative learning and capacity building models to improve maternal health outcomes4 7#b7 ,secretary ,the ,secretary shall use amounts made available pursuant to subsection 7a7 to provide technical assistance to recipients of grants awarded pursuant to subsection 7a7 on the development1 use1 and sustainability of technology-enabled collaborative learning and capacity building models to expand access to maternal health services provided by such entities4 #cajdg4 ,funding for promoting equity in maternal health outcomes through digital tools 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cj1jjj1jjj1 to remain available until expended1 for carrying out a program to award grants or contracts to community-based organizations1 ,indian ,tribes and ,tribal organizations1 ,urban ,indian organizations1 health care providers1 accredited medical schools1 accredited schools of nursing1 teaching hospitals1 accredited midwifery programs1 physician assistant education programs1 residency or fellowship programs1 or other schools or programs determined appropriate by the ,secretary1 or consortia of any such entities1 that are operating in underserved areas 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 care4 7b7 ,use of funds ,amounts made available to an awardee pursuant to subsection 7a7 shall be used for the purpose specified in such subsection1 including for increasing access to telehealth technologies 7as defined in section #ccj;,i of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;c-#ad77 and digital tools that could improve maternal health outcomes1 such as wearable technologies1 patient portals1 telehealth services1 and web-based and mobile phone applications1 digital health services1 secure text messaging1 online provider communities1 mobile clinical decision support services1 and clinical tools to increase diagnostic accuracy4 7c7 ,technical assistance ,using amounts made available under subsection 7a71 the ,secretary shall provide technical assistance1 including through a grant or contract1 to eligible entities receiving funding pursuant to subsection 7a7 on the development1 use1 evaluation1 and post-grant sustainability of digital tools designed to promote equity and reduce disparities in maternal health outcomes4 #cajdh4 ,funding for antidiscrimination and bias training 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until expended1 for the purpose described in subsection 7b74 7b7 ,use of funds ,the ,secretary shall1 with a focus on maternal health providers1 use amounts appropriated under subsection 7a7 to carry out a program to award competitive grants or contracts to national nonprofit organizations focused on improving health equity1 accredited schools of medicine or nursing1 and other health professional training programs to develop1 disseminate1 review1 research1 and evaluate training for health professionals and all staff who interact with patients to reduce discrimination and bias in the provision of health care1 with a focus on maternal health care4 #d ,other public health investments #cajea4 ,funding for mental health and substance use disorder professionals ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until expended1 for purposes of carrying out section #eig of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bijll74 #cajeb4 ,funding to support peer recovery specialists ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until expended1 to carry out section #eji of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#b7 with respect to strengthening recovery community organizations and their statewide network of recovery stakeholders4 #cajec4 ,funding for ,project ,aware ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available until expended1 for carrying out section #ebj;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#cb7 with respect to advancing wellness and resiliency in education4 #cajed4 ,funding for the ,national ,suicide ,prevention ,lifeline ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ge1jjj1jjj1 to remain available until expended1 for advancing infrastructure for the ,national ,suicide ,prevention ,lifeline program under section #ebj;,e-#c of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#cf;c7 in order to expand existing capabilities for response in a manner that avoids duplicating existing capabilities for text-based crisis support4 #cajee4 ,funding for community violence and trauma interventions 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated #b1ejj1jjj1jjj1 to remain available until expended1 for the purposes described in subsection 7b73 7b7 ,use of funding ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 and in consultation with the ,assistant ,secretary for ,mental ,health and ,substance ,use1 the ,administrator of the ,health ,resources and ,services ,administration1 the ,deputy ,assistant ,secretary for ,minority ,health1 and the ,assistant ,secretary for the ,administration for ,children and ,families1 shall use amounts appropriated by subsection 7a7 to support public health-based interventions to reduce community violence and trauma1 taking into consideration the needs of communities with high rates of1 and prevalence of risk factors associated with1 violence-related injuries and deaths1 by-- 7#a7 awarding competitive grants or contracts to local governmental entities1 ,states1 territories1 ,indian ,tribes and ,tribal organizations1 ,urban ,indian organizations1 hospitals and community health centers1 nonprofit community-based organizations1 culturally specific organizations1 victim services providers1 or other entities as determined by the ,secretary 7or consortia of such entities7 to support evidence-informed1 culturally competent1 and developmentally appropriate strategies to reduce community violence1 including outreach and conflict mediation1 hospital-based violence intervention1 violence interruption1 and services for victims and individuals and communities at risk for experiencing violence1 such as trauma-informed mental health care and counseling1 social-emotional learning and school-based mental health services1 workforce development services1 and other services that prevent or mitigate the impact of trauma1 build appropriate skills1 or promote resilience2 and 7#b7 supporting training1 technical assistance1 research1 evaluation1 public health surveillance systems1 data collection1 and coordination among relevant stakeholders1 to facilitate support for strategies to reduce community violence and ensure safe and healthy communities4 7c7 ,supplement not supplant ,amounts appropriated under this section shall be used to supplement and not supplant any ,federal1 ,state1 or local funding otherwise made available for the purposes described in this section4 7d7 ,expenditure requirement ,all expenditures made pursuant to subsection 7a7 shall be made on or before ,september #cj1 #bjca4 #cajef4 ,funding for the ,national ,child ,traumatic ,stress ,network ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until expended1 for carrying out section #ehb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;hh-#a7 with respect to addressing the problem of high-risk or medically underserved persons who experience violence-related stress4 #cajeg4 ,funding for ,,hiv health care services programs ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ge1jjj1jjj1 to remain available until expended1 for necessary expenses for modifications to existing contracts1 and supplements to existing grants and cooperative agreements under sections #bfja1 #bfaa1 #bfea1 #bfga1 and #bfib7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4 ,code #cjj;ff-#aa1 #cjj;ff-#ba1 #cjj;ff-#ea1 #cjj;ff-#ga1 #cjj;ff-#aaa74 #cajeh4 ,funding for clinical services demonstration project ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fj1jjj1jjj1 to remain available until expended1 to1 acting through the ,administrator of the ,health ,resources and ,services ,administration1 carry out a program to award grants or contracts to public and private nonprofit clinics for the provision of clinical services1 pursuant to a demonstration project under section #cah7;b77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;c7b77#b774 #cajei4 ,funding to support the lifespan respite care program ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until expended1 for carrying out sections #bijb1 #bijc1 and #bijd of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;ii-#a1 #cjj;ii-#b1 #cjj;ii-#c74 #cajfj4 ,funding to increase research capacity at certain institutions 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ge1jjj1jjj1 to remain available until expended1 for the purposes described in subsection 7b74 7b7 ,use of funds ,the ,secretary1 acting through the ,director of the ,national ,institutes of ,health1 shall use amounts made available under subsection 7a7 to-- 7#a7 maintain and expand programs to increase research capacity at minority-serving institutions 7as described in section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq771 including by supporting the ,path to ,excellence and ,innovation program of the ,national ,institutes of ,health2 7#b7 support centers of excellence under sections #dfdz-#d and #gcf of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhet-#a1 #bic72 7#c7 support efforts to diversify the national scientific workforce and expand recruitment and retention of individuals who are-- 7,a7 underrepresented in the biomedical1 clinical1 behavioral1 and social sciences2 and 7,b7 from disadvantaged backgrounds2 and 7#d7 support and expand the activities of the ,scientific ,workforce ,diversity ,office of the ,national ,institutes of ,health4 #cajfa4 ,funding for research related to developmental delays 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until expended1 for the purpose described in subsection 7b74 7b7 ,use of funds ,the ,secretary1 acting through the ,director of the ,national ,institutes of ,health1 shall use amounts appropriated by subsection 7a7 to conduct or support research related to developmental delays1 including speech and language delays in infants and toddlers1 characterizing speech and language development and outcomes in infants and toddlers through early adolescence4 ,such research shall include studies1 including longitudinal studies1 conducted or supported by the ,national ,institute on ,deafness and ,other ,communication ,disorders1 the ,eunice ,kennedy ,shriver ,national ,institute of ,child ,health and ,human ,development1 and other relevant institutes and centers of the ,national ,institutes of ,health4 7c7 ,supplement1 not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended to conduct or support research related to developmental delays1 including speech and language delays1 in infants1 toddlers1 and children4 #cajfb4 ,supplemental funding for the ,world ,trade ,center ,health ,program 7a7 ,in general ,title ,,xxxiii of the ,public ,health ,service ,act is amended by adding at the end the following3 #cceb4 ,supplemental ,fund 7a7 ,in general ,there is established a fund to be known as the ,world ,trade ,center ,health ,program ,supplemental ,fund 7referred to in this section as the ,supplemental ,fund71 consisting of amounts deposited into the ,supplemental ,fund under subsection 7b74 7b7 ,amount ,out of any money in the ,treasury not otherwise appropriated1 there is appropriated for fiscal year #bjbb1 #b1hfj1jjj1jjj1 for deposit into the ,supplemental ,fund1 which amounts shall remain available through fiscal year #bjca4 7c7 ,use of funds ,amounts deposited into the ,supplemental ,fund under subsection 7b7 shall be available1 without further appropriation and without regard to any spending limitation under section #ccea7;c71 to the ,,wtc ,program ,administrator as needed at the discretion of such ,administrator for carrying out any provision in this title1 including sections #ccjc and #ccda7;c74 7d7 ,return of funds ,any amounts that remain in the ,supplemental ,fund on ,september #cj1 #bjca1 shall be deposited into the ,treasury as miscellaneous receipts4 4 7b7 ,conforming amendments ,title ,,xxxiii of the ,public ,health ,service ,act is amended-- 7#a7 in section #ccaa7;a77#d77;,b77i77,,ii7 7#db ,u4,s4,c4 #cjjmm-#ba7;a77#d77;,b77i77,,ii771 by striking section #ccea and inserting sections #ccea and #cceb2 7#b7 in section #ccba7;a77#c77;,b77i77,,ii7 7#db ,u4,s4,c4 #cjjmm-#ca7;a77#c77;,b77i77,,ii771 by striking section #ccea and inserting sections #ccea and #cceb2 7#c7 in section #ccca 7#db ,u4,s4,c4 #cjjmm-#da7-- 7,a7 in subsection 7a71 by inserting and the ,world ,trade ,center ,health ,program ,supplemental ,fund before the period at the end2 and 7,b7 in subsection 7d7-- 7i7 in paragraph 7#a77;,b71 by inserting 7excluding any expenditures from amounts in the ,world ,trade ,center ,health ,program ,supplemental ,fund under section #cceb7 before the period at the end2 and 7ii7 in paragraph 7#b71 in the flush text following subparagraph 7,c71 by inserting 7excluding any expenditures from amounts in the ,world ,trade ,center ,health ,program ,supplemental ,fund under section #cceb7 before the period at the end2 and 7#d7 in section #ccea7;b7 7#db ,u4,s4,c4 #cjjmm-#fa7;b77-- 7,a7 in paragraph 7#b71 by inserting or as available from the ,world ,trade ,center ,health ,program ,supplemental ,fund under section #cceb before the period at the end2 and 7,b7 in paragraph 7#c71 by inserting or as available from the ,world ,trade ,center ,health ,program ,supplemental ,fund under section #cceb before the period at the end4 #e ,native ,hawaiian ,provisions #cajga4 ,native ,hawaiian health care systems 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the ,secretary1 not later than #ahj days after the date of enactment of this ,act1 to award grants to1 or enter into contracts with1 ,papa ,ola ,lokahi to support services described in section #f7;c7 of the ,native ,hawaiian ,health ,care ,improvement ,act 7#db ,u4,s4,c4 #aagje7;c77 in accordance with this section4 7b7 ,use of funds ,amounts made available to an awardee pursuant to subsection 7a7 shall be used for-- 7#a7 the purchase1 construction1 alteration1 renovation1 or equipping of health facilities2 7#b7 maintenance and improvement projects2 7#c7 information technology1 telehealth infrastructure1 electric health records systems1 and medical equipment2 and 7#d7 awarding grants to1 or entering into contracts with1 ,native ,hawaiian health care systems 7directly1 or through subgrants or subcontracts7 to support services described in section #f7;c7 of the ,native ,hawaiian ,health ,care ,improvement ,act 7#db ,u4,s4,c4 #aagje7;c771 on the condition that such grants or contracts may only be used for the purposes and uses described in paragraphs 7#a7 through 7#c74 7c7 ,waiver of certain restrictions ,subsections 7e7 and 7f77#d7 of section #f of the ,native ,hawaiian ,health ,care ,improvement ,act 7#db ,u4,s4,c4 #aagje7;e71 #aagje7;f77#d77 shall not apply to grants 7or subgrants7 made using amounts made available under subsection 7a74 7d7 ,definitions ,in this section3 7#a7 ,native ,hawaiian health care system ,the term ,native ,hawaiian health care system has the meaning given the term in section #ab of the ,native ,hawaiian ,health ,care ,improvement ,act 7#db ,u4,s4,c4 #aagaa74 7#b7 ,papa ,ola ,lokahi ,the term ,papa ,ola ,lokahi has the meaning given the term in section #ab of the ,native ,hawaiian ,health ,care ,improvement ,act 7#db ,u4,s4,c4 #aagaa74 #cajgb4 ,native ,hawaiian health improvement grants 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bbd1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to award grants to eligible ,native ,hawaiian entities to improve the health status of ,native ,hawaiians1 including by providing to ,native ,hawaiians comprehensive health promotion services1 disease prevention services1 and primary health services1 as described in section #f7;c7 of the ,native ,hawaiian ,health ,care ,improvement ,act 7#db ,u4,s4,c4 #aagje7;c774 7b7 ,definition of eligible ,native ,hawaiian entity ,in this section1 the term eligible ,native ,hawaiian entity means-- 7#a7 ,papa ,ola ,lokahi 7as defined in section #ab of the ,native ,hawaiian ,health ,care ,improvement ,act 7#db ,u4,s4,c4 #aagaa772 7#b7 a ,native ,hawaiian health care system 7as defined in section #ab of that ,act 7#db ,u4,s4,c4 #aagaa772 7#c7 a ,native ,hawaiian organization 7as defined in section #ab of that ,act 7#db ,u4,s4,c4 #aagaa772 7#d7 a consortium of #b or more entities described in paragraphs 7#a7 through 7#c72 and 7#e7 a consortium that contains at least #a entity described in any of paragraphs 7#a7 through 7#c74 #cajgc4 ,native ,hawaiian health care systems liability coverage 7a7 ,in general ,subject to subsections 7b7 and 7c71 the ,secretary shall apply section #ajb7;d7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecba7;d77 to-- 7#a7 a ,native ,hawaiian health care system that receives a grant from or enters into a contract with the ,secretary under section #f of the ,native ,hawaiian ,health ,care ,improvement ,act 7#db ,u4,s4,c4 #aagje7 to the same extent as section #ajb7;d7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecba7;d77 applies to an ,indian ,tribe1 a ,tribal organization1 and an ,indian contractor that carries out a contract1 grant agreement1 or cooperative agreement1 as applicable1 under section #ajb or #ajc of that ,act 7#be ,u4,s4,c4 #ecba1 #ecbb72 and 7#b7 the employees of a ,native ,hawaiian health care system that receives a grant from or enters into a contract with the ,secretary under section #f of the ,native ,hawaiian ,health ,care ,improvement ,act 7#db ,u4,s4,c4 #aagje7 to the same extent as section #ajb7;d7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecba7;d77 applies to the employees of an ,indian ,tribe1 a ,tribal organization1 or an ,indian contractor that carries out a contract1 grant agreement1 or cooperative agreement1 as applicable1 under section #ajb or #ajc of that ,act 7#be ,u4,s4,c4 #ecba1 #ecbb74 7b7 ,effective date ,for purposes of subsection 7a71 each reference to ,december #bb1 #aihg1 and the reference to the date of enactment of the ,indian ,self-,determination and ,education ,assistance ,act ,amendments of #aiij contained in section #ajb7;d7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecba7;d77 shall be deemed to be a reference to the date of enactment of this section4 7c7 ,sunset ,this section shall cease to have force or effect on ,october #a1 #bjca4 ,j ,next ,generation #i-a-a #caaja4 ,deployment of ,next ,generation #i-a-a 7a7 ,appropriation 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,assistant ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dgj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to make grants to eligible entities for implementing and maintaining ,next ,generation #i-a-a in accordance with subsection 7b74 7#b7 ,administrative expenses ,in addition to amounts otherwise available1 there is appropriated to the ,assistant ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to administer this section4 7b7 ,use of funds ,an eligible entity may use grant funds received under this section for-- 7#a7 reasonable costs associated with planning1 implementation1 and development activities1 including such activities related to the grant application2 7#b7 deployment1 operation1 and maintenance of interoperable and reliable ,next ,generation #i-a-a1 including ensuring the cybersecurity of ,next ,generation #i-a-a2 and 7#c7 training of personnel related to ,next ,generation #i-a-a4 7c7 ,clawback ,the ,assistant ,secretary shall recover some or all of the grant funds made available to an eligible entity under this section if-- 7#a7 the eligible entity uses the funds for any other purpose than those set forth in subsection 7b72 7#b7 the eligible entity fails to establish a funding mechanism for ,next ,generation #i-a-a sufficient to cover operations1 maintenance1 and upgrade costs within #c years of the establishment of the grant program2 7#c7 the eligible entity engages in the diversion of any #i-a-a fee or charge imposed by the eligible entity2 or 7#d7 the eligible entity uses funds to purchase1 rent1 lease1 or otherwise obtain covered communications equipment or services 7as defined in section #i of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjh774 #caajb4 ,establishment of ,next ,generation #i-a-a ,cybersecurity ,center ,in addition to amounts otherwise available1 there is appropriated to the ,national ,telecommunications and ,information ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #i1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 for the establishment of a ,next ,generation #i-a-a ,cybersecurity ,center to coordinate with ,state1 local1 and regional governments on the sharing of cybersecurity information about1 the analysis of cybersecurity threats to1 and strategies to detect and prevent cybersecurity intrusions relating to1 ,next ,generation #i-a-a4 #caajc4 ,public ,safety ,next ,generation #i-a-a ,advisory ,board ,in addition to amounts otherwise available1 there is appropriated to the ,national ,telecommunications and ,information ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to establish a #af-member ,public ,safety ,next ,generation #i-a-a ,advisory ,board1 consisting of public safety officials and #i-a-a professionals from diverse backgrounds and with the necessary technical expertise1 to provide recommendations to the ,assistant ,secretary with respect to carrying out the duties and responsibilities of the ,assistant ,secretary related to ,next ,generation #i-a-a1 including with respect to the grant program established under section #caaja4 #caajd4 ,definitions ,in this subtitle3 7#a7 #i-a-a fee or charge ,the term #i-a-a fee or charge has the meaning given the term in section #f7;f77#c77;,d7 of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7;f77#c77;,d774 7#b7 ,assistant secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#c7 ,commonly accepted standards ,the term commonly accepted standards means the technical standards followed by the communications industry for network1 device1 and ,internet ,protocol connectivity that-- 7,a7 ensure interoperability by enabling emergency communications centers to receive1 process1 and analyze all types of #i-a-a requests for emergency assistance 7including multimedia and data7 and share such requests with other emergency communications centers and emergency response providers without the need for proprietary interfaces and regardless of jurisdiction1 equipment1 device1 software1 service provider1 or any other factor2 and 7,b7 are developed and approved by a standards development organization that is accredited by a ,united ,states or international standards body through a process-- 7i7 that is consensus-based and open for participation1 provides conflict resolution1 and invites comment2 and 7ii7 through which standards are made publicly available once approved4 7#d7 ,eligible entity ,the term eligible entity means a ,state or a ,tribal organization that has-- 7,a7 named a single point of contact to coordinate the implementation of ,next ,generation #i-a-a2 and 7,b7 developed and submitted a plan for the coordination and implementation of ,next ,generation #i-a-a consistent with any requirements of the ,assistant ,secretary4 7#e7 ,next generation #i-a-a ,the term ,next ,generation #i-a-a means an interoperable1 secure1 ,internet ,protocol-based system that-- 7,a7 employs commonly accepted standards2 7,b7 enables emergency communications centers to receive1 process1 and analyze all types of #i-a-a requests for emergency assistance2 7,c7 acquires and integrates additional information useful to handling #i-a-a requests for emergency assistance2 7,d7 supports sharing information related to #i-a-a requests for emergency assistance among emergency communications centers and emergency response providers without the need for proprietary interfaces and regardless of jurisdiction1 equipment1 device1 software1 service provider1 or any other factor2 and 7,e7 ensures reliability by enabling ongoing operation1 including through the use of geo-diverse device and network agnostic elements that provide more than #a physical route between end points with no common points where a single failure at that point would cause the operation of ,next ,generation #i-a-a to fail4 7#f7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 ,k ,other ,matters ,related to ,connectivity #cabja4 ,outreach ,in addition to amounts otherwise available1 there is appropriated to the ,federal ,communications ,commission for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 programs4 #cabjb4 ,future of ,telecommunications ,council ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,commerce for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #g1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to establish a council of #ad members in coordination with the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 the ,deputy ,secretary of ,commerce1 the ,assistant ,secretary of ,commerce for ,communications and ,information1 the ,under ,secretary of ,commerce for ,standards and ,technology1 the ,chair of the ,federal ,communications ,commission1 the ,director of the ,national ,science ,foundation1 the ,majority ,leader of the ,senate1 and the ,speaker of the ,house of ,representatives1 to be known as the ,future of ,telecommunications ,council1 to advise ,congress on the development and adoption of #f;,g and other advanced wireless communications technologies1 including ensuring equity in access to those technologies for communities of color and rural communities4 #cabjc4 ,affordability 7a7 ,definitions ,in this section3 7#a7 ,broadband2 broadband service ,the term broadband or broadband service has the meaning given the term broadband internet access service in section #h4a of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#b7 ,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-- 7,a7 meet the evolving connectivity needs of households and businesses2 and 7,b7 support the deployment of #e;,g1 successor wireless technologies1 and other advanced services4 7#c7 ,covered public-private partnership ,the term covered public-private partnership means a partnership between-- 7,a7 a ,state1 #a or more political subdivisions of a ,state1 a utility 7including a utility cooperative71 a public utility district1 a nonprofit organization1 a regional planning council1 or an economic development authority2 and 7,b7 a provider of covered broadband service4 7#d7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 7b7 ,funding 7#a7 ,pilot projects ,in addition to amounts otherwise available1 there is appropriated to the ,national ,telecommunications and ,information ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bhj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants to covered public-private partnerships for pilot projects to increase access to affordable covered broadband service in urban communities1 including communities of color and for low- and middle-income consumers1 through long-term solutions for such affordability4 7#b7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,national ,telecommunications and ,information ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to administer this section4 7#c7 ,advisory committee ,in addition to amounts otherwise available1 there is appropriated to the ,national ,telecommunications and ,information ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to establish an advisory committee of #ab members consisting of experts on broadband affordability from diverse backgrounds1 to be known as the ,affordable ,urban and ,suburban ,broadband ,advisory ,committee1 to advise the ,national ,telecommunications and ,information ,administration1 the ,federal ,communications ,commission1 and ,congress on ways to make broadband more affordable for urban and suburban broadband subscribers1 including for communities of color and low- and middle-income consumers1 through long-term solutions for such affordability4 #cabjd4 ,access to devices 7a7 ,definitions ,in this section3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,connected device ,the term connected device means any of the following devices that meets minimum standards established by the ,assistant ,secretary3 7,a7 ,a ,wi,fi-enabled desktop computer4 7,b7 ,a ,wi,fi-enabled laptop computer4 7,c7 ,a ,wi,fi-enabled tablet computer4 7,d7 ,any similar ,wi,fi-enabled device 7except for a telephone or smartphone74 7#c7 ,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 household4 7#d7 ,eligible household ,the term eligible household means a household in which-- 7,a7 at least one member of the household meets the qualifications for the ,lifeline program of the ,federal ,communications ,commission1 except that a household shall be deemed to meet the income component of those qualifications if the household's income is at or below #bjj percent of the ,federal ,poverty ,guidelines for a household of that size2 7,b7 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 program2 7,c7 at least one member of the household has received a ,federal ,pell ,grant in the current award year1 if such award is verifiable through the ,national ,verifier or ,national ,lifeline ,accountability ,database or a connected device distribution program verifies eligibility2 or 7,d7 at least one member of the household receives assistance through the special supplemental nutritional program for women1 infants1 and children4 7b7 ,connected device grant program 7#a7 ,appropriations 7,a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,assistant ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dge1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the awarding of grants to connected device distribution programs in accordance with this section4 7,b7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,assistant ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to administer this section1 including providing technical assistance to a connected device distribution program4 7,c7 ,outreach ,in addition to amounts otherwise available1 there is appropriated to the ,assistant ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to conduct outreach related to the availability of grants under this section4 7#b7 ,use of funds 7,a7 ,in general ,a connected device distribution program shall use grant funds received under this section for-- 7i7 the reasonable purchase or refurbishment cost of connected devices for distribution to eligible households consistent with this section2 and 7ii7 the reasonable administrative costs associated with the distribution of connected devices described in clause 7i74 7,b7 ,limitation ,a connected device distribution program may use grant funds received under this section to provide not more than-- 7i7 #a connected device to an eligible household that includes not more than #b members over the age of #f2 or 7ii7 #b connected devices to an eligible household that includes not fewer than #c members over the age of #f4 7#c7 ,clawback ,if a connected device distribution program is found to have used grant funds awarded under this section in a manner not permitted under this section or is found to have otherwise violated a requirement under this section1 the ,assistant ,secretary shall recover from the program some or all of the grant funds awarded to the program4 ,l ,distance ,learning #cacja4 ,additional support for distance learning 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,emergency ,connectivity ,fund established under subsection 7c77#a7 of section #gdjb of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cjj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to provide support under the covered regulations promulgated under subsection 7a7 of that section1 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 #cj1 #bjcj1 regardless of whether those costs are incurred during a ,,covid-#ai emergency period 7as defined in subsection 7d7 of that section74 7b7 ,limitation ,none of the funds appropriated under subsection 7a7 may be used to purchase1 rent1 lease1 or otherwise obtain any covered communications equipment or service 7as defined in section #i of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjh774 ,m ,manufacturing ,supply ,chain and ,tourism #cadja4 ,manufacturing supply chain resilience ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,office of the ,secretary of ,commerce1 to support the resilience of manufacturing supply chains affecting interstate commerce and related administrative costs1 by-- 7#a7 mapping and monitoring manufacturing supply chains2 7#b7 facilitating and supporting the establishment of voluntary standards1 guidelines1 and best practices relevant to the resilience of manufacturing supply chains2 7#c7 identifying1 accelerating1 promoting1 demonstrating1 and deploying technological advances for manufacturing supply chains2 and 7#d7 providing grants1 loans1 and loan guarantees to maintain and improve manufacturing supply chain resiliency4 #cadjb4 ,destination marketing organization grant program to promote safe domestic travel 7a7 ,grants for ,domestic ,marketing ,organizations ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dg1ejj1jjj1 to remain available until ,september #cj1 #bjbd1 to the ,secretary of ,commerce to award grants to destination marketing organizations1 including public or public-private entities that perform the functions of a destination marketing organization as determined by the ,secretary1 to conduct marketing activities to promote domestic travel within the ,united ,states1 including with respect to current travel requirements and safe travel practices1 with preference to destination marketing organizations promoting a town1 city1 ,state1 or region where the civilian labor force in the accommodation1 leisure1 and hospitality sector has suffered1 and continues to suffer1 significant job losses as a result of the ,,covid-#ai pandemic1 as determined by the ,secretary4 7b7 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1ejj1jjj1 to remain available until ,september #cj1 #bjbg1 to the ,secretary of ,commerce for administrative costs associated with providing grants under subsection 7a74 7c7 ,data on domestic travel and tourism ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to the ,secretary of ,commerce to collect data on domestic travel and tourism in the ,united ,states1 including the impact of the ,,covid-#ai pandemic on domestic travel and tourism4 ,n ,,ftc ,privacy ,enforcement #caeja4 ,federal ,trade ,commission funding for a privacy bureau and related expenses ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to the ,federal ,trade ,commission to create and operate a bureau1 including by hiring and retaining technologists1 user experience designers1 and other experts as the ,commission considers appropriate1 to accomplish its work related to unfair or deceptive acts or practices relating to privacy1 data security1 identity theft1 data abuses1 and related matters4 #caejb4 ,federal ,trade ,commission ,section #e7m77#a77;,a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7m77#a77;,a77 is amended-- 7#a7 by inserting this ,act's prohibition of unfair or deceptive acts or practices or after violates the first place it appears2 and 7#b7 by inserting a violation of this ,act or after unfair or deceptive and4 ,o ,department of ,commerce ,inspector ,general #cafja4 ,funding for the ,office of ,inspector ,general of the ,department of ,commerce ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 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 ,act4 ,,iv ,committee on ,financial ,services ,a ,creating and ,preserving ,affordable1 ,equitable and ,accessible ,housing for the #bast ,century #djjja4 ,public housing investments 7a7 ,appropriation ,in addition to amounts otherwise made available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #aj1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the ,capital ,fund under section #i7;d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d77 pursuant to the same formula as in fiscal year #bjba1 to be made available within #fj days of the date of the enactment of this ,act2 7#b7 #ec1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for eligible activities under section #i7;d77#a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d77#a77 for priority investments as determined by the ,secretary to repair1 replace1 or construct properties assisted under such section #i2 7#c7 #a1bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for competitive grants under section #bd of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgv7 7in this section referred to as section #bd71 under the terms and conditions in subsection 7b71 for transformation1 rehabilitation1 and replacement housing needs of public and assisted housing1 and to transform neighborhoods of poverty into functioning1 sustainable mixed-income neighborhoods2 7#d7 #gej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the costs to the ,secretary of administering and overseeing the implementation of this section and the ,public ,housing ,capital ,fund and the section #bd grant program generally1 including information technology1 financial reporting1 research and evaluation1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs2 and 7#e7 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 section4 7b7 ,terms and conditions for section #bd grants ,grants awarded under subsection 7a77#c7 shall be subject to terms and conditions determined by the ,secretary1 which shall include the following3 7#a7 ,use ,grant funds may be used for resident and community services1 community development and revitalization1 and affordable housing needs in the community4 7#b7 ,applicants ,eligible recipients of grants shall include lead applicants and joint applicants1 as follows3 7,a7 ,lead applicants ,a lead applicant shall be a local government1 a public housing agency1 or an owner of an assisted housing property4 7,b7 ,joint applicants ,a nonprofit organization or a for-profit developer may apply jointly as a joint applicant with such public entities specified in subparagraph 7,a74 ,a local government must be a joint applicant with an owner of an assisted housing property specified in subparagraph 7,a74 7#c7 ,period of affordability ,grantees shall commit to a period of affordability determined by the ,secretary of not fewer than #bj years1 but the ,secretary may specify a period of affordability that is fewer than #bj years with respect to homeownership units developed with section #bd grants4 7#d7 ,environmental review ,for purposes of environmental review1 a grantee shall be treated as a public housing agency under section #bf of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgx74 7#e7 ,low-income and affordable housing ,amounts made available under this section shall be used for low-income housing 7as such term is defined under section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b7771 ,,hud-assisted housing1 and affordable housing1 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 #abj percent of the area median income and is subject to the period of affordability under paragraph 7#c7 of this subsection4 7c7 ,other terms and conditions ,grants awarded under this section shall be subject to the following terms and conditions3 7#a7 ,limitation ,amounts provided pursuant to this section may not be used for operating costs or rental assistance4 7#b7 ,development of new units ,paragraph 7#c7 of section #i7;g7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7g77#c77 shall not apply to new funds made available under this section4 7#c7 ,health and safety ,amounts made available under this section shall be used to address health1 safety1 and environmental hazards1 including lead1 fire1 carbon monoxide1 mold1 asbestos1 radon1 pest infestation1 and other hazards as defined by the ,secretary4 7#d7 ,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 section4 7#e7 ,recapture ,if the ,secretary recaptures funding allocated by formula from a public housing agency under subsection 7a77#a71 such recaptured amounts shall be added to the amounts available under subsection 7a77#b71 and shall be obligated by the ,secretary prior to the expiration of such funds4 7#f7 ,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 ,federal1 ,state1 or local sources4 7#g7 ,waivers and alternative requirements ,the ,secretary may waive or specify alternative requirements for subsections 7d77#a71 7d77#b71 7e71 and 7j7 of section #i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7 and associated regulations in connection with the use of amounts made available under this section other than requirements related to tenant rights and protections1 fair housing1 nondiscrimination1 labor standards1 and the environment1 upon a finding that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section4 7d7 ,implementation ,the ,secretary shall have authority to issue such regulations or notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjjb4 ,investments in affordable and accessible housing production 7a7 ,appropriation ,in addition to amounts otherwise made available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #i1ibe1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for activities and assistance for the ,,home ,investment ,partnerships ,program 7in this section referred to as the ,,home program71 as authorized under sections #bda through #bdb1 #bdd through #bec1 #bee through #bef1 and #bha through #bij of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgda-abgdb1 #db ,u4,s4,c4 #abgdd-abgec1 #db ,u4,s4,c4 #abgee-abgef1 #db ,u4,s4,c4 #abhca-abhdj7 7in this section referred to as ,,naha71 subject to the terms and conditions paragraph 7#a77;,a7 of subsection 7b72 7#b7 #ad1ibe1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for activities and assistance for the ,,home ,investment ,partnerships ,program1 as authorized under sections #bda through #bdb1 #bdd through #bec1 #bee through #bef1 and #bha through #bij of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgda-abgdb1 #db ,u4,s4,c4 #abgdd-abgec1 #db ,u4,s4,c4 #abgee-abgef1 #db ,u4,s4,c4 #abhca-abhdj71 subject to the terms and conditions in paragraphs 7#a77;,b7 and 7#b7 of subsection 7b72 7#c7 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 section2 and 7#d7 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the costs to the ,secretary of administering and overseeing the implementation of this section and the ,,home and ,housing ,trust ,fund programs generally1 including information technology1 financial reporting1 research and evaluations1 and other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 7b7 ,terms and conditions 7#a7 ,formulas 7,a7 ,the ,secretary shall allocate amounts made available under subsection 7a77#a7 pursuant to section #bag of ,,naha 7#db ,u4,s4,c4 #abgdg7 to grantees that received allocations pursuant to that same formula in fiscal year #bjba and shall make such allocations within #fj days of the enactment of this ,act4 7,b7 ,the ,secretary shall allocate amounts made available under subsection 7a77#b7 pursuant to the formula specified in section #acch7;c77#c7 of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defh7;c77#c77 to grantees that received ,housing ,trust ,fund allocations pursuant to that same formula in fiscal year #bjba and shall make such allocations within #fj days of the date of the enactment of this ,act4 7#b7 ,eligible activities ,other than as provided in paragraph 7#e7 of this subsection1 funds made available under subsection 7a77#b7 may only be used for eligible activities described in subparagraphs 7,a7 through 7,b77i7 of section #acch7;c77#g7 of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defh7;c77#g771 except that not more than #aj percent of funds made available may be used for activities under such subparagraph 7,b77i74 7#c7 ,funding restrictions ,the commitment requirements in section #bah7;g7 7#db ,u4,s4,c4 #abgdh7;g77 of ,,naha1 the matching requirements in section #bbj 7#db ,u4,s4,c4 #abgej7 of ,,naha1 and the set-aside for housing developed1 sponsored1 or owned by community housing development organizations required in section #bca of ,,naha 7#db ,u4,s4,c4 #abgga7 shall not apply for amounts made available under this section4 7#d7 ,reallocation ,for funds provided under paragraphs 7#a7 and 7#b7 of subsection 7a71 the ,secretary may recapture certain amounts remaining available to a grantee under this section or amounts declined by a grantee1 and reallocate such amounts to other grantees under that paragraph to ensure fund expenditure1 geographic diversity1 and availability of funding to communities within the ,state from which the funds have been recaptured4 7#e7 ,administration ,notwithstanding subsections 7c7 and 7d77#a7 of section #bab of ,,naha 7#db ,u4,s4,c4 #abgdb71 grantees may use not more than #ae percent of their allocations under this section for administrative and planning costs4 7c7 ,waivers ,the ,secretary may waive or specify alternative requirements for any provision of the ,cranston-,gonzalez ,national ,affordable ,housing ,act specified in subsection 7a77#a7 or 7a77#b7 or regulation for the administration of the amounts made available under this section other than requirements related to tenant rights and protections1 fair housing1 nondiscrimination1 labor standards1 and the environment1 upon a finding that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section4 7d7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjjc4 ,housing investment fund 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjbf-- 7#a7 #gdj1jjj1jjj to the ,department of the ,treasury to establish the ,housing ,investment ,fund established by this section within the ,community ,development ,financial ,institutions ,fund 7in this section referred to as the ,,cdfi ,fund7 to make grants to increase investment in the development1 preservation1 rehabilitation1 financing1 or purchase of affordable housing primarily for low-1 very-low1 and extremely low-income families who are renters1 and for homeowners with incomes up to #abj percent of the area median income1 and for economic development and community facilities related to such housing and to further fair housing2 and 7#b7 #aj1jjj1jjj for the costs to the ,,cdfi ,fund of administering and overseeing the implementation of this section1 including information technology1 financial reporting1 research and evaluations1 and other costs4 7b7 ,eligible grantees ,a grant under this section may be made1 pursuant to such requirements as the ,,cdfi ,fund shall establish1 only to-- 7#a7 a ,,cdfi ,fund certified community development financial institution1 as such term is defined in section #ajc of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb72 7#b7 a nonprofit organization having as one of its principal purposes the creation1 development1 or preservation of affordable housing1 including a subsidiary of a public housing authority2 or 7#c7 a consortium comprised of certified community development financial institutions1 eligible nonprofit housing organizations1 or a combination of both4 7c7 ,eligible uses ,eligible uses for grant amounts awarded from the ,housing ,investment ,fund pursuant to this section shall-- 7#a7 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 sources2 and 7#b7 include activities-- 7,a7 to provide loan loss reserves2 7,b7 to capitalize an acquisition fund to acquire residential1 industrial1 or commercial property and land for the purpose of the preservation1 development1 or rehabilitation of affordable housing1 including to support the creation1 preservation1 or rehabilitation of resident-owned manufactured housing communities2 7,c7 to capitalize an affordable housing fund1 for development1 preservation1 rehabilitation1 or financing of affordable housing and economic development activities1 including community facilities1 if part of a mixed-use project1 or activities described in this paragraph related to transit-oriented development1 which may also be designated as a focus of such a fund2 7,d7 to capitalize an affordable housing mortgage fund1 to facilitate the origination of mortgages to buyers that may experience significant barriers to accessing affordable mortgage credit1 including mortgages having low original principal obligations2 7,e7 for risk-sharing loans2 7,f7 to provide loan guarantees2 and 7,g7 to fund rental housing operations4 7d7 ,implementation ,the ,,cdfi ,fund shall have the authority to issue such regulations1 notice1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjjd4 ,section #haa supportive housing for people with disabilities 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #dej1jjj1jjj for capital advances1 including amendments to capital advance contracts1 for supportive housing for persons with disabilities1 as authorized by section #haa7;b77#b7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7;b77#b77 7in this section referred to as the ,act71 and subject to subsections 7a7 through 7h77#d71 7h77#f7 through 7i77#a77;,c71 and 7i77#b7 through 7m7 of such section #haa 7#db ,u4,s4,c4 #hjac7;a7-#db ,u4,s4,c4 #hjac7;h77#d71 #db ,u4,s4,c4 #hjac7;h77#f7-db ,u4,s4,c4 #hjac7;i77#a77;,c71 #db ,u4,s4,c4 #hjac7;i77#b7-db ,u4,s4,c4 #hjac7m771 and for project rental assistance for supportive housing for persons with disabilities under section #haa7;d77#b7 of the ,act and for project assistance contracts pursuant to section #bjb7;h7 of the ,housing ,act of #aiei 7,public ,law #hf-cgb2 #gc ,stat4 #ffg71 for project rental assistance to ,state housing finance agencies and other appropriate entities as authorized under section #haa7;b77#c7 of the ,act1 for ,state housing finance agencies2 7#b7 #g1ejj1jjj for providing technical assistance to support ,state-level efforts to integrate housing assistance and voluntary supportive services for residents of housing receiving such assistance1 which funding may also be used to provide technical assistance to applicants and potential applicants to understand program requirements and develop effective applications1 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 assistance2 and 7#c7 #db1ejj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section and the ,supportive ,housing for ,persons with ,disabilities program generally1 including information technology1 financial reporting1 research and evaluations1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,limitations on costs ,when awarding grants under paragraph 7#a7 of subsection 7a71 the ,secretary shall establish and assess reasonable development cost limitations by market area for various types and sizes of supportive housing for persons with disabilities4 ,the ,secretary shall not count owner or sponsor contributions of other funding or assistance against the overall cost of a project4 7c7 ,occupancy standards ,the owner or sponsor of housing assisted with funds provided under this section may1 with the approval of the ,secretary1 limit occupancy with the housing to persons with disabilities who can benefit from the supportive services offered in connection with the housing4 7d7 ,waivers ,the ,secretary may waive or specify alternative requirements for subsection 7c7 or 7bb7 of section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f 7c71 #adcg;f7bb77 upon a finding that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section4 7e7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjje4 ,section #bjb supportive housing for the elderly program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #dej1jjj1jjj for the ,supportive ,housing for the ,elderly ,program authorized under section #bjb of the ,housing ,act of #aiei1 and subject to subsections 7a7 through 7g71 7h77#b7 through 7h77#e71 and 7i7 through 7m7 of such section #bjb 7#ab ,u4,s4,c4 #agjaq7a7-#ab ,u4,s4,c4 #agjaq7g71 #ab ,u4,s4,c4 #agjaq7h77#b7-ab ,u4,s4,c4 #agjaq7h77#e71 #ab ,u4,s4,c4 #agjaq7i7-#ab ,u4,s4,c4 #agjaq7m77 7in this section referred to as the ,act71 which shall be used-- 7,a7 for capital advance awards in accordance with section #bjb7;c77#a7 of the ,act to recipients that are eligible under the ,act2 7,b7 for new section #h project-based rental assistance contracts under section #h7;b7 of the ,united ,states ,housing ,act of #aicg ,act 7#db ,u4,s4,c4 #adcg;f7b771 subject to subsection 7c7 of this section1 with the ,secretary setting the terms of such project-based rental assistance contracts1 including the duration and provisions regarding rent setting and rent adjustment1 to support the capital advance projects funded under this section2 and 7,c7 for service coordinators2 7#b7 #g1ejj1jjj1 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 adults1 in order to support residents to age-in-place and avoid institutional care1 as well as to assist applicants and potential applicants with project-specific design1 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 assistance2 and 7#c7 #db1ejj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section and the ,supportive ,housing for the ,elderly program generally1 including information technology1 financial reporting1 research and evaluation1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,limitation on costs ,when awarding grants under paragraph 7#a7 of subsection 7a71 the ,secretary shall establish and assess reasonable development cost limitations by market area for various types and sizes of supportive housing for the elderly4 ,the ,secretary shall not count owner or sponsor contributions of other funding or assistance against the overall cost of a project4 7c7 ,waivers ,the ,secretary may waive or specify alternative requirements for any provision of subsection 7c7 or 7bb7 of section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f 7c71 #adcg;f7bb77 upon a finding that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section4 7d7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjjf4 ,improving energy efficiency or water efficiency or climate resilience of affordable housing 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #a1ggj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for the cost of providing direct loans1 including the costs of modifying such loans1 and for grants1 as provided for and subject to terms and conditions in subsection 7b71 including to subsidize gross obligations for the principal amount of direct loans1 not to exceed #d1jjj1jjj1jjj1 to fund projects that improve the energy or water efficiency1 indoor air quality and sustainability improvements1 implement low-emission technologies1 materials1 or processes1 including zero-emission electricity generation1 energy storage1 or building electrification1 electric car charging station installations1 or address climate resilience of multifamily properties2 7#b7 #be1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 for the costs to the ,secretary of administering and overseeing the implementation of this section1 including information technology1 financial reporting1 research and evaluation1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs2 7#c7 #abj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for expenses of contracts administered by the ,secretary1 including to carry out property climate risk1 energy1 or water assessments1 due diligence1 and underwriting functions for such grant and direct loan program2 and 7#d7 #he1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for energy and water benchmarking of properties eligible to receive grants or loans under this section1 regardless of whether they actually received such grants1 along with associated data analysis and evaluation at the property and portfolio level1 including the development of information technology systems necessary for the collection1 evaluation1 and analysis of such data4 7b7 ,loan and grant terms and conditions ,amounts made available under this section shall be for direct loans1 grants1 and direct loans that can be converted to grants to eligible recipients that agree to an extended period of affordability for the property4 7c7 ,definitions ,as used in this section-- 7#a7 the term eligible recipient means any owner or sponsor of an eligible property2 and 7#b7 the term eligible property means a property receiving project-based assistance pursuant to-- 7,a7 section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq72 7,b7 section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac72 or 7,c7 section #h7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7b77 7d7 ,waiver ,the ,secretary may waive or specify alternative requirements for any provision of subsection 7c7 or 7bb7 of section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c71 #adcg;f7bb77 upon a finding that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section4 7e7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjjg4 ,revitalization of distressed multifamily properties 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #a1eej1jjj1jjj for providing direct loans1 which may be forgivable1 to owners of distressed properties for the purpose of making necessary physical improvements1 including to subsidize gross obligations for the principal amount of direct loans not to exceed #f1jjj1jjj1jjj1 subject to the terms and conditions in subsection 7b72 and 7#b7 #ej1jjj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section and the ,office of ,housing programs generally1 including information technology1 financial reporting1 research and evaluations1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjbi4 7b7 ,loan terms and conditions 7#a7 ,eligibility ,owners or sponsors of multifamily housing projects who meet each of the following requirements shall be eligible for loan assistance under this section3 7,a7 ,the multifamily housing project1 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-viability4 7,b7 ,the actual rents received by the owner or sponsor of the distressed property would not adequately sustain the debt needed to make necessary physical improvements4 7,c7 ,the owner or sponsor meets any such additional eligibility criteria as the ,secretary determines to be appropriate1 considering factors that contributed to the project's deficiencies4 7#b7 ,use of loan funds ,each recipient of loan assistance under this section may only use such loan assistance to make necessary physical improvements4 7#c7 ,loan availability ,the ,secretary shall only provide loan assistance to an owner or sponsor of a multifamily housing project when such assistance1 considered with other financial resources available to the owner or sponsor1 is needed to make the necessary physical improvements4 7#d7 ,interest rates and length ,loans provided under this section shall bear interest at #a percent1 and at origination shall have a repayment period coterminous with the affordability period established under paragraph 7#f71 with the frequency and amount of repayments to be determined by requirements established by the ,secretary4 7#e7 ,loan modifications or forgiveness ,with respect to loans provided under this section1 the ,secretary may take any of the following actions if the ,secretary determines that doing so will preserve affordability of the project3 7,a7 ,waive any due on sale or due on refinancing restriction4 7,b7 ,consent to the terms of new debt to which the loans may be subordinate1 even if such new debt would impact the repayment of the loans4 7,c7 ,extend the term of the loan4 7,d7 ,forgive the loan in whole or in part4 7#f7 ,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 #cj years or1 if the project is not currently subject to a use agreement establishing affordability requirements1 by establishing a use agreement for #cj years4 7#g7 ,matching contribution ,each recipient of loan assistance under this section shall secure at least #bj percent of the total cost needed to make the necessary physical improvements from non-,federal sources1 except in cases where the ,secretary determines that a lack of financial resources qualifies a loan recipient for-- 7,a7 a reduced contribution below #bj percent2 or 7,b7 an exemption to the matching contribution requirement4 7#h7 ,additional loan conditions ,the ,secretary may establish additional conditions for loan eligibility provided under this section as the ,secretary determines to be appropriate4 7#i7 ,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 ,secretary1 the ,secretary may use funds available under this section as necessary to pay for the costs of modifying such loan4 7c7 ,definitions ,as used in this section-- 7#a7 the term multifamily housing project means a project consisting of five or more dwelling units assisted or approved to receive a transfer of assistance1 insured1 or with a loan held by the ,secretary or a ,state or ,state agency in part or in whole pursuant to-- 7,a7 section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 not including subsection 7o77#ac7 of such section2 7,b7 section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq71 as amended by section #hja of the ,cranston-,gonzalez ,national ,affordable ,housing ,act2 7,c7 section #bjb of the ,housing ,act of #aiei 7former #ab ,u4,s4,c4 #agjaq71 as such section existed before the enactment of the ,cranston-,gonzalez ,national ,affordable ,housing ,act2 7,d7 section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac72 or 7,e7 section #bcf of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaez-#a72 and 7#b7 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 occupancy4 7d7 ,waiver ,the ,secretary may waive or specify alternative requirements for any provision of subsection 7c7 or 7bb7 of section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c71 #adcg;f7bb77 upon a finding that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section4 7e7 ,implementation ,the ,secretary shall have the authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjjh4 ,investments in rural rental housing 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,rural ,housing ,service of the ,department of ,agriculture for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #a1hjj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for the ,administrator of the ,rural ,housing ,service for making loans and grants for new construction1 improvements to energy and water efficiency or climate resilience1 the removal of health and safety hazards1 and the preservation and revitalization of housing for other purposes described under section #ead of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhd71 subsections 7a77#a7 through 7a77#b71 7b77#a7 through 7b77#c71 7b77#e7 through 7aa77#b77;,a71 and 7aa77#d7 of section #eae of such ,act 7#db ,u4,s4,c4 #adhe7;a77#a7-db ,u4,s4,c4 #adhe7;a77#b71 #db ,u4,s4,c4 #adhe7;b77#a7-7;b77#c71 #db ,u4,s4,c4 #adhe7;b77#e7-db ,u4,s4,c4 #adhe7;aa77#b77;,a71 #db ,u4,s4,c4 #adhe7;aa77#d771 and #eaf of such act 7#db ,u4,s4,c4 #adhf71 subject to the terms and conditions in subsection 7b72 7#b7 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to provide continued assistance pursuant to section #cbjc of the ,american ,rescue ,plan ,act of #bjba2 and 7#c7 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 for the costs to the ,rural ,housing ,service of the ,department of ,agriculture of administering and overseeing the implementation of this section1 including information technology1 financial reporting1 research and evaluations1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 7b7 ,preservation and revitalization terms and conditions 7#a7 ,loans and grants and other assistance ,the ,administrator of the ,rural ,housing ,service of the ,department of ,agriculture shall provide direct loans and grants1 including the cost of modifying loans1 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 laborers1 including-- 7,a7 reducing or eliminating interest2 7,b7 deferring loan payments2 7,c7 subordinating1 reducing1 or re-amortizing loan debt2 and 7,d7 providing other financial assistance1 including advances1 payments1 and incentives 7including the ability of owners to obtain reasonable returns on investment7 required by the ,secretary1 including such assistance to non-profit entities and public housing authorities4 7#b7 ,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 restructuring4 7c7 ,implementation ,the ,administrator of the ,rural ,housing ,service of the ,department of ,agriculture shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjji4 ,housing vouchers 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #ae1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for-- 7,a7 incremental tenant-based rental assistance for extremely low-income families under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o772 7,b7 renewals of such tenant-based rental assistance2 and 7,c7 fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph 7,a71 which may include the cost of facilitating the use of voucher assistance provided under paragraph 7#e72 7#b7 #g1ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for-- 7,a7 incremental tenant-based rental assistance under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77 for households experiencing or at risk of homelessness1 survivors of domestic violence1 dating violence1 sexual assault1 and stalking1 and survivors of trafficking2 7,b7 renewals of such tenant-based rental assistance2 and 7,c7 fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph 7,a71 which may include the cost of facilitating the use of voucher assistance provided under paragraph 7#e72 7#c7 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for-- 7,a7 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 title2 7,b7 renewals of such tenant-based rental assistance2 and 7,c7 fees for the costs of administering tenant-based rental assistance and other expenses related to the utilization of voucher assistance under subparagraph 7,a71 which may include the cost of facilitating the use of voucher assistance provided under paragraph 7#e72 7#d7 #cjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for competitive grants1 subject to terms and conditions determined by the ,secretary1 to public housing agencies for mobility-related services for voucher families1 including families with children1 and service coordination2 7#e7 #bcj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for eligible expenses to facilitate the use of voucher assistance under this section and for other voucher assistance under section #h7o7 of the ,united ,states ,housing ,act of #aicg1 as determined by the ,secretary1 in addition to amounts otherwise available for such expenses1 including property owner outreach and retention activities such as incentive payments1 security deposit payments and loss reserves1 landlord liaisons1 and other uses of funds designed primarily-- 7,a7 to recruit owners of dwelling units1 particularly dwelling units in census tracts with a poverty rate of less than #bj percent1 to enter into housing assistance payment contracts2 and 7,b7 to encourage owners that enter into housing assistance payment contracts as described in subparagraph 7,a7 to continue to lease their dwelling units to tenants assisted under section #h7o7 of the ,united ,states ,housing ,act of #aicg2 7#f7 #cjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the costs to the ,secretary of administering and overseeing the implementation of this section and the ,housing ,choice ,voucher program generally1 including information technology1 financial reporting1 research and evaluations1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs2 and 7#g7 #gj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 agencies4 7b7 ,terms and conditions 7#a7 ,allocation ,the ,secretary shall allocate initial incremental assistance provided for rental assistance under subsection 7a77#a7 and 7#b7 in each fiscal year commencing in #bjbb and ending in #bjbf in accordance with a formula or formulas that include measures of severe housing need among extremely low-income renters and public housing agency capacity1 and ensures geographic diversity among public housing agencies administering the ,housing ,choice ,voucher program4 7#b7 ,election to administer ,the ,secretary shall establish a procedure for public housing agencies to accept or decline the incremental vouchers made available under this section4 7#c7 ,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 time1 the ,secretary may offset the agency's voucher renewal allocations and may revoke and redistribute any unleased vouchers and associated funds1 which may include administrative fees and amounts allocated under subsections 7a77#c7 and 7a77#d71 to other public housing agencies4 7#d7 ,limitation of use of funds ,public housing agencies may use funds received under this section only for the activities listed in subsection 7a7 for which the funds were provided to such agency4 7#e7 ,cap on project-based vouchers for vulnerable populations ,upon request by a public housing agency1 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 #h7o77#ac77;,b7 of the ,united ,states ,housing ,act of #aicg1 in accordance with the conditions established by the ,secretary4 ,this paragraph may not be construed to waive1 limit1 or specify alternative requirements1 or permit such waivers1 limitations1 or alternative requirements1 related to fair housing and nondiscrimination1 including the requirement to provide housing and services to individuals with disabilities in integrated settings4 7#f7 ,homeless waiver authority ,in administering the voucher assistance targeted for households experiencing or at risk of homelessness1 survivors of domestic violence1 dating violence sexual assault1 and stalking1 and survivors of trafficking under subsection 7a77#b71 the ,secretary may1 upon a finding that a waiver or alternative requirement is necessary to facilitate the use of such assistance1 waive or specify alternative requirements for-- 7,a7 section #h7o77#f77;,a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#f77;,a77 and regulatory provisions related to the administration of waiting lists and local preferences2 7,b7 section #bad7;d77#b7 of the ,housing and ,community ,development ,act of #aihj 7#db ,u4,s4,c4 #adcf;a7d77#b771 section #egf7;a71 7b71 and 7c7 of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffa7;a71 7b71and 7c771 and regulatory provisions related to the verification of eligibility1 eligibility requirements1 and the admissions process2 7,c7 section #h7o777#g77;,a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#g77;,a77 and regulatory provisions related to the initial lease term2 7,d7 section #h7r77,b77i7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7r77,b77i77 and regulatory provisions related to portability moves by non-resident applicants2 and 7,e7 regulatory provisions related to the establishment of payment standards4 7c7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjaj4 ,project-based rental assistance 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #hhj1jjj1jjj for the project-based rental assistance program1 as authorized under section #h7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7b771 7in this section referred to as the 8,act071 subject to the terms and conditions of subsection 7b7 of this section2 7#b7 #bj1jjj1jjj for providing technical assistance to recipients of or applicants for project-based rental assistance or to ,states allocating the project-based rental assistance2 and 7#c7 #ajj1jjj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section and the section #h project-based rental assistance program generally1 including information technology1 financial reporting1 research and evaluations1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,terms and conditions 7#a7 ,authority ,notwithstanding section #h7;a7 the ,act 7#db ,u4,s4,c4 #adcg;f7a771 the ,secretary may use amounts made available under this section to provide assistance payments with respect to newly constructed housing1 existing housing1 or substantially rehabilitated non-housing structures for use as new multifamily housing in accordance with this section and the provisions of section #h of the ,act4 ,in addition1 the ,secretary may use amounts made available under this section for performance-based contract administrators for section #h project-based assistance1 for carrying out this section and section #h of the ,act4 7#b7 ,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 housing1 to substantially rehabilitate existing housing1 to substantially rehabilitate non-housing structures for use as new multifamily housing1 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 #h of the ,act4 ,in awarding contracts pursuant to this section1 the ,secretary shall give priority to owners or prospective owners of multifamily housing projects located or to be located in areas of high opportunity1 as defined by the ,secretary1 in areas experiencing economic growth or rising housing prices to prevent displacement or secure affordable housing for low-income households1 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 standards4 7#c7 ,allocation ,the ,secretary shall make awards with amounts made available under this section using the following mechanisms1 alone or in combination3 7,a7 ,a competitive process1 which the ,secretary may carry out in multiple rounds of competition1 each of which may have its own selection1 performance1 and reporting criteria as established by the ,secretary4 7,b7 ,selecting proposals submitted through ,,fha loan applications that meet specified criteria4 7,c7 ,delegating to ,states the awarding of contracts1 including related determinations such as the maximum monthly rent1 subject to the requirements of section #h of the ,act1 as determined by the ,secretary4 7#d7 ,contract term1 rent setting1 and rent adjustments ,the ,secretary may set the terms of the contract1 including the duration and provisions regarding rent setting and rent adjustments4 7c7 ,waivers ,the ,secretary may waive or specify alternative requirements for any provision of subsection 7c7 or 7bb7 of section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c71 #adcg;f7bb77 upon a finding that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section4 7d7 ,implementation ,the ,secretary shall have the authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjaa4 ,investments in ,native ,american ,communities 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #bgg1ejj1jjj for formula grants for eligible affordable housing activities described in section #bjb of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7in this section referred to as ,,nahasda7 7#be ,u4,s4,c4 #dacb71 which shall be distributed according to the most recent fiscal year funding formula for the ,indian ,housing ,block ,grant2 7#b7 #bjj1jjj1jjj for-- 7,a7 affordable housing activities authorized under section #haj7;a7 of ,,nahasda 7#be ,u4,s4,c4 #dbbi72 7,b7 community-wide infrastructure and infrastructure improvement projects carried out on ,hawaiian ,home ,lands pursuant to section #haj7;b77#e7 of ,,nahasda 7#be ,u4,s4,c4 #dbbi7;b77#e772 and 7,c7 rental assistance to ,native ,hawaiians 7as defined in section #hja of ,,nahasda 7#be ,u4,s4,c4 #dbba77 on and off ,hawaiian ,home ,lands2 7#c7 #bgg1ejj1jjj for competitive grants for eligible affordable housing activities described in section #bjb of ,,nahasda 7#be ,u4,s4,c4 #dacb72 7#d7 #bjj1jjj1jjj for-- 7,a7 competitive single-purpose ,indian community development block grants for ,indian tribes2 and 7,b7 imminent threat ,indian community development block grants1 including for long-term environmental threats and relocation1 for ,indian tribes1 or a tribal organization1 governmental entity1 or nonprofit organization designated by the ,indian tribe to apply for a grant on its behalf2 7#e7 #be1jjj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section and ,indian and ,native ,hawaiian programs administered by the ,secretary1 including information technology1 financial reporting1 research and evaluations1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs2 and 7#f7 #bj1jjj1jjj to make new awards or increase prior awards to technical assistance providers to provide an immediate increase in capacity building and technical assistance to grantees4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,reallocation ,amounts made available under subsection 7a77#a7 that are not accepted within a time specified by the ,secretary1 are voluntarily returned1 or are otherwise recaptured for any reason shall be used to fund grants under paragraph 7#c7 or 7#d7 of subsection 7a74 7c7 ,undisbursed funds ,amounts provided under this ,act that remain undisbursed may not be used as a basis to reduce any grant allocation under section #cjb of ,,nahasda 7#be ,u4,s4,c4 #daeb7 to an ,indian tribe in any fiscal year4 7d7 ,prohibition on investments ,amounts made available under this section may not be invested in investment securities and other obligations4 7e7 ,waivers ,with respect to amounts made available under this section1 the ,secretary may1 upon a finding that a waiver or alternative requirement is necessary to facilitate the use of such amounts1 waive or specify alternative requirements for any ,indian housing block grants1 ,native ,hawaiian housing block grants1 or ,indian community development block grants issued pursuant to this section1 other than requirements related to fair housing1 nondiscrimination1 labor standards1 and the environment4 7f7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djjab4 ,increased affordable housing program investment ,notwithstanding subsection 7j77#e77;,c7 of section #aj of the ,federal ,home ,loan ,bank ,act 7#ab ,u4,s4,c4 #adcj71 in #bjbb and every year thereafter until #bjbg1 each ,federal ,home ,loan ,bank shall annually contribute #ae percent of the preceding year's net income of the ,federal ,home ,bank1 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 #ajj1jjj1jjj for each such year1 to support grants or subsidized advances through the ,affordable ,housing ,programs established and carried out under subparagraphs 7j77#a71 7#b71 7#c77;,a71 7#c77;,c71 and 7#d7 through 7#ac7 of section #aj of such ,act4 ,b #bast ,century ,sustainable and ,equitable ,communities #djaja4 ,community development block grant funding for affordable housing and infrastructure 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #a1gce1jjj1jjj for grants in accordance with sections #aja1 #ajb1 #ajc1 #ajd7;a7 through #ajd7;i71 #ajd7l71 #ajd7m71 #aje7;a7 through #aje7;g71 #ajf7;a77#b71 #ajf7;a77#d71 #ajf7;b7 through #ajf7;f71 #aji1 #aaj1 #aaa1 #aac1 #aae1 #aaf1 #abj1 and #abb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja1 #ecjb1 #ecjc1 #ecjd7;a7-7i71 #ecjd7l71 #ecjd7m71 #ecje7;a7-7g71 #ecjf7;a77#b71 #ecjf7;a77#d71 #ecjf7;b7-7f71 #ecji1 #ecaj1 #ecaa1 #ecac1 #ecae1 #ecaf1 #ecai1 and #ecba7 to grantees under subsections 7a77#b7 and 7#d7 and 7d7 of section #ajf of such ,act 7#db ,u4,s4,c4#ecjf7;a77#b71 7a77#d71 and 7d771 subject to subsection 7b7 of this section1 except that for purposes of amounts made available by this paragraph1 paragraph 7#b7 of such section #ajf7;a7 shall be applied by substituting #gj1jjj1jjj for #g1jjj1jjj2 7#b7 #gjj1jjj1jjj for grants in accordance with sections #aja1 #ajb1 #ajc1 #ajd7;a7 through #ajd7;i71 #ajd7l71 #ajd7m71 #aje7;a7 through #aje7;g71 #ajf7;a77#b71 #ajf7;a77#d71 #ajf7;b7 through #ajf7;f71 #aji1 #aaj1 #aaa1 #aac1 #aae1 #aaf1 #abj1 and #abb of title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja1 #ecjb1 #ecjc1 #ecjd7;a7-7i71 #ecjd7l71 #ecjd7m71 #ecje7;a7-7g71 #ecjf7;a77#b71 #ecjf7;a77#d71 #ecjf7;b7-7f71 #ecji1 #ecaj1 #ecaa1 #ecac1 #ecae1 #ecaf1 #ecai1 and #ecba7 to community development block grant grantees1 as determined by the ,secretary1 under subsections 7a77#d7 and 7b7 through 7f7 of section #ajf of such ,act 7#ecjf7;a77#d7 and #ecjf7;b7-7f771 only for colonias1 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 areas1 except that grantees may use funds in colonias outside of the #aej-mile border area upon approval of the ,secretary2 7#c7 #ejj1jjj1jjj for grants in accordance with sections #aja1 #ajb1 #ajc1 #ajd7;a7 through #ajd7;i71 #ajd7l71 #ajd7m71 #aje7;a7 through #aje7;g71 #ajf7;a77#b71 #ajf7;a77#d71 #ajf7;b7 through #ajf7;f71 #aji1 #aaj1 #aaa1 #aac1 #aae1 #aaf1 #abj1 and #abb of title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja1 #ecjb1 #ecjc1 #ecjd7;a7-7i71 #ecjd7l71 #ecjd7m71 #ecje7;a7-7g71 #ecjf7;a77#b71 #ecjf7;a77#d71 #ecjf7;b7-7f71 #ecji1 #ecaj1 #ecaa1 #ecac1 #ecae1 #ecaf1 #ecai1 and #ecba71 to eligible recipients under subsection 7c7 of this section for manufactured housing infrastructure improvements in eligible manufactured home communities2 7#d7 #hg1ejj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section1 the ,community ,development ,block ,grant program1 and the manufactured home construction and safety standards program generally1 including information technology1 financial reporting1 research and evaluations1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs2 and 7#e7 #bg1ejj1jjj for providing technical assistance to recipients of or applicants for grants under this section4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,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 #djjjb of this title4 7c7 ,manufactured housing community improvement grant program 7#a7 ,establishment ,the ,secretary of ,housing and ,urban ,development shall carry out a competitive grant program to award funds appropriated under subsection 7a77#c7 to eligible recipients to carry out eligible projects for improvements in eligible manufactured home communities4 7#b7 ,eligible projects ,amounts from grants under this subsection shall be used to assist in carrying out a project for construction1 reconstruction1 repair1 or clearance of housing1 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 community4 7d7 ,waivers ,the ,secretary may waive or specify alternative requirements for any provision of title ,i of the ,housing and ,community ,development ,act of #aigd specified in subsection 7a77#a71 7a77#b71 or 7a77#c71 or regulation that the ,secretary administers in connection with use of amounts made available under this section other than requirements related to fair housing1 nondiscrimination1 labor standards1 and the environment1 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 section4 7e7 ,definitions ,for purposes of this section1 the following definitions shall apply3 7#a7 ,colonia area ,the term colonia area means any census tract that-- 7,a7 is an area of the ,united ,states within #aej miles of the contiguous border between the ,united ,states and ,mexico1 except as otherwise determined by the ,secretary2 and 7,b7 lacks potable water supply1 adequate sewage systems1 or decent1 safe1 sanitary housing1 or other objective criteria as approved by the ,secretary4 7#b7 ,eligible manufactured home community ,the term eligible manufactured home community means a community that-- 7,a7 is affordable to low- and moderate-income persons 7as such term is defined in section #ajb7;a7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb7;a7772 and 7,b7 7i7 is owned by the residents of the manufactured housing community through a resident-controlled entity1 as defined by the ,secretary1 in which at least two-thirds of residents are member-owners of the land-owning entity2 or 7ii7 will be maintained as such a community1 and remain affordable for low- and moderate-income families1 to the maximum extent practicable and for the longest period feasible4 7#c7 ,eligible recipient ,the term eligible recipient means a partnership of-- 7,a7 a grantee under paragraph 7#b7 or 7#d7 of section #ajf7;a7 or section #ajf7;d7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf7;a77#b71 7a77#d71 and 7d772 and 7,b7 an eligible manufactured home community1 a nonprofit entity1 or a consortia of nonprofit entities working with an eligible manufactured home community4 7#d7 ,manufactured home community ,the term manufactured home community means any community1 court1 or park equipped to accommodate manufactured homes for which pad sites1 with or without existing manufactured homes or other allowed homes1 or other suitable sites1 are used primarily for residential purposes1 with any additional requirements as determined by the ,secretary1 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 communities4 7f7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djajb4 ,lead-based paint hazard control and housing-related health and safety hazard mitigation in housing of families with lower incomes 7a7 ,appropriation ,in addition to amounts otherwise made available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #c1dbe1jjj1jjj for grants to ,states1 units of general local government1 ,indian tribes or their tribally designated housing entities1 and nonprofit organizations for the activities under subsection 7c7 in target housing units that do not receive ,federal housing assistance other than assistance provided under subsection #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o771 excluding paragraph 7o77#ac7 of such section1 and common areas servicing such units1 where low-income families reside or are expected to reside2 7#b7 #bej1jjj1jjj for grants to ,states or units of general local government or nonprofit entities for the activities in subsection 7c7 in target housing units1 and common areas servicing such units1 that are being assisted under the ,weatherization ,assistance ,program authorized under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa-fhgb7 but are not assisted under any other ,federal housing program other than subsection #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o771 excluding paragraph #h7o77#ac7 of such section2 7#c7 #a1jjj1jjj1jjj for grants to owners of a property receiving project-based rental assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 including under subsection 7o77#ac7 of such section1 that meets the definition of target housing and that has not received a grant for similar purposes under this ,act1 for the activities in subsection 7c71 except for abatement of lead-based paint by enclosure or encapsulation1 or interim controls of lead-based paint hazards in target housing units receiving such assistance and common areas servicing such units2 7#d7 #ge1jjj1jjj for costs related to training and technical assistance to support identification and mitigation of lead and housing-related health and safety hazards1 research1 and evaluation2 and 7#e7 #bej1jjj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section1 and the ,secretary's lead hazard reduction and related programs generally including information technology1 financial reporting1 research and evaluations1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,terms and conditions 7#a7 ,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 programs1 provided such determination does not require additional action by other ,federal agencies4 7#b7 ,housing families with young children ,an owner of rental property that receives assistance under subsection 7a77#c7 shall give priority in renting units for which the lead-based paint has been abated pursuant to subsection 7a77#c71 for not less than #c years following the completion of lead abatement activities1 to families with a child under the age of #f years4 7#c7 ,administrative expenses ,a recipient of a grant under this section may use up to #aj percent of the grant for administrative expenses associated with the activities funded by this section4 7c7 ,eligible activities ,grants awarded under this section shall be used for purposes of building capacity and conducting activities relating to testing1 evaluating1 and mitigating lead-based paint1 lead-based paint hazards1 and housing-related health and safety hazards2 outreach1 education1 and engagement with community stakeholders1 including stakeholders in disadvantaged communities2 program evaluation and research2 grant administration1 and other activities that directly or indirectly support the work under this section1 as applicable1 that without which such activities could not be conducted4 7d7 ,definitions ,for purposes of this section1 the following definitions1 and definitions in paragraphs 7#a71 7#b71 7#c71 7#e71 7#f71 7#g71 7#aj7 through 7#ag71 and 7#bj7 through 7#bg7 of section #ajjd of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib 7#db ,u4,s4,c4 #dhea;b7#a7-7c71 #db ,u4,s4,c4 #dhea;b7#e7-7g71 #db ,u4,s4,c4 #dhea;b7#aj7-7ag74 #db ,u4,s4,c4 #dhea;b7#bj7-7bg71 shall apply3 7#a7 ,nonprofit2 nonprofit organization ,the terms nonprofit and nonprofit organization mean a corporation1 community chest1 fund1 or foundation not organized for profit1 but organized and operated exclusively for religious1 charitable1 scientific1 testing for public safety1 literary1 or educational purposes2 or an organization not organized for profit but operated exclusively for the promotion of social welfare4 7#b7 ,public housing2 public housing agency2 low-income family ,the terms public housing1 public housing agency1 and low-income family have the same meaning given such terms in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#c7 ,state2 unit of general local government ,the terms ,state and unit of general local government have the same meaning given such terms in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7e7 ,grant compliance ,for any grant of assistance under this section1 a ,state or unit of general local government may assume responsibilities for elements of grant compliance1 regardless of whether it is the grant recipient1 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 #ajaa of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib 7#db ,u4,s4,c4 #dheb74 7f7 ,implementation ,the ,secretary shall have the authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djajc4 ,unlocking possibilities program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #a1fdf1jjj1jjj for awarding grants under section #aja1 #ajb1 #ajc1 #ajd7;a7 through #ajd7;i71 #ajd7l71 #ajd7m71 #aje7;a7 through #aje7;g71 #ajf7;a77#b71 #ajf7;a77#d71 #ajf7;b7 through #ajf7;f71 #aji1 #aaj1 #aaa1 #aac1 #aae1 #aaf1 #abj1 and #abb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja1 #ecjb1 #ecjc1 #ecjd7;a7-7i71 #ecjd7l71 #ecjd7m71 #ecje7;a7-7g71 #ecjf7;a77#b71 #ecjf7;a77#d71 #ecjf7;b7-7f71 #ecji1 #ecaj1 #ecaa1 #ecac1 #ecae1 #ecaf1 #ecai1 and #ecba7 awarded on a competitive basis to eligible recipients to carry out grants under subsection 7c7 of this section2 7#b7 #h1jjj1jjj for research and evaluation related to housing planning and other associated costs2 7#c7 #cj1jjj1jjj to provide technical assistance to grantees or applicants for grants made available by this section2 and 7#d7 #ff1jjj1jjj 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 generally1 including information technology1 financial reporting1 research and evaluations1 and other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,program establishment ,the ,secretary of ,housing and ,urban ,development shall establish a competitive grant program for-- 7#a7 planning grants to develop and evaluate housing plans and substantially improve housing strategies2 7#b7 streamlining regulatory requirements and shorten processes1 reform zoning codes1 increasing capacity to conduct housing inspections1 or other initiatives that reduce barriers to housing supply elasticity and affordability2 7#c7 developing and evaluating local or regional plans for community development to substantially improve community development strategies related to sustainability1 fair housing1 and location efficiency2 7#d7 implementation and livable community investment grants2 and 7#e7 research and evaluation4 7c7 ,grants 7#a7 ,planning grants ,the ,secretary shall1 under selection criteria determined by the ,secretary1 award grants under this paragraph on a competitive basis to eligible entities to assist planning activities1 including administration of such activities1 engagement with community stakeholders and housing practitioners1 to-- 7,a7 develop housing plans2 7,b7 substantially improve ,state or local housing strategies2 7,c7 develop new regulatory requirements and processes1 reform zoning codes1 increasing capacity to conduct housing inspections1 or undertake other initiatives to reduce barriers to housing supply elasticity and affordability2 7,d7 develop local or regional plans for community development2 and 7,e7 substantially improve community development strategies1 including strategies to increase availability and access to affordable housing1 to further access to public transportation or to advance other sustainable or location-efficient community development goals4 7#b7 ,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-- 7,a7 completed housing strategies and housing plans and any planning to affirmatively further fair housing within the meaning of subsections 7d7 and 7e7 of section #hjh of the ,fair ,housing ,act 7#db ,u4,s4,c4 #fjh7 and applicable regulations and for community investments that support the goals identified in such housing strategies or housing plans2 7,b7 new regulatory requirements and processes1 reformed zoning codes1 increased capacity to conduct housing inspections1 or other initiatives to reduce barriers to housing supply elasticity and affordability that are consistent with a plan under subparagraph 7,a72 7,c7 completed local or regional plans for community development and any planning to increase availability and access to affordable housing1 access to public transportation and other sustainable or location-efficient community development goals4 7d7 ,coordination with ,,fta ,administrator ,to the extent practicable1 the ,secretary shall coordinate with the ,federal ,transit ,administrator in carrying out this section4 7e7 ,definitions ,for purposes of this section1 the following definitions apply3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 insular area1 metropolitan city1 or urban county1 as such terms are defined in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb72 or 7,b7 for purposes of grants under subsection 7b77#a71 a regional planning agency or consortia4 7#b7 ,housing plan2 housing strategy 7,a7 ,housing plan ,the term housing plan means a plan of an eligible entity to1 with respect to the area within the jurisdiction of the eligible entity-- 7i7 match the creation of housing supply to existing demand and projected demand growth in the area1 with attention to preventing displacement of residents1 reducing the concentration of poverty1 and meaningfully reducing and not perpetuating housing segregation on the basis of race1 color1 religion1 natural origin1 sex1 disability1 or familial status2 7ii7 increase the affordability of housing in the area1 increase the accessibility of housing in the area for people with disabilities1 including location-efficient housing1 and preserve or improve the quality of housing in the area2 7iii7 reduce barriers to housing development in the area1 with consideration for location efficiency1 affordability1 and accessibility2 and 7iv7 coordinate with the metropolitan transportation plan of the area under the jurisdiction of the eligible entity1 or other regional plan4 7,b7 ,housing strategy ,the term housing strategy means the housing strategy required under section #aje of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgje74 7f7 ,costs to grantees ,up to #ae percent of a recipient's grant may be used for administrative costs4 7g7 ,rules of construction 7#a7 ,in general ,except as otherwise provided by this section1 amounts appropriated or otherwise made available under this section shall be subject to the community development block grant program requirements under subsection 7a77#a74 7#b7 ,exceptions 7,a7 ,housing ,construction ,expenditures on new construction of housing shall be an eligible expense under this section4 7,b7 ,buildings for ,general ,conduct of ,government ,expenditures on building for the general conduct of government1 other than the ,federal ,government1 shall be eligible under this section when necessary and appropriate as a part of a natural hazard mitigation project4 7h7 ,waivers ,the ,secretary may waive or specify alternative requirements for any provision of subsection 7a77#a7 or regulation for the administration of the amounts made available under this section other than requirements related to fair housing1 nondiscrimination1 labor standards1 and the environment1 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 section4 7i7 ,implementation ,the ,secretary shall have the authority to issue such regulations notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djajd4 ,strengthening resilience under national flood insurance program 7a7 ,,nfip program activities 7#a7 ,cancellation ,all indebtedness of the ,administrator of the ,federal ,emergency ,management ,agency under any notes or other obligations issued pursuant to section #acji7;a7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaf7;a77 and section #ae7;e7 of the ,federal ,insurance ,act of #aief 7#db ,u4,s4,c4 #bdad7;e771 and outstanding as of the date of the enactment of this ,act1 is hereby cancelled1 the ,administrator and the ,national ,flood ,insurance ,fund are relieved of all liability under any such notes or other obligations1 including for any interest due1 including capitalized interest1 and any other fees and charges payable in connection with such notes and obligations4 7#b7 ,use of savings for flood mapping ,in addition to amounts otherwise available1 for each of fiscal years #bjbb and #bjbc1 an amount equal to the interest the ,national ,flood ,insurance ,program would have accrued from servicing the canceled debt under paragraph 7#a7 in that fiscal year1 which shall be derived from offsetting amounts collected under section #acaj7;d7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djag7;d77 and shall remain available until expended for activities identified in section #ajjbaf 7b77#a77;,a7 of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7#db ,u4,s4,c4 #daja;b7b77#a77;,a77 and related salaries and administrative expenses4 7b7 ,means-tested assistance for ,national ,flood ,insurance ,program policyholders 7#a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of the ,federal ,emergency ,management ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to provide assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties4 7#b7 ,terms and conditions 7,a7 ,discounts ,the ,administrator shall use funds provided under this subsection to establish graduated discounts available to eligible policyholders under this subsection1 with respect to covered properties1 which may be based on the following factors3 7i7 ,the percentage by which the household income of the eligible policyholder is equal to1 or less than1 #abj percent of the area median income for the area in which the property to which the policy applies is located4 7ii7 ,the number of eligible policyholders participating in the program authorized under this subsection4 7iii7 ,the availability of funding4 7,b7 ,distribution of premium ,with respect to the amount of the discounts provided under this subsection in a fiscal year1 and any administrative expenses incurred in carrying out this subsection for that fiscal year1 the ,administrator shall1 from amounts made available to carry out this subsection for that fiscal year1 deposit in the ,national ,flood ,insurance ,fund established under section #acaj of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djag7 an amount equal to those discounts and administrative expenses1 except to the extent that section #acaj;,a of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djag;a7 applies to any portion of those discounts or administrative expenses1 in which case the ,administrator shall deposit an amount equal to those amounts to which such section #acaj;,a applies in the ,national ,flood ,insurance ,reserve ,fund established under such section #acaj;,a4 7,c7 ,requirement on timing ,not later than #ba months after the date of the enactment of this section1 the ,administrator shall issue interim guidance to implement this subsection which shall expire on the later of-- 7i7 the date that is #fj months after the date of the enactment of this section2 or 7ii7 the date on which a final rule issued to implement this subsection takes effect4 7#c7 ,definitions ,in this subsection3 7,a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 7,b7 ,covered property ,the term covered property means-- 7i7 a primary residential dwelling designed for the occupancy of from #a to #d families2 or 7ii7 personal property relating to a dwelling described in clause 7i7 or personal property in the primary residential dwelling of a renter4 7,c7 ,eligible policyholder ,the term eligible policyholder means a policyholder with a household income that is not more than #abj percent of the area median income for the area in which the property to which the policy applies is located4 7,d7 ,insurance costs ,the term insurance costs means insurance premiums1 fees1 and surcharges charged under the ,national ,flood ,insurance ,program1 with respect to a covered property for a year4 #djaje4 ,community ,restoration and ,revitalization ,fund 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,community ,restoration and ,revitalization ,fund established under subsection 7b7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #b1jjj1jjj1jjj for awards of planning and implementation grants under section #aja1 #ajb1 #ajc1 #ajd7;a7 through #ajd7;i71 #ajd7l71 #ajd7m71 #aje7;a7 through #aje7;g71 #ajf7;a77#b71 #ajf7;a77#d71 #ajf7;b7 through #ajf7;f71 #aji1 #aaj1 #aaa1 #aac1 #aae1 #aaf1 #abj1 and #abb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja1 #ecjb1 #ecjc1 #ecjd7;a7-7i71 #ecjd7l71 #ecjd7m71 #ecje7;a7-7g71 #ecjf7;a77#b71 #ecjf7;a77#d71 #ecjf7;b7-7f71 #ecji1 #ecaj1 #ecaa1 #ecac1 #ecae1 #ecaf1 #ecai1 and #ecba71 awarded on a competitive basis to eligible recipients1 as defined under subsection 7c77#b7 of this section1 to carry out community-led projects to create equitable civic infrastructure and create or preserve affordable1 accessible housing1 including creating1 expanding1 and maintaining community land trusts and shared equity homeownership programs2 7#b7 #ejj1jjj1jjj for planning and implementation grants under section #aja1 #ajb1 #ajc1 #ajd7;a7 through #ajd7;i71 #ajd7l71 #ajd7m71 #aje7;a7 through #aje7;g71 #ajf7;a77#b71 #ajf7;a77#d71 #ajf7;b7 through #ajf7;f71 #aji1 #aaj1 #aaa1 #aac1 #aae1 #aaf1 #abj1 and #abb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja1 #ecjb1 #ecjc1 #ecjd7;a7-7i71 #ecjd7l71 #ecjd7m71 #ecje7;a7-7g71 #ecjf7;a77#b7 #ecjf7;a77#d71 #ecjf7;b7-7f71 #ecji1 #ecaj1 #ecaa1 #ecac1 #ecae1 #ecaf1 #ecai1 and #ecba71 awarded on a competitive basis to eligible recipients to create1 expand1 and maintain community land trusts and shared equity homeownership1 including through the acquisition1 rehabilitation1 and new construction of affordable1 accessible housing2 7#c7 #djj1jjj1jjj for the ,secretary to provide technical assistance1 capacity building1 and program support to applicants1 potential applicants1 and recipients of amounts appropriated for grants under this section2 and 7#d7 #ajj1jjj1jjj 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 generally1 including information technology1 financial reporting1 research and evaluations1 and other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 7b7 ,establishment of ,fund ,the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 shall establish a ,community ,restoration and ,revitalization ,fund 7in this section referred to as the ,fund7 to award planning and implementation grants on a competitive basis to eligible recipients as defined in this section for activities authorized under subsections 7a7 through 7g7 of section #aje of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecje7 and under this section for community-led affordable housing and civic infrastructure projects4 7c7 ,eligible geographical areas1 recipients1 and applicants 7#a7 ,geographical areas ,the ,secretary shall award grants from the ,fund to eligible recipients within geographical areas at the neighborhood1 county1 or census tract level1 including census tracts adjacent to the project area that are areas in need of investment1 as demonstrated by two or more of the following factors3 7,a7 ,high and persistent rates of poverty4 7,b7 ,population at risk of displacement due to rising housing costs4 7,c7 ,dwelling unit sales prices that are lower than the cost to acquire and rehabilitate1 or build1 a new dwelling unit4 7,d7 ,high proportions of residential and commercial properties that are vacant due to foreclosure1 eviction1 abandonment1 or other causes4 7,e7 ,low rates of homeownership by race and ethnicity1 relative to the national homeownership rate4 7#b7 ,eligible recipient ,an eligible recipient of a planning or implementation grant under subsection 7a77#a7 or an implementation grant under subsection 7a77#b7 shall be a local partnership of a lead applicant and one or more joint applicants with the ability to administer the grant4 ,an eligible recipient of a planning grant under subsection 7b77#a7 shall be a lead applicant with the ability to administer the grant1 including a regional1 ,state1 or national nonprofit4 7d7 ,eligible recipients and applicants 7#a7 ,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 project1 or derives its mission and operational priorities from the needs of the geographic area of the project1 demonstrates a commitment to anti-displacement efforts1 and that is-- 7,a7 a nonprofit organization that has expertise in community planning1 engagement1 organizing1 housing and community development2 7,b7 a community development corporation2 7,c7 a community housing development organization2 7,d7 a community-based development organization2 or 7,e7 a community development financial institution1 as defined by section #ajc of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb74 7#b7 ,joint applicants ,a joint applicant shall be an entity eligible to be a lead applicant in paragraph 7#a71 or a local1 regional1 or national-- 7,a7 nonprofit organization2 7,b7 community development financial institution2 7,c7 unit of general local government2 7,d7 ,indian tribe2 7,e7 ,state housing finance agency2 7,f7 land bank2 7,g7 fair housing enforcement organization 7as such term is defined in section #efa of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a772 7,h7 public housing agency2 7,i7 tribally designated housing entity2 or 7,j7 philanthropic organization4 7#c7 ,lack of local entity ,a regional1 ,state1 or national nonprofit organization may serve as a lead entity if there is no local entity that meets the geographic requirements in paragraph 7#a74 7e7 ,uses of funds 7#a7 ,in general ,planning and implementation grants awarded under this section shall be used to support civic infrastructure and housing-related activities4 7#b7 ,implementation grants ,implementation grants awarded under this section may be used for activities eligible under subsections 7a7 through 7g7 of section #aje of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecje7 and other activities to support civic infrastructure and housing-related activities1 including-- 7,a7 new construction of housing2 7,b7 demolition of abandoned or distressed structures1 but only if such activity is part of a strategy that incorporates rehabilitation or new construction1 anti-displacement efforts such as tenants' right to return and right of first refusal to purchase1 and efforts to increase affordable1 accessible housing and homeownership1 except that not more than #aj 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 residents2 7,c7 facilitating the creation1 maintenance1 or availability of rental units1 including units in mixed-use properties1 affordable and accessible to a household whose income does not exceed #hj percent of the median income for the area1 as determined by the ,secretary1 for a period of not less than #cj years2 7,d7 facilitating the creation1 maintenance1 or availability of homeownership units affordable and accessible to households whose incomes do not exceed #abj percent of the median income for the area1 as determined by the ,secretary2 7,e7 establishing or operating land banks2 and 7,f7 providing assistance to existing residents experiencing economic distress or at risk of displacement1 including purchasing nonperforming mortgages and clearing and obtaining formal title4 7#c7 ,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 program2 creation1 subsidization1 construction1 acquisition1 rehabilitation1 and preservation of housing in a community land trust or shared equity homeownership program1 and expanding the capacity of the recipient to carry out the grant4 7f7 ,waivers ,the ,secretary may waive or specify alternative requirements for any provision of subsection 7a77#a7 or 7a77#b71 or regulation for the administration of the amounts made available under this section other than requirements related to fair housing1 nondiscrimination1 labor standards1 and the environment1 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 section4 7g7 ,definitions ,for purposes of this section1 the following definitions shall apply3 7#a7 ,community land trust ,the term community land trust' means a nonprofit organization or ,state or local governments or instrumentalities that-- 7,a7 use a ground lease or deed covenant with an affordability period of at least #cj years or more to-- 7i7 make rental and homeownership units affordable to households2 and 7ii7 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 households2 and 7,b7 monitor properties to ensure affordability is preserved4 7#b7 ,land bank ,the term land bank means a government entity1 agency1 or program1 or a special purpose nonprofit entity formed by one or more units of government in accordance with ,state or local land bank enabling law1 that has been designated by one or more ,state or local governments to acquire1 steward1 and dispose of vacant1 abandoned1 or other problem properties in accordance with locally-determined priorities and goals4 7#c7 ,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 trust1 other nonprofit organization1 or ,state or local government or instrumentalities and that utilizes a ground lease1 deed restriction1 subordinate loan1 or similar mechanism that includes provisions ensuring that the program shall-- 7,a7 maintain the home as affordable for subsequent very low-1 low-1 or moderate-income families for an affordability term of at least #cj years after recordation2 7,b7 apply a resale formula that limits the homeowner's proceeds upon resale2 and 7,c7 provide the program administrator or such administrator's assignee a preemptive option to purchase the homeownership unit from the homeowner at resale4 7h7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djajf4 ,fair housing activities and investigations 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #edj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,fair ,housing ,initiatives ,program under section #efa of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a7 to ensure existing and new fair housing organizations have expanded and strengthened capacity to address fair housing inquiries and complaints1 conduct local1 regional1 and national testing and investigations1 conduct education and outreach activities1 and address costs of delivering or adapting services to meet increased housing market activity and evolving business practices in the housing1 housing-related1 and lending markets4 ,amounts made available under this section shall support greater organizational continuity and capacity1 including through up to #aj-year grants2 and 7#b7 #afj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 generally1 including information technology1 financial reporting1 research and evaluations1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 7b7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djajg4 ,intergovernmental fair housing activities and investigations ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #ge1jjj1jjj for support for cooperative efforts with ,state and local agencies administering fair housing laws under section #hag of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfaf7 to assist the ,secretary to affirmatively further fair housing1 and for ,fair ,housing ,assistance ,program cooperative agreements with interim certified and certified ,state and local agencies1 under the requirements of subpart ,c of part #aae of title #bd1 ,code of ,federal ,regulations1 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 laws2 and 7#b7 #be1jjj1jjj 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 generally1 including information technology1 financial reporting1 research and evaluations1 other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 ,c ,homeownership ,investments #djbja4 ,first-,generation ,downpayment ,assistance 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,first ,generation ,downpayment ,fund to increase equal access to homeownership1 established under subsection 7b7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #f1hbe1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,first-,generation ,downpayment ,assistance ,fund under this section for allocation to each ,state in accordance with a formula established by the ,secretary1 which shall take into consideration best available data to approximate the number of potential qualified homebuyers as defined in subsection 7e77#g7 as well as median area home prices1 to carry out the eligible uses of the ,fund as described in subsection 7d72 7#b7 #b1bge1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 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 7d72 7#c7 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the costs of providing housing counseling required under the ,first-,generation ,downpayment ,assistance ,program under subsection 7d77#a72 and 7#d7 #djj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the costs to the ,secretary of ,housing and ,urban ,development of administering and overseeing the implementation of the ,first-,generation ,downpayment ,assistance ,program1 including information technology1 financial reporting1 programmatic reporting1 research and evaluations1 which shall include the program's impact on racial and ethnic disparities in homeownership rates1 technical assistance to recipients of amounts under this section1 and other cross-program costs in support of programs administered by the ,secretary in this ,act1 and other costs4 7b7 ,establishment ,the ,secretary of ,housing and ,urban ,development shall establish and manage a fund to be known as the ,first ,generation ,downpayment ,fund 7in this section referred to as the ,fund7 for the uses set forth in subsection 7d74 7c7 ,allocation of ,funds 7#a7 ,initial allocation ,the ,secretary shall allocate and award funding provided by subsection 7a7 as provided under such subsection not later than #ab months after the date of the enactment of this section4 7#b7 ,reallocation ,if a ,state or eligible entity does not demonstrate the capacity to expend grant funds provided under this section1 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 section4 7d7 ,terms and conditions of grants allocated or awarded from ,fund 7#a7 ,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-- 7,a7 costs in connection with the acquisition1 involving an eligible mortgage loan1 of an eligible home1 including downpayment costs1 closing costs1 and costs to reduce the rates of interest on eligible mortgage loans2 7,b7 subsidies to make shared equity homes affordable to eligible homebuyers2 and 7,c7 pre-occupancy home modifications to accommodate qualified homebuyers or members of their household with disabilities2 7#b7 ,amount of assistance ,assistance under this section-- 7,a7 may be provided to or on behalf of any qualified homebuyer2 7,b7 may be provided to or on behalf of any qualified homebuyer only once in the form of grants or forgivable1 non-amortizing1 non-interest-bearing loans that may only be required to be repaid pursuant to paragraph 7d77#d72 and 7,c7 may not exceed the greater of #bj1jjj or #aj percent of the purchase price in the case of a qualified homebuyer1 not to include assistance received under subsection 7d77#a77;,c7 for disability related home modifications1 except that the ,secretary may increase such maximum limitation amounts for qualified homebuyers who are economically disadvantaged4 7#c7 ,prohibition of priority or recoupment of funds ,in selecting qualified homebuyers for assistance with grant amounts under this section1 a ,state or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made1 insured1 guaranteed1 or otherwise assisted by the ,state housing finance agency for the ,state1 any other housing agency of the ,state1 or an eligible entity when applicable1 nor may the ,state or eligible entity seek to recoup any funds associated with the provision of downpayment assistance to the qualified homebuyer1 whether through premium pricing or otherwise1 except as provided in paragraph 7#d7 of this subsection or otherwise authorized by the ,secretary4 7#d7 ,repayment of assistance 7,a7 ,requirement ,the ,secretary shall require that1 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 homebuyer1 except in the case of assistance provided in connection with the purchase of a principal residence through a shared equity homeownership program1 the homebuyer shall repay to the ,state or eligible entity1 as applicable1 in a proportional amount of the assistance the homebuyer receives based on the number of years they have occupied the eligible home up to #e years1 except that no assistance shall be repaid if the qualified homebuyer occupies the eligible home as a primary residence for #e years or more4 7,b7 ,limitation ,notwithstanding subparagraph 7,a71 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 hardship1 or sells the property acquired with such assistance before the expiration of the #fj-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 7,a74 7#e7 ,reliance on borrower attestations ,no additional documentation beyond the borrower's attestation shall be required to demonstrate eligibility under subparagraphs 7,b7 and 7,c7 of subsection 7e77#g7 and no ,state1 eligible entity1 or creditor shall be subject to liability based on the accuracy of such attestation4 7#f7 ,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 ,secretary4 7e7 ,definitions ,for purposes of this section1 the following definitions shall apply3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a minority depository institution1 as such term is defined in section #cjh of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note72 7,b7 a community development financial institution1 as such term is defined in section #ajc of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb71 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 populations2 7,c7 any other nonprofit entity that the ,secretary finds has a track record of providing assistance to homeowners1 targets services to minority and low-income or provides services in neighborhoods having high concentrations of minority and low-income populations2 and 7,d7 a unit of general local government1 as such term is defined in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7#b7 ,eligible home ,the term eligible home means a residential dwelling that-- 7,a7 consists of #a to #d dwelling units2 and 7,b7 will be occupied by the qualified homebuyer as the primary residence of the homebuyer4 7#c7 ,eligible mortgage loan ,the term eligible mortgage loan means a single-family residential mortgage loan that-- 7,a7 meets the underwriting requirements and dollar amount limitations for acquisition by the ,federal ,national ,mortgage ,association or the ,federal ,home ,loan ,mortgage ,corporation2 7,b7 is made1 insured1 or guaranteed under any program administered by the ,secretary2 7,c7 is made1 insured1 or guaranteed by the ,rural ,housing ,administrator of the ,department of ,agriculture2 7,d7 is a qualified mortgage1 as such term is defined in section #abi;,c7b77#b7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afci;c7b77#b772 or 7,e7 is made1 insured1 or guaranteed for the benefit of a veteran4 7#d7 ,first generation homebuyer ,the term first-generation homebuyer means a homebuyer that is1 as attested by the homebuyer-- 7,a7 an individual-- 7i7 whose parents or legal guardians do not1 or did not at the time of their death1 to the best of the individual's knowledge1 have any present ownership interest in a residence in any ,state1 excluding ownership of heir property or ownership of chattel2 and 7ii7 whose spouse or domestic partner has not1 during the #c-year period ending upon acquisition of the eligible home to be acquired using such assistance1 had any present ownership interest in a residence in any ,state1 excluding ownership of heir property or ownership of chattel1 whether the individual is a co-borrower on the loan or not2 or 7,b7 an individual who has at any time been placed in foster care or institutional care whose spouse or domestic partner has not1 during the #c-year period ending upon acquisition of the eligible home to be acquired using such assistance1 had any ownership interest in a residence in any ,state1 excluding ownership of heir property or ownership of chattel1 whether such individuals are co-borrowers on the loan or not4 7#e7 ,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 common4 7#f7 ,ownership interest ,the term ownership interest means any ownership1 excluding any interest in heir property1 in-- 7,a7 real estate in fee simple2 7,b7 a leasehold on real estate under a lease for not less than ninety-nine years which is renewable2 or 7,c7 a fee interest in1 or long-term leasehold interest in1 real estate consisting of a one-family unit in a multifamily project1 including a project in which the dwelling units are attached1 or are manufactured housing units1 semi-detached1 or detached1 and an undivided interest in the common areas and facilities which serve the project4 7#g7 ,qualified homebuyer ,the term qualified homebuyer means a homebuyer-- 7,a7 having an annual household income that is less than or equal to-- 7i7 #abj percent of median income1 as determined by the ,secretary1 for-- 7,i7 the area in which the home to be acquired using such assistance is located2 or 7,,ii7 the area in which the place of residence of the homebuyer is located2 or 7ii7 #adj percent of the median income1 as determined by the ,secretary1 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 area2 7,b7 who is a first-time homebuyer1 as such term is defined in section #ajd of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgjd71 except that for the purposes of this section the reference in such section #ajd to title ,,ii shall be considered to refer to this section1 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 homebuyer2 and 7,c7 who is a first-generation homebuyer4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#i7 ,shared equity homeownership program 7,a7 ,in general ,the term shared equity homeownership program means affordable homeownership preservation through a resale restriction program administered by a community land trust1 other nonprofit organization1 or ,state or local government or instrumentalities4 7,b7 ,affordability requirements ,any such program under subparagraph 7,a7 shall-- 7i7 provide affordable homeownership opportunities to households2 and 7ii7 utilize a ground lease1 deed restriction1 subordinate loan1 or similar mechanism that includes provisions ensuring that the program shall-- 7,i7 maintain the homeownership unit as affordable for subsequent very low-1 low-1 or moderate-income families for an affordability term of at least #cj years after recordation2 7,,ii7 apply a resale formula that limits the homeowner's proceeds upon resale2 and 7,,iii7 provide the program administrator or such administrator's assignee a preemptive option to purchase the homeownership unit from the homeowner at resale4 7#aj7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,american ,samoa4 7f7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djbjb4 ,home loan program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any amounts in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #d1jjj1jjj1jjj to the ,secretary of ,housing and ,urban ,development for the cost of guaranteed or insured loans and other obligations1 including the cost of modifying such loans1 under subsection 7e77#a77;,a72 7#b7 #ejj1jjj1jjj to the ,secretary of ,housing and ,urban ,development for costs of carrying out the program under paragraph 7#a7 and programs of the ,federal ,housing ,administration and the ,government ,national ,mortgage ,association generally1 including information technology1 financial reporting1 and other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs2 7#c7 #aej1jjj1jjj to the ,secretary of ,agriculture for the cost of guaranteed and insured loans and other obligations1 including the cost of modifying such loans1 under subsection 7e77#a77;,b72 7#d7 #ej1jjj1jjj to the ,secretary of ,agriculture for the costs of carrying out the program under paragraph 7#c7 and programs of the ,rural ,housing ,service generally1 including information technology and financial reporting in support of the ,program administered by the ,secretary of ,agriculture in this title2 and 7#e7 #cjj1jjj1jjj to the ,secretary of ,treasury for the costs of carrying out the program under this section4 7b7 ,use of funds 7#a7 ,in general 7,a7 ,the ,secretary of ,housing and ,urban ,development and the ,secretary of ,agriculture shall use the funds provided under subsections 7a77#a71 7a77#b71 7a77#c71 and 7a77#d7 to carry out the programs under subsections 7a77#a7 and 7a77#c7 to make covered mortgage loans4 7,b7 ,the ,secretary of the ,treasury shall use the funds provided under subsections 7a77#e7 and 7b77#b7 to-- 7i7 purchase1 on behalf of the ,secretary of ,housing and ,urban ,development1 securities that are secured by covered mortgage loans1 and sell1 manage1 and exercise any rights received in connection with1 any financial instruments or assets acquired pursuant to the authorities granted under this section1 including1 as appropriate1 establishing and using vehicles to purchase1 hold1 and sell such financial instruments or assets2 7ii7 designate one or more banks1 security brokers or dealers1 asset managers1 or investment advisers1 as a financial agent of the ,federal ,government to perform duties related to authorities granted under this section2 and 7iii7 use the services of the ,department of ,housing and ,urban ,development on a reimbursable basis1 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 ,development4 7#b7 ,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 to1 as determined by the ,secretary of the ,treasury in consultation with the ,secretary of ,housing and ,urban ,development1 the amount necessary for the purchase of securities under the ,program during the period for which the funds are intended to be available4 7#c7 ,use of proceeds ,revenues of and proceeds from the sale1 exercise1 or surrender of assets purchased or acquired under the ,program under this section shall be available to the ,secretary of the ,treasury through ,september #cj1 #bjca1 for purposes of purchases under subsection 7b77#a77;,b77i74 7c7 ,limitation on aggregate loan insurance or guarantee authority ,the aggregate original principal obligation of all covered mortgage loans insured or guaranteed under subsection 7e77#a77;,a7 of this section may not exceed #dh1jjj1jjj1jjj1 and under section 7e77#a77;,b7 may not exceed #ab1jjj1jjj1jjj4 7d7 ,,gnma guarantee authority and fee ,to carry out the purposes of this section1 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 section1 not exceeding #fj1jjj1jjj1jjj1 and shall collect guaranty fees consistent with section #cjf7;g77#a7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agba7;g77#a77 that are paid at securitization4 7e7 ,definitions ,in this section3 7#a7 ,covered mortgage loan 7,a7 ,in general ,the term covered mortgage loan means1 for purposes of the ,program established by the ,secretary of ,housing and ,urban ,development1 a mortgage loan that-- 7i7 is insured by the ,federal ,housing ,administration pursuant to section #bjc7;b7 of the ,national ,housing ,act1 subject to the eligibility criteria set forth in this subsection1 and has a case number issued on or before ,december #ca1 #bjbi2 7ii7 is made for an original term of #bj years with a monthly mortgage payment of principal and interest that is not more than #aaj percent and not less than #ajj percent of the monthly payment of principal1 interest1 and periodic mortgage insurance premium associated with a newly originated #cj-year mortgage loan with the same loan balance insured by the agency as determined by the ,secretary2 7iii7 subject to subparagraph 7,c7 of this paragraph and notwithstanding section #bjc7;c77#b7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agji7;c77#b771 has a mortgage insurance premium of not more than #d percent of the loan balance that is paid at closing1 financed into the principal balance of the loan1 paid through an annual premium1 or a combination thereof2 7iv7 involves a rate of interest that is fixed over the term of the mortgage loan2 and 7v7 is secured by a single-family residence that is the principal residence of an eligible homebuyer4 7,b7 ,the term covered mortgage loan means1 for purposes of the ,program established by the ,secretary of ,agriculture1 a loan guaranteed under section #ejb7;h7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb7;h77 that-- 7i7 notwithstanding section #ejb7;h77#g77;,a7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb7;h77#g77;,a771 is made for an original term of #bj years with a monthly mortgage payment of principal and interest that is not more than #aaj percent and not less than #ajj percent of the monthly payment of principal1 interest1 and loan guarantee fee associated with a newly originated #cj-year mortgage loan with the same loan balance guaranteed by the agency as determined by the ,secretary2 and 7ii7 subject to subparagraph 7,c7 of this paragraph and notwithstanding section #ejb7;h77#h77;,a7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb7;h77#h77;,a771 has a loan guarantee fee of not more than #d percent of the principal obligation of the loan4 7,c7 ,waiver and alternative requirements ,the ,secretary of ,housing and ,urban ,development and the ,secretary of ,agriculture1 in consultation with the ,secretary of the ,treasury1 and notwithstanding paragraph 7#h77;,a7 of section #ejb7;h7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb7;h77#h77;,a77 for purposes of the ,program established by the ,secretary of ,agriculture1 may waive or specify alternative requirements for subsection 7e77#a77;,a77ii7 or 7e77#a77;,b77i7 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 section4 7#b7 ,eligible homebuyer ,the term eligible homebuyer means an individual who-- 7,a7 for purposes of the ,program established by the ,secretary of ,housing and ,urban ,development-- 7i7 has an annual household income that is less than or equal to-- 7,i7 #abj percent of median income for the area1 as determined by the ,secretary of ,housing and ,urban ,development for-- 7aa7 the area in which the home to be acquired using such assistance is located2 or 7bb7 the area in which the place of residence of the homebuyer is located2 or 7,,ii7 if the homebuyer is acquiring an eligible home that is located in a high-cost area1 #adj percent of the median income1 as determined by the ,secretary1 for the area within which the eligible home to be acquired using assistance provided under this section is located2 7ii7 is a first-time homebuyer1 as defined in paragraph 7#d7 of this subsection2 and 7iii7 is a first-generation homebuyer as defined in paragraph 7#c7 of this subsection2 7,b7 for purposes of the ,program established by the ,secretary of ,agriculture-- 7i7 meets the applicable requirements in section #ejb7;h7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb7;h772 and 7ii7 is a first-time homebuyer as defined in paragraph 7#d7 of this subsection and a first-generation homebuyer as defined in paragraph 7#c7 of this subsection4 7#c7 ,first-generation homebuyer ,the term first-generation homebuyer means a homebuyer that1 as attested by the homebuyer1 is-- 7,a7 an individual-- 7i7 whose parents or legal guardians do not1 or did not at the time of their death1 to the best of the individual's knowledge1 have any present ownership interest in a residence in any ,state or ownership of chattel1 excluding ownership of heir property2 and 7ii7 whose spouse1 or domestic partner has not1 during the #c-year period ending upon acquisition of the eligible home to be acquired using such assistance1 have any present ownership interest in a residence in any ,state1 excluding ownership of heir property or ownership of chattel1 whether the individual is a co-borrower on the loan or not2 or 7,b7 an individual who has at any time been placed in foster care or institutional care whose spouse or domestic partner has not1 during the #c-year period ending upon acquisition of the eligible home to be acquired using such assistance1 had any ownership interest in a residence in any ,state1 excluding ownership of heir property or ownership of chattel1 whether such individuals are co-borrowers on the loan or not4 7#d7 ,first-time homebuyer ,the term first-time homebuyer means a homebuyer as defined in section #ajd of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgjd71 except that for the purposes of this section the reference in such section #abgjd7ad7 to title ,,ii shall be considered to refer to this section1 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 homebuyer4 7#e7 ,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 common4 7#f7 ,ownership interest ,the term ownership interest means any ownership1 excluding any interest in heir property1 in-- 7,a7 real estate in fee simple2 7,b7 a leasehold on real estate under a lease for not less than ninety-nine years which is renewable2 or 7,c7 a fee interest in1 or long-term leasehold interest in1 real estate consisting of a one-family unit in a multifamily project1 including a project in which the dwelling units are attached1 or are manufactured housing units1 semi-detached1 or detached1 and an undivided interest in the common areas and facilities which serve the project4 7#g7 ,state ,the term ,state means the ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 the ,virgin ,islands1 ,american ,samoa1 the ,trust ,territory of the ,pacific ,islands1 and any other territory or possession of the ,united ,states4 7f7 ,reliance on borrower attestations ,no additional documentation beyond the borrower's attestation shall be required to demonstrate eligibility under clauses 7ii7 and 7iii7 of subsection 7e77#b77;,a7 and clause 7ii7 of subsection 7e77#b77;,b7 and no ,state1 eligible entity1 or creditor shall be subject to liability based on the accuracy of such attestation4 7g7 ,implementation ,the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,agriculture1 and the ,secretary of ,treasury shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djbjc4 ,,hud-insured small dollar mortgage demonstration program 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #gf1jjj1jjj for a program to increase access to small-dollar mortgages1 as defined in subsection 7b71 which may include payment of incentives to lenders1 adjustments to terms and costs1 individual financial assistance1 technical assistance to lenders and certain financial institutions to help originate loans1 lender and borrower outreach1 and other activities2 7#b7 #aj1jjj1jjj for the cost of insured or guaranteed loans1 including the cost of modifying loans2 and 7#c7 #ad1jjj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section and programs in the ,office of ,housing generally1 including information technology1 financial reporting1 research and evaluations1 fair housing and fair lending compliance1 and other cross-program costs in support of programs administered by the ,secretary in this title1 and other costs4 7b7 ,small-dollar mortgage ,for purposes of this section1 the term small-dollar mortgage means a forward mortgage that-- 7#a7 has an original principal balance of #ajj1jjj or less2 7#b7 is secured by a one- to four-unit property that is the mortgagor's principal residence2 and 7#c7 is insured or guaranteed by the ,secretary4 7c7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djbjd4 ,investments in rural homeownership 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,rural ,housing ,service of the ,department of ,agriculture for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until expended-- 7#a7 #ij1jjj1jjj for providing single family housing repair grants under section #ejd7;a7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgd7;a771 subject to the terms and conditions in subsection 7b7 of this section2 7#b7 #aj1jjj1jjj 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 activities4 7b7 ,terms and conditions 7#a7 ,eligibility ,eligibility for grants from amounts made available by subsection 7a77#a7 shall not be subject to the limitations in section #ceej4ajc7;b7 of title #g1 ,code of ,federal ,regulations4 7#b7 ,uses ,notwithstanding the limitations in section #ceej4ajb7;a7 of title #g1 ,code of ,federal ,regulations1 grants from amounts made available by subsection 7a77#b7 shall be available for the eligible purposes in section #ceej4ajb7;b7 of title #g1 ,code of ,federal ,regulations4 7c7 ,implementation ,the ,administrator of the ,rural ,housing ,service shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 ,d ,,hud ,administration1 ,capacity ,building1 ,technical ,assistance1 and ,agency ,oversight #djcja4 ,program administration1 training1 technical assistance1 capacity building1 and oversight 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1-- 7#a7 #idi1bej1jjj to the ,secretary of ,housing and ,urban ,development for-- 7,a7 the costs to the ,secretary of administering and overseeing the implementation of this title and the ,department's programs generally1 including information technology1 inspections of housing units1 research and evaluation1 financial reporting1 and other costs2 and 7,b7 new awards or increasing prior awards to provide training1 technical assistance1 and capacity building related to the ,department's programs1 including direct program support to program recipients throughout the country1 including insular areas1 that require such assistance with daily operations2 7#b7 #dc1bej1jjj 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 title2 7#c7 #e1jjj1jjj 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 title2 and 7#d7 #b1ejj1jjj 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 title4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,implementation ,the ,secretary of ,housing and ,urban ,development shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 #djcjb4 ,community-led capacity building 7a7 ,appropriation ,in addition to amounts otherwise made available1 there is appropriated to the ,secretary of ,housing and ,urban ,development 7in this section referred to as the ,secretary7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #ij1jjj1jjj for competitively awarded funds for technical assistance and capacity building to non-,federal entities1 including grants awarded to nonprofit organizations to provide technical assistance activities to community development corporations1 community housing development organizations1 community land trusts1 nonprofit organizations in insular areas1 and other mission-driven and nonprofit organizations that target services to low-income and socially disadvantaged populations1 and provide services in neighborhoods having high concentrations of minority1 low-income1 or socially disadvantaged populations to-- 7,a7 provide training1 education1 support1 and advice to enhance the technical and administrative capabilities of community development corporations1 community housing development organizations1 community land trusts1 and other mission-driven and nonprofit organizations undertaking affordable housing development1 acquisition1 preservation1 or rehabilitation activities2 7,b7 provide predevelopment assistance to community development corporations1 community housing development organizations1 and other mission-driven and nonprofit organizations undertaking affordable housing development1 acquisition1 preservation1 or rehabilitation activities2 and 7,c7 carry out such other activities as may be determined by the grantees in consultation with the ,secretary2 and 7#b7 #aj1jjj1jjj for the costs to the ,secretary of administering and overseeing the implementation of this section and the ,department's technical assistance programs generally1 including information technology1 research and evaluations1 financial reporting1 and other cross-program costs in support of programs administered by the ,secretary in this title and other costs4 ,amounts appropriated by this section shall remain available until ,september #cj1 #bjca4 7b7 ,implementation ,the ,secretary shall have authority to issue such regulations1 notices1 or other guidance1 forms1 instructions1 and publications to carry out the programs1 projects1 or activities authorized under this section to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 ,e ,economic ,development #djdja4 ,minority ,business ,development ,agency ,in addition to amounts otherwise available1 there is appropriated to the ,minority ,business ,development ,agency of the ,department of ,commerce for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 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 areas1 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 individuals2 and 7#b7 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for entering into grants and agreements to-- 7,a7 assist the formation and growth of minority business enterprises2 7,b7 establish and provide ,federal assistance to minority business centers1 specialty centers1 and minority business enterprises2 7,c7 make grants to private1 nonprofit organizations that can demonstrate that a primary activity of the organization is to provide services to minority business enterprises1 priority for which shall be given to organizations located in a ,federally recognized area of economic distress2 and 7,d7 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 ,agency2 and 7#c7 #djj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to-- 7,a7 establish not less than #e regional offices of the ,minority ,business ,development ,agency1 #a of which shall be established in each region of the ,united ,states1 as determined by the ,secretary2 7,b7 assist the formation and growth of minority business enterprises2 7,c7 collect data relating to the needs and development of minority business enterprises2 7,d7 annually review the status of problems and programs relating to capital formation by minority business enterprises2 and 7,e7 carry out this section4 #djdjb4 ,enhanced use of ,defense ,production ,act of #aiej 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money at the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 to carry out the ,defense ,production ,act of #aiej in accordance with subsection 7b74 7b7 ,use ,amounts appropriated by subsection 7a7 shall be used to create1 maintain1 protect1 expand1 or restore the domestic industrial base capabilities essential for national and economic security4 #djdjc4 ,supporting factory-built housing through ,,ssbci 7a7 ,in general ,section #cjji of the ,state ,small ,business ,credit ,initiative ,act of #bjaj 7#ab ,u4,s4,c4 #egjh7 is amended-- 7#a7 in subsection 7c71 by striking at the end of the #g-year period beginning on ,march #aa1 #bjba and inserting on ,september #cj1 #bjcj2 and 7#b7 by adding at the end the following3 7f7 ,additional technical assistance with respect to factory-built housing sector ,the ,secretary shall contract with legal1 accounting1 and financial advisory firms to provide technical assistance to existing and prospective business enterprises within the factory-built housing sector applying to-- 7#a7 ,state programs under the ,program2 and 7#b7 other ,state or ,federal programs that support small businesses4 4 7b7 ,appropriation ,in addition to amounts otherwise available1 there is hereby appropriated to the ,secretary of the ,treasury for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to carry out the amendments made by subsection 7a74 ,v ,committee on ,homeland ,security #ejjja4 ,cybersecurity and ,infrastructure ,security ,agency 7a7 ,improving ,federal ,system ,cybersecurity ,in addition to amounts otherwise made available1 there is appropriated to the ,cybersecurity and ,infrastructure ,security ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for cybersecurity risk mitigation4 7b7 ,cybersecurity ,training ,in addition to amounts otherwise made available1 there is appropriated to the ,cybersecurity and ,infrastructure ,security ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the ,cybersecurity ,education and ,training ,assistance ,program1 ,federal assistance grants under the ,cybersecurity ,education and ,training ,assistance ,program1 and necessary mission support activities4 7c7 ,cybersecurity ,awareness1 ,training1 and ,workforce ,development ,in addition to amounts otherwise made available1 there is appropriated to the ,cybersecurity and ,infrastructure ,security ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for improving cybersecurity awareness1 training1 and workforce development1 including necessary mission support activities4 7d7 ,multi-,state ,information ,sharing and ,analysis ,center ,in addition to amounts otherwise made available1 there is appropriated to the ,cybersecurity and ,infrastructure ,security ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ce1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for ,federal assistance through cooperative agreements with the ,multi-,state ,information ,sharing and ,analysis ,center4 7e7 ,cybersentry ,in addition to amounts otherwise made available1 there is appropriated to the ,cybersecurity and ,infrastructure ,security ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the purpose of protecting critical infrastructure industrial control systems and the ,cyber,sentry program4 7f7 ,cloud security ,in addition to amounts otherwise made available1 there is appropriated to the ,cybersecurity and ,infrastructure ,security ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the purpose of executing the secure cloud architecture activities1 migration advisory services1 and cloud threat hunting capabilities of the ,cybersecurity and ,infrastructure ,security ,agency4 7g7 ,industrial control systems security ,in addition to amounts otherwise made available1 there is appropriated to the ,cybersecurity and ,infrastructure ,security ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the purpose of researching and developing the means by which to secure operational technology and industrial control systems against security vulnerabilities 7as such term is defined in section #ajb7ag7 of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja7ag774 #ejjjb4 ,cybersecurity assistance 7a7 ,state and local cybersecurity recruitment and training ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #hj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to the ,administrator of the ,federal ,emergency ,management ,agency1 in consultation with the ,cybersecurity and ,infrastructure ,security ,agency1 to award grants1 contracts1 or cooperative agreements to ,state1 local1 ,tribal1 and territorial governments for cybersecurity recruitment and training to enhance efforts to address cybersecurity risks 7as defined in paragraph 7#b7 of section #bbja of the ,homeland ,security ,act7 and cybersecurity threats 7as defined in paragraph 7#c7 of section #bbja of the ,homeland ,security ,act74 7b7 ,migration to 4gov domain ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to the ,administrator of the ,federal ,emergency ,management ,agency1 in consultation with the ,cybersecurity and ,infrastructure ,security ,agency1 to award grants1 contracts1 or cooperative agreements to ,state1 local1 ,tribal1 and territorial governments to carry out activities to migrating the online services of such governments to the 4gov internet domain4 7c7 ,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 #aifh or a function of the ,federal ,emergency ,management ,agency relating to that ,act4 #ejjjc4 ,nonprofit security grant program 7a7 ,high-risk urban areas ,in addition to amounts otherwise available1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to the ,administrator of ,federal ,emergency ,management ,agency for the ,nonprofit ,security ,grant ,program for grants to nonprofits under the ,urban ,area ,security ,initiative4 7b7 ,other areas ,in addition to amounts otherwise available1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 ,program4 7c7 ,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 #aifh or a function of the ,federal ,emergency ,management ,agency relating to that ,act4 #ejjjd4 ,office of ,chief ,readiness ,support ,officer ,in addition to the amounts otherwise available1 there is appropriated to the ,secretary of ,homeland ,security for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for the ,office of the ,chief ,readiness ,support ,officer to carry out sustainability and environmental programs4 ,,vi ,committee on the ,judiciary ,a ,immigration ,provisions #fjjja4 ,protections and work permits 7a7 ,in general ,the ,secretary of ,homeland ,security shall-- 7#a7 under section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77 and consistent with this section1 parole into the ,united ,states for a period of #e years or until ,september #cj1 #bjca1 whichever is earlier1 an alien described in subsection 7b71 if such alien-- 7,a7 files an application for parole after the date of the enactment of this section2 7,b7 pays an administrative fee in an amount sufficient to cover the cost of processing the application2 and 7,c7 completes security and law enforcement background checks to the satisfaction of the ,secretary2 and 7#b7 for the period during which an alien is paroled into the ,united ,states under paragraph 7#a7 and any period in which such parole is extended under subsection 7c7-- 7,a7 provide employment and travel authorization to such alien2 and 7,b7 deem such alien eligible for a driver's license or identification card under section #bjb of the ,,real ,,id ,act of #bjje 7division ,b of ,public ,law #aji-ac2 #di ,u4,s4,c4 #cjcja note74 7b7 ,aliens described ,an alien is described in this subsection if the alien-- 7#a7 before ,january #a1 #bjaa-- 7,a7 was inspected and admitted to the ,united ,states2 7,b7 entered the ,united ,states without inspection2 or 7,c7 was paroled into the ,united ,states2 7#b7 has continuously resided in the ,united ,states since such entry2 and 7#c7 is not inadmissible pursuant to paragraph 7#b71 7#c71 7#f77;,e71 7#h71 7#aj77;,a71 7#aj77;,c71 or 7#aj77;,d7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a774 7c7 ,extension ,consistent with the requirements under subsection 7a71 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 section1 the ,secretary of ,homeland ,security shall extend a grant of parole for an alien described in subsection 7b7 from the date the initial parole period expires until ,september #cj1 #bjca4 7d7 ,revocation ,the ,secretary of ,homeland ,security may not revoke parole granted to an alien under subsection 7a7 unless the ,secretary determines that such alien is ineligible for parole under subsection 7b7 based on the policies and implementing guidance in effect when parole was initially granted to the alien under this section4 7e7 ,clarifications 7#a7 ,in general ,an alien paroled under this section shall not be counted for purposes of the calculation under section #bja7;c77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;c77#d774 7#b7 ,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 basis4 7f7 ,confidentiality of information ,the ,secretary of ,homeland ,security may not disclose information provided in any application filed under this section to ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 or any designee of either such entity or use such information for purposes of immigration enforcement4 7g7 ,interim rules ,not later than #ij days after the date of the enactment of this section1 the ,secretary of ,homeland ,security shall publish in the ,federal ,register1 interim final rules implementing this section and shall1 not later than #ij days after such rules are published1 begin accepting and adjudicating applications for parole under subsection 7a77#a77;,a74 #fjjjb4 ,recapture of unused immigrant visa numbers 7a7 ,ensuring future use of all immigrant visas ,section #bja7;c77#a77;,b77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;c77#a77;,b77ii77 is amended to read as follows3 7ii7 ,in no case shall the number computed under subparagraph 7,a7 be less than the sum of-- 7,i7 #bbf1jjj2 and 7,,ii7 the number computed under paragraph 7#c74 4 7b7 ,recapturing unused visas ,section #bja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7 is amended by adding at the end the following3 7g7 ,recapturing unused visas 7#a7 ,family-sponsored visas 7,a7 ,in general ,notwithstanding the numerical limitations set forth in this section or in sections #bjb or #bjc1 beginning in fiscal year #bjbb1 the number of family-sponsored immigrant visas that may be issued under section #bjc7;a7 shall be increased by the number computed under subparagraph 7,b74 7,b7 ,unused visas ,the number computed under this subparagraph is the difference1 if any1 between-- 7i7 the difference1 if any1 between-- 7,i7 the number of visas that were originally made available to family-sponsored immigrants under section #bja7;c77#a7 for fiscal years #aiib through #bjba1 setting aside any unused visas made available to such immigrants in such fiscal years under section #bja7;c77#c72 and 7,,ii7 the number of visas described in subclause 7,i7 that were issued under section #bjc7;a71 or1 in accordance with section #bja7;d77#b77;,c71 under section #bjc7;b72 and 7ii7 the number of visas resulting from the calculation under clause 7i7 issued under section #bjc7;a7 after fiscal year #bjba4 7#b7 ,employment-based visas 7,a7 ,in general ,notwithstanding the numerical limitations set forth in this section or in sections #bjb or #bjc1 beginning in fiscal year #bjbb1 the number of employment-based immigrant visas that may be issued under section #bjc7;b7 shall be increased by the number computed under subparagraph 7,b74 7,b7 ,unused visas ,the number computed under this paragraph is the difference1 if any1 between-- 7i7 the difference1 if any1 between-- 7,i7 the number of visas that were originally made available to employment-based immigrants under section #bja7;d77#a7 for fiscal years #aiib through #bjba1 setting aside any unused visas made available to such immigrants in such fiscal years under section #bja7;d77#b72 and 7,,ii7 the number of visas described in subclause 7,i7 that were issued under section #bjc7;b71 or1 in accordance with section #bja7;c77#c77;,c71 under section #bjc7;a72 and 7ii7 the number of visas resulting from the calculation under clause 7i7 issued under section #bjc7;b7 after fiscal year #bjba4 7#c7 ,diversity visas ,notwithstanding section #bjd7;a77#a77;,i77ii77,,ii71 an immigrant visa for an alien selected in accordance with section #bjc7;e77#b7 in fiscal year #bjag1 #bjah1 #bjai1 #bjbj1 or #bjba shall remain available to such alien 7and the spouse and children of such alien7 if-- 7,a7 the alien was refused a visa1 prevented from seeking admission1 or denied admission to the ,united ,states solely because of ,executive ,order #acgfi1 ,executive ,order #acghj1 ,presidential ,proclamation #ifde1 or ,presidential ,proclamation #iihc2 or 7,b7 because of restrictions or limitations on visa processing1 visa issuance1 travel1 or other effects associated with the ,,covid-#ai public health emergency-- 7i7 the alien was unable to receive a visa interview despite submitting an ,online ,immigrant ,visa and ,alien ,registration ,application 7,form ,,ds-#bfj7 to the ,secretary of ,state2 or 7ii7 the alien was unable to seek admission or was denied admission to the ,united ,states despite being approved for a visa under section #bjc7;c74 4 #fjjjc4 ,adjustment of status ,section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 is amended by adding at the end the following3 7n7 ,visa availability 7#a7 ,in general ,notwithstanding subsection 7a77#c71 the ,secretary of ,homeland ,security may accept for filing an application for adjustment of status from an alien 7and the spouse and children of such alien71 if such alien-- 7,a7 is the beneficiary of an approved petition under section #bjd7;a77#a72 7,b7 pays a supplemental fee of #a1ejj1 plus #bej for each derivative beneficiary2 and 7,c7 is otherwise eligible for such adjustment4 7#b7 ,exemption ,the ,secretary of ,homeland ,security shall exempt an alien 7and the spouse and children of such alien7 from the numerical limitations described in sections #bja1 #bjb1 and #bjc1 and the ,secretary of ,homeland ,security may adjust the status of such alien 7and the spouse and children of such alien7 to lawful permanent resident1 if such alien submits or has submitted an application for adjustment of status and-- 7,a7 such alien-- 7i7 is the beneficiary of an approved petition under subparagraph 7,a77i7 or 7,b77i77,i7 of section #bjd7;a77#a7 that bears a priority date that is more than #b years before the date the alien requests an exemption from the numerical limitations2 and 7ii7 pays a supplemental fee of #b1ejj2 7,b7 such alien-- 7i7 is the beneficiary of an approved petition under subparagraph 7,e7 or 7,f7 of section #bjd7;a77#a7 that bears a priority date that is more than #b years before the date the alien requests an exemption from the numerical limitations2 and 7ii7 pays a supplemental fee of #e1jjj2 or 7,c7 such alien-- 7i7 is the beneficiary of an approved petition under subparagraph 7,h7 of section #bjd7;a77#a7 that bears a priority date that is more than #b years before the date the alien requests an exemption from the numerical limitations2 and 7ii7 pays a supplemental fee of #ej1jjj4 7#c7 ,effective date 7,a7 ,in general ,the provisions of this subsection-- 7i7 shall take effect on the earlier of the date that is-- 7,i7 #ahj days after the date of the enactment of this subsection2 or 7,,ii7 ,may #a1 #bjbb2 and 7ii7 except as provided in subparagraph 7,b71 shall cease to have effect on ,september #cj1 #bjca4 7,b7 ,continuation ,paragraph 7#b7 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 7,a77ii71 until the ,secretary of ,homeland ,security renders a final administrative decision on such application4 4 #fjjjd4 ,additional supplemental fees 7a7 ,treasury ,the fees described in this section1 section #fjjja1 and section #bde7n7 of the ,immigration and ,nationality ,act1 as added by this subtitle-- 7#a7 shall be deposited in the general fund of the ,treasury2 and 7#b7 may not be waived1 in whole or in part4 7b7 ,immigrant visa petitions ,in addition to any other fee collected in connection with a petition described in this subsection1 the ,secretary of ,homeland ,security shall collect a supplemental fee in the amount of-- 7#a7 #ajj in connection with each petition filed under-- 7,a7 section #bjd7;a77#a77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,a77i77 for classification by reason of a relationship described under paragraph 7#a71 7#c71 or 7#d7 of section #bjc7;a7 of such ,act 7#h ,u4,s4,c4 #aaec7;a772 and 7,b7 section #bjd7;a77#a77;,b77i77,i7 of such ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,b77i77,i772 7#b7 #hjj in connection with each petition filed under subparagraph 7,e7 or 7,f7 of section #bjd7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a772 and 7#c7 #ae1jjj in connection with each petition filed under subparagraph 7,h7 of section #bjd7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a774 7c7 ,form ,i-#id or ,form ,i-#id,w ,the ,secretary of ,homeland ,security shall collect from each individual who is admitted to the ,united ,states as a nonimmigrant1 and is issued an electronic or paper arrival_/departure record 7,form ,i-#id or ,form ,i-#id,w1 or any successor form71 a fee of #ai4 7d7 ,student and exchange visitors ,in addition to any other fee collected from an approved institution of higher education1 other approved educational institution1 or designated exchange visitor program in the ,united ,states1 in connection with nonimmigrants described in subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 enrolled in such institution or program1 the ,secretary of ,homeland ,security shall collect a supplemental fee of #bej for each such nonimmigrant4 7e7 ,permanent resident card replacement ,in addition to any other fee collected in connection with each ,application to ,replace ,permanent ,resident ,card 7,form ,i-#ij1 or any successor form71 filed for purposes of replacing an expired or expiring permanent resident card1 the ,secretary of ,homeland ,security shall collect a supplemental fee of #ejj4 7f7 ,nonimmigrant visa petitions ,in addition to any other fee collected in connection with a petition filed under section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd71 the ,secretary of ,homeland ,security shall collect a supplemental fee of #ejj in connection with each such petition for classification as a nonimmigrant under subparagraph 7,e71 7,h77i77b71 7,l71 7,o71 or 7,p7 of section #aja7;a77#ae7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 7g7 ,extend_/change status ,in addition to any other fee collected in connection with each ,application to ,extend_/,change ,nonimmigrant ,status 7,form ,i-#eci1 or any successor form71 the ,secretary of ,homeland ,security shall collect a supplemental fee of #ejj4 7h7 ,employment authorization ,in addition to any other fee collected in connection with an application for employment authorization 7,form ,i-#gfe1 or any successor form71 the ,secretary of ,homeland ,security shall collect a supplemental fee of #ejj for each such application filed by an individual seeking such authorization as-- 7#a7 the spouse of a nonimmigrant described in subparagraph 7,e71 7,h71 or 7,l7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 7#b7 a nonimmigrant described in section #aja7;a77#ae77;,f7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77 to engage in optional practical training2 or 7#c7 as an applicant for adjustment of status under section #bde7;a7 of such ,act 7#h ,u4,s4,c4 #abee7;a774 7i7 ,effective date ,the fees authorized by this section shall take effect on the earlier of the date that is-- 7#a7 #ahj days after the date of the enactment of this ,act2 and 7#b7 ,may #a1 #bjbb4 #fjjje4 ,u4,s4 ,citizenship and ,immigration ,services ,in addition to amounts otherwise available1 there is appropriated to ,u4,s4 ,citizenship and ,immigration ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1hjj1jjj1jjj1 to remain available until expended1 for the purpose of increasing the capacity of ,u4,s4 ,citizenship and ,immigration ,services to adjudicate efficiently applications described in section #fjjja of this ,act1 and section #bde7n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7n771 as added by #fjjjc of this ,act1 and to reduce case processing backlogs4 ,b ,community ,violence ,prevention #fajja4 ,funding for community-based violence intervention initiatives 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,attorney ,general for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the purposes described in subsection 7b74 7b7 ,use of funding ,the ,attorney ,general1 acting through the ,assistant ,attorney ,general of the ,office of ,justice ,programs1 the ,director of the ,office of ,community ,oriented ,policing ,services1 and the ,director of the ,office on ,violence ,against ,women1 shall use amounts appropriated by subsection 7a7-- 7#a7 to award competitive grants or contracts to units of local government1 ,states1 the ,district of ,columbia1 ,indian ,tribes1 nonprofit community-based organizations1 victim services providers1 or other entities as determined by the ,attorney ,general1 to support evidence-informed intervention strategies to reduce community violence2 7#b7 to support training1 technical assistance1 research1 evaluation1 and data collection on strategies to effectively reduce community violence and ensure public safety2 and 7#c7 to support research1 evaluation1 and data collection on the differing impact of community violence on demographic categories4 ,c ,antitrust #fbjja4 ,antitrust division ,in addition to amounts otherwise available1 there is appropriated to the ,attorney ,general for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 laws4 #fbjjb4 ,federal trade commission funding for unfair competition and antitrust enforcement work ,in addition to amounts otherwise available1 there is appropriated to the ,federal ,trade ,commission for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj to remain available until ,september #cj1 #bjca1 for carrying out work of the ,commission related to unfair methods of competition or enforcement of the antitrust laws4 ,d ,revenue ,matters #fcjja4 ,additional appropriation for enforcement relating to ,federal income tax evasion ,in addition to amounts otherwise available1 there is appropriated to the ,attorney ,general for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dih1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 for necessary expenses for the ,department of ,justice ,tax ,division for purposes of enforcing ,federal laws against tax evasion1 including by pursuing civil cases or prosecuting criminal violations4 ,,vii ,,committee ,,on ,,natural ,,resources ,a ,native ,american and ,native ,hawaiian ,affairs #gjaja4 ,tribal climate resilience 7a7 ,tribal climate resilience and adaptation ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dda1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for ,tribal climate resilience and adaptation programs4 7b7 ,bureau of ,indian ,affairs fish hatcheries ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ai1fjj1jjj1 to remain available until ,september #cj1 #bjca1 for fish hatchery operations and maintenance programs of the ,bureau of ,indian ,affairs4 7c7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #i1djj1jjj1 to remain available until ,september #cj1 #bjca1 for the administrative costs of carrying out this section4 ,none of the funds provided by this section shall be subject to cost-sharing or matching requirements 7d7 ,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 program4 7e7 ,distribution2 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 7as defined in subsection 7j7 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;j777 or a self-governance compact entered into pursuant to subsection 7a7 of section #djd of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfd7;a77-- 7#a7 shall be distributed on a #a-time basis2 7#b7 shall not be part of the amount required by subsections 7a7 through 7b7 of section #ajf of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe7;a7-7b772 and 7#c7 shall only be used for the purposes identified under the applicable subsection4 #gjajb4 ,native ,hawaiian climate resilience 7a7 ,native ,hawaiian climate resilience and adaptation ,in addition to amounts otherwise available1 there is appropriated to the ,senior ,program ,director of the ,office of ,native ,hawaiian ,relations for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #di1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out1 through financial assistance1 technical assistance1 direct expenditure1 grants1 contracts1 or cooperative agreements1 climate resilience and adaptation activities that serve the ,native ,hawaiian ,community4 7b7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,senior ,program ,director of the ,office of ,native ,hawaiian ,relations for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the administrative costs of carrying out this section4 ,none of the funds provided by this section shall be subject to cost-sharing or matching requirements4 #gjajc4 ,tribal electrification program 7a7 ,tribal electrification program ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bid1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for-- 7#a7 the provision of electricity to unelectrified ,tribal homes through renewable energy systems2 7#b7 transitioning electrified ,tribal homes to renewable energy systems2 and 7#c7 associated home repairs and retrofitting necessary to install the renewable energy systems authorized under paragraphs 7#a7 and 7#b74 7b7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #f1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the administrative costs of carrying out this section4 7c7 ,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 program4 7d7 ,distribution2 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 7as defined in subsection 7j7 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;j777 or a self-governance compact entered into pursuant to subsection 7a7 of section #djd of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfd7;a77-- 7#a7 shall be distributed on a #a-time basis2 7#b7 shall not be part of the amount required by subsections 7a7 through 7b7 of section #ajf of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe7;a7-7b772 and 7#c7 shall only be used for the purposes identified under the applicable subsection4 #gjajd4 ,emergency drought relief for ,tribes ,in addition to amounts otherwise available1 there is appropriated to the ,commissioner of the ,bureau of ,reclamation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 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 project1 including through direct financial assistance to address drinking water shortages and to mitigate the loss of ,tribal trust resources4 #gjaje4 ,native ,american ,consultation ,resource ,center 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of the ,interior for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cc1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to establish and administer a ,native ,american ,consultation ,resource ,center 7the authority for which shall expire on ,september #cj1 #bjca7 to provide training and technical assistance to support ,federal consultation and coordination responsibilities relating to-- 7#a7 the protection of the natural and cultural resources of ,native ,americans2 7#b7 land use planning and development that impacts ,tribal ,governments1 ,alaska ,native ,corporations1 and the ,native ,hawaiian ,community2 and 7#c7 infrastructure projects that impact ,tribal ,governments1 ,alaska ,native ,corporations1 and the ,native ,hawaiian ,community4 7b7 ,definition ,in this section3 7#a7 ,alaska ,native ,corporation ,the term ,alaska ,native ,corporation has the meaning given the term in subsection 7m7 of section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7m774 7#b7 ,native ,american ,the term ,native ,american means-- 7,a7 an ,indian 7as defined in subsection 7d7 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;d7772 7,b7 a ,native ,hawaiian 7as defined in item 7#aj7 of section #b of the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja7aj7772 and 7,c7 a ,native 7as defined in subsection 7b7 of section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7;b7774 7#c7 ,tribal ,government ,the term ,tribal ,government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this paragraph pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 #gjajf4 ,indian ,health ,service 7a7 ,maintenance and improvement ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ide1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for maintenance and improvement of facilities operated by the ,indian ,health ,service or pursuant to a self-determination contract 7as defined in subsection 7j7 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;j777 or a self-governance compact entered into pursuant to subsection 7a7 of section #djd of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfd7;a774 7b7 ,mental health and substance use disorders ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #abc1gaf1jjj1 to remain available until ,september #cj1 #bjca1 for mental health and substance use prevention and treatment services1 including facility renovation1 construction1 or expansion relating to mental health and substance use prevention and treatment services4 7c7 ,priority health care facilities ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for projects identified through the health care facility priority system established and maintained pursuant to subparagraph 7,a7 of paragraph 7#a7 of subsection 7c7 of section #cja of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afca7;c77#a77;,a774 7d7 ,small ambulatory ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for small ambulatory construction4 7e7 ,urban ,indian organizations ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for1 notwithstanding section #eji of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afei71 the renovation1 construction1 expansion1 equipping1 and improvement of facilities owned or leased by an ,urban ,indian organization 7as defined in item 7#bi7 of section #d of that ,act 7#be ,u4,s4,c4 #afjc7bi7774 7f7 ,epidemiology centers ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the epidemiology centers established under paragraphs 7#a7 through 7#b7 of subsection 7a7 of section #bad of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afbam7a77#a7-7b774 7g7 ,environmental health and facilities support activities ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,indian ,health ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aac1bhd1jjj1 to remain available until ,september #cj1 #bjca1 for environmental health and facilities support activities of the ,indian ,health ,service4 7h7 ,distribution2 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 7as defined in subsection 7j7 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;j777 or a self-governance compact entered into pursuant to subsection 7a7 of section #djd of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfd7;a77-- 7#a7 shall be distributed on a #a-time basis2 7#b7 shall not be part of the amount required by subsections 7a7 through 7b7 of section #ajf of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe7;a7-7b772 and 7#c7 shall only be used for the purposes identified under the applicable subsection4 #gjajg4 ,tribal public safety 7a7 ,public safety and justice ,in addition to amounts otherwise available1 there is appropriated to the ,assistant ,secretary for ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dij1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for public safety and justice programs and construction4 7b7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,assistant ,secretary for ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the administrative costs of carrying out this section4 7c7 ,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 program4 7d7 ,distribution2 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 7as defined in subsection 7j7 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;j777 or a self-governance compact entered into pursuant to subsection 7a7 of section #djd of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfd7;a77-- 7#a7 shall be distributed on a #a-time basis2 7#b7 shall not be part of the amount required by subsections 7a7 through 7b7 of section #ajf of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe7;a7-7b772 and 7#c7 shall only be used for the purposes identified under the applicable subsection4 #gjajh4 ,bureau of ,indian ,affairs and ,tribal roads 7a7 ,roads ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #gae1djj1jjj1 to remain available until ,september #cj1 #bjbf1 for the ,bureau of ,indian ,affairs ,road ,system and ,tribal transportation facilities 7as defined in paragraph 7#ca7 of subsection 7a7 of section #aja of title #bc1 ,united ,states ,code7-- 7#a7 for road maintenance2 7#b7 for planning1 design1 construction1 and reconstruction activities2 and 7#c7 to address the deferred road maintenance backlog at the ,bureau of ,indian ,affairs4 7b7 ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,bureau of ,indian ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ad1fjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the administrative costs of carrying out this section4 ,b ,national ,oceanic and ,atmospheric ,administration #gjbja4 ,investing in coastal communities and climate resilience 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #f1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to provide funding through direct expenditure1 contracts1 grants1 cooperative agreements1 or technical assistance to coastal states 7as defined in paragraph 7#d7 of section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec7d7771 the ,district of ,columbia1 ,tribal ,governments1 nonprofit organizations1 local governments1 and institutions of higher education 7as defined in subsection 7a7 of section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7771 for the conservation1 restoration1 and protection of coastal and marine habitats and resources1 including fisheries1 to enable coastal communities to prepare for extreme storms and other changing climate conditions1 and for projects that support natural resources that sustain coastal and marine resource dependent communities1 and for related administrative expenses4 ,none of the funds provided by this section shall be subject to cost-sharing or matching requirements4 7b7 ,tribal ,government ,defined ,in this section1 the term ,tribal ,government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this subsection pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 #gjbjb4 ,pacific salmon restoration and conservation ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the purposes of supporting the restoration and conservation of ,pacific salmon and steelhead populations and the habitat of those populations1 including by improving climate resilience and climate adaptation1 and for related administrative expenses4 #gjbjc4 ,marine fisheries infrastructure 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #djj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for grants to ,states and ,tribal ,governments1 to repair1 replace1 and upgrade hatchery infrastructure for the production of a fishery 7as defined in paragraph 7#ac7 of section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb7ac777 that is included in a fishery management plan or plan amendment approved by the ,secretary of ,commerce under subsection 7a7 of section #cja of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahea7;a771 and for related administrative expenses4 7b7 ,tribal ,government ,in this section1 the term ,tribal ,government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this subsection pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 #gjbjd4 ,marine fisheries and marine mammal stock assessments1 surveys1 and research and management ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for purposes of ,federal fisheries management1 marine fisheries conservation1 and marine mammal research1 including fisheries and marine mammal stock assessments1 marine fisheries data collection1 surveys1 scientific research1 and management1 acquisition of electronic monitoring equipment for fishery participants1 transitional gear research1 and ecosystem-based assessments in support of marine fish species1 including fisheries managed under section #cjc of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahec7 and subsection 7a7 of section #aag of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #achf7;a774 #gjbje4 ,facilities of the ,national ,oceanic and ,atmospheric ,administration and ,national ,marine ,sanctuaries 7a7 ,national ,oceanic and ,atmospheric ,administration ,facilities ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the construction of new facilities 7including facilities in need of replacement7 including piers1 marine operations facilities1 and fisheries laboratories4 7b7 ,national marine sanctuaries facilities ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the construction of facilities to support the ,national ,marine ,sanctuary ,system established under subsection 7c7 of section #cja of the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #adca7;c774 #gjbjf4 ,,noaa ,efficient and ,effective ,reviews ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to provide for the development of more efficient1 accurate1 and timely reviews for planning1 permitting and approval processes through the hiring and training of personnel1 the development of programmatic documents1 the procurement of technical or scientific services for reviews1 the development of environmental data or information systems1 stakeholder and community engagement1 the purchase of new equipment for environmental analysis1 and the development of geographic information systems and other analysis tools1 techniques1 and guidance to improve agency transparency1 accountability1 and public engagement4 #gjbjg4 ,seafood import monitoring program ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to implement the seafood import monitoring program of the ,national ,oceanic and ,atmospheric ,administration4 ,c ,united ,states ,fish and ,wildlife ,service #gjcja4 ,endangered ,species ,act recovery plans ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ahj1jjj1jjj1 to remain available until expended1 for the purposes of developing and implementing recovery plans under paragraphs 7#a71 7#c71 and 7#d7 of subsection 7f7 of section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f774 #gjcjb4 ,island plant conservation 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1hej1jjj1 to remain available until expended1 to make direct expenditures1 award grants1 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 7#a71 7#c71 and 7#d7 of subsection 7f7 of section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f774 7b7 ,administrative expenses ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1 to remain available until ,september #cj1 #bjcj1 for necessary administrative expenses associated with carrying out this section4 #gjcjc4 ,pollinator conservation 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1hej1jjj1 to remain available until expended1 to make direct expenditures1 award grants1 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 7#a71 7#c71 and 7#d7 of subsection 7f7 of section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f774 7b7 ,administrative expenses ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1 to remain available until ,september #cj1 #bjcj1 for necessary administrative expenses associated with carrying out this section4 #gjcjd4 ,mussel conservation 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1hej1jjj1 to remain available until expended1 to make direct expenditures1 award grants1 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 7#a71 7#c71 and 7#d7 of subsection 7f7 of section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f774 7b7 ,administrative expenses ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1 to remain available until ,september #cj1 #bjcj1 for necessary administrative expenses associated with carrying out this section4 #gjcje4 ,desert fish conservation 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1hej1jjj1 to remain available until expended1 to make direct expenditures1 award grants1 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 7#a71 7#c71 and 7#d7 of subsection 7f7 of section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f774 7b7 ,administrative expenses ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1 to remain available until ,september #cj1 #bjcj1 for necessary administrative expenses associated with carrying out this section4 #gjcjf4 ,funding for the ,united ,states ,fish and ,wildlife ,service to address climate-induced weather events 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bdb1ejj1jjj1 to remain available until ,september #cj1 #bjbf1 to make direct expenditures1 award grants1 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 areas1 including by-- 7#a7 addressing the threat of invasive species2 7#b7 increasing the resiliency and capacity of habitats and infrastructure to withstand climate-induced weather events2 and 7#c7 reducing the amount of damage caused by climate-induced weather events4 7b7 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #g1ejj1jjj1 to remain available until ,september #cj1 #bjbf1 for necessary administrative expenses associated with carrying out this section4 #gjcjg4 ,wildlife corridor conservation 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #i1gjj1jjj1 to remain available until expended1 to carry out1 through direct expenditures1 contracts1 grants1 and cooperative agreements1 activities necessary for-- 7#a7 mapping wildlife corridors2 7#b7 the conservation and restoration of wildlife corridors2 and 7#c7 addressing the conservation and restoration of wildlife corridors-- 7,a7 on land included in the ,national ,wildlife ,refuge ,system2 and 7,b7 on private land through-- 7i7 the ,partners for ,fish and ,wildlife ,program of the ,united ,states ,fish and ,wildlife ,service2 and 7ii7 the ,coastal ,program of the ,united ,states ,fish and ,wildlife ,service4 7b7 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cjj1jjj1 to remain available until ,september #cj1 #bjcj1 for necessary administrative expenses associated with carrying out this section4 #gjcjh4 ,grassland restoration 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ch1hjj1jjj1 to remain available until expended to make direct expenditures1 award grants1 and enter into contracts and cooperative agreements for carrying out the protection and restoration of grassland habitats4 7b7 ,administrative costs ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1bjj1jjj1 to remain available until ,september #cj1 #bjcj1 for necessary administrative expenses associated with carrying out this section4 ,d ,water ,resources ,research and ,technology ,institutes #gjdja4 ,water ,resources ,research and ,technology ,institutes ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,geological ,survey for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for grants and other financial assistance to water resources research and technology institutes1 centers1 and equivalent agencies4 ,e ,council on ,environmental ,quality #gjeja4 ,environmental and climate data collection ,in addition to amounts otherwise available1 there is appropriated to the ,chair of the ,council on ,environmental ,quality for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fe1jjj1jjj1 to remain available until ,september #cj1 #bjbf-- 7#a7 to support data collection efforts relating to-- 7,a7 disproportionate negative environmental harms and climate impacts2 and 7,b7 cumulative impacts of pollution and temperature rise2 7#b7 to establish1 expand1 and maintain efforts to track disproportionate burdens and cumulative impacts1 including academic and workforce support for analytics and informatics infrastructure and data collection systems2 and 7#c7 to support efforts to ensure that any mapping or screening tool is accessible to community-based organizations and community members4 #gjejb4 ,council on environmental quality efficient and effective environmental reviews ,in addition to amounts otherwise available1 there is appropriated to the ,chair of the ,council on ,environmental ,quality for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out the ,council on ,environmental ,quality's functions and for the purposes of training personnel1 developing programmatic environmental documents1 and developing tools1 guidance1 and techniques to improve stakeholder and community engagement4 ,f ,department of the ,interior ,efficient and ,effective ,reviews #gjfja4 ,department of the ,interior ,efficient and ,effective ,reviews ,in addition to amounts otherwise available1 there is appropriated to the ,department of the ,interior for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to provide for the development of more efficient1 accurate1 and timely reviews for planning1 permitting1 and approval processes for the ,national ,park ,service1 the ,bureau of ,land ,management1 the ,bureau of ,ocean ,energy ,management1 the ,bureau of ,reclamation1 the ,bureau of ,safety and ,environmental ,enforcement1 and the ,office of ,surface ,mining ,reclamation and ,enforcement through the hiring and training of personnel1 the development of programmatic documents1 the procurement of technical or scientific services for reviews1 the development of environmental data or information systems1 stakeholder and community engagement1 the purchase of new equipment for environmental analysis1 and the development of geographic information systems and other analysis tools1 techniques1 and guidance to improve agency transparency1 accountability1 and public engagement4 ,g ,public ,lands #gjgja4 ,national parks and public lands conservation and resilience ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of the ,interior for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1bej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out projects for the conservation1 protection1 and resiliency of lands and resources administered by the ,national ,park ,service and ,bureau of ,land ,management4 ,none of the funds provided under this section shall be subject to cost-share or matching requirements4 #gjgjb4 ,national parks and public lands conservation and ecosystem restoration ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of the ,interior for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #gej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out conservation1 ecosystem and habitat restoration projects on lands administered by the ,national ,park ,service and ,bureau of ,land ,management4 ,none of the funds provided under this section shall be subject to cost-share or matching requirements4 #gjgjc4 ,lands ,projects 7a7 ,definitions ,with regard to this section3 7#a7 ,appropriate conservation projects ,the term appropriate conservation projects means any project for the conservation1 restoration1 construction1 or rehabilitation of natural1 cultural1 historic1 archaeological1 recreational1 or scenic resources on public lands administered by the ,national ,park ,service or ,bureau of ,land ,management4 7#b7 ,resiliency or restoration projects ,the term restoration or resiliency projects means any project funded under sections #gjgja and #gjgjb4 7b7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of the ,interior for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to provide funding1 including all expenses necessary to provide funding1 through direct expenditure1 grants1 contracts1 or cooperative agreements1 to perform appropriate conservation projects or resiliency or restoration projects1 including all expenses necessary to carry out such projects1 on public lands administered by the ,national ,park ,service and ,bureau of ,land ,management4 ,none of the funds provided under this section shall be subject to cost-share or matching requirements4 #gjgjd4 ,wildfire management ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of the ,interior for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for wildland fire management by the ,bureau of ,land ,management or ,national ,park ,service1 including improvement1 relocation1 renovation1 or construction of firefighting facilities2 reduction of wildfire hazards to communities through fuels projects within the wildland-urban interface2 burned area rehabilitation2 rural fire assistance2 for salaries and expenses for wildland firefighters2 wildfire-related information technology and geospatial analysis2 deployment of remote sensing technologies2 wildfire science and research1 including fireshed mapping2 and1 through the ,office of ,aviation ,services1 purchase1 lease or contract of fixed-wing aircraft1 and the assessment and deployment of technologies to limit disruptions to firefighting operations at night1 in a degraded visual environment1 and by unauthorized unmanned aircraft system1 including the feasibility of optionally-piloted rotor-wing aircraft and containerized retardant-delivery systems4 #gjgje4 ,national ,park ,service ,deferred ,maintenance and ,department of the ,interior ,housing ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of the ,interior for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #djj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out priority deferred maintenance projects1 which may include resolving directly-related infrastructure deficiencies1 including through direct expenditures or transfer authority1 within the boundaries of the ,national ,park ,system and to provide housing1 including expenses necessary to provide housing1 for-- 7#a7 field employees of the ,national ,park ,service pursuant to subchapter ,,iii of chapter #ajac of title #ed1 ,united ,states ,code2 7#b7 field employees of the ,bureau of ,land ,management in a manner similar to the provision of housing under paragraph 7#a72 and 7#c7 participants in corps programs performing appropriate conservation projects or resiliency and restoration projects under grants1 contracts1 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 7#a74 #gjgjf4 ,urban parks ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,national ,park ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out direct1 competitive grants to localities for acquisition of land or interests in land1 or for development of recreation facilities to create or significantly enhance access to parks or outdoor recreation in urban areas1 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 of the ,secretary4 ,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 accessibility4 #gjgjg4 ,historic preservation ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,national ,park ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to provide funding through direct expenditure1 contracts1 grants1 cooperative agreements1 or technical assistance to ,states1 ,indian ,tribes1 the ,district of ,columbia1 and ,territories to carry out preservation or historic preservation as defined by section #cjjcae of title #ed1 ,united ,states ,code4 #gjgjh4 ,national heritage areas ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,national ,park ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out funding for ,national ,heritage ,area ,partnerships1 including funding in fiscal year #bjbb for any national heritage area1 national heritage corridor1 cultural heritage corridor1 national heritage partnership1 national heritage canalway1 national heritage route1 and battlefields national historic district authorized to receive ,federal funds as of ,september #a1 #bjba4 #gjgji4 ,withdrawals ,the ,secretary of the ,interior shall1 on or before ,june #cj1 #bjbd1 withdraw1 permanently or for a set term and subject to valid existing rights1 lands or interest in lands administered by the ,bureau of ,land ,management from entry1 appropriation1 disposal1 location1 leasing1 permitting1 and patent4 ,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 #bjca of #aj1jjj1jjj4 #gjgaj4 ,national park service employees ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of the ,interior for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available through ,september #cj1 #bjcj1 to hire employees in units of the ,national ,park ,system4 ,h ,drought ,response and ,preparedness #gjhja4 ,bureau of ,reclamation ,domestic water supply projects 7a7 ,funding for domestic water supply projects ,in addition to amounts otherwise available1 there is appropriated to the ,commissioner of the ,bureau of ,reclamation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #eej1jjj1jjj1 to remain available until expended1 for grants1 contracts1 or financial assistance agreements for disadvantaged communities 7identified according to criteria adopted by the ,commissioner7 in a manner as determined by the ,commissioner for up to #ajj percent of the cost of the planning1 design1 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 #ag1 #aijb 7#dc ,u4,s4,c4 #cia2 #cb ,stat4 #chh1 chapter #ajic74 7b7 ,additional funding ,in addition to amounts otherwise available1 there is appropriated to the ,commissioner of the ,bureau of ,reclamation for fiscal year #bjcb and each fiscal year thereafter1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until expended1 for grants1 contracts1 or financial assistance agreements for disadvantaged communities 7identified according to criteria adopted by the ,commissioner7 in a manner as determined by the ,commissioner for up to #ajj percent of the cost of the planning1 design1 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 7as described in item 7#f7 of section #cjjb of the ,western ,water ,policy ,review ,act of #aiib74 #gjhjb4 ,large scale water reuse 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 ,indian ,tribe1 municipality1 irrigation district1 water district1 wastewater district1 or other organization with water or power delivery authority2 7,b7 a ,state1 regional1 or local authority1 the members of which include #a or more organizations with water or power delivery authority2 or 7,c7 an agency established under ,state law for the joint exercise of powers or a combination of entities described in subparagraphs 7,a7 and 7,b74 7#b7 ,reclamation state ,the term ,reclamation ,state means a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic2 #dc ,u4,s4,c4 #cia74 7b7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,reclamation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to provide nonreimbursable grants on a competitive basis to eligible entities that shall not exceed #be percent of the total cost of an eligible project unless the project advances at least a proportionate share of authorized nonreimbursable benefits 7including benefits provided through measurable reductions in water diversions from a river basin that is associated with or affected by1 or located within the same river basin as a ,federal reclamation project7 up to a maximum #ge percent of the total costs of an eligible project1 to carry out the planning1 design1 and construction of projects to reclaim and reuse municipal1 industrial1 domestic1 or agricultural wastewater or impaired ground or surface waters that have a total estimated cost of more than #ejj1jjj1jjj and that provide benefits to drought stricken regions within the ,reclamation ,states for the purposes of-- 7#a7 helping to advance water management plans across a multi-state area1 such as drought contingency plans in the ,colorado ,river ,basin2 and 7#b7 providing multiple benefits1 including water supply reliability benefits for drought-stricken ,states1 ,indian ,tribes1 and communities1 and benefits from measurable reductions in water diversions4 ,the ,bureau of ,reclamation shall not impose a total dollar cap on ,federal contributions that applies to all individual projects funded under this section4 ,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 #ajb-ege or section #djji of ,public ,law #aad-cbb4 ,the ,bureau of ,reclamation shall consider the planning1 design1 and construction of an eligible project's conveyance system to be eligible for grant funding under this section4 #gjhjc4 ,addressing reduced water availability for inland water bodies ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,reclamation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 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 with1 affected by1 or located within the same river basin as a ,bureau of ,reclamation water project1 to cover up to #ej percent of the total cost of the project1 in partnership with a ,state1 ,indian ,tribe1 municipality1 irrigation district1 water district1 wastewater district1 nonprofit organization1 institution of higher learning1 or an agency established under ,state law for the joint exercise of powers4 #gjhjd4 ,canal repair and improvement projects 7a7 ,conveyance repairs ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,reclamation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to provide nonreimbursable grants in a manner as determined by the ,secretary of the ,interior 7in this section referred to as the ,secretary7 on a competitive basis to eligible entities that in aggregate shall not exceed #cc percent of the total cost of an eligible project to carry out the planning1 design1 and construction of projects to make major1 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 resiliency1 primarily through groundwater recharge4 7b7 ,solar canal integration ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,reclamation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the design1 study1 and implementation of projects 7including pilot and demonstration projects7 to cover conveyance facilities receiving grants under subsection 7a7 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 goals4 ,i ,insular ,affairs #gjija4 ,insular affairs critical infrastructure funding ,in addition to amounts otherwise available1 there is appropriated to the ,department of the ,interior ,office of ,insular ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for critical infrastructure in the territories4 #gjijb4 ,office of insular affairs climate change technical assistance 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,department of the ,interior ,office of ,insular ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bi1ajj1jjj1 to remain available until ,september #cj1 #bjbf1 to provide technical assistance for climate change planning1 mitigation1 adaptation1 and resilience to ,united ,states ,insular ,areas under the ,office of ,insular ,affairs4 7b7 ,administrative expenses ,in addition to amounts otherwise available1 there is appropriated to the ,department of the ,interior ,office of ,insular ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ijj1jjj1 to remain available until ,september #cj1 #bjbf1 for necessary administrative expenses associated with carrying out this section4 #gjijc4 ,definitions ,for the purposes of this subtitle3 7#a7 ,territories ,the term territories means ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 and the ,virgin ,islands of the ,united ,states4 7#b7 ,united states insular areas ,the term ,united ,states ,insular ,areas means ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 ,puerto ,rico1 or the ,virgin ,islands of the ,united ,states4 ,j ,offshore ,wind #gajja4 ,renewable energy leasing on the outer continental shelf ,the ,secretary of the ,interior shall grant leases1 easements1 and rights-of-way1 to produce or support production1 transportation1 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 #dh ,states ,planning ,areas and dated ,october #ah1 #bjba1 as the ,mid ,atlantic ,planning ,area1 the ,south ,atlantic ,planning ,area1 the ,straits of ,florida ,planning ,area1 and the ,eastern ,gulf of ,mexico ,planning ,area4 #gajjb4 ,offshore wind for the territories ,the ,secretary of the ,interior shall grant leases1 easements1 and rights-of-way to produce or support production1 transportation1 or transmission of electricity from renewable energy facilities in submerged lands seaward from the coastline of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands of the ,united ,states1 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 control4 ,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 nominations1 determined there is sufficient interest in leasing the area1 and consulted with the ,governor of the territory regarding the suitability of the area for wind energy development4 ,k ,preventing ,damage from ,mining #gaaja4 ,funding to prevent damage from mining ,in addition to amounts otherwise available1 there is appropriated to the ,bureau of ,land ,management for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to revise rules and regulations to prevent undue degradation of public lands due to hardrock mining activities4 ,l ,arctic ,national ,wildlife ,refuge #gabja4 ,repeal of the arctic national wildlife refuge oil and gas program ,section #bjjja of ,public ,law #aae-ig is repealed and any leases issued pursuant to section #bjjja of ,public ,law #aae-ig are hereby cancelled and all payments related to the leases shall be returned to the lessee7s7 within #cj days of enactment of this section4 ,m ,outer ,continental ,shelf ,oil and ,gas ,leasing #gacja4 ,protection of the eastern gulf1 ,atlantic1 and pacific coasts ,the ,secretary of the ,interior may not issue a lease or any other authorization for the exploration1 development1 or production of oil or natural gas in any of the planning areas on the ,outer ,continental ,shelf in the ,pacific ,region ,planning ,areas1 in the ,atlantic ,region ,planning ,areas1 or in the ,eastern ,gulf of ,mexico ,planning ,area identified on the map entitled ,outer ,continental ,shelf ,lower #dh ,states ,planning ,areas and dated ,october #ah1 #bjba4 ,n ,fossil ,fuel ,resources #gadja4 ,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 #ah4ge percent in amount or value of the production from the lease4 ,before a terminated or cancelled oil or gas lease may be reinstated by the ,secretary of the ,interior1 back royalties must be paid1 and future royalties shall be at a rate of #be percent in amount or value of the production from the lease4 #gadjb4 ,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 #ad percent in amount or value of the production from the lease4 #gadjc4 ,oil and gas minimum bid ,the onshore minimum acceptable bid charged by the ,secretary of the ,interior shall be #aj per acre on ,federal lands in the contiguous ,united ,states authorized to be leased by the ,secretary for production of oil and gas4 ,the ,secretary of the ,interior shall by regulation1 at least once every #d years1 adjust the dollar amount to reflect the change in inflation4 #gadjd4 ,deferred coal bonus payments ,the ,secretary of the ,interior may not offer ,federal coal leases under a system of deferred bonus payment4 #gadje4 ,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 #c per acre per year during the #b-year period beginning on the date the lease begins for new leases1 and after the end of such two-year period #e per acre per year4 ,the ,secretary of the ,interior shall by regulation1 at least once every #d years1 adjust the dollar amounts to reflect the change in inflation4 ,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 #bj per acre per year4 #gadjf4 ,fossil fuel lease term length 7a7 ,a new coal lease issued by the ,secretary of the ,interior shall be for a term of ten years4 ,any lease which is not producing in commercial quantities at the end of #e years shall be terminated4 ,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 #aj years4 7b7 ,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 #e years4 #gadjg4 ,expression of interest fee 7a7 ,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 7b74 7b7 ,amount ,the fee authorized under subsection 7a7 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 section1 but not less than #ae per acre and not more than #ej per acre of the area covered by the applicable expression of interest4 7c7 ,adjustment of fee ,the ,secretary of the ,interior shall1 by regulation at least every #d years1 establish a higher expression of interest fee to reflect the change in inflation4 #gadjh4 ,elimination of noncompetitive leasing ,the ,secretary of the ,interior may not issue an oil or gas lease noncompetitively4 ,land made available by the ,secretary of the ,interior for oil and gas leasing for which no bid is accepted or received1 or the land for which a lease terminates1 expires1 is cancelled1 or is relinquished1 may only be made available by the ,secretary of the ,interior for a new round of sealed1 competitive bidding4 #gadji4 ,oil and gas bonding requirements ,not later than #ah months after the date of enactment of this subtitle1 the ,secretary of the ,interior shall publish a final rule in the ,federal ,register requiring that an adequate bond1 surety1 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 land1 water1 range1 or other environmental resources adversely affected by lease activities or operations after the abandonment or cessation of oil and gas operations on the lease4 ,the ,secretary of the ,interior shall find that a bond1 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 tract1 the restoration of any lands or surface waters adversely affected by lease operations1 and1 in the case of an idled well1 the total plugging and reclamation costs for each idled well controlled by the same operator4 #gadaj4 ,per-acre lease fees 7a7 ,oil and gas lease fees ,the ,secretary of the ,interior shall charge onshore and offshore oil and gas leaseholders the following annual1 non-refundable fees3 7#a7 ,conservation of resources fee ,there is established a ,conservation of ,resources ,fee of #d per acre per year on new producing ,federal onshore and offshore oil and gas leases4 7#b7 ,speculative leasing fee ,there is established a ,speculative ,leasing ,fee of #f per acre per year on new nonproducing ,federal onshore and offshore oil and gas leases4 7b7 ,deposit ,all funds collected pursuant to subsection 7a7 shall be deposited into the ,united ,states ,treasury ,general ,fund4 7c7 ,adjustment for inflation ,the ,secretary of the ,interior shall1 by regulation at least once every four years1 adjust each fee created by subsection 7a7 to reflect any increase in inflation4 #gadaa4 ,offshore oil and gas inspection fees 7a7 ,in general 7#a7 ,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 blowouts1 fires1 spills1 spillages1 or major accidents-- 7,a7 at an aggregate level to offset the annual expenses of such inspections2 and 7,b7 using a schedule that reflect the differences in complexity among the classes of facilities to be inspected4 7#b7 ,adjustment for inflation ,for each fiscal year beginning after fiscal year #bjbb1 the ,secretary of the ,interior shall adjust the amount of the fees collected under this section for inflation4 7#c7 ,fees for fiscal year #bjbb 7,a7 ,annual fees ,for fiscal year #bjbb1 the ,secretary of the ,interior shall collect annual fees from the operator of facilities that are above the waterline1 excluding drilling rigs1 and are in place at the start of the fiscal year in the following amounts3 7i7 #aa1gbe for facilities with no wells1 but with processing equipment or gathering lines4 7ii7 #ah1ihd for facilities with #a to #aj wells1 with any combination of active or inactive wells4 7iii7 #ce1agf for facilities with more than #aj wells1 with any combination of active or inactive wells4 7,b7 ,fees for drilling rigs ,for fiscal year #bjbb1 the ,secretary of the ,interior shall collect fees for each inspection from the operators of drilling rigs in the following amounts3 7i7 #cd1jei per inspection for rigs operating in water depths of #ejj feet or more4 7ii7 #ah1fdi per inspection for rigs operating in water depths of less than #ejj feet4 7,c7 ,fees for non-rig units ,for fiscal year #bjbb1 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 amounts3 7i7 #ac1bfj per inspection for non-rig units operating in water depths of #b1ejj feet or more4 7ii7 #aa1ecj per inspection for non-rig units operating in water depths between #ejj and #b1dii feet4 7iii7 #d1dgj per inspection for non-rig units operating in water depths of less than #ejj feet4 7b7 ,disposition ,amounts collected as fees under subsection 7a7 shall be deposited into the general fund of the ,treasury4 7c7 ,billing 7#a7 ,annual fees ,the ,secretary of the ,interior shall bill designated operators under subsection 7a77#c77;,a7 annually1 with payment required not later than #cj days after such billing4 7#b7 ,fees for drilling rigs ,the ,secretary of the ,interior shall bill designated operators under subsection 7a77#c77;,b7 not later than #cj days after the end of the month in which the inspection occurred1 with payment required not later than #cj days after such billing4 #gadab4 ,onshore oil and gas inspection fees 7a7 ,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 #bjba1 shall pay a nonrefundable annual inspection fee in an amount that1 except as provided in subsection 7b71 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 leases4 7b7 ,amount ,until the effective date of regulations under subsection 7a7-- 7#a7 the amount of the fee for all ,states shall be #a1jjj for each lease1 unit1 or communitization agreement2 and 7#b7 the ,secretary of the ,interior may increase the fees based upon the actual costs incurred for inspections4 7c7 ,assessment for fiscal year #bjbb ,for fiscal year #bjbb1 the ,secretary of the ,interior shall assess the fee described under this section at #a1jjj for each lease1 unit1 or communitization agreement1 and shall provide notice of such assessment to each designated operator who is liable for such fee1 by not later than #fj days after the date of enactment of this section4 #gadac4 ,severance fees ,the ,secretary of the ,interior shall collect annual1 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 ,fund4 ,such fees shall be-- 7#a7 #j4ej per barrel of oil equivalent on oil and natural gas produced from ,federal lands and the ,outer ,continental ,shelf2 and 7#b7 #b per metric ton of coal produced from ,federal lands4 #gadad4 ,idled well fees 7a7 ,in general ,the ,secretary of the ,interior shall1 not later than #ahj days after the date of enactment of this section1 issue regulations to require each operator of an idled well on ,federal land and the ,outer ,continental ,shelf to pay an annual1 nonrefundable fee for each such idled well in accordance with this subsection4 7b7 ,amounts ,except as provided in subsection 7d71 the amount of the fee shall be as follows3 7#a7 #ejj for each well that has been considered an idled well for at least #a year1 but not more than #e years4 7#b7 #a1ejj for each well that has been considered an idled well for at least #e years1 but not more than #aj years4 7#c7 #c1ejj for each well that has been considered an idled well for at least #aj years1 but not more than #ae years4 7#d7 #g1ejj for each well that has been considered an idled well for at least #ae years4 7c7 ,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 #a of each year4 7d7 ,adjustment for inflation ,the ,secretary of the ,interior shall1 by regulation not less than once every #d years1 adjust each fee under this section to account for inflation4 7e7 ,deposit ,all funds collected pursuant to subsection 7a7 shall be deposited into the ,united ,states ,treasury ,general ,fund4 7f7 ,idled well definition ,for the purposes of this section1 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 use4 #gadae4 ,annual pipeline owners fee 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 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 #cj ,c4,f4,r4 #bej4ajja4 ,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 ,states4 7b7 ,amounts ,fees established under this paragraph shall be-- 7#a7 #aj1jjj per mile for pipelines in water with a depth of #ejj feet or greater2 and 7#b7 #a1jjj per mile for pipelines in water depth of under #ejj feet4 #gadaf4 ,royalties on all extracted methane 7a7 ,in general ,except as provided in subsection 7b71 royalties paid for gas produced from ,federal lands and on the ,outer ,continental ,shelf shall be assessed on all gas produced1 including-- 7#a7 gas used or consumed within the area of the lease tract for the benefit of the lease2 and 7#b7 all gas that is consumed or lost by venting1 flaring1 or fugitive releases through any equipment during upstream operations4 7b7 ,exception ,subsection 7a7 shall not apply with respect to gas vented or flared for not longer than #dh hours in an acute emergency situation that poses a danger to human health4 #gadag4 ,elimination of royalty relief 7a7 ,limitation on authority ,the ,secretary of the ,interior may not reduce1 eliminate1 or suspend royalties or net profit share for any oil and gas leases on the ,outer ,continental ,shelf4 ,royalty relief may not be permitted on any future oil and gas leases on the ,outer ,continental ,shelf4 7b7 ,repeal ,section #ci of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bji7 is repealed4 ,o ,united ,states ,geological ,survey #gaeja4 ,united ,states geological survey #c;d elevation program ,in addition to amounts otherwise available1 there is appropriated to the ,director of the ,united ,states ,geological ,survey for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dg1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to produce1 collect1 disseminate1 and use #c;,d elevation data4 #gaejb4 ,climate adaptation science centers ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,geological ,survey for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the ,regional and ,national ,climate ,adaptation ,science ,centers to provide localized information to help communities respond to climate change4 ,funding provided under this section shall only be executed through existing cooperative agreements with non-,federal partners or used internally for ,united ,states ,geological ,survey activities4 ,,viii ,committee on ,oversight and ,reform #hjjja4 ,general ,services ,administration ,clean ,fleets ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of ,general ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1iie1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the procurement of zero-emission and electric vehicles and related costs4 #hjjjb4 ,funding for ,general ,services ,administration ,office of ,inspector ,general ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,inspector ,general of the ,general ,services ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to support oversight of ,general ,services ,administration activities implemented pursuant to this ,act4 #hjjjc4 ,united ,states ,postal ,service ,clean ,fleets ,in addition to amounts otherwise available1 there is appropriated to the ,united ,states ,postal ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 the following amounts1 to be deposited into the ,postal ,service ,fund established under section #bjjc of title #ci1 ,united ,states ,code3 7#a7 #b1egc1eej1jjj1 to remain available through ,september #cj1 #bjca1 for the purchase of electric delivery vehicles4 7#b7 #c1daa1dej1jjj1 to remain available through ,september #cj1 #bjca1 for the purchase1 design1 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 entities4 #hjjjd4 ,united ,states ,postal ,service ,office of ,inspector ,general ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,inspector ,general of the ,united ,states ,postal ,service for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ae1jjj1jjj1 to remain available through ,september #cj1 #bjca1 to support oversight of ,united ,states ,postal ,service activities implemented pursuant to this ,act4 #hjjje4 ,government ,accountability ,office ,oversight ,in addition to amounts otherwise available1 there is appropriated to the ,comptroller ,general of the ,united ,states for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for necessary expenses of the ,government ,accountability ,office to support the oversight of-- 7#a7 the distribution and use of funds appropriated under this ,act2 and 7#b7 whether the economic1 social1 and environmental impacts of the funds described in paragraph 7#a7 are equitable4 #hjjjf4 ,office of ,management and ,budget ,oversight ,in addition to amounts otherwise available1 there are appropriated to the ,director of the ,office of ,management and ,budget for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for necessary expenses to-- 7#a7 support the implementation of this ,act2 and 7#b7 track labor1 equity1 and environmental standards and performance4 #hjjjg4 ,general ,services ,administration ,emerging ,technologies ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of ,general ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ige1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for emerging and sustainable technologies1 and related sustainability and environmental programs4 #hjjjh4 ,general ,services ,administration ,procurement and ,technology ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of ,general ,services for fiscal year #bjbb out of any money in the ,treasury not otherwise appropriated1 #c1bej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the purchase of goods1 services1 and systems to improve energy efficiency1 promote the purchase of lower-carbon materials1 and reduce the carbon footprint4 #hjjji4 ,technology ,modernization ,fund ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of ,general ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out the purposes of the ,technology ,modernization ,fund4 #hjjaj4 ,federal ,citizens ,services ,fund ,in addition to amounts otherwise available1 there is appropriated to the ,administrator of ,general ,services for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out the purposes of the ,federal ,citizen ,services ,fund4 #hjjaa4 ,information ,technology ,oversight and ,reform ,fund ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjbf1 #ej1jjj1jjj for the ,information ,technology ,oversight and ,reform ,fund4 ,,ix ,committee on ,science1 ,space1 and ,technology #ijjja4 ,department of energy research1 development1 and demonstration activities 7a7 ,office of ,energy ,efficiency and ,renewable ,energy ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,energy ,office of ,energy ,efficiency and ,renewable ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out demonstration projects1 including demonstration of advanced-- 7#a7 building technologies2 7#b7 solar energy technologies2 7#c7 geothermal energy technologies2 7#d7 wind energy technologies2 7#e7 water power technologies2 7#f7 bioenergy technologies2 and 7#g7 vehicle technologies4 7b7 ,office of ,science ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,science of the ,department of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjbf-- 7#a7 #ajj1jjj1jjj to carry out the low-dose radiation research program established under section #cjf7;c7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfdd7;c77#a772 7#b7 #bjj1jjj1jjj to carry out the fusion materials research and development program established under section #cjg7;b7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde7;b772 7#c7 #bjj1jjj1jjj to carry out the alternative and enabling fusion energy concepts program established under section #cjg7;e7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde7;e772 7#d7 #cbe1jjj1jjj to carry out the milestone-based fusion energy development program established under section #cjg7;i7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde7;i772 7#e7 #adj1jjj1jjj to carry out the program of research and technology development in inertial fusion for energy applications established under section #cjg7;d7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde7;d772 and 7#f7 #bj1jjj1jjj to carry out the fusion reactor system design activities authorized in section #cjg7;j7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde7;j74 7c7 ,office of fossil energy and carbon management ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,energy ,office of ,fossil ,energy and ,carbon ,management for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to carry out on-site demonstration projects on the reduction of environmental impacts of produced water4 7d7 ,diversity support ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,energy ,office of ,economic ,impact and ,diversity for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to support programs across the ,department's civilian research1 development1 demonstration1 and commercial application activities4 #ijjjb4 ,availability of high-assay low-enriched uranium 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,energy for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjbf1 #ejj1jjj1jjj to carry out the program elements described in subparagraphs 7,d7 through 7,h7 of section #bjja7;a77#b7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha7;a77#b771 and for related administrative expenses4 7b7 ,competitive procedures ,to the maximum extent practicable1 the ,department of ,energy shall1 in a manner consistent with section #ihi of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcec71 use a competitive1 merit-based review process in carrying out research1 development1 demonstration1 and deployment activities under section #bjja of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbha74 #ijjjc4 ,air quality and climate research ,in addition to amounts otherwise available1 there is appropriated to the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for air quality and climate research in support of research related to climate change mitigation1 adaptation and resilience activities to help reduce the impacts of climate change on human health and welfare2 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 anticipate1 prepare for1 adapt to1 and recover from climate-driven extreme events2 research on the impacts of climate change1 and the cumulative impacts of pollution exposure1 in low-income and disadvantaged communities4 #ijjjd4 ,,pfas replacement assistance to firefighters grants 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ie1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to the ,federal ,emergency ,management ,agency for grants for personal protective firefighting equipment and firefighting foam that does not contain perfluoroalkyl or polyfluoroalkyl substances4 7b7 ,program administration ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 to the ,federal ,emergency ,management ,agency for the administration and management of this section4 7c7 ,applications ,with respect to the grant program described in subsection 7a71 the ,administrator of the ,federal ,emergency ,management ,agency shall-- 7#a7 require eligible applicants to submit an application at such time1 in such form1 and containing such information and assurances as the ,administrator of the ,federal ,emergency ,management ,agency may require2 and 7#b7 establish appropriate review and delivery mechanisms for an application submitted under paragraph 7#a74 #ijjje4 ,national aeronautics and space administration infrastructure ,in addition to amounts otherwise available1 there are appropriated to the ,national ,aeronautics and ,space ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #gdh1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for repair1 recapitalization1 modification1 modernization1 and construction of physical infrastructure and facilities1 including related administrative expenses1 consistent with the responsibilities under sections #caejb and #caejc of title #ea1 ,united ,states ,code4 #ijjjf4 ,national aeronautics and space administration climate research and development ,in addition to amounts otherwise available1 there are appropriated to the ,national ,aeronautics and ,space ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjbh-- 7#a7 #he1jjj1jjj for research and development on subseasonal to seasonal models and observations1 climate resilience and sustainability1 and for airborne instruments1 campaigns1 and surface networks to understand1 observe1 and mitigate climate change and its impacts1 consistent with ,,nasa's mission to expand human knowledge of the ,earth1 as carried out through programs under the ,earth ,science ,division1 and for research and development activities on upper atmospheric research1 and for related administrative expenses2 7#b7 #cj1jjj1jjj for investments in data management and processing to support research1 development1 and applications to understand1 observe1 and mitigate climate change and its impacts1 consistent with ,,nasa's mission to expand human knowledge of the ,earth1 as carried out through programs under the ,earth ,science ,division1 and for related administrative expenses2 7#c7 #be1jjj1jjj 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 ,administration1 and for related administrative expenses2 and 7#d7 #bbe1jjj1jjj for aeronautics research and development on sustainable aviation1 consistent with sections #djgja and #djgjb of title #ea1 ,united ,states ,code1 and for related administrative expenses4 #ijjjg4 ,national ,aeronautics and ,space ,administration ,office of ,inspector ,general ,in addition to amounts otherwise available1 there are appropriated to the ,national ,aeronautics and ,space ,administration for fiscal year #bjbb1 out of money in the treasury not otherwise appropriated1 #b1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 for the ,office of ,inspector ,general to provide oversight over the management of funds appropriated under sections #ijjje and #ijjjf4 #ijjjh4 ,national institute of standards and technology research ,in addition to amounts otherwise available1 there is appropriated to the ,national ,institute of ,standards and ,technology for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for research on the impact of fire on structures and communities located at the ,wildland ,urban ,interface under the direction of the ,institute1 and for related administrative expenses4 #ijjji4 ,national institute of standards and technology hollings manufacturing extension partnership ,in addition to amounts otherwise available1 there is appropriated to the ,national ,institute of ,standards and ,technology for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bfj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for the ,hollings ,manufacturing ,extension ,partnership of the ,national ,institute of ,standards and ,technology1 established in section #be7;b7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghk7b771 including programs established under section #be;,a7a7 of such ,act 7#ae ,u4,s4,c4 #bghk-#a7;a77 and section #bf7;a7 of such ,act 7#ae ,u4,s4,c4 #bghl7a771 and for related administrative expenses1 except that no funds shall be used for subsections 7c77#b71 7c77#e71 7l71 or 7g7 of such ,act 7#ae ,u4,s4,c4 #bghk74 #ijjaj4 ,national institute of standards and technology manufacturing ,in addition to amounts otherwise available1 there is appropriated to the ,national ,institute of ,standards and ,technology for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #bbj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 to provide funds for advanced manufacturing research1 development1 and testbeds1 through new and existing programs and public private partnerships1 and for related administrative expenses2 and 7#b7 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for the development and execution of a cybersecurity workforce training center1 and for related administrative expenses4 #ijjaa4 ,national institute of standards and technology research infrastructure ,in addition to amounts otherwise available1 there is appropriated to the ,national ,institute of ,standards and ,technology for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fej1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for the upgrade1 replacement1 maintenance1 or renovation of facilities and equipment as necessary to conduct laboratory activities1 and for related administrative expenses4 #ijjab4 ,oceanic and atmospheric research and forecasting for weather and climate 7a7 ,forecasting and research ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to accelerate advances and improvements in research1 observation systems1 modeling1 forecasting1 assessments1 and dissemination of information to the public as it pertains to ocean and atmospheric processes related to weather1 coasts1 oceans1 and climate1 and to carry out section #ajb7;a7 of the ,weather ,research and ,forecasting ,innovation ,act of #bjag 7#ae ,u4,s4,c4 #heab7;a771 and for related administrative expenses4 7b7 ,research grants and science information1 products1 and services ,in addition to amounts otherwise available1 there are appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjbf-- 7#a7 #ajj1jjj1jjj for competitive grants to fund climate research as it relates to weather1 ocean1 coastal1 and atmospheric processes and conditions1 and impacts to marine species and coastal habitat1 and for related administrative expenses2 and 7#b7 #ajj1jjj1jjj for education and training pursuant to section #djjb7;b77#b7 of the ,america ,,competes ,act 7#cc ,u4,s4,c4 #hic;a7b77#b771 and for increased development and dissemination of climate science information1 products1 and services1 in support of climate adaptation preparedness as it relates to weather1 ocean1 coastal1 and atmospheric processes and conditions1 impacts to marine species and coastal habitat1 and for related administrative expenses4 7c7 ,research infrastructure and procurement ,in addition to amounts otherwise available1 there are appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the provision of research infrastructure that improves accuracy1 timing1 and dissemination of public information concerning extreme climate and weather and for procurements necessary to support the activities described in subsections 7a7 and 7b71 and for related administrative expenses4 #ijjac4 ,climate education ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for contracts1 grants1 and technical assistance for education activities and materials under section #djjb7;b77#b7 of the ,america ,,competes ,act 7#cc ,u4,s4,c4 #hic;a7b77#b77 related to improving public understanding of climate change as it relates to weather1 ocean1 coastal1 and atmospheric processes and conditions and marine fisheries and resources1 and for related administrative expenses4 ,none of the funds provided by this subsection shall be subject to cost-sharing or matching requirements4 #ijjad4 ,computing capacity and research for weather1 oceans1 and climate ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the procurement of additional high-performance computing1 data processing capacity1 data management1 and storage assets1 to carry out section #bjd7;a77#b7 of the ,high-,performance ,computing ,act of #aiia 7#ae ,u4,s4,c4 #eebd7;a77#b771 and for transaction agreements authorized under section #cja7;d77#a77;,a7 of the ,weather ,research and ,forecasting ,innovation ,act of #bjag 7#ae ,u4,s4,c4 #heca7;d77#a77;,a771 and for related administrative expenses4 #ijjae4 ,acquisition of hurricane forecasting aircraft ,in addition to amounts otherwise available1 there is appropriated to the ,national ,oceanic and ,atmospheric ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aci1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the acquisition of hurricane hunter aircraft under section #dac7;a7 of the ,weather ,research and ,forecasting ,innovation ,act of #bjag 7#ae ,u4,s4,c4 #hedi7;a774 #ijjaf4 ,national ,science ,foundation core research ,in addition to amounts otherwise available1 there is appropriated to the ,national ,science ,foundation 7referred to in this section as the ,foundation7 for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #ffh1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to fund or extend new and existing research awards1 traineeships1 scholarships1 and fellowships administered by the ,national ,science ,foundation1 across all science1 technology1 engineering1 and mathematics disciplines supported by the ,national ,science ,foundation1 and for related administrative expenses2 7#b7 #be1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for activities and research to ensure broad demographic participation in the activities of the ,foundation1 consistent with the goals under section #ebf7;a77#g7 of the ,america ,,competes ,reauthorization ,act of #bjaj 7#db ,u4,s4,c4 #ahfbp-#ad7;a77#g77 and section #c7;e7 of the ,national ,science ,foundation ,act of #aiej 7#db ,u4,s4,c4 #ahfb7;e771 and for related administrative expenses2 and 7#c7 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for climate change research as it relates to fundamental understanding of physical1 chemical1 biological1 and human systems and the interactions among them1 and for related administrative expenses4 #ijjag4 ,national ,science ,foundation technology1 innovation1 and partnerships directorate ,in addition to amounts otherwise available1 there is appropriated to the ,national ,science ,foundation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #a1ebj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to fund and administer the ,directorate for ,technology1 ,innovation1 and ,partnerships1 which shall accelerate use-inspired and translational research and the development1 commercialization1 and use of technologies and innovations of national importance1 including technologies and innovations relevant to natural disaster mitigation and other societal challenges1 through programs of the ,national ,science ,foundation1 and for related administrative expenses2 7#b7 #be1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for research security activities2 7#c7 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for research capacity building at historically ,black colleges and universities1 ,tribal ,colleges and ,universities1 ,hispanic-serving institutions1 and other minority-serving institutions1 administered through the ,directorate for ,technology1 ,innovation1 and ,partnerships1 and for related administrative expenses2 and 7#d7 #ee1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 to fund cybersecurity education and training1 including scholarships1 through programs of the ,national ,science ,foundation1 and for related administrative expenses4 #ijjah4 ,national ,science ,foundation research infrastructure ,in addition to amounts otherwise available1 there is appropriated to the ,national ,science ,foundation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #bjj1jjj1jjj to remain available until ,september #cj1 #bjbf1 for the repair1 renovation1 or1 in exceptional cases1 replacement of obsolete science and engineering facilities primarily devoted to research and research training1 and for related administrative expenses2 7#b7 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for additional mid-scale and major research instrumentation1 equipment1 and infrastructure awards under the direction of the ,national ,science ,foundation1 and for related administrative expenses2 and 7#c7 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for academic research facilities modernization and research instrumentation1 including construction1 upgrade1 renovation1 or repair of research infrastructure1 at historically ,black colleges and universities1 ,tribal ,colleges and ,universities1 ,hispanic-serving institutions1 and other minority-serving institutions1 through programs of the ,national ,science ,foundation1 and for related administrative expenses4 #ijjai4 ,national ,science ,foundation ,oversight ,in addition to amounts otherwise available1 there is appropriated to the ,national ,science ,foundation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #g1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 for administrative expenses of the ,inspector ,general relating to oversight of funds provided to the ,national ,science ,foundation under this ,act4 ,x ,committee on ,small ,business ,a ,increasing ,federal ,contracting ,opportunities for ,small ,businesses #ajjaja4 ,veteran ,federal procurement entrepreneurship training program 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ce1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 for carrying out subsection 7h7 of section #cb of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;b71 as added by this section4 7b7 ,establishment ,section #cb of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;b7 is amended by adding at the end the following3 7h7 ,veteran ,federal procurement entrepreneurship training program ,the ,administrator1 acting through the ,associate ,administrator1 shall make grants to1 or enter into cooperative agreements with1 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 ,government4 ,a grant or cooperative agreement under this subsection-- 7#a7 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 locations2 and 7#b7 shall include terms under which the nonprofit entities shall use a diverse group of professional service experts1 such as ,federal1 ,state1 and local contracting experts and private sector industry experts with first-hand experience in ,federal ,government contracting1 to provide assistance to small business concerns owned and controlled by veterans through a program operated under this section4 4 #ajjajb4 ,expanding surety bond program 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #he1jjj1jjj for additional capital for the fund established under section #dab of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fid;c72 and 7#b7 #ae1jjj1jjj for administrative expenses and oversight costs related to carrying out this section1 and any amendments made by this section4 7b7 ,expanding surety bond program ,part ,b of title ,,iv of the ,small ,business ,investment ,act of #aieh is amended-- 7#a7 in section #daa-- 7,a7 in subsection 7a77#a7-- 7i7 in subparagraph 7,a71 by striking #f1ejj1jjj and inserting #aj1jjj1jjj2 and 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,the ,administrator may guarantee a surety under subparagraph 7,a7 for a total work order or contract in an amount that does not exceed #bj1jjj1jjj4 2 and 7,b7 in subsection 7e77#b71 by striking #f1ejj1jjj and inserting the amount described in subparagraph 7,a7 or 7,b7 of subsection 7a77#a71 as applicable2 and 7#b7 in section #dab7;a7 7#ae ,u4,s4,c4 #fid;c7a771 in the third sentence1 by striking 1 excluding administrative expenses14 ,b ,empowering ,small ,business ,creation and ,expansion in ,underrepresented ,communities #ajjbja4 ,funding for uplift incubators 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #hej1jjj1jjj for carrying out section #di of the ,small ,business ,act1 as added by subsection 7b72 and 7#b7 #aej1jjj1jjj for administrative expenses and costs related to carrying out section #di of the ,small ,business ,act1 as added by subsection 7b74 7b7 ,establishment ,the ,small ,business ,act is amended-- 7#a7 by redesignating section #di 7#ae ,u4,s4,c4 #fca note7 as section #ed2 and 7#b7 by inserting after section #dh the following3 #di4 ,uplift incubators 7a7 ,definitions ,in this section3 7#a7 ,economic development organization ,the term economic development organization-- 7,a7 means a regional1 ,state1 tribal1 or local private nonprofit organization established for purposes of promoting or otherwise facilitating economic development2 and 7,b7 includes community financial institutions1 as defined in section #g7;a77#cf77;,a74 7#b7 ,eligible applicant ,the term eligible applicant means-- 7,a7 an economic development organization2 7,b7 an ,,sba partner organization2 7,c7 a historically ,black college or university2 7,d7 an institution of higher education1 as described in section #cga7;a7 of the ,higher ,education ,act2 or 7,e7 a junior or community college4 7#c7 ,eligible small business concern ,the term eligible small business concern means a business concern that-- 7,a7 is organized or incorporated in the ,united ,states2 7,b7 is operating primarily in the ,united ,states2 7,c7 meets-- 7i7 the applicable industry-based size standard established under section #c2 or 7ii7 the alternate size standard applicable to the program under section #g7;a7 or the loan programs under title ,v of the ,small ,business ,investment ,act of #aieh2 7,d7 is-- 7i7 in the planning stages or has been in business for not more than #e years as of the date on which assistance under this section commences2 or 7ii7 a small government contractor2 and 7,e7 is-- 7i7 owned and controlled by #a or more members of an underrepresented community2 or 7ii7 a ,native ,entity4 7#d7 ,historically black college or university ,the term historically ,black college or university means a part ,b institution1 as defined in section #cbb of the ,higher ,education ,act of #aife4 7#e7 ,member of an underrepresented community ,the term member of an underrepresented community means an individual-- 7,a7 who is a resident of-- 7i7 a low-income community1 as defined in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf2 7ii7 a low-income rural community2 or 7iii7 a ,h,u,b,zone1 as defined in section #ca7;b72 7,b7 who is a member of an ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the most recent list published pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid2 7,c7 with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij2 7,d7 who is a veteran2 7,e7 who completed a term of imprisonment2 or 7,f7 who is otherwise identified by the ,administrator4 7#f7 ,native ,entity ,the term ,native ,entity means-- 7,a7 an ,alaska ,native ,corporation1 as defined in section #c7m7 of the ,alaska ,native ,claims ,settlement ,act2 and 7,b7 a ,native ,hawaiian organization1 as defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife4 7#g7 ,,sba partner organization ,the term ,,sba partner organization means any organization awarded financial assistance in the form of a grant1 prize1 cooperative agreement1 or contract for the purpose of conducting a public project funded1 either in whole or in part1 under a program of the ,administration4 7#h7 ,small government contractor ,the term small government contractor means a small business concern that is performing a government contract or subcontract4 7#i7 ,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 services1 including-- 7,a7 access to physical workspace and facilities2 7,b7 access to capital1 business education1 and counseling2 7,c7 networking opportunities2 7,d7 mentorship opportunities2 7,e7 assistance in becoming prime contractors and submitting bids for prime contracts2 7,f7 conducting market research1 drafting statements1 and identifying acquisition authorities under which eligible small business concerns assisted under this section may enter into ,federal contracts or agreements2 and 7,g7 other services intended to aid in developing a business4 7b7 ,authority ,the ,administrator may provide financial assistance on a competitive basis in the form of a grant1 prize1 cooperative agreement1 or contract to an eligible applicant for purposes of-- 7#a7 providing the services of a uplift incubator to eligible small business concerns2 or 7#b7 expanding or establishing a network of the eligible applicant to provide the services of a uplift incubator to eligible small business concerns4 7c7 ,use of funds ,an eligible applicant that receives assistance under this section-- 7#a7 shall support areas that serve members of an underrepresented community by providing the services of a uplift incubator2 and 7#b7 shall not impose or otherwise collect a fee or other compensation from eligible small business concerns in connection with the provision of such services4 7d7 ,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 consequences1 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 assistance4 4 #ajjbjb4 ,office of ,native ,american ,affairs 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration1 out of any money in the ,treasury not otherwise appropriated for fiscal year #bjbb1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to carry out section #ej of the ,small ,business ,act1 as added by subsection 7b74 7b7 ,establishment ,the ,small ,business ,act is amended by inserting after section #di1 as added by section #ajjbja of this title1 the following3 #ej4 ,office of ,native ,american ,affairs 7a7 ,definitions ,in this section3 7#a7 ,alaska ,native ,corporation ,the term ,alaska ,native ,corporation has the meaning given the term section #c7m7 of the ,alaska ,native ,claims ,settlement ,act4 7#b7 ,indian ,tribe ,the term ,indian ,tribe means any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the most recent list published pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid4 7#c7 ,native ,american ,the term ,native ,american means a member of an ,indian ,tribe4 7#d7 ,native ,hawaiian ,organization ,the term ,native ,hawaiian ,organization has the meaning given in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife4 7#e7 ,resource partners ,the term resource partners means-- 7,a7 small business development centers2 7,b7 women's business centers described in section #bi2 7,c7 chapters of the ,service ,corps of ,retired ,executives established under section #h7;b77#a77;,b72 and 7,d7 ,veteran ,business ,outreach ,centers described in section #cb4 7b7 ,establishment ,there is established in the ,administration an ,office of ,native ,american ,affairs1 in this section referred to as the ,office1 which shall provide entrepreneurship outreach and development assistance to ,native ,americans1 ,native ,hawaiian ,organizations and members thereof1 ,alaska ,native ,corporations and members thereof1 and ,indian ,tribes1 through the ,native ,american ,outreach ,program established under subsection 7c74 7c7 ,native ,american ,outreach ,program 7#a7 ,establishment ,the ,administrator shall establish and administer a ,native ,american ,outreach ,program within the ,office-- 7,a7 to ensure that small business concerns owned and controlled by ,native ,americans1 ,native ,hawaiian ,organizations1 ,alaska ,native ,corporations1 and ,indian ,tribes1 and ,native ,american entrepreneurs have access to programs and services of the ,administration2 7,b7 to provide information to ,state1 local1 and tribal governments and other interested persons about ,federal assistance available to small business concerns owned and controlled by ,native ,americans1 ,native ,hawaiian ,organizations1 ,alaska ,native ,corporations1 and ,indian ,tribes1 and ,native ,american entrepreneurs2 and 7,c7 to ensure access to in-person and virtual counseling and training services to small business concerns owned and controlled by ,native ,americans1 ,native ,hawaiian ,organizations1 ,alaska ,native ,corporations1 and ,indian ,tribes1 and ,native ,american entrepreneurs4 7#b7 ,services ,the services described in paragraph 7#a7 shall include-- 7,a7 financial education on applying for and securing credit1 loan guarantees1 surety bonds1 and investment capital1 managing financial operations1 and preparing and presenting financial statements and business plans2 7,b7 education on management of a small business concern1 including planning1 organizing1 staffing1 and marketing2 7,c7 identifying market opportunities2 and 7,d7 implementing economic and business development strategies to improve long-term job growth4 4 #ajjbjc4 ,office of ,rural ,affairs 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration1 out of any money in the ,treasury not otherwise appropriated for fiscal year #bjbb1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to carry out subsection 7d7 of section #bf of the ,small ,business ,act 7#ae ,u4,s4,c4 #fec71 as added by subsection 7b74 7b7 ,office of ,rural ,affairs ,section #bf of the ,small ,business ,act 7#ae ,u4,s4,c4 #fec7 is amended by adding at the end the following3 7d7 ,rural small business conferences ,the ,office shall administer #a or more annual ,rural ,small ,business ,conferences1 to be held in various regions of the ,united ,states4 ,the purpose of such ,conferences shall be to-- 7#a7 promote policies and programs of the ,administration specific to small business concerns located in rural areas1 and make publicly available information about such policies and programs2 7#b7 coordinate with all offices of the ,administration1 resource partners1 lenders1 and other interested persons to ensure that the needs of small business concerns located in rural area are being met2 and 7#c7 analyze data on the effectiveness of programs of the ,administration that benefit small business concerns located in rural areas4 4 #ajjbjd4 ,office of ,emerging ,markets 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration1 out of any money in the ,treasury not otherwise appropriated in fiscal year #bjbb1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to carry out subsection 7o7 of section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf71 as added by subsection 7b74 7b7 ,establishment ,section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7 is amended by adding at the end the following3 7o7 ,office of ,emerging ,markets 7#a7 ,definitions ,in this subsection-- 7,a7 the term ,director means the ,director of the ,office of ,emerging ,markets2 7,b7 the term microloan program means the program described in subsection 7m72 7,c7 the term small business concern in an emerging market means a small business concern-- 7i7 that is located in-- 7,i7 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 #aigd2 or 7,,ii7 a ,h,u,b,zone1 as that term is defined in section #ca7;b72 7ii7 that is growing1 newly established1 or a startup2 7iii7 owned and controlled by veterans2 7iv7 owned and controlled by individuals with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij2 or 7v7 owned and controlled by other individuals or groups identified by the ,administrator4 7#b7 ,establishment ,there is established within the ,office of ,capital ,access of the ,administration an office to be known as the ,office of ,emerging ,markets4 ,the ,office of ,emerging ,markets shall be administered by a ,director who shall be responsible for the planning1 coordination1 implementation1 evaluation1 and improvement of the efforts of the ,administrator to enhance the economic well-being of small business concerns in an emerging market4 4 #ajjbje4 ,state ,trade ,expansion ,program ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #ca1gaj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out section #bb7l7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdi7l77 in fiscal year #bjbc1 and 7#b7 #ca1gaj1jjj1 to remain available until ,september #cj1 #bjbg1 to carry out section #bb7l7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdi7l77 in fiscal year #bjbd4 ,c ,encouraging ,small ,businesses to ,fully ,engage in the ,innovation ,economy #ajjcja4 ,growth accelerator competition 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #aij1jjj1jjj for carrying out section #ea of the ,small ,business ,act1 as added by subsection 7b72 and 7#b7 #aj1jjj1jjj for administrative expenses and oversight costs related to carrying out section #ea of the ,small ,business ,act1 as added by subsection 7b74 7b7 ,in general ,the ,small ,business ,act is amended by inserting after section #ej1 as added by section #ajjbjb of this title1 the following3 #ea4 ,growth accelerator competition 7a7 ,definitions ,in this section3 7#a7 ,award ,the term award means a grant1 prize1 contract1 cooperative agreement1 or other cash or cash equivalent4 7#b7 ,disability ,the term disability has the meaning given the term in section #c of the ,americans with ,disabilities ,act of #aiij4 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 an eligible applicant1 as defined in section #di2 or 7,b7 an organization that is a growth accelerator located in the ,united ,states4 7#d7 ,growth accelerator ,the term growth accelerator means an organization that-- 7,a7 supports new small business concerns that have a focus on technology1 research1 and development2 7,b7 works with a new small business concern for a predetermined amount of time2 7,c7 provides mentorship and instruction to small business concerns to grow the business concern2 or 7,d7 offers startup capital or the opportunity to raise capital from outside investors to small business concerns4 7#e7 ,new small business concern ,the term new small business concern means a small business concern that has been in operation for not more than #e years4 7b7 ,establishment ,the ,administrator shall make competitive awards of not less than #ajj1jjj to eligible entities to accelerate the growth of new small business concerns by providing-- 7#a7 assistance to small business concerns to access capital and find mentors and networking opportunities2 and 7#b7 advice to small business concerns1 including advising on market analysis1 company strategy1 revenue growth1 commercialization1 and securing funding4 7c7 ,use of funds ,an award under this section-- 7#a7 may be used by an eligible entity recipient for construction costs1 acquisition of physical workspace and facilities1 and programmatic purposes to benefit new small business concerns2 and 7#b7 may not be used by an eligible entity recipient to provide capital to new small business concerns directly or through the subaward of funds4 7d7 ,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 consequences1 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 award4 4 ,d ,increasing ,equity ,opportunities #ajjdja4 ,increasing equity investment in the ,,sbic program 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for carrying out this section4 7b7 ,establishment ,the ,small ,business ,investment ,act of #aieh1 is amended-- 7#a7 in section #ajc 7#ae ,u4,s4,c4 #ffb7-- 7,a7 in paragraph 7#i77;,b77iii7-- 7i7 in subclause 7,,ii71 by striking and at the end2 7ii7 in subclause 7,,iii71 by adding and at the end2 and 7iii7 by adding at the end the following3 7,,iv7 funds obtained from any financial institution identified under section #cjb7;b72 2 and 7,b7 in paragraph 7#ac77;,c71 by striking in an aggregate amount that does not exceed #cc percent of the private capital of the applicant or licensee2 and 7#b7 in section #cjd 7#ae ,u4,s4,c4 #fhd71 by adding at the end the following3 7e7 ,notwithstanding section #caj7;c77#f71 a licensee under section #cba may1 subject to rules to be issued by the ,administration1 invest equity capital in investment funds that-- 7#a7 are majority controlled by members of an underrepresented community1 as defined in section #di of the ,small ,business ,act2 7#b7 receive annual assistance provided by such licensee2 or 7#c7 meet additional criteria as determined by the ,administration4 2 and 7#c7 by adding at the end of the following3 #cba4 ,emerging managers program 7a7 ,definitions ,in this section3 7#a7 ,covered investments ,the term covered investments means investments in-- 7,a7 infrastructure1 including-- 7i7 roads1 bridges1 and mass transit2 7ii7 water supply and sewer2 7iii7 the electrical grid2 7iv7 broadband and telecommunications2 7v7 clean energy2 or 7vi7 child care and elder care2 7,b7 manufacturing2 7,c7 low-income communities1 as that term is defined in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf2 7,d7 ,h,u,b,zones1 as defined in section #ca7;b7 of the ,small ,business ,act2 7,e7 small business concerns owned and controlled by a member of an ,indian tribe individually identified 7including parenthetically7 in the most recent list published pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid2 7,f7 small business concerns owned and controlled by an individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij2 7,g7 small business concerns owned and controlled by a veteran2 or 7,h7 industries identified by the ,administrator4 7#b7 ,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 #b of the following criteria3 7,a7 ,the partners of the firm have-- 7i7 an investment track record of less than #aj years of combined investment experience2 or 7ii7 a documented record of successful business experience4 7,b7 ,the firm has a focus on underserved markets4 7,c7 ,the firm is not less than #ej percent owned1 managed1 or controlled by members of an underrepresented community 7as defined in section #di of the ,small ,business ,act74 7b7 ,establishment ,the ,administrator shall establish an emerging managers program pursuant to which managers with substantial experience in operating small business investment companies-- 7#a7 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 company2 and 7#b7 may hold a minority financial interest in the small business investment company described in paragraph 7#a74 7c7 ,licensing ,an applicant described in subsection 7b77#a7 shall apply for a license under section #cja7;c7 and shall-- 7#a7 have private capital not to exceed #ajj1jjj1jjj2 7#b7 be managed by not less than two individuals2 7#c7 be a second generation fund or earlier2 and 7#d7 focus its investment strategy on covered investments4 7d7 ,waiver of maximum leverage ,the approval of a written agreement under subsection 7b7 by the ,administrator shall operate as a waiver of the requirements of section #cjc7;b77#b77;,b7 to the extent that such section would otherwise apply4 7e7 ,increased leverage maximum ,an existing small business investment company that enters into a written agreement under subsection 7b7 may receive an increase in the maximum leverage cap of the company under section #cjc7;b77#b7-- 7#a7 under subparagraph 7,a7 of such section1 with respect to a single license1 by not more than #ag1ejj1jjj2 and 7#b7 under subparagraph 7,b7 of such section1 with respect to multiple licenses under common control1 by not more than #ce1jjj1jjj4 4 #ajjdjb4 ,microcap small business investment company license 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,administration for fiscal year #bjbb1 out of amounts in the ,treasury not otherwise appropriated1 #dj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out paragraph 7#e7 of section #cja7;c7 of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fha7;c771 as added by subsection 7b74 7b7 ,microcap small business investment company license ,section #cja7;c7 of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fha7;c77 is amended by adding at the end the following3 7#e7 ,microcap small business investment company license 7,a7 ,in general ,the ,administrator may issue licenses under this subsection to applicants-- 7i7 that do not satisfy the qualification requirements under paragraph 7#c77;,a77ii7 to the extent that such requirements relate to investment experience and track record1 including any such requirements further set forth in section #ajg4cje of title #ac1 ,code of ,federal ,regulations1 or any successor regulation2 7ii7 that would otherwise be issued a license under this subsection1 except that the management of the applicant does not satisfy the requirements under paragraph 7#c77;,a77ii7 to the extent that such requirements relate to investment experience and track record1 including any such requirements further set forth in section #ajg4cje of title #ac1 ,code of ,federal ,regulations1 or any successor regulation2 7iii7 for which the managers of such applicant have-- 7,i7 a documented record of successful business experience2 7,,ii7 a record of business management success2 or 7,,iii7 knowledge in the particular industry or business for which the applicant is pursuing an investment strategy2 and 7iv7 that have demonstrated appropriate qualifications for the license1 based on factors determined by the ,administrator4 7,b7 ,required investments ,a licensee under this paragraph shall invest not less than #ej percent of the total financings of the licensee in covered investments 7as defined in section #cba71 of which not more than #cc percent of those investments are in small business concerns in infrastructure or manufacturing4 7,c7 ,leverage ,a company licensed pursuant to this paragraph shall-- 7i7 not be eligible to receive leverage in an amount that is more than #ej1jjj1jjj2 and 7ii7 be able to access leverage in an amount that is not more than #bjj percent of the private capital of the company4 7,d7 ,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 paragraph1 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 #cjc7;b77#b77;,b74 7,e7 ,fees ,in addition to the fees authorized under sections #cja7;e7 and #caj7;b71 the ,administration may prescribe fees to be paid by each company designated to operate under this paragraph4 4 #ajjdjc4 ,funding for ,,sbic outreach and education 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1ejj1jjj1 to remain available until ,september #cj1 #bjca1 for carrying out this section4 7b7 ,outreach and education ,the ,administrator shall develop and implement a program to promote to1 conduct outreach to1 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 #aieh4 ,e ,increasing ,access to ,lending and ,investment ,capital #ajjeja4 ,funding for ,community ,advantage ,loan ,program 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #bbd1hjj1jjj for carrying out paragraph 7#ch7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as added by subsection 7b72 7#b7 #d1jjj1jjj 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 7#ch72 and 7#c7 #dg1ajj1jjj for administrative expenses related to carrying out such paragraph 7#ch71 including issuing interim final rules4 7b7 ,establishment ,section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 is amended by adding at the end the following3 7#ch7 ,community ,advantage ,loan ,program 7,a7 ,definitions ,in this paragraph-- 7i7 the term covered institution means-- 7,i7 a development company1 as defined in section #ajc of the ,small ,business ,investment ,act of #aieh1 participating in the loan program established under title ,v of such ,act2 7,,ii7 a non-,federally regulated entity certified as a community development financial institution under the ,community ,development ,banking and ,financial ,institutions ,act of #aiid2 7,,iii7 an intermediary1 as defined in subsection 7m77#aa71 that is a nonprofit organization and is participating in the microloan program under subsection 7m72 and 7,,iv7 an eligible intermediary1 as defined in subsection 7l77#a71 participating in the small business intermediary lending pilot program established under subsection 7l77#b72 7ii7 the term new business means a small business concern that has been in business for not more than #b years on the date on which a loan is made to the small business concern under the program2 7iii7 the term program means the ,community ,advantage ,loan ,program established under subparagraph 7,b72 7iv7 the term small business concern in an underserved market means a small business concern-- 7,i7 that is located in-- 7aa7 a low- to moderate-income community2 7bb7 a ,h,u,b,zone1 as that term is defined in section #ca7;b72 7cc7 a rural area2 or 7dd7 any area for which a disaster declaration or determination described in subparagraph 7,b71 7,c71 or 7,e7 of subsection 7b77#b7 has been made that has not terminated more than #b years 7or later1 as determined by the ,administrator7 before the date on which a loan is made to such concern under such subsection1 or in any area for which a major disaster described in subsection 7b77#b77;,a7 has been declared1 that period shall be #e years2 7,,ii7 that is a new business2 7,,iii7 owned and controlled by veterans2 7,,iv7 owned and controlled by an individual who has completed a term of imprisonment2 7,v7 owned and controlled by an individual with a disability1 as that term is defined in section #c of the ,americans with ,disabilities ,act of #aiij2 7,,vi7 owned and controlled by a member of an ,indian tribe individually identified 7including parenthetically7 in the most recent list published pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid2 or 7,,vii7 otherwise identified by the ,administrator4 7,b7 ,establishment ,there is established a ,community ,advantage ,loan ,program under which the ,administration may guarantee loans made by covered institutions under this subsection1 with an emphasis on loans made to small business concerns in an underserved market4 7,c7 ,requirement to make loans to underserved markets ,not less than #fj percent of loans made by a covered institution under the program shall consist of loans made to small business concerns in an underserved market4 7,d7 ,maximum loan amount 7i7 ,in general ,except as provided in clause 7ii71 the maximum loan amount for a loan guaranteed under the program is #bej1jjj4 7ii7 ,exceptions 7,i7 ,requested exception 7aa7 ,in general ,upon request by a covered institution1 the ,administrator may guarantee a loan under the program that is more than #bej1jjj and not more than #cej1jjj4 7bb7 ,notification ,as soon as practicable and not later than #ad business days after receiving a request under item 7aa71 the ,administration shall-- 7,,aa7 review the request2 and 7,,bb7 provide a decision regarding the request to the covered institution making the loan4 7,,ii7 ,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 7b77#b77;,a7 is #cej1jjj4 7,e7 ,interest rates ,the maximum interest rate for a loan guaranteed under the program shall not exceed the maximum interest rate1 as determined by the ,administration1 applicable to other loans guaranteed under this subsection4 4 #ajjejb4 ,funding for credit enhancement and small dollar loan funding 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjca-- 7#a7 #a1dhj1fjj1jjj to carry out paragraph 7#ci7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as added by subsection 7b72 and 7#b7 #dhd1jjj1jjj for administrative expenses related to carrying out such paragraph 7#ci71 including issuing interim final rules within #ij days after the date of the enactment of this title1 of which #be1jjj1jjj is reserved for grants to conduct outreach to entities eligible to receive a loan under such paragraph 7#ci74 7b7 ,small dollar loan funding ,section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as amended by section #ajjeja1 is further amended-- 7#a7 in paragraph 7#a77;,a77i71 in the third sentence1 by striking 2 and and all that follows through the period at the end and inserting a period2 7#b7 in paragraph 7#d77;,a71 by striking the comma after prescribed by the ,administration and all that follows through the period at the end and inserting a period2 7#c7 in paragraph 7#bf71 by inserting 7except for those collected under paragraph 7#ci77 after profits2 and 7#d7 by adding at the end the following3 7#ci7 ,small dollar loan funding 7,a7 ,definitions ,in this paragraph3 7i7 ,small government contractor ,the term small government contractor means a small business concern that is performing a government contract4 7ii7 ,small manufacturer ,the term small manufacturer means a small business concern that is assigned a ,north ,american ,industry ,classification ,system code beginning with #ca1 #cb1 or #cc at the time at which the small business concern receives loan under this subsection4 7,b7 ,direct loans ,the ,administrator is authorized to originate and disburse direct loans1 including through partnerships with third parties1 to small business concerns4 7,c7 ,maximum loan size ,notwithstanding paragraph 7#c77;,c7 of this subsection1 a loan made in accordance with this paragraph shall be-- 7i7 except as provided in clause 7ii71 not more than #aej1jjj2 or 7ii7 not more than #a1jjj1jjj1 if the borrower is a small manufacturer or a small government contractor4 7,d7 ,fees ,with respect to each loan made in accordance with this paragraph1 the ,administrator1 an authorized third party1 or an agent may-- 7i7 impose1 collect1 retain1 and utilize fees1 which may be charged to the borrower1 to cover any costs associated with referring applications or originating1 making1 underwriting1 disbursing1 closing1 servicing1 or liquidating the loan1 including any direct lending agent costs1 other program or contract costs1 or other agent administrative expenses2 7ii7 impose1 collect1 retain1 and use fees 7including unused fees and draw fees71 which may be charged to the borrower on loans for revolving lines of credit2 and 7iii7 pay third parties1 including direct lending agents and financial institutions1 with which the ,administration partners for assistance in referring applicants or promoting1 originating1 making1 underwriting1 disbursing1 closing1 servicing1 or liquidating loans in accordance with this paragraph on behalf of the ,administration4 7,e7 ,terms ,not later than #ij days after the date of the enactment of this paragraph1 the ,administrator shall issue interim final rules and revise any relevant rules to establish the terms and conditions for a direct loan1 including repayment1 underwriting criteria1 interest rate1 maturity1 and other terms of a loan made in accordance with this paragraph4 4 #ajjejc4 ,extension of temporary fee reductions 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #iej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for carrying out this section and any amendments made by this section4 7b7 #g7;a7 loan program ,section #cbf of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7title ,,iii of division ,n of ,public ,law #aaf-bfj2 #acd ,stat4 #bjcf2 #ae ,u4,s4,c4 #fcf note7 is amended-- 7#a7 in subsection 7a77#b71 by striking ,october #a1 #bjba and inserting ,october #a1 #bjbf2 and 7#b7 in subsection 7b77#b71 by striking ,october #a1 #bjba and inserting ,october #a1 #bjbf4 7c7 ,other fees ,section #cbg of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7title ,,iii of division ,n of ,public ,law #aaf-bfj2 #acd ,stat4 #bjcg2 #ae ,u4,s4,c4 #fcf note7 is amended-- 7#a7 in subsection 7a77#a71 by striking ,september #cj1 #bjba and inserting ,september #cj1 #bjbf2 and 7#b7 in subsection 7b77#a71 by striking ,september #cj1 #bjba and inserting ,september #cj1 #bjbf4 #ajjejd4 ,funding for cooperatives 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for carrying out paragraph 7#dj7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as added by subsection 7b74 7b7 ,cooperative lending pilot ,section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as amended by section #ajjejb1 is further amended by adding at the end the following3 7#dj7 ,cooperative lending pilot 7,a7 ,definitions ,in this paragraph3 7i7 ,community financial institution ,the term community financial institution has the meaning given in paragraph 7#cf77;,a74 7ii7 ,cooperative ,the term cooperative-- 7,i7 means an entity determined by the ,administrator to be a cooperative2 and 7,,ii7 includes an entity owned by employees or consumers of the entity4 7iii7 ,eligible employee-owned business concern ,the term eligible employee-owned business concern means-- 7,i7 a cooperative in which the employees of the cooperative are eligible for membership2 7,,ii7 a qualified employee trust2 or 7,,iii7 other employee-owned entities as determined by the ,administrator4 7iv7 ,pilot program ,the term pilot program means the pilot program established under subparagraph 7,b74 7,b7 ,establishment ,there is established a pilot program under which the ,administrator shall guarantee loans 7including loans made by community financial institutions71 without the requirement of a personal or entity guarantee1 where such loans shall be made to cooperatives or eligible employee-owned business concerns4 7,c7 ,termination ,the pilot program shall terminate on the date that is #e years after the date of enactment of this paragraph4 4 7c7 ,delegated lending authority for preferred lenders ,section #e7;b77#g7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcd7;b77#g77 is amended by striking paragraph 7#ae7 or 7#ce7 and inserting paragraph 7#ae71 7#ce71 or 7#dj74 ,f ,supporting ,entrepreneurial ,second ,chances #ajjfja4 ,reentry entrepreneurship counseling and training for incarcerated and formerly incarcerated individuals 7a7 ,reentry entrepreneurship counseling and training for incarcerated individuals 7#a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration1 out of money in the ,treasury not otherwise appropriated for fiscal year #bjbb1 #ce1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to carry out section #eb of the ,small ,business ,act1 as added by paragraph 7#b74 7#b7 ,in general ,the ,small ,business ,act is amended by inserting after section #ea1 as added by section #ajjcja of this title1 the following3 #eb4 ,reentry entrepreneurship counseling and training for incarcerated individuals 7a7 ,definitions ,in this section3 7#a7 ,covered individual ,the term covered individual means an individual who is completing a term of imprisonment in a facility designated as a minimum1 low1 or medium security4 7#b7 ,resource partners ,the term resource partners means a small business development center 7defined in section #c7 or a women's business center 7described under section #bi74 7b7 ,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 7c74 7c7 ,use of funds ,amounts made available under this section shall be used to-- 7#a7 develop and deliver a curriculum1 including classroom instruction and in-depth training to develop skills related to business planning and financial literacy2 7#b7 train mentors and instructors2 7#c7 establish public-private partnerships to support covered individuals2 and 7#d7 identify opportunities to access capital4 4 7b7 ,reentry entrepreneurship counseling and training for formerly incarcerated individuals 7#a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration1 out of any money in the ,treasury not otherwise appropriated for fiscal year #bjbb1 #ce1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to carry out section #ec of the ,small ,business ,act1 as added by paragraph 7#b74 7#b7 ,in general ,the ,small ,business ,act is amended by inserting after section #eb1 as added by subsection 7a71 the following3 #ec4 ,reentry entrepreneurship counseling and training for formerly incarcerated individuals 7a7 ,covered individual defined ,in this section1 the term covered individual means an individual who completed a term of imprisonment4 7b7 ,establishment ,the ,administrator shall establish a program under which the ,service ,corps of ,retired ,executives authorized by section #h7;b77#a77;,b7 shall provide entrepreneurship counseling and training services to covered individuals on a nationwide basis4 7c7 ,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 services3 7#a7 ,regular individualized mentoring sessions to identify and support development of the business plans of covered individuals4 7#b7 ,workshops on topics specifically tailored to meet the needs of covered individuals4 7#c7 ,instructional videos designed specifically for covered individuals on how to start or expand a small business concern4 4 #ajjfjb4 ,new start entrepreneurial development program for formerly incarcerated individuals 7a7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,small ,business ,administration1 out of any money in the ,treasury not otherwise appropriated for fiscal year #bjbb1 #ce1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for carrying out this section4 7b7 ,definitions ,in this section-- 7#a7 ,covered individual ,the term covered individual means an individual who-- 7,a7 completed a term of imprisonment2 and 7,b7 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 #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m774 7#b7 ,intermediary2 microloan ,the terms intermediary and microloan have the meanings given those terms1 respectively1 in section #g7m77#aa7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77#aa774 7#c7 ,participating lender ,the term participating lender means a participating lender described under section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a774 7#d7 ,pilot program ,the term pilot program means the pilot program established under subsection 7b74 7#e7 ,resource partner ,the term resource partner means-- 7,a7 a small business development center 7defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb772 7,b7 a women's business center 7described under section #bi of such ,act 7#ae ,u4,s4,c4 #fef772 7,c7 a chapter of the ,service ,corps of ,retired ,executives 7established under section #h7;b77#a77;,b7 of such ,act 77#ae ,u4,s4,c4 #fcg7;b77#a77;,b7772 and 7,d7 a ,veteran ,business ,outreach ,center 7described under section #cb of such ,act 7#ae ,u4,s4,c4 #feg;b774 7c7 ,establishment ,the ,administrator shall establish a pilot program to award grants to organizations1 or partnerships of organizations1 to provide assistance to covered individuals throughout the ,united ,states4 7d7 ,application 7#a7 ,in general ,an organization or partnership of organizations desiring a grant under the pilot program shall submit an application to the ,administrator in such form1 in such manner1 and containing such information as the ,administrator may reasonably require4 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall-- 7,a7 demonstrate that the applicant has a partnership with1 or is1 an intermediary that shall make microloans to covered individuals2 7,b7 demonstrate an ability to provide a full range of entrepreneurial development programming on an ongoing basis2 7,c7 include a plan for reaching covered individuals1 including by identifying particular target populations within the community in which a covered individual lives2 7,d7 include a plan to refer covered individuals who have completed participation in the pilot program to existing resource partners and participating lenders2 7,e7 include a comprehensive plan for the use of grant funds1 including estimates for administrative expenses and outreach costs2 and 7,f7 any other requirements1 as determined by the ,administrator4 7e7 ,matching requirement 7#a7 ,in general ,as a condition of a grant provided under the pilot program1 the ,administrator shall require the recipient of the grant to contribute an amount equal to #be percent of the amount of the grant1 obtained solely from non-,federal sources4 7#b7 ,form ,in addition to cash or other direct funding1 the contribution required under paragraph 7#a7 may include indirect costs or in-kind contributions paid for under non-,federal programs4 ,g ,other ,matters #ajjgja4 ,administrative expenses 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #abe1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 for administrative expenses related to carrying out this title 7or any amendments made by this title71 except as otherwise provided in this title4 7b7 ,rulemaking ,using amounts made available under subsection 7a71 not later than #cj days after the date of the enactment of this ,act1 the ,administrator may issue rules1 including interim final rules1 as necessary to carry out this title and the amendments made by this title4 #ajjgjb4 ,office of ,inspector ,general of the ,small ,business ,administration ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,inspector ,general of the ,small ,business ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ab1ejj1jjj1 to remain available until ,september #cj1 #bjcj1 for audits1 investigations1 and other oversight of projects and activities carried out with funds made available by this title to the ,small ,business ,administration4 ,,xi ,committee on ,transportation and ,infrastructure #aajjja4 ,affordable housing access program 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #i1gej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,secretary of ,housing and ,urban ,development and the ,administrator of the ,federal ,transit ,administration to make competitive grants under sections #ecjg1 #ecaa1 and #ecci7;c7 of title #di1 ,united ,states ,code1 to support-- 7#a7 access to affordable housing2 7#b7 enhanced mobility for residents and riders1 including those in disadvantaged communities and neighborhoods1 persistent poverty communities1 or for low-income riders generally2 and 7#c7 other community benefits for residents of disadvantaged communities or neighborhoods1 persistent poverty communities1 or for low-income riders generally identified by the ,secretary and the ,administrator related to enhanced transit service1 including-- 7,a7 access to job and educational opportunities2 7,b7 better connections to medical care2 and 7,c7 enhanced access to grocery stores with fresh foods to help eliminate food deserts4 7b7 ,administration of funds ,funds made available under this section-- 7#a7 shall not be subject to any prior restriction on the total amount of funds available for implementation or execution of programs authorized under sections #ecjg1 #ecaa1 #ecab1 #ecad1 or #ecci7;c7 of title #di1 ,united ,states ,code2 7#b7 notwithstanding requirements related to ,government share under such sections1 shall be available for up to #ajj percent of the net cost of a project2 7#c7 notwithstanding section #ecjg7;a77#a7 of such title1 may be used for operating costs of equipment and facilities in an urbanized area with a population equal to or greater than #bjj1jjj individuals2 and 7#d7 shall be expended in compliance with the ,u4,s4 ,department of ,transportation's ,disadvantaged ,business ,enterprise ,program4 7c7 ,eligible activities ,eligible activities for funds made available under subsection 7a7 shall be-- 7#a7 construction of a new fixed guideway capital project2 7#b7 construction of a bus rapid transit project or a corridor-based bus rapid transit project that utilizes zero-emission vehicles1 or a collection of such projects2 7#c7 the establishment or expansion of high-frequency bus service that utilizes zero-emission buses2 7#d7 the acquisition of zero-emission vehicles or related infrastructure under section #ecci7;c7 of title #di1 ,united ,states ,code1 to expand service in urban areas and the acquisition of vehicles under section #ecaa of such title to expand service in non-urban areas2 7#e7 an expansion of the service area or the frequency of service of recipients or subrecipients under sections #ecjg or #ecaa of such title1 including the provision of fare-free or reduced-fare service2 7#f7 renovation or construction of facilities and incidental expenses related to transit service in disadvantaged communities or neighborhoods or service that benefits low-income riders generally2 7#g7 additional assistance to project sponsors of new fixed guideway capital projects1 core capacity improvement projects1 or corridor-based bus rapid transit projects not yet open to revenue service1 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 ,administration1 if-- 7,a7 the applicant demonstrates that the availability of funding under this section provides additional support for transit services consistent with the requirements in subsection 7a72 and 7,b7 assistance under this paragraph does not increase by more than #aj percentage points-- 7i7 the ,government share of contributions toward net project cost2 or 7ii7 the ,government share of assistance from a program carried out by the ,administrator of the ,federal ,transit ,administration2 7#h7 fleet transition1 route1 or other public transportation planning1 including planning related to economic development2 and 7#i7 projects to upgrade the accessibility of bus or rail public transportation services for persons with disabilities1 including individuals who use wheelchairs4 7d7 ,research1 technical assistance1 and training ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for grants under sections #ecab or #ecad of title #di1 ,united ,states ,code1 7excluding grants related to any activities or agreements with international entities or foreign nationals7 for-- 7#a7 activities under section #ecab of such title that support efforts to reduce barriers to the deployment of zero-emission transit vehicles in disadvantaged communities or neighborhoods and rural areas1 including barriers related to the cost of such vehicles2 and 7#b7 activities under section #ecad of such title for training and development activities to support the provision of service to disadvantaged communities or neighborhoods and rural areas4 7e7 ,administrative expenses ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 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 section4 7f7 ,period of availability ,any funds provided from the general fund of the ,treasury to carry out grants under section #ecci7;c7 of title #di1 ,united ,states ,code1 for fiscal years #bjbe and #bjbf shall remain available until ,september #cj1 #bjbh4 #aajjjb4 ,community climate incentive grant program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #agg4 ,community climate incentive grant program 7a7 ,establishment ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration-- 7#a7 to establish a greenhouse gas performance measure that requires ,states to set performance targets to reduce greenhouse gas emissions2 7#b7 to establish an incentive structure to reward ,states that demonstrate the most significant progress toward achieving reductions in greenhouse gas emissions2 7#c7 to establish consequences for ,states that do not achieve reductions in greenhouse gas emissions2 7#d7 to issue guidance and regulations and provide technical assistance as necessary to implement this section2 and 7#e7 for operations and administration of the ,federal ,highway ,administration in carrying out this section4 7b7 ,incentive grants to states ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #iej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration for incentive grants for carbon reduction projects1 to be awarded to ,states that-- 7#a7 qualify for a reward under the incentive structure established by the ,administrator of the ,federal ,highway ,administration under subsection 7a77#b72 or 7#b7 have incorporated carbon reduction strategies that contribute to achieving net zero greenhouse gas emissions by #bjej into the transportation plans required under section #ace4 7c7 ,community climate grants to other eligible entities 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration to award grants1 on a competitive basis1 for carbon reduction projects to eligible entities that are not ,states4 7#b7 ,federal share ,the ,federal share of the cost of a project carried out with a grant under this subsection may be up to #ajj percent4 7d7 ,use of funds 7#a7 ,in general ,a project carried out under subsection 7b7 or 7c7 shall be treated as a project on a ,federal-aid highway4 7#b7 ,compliance with existing requirements ,funds made available for a grant under subsection 7b71 and funds made available for a grant under subsection 7c7 that are administered by or through a ,state department of transportation1 shall be expended in compliance with the ,u4,s4 ,department of ,transportation's ,disadvantaged ,business ,enterprise ,program4 7e7 ,limitation ,funds made available under this section shall not-- 7#a7 be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for ,federal-aid highways2 or 7#b7 be used for projects that result in additional through travel lanes for single occupant passenger vehicles4 7f7 ,definitions ,in this section3 7#a7 ,carbon reduction project ,the term carbon reduction project means a project-- 7,a7 that is eligible under this title2 and 7,b7 that-- 7i7 will result in significant reductions in greenhouse gas emissions related to a surface transportation facility or project2 7ii7 provides zero-emission transportation options2 7iii7 reduces dependence on single-occupant vehicle trips2 or 7iv7 advances carbon reduction strategies adopted by an eligible entity that contribute to achieving net-zero greenhouse gas emissions by #bjej4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a unit of local government2 7,b7 a political subdivision of a ,state2 7,c7 a territory2 7,d7 a metropolitan planning organization 7as defined in section #acd7;b77#b772 7,e7 a special purpose district or public authority with a transportation function2 7,f7 an entity described in section #bjg7m77#a77;,e72 or 7,g7 a ,state4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #agg4 ,community climate incentive grant program4 4 #aajjjc4 ,neighborhood access and equity grant program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following3 #agh4 ,neighborhood access and equity grant program 7a7 ,in ,general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1cgj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration for competitive grants to eligible entities described in subsection 7b7-- 7#a7 to improve walkability1 safety1 and affordable transportation access through construction of projects that are context-sensitive-- 7,a7 to remove1 remediate1 or reuse a facility described in subsection 7c77#a72 7,b7 to replace a facility described in subsection 7c77#a7 with a facility that is at-grade or lower speed2 7,c7 to retrofit or cap a facility described in subsection 7c77#a72 7,d7 to build or improve complete streets1 multiuse trails1 regional greenways1 or active transportation networks and spines2 or 7,e7 to provide affordable access to essential destinations1 public spaces1 or transportation links and hubs2 7#b7 to mitigate or remediate negative impacts on the human or natural environment resulting from a facility described in subsection 7c77#b7 in a disadvantaged or underserved community1 including construction of-- 7,a7 noise barriers to reduce impacts resulting from a facility described in subsection 7c77#b72 7,b7 technologies1 infrastructure1 and activities to reduce surface transportation-related air pollution1 including greenhouse gas emissions2 7,c7 infrastructure or protective features to reduce or manage stormwater run-off resulting from a facility described in subsection 7c77#b71 including through natural infrastructure and pervious1 permeable1 or porous pavement2 7,d7 infrastructure and natural features to reduce or mitigate urban heat island hot spots in the transportation right-of-way or on surface transportation facilities2 or 7,e7 safety improvements for vulnerable road users2 and 7#c7 for planning and capacity building activities in disadvantaged or underserved communities to-- 7,a7 identify1 monitor1 or assess local and ambient air quality1 emissions of transportation greenhouse gases1 hot spot areas of extreme heat or elevated air pollution1 gaps in tree canopy coverage1 or flood prone transportation infrastructure2 7,b7 assess transportation equity or pollution impacts and develop local anti-displacement policies and community benefit agreements2 7,c7 conduct predevelopment activities for projects eligible under this subsection2 7,d7 expand public participation in transportation planning by individuals and organizations in disadvantaged or underserved communities2 or 7,e7 administer or obtain technical assistance related to activities described in this subsection4 7b7 ,eligible entities described ,an eligible entity referred to in subsection 7a7 is-- 7#a7 a ,state2 7#b7 a unit of local government2 7#c7 a political subdivision of a ,state2 7#d7 an entity described in section #bjg7m77#a77;,e72 7#e7 a territory of the ,united ,states2 7#f7 a special purpose district or public authority with a transportation function2 7#g7 a metropolitan planning organization 7as defined in section #acd7;b77#b772 or 7#h7 with respect to a grant described in subsection 7a77#c71 in addition to an eligible entity described in paragraphs 7#a7 through 7#g71 a nonprofit organization or institution of higher education that has entered into a partnership with an eligible entity described in paragraphs 7#a7 through 7#g74 7c7 ,facility described ,a facility referred to in subsection 7a7 is-- 7#a7 a surface transportation facility for which high speeds1 grade separation1 or other design factors create an obstacle to connectivity within a community2 or 7#b7 a surface transportation facility which is a source of air pollution1 noise1 stormwater1 or other burden to a disadvantaged or underserved community4 7d7 ,investment in economically disadvantaged communities 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1ehj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration to provide grants for projects in communities described in paragraph 7#b7 for the same purposes and administered in the same manner as described in subsection 7a74 7#b7 ,communities described ,a community referred to in paragraph 7#a7 is a community that-- 7,a7 is economically disadvantaged1 including an underserved community or a community located in an area of persistent poverty2 7,b7 has entered or will enter into a community benefits agreement with representatives of the community2 7,c7 has an anti-displacement policy1 a community land trust1 or a community advisory board in effect2 or 7,d7 has demonstrated a plan for employing local residents in the area impacted by the activity or project proposed under this section4 7e7 ,administration 7#a7 ,in general ,a project carried out under subsection 7a7 or 7d7 shall be treated as a project on a ,federal-aid highway4 7#b7 ,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 ,u4,s4 ,department of ,transportation's ,disadvantaged ,business ,enterprise ,program4 7f7 ,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 #hj percent1 except that the ,federal share of the cost of a project in a disadvantaged or underserved community may be up to #ajj percent4 7g7 ,technical assistance ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration for-- 7#a7 guidance1 technical assistance1 templates1 training1 or tools to facilitate efficient and effective contracting1 design1 and project delivery by units of local government2 7#b7 subgrants to units of local government to build capacity of such units of local government to assume responsibilities to deliver surface transportation projects2 and 7#c7 operations and administration of the ,federal ,highway ,administration4 7h7 ,limitations ,amounts made available under this section shall not-- 7#a7 be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for ,federal-aid highways2 and 7#b7 be used for a project for additional through travel lanes for single-occupant passenger vehicles4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following3 #agh4 ,neighborhood access and equity grant program4 4 #aajjjd4 ,territorial highway program funding 7a7 ,in general ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cbj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,administrator of the ,federal ,highway ,administration for distribution under section #afe7;c7 of title #bc1 ,united ,states ,code4 7b7 ,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 highways4 #aajjje4 ,traffic safety clearinghouse 7a7 ,in general ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dg1ejj1jjj to remain available until ,september #cj1 #bjbf1 for the ,administrator of the ,national ,highway ,traffic ,safety ,administration to make #a or more grants1 cooperative agreements1 or contracts with #a or more qualified institutions to-- 7#a7 operate a national clearinghouse for fair and equitable traffic safety enforcement programs2 7#b7 conduct research relating to1 and develop1 systems for ,states to collect traffic safety enforcement data1 and provide technical assistance to ,states collecting such data1 including the sharing of data to a national database2 7#c7 develop recommendations and best practices to help ,states collect and use traffic safety enforcement data to promote equity and reduce traffic-related fatalities and injuries2 and 7#d7 develop information and educational programs relating to implementing equitable traffic safety enforcement best practices to assist ,states and local communities4 7b7 ,administration ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1ejj1jjj to remain available until ,september #cj1 #bjbf1 for the ,administrator of the ,national ,highway ,traffic ,safety ,administration for the salaries1 expenses1 and costs of administering this section4 7c7 ,definition of ,state ,in this section the term ,state has the meaning given the term in section #dja of title #bc1 ,united ,states ,code4 #aajjjf4 ,passenger rail improvement1 modernization1 and emissions reduction grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,secretary of ,transportation for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for financial assistance under sections #bfaja and #bfajf of title #di1 ,united ,states ,code1 to eligible entities for eligible projects4 7b7 ,definitions ,in this section3 7#a7 ,corridor ,the term corridor means an existing1 modified1 or proposed intercity passenger rail service 7as defined in section #bfajf7;b77#e7 of title #di1 ,united ,states ,code74 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 an entity that is eligible to receive financial assistance under section #bfaja of title #di1 ,united ,states ,code2 and 7,b7 an applicant that is eligible to receive a grant under section #bfajf of title #di1 ,united ,states ,code4 7#c7 ,eligible project ,the term eligible project means-- 7,a7 a planning project for high-speed rail corridor development that consists of planning activities eligible to receive financial assistance under section #bfaja7;b77#a7 of title #di1 ,united ,states ,code2 and 7,b7 a capital project for high-speed rail corridor development that-- 7i7 is eligible to receive a grant for a capital project 7as defined in section #bfajf7;b77#c7 of title #di1 ,united ,states ,code72 and 7ii7 directly serves rail stations within urban areas 7as published by the ,bureau of the ,census7 that are located in close proximity to a census tract 7as published by the ,bureau of the ,census7 within the urban area that has a greater density population than the urban area as a whole4 7#d7 ,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-- 7,a7 #afj miles per hour or faster on a shared use right-of-way2 or 7,b7 #ahf miles per hour or faster on a dedicated right-of-way4 7c7 ,allocation ,not less than #a1jjj1jjj1jjj of the amounts appropriated by subsection 7a7 shall be used for eligible projects described in subsection 7b77#c77;,a74 7d7 ,federal share ,for any financial assistance and grants provided pursuant to this section1 the ,federal share may not exceed #ij percent of the total cost of the eligible project4 7e7 ,oversight ,not more than #ajj1jjj1jjj of the amounts appropriated by subsection 7a7 may be used by the ,secretary of ,transportation for the costs of award and project management of financial assistance provided under this section4 #aajjjg4 ,alternative fuel and low-emission aviation technology program 7a7 ,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 produce1 transport1 blend1 or store sustainable aviation fuel1 or develop1 demonstrate1 or apply low-emission aviation technologies1 in addition to amounts otherwise available1 there are appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until ,september #cj1 #bjbf-- 7#a7 #bdg1jjj1jjj for projects relating to the production1 transportation1 blending1 or storage of sustainable aviation fuel2 7#b7 #dg1jjj1jjj for projects relating to low-emission aviation technologies2 and 7#c7 #f1jjj1jjj to fund the award of grants under this section1 and oversight of the program1 by the ,secretary4 7b7 ,considerations ,in carrying out subsection 7a71 the ,secretary shall consider1 with respect to a proposed project-- 7#a7 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 industry2 7#b7 the projected greenhouse gas emissions from such project1 including emissions resulting from the development of the project1 and the potential the project has to reduce or displace1 on a lifecycle basis1 ,united ,states greenhouse gas emissions associated with air travel2 7#c7 the capacity to create new jobs and develop supply chain partnerships in the ,united ,states2 7#d7 for projects related to the production of sustainable aviation fuel1 the projected lifecycle greenhouse gas emissions benefits from the proposed project1 which shall include feedstock and fuel production and potential direct and indirect greenhouse gas emissions 7including resulting from changes in land use72 and 7#e7 the benefits of ensuring a diversity of feedstocks for sustainable aviation fuel1 including the use of waste carbon oxides and direct air capture4 7c7 ,cost share ,the ,federal share of the cost of a project carried out using grant funds under subsection 7a7 shall be a maximum of #ij percent of the proposed total cost of the project1 and the ,secretary shall consider the extent to which a proposed project meets the considerations described in subsection 7b7 in determining the ,federal share under this subsection4 7d7 ,fuel emissions reduction test ,for purposes of clause 7ii7 of subsection 7e77#g77;,e71 the ,secretary shall1 not later than #b years after the date of enactment of this section1 adopt at least #a methodology for testing lifecycle greenhouse gas emissions that meets the requirements of such clause4 7e7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or local government1 including the ,district of ,columbia1 other than an airport sponsor2 7,b7 an air carrier2 7,c7 an airport sponsor2 7,d7 an accredited institution of higher education2 7,e7 a research institution2 7,f7 a person or entity engaged in the production1 transportation1 blending1 or storage of sustainable aviation fuel in the ,united ,states or feedstocks in the ,united ,states that could be used to produce sustainable aviation fuel2 7,g7 a person or entity engaged in the development1 demonstration1 or application of low-emission aviation technologies2 or 7,h7 nonprofit entities or nonprofit consortia with experience in sustainable aviation fuels1 low-emission aviation technologies1 or other clean transportation research programs4 7#b7 ,feedstock ,the term feedstock means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals4 7#c7 ,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 used4 7#d7 ,lifecycle greenhouse gas emissions ,the term lifecycle greenhouse gas emissions means the combined greenhouse gas emissions from feedstock production1 collection of feedstock1 transportation of feedstock to fuel production facilities1 conversion of feedstock to fuel1 transportation and distribution of fuel1 and fuel combustion in an aircraft engine1 as well as from induced land-use change values4 7#e7 ,low-emission aviation technologies ,the term low-emission aviation technologies means technologies1 produced in the ,united ,states1 that significantly-- 7,a7 improve aircraft fuel efficiency2 7,b7 increase utilization of sustainable aviation fuel2 or 7,c7 reduce greenhouse gas emissions produced during operation of civil aircraft4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#g7 ,sustainable aviation fuel ,the term sustainable aviation fuel means liquid fuel1 produced in the ,united ,states1 that-- 7,a7 consists of synthesized hydrocarbons2 7,b7 meets the requirements of-- 7i7 ,,astm ,international ,standard ,d#geff2 or 7ii7 the co-processing provisions of ,,astm ,international ,standard ,d#afee1 ,annex ,a#a 7or such successor standard72 7,c7 is derived from biomass 7in a similar manner as such term is defined in section #de,k7c77#c7 of the ,internal ,revenue ,code of #aihf71 waste streams1 renewable energy sources1 or gaseous carbon oxides2 7,d7 is not derived from palm fatty acid distillates2 and 7,e7 achieves at least a #ej percent lifecycle greenhouse gas emissions reduction in comparison with petroleum-based jet fuel1 as determined by a test that shows-- 7i7 the fuel production pathway achieves at least a #ej 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 ,states2 or 7ii7 the fuel production pathway achieves at least a #ej 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-- 7,i7 reflective of the latest scientific understanding of lifecycle greenhouse gas emissions2 and 7,,ii7 as stringent as the requirement under clause 7i74 #aajjjh4 ,assistance to update and enforce hazard resistant codes and standards 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ade1ejj1jjj1 to remain available until expended1 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 building1 for which the ,federal cost share shall be #ajj percent1 to ,state1 local1 ,indian ,tribal1 territorial1 or the ,district of ,columbia governments for establishing1 implementing1 and carrying out enforcement activities of the latest published editions of relevant performance-based and consensus-based codes1 specifications1 and standards1 including amendments made by ,state1 local1 ,indian ,tribal1 territorial1 or the ,district of ,columbia governments during the adoption process1 that incorporate-- 7#a7 the latest hazard-resistant designs2 and 7#b7 the latest requirements for the maintenance and inspection of existing buildings to address hazard risk4 7b7 ,administration ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise available1 #d1ejj1jjj to the ,administrator of the ,federal ,emergency ,management ,agency1 to remain available until expended1 for administrative expenses of carrying out this section4 #aajjji4 ,economic ,development ,administration 7a7 ,economic development assistance for regional economic growth clusters ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #c1cfj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to the ,secretary of ,commerce 7referred to in this section as the ,secretary7 for grants under section #bji 7except for assistance authorized by section #bji7;c77#a77 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadi7 to develop regional economic growth clusters1 including grants for technical assistance1 planning1 and predevelopment activities1 subject to the condition that sections #bjd and #cja of such ,act 7#db ,u4,s4,c4 #cadd and #cafa7 shall not apply to grants made with amounts made available under this subsection4 7b7 ,recompete grants for persistently distressed communities 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1bjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to the ,secretary of ,commerce for economic adjustment assistance as authorized by section #bji 7except for assistance authorized by section #bji7;c77#a77 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadi7 to provide grants to eligible recipients 7as defined in section #c of such ,act7 to alleviate economic distress and support long-term comprehensive economic development and job creation in persistently distressed local labor markets and local communities1 except that sections #bjd and #cja of such ,act 7#db ,u4,s4,c4 #cadd and #cafa7 shall be inapplicable to such grants4 7#b7 ,recompete plan ,as a condition of receipt of a grant described under paragraph 7#a71 an eligible recipient shall submit a comprehensive #aj-year economic development plan for approval by the ,secretary that includes-- 7,a7 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-term1 sustained economic growth1 quality job creation1 and local prime-age employment growth2 7,b7 projected costs1 annual expenditures1 and a proposed grant disbursement schedule2 and 7,c7 other local economic information and periodic benchmarking criteria as the ,secretary determines appropriate4 7#c7 ,maximum award amount ,in determining the maximum amount of a grant that may be awarded under paragraph 7#a7 for the purposes of implementing and carrying out the programs and activities identified in an approved recompete plan described in paragraph 7#b71 the ,secretary shall use the product obtained by multiplying-- 7,a7 the difference in the prime-age employment rate between the ,united ,states and the local labor market or local community2 7,b7 the prime-age population of the local labor market or local community2 and 7,c7 either-- 7i7 #gj1ehe for local labor markets with a prime-age employment rate not less than #b4e percent below the ,united ,states2 or 7ii7 #ec1fjj for local communities with a prime-age employment rate not less than #e percent below the ,united ,states4 7#d7 ,definitions ,in this subsection3 7,a7 ,local labor market ,the term local labor market means any of the following areas that contains #a or more recipients eligible under paragraph 7#a73 7i7 ,a metropolitan statistical area or micropolitan statistical area1 excluding any area described in clause 7iii74 7ii7 ,a commuting zone1 excluding any areas described in clauses 7i7 and 7iii74 7iii7 ,tribal land subject to the jurisdiction of an ,indian ,tribe4 7,b7 ,local community ,the term local community means the area served by a unit of general local government that is located within1 but does not cover the entire area of1 a local labor market that does not meet the criteria described in paragraph 7#c77;,c77i74 7c7 ,economic adjustment assistance for energy and industrial transition communities ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bdj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to the ,secretary of ,commerce for economic adjustment assistance as authorized by section #bji 7except for assistance authorized by section #bji7;c77#a77 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadi7 to provide assistance1 including grants for technical assistance1 planning1 and predevelopment activities1 to energy and industrial transition communities1 including oil1 gas1 coal1 nuclear1 and biomass transition communities1 and manufacturing transition communities4 7d7 ,economic adjustment assistance for technical assistance1 project predevelopment1 and capacity building ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bdj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 to the ,secretary of ,commerce for economic adjustment assistance as authorized by section #bji 7except for assistance authorized by section #bji7;c77#a77 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadi7 to provide grants for technical assistance1 project predevelopment1 and capacity building activities1 including activities relating to the writing of grant applications 7consistent with section #bac of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #caec77 and stipends to local community organizations for planning participation1 community outreach and engagement activities1 subject to the conditions that-- 7#a7 sections #bjd and #cja of such ,act shall not apply to grants made with amounts made available under this subsection2 and 7#b7 not less than #ej percent of the amounts made available under this subsection shall be for activities that are carried out in underserved communities4 7e7 ,administration ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #baj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the administrative expenses of carrying out this section4 #aajjaj4 ,assistance for ,federal buildings ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to be deposited in the ,federal ,buildings ,fund established under section #eib of title #dj1 ,united ,states ,code1 for measures necessary to convert facilities of the ,administrator of ,general ,services to high-performance green buildings 7as defined in section #dja of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjfa774 #aajjaa4 ,climate resilient ,coast ,guard infrastructure ,in addition to amounts otherwise available1 there is appropriated to the ,coast ,guard for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for the acquisition1 design1 and construction of new1 or replacement of existing1 climate resilient facilities1 including personnel readiness facilities such as family support services facilities1 that are threatened by or have been impacted by climate change1 as authorized under sections #ejd7;e7 and #aaja7;b77#a7 of title #ad1 ,united ,states ,code4 #aajjab4 ,great ,lakes icebreaker acquisition 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,coast ,guard for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for acquisition1 design1 and construction of a ,great ,lakes heavy icebreaker1 as authorized under section #hajg of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc74 7b7 ,limitation ,the funds made available under this section are subject to the condition that the ,coast ,guard shall not-- 7#a7 enter into an agreement involving funds made available under subsection 7a7 if such agreement-- 7,a7 is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 involves any payment that could be made or funds disbursed using amounts made available under subsection 7a7 after ,september #cj1 #bjca2 or 7#b7 use any other funds available to the ,coast ,guard to satisfy obligations initially made under subsection 7a74 #aajjac4 ,port infrastructure and supply chain resilience 7a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 to the ,maritime ,administration for the purposes of making grants for projects to support supply chain resilience1 reduction in port congestion1 and the development of offshore wind through the program under section #ejcjb7;c7 of title #df1 ,united ,states ,code4 7b7 ,limitations ,the funds made available under this section are subject to the condition that the ,secretary of ,transportation shall not-- 7#a7 enter into an agreement involving funds made available under subsection 7a7 if such agreement-- 7,a7 is for a term extending beyond ,september #cj1 #bjca2 or 7,b7 involves any payment that could be made or funds disbursed using amounts made available under subsection 7a7 after ,september #cj1 #bjca2 or 7#b7 use any other funds available to the ,secretary to satisfy obligations initially made under subsection 7a74 #aajjad4 ,alternative water source project grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #abe1jjj1jjj1 to remain available until expended1 for carrying out section #bbj of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acjj71 in accordance with subsection 7b71 which funds may be used to make grants under such section on the condition that-- 7#a7 a project carried out using such funds shall1 to the maximum extent practicable1 maximize the avoidance1 minimization1 or mitigation of climate change impacts on1 and of1 any constructed part of the project 7including through the implementation of technologies to recover and reuse energy produced in the treatment of wastewater72 and 7#b7 all of the iron and steel used in the project are produced in the ,united ,states in accordance with section #fjh of such ,act 7#cc ,u4,s4,c4 #achh74 7b7 ,limitations ,for purposes of subsection 7a7-- 7#a7 the limitation in section #bbj7;d77#a7 of the ,federal ,water ,pollution ,control ,act 7as in effect on ,september #a1 #bjba71 as it applies to the receipt of planning or design funds1 shall not apply with respect to eligibility for a grant under this section2 and 7#b7 the requirements of sections #bbj7;d77#b7 and 7e7 of such ,act 7as in effect on ,september #a1 #bjba7 shall not apply to the making of a grant under this section4 7c7 ,administrative costs ,of the amounts made available under subsection 7a71 the ,administrator of the ,environmental ,protection ,agency shall reserve #d percent for the administrative costs of carrying out this section4 #aajjae4 ,sewer overflow and stormwater reuse municipal grants 7a7 ,general assistance ,in addition to amounts otherwise available1 there is appropriated to the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until expended1 for carrying out section #bba of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acja71 which funds may be used to make grants under such section on the condition that any activity carried out using such funds shall1 to the maximum extent practicable1 maximize the avoidance1 minimization1 or mitigation of climate change impacts on1 and of1 any constructed part of the activity 7including through the implementation of technologies to recover and reuse energy produced in the treatment of wastewater74 7b7 ,financially distressed communities 7#a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1cej1jjj1jjj1 to remain available until expended1 for carrying out section #bba of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acja71 which funds may be used to make grants under such section to a financially distressed community 7as defined in such section71 or an ,indian tribe or other entity described in section #eah7;c77#c7 of such ,act1 on the condition that any activity carried out using such funds shall1 to the maximum extent practicable1 maximize the avoidance1 minimization1 or mitigation of climate change impacts on1 and of1 any constructed part of the activity 7including through the implementation of technologies to recover and reuse energy produced in the treatment of wastewater74 7#b7 ,limitation ,in carrying out paragraph 7#a71 the ,administrator of the ,environmental ,protection ,agency may not require a financially distressed community1 ,indian tribe1 or entity receiving a grant pursuant to this subsection to provide1 as a condition of eligibility to receive such grant1 a share of the cost of the activity for which the grant was made4 7c7 ,administrative costs ,of the amounts made available under each of subsections 7a7 and 7b71 the ,administrator of the ,environmental ,protection ,agency shall reserve #d percent for the administrative costs of carrying out this section4 #aajjaf4 ,individual household decentralized wastewater treatment system grants 7a7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,environmental ,protection ,agency for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until expended-- 7#a7 #ge1jjj1jjj to make grants to ,states1 municipalities1 and nonprofit entities under the ,federal ,water ,pollution ,control ,act for the construction1 repair1 or replacement of individual household decentralized wastewater treatment systems of eligible individuals 7as such term is defined in section #fjc7;j7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;j7772 and 7#b7 #ge1jjj1jjj to make grants to ,states1 municipalities1 and nonprofit entities under such ,act for the construction1 repair1 or replacement of individual household decentralized wastewater treatment systems of eligible individuals 7as so defined7 residing in households that are not connected to a system or technology designed to treat domestic sewage1 including eligible individuals using household cesspools4 7b7 ,administrative costs ,of the amounts made available under subsection 7a71 the ,administrator of the ,environmental ,protection ,agency shall reserve #g percent for the administrative costs of carrying out this section4 #aajjag4 ,disaster relief ,the ,administrator of the ,federal ,emergency ,management ,agency may provide financial assistance through ,september #cj1 #bjbf1 pursuant to section #bjc7;h71 #djd7;a71 and #djf7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc7;h72 #db ,u4,s4,c4 #eagj;c7a72 #db ,u4,s4,c4 #eagb7;b77 for-- 7#a7 costs associated with low-carbon materials2 and 7#b7 incentives that encourage low-carbon and net-zero energy projects1 which may include an increase in the ,federal cost share4 #aajjah4 ,environmental review implementation funds 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following3 #agi4 ,environmental review implementation funds 7a7 ,establishment ,in addition to amounts otherwise available1 for fiscal year #bjbb1 there is appropriated to the ,administrator1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for the purpose of facilitating the development and review of documents for the environmental review process for proposed projects1 including through-- 7#a7 the provision of guidance1 technical assistance1 templates1 training1 or tools to facilitate an efficient and effective environmental review process for surface transportation projects1 including any administrative expenses of the ,federal ,highway ,administration to conduct such activities2 and 7#b7 providing funds made available under this subsection to eligible entities-- 7,a7 to build capacity of such eligible entities and facilitate the environmental review process for proposed projects1 including-- 7i7 defining the scope or study areas2 7ii7 identifying impacts1 mitigation measures1 and reasonable alternatives2 7iii7 preparing planning and environmental studies and other documents prior to and during the environmental review process1 for potential use in the environmental review process in accordance with applicable statutes and regulations2 7iv7 conducting public engagement activities2 and 7v7 carrying out other activities1 including permitting activities1 as the ,administrator determines to be appropriate1 to support the timely completion of an environmental review process required for a proposed project2 and 7,b7 for administrative expenses of the eligible entity to conduct any of the activities described in subparagraph 7,a74 7b7 ,cost share 7#a7 ,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 #hj percent4 7#b7 ,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 ,federal1 ,state1 or local grant program1 including funds made available to the eligible entity under this title or administered by the ,u4,s4 ,department of ,transportation4 7c7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,highway ,administration4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a political subdivision of a ,state2 7,d7 a territory of the ,united ,states2 7,e7 an entity described in section #bjg7m77#a77;,e72 7,f7 a recipient of funds under section #bjc2 or 7,g7 a metropolitan planning organization 7as defined in section #acd7;b77#b774 7#c7 ,environmental review process ,the term environmental review process has the meaning given the term in section #aci7;a77#c74 7#d7 ,proposed project ,the term proposed project means a surface transportation project for which an environmental review process is required4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following3 #agi4 ,environmental review implementation funds4 4 #aajjai4 ,low-carbon transportation materials grants 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following3 #ahj4 ,low-carbon transportation materials grants 7a7 ,federal highway administration appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ijj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 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 section4 7b7 ,reimbursement of incremental costs2 incentives 7#a7 ,reimbursement of incremental costs 7,a7 ,in general ,the ,administrator shall1 subject to the availability of funds1 reimburse eligible recipients that use low-embodied carbon construction materials and products on a project funded under this title4 7,b7 ,amount ,the amount of reimbursement under subparagraph 7,a7 shall be the incrementally higher cost of using such materials relative to the cost of using traditional materials1 as determined by the eligible recipient and verified by the ,administrator4 7#b7 ,incentive ,if a reimbursement is provided under paragraph 7#a71 the total ,federal share payable for the project for which the reimbursement is provided shall be up to #ajj percent4 7#c7 ,limitations 7,a7 ,in general ,the ,administrator shall only provide a reimbursement under paragraph 7#a7 for a project on a-- 7i7 ,federal-aid highway2 7ii7 tribal transportation facility2 7iii7 ,federal lands transportation facility2 or 7iv7 ,federal lands access transportation facility4 7,b7 ,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 highways4 7,c7 ,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 vehicles4 7#d7 ,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-- 7,a7 appropriate for use in projects eligible under this title2 and 7,b7 eligible for reimbursement under this section4 7c7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,highway ,administration4 7#b7 ,eligible recipient ,the term eligible recipient means-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a political subdivision of a ,state2 7,d7 a territory of the ,united ,states2 7,e7 an entity described in section #bjg7m77#a77;,e772 7,f7 a recipient of funds under section #bjc2 7,g7 a metropolitan planning organization 7as defined in section #acd7;b77#b772 or 7,h7 a special purpose district or public authority with a transportation function4 7#c7 ,embodied carbon ,the term embodied carbon means the quantity of greenhouse gas emissions associated with all relevant stages of production of a material or product1 measured in kilograms of carbon dioxide-equivalent per unit of such material or product4 7#d7 ,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 materials4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following3 #ahj4 ,low-carbon transportation materials grants4 4 #aajjbj4 ,southwest ,border ,regional ,commission ,in addition to amounts otherwise available1 there is appropriated to the ,southwest ,border ,regional ,commission for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #cc1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out activities authorized by subtitle ,v of title #dj1 ,united ,states ,code4 ,,xii ,committee on ,veterans ,affairs #abjjja4 ,department of ,veterans ,affairs infrastructure improvements ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1cag1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for facilities under the jurisdiction of1 or for the use of1 the ,department of ,veterans ,affairs to carry out sections #bdjj1 #bdjc1 #bdjd1 #bdjf1 #bdjg1 #bdab1 #haja1 #hajb 7except for section #hajb7;d771 #hajc 7except for super construction projects as defined in section #hajc7;e77#c771 #hajd through #haaj1 #habb1 and #hafa through #hafi of title #ch1 ,united ,states ,code1 taking into consideration the integration of climate resiliency into infrastructure as well as the needs of underserved areas and underserved veteran populations4 #abjjjb4 ,modifications to enhanced-use lease authority of department of veterans affairs 7a7 ,modifications to authority ,paragraph 7#b7 of section #hafb7;a7 of title #ch1 ,united ,states ,code1 is amended to read as follows3 7#b7 7,a7 ,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-- 7i7 that the lease will not be inconsistent with1 and will not adversely affect-- 7,i7 the mission of the ,department2 or 7,,ii7 the operation of facilities1 programs1 and services of the ,department in the local area2 and 7ii7 that-- 7,i7 the lease will enhance the use of the leased property by directly or indirectly benefitting veterans2 or 7,,ii7 the leased property will provide supportive housing4 7,b7 ,the ,secretary shall give priority to enhanced-use leases that1 on the leased property-- 7i7 provide supportive housing for veterans2 7ii7 provide direct services or benefits targeted to veterans2 or 7iii7 provide services or benefits that indirectly support veterans4 4 7b7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #dee1jjj1jjj for the ,department of ,veterans ,affairs1 to remain available until expended1 to enter into enhanced-use leases pursuant to section #hafb of title #ch1 ,united ,states ,code1 as amended by this section4 7c7 ,modification of sunset ,section #hafi of such title is amended by striking ,december #ca1 #bjbc and inserting ,september #cj1 #bjbf4 #abjjjc4 ,major medical facility leases of the ,department of ,veterans ,affairs 7a7 ,authority to enter into major medical facility leases ,paragraph 7#b7 of subsection 7a7 of section #hajd of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking ,no funds and inserting 7,a7 ,no funds2 7#b7 by striking or any major medical facility lease2 7#c7 by striking or lease2 and 7#d7 by adding at the end the following new subparagraph3 7,b7 ,funds may be appropriated for a fiscal year1 and the ,secretary may obligate and expend funds1 including for advance planning and design1 for any major medical facility lease4 4 7b7 ,modification of definition of major medical facility lease ,subparagraph 7,b7 of paragraph 7#c7 of such subsection is amended to read as follows3 7,b7 ,the term major medical facility lease-- 7i7 means a lease for space for use as a new medical facility approved through the ,general ,services ,administration under section #ccjg7;a77#b7 of title #dj at an average annual rent equal to or greater than the dollar threshold described in such section1 which shall be subject to annual adjustment in accordance with section #ccjg7;h7 of such title2 and 7ii7 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 threshold4 4 7c7 ,interim leasing actions ,such section is further amended by adding at the end the following new subsection3 7i7 7#a7 ,the ,secretary may carry out interim leasing actions for major medical facility leases 7as defined in subsection 7a77#c77;,b774 7#b7 ,in this subsection1 the term interim leasing actions has the meaning given that term by the ,administrator of the ,general ,services ,administration4 4 7d7 ,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 #bjbb1 #bjbc1 or #bjbd4 7e7 ,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 7d74 7f7 ,appropriation ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1hje1jjj1jjj1 to remain available until expended1 for major medical facility leases pursuant to subchapter ,i of chapter #ha of title #ch1 ,united ,states ,code1 as amended by this section1 as requested in the annual budget submission of the ,department of ,veterans ,affairs for fiscal year #bjbb1 #bjbc1 or #bjbd4 7g7 ,termination and restoration 7#a7 ,in general ,effective upon the date of execution of the final lease award for leases described in subsection 7d71 subsections 7a7 through 7e7 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 law4 7#b7 ,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 7#a7 not later than #cj days before such date4 #abjjjd4 ,increase in number of health professions residency positions at ,department of ,veterans ,affairs medical facilities 7a7 ,increase ,in carrying out section #gcjb7;a77#a7 of title #ch1 ,united ,states ,code1 during the seven-year period beginning on the day that is one year after the date of the enactment of this ,act1 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 #ejj positions 7which shall be allocated among occupations included in the most current determination published in the ,federal ,register pursuant to section #gdab7;a7 of such title1 or allocated pursuant to a prioritization by the ,secretary of occupations in primary care1 mental health care1 and any other health professions occupation the ,secretary determines appropriate7 through the establishment of such new positions at-- 7#a7 medical facilities where the ,secretary established such positions pursuant to section #cja7;b77#b7 of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #gcjb note72 or 7#b7 any medical facility-- 7,a7 the director of which expresses an interest in establishing or expanding a health professions residency program at the medical facility2 or 7,b7 that is located in a community that has a high concentration of veterans or is experiencing a shortage of health care professionals4 7b7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,veterans ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #bfh1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for the purpose of carrying out this section4 #abjjje4 ,veteran records scanning ,in addition to amounts otherwise available1 there is appropriated to the ,veterans ,benefits ,administration for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbc1 for costs of record scanning and claims processing1 to carry out sections #ggja and #ggjc of title #ch1 ,united ,states ,code4 #abjjjf4 ,funding for ,department ,of ,veterans ,affairs ,office of ,inspector ,general ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,inspector ,general of the ,department of ,veterans ,affairs for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for audits1 investigations1 and other oversight of projects and activities carried out with funds made available to the ,department of ,veterans ,affairs4 ,,xiii ,committee on ,ways and ,means ,a ,universal ,comprehensive ,paid ,leave #acjjja4 ,comprehensive ,paid ,leave ,the ,social ,security ,act is amended by adding at the end the following3 ,,xxii ,comprehensive ,paid ,leave ,benefits #bbja4 ,table of contents ,the table of contents for this title is as follows3 ,sec4 #bbja4 ,table of contents4,sec4 #bbjb4 ,entitlement to comprehensive paid leave benefits4,sec4 #bbjc4 ,benefit amount4,sec4 #bbjd4 ,benefit determination and payment4,sec4 #bbje4 ,appeals4,sec4 #bbjf4 ,accurate payment4,sec4 #bbjg4 ,funding for benefit payments1 grants1 and program administration4,sec4 #bbjh4 ,funding for ,state administration option for legacy ,states4,sec4 #bbji4 ,reimbursement option for employer-sponsored comprehensive paid leave benefits4,sec4 #bbaj4 ,definitions4 #bbjb4 ,entitlement to comprehensive paid leave benefits 7a7 ,in general ,every individual who-- 7#a7 has filed an application for a comprehensive paid leave benefit in accordance with section #bbjd7;a72 7#b7 has1 or anticipates having1 at least #d caregiving hours in a week ending at any time during the period that begins #ij days before the date on which such application is filed or not later than #ij days after such date2 7#c7 has wages or self-employment income at any time during the period-- 7,a7 beginning with the most recent calendar quarter that ends at least #d months prior to the beginning of the individual's benefit period specified in subsection 7b72 and 7,b7 ending with the month before the month in which such benefit period begins2 and 7#d7 has at least the specified amount of wages and self-employment income during the most recent #h-;calendar quarter period that ends at least #d months prior to the beginning of the individual's benefit period specified in subsection 7b71 shall be entitled to such a benefit for each month during such benefit period1 except as otherwise provided in this section4 ,for purposes of paragraph 7#d71 the specified amount for individuals whose benefit period begins in calendar year #bjbd shall be #b1jjj1 and the specified amount for individuals whose benefit period begins in any calendar year after #bjbd shall equal the specified amount applicable for the calendar year preceding such calendar year1 or1 if larger1 the product of #b1jjj and the quotient obtained by dividing the national average wage index 7as defined in section #bbaj7 for the second calendar year preceding such calendar year by the national average wage index 7as so defined7 for #bjbb4 7b7 ,benefit period 7#a7 ,in general ,except as provided in paragraph 7#b71 the benefit period specified in this subsection is the period beginning with the month in which ends the #ast week in which the individual has at least #d caregiving hours and otherwise would meet the criteria specified in paragraphs 7#a71 7#b71 7#c71 and 7#d7 of subsection 7a7 and ending at the end of the month in which ends the #ebnd week ending during such period4 7#b7 ,retroactive benefits ,in the case of an application for benefits under this section with respect to an individual who has at least #d caregiving hours in a week at any time during the period that begins #ij days before the date on which such application is filed1 the benefit period specified in this subsection is the period beginning with the later of-- 7,a7 the month in which ends the #ast week in which the individual has at least #d caregiving hours2 or 7,b7 the #ast month that begins during such #ij-;day period1 and ending at the end of the month in which ends the #ebnd week ending during such period4 7#c7 ,limitation ,notwithstanding paragraphs 7#a7 and 7#b71 no benefit period under this title may begin with any month beginning before ,january #bjbd4 7c7 ,caregiving hours 7#a7 ,caregiving hour defined ,for purposes of this title1 the term caregiving hour means a #a-;hour period during which the individual engaged in qualified caregiving 7determined on the basis of information filed with the ,commissioner pursuant to subsection 7c7 of section #bbjd74 7#b7 ,qualified caregiving 7,a7 ,in general ,for purposes of this subsection1 the term qualified caregiving means any activity engaged in by an individual in lieu of work 7during the hours that constitute the individual's regular workweek 7within the meaning of section #bbjc7;d7771 other than for monetary compensation1 for a qualifying reason 7as defined in section #bbaj74 7,b7 ,no monetary compensation permitted ,for purposes of subparagraph 7,a71 an activity shall be considered to be engaged in by an individual for monetary compensation if1 for the time during which the individual was so engaged1 the individual received-- 7i7 wages from an employer2 7ii7 self-employment income2 or 7iii7 any form of cash payment made by an employer for purposes of providing the individual with paid vacation1 paid sick leave1 or any other form of paid time off 7but 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 #bbjb does not exceed #ajj percent of the individual's regular rate of pay 7as determined under section #g7;e7 of the ,fair ,labor ,standards ,act of #aich774 7,c7 ,treatment of individuals covered by employer-sponsored comprehensive paid leave program ,for purposes of subparagraph 7,a71 an activity engaged in by an individual shall not be considered to be engaged in in lieu of work if1 for the time during which the individual was so engaged1 the individual is taking leave from covered employment under an employer-sponsored program 7as defined in section #bbji7;g774 7,d7 ,treatment of individuals covered by legacy ,state comprehensive paid leave program ,for purposes of subparagraph 7,a71 an activity engaged in by an individual shall not be considered to be engaged in in lieu of work if1 for the time during which the individual was so engaged1 the individual is taking leave from covered employment under the law of a legacy ,state 7as defined in section #bbjh7;c774 ,in the case of an individual who is no longer employed1 such individual shall be treated1 for purposes of the preceding sentence1 as taking leave from covered employment under the law of a legacy ,state 7as so defined7 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 7within the meaning of #bbjc7;d77 that was in covered employment under the law of a legacy ,state 7as so defined74 7d7 ,no caregiving hours in individual's week of death ,no caregiving hours of an individual may be credited under section #bbjc7;c7 to the week during which the individual dies4 7e7 ,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 #e-year period following the date of such finding4 #bbjc4 ,benefit amount 7a7 ,in general ,the amount of the benefit to which an individual is entitled under section #bbjb for a month shall be an amount equal to the sum of the weekly benefit amounts for each week ending during such month4 ,the weekly benefit amount of an individual for a week shall be equal to the product of the individual's weekly benefit rate 7as determined under subsection 7b77 multiplied by a fraction-- 7#a7 the numerator of which is the number of caregiving hours of the individual credited to such week 7as determined in subsection 7c772 and 7#b7 the denominator of which is the number of hours in a regular workweek of the individual 7as determined in subsection 7d774 7b7 ,weekly benefit rate 7#a7 ,in general ,for purposes of this section1 an individual's weekly benefit rate shall be an amount equal to the sum of-- 7,a7 #ij4ach 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 7#b72 7,b7 #gc4aga percent of the individual's average weekly earnings to the extent that such earnings exceed the amount established for purposes of subparagraph 7,a7 but do not exceed the amount established for purposes of this subparagraph by paragraph 7#b72 and 7,c7 #ec4jbc percent of the individual's average weekly earnings to the extent that such earnings exceed the amount established for purposes of subparagraph 7,b7 but do not exceed the amount established for purposes of this subparagraph by paragraph 7#b74 7#b7 ,amounts established 7,a7 ,initial amounts ,for individuals whose benefit period under this title begins in calendar year #bjbd1 the amount established for purposes of subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#a7 shall be #a_/eb of #ae1jhj1 #cd1bdh1 and #fb1jjj1 respectively4 7,b7 ,wage indexing ,for individuals whose benefit period under this title begins in any calendar year after #bjbd1 each of the amounts so established shall equal the corresponding amount established for the calendar year preceding such calendar year1 or1 if larger1 the product of the corresponding amount established with respect to the calendar year #bjbd and the quotient obtained by dividing-- 7i7 the national average wage index 7as defined in section #bbaj7 for the second calendar year preceding such calendar year1 by 7ii7 the national average wage index 7as so defined7 for calendar year #bjbb4 7,c7 ,rounding ,each amount established under subparagraph 7,b7 for any calendar year shall be rounded to the nearest #a1 except that any amount so established which is a multiple of #j4ej but not of #a shall be rounded to the next higher #a4 7#c7 ,average weekly earnings ,for purposes of this subsection1 an individual's average weekly earnings1 as calculated by the ,commissioner1 shall be equal to the quotient obtained by dividing-- 7,a7 the total of the wages and self-employment income received by the individual during the #h-;calendar quarter period described in section #bbjb7;a77#d72 by 7,b7 #ajd4 7#d7 ,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 #bbjb1 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 #dec7;j77#ab7 and self-employment income information provided to the ,commissioner pursuant to section #fajc7l77#bc7 of the ,internal ,revenue ,code of #aihf1 except that the ,commissioner shall also consider any more recent or additional evidence of wages or self-employment income the individual chooses to additionally submit4 7c7 ,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 week1 except that-- 7#a7 such number may not exceed the number of hours in a regular workweek of the individual 7as determined in subsection 7d772 7#b7 no caregiving hours may be credited to a week in which fewer than #d caregiving hours of the individual occur2 7#c7 no caregiving hours of the individual may be credited to the individual's waiting period1 consisting of the first week during an individual's benefit period in which at least #d caregiving hours occur 7regardless of whether the individual received any form of cash payment for the purpose of providing the individual with paid vacation1 paid sick leave1 or any other form of paid time off from the individual's employer during such week in accordance with section #bbjb7;c77#b77;,b77iii772 and 7#d7 the total number of caregiving hours credited to weeks during the individual's benefit period may not exceed the product of #d multiplied by the number of hours in a regular workweek of the individual 7as so determined74 7d7 ,number of hours in a regular workweek ,for purposes of this section1 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 7or regularly worked in the case of an individual who is no longer working or whose total weekly hours of work have been reduced7 during the month before the individual's benefit period begins 7or prior to such month1 if applicable in the case of an individual who is no longer working or whose total weekly hours of work have been reduced74 7e7 ,submission of required information ,any person may submit applicable paid leave information with respect to an individual1 including1 as applicable1 the individual's representative1 the individual's employer1 or any relevant authority identified under section #bbjd7;b77#b74 ,for purposes of this subsection1 the term applicable paid leave information means1 with respect to an individual1 any information submitted to the ,commissioner with respect to the comprehensive paid leave benefits of the individual1 including any initial application1 periodic benefit claim report1 appeal1 and any other information submitted in support of such application1 report1 or appeal4 #bbjd4 ,benefit determination and payment 7a7 ,in general ,an individual seeking benefits under section #bbjb shall file an application with the ,commissioner containing at least the information described in subsection 7b74 ,any information contained in an application for benefits under section #bbjb1 or in a periodic benefit claim report filed with respect to such benefits1 shall be presumed to be true and accurate1 unless the ,commissioner demonstrates by a preponderance of the evidence that information contained in the application or periodic benefit claim report is false1 except that the ,commissioner shall mandate procedures to validate the identity of such individual4 7b7 ,required contents of initial application ,an application for a comprehensive paid leave benefit filed by an individual shall include-- 7#a7 an attestation that the individual has1 or anticipates having1 at least #d caregiving hours in a week ending at any time during the period that begins #ij days before the date on which such application is filed or not later than #ij days after such date2 7#b7 at the option of the ,commissioner1 a certification1 issued by a relevant authority identified under regulations issued by the ,commissioner1 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 hours1 which shall be no more than is required for reasonable documentation 7as defined in section #bbaj72 7#c7 an attestation from the individual that notice of the individual's need to be absent from work during such caregiving hours has been provided1 not later than #g days after such need arises1 to the individual's employer 7except in cases of hardship or other extenuating circumstances or if the individual does not have 7or no longer has7 an employer72 7#d7 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 #bbjb7;a77#c71 except that the ,commissioner may waive this requirement in any case in which such evidence is otherwise available to the ,commissioner2 and 7#e7 an attestation from the individual stating the number of hours in a regular workweek of the individual 7within the meaning of section #bbjc7;d774 ,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 application1 the certification described in paragraph 7#b71 the attestations described in paragraphs 7#c7 and 7#e71 and the evidence described in paragraph 7#d7 may be provided after the #ast week in which at least #d such caregiving hours occur4 7c7 ,periodic benefit claim report 7#a7 ,in general ,except as provided in paragraph 7#b71 not later than #fj days 7or such longer period as may be provided in any case in which the ,commissioner determines that good cause exists for an extension7 after the end of each month during the benefit period of an individual entitled to benefits under section #bbjb1 the individual shall file a periodic benefit claim report with the ,commissioner4 ,such periodic benefit claim report shall specify the caregiving hours of the individual that occurred during each week that ended in such month4 ,no periodic benefit claim report shall be required with respect to any week in which fewer than #d caregiving hours occurred4 7#b7 ,retroactive applications ,in the case of an application filed by an individual for a comprehensive paid leave benefit with a benefit period that begins1 in accordance with section #bbjb7;b77#b71 with a month that ends before the date on which such application is filed1 the individual may include with such application the information described in the second sentence of paragraph 7#a7 with respect to each week in the benefit period that ends before such date4 7d7 ,determinations 7#a7 ,initial application ,the ,commissioner shall determine1 with respect to an individual applying for benefits under section #bbjb1 the initial entitlement and the benefit period in accordance with such section1 and the weekly benefit rate1 average weekly earnings1 and the number of hours in a regular workweek in accordance with section #bbjc4 7#b7 ,monthly benefit determinations ,on the basis of the information filed with the ,commissioner pursuant to subsection 7c71 the ,commissioner shall determine1 with respect to an individual for each week ending in a month1 the number of caregiving hours to be credited to such week in accordance with section #bbjc7;c74 7#c7 ,changing circumstances ,if more than one type of circumstance gives rise to the need for caregiving hours during the individual's benefit period1 such caregiving hours shall be credited to weeks within the benefit period in accordance with section #bbjc7;c7 regardless of circumstance4 7e7 ,certification of payment ,not later than #ae days after the making of a determination under subsection 7d77#b7 with respect to the number of caregiving hours of an individual to be credited to weeks ending in a month1 the ,commissioner shall certify payment of the comprehensive paid leave benefit for such month to be made to such individual1 and the ,secretary of the ,treasury shall make such payment in accordance with the certification of the ,commissioner of ,social ,security4 7f7 ,regulations and procedures ,the ,commissioner shall have full power and authority to make rules and regulation1 including interim final regulations1 and to establish procedures1 not inconsistent with this title1 which are necessary and appropriate to carry out this title4 #bbje4 ,appeals 7a7 ,in general ,an individual shall have the right-- 7#a7 to appeal to the ,commissioner any determination made with respect to-- 7,a7 comprehensive paid leave benefits under section #bbjb2 and 7,b7 comprehensive paid leave benefits under an employer-sponsored program described in section #bbji whose appeal to the employer 7or administering entity7 pursuant to subsection 7b77#a77;,b77iii77,i7 of such section results in a determination unfavorable to the individual2 and 7#b7 to have the appeal heard in a timely manner by a decisionmaker who was not the initial decisionmaker and who reviews any additional evidence submitted4 7b7 ,treatment of determinations on appeal ,any determination by the ,commissioner on an appeal under this section shall be a final determination4 #bbjf4 ,accurate payment 7a7 ,underpayments and overpayments 7#a7 ,in general ,whenever the ,commissioner determines that more or less than the correct amount of payment has been made to any individual under this title1 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 #bbje4 ,proper adjustment or recovery shall be made as follows3 7,a7 ,underpayments ,with respect to payment to an individual of less than the correct amount1 the ,commissioner shall promptly pay the balance of the amount due to such underpaid individual4 7,b7 ,overpayments 7i7 ,in general ,with respect to payment to an individual of more than the correct amount1 the ,commissioner shall decrease any payment for a month under section #bbjb to which such overpaid individual is entitled 7except 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 #bbjc7;a7 or the amount specified in clause 7ii7 with respect to such weekly benefit amounts of the individual71 or shall require such overpaid individual to refund the amount in excess of the correct amount1 or shall apply any combination of the foregoing4 7ii7 ,limitation on recovery 7,i7 ,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 #bbjc7;a7 if the individual's weekly benefit rate 7as determined under section #bbjc7;b77 were equal to the applicable dollar amount as determined under subclause 7,,ii74 7,,ii7 ,applicable dollar amount ,for purposes of subclause 7,i71 the applicable dollar amount is-- 7aa7 with respect to a weekly benefit amount determined for a week ending in a month in calendar year #bjbd1 #cae2 and 7bb7 with respect to a weekly benefit amount determined for a week ending in a month in any calendar year after #bjbd1 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 or1 if larger1 the product of the corresponding amount specified in item 7aa7 with respect to a weekly benefit amount determined for a week ending in a month in calendar year #bjbd multiplied by the quotient obtained by dividing-- 7,,aa7 the national average wage index 7as defined in section #bbaj7 for the second calendar year preceding such calendar year1 by 7,,bb7 the national average wage index 7as so defined7 for #bjbb4 7#b7 ,waiver of certain overpayments ,in any case in which more than the correct amount of payment for comprehensive paid leave benefits under section #bbjb has been made1 there shall be no adjustment of payments to1 or recovery from1 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 title1 or if such individual relied on the receipt or expected payment of comprehensive paid leave benefits under section #bbjb to make a financial decision4 ,in considering whether an individual is without fault1 the ,commissioner shall take into account the individual's age and any physical impairment or mental impairment 7including intellectual disability71 limited ,english proficiency1 low levels of literacy skills1 educational limitations1 and any other circumstances that may render the individual not at fault4 7b7 ,civil monetary penalty 7#a7 ,in general ,any person who knowingly makes a false statement1 misrepresents a fact1 or omits material information in connection with an application for benefits under section #bbjb or a periodic benefit claim report under section #bbjd shall be subject to a civil monetary penalty of not more than the amount determined under paragraph 7#b7 for a calendar year for each such statement1 misrepresentation1 or omission4 7#b7 ,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-- 7,a7 had been first established in the amount of #e1jjj in calendar year #aiid2 and 7,b7 had been initially adjusted for inflation in calendar year #bjaf4 7c7 ,exclusion from participation 7#a7 ,in general ,no person or entity who-- 7,a7 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 title1 7,b7 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 benefit1 7,c7 having knowledge of the occurrence of any event affecting 7i7 his initial or continued right to any such benefit1 or 7ii7 the initial or continued right to any such benefit of any other individual in whose behalf he has applied for or is receiving such benefit1 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 authorized1 7,d7 having made application to receive any such benefit for the use and benefit of another and having received it1 knowingly and willfully converts such benefit or any part thereof to a use other than for the use and benefit of such other person1 or 7,e7 conspires to take any action described in any of subparagraphs 7,a7 through 7,c71 may represent1 or submit evidence on behalf of1 an individual applying for1 or receiving1 benefits under this title4 7#b7 ,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 exclusion4 ,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 subsection4 7d7 ,redetermination of entitlement 7#a7 ,in general 7,a7 ,termination or reversal of benefits ,the ,commissioner shall immediately redetermine the entitlement of an individual to comprehensive paid leave benefits under section #bbjb if there is reason to believe that fraud or similar fault was involved in the application of the individual for such benefits4 7,b7 ,disregard of certain evidence ,when redetermining the entitlement1 or making an initial determination of entitlement1 of an individual under this title1 the ,commissioner shall disregard any evidence if there is reason to believe that fraud or similar fault was involved in the providing of such evidence4 7#b7 ,similar fault described ,for purposes of paragraph 7#a71 similar fault is involved with respect to a determination if-- 7,a7 an incorrect or incomplete statement that is material to the determination is knowingly made2 or 7,b7 information that is material to the determination is knowingly concealed4 7#c7 ,termination of benefits ,if1 after redetermining pursuant to this subsection the entitlement of an individual to comprehensive paid leave benefits1 the ,commissioner determines that there is insufficient evidence to support such entitlement1 the ,commissioner may terminate such entitlement and may treat benefits paid on the basis of such insufficient evidence as overpayments4 #bbjg4 ,funding for benefit payments1 grants1 and program administration 7a7 ,funding for benefit payments and grants ,in addition to amounts otherwise available1 there are appropriated1 out of any funds in the ,treasury not otherwise appropriated1 such sums as may be necessary to pay benefits under section #bbjb and for grants under sections #bbjh and #bbji4 7b7 ,funding for program administration 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #a1ejj1jjj1jjj for fiscal year #bjbb and #a1eij1gjj1jjj for each subsequent fiscal year 7subject to paragraph 7#b77 for timely and accurate administration of all sections of this title1 including costs related to necessary customer service1 staffing1 technology1 training1 data sharing1 identity validation1 technical assistance to legacy ,states under section #bbjh and employers or employer-designated third party administrators under section #bbji1 public education and outreach to potential beneficiaries1 and research for the purpose of ensuring full and equitable access to the programs under this title4 7#b7 ,indexing to wage growth ,for each fiscal year after #bjbd1 there shall be substituted for the dollar amount specified in paragraph 7#a7 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 #a1eij1gjj1jjj multiplied by the ratio of-- 7,a7 the national average wage index 7as defined in section #bbaj7 for the most recent calendar year that ends before the beginning of such preceding fiscal year1 to 7,b7 the national average wage index 7as so defined7 for #bjba4 7#c7 ,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 title4 7c7 ,availability of emergency funding ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until expended1 for administrative expenses described in subsection 7b77#a7 during fiscal year #bjbd or any subsequent fiscal year1 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 #bbjb7;a7 will exceed the number that were anticipated to be filed during such fiscal year 7as determined by the ,commissioner7 by #bj percent or more4 #bbjh4 ,funding for ,state administration option for legacy ,states 7a7 ,in general ,in each calendar year beginning with calendar year #bjbe1 the ,commissioner shall make a grant to each ,state that1 for the calendar year preceding such calendar year1 was a legacy ,state and that met the data sharing requirements of subsection 7e71 in an amount equal to the lesser of-- 7#a7 an amount1 as estimated by the ,commissioner1 equal to the total amount of comprehensive paid leave benefits that would have been paid under section #bbjb 7including the costs to the ,commissioner to administer such benefits1 not to exceed 7for purposes of estimating such total amount under this paragraph7 #g percent of the total amount of such benefits paid7 to individuals who received paid family and medical leave benefits under a ,state law described in paragraph 7#a7 or 7#c7 of subsection 7b7 during the calendar year preceding such calendar year if the ,state had not been a legacy ,state for such preceding calendar year2 or 7#b7 an amount equal to the total cost of paid family and medical leave benefits under a ,state law described in paragraph 7#a7 or 7#c7 of subsection 7b7 for the calendar year preceding such calendar year1 including-- 7,a7 any paid family and medical leave benefits provided by an employer 7whether directly1 under a contract with an insurer1 or provided through a multiemployer plan7 as described in subsection 7d72 and 7,b7 the full cost to the ,state of administering such law 7except that such cost may not exceed #g percent of the total amount of paid family and medical leave benefits paid under such ,state law74 ,in any case in which1 during any calendar year1 the ,commissioner has reason to believe that a ,state will be a legacy ,state and meet the data sharing requirements of subsection 7e7 for such calendar year1 the ,commissioner may make estimated payments during such calendar year of the grant which would be paid to such ,state in the succeeding calendar year1 to be adjusted as appropriate in the succeeding calendar year4 7b7 ,legacy ,state ,for purposes of this section1 the term legacy ,state for a calendar year means a ,state with respect to which the ,commissioner determines that-- 7#a7 the ,state has enacted1 not later than the date of enactment of this title1 a ,state law that provides paid family and medical leave benefits2 7#b7 for any calendar year that begins before the date that is #c years after the date of enactment of this title1 the ,state certifies to the ,commissioner that the ,state intends to remain a legacy ,state and meet the data sharing requirements of subsection 7e7 at least through the first calendar year that begins on or after such date2 and 7#c7 for any calendar year that begins on or after such date1 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 7which may be paid directly by the ,state or1 if permitted under such ,state law1 by an employer pursuant to such ,state law7-- 7,a7 for at least #d full workweeks of leave during each #ab-month period to at least all of those individuals in the ,state who would be eligible for comprehensive paid leave benefits under section #bbjb 7without regard to section #bbjb7;c77#b77;,d771 except that the ,state shall provide such benefits for leave from employment by the ,state or any political subdivision thereof1 and may elect to provide such benefits for leave from any other governmental employment2 7,b7 at a wage replacement rate that is at least equivalent to the wage replacement rate under the comprehensive paid leave benefit program under section #bbjb 7without regard to section #bbjb7;c77#b77;,d774 7c7 ,covered employment under the law of a legacy ,state ,for purposes of this title1 the term covered employment under the law of a legacy ,state means employment 7or self-employment7 with respect to which an individual would be eligible to receive paid family and medical benefits under the ,state law of a ,state1 as described in paragraph 7#a7 or 7#c7 of subsection 7b71 during any period during which such ,state is a legacy ,state4 7d7 ,employer-provided benefits in a legacy ,state 7#a7 ,treatment for purposes of this title ,notwithstanding any provision of section #bbji1 in the case of a ,state that permits paid family and medical leave benefits to be provided by an employer 7whether directly1 under a contract with an insurer1 or provided through a multiemployer plan7 pursuant to a ,state law described in paragraph 7#a7 or 7#c7 of subsection 7b7-- 7,a7 such benefits shall be considered1 for all purposes under this title1 paid family and medical leave benefits under the law of a legacy ,state2 and 7,b7 leave for which such benefits are paid shall be considered1 for all such purposes1 leave from covered employment under the law of a legacy ,state4 7#b7 ,distribution of grant funds ,in any case in which paid family and medical leave benefits are provided by one or more employers 7whether directly1 under a contract with an insurer1 or provided through a multiemployer plan7 in a legacy ,state pursuant to a ,state law described in paragraph 7#a7 or 7#c7 of subsection 7b71 the ,state1 upon the receipt of any grant amount under subsection 7a71 may distribute an appropriate share of such grant to each such employer4 7e7 ,data sharing ,as a condition of receiving a grant under subsection 7a7 in a calendar year1 a ,state shall enter into an agreement with the ,commissioner under which the ,state shall provide the ,commissioner-- 7#a7 with information1 to be provided periodically as determined by the ,commissioner1 concerning individuals who received a paid leave benefit under a ,state law described in paragraph 7#a7 or 7#c7 of subsection 7b71 including each individual's name1 information to establish the individual's identity1 dates for which such paid leave benefits were paid1 the amount of such paid leave benefit1 and1 to the extent available1 such other information concerning such individuals as necessary for the purpose of carrying out this section and section #bbjb7;c77#b77;,d72 7#b7 not later than ,july #a of such calendar year1 the amount described in subsection 7a77#b7 for the calendar year preceding such calendar year2 and 7#c7 such other information as needed to determine compliance with grant requirements4 7f7 ,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 section4 #bbji4 ,reimbursement option for employer-sponsored comprehensive paid leave benefits 7a7 ,in general ,for each calendar year beginning with calendar year #bjbd1 the ,commissioner shall make a grant to each employer that is an eligible employer for such calendar year in an amount equal to-- 7#a7 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 7or through a multiemployer plan71 an amount 7not to exceed the employer's expenditures for such program7 equal to the lesser of-- 7,a7 #ij percent of the product of-- 7i7 the projected national average cost per individual of providing comprehensive paid leave benefits under section #bbjb as determined by the ,commissioner for such calendar year under subsection 7c77#c7 7or1 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 year1 an equal fraction of such projected national average cost72 multiplied by 7ii7 the number of eligible employees 7within the meaning of subsection 7b77#a77;,a7 and pro-rated for part-time eligible employees7 whose employment is covered employment under the employer-sponsored program 7as defined in subsection 7g77 for such calendar year 7or1 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 year1 for such fraction of the year72 and 7,b7 #ij percent of the total premiums paid to the insurer 7or contributions paid to the multiemployer plan7 by the eligible employer under such contract 7or such plan7 for such calendar year 7or such fraction thereof7 for the coverage under such contract 7or such plan7 of eligible employees of the employer2 and 7#b7 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 7or by a third party administrator on behalf of the employer71 an amount equal to #ij percent of-- 7,a7 the amount of benefits paid under the program for such calendar year to eligible employees of the employer for up to #d weeks of leave per eligible employee2 or 7,b7 if lesser1 the product of the national average weekly benefit amount paid under section #bbjc7;a7 during such calendar year multiplied by the number of weeks of leave 7up to #d per eligible employee7 paid by the employer for all eligible employees under the program for the calendar year4 7b7 ,eligibility 7#a7 ,in general ,for purposes of subsection 7a71 an eligible employer for a calendar year is an employer 7other than the ,federal ,government or the government of any ,state 7or political subdivision thereof7 that is a legacy ,state for such calendar year under section #bbjh7 that satisfies all of the following requirements3 7,a7 ,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 7as defined in section #bbjh7;c77 7in this section referred to as eligible employees74 7,b7 ,grant conditions ,as a condition of the grant1 the employer agrees-- 7i7 that1 on return from leave under the program described in subparagraph 7,c77ii71 the eligible employee taking such leave will-- 7,i7 be restored by the employer to the position of employment held by the eligible employee when the leave commenced2 or 7,,ii7 be restored to an equivalent position with equivalent employment benefits1 pay1 and other terms and conditions of employment2 7ii7 to maintain coverage for the eligible employee under any group health plan 7as defined in section #bbaj7 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 leave2 7iii7 in any case in which an eligible employee receives an adverse determination from the employer 7or administering entity7 with respect to comprehensive paid leave benefits under the program described in subparagraph 7,c77ii7-- 7,i7 to provide opportunity for the eligible employee to appeal such adverse determination to the employer 7or administering entity72 and 7,,ii7 in any case in which the eligible employee elects to appeal the results of such initial appeal to the ,commissioner pursuant to section #bbje7;a77#a77;,b7 and the final decision of the ,commissioner is in the eligible employee's favor1 to provide for the payment of such comprehensive paid leave benefits in addition to the costs to the ,commissioner of such secondary appeal2 7iv7 to provide annual notice to all eligible employees stating that their employment is covered employment under an employer-sponsored program 7as defined in subsection 7g77 and informing them of the right to appeal any adverse determination with respect to comprehensive paid leave benefits under the program described in subparagraph 7,c77ii72 and 7v7 not to impose any fee on any eligible employee related to ensuring coverage1 or to the receipt of comprehensive paid leave benefits1 under the program described in subparagraph 7,c77ii74 7,c7 ,application2 submission of required information ,not later than the certification deadline specified in paragraph 7#b77;,a7 for such calendar year1 the employer-- 7i7 notifies the ,commissioner that the employer intends to seek a grant under this section for such calendar year2 7ii7 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 7c7 and1 not later than the submission deadline specified in paragraph 7#b77;,b7 for such calendar year1 provides all documentation relating to such program as the ,commissioner may request2 and 7iii7 pays an application fee to the ,commissioner in accordance with this subparagraph1 such amounts to remain available to the ,commissioner without further appropriation1 in addition to amounts otherwise available1 to administer this section and appeals described in section #bbje7;a77#a77;,b74 ,in the case of an initial application1 the application fee under this subparagraph shall be #ejj for an employer with #ej or fewer employees1 #a1jjj for an employer with more than #ej but fewer than #ejj employees1 and #b1jjj for an employer with #ejj or more employees4 ,in the case of a renewed application1 the application fee under this subparagraph shall be #bjj4 7,d7 ,approval by the ,commissioner ,the comprehensive paid leave benefit program referred to in subparagraph 7,c77ii7 is subsequently approved by the ,commissioner as meeting all applicable requirements4 7,e7 ,information submission requirement ,at the time of application for such grant for each calendar year1 the employer-- 7i7 submits to the ,commissioner-- 7,i7 an attestation that the comprehensive paid leave benefit program referred to in subparagraph 7,c77ii7 will remain in effect during the whole of such calendar year 7or1 in the case of a program not in effect at the beginning of such calendar year1 an attestation that such program will remain in effect until the end of such calendar year72 and 7,,ii7 with respect to each eligible employee of the employer whose employment is covered employment under the employer-sponsored program 7as defined in subsection 7g77 for such calendar year1 the eligible employee's name1 information to establish the eligible employee's identity1 and in the case of a part-time eligible employee 7for purposes of determining the number of eligible employees 7pro-rated for part-time eligible employees7 covered under the program for such calendar year under subsection 7a77#a77;,b771 the number of hours the eligible employee regularly works in a week2 and 7ii7 agrees to submit information to the ,commissioner as described in subsection 7e74 7,f7 ,maintenance of records ,the employer agrees to retain all records relating to the employer's comprehensive paid leave benefit program for not less than #c years4 7,g7 ,additional grant requirements ,as a condition of the grant1 the employer 7or administering entity7 does not-- 7i7 interfere with1 restrain1 or deny the exercise of1 or the attempt to exercise1 any right provided under the program described in subparagraph 7,c77ii72 or 7ii7 discharge1 or in any other manner discriminate against1 any eligible employee for opposing any practice prohibited by such program4 7,h7 ,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 7or by a third party administrator on behalf of the employer7-- 7i7 such employer employs at least #ej eligible employees2 and 7ii7 such benefits are guaranteed by a surety bond held by the employer4 7#b7 ,timing of application 7,a7 ,certification ,the certification deadline specified in this subparagraph for a calendar year is the date that is #ij days before the beginning of the calendar year1 or1 if later1 the date that is #ij days before a plan described in paragraph 7#a77;,c77ii7 first goes into effect4 7,b7 ,submission of documentation ,the submission deadline specified in this subparagraph for a calendar year is the date that is #de days before the beginning of the calendar year1 or1 if later1 the date that is #de days before a plan described in paragraph 7#a77;,c77ii7 first goes into effect4 7c7 ,employer program requirements 7#a7 ,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 7#b7 that provides for the payment1 through one or more employee benefit plans1 of family and medical leave benefits 7in addition to any paid vacation1 paid sick leave1 or paid consolidated leave otherwise provided71 which may be guaranteed through an insurer or provided through a multiemployer plan and which may be administered by an insurer1 multiemployer plan1 or by another third-party entity1 that includes each element described in subparagraphs 7,a7 through 7,h7 of paragraph 7#b71 and under which the employer provides for each of the following3 7,a7 ,each of the additional grant conditions described in subsection 7b77#a77;,b74 7,b7 ,each of the requirements described in subsection 7b77#a77;,g74 7,c7 ,submission of information to the ,commissioner as described in subsection 7e74 7#b7 ,comprehensive paid leave plan requirements for grantees ,as a condition of a grant under this section1 the written employer policy referred to in paragraph 7#a7 shall provide comprehensive paid leave benefits-- 7,a7 to all eligible employees of the employer1 regardless of length of service1 job type1 membership in a labor organization1 seniority status1 or any other employee classification2 7,b7 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 #bbjb 7without regard to section #bbjb7;c77#b77;,c772 7,c7 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 7without regard to such section72 7,d7 for all qualifying reasons 7as described in subparagraphs 7,a71 7,b71 and 7,c7 of section #bbaj7f771 regardless of any pre-existing medical conditions2 7,e7 for leave which may be taken intermittently or on a reduced leave schedule2 7,f7 that does not impose any fee on any eligible employee related to ensuring coverage for1 or to the receipt of1 such benefits2 7,g7 which must be paid not less frequently than monthly2 and 7,h7 for which any information contained in an application for such benefits shall be presumed to be true and accurate1 unless the employer 7or administering entity7 demonstrates by a preponderance of the evidence that information contained in the application is false4 7#c7 ,national average cost ,not later than ,october #a of the calendar year before each calendar year beginning with #bjbd1 the ,commissioner shall determine and publish the projected national average cost per individual of providing comprehensive paid leave benefits under section #bbjb for such calendar year1 such cost to be determined by dividing the total cost of benefits under such section for such calendar year 7including the costs to the ,commissioner to administer such benefits1 not to exceed 7for purposes of calculating the national average cost under this paragraph7 #g percent of the total amount of such benefits paid7 by the number of individuals-- 7,a7 who have wages or self-employment income at any time during such calendar year2 and 7,b7 whose employment in a regular workweek 7within the meaning of section #bbjc7;d77 includes employment that is not covered employment under an employer-sponsored program 7as defined in subsection 7g7 of this section7 or covered employment under the law of a legacy ,state 7as defined in section #bbjh7;c774 7d7 ,timing of payment2 penalty for late filing 7#a7 ,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 7a77#a7 shall be paid by the ,commissioner not later than #cj days after the beginning of such calendar year4 7#b7 ,self-insured employers ,a grant paid under this section for a calendar year to an eligible employer described in subsection 7a77#b7 shall be paid by the ,commissioner not later than ,march #ca of the calendar year succeeding such calendar year4 7#c7 ,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 7b77#b77;,b7-- 7,a7 the grant for such calendar year for such employer shall not be paid until #de days after the date of payment otherwise specified in paragraph 7#a7 or 7#b71 as applicable2 and 7,b7 the amount of such grant shall be reduced by #b percent for each #g days by which such submission deadline is exceeded4 7e7 ,information submission ,as a condition of receiving a grant under subsection 7a7 for a calendar year1 an employer shall provide the ,commissioner with information1 at such times and in such manner as required by the ,commissioner1 concerning eligible employees who received a paid leave benefit under the comprehensive paid leave benefit program of the employer1 including each eligible employee's name1 information to establish the eligible employee's identity1 dates for which such paid leave benefits were paid1 the amount of such paid leave benefit1 and1 to the extent available1 such other information concerning such eligible employees as needed for the purpose of carrying out this section and section #bbjb7;c77#b77;,c71 and for otherwise carrying out the provisions of this title4 7f7 ,enforcement and grant recovery 7#a7 ,in general ,the ,commissioner shall conduct periodic reviews of employers receiving grants under this section 7and of entities administering such programs74 ,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 7or administering entity7 has violated any requirement of this section1 may require the employer to repay the full amount of such grant1 and may disqualify an employer from receiving subsequent grants 7or an administering entity from administering programs7 under this section in the case of repeated violations4 7#b7 ,penalties relating to appeals ,in any case in which the ,commissioner determines that a pattern exists with respect to an employer 7or administering entity7 in which the employer 7or administering entity7 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 #bbje7;a77#a77;,b71 the ,commissioner may impose penalties on the employer 7or administering entity71 which may include requiring the employer to repay the full amount of such grant and a reduction in1 or disqualification from1 receiving subsequent grants 7or an entity from administering programs7 under this section4 7#c7 ,penalties on administering entities ,in the case of a third-party entity administering a comprehensive paid leave benefit program of an employer1 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 #cj days after the date on which such penalty has been imposed4 ,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 employers1 the ,commissioner may disqualify such entity from administering employer-sponsored programs receiving subsequent grants under this section4 7#d7 ,employer and administrator appeals ,an employer 7or administering entity7 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 #fj days after the date of such decision4 7g7 ,covered employment under an employer-sponsored program ,for purposes of this title1 the term covered employment under an employer-sponsored program-- 7#a7 means employment with an eligible employer sponsoring a comprehensive paid leave benefit program that meets the requirements of subsection 7c7 during a calendar year for which the eligible employer receives a grant under subsection 7a72 and 7#b7 does not include covered employment under the law of a legacy ,state 7as defined in section #bbjh7;c774 7h7 ,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 section4 #bbaj4 ,definitions ,for purposes of this title3 7#a7 ,commissioner ,the term ,commissioner means the ,commissioner of ,social ,security4 7#b7 ,eligibility ,with respect to any reference in this title to an individual's eligibility or ineligibility for comprehensive paid leave benefits under section #bbjb7;a7 for a month1 an individual shall be considered to be eligible for such benefits for such month if1 upon filing an application for such benefits for such month1 the individual would be entitled to such benefits for such month4 7#c7 ,group health plan ,the term group health plan has the meaning given such term in section #ejjj7;b77#a7 of the ,internal ,revenue ,code of #aihf4 7#d7 ,multiemployer plan ,the term multiemployer plan has the meaning given such term in section #c7cg7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7cg774 7#e7 ,national average wage index ,the term national average wage index has the meaning given such term in section #bji7k77#a74 7#f7 ,qualifying reason ,the term #8qualifying reason' means1 with respect to any determination of whether an individual is engaged in qualified caregiving under section #bbjb7;c77#b77;,a71 any of the following3 7,a7 ,a reason described in subparagraph 7,a7 or 7,b7 of section #ajb7;a77#a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a77#a77 7applied for purposes of this paragraph as if the individual involved were the employee referred to in such section74 7,b7 7i7 ,in order to care for a qualified family member of the individual1 if such qualified family member has a serious health condition4 7ii7 ,for purposes of clause 7i7-- 7,i7 the term qualified family member means1 with respect to an individual-- 7aa7 a spouse 7including a domestic partner in a civil union or other registered domestic partnership recognized by a ,state7 and a spouse's parent2 7bb7 a child and a child's spouse2 7cc7 a parent and a parent's spouse2 7dd7 a sibling and a sibling's spouse2 7ee7 a grandparent1 a grandchild1 or a spouse of a grandparent or grandchild2 and 7ff7 any other individual who is related by blood or affinity and whose association with the individual involved is equivalent of a family relationship2 and 7,,ii7 the term serious health condition has the meaning given such term in section #aja7aa7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa7aa77 4 7,c7 ,because of a serious health condition 7as defined in subparagraph 7,b77ii77,,ii77 that makes the individual unable to satisfy the requirements needed to continue receiving 7or in the case of an individual no longer employed1 to resume receiving7 the wages or self-employment income described in section #bbjb7;a77#c74 7#g7 ,reasonable documentation ,the term reasonable documentation means the information that is required to be stated under subsection 7b7 of section #ajc of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfac74 7#h7 ,self-employment income ,the term self-employment income has the meaning given the term in section #adjb7;b7 of the ,internal ,revenue ,code of #aihf for purposes of the taxes imposed by section #adja7;b7 of such ,code4 ,for purposes of section #bbjb7;a7 and #bbjc7;b77#c71 the ,commissioner shall determine rules for the crediting of self-employment income to calendar quarters1 under which-- 7,a7 in the case of a taxable year which is a calendar year1 self-employment income shall be credited equally to each quarter of such calendar year2 and 7,b7 in the case of any other taxable year1 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 year4 7#i7 ,state ,the term ,state means any ,state of the ,united ,states or the ,district of ,columbia or any territory or possession of the ,united ,states4 7#aj7 ,wages ,the term wages has the meaning given such term in section #caba7;a7 of the ,internal ,revenue ,code of #aihf for purposes of the taxes imposed by sections #caja7;b7 and #caaa7;b7 of such ,code 7without regard to section #caba7u77#b77;,c7 of such ,code71 except that such term also includes-- 7,a7 compensation1 as defined in section #cbca7;e7 of such ,code for purposes of the ,railroad ,retirement ,tax ,act2 and 7,b7 unemployment compensation1 as defined in section #he7;b7 of such ,code4 7#aa7 ,week ,the term week means a #g-;day period beginning on a ,sunday4 4 #acjjjb4 ,access to wage information from the ,national ,directory of ,new ,hires for the purpose of administering comprehensive paid leave ,section #dec7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fec7;j77 is amended by adding at the end the following3 7#ab7 ,information comparisons and disclosure to assist in administration of title ,,xxii 7,a7 ,furnishing of information by the ,commissioner of ,social ,security ,the ,commissioner of ,social ,security shall furnish to the ,secretary1 on such periodic basis as determined by the ,commissioner of ,social ,security in consultation with the ,secretary1 information in the custody of the ,commissioner of ,social ,security for comparison with information in the ,national ,directory of ,new ,hires1 in order to obtain information in such ,directory with respect to individuals for purposes of administering title ,,xxii4 7,b7 ,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 ,,xxii4 7,c7 ,duties of the ,secretary 7i7 ,information disclosure ,the ,secretary1 in cooperation with the ,commissioner of ,social ,security1 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 7,a71 and shall disclose information in such ,directory regarding such individuals to the ,commissioner of ,social ,security1 in accordance with this paragraph1 for the purposes specified in this paragraph4 7ii7 ,condition on disclosure ,the ,secretary shall make disclosures in accordance with clause 7i7 only to the extent that the ,secretary determines that such disclosures do not interfere with the effective operation of the program under this part4 7,d7 ,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 ,,xxii1 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 title4 7,e7 ,disclosure of information by the ,commissioner of ,social ,security 7i7 ,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 7,a74 7ii7 ,conditions on disclosure ,disclosures under this subparagraph shall be-- 7,i7 made in accordance with data security and control policies established by the ,commissioner of ,social ,security and approved by the ,secretary2 7,,ii7 subject to audit in a manner satisfactory to the ,secretary2 and 7,,iii7 subject to the sanctions under subsection 7l77#b74 7iii7 ,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 7,a71 subject to the conditions in clause 7ii7 and such additional conditions as agreed to by the ,secretary and the ,commissioner of ,social ,security4 7,f7 ,reimbursement of ,,hhs costs 4 ,the ,commissioner of ,social ,security shall reimburse the ,secretary1 in accordance with subsection 7k77#c71 for the costs incurred by the ,secretary in furnishing the information requested under this paragraph4 4 #acjjjc4 ,access to self-employment income information for paid leave administration 7a7 ,in general ,section #fajc7l7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#bc7 ,disclosure of certain return information to carry out paid family and medical leave benefit program 7,a7 ,in general ,the ,secretary shall1 upon written request1 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 to1 or the correct amount of1 a paid family and medical leave benefit under title ,,xxii of the ,social ,security ,act4 ,such information shall be limited to-- 7i7 the taxpayer identity information with respect to the taxpayer1 7ii7 the self-employment income of the taxpayer1 7iii7 the taxable year to which such self-employment income relates1 and 7iv7 if applicable1 the fact that any of the preceding information is unavailable4 7,b7 ,restriction on disclosure ,return information disclosed under subparagraph 7,a7 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 ,act4 7,c7 ,self-employment income ,for purposes of this paragraph1 the term self-employment income has the meaning given such term in section #adjb7;b7 for purposes of the taxes imposed by section #adja7;b74 4 7b7 ,application of safeguards ,section #fajc7p77#d7 of such ,code is amended by striking or 7#bb7 in the matter preceding subparagraph 7,a7 and in subparagraph 7,f77ii7 and inserting 7#bb71 or 7#bc74 #acjjjd4 ,certain comprehensive paid leave benefits excluded from gross income 7a7 ,in general ,part ,,iii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #aci;,i the following new section3 #aci;,j4 ,certain comprehensive paid leave benefits ,in the case of an individual1 gross income shall not include any amount received by the taxpayer by reason of entitlement to a comprehensive paid leave benefit under section #bbjb7;a7 of the ,social ,security ,act4 4 7b7 ,clerical amendment ,the table of sections for part ,,iii of subchapter ,b of chapter #a of such ,code is amended by inserting after the item relating to section #aci;,i the following new item3 ,sec4 #aci;,j4 ,certain comprehensive paid leave benefits4 4 ,b ,miscellaneous ,health ,items #acbjjj4 ,registered professional nurses 7a7 ,medicare ,section #ahai7;b77#d77;,c77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;b77#d77;,c77i77 is amended by striking registered professional nurse and all that follows through the period at the end and inserting the following3 registered professional nurse1 with respect to such services furnished-- 7,i7 before ,october #a1 #bjbd1 at least #h consecutive hours a day1 #g days a week2 and 7,,ii7 on or after such date1 #bd hours a day1 #g days a week4 4 7b7 ,medicaid ,section #aiai7;b77#d77;,c77i77,,ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr7b77#d77;,c77i77,,ii77 is amended by striking registered professional nurse and all that follows through the period at the end and inserting the following3 registered professional nurse1 with respect to such services furnished-- 7aa7 before ,october #a1 #bjbd1 at least #h consecutive hours a day1 #g days a week2 and 7bb7 on or after such date1 #bd hours a day1 #g days a week4 4 #acbjja4 ,permanent ,extension of the independence at home medical practice demonstration program ,section #ahff;,e of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;cc-#e7 is amended by adding at the end the following new subsection3 7j7 ,permanent demonstration program 7#a7 ,in general ,notwithstanding subsection 7e77#a7 and subject to paragraph 7#b71 beginning on the date of enactment of this subsection1 the ,secretary shall conduct the demonstration program on a permanent basis4 7#b7 ,adjustments ,in conducting the demonstration program on a permanent basis pursuant to paragraph 7#a71 the preceding provisions of this section shall apply except that1 beginning on the date of enactment of this subsection1 the following shall apply3 7,a7 ,notwithstanding paragraphs 7#a7 and 7#e7 of subsection 7e7-- 7i7 there shall be no limit on the number of qualified independence at home medical practices or applicable beneficiaries that may participate in the demonstration program2 and 7ii7 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 subsection4 7,b7 ,in applying subsection 7c71 any applicable beneficiary that participates in the demonstration program1 including by reason of the elimination under subparagraph 7,a7 of the limit on the number of applicable beneficiaries who may participate1 shall be taken into account in establishing any-- 7i7 estimated annual spending target under subsection 7c77#a72 and 7ii7 incentive payment under subsection 7c77#b74 7#c7 ,funding ,in addition to amounts otherwise available1 there is appropriated to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #fj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for purposes of administering and carrying out the demonstration program1 other than for payments for items and services furnished under this title and incentive payments under subsection 7c74 4 ,c ,trade adjustment assistance #accjja4 ,short title ,this subtitle may be cited as the ,trade ,adjustment ,assistance ,modernization ,act of #bjba4 #accjjb4 ,application of provisions relating to trade adjustment assistance 7a7 ,effective date2 applicability ,except as otherwise provided in this subtitle1 the provisions of chapters #b through #f of title ,,ii of the ,trade ,act of #aigd1 as in effect on ,june #cj1 #bjba1 and as amended by this subtitle1 shall-- 7#a7 take effect on the date of the enactment of this ,act2 and 7#b7 apply with respect to petitions for certification filed under chapter #b1 #c1 #d1 or #f of title ,,ii of the ,trade ,act of #aigd on or after such date of enactment4 7b7 ,reference ,except as otherwise provided in this subtitle1 whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a provision of chapters #b through #f of title ,,ii of the ,trade ,act of #aigd1 the reference shall be considered to be made to a provision of any such chapter1 as in effect on ,june #cj1 #bjba4 7c7 ,repeal of snapback ,section #djf of the ,trade ,adjustment ,assistance ,reauthorization ,act of #bjae 7,public ,law #aad-bg2 #abi ,stat4 #cgi7 is repealed4 #a ,trade adjustment assistance for workers #accaja4 ,filing petitions ,section #bba7;a77#a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga7;a77#a77 is amended-- 7#a7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,one or more workers in the group of workers4 2 and 7#b7 in subparagraph 7,c71 by striking or a ,state dislocated worker unit and inserting a ,state dislocated worker unit1 or workforce intermediaries1 including labor-management organizations that carry out re-employment and training services4 #accajb4 ,group eligibility requirements 7a7 ,in general ,section #bbb7;a77#b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7;a77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i71 by inserting 1 failed to increase1 or will decrease absolutely due to a scheduled or imminently anticipated1 long-term decrease in or reallocation of the production capacity of the firm after absolutely2 and 7,b7 in clause 7iii7-- 7i7 by striking to the decline and inserting to any decline or absence of increase2 and 7ii7 by striking or at the end2 7#b7 in subparagraph 7,b77ii71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,c7 7i7 the sales or production1 or both1 of such firm have decreased2 7ii7 7,i7 exports of articles produced or services supplied by such workers' firm have decreased2 or 7,,ii7 imports of articles or services necessary for the production of articles or services supplied by such firm have decreased2 and 7iii7 the decrease in exports or imports described in clause 7ii7 contributed to such workers' separation or threat of separation and to the decline in the sales or production of such firm4 4 7b7 ,repeal ,section #bbb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb7 is amended-- 7#a7 in subsections 7a7 and 7b71 by striking importantly each place it appears2 and 7#b7 in subsection 7c7-- 7,a7 by striking paragraph 7#a72 and 7,b7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#a7 through 7#c71 respectively4 7c7 ,eligibility of staffed workers and teleworkers ,section #bbb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb71 as amended by subsection 7b71 is further amended by adding at the end the following3 7f7 ,treatment of staffed workers and teleworkers 7#a7 ,in general ,for purposes of subsection 7a71 workers in a firm include staffed workers and teleworkers4 7#b7 ,definitions ,in this subsection3 7,a7 ,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 #bba1 even if the worker is directly employed by another firm4 7,b7 ,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 #bba4 4 #accajc4 ,application of determinations of eligibility to workers employed by successors-in-interest ,section #bbc of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgc7 is amended by adding at the end the following3 7f7 ,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 chapter1 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 firm4 4 #accajd4 ,provision of benefit information to workers ,section #bbe of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbge7 is amended-- 7#a7 in subsection 7a71 by inserting after the second sentence the following new sentence3 ,the ,secretary shall make every effort to provide such information and assistance to workers in their native language42 and 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,the ,secretary shall provide a second notice to a worker described in paragraph 7#a7 before the worker has exhausted all rights to any unemployment insurance to which the worker is entitled 7other than additional compensation described in section #bca7;a77#c77;,b7 funded by a ,state and not reimbursed from ,federal funds74 2 7,c7 in paragraph 7#c71 as redesignated by paragraph 7#a71 by striking newspapers of general circulation and inserting appropriate print or digital outlets2 and 7,d7 by adding at the end the following3 7#d7 ,for purposes of providing sustained outreach regarding the benefits available under this chapter to workers covered by a certification made under this subchapter1 the ,secretary may take any necessary actions1 including the following3 7,a7 ,collecting the email addresses and telephone numbers of such workers from the employers of such workers to provide sustained outreach to such workers4 7,b7 ,partnering with the certified or recognized union1 a community-based worker organization1 or other duly authorized representatives of such workers4 7,c7 ,hiring peer support workers to perform sustained outreach to other workers covered by that certification4 7,d7 ,using advertising methods and public information campaigns1 including social media1 in addition to notice published in print or digital outlets under paragraph 7#c74 4 #accaje4 ,qualifying requirements for workers 7a7 ,in general ,section #bca7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbia7;a77 is amended-- 7#a7 by striking paragraph 7#b72 7#b7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#b71 7#c71 and 7#d71 respectively2 and 7#c7 in paragraph 7#d7 7as redesignated71 by striking paragraphs 7#a7 and 7#b7 each place it appears and inserting paragraph 7#a74 7b7 ,conforming amendments 7#a7 ,section #bcb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbib7 is amended by striking section #bca7;a77#c77;,b7 each place it appears and inserting section #bca7;a77#b77;,b74 7#b7 ,section #bcc7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbic7;a77 is amended-- 7,a7 in paragraph 7#a71 by striking section #bca7;a77#c77;,a7 and inserting section #bca7;a77#b77;,a72 and 7,b7 in paragraph 7#b7-- 7i7 by striking adversely affected employment and all that follows through 7,a7 within and inserting adversely affected employment within2 7ii7 by striking 1 and and inserting a period2 and 7iii7 by striking subparagraph 7,b74 #accajf4 ,modification to trade readjustment allowances ,section #bcc of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbic7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by inserting after #ajd-week period the following3 7or1 in the case of an adversely affected worker who requires a program of prerequisite education or remedial education 7as described in section #bcf7;a77#e77;,d77 in order to complete training approved for the worker under section #bcf1 the #acj-week period72 7,b7 in paragraph 7#c71 by striking #fe additional weeks in the #gh-week period and inserting #gh additional weeks in the #ia-week period2 and 7,c7 in the flush text1 by striking #gh-week period and inserting #ia-week period2 7#b7 by striking subsection 7d72 and 7#c7 by amending subsection 7f7 to read as follows3 7f7 ,payment of trade readjustment allowances to complete training ,notwithstanding any other provision of this section1 in order to assist an adversely affected worker to complete training approved for the worker under section #bcf that includes a program of prerequisite education or remedial education 7as described in section #bcf7;a77#e77;,d771 and in accordance with regulations prescribed by the ,secretary1 payments may be made as trade readjustment allowances for up to #bf additional weeks in the #bf-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter4 4 #accajg4 ,automatic extension of trade readjustment allowances 7a7 ,in general ,part ,i of subchapter ,b of chapter #b of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbia-bbid7 is amended by inserting after section #bcc the following new section3 #bcc;,a4 ,automatic extension of trade readjustment allowances 7a7 ,in general ,notwithstanding the limitations under section #bcc7;a71 the ,secretary shall extend the period during which trade readjustment allowances are payable to an adversely affected worker who completes training approved under section #bcf by the ,secretary during a period of heightened unemployment with respect to the ,state in which such worker seeks benefits1 for the shorter of-- 7#a7 the #bf-week period beginning on the date of completion of such training2 or 7#b7 the period ending on the date on which the adversely affected worker secures employment4 7b7 ,job search required ,a worker shall only be eligible for an extension under subsection 7a7 if the worker is complying with the job search requirements associated with unemployment insurance in the applicable ,state4 7c7 ,period of heightened unemployment defined ,in this section1 the term period of heightened unemployment with respect to a ,state means a #ij-;day period during which1 in the determination of the ,secretary1 either of the following average rates equals or exceeds #e4e percent3 7#a7 ,the average rate of total unemployment in such ,state 7seasonally adjusted7 for the period consisting of the most recent #c-month period for which data for all ,states are published before the close of such period4 7#b7 ,the average rate of total unemployment in all ,states 7seasonally adjusted7 for the period consisting of the most recent #c-month period for which data for all ,states are published before the close of such period4 4 7b7 ,clerical amendment ,the table of contents for the ,trade ,act of #aigd is amended by inserting after the item relating to section #bcc the following3 ,sec4 #bcc;,a4 ,automatic extension of trade readjustment allowances4 4 #accajh4 ,employment and case management services ,section #bce of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbie7 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 by inserting after regional areas the following3 7including information about registered apprenticeship programs1 on-the-job training opportunities1 and other work-based learning opportunities72 and 7,b7 by inserting after suitable training the following3 1 information regarding the track record of a training provider's ability to successfully place participants into suitable employment2 7#b7 by redesignating paragraph 7#h7 as paragraph 7#aj72 and 7#c7 by inserting after paragraph 7#g7 the following3 7#h7 ,information related to direct job placement1 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 section4 7#i7 ,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 chapter1 especially such groups and members from underserved communities4 4 #accaji4 ,training ,section #bcf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbif7;a77 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,d71 by inserting 1 with a demonstrated ability to place participants into employment before the comma at the end2 7,b7 in paragraph 7#c71 by adding at the end before the period the following3 1 except that every effort shall be made to ensure that employment opportunities are available upon the completion of training2 and 7,c7 in paragraph 7#e7-- 7i7 in subparagraph 7,g71 by striking 1 and and inserting a comma2 7ii7 in subparagraph 7,h77ii71 by striking the period at the end and inserting 1 and2 and 7iii7 by adding at the end before the flush text the following3 7,i7 pre-apprenticeship training4 2 and 7#b7 by adding at the end the following3 7h7 ,reimbursement for out-of-pocket training expenses ,if the ,secretary approves training for a worker under paragraph 7#a7 of subsection 7a71 the ,secretary may reimburse the worker for out-of-pocket expenses relating to training program described in paragraph 7#e7 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 #bbb that covers the worker is issued4 4 #accaaj4 ,job search1 relocation1 and child care allowances 7a7 ,job search allowances ,section #bcg of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbig7 is amended-- 7#a7 in subsection 7a77#a71 by striking may use funds made available to the ,state to carry out sections #bce through #bch and inserting shall use1 from funds made available to the ,state to carry out sections #bce through #bch;,a1 such amounts as may be necessary2 7#b7 in subsection 7a77#b71 in the matter preceding subparagraph 7,a71 by striking may grant and inserting shall grant2 and 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking not more than #ij percent and inserting #ajj percent2 7,b7 in paragraph 7#b71 by striking #a1bej and inserting #b1jjj 7subject to adjustment under paragraph 7#d772 and 7,c7 by adding at the end the following2 7#d7 ,adjustment of maximum allowance limitation for inflation 7,a7 ,in general ,the ,secretary of ,labor shall adjust the maximum allowance limitation under paragraph 7#b7 on the date that is #cj days after the date of the enactment of this paragraph1 and at the beginning of each fiscal year thereafter1 to reflect the percentage 7if any7 of the increase in the average of the ,consumer ,price ,index for the preceding #ab-month period compared to the ,consumer ,price ,index for fiscal year #bjbj4 7,b7 ,special rules for calculation of adjustment ,in making an adjustment under subparagraph 7,a71 the ,secretary-- 7i7 shall round the amount of any increase in the ,consumer ,price ,index to the nearest dollar2 and 7ii7 may ignore any such increase of less than #a percent4 7,c7 ,consumer ,price ,index defined ,for purposes of this paragraph1 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 ,labor4 4 7b7 ,relocation allowances ,section #bch of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbih7 is amended-- 7#a7 in subsection 7a77#a71 by striking may use funds made available to the ,state to carry out sections #bce through #bch and inserting shall use1 from funds made available to the ,state to carry out sections #bce through #bch;,a1 such amounts as may be necessary2 7#b7 in subsection 7a77#b71 in the matter preceding subparagraph 7,a71 by striking may be granted and inserting shall be granted2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking not more than #ij percent and inserting #ajj percent2 and 7,b7 in paragraph 7#b71 by striking #a1bej and inserting #b1jjj 7subject to adjustment under subsection 7d772 and 7#d7 by adding at the end the following3 7d7 ,adjustment of maximum payment limitation for inflation 7#a7 ,in general ,the ,secretary of ,labor shall adjust the maximum payment limitation under subsection 7b77#b7 on the date that is #cj days after the date of the enactment of this subsection1 and at the beginning of each fiscal year thereafter1 to reflect the percentage 7if any7 of the increase in the average of the ,consumer ,price ,index for the preceding #ab-month period compared to the ,consumer ,price ,index for fiscal year #bjbj4 7#b7 ,special rules for calculation of adjustment ,in making an adjustment under paragraph 7#a71 the ,secretary-- 7,a7 shall round the amount of any increase in the ,consumer ,price ,index to the nearest dollar2 and 7,b7 may ignore any such increase of less than #a percent4 7#c7 ,consumer ,price ,index defined ,for purposes of this subsection1 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 ,labor4 4 7c7 ,child care allowances 7#a7 ,in general ,part ,,ii of subchapter ,b of chapter #b of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbie-bbih7 is amended by adding at the end the following3 #bch;,a4 ,child ,care ,allowances 7a7 ,child ,care ,allowances ,authorized 7#a7 ,in general ,each ,state shall use1 from funds made available to the ,state to carry out sections #bce through #bch;,a1 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 ,secretary1 and the ,secretary may grant the child care allowance1 subject to the terms and conditions of this section4 7#b7 ,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 employment1 by providing for the care of one or more of the minor dependents of the worker4 7b7 ,amount of ,allowance ,any child care allowance granted to a worker under subsection 7a7 shall not exceed #b1jjj per minor dependent per year4 7c7 ,adjustment of maximum allowance limitation for inflation 7#a7 ,in general ,the ,secretary of ,labor shall adjust the maximum allowance limitation under subsection 7b7 on the date that is #cj days after the date of the enactment of this subsection1 and at the beginning of each fiscal year thereafter1 to reflect the percentage 7if any7 of the increase in the average of the ,consumer ,price ,index for the preceding #ab-month period compared to the ,consumer ,price ,index for fiscal year #bjbj4 7#b7 ,special rules for calculation of adjustment ,in making an adjustment under paragraph 7#a71 the ,secretary-- 7,a7 shall round the amount of any increase in the ,consumer ,price ,index to the nearest dollar2 and 7,b7 may ignore any such increase of less than #a percent4 7#c7 ,consumer ,price ,index defined ,for purposes of this subsection1 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 ,labor4 4 7#b7 ,conforming amendments 7,a7 ,limitations on administrative expenses and employment and case management services ,section #bce;,a of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbie;a7 is amended in the matter preceding paragraph 7#a7 by striking through #bch and inserting through #bch;,a4 7,b7 ,training ,section #bcf7;a77#b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbif7;a77#b77 is amended-- 7i7 in subparagraph 7,a71 by striking and #bch and inserting #bch1 and #bch;,a2 7ii7 in subparagraph 7,b71 by striking and #bch each place it appears and inserting #bch1 and #bch;,a2 7iii7 in subparagraph 7,c77i71 by striking and #bch and inserting #bch1 and #bch;,a2 7iv7 in subparagraph 7,c77v71 by striking and #bch and inserting #bch1 and #bch;,a2 and 7v7 in subparagraph 7,e71 by striking and #bch each place it appears and inserting #bch1 and #bch;,a4 7#c7 ,clerical amendment ,the table of contents for the ,trade ,act of #aigd is amended by adding after the item relating to section #bch the following new item3 ,sec4 #bch;,a4 ,child care allowances4 4 #accaaa4 ,agreements with ,states 7a7 ,coordination ,section #bci7;f7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcaa7;f77 is amended-- 7#a7 by striking 7f7 ,any agreement and inserting the following3 7f7 7#a7 ,any agreement 2 and 7#b7 by adding at the end the following3 7#b7 ,in arranging for training programs to be carried out under this chapter1 each cooperating ,state agency shall1 among other factors1 take into account and measure the progress of the extent to which such programs-- 7,a7 achieve a satisfactory rate of completion and placement in jobs that provide a living wage and that increase economic security2 7,b7 assist workers in developing the skills1 networks1 and experiences necessary to advance along a career path2 7,c7 assist workers from underserved communities to establish a work history1 demonstrate success in the workplace1 and develop the skills that lead to entry into and retention in unsubsidized employment2 and 7,d7 adequately serve individuals who face the greatest barriers to employment1 including people with low incomes1 people of color1 immigrants1 persons with disabilities1 and formerly incarcerated individuals4 7#c7 ,each cooperating ,state agency shall facilitate joint cooperation between training programs1 representatives of workers1 employers1 and communities1 especially in underserved rural and urban regions1 to ensure a fair and engaging workplace that balances the priorities and well-being of workers with the needs of businesses4 7#d7 ,each cooperating ,state agency shall seek1 including through agreements and training programs described in this subsection1 to ensure the reemployment of adversely affected workers upon completion of training as described in section #bcf4 4 7b7 ,administration ,section #bci7;g7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcaa7;g77 is amended-- 7#a7 by redesignating-- 7,a7 paragraphs 7#a7 through 7#d7 as paragraphs 7#c7 through 7#f71 respectively2 and 7,b7 paragraph 7#e7 as paragraph 7#h72 7#b7 by inserting before paragraph 7#c7 7as redesignated7 the following3 7#a7 review each layoff of more than #e 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 chapter1 7#b7 perform sustained outreach to firms to facilitate and assist with filing petitions under section #bba and collecting necessary supporting information1 2 7#c7 in paragraph 7#c7 7as redesignated71 by striking who applies for unemployment insurance of and inserting identified under paragraph 7#a7 of unemployment insurance benefits and2 7#d7 in paragraph 7#d7 7as redesignated71 by inserting and assist with after facilitate2 7#e7 in paragraph 7#f7 7as redesignated71 by striking and at the end2 7#f7 by inserting after paragraph 7#f7 7as redesignated7 the following3 7#g7 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 plan1 in consultation with the ,secretary1 for addressing common barriers to receiving services that such workers have faced1 2 7#g7 in paragraph 7#h7 7as redesignated71 by striking funds provided to carry out this chapter are insufficient to make such services available1 make arrangements to make such services available through other ,federal programs and inserting support services are needed beyond what this chapter can provide1 make arrangements to coordinate such services available through other ,federal programs 2 and 7#h7 by adding at the end the following3 7#i7 develop a strategy to engage with local workforce development institutions1 including local community colleges and other educational institutions1 and 7#aj7 develop a comprehensive strategy to provide agency staffing to support the requirements of paragraphs 7#a7 through 7#i74 4 7c7 ,staffing ,section #bci of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcaa7 is amended by striking subsection 7k7 and inserting the following3 7k7 ,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 7other than functions that are not inherently governmental7 to carry out the trade adjustment assistance program under this chapter shall be a ,state employee covered by a merit system of personnel administration4 4 #accaab4 ,reemployment trade adjustment assistance program ,section #bdf7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcah7;a77 is amended-- 7#a7 in paragraph 7#c77;,b77ii71 by striking #ej1jjj and inserting #gj1jjj 7subject to adjustment under paragraph 7#h772 7#b7 in paragraph 7#e77;,b77i71 by striking #aj1jjj and inserting #bj1jjj 7subject to adjustment under paragraph 7#h772 and 7#c7 by adding at the end the following3 7#h7 ,adjustment of salary limitation and total amount of payments for inflation 7,a7 ,in general ,the ,secretary of ,labor shall adjust the salary limitation under paragraph 7#c77;,b77ii7 and the amount under paragraph 7#e77;,b77i7 on the date that is #cj days after the date of the enactment of this paragraph1 and at the beginning of each fiscal year thereafter1 to reflect the percentage 7if any7 of the increase in the average of the ,consumer ,price ,index for the preceding #ab-month period compared to the ,consumer ,price ,index for fiscal year #bjbj4 7,b7 ,special rules for calculation of adjustment ,in making an adjustment under subparagraph 7,a71 the ,secretary-- 7i7 shall round the amount of any increase in the ,consumer ,price ,index to the nearest dollar2 and 7ii7 may ignore any such increase of less than #a percent4 7,c7 ,consumer ,price ,index defined ,for purposes of this paragraph1 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 ,labor4 4 #accaac4 ,extension of trade adjustment assistance to public agency workers 7a7 ,definitions ,section #bdg of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcai7 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking ,the and inserting ,subject to section #bbb7;d77#e71 the2 and 7,b7 in subparagraph 7,a71 by striking or service sector firm and inserting 1 service sector firm1 or public agency2 and 7#b7 by adding at the end the following3 7#bj7 ,the term public agency means a department or agency of a ,state or local government or of the ,federal ,government4 4 7b7 ,group eligibility requirements ,section #bbb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbgb71 as amended by subsections 7b7 and 7c7 of section #accajb1 is further amended-- 7#a7 by redesignating subsections 7c71 7d71 7e71 and 7f7 as subsections 7d71 7e71 7f71 and 7g71 respectively2 7#b7 by inserting after subsection 7b7 the following3 7c7 ,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 #bba if the ,secretary determines that-- 7#a7 a significant number or proportion of the workers in the public agency have become totally or partially separated1 or are threatened to become totally or partially separated2 7#b7 the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency2 and 7#c7 the acquisition of services described in paragraph 7#b7 contributed to such workers' separation or threat of separation4 2 7#c7 in subsection 7d7 7as redesignated71 by adding at the end the following3 7#e7 ,reference to firm ,for purposes of subsections 7a7 and 7b71 the term firm does not include a public agency4 2 and 7#d7 in paragraph 7#b7 of subsection 7e7 7as redesignated71 by striking subsection 7a7 or 7b7 and inserting subsection 7a71 7b71 or 7c74 #accaad4 ,definitions 7a7 ,extension of adjustment assistance for workers to territories ,section #bdg7g7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcai7g77 is amended-- 7#a7 by inserting 1 ,guam1 the ,virgin ,islands of the ,united ,states1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 after ,district of ,columbia2 and 7#b7 by striking such ,commonwealth4 and inserting such territories44 7b7 ,underserved community ,section #bdg of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcai71 as amended by section #accaac7;a71 is further amended by adding at the end the following3 7#ba7 ,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 economic1 social1 or civic life1 such as ,black1 ,latino1 and ,indigenous and ,native ,american persons1 ,asian ,americans and ,pacific ,islanders1 other persons of color1 members of other minority communities1 persons with disabilities1 persons who live in rural areas1 and other populations otherwise adversely affected by persistent poverty or inequality4 4 #accaae4 ,requirements for certain territories ,section #bdh of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcbj7 is amended by adding at the end the following3 7c7 ,requirements for certain territories ,the ,secretary shall establish such requirements as may be necessary and appropriate to modify the requirements of this chapter1 including requirements relating to eligibility for trade readjustment allowances1 to address the particular circumstances of ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands in implementing and carrying out this chapter4 4 #accaaf4 ,subpoena power ,section #bdi of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcba7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 ,the authority under the preceding sentence includes the authority of ,states to require1 by subpoena1 a firm to provide information on workers employed by1 or totally or partially separated from1 the firm that is necessary to make a determination under this chapter or to provide outreach to workers1 including the names and address of workers42 and 7#b7 by adding at the end the following3 7c7 ,enforcement of subpoenas by states ,a ,state may enforce compliance with a subpoena issued under subsection 7a7-- 7#a7 as provided for under ,state law2 and 7#b7 by petitioning an appropriate ,united ,states district court for an order requiring compliance with the subpoena4 4 #b ,trade adjustment assistance for firms #accbja4 ,petitions and determinations ,section #bea of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcda7 is amended-- 7#a7 in the second sentence of subsection 7a71 by striking ,upon and inserting ,not later than #ae days after2 7#b7 by amending subsection 7c7 to read as follows3 7c7 7#a7 ,the ,secretary shall certify a firm 7including any agricultural firm or service sector firm7 as eligible to apply for adjustment assistance under this chapter if the ,secretary determines-- 7,a7 7i7 that a significant number or proportion of the workers in such firm have become totally or partially separated1 or are threatened to become totally or partially separated1 or 7ii7 that-- 7,i7 sales or production1 or both1 of the firm have decreased absolutely or failed to increase1 7,,ii7 sales or production1 or both1 of an article or service that accounted for not less than #be percent of the total sales or production of the firm during the #ab-month period preceding the most recent #ab-month period for which data are available have decreased absolutely or failed to increase1 7,,iii7 sales or production1 or both1 of the firm during the most recent #ab-month period for which data are available have decreased or failed to increase compared to-- 7aa7 the average annual sales or production for the firm during the #bd-month period preceding that #ab-month period1 or 7bb7 the average annual sales or production for the firm during the #cf-month period preceding that #ab-month period1 or 7,,iv7 sales or production1 or both1 of an article or service that accounted for not less than #be percent of the total sales or production of the firm during the most recent #ab-month period for which data are available have decreased or failed to increase compared to-- 7aa7 the average annual sales or production for the article or service during the #bd-month period preceding that #ab-month period1 or 7bb7 the average annual sales or production for the article or service during the #cf-month period preceding that #ab-month period1 and 7,b7 7i7 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 separation1 or threat thereof1 or to such decline or failure to increase in sales or production1 or 7ii7 decreases in exports of articles produced or services supplied by such firm1 or imports of articles or services necessary for the production of articles or services supplied by such firm1 contributed to such total or partial separation1 or threat thereof1 or to such decline in sales or production4 7#b7 ,for purposes of paragraph 7#a77;,b73 7,a7 ,any firm which engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas4 7,b7 ,any firm that engages in exploration or drilling for oil or natural gas1 or otherwise produces oil or natural gas1 shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas4 2 and 7#c7 in subsection 7d7-- 7,a7 by striking this section1 and inserting this section42 and 7,b7 by striking but in any event and all that follows and inserting the following3 ,if the ,secretary does not make a determination with respect to a petition within #ee days after the date on which an investigation is initiated under subsection 7a7 with respect to the petition1 the ,secretary shall be deemed to have certified the firm as eligible to apply for adjustment assistance under this chapter44 #accbjb4 ,approval of adjustment proposals ,section #beb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcdb7 is amended-- 7#a7 in the second sentence of subsection 7a71 by adding at the end before the period the following3 and an assessment of the potential employment outcomes of such proposal2 7#b7 in subsection 7b77#a77;,b71 by striking gives adequate consideration to and inserting is in2 7#c7 by redesignating subsection 7c7 as subsection 7d72 and 7#d7 by inserting after subsection 7b7 the following3 7c7 ,amount of assistance 7#a7 ,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 #cjj1jjj1 subject to adjustment under paragraph 7#b7 and the matching requirement under paragraph 7#c74 7#b7 ,adjustment of assistance limitation for inflation 7,a7 ,in general ,the ,secretary of ,commerce shall adjust the technical assistance limitation under paragraph 7#a7 on the date that is #cj days after the date of the enactment of this paragraph1 and at the beginning of each fiscal year thereafter1 to reflect the percentage 7if any7 of the increase in the average of the ,consumer ,price ,index for the preceding #ab-month period compared to the ,consumer ,price ,index for fiscal year #bjbj4 7,b7 ,special rules for calculation of adjustment ,in making an adjustment under subparagraph 7,a71 the ,secretary-- 7i7 shall round the amount of any increase in the ,consumer ,price ,index to the nearest dollar2 and 7ii7 may ignore any such increase of less than #a percent4 7,c7 ,consumer ,price ,index defined ,for purposes of this paragraph1 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 ,labor4 7#c7 ,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 7#a74 4 #accbjc4 ,technical assistance ,section #bec7;a77#c7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcdc7;a77#c77 is amended by adding at the end before the period the following3 1 including assistance to provide skills training programs to employees of the firm4 #accbjd4 ,definitions ,section #bei of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcea7 is amended by adding at the end the following3 7#c7 ,underserved community ,the term underserved community has the meaning given that term in section #bdg4 4 #accbje4 ,plan for sustained outreach to potentially-eligible firms 7a7 ,in general ,chapter #c of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcda-bcee7 is amended by adding at the end the following3 #bfc4 ,plan for sustained outreach to potentially-eligible firms 7a7 ,in general ,the ,secretary shall develop a plan to provide sustained outreach to firms that may be eligible for adjustment assistance under this chapter4 7b7 ,matters to be included ,the plan required by paragraph 7#a7 shall include the following3 7#a7 ,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 #afc7;c74 7#b7 ,outreach to such firms in the service sector4 7#c7 ,outreach to such firms that are small businesses4 7#d7 ,outreach to such firms that are minority- or women-owned firms4 7#e7 ,outreach to such firms that employ a majority or a substantial percentage of workers from underserved communities4 7c7 ,updates ,the ,secretary shall update the plan required under this section on an annual basis4 7d7 ,submission to ,congress ,the ,secretary shall submit the plan and each update to the plan required under this section to ,congress4 4 7b7 ,clerical amendment ,the table of contents for the ,trade ,act of #aigd is amended by inserting after the item relating to section #bfb the following new item3 ,sec4 #bfc4 ,plan for sustained outreach to potentially-eligible firms4 4 #c ,trade ,adjustment ,assistance for ,communities and ,community ,colleges #acccja4 ,trade adjustment assistance for communities 7a7 ,in general ,chapter #d of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcga-bcgb7 is amended-- 7#a7 by inserting after the chapter heading the following3 ,b ,trade ,adjustment ,assistance for ,community ,colleges and ,career ,training 2 and 7#b7 by redesignating sections #bga and #bgb as sections #bgi and #bgi;,a1 respectively2 and 7#c7 by inserting before subchapter ,b 7as designated by paragraph 7#a77 the following3 ,a ,trade ,adjustment ,assistance for ,communities #bga4 ,definitions ,in this subchapter3 7#a7 ,agricultural commodity producer ,the term agricultural commodity producer has the meaning given that term in section #bia4 7#b7 ,community ,the term community means-- 7,a7 a city or other political subdivision of a ,state1 including a special purpose unit of a ,state or local government engaged in economic or infrastructure development activities1 or a consortium of political subdivisions2 7,b7 an ,economic ,development ,district designated by the ,economic ,development ,administration of the ,department of ,commerce2 or 7,c7 an ,indian ,tribe4 7#c7 ,eligible community ,the term eligible community means a community that is impacted by trade under section #bgc7;a77#b7 and is determined to be eligible for assistance under this subchapter4 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 an eligible community2 7,b7 an institution of higher education or a consortium of institutions of higher education2 or 7,c7 a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a ,state4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#f7 ,underserved community ,the term underserved community has the meaning given that term in section #bdg4 #bgb4 ,establishment of trade adjustment assistance for communities program ,the ,secretary1 acting through the ,assistant ,secretary for ,economic ,development1 shall1 not later than #ahj days after the date of enactment of this subchapter1 establish a program to provide communities impacted by trade with assistance in accordance with the requirements of this subchapter4 #bgc4 ,eligibility2 notification of eligibility 7a7 ,eligibility 7#a7 ,in general ,a community shall be eligible for assistance under this subchapter if the community is a community impacted by trade under paragraph 7#b74 7#b7 ,community impacted by trade ,a community is impacted by trade if it meets each of the following requirements3 7,a7 ,one or more of the following certifications are made with respect to the community3 7i7 ,by the ,secretary of ,labor1 that a group of workers located in the community is eligible to apply for assistance under section #bbc4 7ii7 ,by the ,secretary of ,commerce1 that a firm located in the community is eligible to apply for adjustment assistance under section #bea4 7iii7 ,by the ,secretary of ,agriculture1 that a group of agricultural commodity producers located in the community is eligible to apply for adjustment assistance under section #bic4 7,b7 ,the community-- 7i7 applies for assistance not later than #ahj days after the date on which the most recent certification described in subparagraph 7,a7 is made2 or 7ii7 in the case of a community with respect to which one or more such certifications were made on or after ,january #a1 #aiid1 and before the date of the enactment of this subchapter1 applies for assistance not later than ,september #cj1 #bjbd4 7,c7 ,the community-- 7i7 has a per capita income of #hj percent or less of the national average2 7ii7 has a history of economic distress and long-term unemployment1 as determined by the ,secretary2 or 7iii7 is significantly affected by a loss of1 or threat to1 the jobs associated with any certification described in subparagraph 7,a71 or the community is undergoing transition of its economic base as a result of changing trade patterns1 as determined by the ,secretary4 7b7 ,notification of eligibility ,if one or more certifications described in subsection 7a77#b77;,a7 are made with respect to a community1 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 section4 #bgd4 ,grants to eligible communities 7a7 ,in general ,the ,secretary may-- 7#a7 upon the application of an eligible community1 award a grant under this section to the community to assist in developing or updating a strategic plan that meets the requirements of section #bge2 or 7#b7 upon the application of an eligible entity1 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 #bge4 7b7 ,special provisions 7#a7 ,revolving loan fund grants 7,a7 ,in general ,the ,secretary shall maintain the proper operation and financial integrity of revolving loan funds established by eligible entities with assistance under this section4 7,b7 ,efficient administration ,the ,secretary may-- 7i7 at the request of an eligible entity1 amend and consolidate grant agreements governing revolving loan funds to provide flexibility with respect to lending areas and borrower criteria2 and 7ii7 assign or transfer assets of a revolving loan fund to third party for the purpose of liquidation1 and the third party may retain assets of the fund to defray costs related to liquidation4 7,c7 ,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 recipient4 7#b7 ,use of funds in projects constructed under project cost 7,a7 ,in general ,in the case of a grant for a construction project under this section1 if the ,secretary determines1 before closeout of the project1 that the cost of the project1 based on the designs and specifications that were the basis of the grant1 has decreased because of decreases in costs1 the ,secretary may approve the use of the excess funds 7or a portion of the excess funds7 to improve the project4 7,b7 ,other uses of excess funds ,any amount of excess funds remaining after application of subparagraph 7,a7 may be used by the ,secretary for providing assistance under this section4 7c7 ,coordination ,if an eligible institution 7as such term is defined in section #bgi7 located in an eligible community is seeking a grant under section #bgi at the same time the community is seeking an implementation grant under subsection 7a7-- 7#a7 the ,secretary1 upon receipt of such information from the ,secretary of ,labor as required under section #bgi7;e71 shall notify the community that the institution is seeking a grant under section #bgi2 and 7#b7 the community shall provide to the ,secretary1 in coordination with the institution1 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 #bgi4 7d7 ,limitation ,the total amount of grants awarded with respect to an eligible community under this section for fiscal years #bjbb through #bjbe may not exceed #be1jjj1jjj4 7e7 ,priority ,the ,secretary shall1 in awarding grants under this section1 provide higher levels of funding with respect to eligible communities that have a history of economic distress and long-term unemployment1 as determined by the ,secretary4 7f7 ,geographic diversity 7#a7 ,in general ,the ,secretary shall1 in awarding grants under this section1 ensure that grants are awarded with respect to eligible communities from geographically diverse areas4 7#b7 ,geographic region requirement ,the ,secretary shall1 in meeting the requirement under paragraph 7#a71 award a grant under this section for each of the fiscal years #bjbb through #bjbe 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 responsible1 to the extent that the ,secretary receives an application from at least one eligible community in each such geographic region4 7g7 ,technical assistance ,the ,secretary shall provide technical assistance for communities-- 7#a7 to identify significant impediments to economic development that result from the impact of trade on the community1 including in the course of developing a strategic plan under section #bge2 and 7#b7 to access assistance under other available sources1 including ,state1 local1 or private sources1 to implement projects that diversify and strengthen the economy in the community4 #bge4 ,strategic plans 7a7 ,in general ,a strategic plan meets the requirements of this section if-- 7#a7 the consultation requirements of subsection 7b7 are met with respect to the development of the plan2 7#b7 the plan meets the requirements of subsection 7c72 and 7#c7 the plan is approved in accordance with the requirements of subsection 7d74 7b7 ,consultation 7#a7 ,in general ,to the extent practicable1 an eligible community shall consult with the entities described in paragraph 7#b7 in developing the strategic plan4 7#b7 ,entities described ,the entities described in this paragraph are public and private entities located in or serving the eligible community1 including-- 7,a7 local1 county1 or ,state government agencies2 7,b7 firms1 including small- and medium-sized firms2 7,c7 local workforce investment boards2 7,d7 labor organizations1 including ,state labor federations and labor-management initiatives1 representing workers in the community2 7,e7 educational institutions1 local educational agencies1 and other training providers2 and 7,f7 local civil rights organizations and community-based organizations1 including organizations representing underserved communities4 7c7 ,contents ,the strategic plan may contain1 as applicable to the community1 the following3 7#a7 ,a description and analysis of the capacity of the eligible community to achieve economic adjustment to the impact of trade4 7#b7 ,an analysis of the economic development challenges and opportunities facing the community1 including the strengths and weaknesses of the economy of the community4 7#c7 ,an assessment of-- 7,a7 the commitment of the community to carry out the strategic plan on a long-term basis2 7,b7 the participation and input of members of the community who are dislocated from employment due to the impact of trade2 and 7,c7 the extent to which underserved communities have been impacted by trade4 7#d7 ,a description of how underserved communities will benefit from the strategic plan4 7#e7 ,a description of the role of the entities described in subsection 7b77#b7 in developing the strategic plan4 7#f7 ,a description of projects under the strategic plan to facilitate the community's economic adjustment to the impact of trade1 including projects to-- 7,a7 develop public facilities1 public services1 jobs1 and businesses 7including establishing a revolving loan fund72 7,b7 provide for planning and technical assistance2 7,c7 provide for training2 7,d7 provide for the demolition of vacant or abandoned commercial1 industrial1 or residential property2 7,e7 redevelop brownfields2 7,f7 establish or support land banks2 7,g7 support energy conservation2 and 7,h7 support historic preservation4 7#g7 ,a strategy for continuing the community's economic adjustment to the impact of trade after the completion of such projects4 7#h7 ,a description of the educational and training programs and the potential employment opportunities available to workers in the community1 including for workers under the age of #be1 and the future employment needs of the community4 7#i7 ,an assessment of-- 7,a7 the cost of implementing the strategic plan2 and 7,b7 the timing of funding required by the community to implement the strategic plan4 7#aj7 ,a description of the methods of financing to be used to implement the strategic plan1 including-- 7,a7 an implementation grant received under section #bgd or under other authorities2 7,b7 a loan1 including the establishment of a revolving loan fund2 or 7,c7 other types of financing4 7#aa7 ,an assessment of how the community will address unemployment among agricultural commodity producers1 if applicable4 7d7 ,approval2 ,,ceds equivalent 7#a7 ,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 section4 7#b7 ,,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 subchapter4 7e7 ,allocation ,of the funds appropriated to carry out this chapter for each of the fiscal years #bjbb through #bjbe1 the ,secretary may make available not more than #ej1jjj1jjj to award grants under section #bgd7;a77#a74 #bgf4 ,general provisions 7a7 ,regulations 7#a7 ,in general ,the ,secretary shall1 subject to paragraph 7#c71 promulgate such regulations as may be necessary to carry out this subchapter1 including with respect to-- 7,a7 administering the awarding of grants under section #bgd1 including establishing guidelines for the submission and evaluation of grant applications under such section2 and 7,b7 establishing guidelines for the evaluation of strategic plans developed to meet the requirements of section #bge4 7#b7 ,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 #ij days prior to promulgating any final rule or regulation under this subsection4 7#c7 ,relationship to existing regulations ,the ,secretary1 to the maximum extent practicable1 shall-- 7,a7 rely on and apply regulations promulgated to carry out other economic development programs of the ,department of ,commerce in carrying out this subchapter2 and 7,b7 provide guidance regarding the manner and extent to which such other economic development programs relate to this subchapter4 7b7 ,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 #bgd7;a7 or seeks technical assistance under section #bgd7;g7 to develop and implement a strategic plan that meets the requirements of section #bge4 4 7b7 ,clerical amendment ,the table of contents for the ,trade ,act of #aigd is amended by striking the items relating to chapter #d of title ,,ii and inserting the following3 ,chapter #d--,trade adjustment assistance for communities,subchapter ,a--,trade adjustment assistance for communities,sec4 #bga4 ,definitions4,sec4 #bgb4 ,establishment of trade adjustment assistance for communities program4,sec4 #bgc4 ,eligibility2 notification of eligibility4,sec4 #bgd4 ,grants to eligible communities4,sec4 #bge4 ,strategic plans4,sec4 #bgf4 ,general provisions4,subchapter ,b--,community ,college and ,career ,training ,grant ,program,sec4 #bgi4 ,community ,college and ,career ,training ,grant ,program4,sec4 #bgi;,a4 ,authorization of appropriations4 4 #acccjb4 ,trade adjustment assistance for community colleges and career training ,section #bgi of the ,trade ,act of #aigd1 as redesignated by section #acccja7;a77#b71 is amended as follows3 7#a7 ,in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking eligible institutions and inserting eligible entities2 and 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking eligible institution and inserting eligible entity2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking #a1jjj1jjj and inserting #b1ejj1jjj2 7,,ii7 by striking 7,b7 and inserting 7,b77i7 in the case of an eligible institution12 7,,iii7 by striking the period at the end and inserting 2 or2 and 7,,iv7 by adding at the end the following3 7ii7 in the case of a consortium of eligible institutions1 a grant under this section in excess of #ae1jjj1jjj4 4 7#b7 ,in subsection 7b71 by adding at the end the following3 7#c7 ,eligible entity ,the term eligible entity means an eligible institution or a consortium of eligible institutions4 7#d7 ,underserved community ,the term underserved community has the meaning given that term in section #bdg4 4 7#c7 ,in subsection 7c7-- 7,a7 by striking eligible institution each place it appears and inserting eligible entity2 and 7,b7 in paragraph 7#e77;,a77i7-- 7i7 in subclause 7,i71 by striking and at the end2 and 7ii7 by adding at the end the following3 7,,iii7 any opportunities to support industry or sector partnerships to develop or expand quality academic programs and curricula2 and 4 7#d7 ,in subsection 7d71 by striking eligible institution each place it appears and inserting eligible entity4 7#e7 ,by redesignating subsection 7e7 as subsection 7h7 and inserting after subsection 7d7 the following3 7e7 ,use of funds 7#a7 ,in general ,an eligible entity shall use a grant awarded under this section to establish and scale career training programs1 including career and technical education programs1 and career pathways and supports for students participating in such programs4 7#b7 ,student support and emergency services ,not less than #ae percent of the amount of a grant awarded to an eligible entity under this section shall be used to carry out student support services1 which may include the following3 7,a7 ,supportive services1 including childcare1 transportation1 mental health services1 substance use disorder prevention and treatment1 assistance in obtaining health insurance coverage1 housing1 and other benefits1 as appropriate4 7,b7 ,connecting students to ,state or ,federal means-tested benefits programs4 7,c7 ,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 funds4 7,d7 ,navigation1 coaching1 mentorship1 and case management services1 including providing information and outreach to the population described in subparagraph 7,c7 to take part in such a program4 7,e7 ,providing access to necessary supplies1 materials1 technological devices1 or required equipment1 and other supports necessary to participate in such a program4 7f7 ,plan for outreach to underserved communities 7#a7 ,in general ,in awarding grants under this section1 the ,secretary shall-- 7,a7 ensure that eligible institutions effectively serve individuals from underserved communities2 and 7,b7 develop a plan to ensure that grants provided under this subchapter effectively serve individuals from underserved communities4 7#b7 ,updates ,the ,secretary shall update the plan required by paragraph 7#a77;,b7 on an annual basis4 7#c7 ,submission to ,congress ,the ,secretary shall submit the plan required by paragraph 7#a77;,b7 and each update to the plan required by paragraph 7#b7 to ,congress4 7g7 ,geographic diversity ,the ,secretary shall1 in awarding grants under this section1 ensure that grants are awarded with respect to eligible entities from geographically diverse areas4 4 #d ,trade adjustment assistance for farmers #accdja4 ,definitions ,section #bia of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdja7 is amended-- 7#a7 by striking paragraph 7#c72 7#b7 by redesignating paragraphs 7#d7 through 7#g7 as paragraphs 7#c7 through 7#f71 respectively2 and 7#c7 by adding at the end the following3 7#g7 ,underserved community ,the term underserved community has the meaning given that term in section #bdg4 4 #accdjb4 ,group eligibility requirements ,section #bib of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdja;a7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking #he percent of each place it appears2 and 7ii7 in subparagraph 7,d71 by adding and at the end2 7,b7 in paragraph 7#b71 by striking 7#b7 and inserting 7#b77;,a77i72 7,c7 by redesignating paragraph 7#c7 as clause 7ii7 of paragraph 7#b77;,a7 7as designated by subparagraph 7,b772 7,d7 in clause 7ii7 of paragraph 7#b77;,a7 7as redesignated by subparagraph 7,c77-- 7i7 by striking importantly2 and 7ii7 by striking the period at the end and inserting 2 or 2 and 7,e7 in paragraph 7#b71 by adding at the end the following3 7,b7 7i7 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 #c marketing years preceding such marketing year2 and 7ii7 the decrease in such exports contributed to the decrease in the national average price1 quantity of production1 or value of production of1 or cash receipts for1 the agricultural commodity1 as described in paragraph 7#a74 2 and 7#b7 in subsection 7e77#c71 by adding at the end before the period the following3 or exports4 #accdjc4 ,benefit information to agricultural commodity producers ,section #bie7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdja;d7a77 is amended by adding at the end the following3 ,the ,secretary shall develop a plan to conduct targeted sustained outreach and offer assistance to agricultural commodity producers from underserved communities4 #accdjd4 ,qualifying requirements and benefits for agricultural commodity producers ,section #bif of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdja;e7 is amended-- 7#a7 in subsection 7a77#a77;,a71 by striking #ij days and inserting #abj days2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c77;,b71 by striking #d1jjj and inserting #ab1jjj2 and 7,b7 in paragraph 7#d77;,c71 by striking #h1jjj and inserting #bd1jjj2 7#c7 in subsection 7c71 by striking #ab1jjj and inserting #cf1jjj2 and 7#d7 by adding at the end the following new subsection3 7e7 ,adjustments for inflation 7#a7 ,in general ,the ,secretary of ,agriculture shall adjust each dollar amount limitation described in this section on the date that is #cj days after the date of the enactment of this subsection1 and at the beginning of each fiscal year thereafter1 to reflect the percentage 7if any7 of the increase in the average of the ,consumer ,price ,index for the preceding #ab-month period compared to the ,consumer ,price ,index for fiscal year #bjbj4 7#b7 ,special rules for calculation of adjustment ,in making an adjustment under paragraph 7#a71 the ,secretary-- 7,a7 shall round the amount of any increase in the ,consumer ,price ,index to the nearest dollar2 and 7,b7 may ignore any such increase of less than #a percent4 7#c7 ,consumer ,price ,index defined ,for purposes of this subsection1 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 ,labor4 4 #e ,appropriations and other matters #acceja4 ,extension of and appropriations for trade adjustment assistance program 7a7 ,extension of termination provisions ,section #bhe of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga note7 is amended by striking #bjba each place it appears and inserting #bjbe4 7b7 ,training funds ,section #bcf7;a77#b77;,a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbif7;a77#b77;,a77 1 as amended by section #accaaj7;c77#b77;,b71 is further amended-- 7#a7 by striking shall not exceed #dej1jjj1jjj and inserting the following3 shall not exceed-- 7i7 #dej1jjj1jjj 2 7#b7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7ii7 #a1jjj1jjj1jjj for each of the fiscal years #bjbb through #bjbe4 4 7c7 ,reemployment trade adjustment assistance ,section #bdf7;b77#a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcah7;b77#a77 is amended by striking #bjba and inserting #bjbe4 7d7 ,authorizations of appropriations 7#a7 ,trade adjustment assistance for workers ,section #bde of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcag7 is amended-- 7,a7 in subsection 7a71 by striking #bjba and inserting #bjbe2 and 7,b7 by adding at the end the following3 7d7 ,reservation by the ,secretary ,of the funds appropriated to carry out this chapter for any fiscal year1 the ,secretary of ,labor may reserve not more than #a percent for administration of the program 7in addition to amounts otherwise available for such purposes71 technical assistance1 grants for pilots and demonstrations1 and the evaluation of activities carried out under this chapter4 4 7#b7 ,trade adjustment assistance for firms ,section #bee7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcde7;a77 is amended in the first sentence by adding at the end before the period the following3 and #ej1jjj1jjj for each of the fiscal years #bjbb through #bjbe4 7#c7 ,trade adjustment assistance for community colleges and career training ,subsection 7a7 of section #bgi;,a of the ,trade ,act of #aigd 7as redesignated7 is amended by striking #dj1jjj1jjj and all that follows through ,december #ca1 #bjaj1 and inserting #cjj1jjj1jjj for each of the fiscal years #bjbb through #bjbe4 7#d7 ,trade adjustment assistance for farmers ,section #bih of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdja;g7a77 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking #ij1jjj1jjj and inserting #aj1jjj1jjj2 and 7ii7 by striking #bjba and inserting #bjbe2 and 7,b7 by adding at the end the following3 7c7 ,reservation by the ,secretary ,of the funds appropriated to carry out this chapter for any fiscal year1 the ,secretary of ,agriculture may not reserve more than #e percent for technical assistance1 pilots and demonstrations1 and the evaluation of activities carried out under this chapter4 4 7e7 ,appropriations 7#a7 ,trade adjustment assistance for workers ,in addition to amounts otherwise available1 there is appropriated for each of fiscal years #bjbb through #bjbe1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj1 to remain available until expended1 to carry out the purposes of chapter #b of title ,,ii of the ,trade ,act of #aigd1 as authorized by section #bde of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcag7 7as amended by subsection 7d774 7#b7 ,trade adjustment assistance for firms ,in addition to amounts otherwise available1 there is appropriated for each of fiscal years #bjbb through #bjbe1 out of any money in the ,treasury not otherwise appropriated1 #ej1jjj1jjj1 to remain available until expended1 to carry out the provisions of chapter #c of title ,,ii of the ,trade ,act of #aigd1 as authorized by section #bee of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcde7 7as amended by subsection 7d774 7#c7 ,trade adjustment assistance for communities 7,a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for each of fiscal years #bjbb through #bjbe1 out of any money in the ,treasury not otherwise appropriated1 #cjj1jjj1jjj1 to remain available for obligation until ,september #cj1 #bjbf1 to carry out subchapter ,a of chapter #d of title ,,ii of the ,trade ,act of #aigd1 as added by section #acccja of this ,act4 7,b7 ,salaries and expenses ,of the amounts appropriated pursuant subparagraph 7,a7 for each of fiscal years #bjbb through #bjbe1 not more than #dj1jjj1jjj shall be made available for the salaries and expenses of personnel administering subchapter ,a of chapter #d of title ,,ii of the ,trade ,act of #aigd4 7,c7 ,supplement and not supplant ,amounts appropriated pursuant to subparagraph 7,a7 for each of the fiscal years #bjbb through #bjbe shall be used to supplement1 and not supplant1 other ,federal1 ,state1 regional1 and local government funds made available to provide economic development assistance for communities4 7#d7 ,trade adjustment assistance for community colleges and career training 7,a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for each of fiscal years #bjbb through #bjbe1 out of any money in the ,treasury not otherwise appropriated1 #cjj1jjj1jjj1 to remain available until expended1 to carry out subchapter ,b of chapter #d of title ,,ii of the ,trade ,act of #aigd1 as designated by section #accja of this ,act1 as authorized by section #bgi;,a of such subchapter ,b 7as redesignated and as amended by subsection 7d774 7,b7 ,reservation by the ,secretary ,of the funds appropriated to carry out subchapter ,b of chapter #d of title ,,ii of the ,trade ,act of #aigd for each of fiscal years #bjbb through #bjbe1 the ,secretary of ,labor may reserve not more than #e percent for administration of the program1 including providing technical assistance1 sustained outreach to eligible institutions effectively serving underserved communities1 grants for pilots and demonstrations1 and a rigorous third-party evaluation of the program carried out under such subchapter4 7#e7 ,trade adjustment assistance for farmers ,in addition to amounts otherwise available1 there is appropriated for each of fiscal years #bjbb through #bjbe1 out of any money in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until expended1 to carry out the purposes of chapter #f of title ,,ii of the ,trade ,act of #aigd1 as authorized by section #bih of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdja7 7as amended by subsection 7d774 #accejb4 ,applicability of trade adjustment assistance provisions 7a7 ,workers certified before date of enactment 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 a worker certified as eligible for adjustment assistance under section #bbb of the ,trade ,act of #aigd before the date of the enactment of this ,act shall be eligible1 on and after such date of enactment1 to receive benefits only under the provisions of chapter #b of title ,,ii of the ,trade ,act of #aigd1 as in effect on such date of enactment1 or as such provisions may be amended after such date of enactment4 7#b7 ,computation of maximum benefits ,benefits received by a worker described in paragraph 7#a7 under chapter #b of title ,,ii of the ,trade ,act of #aigd 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 #b of title ,,ii of the ,trade ,act of #aigd1 as in effect on the date of the enactment of this ,act1 or as such provisions may be amended after such date of enactment4 7#c7 ,authority to make adjustments to benefits ,for the #ij-;day period beginning on the date of the enactment of this ,act1 the ,secretary is authorized to make any adjustments to benefits to workers described in paragraph 7#a7 that the ,secretary determines to be necessary and appropriate in applying and administering the provisions of chapter #b of title ,,ii of the ,trade ,act of #aigd1 as in effect on the date of the enactment of this ,act1 or as such provisions may be amended after such date of enactment1 in a manner that ensures parity of treatment between the benefits of such workers and the benefits of workers certified after such date of enactment4 7b7 ,workers not certified pursuant to certain petitions filed before date of enactment 7#a7 ,certifications of workers not certified before date of enactment 7,a7 ,criteria if a determination has not been made ,if1 as of the date of the enactment of this ,act1 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 #bbb of the ,trade ,act of #aigd pursuant to a petition described in subparagraph 7,c71 the ,secretary shall make that determination based on the requirements of section #bbb of the ,trade ,act of #aigd1 as in effect on such date of enactment4 7,b7 ,reconsideration of denials of certifications ,if1 before the date of the enactment of this ,act1 the ,secretary made a determination not to certify a group of workers as eligible to apply for adjustment assistance under section #bbb of the ,trade ,act of #aigd pursuant to a petition described in subparagraph 7,c71 the ,secretary shall-- 7i7 reconsider that determination2 and 7ii7 if the group of workers meets the requirements of section #bbb of the ,trade ,act of #aigd1 as in effect on such date of enactment1 certify the group of workers as eligible to apply for adjustment assistance4 7,c7 ,petition described ,a petition described in this subparagraph is a petition for a certification of eligibility for a group of workers filed under section #bba of the ,trade ,act of #aigd on or after ,january #a1 #bjba1 and before the date of the enactment of this ,act4 7#b7 ,eligibility for benefits 7,a7 ,in general ,except as provided in subparagraph 7,b71 a worker certified as eligible to apply for adjustment assistance under section #bbb of the ,trade ,act of #aigd pursuant to a petition described in paragraph 7#a77;,c7 shall be eligible1 on and after the date of the enactment of this ,act1 to receive benefits only under the provisions of chapter #b of title ,,ii of the ,trade ,act of #aigd1 as in effect on such date of enactment1 or as such provisions may be amended after such date of enactment4 7,b7 ,computation of maximum benefits ,benefits received by a worker described in paragraph 7#a7 under chapter #b of title ,,ii of the ,trade ,act of #aigd 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 #b of title ,,ii of the ,trade ,act of #aigd1 as in effect on the date of the enactment of this ,act1 or as such provisions may be amended after such date of enactment4 7c7 ,conforming amendments 7#a7 ,trade ,act of #bjjb ,section #aea of the ,trade ,act of #bjjb 7#ai ,u4,s4,c4 note prec4 #bbga7 is amended by striking subsections 7a71 7b71 and 7c74 7#b7 ,trade and ,globalization ,adjustment ,assistance ,act of #bjji ,section #ahia of the ,trade and ,globalization ,adjustment ,assistance ,act of #bjji 7#ai ,u4,s4,c4 #bbga note7 is repealed4 7#c7 ,trade ,adjustment ,assistance ,extension ,act of #bjaa ,the ,trade ,adjustment ,assistance ,extension ,act of #bjaa is amended-- 7,a7 in section #bja 7#ai ,u4,s4,c4 note prec4 #bbga71 by striking subsections 7b7 and 7c72 and 7,b7 in section #bca7;a7 7#ai ,u4,s4,c4 #bbga note71 by striking paragraphs 7#a77;,b7 and 7#b74 7#d7 ,trade ,adjustment ,assistance ,reauthorization ,act of #bjae ,the ,trade ,adjustment ,assistance ,reauthorization ,act of #bjae is amended-- 7,a7 in section #djb 7#ai ,u4,s4,c4 note prec4 #bbga71 by striking subsections 7b7 and 7c72 and 7,b7 in section #dje7;a77#a7 7#ai ,u4,s4,c4 #bcai7;a77#a771 by striking subparagraph 7,b74 7d7 ,trade adjustment assistance for firms 7#a7 ,certification of firms not certified before date of enactment 7,a7 ,criteria if a determination has not been made ,if1 as of the date of the enactment of this ,act1 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 #bea of the ,trade ,act of #aigd pursuant to a petition described in subparagraph 7,c71 the ,secretary shall make that determination based on the requirements of section #bea of the ,trade ,act of #aigd1 as in effect on such date of enactment4 7,b7 ,reconsideration of denial of certain petitions ,if1 before the date of the enactment of this ,act1 the ,secretary made a determination not to certify a firm as eligible to apply for adjustment assistance under section #bea of the ,trade ,act of #aigd pursuant to a petition described in subparagraph 7,c71 the ,secretary shall-- 7i7 reconsider that determination2 and 7ii7 if the firm meets the requirements of section #bea of the ,trade ,act of #aigd1 as in effect on such date of enactment1 certify the firm as eligible to apply for adjustment assistance4 7,c7 ,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 #bea of the ,trade ,act of #aigd on or after ,january #a1 #bjba1 and before the date of the enactment of this ,act4 7#b7 ,certification of firms that did not submit petitions between january #a1 #bjba1 and date of enactment 7,a7 ,in general ,the ,secretary of ,commerce shall certify a firm described in subparagraph 7,b7 as eligible to apply for adjustment assistance under section #bea of the ,trade ,act of #aigd1 as in effect on the date of the enactment of this ,act1 if the firm or its representative files a petition for a certification of eligibility under section #bea of the ,trade ,act of #aigd not later than #ij days after such date of enactment4 7,b7 ,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-- 7i7 the firm or its representative had filed a petition for a certification of eligibility under section #bea of the ,trade ,act of #aigd on a date during the period beginning on ,january #a1 #bjba1 and ending on the day before the date of the enactment of this ,act2 and 7ii7 the provisions of chapter #c of title ,,ii of the ,trade ,act of #aigd1 as in effect on such date of enactment1 had been in effect on that date during the period described in clause 7i74 #accejc4 ,sunset provisions 7a7 ,application of prior law ,subject to subsection 7b71 beginning on ,july #a1 #bjbe1 the provisions of chapters #b1 #c1 #e1 and #f of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbga-bdja;g71 as in effect on ,january #a1 #bjad1 shall be in effect and apply1 except that in applying and administering such chapters-- 7#a7 paragraph 7#a7 of section #bca7;c7 of that ,act shall be applied and administered as if subparagraphs 7,a71 7,b71 and 7,c7 of that paragraph were not in effect2 7#b7 section #bcc of that ,act shall be applied and administered-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b71 by substituting #ajd-week period for #ajd-week period and all that follows through #acj-week period72 and 7ii7 in paragraph 7#c7-- 7,i7 in the matter preceding subparagraph 7,a71 by substituting #fe for #eb2 and 7,,ii7 by substituting #gh-week period for #eb-week period each place it appears2 and 7,b7 by applying and administering subsection 7g7 as if it read as follows3 7g7 ,payment of trade readjustment allowances ,to complete training ,notwithstanding any other provision of this section1 in order to assist an adversely affected worker to complete training approved for the worker under section #bcf that leads to the completion of a degree or industry-recognized credential1 payments may be made as trade readjustment allowances for not more than #ac 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-- 7#a7 payment of the trade readjustment allowance for not more than #ac weeks is necessary for the worker to complete the training2 7#b7 the worker participates in training in each such week2 and 7#c7 the worker-- 7,a7 has substantially met the performance benchmarks established as part of the training approved for the worker2 7,b7 is expected to continue to make progress toward the completion of the training2 and 7,c7 will complete the training during that period of eligibility4 2 7#c7 section #bde7;a7 of that ,act shall be applied and administered by substituting ,june #cj1 #bjbe for ,december #ca1 #bjjg2 7#d7 section #bdf7;b77#a7 of that ,act shall be applied and administered by substituting ,june #cj1 #bjbe for the date that is #e years and all that follows through ,state2 7#e7 section #bef7;b7 of that ,act shall be applied and administered by substituting the #a-year period beginning on ,july #a1 #bjbe for each of fiscal years #bjjc through #bjjg1 and #d1jjj1jjj for the #c-month period beginning on ,october #a1 #bjjg2 7#f7 section #bih7;a7 of that ,act shall be applied and administered by substituting the #a-year period beginning on ,july #a1 #bjbe for each of the fiscal years and all that follows through ,october #a1 #bjjg2 and 7#g7 section #bhe of that ,act shall be applied and administered-- 7,a7 in subsection 7a71 by substituting ,june #cj1 #bjbf for ,december #ca1 #bjjg each place it appears2 and 7,b7 by applying and administering subsection 7b7 as if it read as follows3 7b7 ,other assistance 7#a7 ,assistance for firms 7,a7 ,in general ,except as provided in subparagraph 7,b71 assistance may not be provided under chapter #c after ,june #cj1 #bjbf4 7,b7 ,exception ,notwithstanding subparagraph 7,a71 any assistance approved under chapter #c pursuant to a petition filed under section #bea on or before ,june #cj1 #bjbf1 may be provided-- 7i7 to the extent funds are available pursuant to such chapter for such purpose2 and 7ii7 to the extent the recipient of the assistance is otherwise eligible to receive such assistance4 7#b7 ,farmers 7,a7 ,in general ,except as provided in subparagraph 7,b71 assistance may not be provided under chapter #f after ,june #cj1 #bjbf4 7,b7 ,exception ,notwithstanding subparagraph 7,a71 any assistance approved under chapter #f on or before ,june #cj1 #bjbf1 may be provided-- 7i7 to the extent funds are available pursuant to such chapter for such purpose2 and 7ii7 to the extent the recipient of the assistance is otherwise eligible to receive such assistance4 4 7b7 ,exceptions ,the provisions of chapters #b1 #c1 #e1 and #f of title ,,ii of the ,trade ,act of #aigd1 as in effect on the date of the enactment of this ,act1 shall continue to apply on and after ,july #a1 #bjbe1 with respect to-- 7#a7 workers certified as eligible for trade adjustment assistance benefits under chapter #b of title ,,ii of that ,act pursuant to petitions filed under section #bba of that ,act before ,july #a1 #bjbe2 7#b7 firms certified as eligible for technical assistance or grants under chapter #c of title ,,ii of that ,act pursuant to petitions filed under section #bea of that ,act before ,july #a1 #bjbe2 and 7#c7 agricultural commodity producers certified as eligible for technical or financial assistance under chapter #f of title ,,ii of that ,act pursuant to petitions filed under section #bib of that ,act before ,july #a1 #bjbe4 ,d ,career ,pathways and ,social ,services #a ,provisions ,relating to ,pathways to ,health ,careers #acdaja4 ,pathways to ,health ,careers ,effective ,october #a1 #bjba1 title ,,xx of the ,social ,security ,act 7#db ,u4,s4,c4 #acig-acign-#ac7 is amended by adding at the end the following3 ,d ,career pathways through health profession opportunity grants #bjga4 ,career pathways through health profession opportunity grants 7a7 ,application requirements ,an eligible entity desiring a grant under this section for a project shall submit to the ,secretary an application for the grant1 that includes the following3 7#a7 ,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 well1 under the project4 7#b7 ,a description of the adult basic education and literacy activities1 work readiness activities1 training activities1 and case management and career coaching services that the applicant will use to assist eligible individuals to gain work experience1 connection to employers1 and job placement1 and a description of the plan for recruiting1 hiring1 and training staff to provide the case management1 mentoring1 and career coaching services1 under the project directly or through local governmental1 apprenticeship1 educational1 or charitable institutions4 7#c7 ,a demonstration that the applicant has experience working with low-income populations1 or a description of the plan of the applicant to work with a partner organization that has the experience4 7#d7 ,a plan for providing post-employment support and ongoing training as part of a career pathway under the project4 7#e7 ,a description of the support services that the applicant will provide under the project1 including a plan for how child care and transportation support services will be guaranteed and1 if the applicant will provide a cash stipend or wage supplement1 how the stipend or supplement would be calculated and distributed4 7#f7 ,a certification by the applicant that the project development included-- 7,a7 consultation or commitment to consult with a local workforce development board2 7,b7 consideration of registered apprenticeship and pre-apprenticeship models2 7,c7 consideration of career pathway programs in the ,state in which the project is to be conducted2 and 7,d7 a review of the ,state plan under section #ajb or #ajc of the ,workforce ,innovation and ,opportunity ,act4 7#g7 ,a description of the availability and relevance of recent labor market information and other pertinent evidence of in-demand jobs or worker shortages4 7#h7 ,a certification that the applicant will directly provide or contract for the training services described in the application4 7#i7 ,a commitment by the applicant that1 if the grant is made to the applicant1 the applicant will-- 7,a7 during the planning period for the project1 provide the ,secretary with any information needed by the ,secretary to establish adequate data reporting and administrative structure for the project2 7,b7 hire a person to direct the project not later than the end of the planning period applicable to the project2 7,c7 accept all technical assistance offered by the ,secretary with respect to the grant2 7,d7 participate in peer technical assistance conferences as are regularly scheduled by the ,secretary2 and 7,e7 provide all data required by the ,secretary under subsection 7g74 7b7 ,additional application element ,in considering applications for a grant under this section1 the ,secretary shall require qualified applicants to have at least #a of the following application elements-- 7#a7 applications submitted by applicants to whom a grant was made under this section or any predecessor to this section2 7#b7 applications submitted by applicants who have business and community partners in each of the following categories3 7,a7 ,state and local government agencies and social service providers1 including a ,state or local entity that administers a ,state program funded under part ,a of this title2 7,b7 institutions of higher education1 apprenticeship programs1 and local workforce development boards2 and 7,c7 health care employers1 health care industry or sector partnerships1 labor unions1 and labor-management partnerships2 7#c7 applications that include opportunities for mentoring or peer support1 and make career coaching available1 as part of the case management plan2 7#d7 applications which describe a project that will serve a rural area in which-- 7,a7 the community in which the individuals to be enrolled in the project reside is located2 7,b7 the project will be conducted2 or 7,c7 an employer partnership that has committed to hiring individuals who successfully complete all activities under the project is located2 7#e7 applications that include a commitment to providing project participants with a cash stipend or wage supplement2 and 7#f7 applications which have an emergency cash fund to assist project participants financially in emergency situations4 7c7 ,grants 7#a7 ,competitive grants 7,a7 ,grant authority 7i7 ,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 ,secretary1 to conduct a project designed to train low-income individuals for allied health professions1 health information technology1 physician assistants1 nursing assistants1 registered nurse1 advanced practice nurse1 and other professions considered part of a health care career pathway model4 7ii7 ,guarantee of grantees in each state and the district of columbia ,for each grant cycle1 the ,secretary shall award a grant under this paragraph to at least #b eligible entities in each ,state that is not a territory1 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 grant4 ,if1 for a grant cycle1 there are fewer than #b such eligible entities in a ,state that have submitted applications with a high likelihood of success1 the ,secretary shall identify qualified eligible applicants located elsewhere1 that are otherwise approved but un-funded1 and issue a ,substitution of ,grant and tailored technical assistance4 ,in the preceding sentence1 the term issue a ,substitution of ,grant means1 in a case in which an approved grantee does not complete its full project period1 or in which there are fewer than #b qualified grantees per ,state with a high likelihood of success1 substitute an applicant located in another ,state that was approved but un-funded during the competition for the award for the award recipient4 7,b7 ,guarantee of grants for indian populations ,the ,secretary shall award a grant under this paragraph to at least #aj eligible entities that are an ,indian tribe1 an ,alaska ,native ,corporation1 a tribal organization1 or a tribal college or university1 to the extent there are a sufficient number of applications submitted by the entities that meet the requirements applicable with respect to such a grant4 7,c7 ,guarantee of grantees in the territories ,the ,secretary shall award a grant under this paragraph to at least #b eligible entities that are located in a territory1 to the extent there are a sufficient number of applications submitted by the entities that meet the requirements applicable with respect to such a grant4 7#b7 ,grant cycle ,the grant cycle under this section shall be not less than #e years1 with a planning period of not more than the first #ab months of the grant cycle4 ,during the planning period1 the amount of the grant shall be in such lesser amount as the ,secretary determines appropriate4 7d7 ,use of grant 7#a7 ,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 grant4 7#b7 ,support to be provided 7,a7 ,required support ,a project for which a grant is made under this section shall include the following3 7i7 ,an assessment for adult basic skill competency1 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 training1 through means including the following3 7,i7 ,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 program4 7,,ii7 ,offering resources to enable project participants to continue advancing adult basic skill proficiency while enrolled in a career pathway program4 7,,iii7 ,embedding adult basic skill maintenance as part of ongoing post-graduation career coaching and mentoring4 7ii7 ,a guarantee that child care is an available and affordable support service for project participants through means such as the following3 7,i7 ,referral to1 and assistance with1 enrollment in a subsidized child care program4 7,,ii7 ,direct payment to a child care provider if a slot in a subsidized child care program is not available or reasonably accessible4 7,,iii7 ,payment of co-payments or associated fees for child care4 7iii7 ,case management plans that include career coaching 7with the option to offer appropriate peer support and mentoring opportunities to help develop soft skills and social capital71 which may be offered on an ongoing basis before1 during1 and after initial training as part of a career pathway model4 7iv7 ,a plan to provide project participants with transportation through means such as the following3 7,i7 ,referral to1 and assistance with enrollment in1 a subsidized transportation program4 7,,ii7 ,if a subsidized transportation program is not reasonably available1 direct payments to subsidize transportation costs4 ,for purposes of this clause1 the term transportation includes public transit1 or gasoline for a personal vehicle if public transit is not reasonably accessible or available4 7,b7 ,allowed support ,the goods and services provided under a project for which a grant is made under this section may include the following3 7i7 ,a cash stipend4 7ii7 ,a reserve fund for financial assistance to project participants in emergency situations4 7iii7 ,tuition1 certification exam fees1 and training materials such as books1 software1 uniforms1 shoes1 connection to the internet1 hair nets1 and personal protective equipment4 7iv7 ,in-kind resource donations such as interview clothing and conference attendance fees4 7v7 ,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 goals4 7vi7 ,assistance with programs and activities1 including legal assistance1 deemed necessary to address arrest or conviction records as an employment barrier4 7vii7 ,other support services as deemed necessary for family well-being1 success in the project1 and progress toward career goals4 7#c7 ,training ,the number of hours of training provided to an eligible individual under a project for which a grant is made under this section1 for a recognized postsecondary credential 7including an industry-recognized credential1 and a certificate awarded by a local workforce development board71 which is awarded in recognition of attainment of measurable technical or occupational skills necessary to gain employment or advance within an occupation1 shall be-- 7,a7 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 conducted2 or 7,b7 if there is no such requirement1 such number of hours of training as the ,secretary finds is necessary to achieve that skill level4 7#d7 ,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 ,,iv1 at least #aj percent of the eligible individuals to whom support is provided under the project shall meet the income eligibility requirements under that ,state program1 without regard to whether the individuals receive benefits or services directly under that ,state program4 7#e7 ,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 individual4 7#f7 ,prohibition ,an entity to which a grant is made under this section shall not use the grant for purposes of entertainment1 except that case management and career coaching services may include celebrations of specific career-based milestones such as completing a semester1 graduation1 or job placement4 7e7 ,technical assistance 7#a7 ,in general ,the ,secretary shall provide technical assistance-- 7,a7 to assist eligible entities in applying for grants under this section2 7,b7 that is tailored to meet the needs of grantees at each stage of the administration of projects for which grants are made under this section2 7,c7 that is tailored to meet the specific needs of ,indian tribes1 ,alaska ,native ,corporations1 tribal organizations1 and tribal colleges and universities2 7,d7 that is tailored to meet the specific needs of the territories2 7,e7 that is tailored to meet the specific needs of applicants1 eligible entities1 and grantees1 in carrying out dedicated career pathway projects pursuant to subsections 7h7 and 7i72 and 7,f7 to facilitate the exchange of information among eligible entities regarding best practices and promising practices used in the projects4 7#b7 ,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 section4 ,the preceding sentence shall not be interpreted to require any such conference to be held in person4 7f7 ,evaluation of dedicated career pathways 7#a7 ,in general ,the ,secretary shall1 by grant1 contract1 or interagency agreement1 conduct rigorous and well-designed evaluations of the dedicated career pathway projects carried out pursuant to subsections 7h7 and 7i74 7#b7 ,requirement applicable to second chance career pathway ,in the case of a project of the type described in subsection 7i71 the evaluation shall include identification of successful activities for creating opportunities for developing and sustaining1 particularly with respect to low-income individuals with arrest or conviction records1 a health professions workforce that has accessible entry points1 that meets high standards for education1 training1 certification1 and professional development1 and that provides increased wages and affordable benefits1 including health care coverage1 that are responsive to the needs of the workforce4 7#c7 ,requirement applicable to maternal mortality career pathway ,in the case of a project of the type described in subsection 7h71 the evaluation shall include identification of successful activities for creating opportunities for developing and sustaining1 particularly with respect to low-income individuals and other entry-level workers1 a career pathway that has accessible entry points1 that meets high standards for education1 training1 certification1 and professional development1 and that provides increased wages and affordable benefits1 including health care coverage1 that are responsive to the needs of the birth1 pregnancy1 and post-partum workforce4 7g7 ,reports ,as a condition of funding1 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 project1 and1 on the conclusion of the project1 a final report on the activities4 7h7 ,maternal mortality career pathway 7#a7 ,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 doulas1 lactation consultants1 childbirth educators1 infant massage therapists1 newborn care specialists1 midwives1 and other community health worker professions1 for individuals to enter and follow a dedicated career pathway in the field of pregnancy1 childbirth1 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 midwives1 as the case may be1 under the ,state plan approved under title ,,xix4 7#b7 ,duration ,a grant awarded under this subsection shall have the same grant cycle as is provided in subsection 7c77#b71 and as a condition of funding the grantee shall comply with all data reporting requirements associated with the grant cycle4 7#c7 ,application requirements ,an entity seeking a grant under this subsection for a project shall submit to the ,secretary an application for the grant1 that includes the following3 7,a7 ,a description of the partnerships1 strategic staff hiring decisions1 tailored program activities1 or other programmatic elements of the project that are designed to support a strong career pathway in pregnancy1 birth1 or post-partum services4 7,b7 ,a demonstration that the ,state in which the project is to be conducted recognizes and permits doulas and midwives to practice in the ,state4 7,c7 ,a demonstration that the applicant has experience working with low-income populations1 or a description of the plan of the applicant to work with a partner that has the experience4 7#d7 ,support to be provided ,the recipient of a grant under this subsection for a project shall provide required supportive services described in subsection 7d77#b77;,a7 to project participants who need the services1 and may expend the funding on eligible supportive services described in subsection 7d77#b77;,b74 7i7 ,second chance career pathway 7#a7 ,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 demand4 7#b7 ,duration ,a grant awarded under this subsection shall have the same grant cycle as is provided in subsection 7c77#b71 and as a condition of funding the grantee shall comply with all data reporting requirements associated with the grant cycle4 7#c7 ,application requirements ,an entity seeking a grant under this subsection for a project shall submit to the ,secretary an application for the grant1 that includes the following3 7,a7 ,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 7which policies or laws shall include appeals processes and other opportunities to demonstrate rehabilitation to obtain licensure and approval to work in the proposed health careers71 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 career4 7,b7 ,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 records4 7,c7 ,a demonstration that the applicant has experience working with low-income populations1 or a description of the plan of the applicant to work with a partner that has the experience4 7,d7 ,an identification of promising innovations or best practices that can be used to provide the training4 7,e7 ,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 hired4 7,f7 ,a plan for recruiting students who are eligible individuals into the project4 7,g7 ,a plan for providing post-employment support and ongoing training as part of a career pathway under the project4 7#d7 ,support to be provided 7,a7 ,required support ,a recipient of a grant under this subsection for a project shall provide-- 7i7 access to legal assistance for project participants for the purpose of addressing arrest or conviction records and associated workforce barriers2 7ii7 assistance with programs and activities deemed necessary to address arrest or conviction records as an employment barrier2 7iii7 required supportive services described in subsection 7d77#b77;,a7 to participants who need the services1 and may expend funds on eligible supportive services described in subsection 7d77#b77;,b74 7j7 ,definitions ,in this section3 7#a7 ,alaska ,native ,corporation ,the term ,alaska ,native ,corporation has the meaning given the term in section #c7m7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7m774 7#b7 ,allied health profession ,the term allied health profession has the meaning given the term in section #gii;,b7#e7 of the ,public ,health ,service ,act4 7#c7 ,career pathway ,the term career pathway has the meaning given the term in section #c7g7 of the ,workforce ,innovation and ,opportunity ,act4 7#d7 ,doula ,the term doula means an individual who-- 7,a7 is certified by an organization that has been established for not less than #e years and that requires the completion of continuing education to maintain the certification1 to provide non-medical advice1 information1 emotional support1 and physical comfort to an individual during the individual's pregnancy1 childbirth1 and post-partum period2 and 7,b7 maintains the certification by completing the required continuing education4 7#e7 ,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 application3 7,a7 ,a local workforce development board established under section #ajg of the ,workforce ,innovation and ,opportunity ,act4 7,b7 ,a ,state or territory1 a political subdivision of a ,state or territory1 or an agency of a ,state1 territory1 or such a political subdivision1 including a ,state or local entity that administers a ,state program funded under part ,a of this title4 7,c7 ,an ,indian tribe1 an ,alaska ,native ,corporation1 a tribal organization1 or a tribal college or university4 7,d7 ,an institution of higher education 7as defined in the ,higher ,education ,act of #aife74 7,e7 ,a hospital 7as defined in section #ahfa7;e774 7,f7 ,a high-quality skilled nursing facility4 7,g7 ,a ,federally qualified health center 7as defined in section #ahfa7;aa77#d774 7,h7 ,a nonprofit organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf1 a labor organization1 or an entity with shared labor-management oversight1 that has a demonstrated history of providing health profession training to eligible individuals4 7,i7 ,in the case of a project of the type provided for in subsection 7h7 of this section1 an entity recognized by a ,state1 an ,indian tribe1 an ,alaska ,native ,corporation1 or a tribal organization as qualified to train doulas or midwives1 if midwives or doulas1 as the case may be1 are permitted to practice in the ,state involved4 7,j7 ,an opioid treatment program 7as defined in section #ahfa7;jjj77#b771 and other high quality comprehensive addiction care providers4 7#f7 ,eligible individual ,the term eligible individual means an individual whose family income does not exceed #bjj percent of the ,federal poverty level4 7#g7 ,federal poverty level ,the term ,federal poverty level means the poverty line 7as defined in section #fgc7b7 of the ,omnibus ,budget ,reconciliation ,act of #aiha1 including any revision required by such section applicable to a family of the size involved74 7#h7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja or #ajb7;a77#a77;,b7 of the ,higher ,education ,act of #aife4 7#i7 ,territory ,the term territory means the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 and ,american ,samoa4 7#aj7 ,tribal college or university ,the term tribal college or university has the meaning given the term in section #caf7;b7 of the ,higher ,education ,act of #aife4 7#aa7 ,tribal organization ,the term tribal organization means the recognized governing body of any ,indian tribe2 any legally established organization of ,indians which is controlled1 sanctioned1 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 activities4 7k7 ,funding ,in addition to amounts otherwise available1 there is appropriated to the ,secretary1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 for grants under subsection 7c77#a77;,a7-- 7,a7 #cah1gej1jjj for fiscal year #bjbb2 and 7,b7 #cch1ajh1dch for each of fiscal years #bjbc through #bjbf2 7#b7 for grants under subsection 7c77#a77;,b7-- 7,a7 #ag1jjj1jjj for fiscal year #bjbb2 and 7,b7 #ah1jbg1fej for each of fiscal years #bjbc through #bjbf2 7#c7 for grants under subsection 7c77#a77;,c7-- 7,a7 #ba1bej1jjj for fiscal year #bjbb2 and 7,b7 #bb1ecd1efc for each of fiscal years #bjbc through #bjbf2 7#d7 for projects conducted under subsections 7h7 and 7i71 #bg1jda1dge for each of fiscal years #bjbc through #bjbf2 7#e7 for the provision of technical assistance and administration-- 7,a7 for fiscal year #bjbb1 #be1ejj1jjj plus all amounts referred to in paragraphs 7#a7 through 7#c7 of this subsection that remain unused after all grant awards are made for the fiscal year2 and 7,b7 for each of fiscal years #bjbc through #bjbf1 #bg1jda1dge plus all amounts referred to in paragraphs 7#a7 through 7#d7 of this subsection that remain unused after all grant awards are made for the fiscal year2 and 7#f7 for studying the effects of the projects for which a grant is made under this section1 and for administration1 for the purpose of supporting the rigorous evaluation of the projects1 and supporting the continued study of the short-1 medium-1 and long-term effects of all such projects1 including the effectiveness of new or added elements of the projects-- 7,a7 #ag1jjj1jjj for fiscal year #bjbb2 and 7,b7 #ah1jbg1fej for each of fiscal years #bjbc through #bjbf4 4 #b ,provisions ,relating to ,elder ,justice #acdbja4 ,reauthorization of funding for programs to prevent and investigate elder abuse1 neglect1 and exploitation 7a7 ,long-term care staff training grants ,section #bjda of the ,social ,security ,act 7#db ,u4,s4,c4 #acigm7 is amended to read as follows3 #bjda4 ,nursing home worker training grants 7a7 ,appropriation ,out of any funds in the ,treasury not otherwise appropriated1 in addition to amounts otherwise available1 there is appropriated to the ,secretary for each of fiscal years #bjbc through #bjbf-- 7#a7 #dae1fif1djj for grants under subsection 7b77#a72 and 7#b7 #h1dhc1fjj for grants under subsection 7b77#b74 7b7 ,grants 7#a7 ,state entitlement 7,a7 ,in general ,each ,state shall be entitled to receive from the ,secretary for each fiscal year specified in subsection 7a7 a grant in an amount equal to the amount allotted to the ,state under subparagraph 7,b7 of this paragraph4 7,b7 ,state allotments ,the amount allotted to a ,state under this subparagraph for a fiscal year shall be-- 7i7 the amount made available by subsection 7a7 for the fiscal year that is not required to be reserved by subsection 7a72 multiplied by 7ii7 7,i7 the number of ,state residents who have attained #fe years of age or are individuals with a disability1 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 set2 divided by 7,,ii7 the total number of such residents of all ,states4 7#b7 ,grants to ,indian tribes and tribal organizations 7,a7 ,in general ,the ,secretary1 in consultation with the ,indian tribes and tribal organizations1 shall make grants in accordance with this section to ,indian tribes and tribal organizations who operate at least #a eligible setting4 7,b7 ,grant formula ,the ,secretary1 in consultation with the ,indian tribes and tribal organizations1 shall devise a formula for distributing among ,indian tribes and tribal organizations the amount required to be reserved by subsection 7a7 for each fiscal year4 7#c7 ,sub-grants ,a ,state1 ,indian tribe1 or tribal organization to which an amount is paid under this paragraph may use the amount to make sub-grants to local organizations1 including community organizations1 local non-profits1 elder rights and justice groups1 and workforce development boards for any purpose described in paragraph 7#a7 or 7#b7 of subsection 7c74 7c7 ,use of funds 7#a7 ,required uses ,a ,state to which an amount is paid under subsection 7b7 shall use the amount to-- 7,a7 provide wage subsidies to eligible individuals2 7,b7 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 7f77#a77;,a72 7,c7 guarantee affordable and accessible child care for eligible individuals1 including help with referrals1 co-pays1 or other direct assistance2 and 7,d7 provide assistance where necessary with obtaining appropriate transportation1 including public transportation if available1 or gas money or transit vouchers for ride share1 taxis1 and similar types of transportation if public transportation is unavailable or impractical based on work hours or location4 7#b7 ,authorized uses ,a ,state to which an amount is paid under subsection 7b7 may use the amount to-- 7,a7 establish a reserve fund for financial assistance to eligible individuals in emergency situations2 7,b7 provide in-kind resource donations1 such as interview clothing and conference attendance fees2 7,c7 provide assistance with programs and activities1 including legal assistance1 deemed necessary to address arrest or conviction records that are an employment barrier2 7,d7 support employers operating an eligible setting in the ,state in providing employees with not less than #b weeks of paid leave per year2 or 7,e7 provide other support services the ,secretary deems necessary to allow for successful recruitment and retention of workers4 7#c7 ,provision of funds only for the benefit of eligible individuals in eligible settings ,a ,state to which an amount is paid under subsection 7b7 may provide the amount to only an eligible individual or a partner organization serving an eligible individual4 7#d7 ,nonsupplantation ,a ,state to which an amount is paid under subsection 7b7 shall not use the amount to supplant the expenditure of any ,state funds for recruiting or retaining employees in an eligible setting4 7d7 ,administration ,a ,state to which a grant is made under subsection 7b7 shall reserve not more than #aj percent of the grant to-- 7#a7 administer subgrants in accordance with this section2 7#b7 provide technical assistance and support for applying for and accessing such a subgrant opportunity2 7#c7 publicize the availability of the subgrants2 7#d7 carry out activities to increase the supply of eligible individuals2 and 7#e7 provide technical assistance to help subgrantees find and train individuals to provide the services for which they are contracted4 7e7 ,definitions ,in this section3 7#a7 ,eligible individual ,the term eligible individual means an individual who-- 7,a7 7i7 is a qualified home health aide1 as defined in section #dhd4hj7;a7 of title #db1 ,code of ,federal ,regulations2 7ii7 is a nurse aide approved by the ,state as meeting the requirements of sections #dhc4aej through #dhc4aed of such title1 and is listed in good standing on the ,state nurse aide registry2 7iii7 is a personal care aide approved by the ,state1 and furnishes personal care services1 as defined in section #ddj4afg of such title2 7iv7 is a qualified hospice aide1 as defined in section #dah4gf of such title2 or 7v7 is a licensed practical nurse or a licensed or certified social worker2 or 7vi7 is receiving training to be certified or licensed as such an aide1 nurse1 or social worker2 and 7,b7 provides 7or1 in the case of a trainee1 intends to provide7 services as such an aide1 nurse1 or social worker in an eligible setting4 7#b7 ,eligible setting ,the term eligible setting means-- 7,a7 a skilled nursing facility1 as defined in section #ahai2 7,b7 a nursing facility1 as defined in section #aiai2 7,c7 a home health agency1 as defined in section #ahia2 7,d7 a facility provider approved to deliver home or community-based services authorized under ,state options described in subsection 7c7 or 7i7 of section #aiae or1 as relevant1 demonstration projects authorized under section #aaae2 7,e7 a hospice1 as defined in section #ahad2 7,f7 an intermediate care facility1 as defined in section #aije7;d72 or 7,g7 a tribal assisted living facility4 7#c7 ,tribal organization ,the term tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act4 4 7b7 ,adult protective services functions and grant programs 7#a7 ,direct funding2 ,state entitlement ,section #bjdb of the ,social ,security ,act 7#db ,u4,s4,c4 #acigm-#a7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a77;,a7-- 7,i7 by striking offices and inserting programs2 and 7,,ii7 by inserting and adults who are under a disability 7as defined in section #baf7;i77#a77 before the semicolon2 and 7ii7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,appropriation ,out of any money in the ,treasury not otherwise appropriated1 in addition to amounts otherwise available1 there are appropriated to the ,secretary #h1dhc1fjj for each of fiscal years #bjbc through #bjbe to carry out this subsection4 2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by striking the availability of appropriations and2 and 7,,ii7 in subparagraph 7,b7-- 7aa7 in the heading for clause 7i71 by inserting and the district of columbia after ,states2 and 7bb7 in clause 7ii71 by inserting or the ,district of ,columbia after ,states2 and 7ii7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,appropriation ,out of any money in the ,treasury not otherwise appropriated1 in addition to amounts otherwise available1 there are appropriated to the ,secretary for each of fiscal years #bjbc through #bjbe-- 7,a7 #dae1fif1djj for grants to ,states under this subsection2 and 7,b7 #h1dhc1fjj for grants to ,indian tribes and tribal organizations under this subsection4 2 and 7,c7 in subsection 7c71 by striking paragraph 7#f7 and inserting the following3 7#f7 ,appropriation ,out of any money in the ,treasury not otherwise appropriated1 in addition to amounts otherwise available1 there are appropriated to the ,secretary #gi1ecc1gej for each of fiscal years #bjbc through #bjbe to carry out this subsection4 4 7#b7 ,state entitlement2 grants to ,indian tribes and tribal organizations ,section #bjdb of such ,act 7#db ,u4,s4,c4 #acigm-#a7 is amended-- 7,a7 in subsection 7a77#a77;,a71 by striking ,state and local and inserting ,state1 local1 and tribal2 7,b7 in subsection 7b77#a71 by striking the ,secretary shall annually award grants to ,states in the amounts calculated under paragraph 7#b7 and inserting each ,state shall be entitled to annually receive from the ,secretary in the amounts calculated under paragraph 7#b71 and the ,secretary may annually award to each ,indian tribe and tribal organization in accordance with paragraph 7#c71 grants2 7,c7 in subsection 7b77#b7-- 7i7 in the paragraph heading1 by inserting for a ,state after payment2 7ii7 in subparagraph 7,a71 by striking to carry out and inserting for grants to ,states under2 and 7iii7 in subparagraph 7,b77i71 by striking such year and inserting for grants to ,states under this subsection for the fiscal year2 and 7,d7 in subsection 7b71 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively1 and inserting after paragraph 7#b7 the following3 7#c7 ,amount of payment to ,indian tribe or tribal organization ,the ,secretary1 in consultation with ,indian tribes and tribal organizations1 shall determine the amount of any grant to be made to each ,indian tribe and tribal organization under this subsection4 ,paragraphs 7#d7 and 7#e7 shall apply to grantees under this paragraph in the same manner in which the paragraphs apply to ,states4 2 7,e7 in subsection 7c7-- 7i7 in paragraph 7#a71 by striking to ,states and inserting to ,states1 ,indian tribes1 and tribal organizations2 7ii7 in paragraph 7#b7-- 7,i7 in the matter preceding subparagraph 7,a71 by inserting and ,indian tribes and tribal organizations after government2 and 7,,ii7 in subparagraph 7,d71 by inserting or ,indian tribe or tribal organization1 as the case may be after government2 7iii7 in paragraph 7#d71 by inserting or ,indian tribe or tribal organization after a ,state the #ast place it appears2 and 7iv7 in paragraph 7#e7-- 7,i7 by inserting or ,indian tribe or tribal organization after ,each ,state2 and 7,,ii7 by inserting or ,indian tribe or tribal organization1 as the case may be after the ,state2 and 7,f7 by adding at the end the following3 7d7 ,definitions of ,indian tribe and tribal organization ,in this section1 the terms ,indian tribe and tribal organization have the meanings given the terms in section #dai4 4 7#c7 ,conforming amendment ,section #bjaa7b7 of such ,act 7#db ,u4,s4,c4 #acig;j7#b77 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 ,state law address neglect1 abuse1 and exploitation of older adults and people with disabilities4 7c7 ,long-term care ombudsman program grants and training ,section #bjdc of the ,social ,security ,act 7#db ,u4,s4,c4 #acigm-#b7 is amended-- 7#a7 in subsection 7a71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,appropriation ,out of any money in the ,treasury not otherwise appropriated1 in addition to amounts otherwise available1 there are appropriated to the ,secretary to carry out this subsection-- 7,a7 #bc1hfj1abe for fiscal year #bjbc2 and 7,b7 #ca1hac1ejj for each of fiscal years #bjbd and #bjbe4 2 and 7#b7 in subsection 7b71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,appropriation ,out of any money in the ,treasury not otherwise appropriated1 in addition to amounts otherwise available1 there are appropriated to the ,secretary #ca1hac1ejj for each of fiscal years #bjbc through #bjbe to carry out this subsection4 4 7d7 ,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 7#db ,u4,s4,c4 #acigm-#acigm-#e7 is amended by adding at the end the following3 #bjdg4 ,incentives for developing and sustaining structural competency in providing health and human services 7a7 ,grants to ,states to support linkages to legal services and medical legal partnerships 7#a7 ,appropriation ,out of any money in the ,treasury not otherwise appropriated1 in addition to amounts otherwise available1 there are appropriated to the ,secretary #ecj1bbe1jjj for fiscal year #bjbc1 to remain available for the purposes of this subsection through fiscal year #bjbh4 7#b7 ,grants ,within #b years after the date of the enactment of this section1 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 elders1 including through the following3 7,a7 ,medical-legal partnerships ,the establishment and support of medical-legal partnerships1 the incorporation of the partnerships in the elder justice framework and health and human services safety net1 and the implementation and operation of such a partnership by an eligible grantee-- 7i7 at the option of a ,state1 in conjunction with an area agency on aging2 7ii7 in a solo provider practice in a health professional shortage area 7as defined in section #ccb7;a7 of the ,public ,health ,service ,act71 a medically underserved community 7as defined in section #cii,v of such ,act71 or a rural area 7as defined in section #ccj;,j of such ,act72 7iii7 in a minority-serving institution of higher learning with health1 law1 and social services professional programs2 7iv7 in a federally qualified health center1 as described in section #ccj of the ,public ,health ,service ,act1 or look-alike1 as described in section #aije7l77#b77;,b7 of this ,act2 or 7v7 in certain hospitals that are critical access hospitals1 ,medicare-dependent hospitals1 sole community hospitals1 rural emergency hospitals1 or that serve a high proportion of ,medicare or ,medicaid patients4 7,b7 ,legal hotlines development or expansion ,the provision of incentives to develop1 enhance1 and integrate platforms1 such as legal assistance hotlines1 that help to facilitate the identification of older adults who could benefit from linkages to available legal services such as those described in subparagraph 7,a74 7#c7 ,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 subsection1 which shall include assessments of the effectiveness of the activities with respect to-- 7,a7 the number of unique individuals identified through the mechanism outlined in paragraph 7#b77;,b7 who are referred to services described in paragraph 7#b77;,a71 and the average time period associated with resolving issues2 7,b7 the success rate for referrals to community-based resources2 and 7,c7 other factors determined relevant by the ,secretary4 7#d7 ,evaluation ,the ,secretary shall1 by grant1 contract1 or interagency agreement1 evaluate the activities conducted pursuant to this subsection1 which shall include a comparison among the ,states4 7#e7 ,supplement not supplant ,support provided to area agencies on aging1 ,state units on aging1 eligible entities1 or other community-based organizations pursuant to this subsection shall be used to supplement and not supplant any other ,federal1 ,state1 or local funds expended to provide the same or comparable services described in this subsection4 7b7 ,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 7#a7 ,appropriation ,out of any money in the ,treasury not otherwise appropriated1 in addition to amounts otherwise available1 there are appropriated to the ,secretary #bfe1aab1ejj for fiscal year #bjbc1 to remain available for the purposes of this subsection through fiscal year #bjbh4 7#b7 ,grants ,the ,secretary shall make grants to eligible area agencies on aging or other community-based organizations for the purpose of-- 7,a7 conducting outreach to individuals at risk for1 or already experiencing1 social isolation or loneliness1 through established screening tools or other methods identified by the ,secretary2 7,b7 developing community-based interventions for the purposes of mitigating loneliness or social isolation 7including evidence-based programs1 as defined by the ,secretary1 developed with multi-stakeholder input for the purposes of promoting social connection1 mitigating social isolation or loneliness1 or preventing social isolation or loneliness7 among at-risk individuals2 7,c7 connecting at-risk individuals with community social and clinical supports2 and 7,d7 evaluating the effect of programs developed and implemented under subparagraphs 7,b7 and 7,c74 7#c7 ,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 disabilities4 7#d7 ,evaluation ,not later than #c years after the date of the enactment of this section and at least once after fiscal year #bjbe1 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 disabilities4 7#e7 ,coordination ,the ,secretary shall coordinate with resource centers1 grant programs1 or other funding mechanisms established under section #daa7;a77#ah7 of the ,older ,americans ,act 7#db ,u4,s4,c4 #cjcb7;a77#ah771 section #dag7;a77#a7 of such ,act 7#db ,u4,s4,c4 #cjcb;,f7a77#a771 or other programs as determined by the ,secretary4 7c7 ,definitions ,in this section3 7#a7 ,area agency on aging ,the term area agency on aging means an area agency on aging designated under section #cje of the ,older ,americans ,act of #aife4 7#b7 ,social isolation ,the term social isolation means objectively being alone1 or having few relationships or infrequent social contact4 7#c7 ,loneliness ,the term loneliness means subjectively feeling alone1 or the discrepancy between one's desired level of social connection and one's actual level of social connection4 7#d7 ,social connection ,the term social connection means the variety of ways one can connect to others socially1 through physical1 behavioral1 social-cognitive1 and emotional channels4 7#e7 ,community-based organization ,the term community-based organization includes1 except as otherwise provided by the ,secretary1 a nonprofit community-based organization1 a consortium of nonprofit community-based organizations1 a national nonprofit organization acting as an intermediary for a community-based organization1 or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code4 4 7e7 ,technical amendment ,section #bjaa7ab77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;j7#ab77;,a77 is amended by striking #dej;b and inserting #ecjd4 #acdbjb4 ,appropriation for assessments ,out of any money in the ,treasury not otherwise appropriated1 in addition to amounts otherwise available1 there are appropriated to the ,secretary of ,health and ,human ,services #e1cjb1bej for each of fiscal years #bjbc through #bjbf to prepare and submit to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate1 not later than #c years after the date of enactment of this ,act1 and at least once after fiscal year #bjbe1 reports on the programs1 coordinating bodies1 registries1 and activities established or authorized under subtitle ,b of title ,,xx of the ,social ,security ,act or section #fgjc7;b7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #acie;i-#c;a71 which shall assess the extent to which such programs1 coordinating bodies1 registries1 and activities have improved access to1 and the quality of1 resources available to aging ,americans and their caregivers to ultimately prevent1 detect1 and treat abuse1 neglect1 and exploitation1 and shall include1 as appropriate1 recommendations to ,congress on funding levels and policy changes to help these programs1 coordinating bodies1 registries1 and activities better prevent1 detect1 and treat abuse1 neglect1 and exploitation of aging ,americans4 ,e ,infrastructure ,financing and ,community ,development #acejja4 ,amendment of #aihf ,code ,except as otherwise expressly provided1 whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 #a ,low ,income ,housing ,credit #aceaja4 ,increases in ,state allocations 7a7 ,in general ,section #db7;h77#c77;,i7 is amended to read as follows3 7,i7 ,increase in ,state housing credit ceiling after #bjba 7i7 ,in general ,in the case of calendar years #bjbb through #bjbe1 the dollar amounts under subclauses 7,i7 and 7,,ii7 of subparagraph 7,c77ii7 for any such calendar year shall be determined in accordance with the following table3 ,in the case of calendar year3,the subclause 7,i7 amount shall be3,the subclause 7,,ii7 amount shall be3#bjbbc4adc1fbi1jifbjbcc4edd1jha1hbebj bdc4igd1ehb1jecbjbeb4fec1abj1jjj 7ii7 ,inflation adjustment after #bjbe ,in the case of calendar years after #bjbe1 the subclause 7,i7 and 7,,ii7 dollar amounts shall be the respective dollar amounts corresponding to calendar year #bjbe in the table under clause 7i7 each increased by an amount equal to-- 7,i7 such dollar amount1 multiplied by 7,,ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for such calendar year by substituting calendar year #bjbd for calendar year #bjaf in paragraph 7,a77ii7 thereof4 ,any increase under this clause shall be rounded to the nearest cent in the case of the subclause 7,i7 amount and the nearest dollar in the case of the subclause 7,,ii7 amount4 4 7b7 ,effective date ,the amendments made by this section shall apply to calendar years beginning after ,december #ca1 #bjba4 #aceajb4 ,tax-exempt bond financing requirement 7a7 ,in general ,section #db7;h77#d77;,b7 is amended to read as follows3 7,b7 ,special rule where a required percent of buildings is financed with tax-exempt bonds subject to volume cap ,for purposes of subparagraph 7,a71 paragraph 7#a7 shall not apply to any portion of the credit allowable under subsection 7a7 with respect to a building if-- 7i7 #ej 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 7,a71 or 7ii7 #be 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 7,a7 and issued in calendar year #bjbb1 #bjbc1 #bjbd1 #bjbe1 or #bjbf4 4 7b7 ,effective date ,the amendment made by this section shall apply to any building some portion of which1 or of the land on which the building is located1 is financed by an obligation which is described in section #db7;h77#d77;,a7 and which is part of an issue the issue date of which is after ,december #ca1 #bjba4 #aceajc4 ,buildings designated to serve extremely low-income households 7a7 ,reserved ,state allocation 7#a7 ,in general ,section #db7;h7 is amended-- 7,a7 by redesignating paragraphs 7#f71 7#g71 and 7#h7 as paragraphs 7#g71 7#h71 and 7#i71 respectively1 and 7,b7 by inserting after paragraph 7#e7 the following new paragraph3 7#f7 ,portion of ,state ceiling set-aside for projects designated to serve extremely low-income households 7,a7 ,in general ,not more than #ib percent of the portion of the ,state housing credit ceiling amount described in paragraph 7#c77;,c77ii7 for any ,state for any calendar year shall be allocated to buildings other than buildings described in subparagraph 7,b74 7,b7 ,buildings described ,a building is described in this subparagraph if #bj percent or more of the residential units in such building are rent-restricted 7determined as if the imputed income limitation applicable to such units were #cj percent of area median gross income7 and are designated by the taxpayer for occupancy by households the aggregate household income of which does not exceed the greater of-- 7i7 #cj percent of area median gross income1 or 7ii7 #ajj percent of an amount equal to the ,federal poverty line 7within the meaning of section #cf;,b7d77#c774 7,c7 ,exception ,a building shall not be treated as described in subparagraph 7,b7 if such building is a part of a qualified low-income housing project elected by the taxpayer to meet the requirements of subsection 7f77#a77;,c74 7,d7 ,state may not override set-aside ,nothing in subparagraph 7,f7 of paragraph 7#c7 shall be construed to permit a ,state not to comply with subparagraph 7,a7 of this paragraph4 4 7#b7 ,conforming amendment ,section #db7;b77#d77;,c7 is amended by striking 7h77#g7 and inserting 7h77#h74 7b7 ,increase in credit ,paragraph 7#e7 of section #db7;d7 is amended by adding at the end the following new subparagraph3 7,c7 ,increase in credit for projects designated to serve extremely low-income households 7i7 ,in general ,in the case of any building-- 7,i7 which is described in subsection 7h77#f77;,b71 and 7,,ii7 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 project1 subparagraph 7,b7 shall not apply to the portion of such building which is comprised of such units1 and the eligible basis of such portion of the building shall be #aej percent of such basis determined without regard to this subparagraph4 7ii7 ,allocation rules applicable to projects to which clause 7i7 applies 7,i7 ,state housing credit ceiling ,for any calendar year1 the housing credit agency shall not allocate more than #ac percent of the portion of the ,state housing credit ceiling amount described in subsection 7h77#c77;,c77ii7 to buildings to which clause 7i7 applies1 and 7,,ii7 ,private activity bond volume cap ,in the case of projects financed by tax-exempt bonds as described in subsection 7h77#d71 for any calendar year1 the ,state shall not issue more than #h percent of the private activity bond volume cap as described in section #adf7;d77#a7 to buildings to which clause 7i7 applies4 4 7c7 ,effective date ,the amendments made by this section shall apply to allocations of housing credit dollar amount after ,december #ca1 #bjba1 and to buildings that are described in section #db7;h77#d77;,b7 taking into account only obligations that are part of an issue the issue date of which is after ,december #ca1 #bjba4 #aceajd4 ,repeal of qualified contract option 7a7 ,termination of option for certain buildings 7#a7 ,in general ,subclause 7,,ii7 of section #db7;h77#g77;,e77i71 as redesignated by section #acedjc1 is amended by inserting in the case of a building described in clause 7iii71 before on the last day4 7#b7 ,buildings described ,subparagraph 7,e7 of section #db7;h77#g71 as so redesignated1 is amended by adding at the end the following new clause3 7iii7 ,buildings described ,a building described in this clause is a building-- 7,i7 which received its allocation of housing credit dollar amount before ,january #a1 #bjbb1 or 7,,ii7 in the case of a building any portion of which is financed as described in paragraph 7#d71 and which received before ,january #a1 #bjbb1 under the rules of paragraphs 7#a7 and 7#b7 of subsection 7m71 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 period4 4 7b7 ,rules relating to existing projects ,subparagraph 7,f7 of section #db7;h77#g71 as redesignated by section #acedjc1 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 7determined 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 7#a7 and 7#b7 of subsection 7g774 ,the ,secretary shall prescribe such regulations as may be necessary or appropriate to carry out this paragraph44 7c7 ,conforming amendments 7#a7 ,paragraph 7#g7 of section #db7;h71 as redesignated by section #acedjc1 is amended by striking subparagraph 7,g7 and by redesignating subparagraphs 7,h71 7,i71 7,j71 and 7,k7 as subparagraphs 7,g71 7,h71 7,i71 and 7,j71 respectively4 7#b7 ,subclause 7,,ii7 of section #db7;h77#g77;,e77i71 as so redesignated and as amended by subsection 7a71 is further amended by striking subparagraph 7,i7 and inserting subparagraph 7,h74 7d7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall take effect on the date of the enactment of this ,act4 7#b7 ,subsection 7b7 ,the amendments made by subsection 7b7 shall apply to buildings with respect to which a written request described in section #db7;h77#g77;,h7 of the ,internal ,revenue ,code of #aihf1 as redesignated by section #acedjc and subsection 7c71 is submitted after the date of the enactment of this ,act4 #aceaje4 ,modification and clarification of rights relating to building purchase 7a7 ,modification of right of first refusal 7#a7 ,in general ,subparagraph 7,a7 of section #db7;i77#g7 is amended by striking a right of #ast refusal and inserting an option4 7#b7 ,conforming amendment ,the heading of paragraph 7#g7 of section #db7;i7 is amended by striking right of #ast refusal and inserting option4 7b7 ,clarification with respect to right of first refusal and purchase options 7#a7 ,purchase of partnership interest 7,a7 ,in general ,subparagraph 7,a7 of section #db7;i77#g71 as amended by subsection 7a71 is amended by striking the property and inserting the property or all of the partnership interests 7other than interests of the person exercising such option or a related party thereto 7within the meaning of section #bfg7;b7 or #gjg7;b77#a777 relating to the property4 7,b7 ,application to ,s corporations and other pass-through entities ,subparagraph 7,a7 of section #db7;i77#g7 is amended by adding at the end the following3 ,except as provided by the ,secretary1 the rules of this paragraph shall apply to ,s corporations and other pass-through entities in the same manner as such rules apply to partnerships4 7,c7 ,conforming amendment ,subparagraph 7,b7 of section #db7;i77#g7 is amended by adding at the end the following3 ,in the case of a purchase of all of the partnership interests1 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 sentence44 7#b7 ,property includes assets relating to the building ,paragraph 7#g7 of section #db7;i7 is amended by adding at the end the following new subparagraph3 7,c7 ,property ,for purposes of subparagraph 7,a71 the term property may include all or any of the assets held for the development1 operation1 or maintenance of a building4 4 7#c7 ,exercise of right of first refusal and purchase options ,subparagraph 7,a7 of section #db7;i77#g71 as amended by subsection 7a7 and paragraph 7#a77;,a71 is amended by adding at the end the following3 8,for purposes of determining whether an option1 including a right of first refusal1 to purchase property or all of the partnership interests holding 7directly or indirectly7 such property is described in the preceding sentence-- 7i7 such option or right of first refusal shall be exercisable with or without the approval of any owner of the project 7including any partner1 member1 or affiliated organization of such an owner71 and 7ii7 a right of first refusal shall be exercisable in response to any offer to purchase the property or all of the partnership interests1 including an offer by a related party4 4 7c7 ,other conforming amendment ,subparagraph 7,b7 of section #db7;i77#g71 as amended by subsection 7b71 is amended by striking the sum of and all that follows through application of clause 7ii74 and inserting the following3 the principal amount of outstanding indebtedness secured by the building 7other than indebtedness incurred within the #e-year period ending on the date of the sale to the tenants744 7d7 ,effective dates 7#a7 ,modification of right of first refusal ,the amendments made by subsections 7a7 and 7c7 shall apply to agreements entered into or amended after the date of the enactment of this ,act4 7#b7 ,clarification ,the amendments made by subsection 7b7 shall apply to agreements among the owners of the project 7including partners1 members1 and their affiliated organizations7 and persons described in section #db7;i77#g77;,a7 of the ,internal ,revenue ,code of #aihf entered into before1 on1 or after the date of the enactment of this ,act4 7#c7 ,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 #db7;i77#g7 of the ,internal ,revenue ,code of #aihf in effect on the date of the enactment of this ,act4 #b ,neighborhood ,homes ,investment ,act #acebja4 ,neighborhood homes credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #db the following new section3 #db;,a4 ,neighborhood homes credit 7a7 ,allowance of credit ,for purposes of section #ch1 the neighborhood homes credit determined under this section for the taxable year is1 with respect to each qualified residence sold by the taxpayer during such taxable year in an affordable sale1 the lesser of-- 7#a7 the excess 7if any7 of-- 7,a7 the reasonable development costs paid or incurred by the taxpayer with respect to such qualified residence1 over 7,b7 the sale price of such qualified residence 7reduced by any reasonable expenses paid or incurred by the taxpayer in connection with such sale71 or 7#b7 #ce percent of the lesser of-- 7,a7 the eligible development costs paid or incurred by the taxpayer with respect to such qualified residence1 or 7,b7 #hj percent of the national median sale price for new homes 7as 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 project74 7b7 ,development costs ,for purposes of this section-- 7#a7 ,reasonable development costs 7,a7 ,in general ,the term reasonable development costs means amounts paid or incurred for the acquisition of buildings and land1 construction1 substantial rehabilitation1 demolition of structures1 or environmental remediation1 to the extent that the neighborhood homes credit agency determines that such amounts meet the standards specified pursuant to subsection 7f77#a77;,c7 7as of the date on which construction or substantial rehabilitation is substantially complete1 as determined by such agency7 and are necessary to ensure the financial feasibility of such qualified residence4 7,b7 ,considerations in making determination ,in making the determination under subparagraph 7,a71 the neighborhood homes credit agency shall consider-- 7i7 the sources and uses of funds and the total financing1 7ii7 any proceeds or receipts generated or expected to be generated by reason of tax benefits1 and 7iii7 the reasonableness of the developmental costs and fees4 7#b7 ,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 #ge percent of such costs determined without regard to any amount paid or incurred for the acquisition of buildings and land4 7#c7 ,substantial rehabilitation ,the term substantial rehabilitation means amounts paid or incurred for rehabilitation of a qualified residence if such amounts exceed the greater of-- 7,a7 #bj1jjj1 or 7,b7 #bj percent of the amounts paid or incurred by the taxpayer for the acquisition of buildings and land with respect to such qualified residence4 7#d7 ,construction and rehabilitation only after allocation taken into account 7,a7 ,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 7e7 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 land4 7,b7 ,land and building acquisition costs ,amounts paid or incurred for the acquisition of buildings or land shall be included under paragraph 7,a7 only if paid or incurred not more than #c years before the date on which the allocation referred to in subparagraph 7,a7 is made4 ,if the taxpayer acquired any building or land from an entity 7or any related party to such entity7 that holds an ownership interest in the taxpayer1 then such entity must also have acquired such property within such #c-year period1 and the acquisition cost included under subparagraph 7,a7 with respect to the taxpayer shall not exceed the amount such entity paid or incurred to acquire such property4 7c7 ,qualified residence ,for purposes of this section-- 7#a7 ,in general ,the term qualified residence means a residence that-- 7,a7 is real property affixed on a permanent foundation1 7,b7 is-- 7i7 a house which is comprised of #d or fewer residential units1 7ii7 a condominium unit1 or 7iii7 a house or an apartment owned by a cooperative housing corporation 7as defined in section #baf7;b771 7,c7 is part of a qualified project with respect to the neighborhood homes credit agency has made an allocation under subsection 7e71 and 7,d7 is located in a qualified census tract 7determined as of the date of such allocation74 7#b7 ,qualified census tract 7,a7 ,in general ,the term qualified census tract means a census tract-- 7i7 which-- 7,i7 has a median family income which does not exceed #hj percent of the median family income for the applicable area1 7,,ii7 has a poverty rate that is not less than #acj percent of the poverty rate of the applicable area1 and 7,,iii7 has a median value for owner-occupied homes that does not exceed the median value for owner-occupied homes in the applicable area1 7ii7 which-- 7,i7 is located in a city which has a population of not less than #ej1jjj and such city has a poverty rate that is not less than #aej percent of the poverty rate of the applicable area1 7,,ii7 has a median family income which does not exceed the median family income for the applicable area1 and 7,,iii7 has a median value for owner-occupied homes that does not exceed #hj percent of the median value for owner-occupied homes in the applicable area1 7iii7 which-- 7,i7 is located in a nonmetropolitan county1 7,,ii7 has a median family income which does not exceed the median family income for the applicable area1 and 7,,iii7 has been designated by a neighborhood homes credit agency under this clause1 or 7iv7 which is not otherwise a qualified census tract and is located in a disaster area 7as defined in section #gejh;,a7d77#c771 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 ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act4 7,b7 ,applicable area ,the term applicable area means-- 7i7 in the case of a metropolitan census tract1 the metropolitan area in which such census tract is located1 and 7ii7 in the case of a census tract other than a census tract described in clause 7i71 the ,state4 7d7 ,affordable sale ,for purposes of this section-- 7#a7 ,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 7f77#a77;,d7 for a price that does not exceed-- 7,a7 in the case of any qualified residence not described in subparagraph 7,b71 7,c71 or 7,d71 the amount equal to the product of #d multiplied by the median family income for the applicable area 7as determined pursuant to the most recent census data available as of the date of the contract for such sale71 7,b7 in the case of a house comprised of #b residential units1 #abe percent of the amount described in subparagraph 7,a71 7,c7 in the case of a house comprised of #c residential units1 #aej percent of the amount described in subparagraph 7,a71 or 7,d7 in the case of a house comprised of #d residential units1 #age percent of the amount described in subparagraph 7,a74 7#b7 ,qualified homeowner ,the term qualified homeowner means1 with respect to a qualified residence1 an individual-- 7,a7 who owns and uses such qualified residence as the principal residence of such individual1 and 7,b7 whose family income 7determined as of the date that a binding contract for the affordable sale of such residence is entered into7 is #adj percent or less of the median family income for the applicable area in which the qualified residence is located4 7e7 ,credit ceiling and allocations 7#a7 ,credit limited based on allocations to qualified projects 7,a7 ,in general ,the credit allowed under subsection 7a7 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 7if any7 of-- 7i7 the amount allocated by the neighborhood homes credit agency under this paragraph to such taxpayer with respect to such qualified project1 over 7ii7 the aggregate amount of credit allowed under subsection 7a7 to such taxpayer with respect to qualified residences which are a part of such qualified project for all prior taxable years4 7,b7 ,deadline for completion ,no credit shall be allowed under subsection 7a7 with respect to any qualified residence unless the affordable sale of such residence is during the #e-year period beginning on the date of the allocation to the qualified project of which such residence is a part 7or1 in the case of a qualified residence to which subsection 7i7 applies1 the rehabilitation of such residence is completed during such #e-year period74 7#b7 ,limitations on allocations to qualified projects 7,a7 ,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 year4 7,b7 ,set-aside for certain projects involving qualified nonprofit organizations ,rules similar to the rules of section #db7;h77#e7 shall apply for purposes of this section4 7#c7 ,determination of ,state neighborhood homes credit ceiling 7,a7 ,in general ,the ,state neighborhood homes credit amount for a ,state for a calendar year is an amount equal to the sum of-- 7i7 the greater of-- 7,i7 the product of #c 7#f in the case of calendar year #bjbe71 multiplied by the ,state population 7determined in accordance with section #adf7;j771 or 7,,ii7 #d1jjj1jjj 7#h1jjj1jjj in the case of calendar year #bjbe71 and 7ii7 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 #e-year period described in paragraph 7#a77;,b7 expires during calendar year4 7,b7 ,termination of additional amounts ,the amount determined under subparagraph 7,a77i7 shall be zero with respect to any calendar year beginning after ,december #ca1 #bjbe4 7,c7 #c-year carryforward of unused limitation ,the ,state neighborhood homes credit amount for a ,state for a calendar year shall be increased by the excess 7if any7 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 year4 ,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 arose1 determined on a first-in1 first-out basis4 7f7 ,responsibilities of neighborhood homes credit agencies 7#a7 ,in general ,notwithstanding subsection 7e71 the ,state neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the ,state-- 7,a7 allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency1 7,b7 allocates not more than #bj percent of amounts allocated in the previous year 7or for allocations made in #bjbb1 not more than #bj percent of the neighborhood homes credit ceiling for such year7 to projects with respect to qualified residences which-- 7i7 are located in census tracts described in subsection 7c77#b77;,a77iii71 7c77#b77;,a77iv71 7i77#e71 or 7ii7 are not located in a qualified census tract but meet the requirements of 7i77#h71 7,c7 promulgates standards with respect to reasonable qualified development costs and fees1 7,d7 promulgates standards with respect to construction quality1 7,e7 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 7i7 applies1 promulgates standards with respect to protecting the owners of such residences1 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 residences1 and 7,f7 submits to the ,secretary 7at such time and in such manner as the ,secretary may prescribe7 an annual report specifying-- 7i7 the amount of the neighborhood homes credits allocated to each qualified project for the previous year1 7ii7 with respect to each qualified residence completed in the preceding calendar year-- 7,i7 the census tract in which such qualified residence is located1 7,,ii7 with respect to the qualified project that includes such qualified residence1 the year in which such project received an allocation under this section1 7,,iii7 whether such qualified residence was new1 substantially rehabilitated and sold to a qualified homeowner1 or substantially rehabilitated pursuant to subsection 7i71 7,,iv7 the eligible development costs of such qualified residence1 7,v7 the amount of the neighborhood homes credit with respect to such qualified residence1 7,,vi7 the sales price of such qualified residence1 if applicable1 and 7,,vii7 the family income of the qualified homeowner 7expressed as a percentage of the applicable area median family income for the location of the qualified residence71 and 7iii7 such other information as the ,secretary may require4 7#b7 ,qualified allocation plan ,for purposes of this subsection1 the term qualified allocation plan means any plan which-- 7,a7 sets forth the selection criteria to be used to prioritize qualified projects for allocations of ,state neighborhood homes credit dollar amounts1 including-- 7i7 the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project1 7ii7 the expected contribution of the project to neighborhood stability and revitalization1 including the impact on neighborhood residents1 7iii7 the capability and prior performance of the project sponsor1 and 7iv7 the likelihood the project will result in long-term homeownership1 7,b7 has been made available for public comment1 and 7,c7 provides a procedure that the neighborhood homes credit agency 7or any agent or contractor of such agency7 shall follow for purposes of-- 7i7 identifying noncompliance with any provisions of this section1 and 7ii7 notifying the ,internal ,revenue ,service of any such noncompliance of which the agency becomes aware4 7g7 ,repayment 7#a7 ,in general 7,a7 ,sold during #e-year period ,if a qualified residence is sold during the #e-year period beginning immediately after the affordable sale of such qualified residence referred to in subsection 7a71 the seller 7with respect to the sale during such #e-year period7 shall transfer an amount equal to the repayment amount to the relevant neighborhood homes credit agency4 7,b7 ,use of repayments ,a neighborhood homes credit agency shall use any amount received pursuant to subparagraph 7,a7 only for purposes of qualified projects4 7#b7 ,repayment amount ,for purposes of paragraph 7#a77;,a71 the repayment amount is an amount equal to #ej percent of the gain from the sale to which the repayment relates1 reduced by #bj percent for each year of the #e-year period referred to in paragraph 7#a77;,a7 which ends before the date of such sale4 7#c7 ,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 7#a77;,a74 7#d7 ,denial of deductions if converted to rental housing ,if1 during the #e-year period described in paragraph 7#a71 an individual who owns a qualified residence fails to use such qualified residence as such individual's principal residence for any period of time1 no deduction shall be allowed for expenses paid or incurred by such individual with respect to renting1 during such period of time1 such qualified residence4 7#e7 ,waiver ,the neighborhood homes credit agency may waive the repayment required under paragraph 7#a77;,a7 in the case of homeowner experiencing a hardship4 7h7 ,other definitions and special rules ,for purposes of this section-- 7#a7 ,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 ,state4 7#b7 ,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 residences4 7#c7 ,determinations of family income ,rules similar to the rules of section #adc7;f77#b7 shall apply for purposes of this section4 7#d7 ,possessions treated as states ,the term ,state includes the ,district of ,columbia and the possessions of the ,united ,states4 7#e7 ,special rules related to condominiums and cooperative housing corporations 7,a7 ,determination of development costs ,in the case of a qualified residence described in clause 7ii7 or 7iii7 of subsection 7c77#a77;,a71 the reasonable development costs and eligible development costs of such qualified residence shall be an amount equal to such costs1 respectively1 of the entire condominium or cooperative housing property in which such qualified residence is located1 multiplied by a fraction-- 7i7 the numerator of which is the total floor space of such qualified residence1 and 7ii7 the denominator of which is the total floor space of all residences within such property4 7,b7 ,tenant-stockholders of cooperative housing corporations treated as owners ,in the case of a cooperative housing corporation 7as such term is defined in section #baf7;b771 a tenant-stockholder shall be treated as owning the house or apartment which such person is entitled to occupy4 7#f7 ,related party sales not treated as affordable sales 7,a7 ,in general ,a sale between related persons shall not be treated as an affordable sale4 7,b7 ,related persons ,for purposes of this paragraph1 a person 7in this subparagraph referred to as the related person7 is related to any person if the related person bears a relationship to such person specified in section #bfg7;b7 or #gjg7;b77#a71 or the related person and such person are engaged in trades or businesses under common control 7within the meaning of subsections 7a7 and 7b7 of section #eb74 ,for purposes of the preceding sentence1 in applying section #bfg7;b7 or #gjg7;b77#a71 #aj percent shall be substituted for #ej percent4 7#g7 ,inflation adjustment 7,a7 ,in general ,in the case of a calendar year after #bjbb1 the dollar amounts in subsections 7b77#c77;,a71 7e77#c77;,a77i77,i71 7e77#c77;,a77i77,,ii71 and 7i77#b77;,c7 shall each be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for such calendar year by substituting calendar year #bjba for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding 7i7 ,in the case of the dollar amounts in subsection 7b77#c77;,a7 and 7i77#b77;,c71 any increase under paragraph 7#a7 which is not a multiple of #a1jjj shall be rounded to the nearest multiple of #a1jjj4 7ii7 ,in the case of the dollar amount in subsection 7e77#c77;,a77i77,i71 any increase under paragraph 7#a7 which is not a multiple of #j4ja shall be rounded to the nearest multiple of #j4ja4 7iii7 ,in the case of the dollar amount in subsection 7e77#c77;,a77i77,,ii71 any increase under paragraph 7#a7 which is not a multiple of #ajj1jjj shall be rounded to the nearest multiple of #ajj1jjj4 7#h7 ,report 7,a7 ,in general ,the ,secretary shall annually issue a report1 to be made available to the public1 which contains the information submitted pursuant to subsection 7f77#a77;,f74 7,b7 ,de-identification ,the ,secretary shall ensure that any information made public pursuant to paragraph 7#a7 excludes any information that would allow for the identification of qualified homeowners4 7#i7 ,list of qualified census tracts ,the ,secretary of ,housing and ,urban ,development shall1 for each year1 make publicly available a list of qualified census tracts under-- 7,a7 on a combined basis1 clauses 7i7 and 7ii7 of subsection 7c77#b77;,a71 7,b7 clause 7iii7 of such subsection1 and 7,c7 subsection 7i77#e77;,a74 7i7 ,application of credit with respect to owner-occupied rehabilitations 7#a7 ,in general ,in the case of a qualified rehabilitation by the taxpayer of any qualified residence which is owned 7as of the date that the written binding contract referred to in paragraph 7#c7 is entered into7 by a specified homeowner1 the rules of paragraphs 7#b7 through 7#g7 shall apply4 7#b7 ,alternative credit determination ,in the case of any qualified residence described in paragraph 7#a71 the neighborhood homes credit determined under subsection 7a7 with respect to such residence shall 7in lieu of any credit otherwise determined under subsection 7a7 with respect to such residence7 be allowed in the taxable year during which the qualified rehabilitation is completed 7as determined by the neighborhood homes credit agency7 and shall be equal to the least of-- 7,a7 the excess 7if any7 of-- 7i7 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 7at the time of the completion of such rehabilitation7 as meeting the standards specified pursuant to subsection 7f77#a77;,c71 over 7ii7 any amounts paid to such taxpayer for such rehabilitation1 7,b7 #ej percent of the amounts described in subparagraph 7,a77i71 or 7,c7 #ej1jjj4 7#c7 ,qualified rehabilitation 7,a7 ,in general ,for purposes of this subsection1 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 7b77#c77;,a74 7,b7 ,application of limitation to expenses paid or incurred after allocation ,a rule similar to the rule of section 7b77#d7 shall apply for purposes of this subsection4 7#d7 ,specified homeowner ,for purposes of this subsection1 the term qualified homeowner means1 with respect to a qualified residence1 an individual-- 7,a7 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 7#c7 is entered into1 and 7,b7 whose family income 7determined as of such date7 does not exceed the median family income for the applicable area 7with respect to the census tract in which the qualified residence is located74 7#e7 ,additional census tracts in which owner-occupied residences may be located ,in the case of any qualified residence described in paragraph 7#a71 the term qualified census tract includes any census tract which-- 7,a7 meets the requirements of subsection 7c77#b77;,a77i7 without regard to subclause 7,,iii7 thereof1 and 7,b7 is designated by the neighborhood homes credit agency for purposes of this paragraph4 7#f7 ,modification of repayment requirement ,in the case of any qualified residence described in paragraph 7#a71 subsection 7g7 shall be applied by beginning the #e-year period otherwise described therein on the date on which the qualified owner acquired the residence4 7#g7 ,related parties ,paragraph 7#a7 shall not apply if the taxpayer is the owner of the qualified residence described in paragraph 7#a7 or is related 7within the meaning of subsection 7h77#f77;,b77 to such owner4 7#h7 ,pyrrhotite remediation ,the requirement of subsection 7c77#a77;,c7 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 minerals4 7j7 ,regulations ,the ,secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section1 including regulations that prevent avoidance of the rules1 and abuse of the purposes1 of this section4 4 7b7 ,credit allowed as part of general business credit ,section #ch7;b71 as amended by the preceding provisions of this ,act1 is amended by striking plus at the end of paragraph 7#cd71 by striking the period at the end of paragraph 7#ce7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cf7 the neighborhood homes credit determined under section #db;,a7a71 4 7c7 ,credit allowed against alternative minimum tax ,section #ch7;c77#d77;,b71 as amended by the preceding provisions of this ,act1 is amended by redesginating clauses 7iv7 through 7xiii7 as clauses 7v7 through 7xiv71 respectively1 and by inserting after clause 7iii7 the following new clause3 7iv7 the credit determined under section #db;,a1 4 7d7 ,conforming amendments 7#a7 ,subsections 7i77#c77;,c71 7i77#f77;,b77i71 and 7k77#a7 of section #dfi are each amended by inserting or #db;,a after section #db 4 7#b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by inserting after the item relating to section #db the following new item3 ,sec4 #db;,a4 ,neighborhood homes credit4 4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #c ,investments in tribal infrastructure #acecja4 ,treatment of ,indian ,tribes as ,states with respect to bond issuance 7a7 ,in general ,section #ghga7;c7 is amended to read as follows3 7c7 ,special rules for tax-exempt bonds 7#a7 ,in general ,in applying section #adf to bonds issued by ,indian ,tribal ,governments the ,secretary shall annually-- 7,a7 establish a national bond volume cap based on the greater of-- 7i7 the ,state population formula approach in section #adf7;d77#a77;,a7 7using national ,tribal population estimates supplied annually by the ,department of the ,interior in consultation with the ,census ,bureau71 and 7ii7 the minimum ,state ceiling amount in section #adf7;d77#a77;,b7 7as adjusted in accordance with the cost of living provision in section #adf7;d77#b771 and 7,b7 allocate such national bond volume cap among all ,indian ,tribal ,governments seeking such an allocation in a particular year under regulations prescribed by the ,secretary4 7#b7 ,application of geographic restriction ,in the case of national bond volume cap allocated under paragraph 7#a71 section #adf7k77#a7 shall not apply to the extent that such cap is used with respect to financing for a facility located on qualified ,indian lands4 7#c7 ,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 7as defined in section #d of the ,indian ,gaming ,regulatory ,act7 is conducted or housed or any property actually used in the conduct of such gaming4 7#d7 ,definitions and special rules ,for purposes of this subsection-- 7,a7 ,indian ,tribal ,government ,the term ,indian ,tribal ,government means the governing body of an ,indian ,tribe1 band1 nation1 or other organized group or community1 or of ,alaska ,natives1 which is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians1 and also includes any agencies1 instrumentalities or political subdivisions thereof4 7,b7 ,intertribal consortiums1 etc ,in any case in which an ,indian ,tribal ,government has authorized an intertribal consortium1 a ,tribal organization1 or an ,alaska ,native regional or village corporation1 as defined in1 or established pursuant to1 the ,alaska ,native ,claims ,settlement ,act1 to plan for1 coordinate or otherwise administer services1 finances1 functions1 or activities on its behalf under this subsection1 the authorized entity shall have the rights and responsibilities of the authorizing ,indian ,tribal ,government only to the extent provided in the ,authorizing resolution4 7,c7 ,qualified ,indian lands ,the term qualified ,indian lands shall mean an ,indian reservation as defined in section #c7;d7 of the ,indian ,financing ,act of #aigd 7#be ,u4,s4,c4 #adeb7;d771 including lands which are within the jurisdictional area of an ,oklahoma ,indian ,tribe 7as determined by the ,secretary of the ,interior7 and shall include lands outside a reservation where the facility is to be placed in service in connection with-- 7i7 the active conduct of a trade or business by an ,indian ,tribe on1 contiguous to1 within reasonable proximity of1 or with a substantial connection to1 an ,indian reservation or ,alaska ,native village1 or 7ii7 infrastructure 7including roads1 power lines1 water systems1 railroad spurs1 and communication facilities7 serving an ,indian reservation or ,alaska ,native village4 4 7b7 ,conforming amendment ,subparagraph 7,b7 of section #de7;c77#i7 is amended to read as follows3 7,b7 ,indian ,tribe ,for purposes of this paragraph1 the term ,indian tribe has the meaning given the term ,indian ,tribal ,government by section #ghga7;c77#c77;,a74 4 7c7 ,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 ,act4 #acecjb4 ,new markets tax credit for ,tribal ,statistical ,areas 7a7 ,additional allocations for ,tribal ,statistical ,areas ,section #de;,d7f7 is amended by adding at the end the following new paragraph3 7#e7 ,additional allocations for ,tribal ,statistical ,areas 7,a7 ,in general ,in the case of calendar years #bjbb through #bjbe1 there is 7in addition to any limitation under any other paragraph of this subsection7 a new markets tax credit limitation of #age1jjj1jjj which shall be allocated by the ,secretary as provided in paragraph 7#b7 except that such limitation may only be allocated with respect to ,tribal ,statistical ,areas4 7,b7 ,carryover of unused ,tribal ,statistical ,area limitation 7i7 ,in general ,if the credit limitation under subparagraph 7,a7 for any calendar year exceeds the amount of such limitation allocated by the ,secretary for such calendar year1 such limitation for the succeeding calendar year shall be increased by the amount of such excess4 7ii7 ,limitation on carryover ,no amount of credit limitation may be carried under clause 7i7 past the #eth calendar year following the calendar year in which such amount of credit limitation arose4 7iii7 ,transfer of expired ,tribal ,statistical ,area limitation to general limitation ,in the case of any amount of credit limitation which would 7but for clause 7ii77 be carried under clause 7i7 to the #fth calendar year following the calendar year in which such amount of credit limitation arose1 the new market tax credit limitation under paragraph 7#a7 for such #fth calendar year shall be increased by the amount of such credit limitation1 except that no such increase shall be made for any calendar year after #bjcj4 7,c7 ,tribal statistical area ,for purposes of this paragraph1 the term ,tribal ,statistical ,area means-- 7i7 any low-income community which is located in any ,tribal ,census ,tract1 ,oklahoma ,tribal ,statistical ,area1 ,tribal-,designated ,statistical ,area1 ,alaska ,native ,village ,statistical ,area1 or ,hawaiian ,home ,land1 and 7ii7 any low-income community described in subsection 7e77#a77;,b74 4 7b7 ,eligibility of certain projects serving tribal members ,section #de;,d7e77#a7 is amended to read as follows3 7#a7 ,in general ,the term low-income community means any area-- 7,a7 comprising a population census tract if-- 7i7 the poverty rate for such tract is at least #bj percent1 or 7ii7 7,i7 in the case of a tract not located within a metropolitan area1 the median family income for such tract does not exceed #hj percent of statewide median family income1 or 7,,ii7 in the case of a tract located within a metropolitan area1 the median family income for such tract does not exceed #hj percent of the greater of statewide median family income or the metropolitan area median family income1 7,b7 which is used for a qualified active low-income community business which-- 7i7 services a significant population of ,tribal or ,alaska ,native ,village members who are residents of a low-income community described in subsection 7f77#e77;,c77i71 and 7ii7 obtains a written statement from the relevant ,indian ,tribal ,government 7within the meaning of section #ghga7;c77 that documents the eligibility such project with respect to the requirement of clause 7i74 ,subparagraph 7,a77ii7 shall be applied using possession wide median family income in the case of census tracts located within a possession of the ,united ,states4 4 7c7 ,coordination with existing carryover ,section #de;,d7f77#c7 is amended-- 7#a7 is amended by inserting under paragraph 7#a7 after new markets tax credit limitation1 and 7#b7 by striking the aggregate amount allocated and inserting the amount of such limitation allocated by the ,secretary4 7d7 ,regulatory authority ,section #de;,d7i7 is amended by striking and at the end of paragraph 7#e71 by striking the period at the end of paragraph 7#f7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#g7 which provide documentation requirements for the written statement required under subsection 7e77#a77;,b77ii71 and 7#h7 which provide procedures for determining which projects under subsection 7e77#a77;,b7 are qualified active low-income community businesses with respect to the populations described in such subsection4 ,such procedures shall take into account the location needs of such projects1 especially with respect to projects that serve multiple tribal or ,alaska ,native ,village communities4 4 7e7 ,effective date ,the amendments made by this section shall apply to new markets tax credit limitation determined for calendar years after ,december #ca1 #bjba4 #acecjc4 ,inclusion of ,indian areas as difficult development areas for purposes of certain buildings 7a7 ,in general ,subclause 7,i7 of section #db7;d77#e77;,b77iii7 is amended by inserting 1 or any ,indian area before the period at the end4 7b7 ,indian area ,clause 7iii7 of section #db7;d77#e77;,b7 is amended by redesignating subclause 7,,ii7 as subclause 7,,iv7 and by inserting after subclause 7,i7 the following new subclauses3 7,,ii7 ,indian area ,for purposes of subclause 7,i71 the term ,indian area means any ,indian area 7as defined in section #d7aa7 of the ,native ,american ,housing ,assistance and ,self ,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7aa7774 7,,iii7 ,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 area1 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 #aiif 7#be ,u4,s4,c4 #daja et seq47 or the project sponsor is an ,indian tribe 7as defined in section #de;,a7c77#f771 a tribally designated housing entity 7as defined in section #d7bb7 of such ,act 7#be ,u4,s4,c4 #dajc7bb7771 or wholly owned or controlled by such an ,indian tribe or tribally designated housing entity4 4 7c7 ,effective date ,the amendments made by this section shall apply to buildings placed in service after ,december #ca1 #bjba4 #d ,other provisions #acedja4 ,possessions economic activity credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new section3 #de,v4 ,possessions economic activity credit 7a7 ,allowance of credit ,for purposes of section #ch1 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 #bj percent of the sum of the qualified possession wages and allocable employee fringe benefit expenses paid or incurred by the taxpayer for the taxable year4 7b7 ,qualified domestic corporation2 qualified corporation ,for purposes of this section-- 7#a7 ,in general ,the term qualified domestic corporation means any domestic corporation which is-- 7,a7 a qualified corporation1 or 7,b7 a ,united ,states shareholder of a foreign corporation which-- 7i7 is a qualified corporation1 and 7ii7 is wholly owned by the ,united ,states shareholder together with any corporations which are members of the same affiliated group 7within the meaning of section #aejd7;a77 as such ,united ,states shareholder4 7#b7 ,qualified corporation ,the term qualified corporation means any corporation if such corporation meets the following requirements3 7,a7 ,source qualification #hj percent or more of the gross income of the corporation for the #c-year period immediately preceding the close of the taxable year 7or for such part of such period immediately preceding the close of such taxable year as may be applicable7 was derived from sources within a possession of the ,united ,states 7determined without regard to section #ijd7;f774 7,b7 ,trade or business qualification #ge 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 ,states4 7#c7 ,special rule for separate and clearly identified units of foreign corporations 7,a7 ,in general ,in the case of a ,united ,states shareholder of a foreign corporation which-- 7i7 is not a qualified corporation but with respect to which the ownership requirements of paragraph 7#a77;,b77ii7 are met1 and 7ii7 has an eligible foreign business unit which1 if such unit were a corporation1 would be a qualified corporation with respect to which such ownership requirements would be met1 then1 for purposes of this section1 the ,united ,states shareholder may elect to treat such unit as a separate foreign corporation which meets the requirements of paragraph 7#a77;,b7 and with respect to which such shareholder is a ,united ,states shareholder4 7,b7 ,eligible foreign business unit ,for purposes of this paragraph1 the term eligible foreign business unit means a separate and clearly identified foreign unit of a trade or business1 including a partnership or an entity treated as disregarded as a separate entity from its owner 7under section #ggja or other provision under this title71 which maintains separate books and records4 7,c7 ,special election for affiliated groups ,in the case of an affiliated group described in paragraph 7#a77;,b77ii71 the election under subparagraph 7,a7 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 unit4 7c7 ,qualified possession wages ,for purposes of this section-- 7#a7 ,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 possession1 but only if such services are performed while the principal place of employment of such employee is within such possession4 7#b7 ,limitation on amount of wages taken into account 7,a7 ,in general ,the amount of wages which may be taken into account under paragraph 7#a7 with respect to any employee for any taxable year shall not exceed #ej1jjj4 7,b7 ,treatment of part-time employees1 etc ,if-- 7i7 any employee is not employed by the qualified corporation on a substantially full-time basis at all times during the taxable year1 or 7ii7 the principal place of employment of any employee with the qualified corporation is not within a possession at all times during the taxable year1 the limitation applicable under paragraph 7#a7 with respect to such employee shall be the appropriate portion 7as determined by the ,secretary7 of the limitation which would otherwise be in effect under paragraph 7#a74 7,c7 ,wages 7i7 ,in general ,except as provided in clause 7ii71 the term wages has the meaning given to such term by subsection 7b7 of section #ccjf 7determined without regard to any dollar limitation contained in such section74 ,for purposes of the preceding sentence1 such subsection 7b7 shall be applied as if the term ,united ,states included all possessions of the ,united ,states4 7ii7 ,special rule for agricultural labor and railway labor ,in any case to which subparagraph 7,a7 or 7,b7 of paragraph 7#a7 of section #ea7;h7 applies1 the term wages has the meaning given to such term by section #ea7;h77#b74 7#c7 ,allocable employee fringe benefit expenses 7,a7 ,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 7,b7 for such taxable year as-- 7i7 the aggregate amount of the qualified corporation's qualified possession wages for such taxable year1 bears to 7ii7 the aggregate amount of the wages paid or incurred by such qualified corporation during such taxable year4 ,in no event shall the amount determined under the preceding sentence exceed #ae percent of the amount referred to in clause 7i74 7,b7 ,expenses taken into account ,for purposes of subparagraph 7,a71 the amount determined under this subparagraph for any taxable year is the aggregate amount allowable 7or1 in the case of a foreign corporation1 which would be allowable if such foreign corporation were a domestic corporation7 as a deduction under this chapter to the qualified corporation for such taxable year with respect to-- 7i7 employer contributions under a stock bonus1 pension1 profit-sharing1 or annuity plan1 7ii7 employer-provided coverage under any accident or health plan for employees1 and 7iii7 the cost of life or disability insurance provided to employees4 ,any amount treated as wages under paragraph 7#b77;,c7 shall not be taken into account under this subparagraph4 7d7 ,special rule for qualified small domestic corporation ,for purposes of this section-- 7#a7 ,increased credit percentage ,in the case of a qualified small domestic corporation1 subsection 7a7 shall be applied by substituting #ej percent for #bj percent4 7#b7 ,qualified small domestic corporation 7,a7 ,in general ,the term qualified small domestic corporation means a qualified domestic corporation that meets the requirements of subparagraphs 7,b7 and 7,c74 7,b7 ,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 7b77#a77;,a7 or the foreign corporation under subsection 7b77#a77;,b77i7-- 7i7 has at least #e full-time employees in a possession of the ,united ,states for each year in the #c-year period immediately preceding the close of the taxable year 7or for such part of such period immediately preceding the close of such taxable year as may be applicable71 and 7ii7 has not more than a total of #cj full-time employees for each year in such #c-year period4 7,c7 ,gross receipts ,a qualified domestic corporation meets the requirements of this subparagraph if the annual gross receipts of the qualified domestic corporation 7and all persons related thereto7 for each year in such #c-year period is not more than #ej1jjj1jjj4 7#c7 ,related persons ,in determining whether the limitations under subparagraphs 7,b77ii7 and 7,c7 of paragraph 7#b7 are met1 all persons who are treated as a single employer for purposes of subsection 7a7 or 7b7 of section #eb shall be taken into account4 7#d7 ,amount of wages taken into account ,subsection 7c77#b77;,a7 shall be applied by substituting #adb1hjj for #ej1jjj4 7e7 ,possession of the ,united ,states 7#a7 ,in general ,the term possession of the ,united ,states means ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,commonwealth of ,puerto ,rico1 ,guam1 and the ,virgin ,islands4 7#b7 ,mirror code possessions ,in the case of any possession of the ,united ,states with a mirror code tax system 7as defined in section #bd7k771 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 treated4 7f7 ,separate application to each possession ,for purposes of determining the amount of the credit allowed under this section1 this section shall be applied separately with respect to each possession of the ,united ,states4 7g7 ,termination ,no credit shall be allowed under this section for any taxable year beginning after ,december #ca1 #bjca4 4 7b7 ,credit made part of general business credit ,subsection 7b7 of section #ch1 as amended by the preceding provisions of this ,act1 is amended by striking plus at the end of paragraph 7#cd71 by striking the period at the end of paragraph 7#ce7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cf7 the possessions economic activity credit determined under section #de,v4 4 7c7 ,clerical amendment ,the table of sections for subpart ,b of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following3 ,sec4 #de,v4 ,possessions economic activity credit4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act1 and in the case of a qualified corporation that is a foreign corporation1 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 end4 #acedjb4 ,tax treatment of certain assistance to farmers1 etc 7a7 ,in general ,for purposes of the ,internal ,revenue ,code of #aihf1 in the case of any payment described in section #ajje7;b7 or #ajjf7;e7 of the ,american ,rescue ,plan ,act of #bjba 7as amended by this ,act7-- 7#a7 such payment shall not be included in the gross income of the person on whose behalf1 or to whom1 such payment is made1 7#b7 no deduction shall be denied1 no tax attribute shall be reduced1 and no basis increase shall be denied1 by reason of the exclusion from gross income provided by paragraph 7#a71 and 7#c7 in the case of a partnership or ,s corporation on whose behalf1 or to whom1 such a payment is made-- 7,a7 any amount excluded from income by reason of paragraph 7#a7 shall be treated as tax exempt income for purposes of sections #gje and #acff of such ,code1 and 7,b7 except as provided by the ,secretary of the ,treasury 7or the ,secretary's delegate71 any increase in the adjusted basis of a partner's interest in a partnership under section #gje of such ,code with respect to any amount described in subparagraph 7,a7 shall equal the partner's distributive share of deductions resulting from interest that is part of such payment and the partner's share1 as determined under section #geb of such ,code1 of principal that is part of such payment4 7b7 ,authority to waive certain information reporting requirements ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 may provide an exception from any requirement to file an information return otherwise required by chapter #fa of the ,internal ,revenue ,code of #aihf with respect to any amount excluded from gross income by reason of subsection 7a74 #acedjc4 ,exclusion of amounts received from state-based catastrophe loss mitigation programs 7a7 ,in general ,section #aci is amended by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following new subsection3 7h7 ,state-,based catastrophe loss mitigation programs 7#a7 ,in general ,gross income shall not include any amount received by an individual as a qualified catastrophe mitigation payment under a program established by-- 7,a7 a ,state1 or a political subdivision or instrumentality thereof1 7,b7 a joint powers authority1 or 7,c7 an entity created under ,state law to ensure the availability of an adequate market of last resort for essential property insurance1 over which a ,state agency or ,state department of insurance has regulatory oversight4 7#b7 ,qualified catastrophe mitigation payment ,for purposes of this section1 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 windstorm1 earthquake1 or wildfire4 7#c7 ,no increase in basis ,rules similar to the rules of subsection 7g77#c7 shall apply in the case of this subsection4 4 7b7 ,conforming amendments 7#a7 ,section #aci7;d7 is amended by striking and qualified and inserting 1 qualified catastrophe mitigation payments1 and qualified4 7#b7 ,section #aci7;i7 7as redesignated by subsection 7a77 is amended by striking or qualified and inserting 1 qualified catastrophe mitigation payment1 or qualified4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 ,f ,green energy #acfjja4 ,amendment of #aihf ,code ,except as otherwise expressly provided1 whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 #a ,renewable ,electricity and ,reducing ,carbon ,emissions #acfaja4 ,extension and modification of credit for electricity produced from certain renewable resources 7a7 ,in general ,the following provisions of section #de7;d7 are each amended by striking ,january #a1 #bjbb each place it appears and inserting ,january #a1 #bjbg3 7#a7 ,paragraph 7#b77;,a74 7#b7 ,paragraph 7#c77;,a74 7#c7 ,paragraph 7#d77;,b74 7#d7 ,paragraph 7#f74 7#e7 ,paragraph 7#g74 7#f7 ,paragraph 7#i74 7#g7 ,paragraph 7#aa77;,b74 7b7 ,base credit amount ,section #de is amended by striking #a4e cents each place it appears and inserting #j4c cents4 7c7 ,application of extension to solar ,section #de7;d77#d77;,a7 is amended by striking is placed in service before ,january #a1 #bjjf and inserting the construction of which begins before ,january #a1 #bjbg44 7d7 ,extension of election to treat qualified facilities as energy property ,section #dh7;a77#e77;,c77ii7 is amended by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbg4 7e7 ,application of extension to wind facilities 7#a7 ,in general ,section #de7;d77#a7 is amended by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbg4 7#b7 ,application of phaseout percentage 7,a7 ,renewable electricity production credit ,section #de7;b77#e7 is amended by inserting placed in service before ,january #a1 #bjbb after ,in the case of any facility4 7,b7 ,energy credit ,section #dh7;a77#e77;,e7 is amended by inserting placed in service before ,january #a1 #bjbb after ,in the case of any facility4 7#c7 ,qualified offshore wind facilities under energy credit ,section #dh7;a77#e77;,f77i7 is amended by striking offshore wind facility-- and all that follows and inserting the following3 offshore wind facility1 subparagraph 7,e7 shall not apply44 7f7 ,wage and apprenticeship requirements ,section #de7;b7 is amended by adding at the end the following new paragraphs3 7#f7 ,increased credit amount for qualified facilities 7,a7 ,in general ,in the case of any qualified facility which satisfies the requirements of subparagraph 7,b71 the amount of the credit determined under subsection 7a7 7determined after the application of paragraphs 7#a7 through 7#e77 shall be equal to such amount multiplied by #e 7determined without regard to this sentence74 7,b7 ,qualified facility requirements ,a qualified facility meets the requirements of this subparagraph if it is one of the following3 7i7 ,a facility with a maximum net output of less than #a megawatt4 7ii7 ,a facility the construction of which begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#g7 and 7#h74 7iii7 ,a facility which satisfies the requirements of paragraphs 7#g7 and 7#h74 7#g7 ,prevailing wage requirements 7,a7 ,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-- 7i7 the construction of such facility1 and 7ii7 for the period of the taxable year which is within the #aj-year period beginning on the date the facility was originally placed in service1 the alteration or repair of such facility1 shall be paid wages at rates not less than the prevailing rates for construction1 alteration1 or repair of a similar character in the locality as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,for purposes of determining an increased credit amount under paragraph 7#f77;,a7 for a taxable year1 the requirement under clause 7ii7 is applied to such taxable year in which the alteration or repair of the qualified facility occurs40 7,b7 ,correction and penalty related to failure to satisfy wage requirements 7i7 ,in general ,in the case of any taxpayer which fails to satisfy the requirement under subparagraph 7,a7 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 7,a77ii71 such taxpayer shall be deemed to have satisfied such requirement under such subparagraph with respect to such facility for any year if1 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 year1 such taxpayer-- 7,i7 makes payment to such laborer or mechanic in an amount equal to the sum of-- 7aa7 an amount equal to the difference between-- 7,,aa7 the amount of wages paid to such laborer or mechanic during such period1 and 7,,bb7 the amount of wages required to be paid to such laborer or mechanic pursuant to such subparagraph during such period1 plus 7bb7 interest on the amount determined under item 7aa7 at the underpayment rate established under section #ffba 7determined by substituting #f percentage points for #c percentage points in subsection 7a77#b7 of such section7 for the period described in such item1 and 7,,ii7 makes payment to the ,secretary of a penalty in an amount equal to the product of-- 7aa7 #e1jjj1 multiplied by 7bb7 the total number of laborers and mechanics who were paid wages at a rate below the rate described in subparagraph 7,a7 for any period during such year4 7ii7 ,deficiency procedures not to apply ,subchapter ,b of chapter #fc 7relating to deficiency procedures for income1 estate1 gift1 and certain excise taxes7 shall not apply with respect to the assessment or collection of any penalty imposed by this paragraph4 7iii7 ,intentional disregard ,if the ,secretary determines that any failure described in subclause 7i7 is due to intentional disregard of the requirements under subparagraph 7,a71 subclause 7,i7 shall be applied by substituting three times the sum for the sum in item 7aa7 thereof and subclause 7,,ii7 shall be applied by substituting #aj1jjj for #e1jjj in item 7aa7 thereof4 7iv7 ,limitation on period for payment ,pursuant to rules issued by the ,secretary which are similar to the rules under chapter #fc1 in the case of a final determination by the ,secretary with respect to any failure by the taxpayer to satisfy the requirement under subparagraph 7,a71 subparagraph 7,b77i7 shall not apply unless the payments described in subclauses 7,i7 and 7,,ii7 of such clause are made by the taxpayer on or before the date which is #ahj days after the date of such determination4 7#h7 ,apprenticeship requirements ,the requirements described in this subparagraph with respect to the construction of any qualified facility are as follows3 7,a7 ,labor hours 7i7 ,percentage of total labor hours ,taxpayers shall ensure that not less than the applicable percentage of the total labor hours of the construction1 alteration1 or repair work 7including such work performed by any contractor or subcontractor7 on any qualified facility shall1 subject to subparagraph 7,b71 be performed by qualified apprentices4 7ii7 ,applicable percentage ,for purposes of clause 7i71 the applicable percentage shall be-- 7,i7 in the case of a qualified facility the construction of which begins before ,january #a1 #bjbc1 #aj percent1 7,,ii7 in the case of a qualified facility the construction of which begins after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #ab4e percent1 and 7,,iii7 in the case of a qualified facility the construction of which begins after ,december #ca1 #bjbc1 #ae percent4 7,b7 ,apprentice to journeyworker ratio ,the requirement under subparagraph 7,a77i7 shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the ,department of ,labor or the applicable ,state apprenticeship agency4 7,c7 ,participation ,each contractor and subcontractor who employs #d or more individuals to perform construction1 alteration1 or repair work on a qualified facility shall employ #a or more qualified apprentices to perform such work4 7,d7 ,exception 7i7 ,in general ,a taxpayer shall not be treated as failing to satisfy the requirements of this paragraph if such taxpayer-- 7,i7 makes a good faith effort to comply with the requirements of this paragraph1 or 7,,ii7 subject to clause 7iii71 in the case of any failure by the taxpayer to satisfy the requirement under subparagraphs 7,a7 and 7,c7 with respect to the construction1 alteration1 or repair work on any qualified facility to which subclause 7,i7 does not apply1 makes payment to the ,secretary of a penalty in an amount equal to the product of-- 7aa7 #ej1 multiplied by 7bb7 the total labor hours for which the requirement described in such subparagraph was not satisfied with respect to the construction1 alteration1 or repair work on such qualified facility4 7ii7 ,good faith effort ,for purposes of clause 7i71 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 program1 as defined in section #caca7;e77#c77;,b71 and-- 7,i7 such request has been denied1 provided that such denial is not the result of a refusal by the contractors or subcontractors engaged in the performance of construction1 alteration1 or repair work on such qualified facility to comply with the established standards and requirements of the registered apprenticeship program1 or 7,,ii7 the registered apprenticeship program fails to respond to such request within #e business days after the date on which such registered apprenticeship program received such request4 7iii7 ,intentional disregard ,if the ,secretary determines that any failure described in subclause 7i77,,ii7 is due to intentional disregard of the requirements under subparagraphs 7,a7 and 7,c71 subclause 7i77,,ii7 shall be applied by substituting #ejj for #ej in item 7aa7 thereof4 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 ,labor hours ,the term labor hours-- 7,i7 means the total number of hours devoted to the performance of construction1 alteration1 or repair work by employees of the taxpayer 7including construction1 alteration1 or repair work by any contractor or subcontractor71 and 7,,ii7 excludes any hours worked by-- 7aa7 foremen1 7bb7 superintendents1 7cc7 owners1 or 7dd7 persons employed in a bona fide executive1 administrative1 or professional capacity 7within the meaning of those terms in part #eda of title #bi1 ,code of ,federal ,regulations74 7ii7 ,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 program1 as defined in section #caca7;e77#c77;,b74 7#i7 ,domestic content bonus credit amount 7,a7 ,in general ,in the case of any qualified facility which satisfies the requirement under subparagraph 7,b71 the amount of the credit determined under subsection 7a7 7determined after the application of paragraphs 7#a7 through 7#h77 shall be increased by an amount equal to #aj percent of the amount otherwise in effect under such subsection4 7,b7 ,requirement 7i7 ,in general ,the requirement described in this subclause with respect to any qualified facility is satisfied if the taxpayer certifies to the ,secretary 7at such time1 and in such form and manner1 as the ,secretary may prescribe7 that any steel1 iron1 or manufactured product which is a component of such facility 7upon completion of construction7 was produced in the ,united ,states4 7ii7 ,steel and iron 7,i7 ,in general ,in the case of steel or iron1 clause 7i7 shall be applied in a manner consistent with section #ffa4e7;b7 of title #di1 ,code of ,federal ,regulations4 7,,ii7 ,exception ,subclause 7,i7 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 iron4 7iii7 ,manufactured product ,for purposes of clause 7i71 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 7including components7 which are mined1 produced1 or manufactured in the ,united ,states4 7,c7 ,adjusted percentage 7i7 ,in general ,subject to subclause 7ii71 for purposes of subparagraph 7,b77iii71 the adjusted percentage shall be-- 7,i7 in the case of a facility the construction of which begins before ,january #a1 #bjbe1 #dj percent1 7,,ii7 in the case of a facility the construction of which begins after ,december #ca1 #bjbd1 and before ,january #a1 #bjbf1 #de percent1 7,,iii7 in the case of a facility the construction of which begins after ,december #ca1 #bjbe1 and before ,january #a1 #bjbg1 #ej percent1 and 7,,iv7 in the case of a facility the construction of which begins after ,december #ca1 #bjbf1 #ee percent4 7ii7 ,offshore wind facility ,for purposes of subparagraph 7,b77iii71 in the case of a qualified facility which is an offshore wind facility1 the adjusted percentage shall be-- 7,i7 in the case of a facility the construction of which begins before ,january #a1 #bjbe1 #bj percent1 7,,ii7 in the case of a facility the construction of which begins after ,december #ca1 #bjbd1 and before ,january #a1 #bjbf1 #bg4e percent1 7,,iii7 in the case of a facility the construction of which begins after ,december #ca1 #bjbe1 and before ,january #a1 #bjbg1 #ce percent1 7,,iv7 in the case of a facility the construction of which begins after ,december #ca1 #bjbf1 and before ,january #a1 #bjbh1 #de percent1 and 7,v7 in the case of a facility the construction of which begins after ,december #ca1 #bjbg1 #ee percent4 7#aj7 ,phaseout for elective payment 7,a7 ,in general ,in the case of a taxpayer making an election under section #fdag with respect to a credit under this section1 the amount of such credit shall be replaced with-- 7i7 the value of such credit 7determined without regard to this paragraph71 multiplied by 7ii7 the applicable percentage4 7,b7 #ajj percent applicable percentage for certain qualified facilities ,in the case of any qualified facility-- 7i7 which satisfies the requirements under paragraph 7#i7 with respect to the construction of such facility1 or 7ii7 with a maximum net output of less than #a megawatt1 the applicable percentage shall be #ajj percent4 7,c7 ,phased domestic content requirement ,subject to subparagraph 7,d71 in the case of any qualified facility which is not described in subparagraph 7,b71 the applicable percentage shall be-- 7i7 if construction of such facility began before ,january #a1 #bjbd1 #ajj percent1 7ii7 if construction of such facility began in calendar year #bjbd1 #ij percent1 7iii7 if construction of such facility began in calendar year #bjbe1 #he percent1 and 7iv7 if construction of such facility began after ,december #ca1 #bjbe1 #j percent4 7,d7 ,exception 7i7 ,in general ,for purposes of this paragraph1 the ,secretary shall provide appropriate exceptions to the requirements under subparagraph 7,b7 for the construction of qualified facilities if-- 7,i7 the inclusion of domestic products increases the overall costs of construction of qualified facilities by more than #be percent1 or 7,,ii7 relevant domestic products are not produced in the ,united ,states in sufficient and reasonably available quantities or of a satisfactory quality4 7ii7 ,applicable percentage ,in any case in which the ,secretary provides an exception pursuant to clause 7i71 the applicable percentage shall be #ajj percent4 7#aa7 ,special rule for qualified facility located in energy community 7,a7 ,in general ,in the case of a qualified facility which is located in an energy community1 the credit determined under subsection 7a7 shall be increased by an amount equal to #aj percent of the amount otherwise in effect under such subsection 7without application of subsection 7b77#i774 7,b7 ,energy community ,the term energy community means a census tract or any directly adjoining census tract in which-- 7i7 after ,december #ca1 #aiii1 a coal mine has closed1 or 7ii7 after ,december #ca1 #bjji1 a coal-fired electric generating unit has been retired4 7#ab7 ,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 subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of establishing the requirements of this subsection4 4 7g7 ,credit reduced for tax-exempt bonds ,section #de7;b77#c7 is amended to read as follows3 7#c7 ,credit reduced for tax-exempt bonds ,the amount of the credit determined under subsection 7a7 with respect to any facility for any taxable year 7determined after the application of paragraphs 7#a7 and 7#b77 shall be reduced by the amount which is the product of the amount so determined for such year and the lesser of #ae percent or a fraction-- 7,a7 the numerator of which is the sum1 for the taxable year and all prior taxable years1 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 #ajc1 and 7,b7 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 years4 ,the amounts under the preceding sentence for any taxable year shall be determined as of the close of the taxable year4 4 7h7 ,rounding adjustment ,section #de7;b77#b7 is amended by striking ,if any amount as increased under the preceding sentence is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent and inserting ,if the #j4c cent amount as increased under the preceding sentence is not a multiple of #j4je cent1 such amount shall be rounded to the nearest multiple of #j4je cent4 ,in any other case1 if an amount as increased under this paragraph is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent4 7i7 ,conforming amendment ,section #de7;b77#d77;,a7 is amended by striking last sentence and inserting last two sentences4 7j7 ,effective dates 7#a7 ,the amendments made by subsections 7a71 7b71 7c71 7d71 7e71 7f71 7h71 and 7i7 of this section shall apply to facilities placed in service after ,december #ca1 #bjba4 7#b7 ,the amendment made by subsection 7g7 shall apply to facilities the construction of which begins after ,december #ca1 #bjba4 #acfajb4 ,extension and modification of energy credit 7a7 ,extension of credit ,the following provisions of section #dh are each amended by striking ,january #a1 #bjbd each place it appears and inserting ,january #a1 #bjbg3 7#a7 ,subsection 7a77#b77;,a77i77,,ii74 7#b7 ,subsection 7a77#c77;,a77ii74 7#c7 ,subsection 7c77#a77;,d74 7#d7 ,subsection 7c77#b77;,d74 7#e7 ,subsection 7c77#d77;,c74 7b7 ,further extension for certain energy property ,the following provisions of section #dh are each amended by striking ,january #a1 #bjbd each place it appears and inserting ,january #a1 #bjcd3 7#a7 ,subsection 7a77#c77;,a77vii74 7#b7 ,subsection 7c77#c77;,a77iv74 7c7 ,phaseout of credit ,section #dh7;a7 is amended by striking paragraphs 7#f7 and 7#g7 and inserting the following new paragraph3 7#f7 ,phaseout for certain energy property ,in the case of any qualified fuel cell property1 qualified small wind property1 or energy property described in clause 7i7 or clause 7ii7 of paragraph 7#c77;,a7 the construction of which begins after ,december #ca1 #bjai and which is placed in service before ,january #a1 #bjbb1 the energy percentage determined under paragraph 7#b7 shall be equal to #bf percent4 4 7d7 ,base energy percentage amount ,section #dh7;a7 is amended-- 7#a7 in paragraph 7#b77;,a7-- 7,a7 in clause 7i71 by striking #cj percent and inserting #f percent1 and 7,b7 in clause 7ii71 by striking #aj percent and inserting #b percent1 and 7#b7 in paragraph 7#e77;,a77ii71 by striking #cj percent and inserting #f percent4 7e7 #f percent credit for geothermal ,section #dh7;a77#b77;,a77i77,,ii7 is amended by striking paragraph 7#c77;,a77i7 and inserting clause 7i7 or 7iii7 of paragraph 7#c77;,a74 7f7 ,energy storage technologies2 qualified biogas property2 microgrid controllers2 extension of waste energy recovery property 7#a7 ,in general ,section #dh7;a77#c77;,a7 is amended by striking or at the end of clause 7vii71 and by adding at the end the following new clauses3 7ix7 energy storage technology1 7x7 qualified biogas property1 or 7xi7 microgrid controllers1 4 7#b7 ,application of #f percent credit ,section #dh7;a77#b77;,a77i7 is amended by striking and at the end of subclauses 7,,iv7 and 7,v7 and adding at the end the following new subclauses3 7,,vi7 energy storage technology1 7,,vii7 qualified biogas property1 7,,viii7 microgrid controllers1 and 7,,ix7 energy property described in clauses 7v7 and 7vii7 of paragraph 7#c77;,a71 and 4 7#c7 ,definitions ,section #dh7;c7 is amended by adding at the end the following new paragraphs3 7#f7 ,energy storage technology 7,a7 ,in general ,the term energy storage technology means property 7other than property primarily used in the transportation of goods or individuals and not for the production of electricity7 which receives1 stores1 and delivers energy for conversion to electricity 7or1 in the case of hydrogen1 which stores energy71 and has a nameplate capacity of not less than #e kilowatt hours4 7,b7 ,modifications of certain property ,in the case of any equipment which either-- 7i7 would be described in subparagraph 7,a7 except that such equipment has a capacity of less than #e kilowatt hours and is modified such that such equipment 7after such modification7 has a nameplate capacity of not less than #e kilowatt hours1 or 7ii7 is described in subparagraph 7,a7 and which has a capacity of not less than #e kilowatt hours and is modified such that such equipment 7after such modification7 has an increased nameplate capacity1 such equipment shall be treated as described in subparagraph 7,a7 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 section4 ,in the case of any property to which this subparagraph applies1 subparagraph 7,c7 shall be applied by substituting modification for construction4 7,c7 ,termination ,the term energy storage technology shall not include any property the construction of which does not begin before ,january #a1 #bjbg4 7#g7 ,qualified biogas property 7,a7 ,in general ,the term qualified biogas property means property comprising a system which-- 7i7 converts biomass 7as defined in section #de,k7c77#c71 as in effect on the date of enactment of this paragraph7 into a gas which-- 7,i7 consists of not less than #eb percent methane by volume1 or 7,,ii7 is concentrated by such system into a gas which consists of not less than #eb percent methane1 and 7ii7 captures such gas for sale or productive use1 and not for disposal via combustion4 7,b7 ,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 gas4 7,c7 ,termination ,the term qualified biogas property shall not include any property the construction of which does not begin before ,january #a1 #bjbg4 7#h7 ,microgrid controller 7,a7 ,in general ,the term microgrid controller means equipment which is-- 7i7 part of a qualified microgrid1 and 7ii7 designed and used to monitor and control the energy resources and loads on such microgrid4 7,b7 ,qualified microgrid ,the term qualified microgrid means an electrical system which-- 7i7 includes equipment which is capable of generating not less than #d kilowatts and not greater than #bj megawatts of electricity1 7ii7 is capable of operating-- 7,i7 in connection with the electrical grid and as a single controllable entity with respect to such grid1 and 7,,ii7 independently 7and disconnected7 from such grid1 and 7iii7 is not part of a bulk-power system 7as defined in section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #bdo774 7,c7 ,termination ,the term microgrid controller shall not include any property the construction of which does not begin before ,january #a1 #bjbg4 4 7#d7 ,denial ,of ,double ,benefit ,for ,qualified ,biogas ,property ,section #de7;e7 is amended by adding at the end the following new paragraph3 7#ab7 ,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 7as defined in section #dh7;c77#g77 if a credit is determined under section #dh with respect to such property for the taxable year or any prior taxable year4 4 7#e7 ,extension of waste energy recovery property ,section #dh7;c77#e77;,d7 is amended by striking ,january #a1 #bjbd and inserting ,january #a1 #bjcd4 7#f7 ,phaseout of certain other energy property ,section #dh7;a7 is amended by adding at the end the following new paragraph3 7#g7 ,phaseout for certain other energy property ,in the case of any energy property described in clause 7v71 7vii7 or 7viii7 of paragraph 7#c77;,a71 the energy percentage determined under paragraph 7#b7 shall be equal to-- 7,a7 in the case of any property described in paragraph 7#c77;,a77viii7 the construction of which begins after ,december #ca1 #bjai1 and which is placed in service before ,january #a1 #bjbb1 #bf percent1 7,b7 in the case of any property the construction of which begins before ,january #a1 #bjcb1 and which is placed in service after ,december #ca1 #bjba1 #f percent1 7,c7 in the case of any property the construction of which begins after ,december #ca1 #bjca and before ,january #a1 #bjcc1 #e4b percent1 and 7,d7 in the case of any property the construction of which begins after ,december #ca1 #bjcb and before ,january #a1 #bjcd1 #d4d percent4 4 7g7 ,fuel cells using electromechanical processes 7#a7 ,in general ,section #dh7;c77#a7 is amended-- 7,a7 in subparagraph 7,a77i7-- 7i7 by inserting or electromechanical after electrochemical1 and 7ii7 by inserting 7#a kilowatt in the case of a fuel cell power plant with a linear generator assembly7 after #j4e kilowatt1 and 7,b7 in subparagraph 7,c7-- 7i7 by inserting 1 or linear generator assembly1 after a fuel cell stack assembly1 and 7ii7 by inserting or electromechanical after electrochemical4 7#b7 ,linear generator assembly limitation ,section #dh7;c77#a7 is amended by redesignating subparagraph 7,d7 as subparagraph 7,e7 and by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 ,linear generator assembly ,the term linear generator assembly does not include any assembly which contains rotating parts4 4 7h7 ,dynamic glass ,section #dh7;a77#c77;,a77ii7 is amended by inserting 1 or electrochromic glass which uses electricity to change its light transmittance properties in order to heat or cool a structure1 after sunlight4 7i7 ,coordination with low income housing tax credit ,paragraph 7#c7 of section #ej7;c7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking and at the end of subparagraph 7,a71 7#b7 by striking the period at the end of subparagraph 7,b7 and inserting 1 and1 and 7#c7 by adding at the end the following new subparagraph3 7,c7 paragraph 7#a7 shall not apply for purposes of determining eligible basis under section #db4 4 7j7 ,interconnection property ,section #dh7;a7 is amended by adding at the end the following new paragraph3 7#h7 ,interconnection property 7,a7 ,in general ,for purposes of determining the credit under subsection 7a71 energy property shall include amounts paid or incurred by the taxpayer for qualified interconnection property in connection with the installation of energy property 7described in paragraph 7#c77;,a77 which has a maximum net output of not greater than #e megawatts1 to provide for the transmission or distribution of the electricity produced or stored by such property1 and which are properly chargeable to the capital account of the taxpayer4 7,b7 ,qualified interconnection property ,the term qualified interconnection property means1 with respect to an energy project which is not a microgrid controller1 any tangible property-- 7i7 which is part of an addition1 modification1 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 interconnection1 7ii7 either-- 7,i7 which is constructed1 reconstructed1 or erected by the taxpayer1 or 7,,ii7 for which the cost with respect to the construction1 reconstruction1 or erection of such property is paid or incurred by such taxpayer1 and 7iii7 the original use of which1 pursuant to an interconnection agreement1 commences with a utility4 7,c7 ,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 utility4 7,d7 ,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 thereof1 any agency or instrumentality of the ,united ,states1 a public service or public utility commission or other similar body of any ,state or political subdivision thereof1 or the governing or ratemaking body of an electric cooperative4 7,e7 ,special rule for interconnection property ,in the case of expenses paid or incurred for interconnection property1 amounts otherwise chargeable to capital account with respect to such expenses shall be reduced under rules similar to the rules of section #ej7;c74 4 7k7 ,wage and apprenticeship requirements ,section #dh7;a7 is amended by adding at the end the following new paragraphs3 7#i7 ,increased credit amount for energy projects 7,a7 ,in general 7i7 ,rule ,in the case of any energy project which satisfies the requirements of subparagraph 7,b71 the amount of the credit determined under this subsection 7determined after the application of paragraphs 7#a7 through 7#h7 shall be equal to such amount multiplied by #e 7determined without regard to this sentence74 7ii7 ,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 project4 ,the requirements of this paragraph shall be applied to such project4 7,b7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7i7 ,a project with a maximum net output of less than #a megawatt of electrical or thermal energy4 7ii7 ,a project the construction of which begins before the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#aj7 and 7#aa74 7iii7 ,a project which satisfies the requirements of paragraphs 7#aj7 and 7#aa74 7#aj7 ,prevailing wage requirements 7,a7 ,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-- 7i7 the construction of such energy project1 and 7ii7 for the five-year period beginning on the date such project is originally placed in service1 the alteration or repair of such project1 shall be paid wages at rates not less than the prevailing rates for construction1 alteration1 or repair of a similar character in the locality as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply4 7,c7 ,recapture ,the ,secretary shall1 by regulations or other guidance1 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 7,a7 7after application of subparagraph 7,b77 for the period described in clause 7ii7 of subparagraph 7,a7 7but which does not cease to be investment credit property within the meaning of section #ej7;a774 ,the period and percentage of such recapture shall be determined under rules similar to the rules of section #ej7;a74 7#aa7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#ab7 ,domestic content bonus credit amount 7,a7 ,in general ,in the case of any energy project which satisfies the requirement under subparagraph 7,b71 for purposes of applying paragraph 7#b7 with respect to such property1 the energy percentage shall be increased by the applicable credit rate increase4 7,b7 ,requirement ,rules similar to the rules of section #de7;b77#i77;,b7 shall apply4 7,c7 ,applicable credit rate increase ,for purposes of subparagraph 7,a71 the applicable credit rate increase shall be-- 7i7 in the case of an energy project that does not satisfy the requirements of paragraph 7#i77;,b71 #b percentage points1 and 7ii7 in the case of an energy project that satisfies the requirements of paragraph 7#i77;,b71 #aj percentage points4 7#ac7 ,phaseout for elective payment ,rules similar to the rules of section #de7;b77#aj7 shall apply4 7#ad7 ,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 subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of establishing the requirements of this subsection4 4 7l7 ,special rule for property financed by tax-exempt bonds ,section #dh7;a77#d7 is amended to read as follows3 7#d7 ,special rule for property financed by tax-exempt bonds ,rules similar to the rule under section #de7;b77#c7 shall apply for purposes of this section4 4 7m7 ,treatment of certain contracts involving energy storage ,section #ggja7;e7 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a77i71 by striking or at the end of subclause 7,,ii71 by striking and at the end of subclause 7,,iii7 and inserting or1 and by adding at the end the following new subclause3 7,,iv7 the operation of a storage facility1 and 1 and 7,b7 by adding at the end the following new subparagraph3 7,f7 ,storage facility ,for purposes of subparagraph 7,a71 the term storage facility means a facility which uses energy storage technology within the meaning of section #dh7;c77#f74 1 and 7#b7 in paragraph 7#d71 by striking or water treatment works facility and inserting water treatment facility1 or storage facility4 7n7 ,increase in credit rate for energy communities ,section #dh7;a7 is amended by adding at the end the following new paragraph3 7#ae7 ,increase in credit rate for energy communities 7,a7 ,in general ,in the case of any energy project that is placed in service within an energy community 7as defined in section #de7;b77#aa77;,b771 for purposes of applying paragraph 7#b7 with respect to such property1 the energy percentage shall be increased by the applicable credit rate increase4 7,b7 ,applicable credit rate increase ,for purposes of subparagraph 7,a71 the applicable credit rate increase shall be equal to-- 7i7 in the case of any energy project that does not satisfy the requirements of paragraph 7#i77;,b71 #b percentage points1 and 7ii7 in the case of any energy project that satisfies the requirements of paragraph 7#i77;,b71 #aj percentage points4 4 7o7 ,effective dates 7#a7 ,the amendments made by subsections 7a71 7b71 7c71 7d71 7h71 7i71 7j71 7l71 7m71 and 7n7 of this section shall apply to property placed in service after ,december #ca1 #bjba4 7#b7 ,the amendments made by subsections 7e71 7f71 and 7g7 shall apply to property placed in service after ,december #ca1 #bjba1 and1 for any property the construction of which begins prior to ,january #a1 #bjbb1 only to the extent of the basis thereof attributable to the construction1 reconstruction1 or erection after ,december #ca1 #bjba4 7#c7 ,the amendments made by subsection 7k7 shall apply to property the construction of which begins after ,december #ca1 #bjba4 #acfajc4 ,increase in energy credit for solar facilities placed in service in connection with low-income communities 7a7 ,in general ,section #dh is amended by adding at the end the following new subsection3 7e7 ,special rules for certain solar and wind facilities placed in service in connection with low-income communities 7#a7 ,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 7#d7-- 7,a7 the energy percentage otherwise determined under subsection 7a77#b7 with respect to any eligible property which is part of such facility shall be increased by-- 7i7 in the case of a facility described in subclause 7,i7 of paragraph 7#b77;,a77iii7 and not described in subclause 7,,ii7 of such paragraph1 #aj percentage points1 and 7ii7 in the case of a facility described in subclause 7,,ii7 of paragraph 7#b77;,a77iii71 #bj percentage points1 and 7,b7 the increase in the credit determined under subsection 7a7 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 7determined without regard to this subparagraph7 as-- 7i7 the environmental justice solar and wind capacity limitation allocated to such facility1 bears to 7ii7 the total megawatt nameplate capacity of such facility1 as measured in direct current4 7#b7 ,qualified solar and wind facility ,for purposes of this subsection-- 7,a7 ,in general ,the term qualified solar and wind facility means any facility-- 7i7 which generates electricity solely from property described in section #de7;d77#a7 or in clause 7i7 or 7vi7 of subsection 7a77#c77;,a71 7ii7 which has a maximum net output of less than #e megawatts1 and 7iii7 which-- 7,i7 is located in a low-income community 7as defined in section #de;,d7e77 or on ,indian land 7as defined in section #bfja7b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja7b7771 or 7,,ii7 is part of a qualified low-income residential building project or a qualified low-income economic benefit project4 7,b7 ,qualified low-income residential building project ,a facility shall be treated as part of a qualified low-income residential building project if-- 7i7 such facility is installed on a residential rental building which participates in a covered housing program 7as defined in section #dadaa7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdia7;a77#c771 a ,housing ,development ,fund ,corporation cooperative under ,article ,,xi of the ,new ,york ,state ,private ,housing ,finance ,law1 a housing assistance program administered by the ,department of ,agriculture under title ,v of the ,housing ,act of #aidi1 a housing program administered by a tribally designated housing entity 7as defined in section #d7bb7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7bb777 or such other affordable housing programs as the ,secretary may provide1 and 7ii7 the financial benefits of the electricity produced by such facility are allocated equitably among the occupants of the dwelling units of such building4 7,c7 ,qualified low-income economic benefit project ,a facility shall be treated as part of a qualified low-income economic benefit project if at least #ej percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- 7i7 less than #bjj percent of the poverty line applicable to a family of the size involved1 or 7ii7 less than #hj percent of area median gross income 7as determined under section #adb7;d77#b77;,b774 7,d7 ,financial benefit ,for purposes of subparagraphs 7,b7 and 7,c71 electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit4 7#c7 ,eligible property ,for purposes of this section1 the term eligible property means energy property which is part of a facility described in section #de7;d77#a7 or in clause 7i7 or 7vi7 of subsection 7a77#c77;,a71 including energy storage property 7described in subsection 7a77#c77;,a77viii77 installed in connection with such energy property4 7#d7 ,allocations 7,a7 ,in general ,not later than #bgj days after the date of enactment of this subsection1 the ,secretary shall establish a program to allocate amounts of environmental justice solar and wind capacity limitation to qualified solar and wind facilities4 7,b7 ,limitation ,the amount of environmental justice solar and wind capacity limitation allocated by the ,secretary under subparagraph 7,a7 during any calendar year shall not exceed the annual capacity limitation with respect to such year4 7,c7 ,annual capacity limitation ,for purposes of this paragraph1 the term annual capacity limitation means #a4h gigawatts of direct current capacity for each of calendar years #bjbb through #bjbf1 and zero thereafter4 7,d7 ,carryover of unused limitation ,if the annual capacity limitation for any calendar year exceeds the aggregate amount allocated for such year under this paragraph1 such limitation for the succeeding calendar year shall be increased by the amount of such excess4 ,no amount may be carried under the preceding sentence to any calendar year after #bjbf except as provided in section #dh;,f7i77#d77;,d77ii74 7,e7 ,placed in service deadline 7i7 ,in general ,paragraph 7#a7 shall not apply with respect to any property which is placed in service after the date that is #d years after the date of the allocation with respect to the facility of which such property is a part4 7ii7 ,application of carryover ,any amount of environmental justice solar and wind capacity limitation which expires under clause 7i7 during any calendar year shall be taken into account as an excess described in subparagraph 7,d7 7or as an increase in such excess7 for such calendar year1 subject to the limitation imposed by the last sentence of such subparagraph4 7,f7 ,selection criteria 7i7 ,in general ,in determining to which qualified solar and wind facilities to allocate environmental justice solar and wind capacity limitation under this paragraph1 the ,secretary shall take into consideration which facilities will result in-- 7,i7 the greatest health and economic benefits1 including the ability to withstand extreme weather events1 for individuals described in section #de;,d7e77#b71 7,,ii7 the greatest employment and wages for such individuals1 and 7,,iii7 the greatest engagement with1 outreach to1 or ownership by1 such individuals1 including through partnerships with local governments1 community-based organizations1 an ,indian tribal government 7as defined in clause 7ii771 or any ,alaska ,native ,corporation 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7m774 7ii7 ,indian tribal government ,for purposes of this subparagraph1 the term ,indian tribal government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this subsection pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7,g7 ,disclosure of allocations ,the ,secretary shall1 upon making an allocation of environmental justice solar and wind capacity limitation under this paragraph1 publicly disclose the identity of the applicant1 the amount of the environmental justice solar and wind capacity limitation allocated to such applicant1 and the location of the facility for which such allocation is made4 7#e7 ,recapture ,the ,secretary shall1 by regulations or other guidance1 provide for recapturing the benefit of any increase in the credit allowed under subsection 7a7 by reason of this subsection with respect to any property which ceases to be property eligible for such increase 7but which does not cease to be investment credit property within the meaning of section #ej7;a774 ,the period and percentage of such recapture shall be determined under rules similar to the rules of section #ej7;a74 ,to the extent provided by the ,secretary1 such recapture may not apply with respect to any property if1 within #ab months after the date the taxpayer becomes aware 7or reasonably should have become aware7 of such property ceasing to be property eligible for such increase1 the eligibility of such property for such increase is restored4 ,the preceding sentence shall not apply more than once with respect to any facility4 4 7b7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbb4 #acfajd4 ,elective payment for energy property and electricity produced from certain renewable resources1 etc 7a7 ,in general ,subchapter ,b of chapter #fe is amended by inserting after section #fdaf the following new section3 #fdag4 ,elective payment of applicable credits 7a7 ,in general ,in the case of a taxpayer making an election 7at such time and in such manner as the ,secretary may provide7 under this section with respect to any applicable credit determined with respect to such taxpayer1 such taxpayer shall be treated as making a payment against the tax imposed by subtitle ,a 7for the taxable year with respect to which such credit was determined7 equal to the amount of such credit4 7b7 ,applicable credit ,the term applicable credit means each of the following3 7#a7 ,so much of the renewable electricity production credit determined under section #de as is attributable to qualified facilities which are originally placed in service after ,december #ca1 #bjba1 and with respect to which an election is made under subsection 7c77#c74 7#b7 ,the energy credit determined under section #dh4 7#c7 ,so much of the credit for carbon oxide sequestration determined under section #de,q as is attributable to carbon capture equipment which is originally placed in service after ,december #ca1 #bjba1 and with respect to which an election is made under subsection 7c77#c74 7#d7 ,the credit for alternative fuel vehicle refueling property allowed under section #cj;,c4 7#e7 ,the qualifying advanced energy project credit determined under section #dh;,c4 7c7 ,special rules ,for purposes of this section-- 7#a7 ,application to tax-exempt and governmental entities ,in the case of any organization exempt from the tax imposed by subtitle ,a1 any ,state or local government 7or political subdivision thereof71 the ,tennessee ,valley ,authority1 an ,indian tribal government 7as defined in section #dh7;e77#d77;,f77ii771 or any ,alaska ,native ,corporation 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7m77 which makes the election described in subsection 7a71 any applicable credit shall be determined-- 7,a7 without regard to paragraphs 7#c7 and 7#d77;,a77i7 of section #ej7;b71 and 7,b7 by treating any property with respect to which such credit is determined as used in a trade or business of the taxpayer4 7#b7 ,application to partnerships and ,s corporations 7,a7 ,in general ,in the case of any applicable credit determined with respect to any facility or property held directly by a partnership or ,s corporation1 if such partnership or ,s corporation makes an election under this subsection 7in such manner as the ,secretary may provide7 with respect to such credit-- 7i7 the ,secretary shall make a payment to such partnership or ,s corporation equal to the amount of such credit1 7ii7 subsection 7d7 shall be applied with respect to such credit before determining any partner's distributive share1 or shareholder's pro rata share1 of such credit1 7iii7 any amount with respect to which the election in subsection 7a7 is made shall be treated as tax exempt income for purposes of sections #gje and #acff1 and 7iv7 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 year4 7,b7 ,coordination with application at partner or shareholder level ,in the case of any partnership or ,s corporation1 subsection 7a7 shall be applied at the partner or shareholder level after application of subparagraph 7,a77ii74 7#c7 ,elections 7,a7 ,in general ,any election under this subsection shall be made not later than the due date 7including extensions of time7 for the return of tax for the taxable year for which the election is made1 but in no event earlier than #bgj days after the date of the enactment of this section4 ,any such election1 once made1 shall be irrevocable4 ,except as otherwise provided in this paragraph1 any election under this subsection shall apply with respect to any credit for the taxable year for which the election is made4 7,b7 ,renewable electricity production credit ,in the case of the credit described in subsection 7b77#a71 any election under this subsection shall-- 7i7 apply separately with respect to each qualified facility1 7ii7 be made for the taxable year in which such qualified facility is originally placed in service1 and 7iii7 shall apply to such taxable year and all subsequent taxable years with respect to such qualified facility4 7,c7 ,credit for carbon oxide sequestration ,in the case of the credit described in subsection 7b77#c71 any election under this subsection shall-- 7i7 apply separately with respect to the carbon capture equipment originally placed in service by the taxpayer during a taxable year1 and 7ii7 shall apply to such taxable year and all subsequent taxable years with respect to such equipment4 7#d7 ,timing ,the payment described in subsection 7a7 shall be treated as made on-- 7,a7 in the case of any government1 or political subdivision1 described in paragraph 7#a7 and for which no return is required under section #fjaa or #fjcc7;a71 the later of the date that a return would be due under section #fjcc7;a7 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 7at such time and in such manner as the ,secretary shall provide71 and 7,b7 in any other case1 the later of the due date 7determined without regard to extensions7 of the return of tax for the taxable year or the date on which such return is filed4 7#e7 ,treatment of payments to partnerships and ,s corporations ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 the payments under paragraph 7#b77;,a77ii7 shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 7#f7 ,additional information ,as a condition of1 and prior to1 a payment under this section1 the ,secretary may require such information or registration as the ,secretary deems necessary or appropriate for purposes of preventing duplication1 fraud1 improper payments1 or excessive payments under this section4 7#g7 ,excessive payment 7,a7 ,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 7a7 which the ,secretary determines constitutes an excessive payment1 the tax imposed on such taxpayer by chapter #a for the taxable year in which such determination is made shall be increased by an amount equal to the sum of-- 7i7 the amount of such excessive payment1 plus 7ii7 an amount equal to #bj percent of such excessive payment4 7,b7 ,reasonable cause ,subparagraph 7,a77ii7 shall not apply if the taxpayer demonstrates to the satisfaction of the ,secretary that the excessive payment resulted from reasonable cause4 7,c7 ,excessive payment defined ,for purposes of this paragraph1 the term excessive payment means1 with respect to a facility for which an election is made under this section for any taxable year1 an amount equal to the excess of-- 7i7 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 7a7 with respect to such facility for such taxable year1 over 7ii7 the amount of the credit which1 without application of this subsection1 would be otherwise allowable 7determined without regard to section #ch7;c77 under this section with respect to such facility for such taxable year4 7d7 ,denial of double benefit ,in the case of a taxpayer making an election under this section with respect to an applicable credit1 such credit shall be reduced to zero and shall1 for any other purposes under this title1 be deemed to have been allowed to the taxpayer for such taxable year4 7e7 ,mirror code possessions ,in the case of any possession of the ,united ,states with a mirror code tax system 7as defined in section #bd7k771 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 treated4 7f7 ,basis reduction and recapture ,except as otherwise provided in subsection 7c77#a77;,a71 rules similar to the rules of section #ej shall apply for purposes of this section4 7g7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section1 including-- 7#a7 regulations or other guidance providing rules for determining a partner's distributive share of the tax exempt income described in subsection 7c77#b77;,a77iii71 and 7#b7 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 7determined without regard to section #ch7;c774 4 7b7 ,application with respect to real estate investment trusts ,section #ej7;d7 is amended by adding at the end the following3 ,in the case of a real estate investment trust making an election under section #fdag1 paragraphs 7#a77;,b7 and 7#b77;,b7 of the section #df7;e7 referred to in paragraph 7#a7 of this subsection shall not apply to any qualified investment credit property of a real estate investment trust44 7d7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #fe is amended by inserting after the item relating to section #fdaf the following new item3 ,sec4 #fdag4 ,elective payment of applicable credits4 4 7e7 ,in general ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acfaje4 ,investment credit for electric transmission property 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #dh;,c the following new section3 #dh;,d4 ,qualifying electric transmission property 7a7 ,allowance of credit ,for purposes of section #df1 the qualifying electric transmission property credit for any taxable year is an amount equal to #f percent of the basis of qualifying electric transmission property placed in service by the taxpayer during such taxable year4 7b7 ,qualifying electric transmission property ,for purposes of this section-- 7#a7 ,in general ,the term qualifying electric transmission property means tangible property-- 7,a7 which is a qualifying electric transmission line or related transmission property1 7,b7 7i7 the construction1 reconstruction1 or erection of which is completed by the taxpayer1 or 7ii7 which is acquired by the taxpayer if the original use of such property commences with the taxpayer1 and 7,c7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable4 7#b7 ,qualifying electric transmission line 7,a7 ,in general ,the term qualifying electric transmission line means an electric transmission line which-- 7i7 is capable of transmitting electricity at a voltage of not less than #bge kilovolts or is a superconducting line1 and 7ii7 has a transmission capacity of not less than #ejj megawatts4 7,b7 ,superconducting line ,for purposes of subparagraph 7,a71 the term superconducting line means a transmission line that conducts all of its current over a superconducting material4 7#c7 ,related transmission property 7,a7 ,in general ,the term related transmission property means1 with respect to any electric transmission line1 any property which-- 7i7 is listed as a transmission plant in the ,uniform ,system of ,accounts for the ,federal ,energy ,regulatory ,commission under part #aja of subchapter ,c of chapter ,i of title #ah1 ,code of ,federal ,regulations1 and 7ii7 is-- 7,i7 necessary for the operation of such electric transmission line1 or 7,,ii7 conversion equipment along such electric transmission line4 7,b7 ,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 relates4 7c7 ,application to replacement and upgraded systems 7#a7 ,in general ,in the case of any qualifying electric transmission line 7determined without regard to this subsection7 which replaces any existing electric transmission line-- 7,a7 the #ejj megawatts referred to in subsection 7b77#b77;,a77ii7 shall be increased by the transmission capacity of such existing electric transmission line1 and 7,b7 in no event shall the basis of such existing electric transmission line 7or related transmission property with respect to such existing electric transmission line7 be taken into account in determining the credit allowed under this section4 7#b7 ,upgrades treated as replacements ,for purposes of this subsection1 any upgrade of an existing electric transmission line shall be treated as a replacement of such line4 7d7 ,exception for certain property and projects already in process 7#a7 ,in general ,no credit shall be allowed under this section with respect to-- 7,a7 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 #a1 #bjbb1 or 7,b7 any property if-- 7i7 construction of such property begins before ,january #a1 #bjbb1 or 7ii7 construction of any portion of the qualifying electric transmission line to which such property relates begins before such date4 7#b7 ,when construction begins ,for purposes of subparagraph 7,b7 of paragraph 7#a71 construction of property begins when the taxpayer has begun on-site physical work of a significant nature with respect to such property4 7e7 ,certain qualified progress expenditures rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of this section4 7f7 ,credit adjustments2 ,wage and apprenticeship requirements 7#a7 ,increased credit amount for applicable facilities 7,a7 ,in general 7i7 ,rule ,in the case of any applicable facility which satisfies the requirements of subparagraph 7,b71 the amount of the credit determined under subsection 7a7 shall be such amount multiplied by #e 7determined without regard to this sentence74 7ii7 ,applicable facility defined ,for purposes of this subsection1 the term applicable facility means a qualifying electric transmission line and related transmission property to which such qualifying electric transmission line relates4 7,b7 ,applicable facility requirements ,an applicable facility meets the requirements of this subparagraph if it is one of the following3 7i7 ,an applicable facility the construction of which begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#b7 and 7#c74 7ii7 ,an applicable facility which satisfies the requirements of paragraphs 7#b7 and 7#c74 7#b7 ,prevailing wage requirements ,rules similar to the rules of section #dh7;a77#aj7 shall apply4 7#c7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#d7 ,domestic content bonus credit amount ,rules similar to the rules of section #dh7;a77#ab7 shall apply4 7#e7 ,phaseout for elective payment ,rules similar to the rules of section #dh7;a77#ac7 shall apply4 7g7 ,termination ,this section shall not apply to any qualifying electric transmission property unless such property is placed in service before ,january #a1 #bjcb4 7h7 ,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 subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of establishing the requirements of this subsection4 4 7b7 ,elective payment of credit ,section #fdag7;b71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#f7 ,the qualifying electric transmission property credit determined under section #dh;,d4 4 7c7 ,special rule for property financed by tax-exempt bonds ,section #dh;,d1 as added by subsection 7a71 is amended by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following new subsection3 7h7 ,special rule for property financed by tax-exempt bonds ,rules similar to the rules of section #de7;b77#c7 shall apply4 4 7d7 ,conforming amendments 7#a7 ,section #df is amended-- 7,a7 by striking and at the end of paragraph 7#e71 7,b7 by striking the period at the end of paragraph 7#f7 and inserting 1 and1 and 7,c7 by adding at the end the following new paragraph3 7#g7 the qualifying electric transmission property credit4 4 7#b7 ,section #di7;a77#a77;,c7 is amended-- 7,a7 by striking and at the end of clause 7vii71 7,b7 by striking the period at the end of clause 7viii7 and inserting 1 and1 and 7,c7 by adding at the end the following new clause3 7ix7 the basis of any qualifying electric transmission property under section #dh;,d4 4 7#c7 ,section #ej7;a77#b77;,e7 is amended by striking or #dh;,c7b77#b7 and inserting #dh;,c7b77#b71 or #dh;,d7e74 7#d7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #dh;,c the following new item3 ,sec4 #dh;,d4 ,qualifying electric transmission property4 4 7e7 ,effective date 7#a7 ,in general ,the amendments made by subsections 7a71 7b71 and 7d7 of this section shall apply to property placed in service after ,december #ca1 #bjba4 7#b7 ,tax-exempt bonds ,the amendment made by subsection 7c7 shall apply to property the construction of which begins after ,december #ca1 #bjba4 7#c7 ,exception for certain property and projects already in process ,for exclusion of certain property and projects already in process1 see section #dh;,d7d7 of the ,internal ,revenue ,code of #aihf 7as added by this section74 #acfajf4 ,extension and modification of credit for carbon oxide sequestration 7a7 ,modification of carbon oxide capture requirements ,section #de,q7d7 is amended to read as follows3 7d7 ,qualified facility 7#a7 ,in general ,for purposes of this section1 the term qualified facility means a facility which captures-- 7,a7 in the case of a direct air capture facility1 not less than #a1jjj metric tons of qualified carbon oxide during the taxable year1 7,b7 in the case of an electricity generating facility1 not less than #ah1gej metric tons of qualified carbon oxide during the taxable year and not less than #ge percent by mass of the carbon oxide that would otherwise be released into the atmosphere by such facility during such taxable year1 and 7,c7 in the case of any other facility1 not less than #ab1ejj metric tons of qualified carbon oxide during the taxable year4 7#b7 ,termination rule ,the term qualified facility means any industrial facility or direct air capture facility-- 7,a7 the construction of which begins before ,january #a1 #bjcb1 and 7,b7 either-- 7i7 the construction of carbon capture equipment of which begins before such date1 or 7ii7 the original planning and design of which includes installation of carbon capture equipment4 4 7b7 ,determination of applicable dollar amount 7#a7 ,in general ,section #de,q7b77#a7 is amended by striking subparagraph 7,b7 and by inserting after subparagraph 7,a7 the following new subparagraphs3 7,b7 ,special rule for direct air capture facilities ,for any qualified facility described in subsection 7d77#a77;,a71 the construction of which begins after ,december #ca1 #bjba1 the applicable dollar amount shall be an amount equal to the applicable dollar amount otherwise determined with respect to such facility under subparagraph 7,a71 except that such subparagraph shall be applied-- 7i7 in clause 7i77,i7 of such subparagraph1 by substituting #cf for #ag1 and 7ii7 in clause 7i77,,ii7 of such subparagraph1 by substituting #bf for #ab4 7,c7 ,applicable dollar amount for additional carbon capture equipment ,in the case of any qualified facility the construction of which begins before ,january #a1 #bjbb1 if any additional carbon capture equipment is installed at such facility and construction of such equipment began after ,december #ca1 #bjba1 the applicable dollar amount shall be an amount equal to the applicable dollar amount otherwise determined under subparagraph 7,a71 except that such subparagraph shall be applied by substituting carbon capture equipment for qualified facility each place it appears4 4 7#b7 ,conforming amendments 7,a7 ,section #de,q7b77#a77;,a7 is amended by striking ,the applicable dollar amount and inserting ,except as provided in subparagraph 7,b71 the applicable dollar amount4 7,b7 ,section #de,q7b77#a77;,d71 as redesignated by subparagraph 7,a71 is amended by striking subparagraph 7,a7 and inserting subparagraph 7,a71 7,b71 or 7,c74 7,c7 ,section #de,q7b77#b7 is amended by inserting ,subject to paragraph 7#c7 before in the case4 7c7 ,wage and apprenticeship requirements ,section #de,q is amended by redesignating subsection 7h7 as subsection 7i7 and inserting after subsection 7g7 following new subsection3 7h7 ,increased credit amount for qualified facilities and carbon capture equipment 7#a7 ,in general ,in the case of any qualified facility and any carbon capture equipment which satisfy the requirements of paragraph 7#b71 the amount of the credit determined under subsection 7a7 shall be equal to such amount multiplied by #e 7determined without regard to this sentence74 7#b7 ,requirements ,the requirements described in this subparagraph are that-- 7,a7 with respect to any qualified facility the construction of which begins on or after the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#c7 and 7#d71 as well as any carbon capture equipment placed in service at such facility-- 7i7 subject to subparagraph 7,b7 of paragraph 7#c71 such facility and equipment satisfy the requirements under subparagraph 7,a7 of such paragraph1 and 7ii7 the construction of such facility and equipment satisfy the requirements under paragraph 7#d71 7,b7 with respect to any carbon capture equipment the construction of which begins after the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#c7 and 7#d71 and which is installed at a qualified facility the construction of which began prior to such date-- 7i7 subject to subparagraph 7,b7 of paragraph 7#c71 such equipment satisfies the requirements of subparagraphs 7,a7 of such paragraph1 and 7ii7 the construction of such facility and equipment satisfy the requirements under paragraph 7#d71 and 7,c7 the construction of carbon capture equipment begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#c7 and 7#d71 and such equipment is installed at a qualified facility the construction of which begins prior to such date4 7#c7 ,prevailing wage requirements 7,a7 ,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-- 7i7 in the case of-- 7,i7 any qualified facility described in subparagraph 7,a77i7 of paragraph 7#b71 the construction of such facility and carbon capture equipment placed in service at such facility1 or 7,,ii7 any carbon capture equipment described in subparagraph 7,a77ii7 of paragraph 7#b71 the construction of such equipment1 and 7ii7 for the period of the taxable year which is within the #ab-year period beginning on the date on which any carbon capture equipment is originally placed in service at any qualified facility 7as described in paragraphs 7#c77;,a7 and 7#d77;,a7 of subsection 7a771 the alteration or repair of such facility or such equipment1 shall be paid wages at rates not less than the prevailing rates for construction1 alteration1 or repair of a similar character in the locality as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,for purposes of determining an increased credit amount under paragraph 7#a7 for a taxable year1 the requirement under clause 7ii7 of this paragraph is applied to such taxable year in which the alteration or repair of qualified facility occurs4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply4 7#d7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#e7 ,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 subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of establishing the requirements of this subsection4 4 7d7 ,increased applicable dollar amount 7#a7 ,in general ,section #de,q7b77#a7 is amended-- 7,a7 by amending clause 7i7 of subparagraph 7,a7 to read as follows3 7i7 for any taxable year beginning in a calendar year after #bjaf and before #bjbg-- 7,i7 for purposes of paragraph 7#c7 of subsection 7a71 #ag for each calendar year during such period1 and 7,,ii7 for purposes of paragraph 7#d7 of such subsection1 #ab for each calendar year during such period1 and 1 and 7,b7 in clause 7ii7-- 7i7 in subclause 7,i71 by striking #ej and inserting the amount determined under clause 7i77,i7 with respect to the qualified facility1 and 7ii7 in subclause 7,,ii71 by striking #ce and inserting the amount determined under clause 7i77,,ii7 with respect to the qualified facility4 7e7 ,installation of additional carbon capture equipment on certain facilities ,section #de,q7b7 is amended by redesignating paragraph 7#c7 as paragraph 7#d7 and by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,installation of additional carbon capture equipment on certain facilities ,in the case of a qualified facility described in paragraph 7#a77;,c71 for purposes of determining the amount of qualified carbon oxide which is captured by the taxpayer1 rules similar to rules of paragraph 7#b7 shall apply for purposes of subsection 7a74 4 7f7 ,credit reduced for tax-exempt bonds ,section #de,q7f7 is amended by adding at the end the following new paragraph3 7#h7 ,credit reduced for tax-exempt bonds ,rules similar to the rule under section #de7;b77#c7 shall apply for purposes of this section4 4 7g7 ,application of section for certain carbon capture equipment ,section #de,q7g7 is amended by inserting the earlier of ,january #a1 #bjbc and before the end of the calendar year4 7h7 ,election ,section #de,q7f7 is amended by adding at the end the following new paragraph3 7#i7 ,election ,for purposes of paragraphs 7#c7 and 7#d7 of subsection 7a71 a person described in paragraph 7#c77;,a77ii7 may elect1 at such time and in such manner as the ,secretary may prescribe1 to have the #ab-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 #bjah 7after application of subsection 7f77#f7 where applicable7 if-- 7,a7 no taxpayer claimed a credit under this section with respect to such carbon capture equipment for any prior taxable year1 7,b7 the qualified facility at which such carbon capture equipment is placed in service is located in an area affected by a federally-declared disaster 7as defined by section #afe7;i7 7#e77;,a77 after the carbon capture equipment is originally placed in service1 and 7,c7 such federally-declared disaster results in a cessation of the operation of the qualified facility after the carbon capture equipment is originally placed in service4 4 7i7 ,effective dates 7#a7 ,the amendments made by subsections 7a71 7b71 7c71 7d71 7e71 7f71 and 7g7 shall apply to facilities or equipment the construction of which begins after ,december #ca1 #bjba4 7#b7 ,the amendments made by subsection 7h7 shall apply to carbon oxide captured and disposed of after ,december #ca1 #bjba4 #acfajg4 ,green energy publicly traded partnerships 7a7 ,in general ,section #ggjd7;d77#a77;,e7 is amended-- 7#a7 by striking income and gains derived from the exploration and inserting income and gains derived from-- 7i7 the exploration 1 7#b7 by inserting or before industrial source1 and 7#c7 by striking 1 or the transportation or storage and all that follows and inserting the following3 7ii7 the generation of electric power or thermal energy exclusively using any qualified energy resource 7as defined in section #de7;c77#a771 7iii7 the operation of energy property 7as defined in section #dh7;a77#c71 determined without regard to any date by which the construction of the facility is required to begin71 7iv7 in the case of a facility described in paragraph 7#c7 or 7#g7 of section #de7;d7 7determined without regard to any placed in service date or date by which construction of the facility is required to begin71 the accepting or processing of open-loop biomass or municipal solid waste1 7v7 the transportation or storage of any fuel described in subsection 7b71 7c71 7d71 or 7e7 of section #fdbf1 7vi7 the conversion of renewable biomass 7as defined in subparagraph 7,i7 of section #baa7o77#a7 of the ,clean ,air ,act 7as in effect on the date of the enactment of this clause77 into renewable fuel 7as defined in subparagraph 7,j7 of such section as so in effect71 or the storage or transportation of such fuel1 7vii7 the production1 storage1 or transportation of any fuel which-- 7,i7 uses as its primary feedstock carbon oxides captured from an anthropogenic source or the atmosphere1 7,,ii7 does not use as its primary feedstock carbon oxide which is deliberately released from naturally occurring subsurface springs1 and 7,,iii7 is determined by the ,secretary to achieve a reduction of not less than a #fj percent in lifecycle greenhouse gas emissions 7as defined in section #baa7o77#a77;,h7 of the ,clean ,air ,act1 as in effect on the date of the enactment of this clause7 compared to baseline lifecycle greenhouse gas emissions 7as defined in section #baa7o77#a77;,c7 of such ,act1 as so in effect71 or 7viii7 a qualified facility 7as defined in section #de,q7d71 without regard to any date by which construction of the facility is required to begin74 4 7b7 ,effective date ,the amendments made by this section apply to taxable years beginning after ,december #ca1 #bjba4 #acfajh4 ,zero-emission nuclear power production credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,w4 ,zero-emission nuclear power production credit 7a7 ,amount of credit ,for purposes of section #ch1 the zero-emission nuclear power production credit for any taxable year is an amount equal to the amount by which-- 7#a7 the product of-- 7,a7 #j4c cents1 multiplied by 7,b7 the kilowatt hours of electricity-- 7i7 produced by the taxpayer at a qualified nuclear power facility1 and 7ii7 sold by the taxpayer to an unrelated person during the taxable year1 exceeds 7#b7 the reduction amount for such taxable year4 7b7 ,definitions 7#a7 ,qualified nuclear power facility ,for purposes of this section1 the term qualified nuclear power facility means any nuclear facility-- 7,a7 which is owned by the taxpayer and which uses nuclear energy to produce electricity1 7,b7 which is not an advanced nuclear power facility as defined in subsection 7d77#a7 of section #de;,j1 and 7,c7 which is placed in service before the date of the enactment of this section4 7#b7 ,reduction amount 7,a7 ,in general ,for purposes of this section1 the term reduction amount means1 with respect to any qualified nuclear power facility for any taxable year1 the amount equal to the lesser of-- 7i7 the amount determined under subsection 7a77#a71 or 7ii7 the amount equal to #af percent of the excess of-- 7,i7 subject to subparagraph 7,b71 the gross receipts from any electricity produced by such facility 7including any electricity services or products provided in conjunction with the electricity produced by such facility7 and sold to an unrelated person during such taxable year1 over 7,,ii7 the amount equal to the product of-- 7aa7 #b4e cents1 multiplied by 7bb7 the amount determined under subsection 7a77#a77;,b74 7,b7 ,treatment of certain receipts 7i7 ,in general ,the amount determined under subparagraph 7,a77ii77,i7 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-- 7,i7 by the full amount of the credit determined under this section1 or 7,,ii7 by any lesser amount if such amount entirely offsets the amount received from a zero-emission credit program4 7ii7 ,zero-emission credit program ,for purposes of this subparagraph1 the term zero-emission credit program means any payments to a qualified nuclear power facility as a result of any ,federal1 ,state or local government program for1 in whole or in part1 the zero-emission1 zero-carbon1 or air quality attributes of any portion of the electricity produced by such facility4 7#c7 ,electricity ,for purposes of this section1 the term electricity means the energy produced by a qualified nuclear power facility from the conversion of nuclear fuel into electric power4 7c7 ,other rules 7#a7 ,inflation adjustment ,the #j4c cent amount in subsection 7a77#a77;,a7 and the #b4e cent amount in subsection 7b77#b77;,a77ii77,,ii77aa7 shall each be adjusted by multiplying such amount by the inflation adjustment factor 7as determined under section #de7;e77#b71 as applied by substituting calendar year #bjbb for calendar year #aiib in subparagraph 7,b7 thereof7 for the calendar year in which the sale occurs4 ,if the #j4c cent amount as increased under this paragraph is not a multiple of #j4je cent1 such amount shall be rounded to the nearest multiple of #j4je cent4 ,if the #b4e cent amount as increased under this paragraph is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent4 7#b7 ,special rules ,rules similar to the rules of paragraphs 7#a71 7#c71 7#d71 and 7#e7 of section #de7;e7 shall apply for purposes of this section4 7#c7 ,ultimate purchaser ,for purposes of this section1 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 taxpayer4 7d7 ,wage requirements 7#a7 ,increased credit amount for qualified nuclear power facilities ,in the case of any qualified nuclear power facility which satisfies the requirements of paragraph 7#b71 the amount of the credit determined under subsection 7a7 shall be equal to such amount multiplied by #e 7determined without regard to this sentence74 7#b7 ,prevailing wage requirements 7,a7 ,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 ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply4 7#c7 ,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 subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of establishing the requirements of this subsection4 7e7 ,termination ,this section shall not apply to taxable years beginning after ,december #ca1 #bjbg4 4 7b7 ,conforming amendments 7#a7 ,section #ch7;b7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in paragraph 7#cb71 by striking plus at the end1 7,b7 in paragraph 7#cc71 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#cd7 the zero-emission nuclear power production credit determined under section #de,w7a74 4 7#b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,w4 ,zero-emission nuclear power production credit4 4 7c7 ,elective payment of credit ,section #fdag7;b71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#g7 ,the zero-emission nuclear power production credit determined under section #de,w4 4 7d7 ,effective date ,this section shall apply to electricity produced and sold after ,december #ca1 #bjba1 in taxable years beginning after such date4 #b ,renewable ,fuels #acfbja4 ,extension of incentives for biodiesel1 renewable diesel and alternative fuels 7a7 ,biodiesel and renewable diesel credit ,section #dj;,a7g7 is amended by striking ,december #ca1 #bjbb and inserting ,december #ca1 #bjbf4 7b7 ,biodiesel mixture credit 7#a7 ,in general ,section #fdbf7;c77#f7 is amended by striking ,december #ca1 #bjbb and inserting ,december #ca1 #bjbf4 7#b7 ,fuels not used for taxable purposes ,section #fdbg7;e77#f77;,b7 is amended by striking ,december #ca1 #bjbb and inserting ,december #ca1 #bjbf4 7c7 ,alternative fuel credit ,section #fdbf7;d77#e7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbf4 7d7 ,alternative fuel mixture credit ,section #fdbf7;e77#c7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbf4 7e7 ,payments for alternative fuels ,section #fdbg7;e77#f77;,c7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbf4 7f7 ,effective date ,the amendments made by this section shall apply to fuel sold or used after ,december #ca1 #bjba4 #acfbjb4 ,extension of second generation biofuel incentives 7a7 ,in general ,section #dj7;b77#f77;,j77i7 is amended by striking #bjbb and inserting #bjbg4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to qualified second generation biofuel production after ,december #ca1 #bjba4 #acfbjc4 ,sustainable aviation fuel credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #dj;,a the following new section3 #dj;,b4 ,sustainable aviation fuel credit 7a7 ,in general ,for purposes of section #ch1 the sustainable aviation fuel credit for the taxable year is1 with respect to any sale or use of a qualified mixture which occurs during such taxable year1 an amount equal to the product of-- 7#a7 the number of gallons of sustainable aviation fuel in such mixture1 multiplied by 7#b7 the sum of-- 7,a7 #a4be1 plus 7,b7 the applicable supplementary amount with respect to such sustainable aviation fuel4 7b7 ,applicable supplementary amount ,for purposes of this section1 the term applicable supplementary amount means1 with respect to any sustainable aviation fuel1 an amount equal to #j4ja for each percentage point by which the lifecycle greehouse gas emissions reduction percentage with respect to such fuel exceeds #ej percent4 ,in no event shall the applicable supplementary amount determined under this subsection exceed #j4ej4 7c7 ,qualified mixture ,for purposes of this section1 the term qualified mixture means a mixture of sustainable aviation fuel and kerosene if-- 7#a7 such mixture is produced by the taxpayer in the ,united ,states1 7#b7 such mixture is used by the taxpayer 7or sold by the taxpayer for use7 in an aircraft1 7#c7 such sale or use is in the ordinary course of a trade or business of the taxpayer1 and 7#d7 the transfer of such mixture to the fuel tank of such aircraft occurs in the ,united ,states4 7d7 ,sustainable aviation fuel ,for purposes of this section1 the term sustainable aviation fuel means liquid fuel which-- 7#a7 meets the requirements of-- 7,a7 ,,astm ,international ,standard ,d#geff1 or 7,b7 the ,fischer ,tropsch provisions of ,,astm ,international ,standard ,d#afee1 ,annex ,a#a1 7#b7 is not derived from palm fatty acid distillates or petroleum1 and 7#c7 has been certified in accordance with subsection 7e7 as having a lifecycle greenhouse gas emissions reduction percentage of at least #ej percent4 7e7 ,lifecycle greenhouse gas emissions reduction percentage ,for purposes of this section1 the term lifecycle greenhouse gas emissions reduction percentage means1 with respect to any sustainable aviation fuel1 the percentage reduction in lifecycle greenhouse gas emissions-- 7#a7 as defined in accordance with-- 7,a7 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 ,states1 or 7,b7 any similar methodology which satisfies the criteria under section #baa7o77#a77;,h7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,h771 and 7#b7 achieved by such fuel as compared with petroleum-based jet fuel4 7f7 ,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 #daja and has provided such other information with respect to such fuel as the ,secretary may require for purposes of carrying out this section4 7g7 ,coordination with credit against excise tax ,the amount of the credit determined under this section with respect to any sustainable aviation fuel shall1 under rules prescribed by the ,secretary1 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 #fdbf or #fdbg7;e74 7h7 ,termination ,this section shall not apply to any sale or use after ,december #ca1 #bjbf4 4 7b7 ,credit made part of general business credit ,section #ch7;b7 is amended by striking plus at the end of paragraph 7#cc71 by striking the period at the end of paragraph 7#cd7 and inserting 1 plus1 and by inserting after paragraph 7#cd7 the following new paragraph3 7#ce7 the sustainable aviation fuel credit determined under section #dj;,b4 4 7c7 ,coordination with biodiesel incentives 7#a7 ,in general ,section #dj;,a7d77#a7 is amended by inserting or #dj;,b after determined under section #dj4 7#b7 ,conforming amendment ,section #dj;,a7f7 is amended by striking paragraph 7#d74 7d7 ,sustainable aviation fuel added to credit for alcohol fuel1 biodiesel1 and alternative fuel mixtures 7#a7 ,in general ,section #fdbf is amended by adding at the end the following new subsection3 7k7 ,sustainable aviation fuel credit 7#a7 ,in general ,for purposes of this section1 the sustainable aviation fuel credit for the taxable year is1 with respect to any sale or use of a qualified mixture1 an amount equal to the product of-- 7,a7 the number of gallons of sustainable aviation fuel in such mixture1 multiplied by 7,b7 the sum of-- 7i7 #a4be1 plus 7ii7 the applicable supplementary amount with respect to such sustainable aviation fuel4 7#b7 ,applicable supplementary amount ,for purposes of this subsection1 the term applicable supplementary amount has the meaning given such term in section #dj;,b7b74 7#c7 ,other definitions ,any term used in this subsection which is also used in section #dj;,b shall have the meaning given such term by section #dj;,b4 7#d7 ,registration requirement ,for purposes of this subsection1 rules similar to the rules of section #dj;,b7f7 shall apply4 4 7#b7 ,conforming amendments 7,a7 ,section #fdbf is amended-- 7i7 in subsection 7a77#a71 by striking and 7e7 and inserting 7e71 and 7k71 and 7ii7 in subsection 7h71 by striking under section #dj or #dj;,a and inserting under section #dj1 #dj;,a1 or #dj;,b4 7,b7 ,section #fdbg7;e77#f7 is amended by striking the and at the end of subparagraph 7,c71 by striking the period at the end of subparagraph 7,d7 and inserting 1 and1 and by adding at the end the following new subparagraph3 7,e7 any qualified mixture of sustainable aviation fuel 7as defined in section #fdbf7k77#c77 sold or used after ,december #ca1 #bjbf4 4 7,c7 ,section #fdbg7;e7 is amended in the heading by striking or alternative fuel and inserting1 alternative fuel1 or sustainable aviation fuel4 7,d7 ,section #fdbg7;e77#a7 is amended by inserting or the sustainable aviation fuel mixture credit after alternative fuel mixture credit4 7,e7 ,section #daja7;a77#a7 is amended by inserting every person producing sustainable aviation fuel 7as defined in section #dj;,b or section #fdbf7k77#c771 before and every person producing second generation biofuel4 7e7 ,guidance ,under rules prescribed by the ,secretary of the ,treasury 7or the ,secretary's delegate71 the amount of the credit allowed under section #dj;,b of the ,internal ,revenue ,code of #aihf 7as added by this subsection7 shall be properly reduced to take into account any benefit provided with respect to sustainable aviation fuel 7as defined in such section #dj;,b7 by reason of the application of section #fdbf or section #fdbg7;e74 7f7 ,amount of credit included in gross income ,section #hg is amended by striking and in paragraph 7#a71 by striking the period at the end of paragraph 7#b7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#c7 the sustainable aviation fuel credit determined with respect to the taxpayer for the taxable year under section #dj;,b7a74 4 7g7 ,effective date ,the amendments made by this section shall apply to fuel sold or used after ,december #ca1 #bjbb4 #acfbjd4 ,clean hydrogen 7a7 ,credit for production of clean hydrogen 7#a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new section3 #de,x4 ,credit for production of clean hydrogen 7a7 ,amount of credit ,for purposes of section #ch1 the clean hydrogen production credit for any taxable year is an amount equal to the product of-- 7#a7 the applicable amount1 multiplied by 7#b7 the kilograms of qualified clean hydrogen produced by the taxpayer during such taxable year at a qualified clean hydrogen production facility during the #aj-year period beginning on the date such facility was originally placed in service4 7b7 ,applicable amount 7#a7 ,in general ,for purposes of subsection 7a77#a71 the applicable amount shall be an amount equal to the applicable percentage of #j4fj4 ,if any amount as determined under the preceding sentence is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent4 7#b7 ,applicable percentage ,for purposes of paragraph 7#a71 the term applicable percentage shall be determined as follows3 7,a7 ,in the case of any qualified clean hydrogen which is produced by a facility that is placed in service before ,january #a1 #bjbg through a process that results in a lifecycle greenhouse gas emissions rate of-- 7i7 not greater than #f kilograms of ,,co#b;e per kilogram of hydrogen1 and 7ii7 not less than #d kilograms of ,,co#b;e per kilogram of hydrogen1 the applicable percentage shall be #ae percent4 7,b7 ,in the case of any qualified clean hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of-- 7i7 less than #d kilograms of ,,co#b;e per kilogram of hydrogen1 and 7ii7 not less than #b4e kilograms of ,,co#b;e per kilogram of hydrogen1 the applicable percentage shall be #bj percent4 7,c7 ,in the case of any qualified clean hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of-- 7i7 less than #b4e kilograms of ,,co#b;e per kilogram of hydrogen1 and 7ii7 not less than #a4e kilograms of ,,co#b;e per kilogram of hydrogen1 the applicable percentage shall be #be percent4 7,d7 ,in the case of any qualified clean hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of-- 7i7 less than #a4e kilograms of ,,co#b;e per kilogram of hydrogen1 and 7ii7 not less than #j4de kilograms of ,,co#b;e per kilogram of hydrogen1 the applicable percentage shall be #cc4d percent4 7,e7 ,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 #j4de kilograms of ,,co#b;e per kilogram of hydrogen1 the applicable percentage shall be #ajj percent4 7#c7 ,inflation adjustment ,the #j4fj amount in paragraph 7#a7 shall be adjusted by multiplying such amount by the inflation adjustment factor 7as determined under section #de7;e77#b71 determined by substituting #bjbj for #aiib in subparagraph 7,b7 thereof7 for the calendar year in which the qualified clean hydrogen is produced4 ,if any amount as increased under the preceding sentence is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,lifecycle greenhouse gas emissions 7,a7 ,in general ,subject to subparagraph 7,b71 the term #8lifecycle greenhouse gas emissions' has the same meaning given such term under subparagraph 7,h7 of section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a771 as in effect on the date of enactment of this section4 7,b7 ,,greet ,model ,the term lifecycle greenhouse gas emissions shall only include emissions through the point of production 7well-to-gate71 as determined under the most recent ,greenhouse gases1 ,regulated ,emissions1 and ,energy use in ,transportation model 7commonly referred to as the ,,greet model7 developed by ,argonne ,national ,laboratory1 or a successor model 7as determined by the ,secretary74 7#b7 ,qualified clean hydrogen 7,a7 ,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 #f kilograms of ,,co#b;e per kilogram of hydrogen4 7,b7 ,additional requirements ,such term shall not include any hydrogen unless such hydrogen is produced-- 7i7 in the ,united ,states 7as defined in section #fch7a7 or a possession of the ,united ,states 7as defined in section #fch7b771 7ii7 in the ordinary course of a trade or business of the taxpayer1 and 7iii7 for sale or use1 as verified by an unrelated third party of such production and sale or use in such form or manner as the ,secretary may prescribe under subsection 7f77#b74 7#c7 ,qualified clean hydrogen production facility 7,a7 ,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 7,b74 7,b7 ,termination ,the term qualified clean hydrogen production facility shall not include any facility the construction of which begins after ,december #ca1 #bjbh4 7d7 ,special rules 7#a7 ,treatment of facilities owned by more than #a taxpayer ,rules similar to the rules section #de7;e77#c7 shall apply for purposes of this section4 7#b7 ,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 #de,q for the taxable year or any prior taxable year4 7e7 ,increased credit amount for qualified clean hydrogen production facilities 7#a7 ,in general ,in the case of any qualified clean hydrogen production facility which satisfies the requirements of paragraph 7#b71 the amount of the credit determined under subsection 7a7 with respect to qualified clean hydrogen described in subsection 7b77#b7 shall be equal to such amount multiplied by #e 7determined without regard to this sentence74 7#b7 ,requirements ,a facility meets the requirements of this subparagraph if it is one of the following3 7,a7 ,a facility-- 7i7 the construction of which begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#c7 and 7#d71 and 7ii7 which meets the requirements of paragraph 7#c7 with respect to construction1 alteration1 or repair of facilities which occurs after such date4 7,b7 ,a facility which satisfies the requirements of paragraphs 7#c7 and 7#d74 7#c7 ,prevailing wage requirements 7,a7 ,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-- 7i7 the construction of such facility1 and 7ii7 for the period of the taxable year which is within the #aj-year period beginning on the date the facility was originally placed in service1 the alteration or repair of such facility1 shall be paid wages at rates not less than the prevailing rates for construction1 alteration1 or repair of a similar character in the locality as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,for purposes of determining an increased credit amount under paragraph 7#a7 for a taxable year1 the requirement under clause 7ii7 of this paragraph is applied to such taxable year in which the alteration or repair of qualified facility occurs4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply4 7#d7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#e7 ,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 subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of establishing the requirements of this subsection4 7f7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,secretary shall issue regulations or other guidance to carry out the purposes of this section1 including regulations or other guidance-- 7#a7 for determining lifecycle greenhouse gas emissions1 and 7#b7 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 section4 4 7#b7 ,elective payment of credit 7,a7 ,in general ,section #fdag7;b71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#h7 ,so much of the the credit for production of clean hydrogen determined under section #de,x as is attributable to qualified clean hydrogen production facilities which are originally placed in service after ,december #ca1 #bjaa1 and with respect to which an election is made under subsection 7c77#c74 4 7,b7 ,election ,section #fdag7;c77#c71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new subparagraph3 7,d7 ,credit for production of clean hydrogen ,in the case of the credit described in subsection 7b77#h71 any election under this subsection shall-- 7i7 apply separately with respect to each qualified clean hydrogen production facility1 7ii7 be made for the taxable year in which the facility is placed in service 7or within #ij days of date of enactment in the case of facilities placed in service before ,december #ca1 #bjba71 7iii7 shall apply to such taxable year and all subsequent taxable years with respect to such facility4 4 7#c7 ,credit reduced for tax-exempt bonds ,section #de,x7d71 as added by this section1 is amended by adding at the end the following new paragraph3 7#c7 ,credit reduced for tax-exempt bonds ,rules similar to the rule under section #de7;b77#c7 shall apply for purposes of this section4 4 7#d7 ,conforming amendments 7,a7 ,section #ch7;b7 is amended-- 7i7 in paragraph 7#cd71 by striking plus at the end1 7ii7 in paragraph 7#ce71 by striking the period at the end and inserting 1 plus1 and 7iii7 by adding at the end the following new paragraph3 7#cf7 the clean hydrogen production credit determined under section #de,x7a74 4 7,b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a amended by adding at the end the following new item3 ,sec4 #de,x4 ,credit for production of clean hydrogen4 4 7#e7 ,effective dates 7,a7 ,the amendments made by paragraphs 7#a71 7#b71 and 7#d7 of this subsection shall apply to hydrogen produced after ,december #ca1 #bjba4 7,b7 ,the amendment made by paragraph 7#c7 shall apply to facilities the construction of which begins after ,december #ca1 #bjba4 7b7 ,credit for electricity produced from renewable resources allowed if electricity is used to produce clean hydrogen 7#a7 ,in general ,section #de7;e7 is amended by adding at the end the following new paragraph3 7#ac7 ,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 7as defined in section #de,x7c77#c77 to produce qualified clean hydrogen 7as defined in section #de,x7c77#b77 during the #aj year period after such facility is placed in service4 ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines appropriate to carry out the purposes of this paragraph1 including regulations or other guidance to require verification by unrelated third parties of the production and use of electricity to which this paragraph applies4 4 7#b7 ,effective date ,the amendment made by this subsection shall apply to electricity produced after ,december #ca1 #bjba4 7c7 ,election to treat clean hydrogen production facilities as energy property 7#a7 ,in general ,section #dh7;a7 is amended by adding at the end the following new paragraph3 7#af7 ,election to treat clean hydrogen production facilities as energy property 7,a7 ,in general ,in the case of any qualified property 7as defined in paragraph 7#e77;,d77 which is part of a specified clean hydrogen production facility-- 7i7 such property shall be treated as energy property for purposes of this section1 and 7ii7 the energy percentage with respect to such property is-- 7,i7 in the case of a facility which is designed and reasonably expected to produce qualified clean hydrogen which is described in a subparagraph 7,a7 of section #de,x7b77#b71 #j4i percent1 7,,ii7 in the case of a facility which is designed and reasonably expected to produce qualified clean hydrogen which is described in a subparagraph 7,b7 of such section1 #a4b percent1 7,,iii7 in the case of a facility which is designed and reasonably expected to produce qualified clean hydrogen which is described in a subparagraph 7,c7 of such section1 #a4e percent1 7,,iv7 in the case of a facility which is designed and reasonably expected to produce qualified clean hydrogen which is described in a subparagraph 7,d7 of such section1 #b percent1 and 7,v7 in the case of a facility which is designed and reasonably expected to produce qualified clean hydrogen which is described in subparagraph 7,e7 of such section1 #f percent4 7,b7 ,denial of production credit ,no credit shall be allowed under section #de,x or section #de,q for any taxable year with respect to any specified clean hydrogen production facility or any carbon capture equipment included at such facility4 7,c7 ,specified clean hydrogen production facility ,for purposes of this paragraph1 the term specified clean hydrogen production facility means any qualified clean hydrogen production facility 7as defined in section #de,x7c77#c77 or any portion of such facility-- 7i7 which is placed in service after ,december #ca1 #bjba1 and 7ii7 with respect to which-- 7,i7 no credit has been allowed under section #de,x or #de,q1 and 7,,ii7 the taxpayer makes an irrevocable election to have this paragraph apply4 7,d7 ,qualified clean hydrogen ,for purposes of this paragraph1 the term qualified clean hydrogen has the meaning given such term by section #de,x7c77#b74 7,e7 ,regulations ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary or appropriate to carry out the purposes of this section1 including regulations or other guidance which-- 7i7 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 7,a77ii71 and 7ii7 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 7or all of the credit so allowed in the absence of such verification74 4 7#b7 ,effective date ,the amendments made by this subsection shall apply to property placed in service after ,december #ca1 #bjba and1 for any property the construction of which begins prior to ,january #a1 #bjbb1 only to the extent of the basis thereof attributable to the construction1 reconstruction1 or erection after ,december #ca1 #bjba4 7d7 ,termination of excise tax credit for hydrogen 7#a7 ,in general ,section #fdbf7;d77#b7 is amended by striking subparagraph 7,d7 and by redesignating subparagraphs 7,e71 7,f71 and 7,g7 as subparagraphs 7,d71 7,e71 and 7,f71 respectively4 7#b7 ,conforming amendment ,section #fdbf7;e77#b7 is amended by striking 7,f7 and inserting 7,e74 7#c7 ,effective date ,the amendments made by this subsection shall apply to fuel sold or used after ,december #ca1 #bjba4 #c ,green energy and efficiency incentives for individuals #acfcja4 ,extension1 increase1 and modifications of nonbusiness energy property credit 7a7 ,extension of credit ,section #be;,c7g77#b7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjca4 7b7 ,allowance of credit ,section #be;,c7a7 is amended to read as follows3 7a7 ,allowance of credit ,in the case of an individual1 there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to #cj percent of the sum of-- 7#a7 the amount paid or incurred by the taxpayer for qualified energy efficiency improvements installed during such taxable year1 and 7#b7 the amount of the residential energy property expenditures paid or incurred by the taxpayer during such taxable year4 4 7c7 ,application of annual limitation in lieu of lifetime limitation ,section #be;,c7b7 is amended to read as follows3 7b7 ,limitations 7#a7 ,in general ,the credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed #a1bjj4 7#b7 ,energy property ,the credit allowed under this subsection by reason of subsection 7a77#a7 with respect to any taxpayer for any taxable year shall not exceed1 with respect to any item of qualified energy property1 #fjj4 7#c7 ,windows ,the credit allowed under this section by reason of subsection 7a77#a7 with respect to any taxpayer for any taxable year shall not exceed1 in the aggregate with respect to all exterior windows and skylights1 #fjj4 7#d7 ,doors ,the credit allowed under this section by reason of subsection 7a77#a7 with respect to any taxpayer for any taxable year shall not exceed-- 7,a7 #bej in the case of any exterior door1 and 7,b7 #ejj in the aggregate with respect to all exterior doors4 7#e7 ,certain property excluded from limitation ,amounts paid or incurred for property described in clause 7i7 or 7ii7 of subsection 7d77#b77;,a7 or subsection 7d77#b77;,b7 shall not be subject to the limitations in paragraphs 7#a7 and 7#b7 or factored in for purposes of calculating the limitation under such paragraph4 4 7d7 ,modifications related to qualified energy efficiency improvements 7#a7 ,standards for energy efficient building envelope components ,section #be;,c7c77#b7 is amended by striking meets-- and all that follows through the period at the end and inserting the following3 meets-- 7,a7 in the case of an exterior window or skylight1 ,energy ,star most efficient certification requirements 7,b7 in the case of any other component1 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 #b years prior to the calendar year in which such component is placed in service4 4 7#b7 ,roofs not treated as building envelope components ,section #be;,c7c77#c7 is amended by adding and at the end of subparagraph 7,b71 by striking 1 and at the end of subparagraph 7,c7 and inserting a period1 and by striking subparagraph 7,d74 7#c7 ,air sealing insulation added to definition of building envelope component ,section #be;,c7c77#c77;,a7 is amended by striking material or system and inserting material or system1 including air sealing material or system14 7e7 ,modification of residential energy property expenditures ,section #be;,c7d7 is amended to read as follows3 7d7 ,residential energy property expenditures ,for purposes of this section-- 7#a7 ,in general ,the term residential energy property expenditures means expenditures made by the taxpayer for qualified energy property which is-- 7,a7 installed on or in connection with a dwelling unit located in the ,united ,states and used as a residence by the taxpayer1 and 7,b7 originally placed in service by the taxpayer4 ,such term includes expenditures for labor costs properly allocable to the onsite preparation1 assembly1 or original installation of the property4 7#b7 ,qualified energy property ,the term qualified energy property means3 7,a7 ,any of the following which meet or exceed the highest efficiency tier 7not including any advanced tier7 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 service3 7i7 ,an electric heat pump water heater4 7ii7 ,an electric heat pump4 7iii7 ,a central air conditioner4 7iv7 ,a natural gas1 propane1 or oil water heater4 7v7 ,a natural gas1 propane1 or oil furnace or hot water boiler4 7,b7 ,a biomass stove-- 7i7 which uses the burning of biomass fuel to heat a dwelling unit located in the ,united ,states and used as a residence by the taxpayer1 or to heat water for use in such a dwelling unit1 and 7ii7 which has a thermal efficiency rating of at least #ge percent 7measured by the higher heating value of the fuel74 7,c7 ,any oil furnace or hot water boiler which-- 7i7 is placed in service after ,december #ca1 #bjba and before ,january #a1 #bjbg and meets or exceeds #bjba ,energy ,star efficiency criteria and is rated by the manufacturer for use with eligible fuel blends of #bj percent or more1 or 7ii7 is placed in service after ,december #ca1 #bjbf and achieves an annual fuel utilization efficiency rate of not less than #ij and is rated by the manufacturer for use with eligible fuel blends of #ej percent or more4 7#c7 ,eligible fuel ,for purposes of paragraph 7#b71 the term eligible fuel means biodiesel and renewable diesel 7within the meaning of section #dj;,a7 and second generation biofuel 7within the meaning of section #dj74 4 7f7 ,home energy audits 7#a7 ,in general ,section #be;,c7a7 is amended by striking and at the end of paragraph 7#a71 by striking the period at the end of paragraph 7#b7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#c7 #cj percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits4 4 7#b7 ,limitation ,section #be;,c7b71 as amended by subsection 7c71 is amended adding at the end the following new paragraph3 7#e7 ,home energy audits 7,a7 ,dollar limitation ,the amount of the credit allowed under this section by reason of subsection 7a77#c7 shall not exceed #aej4 7,b7 ,substantiation requirement ,no credit shall be allowed under this section by reason of subsection 7a77#c7 unless the taxpayer includes with the taxpayer's return of tax such information or documentation as the ,secretary may require4 4 7#c7 ,home energy audits 7,a7 ,in general ,section #be;,c1 as amended by subsection 7a71 is amended by redesignating subsections 7e71 7f71 and 7g71 as subsections 7f71 7g71 and 7h71 respectively1 and by inserting after subsection 7d7 the following new subsection3 7e7 ,home energy audits ,for purposes of this section1 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 7within the meaning of section #aba7 which-- 7#a7 identifies the most significant and cost-effective energy efficiency improvements with respect to such dwelling unit1 including an estimate of the energy and cost savings with respect to each such improvement1 and 7#b7 is conducted and prepared by a home energy auditor that meets the certification or other requirements specified by the ,secretary 7not later than #cfe days after the date of the enactment of this subsection7 in regulations or other guidance4 4 7,b7 ,conforming amendment ,section #ajaf7;a77#cc7 is amended by striking section #be;,c7f7 and inserting section #be;,c7g74 7#d7 ,lack of substantiation treated as mathematical or clerical error ,section #fbac7;g77#b7 is amended-- 7,a7 in subparagraph 7,p71 by striking and at the end1 7,b7 in subparagraph 7,q71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7,r7 an omission of correct information or documentation required under section #be;,c7b77#e77;,b7 7relating to home energy audits7 to be included on a return4 4 7g7 ,identification number requirement 7#a7 ,in general ,section #be;,c1 as amended by subsections 7a7 and 7f71 is amended by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following new subsection3 7h7 ,product identification number requirement 7#a7 ,in general ,no credit shall be allowed under subsection 7a7 with respect to any item of specified property placed in service after ,december #ca1 #bjbc1 unless-- 7,a7 such item is produced by a qualified manufacturer1 and 7,b7 the taxpayer includes the qualified product identification number of such item on the return of tax for the taxable year4 7#b7 ,qualified product identification number ,for purposes of this section1 the term qualified product identification number means1 with respect to any item of specified property1 the product identification number assigned to such item by the qualified manufacturer pursuant to the methodology referred to in paragraph 7#c74 7#c7 ,qualified manufacturer ,for purposes of this section1 the term qualified manufacturer means any manufacturer of specified property which enters into an agreement with the ,secretary which provides that such manufacturer will-- 7,a7 assign a product identification number to each item of specified property produced by such manufacturer utilizing a methodology that will ensure that such number 7including any alphanumeric7 is unique to each such item 7by utilizing numbers or letters which are unique to such manufacturer or by such other method as the ,secretary may provide71 7,b7 label such item with such number in such manner as the ,secretary may provide1 and 7,c7 make periodic written reports to the ,secretary 7at such times and in such manner as the ,secretary may provide7 of the product identification numbers so assigned and including such information as the ,secretary may require with respect to the item of specified property to which such number was so assigned4 7#d7 ,specified property ,for purposes of this subsection1 the term specified property means any qualified energy property and any property described in subparagraph 7,b7 or 7,c7 of subsection 7c77#c74 4 7#b7 ,omission of correct product identification number treated as mathematical or clerical error ,section #fbac7;g77#b71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in subparagraph 7,q71 by striking and at the end1 7,b7 in subparagraph 7,r71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7,s7 an omission of a correct product identification number required under section #be;,c7h7 7relating to credit for nonbusiness energy property7 to be included on a return4 4 7h7 ,effective dates 7#a7 ,in general ,except as otherwise provided by this subsection1 the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjba4 7#b7 ,home energy audits ,the amendments made by subsection 7f7 shall apply to amounts paid or incurred after ,december #ca1 #bjba4 7#c7 ,identification number requirement ,the amendments made subsection 7g7 shall apply to property placed in service after ,december #ca1 #bjbc4 #acfcjb4 ,residential energy efficient property 7a7 ,extension of credit 7#a7 ,in general ,section #be;,d7h7 is amended by striking ,december #ca1 #bjbc and inserting ,december #ca1 #bjcc4 7#b7 ,application of phaseout ,section #be;,d7g7 is amended-- 7,a7 by striking before ,january #a1 #bjbc in paragraph 7#b7 and inserting before ,january #a1 #bjbb1 7,b7 by striking and at the end of paragraph 7#b71 7,c7 by redesignating paragraph 7#c7 as paragraph 7#e7 and by inserting after paragraph 7#b7 the following new paragraphs3 7#c7 in the case of property placed in service after ,december #ca1 #bjba1 and before ,january #a1 #bjcb1 #cj percent1 7#d7 in the case of property placed in service after ,december #ca1 #bjca1 and before ,january #a1 #bjcc1 #bf percent1 and 1 and 7,d7 by striking ,december #ca1 #bjbb1 and before ,january #a1 #bjbd in paragraph 7#e7 7as so redesignated7 and inserting ,december #ca1 #bjcb1 and before ,january #a1 #bjcd4 7b7 ,residential energy efficient property credit for battery storage technology 7#a7 ,in general ,section #be;,d7a7 is amended by striking and at the end of paragraph 7#e7 and by inserting after paragraph 7#f7 the following new paragraph3 7#g7 the qualified battery storage technology expenditures1 4 7#b7 ,qualified battery storage technology expenditure ,section #be;,d7d7 is amended by adding at the end the following new paragraph3 7#g7 ,qualified battery storage technology expenditure ,the term qualified battery storage technology expenditure means an expenditure for battery storage technology which-- 7,a7 is installed in connection with a dwelling unit located in the ,united ,states and used as a residence by the taxpayer1 and 7,b7 has a capacity of not less than #c kilowatt hours4 4 7c7 ,credit made refundable2 installer requirements2 treatment of certain possessions ,section #be;,d is amended by redesignating subsection 7h7 as subsection 7k7 and by inserting after subsection 7g7 the following new subsections3 7h7 ,credit made refundable for taxable years after #bjbc ,in the case of any taxable year beginning after ,december #ca1 #bjbc1 the credit allowed under subsection 7a7 7excluding any credit carried forward from a previous taxable year7 shall be treated as a credit allowed under subpart ,c 7and not allowed under this subpart74 7i7 ,requirement for qualified installer 7#a7 ,in general ,no credit shall be allowed under this section with respect to any property described in subsection 7a7 placed in service after ,december #ca1 #bjbc unless-- 7,a7 such property is installed by a qualified installer1 and 7,b7 the taxpayer includes the qualified installation identification number described in paragraph 7#c7 on the return of tax for the taxable year4 7#b7 ,qualified installer 7,a7 ,in general ,for purposes of this section1 the term qualified installer means an installer who enters into an agreement with the ,secretary which provides that such installer will1 with respect to expenditures described in subsection 7a7 in connection with the residence of a taxpayer-- 7i7 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 ,secretary1 and 7ii7 make periodic written reports to the ,secretary 7in such manner as the ,secretary may provide7 of installation identification numbers assigned by the installer corresponding to such expenditures1 including such information as the ,secretary may require with respect to such expenditures4 7,b7 ,installer deemed to meet requirement ,for purposes of subparagraph 7,a71 to the extent provided by the ,secretary1 an installer may be deemed to meet the requirement under clause 7ii7 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 7a7 made by a taxpayer in connection with a residence of such taxpayer4 7#c7 ,qualified installation identification number ,for purposes of this section1 the term qualified installation identification number means a unique identification number with respect to expenditures described in subsection 7a7 in connection with a residence of a taxpayer that is installed by a qualified installer4 7#d7 ,registration ,the ,secretary may require such information or registration of a qualified installer as the ,secretary deems necessary or appropriate for purposes of preventing duplication1 fraud1 or improper claims with respect to property described in subsection 7a74 ,under regulations or other guidance prescribed by the ,secretary1 the registration of any person under this section may be denied1 revoked1 or suspended if the ,secretary determines that such denial1 revocation1 or suspension is necessary to prevent duplication1 fraud1 or improper claims with respect to property described in subsection 7a74 7j7 ,treatment of certain possessions 7#a7 ,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 7if any7 to that possession by reason of the application of the provisions of this section4 ,such amounts shall be determined by the ,secretary based on information provided by the government of the respective possession4 7#b7 ,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 7if any7 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 possession4 ,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 residents4 7#c7 ,mirror code tax system2 treatment of payments ,rules similar to the rules of paragraphs 7#c71 7#d71 and 7#e7 of section #ba7;h7 shall apply for purposes of this section4 4 7d7 ,certain expenditures disallowed ,section #be;,d is amended-- 7#a7 in subsection 7a71 by adding and at the end of paragraph 7#d71 by striking the comma at the end of paragraph 7#e7 and inserting a period1 and by striking paragraph 7#f71 and 7#b7 in subsection 7d71 by striking paragraph 7#f74 7e7 ,carryforward of unused credit disallowed ,section #be;,d is amended by striking subsection 7c74 7f7 ,conforming amendment ,section #fbac7;g77#b71 as amended by the preceding provisions of this ,act1 is amended-- 7#a7 in subparagraph 7,t71 by striking and at the end1 7#b7 in subparagraph 7,u71 by striking the period at the end and inserting 1 and1 and 7#c7 by adding at the end the following3 7,v7 an omission of a correct qualified installation identification number required under section #be;,d 7relating to credit for residential energy efficient property7 to be included on a return4 4 7g7 ,effective dates 7#a7 ,the amendments made by subsections 7a71 7b71 7d71 and 7f7 shall apply to expenditures made after ,december #ca1 #bjba4 7#b7 ,the amendments made by subsections 7c7 and 7e7 shall apply to expenditures made after ,december #ca1 #bjbb4 #acfcjc4 ,energy efficient commercial buildings deduction 7a7 ,placed in service requirement ,section #agi;,d7c77#b7 is amended to read as follows3 7#b7 ,reference ,standard #ij4a ,the term ,reference ,standard #ij4a means1 with respect to any property1 the more recent of-- 7,a7 ,standard #ij4a-bjjg published by the ,american ,society of ,heating1 ,refrigerating1 and ,air ,conditioning ,engineers and the ,illuminating ,engineering ,society of ,north ,america1 or 7,b7 the most recent ,standard #ij4a published by the ,american ,society of ,heating1 ,refrigerating1 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 #d years before the date such property is placed in service4 4 7b7 ,temporary increase in deduction1 etc4 ,section #agi;,d is amended by adding at the end the following3 7i7 ,temporary rules 7#a7 ,period of application ,the provisions of this subsection shall apply only to taxable years beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjcb4 7#b7 ,modification of efficiency standard ,subsection 7c77#a77;,d7 shall be applied by substituting #be for #ej4 7#c7 ,maximum amount of deduction 7,a7 ,in general ,the deduction under subsection 7a7 with respect to any building for any taxable year shall not exceed the excess 7if any7 of-- 7i7 the product of-- 7,i7 the applicable dollar value1 and 7,,ii7 the square footage of the building1 over 7ii7 the aggregate amount of the deductions under subsection 7a7 and paragraph 7#f7 with respect to the building for the #c taxable years immediately preceding such taxable year 7or1 in the case of any such deduction allowable to a person other than the taxpayer1 for any taxable year ending during the #d-taxable-year period ending with such taxable year74 7,b7 ,applicable dollar value ,for purposes of paragraph 7#c77;,a77i71 the applicable dollar value shall be an amount equal to #j4ej increased 7but not above #a4jj7 by #j4jb 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 #be percent4 7,c7 ,application of inflation adjustment ,subsection 7g7 shall be applied-- 7i7 by substituting #bjbb for #bjbj1 7ii7 by substituting subsection 7i77#c77;,b7 for subsection 7b7 or subsection 7d77#a77;,a71 and 7iii7 by substituting #bjba for #bjai4 7,d7 ,limitation to apply in lieu of current limitation and partial allowance ,subsections 7b7 and 7d77#a7 shall not apply4 7#d7 ,increased credit amount for certain property 7,a7 ,in general ,in the case of any property which satisfies the requirements of subparagraph 7,b71 paragraph 7#c77;,b7 shall be applied by substituting #b4ej for #j4ej1 4#aj for 4#jb1 and #e4jj for #a4jj4 7,b7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7i7 ,a building or qualified retrofit plan the construction of which begins prior to #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#e7 and 7#f74 7ii7 ,a building or qualified retrofit plan the construction of which satisfies the requirements of paragraphs 7#e7 and 7#f74 7#e7 ,prevailing wage requirements 7,a7 ,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 construction1 alteration1 or repair of a similar character in the locality as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply4 7#f7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#g7 ,allocation of deduction by certain tax-exempt entities 7,a7 ,in general ,a specified tax-exempt entity shall be treated in the same manner as a ,federal1 ,state1 or local government for purposes of applying subsection 7d77#d74 7,b7 ,specified tax-exempt entity ,for purposes of this paragraph1 the term specified tax-exempt entity means-- 7i7 the ,united ,states1 any ,state or political subdivision thereof1 any possession of the ,united ,states1 or any agency or instrumentality of any of the foregoing1 7ii7 an ,indian tribal government 7as defined in section #dh7;e77#d77;,f77ii77 or ,alaska ,native ,corporation 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7m771 and 7iii7 any organization exempt from tax imposed by this chapter4 7#h7 ,alternative deduction for energy efficient retrofit building property 7,a7 ,in general ,in the case of a taxpayer which elects 7at such time and in such manner as the ,secretary may provide7 the application of this paragraph with respect to any qualified building1 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 building1 an amount equal to the lesser of-- 7i7 the excess described in paragraph 7#c7 7determined by substituting energy usage intensity for total annual energy and power costs in subparagraph 7,b7 thereof71 or 7ii7 the aggregate adjusted basis 7determined after taking into account all adjustments with respect to such taxable year other than the reduction under subsection 7e77 of energy efficient retrofit building property placed in service by the taxpayer pursuant to such qualified retrofit plan4 7,b7 ,qualified retrofit plan ,for purposes of this paragraph1 the term qualified retrofit plan means a written plan prepared by a qualified professional which specifies modifications to a building which1 in the aggregate1 are expected to reduce such building's energy usage intensity by #be percent or more in comparison to the baseline energy usage intensity of such building4 ,such plan shall provide for a qualified professional to-- 7i7 as of any date during the #a-year period ending on the date of the first certification described in clause 7ii71 certify the energy usage intensity of such building as of such date1 7ii7 certify the status of property installed pursuant to such plan as meeting the requirements of clauses 7ii7 and 7iii7 subparagraph 7,c71 and 7iii7 as of any date that is more than #a year after completion of the plan1 certify the energy usage intensity of such building as of such date4 7,c7 ,energy efficient retrofit building property ,for purposes of this paragraph1 the term energy efficient retrofit building property means property-- 7i7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable1 7ii7 which is installed on or in any qualified building1 7iii7 which is installed as part of-- 7,i7 the interior lighting systems1 7,,ii7 the heating1 cooling1 ventilation1 and hot water systems1 or 7,,iii7 the building envelope1 and 7iv7 which is certified in accordance with subparagraph 7,b77ii7 as meeting the requirements of clauses 7ii7 and 7iii74 7,d7 ,qualified building ,for purposes of this paragraph1 the term qualified building means any building which-- 7i7 is located in the ,united ,states1 and 7ii7 was originally placed in service not less than #e years before the establishment of the qualified retrofit plan with respect to such building4 7,e7 ,qualifying final certification ,for purposes of this paragraph1 the term qualifying final certification means1 with respect to any qualified retrofit plan1 the certification described in subparagraph 7,b77iii7 if the energy usage intensity certified in such certification is not more than #ge percent of the baseline energy usage intensity of the building4 7,f7 ,baseline energy usage intensity 7i7 ,in general ,the term baseline energy usage intensity means the energy usage intensity certified under subparagraph 7,b77i71 as adjusted to take into account weather as compared to the energy usage intensity determined under subparagraph 7,b77iii74 7ii7 ,determination of adjustment ,for purposes of clause 7i71 the adjustments described in such clause shall be determined in such manner as the ,secretary may provide4 7,g7 ,other definitions ,for purposes of this paragraph-- 7i7 ,energy usage intensity ,the term energy usage intensity means the annualized1 measured site energy usage intensity determined in accordance with such regulations or other guidance as the ,secretary may provide and measured in ,british thermal units4 7ii7 ,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 provide4 7,h7 ,coordination with deduction otherwise allowed under subsection 7a7 7i7 ,in general ,in the case of any building with respect to which an election is made under subparagraph 7,a71 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 paragraph4 7ii7 ,certain rules not applicable 7,i7 ,in general ,except as provided in subclause 7,,ii71 subsection 7d7 shall not apply for purposes of this paragraph4 7,,ii7 ,allocation of deduction by certain tax-exempt entities ,rules similar to subsection 7d77#d7 7determined after application of paragraph 7#e77 shall apply for purposes of this paragraph4 4 7c7 ,application to real estate investment trust earnings and profits ,section #cab7k77#c77;,b7 is amended-- 7#a7 by striking for purposes of computing the earnings and profits of a corporation and inserting the following3 7i7 ,in general ,for purposes of computing the earnings and profits of a corporation1 except as provided in clause 7ii7 1 and 7#b7 by adding at the end the following new clause3 7ii7 ,special rule ,in the case of a corporation that is a real estate investment trust1 any amount deductible under section #agi;,d shall be allowed in the year in which the property giving rise to such deduction is placed in service4 4 7d7 ,conforming amendment ,section #agi;,d7d77#b7 is amended by striking not later than the date that is #b years before the date that construction of such property begins and inserting not later than the date that is #d years before the date such property is placed in service4 7e7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 7#b7 ,alternative deduction for energy efficient retrofit building property ,paragraph 7#h7 of section #agi;,d7i7 of the ,internal ,revenue ,code of #aihf 7as added by this section71 and any other provision of such section solely for purposes of applying such paragraph1 shall apply to property placed in service after ,december #ca1 #bjba 7in taxable years ending after such date7 if such property is placed in service pursuant to qualified retrofit plan 7within the meaning of such section7 established after such date4 #acfcjd4 ,extension1 increase1 and modifications of new energy efficient home credit 7a7 ,extension of credit ,section #de,l7g7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjca4 7b7 ,increase in credit amounts ,section #de,l7a77#b7 is amended to read as follows3 7#b7 ,applicable amount ,for purposes of paragraph 7#a71 the applicable amount is an amount equal to-- 7,a7 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-- 7i7 that is described in subsection 7c77#a77;,a7 7and not described in subsection 7c77#a77;,b771 #b1ejj1 and 7ii7 that is described in subsection 7c77#a77;,b71 #ejjj1 and 7,b7 in the case of a dwelling unit which is part of a building eligible to participate in the ,energy ,star ,multifamily ,new ,construction ,program-- 7i7 that is described in subsection 7c77#a77;,a7 7and not described in subsection 7c77#a77;,b771 #ejj1 and 7ii7 that is described in subsection 7c77#a77;,b71 #ajjj4 4 7c7 ,modification of energy saving requirements ,section #de,l7c7 is amended to read as follows3 7c7 ,energy saving requirements 7#a7 ,in general ,a dwelling unit meets the energy saving requirements of this subsection if-- 7,a7 such dwelling unit meets the requirements of paragraph 7#b7 or 7#c7 7whichever is applicable71 or 7,b7 such dwelling unit is certified as a zero energy ready home under the zero energy ready home program of the ,department of ,energy 7or any successor program determined by the ,secretary7 as in effect on ,january #a1 #bjbb4 7#b7 ,single-family home requirements ,a dwelling unit meets the requirements of this paragraph if-- 7,a7 such dwelling unit meets-- 7i7 in the case of a dwelling unit acquired before ,january #a1 #bjbe1 the ,energy ,star ,single-,family ,new ,homes ,national ,program ,requirements #c4a1 and 7ii7 in the case of a dwelling unit acquired after ,december #ca1 #bjbd1 the ,energy ,star ,single-,family ,new ,homes ,national ,program ,requirements #c4b1 7,b7 such dwelling unit meets the most recent ,energy ,star ,single-,family ,new ,homes ,program ,requirements applicable to the location of such dwelling unit 7as in effect on the latter of ,january #a1 #bjbb or ,january #a of two calendar years prior to the date the dwelling unit was acquired71 or 7,c7 such dwelling unit meets the most recent ,energy ,star ,manufactured ,home ,national program requirements as in effect on the latter of ,january #a1 #bjbb or ,january #a of two calendar years prior to the date such dwelling unit is acquired4 7#c7 ,multi-family home requirements ,a dwelling unit meets the requirements of this paragraph if-- 7,a7 such dwelling unit meets the most recent ,energy ,star ,multifamily ,new ,construction ,national ,program ,requirements 7as in effect on either ,january #a1 #bjbb or ,january #a of three calendar years prior to the date the dwelling was acquired1 whichever is later71 and 7,b7 such dwelling unit meets the most recent ,energy ,star ,multifamily ,new ,construction ,regional ,program ,requirements applicable to the location of such dwelling unit 7as in effect on either ,january #a1 #bjbb or ,january #a of three calendar years prior to the date the dwelling was acquired1 whichever is later74 4 7d7 ,prevailing wage requirement ,section #de,l is amended by redesignating subsection 7g7 as subsection 7h7 and by inserting after subsection 7f7 the following new subsection3 7g7 ,prevailing wage requirement 7#a7 ,in general ,in the case of a qualifying residence described in subsection 7b77#b77;,b7 meeting the prevailing wage requirements of paragraph 7#b71 the credit amount allowed with respect to such residence shall be-- 7,a7 #b1ejj in the case of a residence described in subparagraph 7,a7 of subsection 7c77#a7 7and not described in subparagraph 7,b7 of such subsection71 and 7,b7 #e1jjj in the case of a residence described in 7c77#a77;,b74 7#b7 ,prevailing wage requirements 7,a7 ,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 construction1 alteration1 or repair of a similar character in the locality as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply4 7#c7 ,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 subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of establishing the requirements of this subsection4 4 7e7 ,effective dates ,the amendments made by this section shall apply to dwelling units acquired after ,december #ca1 #bjba4 #acfcje4 ,modifications to income exclusion for conservation subsidies 7a7 ,in general ,section #acf7;a7 is amended-- 7#a7 by striking any subsidy provided and inserting any subsidy-- 7#a7 provided 1 7#b7 by striking the period at the end and inserting a comma1 and 7#c7 by adding at the end the following new paragraphs3 7#b7 provided 7directly or indirectly7 by a public utility to a customer1 or by a ,state or local government to a resident of such ,state or locality1 for the purchase or installation of any water conservation or efficiency measure1 7#c7 provided 7directly or indirectly7 by a storm water management provider to a customer1 or by a ,state or local government to a resident of such ,state or locality1 for the purchase or installation of any storm water management measure1 or 7#d7 provided 7directly or indirectly7 by a ,state or local government to a resident of such ,state or locality for the purchase or installation of any wastewater management measure1 but only if such measure is with respect to the taxpayer's principal residence4 4 7b7 ,conforming amendments 7#a7 ,definition of water conservation or efficiency measure and storm water management measure ,section #acf7;c7 is amended-- 7,a7 by striking ,energy conservation measure in the heading thereof and inserting ,definitions1 7,b7 by striking ,in general in the heading of paragraph 7#a7 and inserting ,energy conservation measure1 and 7,c7 by redesignating paragraph 7#b7 as paragraph 7#e7 and by inserting after paragraph 7#a7 the following3 7#b7 ,water conservation or efficiency measure ,for purposes of this section1 the term water conservation or efficiency measure means any evaluation of water use1 or any installation or modification of property1 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 units4 7#c7 ,storm water management measure ,for purposes of this section1 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 units4 7#d7 ,wastewater management measure ,for purposes of this section1 the term wastewater management measure means any installation or modification of property primarily designed to manage wastewater 7including septic tanks and cesspools7 with respect to one or more dwelling units4 4 7#b7 ,definition of public utility ,section #acf7;c77#e7 7as redesignated by paragraph 7#a77;,c77 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 ,public utility ,the term public utility means a person engaged in the sale of electricity1 natural gas1 or water to residential1 commercial1 or industrial customers for use by such customers4 7,c7 ,storm water management provider ,the term storm water management provider means a person engaged in the provision of storm water management measures to the public4 7,d7 ,person ,for purposes of subparagraphs 7,b7 and 7,c71 the term person includes the ,federal ,government1 a ,state or local government or any political subdivision thereof1 or any instrumentality of any of the foregoing4 4 7#c7 ,clerical amendments 7,a7 ,the heading for section #acf is amended-- 7i7 by inserting and water after energy1 and 7ii7 by striking provided by public utilities4 7,b7 ,the item relating to section #acf in the table of sections of part ,,iii of subchapter ,b of chapter #a is amended-- 7i7 by inserting and water after energy1 and 7ii7 by striking provided by public utilities4 7c7 ,effective date ,the amendments made by this section shall apply to amounts received after ,december #ca1 #bjah4 7d7 ,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 utility1 a storm water management provider1 or a ,state or local government for any water conservation measure or storm water management measure before ,january #a1 #bjai4 #acfcjf4 ,credit for qualified wildfire mitigation expenditures 7a7 ,in general ,subpart ,b of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #bg the following new section3 #bh4 ,qualified wildfire mitigation expenditures 7a7 ,in general ,there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to #cj 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 taxpayer4 7b7 ,qualified wildfire mitigation expenditures ,for purposes of this section-- 7#a7 ,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 ,state4 ,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 #be percent4 7#b7 ,specified wildfire mitigation expenditure ,the term specified wildfire mitigation expenditure means1 with respect to any real property owned or leased by the taxpayer1 any amount paid or incurred to reduce the risk of wildfire by removing accumulations of vegetation 7including establishing1 expanding1 or maintaining fuel breaks to serve as fire breaks7 on such real property4 7#c7 ,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 ,state4 7#d7 ,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 7and not by such taxpayer74 7c7 ,application with other credits 7#a7 ,business credit treated as part of general business credit ,so much of the credit which would be allowed under subsection 7a7 for any taxable year 7determined without regard to this subsection7 that is attributable to expenditures made in the ordinary course of the taxpayer's trade or business 7or1 in the case of expenditures made by a ,state1 would have been expenditures made in the ordinary course of the taxpayer's trade or business if made by the taxpayer7 shall be treated as a credit listed in section #ch7;b7 for taxable year 7and not allowed under subsection 7a774 7#b7 ,personal credit ,for purposes of this title1 the credit allowed under subsection 7a7 for any taxable year 7determined after application of paragraph 7#a77 shall be treated as a credit allowable under subpart ,a for such taxable year4 7d7 ,reduction of credit percentage where taxpayer expenditures less than #cj percent 7#a7 ,in general ,if the expenditure percentage with respect to any item of qualified wildfire mitigation expenditure is less than #cj percent1 subsection 7a7 shall be applied by substituting the expenditure percentage for #cj percent with respect to such item of expenditure4 7#b7 ,expenditure percentage ,for purposes of this section1 the term expenditure percentage means1 with respect to any item of qualified wildfire mitigation expenditure any portion of which is paid or incurred by a ,state1 the ratio 7expressed as a percentage7 of-- 7,a7 the taxpayer's expenditure for such item1 divided by 7,b7 the sum of the taxpayer's and such ,state's expenditures for such item4 7e7 ,special rules 7#a7 ,treatment of expenditures related to marketable timber ,an expenditure shall not be taken into account for purposes of this section 7whether made by the taxpayer or a ,state pursuant to a qualified ,state wildfire mitigation program of such ,state7 if such expenditure is properly allocable to timber which is sold or exchanged by the taxpayer4 ,the preceding sentence shall not apply to the extent that such amount exceeds the gain on such sale or exchange4 7#b7 ,basis reduction ,for purposes of this subtitle1 if the basis of any property would 7but for this paragraph7 be determined by taking into account any qualified wildfire mitigation expenditure1 the basis of such property shall be reduced by the amount of the credit allowed under subsection 7a7 with respect to such expenditure 7determined without regard to subsection 7c774 7#c7 ,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 7a7 shall be reduced by the amount of credit allowed under such subsection for such expenditure 7determined without regard to subsection 7c774 4 7b7 ,conforming amendments 7#a7 ,section #ch7;b71 as amended by the preceding provisions of this ,act1 is amended by striking plus at the end of paragraph 7#ce71 by striking the period at the end of paragraph 7#cf7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cg7 the portion of the qualified wildfire mitigation expenditures credit to which section #bh7;c77#a7 applies4 4 7#b7 ,section #ajaf7;a7 is amended by redesignating paragraphs 7#ce7 through 7#ch7 as paragraphs 7#cf7 through 7#ci71 respectively1 and by inserting after paragraph 7#cd7 the following new paragraph3 7#ce7 to the extent provided in section #bh7;e77#b71 4 7#c7 ,the table of sections for subpart ,b of part ,,iv of subchapter ,a of chapter #a is amended by inserting after the item relating to section #bg the following new item3 ,sec4 #bh4 ,qualified wildfire mitigation expenditures4 4 7c7 ,effective date ,the amendments made by this section shall apply to expenditures paid or incurred after the date of the enactment of this ,act1 in taxable years ending after such date4 #d ,greening the fleet and alternative vehicles #acfdja4 ,refundable new qualified plug-in electric drive motor vehicle credit for individuals 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #cf;,b the following new section3 #cf;,c4 ,new qualified plug-in electric drive motor vehicles 7a7 ,allowance of credit ,in the case of an individual1 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 7b7 with respect to a new qualified plug-in electric drive motor vehicle placed in service by the taxpayer during the taxable year4 7b7 ,credit amount 7#a7 ,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 7#b7 through 7#e7 with respect to such vehicle 7not to exceed #ej percent of the purchase price of such vehicle74 7#b7 ,base amount ,the amount determined under this paragraph is #d1jjj4 7#c7 ,battery capacity ,in the case of a new qualified plug-in electric drive motor vehicle1 the amount determined under this paragraph is #c1ejj if-- 7,a7 in the case of a vehicle placed in service before ,january #a1 #bjbg1 such vehicle draws propulsion energy from a battery with not less than #dj kilowatt hours of capacity and has a gasoline tank capacity not greater than #b4e gallons1 and 7,b7 in the case of a vehicle placed in service after ,december #ca1 #bjbf1 such vehicle draws propulsion energy from a battery with not less than #ej kilowatt hours of capacity and has a gasoline tank capacity not greater than #b4e gallons4 7#d7 ,domestic assembly ,in the case of a new qualified plug-in electric drive motor vehicle which satisfies the domestic assembly qualifications1 the amount determined under this paragraph is #d1ejj4 7#e7 ,domestic content ,in the case of a new qualified plug-in electric drive motor vehicle which satisfies domestic content qualifications1 the amount determined under this paragraph is #ejj4 7c7 ,vehicle limitation ,the number of new qualified plug-in electric drive motor vehicles taken in account under subsection 7a7 shall not exceed #a per taxpayer per taxable year4 7d7 ,limitation based on modified adjusted gross income 7#a7 ,in general ,the amount of the credit allowable under subsection 7a7 for any taxable year shall be reduced 7but not below zero7 by #bjj for each #a1jjj 7or fraction thereof7 by which-- 7,a7 the lesser of-- 7i7 the taxpayer's modified adjusted gross income for such taxable year1 or 7ii7 the taxpayer's modified adjusted gross income for the preceding taxable year1 exceeds 7,b7 the threshold amount4 ,for purposes of the preceding sentence1 the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section #iaa1 #ica1 or #icc4 7#b7 ,threshold amount ,for purposes of paragraph 7#a71 the term threshold amount means-- 7,a7 #ejj1jjj in the case of a joint return or surviving spouse 7half such amount in the case of a married individual filing a separate return71 7,b7 #cge1jjj in the case of a head of household1 and 7,c7 #bej1jjj in any other case4 7e7 ,manufacturer's suggested retail price limitation 7#a7 ,in general ,no credit shall be allowed under subsection 7a7 for a vehicle with a manufacturer's suggested retail price in excess of the applicable limitation4 7#b7 ,applicable limitation ,for purposes of paragraph 7#a71 the applicable limitation for each vehicle classification is as follows3 7,a7 ,vans ,in the case of a van1 #hj1jjj4 7,b7 ,sport ,utility ,vehicles ,in the case of a sport utility vehicle1 #hj1jjj4 7,c7 ,pickup ,trucks ,in the case of a pickup truck1 #hj1jjj4 7,d7 ,other ,in the case of any other vehicle1 #ee1jjj4 7#c7 ,regulations and guidance ,for purposes of this subsection1 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 vehicles40 7f7 ,new qualified plug-in electric drive motor vehicle ,for purposes of this section-- 7#a7 ,in general ,the term new qualified plug-in electric drive motor vehicle means a motor vehicle-- 7,a7 the original use of which commences with the taxpayer1 7,b7 which is acquired for use by the taxpayer and not for resale1 7,c7 which is made by a qualified manufacturer1 7,d7 which is treated as a motor vehicle for purposes of title ,,ii of the ,clean ,air ,act1 7,e7 which has a gross vehicle weight rating of less than #ad1jjj pounds1 7,f7 which is propelled to a significant extent by an electric motor which draws electricity from a battery which-- 7i7 has a capacity of not less than #aj kilowatt hours1 and 7ii7 is capable of being recharged from an external source of electricity1 7,g7 with respect to which1 in the case of a vehicle placed in service after ,december #ca1 #bjbf1 final assembly is within the ,united ,states1 7,h7 is not of a character subject to an allowance for depreciation1 and 7,i7 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 ,secretary1 at such time and in such manner as the ,secretary shall provide1 containing-- 7i7 the name and taxpayer identification number of the taxpayer1 7ii7 the vehicle identification number of the vehicle1 unless1 in accordance with any applicable rules promulgated by the ,secretary of ,transportation1 the vehicle is not assigned such a number1 7iii7 the battery capacity of the vehicle1 7iv7 in the case of any new qualified plug-in electric drive motor vehicle1 verification that original use of the vehicle commences with the taxpayer1 7v7 the maximum credit under this section allowable to the taxpayer with respect to the vehicle1 and 7vi7 in the case of a taxpayer who makes an election under subsection 7k77#a7-- 7,i7 the modified adjusted gross income of such taxpayer in the previous taxable year1 as described in subsection 7k77#f77;,a71 and 7,,ii7 any amount described in subsection 7k77#b77;,c7 which has been provided to such taxpayer4 7#b7 ,motor vehicle ,the term motor vehicle means any vehicle which is manufactured primarily for use on public streets1 roads1 and highways 7not including a vehicle operated exclusively on a rail or rails7 and which has at least #d wheels4 7#c7 ,qualified manufacturer ,the term qualified manufacturer means any manufacturer 7within 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 7#db ,u4,s4,c4 #geba et seq477 which enters into a written agreement with the ,secretary under which such manufacturer agrees-- 7,a7 to ensure that each vehicle manufactured by such manufacturer after the later of the date on which such agreement takes effect or ,december #ca1 #bjba1 and that meets the requirements of subsection 7d71 subparagraphs 7,d71 7,e71 and 7,f7 of paragraph 7#a71 and paragraph 7#f7 of subsection 7f7 is labeled with a unique vehicle identification number1 and 7,b7 to make periodic written reports to the ,secretary 7at such times and in such manner as the ,secretary may provide7 providing such vehicle identification numbers and such other information related to such vehicle as the ,secretary may require4 7#d7 ,battery capacity ,the term capacity means1 with respect to any battery1 the quantity of electricity which the battery is capable of storing1 expressed in kilowatt hours1 as measured from a #ajj percent state of charge to a #j percent state of charge4 7g7 ,special rules 7#a7 ,basis reduction ,for purposes of this subtitle1 the basis of any property for which a credit is allowable under subsection 7a7 shall be reduced by the amount of such credit so allowed4 7#b7 ,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 7a7 shall be reduced by the amount of credit allowed under such subsection for such vehicle4 7#c7 ,property used outside united states not qualified ,no credit shall be allowable under subsection 7a7 with respect to any property referred to in section #ej7;b77#a74 7#d7 ,recapture ,the ,secretary shall1 by regulations or other guidance1 provide for recapturing the benefit of any credit allowable under subsection 7a7 with respect to any property which ceases to be property eligible for such credit4 7#e7 ,election not to take credit ,no credit shall be allowed under subsection 7a7 for any vehicle if the taxpayer elects to not have this section apply to such vehicle4 7#f7 ,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-- 7,a7 the applicable provisions of the ,clean ,air ,act for the applicable make and model year of the vehicle 7or applicable air quality provisions of ,state law in the case of a ,state which has adopted such provision under a waiver under section #bji7;b7 of the ,clean ,air ,act71 and 7,b7 the motor vehicle safety provisions of sections #cjaja through #cjafi of title #di1 ,united ,states ,code4 7h7 ,credit allowed for #b and #c-wheeled plug-in electric vehicles 7#a7 ,in general ,in the case of a qualified #b- or #c-wheeled plug-in electric vehicle-- 7,a7 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 #b- or #c-wheeled plug-in electric vehicle placed in service by the taxpayer during the taxable year1 and 7,b7 the amount of the credit allowed under subparagraph 7,a7 shall be treated as a credit allowed under subsection 7a74 7#b7 ,applicable amount ,for purposes of paragraph 7#a71 the applicable amount is an amount equal to the lesser of-- 7,a7 #cj percent of the cost of the qualified #b- or #c-wheeled plug-in electric vehicle1 or 7,b7 #g1ejj4 7#c7 ,qualified #b- or #c-wheeled plug-in electric vehicle ,the term qualified #b- or #c-wheeled plug-in electric vehicle means any vehicle which-- 7,a7 has #b or #c wheels1 7,b7 meets the requirements of-- 7i7 subparagraphs 7,a71 7,b71 7,c71 7,e71 7,f71 7,g71 and 7,i7 of subsection 7e77#a7 7determined by substituting #b4e kilowatt hours for #aj kilowatt hours in subparagraph 7,f77i771 7ii7 paragraphs 7#c7 and 7#d7 of subsection 7e71 and 7iii7 subsections 7f71 7h71 7i71 and 7k71 7,c7 is manufactured primarily for use on public streets1 roads1 and highways1 and 7,d7 is capable of achieving a speed of #de miles per hour or greater4 7i7 ,,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 year4 7j7 ,treatment of certain possessions 7#a7 ,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 7if any7 to that possession by reason of the application of the provisions of this section 7determined without regard to this subsection74 ,such amounts shall be determined by the ,secretary based on information provided by the government of the respective possession4 7#b7 ,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 7if any7 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 possession4 ,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 residents4 7#c7 ,mirror code tax system2 treatment of payments ,rules similar to the rules of paragraphs 7#c71 7#d71 and 7#e7 of section #ba7;h7 shall apply for purposes of this section4 7k7 ,assembly and content qualifications ,for purposes of this section-- 7#a7 ,domestic assembly qualifications ,the term domestic assembly qualifications means1 with respect to any new qualified plug-in electric vehicle1 that the final assembly of such vehicle occurs at a plant1 factory1 or other place which is located in the ,united ,states and operating under a collective bargaining agreement negotiated by an employee organization 7as defined in section #dab7;c77#d771 determined in a manner consistent with section #ggja7;a77#df74 7#b7 ,domestic content qualifications ,the term domestic content qualifications means1 with respect to any model of a new qualified plug-in electric vehicle1 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 prescribe4 7#c7 ,final assembly ,the term final assembly means the process by which a manufacturer produces a new qualified plug-in electric drive motor vehicle at1 or through the use of1 a plant1 factory1 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 vehicle1 whether or not the component parts are permanently installed in or on the vehicle4 7l7 ,termination ,no credit shall be allowed under this section with respect to any vehicle acquired after ,december #ca1 #bjca4 4 7b7 ,transfer of credit 7#a7 ,in general ,section #cf;,c1 as added by subsection 7a71 is amended by redesignating subsection 7k7 as subsection 7l7 and by inserting after subsection 7j7 following new subsection3 7k7 ,transfer of credit 7#a7 ,in general ,subject to such regulations or other guidance as the ,secretary determines necessary or appropriate1 if the taxpayer who acquires a new plug-in electric drive motor vehicle elects the application of this subsection with respect to such vehicle1 the credit which would 7but for this subsection7 be allowed to such taxpayer with respect to such vehicle shall be allowed to the eligible entity specified in such election 7and not to such taxpayer74 7#b7 ,eligible entity ,for purposes of this paragraph1 the term eligible entity means1 with respect to the vehicle for which the credit is allowed under subsection 7a71 the dealer which sold such vehicle to the taxpayer and has-- 7,a7 subject to paragraph 7#d71 registered with the ,secretary for purposes of this paragraph1 at such time1 and in such form and manner1 as the ,secretary may prescribe1 7,b7 prior to the election described in paragraph 7#a7 and not later than at the time of such sale1 disclosed to the taxpayer purchasing such vehicle-- 7i7 the manufacturer's suggested retail price1 7ii7 the value of the credit allowed or other incentive available for the purchase of such vehicle1 7iii7 all fees associated with the purchase of such vehicle1 and 7iv7 the amount provided by the dealer to such taxpayer as a condition of the election described in paragraph 7#a71 7,c7 made payment to such taxpayer 7whether in cash or in the form of a partial payment or down payment for the purchase of such vehicle7 in an amount equal to the credit otherwise allowable to such taxpayer1 and 7,d7 with respect to any incentive otherwise available for the purchase of a vehicle for which a credit is allowed under this section1 including any incentive in the form of a rebate or discount provided by the dealer or manufacturer1 ensured that-- 7i7 the availability or use of such incentive shall not limit the ability of a taxpayer to make an election described in paragraph 7#a71 and 7ii7 such election shall not limit the value or use of such incentive4 7#c7 ,timing ,an election described in paragraph 7#a7 shall be made by the taxpayer not later than the date on which the vehicle for which the credit is allowed under subsection 7a7 is purchased4 7#d7 ,revocation of registration ,upon determination by the ,secretary that a dealer has failed to comply with the requirements described in paragraph 7#b71 the ,secretary may revoke the registration 7as described in subparagraph 7,a7 of such paragraph7 of such dealer4 7#e7 ,tax treatment of payments ,with respect to any payment described in paragraph 7#b77;,c71 such payment-- 7,a7 shall not be includible in the gross income of the taxpayer1 and 7,b7 with respect to the dealer1 shall not be deductible under this title4 7#f7 ,application of certain other requirements ,in the case of any election under paragraph 7#a7 with respect to any vehicle-- 7,a7 the amount of the reduction under subsection 7c7 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 7and not with respect to such income for the taxable year in which such vehicle was acquired71 7,b7 the requirements of paragraphs 7#a7 and 7#b7 of subsection 7f7 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 taxpayer1 7,c7 subsection 7f77#e7 shall not apply1 and 7,d7 the requirement of subsection 7h7 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 provide4 7#g7 ,advance payment to registered dealers 7,a7 ,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 7a7 with respect to any vehicles sold by such entity for which an election described in paragraph 7#a7 has been made4 7,b7 ,excessive payments ,rules similar to the rules of section #fdag7;c77#g7 shall apply for purposes of this paragraph4 7#h7 ,dealer ,for purposes of this subsection1 the term dealer means a person licensed by a ,state1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 any other territory or possession of the ,united ,states1 an ,indian tribal government 7as defined in section #dh7;e77#d77;,f77ii771 or any ,alaska ,native ,corporation 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7m77 to engage in the sale of vehicles4 4 7#b7 ,conforming amendment ,section #cf;,c7g77#c77;iii71 as added by subsection 7a71 is amended by striking 1 and 7k7 and inserting 7k71 and 7l74 7c7 ,repeal of nonrefundable new qualified plug-in electric drive motor vehicle credit ,subpart ,b of part ,,iv of subchapter ,a of chapter #a is amended by striking section #cj;,d 7and by striking the item relating to such section in the table of sections of such subpart74 7d7 ,conforming amendments 7#a7 ,section #ajaf7;a77#cg7 is amended by striking section #cj;,d7f77#a7 and inserting section #cf;,c7f77#a74 7#b7 ,section #fbaa7;b77#d77;,a7 is amended by inserting #cf;,c1 after #cf;,b14 7#c7 ,section #fbac7;g77#b71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in subparagraph 7,r71 by striking and at the end1 7,b7 in subparagraph 7,s71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7,t7 an omission of a correct vehicle identification number required under section #cf;,c7f7 7relating to credit for new qualified plug-in electric drive motor vehicles7 to be included on a return4 4 7#d7 ,section #feja7m7 is amended by striking #cj;,d7e77#d7 and inserting #cf;,c7f77#e74 7#e7 ,section #aff7;b77#e77;,a77ii7 of title #bc1 ,united ,states ,code1 is amended by striking section #cj;,d7d77#a7 and inserting section #cf;,c7e77#a74 7#f7 ,section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by inserting #cf;,c1 after #cf;,b14 7#g7 ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a is amended by inserting after the item relating to section #cf;,b the following new item3 ,sec4 #cf;,c4 ,new qualified plug-in electric drive motor vehicles4 4 7e7 ,effective dates 7#a7 ,the amendments made by subsections 7a71 7c71 and 7d7 of this section shall apply to vehicles acquired after ,december #ca1 #bjba4 7#b7 ,the amendments made by subsection 7b7 shall apply to vehicles acquired after ,december #ca1 #bjbb4 #acfdjb4 ,credit for previously-owned qualified plug-in electric drive motor vehicles 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by inserting after section #cf;,c the following new section3 #cf;,d4 ,previously-owned qualified plug-in electric drive motor vehicles 7a7 ,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 vehicle1 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-- 7#a7 #b1jjj1 plus 7#b7 the supplemental credit amount4 7b7 ,supplemental credit amount ,for purposes of subsection 7a71 the term supplemental credit amount means-- 7#a7 #b1jjj1 if-- 7,a7 in the case of a vehicle placed in service before ,january #a1 #bjbg1 such vehicle draws propulsion energy from a battery with not less than #dj kilowatt hours of capacity and has a gasoline tank capacity not greater than #b4e gallons1 and 7,b7 in the case of a vehicle placed in service after ,december #ca1 #bjbf1 such vehicle draws propulsion energy from a battery with not less than #ej kilowatt hours of capacity and has a gasoline tank capacity not greater than #b4e gallons1 and 7#b7 #j in any other case4 7c7 ,limitations 7#a7 ,sale price ,the credit allowed under subsection 7a7 with respect to sale of a vehicle shall not exceed #ej percent of the sale price4 7#b7 ,limitation based on modified adjusted gross income ,the amount which would 7but for this paragraph7 be allowed as a credit under subsection 7a7 shall be reduced 7but not below zero7 by #bjj for each #a1jjj 7or fraction thereof7 by which the lesser of-- 7,a7 the taxpayer's modified adjusted gross income for such taxable year1 or 7,b7 the taxpayer's modified adjusted gross income for the preceding taxable year1 exceeds-- 7i7 #aej1jjj in the case of a joint return or a surviving spouse 7as defined in section #b7;a771 7ii7 #aab1ejj in the case of a head of household 7as defined in section #b7;b771 and 7iii7 #ge1jjj in the case of a taxpayer not described in paragraph 7#a7 or 7#b74 7d7 ,definitions ,for purposes of this section-- 7#a7 ,previously-owned qualified plug-in electric drive motor vehicle ,the term previously-owned qualified plug-in electric drive motor vehicle means1 with respect to a taxpayer1 a motor vehicle-- 7,a7 the model year of which is at least #b years earlier than the calendar year in which the taxpayer acquires such vehicle1 7,b7 the original use of which commences with a person other than the taxpayer1 7,c7 which is acquired by the taxpayer in a qualified sale1 and 7,d7 which meets the requirements of subparagraphs 7,c71 7,d71 7,e71 7,f71 7,g71 7,h71 and 7,i7 of section #cf;,c7e77#a7 7determined by applying previously-owned qualified plug-in electric drive motor vehicle for new qualified plug-in electric drive motor vehicle71 or which is a new qualified fuel cell motor vehicle 7as defined in subparagraphs 7,a7 and 7,b7 of section #cj;,b7b77#c77 which has a gross vehicle weight rating of less than #ad1jjj pounds4 7#b7 ,qualified sale ,the term qualified sale means a sale of a motor vehicle-- 7,a7 by a seller who holds such vehicle in inventory 7within the meaning of section #dga7 for sale or lease1 7,b7 for a sale price not to exceed #be1jjj1 and 7,c7 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 commenced4 7#c7 ,qualified buyer ,the term qualified buyer means1 with respect to a sale of a motor vehicle1 a taxpayer-- 7,a7 who is an individual1 7,b7 who purchases such vehicle for use and not for resale1 7,c7 with respect to whom no deduction is allowable with respect to another taxpayer under section #aea1 7,d7 who has not been allowed a credit under this section for any sale during the #c-year period ending on the date of the sale of such vehicle1 and 7,e7 who possesses a certificate issued by the seller that certifies-- 7i7 that the vehicle is a previously-owned qualified plug-in electric drive motor vehicle1 7ii7 the vehicle identification number of such vehicle1 7iii7 the capacity of the battery at time of sale1 and 7iv7 such other information as the ,secretary may require4 7#d7 ,motor vehicle2 capacity ,the terms motor vehicle and capacity have the meaning given such terms in paragraphs 7#b7 and 7#d7 of section #cf;,c7e71 respectively4 7e7 ,,vin number requirement ,no credit shall be allowed under subsection 7a7 with respect to any vehicle unless the taxpayer includes the vehicle identification number of such vehicle on the return of tax for the taxable year4 7f7 ,application of certain rules ,for purposes of this section1 rules similar to the rules of paragraphs 7#a71 7#b71 7#d71 7#e71 and 7#f7 of section #cf;,c7f7 shall apply for purposes of this section4 7g7 ,certificate submission requirement ,the ,secretary may require that the issuer of the certificate described in subsection 7c77#c77;,e7 submit such certificate to the ,secretary at the time and in the manner required by the ,secretary4 7h7 ,treatment of certain possessions 7#a7 ,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 7if any7 to that possession by reason of the application of the provisions of this section4 ,such amounts shall be determined by the ,secretary based on information provided by the government of the respective possession4 7#b7 ,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 7if any7 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 possession4 ,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 residents4 7#c7 ,mirror code tax system2 treatment of payments ,rules similar to the rules of paragraphs 7#c71 7#d71 and 7#e7 of section #ba7;h7 shall apply for purposes of this section4 7i7 ,transfer of credit ,rules similar to the rules of section #cf;,c7k7 shall apply4 7j7 ,termination ,no credit shall be allowed under this section with respect to any vehicle acquired after ,december #ca1 #bjca4 4 7b7 ,conforming amendments 7#a7 ,section #fbaa7;b77#d77;,a71 as amended by the preceding provisions of this ,act1 is amended by inserting #cf;,d1 after #cf;,c14 7#b7 ,section #fbac7;g77#b71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in subparagraph 7,s71 by striking and at the end1 7,b7 in subparagraph 7,t71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7,u7 an omission of a correct vehicle identification number required under section #cf;,d7d7 7relating to credit for previously-owned qualified plug-in electric drive motor vehicles7 to be included on a return4 4 7#c7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 as amended by the preceding provisions of this ,act1 is amended by inserting #cf;,d1 after #cf;,c14 7c7 ,clerical amendment ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by inserting after the item relating to section #cf;,c the following new item3 ,sec4 #cf;,d4 ,previously-owned qualified plug-in electric drive motor vehicles4 4 7d7 ,effective date ,the amendments made by this section shall apply to vehicles acquired after ,december #ca1 #bjba4 #acfdjc4 ,qualified commercial electric vehicles 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new section3 #de,y4 ,credit for qualified commercial electric vehicles 7a7 ,in general ,for purposes of section #ch1 the qualified commercial electric vehicle credit for any taxable year is an amount equal to the sum of the credit amounts determined under subsection 7b7 with respect to each qualified commercial electric vehicle placed in service by the taxpayer during the taxable year4 7b7 ,per vehicle amount 7#a7 ,in general ,the amount determined under this subsection with respect to any qualified commercial electric vehicle shall be equal to the lesser of-- 7,a7 #ae percent of the basis of such vehicle 7#cj percent in the case of a vehicle not powered by a gasoline or diesel internal combustion engine71 or 7,b7 the incremental cost of such vehicle4 7#b7 ,incremental cost ,for purposes of paragraph 7#a77;,b71 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 vehicle4 7#c7 ,comparable vehicle ,for purposes of this paragraph1 the term comparable vehicle means1 with respect to any qualified commercial electric vehicle1 any vehicle which is powered solely by a gasoline or diesel internal combustion engine and which is comparable in size and use to such vehicle4 7#d7 ,vehicles for lease to individuals 7,a7 ,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 individual1 the amount determined under this subsection with respect to such vehicle shall1 at the election of such taxpayer1 be equal to the amount of the credit that would otherwise be allowed under section #cf;,c7a7 with respect to such vehicle1 as determined as if such vehicle-- 7i7 is a new qualified plug-in electric drive motor vehicle1 and 7ii7 has been acquired and placed in service by an individual4 7,b7 ,election requirements 7i7 ,in general ,an election under subparagraph 7,a7 shall be made at such time and in such manner as the ,secretary prescribes by regulations or other guidance4 7ii7 ,disclosure requirement ,for purposes of any regulations or other guidance prescribed under clause 7i71 the ,secretary shall require that1 as a condition of an election under subparagraph 7,a71 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 section4 7c7 ,qualified commercial electric vehicle ,for purposes of this section1 the term qualified commercial electric vehicle means any vehicle which-- 7#a7 meets the requirements of subparagraphs 7,a7 and 7,c7 of section #cf;,c7e77#a7 without regard to any gross vehicle weight rating or the requirements of section #cf;,c7d71 and is acquired for use or lease by the taxpayer and not for resale1 7#b7 either-- 7,a7 meets the requirements of subparagraph 7,d7 of section #cf;,c7e77#a7 and is manufactured primarily for use on public streets1 roads1 and highways 7not including a vehicle operated exclusively on a rail or rails71 or 7,b7 is mobile machinery1 as defined in section #djec7h7 7including vehicles that are not designed to perform a function of transporting a load over the public highways71 7#c7 either-- 7,a7 is propelled to a significant extent by an electric motor which draws electricity from a battery which has a capacity of not less than #ae kilowatt hours and is capable of being recharged from an external source of electricity1 or 7,b7 is a new qualified fuel cell motor vehicle described in subparagraphs 7,a7 and 7,b7 of section #cj;,b7b77#c71 and 7#d7 is of a character subject to the allowance for depreciation4 7d7 ,special rules 7#a7 ,in general ,subject to paragraph 7#b71 rules similar to the rules under subsection 7f7 of section #cf;,c shall apply for purposes of this section4 7#b7 ,recapture ,the ,secretary shall1 by regulations or other guidance1 provide for recapturing the benefit of any credit allowed under subsection 7a7 with respect to any property which ceases to be property eligible for such credit1 including regulations or other guidance which1 in the case of any commercial electric vehicle for which an election was made under subsection 7b77#d7-- 7,a7 recaptures the credit allowed under subsection 7a7 if-- 7i7 such vehicle was not leased to an individual1 or 7ii7 the taxpayer failed to comply with the requirements described in subsection 7b77#d77;,b77ii71 and 7,b7 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 #cf;,c7c77#b71 recaptures so much of the credit allowed under subsection 7a7 as exceeds the amount of the credit which would have otherwise been allowable under such subsection if1 for purposes of subsection 7b77#d77;,a71 the amount of the credit that would otherwise be allowed under section #cf;,c7a7 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 #cf;,c7c74 7#c7 ,vehicles placed in service by tax-exempt entities ,subsection 7c77#d7 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 7i71 7ii71 or 7iv7 of section #afh7;h77#b77;,a74 7e7 ,,vin number requirement ,no credit shall be determined under subsection 7a7 with respect to any vehicle unless the taxpayer includes the vehicle identification number of such vehicle on the return of tax for the taxable year4 7f7 ,termination ,no credit shall be determined under this section with respect to any vehicle acquired after ,december #ca1 #bjca4 4 7b7 ,elective payment of credit in case of certain tax-exempt entities ,section #fdag7;b71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#i7 ,in the case of a tax-exempt entity described in clause 7i71 7ii71 or 7iv7 of section #afh7;h77#b77;,a71 the credit for qualified commercial vehicles determined under section #de,y by reason of subsection 7d77#b7 thereof4 4 7c7 ,conforming amendments 7#a7 ,section #ch7;b7 is amended by striking paragraph 7#cj7 and inserting the following3 7#cj7 the qualified commercial electric vehicle credit determined under section #de,y1 4 7#b7 ,section #fbac7;g77#b71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in subparagraph 7,t71 by striking and at the end1 7,b7 in subparagraph 7,u71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7,v7 an omission of a correct vehicle identification number required under section #de,y7e7 7relating to commercial electric vehicle credit7 to be included on a return4 4 7#c7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new item3 ,sec4 #de,y4 ,qualified commercial electric vehicle credit4 4 7d7 ,effective date ,the amendments made by this section shall apply to vehicles acquired after ,december #ca1 #bjba4 #acfdjd4 ,qualified fuel cell motor vehicles 7a7 ,in general ,section #cj;,b7k77#a7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjca4 7b7 ,new qualified fuel cell motor vehicle ,section #cj;,b7b7 is amended by striking and at the end of subparagraph 7,d71 by striking the period at the end of subparagraph 7,e7 and inserting 1 and1 and by adding at the end the following new subparagraph3 7,f7 which is not property of a character subject to an allowance for depreciation4 4 7c7 ,conforming amendment ,section #cj;,b7g7 is amended to read as follows3 7g7 ,personal credit ,for purposes of this title1 the credit allowed under subsection 7a7 for any taxable year 7determined after application of paragraph 7#a77 shall be treated as a credit allowable under subpart ,a for such taxable year4 4 7d7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjba4 #acfdje4 ,alternative fuel refueling property credit 7a7 ,in general ,section #cj;,c7g7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjca4 7b7 ,additional credit for certain electric charging property 7#a7 ,in general ,section #cj;,c7a7 is amended-- 7,a7 by striking equal to #cj percent and inserting the following3 equal to the sum of-- 7#a7 #cj percent 7#f percent in the case of property of a character subject to depreciation7 1 7,b7 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#b7 #d percent of so much of such cost as exceeds the limitation under subsection 7b77#a7 that does not exceed the amount of cost attributable to qualified alternative fuel vehicle refueling property 7determined without regard to subsection 7c77#a7 and as if only electricity1 and fuel at least #he percent of the volume of which consists of hydrogen1 were treated as clean-burning fuels for purposes of section #agi;,a7d77 which-- 7,a7 is intended for general public use with no associated fee or payment arrangement1 7,b7 is intended for general public use and accepts payment via a credit card reader1 including a credit card reader that uses contactless technology1 or 7,c7 is intended for use exclusively by commercial or governmental vehicles4 4 7#b7 ,conforming amendment ,section #cj;,c7b7 is amended-- 7,a7 by striking ,the credit allowed under subsection 7a7 and inserting ,the amount of cost taken into account under subsection 7a77#a71 7,b7 by striking #cj1jjj and inserting #ajj1jjj1 and 7,c7 by striking #a1jjj and inserting #c1ccc4cc4 7#c7 ,bidirectional charging equipment included as qualified alternative fuel vehicle refueling property ,section #cj;,c7c7 is amended to read as follows3 7c7 ,qualified alternative fuel vehicle refueling property ,for purposes of this section-- 7#a7 ,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 #agi;,a if-- 7,a7 paragraph 7#a7 of section #agi;,a7d7 did not apply to property installed on property which is used as the principal residence 7within the meaning of section #aba7 of the taxpayer1 and 7,b7 only the following were treated as clean-burning fuels for purposes of section #agi;,a7d73 7i7 ,any fuel at least #he percent of the volume of which consists of one or more of the following3 ethanol1 natural gas1 compressed natural gas1 liquified natural gas1 liquefied petroleum gas1 or hydrogen4 7ii7 ,any mixture-- 7,i7 which consists of two or more of the following3 biodiesel 7as defined in section #dj;,a7d77#a771 diesel fuel 7as defined in section #djhc7;a77#c771 or kerosene1 and 7,,ii7 at least #bj percent of the volume of which consists of biodiesel 7as so defined7 determined without regard to any kerosene in such mixture4 7iii7 ,electricity4 7#b7 ,bidirectional charging equipment ,property shall not fail to be treated as qualified alternative fuel vehicle refueling property solely because such property-- 7,a7 is capable of charging the battery of a motor vehicle propelled by electricity1 and 7,b7 allows discharging electricity from such battery to an electric load external to such motor vehicle4 4 7c7 ,certain electric charging stations included as qualified alternative fuel vehicle refueling property ,section #cj;,c is amended by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively1 and by inserting after subsection 7e7 the following3 7f7 ,special rule for electric charging stations for certain vehicles with #b or #c wheels ,for purposes of this section-- 7#a7 ,in general ,the term qualified alternative fuel vehicle refueling property includes any property described in subsection 7c7 for the recharging of a motor vehicle described in paragraph 7#b7 that is propelled by electricity1 but only if the property-- 7,a7 meets the requirements of subsection 7a77#b71 and 7,b7 is of a character subject to depreciation4 7#b7 ,motor vehicle ,a motor vehicle is described in this paragraph if the motor vehicle-- 7,a7 is manufactured primarily for use on public streets1 roads1 or highways 7not including a vehicle operated exclusively on a rail or rails71 and 7,b7 has at least #b1 but not more than #c1 wheels4 4 7d7 ,wage and apprenticeship requirements ,section #cj;,c1 as amended by this section1 is further amended by redesignating subsections 7g7 and 7h7 as subsections 7h7 and 7i7 and by inserting after subsection 7f7 the following new subsection3 7g7 ,wage and apprenticeship requirements 7#a7 ,increased credit amount 7,a7 ,in general ,in the case of any qualified alternative fuel vehicle refueling project which satisfies the requirements of subparagraph 7,c71 the amount of the credit determined under subsection 7a7 for property of a character subject to an allowance for depreciation shall be equal to such amount multiplied by #e 7determined without regard to this sentence74 7,b7 ,qualified alternative fuel vehicle refueling project ,for purposes of this subsection1 the term qualified alternative fuel vehicle refueling project means a project consisting of multiple properties that are part of a single project4 ,the requirements of this paragraph shall be applied to such project4 7,c7 ,project requirements ,a project meets the requirements of this subparagraph if it is one of the following3 7i7 ,a project the construction of which begins prior to the date that is #fj days after the ,secretary publishes guidance with respect to the requirements of paragraphs 7#b7 and 7#c74 7ii7 ,a project which satisfies the requirements of paragraphs 7#b7 and 7#c74 7#b7 ,prevailing wage requirements 7,a7 ,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 construction1 alteration1 or repair of a similar character in the locality as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply4 7#c7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#d7 ,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 subsection1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of establishing the requirements of this subsection4 4 7e7 ,effective date ,the amendment made by this section shall apply to property placed in service after ,december #ca1 #bjba4 #acfdjf4 ,reinstatement and expansion of employer-provided fringe benefits for bicycle commuting 7a7 ,repeal of suspension of exclusion for qualified bicycle commuting benefits ,section #acb7;f7 is amended by striking paragraph 7#h74 7b7 ,expansion of bicycle commuting benefits ,section #acb7;f77#e77;,f7 is amended to read as follows3 7,f7 ,definitions related to bicycle commuting benefits 7i7 ,qualified bicycle commuting benefit ,the term qualified bicycle commuting benefit means1 with respect to any calendar year-- 7,i7 any employer reimbursement during the #ae-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 7including associated finance charges71 lease1 rental 7including a bikeshare71 improvement1 repair1 or storage of qualified commuting property1 or 7,,ii7 the direct or indirect provision by the employer to the employee during such calendar year of the use 7including a bikeshare71 improvement1 repair1 or storage of qualified commuting property1 if the employee regularly uses such qualified commuting property for travel between the employee's residence1 place of employment1 a qualified parking facility1 or a mass transit facility that connects the employee to their residence or place of employment4 7ii7 ,qualified commuting property ,the term qualified commuting property means-- 7,i7 any bicycle 7other than a bicycle equipped with any motor71 7,,ii7 any electric bicycle which meets the requirements of section #cf;,e7c77#e71 7,,iii7 any #b- or #c-wheel scooter 7other than a scooter equipped with any motor71 and 7,,iv7 any #b- or #c-wheel scooter propelled by an electric motor if such motor does not provide assistance if the speed of such scooter exceeds #bj miler per hour 7or if the speed of such scooter is not capable of exceeding #bj miles per hour7 and the weight of such scooter does not exceed #ajj pounds4 7iii7 ,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 area4 4 7c7 ,limitation on exclusion ,section #acb7;f77#b77;,c7 is amended to read as follows3 7,c7 #cj percent of the dollar amount in effect under subparagraph 7,b7 per month in the case of any qualified bicycle commuting benefit4 4 7d7 ,no constructive receipt ,section #acb7;f77#d7 is amended by striking 7other than a qualified bicycle commuting reimbursement74 7e7 ,conforming amendments 7#a7 ,section #acb7;f77#a77;,d7 is amended by striking reimbursement and inserting benefit4 7#b7 ,section #bgd7l7 is amended by striking paragraph 7#b74 7f7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acfdjg4 ,credit for certain new electric bicycles 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by inserting after section #cf;,d the following new section3 #cf;,e4 ,electric bicycles 7a7 ,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 #cj percent of the cost of each qualified electric bicycle placed in service by the taxpayer during such taxable year4 7b7 ,limitations 7#a7 ,limitation on cost per electric bicycle taken into account ,the amount taken into account under subsection 7a7 as the cost of any qualified electric bicycle shall not exceed #c1jjj4 7#b7 ,bicycle limitation with respect to credit 7,a7 ,limitation on number of personal-use bicycles ,in the case of any taxpayer for any taxable year1 the number of personal-use bicycles taken into account under subsection 7a7 shall not exceed the excess 7if any7 of-- 7i7 #a 7#b in the case of a joint return71 reduced by 7ii7 the aggregate number of bicycles taken into account by the taxpayer under subsection 7a7 for the #b preceding taxable years4 7,b7 ,phaseout based on modified adjusted gross income ,the credit allowed under subsection 7a7 shall be reduced by #bjj for each #a1jjj 7or fraction thereof7 by which the taxpayer's modified adjusted gross income exceeds-- 7i7 #aej1jjj in the case of a joint return or a surviving spouse 7as defined in section #b7;a771 7ii7 #aab1ejj in the case of a head of household 7as defined in section #b7;b771 and 7iii7 #ge1jjj in the case of a taxpayer not described in clause 7i7 or 7ii74 7,c7 ,modified adjusted gross income ,for purposes of subparagraph 7,b71 the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section #iaa1 #ica1 or #icc4 7,d7 ,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-- 7i7 the modified adjusted gross income for the taxable year in which the credit is claimed1 or 7ii7 the modified adjusted gross income for the immediately preceding taxable year4 7c7 ,qualified electric bicycle ,for purposes of this section1 the term qualified electric bicycle means a bicycle-- 7#a7 the original use of which commences with the taxpayer1 7#b7 which is acquired for use by the taxpayer and not for resale1 7#c7 which is made by a qualified manufacturer and is labeled with the qualified vehicle identification number assigned to such bicycle by such manufacturer1 7#d7 with respect to which the aggregate amount paid for such acquisition does not exceed #d1jjj1 and 7#e7 which is equipped with-- 7,a7 fully operable pedals1 7,b7 a saddle or seat for the rider1 and 7,c7 an electric motor of less than #gej watts which is designed to provided assistance in propelling the bicycle and-- 7i7 does not provide such assistance if the bicycle is moving in excess of #bj miler per hour1 or 7ii7 if such motor only provides such assistance when the rider is pedaling1 does not provide such assistance if the bicycle is moving in excess of #bh miles per hour4 7d7 ,,vin number requirement 7#a7 ,in general ,no credit shall be allowed under subsection 7a7 with respect to any qualified electric bicycle unless the taxpayer includes the qualified vehicle identification number of such bicycle on the return of tax for the taxable year4 7#b7 ,qualified vehicle identification number ,for purposes of this section1 the term qualified vehicle identification number means1 with respect to any bicycle1 the vehicle identification number assigned to such bicycle by a qualified manufacturer pursuant to the methodology referred to in paragraph 7#c74 7#c7 ,qualified manufacturer ,for purposes of this section1 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-- 7,a7 assign a vehicle identification number to each qualified electric bicycle produced by such manufacturer utilizing a methodology that will ensure that such number 7including any alphanumeric7 is unique to such bicycle 7by utilizing numbers or letters which are unique to such manufacturer or by such other method as the ,secretary may provide71 7,b7 label such bicycle with such number in such manner as the ,secretary may provide1 and 7,c7 make periodic written reports to the ,secretary 7at such times and in such manner as the ,secretary may provide7 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 assigned4 7e7 ,special rules 7#a7 ,basis reduction ,for purposes of this subtitle1 the basis of any property for which a credit is allowable under subsection 7a7 shall be reduced by the amount of such credit so allowed4 7#b7 ,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 7a7 shall be reduced by the amount of credit allowed under such subsection for such bicycle4 7#c7 ,property used outside united states not qualified ,no credit shall be allowable under subsection 7a7 with respect to any property referred to in section #ej7;b77#a74 7#d7 ,recapture ,the ,secretary shall1 by regulations or other guidance1 provide for recapturing the benefit of any credit allowable under subsection 7a7 with respect to any property which ceases to be property eligible for such credit4 7#e7 ,election not to take credit ,no credit shall be allowed under subsection 7a7 for any bicycle if the taxpayer elects to not have this section apply to such bicycle4 7f7 ,treatment of certain possessions 7#a7 ,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 7if any7 to that possession by reason of the application of the provisions of this section 7determined without regard to this subsection74 ,such amounts shall be determined by the ,secretary based on information provided by the government of the respective possession4 7#b7 ,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 7if any7 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 possession4 ,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 residents4 7#c7 ,mirror code tax system2 treatment of payments ,rules similar to the rules of paragraphs 7#c71 7#d71 and 7#e7 of section #ba7;h7 shall apply for purposes of this section4 7g7 ,transfer of credit 7#a7 ,in general ,subject to such regulations or other guidance as the ,secretary determines necessary or appropriate1 if the taxpayer who acquires a qualified electric bicycle after ,december #ca1 #bjbb elects the application of this subsection with respect to such qualified electric bicycle1 the credit which would 7but for this subsection7 be allowed to such taxpayer with respect to such qualified electric bicycle shall be allowed to the eligible entity specified in such election 7and not to such taxpayer74 7#b7 ,eligible entity ,for purposes of this paragraph1 the term eligible entity means1 with respect to the qualified electric bicycle for which the credit is allowed under subsection 7a71 the retailer which sold such qualified electric bicycle to the taxpayer and has-- 7,a7 subject to paragraph 7#d71 registered with the ,secretary for purposes of this paragraph1 at such time1 and in such form and manner1 as the ,secretary may prescribe1 7,b7 prior to the election described in paragraph 7#a7 and no later than at the time of such sale1 disclosed to the taxpayer purchasing such qualified electric bicycle-- 7i7 the retail price1 7ii7 the value of the credit allowed or other incentive available for the purchase of such qualified electric bicycle1 7iii7 all fees associated with the purchase of such qualified electric bicycle1 and 7iv7 the amount provided by the retailer to such taxpayer as a condition of the election described in paragraph 7#a71 7,c7 made payment to such taxpayer 7whether in cash or in the form of a partial payment or down payment for the purchase of such qualified electric bicycle7 in an amount equal to the credit otherwise allowable to such taxpayer1 and 7,d7 with respect to any incentive otherwise available for the purchase of a qualified electric bicycle for which a credit is allowed under this section1 including any incentive in the form of a rebate or discount provided by the retailer or manufacturer1 ensured that-- 7i7 the availability or use of such incentive shall not limit the ability of a taxpayer to make an election described in paragraph 7#a71 and 7ii7 such election shall not limit the value or use of such incentive4 7#c7 ,timing ,an election described in paragraph 7#a7 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 7a7 is purchased4 7#d7 ,revocation of registration ,upon determination by the ,secretary that a retailer has failed to comply with the requirements described in paragraph 7#b71 the ,secretary may revoke the registration 7as described in subparagraph 7,a7 of such paragraph7 of such retailer4 7#e7 ,tax treatment of payments ,with respect to any payment described in paragraph 7#b77;,c71 such payment-- 7,a7 shall not be includible in the gross income of the taxpayer1 and 7,b7 with respect to the retailer1 shall not be deductible under this title4 7#f7 ,application of certain other requirements ,in the case of any election under paragraph 7#a7 with respect to any qualified electric bicycle-- 7,a7 the amount of the reduction under subsection 7b7 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 7and not with respect to such income for the taxable year in which such qualified electric bicycle was acquired71 7,b7 the requirements of paragraphs 7#a7 and 7#b7 of subsection 7e7 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 taxpayer1 and 7,c7 subsection 7e77#e7 shall not apply4 7#g7 ,advance payment to registered retailers 7,a7 ,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 7a7 with respect to any qualified electric bicycles sold by such entity for which an election described in paragraph 7#a7 has been made4 7,b7 ,excessive payments ,rules similar to the rules of section #fdag7;c77#g7 shall apply for purposes of this paragraph4 7#h7 ,retailer ,for purposes of this subsection1 the term retailer means a person engaged in the trade or business of selling qualified electric bicycles in a ,state1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 any other territory or possession of the ,united ,states1 an ,indian tribal government 7as defined in section #dh7;e77#d77;,f77ii771 or any ,alaska ,native ,corporation 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7m774 7h7 ,termination ,this section shall not apply to bicycles placed in service after ,december #ca1 #bjbe4 4 7b7 ,conforming amendments 7#a7 ,section #ajaf7;a7 is amended by striking and at the end of paragraph 7#ch71 by striking the period at the end of paragraph 7#ci7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#dj7 to the extent provided in section #cf;,e7f77#a74 4 7#b7 ,section #fbaa7;b77#d77;,a7 of such ,code is amended by inserting #cf;,e by reason of subsection 7c77#b7 thereof1 before #cb14 7#c7 ,section #fbac7;g77#b71 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 in subparagraph 7,u71 by striking and at the end1 7,b7 in subparagraph 7,v71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7,w7 an omission of a correct vehicle identification number required under section #cf;,e7d7 7relating to electric bicycles credit7 to be included on a return4 4 7#d7 ,section #feja7m7 is amended by inserting #cf;,e7f77#d71 after #ce7;g77#aa714 7#e7 ,section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by inserting #cf;,e1 after #cf;,d14 7c7 ,clerical amendment ,the table of sections for subpart ,b of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new item3 ,sec4 #cf;,e4 ,electric bicycles4 4 7d7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjba1 in taxable years ending after such date4 #e ,investment in the ,green ,workforce and ,manufacturing #acfeja4 ,extension of the advanced energy project credit 7a7 ,extension of credit ,section #dh;,c is amended by redesignating subsection 7e7 as subsection 7f7 and by inserting after subsection 7d7 the following new subsection3 7e7 ,additional allocations 7#a7 ,in general ,not later than #bgj days after the date of enactment of this subsection1 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 sponsors4 7#b7 ,annual limitation 7,a7 ,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 year4 7,b7 ,annual credit limitation 7i7 ,in general ,for purposes of this subsection1 the term annual credit limitation means #e1jjj1jjj1jjj for each of calendar years #bjbb through #bjbc1 #a1hge1jjj1jjj for each of calendar years #bjbd through #bjca1 and zero thereafter4 7ii7 ,amount set aside for automotive communities 7,i7 ,in general ,for purposes of clause 7i71 #hjj1jjj1jjj of the annual credit limitation for each of calendar years #bjbb through #bjbc and #cjj1jjj1jjj for each of calendar years #bjbd through #bjca shall be allocated to qualified investments located within automotive communities4 7,,ii7 ,automotive communities ,for purposes of this clause1 the term automotive communities means a census tract and any directly adjoining census tract1 including a no-population census tract1 that has experienced major job losses in the automotive manufacturing sector since ,january #a1 #aiid1 as determined by the ,secretary4 7iii7 ,amount set aside for energy communities ,for purposes of clause 7i71 #hjj1jjj1jjj of the annual credit limitation for each of calendar years #bjbb through #bjbc and #cjj1jjj1jjj for each of calendar years #bjbd through #bjca shall be allocated to qualified investments located within energy communities 7as defined in section #de7;b77#aa77;,b774 7,c7 ,carryover of unused limitation ,if the annual credit limitation for any calendar year exceeds the aggregate amount designated for such year under this subsection1 such limitation for the succeeding calendar year shall be increased by the amount of such excess4 ,no amount may be carried under the preceding sentence to any calendar year after #bjcf4 7#c7 ,certifications 7,a7 ,application requirement ,each applicant for certification under this subsection shall submit an application at such time and containing such information as the ,secretary may require4 7,b7 ,time to meet criteria for certification ,each applicant for certification shall have #b 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 met4 7,c7 ,period of issuance ,an applicant which receives a certification shall have #b 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 service1 and if such project is not placed in service 7and the ,secretary so notified7 by that time period1 then the certification shall no longer be valid4 ,if any certification is revoked under this subparagraph1 the amount of the annual credit limitation under paragraph 7#b7 for the calendar year in which such certification is revoked shall be increased by the amount of the credit with respect to such revoked certification4 7#d7 ,selection criteria ,selection criteria similar to those in subsection 7d77#c7 shall apply1 except that in determining designations under this subsection1 the ,secretary shall-- 7,a7 in addition to the factors described in subsection 7d77#c77;,b71 take into consideration which projects-- 7i7 will provide the greatest net impact in avoiding or reducing anthropogenic emissions of greenhouse gases1 as determined by the ,secretary1 7ii7 will provide the greatest domestic job creation 7both direct and indirect7 during the credit period1 7iii7 will provide the greatest job creation within the vicinity of the project1 particularly with respect to-- 7,i7 low-income communities 7as described in section #de;,d7e771 and 7,,ii7 dislocated workers who were previously employed in manufacturing1 coal power plants1 or coal mining1 and 7iv7 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 color1 low-income communities1 ,tribal and ,indigenous communities1 or individuals formerly employed in the fossil fuel industry1 and 7,b7 give the highest priority to projects which-- 7i7 manufacture 7other than primarily assembly of components7 property described in a subclause of subsection 7c77#a77;,a77i7 7or components thereof71 and 7ii7 have the greatest potential for commercial deployment of new applications4 7#e7 ,disclosure of allocations ,the ,secretary shall1 upon allocating a credit under this subsection1 publicly disclose the identity of the applicant1 the amount of the credit with respect to such applicant1 and the project location for which such credit was allocated4 7#f7 ,credit conditioned upon wage and apprenticeship requirements 7,a7 ,base rate ,for purposes of allocations under this subsection1 the amount of the credit determined under subsection 7a7 shall be determined by substituting #f percent for #cj percent4 7,b7 ,alternative rate ,in the case of any project which satisfies the requirements of paragraphs 7#g7 and 7#h71 the amount of the credit determined under subsection 7a7 7after application of subparagraph 7,a77 shall be equal to such amount multiplied by #e4 7#g7 ,prevailing wage requirements 7,a7 ,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-equipping1 expansion1 or establishment of a manufacturing facility shall be paid wages at rates not less than the prevailing rates for construction1 alteration1 or repair of a similar character in the locality as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,in the case of any taxpayer which fails to satisfy the requirement under subparagraph 7,a7 with respect to any project-- 7i7 rules similar to the rules of clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply1 and 7ii7 if the failure to satisfy the requirement under subparagraph 7,a7 is not corrected pursuant to the rules described in clause 7i71 the certification with respect to the re-equipping1 expansion1 or establishment of a manufacturing facility shall no longer be valid4 7#h7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 4 7b7 ,modification of qualifying advanced energy projects 7#a7 ,inclusion of water as a renewable resource ,section #dh;,c7c77#a77;,a77i77,i7 is amended by inserting water1 after sun14 7#b7 ,energy storage systems ,section #dh;,c7c77#a77;,a77i77,,ii7 is amended by striking an energy storage system for use with electric or hybrid-electric motor vehicles and inserting energy storage systems and components4 7#c7 ,modification of qualifying electric grid property ,section #dh;,c7c77#a77;,a77i77,,iii7 is amended to read as follows3 7,,iii7 electric grid modernization equipment or components1 4 7#d7 ,use of captured carbon ,section #dh;,c7c77#a77;,a77i77,,iv7 is amended by striking sequester and insert use or sequester4 7#e7 ,electric vehicles and bicycles ,section #dh;,c7c77#a77;,a77i77,,vi7 is amended-- 7,a7 by striking new qualified plug-in electric drive motor vehicles 7as defined by section #cj;,d7 and inserting vehicles described in sections #cf;,c and #de,y1 and bicycles described in section #cf;,e1 and 7,b7 and striking and power control units and inserting power control units1 and equipment used for charging or refueling4 7#f7 ,property for production of hydrogen ,section #dh;,c7c77#a77;,a77i7 is amended by striking or at the end of subclause 7,,vi71 by redesignating subclause 7,,vii7 as subclause 7,,viii71 an by inserting after subclause 7,,vi7 the following new subclause3 7,,vii7 property designed to be used to produce qualified clean hydrogen 7as defined in section #de,x71 or 4 7#g7 ,recycling of advanced energy property ,section #dh;,c7c77#a7 is amended by adding at the end the following new subparagraph3 7,c7 ,special rule for certain recycling facilities ,a facility which recycles batteries or similar energy storage property described in subparagraph 7,a77i7 shall be treated as part of a manufacturing facility described in such subparagraph4 4 7c7 ,denial of double benefit #dh;,c7f71 as redesignated by this section1 is amended by striking or #dh;,b and inserting #dh;,b1 #dh;,f1 #de,q1 or #de,x4 7d7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbb4 #acfejb4 ,labor costs of installing mechanical insulation property 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is further amended by adding at the end the following new section3 #de,z4 ,labor costs of installing mechanical insulation property 7a7 ,in general ,for purposes of section #ch1 the mechanical insulation labor costs credit determined under this section for any taxable year is an amount equal to #b percent of the mechanical insulation labor costs paid or incurred by the taxpayer during such taxable year4 7b7 ,mechanical insulation labor costs ,for purposes of this section-- 7#a7 ,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 7#b77;,a7 which was originally placed in service not less than #a year before the date on which such mechanical insulation property is installed4 7#b7 ,mechanical insulation property ,the term mechanical insulation property means insulation materials1 and facings and accessory products installed in connection to such insulation materials-- 7,a7 placed in service in connection with a mechanical system which-- 7i7 is located in the ,united ,states1 7ii7 is of a character subject to an allowance for depreciation1 and 7iii7 meets the requirements of section #dcd4djc of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this section71 and 7,b7 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 #ij4a 7as defined in section #agi;,d7c77#b774 7c7 ,wage and apprenticeship requirements 7#a7 ,in general ,in the case of any project which meets the prevailing wage and apprenticeship requirements of this subsection1 the amount of credit determined under subsection 7a7 shall be multiplied by #e4 7#b7 ,wage requirements ,rules similar to the rules of section #de7;b77#g77;,a7 and clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply4 7#c7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7d7 ,termination ,this section shall not apply to mechanical insulation labor costs paid or incurred after ,december #ca1 #bjbe4 4 7b7 ,credit allowed as part of general business credit ,section #ch7;b71 as amended by the preceding provisions of this ,act1 is further amended by striking plus at the end of paragraph 7#cf71 by striking the period at the end of paragraph 7#cg7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#ch7 the mechanical insulation labor costs credit determined under section #de,z7a74 4 7c7 ,conforming amendments 7#a7 ,section #bhj;,c is amended by adding at the end the following new subsection3 7i7 ,mechanical insulation labor costs credit 7#a7 ,in general ,no deduction shall be allowed for that portion of the mechanical insulation labor costs 7as defined in section #de,z7b77 otherwise allowable as deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section #de,z7a74 7#b7 ,similar rule where taxpayer capitalizes rather than deducts expenses ,if-- 7,a7 the amount of the credit determined for the taxable year under section #de,z7a71 exceeds 7,b7 the amount of allowable as a deduction for such taxable year for mechanical insulation labor costs 7determined without regard to paragraph 7#a771 the amount chargeable to capital account for the taxable year for such costs shall be reduced by the amount of such excess4 4 7#b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is further amended by adding at the end the following new item3 ,sec4 #de,z4 ,labor costs of installing mechanical insulation property4 4 7d7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred after ,december #ca1 #bjba1 in taxable years ending after such date4 #acfejc4 ,advanced ,manufacturing ,investment ,credit 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #dh;,d the following new section3 #dh;,e4 ,advanced manufacturing investment credit 7a7 ,establishment of credit 7#a7 ,in general ,for purposes of section #df1 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 facility4 7#b7 ,applicable percentage 7,a7 ,base amount ,in the case of any advanced manufacturing facility which does not satisfy the requirements described in clauses 7i7 and 7ii7 of subparagraph 7,b71 the applicable percentage shall be #e percent4 7,b7 ,alternative amount ,in the case of any advanced manufacturing facility which-- 7i7 subject to subparagraph 7,b7 of subsection 7c77#b71 satisfies the requirements under subparagraph 7,a7 of such subsection1 and 7ii7 with respect to the construction of such facility1 satisfies the apprenticeship requirements under subsection 7c77#c71 the applicable percentage shall be #be percent4 7b7 ,qualified investment 7#a7 ,in general ,for purposes of subsection 7a77#a71 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 facility4 7#b7 ,qualified property 7,a7 ,in general ,for purposes of this subsection1 the term qualified property means property-- 7i7 which is tangible property1 7ii7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable1 7iii7 which is-- 7,i7 constructed1 reconstructed1 or erected by the taxpayer1 or 7,,ii7 acquired by the taxpayer if the original use of such property commences with the taxpayer1 and 7iv7 which is integral to the operation of the advanced manufacturing facility4 7,b7 ,buildings and structural components 7i7 ,in general ,the term qualified property includes any building or its structural components which otherwise satisfy the requirements under subparagraph 7,a74 7ii7 ,exception ,clause 7i7 shall not apply with respect to a building or portion of a building used for offices1 administrative services or other functions unrelated to manufacturing4 7#c7 ,advanced manufacturing facility ,for purposes of this subpart1 the term advanced manufacturing facility means a facility for which the primary purpose is the manufacturing of semiconductors or semiconductor tooling equipment4 7#d7 ,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 7as defined in section #dg7;c77#b774 7c7 ,special rules 7#a7 ,certain progress expenditure rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of subsection 7a74 7#b7 ,wage requirements 7,a7 ,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-- 7i7 the construction of such facility1 and 7ii7 for any year during the #e-year period beginning on the date the facility is originally placed in service1 the alteration or repair of such facility1 shall be paid wages at rates not less than the prevailing rates for construction1 alteration1 or repair of a similar character in the locality as most recently determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,correction and penalty related to failure to satisfy wage requirements ,rules similar to the rules of clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply4 7,c7 ,recapture ,the ,secretary shall1 by regulations or other guidance1 provide for recapturing the benefit of any increase in the credit allowed under paragraph 7#b77;,b7 of subsection 7a71 with respect to any project which does not satisfy the requirements under subparagraph 7,a7 7after application of subparagraph 7,b77 for the period described in clause 7ii7 of subparagraph 7,a7 7but which does not cease to be investment credit property within the meaning of section #ej7;a774 ,the period and percentage of such recapture shall be determined under rules similar to the rules of section #ej7;a74 7#c7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#d7 ,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 section1 including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of establishing the requirements of this section4 7d7 ,termination of credit ,the credit allowed under this section shall not apply to facilities or property the construction of which begins after ,december #ca1 #bjbe4 4 7b7 ,elective payment of credit ,section #fdag7;b71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#aj7 ,the advanced manufacturing investment credit determined under section #dh;,e4 4 7c7 ,conforming amendments 7#a7 ,section #df is amended-- 7,a7 by striking and at the end of paragraph 7#f71 7,b7 by striking the period at the end of paragraph 7#g7 and inserting 1 and1 and 7,c7 by adding at the end the following new paragraph3 7#h7 the advanced manufacturing investment credit4 4 7#b7 ,section #di7;a77#a77;,c7 is amended-- 7,a7 by striking and at the end of clause 7vi71 7,b7 by striking the period at the end of clause 7vii7 and inserting 1 and1 and 7,c7 by adding at the end the following new clause3 7viii7 the basis of any qualified property 7as defined in section #dh;,e7b77#b77 which is part of an advanced manufacturing facility4 4 7#c7 ,section #ej7;a77#b77;,e7 is amended by striking or #dh;,d7e7 and inserting #dh;,d7e71 or #dh;,e7c77#a74 7#d7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a is amended by inserting after the item relating to section #dh;,d the following new item3 #dh;,e4 ,advanced manufacturing investment credit4 4 7d7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjba and1 for any property the construction of which begins prior to ,january #a1 #bjbb1 only to the extent of the basis thereof attributable to the construction1 reconstruction1 or erection after ,december #ca1 #bjba4 #acfejd4 ,advanced manufacturing production credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new section3 #de;,,aa4 ,advanced manufacturing production credit 7a7 ,in general 7#a7 ,allowance of credit ,for purposes of section #ch1 the advanced manufacturing production credit for any taxable year is an amount equal to the sum of the credit amounts determined under subsection 7b7 with respect to each eligible component which is-- 7,a7 produced by such taxpayer1 and 7,b7 during the taxable year1 sold by the taxpayer to an unrelated person4 7#b7 ,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 7#a7 is in a trade or business of the taxpayer4 7#c7 ,unrelated person ,for purposes of this subsection1 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 taxpayer4 7b7 ,credit amount 7#a7 ,in general ,subject to paragraph 7#c71 the amount determined under this subsection with respect to any eligible component1 including any eligible component it incorporates1 shall be equal to-- 7,a7 in the case of a thin photovoltaic cell or a crystalline photovoltaic cell1 an amount equal to the product of-- 7i7 #d cents1 multiplied by 7ii7 the capacity of such cell 7expressed on a per direct current watt basis71 7,b7 in the case of a photovoltaic wafer1 #ab per square meter1 7,c7 in the case of solar grade polysilicon1 #c per kilogram1 7,d7 in the case of a solar module1 an amount equal to the product of-- 7i7 #g cents1 multiplied by 7ii7 the capacity of such module 7expressed on a per direct current watt basis71 and 7,e7 in the case of a wind energy component1 an amount equal to the product of-- 7i7 the applicable amount with respect to such component1 multiplied by 7ii7 the total rated capacity 7expressed on a per watt basis7 of the completed wind turbine for which such component is designed4 7#b7 ,applicable amount ,for purposes of paragraph 7#a77;,e71 the applicable amount with respect to any wind energy component shall be-- 7,a7 in the case of a blade1 #b cents1 7,b7 in the case of a nacelle1 #e cents1 7,c7 in the case of a tower1 #c cents1 and 7,d7 in the case of an offshore wind foundation-- 7i7 which uses a fixed platform1 #b cents1 or 7ii7 which uses a floating platform1 #d cents4 7#c7 ,phase out 7,a7 ,in general ,in the case of any eligible component sold after ,december #ca1 #bjbf1 the amount determined under this subsection with respect to such component shall be equal to the product of-- 7i7 the amount determined under paragraph 7#a7 with respect to such component1 as determined without regard to this paragraph1 multiplied by 7ii7 the phase out percentage under subparagraph 7,b74 7,b7 ,phase out percentage ,the phase out percentage under this subparagraph is equal to-- 7i7 in the case of an eligible component sold during calendar year #bjbg1 #ge percent1 7ii7 in the case of an eligible component sold during calendar year #bjbh1 #ej percent1 7iii7 in the case of an eligible component sold during calendar year #bjbi1 #be percent1 7iv7 in the case of an eligible component sold after ,december #ca1 #bjbi1 #j percent4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,eligible component 7,a7 ,in general ,the term eligible component means-- 7i7 any solar energy component1 and 7ii7 any wind energy component4 7,b7 ,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 #dh;,c or #dh;,e after the date of the enactment of this section4 7#b7 ,solar energy component 7,a7 ,in general ,the term solar energy component means any of the following3 7i7 ,solar modules4 7ii7 ,photovoltaic cells4 7iii7 ,photovoltaic wafers4 7iv7 ,solar grade polysilicon4 7,b7 ,associated definitions 7i7 ,photovoltaic cell ,the term photovoltaic cell means the smallest semiconductor element of a solar module which performs the immediate conversion of light into electricity4 7ii7 ,photovoltaic wafer ,the term photovoltaic wafer means a thin slice1 sheet1 or layer of semiconductor material of at least #bdj square centimeters produced by a single manufacturer-- 7,i7 either-- 7aa7 directly from molten or evaporated solar grade polysilicon or deposition of solar grade thin film semiconductor photon absorber layer1 or 7bb7 through formation of an ingot from molten polysilicon and subsequent slicing1 and 7,,ii7 which comprises the substrate or absorber layer of one or more photovoltaic cells4 7iii7 ,solar grade polysilicon ,the term solar grade polysilicon means silicon which is-- 7,i7 suitable for use in photovoltaic manufacturing1 and 7,,ii7 purified to a minimum purity of #ii4iiiiii percent silicon by mass4 7iv7 ,solar module ,the term solar module means the connection and lamination of photovoltaic cells into an environmentally protected final assembly which is-- 7,i7 suitable to generate electricity when exposed to sunlight1 and 7,,ii7 ready for installation without an additional manufacturing process4 7#c7 ,wind energy component 7,a7 ,in general ,the term wind energy component means any of the following3 7i7 ,blades4 7ii7 ,nacelles4 7iii7 ,towers4 7iv7 ,offshore wind foundations4 7,b7 ,associated definitions 7i7 ,blade ,the term blade means an airfoil-shaped blade which is responsible for converting wind energy to low-speed rotational energy4 7ii7 ,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-- 7,i7 fixed platforms1 such as offshore wind monopiles1 jackets1 or gravity-based foundations1 or 7,,ii7 floating platforms and associated mooring systems4 7iii7 ,nacelle ,the term nacelle means the assembly of the drivetrain and other tower-top components of a wind turbine 7with the exception of the blades and the hub7 within their cover housing4 7iv7 ,tower ,the term tower means a tubular or lattice structure which supports the nacelle and rotor of a wind turbine4 7d7 ,special rules ,in this section-- 7#a7 ,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 #eb7;b74 7#b7 ,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-- 7,a7 the ,united ,states 7within the meaning of section #fch7a771 or 7,b7 a possession of the ,united ,states 7within the meaning of section #fch7b774 7#c7 ,pass-thru in the case of estates and trusts ,under regulations prescribed by the ,secretary1 rules similar to the rules of subsection 7d7 of section #eb shall apply4 7#d7 ,credit equal to #aj 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 7as defined in section #dab7;c77#d771 determined in a manner consistent with section #ggja7;a77#df71 for purposes of determining the amount of the credit under subsection 7a7 with respect to eligible components produced by such facility1 the applicable amount under subsection 7b7 of such subsection shall be increased by an amount equal to #aj percent of the amount otherwise in effect under such subsection4 7#e7 ,sale of integrated components ,for purposes of this section1 a person shall be treated as having sold an eligible component if such component is integrated1 incorporated1 or assembled into another eligible component which is sold to an unrelated person4 4 7b7 ,elective payment of credit ,section #fdag7;b71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#aa7 ,the credit for advanced manufacturing production under section #de;,,aa4 4 7c7 ,conforming amendments 7#a7 ,section #ch7;b7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in paragraph 7#cg71 by striking plus at the end1 7,b7 in paragraph 7#ch71 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#ci7 the advanced manufacturing production credit determined under section #de;,,aa7a74 4 7#b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new item3 ,sec4 #de;,,aa4 ,advanced manufacturing production credit4 4 7d7 ,effective date ,the amendments made by this section shall apply to components produced and sold after ,december #ca1 #bjba4 #f ,environmental ,justice #acffja4 ,qualified environmental justice program credit 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by inserting after section #cf;,f the following new section3 #cf;,g4 ,qualified environmental justice programs 7a7 ,allowance of credit ,in the case of an eligible educational institution1 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 program4 7b7 ,qualified environmental justice program ,for purposes of this section-- 7#a7 ,in general ,the term qualified environmental justice program means a program conducted by one or more eligible educational institutions that is designed to address1 or improve data about1 qualified environmental stressors for the primary purpose of improving1 or facilitating the improvement of1 health and economic outcomes of individuals residing in low-income areas or areas that experience1 or are at risk of experiencing1 multiple exposures to qualified environmental stressors4 7#b7 ,qualified environmental stressor ,the term qualified environmental stressor means1 with respect to an area1 a contamination of the air1 water1 soil1 or food with respect to such area or a change relative to historical norms of the weather conditions of such area1 including-- 7,a7 toxic pollutants 7such as lead1 pesticides1 or fine particulate matter7 in air1 soil1 food1 or water1 7,b7 high rates of asthma prevalence and incidence1 and 7,c7 such other adverse human health or environmental effects as are identified by the ,secretary4 7c7 ,eligible educational institution ,for purposes of this section1 the term eligible educational institution means an institution of higher education 7as such term is defined in section #aja or #ajb7;c7 of the ,higher ,education ,act of #aife7 that is eligible to participate in a program under title ,,iv of such ,act4 7d7 ,applicable percentage ,for purposes of this section1 the term applicable percentage means-- 7#a7 in the case of a program involving material participation of faculty and students of an institution described in section #cga7;a7 of the ,higher ,education ,act of #aife1 #cj percent1 and 7#b7 in all other cases1 #bj percent4 7e7 ,credit allocation 7#a7 ,allocation 7,a7 ,in general ,the ,secretary shall allocate credit dollar amounts under this section to eligible educational institutions1 for qualified environmental justice programs1 that-- 7i7 submit applications at such time and in such manner as the ,secretary may provide1 and 7ii7 are selected by the ,secretary under subparagraph 7,b74 7,b7 ,selection criteria ,the ,secretary shall select applications on the basis of the following criteria3 7i7 ,the extent of participation of faculty and students of an institution described in section #cga7;a7 of the ,higher ,education ,act of #aife4 7ii7 ,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 experience1 or are at risk of experiencing1 multiple exposures to qualified environmental stressors4 7iii7 ,the creation or significant expansion of qualified environmental justice programs4 7#b7 ,limitations 7,a7 ,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-- 7i7 the credit dollar amount allocated to such institution for such program under this subsection1 over 7ii7 the credits previously claimed by such institution for such program under this section4 7,b7 ,five-year limitation ,no amounts paid or incurred after the #e-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 7a7 with respect to such institution for such program4 7,c7 ,allocation limitation ,the total amount of credits that may be allocated under the program shall not exceed-- 7i7 #a1jjj1jjj1jjj for each of taxable years #bjbb through #bjca1 and 7ii7 #j for each subsequent year4 7,d7 ,carryover of unused limitation ,if the annual credit limitation for any calendar year exceeds the aggregate amount designated for such year under this subsection1 such limitation for the succeeding calendar year shall be increased by the amount of such excess4 ,no amount may be carried under the preceding sentence to any calendar year after #bjcf4 7f7 ,requirements 7#a7 ,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-- 7,a7 make publicly available the application submitted to the ,secretary under subsection 7e7 with respect to such project1 and 7,b7 submit an annual report to the ,secretary that describes the amounts paid or incurred for1 and expected impact of1 such project4 7#b7 ,failure to comply ,in the case of an eligible educations institution that has failed to comply with the requirements of this subsection1 the credit dollar amount allocated to such institution under this section is deemed to be #j4 7g7 ,public disclosure ,the ,secretary1 upon making an allocation of credit dollar amounts under this section1 shall publicly disclose-- 7#a7 the identity of the eligible educational institution receiving the allocation1 and 7#b7 the amount of such allocation4 4 7c7 ,conforming amendments 7#a7 ,section #fbaa7;b77#d77;,a71 as amended by the preceding provisions of this ,act1 is amended by inserting #cf;,g1 after #cf;,f14 7#b7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 as amended by the preceding provisions of this ,act1 is amended by inserting #cf;,g1 after #cf;,f14 7d7 ,clerical amendment ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by inserting after the item relating to section #cf;,f the following new item3 ,sec4 #cf;,g4 ,qualified environmental justice programs4 4 7e7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbb4 #g ,superfund #acfgja4 ,reinstatement of ,superfund 7a7 ,hazardous ,substance ,superfund financing rate 7#a7 ,extension ,section #dfaa7;e7 is amended to read as follows3 7e7 ,application of ,hazardous ,substance ,superfund financing rate ,the ,hazardous ,substance ,superfund financing rate under this section shall apply after ,june #cj1 #bjbb4 4 7#b7 ,adjustment for inflation 7,a7 ,section #dfaa7;c77#b77;,a7 is amended by striking #i4g cents and inserting #af4d cents4 7,b7 ,section #dfaa7;c7 is amended by adding at the end the following3 7#c7 ,adjustment for inflation 7,a7 ,in general ,in the case of a year beginning after #bjbb1 the amount in paragraph 7#b77;,a7 shall be increased by an amount equal to-- 7i7 such amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year1 determined by substituting calendar year #bjba for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding ,if any amount as adjusted under subparagraph 7,a7 is not a multiple of #j4ja1 such amount shall be rounded to the next lowest multiple of #j4ja4 4 7b7 ,authority for advances ,section #iejg7;d77#c77;,b7 is amended by striking ,december #ca1 #aiie and inserting ,december #ca1 #bjca4 7c7 ,effective date ,the amendments made by this section shall take effect on ,july #a1 #bjbb4 #h ,incentives for ,clean ,electricity and ,clean ,transportation #acfhja4 ,clean electricity production credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new section3 #de;,,bb4 ,clean electricity production credit 7a7 ,amount of credit 7#a7 ,in general ,for purposes of section #ch1 the clean electricity production credit for any taxable year is an amount equal to the product of-- 7,a7 the kilowatt hours of electricity-- 7i7 produced by the taxpayer at a qualified facility1 and 7ii7 7,i7 sold by the taxpayer to an unrelated person during the taxable year1 or 7,,ii7 in the case of a qualified facility which is equipped with a metering device which is owned and operated by an unrelated person1 sold1 consumed1 or stored by the taxpayer during the taxable year1 multiplied by 7,b7 the applicable amount with respect to such qualified facility4 7#b7 ,applicable amount 7,a7 ,base amount ,subject to subsection 7g77#g71 in the case of any qualified facility which is not described in clause 7i7 of subparagraph 7,b7 and does not satisfy the requirements described in clause 7ii7 of such subparagraph1 the applicable amount shall be #j4c cents4 7,b7 ,alternative amount ,subject to subsection 7g77#g71 in the case of any qualified facility-- 7i7 with a maximum net output of less than #a megawatt1 or 7ii7 which-- 7,i7 satisfies the requirements under paragraph 7#i7 of subsection 7g71 and 7,,ii7 with respect to the construction of such facility1 satisfies the requirements under paragraph 7#aj7 of subsection 7g71 the applicable amount shall be #a4e cents4 7b7 ,qualified facility 7#a7 ,in general 7,a7 ,definition ,subject to subparagraphs 7,b71 7,c71 and 7,d71 the term qualified facility means a facility owned by the taxpayer-- 7i7 which is used for the generation of electricity1 7ii7 the construction of which begins after ,december #ca1 #bjbf1 and 7iii7 for which the greenhouse gas emissions rate 7as determined under paragraph 7#b77 is not greater than zero4 7,b7 #aj-year production credit ,for purposes of this section1 a facility shall only be treated as a qualified facility during the #aj-year period beginning on the date the facility was originally placed in service4 7,c7 ,expansion of facility2 incremental production ,the term qualified facility shall include either of the following in connection with a facility described in subparagraph 7,a7 7without regard to clause 7ii7 of such subparagraph7 the construction of which begins before ,january #a1 #bjbg1 but only to the extent of the increased amount of electricity produced at the facility by reason of the following3 7i7 ,a new unit the construction of which begins after ,december #ca1 #bjbf4 7ii7 ,any additions of capacity the construction of which begins after ,december #ca1 #bjbf4 7,d7 ,coordination with other credits ,the term qualified facility shall not include any facility for which a credit determined under section #de1 #de;,j1 #de,q1 #dh1 #dh;,a1 or #dh;,f is allowed under section #ch for the taxable year or any prior taxable year4 7#b7 ,greenhouse gas emissions rate 7,a7 ,in general ,for purposes of this section1 the term greenhouse gas emissions rate means the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity1 expressed as grams of ,,co#b;e per ,k,wh4 7,b7 ,fuel combustion and gasification ,in the case of a facility which produces electricity through combustion or gasification1 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 7taking into account lifecycle greenhouse gas emissions1 as described in section #baa7o77#a77;,h7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,h777 in the production of electricity1 expressed as grams of ,,co#b;e per ,k,wh4 7,c7 ,establishment of emissions rates for facilities 7i7 ,publishing emissions rates ,the ,secretary shall annually publish a table that sets forth the greenhouse gas emissions rates for types or categories of facilities1 which a taxpayer shall use for purposes of this section4 7ii7 ,provisional emissions rate ,in the case of any facility for which an emissions rate has not been established by the ,secretary1 a taxpayer which owns such facility may file a petition with the ,secretary for determination of the emissions rate with respect to such facility4 7,d7 ,carbon capture and sequestration equipment ,for purposes of this subsection1 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-- 7i7 pursuant to any regulations established under paragraph 7#b7 of section #de,q7f71 disposed of by the taxpayer in secure geological storage1 or 7ii7 utilized by the taxpayer in a manner described in paragraph 7#e7 of such section4 7c7 ,inflation adjustment 7#a7 ,in general ,in the case of a calendar year beginning after #bjba1 the #j4c cent amount in paragraph 7#b77;,a7 of subsection 7a7 and the #a4e cent amount in paragraph 7#b77;,b7 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 occurs4 ,if the #j4c cent amount as increased under this paragraph is not a multiple of #j4je cent1 such amount shall be rounded to the nearest multiple of #j4je cent4 ,if the #a4e cent amount as increased under this paragraph is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent4 7#b7 ,annual computation ,the ,secretary shall1 not later than ,april #a of each calendar year1 determine and publish in the ,federal ,register the inflation adjustment factor for such calendar year in accordance with this subsection4 7#c7 ,inflation adjustment factor ,the term inflation adjustment factor means1 with respect to a calendar year1 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 #aiib4 ,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 #ae of the calendar year4 7d7 ,credit phase-,out 7#a7 ,in general ,the amount of the clean electricity production credit under subsection 7a7 for any qualified facility the construction of which begins during a calendar year described in paragraph 7#b7 shall be equal to the product of-- 7,a7 the amount of the credit determined under subsection 7a7 without regard to this subsection1 multiplied by 7,b7 the phase-out percentage under paragraph 7#b74 7#b7 ,phase-out percentage ,the phase-out percentage under this paragraph is equal to-- 7,a7 for a facility the construction of which begins during the first calendar year following the applicable year1 #ajj percent1 7,b7 for a facility the construction of which begins during the second calendar year following the applicable year1 #ge percent1 7,c7 for a facility the construction of which begins during the third calendar year following the applicable year1 #ej percent1 and 7,d7 for a facility the construction of which begins during any calendar year subsequent to the calendar year described in subparagraph 7,c71 #j percent4 7#c7 ,applicable year ,for purposes of this subsection1 the term applicable year means the later of-- 7,a7 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 #be percent of the annual greenhouse gas emissions from the production of electricity in the ,united ,states for calendar year #bjba1 or 7,b7 #bjca4 7e7 ,definitions ,for purposes of this section3 7#a7 ,,co#b;e per ,k,wh ,the term ,,co#b;e per ,k,wh means1 with respect to any greenhouse gas1 the equivalent carbon dioxide 7as determined based on global warming potential7 per kilowatt hour of electricity produced4 7#b7 ,greenhouse gas ,the term greenhouse gas has the same meaning given such term under section #baa7o77#a77;,g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,g771 as in effect on the date of the enactment of this section4 7#c7 ,qualified carbon dioxide ,the term qualified carbon dioxide means carbon dioxide captured from an industrial source which-- 7,a7 would otherwise be released into the atmosphere as industrial emission of greenhouse gas1 7,b7 is measured at the source of capture and verified at the point of disposal or utilization1 and 7,c7 is captured and disposed or utilized within the ,united ,states 7within the meaning of section #fch7a77 or a possession of the ,united ,states 7within the meaning of section #fch7b774 7f7 ,guidance ,not later than ,january #a1 #bjbg1 the ,secretary shall issue guidance regarding implementation of this section1 including calculation of greenhouse gas emission rates for qualified facilities and determination of clean electricity production credits under this section4 7g7 ,special rules 7#a7 ,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-- 7,a7 the ,united ,states 7within the meaning of section #fch7a771 or 7,b7 a possession of the ,united ,states 7within the meaning of section #fch7b774 7#b7 ,combined heat and power system property 7,a7 ,in general ,for purposes of subsection 7a7-- 7i7 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 facility1 and 7ii7 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 facility4 7,b7 ,combined heat and power system property ,for purposes of this paragraph1 the term combined heat and power system property has the same meaning given such term by section #dh7;c77#c7 7without regard to subparagraphs 7,a77iv71 7,b71 and 7,d7 thereof74 7,c7 ,conversion from ,,btu to ,k,wh 7i7 ,in general ,for purposes of subparagraph 7,a77i71 the amount of kilowatt hours of electricity produced in the form of useful thermal energy shall be equal to the quotient of-- 7,i7 the total useful thermal energy produced by the combined heat and power system property within the qualified facility1 divided by 7,,ii7 the heat rate for such facility4 7ii7 ,heat rate ,for purposes of this subparagraph1 the term heat rate means the amount of energy used by the qualified facility to generate #a kilowatt hour of electricity1 expressed as ,british thermal units per net kilowatt hour generated4 7#c7 ,production attributable to the taxpayer ,in the case of a qualified facility in which more than #a person has an ownership interest1 except to the extent provided in regulations prescribed by the ,secretary1 production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility4 7#d7 ,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 #eb7;b74 ,in the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return1 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 group4 7#e7 ,pass-thru in the case of estates and trusts ,under regulations prescribed by the ,secretary1 rules similar to the rules of subsection 7d7 of section #eb shall apply4 7#f7 ,allocation of credit to patrons of agricultural cooperative 7,a7 ,election to allocate 7i7 ,in general ,in the case of an eligible cooperative organization1 any portion of the credit determined under subsection 7a7 for the taxable year may1 at the election of the organization1 be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year4 7ii7 ,form and effect of election ,an election under clause 7i7 for any taxable year shall be made on a timely filed return for such year4 ,such election1 once made1 shall be irrevocable for such taxable year4 ,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 #achb7;d74 7,b7 ,treatment of organizations and patrons ,the amount of the credit apportioned to any patrons under subparagraph 7,a7-- 7i7 shall not be included in the amount determined under subsection 7a7 with respect to the organization for the taxable year1 and 7ii7 shall be included in the amount determined under subsection 7a7 for the first taxable year of each patron ending on or after the last day of the payment period 7as defined in section #achb7;d77 for the taxable year of the organization or1 if earlier1 for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment4 7,c7 ,special rules for decrease in credits for taxable year ,if the amount of the credit of a cooperative organization determined under subsection 7a7 for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year1 an amount equal to the excess of-- 7i7 such reduction1 over 7ii7 the amount not apportioned to such patrons under subparagraph 7,a7 for the taxable year1 shall be treated as an increase in tax imposed by this chapter on the organization4 ,such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter4 7,d7 ,eligible cooperative defined ,for purposes of this section1 the term eligible cooperative means a cooperative organization described in section #acha7;a7 which is owned more than #ej percent by agricultural producers or by entities owned by agricultural producers4 ,for this purpose an entity owned by an agricultural producer is one that is more than #ej percent owned by agricultural producers4 7#g7 ,increase in credit in certain cases 7,a7 ,energy communities ,in the case of any qualified facility which is located in an energy community 7as defined in section #de7;b77#aa77;,b771 for purposes of determining the amount of the credit under subsection 7a7 with respect to any electricity produced by the taxpayer at such facility during the taxable year1 the applicable amount under paragraph 7#b7 of such subsection shall be increased by an amount equal to #aj percent of the amount otherwise in effect under such paragraph 7without application of subparagraph 7,b774 7,b7 ,domestic content ,rules similar to the rules of section #de7;b77#i7 shall apply4 7#h7 ,credit reduced for tax-exempt bonds ,rules similar to the rules of section #de7;b77#c7 shall apply4 7#i7 ,wage requirements ,rules similar to the rules of section #de7;b77#g77;,a7 and clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply4 7#aj7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#aa7 ,domestic content requirement for elective payment ,rules similar to the rules of section #de7;b77#aj7 shall apply4 4 7b7 ,elective payment of credit ,section #fdag7;b71 as amended by preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#ab7 ,the clean electricity production credit determined under section #de;,,bb7a74 4 7c7 ,election ,section #fdag7;c77#c71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new subparagraph3 7,d7 ,clean electricity production credit ,in the case of the credit described in subsection 7b77#aj71 any election under this subsection shall-- 7i7 apply separately with respect to each qualified facility1 7ii7 be made for the taxable year in which the facility is placed in service1 and 7iii7 shall apply to such taxable year and all subsequent taxable years with respect to such facility4 4 7d7 ,conforming amendments 7#a7 ,section #ch7;b7 is amended-- 7,a7 in paragraph 7#ch71 by striking plus at the end1 7,b7 in paragraph 7#ci71 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#dj7 the clean electricity production credit determined under section #de;,,bb7a74 4 7#b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new item3 ,sec4 #de;,,bb4 ,clean electricity production credit4 4 7e7 ,effective date ,the amendments made by this section shall apply to facilities placed in service after ,december #ca1 #bjbb4 #acfhjb4 ,clean electricity investment credit 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #dh;,e the following new section3 #dh;,f4 ,clean electricity investment credit 7a7 ,investment credit for qualified property 7#a7 ,in general ,for purposes of section #df1 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-- 7,a7 any qualified facility1 and 7,b7 any grid improvement property4 7#b7 ,applicable percentage 7,a7 ,qualified facilities ,subject to paragraph 7#c7-- 7i7 ,base rate ,in the case of any qualified facility which is not described in subclause 7,i7 of clause 7ii7 and does not satisfy the requirements described in subclause 7,,ii7 of such clause1 the applicable percentage shall be #f percent4 7ii7 ,alternative rate ,in the case of any qualified facility-- 7,i7 with a maximum net output of less than #a megawatt1 or 7,,ii7 which-- 7aa7 satisfies the requirements of subsection 7d77#c71 and 7bb7 with respect to the construction of such facility1 satisfies the requirements of subsection 7d77#d71 the applicable percentage shall be #cj percent4 7,b7 ,grid improvement property ,subject to paragraph 7#c7-- 7i7 ,base rate ,in the case of any grid improvement property which is not described in subclause 7,i7 of clause 7ii7 and does not satisfy the requirements described in subclause 7,,ii7 of such clause1 the applicable percentage shall be #f percent4 7ii7 ,alternative rate ,in the case of any grid improvement property-- 7,i7 which is energy storage property with a capacity of less than #a megawatt1 or 7,,ii7 which-- 7aa7 satisfies the requirements of subsection 7d77#c71 and 7bb7 with respect to the construction of such property1 satisfies rules similar to the rules of section #de7;b77#h71 the applicable percentage shall be #cj percent4 7#c7 ,increase in credit rate in certain cases 7,a7 ,energy communities 7i7 ,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 7as defined in section #de7;b77#aa77;,b771 for purposes applying paragraph 7#b7 with respect to such property or investment1 the applicable percentage shall be increased by the applicable credit rate increase4 7ii7 ,applicable credit rate increase ,for purposes of clause 7i71 the applicable credit rate increase shall be an amount equal to-- 7,i7 in the case of any qualified investment with respect to a qualified facility described in paragraph 7#b77;,a77i7 or with respect to grid improvement property described in paragraph 7#b77;,b77i71 #b percentage points1 and 7,,ii7 in the case of any qualified investment with respect to a qualified facility described in paragraph 7#b77;,a77ii7 or with respect to grid improvement property described in paragraph 7#b77;,b77ii71 #aj percentage points4 7,b7 ,domestic content ,rules similar to the rules of section #dh7;a77#ab7 shall apply4 7b7 ,qualified investment with respect to a qualified facility 7#a7 ,in general ,for purposes of subsection 7a71 the qualified investment with respect to any qualified facility for any taxable year is the sum of-- 7,a7 the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified facility1 plus 7,b7 the amount of any expenditures which are-- 7i7 paid or incurred by the taxpayer for qualified interconnection property-- 7,i7 in connection with a qualified facility which has a maximum net output of not greater than #e megawatts1 and 7,,ii7 placed in service during the taxable year of the taxpayer1 and 7ii7 properly chargeable to capital account of the taxpayer4 7#b7 ,qualified property ,the term qualified property means property-- 7,a7 which is-- 7i7 tangible personal property1 or 7ii7 other tangible property 7not including a building or its structural components71 but only if such property is used as an integral part of the qualified facility1 7,b7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable1 and 7,c7 7i7 the construction1 reconstruction1 or erection of which is completed by the taxpayer1 or 7ii7 which is acquired by the taxpayer if the original use of such property commences with the taxpayer4 7#c7 ,qualified facility 7,a7 ,in general ,for purposes of this section1 the term qualified facility means a facility-- 7i7 which is used for the generation of electricity1 7ii7 the construction of which begins after ,december #ca1 #bjbf1 and 7iii7 for which the anticipated greenhouse gas emissions rate 7as determined under subparagraph 7,b77ii77 is not greater than zero4 7,b7 ,additional rules 7i7 ,expansion of facility2 incremental production ,rules similar to the rules of section #de;,,bb7b77#a77;,c7 shall apply for purposes of this paragraph4 7ii7 ,greenhouse gas emissions rate ,rules similar to the rules of section #de;,,bb7b77#b7 shall apply for purposes of this paragraph4 7,c7 ,exclusion ,the term qualified facility shall not include any facility for which-- 7i7 a renewable electricity production credit determined under section #de1 7ii7 an advanced nuclear power facility production credit determined under section #de;,j1 7iii7 a carbon oxide sequestration credit determined under section #de,q1 7iv7 a clean electricity production credit determined under section #de;,,bb1 7v7 an energy credit determined under section #dh1 7vi7 a qualifying advanced coal project credit under section #dh;,a1 or 7vii7 a qualifying electric transmission property credit under section #dh;,d1 is allowed under section #ch for the taxable year or any prior taxable year4 7#d7 ,qualified interconnection property ,for purposes of this paragraph1 the term qualified interconnection property has the meaning given such term in section #dh7;a77#h77;,b74 7#e7 ,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 7as defined in section #dg7;c77#b774 7#f7 ,definitions ,for purposes of this subsection1 the terms ,,co#b;e per ,k,wh and greenhouse gas emissions rate have the same meaning given such terms under section #de;,,bb7b74 7c7 ,qualified investment with respect to grid improvement property 7#a7 ,in general 7,a7 ,qualified investment ,for purposes of subsection 7a71 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 year4 7,b7 ,grid improvement property ,for purposes of this section1 the term grid improvement property means any energy storage property4 7#b7 ,energy storage property ,for purposes of this section1 the term energy storage property has the meaning given such term in section #dh7;c77#f74 7d7 ,special rules 7#a7 ,certain progress expenditure rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of subsection 7a74 7#b7 ,special rule for property financed by subsidized energy financing or private activity bonds ,rules similar to the rules of section #de7;b77#c7 shall apply4 7#c7 ,prevailing wage requirements ,rules similar to the rules of section #dh7;a77#aj7 shall apply4 7#d7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 7#e7 ,domestic content requirement for elective payment ,rules similar to the rules of section #de7;b77#aj7 shall apply4 7e7 ,credit phase-,out 7#a7 ,in general ,the amount of the clean electricity investment credit under subsection 7a7 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 7#b7 shall be equal to the product of-- 7,a7 the amount of the credit determined under subsection 7a7 without regard to this subsection1 multiplied by 7,b7 the phase-out percentage under paragraph 7#b74 7#b7 ,phase-out percentage ,the phase-out percentage under this paragraph is equal to-- 7,a7 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 year1 #ajj percent1 7,b7 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 year1 #ge percent1 7,c7 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 year1 #ej percent1 and 7,d7 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 7,c71 #j percent4 7#c7 ,applicable year ,for purposes of this subsection1 the term applicable year has the same meaning given such term in section #de;,,bb7d77#c74 7f7 ,greenhouse gas ,in this section1 the term greenhouse gas has the same meaning given such term under section #de;,,bb7e77#b74 7g7 ,recapture of credit ,for purposes of section #ej1 if the ,secretary determines that the greenhouse gas emissions rate for a qualified facility is greater than #aj grams of ,,co#b;e per ,k,wh1 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 made4 7h7 ,guidance ,not later than ,january #a1 #bjbg1 the ,secretary shall issue guidance regarding implementation of this section4 4 7b7 ,elective payment of credit ,section #fdag7;b71 as amended by preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#ac7 ,the clean electricity investment credit determined under section #dh;,f4 4 7c7 ,conforming amendments 7#a7 ,section #df is amended-- 7,a7 by striking and at the end of paragraph 7#e71 7,b7 by striking the period at the end of paragraph 7#f7 and inserting 1 and1 and 7,c7 by adding at the end the following new paragraph3 7#g7 the clean electricity investment credit4 4 7#b7 ,section #di7;a77#a77;,c7 is amended-- 7,a7 by striking and at the end of clause 7iv71 7,b7 by striking the period at the end of clause 7v7 and inserting a comma1 and 7,c7 by adding at the end the following new clauses3 7vi7 the basis of any qualified property which is part of a qualified facility under section #dh;,f1 and 7vii7 the basis of any energy storage property under section #dh;,f4 4 7#c7 ,section #ej7;a77#b77;,e7 is amended by striking or #dh;,e7c77#a7 and inserting #dh;,e7c77#a71 or #dh;,f7e74 7#d7 ,section #ej7;c77#c7 is amended by inserting or clean electricity investment credit after ,in the case of any energy credit4 7#e7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a is amended by inserting after the item relating to section #dh;,e the following new item3 #dh;,f4 ,clean electricity investment credit4 4 7d7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbf1 and1 for any property the construction of which begins prior to ,january #a1 #bjbg1 only to the extent of the basis thereof attributable to the construction1 reconstruction1 or erection after ,december #ca1 #bjbf4 #acfhjc4 ,increase in clean electricity investment credit for facilities placed in service in connection with low-income communities 7a7 ,in general ,section #dh;,f1 as added by this ,act1 is amended by adding at the end the following new subsection3 7i7 ,special rules for certain facilities placed in service in connection with low-income communities 7#a7 ,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 7#d7-- 7,a7 the applicable percentage otherwise determined under subsection 7a77#b7 with respect to any eligible property which is part of such facility shall be increased by-- 7i7 in the case of a facility described in subclause 7,i7 of paragraph 7#b77;,a77iii7 and not described in subclause 7,,ii7 of such paragraph1 #aj percentage points1 and 7ii7 in the case of a facility described in subclause 7,,ii7 of paragraph 7#b77;,a77iii71 #bj percentage points1 and 7,b7 the increase in the credit determined under subsection 7a7 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 7determined without regard to this subparagraph7 as-- 7i7 the environmental justice capacity limitation allocated to such facility1 bears to 7ii7 the total megawatt nameplate capacity of such facility1 as measured in direct current4 7#b7 ,qualified facility ,for purposes of this subsection-- 7,a7 ,in general ,the term qualified facility means any facility-- 7i7 which is described in subsection 7b77#c77;,a7 and not described in section #de;,,bb7b77#b77;,b71 7ii7 which has a maximum net output of less than #e megawatts1 and 7iii7 which-- 7,i7 is located in a low-income community 7as defined in section #de;,d7e77 or on ,indian land 7as defined in section #bfja7b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja7b7771 or 7,,ii7 is part of a qualified low-income residential building project or a qualified low-income economic benefit project4 7,b7 ,qualified low-income residential building project ,a facility shall be treated as part of a qualified low-income residential building project if-- 7i7 such facility is installed on a residential rental building which participates in a covered housing program 7as defined in section #dadaa7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdia7;a77#c771 a ,housing ,development ,fund ,corporation cooperative under ,article ,,xi of the ,new ,york ,state ,private ,housing ,finance ,law1 a housing assistance program administered by the ,department of ,agriculture under title ,v of the ,housing ,act of #aidi1 a housing program administered by a tribally designated housing entity 7as defined in section #d7bb7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7bb777 or such other affordable housing programs as the ,secretary may provide1 and 7ii7 the financial benefits of the electricity produced by such facility are allocated equitably among the occupants of the dwelling units of such building4 7,c7 ,qualified low-income economic benefit project ,a facility shall be treated as part of a qualified low-income economic benefit project if at least #ej percent of the financial benefits of the electricity produced by such facility are provided to households with income of-- 7i7 less than #bjj percent of the poverty line applicable to a family of the size involved1 or 7ii7 less than #hj percent of area median gross income 7as determined under section #adb7;d77#b77;,b774 7,d7 ,financial benefit ,for purposes of subparagraphs 7,b7 and 7,c71 electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit4 7#c7 ,eligible property ,for purposes of this section1 the term eligible property means a qualified investment with respect to any qualified facility which is described in subsection 7b74 7#d7 ,allocations 7,a7 ,in general ,not later than ,january #a1 #bjbg1 the ,secretary shall establish a program to allocate amounts of environmental justice capacity limitation to qualified facilities4 7,b7 ,limitation ,the amount of environmental justice capacity limitation allocated by the ,secretary under subparagraph 7,a7 during any calendar year shall not exceed the annual capacity limitation with respect to such year4 7,c7 ,annual capacity limitation ,for purposes of this paragraph1 the term annual capacity limitation means #a4h gigawatts of direct current capacity for each of calendar years #bjbg through #bjca1 and zero thereafter4 7,d7 ,carryover of unused limitation 7i7 ,in general ,if the annual capacity limitation for any calendar year exceeds the aggregate amount allocated for such year under this paragraph1 such limitation for the succeeding calendar year shall be increased by the amount of such excess4 ,no amount may be carried under the preceding sentence to any calendar year after #bjcc4 7ii7 ,carryover from section #dh for calendar year #bjbg ,if the annual capacity limitation for calendar year #bjbf under section #dh7;e77#d77;,d7 exceeds the aggregate amount allocated for such year under section #dh7;e77#d77;,d71 such excess amount may be carried over and applied to the annual capacity limitation under this subsection for calendar year #bjbg4 ,such limitation shall be increased by the amount of such excess4 7,e7 ,placed in service deadline 7i7 ,in general ,paragraph 7#a7 shall not apply with respect to any property which is placed in service after the date that is #d years after the date of the allocation with respect to the facility of which such property is a part4 7ii7 ,application of carryover ,any amount of environmental justice capacity limitation which expires under clause 7i7 during any calendar year shall be taken into account as an excess described in subparagraph 7,d7 7or as an increase in such excess7 for such calendar year1 subject to the limitation imposed by the last sentence of such subparagraph4 7,f7 ,selection criteria ,in determining to which qualified facilities to allocate environmental justice capacity limitation under this paragraph1 the ,secretary shall take into consideration which facilities will result in-- 7i7 the greatest health and economic benefits1 including the ability to withstand extreme weather events1 for individuals described in section #de;,d7e77#b71 7ii7 the greatest employment and wages for such individuals1 and 7iii7 the greatest engagement with1 outreach to1 or ownership by1 such individuals1 including through partnerships with local governments1 community-based organizations1 an ,indian tribal government 7as defined in section #dh7;e77#d77;,f77ii771 or any ,alaska ,native ,corporation 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7m774 7,g7 ,disclosure of allocations ,the ,secretary shall1 upon making an allocation of environmental justice capacity limitation under this paragraph1 publicly disclose the identity of the applicant1 the amount of the environmental justice capacity limitation allocated to such applicant1 and the location of the facility for which such allocation is made4 7#e7 ,recapture ,the ,secretary shall1 by regulations or other guidance1 provide for recapturing the benefit of any increase in the credit allowed under subsection 7a7 by reason of this subsection with respect to any property which ceases to be property eligible for such increase 7but which does not cease to be investment credit property within the meaning of section #ej7;a774 ,the period and percentage of such recapture shall be determined under rules similar to the rules of section #ej7;a74 ,to the extent provided by the ,secretary1 such recapture may not apply with respect to any property if1 within #ab months after the date the taxpayer becomes aware 7or reasonably should have become aware7 of such property ceasing to be property eligible for such increase1 the eligibility of such property for such increase is restored4 ,the preceding sentence shall not apply more than once with respect to any facility4 4 7b7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbg4 #acfhjd4 ,cost recovery for qualified facilities1 qualified property1 and grid improvement property 7a7 ,in general ,section #afh7;e77#c77;,b7 is amended-- 7#a7 in clause 7vi77,,iii71 by striking and at the end1 7#b7 in clause 7vii71 by striking the period at the end and inserting 1 and1 and 7#c7 by inserting after clause 7vii7 the following3 7viii7 any qualified facility 7as defined in section #de;,,bb7b77#a77;,a771 any qualified property 7as defined in subsection 7b77#b7 of section #dh;,f7 which is a qualified investment 7as defined in subsection 7b77#a7 of such section71 or any grid improvement property 7as defined in subsection 7c77#a77;,b7 of such section74 4 7b7 ,effective date ,the amendments made by this section shall apply to facilities and property placed in service after ,december #ca1 #bjbf4 #acfhje4 ,clean fuel production credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new section3 #de;,,cc4 ,clean fuel production credit 7a7 ,amount of credit 7#a7 ,in general ,for purposes of section #ch1 the clean fuel production credit for any taxable year is an amount equal to the product of-- 7,a7 the applicable amount per gallon 7or gallon equivalent7 with respect to any transportation fuel which is-- 7i7 produced by the taxpayer at a qualified facility1 and 7ii7 sold by the taxpayer in a manner described in paragraph 7#d7 during the taxable year1 and 7,b7 the emissions factor for such fuel 7as determined under subsection 7b774 7#b7 ,applicable amount 7,a7 ,base amount ,in the case of any transportation fuel produced at a qualified facility which does not satisfy the requirements described in subparagraph 7,b71 the applicable amount shall be #bj cents4 7,b7 ,alternative amount ,in the case of any transportation fuel produced at a qualified facility which satisfies the requirements under paragraphs 7#f7 and 7#g7 of subsection 7g71 the applicable amount shall be #a4jj4 7#c7 ,special rate for sustainable aviation fuel 7,a7 ,in general ,in the case of a transportation fuel which is sustainable aviation fuel1 paragraph 7#b7 shall be applied-- 7i7 in the case of a transportation fuel produced at a qualified facility described in paragraph 7#b77;,a71 by substituting #ce cents for #bj cents1 and 7ii7 in the case of a transportation fuel produced at a qualified facility described in paragraph 7#b77;,b71 by substituting #a4ge for #a4jj4 7,b7 ,sustainable aviation fuel ,for purposes of this subparagraph 7,a71 the term sustainable aviation fuel means liquid fuel which is sold for use in an aircraft and which-- 7i7 meets the requirements of-- 7,i7 ,,astm ,international ,standard ,d#geff1 or 7,,ii7 the ,fischer ,tropsch provisions of ,,astm ,international ,standard ,d#afee1 ,annex ,a#a1 and 7ii7 is not derived from palm fatty acid distillates or petroleum4 7#d7 ,sale ,for purposes of paragraph 7#a71 the transportation fuel is sold in a manner described in this paragraph if such fuel is sold by the taxpayer to an unrelated person-- 7,a7 for use by such person in the production of a fuel mixture1 7,b7 for use by such person in a trade or business1 or 7,c7 who sells such fuel at retail to another person and places such fuel in the fuel tank of such other person4 7#e7 ,rounding ,if any amount determined under paragraph 7#a7 is not a multiple of #j4a cent1 such amount shall be rounded to the nearest multiple of #j4a cent4 7b7 ,emissions factors 7#a7 ,emissions factor 7,a7 ,calculation 7i7 ,in general ,the emissions factor of a transportation fuel shall be an amount equal to the quotient of-- 7,i7 an amount equal to-- 7aa7 #ej kilograms of ,,co#b;e per mm,b,t,u1 minus 7bb7 the emissions rate for such fuel1 divided by 7,,ii7 #ej kilograms of ,,co#b;e per mm,b,t,u4 7,b7 ,establishment of emissions rate 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 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 7as described in section #baa7o77#a77;,h7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,h771 as in effect on the date of the enactment of this section7 for such fuels1 expressed as kilograms of ,,co#b;e per mm,b,t,u1 which a taxpayer shall use for purposes of this section4 7ii7 ,non-aviation fuel ,in the case of any transportation fuel which is not a sustainable aviation fuel1 the lifecycle greenhouse gas emissions of such fuel shall be based on the most recent determinations under the ,greenhouse gases1 ,regulated ,emissions1 and ,energy use in ,transportation model developed by ,argonne ,national ,laboratory1 or a successor model 7as determined by the ,secretary74 7iii7 ,aviation fuel ,in the case of any transportation fuel which is a sustainable aviation fuel1 the lifecycle greenhouse gas emissions of such fuel shall be determined in accordance with-- 7,i7 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 ,states1 or 7,,ii7 any similar methodology which satisfies the criteria under section #baa7o77#a77;,h7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,h774 7,c7 ,rounding of emissions rate ,the ,secretary may round the emissions rates under subparagraph 7,b7 to the nearest multiple of #e kilograms of ,,co#b;e per mm,b,t,u1 except that1 in the case of an emissions rate that is less than #b4e kilograms of ,,co#b;e per mm,b,t,u1 the ,secretary may round such rate to zero4 7,d7 ,provisional emissions rate ,in the case of any transportation fuel for which an emissions rate has not been established under subparagraph 7,b71 a taxpayer producing such fuel may file a petition with the ,secretary for determination of the emissions rate with respect to such fuel4 7#b7 ,rounding ,if any amount determined under paragraph 7#a77;,a7 is not a multiple of #j4a1 such amount shall be rounded to the nearest multiple of #j4a4 7c7 ,inflation adjustment 7#a7 ,in general ,in the case of calendar years beginning after #bjbf1 the #bj cent amount in subsection 7a77#b77;,a71 the #a4jj amount in subsection 7a77#b77;,b71 the #ce cent amount in subsection 7a77#c77;,a77i71 and the #a4ge amount in subsection 7a77#c77;,a77ii7 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 occurs4 ,if any amount as increased under the preceding sentence is not a multiple of #a cent1 such amount shall be rounded to the nearest multiple of #a cent4 7#b7 ,inflation adjustment factor ,for purposes of paragraph 7#a71 the inflation adjustment factor shall be the inflation adjustment factor determined and published by the ,secretary pursuant to section #de;,,bb7c71 determined by substituting calendar year #bjba for calendar year #aiib in paragraph 7#c7 thereof4 7d7 ,credit phase-,out 7#a7 ,in general ,the amount of the clean fuel production credit under subsection 7a7 for any transportation fuel sold during a taxable year described in paragraph 7#b7 shall be equal to the product of-- 7,a7 the amount of the credit determined under subsection 7a7 without regard to this subsection1 multiplied by 7,b7 the phase-out percentage under paragraph 7#b74 7#b7 ,phase-out percentage ,the phase-out percentage under this paragraph is equal to-- 7,a7 for any taxable year beginning in the first calendar year following the applicable year1 #ajj percent1 7,b7 for any taxable year beginning in the second calendar year following the applicable year1 #ge percent1 7,c7 for any taxable year beginning in the third calendar year following the applicable year1 #ej percent1 and 7,d7 for any taxable year beginning in any calendar year subsequent to the calendar year described in subparagraph 7,c71 #j percent4 7#c7 ,applicable year ,for purposes of this subsection1 the term applicable year means the later of-- 7,a7 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 #be percent of the greenhouse gas emissions from the transportation of persons and goods in the ,united ,states during calendar year #bjba1 or 7,b7 #bjca4 7e7 ,definitions ,in this section3 7#a7 mm,b,t,u ,the term mm,b,t,u means #a1jjj1jjj ,british thermal units4 7#b7 ,,co#b;e ,the term ,,co#b;e means1 with respect to any greenhouse gas1 the equivalent carbon dioxide 7as determined based on relative global warming potential74 7#c7 ,greenhouse gas ,the term greenhouse gas has the same meaning given that term under section #baa7o77#a77;,g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,g771 as in effect on the date of the enactment of this section4 7#d7 ,qualified facility ,the term qualified facility-- 7,a7 means a facility used for the production of transportation fuels1 and 7,b7 does not include any facility for which one of the following credits is allowed under section #ch for the taxable year3 7i7 ,the credit for production of clean hydrogen under section #de,x4 7ii7 ,the credit for clean hydrogen production facilities under section #dh7;a77#af74 7iii7 ,the credit for carbon oxide sequestration under section #de,q4 7#e7 ,transportation fuel ,the term transportation fuel means a fuel which-- 7,a7 is suitable for use as a fuel in a highway vehicle or aircraft1 7,b7 has an emissions rate which is not greater than-- 7i7 in the case of a fuel which is not a sustainable aviation fuel-- 7,i7 for any such fuel sold during calendar years #bjbg through #bjcj1 #ej kilograms of ,,co#b;e per mm,b,t,u1 and 7,,ii7 for any such fuel sold during any calendar year beginning after ,december #ca1 #bjcj1 #be kilograms of ,,co#b;e per mm,b,t,u1 or 7ii7 in the case of a fuel which is a sustainable aviation fuel-- 7,i7 for any such fuel sold during any period before ,january #a1 #bjca1 #ce kilograms of ,,co#b;e per mm,b,t,u1 and 7,,ii7 for any such fuel sold during any period after ,december #ca1 #bjcj1 #be kilograms of ,,co#b;e per mm,b,t,u1 7,c7 is not hydrogen fuel1 and 7,d7 in the case of fuel which is not aviation fuel1 is not derived from coprocessing biomass with a feedstock which is not biomass4 ,for purposes of this paragraph1 the term biomass has the meaning given such term in section #de,k7c77#c74 7f7 ,guidance ,not later than ,january #a1 #bjbg1 the ,secretary shall issue guidance regarding implementation of this section1 including calculation of emissions factors for transportation fuel1 the table described in subsection 7b77#a77;,b77i71 and the determination of clean fuel production credits under this section4 7g7 ,special rules 7#a7 ,only registered production in the ,united ,states taken into account 7,a7 ,in general ,no clean fuel production credit shall be determined under subsection 7a7 with respect to any transportation fuel unless-- 7i7 the taxpayer is registered as a producer of clean fuel under section #daja at the time of production1 and 7ii7 such fuel is produced in the ,united ,states4 7,b7 ,united ,states ,for purposes of this paragraph1 the term ,united ,states includes any possession of the ,united ,states4 7#b7 ,production attributable to the taxpayer ,in the case of a facility in which more than #a person has an ownership interest1 except to the extent provided in regulations prescribed by the ,secretary1 production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility4 7#c7 ,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 #eb7;b74 ,in the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return1 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 group4 7#d7 ,pass-thru in the case of estates and trusts ,under regulations prescribed by the ,secretary1 rules similar to the rules of subsection 7d7 of section #eb shall apply4 7#e7 ,allocation of credit to patrons of agricultural cooperative 7,a7 ,election to allocate 7i7 ,in general ,in the case of an eligible cooperative organization1 any portion of the credit determined under subsection 7a7 for the taxable year may1 at the election of the organization1 be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year4 7ii7 ,form and effect of election ,an election under clause 7i7 for any taxable year shall be made on a timely filed return for such year4 ,such election1 once made1 shall be irrevocable for such taxable year4 ,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 #achb7;d74 7,b7 ,treatment of organizations and patrons ,the amount of the credit apportioned to any patrons under subparagraph 7,a7-- 7i7 shall not be included in the amount determined under subsection 7a7 with respect to the organization for the taxable year1 and 7ii7 shall be included in the amount determined under subsection 7a7 for the first taxable year of each patron ending on or after the last day of the payment period 7as defined in section #achb7;d77 for the taxable year of the organization or1 if earlier1 for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment4 7,c7 ,special rules for decrease in credits for taxable year ,if the amount of the credit of a cooperative organization determined under subsection 7a7 for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year1 an amount equal to the excess of-- 7i7 such reduction1 over 7ii7 the amount not apportioned to such patrons under subparagraph 7,a7 for the taxable year1 shall be treated as an increase in tax imposed by this chapter on the organization4 ,such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter4 7,d7 ,eligible cooperative defined ,for purposes of this section the term eligible cooperative means a cooperative organization described in section #acha7;a7 which is owned more than #ej percent by agricultural producers or by entities owned by agricultural producers4 ,for this purpose an entity owned by an agricultural producer is one that is more than #ej percent owned by agricultural producers4 7#f7 ,prevailing wage requirements 7,a7 ,in general ,subject to subparagraph 7,b71 rules similar to the rules of section #de7;b77#g77;,a7 and clauses 7i7 through 7iv7 of section #de7;b77#g77;,b7 shall apply4 7,b7 ,special rule for facilities placed in service before ,january #a1 #bjbg ,in the case of any qualified facility placed in service before ,january #a1 #bjbg-- 7i7 the rules of clause 7i7 of section #de7;b77#g77;,a7 shall not apply1 and 7ii7 clause 7ii7 of such section shall be applied by substituting for any period of the taxable year beginning after ,december #ca1 #bjbf for which the credit is claimed under this section with respect to production of transportation fuel1 the alteration or repair of such facility for for the period of the taxable year which is within the #aj-year period beginning on the date the facility was originally placed in service1 the alteration or repair of such facility4 7#g7 ,apprenticeship requirements ,rules similar to the rules of section #de7;b77#h7 shall apply4 4 7b7 ,elective payment of credit ,section #fdag7;b71 as amended by preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#ad7 ,the clean fuel production credit determined under section #de;,,cc7a74 4 7c7 ,conforming amendments 7#a7 ,section #ch7;b71 as amended by section #aja1 is amended-- 7,a7 in paragraph 7#ci71 by striking plus at the end1 7,b7 in paragraph 7#dj71 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#da7 the clean fuel production credit determined under section #de;,,cc7a74 4 7#b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by section #aja1 is amended by adding at the end the following new item3 ,sec4 #de;,,cc4 ,clean fuel production credit4 4 7#c7 ,section #daja7;a77#a7 is amended by inserting every person producing a fuel eligible for the clean fuel production credit 7pursuant to section #de;,,cc71 after section #fdbf7;b77#d77;,a7714 7d7 ,effective date ,the amendments made by this section shall apply to transportation fuel produced after ,december #ca1 #bjbf4 #i ,appropriations #acfija4 ,appropriations ,immediately upon the enactment of this ,act1 in addition to amounts otherwise available1 there are appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #d1jgc1dcc1jjj to remain available until ,september #cj1 #bjca1 for necessary expenses for the ,internal ,revenue ,service to carry out this subtitle 7and the amendments made by this subtitle71 which shall supplement and not supplant any other appropriations that may be available for this purpose4 ,g ,social ,safety ,net #acgjja4 ,amendment of #aihf ,code ,except as otherwise expressly provided1 whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 #a ,child tax credit #acgaja4 ,modifications applicable beginning in #bjba 7a7 ,safe harbor exception for fraud and intentional disregard of rules and regulations ,section #bd7;j77#b77;,b7 is amended-- 7#a7 by striking qualified each place it appears in clause 7iv77,,ii7 and inserting qualifying1 and 7#b7 by adding at the end the following new clause3 7v7 ,exception for fraud and intentional disregard of rules and regulations 7,i7 ,in general ,for purposes of determining the safe harbor amount under clause 7iv7 with respect to any taxpayer1 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 taxpayer4 7,,ii7 ,arrangements to take individual into account more than once ,for purposes of subclause 7,i71 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 with1 or expected1 another taxpayer to take such individual into account in determining the credit allowed under this section for the taxable year4 4 7b7 ,rules relating to reconciliation of credit and advance credit ,section #bd7;j7 is amended by adding at the end the following new paragraphs3 7#c7 ,joint returns ,except as otherwise provided by the ,secretary1 in the case of an advance payment made under section #gebg;,a with respect to a joint return1 half of such payment shall be treated as having been made to each individual filing such return4 7#d7 ,coordination with possessions of the ,united ,states ,for purposes of this subsection1 payments made under section #gebg;,a include payments made by any jurisdiction other than the ,united ,states under section #gebg;,a of the income tax law of such jurisdiction1 and advance payments made by ,american ,samoa pursuant to a plan described in subsection 7k77#c77;,b74 ,in carrying out this section1 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 subsection4 4 7c7 ,annual advance amount ,section #gebg;,a7b7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by inserting or based on any other information known to the ,secretary after reference taxable year1 7,b7 in subparagraph 7,c71 by inserting unless determined by the ,secretary based on any information known to the ,secretary1 before the only children1 and 7,c7 in subparagraph 7,d71 by inserting unless determined by the ,secretary based on any information known to the ,secretary1 before the ages of1 and 7#b7 in paragraph 7#c77;,a77ii71 by striking provided by the taxpayer and inserting provided1 or known14 7d7 ,disclosure of information relating to joint filers and advance payment of child tax credit ,section #fajc7;e7 is amended by adding at the end the following new paragraph3 7#ab7 ,disclosure of information relating to joint filers and advance payment of child tax credit ,in the case of an individual to whom the ,secretary makes payments under section #gebg;,a1 if the reference taxable year 7as defined in section #gebg;,a7b77#b77 that the ,secretary uses to calculate such payments is a year for which the individual filed an income tax return jointly with another individual1 the ,secretary may disclose to such individual any return information of such other individual which is relevant in determining the payment under section #gebg;,a and the individual's eligibility for such payment1 including information regarding any of the following3 7,a7 ,the number of specified children1 including by reason of the birth of a child4 7,b7 ,the name and ,,tin of specified children4 7,c7 ,marital status4 7,d7 ,modified adjusted gross income4 7,e7 ,principal place of abode4 7,f7 ,any other factor which the ,secretary may provide pursuant to section #gebg;,a7c74 4 7e7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to taxable years beginning1 and payments made1 after ,december #ca1 #bjbj4 7#b7 ,disclosure of information relating to joint filers and advance payment of child tax credit ,the amendment made by subsection 7d7 shall take effect on the date of the enactment of this ,act4 #acgajb4 ,extensions and modifications applicable beginning in #bjbb 7a7 ,extensions 7#a7 ,extension of child tax credit ,section #bd7;i7 is amended-- 7,a7 by striking ,january #a1 #bjbb in the matter preceding paragraph 7#a7 and inserting ,january #a1 #bjbc1 and 7,b7 by inserting and #bjbb after #bjba in the heading thereof4 7#b7 ,extension of provisions related to possessions of the ,united ,states 7,a7 ,section #bd7k77#b77;,b7 is amended-- 7i7 by striking ,december #ca1 #bjba in the matter preceding clause 7i7 and inserting ,december #ca1 #bjbb1 and 7ii7 by striking after #bjba in the heading thereof and inserting after #bjbb4 7,b7 ,section #bd7k77#c77;,c77ii7 is amended-- 7i7 in subclause 7,i71 by inserting or #bjbb after #bjba1 and 7ii7 in subclause 7,,ii71 by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbb4 7,c7 ,the heading of section #bd7k77#b77;,a7 is amended by inserting and #bjbb after #bjba4 7b7 ,extension and modification of advance payment 7#a7 ,in general ,section #gebg;,a is amended-- 7,a7 in subsection 7b77#a71 by striking #ej percent of1 7,b7 in clauses 7i7 and 7ii7 of subsection 7e77#d77;,c71 by inserting or #bjbb after in #bjba1 and 7,c7 in subsection 7f71 by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbb4 7#b7 ,monthly payments 7,a7 ,in general ,section #gebg;,a7a7 is amended to read as follows3 7a7 ,in general ,the ,secretary shall establish a program for making monthly payments to taxpayers in amounts equal to #a_/ab of the annual advance amount with respect to such taxpayer4 4 7,b7 ,modifications during calendar year ,section #gebg;,a7b77#c71 as amended by the preceding provisions of this ,act1 is amended-- 7i7 by amending subparagraph 7,a77ii7 to read as follows3 7ii7 any other information provided1 or known1 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 #a by reason of section #bd7;i77#a7 with respect to the taxpayer for the reference taxable year4 1 and 7ii7 in subparagraph 7,b71 by striking periodic payment both places it appears and inserting monthly payment4 7,c7 ,conforming amendment ,section #gebg;,a7c77#b7 is amended by striking subsection 7b77#c77;,b7 and inserting subsection 7b77#c74 7#c7 ,eligibility for advance payments limited based on modified adjusted gross income ,section #gebg;,a7b7 is amended by adding at the end the following new paragraph3 7#f7 ,limitation based on modified adjusted gross income 7,a7 ,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 7as defined in section #bd7;i77#d77;,b771 the annual advance amount with respect to such taxpayer shall be zero4 7,b7 ,exception for modifications made during the calendar year ,subparagraph 7,a7 shall not apply to a reference taxable year taken into account by reason of paragraph 7#c77;,a77i7 or subsection 7c7 if the taxpayer received one or more payments under subsection 7a7 for months in the calendar year which precede the month for which such reference taxable year will be taken into account4 4 7#d7 ,advance payments to ,puerto ,rico residents for #bjbb ,section #gebg;,a7e77#d7 is amended-- 7,a7 in subparagraph 7,a71 by striking ,the advance and inserting ,except as provided in subparagraph 7,d71 the advance1 and 7,b7 by adding at the end the following new subparagraph3 7,d7 ,advance payments to ,puerto ,rico residents for #bjbb ,for the period beginning on ,july #a1 #bjbb1 and ending on ,december #ca1 #bjbb1 the ,secretary may apply this section without regard to subparagraph 7,a77i74 4 7c7 ,election to apply income phaseout on basis of income from the preceding taxable year ,section #bd7;i7 is amended by adding at the end the following new paragraph3 7#e7 ,election to apply income phaseout on basis of income from the preceding taxable year ,in the case of a taxpayer who elects 7at such time and in such manner as the ,secretary may provide7 the application of this paragraph for any taxable year1 paragraph 7#d7 and subsection 7b77#a7 shall both be applied with respect to the modified adjusted gross income 7as defined in subsection 7b77 for the taxpayer's preceding taxable year4 4 7d7 ,modification of recapture safe harbor for #bjbb ,section #bd7;j77#b77;,b77iv71 as amended by the preceding provisions of this ,act1 is amended to read as follows3 7iv7 ,safe harbor amount ,for purposes of this subparagraph1 the term safe harbor amount means1 with respect to any taxpayer for any taxable year1 the sum of-- 7,i7 an amount equal to the product of #c1fjj multiplied by the excess 7if any7 of the number of qualifying children who have not attained age #f as of the close of the calendar year in which the taxable year of the taxpayer begins1 and who are taken into account in determining the annual advance amount with respect to the taxpayer under section #gebg;,a with respect to months beginning in such taxable year1 over the number of such qualifying children taken into account in determining the credit allowed under this section for such taxable year1 plus 7,,ii7 an amount equal to the product of #c1jjj multiplied by the excess 7if any7 of the number of qualifying children not described in clause 7,i71 and who are taken into account in determining the annual advance amount with respect to the taxpayer under section #gebg;,a with respect to months beginning in such taxable year1 over the number of such qualifying children taken into account in determining the credit allowed under this section for such taxable year4 4 7e7 ,repeal of social security number requirement 7#a7 ,in general ,section #bd7;h7 is amended by striking paragraph 7#g74 7#b7 ,conforming amendments 7,a7 ,section #bd7;h77#a7 is amended by striking paragraphs 7#b7 through 7#g7 and inserting paragraphs 7#b7 through 7#f74 7,b7 ,section #bd7;h77#d7 is amended by striking subparagraph 7,c74 7f7 ,effective date ,the amendments made by this section shall apply to taxable years beginning1 and payments made1 after ,december #ca1 #bjba4 #acgajc4 ,refundable child tax credit after #bjbb 7a7 ,in general ,section #bd is amended by adding at the end the following new subsection3 7l7 ,refundable credit after #bjbb ,in the case of any taxable year beginning after ,december #ca1 #bjbb1 if the taxpayer 7in the case of a joint return1 either spouse7 has a principal place of abode in the ,united ,states 7determined as provided in section #cb7 for more than one-half of the taxable year or is a bona fide resident of ,puerto ,rico 7within the meaning of section #icg7;a77 for such taxable year-- 7#a7 subsection 7d7 shall not apply1 and 7#b7 so much of the credit determined under subsection 7a7 7after application of paragraph 7#a77 as does not exceed the amount of such credit which would be so determined without regard to subsection 7h77#d7 shall be allowed under subpart ,c 7and not allowed under this subpart7 4 7b7 ,conforming amendments related to possessions of the ,united ,states 7#a7 ,puerto ,rico ,section #bd7k77#b77;,b71 as amended by the preceding provisions of this ,act1 is amended to read as follows3 7,b7 ,application to taxable years after #bjbb ,for application of refundable credit to residents of ,puerto ,rico for taxable years after #bjbb1 see subsection 7l74 4 7#b7 ,american ,samoa ,section #bd7k77#c77;,c77ii77,,ii71 as amended by the preceding provisions of this ,act1 is amended to read as follows3 7,,ii7 if such taxable year begins after ,december #ca1 #bjbb1 subsection 7l7 shall be applied by substituting ,puerto ,rico or ,american ,samoa for ,puerto ,rico4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 #acgajd4 ,appropriations ,immediately upon the enactment of this ,act1 in addition to amounts otherwise available1 there are appropriated out of any money in the ,treasury not otherwise appropriated3 7#a7 #c1ifc1cjj1jjj to remain available until ,september #cj1 #bjbf1 for necessary expenses for the ,internal ,revenue ,service to administer the ,child ,tax ,credit1 and advance payments of the ,child ,tax ,credit1 including the costs of disbursing such payments1 which shall supplement and not supplant any other appropriations that may be available for this purpose1 and 7#b7 #a1jjj1jjj1jjj is appropriated to the ,department of the ,treasury1 to remain available until ,september #cj1 #bjbf1 to support efforts to increase enrollment of eligible families in the ,child ,tax ,credit1 for advance payments of the ,child ,tax ,credit1 and for other tax benefits1 including but not limited to program outreach1 costs of data sharing arrangements1 systems changes1 forms changes1 and related efforts1 and efforts to support the cross-enrollment of beneficiaries of other programs in the ,child ,tax ,credit1 and for advance payments of the ,child ,tax ,credit1 including by establishing intergovernmental cooperative agreements with states and local governments1 the ,district of ,columbia1 tribal governments1 and possessions of the ,united ,states3 ,provided1 that such amount shall be available in addition to any amounts otherwise available3 ,provided further1 that these funds may be awarded by federal agencies to state and local governments1 the ,district of ,columbia1 tribal governments1 and possessions of the ,united ,states1 and private entities1 including organizations dedicated to free tax return preparation and low income taxpayer clinics funded under section #gebf of the ,internal ,revenue ,code of #aihf4 #b ,earned ,income ,tax ,credit #acgbja4 ,certain improvements to the earned income tax credit extended through #bjbb 7a7 ,in general ,section #cb7n7 is amended by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbc4 7b7 ,inflation adjustment ,section #cb7n77#d77;,b7 is amended to read as follows3 7,b7 ,inflation adjustment ,in the case of any taxable year beginning after #bjba1 the #i1hbj and #aa1faj dollar amounts in subparagraph 7,a7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjbj for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 4 7c7 ,election to determine earned income based on prior taxable year ,section #cb1 as amended by subsection 7f71 is amended by adding at the end the following new subsection3 7o7 ,election to determine earned income based on prior taxable year 7#a7 ,in general ,in the case of a taxpayer whose earned income for any taxable year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbc1 is less than the earned income of such taxpayer for the preceding taxable year1 if such taxpayer elects 7at such time and in such manner as the ,secretary may provide7 the application of this subsection for such taxable year1 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 year4 7#b7 ,joint returns ,for purposes of this subsection1 in the case of a joint return1 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 year4 7#c7 ,treatment as mathematical or clerical error ,in the case of a taxpayer described in paragraph 7#a7 who makes the election described in such paragraph1 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 #fbac4 7#d7 ,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 otherwise4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acgbjb4 ,funds for administration of earned income tax credits in the territories 7a7 ,puerto ,rico ,section #gecj7;a77#a7 is amended by striking plus at the end of subparagraph 7,a71 by striking the period at the end of subparagraph 7,b7 and inserting 1 plus1 and by adding at the end the following new subparagraph3 7,c7 reasonable administrative costs associated with the provision of the earned income tax credit not in excess of #d1jjj1jjj4 4 7b7 ,possessions with mirror code tax systems ,section #gecj7;b77#a7 is amended by striking plus at the end of subparagraph 7,a71 by striking the period at the end of subparagraph 7,b7 and inserting 1 plus1 and by adding at the end the following new subparagraph3 7,c7 reasonable administrative costs associated with the provision of the earned income tax credit not in excess of #bjj1jjj4 4 7c7 ,american ,samoa ,section #gecj7;c77#a7 is amended by striking plus at the end of subparagraph 7,a71 by striking the period at the end of subparagraph 7,b7 and inserting 1 plus1 and by adding at the end the following new subparagraph3 7,c7 reasonable administrative costs associated with the provision of the earned income tax credit not in excess of #bjj1jjj4 4 7d7 ,effective date ,the amendments made by this section shall apply to payments made for calendar years beginning after ,december #ca1 #bjba4 #c ,expanding ,access to ,health ,coverage and ,lowering ,costs #acgcja4 ,improve affordability and reduce premium costs of health insurance for consumers 7a7 ,in general ,section #cf;,b7b77#c77;,a77iii7 is amended-- 7#a7 by striking all that precedes the table contained therein and inserting the following3 7iii7 ,determining percentages for #bjba through #bjbf 7,i7 ,in general ,in the case of a taxable year beginning after ,december #ca1 #bjbj1 and before ,january #a1 #bjbf1 the following table shall be applied in lieu of the table contained in clause 7i73 1 and 7#b7 by adding at the end the following new subclause3 7,,ii7 ,indexing ,in the case of a taxable year beginning after ,december #ca1 #bjbj1 and before ,january #a1 #bjbg1 clause 7ii7 shall not apply for purposes of adjusting premium percentages under this subparagraph4 4 7b7 ,extension through #bjbe of rule to allow credit to taxpayers whose household income exceeds #djj percent of the poverty line ,section #cf;,b7c77#a77;,e7 is amended-- 7#a7 by striking in #bjba or #bjbb and inserting after ,december #ca1 #bjbj1 and before ,january #a1 #bjbf1 and 7#b7 by striking and #bjbb in the heading thereof and inserting through #bjbe4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acgcjb4 ,modification of employer-sponsored coverage affordability test in health insurance premium tax credit 7a7 ,in general ,section #cf;,b7c77#b77;,c77i77,,ii7 is amended by inserting 7#h4e percent in the case of any taxable year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbf7 after #i4e percent4 7b7 ,qualified small employer health reimbursement arrangements ,section #cf;,b7c77#d77;,c77ii7 is amended by inserting 7#h4e percent in the case of any taxable year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbf7 after #i4e percent4 7c7 ,percentages temporarily determined without regard to adjustments 7#a7 ,section #cf;,b7c77#b77;,c77iv7 is amended by adding at the end the following3 ,the preceding sentence shall not apply in the case of any plan year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbg44 7#b7 ,section #cf;,b7c77#d77;,f7 is amended by adding at the end the following3 ,the preceding sentence shall not apply in the case of any plan year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbg44 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acgcjc4 ,treatment of lump-sum social security benefits in determining household income 7a7 ,in general ,section #cf;,b7d77#b7 is amended by adding at the end the following new subparagraph3 7,c7 ,exclusion of portion of lump-sum social security benefits 7i7 ,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 year4 7ii7 ,lump-sum social security benefit payment ,for purposes of this subparagraph1 the term lump-sum social security benefit payment means any payment of social security benefits 7as defined in section #hf7;d77#a77 which constitutes more than #a month of such benefits4 7iii7 ,election to include excludable amount ,with respect to any taxable year beginning after ,december #ca1 #bjbe1 a taxpayer may elect 7at such time and in such manner as the ,secretary may provide7 to have this subparagraph not apply for such taxable year4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acgcjd4 ,temporary expansion of health insurance premium tax credits for certain low-income populations 7a7 ,in general ,section #cf;,b is amended by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following new subsection3 7h7 ,certain temporary rules beginning in #bjbb ,with respect to any taxable year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbf-- 7#a7 ,eligibility for credit not limited based on income ,section #cf;,b7c77#a77;,a7 shall be disregarded in determining whether a taxpayer is an applicable taxpayer4 7#b7 ,credit allowed to certain low-income employees offered employer-provided coverage ,subclause 7,,ii7 of subsection 7c77#b77;,c77i7 shall not apply if the taxpayer's household income does not exceed #ach percent of the poverty line for a family of the size involved4 ,subclause 7,,ii7 of subsection 7c77#b77;,c77i7 shall also not apply to an individual described in the last sentence of such subsection if the taxpayer's household income does not exceed #ach percent of the poverty line for a family of the size involved4 7#c7 ,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 7or any spouse or dependent of such employee7 for any months of a taxable year if the employee's household income for such taxable year does not exceed #ach percent of the poverty line for a family of the size involved4 7#d7 ,limitations on recapture 7,a7 ,in general ,in the case of a taxpayer whose household income is less than #bjj percent of the poverty line for the size of the family involved for the taxable year1 the amount of the increase under subsection 7f77#b77;,a7 shall in no event exceed #cjj 7one-half of such amount in the case of a taxpayer whose tax is determined under section #a7;c7 for the taxable year74 7,b7 ,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 7f71 if an ,exchange established under title ,i of the ,patient ,protection and ,affordable ,care ,act has determined that-- 7i7 such taxpayer is eligible for advance payments under section #adab of such ,act for any portion of such taxable year1 and 7ii7 such taxpayer's household income for such taxable year is projected to not exceed #ach percent of the poverty line for a family of the size involved1 subsection 7f77#b77;,a7 shall not apply to such taxpayer for such taxable year and such taxpayer shall not be required to file such return of tax4 7,c7 ,information provided by ,exchange ,the information required to be provided by an ,exchange to the ,secretary and to the taxpayer under subsection 7f77#c7 shall include such information as is necessary to determine whether such ,exchange has made the determinations described in clauses 7i7 and 7ii7 of subparagraph 7,b7 with respect to such taxpayer4 4 7b7 ,employer shared responsibility provision not applicable with respect to certain low-income taxpayers receiving premium assistance ,section #dihj;,h7c77#c7 is amended to read as follows3 7#c7 ,applicable premium tax credit and cost-sharing reduction 7,a7 ,in general ,the term applicable premium tax credit and cost-sharing reduction means-- 7i7 any premium tax credit allowed under section #cf;,b1 7ii7 any cost-sharing reduction under section #adjb of the ,patient ,protection and ,affordable ,care ,act1 and 7iii7 any advance payment of such credit or reduction under section #adab of such ,act4 7,b7 ,exception with respect to certain low-income taxpayers ,such term shall not include any premium tax credit1 cost-sharing reduction1 or advance payment otherwise described in subparagraph 7,a7 if such credit1 reduction1 or payment is allowed or paid for a taxable year of an employee 7beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbf7 with respect to which-- 7i7 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 #ach percent of the poverty line for a family of the size involved1 or 7ii7 such employee's household income for such taxable year does not exceed #ach percent of the poverty line for a family of the size involved4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acgcje4 ,special rule for individuals receiving unemployment compensation 7a7 ,extension ,section #cf;,b7g77#a7 is amended by striking during #bjba1 and inserting after ,december #ca1 #bjbj1 and before ,january #a1 #bjbc14 7b7 ,modification of income not taken into account ,section #cf;,b7g77#a77;,b7 is amended by striking #acc percent and inserting #aej percent 7#acc percent in the case of any week beginning during #bjba74 7c7 ,conforming amendment ,section #cf;,b7g7 by inserting through #bjbb after #bjba in the heading thereof4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acgcjf4 ,permanent credit for health insurance costs 7a7 ,in general ,subparagraph 7,b7 of section #ce7;b77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking 1 and before ,january #a1 #bjbb and inserting a period4 7b7 ,increase in credit percentage ,subsection 7a7 of section #ce of the ,internal ,revenue ,code of #aihf is amended by striking #gb4e percent and inserting #hj percent4 7c7 ,conforming amendments ,subsections 7b7 and 7e77#a7 of section #gebg of the ,internal ,revenue ,code of #aihf are each amended by striking #gb4e percent and inserting #hj percent4 7d7 ,effective date ,the amendments made by this section shall apply to coverage months beginning after ,december #ca1 #bjba4 #acgcjg4 ,exclusion of certain dependent income for purposes of premium tax credit 7a7 ,in general ,paragraph 7#b7 of section #cf;,b7d7 of the ,internal ,revenue ,code of #aihf1 as amended by this ,act1 is further amended by adding at the end the following new subparagraph3 7,d7 ,exception for certain dependent income 7i7 ,in general ,solely for purposes of determining the credit under this section and eligibility for cost sharing reductions under section #adjb of the ,patient ,protection and ,affordable ,care ,act1 and not for any other purpose 7including any determination of income for purposes of the programs established under titles ,,xix and ,,xxi of the ,social ,security ,act and section #acca of the ,patient ,protection and ,affordable ,care ,act71 there shall not be taken into account under subparagraph 7,a77ii7 the modified adjusted gross income of any dependent of the taxpayer who has not attained age #bd as of the last day of the calendar year in which the taxable year of the taxpayer begins4 7ii7 ,limitation ,clause 7i7 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 #c1ejj4 7iii7 ,election to have subparagraph not apply ,in the case of any taxable year beginning after ,december #ca1 #bjbe1 a taxpayer may elect 7at such time and in such manner as the ,secretary may provide7 to have this subparagraph not apply with respect to the income of any dependent of the taxpayer for such taxable year4 7iv7 ,adjustment for inflation ,in the case of any taxable year beginning after ,december #ca1 #bjbc1 the #c1ejj amount in clause 7ii7 shall be increased by an amount equal to-- 7,i7 such amount1 multiplied by 7,,ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjbb for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,if any increase determined under the preceding sentence is not a multiple of #ajj1 such increase shall be rounded to the next lowest multiple of #ajj4 7v7 ,termination ,this subparagraph shall not apply to taxable years beginning after ,december #ca1 #bjbf4 4 7b7 ,conforming amendments 7#a7 ,clause 7ii7 of section #cf;,b7d77#b77;,a7 of the ,internal ,revenue ,code of #aihf is amended by inserting 1 except as provided in subparagraph 7,d71 after individuals4 7#b7 ,paragraph 7#c7 of section #adaa7;b7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjha7 is amended by adding at the end the following new subparagraph3 7,d7 ,information regarding certain dependents ,in the case of taxable years beginning before ,january #a1 #bjbg1 information regarding whether section #cf;,b7d77#b77;,d7 will apply to any individuals taken into account as members of the household of the enrollee1 and the amount of income of each such individual for the taxable year described in subparagraph 7,a74 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 #acgcjh4 ,requirements with respect to cost-sharing for certain insulin products 7a7 ,in general ,subchapter ,b of chapter #ajj is amended by adding at the end the following new section3 #ihbf4 ,requirements with respect to cost-sharing for certain insulin products 7a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 a group health plan shall provide coverage of selected insulin products1 and with respect to such products1 shall not-- 7#a7 apply any deductible2 or 7#b7 impose any cost-sharing in excess of the lesser of1 per #cj-;day supply-- 7,a7 #ce2 or 7,b7 the amount equal to #be percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan1 including price concessions received by or on behalf of third-party entities providing services to the plan1 such as pharmacy benefit management services4 7b7 ,definitions ,in this section3 7#a7 ,selected insulin products ,the term selected insulin products means at least one of each dosage form 7such as vial1 pump1 or inhaler dosage forms7 of each different type 7such as rapid-acting1 short-acting1 intermediate-acting1 long-acting1 ultra long-acting1 and premixed7 of insulin 7as defined below71 when available1 as selected by the group health plan4 7#b7 ,insulin defined ,the term insulin means insulin that is licensed under subsection 7a7 or 7k7 of section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7 and continues to be marketed under such section1 including any insulin product that has been deemed to be licensed under section #cea7;a7 of such ,act pursuant to section #gjjb7;e77#d7 of the ,biologics ,price ,competition and ,innovation ,act of #bjji 7,public ,law #aaa-adh7 and continues to be marketed pursuant to such licensure4 7c7 ,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 provider1 or precludes a plan that has a network of providers from imposing higher cost-sharing than the levels specified in subsection 7a7 for selected insulin products described in this section that are delivered by an out-of-network provider4 7d7 ,rule of construction ,subsection 7a7 shall not be construed to require coverage of1 or prevent a group health plan from imposing cost-sharing other than the levels specified in subsection 7a7 on1 insulin products that are not selected insulin products1 to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under ,federal and applicable ,state law4 7e7 ,application of cost-sharing towards deductibles and out-of-pocket maximums ,any cost-sharing payments made pursuant to subsection 7a77#b7 shall be counted toward any deductible or out-of-pocket maximum that applies under the plan4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #ajj is amended by adding at the end the following new item3 ,sec4 #ihbf4 ,requirements with respect to cost-sharing for certain insulin products4 4 #acgcji4 ,oversight of pharmacy benefit manager services 7a7 ,in general ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by the preceding provisions of this ,act1 is further amended by adding at the end the following3 #ihbg4 ,oversight of pharmacy benefit manager services 7a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 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 manufacturer1 distributor1 wholesaler1 subcontractor1 rebate aggregator1 or any associated third party that limits the disclosure of information to plan sponsors in such a manner that prevents the plan1 or an entity or subsidiary providing pharmacy benefits management services on behalf of a plan1 from making the reports described in subsection 7b74 7b7 ,reports 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 not less frequently than once every #f months1 an entity providing pharmacy benefits management services on behalf of a group health plan shall submit to the plan sponsor 7as defined in section #c7af77;,b7 of the ,employee ,retirement ,income ,security ,act of #aigd7 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 format4 ,each such report shall include1 with respect to the applicable group health plan-- 7,a7 as applicable1 information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid1 or copayment cards applied1 that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan2 7,b7 a list of each drug covered by such plan or entity providing pharmacy benefit management services that was dispensed during the reporting period1 including1 with respect to each such drug during the reporting period-- 7i7 the brand name1 chemical entity1 and ,national ,drug ,code2 7ii7 the number of participants and beneficiaries for whom the drug was filled during the plan year1 the total number of prescription fills for the drug 7including original prescriptions and refills71 and the total number of dosage units of the drug dispensed across the plan year1 including whether the dispensing channel was by retail1 mail order1 or specialty pharmacy2 7iii7 the wholesale acquisition cost1 listed as cost per days supply and cost per pill1 or in the case of a drug in another form1 per dose2 7iv7 the total out-of-pocket spending by participants and beneficiaries on such drug1 including participant and beneficiary spending through copayments1 coinsurance1 and deductibles2 and 7v7 for any drug for which gross spending of the group health plan exceeded #aj1jjj during the reporting period-- 7,i7 a list of all other drugs in the same therapeutic category or class1 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 drug2 and 7,,ii7 the rationale for preferred formulary placement of such drug in that therapeutic category or class2 7,c7 a list of each therapeutic category or class of drugs that were dispensed under the health plan during the reporting period1 and1 with respect to each such therapeutic category or class of drugs1 during the reporting period-- 7i7 total gross spending by the plan1 before manufacturer rebates1 fees1 or other manufacturer remuneration2 7ii7 the number of participants and beneficiaries who filled a prescription for a drug in that category or class2 7iii7 if applicable to that category or class1 a description of the formulary tiers and utilization mechanisms 7such as prior authorization or step therapy7 employed for drugs in that category or class2 7iv7 the total out-of-pocket spending by participants and beneficiaries1 including participant and beneficiary spending through copayments1 coinsurance1 and deductibles2 and 7v7 for each therapeutic category or class under which #c or more drugs are included on the formulary of such plan-- 7,i7 the amount received1 or expected to be received1 from drug manufacturers in rebates1 fees1 alternative discounts1 or other remuneration-- 7aa7 to be paid by drug manufacturers for claims incurred during the reporting period2 or 7bb7 that is related to utilization of drugs1 in such therapeutic category or class2 7,,ii7 the total net spending1 after deducting rebates1 price concessions1 alternative discounts or other remuneration from drug manufacturers1 by the health plan on that category or class of drugs2 and 7,,iii7 the net price per course of treatment or single fill1 such as a #cj-;day supply or #ij-;day supply1 incurred by the health plan and its participants and beneficiaries1 after manufacturer rebates1 fees1 and other remuneration for drugs dispensed within such therapeutic category or class during the reporting period2 7,d7 total gross spending on prescription drugs by the plan during the reporting period1 before rebates and other manufacturer fees or remuneration2 7,e7 total amount received1 or expected to be received1 by the health plan in drug manufacturer rebates1 fees1 alternative discounts1 and all other remuneration received from the manufacturer or any third party1 other than the plan sponsor1 related to utilization of drug or drug spending under that health plan during the reporting period2 7,f7 the total net spending on prescription drugs by the health plan during the reporting period2 and 7,g7 amounts paid directly or indirectly in rebates1 fees1 or any other type of remuneration to brokers1 consultants1 advisors1 or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager4 7#b7 ,privacy requirements ,entities providing pharmacy benefits management services on behalf of a group health plan shall provide information under paragraph 7#a7 in a manner consistent with the privacy1 security1 and breach notification regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 and shall restrict the use and disclosure of such information according to such privacy regulations4 7#c7 ,disclosure and redisclosure 7,a7 ,limitation to business associates ,a group health plan receiving a report under paragraph 7#a7 may disclose such information only to business associates of such plan as defined in section #afj4ajc of title #de1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,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 7#a71 except that such entity may not restrict disclosure of such report to the ,department of ,health and ,human ,services1 the ,department of ,labor1 or the ,department of the ,treasury4 7,c7 ,limited form of report ,the ,secretary shall define through rulemaking a limited form of the report under paragraph 7#a7 required of plan sponsors who are drug manufacturers1 drug wholesalers1 or other direct participants in the drug supply chain1 in order to prevent anti-competitive behavior4 7#d7 ,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 #d reports submitted to a plan sponsor under paragraph 7#a7 with respect to such plan1 and other such reports as requested1 in accordance with the privacy requirements under paragraph 7#b7 and the disclosure and redisclosure standards under paragraph 7#c71 and such other information that the ,comptroller ,general determines necessary to carry out the study under section #cjfjf7;b7 of an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad4 7c7 ,enforcement 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,labor and the ,secretary of ,health and ,human ,services1 shall enforce this section4 7#b7 ,failure to provide timely information ,an entity providing pharmacy benefit management services that violates subsection 7a7 or fails to provide information required under subsection 7b71 or a drug manufacturer that fails to provide information under subsection 7b77#a77;,a7 in a timely manner1 shall be subject to a civil monetary penalty in the amount of #aj1jjj for each day during which such violation continues or such information is not disclosed or reported4 7#c7 ,false information ,an entity providing pharmacy benefit management services1 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 #ajj1jjj for each item of false information4 ,such civil money penalty shall be in addition to other penalties as may be prescribed by law4 7#d7 ,procedure ,the provisions of section #aabh;,a of the ,social ,security ,act1 other than subsection 7a7 and 7b7 and the first sentence of subsection 7c77#a7 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 #aabh;,a of the ,social ,security ,act4 7#e7 ,waivers ,the ,secretary may waive penalties under paragraph 7#b71 or extend the period of time for compliance with a requirement of this section1 for an entity in violation of this section that has made a good-faith effort to comply with this section4 7d7 ,rule of construction ,nothing in this section shall be construed to permit a group health plan or other entity to restrict disclosure to1 or otherwise limit the access of1 the ,department of the ,treasury to a report described in subsection 7b77#a7 or information related to compliance with subsection 7a7 by such plan or entity4 7e7 ,definition ,in this section1 the term wholesale acquisition cost has the meaning given such term in section #ahdg;,a7c77#f77;,b7 of the ,social ,security ,act4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by the preceding provisions of this ,act1 is further amended by adding at the end the following new item3 ,sec4 #ihbg4 ,oversight of pharmacy benefit manager services4 4 #d ,pathway to ,practice ,training ,programs #acgdja4 ,administrative funding of the ,rural and ,underserved ,pathway to ,practice ,training ,programs for ,post-,baccalaureate ,students1 ,medical ,students1 and ,medical ,residents ,in addition to amounts otherwise available1 there is appropriated to the ,secretary for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #f1jjj1jjj to remain available until ,september #cj1 #bjca1 in addition to amounts otherwise available1 to carry out the administration of the ,rural and ,underserved ,pathway to ,practice ,training ,program for ,post-,baccalaureate and ,medical ,students under section #ahii;,c of such ,act 7#db ,u4,s4,c4 #aciemmm7 and the ,rural and ,underserved ,pathway to ,practice ,training ,programs for ,medical ,residents under section #ahhf7;h77#d77;,h77vii7 of such ,act 7#db ,u4,s4,c4 #acieww7h77#d77;,h77vii774 ,amounts transferred under the preceding sentence shall remain available until expended4 #acgdjb4 ,establishing ,rural and ,underserved ,pathway to ,practice ,training ,programs for ,post-,baccalaureate ,students and ,medical ,students 7a7 ,program 7#a7 ,in general ,title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 is amended by adding at the end the following new section3 #ahii;,c4 ,rural and ,underserved ,pathway to ,practice ,training ,program for ,post-,baccalaureate and ,medical ,students 7a7 ,in general ,not later than ,october #a1 #bjbc1 the ,secretary shall1 subject to the succeeding provisions of this section1 carry out the ,rural and ,underserved ,pathway to ,practice ,training ,program for ,post-,baccalaureate and ,medical ,students 7in this section1 referred to as the ,program7 under which the ,secretary awards ,pathway to ,practice medical scholarship vouchers to qualifying students described in subsection 7b7 for the purpose of increasing the number of physicians practicing in rural and underserved communities4 7b7 ,qualifying student described ,for purposes of this section1 a qualifying student described in this subsection is an individual who-- 7#a7 attests he or she-- 7,a7 is or will be a first-generation student of a #d-year college1 graduate school1 or professional school2 7,b7 was a ,pell ,grant recipient2 or 7,c7 lived in a medically underserved area1 rural area1 or health professional shortage area for a period of #d or more years prior to attending an undergraduate program2 7#b7 has accepted enrollment in-- 7,a7 a post-baccalaureate program that is not more than #b years and intends to enroll in a qualifying medical school within #b years after completion of such program2 or 7,b7 a qualifying medical school2 7#c7 will practice medicine in a health professional shortage area1 medically underserved area1 public hospital1 rural area1 or as required under subsection 7d77#e72 and 7#d7 submits an application and a signed copy of the agreement described under subsection 7c74 7c7 ,applications 7#a7 ,in general ,to be eligible to receive a ,pathway to ,practice medical scholarship voucher under this section1 a qualifying student described in subsection 7b7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,information to be included ,as a part of the application described in paragraph 7#a71 the ,secretary shall include a notice of the items which are required to be agreed to under subsection 7d77#e7 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 ,students4 7d7 ,pathway to ,practice medical scholarship voucher details 7#a7 ,number ,on an annual basis1 the ,secretary shall award a ,pathway to ,practice medical scholarship voucher under the ,program to #a1jjj qualifying students described in subsection 7b74 7#b7 ,prioritization criteria ,in determining whether to award a ,pathway to ,practice medical scholarship voucher under the ,program to qualifying students described in subsection 7b71 the ,secretary shall prioritize applications from any such student who attests that he or she-- 7,a7 was a participant in the ,health ,resources and ,services ,administration ,health ,careers ,opportunity ,program1 ,centers of ,excellence ,program1 or an ,area ,health ,education ,center program2 7,b7 is a disadvantaged student 7as defined by the ,national ,health ,service ,corps of the ,health ,resources ,services ,administration of the ,department of ,health and ,human ,services72 or 7,c7 attended a historically black college or other minority serving institution 7as defined in section #ajfgq of title #bj1 ,united ,states ,code74 7#c7 ,duration ,each ,pathway to ,practice medical scholarship voucher awarded to a qualifying student pursuant to paragraph 7#a7 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 7as appropriate74 7#d7 ,amount ,subject to paragraph 7#e71 each ,pathway to ,practice medical scholarship voucher awarded under the ,program shall include amounts for-- 7,a7 tuition2 7,b7 academic fees 7as determined by the qualifying medical school72 7,c7 required textbooks and equipment2 7,d7 a monthly stipend equal to the amount provided for individuals under the health professions scholarship and financial assistance program for active service stipend monthly rate2 and 7,e7 any other educational expenses normally incurred by students at the post-baccalaureate program or qualifying medical school 7as appropriate74 7#e7 ,required agreement ,no amounts under paragraph 7#d7 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-- 7,a7 complete a post-baccalaureate program that is not more than #b years 7if applicable pursuant to the option under subsection 7b77#b77;,a772 7,b7 graduate from a qualifying medical school2 7,c7 complete a residency program in an approved residency training program 7as defined in section #ahhf7;h77#e77;,a772 7,d7 complete an initial residency period or the period of board eligibility2 7,e7 practice medicine for at least the number of years of the ,pathway to ,practice medical scholarship voucher awarded under paragraph 7#b7 after a residency program in a health professional shortage area1 a medically underserved area1 a public hospital1 or a rural area1 and during such period annually submit documentation with respect to whether the qualifying student practices medicine in such an area and where2 7,f7 for the purpose of determining compliance with subparagraph 7,e71 not later than #ahj days after the date on which qualifying student completes a residency program1 provide to the ,secretary information with respect to where the qualifying student is practicing medicine following the period described in such subparagraph2 7,g7 except in the case of a waiver for hardship pursuant to section #ahib7;f77#c71 be liable to the ,united ,states pursuant to section #ahib for any amounts received under this ,program that is determined a past-due obligation under subsection 7b77#c7 of such section in the case qualifying student fails to complete all of the requirements of this agreement under this subsection2 and 7,h7 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 7b77#b77;,a7 for the costs of each item specified under paragraph 7#d71 consent to any personally identifying information being shared with the ,secretary of the ,treasury4 7#f7 ,responsibilities of participating educational institutions ,each annual award of an amount of ,pathway to ,practice medical scholarship voucher under paragraph 7#b7 shall be made with respect to a specific qualifying medical school or to a post-baccalaureate program that is not more than #b years and such school or program shall 7as a condition of1 and prior to1 such award being made with respect to such school or program7-- 7,a7 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 7#d7 7except for subparagraph 7,d77 with respect to such school or program1 and 7,b7 enter into an agreement with the ,secretary under which such school or program will verify 7in such manner as the ,secretary may provide7 that amounts paid by such school or program to the qualifying student are used for such costs4 7e7 ,definitions ,in this section3 7#a7 ,health professional shortage area ,the team health professional shortage area has the meaning given such term in subparagraphs 7,a7 or 7,b7 of section #ccb7;a77#a7 of the ,public ,health ,service ,act4 7#b7 ,initial residency period ,the term initial residency period has the meaning given such term in section #ahhf7;h77#e77;,f74 7#c7 ,medically underserved area ,the term medically underserved area means an area designated pursuant to section #ccj7;b77#c77;,a7 of the ,public ,health ,service ,act4 7#d7 ,pell ,grant recipient ,the term ,pell ,grant recipient has the meaning given such term in section #cbb7c7 of the ,higher ,education ,act of #aife4 7#e7 ,period of board eligibility ,the term period of board eligibility has the meaning given such term in section #ahhf7;h77#e77;,g74 7#f7 ,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 7or approved by such ,committee as meeting the standards necessary for such accreditation7 or a school of osteopathy accredited by the ,american ,osteopathic ,association1 or approved by such ,association as meeting the standards necessary for such accreditation which-- 7,a7 for each academic year1 enrolls at least #aj qualifying students who are in enrolled in such a school2 7,b7 requires qualifying students to enroll in didactic coursework and clinical experience applicable to practicing medicine in health professional shortage areas1 medically underserved areas1 or rural areas1 including-- 7i7 clinical rotations in such areas in applicable specialties 7as applicable and as available72 7ii7 coursework or training experiences focused on medical issues prevalent in such areas and cultural or structural competency2 and 7,c7 is located in a ,state 7as defined in section #baj7;h774 7#g7 ,rural area ,the term rural area has the meaning given such term in section #ahhf7;d77#b77;,d74 7f7 ,penalty for false information ,any person who knowingly and willfully obtains by fraud1 false statement1 or forgery1 or fails to refund any funds1 assets1 or property provided under this section or attempts to so obtain by fraud1 false statement or forgery1 or fail to refund any funds1 assets1 or property1 received pursuant to this section shall be fined not more than #bj1jjj or imprisoned for not more than #e years1 or both4 4 7#b7 ,agreements ,section #ahib of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;ccc7 is amended-- 7,a7 in subsection 7a77#a77;,a7-- 7i7 by striking 1 or the and inserting 1 the2 and 7ii7 by inserting or the ,rural and ,underserved ,pathway to ,practice ,training ,program for ,post- ,baccalaureate and ,medical ,students under section #ahii;,c before 1 owes a past-due obligation2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking at the end or2 7ii7 in paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding the end the following new paragraph3 7#c7 subject to subsection 7f71 owed by an individual to the ,united ,states by breach of an agreement under section #ahii;,c7c7 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 7and accrued interest determined in accordance with subsection 7f77#d77 in the case such individual fails to complete the requirements of such agreement4 2 and 7,c7 by adding at the end the following new subsection3 7f7 ,authorities with respect to the collection under the ,pathway to ,practice ,training ,program ,the ,secretary-- 7#a7 shall require payment to the ,united ,states for any amount of damages that the ,united ,states is entitled to recover under subsection 7b77#c71 within the #e-year period beginning on the date an eligible individual fails to complete the requirements of such agreement under section #ahii;,c7d77#e7 7or such longer period beginning on such date as specified by the ,secretary71 and any such amounts not paid within such period shall be subject to collection through deductions in ,medicare payments pursuant to subsection 7e72 7#b7 shall allow payments described in paragraph 7#a7 to be paid in installments over such #e-year period1 which shall accrue interest in an amount determined pursuant to paragraph 7#e72 7#c7 shall waive the requirement for an individual to pay a past-due obligation under subsection 7b77#c7 in the case of hardship 7as determined by the ,secretary72 7#d7 shall not disclose any past-due obligation under subsection 7b77#c7 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 section2 and 7#e7 shall make a final determination of whether the amount of payment under section #ahii;,c made to a qualifying student 7as described in subsection 7b7 of such section7 was in excess of or less than the amount of payment that is due1 and payment of such excess or deficit is not made 7or effected by offset7 within #ij days of the date of the determination1 and interest shall accrue on the balance of such excess or deficit not paid or offset 7to the extent that the balance is owed by or owing to the provider7 at a rate determined in accordance with the regulations of the ,secretary of the ,treasury applicable to charges for late payments4 4 #acgdjc4 ,funding for the rural and underserved pathway to practice training programs for post-baccalaureate students and medical students 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf1 as amended by the preceding provisions of this ,act1 is amended by inserting after section #cf;,f the following new section3 #cf;,g4 ,pathway to ,practice medical scholarship voucher credit 7a7 ,in general ,in the case of a qualified educational institution1 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 institution4 7b7 ,determination of amounts paid pursuant to qualified scholarship vouchers1 etc ,for purposes of this section-- 7#a7 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 reimbursement1 or anticipation of1 an expense described in subparagraphs 7,a7 through 7,e7 of paragraph 7#d7 of section #ahii;,c7d7 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 7#f7 of such section1 and 7#b7 in the case of any amount credited by a qualified educational institution against a liability owed by the qualifying student to such institution1 such amount shall be treated as paid by such institution to such student as of the date that such liability would otherwise be due4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,qualified educational institution ,the term qualified educational institution means1 with respect to any annual award of a ,pathway to ,practice medical scholarship voucher-- 7,a7 any qualifying medical school 7as defined in subsection 7e77#f7 of section #ahii;,c of the ,social ,security ,act71 and 7,b7 any provider of a post-baccalaureate program referred to in subsection 7b77#b77;,a7 of such section1 which meets the requirements of subsection 7d77#f7 of such section4 7#b7 ,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 #ahii;,c of the ,social ,security ,act4 7#c7 ,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 #ahii;,c7d77#c7 of the ,social ,security ,act4 7d7 ,coordination of academic and taxable years ,the credit allowed under subsection 7a7 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 7,a7 through 7,e7 of section #ahii;,c7d77#d7 of the ,social ,security ,act1 reduced by any amount of such voucher with respect to which credit was allowed under this section for any prior taxable year4 7e7 ,regulations ,the ,secretary shall issue such regulations or other guidance as are necessary or appropriate to carry out the purposes of this section4 4 7b7 ,conforming amendments 7#a7 ,section #fbaa7;b77#d77;,a71 as amended by the preceding provisions of this ,act1 is amended by inserting #cf;,g1 after #cf;,f14 7#b7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 as amended by the preceding provisions of this ,act1 is amended by inserting #cf;,g1 after #cf;,f14 7#c7 ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf1 and amended by the preceding provisions of this ,act1 is amended by inserting after the item relating to section #cf;,f the following new item3 ,sec4 #cf;,g4 ,pathway to ,practice medical scholarship voucher credit4 4 7c7 ,information sharing ,the ,secretary of ,health and ,human ,services shall annually provide the ,secretary of the ,treasury such information regarding the program under section #ahii;,c of the ,social ,security ,act as the ,secretary of the ,treasury may require to administer the tax credits determined under section #cf;,g of the ,internal ,revenue ,code of #aihf1 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 institution4 ,terms used in this subparagraph shall have the same meaning as when used in such section #cf;,g4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #acgdjd4 ,establishing ,rural and ,underserved ,pathway to ,practice ,program for ,medical ,residents ,section #ahhf of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7 is amended-- 7#a7 in subsection 7d77#e77;,b77v71 by inserting 7h77#d77;,h77vii71 after ,the provisions of subsections 7h77#d77;,h77vi712 and 7#b7 in subsection 7h77#d77;,h71 by adding at the end the following new clause3 7vii7 ,exclusion from ,full-,time ,equivalent limitation for hospitals implementing ,rural and ,underserved ,pathway to ,practice ,program 7,i7 ,in general ,for cost reporting periods beginning on or after ,october #a1 #bjbf1 during which a qualifying resident 7as defined in subclause 7,,ii77 trains in an applicable hospital 7as defined in subclause 7,,iii771 the ,secretary shall1 for such cost reporting period by the number of full-time equivalent residents so trained within the applicable hospital during such period1 exclude from the limitation under subparagraph 7,f74 7,,ii7 ,qualifying resident ,for purposes of this clause1 the term qualifying resident means a full-time equivalent resident who-- 7aa7 was a qualifying student awarded a ,pathway to ,practice medical scholarship voucher under section #ahii;,c2 and 7bb7 graduated from a qualifying medical school4 7,,iii7 ,applicable hospital 7aa7 ,in general ,for purposes of this clause1 the term #8applicable hospital' means any hospital that-- 7,,aa7 meets the requirements of item 7bb72 7,,bb7 agrees to provide data to the ,secretary with respect to where qualifying residents 7as defined in subclause 7,,ii77 practice medicine or participate in fellowships immediately following their residencies2 and 7,,cc7 agrees to promote community-based training of qualifying residents 7as defined in subclause 7,,ii771 as appropriate4 7bb7 ,other requirements ,for the purpose of item 7aa77,,aa71 an applicable hospital shall also be a subsection 7d7 hospital that has been recognized by the ,accreditation ,council for ,graduate ,medical ,education as meeting the following requirements3 7,,aa7 ,such hospital provides mentorships for residents4 7,,bb7 ,such hospital includes cultural or structural competency as part of the training of residents4 7,,cc7 ,the hospital has a demonstrated record of training medical residents in health professional shortage areas1 medically underserved areas1 public hospitals1 or rural areas4 7,,iv7 ,other definitions 7aa7 ,health professional shortage area ,the team health professional shortage area has the meaning given such term in subparagraphs 7,a7 or 7,b7 of section #ccb7;a77#a7 of the ,public ,health ,service ,act4 7bb7 ,medically underserved area ,the term medically underserved area means an area designated pursuant to section #ccj7;b77#c77;,a7 of the ,public ,health ,service ,act4 7cc7 ,qualifying medical school ,the term qualifying medical school has the meaning given such term in section #ahii;,c7e77#f74 7dd7 ,qualifying medical student ,the term qualifying medical student has the meaning given such term in section #ahii;,c7b74 7ee7 ,rural ,area ,the term rural area has the meaning given such term in section #ahhf7;d77#b77;,d74 4 #acgdje4 ,distribution of additional residency positions 7a7 ,in general ,section #ahhf7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7h77 is amended-- 7#a7 in paragraph 7#d77;,f77i71 by striking and 7#i7 and inserting 7#i71 and 7#aj72 7#b7 in paragraph 7#d77;,h77i71 by striking and 7#i7 and inserting 7#i71 and 7#aj72 and 7#c7 by adding at the end the following new paragraph3 7#aj7 ,distribution of additional residency positions 7,a7 ,additional residency positions 7i7 ,in general ,for fiscal years #bjbe and #bjbf1 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 7as specified in clause 7ii771 the ,secretary shall1 subject to the succeeding provisions of this paragraph1 increase the otherwise applicable resident limit for each qualifying hospital 7as defined in subparagraph 7,f77 that submits a timely application under this subparagraph by such number as the ,secretary may approve effective beginning ,july #a of the fiscal year of the increase4 7ii7 ,number available for distribution 7,i7 ,total number available ,the aggregate number of such positions made available under this paragraph shall be equal to #d1jjj4 7,,ii7 ,annual limit ,the aggregate number of such positions so made available shall not exceed #b1jjj for a fiscal year4 7iii7 ,rounds of applications ,the ,secretary shall initiate a separate round of applications for an increase under clause 7i7 for each fiscal year for which such an increase is to be provided4 7iv7 ,distribution for primary care1 psychiatry1 and other residencies 7,i7 ,in general ,except as provided under subclause 7,,ii71 of the positions made available under this paragraph-- 7aa7 not less than #be percent shall be in a primary care residency 7as defined in subparagraph 7,f77 or obstetrics and gynecology residency2 and 7bb7 not less than #ae percent shall be in a psychiatry residency 7as defined in such subparagraph74 7,,ii7 ,distribution for other residencies ,the requirement under subclause 7,i7 shall not apply with respect to any positions made available under this paragraph that are not distributed to a qualifying hospital by ,july #a1 #bjbg1 and such positions shall be distributed to hospitals in accordance with subparagraph 7,b71 without regard to specialty4 7v7 ,clarification regarding availability of other increase ,a qualifying hospital may apply for1 and receive1 an increase under this paragraph and paragraph 7#i7 for a fiscal year4 7,b7 ,distribution ,for purposes of providing an increase in the otherwise applicable resident limit under subparagraph 7,a71 the following shall apply3 7i7 ,eligible hospitals ,with respect to the aggregate number of such positions available for distribution under this paragraph1 the ,secretary shall distribute #cj percent of such aggregate number to the category of hospitals described in subclause 7,,ii7 of clause 7ii71 #bj percent of such aggregate number to each of the categories of hospitals described in subclauses 7,i71 7,,iii71 and 7,,iv7 of such clause1 and #aj percent of such aggregate number to the category of hospitals described in subclause 7,v7 of such clause1 subject to clauses 7iii7 and 7iv74 7ii7 ,categories of hospitals described ,the following categories of hospitals are described in this clause3 7,i7 ,hospitals that are located in a rural area 7as defined in subsection 7d77#b77;,d77 or are treated as being located in a rural area pursuant to subsection 7d77#h77;,e71 hospitals that are located in a census tract assigned a rural-urban commuting area code of #d or greater1 and hospitals that are a sole community hospital 7as defined in subsection 7d77#e77;,d77iii774 7,,ii7 ,hospitals in which the reference resident level of the hospital 7as specified in subparagraph 7,f77v77 is greater than the otherwise applicable resident limit4 7,,iii7 ,hospitals in ,states with-- 7aa7 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 #a1 #bjjj1 and achieved or continued to progress toward ,full ,accreditation status 7as such term is defined by the ,liaison ,committee on ,medical ,education7 or toward ,accreditation status 7as such term is defined by the ,american ,osteopathic ,association ,commission on ,osteopathic ,college ,accreditation72 or 7bb7 an additional location or branch campus established on or after ,january #a1 #bjjj1 by a medical school with ,full ,accreditation status 7as such term is defined by the ,liaison ,committee on ,medical ,education7 or ,accreditation status 7as such term is defined by the ,american ,osteopathic ,association ,commission on ,osteopathic ,college ,accreditation74 7,,iv7 ,hospitals that are located in or serve an area designated as a health professional shortage area under section #ccb7;a77#a77;,a7 of the ,public ,health ,service ,act or serve a population group designated under section #ccb7;a77#a77;,b7 of such ,act1 as determined by the ,secretary4 7,v7 ,hospitals located in ,states in the lowest quartile for resident-to-population ratios1 as defined by the ,secretary4 7iii7 ,distribution to other hospitals ,any positions made available under this paragraph that are not distributed to a qualifying hospital in accordance with clause 7i7 by ,july #a1 #bjbg1 shall be distributed to other hospitals1 subject to the requirement under clause 7iv74 ,in carrying out the preceding sentence1 the ,secretary shall ensure that such positions are first offered to qualifying hospitals in categories described in clause 7ii7 before being distributed to other hospitals4 7iv7 ,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-- 7,i7 fill such positions within the first #e training years beginning after the date the increase would be effective1 as determined by the ,secretary2 and 7,,ii7 use some portion 7as specified by the ,secretary7 of such positions for the residencies described in 7,a77iv74 7,c7 ,conditions of distribution 7i7 ,in general ,subject to clause 7iv71 a hospital that receives an increase in the otherwise applicable resident limit under this paragraph shall ensure1 during the #e-year period beginning on the date of such increase1 that the numbers of full-time equivalent residents in a primary care or psychiatry residency 7as those terms are defined in subparagraph 7,f771 excluding any additional positions attributable to an increase under this paragraph1 are not less than the average numbers of full-time equivalent residents in a primary care or psychiatry residency 7as so defined7 during the #c most recent cost reporting periods ending prior to the date of enactment of this paragraph4 7ii7 ,reporting requirements ,subject to clause 7iv71 a hospital that receives an increase in the otherwise applicable resident limit under this paragraph shall1 after making a good faith attempt to collect information from former residents1 report to the ,secretary in a time and manner specified by the ,secretary the following information for each year 7beginning with the first year for which the hospital receives an increase in the otherwise applicable resident limit under this paragraph71 as applicable3 7,i7 ,race and ethnicity of residents4 7,,ii7 ,the practice patterns of residents one and two years after completion of their residency1 including the number and percent of residents who-- 7aa7 practice in a primary care1 psychiatry1 or other specialty2 7bb7 primarily serve or are located in a health professional shortage area with a designation in effect under section #ccb of the ,public ,health ,service ,act2 or 7cc7 primarily serve or are located in a rural area 7as defined in subsection 7d77#b77;,d774 7iii7 ,requirement for rural hospitals to expand existing programs ,subject to clause 7iv71 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 #dac4gi7;e77#c7 of title #db1 ,code of ,federal ,regulations 7or any successor regulation71 the hospital shall ensure that any positions made available under this paragraph are used to expand an existing program of the hospital1 and not for participation in a new medical residency training program4 7iv7 ,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 7i71 the reporting requirements under clause 7ii71 or1 if applicable1 the requirement under clause 7iii71 the ,secretary shall-- 7,i7 reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph2 and 7,,ii7 provide for the distribution of positions attributable to such reduction to other qualifying hospitals in accordance with the requirements of this paragraph4 7v7 ,limitation ,a hospital may not receive more than #be additional full-time equivalent residency positions under this paragraph4 7,d7 ,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 paragraph1 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 7#b77;,d7 for that hospital4 7,e7 ,permitting facilities to apply aggregation rules ,the ,secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to1 beginning in the fifth year after the effective date of such increase1 apply such positions to the limitation amount under paragraph 7#d77;,f7 that may be aggregated pursuant to paragraph 7#d77;,h7 among members of the same affiliated group4 7,f7 ,definitions ,in this paragraph3 7i7 ,otherwise applicable resident limit ,the term otherwise applicable resident limit means1 with respect to a hospital1 the limit otherwise applicable under subparagraphs 7,f77i7 and 7,h7 of paragraph 7#d7 on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs 7#g77;,a71 7#g77;,b71 7#h77;,a71 7#h77;,b71 or 7#i77;,a74 7ii7 ,primary care residency ,the term primary care residency means a residency training program described in paragraph 7#e77;,h74 7iii7 ,psychiatry residency ,the term psychiatry residency means a residency in psychiatry1 addiction medicine1 addiction psychiatry1 pain medicine1 child and adolescent psychiatry1 consultation-liaison psychiatry1 geriatric psychiatry1 brain injury medicine1 forensic psychiatry1 hospice and palliative medicine1 and sleep medicine4 ,such term includes a residency in a program that is a prerequisite 7as determined by the ,secretary7 for a residency described in the preceding sentence4 7iv7 ,qualifying hospital ,the term qualifying hospital means a hospital described in any of subclauses 7,i7 through 7,v7 of subparagraph 7,b77ii74 7v7 ,reference resident level ,the term reference resident level means1 with respect to a hospital1 the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph1 for which a cost report has been settled 7or1 if not1 submitted 7subject to audit771 as determined by the ,secretary4 7vi7 ,resident level ,the term resident level has the meaning given such term in paragraph 7#g77;,c77i74 7,g7 ,funding ,there is appropriated to the ,secretary1 out of any amounts in the ,treasury not otherwise appropriated1 #aj1jjj1jjj1 to remain available until expended1 for purposes of carrying out this paragraph and subsection 7d77#e77;,b77xiii74 4 7b7 ,,ime ,section #ahhf7;d77#e77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7d77#e77;,b77 is amended-- 7#a7 in clause 7v71 in the third sentence1 by striking and 7h77#i7 and inserting 7h77#i71 and 7h77#aj72 7#b7 by adding at the end the following new clause3 7xiii7 ,for discharges occurring on or after ,july #a1 #bjbd1 insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection 7h77#aj71 the indirect teaching adjustment factor shall be computed in the same manner as provided under clause 7ii7 with respect to such resident positions4 4 #e ,higher education #acgeja4 ,credit for public university research infrastructure 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new section3 #de;,,aa4 ,public university research infrastructure credit 7a7 ,allowance of credit ,for purposes of section #ch1 the public university research infrastructure credit determined under this section for a taxable year is an amount equal to #dj percent of the qualified cash contributions made by a taxpayer during such taxable year4 7b7 ,qualified cash contribution 7#a7 ,in general 7,a7 ,defined ,for purposes of subsection 7a71 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 that1 but for this section1 would be treated as a charitable contribution for purposes of section #agj7;c74 7,b7 ,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 #agj7;b74 7#b7 ,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 7d74 7c7 ,definitions ,for purposes of this section-- 7#a7 ,qualifying project ,the term qualifying project means a project to purchase1 construct1 or improve research infrastructure property4 7#b7 ,research infrastructure property ,the term research infrastructure property means any portion of a property1 building1 or structure of an eligible educational institution1 or any land associated with such property1 building1 or structure1 that is used for research4 7#c7 ,eligible educational institution ,the term eligible educational institution means-- 7,a7 an institution of higher education 7as such term is defined in section #aja or #ajb7;c7 of the ,higher ,education ,act of #aife7 that is a college or university described in section #eaa7;a77#b77;,b71 or 7,b7 an organization described in section #agj7;b77#a77;,a77iv71 section #agj7;b77#a77;,a77vi71 or section #eji7;a77#c7 to which authority has been delegated by an institution described in subparagraph 7,a7 for purposes of applying for or administering credit amounts on behalf of such institution4 7#d7 ,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-- 7,a7 has received a certification for such project by submitting an application as required under subsection 7d77#b71 and 7,b7 designates credit amounts to taxpayers for qualifying cash contributions toward such project under subsection 7d77#d74 7d7 ,qualifying university research infrastructure program 7#a7 ,establishment 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 the ,secretary1 after consultation with the ,secretary of ,education1 shall establish a program to-- 7i7 certify and allocate credit amounts for qualifying projects to eligible educational institutions1 and 7ii7 allow certified educational institutions to designate cash contributions for qualifying projects of such certified educational institutions as qualified cash contributions4 7,b7 ,limitations 7i7 ,allocation limitation per institution ,the credit amounts allocated to a certified educational institution under subparagraph 7,a77i7 for all projects shall not exceed #ej1jjj1jjj per calendar year4 7ii7 ,overall allocation limitation 7,i7 ,in general ,the total amount of qualifying project credit amounts that may be allocated under subparagraph 7,a77i7 shall not exceed-- 7aa7 #ejj1jjj1jjj for each of calendar years #bjbb1 #bjbc1 #bjbd1 #bjbe1 and #bjbf1 and 7bb7 #j for each subsequent year4 7,,ii7 ,rollover of unallocated credit amounts ,any credit amounts described in subclause 7,i7 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 year4 7iii7 ,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 #bej percent of the credit amount allocated to such certified educational institution for a qualifying project under subparagraph 7,a77i74 7#b7 ,certification application ,each eligible educational institution which applies for certification of a project under this paragraph shall submit an application in such time1 form1 and manner as the ,secretary may require4 7#c7 ,selection criteria for allocations to eligible educational institutions ,the ,secretary1 after consultation with the ,secretary of ,education1 shall select applications from eligible educational institutions-- 7,a7 based on the extent of the expected expansion of an eligible educational institution's targeted research within disciplines in science1 mathematics1 engineering1 and technology1 and 7,b7 in a manner that ensures consideration is given to eligible educational institutions with full-time student populations of less than #ab1jjj4 7#d7 ,designation of qualified cash contributions to taxpayers ,the ,secretary1 after consultation with the ,secretary of ,education1 shall establish a process by which certified educational institutions shall designate cash contributions to such institutions as qualified cash contributions4 7#e7 ,disclosure of allocations and designations 7,a7 ,allocations ,the ,secretary shall1 upon allocating credit amounts to an applicant under this subsection1 publicly disclose the identity of the applicant and the credit amount allocated to such applicant4 7,b7 ,designations ,each certified educational institution shall1 upon designating contributions of a taxpayer as qualified cash contributions under this subsection1 publicly disclose the identity of the taxpayer and the amount of contributions designated in such time1 form1 and manner as the ,secretary may require4 7e7 ,regulations and guidance ,the ,secretary1 after consultation with the ,secretary of ,education when applicable1 shall prescribe such regulations and guidance as may be necessary or appropriate to carry out the purposes of this section1 including regulations or other guidance for-- 7#a7 prevention of abuse1 7#b7 establishment of reporting requirements1 7#c7 establishment of selection criteria for applications1 and 7#d7 disclosure of allocations4 7f7 ,penalty for noncompliance 7#a7 ,in general ,if at any time during the #e-year period beginning on the date of the allocation of credit amounts to a certified educational institution under subsection 7d77#a77;,a77i7 there is a noncompliance event with respect to such credit amounts1 then the following rules shall apply3 7,a7 ,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 7d77#a77;,a77ii7 shall be treated as unrelated business taxable income 7as defined in section #eab7 of such certified educational institution4 7,b7 ,rule for unused credit amounts ,in the case of credit amounts described under paragraph 7#b77;,a7 which are unused and identified pursuant to subsection 7g71 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 7,a74 7#b7 ,noncompliance event ,for purposes of this subsection1 the term noncompliance event means1 with respect to a credit amount allocated to a certified educational institution-- 7,a7 cash contributions equaling the amount of such credit amount are not designated as qualifying cash contributions within #b years after ,december #ca of the year such credit amount is allocated1 7,b7 a qualifying project with respect to which such credit amount was allocated is not placed in service within either-- 7i7 #d years after ,december #ca of the year such credit amount is allocated1 or 7ii7 a period of time that the ,secretary determines is appropriate1 or 7,c7 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 service4 7g7 ,review and reallocation of credit amounts 7#a7 ,review ,not later than #e years after the date of enactment of this section1 the ,secretary shall review the credit amounts allocated under this section as of such date4 7#b7 ,reallocation 7,a7 ,in general ,the ,secretary may reallocate credit amounts allocated under this section if the ,secretary determines1 as of the date of the review in paragraph 7#a71 that such credit amounts are subject to a noncompliance event4 7,b7 ,additional program ,if the ,secretary determines that credits under this section are available for reallocation pursuant to the requirements set forth in subparagraph 7,a71 the ,secretary is authorized to conduct an additional program for applications for certification4 7,c7 ,deadline for reallocation ,the ,secretary shall not certify any project1 or reallocate any credit amount1 pursuant to this paragraph after ,december #ca1 #bjca4 7h7 ,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 section4 7i7 ,rule for trusts and estates ,for purposes of this section1 rules similar to the rules of subsection 7d7 of section #eb shall apply4 7j7 ,termination ,this section shall not apply to qualified cash contributions made after ,december #ca1 #bjcc4 4 7b7 ,credit made part of general business credit ,subsection 7b7 of section #ch1 as amended by the preceding provisions of this ,act1 is amended by striking plus at the end of paragraph 7#da71 by striking the period at the end of paragraph 7#db7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#dc7 the public university research infrastructure credit determined under section #de;,,aa4 4 7c7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new item3 ,sec4 #de;,,aa4 ,public university research infrastructure credit44 7d7 ,effective date ,the amendments made by this section shall apply to qualified cash contributions made after ,december #ca1 #bjba4 #acgejb4 ,treatment of ,federal ,pell ,grants for income tax purposes 7a7 ,exclusion from gross income ,section #aag7;b77#a7 is amended by striking means any amount and all that follows and inserting means-- 7,a7 any amount received by an individual as a scholarship or fellowship grant to the extent the individual establishes that1 in accordance with the conditions of the grant1 such amount was used for qualified tuition and related expenses1 and 7,b7 any amount received by an individual after ,december #ca1 #bjba1 and before ,january #a1 #bjbf1 as a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife4 4 7b7 ,treatment for purposes of ,american ,opportunity ,tax ,credit and ,lifetime ,learning ,credit ,section #be;,a7g77#b7 is amended-- 7#a7 in subparagraph 7,a71 by inserting described in section #aag7;b77#a77;,a7 after a qualified scholarship1 and 7#b7 in subparagraph 7,c71 by inserting or amount described in section #aag7;b77#a77;,b7 after within the meaning of section #ajb7;a74 7c7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acgejc4 ,repeal of denial of ,american ,opportunity ,tax ,credit on basis of felony drug conviction 7a7 ,in general ,section #be;,a7b77#b7 is amended by striking subparagraph 7,d74 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #f ,deduction for ,state and local taxes1 etc4 #acgfja4 ,modification of limitation on deduction for ,state and local taxes1 etc 7a7 ,in general ,paragraph 7#f7 of section #afd7;b7 is amended-- 7#a7 by striking #bjbe in the heading and inserting #bjca1 7#b7 by striking ,january #a1 #bjbf and inserting ,january #a1 #bjcb1 7#c7 in subparagraph 7,a71 by inserting or section #baf7;a77#a7 after subsection 7a77#a71 7#d7 in subparagraph 7,b7-- 7,a7 by inserting 7and any tax described in any such paragraph taken into account under section #baf7;a77#a77 after paragraph 7#e7 of this subsection1 and 7,b7 by striking shall not exceed #aj1jjj 7#e1jjj in the case of a married individual filing a separate return74 and inserting shall not exceed-- 7i7 in the case of any taxable year beginning after ,december #ca1 #bjbj1 and before ,january #a1 #bjca1 #hj1jjj 7#dj1jjj in the case of an estate1 trust1 or married individual filing a separate return71 and 7ii7 in the case of any taxable year beginning after ,december #ca1 #bjcj1 and before ,january #a1 #bjcb1 #aj1jjj 7#e1jjj in the case of an estate1 trust1 or married individual filing a separate return74 1 and 7#e7 by striking the last sentence and inserting the following3 ,in the case of taxes paid during a taxable year beginning before ,january #a1 #bjca1 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 paragraph44 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 7c7 ,no inference ,the amendments made by paragraphs 7#c71 7#d77;,a71 and 7#e7 shall not be construed to create any inference with respect to the proper application of section #afd7;b77#f7 or section #baf7;a7 with respect to any taxable year beginning before ,january #a1 #bjba4 ,h ,responsibly ,funding ,our ,priorities #achjja4 ,amendment of #aihf ,code ,except as otherwise expressly provided1 whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 #a ,corporate and ,international ,tax ,reforms ,a ,corporate provisions #achaja4 ,corporate alternative minimum tax 7a7 ,imposition of tax 7#a7 ,in general ,paragraph 7#b7 of section #ee7;b7 is amended to read as follows3 7#b7 ,corporations 7,a7 ,applicable corporations ,in the case of an applicable corporation1 the tentative minimum tax for the taxable year shall be the excess of-- 7i7 #ae percent of the adjusted financial statement income for the taxable year 7as determined under section #ef;,a71 over 7ii7 the corporate ,,amt foreign tax credit for the taxable year4 7,b7 ,other corporations ,in the case of any corporation which is not an applicable corporation1 the tentative minimum tax for the taxable year shall be zero4 4 7#b7 ,applicable corporation ,section #ei is amended by adding at the end the following new subsection3 7k7 ,applicable corporation ,for purposes of this part-- 7#a7 ,applicable corporation defined 7,a7 ,in general ,the term applicable corporation means1 with respect to any taxable year1 any corporation 7other than an ,s corporation1 a regulated investment company1 or a real estate investment trust7 which meets the average annual adjusted financial statement income test of subparagraph 7,b7 for one or more taxable years which-- 7i7 are prior to such taxable year1 and 7ii7 end after ,december #ca1 #bjba4 7,b7 ,average annual adjusted financial statement income test ,for purposes of this subsection-- 7i7 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 #c-taxable-year period ending with such taxable year exceeds #a1jjj1jjj1jjj1 and 7ii7 in the case of a corporation described in paragraph 7#b71 such corporation meets the average annual adjusted financial statement income test if-- 7,i7 the corporation meets the requirements of clause 7i7 7determined after the application of paragraph 7#b771 and 7,,ii7 the average annual adjusted financial statement income of such corporation 7determined without regard to the application of paragraph 7#b77 for the #c-taxable-year-period ending with such taxable year is #ajj1jjj1jjj or more4 7,c7 ,exception ,notwithstanding subparagraph 7,a71 the term applicable corporation shall not include any corporation which otherwise meets the requirements of subparagraph 7,a7 if-- 7i7 such corporation-- 7,i7 has a change in ownership1 or 7,,ii7 has a specified number 7to be determined by the ,secretary and which shall1 as appropriate1 take into account the facts and circumstances of the taxpayer7 of consecutive taxable years1 including the most recent taxable year1 in which the corporation does not meet the average annual adjusted financial statement income test of subparagraph 7,b71 and 7ii7 the ,secretary determines that it would not be appropriate to continue to treat such corporation as an applicable corporation4 ,the preceding sentence shall not apply to any corporation if1 after the ,secretary makes the determination described in clause 7ii71 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 applies4 7,d7 ,special rules for determining average annual adjusted financial statement income ,solely for purposes of determining whether a corporation is an applicable corporation under paragraph 7#a7-- 7i7 all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb shall be treated as #a person1 and 7ii7 in the case of a foreign corporation1 only income described in paragraph 7#c7 or 7#d7 of section #ef;,a7c7 shall be taken into account4 7,e7 ,other special rules 7i7 ,corporations in existence for less than #c years ,if the corporation was in existence for less than #c-taxable years1 subparagraph 7,b7 shall be applied on the basis of the period during which such corporation was in existence4 7ii7 ,short taxable years ,adjusted financial statement income for any taxable year of less than #ab months shall be annualized by multiplying the adjusted financial statement income for the short period by #ab and dividing the result by the number of months in the short period4 7iii7 ,treatment of predecessors ,any reference in this subparagraph to a corporation shall include a reference to any predecessor of such corporation4 7#b7 ,special rule for foreign-parented corporations 7,a7 ,in general ,solely for purposes of determining whether a corporation meets the average annual adjusted financial statement income test under paragraph 7#a77;,b77i71 notwithstanding paragraph 7#a77;,d77ii71 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 group4 7,b7 ,international financial reporting group ,for purposes of subparagraph 7,a71 the term international financial reporting group shall have the meaning given such term by section #afc7n77#c74 7#c7 ,regulations or other guidance ,the ,secretary shall provide regulations or other guidance for the purposes of carrying out this subsection1 including regulations or other guidance-- 7,a7 providing a simplified method for determining whether a corporation meets the requirements of paragraph 7#a71 and '7,b7 addressing the application of this subsection to a corporation that experiences a change in ownership4 4 7#c7 ,reduction for base erosion and anti-abuse tax ,section #ee7;a77#b7 is amended by inserting plus1 in the case of an applicable corporation 7as defined in subsection 7b77#b771 the tax imposed by section #ei;,a before the period at the end4 7#d7 ,conforming amendments 7,a7 ,section #ee7;a7 is amended by striking ,in the case of a taxpayer other than a corporation1 there and inserting ,there4 7,b7 7i7 ,section #ee7;b77#a7 is amended-- 7,i7 by striking so much as precedes subparagraph 7,a7 and inserting the following3 7#a7 ,noncorporate taxpayers ,in the case of a taxpayer other than a corporation-- 1 and 7,,ii7 by adding at the end the following new subparagraph3 7,d7 ,alternative minimum taxable income ,the term alternative minimum taxable income means the taxable income of the taxpayer for the taxable year-- 7i7 determined with the adjustments provided in section #ef and section #eh1 and 7ii7 increased by the amount of the items of tax preference described in section #eg4 ,if a taxpayer is subject to the regular tax1 such taxpayer shall be subject to the tax imposed by this section 7and1 if the regular tax is determined by reference to an amount other than taxable income1 such amount shall be treated as the taxable income of such taxpayer for purposes of the preceding sentence74 4 7ii7 ,section #hfj;,e7a77#d7 is amended by striking #ee7;b77#b7 and inserting #ee7;b77#a77;,d74 7iii7 ,section #hig7;a77#b77;,a77i7 is amended by striking #ee7;b77#b7 and inserting #ee7;b77#a77;,d74 7,c7 ,section #aa7;d7 is amended by striking the tax imposed by subsection 7a7 and inserting the taxes imposed by subsection 7a7 and section #ee4 7,d7 ,section #ab is amended by adding at the end the following new paragraph3 7#e7 ,for alternative minimum tax1 see section #ee4 4 7,e7 ,section #hhb7;a77#a7 is amended by inserting 1 #ee1 after section #aa4 7,f7 ,section #fdbe7;c77#a77;,a7 is amended to read as follows3 7,a7 the sum of-- 7i7 the tax imposed by section #aa or subchapter ,l of chapter #a1 whichever is applicable1 plus 7ii7 the tax imposed by section #ee1 plus 7iii7 the tax imposed by section #ei;,a1 over 4 7,g7 ,section #ffee7;e77#b7 is amended by inserting 1 adjusted financial statement income 7as defined in section #ef;,a71 before and modified taxable income each place it appears in subparagraphs 7,a77i7 and 7,b77i74 7,h7 ,section #ffee7;g77#a77;,a7 is amended by redesignating clauses 7ii7 and 7iii7 as clauses 7iii7 and 7iv71 respectively1 and by inserting after clause 7i7 the following new clause3 7ii7 the tax imposed by section #ee1 4 7b7 ,adjusted financial statement income 7#a7 ,in general ,part ,,vi of subchapter ,a of chapter #a is amended by inserting after section #ef the following new section3 #ef;,a4 ,adjusted financial statement income 7a7 ,in general ,for purposes of this part1 the term adjusted financial statement income means1 with respect to any corporation for any taxable year1 the net income or loss of the taxpayer set forth on the taxpayer's applicable financial statement for such taxable year1 adjusted as provided in this section4 7b7 ,applicable financial statement ,for purposes of this section1 the term applicable financial statement means1 with respect to any taxable year1 an applicable financial statement 7as defined in section #dea7;b77#c7 or as specified by the ,secretary in regulations or other guidance7 which covers such taxable year4 7c7 ,general adjustments 7#a7 ,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 year4 7#b7 ,special rules for related entities 7,a7 ,consolidated financial statements ,if the financial results of a taxpayer are reported on the applicable financial statement for a group of entities1 rules similar to the rules of section #dea7;b77#e7 shall apply4 7,b7 ,consolidated returns ,except as provided in regulations prescribed by the ,secretary1 if the taxpayer files a consolidated return for any taxable year1 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 return4 7,c7 ,treatment of dividends and other amounts ,in the case of any corporation which is not included on a consolidated return with the taxpayer1 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 7reduced to the extent provided by the ,secretary in regulations or other guidance7 and other amounts required to be included in gross income under this chapter 7other than amounts required to be included under sections #iea and #iea;,a7 in respect of the earnings of such other corporation4 7,d7 ,group including one or more partnerships ,under rules prescribed by the ,secretary1 if the financial results of a taxpayer are reported on the applicable financial statement for a group of entities that includes one or more partnerships1 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 chapter4 7#c7 ,adjustments to take into account certain items of foreign income 7,a7 ,in general ,if1 for any taxable year1 a taxpayer is a ,united ,states shareholder of one or more controlled foreign corporations1 the adjusted financial statement income of such taxpayer shall be adjusted to take into account such taxpayer's pro rata share 7determined under rules similar to the rules under section #iea7;a77#b77 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 shareholder4 7,b7 ,negative adjustments ,in any case in which the adjustment determined under subparagraph 7,a7 would result in a negative adjustment for such taxable year-- 7i7 no adjustment shall be made under this paragraph for such taxable year1 and 7ii7 the amount of the adjustment determined under this paragraph for the succeeding taxable year 7determined without regard to this paragraph7 shall be reduced by an amount equal to the negative adjustment for such taxable year4 7#d7 ,effectively connected income ,in the case of a foreign corporation1 to determine adjusted financial statement income1 the principles of section #hhb shall apply4 7#e7 ,adjustments for certain taxes ,adjusted financial statement income shall be appropriately adjusted to disregard any ,federal income taxes1 or income1 war profits1 or excess profits taxes 7within the meaning of section #ija7 with respect to a foreign country or possession of the ,united ,states1 which are taken into account on the taxpayer's applicable financial statement4 ,to the extent provided by the ,secretary1 the preceding sentence shall not apply to income1 war profits1 or excess profits taxes 7within the meaning of section #ija7 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 #ija4 ,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 paragraph1 including the time at which such taxes are properly taken into account4 7#f7 ,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 taxpayer4 7#g7 ,special rule for cooperatives ,in the case of a cooperative to which section #acha applies1 the adjusted financial statement income 7determined without regard to this paragraph7 shall be reduced by the amounts referred to in section #achb7;b7 7relating to patronage dividends and per-unit retain allocations7 to the extent such amounts were not otherwise taken into account in determining adjusted financial statement income4 7#h7 ,rules for ,alaska ,native ,corporations ,adjusted financial statement income shall be appropriately adjusted to allow-- 7,a7 cost recovery and depletion attributable to property the basis of which is determined under section #ba7;c7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afbj7;c771 and 7,b7 deductions for amounts payable made pursuant to section #g7;i7 or section #g7;j7 of such ,act 7#dc ,u4,s4,c4 #afjf7;i7 and #afjf7;j77 only at such time as the deductions are allowed for tax purposes4 7#i7 ,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 #fdag4 7#aj7 ,consistent treatment of mortgage servicing income of taxpayer other than a regulated investment company 7,a7 ,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 chapter4 7,b7 ,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 7as determined by the ,secretary7 with respect to a mortgage servicing contract4 7#aa7 ,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 section1 including adjustments-- 7,a7 to prevent the omission or duplication of any item1 7,b7 to take into account the ownership of a member of a group by a corporation or partnership which is not a member of such group1 and 7,c7 to carry out the principles of part ,,ii of subchapter ,c of this chapter 7relating to corporate liquidations71 part ,,iii of subchapter ,c of this chapter 7relating to corporate organizations and reorganizations71 and part ,,ii of subchapter ,k of this chapter 7relating to partnership contributions and distributions74 7d7 ,deduction for financial statement net operating loss 7#a7 ,in general ,adjusted financial statement income 7determined after application of subsection 7c7 and without regard to this subsection7 shall be reduced by an amount equal to the lesser of-- 7,a7 the aggregate amount of financial statement net operating loss carryovers to the taxable year1 or 7,b7 #hj percent of adjusted financial statement income computed without regard to the deduction allowable under this subsection4 7#b7 ,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 loss4 ,the portion of such loss which shall be carried to subsequent taxable years shall be the amount of such loss remaining 7if any7 after the application of paragraph 7#a74 7#c7 ,financial statement net operating loss defined ,for purposes of this subsection1 the term financial statement net operating loss means the amount of the net loss 7if any7 set forth on the corporation's applicable financial statement 7determined after application of subsection 7c7 and without regard to this subsection7 for taxable years ending after ,december #ca1 #bjai4 7e7 ,regulations and other guidance ,the ,secretary shall provide for such regulations and other guidance as necessary to carry out the purposes of this section1 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 corporation4 4 7#b7 ,clerical amendment ,the table of sections for part ,,vi of subchapter ,a of chapter #a is amended by inserting after the item relating to section #ef the following new item3 ,sec4 #ef;,a4 ,adjusted financial statement income4 4 7c7 ,corporate ,,amt foreign tax credit ,section #ei1 as amended by this section1 is amended by adding at the end the following new subsection3 7l7 ,corporate ,,amt foreign tax credit 7#a7 ,in general ,for purposes of this part1 if an applicable corporation chooses to have the benefits of subpart ,a of part ,,iii of subchapter ,n for any taxable year1 the corporate ,,amt foreign tax credit for the taxable year of the applicable corporation is an amount equal to sum of-- 7,a7 the lesser of-- 7i7 the aggregate of the applicable corporation's pro rata share 7as determined under section #ef;,a7c77#c77 of the amount of income1 war profits1 and excess profits taxes 7within the meaning of section #ija7 imposed by any foreign country or possession of the ,united ,states which are-- 7,i7 taken into account on the applicable financial statement of each controlled foreign corporation with respect to which the applicable corporation is a ,united ,states shareholder1 and 7,,ii7 paid or accrued 7for ,federal income tax purposes7 by each such controlled foreign corporation1 or 7ii7 the product of the amount of the adjustment under section #ef;,a7c77#c7 and the percentage specified in section #ee7;b77#b77;,a77i71 and 7,b7 the amount of income1 war profits1 and excess profits taxes 7within the meaning of section #ija7 imposed by any foreign country or possession of the ,united ,states to the extent such taxes are-- 7i7 taken into account on the applicable corporation's applicable financial statement1 and 7ii7 paid or accrued 7for ,federal income tax purposes7 by the applicable corporation4 7#b7 ,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 ,n1 the excess of the amount described in paragraph 7#a77;,a77i7 over the amount described in paragraph 7#a77;,a77ii7 shall increase the amount described in paragraph 7#a77;,a77i7 in any of the first #e succeeding taxable years to the extent not taken into account in a prior taxable year4 7#c7 ,regulations or other guidance ,the ,secretary shall provide for such regulations or other guidance as is necessary to carry out the purposes of this subsection4 4 7d7 ,treatment of general business credit ,section #ch7;c77#f77;,e7 is amended to read as follows3 7,e7 ,corporations ,in the case of a corporation-- 7i7 the first sentence of paragraph 7#a7 shall be applied by substituting #be percent of the taxpayer's net income tax as exceeds #be1jjj for the greater of and all that follows1 7ii7 paragraph 7#b77;,a7 shall be applied without regard to clause 7ii77,i7 thereof1 and 7iii7 paragraph 7#d77;,a7 shall be applied without regard to clause 7ii77,i7 thereof4 4 7e7 ,credit for prior year minimum tax liability 7#a7 ,in general ,section #ec7;e7 is amended to read as follows3 7e7 ,application to applicable corporations ,in the case of a corporation-- 7#a7 subsection 7b77#a7 shall be applied by substituting the net minimum tax for all prior taxable years beginning after #bjbb for the adjusted net minimum tax imposed for all prior taxable years beginning after #aihf1 and 7#b7 the amount determined under subsection 7c77#a7 shall be increased by the amount of tax imposed under section #ei;,a for the taxable year4 4 7#b7 ,conforming amendments ,section #ec7;d7 is amended-- 7,a7 in paragraph 7#b71 by striking 1 except that in the case and all that follows through treated as zero1 and 7,b7 by striking paragraph 7#c74 7f7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 #achajb4 ,excise tax on repurchase of corporate stock 7a7 ,in general ,subtitle ,d is amended by inserting after chapter #cf the following new chapter3 #cg ,repurchase of corporate stock ,sec4 #deja4 ,repurchase of corporate stock4 #deja4 ,repurchase of corporate stock 7a7 ,general rule ,there is hereby imposed on each covered corporation a tax equal to #a percent of the fair market value of any stock of the corporation which is repurchased by such corporation during the taxable year4 7b7 ,covered corporation ,for purposes of this section1 the term covered corporation means any domestic corporation the stock of which is traded on an established securities market 7within the meaning of section #ggjd7;b77#a774 7c7 ,repurchase ,for purposes of this section-- 7#a7 ,in general ,the term repurchase means-- 7,a7 a redemption within the meaning of section #cag7;b7 with regard to the stock of a covered corporation1 and 7,b7 any transaction determined by the ,secretary to be economically similar to a transaction described in subparagraph 7,a74 7#b7 ,treatment of purchases by specified affiliates 7,a7 ,in general ,the acquisition of stock of a covered corporation by a specified affiliate of such covered corporation1 from a person who is not the covered corporation or a specified affiliate of such covered corporation1 shall be treated as a repurchase of the stock of the covered corporation by such covered corporation4 7,b7 ,specified affiliate ,for purposes of this section1 the term specified affiliate means1 with respect to any corporation-- 7i7 any corporation more than #ej percent of the stock of which is owned 7by vote or by value71 directly or indirectly1 by such corporation1 and 7ii7 any partnership more than #ej percent of the capital interests or profits interests of which is held1 directly or indirectly1 by such corporation4 7#c7 ,adjustment ,the amount taken into account under subsection 7a7 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 year1 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 year1 whether or not such stock is issued in response to the exercise of an option to purchase such stock4 7d7 ,special rules for acquisition of stock of certain foreign corporations 7#a7 ,in general ,in the case of an acquisition of stock of an applicable foreign corporation by a specified affiliate of such corporation 7other than a foreign corporation or a foreign partnership 7unless such partnership has a domestic entity as a direct or indirect partner77 from a person who is not the applicable foreign corporation or a specified affiliate of such applicable foreign corporation1 for purposes of this section-- 7,a7 such specified affiliate shall be treated as a covered corporation with respect to such acquisition1 7,b7 such acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation1 and 7,c7 the adjustment under subsection 7c77#c7 shall be determined only with respect to stock issued by such specified affiliate to employees of the specified affiliate4 7#b7 ,surrogate foreign corporations ,in the case of a repurchase of stock of a covered surrogate foreign corporation by such covered surrogate foreign corporation1 or an acquisition of stock of a covered surrogate foreign corporation by a specified affiliate of such corporation1 for purposes of this section-- 7,a7 the expatriated entity with respect to such covered surrogate foreign corporation shall be treated as a covered corporation with respect to such repurchase or acquisition1 7,b7 such repurchase or acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation1 and 7,c7 the adjustment under subsection 7c77#c7 shall be determined only with respect to stock issued by such expatriated entity to employees of the expatriated entity4 7#c7 ,definitions ,for purposes of this subsection-- 7,a7 ,applicable foreign corporation ,the term applicable foreign corporation means any foreign corporation the stock of which is traded on an established securities market 7within the meaning of section #ggjd7;b77#a774 7,b7 ,covered surrogate foreign corporation ,the term covered surrogate foreign corporation means any surrogate foreign corporation 7as determined under section #ghgd7;a77#b77;,b7 by substituting ,september #bj1 #bjba for ,march #d1 #bjjc each place it appears7 the stock of which is traded on an established securities market 7within the meaning of section #ggjd7;b77#a771 but only with respect to taxable years which include any portion of the applicable period with respect to such corporation under section #ghgd7;d77#a74 7,c7 ,expatriated entity ,the term expatriated entity has the meaning given such term by section #ghgd7;a77#b77;,a74 7e7 ,exceptions ,subsection 7a7 shall not apply-- 7#a7 to the extent that the repurchase is part of a reorganization 7within the meaning of section #cfh7;a77 and no gain or loss is recognized on such repurchase by the shareholder under chapter #a by reason of such reorganization1 7#b7 in any case in which the stock repurchased is1 or an amount of stock equal to the value of the stock repurchased is1 contributed to an employer-sponsored retirement plan1 employee stock ownership plan1 or similar plan1 7#c7 in any case in which the total value of the stock repurchased during the taxable year does not exceed #a1jjj1jjj1 7#d7 under regulations prescribed by the ,secretary1 in cases in which the repurchase is by a dealer in securities in the ordinary course of business1 7#e7 to repurchases by a regulated investment company 7as defined in section #hea7 or a real estate investment trust1 or 7#f7 to the extent that the repurchase is treated as a dividend for purposes of this title4 7f7 ,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 the purposes of this section1 including regulations and other guidance-- 7#a7 to prevent the abuse of the exceptions provided by subsection 7e71 7#b7 to address special classes of stock and preferred stock1 and 7#c7 for the application of the rules under subsection 7d74 4 7b7 ,tax not deductible ,paragraph 7#f7 of section #bge7;a7 is amended by inserting #cg1 before #da4 7c7 ,clerical amendment ,the table of chapters for subtitle ,d is amended by inserting after the item relating to chapter #cf the following new item3 ,chapter #cg--,repurchase of corporate stock 4 7d7 ,effective date ,the amendments made by this section shall apply to repurchases 7within the meaning of section #deja7;c7 of the ,internal ,revenue ,code of #aihf1 as added by this section7 of stock after ,december #ca1 #bjba4 ,b ,limitations on deduction for interest expense #achaaa4 ,limitations on deduction for interest expense 7a7 ,interest expense of certain members of international financial reporting groups ,section #afc is amended by redesignating subsection 7n7 as subsection 7p7 and by inserting after subsection 7m7 the following new subsection3 7n7 ,limitation on deduction of interest by certain members of international financial reporting groups 7#a7 ,in general ,in the case of any specified domestic corporation which is a member of any international financial reporting group1 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 #aaj percent of such excess4 7#b7 ,specified domestic corporation ,for purposes of this subsection-- 7,a7 ,in general ,the term specified domestic corporation means any domestic corporation other than-- 7i7 any corporation if the excess of-- 7,i7 the average amount of interest paid or accrued by such corporation during the #c-taxable-year period ending with the taxable year to which paragraph 7#a7 applies1 over 7,,ii7 the average amount of interest includible in the gross income of such corporation for such #c-taxable-year period1 does not exceed #ab1jjj1jjj1 7ii7 any corporation to which paragraph 7#a7 of section #afc7;j7 does not apply by reason of paragraph 7#c7 of such section 7determined without regard to paragraph 7#d77;,b7 of such section71 and 7iii7 any ,s corporation1 real estate investment trust1 or regulated investment company4 7,b7 ,aggregation rule ,for purposes of clauses 7i7 and 7ii7 of subparagraph 7,a71 all domestic corporations which are members of the same international financial reporting group shall be treated as a single corporation4 7,c7 ,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 ,states1 such foreign corporation shall be treated as a domestic corporation with respect to the items that are effectively connected with such trade or business4 7#c7 ,international financial reporting group ,for purposes of this subsection-- 7,a7 ,in general ,the term international financial reporting group means1 with respect to any reporting year1 two or more entities if-- 7i7 either-- 7,i7 at least one entity is a foreign corporation engaged in a trade or business within the ,united ,states1 or 7,,ii7 at least one entity is a domestic corporation and another entity is a foreign corporation1 and 7ii7 such entities are included in the same applicable financial statement with respect to such year4 7,b7 ,election to include eligible corporations in group 7i7 ,in general ,to the extent provided by the ,secretary in regulations or other guidance1 an international financial reporting group may elect 7at such time and in such manner as the ,secretary may provide7 to treat all eligible corporations with respect to such group as members of such group for purposes of this subsection4 ,as a condition of such election1 all such eligible corporations must maintain 7and provide access to7 such books and records as the ,secretary determines are satisfactory to allow for the application of this subsection with respect to such eligible corporations4 ,such election may be revoked only with the consent of the ,secretary4 7ii7 ,eligible corporation ,the term eligible corporation means1 with respect to any international financial reporting group1 any corporation if at least #bj percent of the stock of such corporation 7determined by vote and value7 is held 7directly or indirectly7 by members of such international financial reporting group 7determined without regard to this subparagraph74 7#d7 ,allowable percentage ,for purposes of this subsection-- 7,a7 ,in general ,the term allowable percentage means1 with respect to any specified domestic corporation for any taxable year1 the ratio 7expressed as a percentage and not greater than #ajj percent7 of-- 7i7 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 corporation1 over 7ii7 such corporation's reported net interest expense for such reporting year of such group4 7,b7 ,reported net interest expense ,the term reported net interest expense means-- 7i7 with respect to any international financial reporting group for any reporting year1 the excess of-- 7,i7 the aggregate amount of interest expense reported in such group's applicable financial statements for such taxable year1 over 7,,ii7 the aggregate amount of interest income reported in such group's applicable financial statements for such taxable year1 and 7ii7 with respect to any specified domestic corporation for any reporting year1 the excess of-- 7,i7 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 year1 over 7,,ii7 the amount of interest income of such corporation reported in such books and records4 7,c7 ,allocable share of reported net interest expense ,with respect to any specified domestic corporation which is a member of any international financial reporting group1 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-- 7i7 the ,,ebitda of such corporation for such reporting year1 bears to 7ii7 the ,,ebitda of such group for such reporting year4 7,d7 ,,ebitda 7i7 ,in general ,the term ,,ebitda means1 with respect to any reporting year1 earnings before interest income and interest expense1 taxes1 depreciation1 depletion1 and amortization-- 7,i7 as determined in the international financial reporting group's applicable financial statements for such year1 or 7,,ii7 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 statements4 7ii7 ,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 group4 7,e7 ,special rules for non-positive ,,ebitda 7i7 ,non-positive group ,,ebitda ,in the case of any international financial reporting group the ,,ebitda of which is zero or less1 paragraph 7#a7 shall not apply to any specified domestic corporation which is a member of such group4 7ii7 ,non-positive entity ,,ebitda ,in the case of any specified domestic corporation the ,,ebitda of which is zero or less1 the allowable percentage shall be #j percent4 7#e7 ,applicable financial statement ,for purposes of this subsection1 the term applicable financial statement has the meaning given such term in section #dea7;b77#c74 7#f7 ,reporting year ,for purposes of this subsection1 the term reporting year means any year for which an applicable financial statement is prepared or required to be prepared4 7#g7 ,regulations ,the ,secretary may issue such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection1 including regulations or other guidance which-- 7,a7 allows or requires the adjustment of amounts reported on applicable financial statements1 7,b7 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 subsection1 7,c7 treats interest income of a controlled foreign corporation which is subpart ,f income1 and any interest expense of such corporation which is related to subpart ,f income1 as income and interest expense1 respectively1 of a specified domestic corporation for purposes of this subsection1 7,d7 prevents the omission1 inclusion1 or duplication of any item or amount of interest income or interest expense1 and 7,e7 provides rules for the application of this subsection with respect to-- 7i7 a domestic corporation that is a partner 7directly or indirectly7 in a partnership1 7ii7 a domestic corporation that owns 7directly or indirectly7 an interest in an entity that is fiscally transparent in one or more jurisdictions1 and 7iii7 a foreign corporation to which this subsection applies by reason of paragraph 7#b77;,c74 4 7b7 ,modification of application of limitation on business interest to partnerships and ,s corporations 7#a7 ,in general ,section #afc7;j77#d7 is amended to read as follows3 7#d7 ,application to partnerships and ,s corporations 7,a7 ,in general ,in the case of any partnership or ,s corporation1 this subsection shall be applied at the partner or shareholder level1 respectively4 7,b7 ,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 #ddh7;c7 for any taxable year1 paragraph 7#c7 shall not apply with respect to any distributive1 or pro rata1 share of business interest and other items under this subsection of such partnership or ,s corporation4 7,c7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section1 including regulations or other guidance-- 7i7 for requiring or restricting the allocation of business interest and other items under this subsection1 7ii7 to provide for such reporting requirements as the ,secretary determines appropriate1 and 7iii7 for the application of this subsection in the case of tiered structures or trades or businesses described in paragraph 7#g74 4 7#b7 ,conforming amendment ,section #afc7;j77#c7 is amended by inserting except to the extent provided in paragraph 7#d77;,b7 after to such taxpayer for such taxable year4 7c7 ,carryforward of disallowed interest 7#a7 ,in general ,section #afc is amended by inserting after subsection 7n71 as added by subsection 7a71 the following new subsection3 7o7 ,carryforward of certain disallowed interest ,the amount of any interest not allowed as a deduction for any taxable year by reason of subsection 7j7 or 7n77#a7 7whichever imposes the lower limitation with respect to such taxable year7 shall be treated as interest 7and as business interest for purposes of subsection 7j7 to the extent such amount is properly attributable to a trade or business as defined in subsection 7j77#g77 paid or accrued in the succeeding taxable year4 4 7#b7 ,conforming amendments 7,a7 ,section #afc7;j77#b7 is amended to read as follows3 7#b7 ,carryforward cross-reference ,for carryforward treatment1 see subsection 7o74 4 7,b7 ,section #cha7;c77#bj7 is amended to read as follows3 7#bj7 ,carryforward of disallowed interest ,the carryover of disallowed interest described in section #afc7o7 to taxable years ending after the date of distribution or transfer4 4 7,c7 ,section #chb7;d77#c7 is amended to read as follows3 7#c7 ,application to carryforward of disallowed interest ,the term pre-change loss shall include any carryover of disallowed interest described in section #afc7o7 under rules similar to the rules of paragraph 7#a74 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 7e7 ,transition rule ,in the case of a partner's first succeeding taxable year described in subclause 7,,ii7 of section #afc7;j77#d77;,b77ii7 of the ,internal ,revenue ,code of #aihf 7as in effect before the amendment made by subsection 7b77 which begins after ,december #ca1 #bjbb1 the amount of excess business interest which would 7but for such amendment7 be carried to such taxable year under such subclause shall be treated as interest 7and as business interest for purposes of section #afc7;j7 of such ,code1 as amended by this section7 paid or accrued in such taxable year4 ,a rule similar to the rule in the preceding sentence shall apply in the case of an ,s corporation and its shareholders4 ,for carryover of any such interest disallowed for such taxable year1 see section #afc7o7 of such ,code1 as amended by this section4 ,c ,outbound international provisions #achaba4 ,modifications to deduction for foreign-derived intangible income and global intangible low-taxed income 7a7 ,in general ,section #bej7;a7 is amended to read as follows3 7a7 ,in general ,in the case of a domestic corporation for any taxable year1 there shall be allowed as a deduction an amount equal to the sum of-- 7#a7 #bd4h percent of the foreign-derived intangible income of such domestic corporation for such taxable year1 plus 7#b7 #bh4e percent of-- 7,a7 the global intangible low-taxed income 7if any7 which is included in the gross income of such domestic corporation under section #iea;,a for such taxable year1 and 7,b7 the amount treated as a dividend received by such corporation under section #gh which is attributable to the amount described in subparagraph 7,a74 4 7b7 ,deduction taken into account in determining net operating loss deduction ,section #agb7;d7 is amended by striking paragraph 7#i74 7c7 ,certain other modifications 7#a7 ,section #bej7;b77#c7 is amended-- 7,a7 in subparagraph 7,a77i7-- 7i7 by striking and at the end of subclause 7,v71 7ii7 by striking over at the end of subclause 7,,vi71 and 7iii7 by adding at the end the following new subclauses3 7,,vii7 any income described in clause 7i7 or 7ii7 of section #ijd7;d77#b77;,b71 determined without regard to clause 7iii77,,ii7 thereof1 7,,viii7 except as otherwise provided by the ,secretary1 any income and gain from the sale or other disposition 7including the deemed sale or other deemed disposition7 of property giving rise to rents or royalties derived in the active conduct of a trade or business1 and 7,,ix7 any disqualified extraterritorial income1 over 1 and 7,b7 by adding at the end the following new subparagraph3 7,c7 ,disqualified extraterritorial income 7i7 ,in general ,for purposes of subparagraph 7,a77i77,,ix71 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 7determined after application of clause 7ii7 but without regard to any election under section #idb7;a77#c7 as in effect before its repeal7 be excluded from the gross income of the corporation with respect to such transaction for such taxable year by reason of section #aad pursuant to the application of subsection 7d7 or 7f7 of section #aja of the ,american ,jobs ,creation ,act of #bjjd4 7ii7 ,election out of extraterritorial income benefits 7,i7 ,in general ,except as provided in subclause 7,,ii71 the corporation referred to in clause 7i7 may make an irrevocable election 7at such time and in such form and manner as the ,secretary may provide7 to have subsections 7d7 and 7f7 of section #aja of the ,american ,jobs ,creation ,act of #bjjd not apply with respect to such corporation for the taxable year for which such election is made and all succeeding taxable years 7applicable with respect to all transactions1 including transactions occurring before such taxable year74 7,,ii7 ,expanded affiliated groups ,in the case of any corporation which is a member of an expanded affiliated group1 the election described in subclause 7,i7 may be made only by the common parent of such group 7or1 in the case of a common parent which is not required to file a return of tax under this chapter1 the delegate of such common parent7 and shall apply with respect to all members of such group4 ,for purposes of the preceding sentence1 the term expanded affiliated group means an affiliated group as defined in section #aejd7;a71 determined without regard to section #aejd7;b77#c7 and by substituting more than #ej percent for at least #hj percent each place it appears4 4 7,c7 ,section #bej7;b77#e77;,e7 is amended by inserting 7other than paragraph 7#c77;,a77i77,,viii77 after ,for purposes of this subsection4 7#b7 ,section #fac;,a7d77#a7 is amended by striking and at the end of subparagraph 7,d71 by striking the period at the end of subparagraph 7,e7 and inserting 1 and1 and by inserting after subparagraph 7,e7 the following new subparagraph3 7,f7 any deduction allowable under section #bej4 4 7d7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 7#b7 ,certain modifications ,the amendments made by subsection 7c7 shall apply to taxable years beginning after the date of the enactment of this ,act4 7e7 ,no inference regarding certain modifications ,the amendments made by subsection 7c7 shall not be construed to create any inference with respect to the proper application of any provision of the ,internal ,revenue ,code of #aihf with respect to any taxable year beginning before the taxable years to which such amendments apply4 7f7 ,transition rule for accelerated percentage reduction 7#a7 ,in general ,in the case of any taxable year which includes ,december #ca1 #bjbb 7other than a taxable year with respect to which such date is the last day of such taxable year7-- 7,a7 the percentage in effect under section #bej7;a77#a77;,a7 of the ,internal ,revenue ,code of #aihf shall be treated as being equal to the sum of-- 7i7 the pre-effective date percentage of #cg4e percent1 plus 7ii7 the post-effective date percentage of #bd4h percent1 and 7,b7 the percentage in effect under section #bej7;a77#a77;,b7 of such ,code shall be treated as being equal to the sum of-- 7i7 the pre-effective date percentage of #ej percent1 plus 7ii7 the post-effective date percentage of #bh4e percent4 7#b7 ,pre- and post-effective date percentages ,for purposes of this subsection1 with respect to any taxable year-- 7,a7 the term pre-effective date percentage means the ratio that the number of days in such taxable year which are before ,january #a1 #bjbc1 bears to the number of days in such taxable year1 and 7,b7 the term post-effective date percentage means the ratio that the number of days in such taxable year which are after ,december #ca1 #bjbb1 bears to the number of days in such taxable year4 #achabb4 ,repeal of election for #a-month deferral in determination of taxable year of specified foreign corporations 7a7 ,in general ,section #hih7;c7 is amended by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b74 7b7 ,effective date ,the amendments made by this section shall apply to taxable years of specified foreign corporations beginning after ,november #cj1 #bjbb4 7c7 ,transition rule ,in the case of a corporation that is a specified foreign corporation as of ,november #cj1 #bjbb1 such corporation's first taxable year beginning after such date shall end at the same time as the first required year 7within the meaning of section #hih7;c77#a7 of the ,internal ,revenue ,code of #aihf7 ending after such date4 ,if any specified foreign corporation is required by this section 7or the amendments made by this section7 to change its taxable year for its first taxable year beginning after ,november #cj1 #bjbb-- 7#a7 such change shall be treated as initiated by such corporation1 7#b7 such change shall be treated as having been made with the consent of the ,secretary1 and 7#c7 the ,secretary 7including the ,secretary's delegate in the case of any reference to the ,secretary in this paragraph7 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 year1 including such adjustments as the ,secretary determines are necessary or appropriate to carry out the purposes of this section4 #achabc4 ,modifications of foreign tax credit rules applicable to certain taxpayers receiving specific economic benefits 7a7 ,in general ,section #ija is amended by redesignating subsection 7n7 as subsection 7o7 and by inserting after subsection 7m7 the following new subsection3 7n7 ,special rules relating to dual capacity taxpayers 7#a7 ,general rule ,notwithstanding any other provision of this chapter1 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-- 7,a7 if1 for such period1 the foreign country or possession does not impose a generally applicable income tax1 or 7,b7 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 taxpayer4 ,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 7,b74 7#b7 ,dual capacity taxpayer ,for purposes of this subsection1 the term dual capacity taxpayer means1 with respect to any foreign country or possession of the ,united ,states1 a person who-- 7,a7 is subject to a levy of such country or possession1 and 7,b7 receives 7or will receive7 directly or indirectly a specific economic benefit from such country or possession 7or any political subdivision1 agency1 or instrumentality thereof74 7#c7 ,generally applicable income tax ,for purposes of this subsection1 the term generally applicable income tax means an income tax 7or a series of income taxes7 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 taxpayers4 4 7b7 ,effective date ,the amendments made by this section shall apply to amounts paid or accrued after ,december #ca1 #bjba4 #achabd4 ,modifications to foreign tax credit limitations 7a7 ,country-by-country application of limitation on foreign tax credit based on taxable units 7#a7 ,in general ,section #ijd is amended by inserting after subsection 7d7 the following new subsection3 7e7 ,country-by-country application based on taxable units 7#a7 ,in general ,subsection 7d7 7and the provisions of this title referred to in paragraph 7#a7 of such subsection7 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 7or1 in the case of a branch1 is located in7 such country4 7#b7 ,taxable units 7,a7 ,in general ,except as otherwise provided by the ,secretary1 each item shall be attributable or otherwise allocable to exactly one taxable unit of the taxpayer4 7,b7 ,determination of taxable units ,except as otherwise provided by the ,secretary1 the taxable units of a taxpayer are as follows3 7i7 ,general taxable unit ,the person that is the taxpayer and that is not otherwise described in a separate clause of this subparagraph4 7ii7 ,certain foreign corporations ,each foreign corporation with respect to which the taxpayer is a ,united ,states shareholder4 7iii7 ,interests in pass-through entities ,each interest held 7directly or indirectly7 by the taxpayer or any controlled foreign corporation referred to in clause 7ii7 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 7as the case may be7 is a tax resident4 7iv7 ,branches ,each branch 7or portion thereof7 the activities of which are directly or indirectly carried on by the taxpayer or any controlled foreign corporation referred to in clause 7ii7 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 7as the case may be7 is a tax resident4 7#c7 ,definitions and special rules ,for purposes of this subsection-- 7,a7 ,tax resident ,except as otherwise provided by the ,secretary1 the term tax resident means a person or entity subject to tax under the tax law of a country as a resident4 ,if an entity is organized under the law of a country1 or resident in a country1 that does not impose an income tax with respect to such entities1 such entity shall1 except as provided by the ,secretary1 be treated as subject to tax under the tax law of such country for the purposes of the preceding sentence4 7,b7 ,pass-through entity ,except as otherwise provided by the ,secretary1 the term pass-through entity includes any partnership or other entity to the extent that income1 gain1 deduction1 or loss of the entity is taken into account in determining the income or loss of a person that owns 7directly or indirectly7 an interest in such entity4 7,c7 ,branch ,except as otherwise provided by the ,secretary1 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 law4 ,the ,secretary shall provide regulations or other guidance applying such term to activities in a country that do not give rise to a taxable presence4 7,d7 ,treatment of fiscally autonomous jurisdictions ,any fiscally autonomous jurisdiction shall be treated as a separate country4 ,any possession of the ,united ,states shall also be treated as a separate country4 7,e7 ,possession of the ,united ,states ,the term possession of the ,united ,states means each of ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,commonwealth of ,puerto ,rico1 ,guam1 and the ,virgin ,islands4 7#d7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out1 or prevent avoidance of1 the purposes of this subsection1 including regulations or other guidance-- 7,a7 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 country1 7,b7 providing for the application of this subsection to hybrid entities or hybrid transactions 7as such terms are used for purposes of section #bfg;,a71 pass-through entities1 passive foreign investment companies1 trusts1 and other entities or arrangements not otherwise described in this subsection1 and 7,c7 providing for the assignment of any item 7including foreign taxes and deductions7 to taxable units1 including in the case of amounts not otherwise taken into account in determining taxable income under this chapter4 4 7#b7 ,application of separate limitation losses with respect to global intangible low-taxed income 7,a7 ,in general ,section #ijd7;f77#e77;,b7 is amended to read as follows3 7,b7 ,allocation of losses ,except as otherwise provided in this subparagraph1 the separate limitation losses for any taxable year 7to the extent such losses do not exceed the separate limitation incomes for such year7 shall be allocated among 7and operate to reduce7 such incomes on a proportionate basis4 ,in the case of a separate limitation loss for any taxable year in any category other than subparagraph 7d77#a77;,a71 the amount of such separate limitation loss shall be allocated among 7and operate to reduce7 separate limitation income in any category other than income described in subparagraph 7d77#a77;,a7 on a proportionate basis 7without regard to income described in subparagraph 7d77#a77;,a774 ,the remaining separate limitation losses may reduce separate limitation income described in subparagraph 7d77#a77;,a7 only to the extent that the aggregate amount of such losses exceeds the aggregate amount of separate limitation incomes 7other than income described in subparagraph 7d77#a77;,a77 for such taxable year4 4 7,b7 ,income category ,section #ijd7;f77#e77;,e77i7 is amended to read as follows3 7i7 ,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 title4 4 7,c7 ,separate limitation loss ,section #ijd7;f77#e77;,e77iii7 is amended to read as follows3 7iii7 ,separate limitation loss ,the term separate limitation loss means1 with respect to any income category1 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 thereto4 4 7b7 ,repeal of separate application to foreign branch income 7#a7 ,in general ,section #ijd7;d77#a7 is amended by striking subparagraph 7,b7 and redesignating subparagraphs 7,c7 and 7,d7 as subparagraph 7,b7 and 7,c74 7#b7 ,coordination with deduction for foreign-derived intangible income ,section #bej7;b77#c77;,a7 is amended-- 7,a7 by striking subclause 7,,vi7 of clause 7i7 and inserting the following new subclause3 7,,vi7 the income which is attributable to #a or more branches 7within the meaning of section #ijd7;e77#c77;,c77 or pass-through entities 7within the meaning of section #ijd7;e77#c77;,b77 in #a or more foreign countries1 over 1 and 7,b7 by adding at the end the following flush sentence3 ,for purposes of clause 7i77,,vi71 the amount of income attributable to a branch or pass-through entity shall be determined under rules established by the ,secretary4 4 7#c7 ,amendments 7,a7 ,section #ijd7;d77#b77;,a77ii7 is amended by striking 1 foreign branch income14 7,b7 ,section #ijd7;d77#b77;,h7 is amended to read as follows3 7,h7 ,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 principles4 4 7,c7 ,section #ijd7;d77#b7 is amended by striking subparagraph 7,j74 7c7 ,modification of foreign tax credit carryback and carryforward 7#a7 ,repeal of carryback ,section #ijd7;c7 is amended-- 7,a7 by striking in the first preceding taxable year1 and1 7,b7 by striking preceding or each place it appears1 and 7,c7 by striking ,carryback and in the heading thereof4 7#b7 ,application to limitation on foreign oil and gas taxes ,section #ijg7;f77#a7 is amended by striking in the first preceding taxable year and4 7#c7 ,application of carryforward to taxes on global intangible low-taxed income 7,a7 ,in general ,section #ijd7;c7 is amended by striking the last sentence4 7,b7 ,temporary limitation of carryforward to #e taxable years ,section #ijd7;c71 as amended by the preceding provisions of this ,act1 is amended-- 7i7 by striking ,any amount by which all taxes and all that precedes it and inserting the following3 7c7 ,carryback and carryover of excess tax paid 7#a7 ,in general ,any amount by which all taxes 1 and 7ii7 by adding at the end the following new paragraph3 7#b7 ,temporary limitation on carryforward of taxes on global intangible low-taxed income 7,a7 ,in general ,in the case of taxes paid or accrued with respect to amounts described in subsection 7d77#a77;,a71 paragraph 7#a7 shall be applied by substituting #e succeeding taxable years for #aj succeeding taxable years4 7,b7 ,termination ,subparagraph 7,a7 shall not apply to any tax paid or accrued in a taxable year beginning after ,december #ca1 #bjcj4 4 7d7 ,treatment of certain tax-exempt dividends 7#a7 ,certain tax-exempt dividends taken into account in applying limitations on foreign tax credits ,section #ijd7;b7 is amended by striking paragraph 7#d74 7#b7 ,certain tax-exempt dividends not taken into account in allocating interest expense ,section #hfd7;e77#c7 is amended by striking or #bde7;a7 and inserting 1 #bde7;a71 or #bde;,a4 7e7 ,rules for allocation of certain deductions to foreign source global intangible low-taxed income for purposes of foreign tax credit limitation ,section #ijd7;b71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#d7 ,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 7a7 with respect to amounts described in subsection 7d77#a77;,a71 the taxpayer's taxable income from sources without the ,united ,states shall be determined-- 7,a7 by allocating and apportioning any deduction allowed under section #bej7;a77#b7 7and any deduction allowed under section #afd7;a77#c7 for taxes imposed on amounts described in section #bej7;a77#b77 to such income1 and 7,b7 by allocating and apportioning any other deduction to such income only if the ,secretary determines that such deduction is directly allocable to such income4 ,any deduction which would 7but for subparagraph 7,b77 have been allocated or apportioned to such income shall only be allocated or apportioned to income which is from sources within the ,united ,states4 4 7f7 ,treatment of certain asset dispositions ,section #ijd7;b71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#e7 ,treatment of certain asset dispositions 7,a7 ,in general ,except as otherwise provided by the ,secretary1 in the case of any covered asset disposition1 the principles of section #cch7;h77#af7 shall apply in determining the source and character of any item for purposes of this part4 7,b7 ,covered asset disposition ,for purposes of this paragraph1 the term covered asset disposition means any transaction which-- 7i7 is treated as a disposition of assets under subchapter ,n of this chapter1 and 7ii7 is treated as a disposition of stock of a corporation 7or is disregarded7 for purposes of the tax laws of a relevant foreign country or possession of the ,united ,states4 7,c7 ,regulations ,the ,secretary shall issue such regulations or other guidance as is necessary or appropriate to carry out1 or to prevent the avoidance of1 the purposes of this paragraph4 4 7g7 ,redetermination of foreign taxes and related claims 7#a7 ,in general ,section #ije7;c7 is amended-- 7,a7 in paragraph 7#a71 by striking or at the end of subparagraph 7,b7 and by inserting after subparagraph 7,c7 the following new subparagraphs3 7,d7 the taxpayer makes a timely change in its choice to claim a credit or deduction for taxes paid or accrued1 or 7,e7 there is any other change in the amount1 or treatment1 of taxes1 which affects the taxpayer's tax liability under this chapter1 1 7,b7 in paragraph 7#b77;,b71 by striking ,any such taxes and inserting ,except as otherwise provided by the ,secretary1 any such taxes1 and 7,c7 by striking accrued in the heading thereof4 7#b7 ,modification to time for claiming credit or deduction ,section #ija7;a7 is amended by striking the second sentence and inserting the following3 ,such choice for any taxable year may be made or changed at any time before the expiration of the applicable period prescribed by section #feaa 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 amounts44 7#c7 ,modification to special period of limitation ,section #feaa7;d77#c7 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 by inserting a change in the liability for before any taxes paid or accrued1 7ii7 by striking actually paid and inserting paid 7or deemed paid under section #ifj71 and 7iii7 by inserting change in the liability for before foreign taxes in the heading thereof1 and 7,b7 in subparagraph 7,b71 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 taxes4 7h7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbb4 7#b7 ,modification of foreign tax credit carryback and carryforward ,the amendments made by subsection 7c7 shall apply to taxes paid or accrued in taxable years beginning after ,december #ca1 #bjbb4 7#c7 ,treatment of certain asset dispositions 7,a7 ,in general ,the amendment made by subsection 7f7 shall apply to transactions after the date of the enactment of this ,act4 7,b7 ,binding contract exception ,the amendment made by subsection 7f7 shall not apply to any transaction which is made pursuant to a written binding contract which was in effect on ,september #ac1 #bjba1 and is not modified in any material respect thereafter4 7#d7 ,redetermination of foreign taxes and related claims 7,a7 ,in general ,except as otherwise provided in this paragraph1 the amendments made by subsection 7g7 shall apply to taxes paid or accrued in taxable years beginning after ,december #ca1 #bjba4 7,b7 ,certain changes ,the amendments made by subparagraphs 7,a7 and 7,c7 of subsection 7g77#a7 shall apply to changes that occur on or after the date which is #fj days after the date of the enactment of this ,act4 7,c7 ,modification to special period of limitation ,the amendments made by subsection 7g77#c7 shall apply to taxes paid1 accrued1 or deemed paid in taxable years beginning after ,december #ca1 #bjba4 7i7 ,regulations ,the ,secretary shall issue regulations or other guidance providing for the application of subsections 7d71 7e71 7f71 and 7g7 of section #ijd of the ,internal ,revenue ,code of #aihf 7as amended by this section7 with respect to amounts carried over under subsections 7c71 7f71 or 7g7 from a taxable year with respect to which subsection 7e7 of such section does not apply to a taxable year with respect to which such subsection 7e7 does apply and from a taxable year with respect to which subsection 7d77#a77;,b7 of such section 7determined without regard to the amendments made by this section7 applies to a taxable year with respect to which such section does not apply4 #achabe4 ,foreign oil and gas extraction income and foreign oil related income to include oil shale and tar sands 7a7 ,in general ,paragraphs 7#a77;,a7 and 7#b77;,a7 of section #ijg7;c7 are each amended by inserting 7or oil shale or tar sands7 after oil or gas wells4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achabf4 ,modifications to inclusion of global intangible low-taxed income 7a7 ,country-by-country application of section based on ,,cfc taxable units ,section #iea;,a is amended by adding at the end the following new subsection3 7g7 ,country-by-country application of section based on ,,cfc taxable units 7#a7 ,in general ,if any ,,cfc taxable unit of a ,united ,states shareholder is a tax resident of 7or1 in the case of a branch1 is located in7 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 7or1 in the case of a branch1 is located in7-- 7,a7 such shareholder's global intangible low-taxed income for purposes of subsection 7a7 shall be the sum of the amounts of global intangible low-taxed income determined separately with respect to each such country1 and 7,b7 for purposes of determining such separate amounts of global intangible low-taxed income-- 7i7 except as otherwise provided by the ,secretary1 any reference in subsection 7b71 7c71 or 7d7 to a controlled foreign corporation of such shareholder shall be treated as reference to a ,,cfc taxable unit of such shareholder1 and 7ii7 net ,,cfc tested income1 net deemed tangible income return1 qualified business asset investment1 interest expense described in subsection 7b77#b77;,b71 and such other items and amounts as the ,secretary may provide1 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 country4 7#b7 ,definitions ,for purposes of this subsection-- 7,a7 ,,cfc taxable unit ,the term ,,cfc taxable unit means any taxable unit described in clause 7ii71 7iii71 or 7iv7 of section #ijd7;e77#b77;,b71 determined-- 7i7 by substituting ,each controlled foreign corporation for ,each foreign corporation in clause 7ii7 of such section1 and 7ii7 without regard to the references to the taxpayer in clauses 7iii7 and 7iv7 of such section4 7,b7 ,application of other definitions ,terms used in this subsection which are also used in section #ijd7;e7 shall have the same meaning as when used in section #ijd7;e74 7#c7 ,special rules ,for purposes of this subsection-- 7,a7 ,application of certain rules ,except as otherwise provided by the ,secretary1 rules similar to the rules of section #ijd7;e7 shall apply4 7,b7 ,allocation of global intangible low-taxed income to controlled foreign corporations ,except as otherwise provided by the ,secretary1 subsection 7f77#b7 shall be applied separately with respect to each ,,cfc taxable unit4 4 7b7 ,regulatory authority 7#a7 ,in general ,section #iea;,a1 as amended by subsection 7a71 is amended by adding at the end the following new subsection3 7h7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out1 or prevent the avoidance of1 the purposes of this section1 including regulations or guidance which provide for-- 7#a7 the treatment of property if such property is transferred1 or held1 temporarily1 7#b7 the treatment of property if the avoidance of the purposes of this section is a factor in the transfer or holding of such property1 7#c7 appropriate adjustments to the basis of stock and other ownership interests1 and to earnings and profits1 to reflect tested losses 7whether or not taken into account in determining global intangible low-taxed income71 7#d7 rules similar to the rules provided under the regulations or guidance issued under section #ijd7;e77#d71 7#e7 other appropriate basis adjustments1 7#f7 appropriate adjustments to be made1 and appropriate tax attributes and records to be maintained1 separately with respect to ,,cfc taxable units1 and 7#g7 appropriate adjustments in determining tested income or tested loss if property is transferred between related parties or amounts are paid or accrued between related parties4 4 7#b7 ,conforming amendment ,section #iea;,a7d7 is amended-- 7,a7 by striking paragraph 7#d71 and 7,b7 by redesignating the second paragraph 7#c7 7relating to partnership property7 as paragraph 7#d74 7c7 ,carryover of net ,,cfc tested loss 7#a7 ,in general ,section #iea;,a7c7 is amended by adding at the end the following new paragraph3 7#c7 ,carryover of net ,,cfc tested loss 7,a7 ,in general ,if the amount described in paragraph 7#a77;,b7 with respect to any ,united ,states shareholder for any taxable year of such ,united ,states shareholder 7determined after the application of this paragraph with respect to amounts arising in preceding taxable years7 exceeds the amount described in paragraph 7#a77;,a7 with respect to such shareholder of such taxable year1 the amount otherwise described in paragraph 7#a77;,b7 with respect to such shareholder for the succeeding taxable year shall be increased by the amount of such excess4 7,b7 ,proper adjustment in allocations of global intangible low-taxed income to controlled foreign corporations ,proper adjustments shall be made in the application of subsection 7f77#b77;,b7 to take into account any decrease in global intangible low-taxed income by reason of the application of subparagraph 7,a74 4 7#b7 ,coordination with country-by-country application ,section #iea;,a7g77#a77;,b77ii71 as added by subsection 7a71 is amended by inserting any increase determined under subsection 7c77#c77;,a71 after interest expense described in subsection 7b77#b77;,b714 7#c7 ,application of rules with respect to ownership changes ,section #chb7;d7 is amended by adding at the end the following new paragraph3 7#d7 ,application to carryover of net ,,cfc tested loss ,the term pre-change loss shall include any excess carried over under section #iea;,a7c77#c7 under rules similar to the rules of paragraph 7#a74 4 7d7 ,reduction in net deemed tangible income return for purposes of determining global intangible low-taxed income 7#a7 ,in general ,section #iea;,a7b77#b77;,a7 is amended by striking #aj percent and inserting #e percent4 7#b7 ,application to assets located in possessions of the ,united ,states ,section #iea;,a7b7 is amended by adding at the end the following new paragraph3 7#c7 ,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 ,states1 paragraph 7#b77;,a7 and subsection 7d7 shall be applied by substituting #aj percent for #e percent in paragraph 7#b77;,a74 4 7e7 ,inclusion of foreign oil and gas extraction income in determining tested income and loss ,section #iea;,a7c77#b77;,a77i7 is amended by inserting and at the end of subclause 7,,iii71 by striking and at the end of subclause 7,,iv7 and inserting over1 and by striking subclause 7,v74 7f7 ,coordination with other provisions ,section #iea;,a7f77#a7 is amended by adding at the end the following new subparagraph3 7,c7 ,treatment of certain references ,except as otherwise provided by the ,secretary1 references to section #iea or section #iea7;a7 in sections #iei1 #ifa1 #ifb1 and such other provisions as the ,secretary may identify shall include references to section #iea;,a or section #iea;,a7a71 respectively4 4 7g7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to taxable years of foreign corporations beginning after ,december #ca1 #bjbb1 and to taxable years of ,united ,states shareholders in which or with which such taxable years of foreign corporations end4 7#b7 ,regulatory authority and coordination with other provisions ,the amendments made by subsections 7b7 and 7f7 shall apply to taxable years of foreign corporations beginning after the date of the enactment of this ,act1 and to taxable years of ,united ,states shareholders in which or with which such taxable years of foreign corporations end4 7h7 ,no inference regarding certain modifications ,the amendments made by subsections 7b7 and 7f7 shall not be construed to create any inference with respect to the proper application of any provision of the ,internal ,revenue ,code of #aihf with respect to any taxable year beginning before the taxable years to which such amendments apply4 #achabg4 ,modifications to determination of deemed paid credit for taxes properly attributable to tested income 7a7 ,increase in deemed paid credit ,section #ifj7;d77#a7 is amended by striking #hj percent and inserting #ie percent 7#ajj percent in the case of tested foreign income taxes paid or accrued to a possession of the ,united ,states74 7b7 ,inclusion of taxes properly attributable to tested loss 7#a7 ,in general ,section #ifj7;d77#c7 is amended to read as follows3 7#c7 ,tested foreign income taxes ,for purposes of paragraph 7#a71 the term tested foreign income taxes means1 with respect to any domestic corporation which is a ,united ,states shareholder of a controlled foreign corporation-- 7,a7 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 #iea;,a1 and 7,b7 solely to the extent provided in regulations prescribed by the ,secretary1 the foreign income taxes 7as so defined7 paid or accrued by a foreign corporation 7other than a controlled foreign corporation7 which owns1 directly or indirectly1 #hj percent or more 7by vote or value7 of the stock in such domestic corporation but only if-- 7i7 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 #iea;,a7c77#b71 and 7ii7 no credit is allowed1 in whole or in part1 for such foreign taxes in any foreign jurisdiction4 4 7#b7 ,conforming amendment ,section #ifj7;d77#b77;,b7 is amended by striking the aggregate amount described in section #iea;,a7c77#a77;,a7 and inserting the net ,,cfc tested income 7as defined in section #iea;,a7c77#a774 7c7 ,application of foreign tax credit limitation to amounts included under section #gh 7#a7 ,section #ijd7;d77#b7 is amended by redesignating subparagraph 7,k7 as subparagraph 7,l7 and by inserting after subparagraph 7,j7 the following new subparagraph3 7,k7 ,amounts includible under section #gh ,any amount includible in gross income under section #gh shall be treated as income in the same separate category as the related foreign taxes deemed paid4 4 7#b7 ,section #ijd7;d77#c77;,g7 is amended by striking the second sentence and inserting the following3 ,any amount included in gross income under section #gh shall not be treated as a dividend44 7d7 ,disallowance of foreign tax credit with respect to distributions of previously taxed global intangible low-taxed income ,section #ifj7;d7 is amended by adding at the end the following new paragraph3 7#d7 ,disallowance of foreign tax credit with respect to distributions of previously taxed global intangible low-taxed income ,no credit shall be allowed under section #ija for #bj percent of any foreign income taxes paid or accrued 7or deemed paid under section #ifj7;b77#a77 with respect to any amount excluded from gross income under section #iei7;a7 by reason of an inclusion in gross income under section #iea;,a7a74 4 7e7 ,modification of disallowance of foreign tax credit respect to distributions of previously taxed global intangible low-taxed income ,section #ifj7;d77#d71 as added by subsection 7d71 is amended by striking #bj percent and inserting #e percent4 7f7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to taxable years of foreign corporations beginning after ,december #ca1 #bjbb1 and to taxable years of ,united ,states shareholders in which or with which such taxable years of foreign corporations end4 7#b7 ,subsections 7c7 and 7d7 ,the amendments made by subsections 7c7 and 7d7 shall apply to taxable years of foreign corporations beginning after the date of the enactment of this ,act1 and to taxable years of ,united ,states shareholders in which or with which such taxable years of foreign corporations end4 7g7 ,no inference regarding certain modifications ,the amendments made by subsections 7c7 and 7d7 shall not be construed to create any inference with respect to the proper application of any provision of the ,internal ,revenue ,code of #aihf with respect to any taxable year beginning before the taxable years to which such amendments apply4 #achabh4 ,deduction for foreign source portion of dividends limited to controlled foreign corporations1 etc 7a7 ,in general ,section #bde;,a is amended-- 7#a7 in subsections 7a71 7c77#a71 and 7c77#b71 by striking specified #aj-percent owned foreign corporation each place it appears and inserting controlled foreign corporation1 and 7#b7 by striking subsection 7b74 7b7 ,modifications related to determination of status as a controlled foreign corporation 7#a7 ,subpart ,f of part ,,iii of subchapter ,n of chapter #a is amended by inserting after section #iea;,a the following new section3 #iea;,b4 ,amounts included in gross income of foreign controlled ,united ,states shareholders 7a7 ,in general ,in the case of any foreign controlled ,united ,states shareholder of a foreign controlled foreign corporation-- 7#a7 this subpart 7other than sections #iea;,a1 #iea7;b71 and #ieg7 shall be applied with respect to such shareholder 7separately from1 and in addition to1 the application of this subpart without regard to this section7-- 7,a7 by substituting foreign controlled ,united ,states shareholder for ,united ,states shareholder each place it appears therein1 and 7,b7 by substituting foreign controlled foreign corporation for controlled foreign corporation each place it appears therein1 and 7#b7 section #iea;,a shall be applied with respect to such shareholder -- 7,a7 by treating each reference to ,united ,states shareholder in such sections as including a reference to such shareholder1 and 7,b7 by treating each reference to controlled foreign corporation in such sections as including a reference to such foreign controlled foreign corporation4 7b7 ,foreign controlled ,united ,states shareholder ,for purposes of this section1 the term foreign controlled ,united ,states shareholder means1 with respect to any foreign corporation1 any ,united ,states person which would be a ,united ,states shareholder with respect to such foreign corporation if-- 7#a7 section #iea7;b7 were applied by substituting more than #ej percent for #aj percent or more1 and 7#b7 section #ieh7;b7 were applied without regard to paragraph 7#d7 thereof4 7c7 ,foreign controlled foreign corporation ,for purposes of this section1 the term foreign controlled foreign corporation means a foreign corporation1 other than a controlled foreign corporation1 which would be a controlled foreign corporation if section #ieg7;a77#a7 were applied-- 7#a7 by substituting foreign controlled ,united ,states shareholders for ,united ,states shareholders1 and 7#b7 by substituting section #ieh7;b7 7other than paragraph 7#d7 thereof7 for section #ieh7;b74 7d7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section1 including regulations or other guidance-- 7#a7 to treat a foreign controlled ,united ,states shareholder or a foreign controlled foreign corporation as a ,united ,states shareholder or as a controlled foreign corporation1 respectively1 for purposes of provisions of this title other than this subpart1 and 7#b7 to prevent the avoidance of the purposes of this section4 4 7#b7 ,section #ieg7;a7 is amended to read as follows3 7a7 ,controlled foreign corporation ,for purposes of this title-- 7#a7 ,in general ,the term controlled foreign corporation means any foreign corporation if more than #ej percent of-- 7,a7 the total combined voting power of all classes of stock of such corporation entitled to vote1 or 7,b7 the total value of the stock of such corporation1 is owned 7within the meaning of section #ieh7;a771 or is considered as owned by applying the rules of ownership of section #ieh7;b71 by ,united ,states shareholders on any day during the taxable year of such foreign corporation4 7#b7 ,election to treat a foreign corporation as a controlled foreign corporation for certain purposes 7,a7 ,in general ,in the case of a foreign corporation with respect to which an election is in effect under this paragraph1 such foreign corporation shall be treated as a controlled foreign corporation for purposes of this title4 7,b7 ,exceptions ,notwithstanding any other provision of this paragraph1 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 subchapter4 7,c7 ,election 7i7 ,by whom ,an election under subparagraph 7,a7 shall be effective only if made by the foreign corporation and by all ,united ,states shareholders of such foreign corporation 7determined as of the time of such election by such foreign corporation74 7ii7 ,with respect to whom ,any election under this paragraph1 once effective1 shall apply to such foreign corporation and to all ,united ,states shareholders of such foreign corporation 7including any person who becomes a ,united ,states shareholder of such foreign corporation after such election takes effect74 7iii7 ,time1 manner1 etc ,the election under this paragraph shall be made at such time and in such manner as the ,secretary may provide and1 once effective1 may be revoked only with the consent of the ,secretary4 7,d7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph1 including regulations or other guidance for the application of this paragraph to an acquisition described in section #cha7;a7 with respect to any corporation to which an election under this paragraph applies4 4 7#c7 ,section #ieh7;b7 is amended-- 7,a7 by inserting after paragraph 7#c7 the following3 7#d7 ,subparagraphs 7,a71 7,b71 and 7,c7 of section #cah7;a77#c7 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 person4 1 and 7,b7 by striking ,paragraph 7#a7 in the last sentence and inserting ,paragraphs 7#a7 and 7#d74 7#d7 ,section #iei7;b7 is amended-- 7,a7 by striking the earnings and profits of a controlled foreign corporation and inserting the earnings and profits of a foreign corporation1 7,b7 by striking another controlled foreign corporation and inserting a controlled foreign corporation1 7,c7 by striking such other controlled foreign corporation and inserting such controlled foreign corporation1 and 7,d7 by striking of such ,united ,states shareholder in the controlled foreign corporation and inserting of such ,united ,states shareholder in the foreign corporation4 7#e7 ,the table of sections for subpart ,f of part ,,iii of subchapter ,n of chapter #a is amended by inserting after the item relating to section #iea;,a the following new item3 ,sec4 #iea;,b4 ,amounts included in gross income of foreign controlled ,united ,states shareholders4 4 7c7 ,certain other modifications 7#a7 ,section #bde;,a7e77#d7 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 deduction4 7#b7 ,section #bde;,a7g7 is amended to read as follows3 7g7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section1 including regulations or other guidance for-- 7#a7 the treatment of ,united ,states shareholders owning stock of a controlled foreign corporation through a partnership1 and 7#b7 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-- 7,a7 any portion of the dividend is out of earnings and profits arising from transactions with related parties which-- 7i7 do not occur in the ordinary course of a trade or business1 and 7ii7 occur on or after ,january #a1 #bjah1 and during a taxable year to which section #iea;,a did not apply1 or 7,b7 a transfer or issuance of stock on or after ,january #a1 #bjah1 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 7as defined in section #iea;,a74 4 7d7 ,conforming amendments 7#a7 ,section #ia is amended-- 7,a7 in subsection 7a71 by striking specified #aj-percent owned foreign corporation 7as defined in section #bde;,a7 and inserting controlled foreign corporation1 and 7,b7 in subsection 7e71 by striking specified #aj-percent owned foreign corporation and inserting controlled foreign corporation4 7#b7 7,a7 ,the heading of section #bde;,a is amended by striking specified #aj-percent owned foreign corporations and inserting controlled foreign corporations4 7,b7 ,the item relating to section #bde;,a in the table of sections for part ,,viii of subchapter ,b of chapter #a is amended by striking specified #aj-percent owned foreign corporations and inserting controlled foreign corporations4 7#c7 ,section #bdf7;c77#e7 is amended-- 7,a7 in subparagraph 7,b71 by striking specified #aj-percent owned foreign corporation each place it appears and inserting controlled foreign corporation1 and 7,b7 by striking specified #aj-percent owned foreign corporation in the heading and inserting controlled foreign corporation4 7#d7 ,section #ijd is amended-- 7,a7 in subsection 7b77#d71 by striking specified #aj-percent owned foreign corporation both places it appears and inserting controlled foreign corporation1 and 7,b7 in subsection 7d77#b77;,e7-- 7i7 in clause 7i77,i71 by striking 7as defined in section #bde;,a7b771 and 7ii7 by redesignating clause 7ii7 as clause 7iii7 and by inserting after clause 7i7 the following new clause3 7ii7 ,specified #aj-percent owned foreign corporation ,for purposes of this subparagraph-- 7,i7 ,in general ,the term specified #aj-percent owned foreign corporation means any foreign corporation with respect to which any domestic corporation is a ,united ,states shareholder with respect to such corporation4 7,,ii7 ,exclusion of passive foreign investment companies ,such term shall not include any corporation which is a passive foreign investment company 7as defined in section #abig7 with respect to the shareholder and which is not a controlled foreign corporation4 4 7#e7 ,section #iji7;b7 is amended by striking 7as defined in section #bde;,a7b7 without regard to paragraph 7#b7 thereof7 and inserting 7as defined in section #ijd7;d77#b77;,e77ii7 without regard to subclause 7,,ii7 thereof74 7#f7 ,section #ifa7;d7 is amended-- 7,a7 by striking specified #aj-percent owned foreign corporation 7as defined in section #bde;,a7 and inserting controlled foreign corporation1 and 7,b7 by striking specified #aj-percent owned foreign corporation in the heading and inserting controlled foreign corporation4 7e7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to distributions made after the date of the enactment of this ,act4 7#b7 ,modifications related to determination of status as a controlled foreign corporation ,the amendments made by subsection 7b7 shall apply to taxable years of foreign corporations beginning after the date of the enactment of this ,act1 and taxable years of ,united ,states persons in which or with which such taxable years of foreign corporations end4 7f7 ,no inference regarding certain modifications ,the amendments made by subsections 7b77#a71 7b77#c71 7b77#e71 and 7c7 shall not be construed to create any inference with respect to the proper application of any provision of the ,internal ,revenue ,code of #aihf with respect to distributions made1 or taxable years beginning1 respectively1 before the distributions or taxable years1 respectively1 to which such amendments apply4 #achabi4 ,limitation on foreign base company sales and services income 7a7 ,foreign base company sales income 7#a7 ,in general ,section #ied7;d77#b7 is amended to read as follows3 7#b7 ,limitation and regulatory authority 7,a7 ,in general ,for purposes of this subsection1 the term related person shall not include any person unless such person is-- 7i7 a taxable unit which is a tax resident of 7or1 in the case of a branch1 is located in7 the ,united ,states1 or 7ii7 is subject to tax under this chapter by reason of such person's activities in the ,united ,states4 7,b7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subsection 7and subsection 7e771 including-- 7i7 regulations or other guidance providing for the proper application of subparagraph 7,a7 in the case of a transaction 7or series of transactions7 in which a person described in subparagraph 7,a7 is a party1 and 7ii7 regulations or other guidance providing that a pass-through entity or branch held directly or indirectly by a controlled foreign corporation 7whether tax resident or located inside or outside the country in which the controlled foreign corporation is a tax resident7 shall be treated as a wholly owned subsidiary of the controlled foreign corporation4 7,c7 ,certain terms ,any term used in this subsection or subsection 7e7 which is also used in section #ijd7;e7 shall have the same meaning as when used in such section4 4 7#b7 ,conforming amendment ,section #ied7;d77#a77;,a7 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 resident4 7b7 ,foreign base company services income 7#a7 ,in general ,section #ied7;e77#a77;,a7 is amended by striking subsection 7d77#c7 and inserting subsection 7d74 7#b7 ,conforming amendment ,section #ied7;e77#a77;,b7 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 resident4 7c7 ,certain other modifications 7#a7 ,section #gh is amended by striking 1 7b714 7#b7 7,a7 ,section #iea7;a7 is amended to read as follows3 7a7 ,amounts included 7#a7 ,in general ,if a foreign corporation is a controlled foreign corporation on any day during a taxable year1 every person who is a ,united ,states shareholder of such corporation1 and who owns 7within the meaning of section #ieh7;a77 stock in such corporation on any such day1 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-- 7,a7 his pro rata share 7determined under paragraph 7#b77 of the corporation's subpart ,f income for such year1 and 7,b7 if such shareholder owns 7within the meaning of section #ieh7;a77 stock of such foreign corporation as of the close of the last relevant day of such foreign corporation's taxable year1 the amount determined under section #ief with respect to such shareholder for such year 7but only to the extent not excluded from gross income under section #iei7;a77#b774 7#b7 ,pro rata share of subpart ,f income ,in the case of any ,united ,states shareholder with respect to a foreign corporation1 the pro rata share referred to in paragraph 7#a77;,a7 is the sum of-- 7,a7 if such shareholder owns 7within the meaning of section #ieh7;a77 stock of such foreign corporation as of the close of the last relevant day of such foreign corporation's taxable year1 such shareholder's general pro rata share determined under paragraph 7#c71 plus 7,b7 if such shareholder owns 7within the meaning of section #ieh7;a77 stock of such foreign corporation during such taxable year but does not own 7within the meaning of section #ieh7;a77 such stock as of the close of such last relevant day1 such shareholder's nontaxed current dividend share determined under paragraph 7#d74 7#c7 ,general pro rata share 7,a7 ,in general ,in the case of any ,united ,states shareholder with respect to a foreign corporation1 the general pro rata share determined under this paragraph is the excess 7if any7 of-- 7i7 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 7reduced by the aggregate nontaxed current dividend shares determined under paragraph 7#d7 with respect to such shareholder or any other ,united ,states shareholder7 as the part of such year during which such corporation is a controlled foreign corporation bears to the entire year1 over 7ii7 the lesser of-- 7,i7 the amount of any pre-holding period dividends with respect to stock of such foreign corporation which such shareholder owns 7within the meaning of section #ieh7;a77 as of the close of the last relevant day of such foreign corporation's taxable year1 or 7,,ii7 the amount which bears the same ratio to the subpart ,f income of such corporation for the taxable year 7reduced by the aggregate nontaxed current dividend shares determined under paragraph 7#d7 with respect to such shareholder or any other ,united ,states shareholder7 as the part of such year during which such shareholder did not own 7within the meaning of section #ieh7;a77 such stock bears to the entire year4 7,b7 ,pro rata current earnings percentage ,for purposes of subparagraph 7,a77i71 the term pro rata current earnings percentage means1 in the case of any ,united ,states shareholder with respect to a foreign corporation for any taxable year of such foreign corporation1 the ratio 7expressed as a percentage7 of-- 7i7 the amount which would have been distributed with respect to the stock which such shareholder owns 7within the meaning of section #ieh7;a77 in such corporation if on the last relevant day of such taxable year it had distributed its earnings and profits for such taxable year 7computed as of the close of such taxable year without diminution by reason of any distributions made during such taxable year71 divided by 7ii7 such corporation's earnings and profits for such taxable year 7as so computed74 7,c7 ,pre-holding period dividends ,for purposes of subparagraph 7,a77ii77,i71 the term pre-holding period dividends means1 in the case of any ,united ,states shareholder with respect to a foreign corporation for any taxable year of such foreign corporation1 dividends which are-- 7i7 made out of such corporation's earnings and profits for the taxable year 7other than nontaxed current dividends as defined in paragraph 7#d77;,c771 and 7ii7 received-- 7,i7 by any other ,united ,states person with respect to stock of such foreign corporation which such shareholder owns 7within the meaning of section #ieh7;a77 as of the close of the last relevant day of such foreign corporation's taxable year1 and 7,,ii7 while such foreign corporation was a controlled foreign corporation and before such shareholder owned 7within the meaning of section #ieh7;a77 such stock4 7#d7 ,nontaxed current dividend share 7,a7 ,in general ,in the case of any ,united ,states shareholder with respect to a foreign corporation1 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 year4 7,b7 ,nontaxed current dividend percentage ,for purposes of this paragraph1 the term nontaxed current dividend percentage means1 in the case of any ,united ,states shareholder with respect to a foreign corporation for any taxable year of such foreign corporation1 the ratio 7expressed as a percentage7 of-- 7i7 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 7within the meaning of section #ieh7;a77 at the time of the dividend on a day in which such corporation is a controlled foreign corporation1 divided by 7ii7 such foreign corporation's earnings and profits for such taxable year 7computed as of the close of such taxable year without diminution by reason of any distributions made during such taxable year74 7,c7 ,nontaxed current dividends ,for purposes of this paragraph1 the term nontaxed current dividends means the portion of any amount received with respect to stock to the extent such amount 7without regard to amounts included in the gross income of a ,united ,states shareholder for the taxable year by reason of this subpart7-- 7i7 would result in a dividend out of the corporation's earnings and profits for the taxable year 7including a dividend under section #abdh attributable to earnings and profits for the taxable year71 and 7ii7 either-- 7,i7 would give rise to a deduction under section #bde;,a7a71 or 7,,ii7 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 #ieh7;a77#b71 would not result in subpart ,f income with respect to such controlled foreign corporation by reason of subsection 7b77#d71 7c77#c71 or 7c77#f7 of section #ied4 7#e7 ,last relevant day of taxable year of a controlled foreign corporation ,for purposes of this subsection1 the term last relevant day means1 with respect to any taxable year of a foreign corporation1 the last day of such taxable year on which such corporation is a controlled foreign corporation4 7#f7 ,regulations ,the ,secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subsection1 including regulations or other guidance-- 7,a7 to treat a partnership as an aggregate of its partners1 7,b7 to provide rules allowing a foreign corporation to close its taxable year upon a change in ownership1 and 7,c7 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 stock4 4 7,b7 ,section #iea;,a7a7 is amended to read as follows3 7a7 ,in general ,if a foreign corporation is a controlled foreign corporation on any day during a taxable year1 every person who is a ,united ,states shareholder of such corporation1 and who owns 7within the meaning of section #ieh7;a77 stock in such corporation on any such day1 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 ends1 such shareholder's global intangible low-taxed income for such taxable year4 4 7,c7 ,section #iea;,a7e7 is amended to read as follows3 7e7 ,determination of pro rata shares ,for purposes of this section1 the pro rata shares referred to in subsections 7b71 7c77#a77;,a71 and 7c77#a77;,b71 respectively1 shall be determined under rules similar to the rules of section #iea7;a77#b7 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 ends4 4 7,d7 ,section #iec7;c77#e77;,a77i7 is amended-- 7i7 in subclause 7,i71 by adding and at the end1 7ii7 in subclause 7,,ii7-- 7,i7 by striking on the last day of the taxable year and inserting during the taxable year1 and 7,,ii7 by striking and at the end and inserting or1 and 7iii7 by striking subclause 7,,iii74 7#c7 ,section #iei is amended by adding at the end the following3 7g7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section4 4 7#d7 ,section #ifa7;b77#a7 is amended by inserting after the first sentence the following3 ,the ,secretary shall prescribe such other reductions to basis as are necessary or appropriate to carry out the purposes of this section44 7#e7 ,section #ifa7;c7 is amended-- 7,a7 by striking ,basis adjustments in in the heading of such subsection and inserting ,application of rules to1 and 7,b7 by striking then adjustments similar to and all that follows in such subsection and inserting then rules similar to the rules of subsections 7a7 and 7b7 shall apply to-- 7#a7 such stock1 7#b7 stock in any other controlled foreign corporation by reason of which the ,united ,states shareholder is considered under section #ieh7;a77#b7 as owning the stock described in paragraph 7#a71 and 7#c7 property by reason of which the ,united ,states shareholder is considered as owning stock described in paragraph 7#a7 or 7#b71 but only for purposes of determining the amount included under section #iea in the gross income of such ,united ,states shareholder 7or 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 stock1 but only to the extent of such portion1 and subject to such proof of identity of such interest as the ,secretary may prescribe by regulations74 ,the preceding sentence shall not apply with respect to any stock or property to which subsection 7a7 or 7b7 applies4 4 7d7 ,effective dates ,the amendments made by this section shall apply to taxable years of foreign corporations beginning after ,december #ca1 #bjba1 and to taxable years of ,united ,states shareholders in which or with which such taxable years of foreign corporations end4 7e7 ,no inference regarding certain modifications ,the amendments made by paragraphs 7#a7 and 7#b7 of subsection 7c7 shall not be construed to create any inference with respect to the proper application of any provision of the ,internal ,revenue ,code of #aihf with respect to any taxable year beginning before the taxable years to which such amendments apply4 ,d ,inbound international provisions #achaca4 ,modifications to base erosion and anti-abuse tax 7a7 ,modifications to base erosion minimum tax amount 7#a7 ,modification of rates ,section #ei;,a7b77#a77;,a7 is amended by striking #aj percent 7#e percent in the case of taxable years beginning in calendar year #bjah7 and inserting the applicable percentage4 7#b7 ,base erosion minimum tax amount determined without regard to credits ,section #ei;,a7b77#a77;,b7 is amended to read as follows3 7,b7 an amount equal to the regular tax liability 7as defined in section #bf7;b77 of the taxpayer for the taxable year4 4 7#c7 ,applicable percentage ,section #ei;,a7b77#b7 is amended to read as follows3 7#b7 ,applicable percentage ,for purposes of this section1 the term applicable percentage means-- 7,a7 in the case of any taxable year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbc1 #aj percent1 7,b7 in the case of any taxable year beginning after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 #ab4e percent1 7,c7 in the case of any taxable year beginning after ,december #ca1 #bjbc1 and before ,january #a1 #bjbe1 #ae percent1 and 7,d7 in the case of any taxable year beginning after ,december #ca1 #bjbd1 #ah percent4 4 7#d7 ,taxpayers subject to rules for banks and securities dealers ,section #ei;,a7b77#c77;,b7 is amended to read as follows3 7,b7 ,taxpayer described ,a taxpayer is described in this subparagraph if such taxpayer is-- 7i7 a bank 7as defined in section #ehe7;a77#b771 7ii7 a securities dealer registered under section #ae7;a7 of the ,securities ,exchange ,act of #aicd1 or 7iii7 a member of an affiliated group 7as defined in section #aejd7;a77#a71 determined without regard to section #aejd7;b77#c77 which includes any person described in clause 7i7 or 7ii74 4 7#e7 ,termination of increased rate for banks and securities dealers ,section #ei;,a7b77#c7 is amended by adding at the end the following new subparagraph3 7,c7 ,termination ,subparagraph 7,a7 shall not apply to any taxable year beginning after ,december #ca1 #bjbd4 4 7#f7 ,general business credit allowed against base erosion and anti-abuse tax ,section #ch7;c77#a7 is amended by striking the tax imposed by section #ee and inserting the taxes imposed by sections #ee and #ei;,a4 7#g7 ,conforming amendments 7,a7 ,section #ei;,a7b77#c77;,a7 is amended by striking paragraphs 7#a77;,a7 and 7#b77;,a7 shall each and inserting paragraph 7#b7 shall4 7,b7 ,section #ei;,a7b7 is amended by striking paragraph 7#d74 7b7 ,modification of rules for determining modified taxable income 7#a7 ,in general ,section #ei;,a7c7 is amended to read as follows3 7c7 ,modified taxable income ,for purposes of this section-- 7#a7 ,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 adjustments3 7,a7 ,base erosion payments ,taxable income shall be determined without regard to any base erosion tax benefit1 including for purposes of determining the adjusted basis of property described in subsection 7d77#b74 7,b7 ,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 7,a7 or 7,b7 of subsection 7d77#e74 7,c7 ,net operating losses ,the net operating loss deduction for the taxable year under section #agb shall be determined-- 7i7 by substituting modified taxable income 7as determined under section #ei;,a7c77#a7 without regard to subparagraph 7,c7 thereof7 for taxable income in section #agb7;a77#b77;,b77ii77,i71 7ii7 by determining any net operating loss arising in any taxable year beginning after ,december #ca1 #bjba1 without regard to any base erosion tax benefit 7determined with respect to each such taxable year71 and 7iii7 by making appropriate adjustments in the application of section #agb7;b77#b7 to take into account clauses 7i7 and 7ii7 of this subparagraph4 7,d7 ,application of certain other adjustments ,except as otherwise provided by the ,secretary1 rules similar to the rules of subsections 7g7 and 7h7 of section #ei shall apply4 7#b7 ,base erosion tax benefit ,the term base erosion tax benefit means-- 7,a7 any deduction allowed under this chapter for the taxable year with respect to any base erosion payment described in subsection 7d77#a71 7,b7 in the case of a base erosion payment described in subsection 7d77#b71 any deduction allowed under this chapter for the taxable year for depreciation 7or amortization in lieu of depreciation7 with respect to property referred to in subparagraph 7,a7 or 7,b7 of such subsection to the extent of the amounts described in such subsection with respect to such property1 7,c7 in the case of a base erosion payment described in subsection 7d77#c7-- 7i7 any reduction under section #hjc7;a77#a77;,b7 in the gross amount of premiums and other consideration on insurance and annuity contracts for premiums and other consideration arising out of indemnity insurance1 and 7ii7 any deduction under section #hcb7;b77#d77;,a7 from the amount of gross premiums written on insurance contracts during the taxable year for premiums paid for reinsurance1 and 7,d7 in the case of a base erosion payment described in subsection 7d77#d71 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 chapter4 4 7#b7 ,certain payments with respect to property produced by the taxpayer ,section #ei;,a7d77#b7 is amended to read as follows3 7#b7 ,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-- 7,a7 the acquisition by the taxpayer from such person of property of a character subject to the allowance for depreciation 7or amortization in lieu of depreciation71 or 7,b7 property produced by the taxpayer that is of a character subject to the allowance for depreciation 7or amortization in lieu of depreciation7 if such amount is required to be capitalized under section #bfc;,a1 including payments in respect of indebtedness or services4 4 7#c7 ,certain payments with respect to inventory treated as base erosion payments ,section #ei;,a7d7 is amended by redesignating paragraph 7#e7 as paragraph 7#f7 and by inserting after paragraph 7#d7 the following new paragraph3 7#e7 ,certain payments with respect to inventory 7,a7 ,indirect costs included in inventory under section #bfc;,a ,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 7#b77;,b7 of section #bfc;,a7a7 and required to be included in inventory costs of the taxpayer under paragraph 7#a77;,a7 of such section4 ,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 7or amortization in lieu of depreciation71 and the depreciation 7or amortization in lieu of depreciation7 is required to be included in inventory costs of the taxpayer under section #bfc;,a7a77#a77;,a74 7,b7 ,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 taxpayer1 is described in paragraph 7#b77;,a7 of section #bfc;,a7a71 and is required to be included in inventory costs of the taxpayer under paragraph 7#a77;,a7 of such section1 as exceeds the sum of-- 7i7 the direct costs of such property in the hands of such foreign person1 plus 7ii7 so much of the costs described in section #bfc;,a7a77#b77;,b7 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-- 7,i7 paid or incurred by such foreign person to a ,united ,states person or a person which is not a related party of the taxpayer1 or 7,,ii7 otherwise subject to the tax imposed by this chapter4 7,c7 ,application to related-party transactions ,in the case of direct costs otherwise described in clause 7i7 of subparagraph 7,b7 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 taxpayer1 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-- 7i7 paid or incurred 7directly or indirectly7 to a ,united ,states person or a person which is not a related party of the taxpayer1 or 7ii7 otherwise subject to the tax imposed by this chapter4 7,d7 ,safe harbor with respect to indirect costs of foreign related parties ,in the case of a taxpayer which elects the application of this subparagraph 7at such time1 in such manner1 and with respect to such inventory property1 as the ,secretary may provide71 the amount described in subparagraph 7,b77ii7 with respect to such property shall be treated for purposes of this section as being equal to #bj percent of the amount paid or incurred by the taxpayer to the related party of the taxpayer in connection with the acquisition of such property4 7,e7 ,application of certain rules ,rules similar to the rules of subparagraphs 7,b7 and 7,c7 of subsection 7i77#a7 shall apply for purposes of determining whether any amount is treated as subject to the tax imposed by this chapter for purposes of subparagraph 7,b7 or 7,c7 of this paragraph4 4 7#d7 ,expansion and consolidation of rules to exempt certain payments from treatment as base erosion payments 7,a7 ,in general ,section #ei;,a is amended by redesignating subsection 7i7 as subsection 7j7 and by inserting after subsection 7h7 the following new subsection3 7i7 ,certain payment not treated as base erosion payments 7#a7 ,exception for payments on which tax is imposed 7,a7 ,in general ,an amount shall not be treated as a base erosion payment if tax is 7or was at the time of payment or accrual7 imposed by this chapter with respect to such amount 7other than by this section74 7,b7 ,treatment of certain deductions ,for purposes of subparagraph 7,a71 tax shall be treated as imposed by this chapter without regard to any deduction allowed under part ,,viii of subchapter ,b4 7,c7 ,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 #afc7;j77#e7 7as in effect before the date of the enactment of ,public ,law #aae-ig74 7#b7 ,exception for certain payments subject to sufficient foreign tax 7,a7 ,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 7as defined in section #ijd7;d77#b77;,f77 which is not less than the lesser of-- 7i7 #ae percent1 or 7ii7 the applicable percentage in effect under subsection 7b77#b7 7determined without regard to subsection 7b77#c77 for the taxable year in which such amount is paid or accrued4 7,b7 ,certain payments to related parties ,to the extent provided by the ,secretary in regulations1 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 7as defined in section #ijd7;d77#b77;,f77 which is less than the lesser of #ae percent or the percentage described in subparagraph 7,a77ii71 to the extent the amount so paid directly or indirectly funds a payment to such second foreign person4 7,c7 ,determination on basis of applicable financial statements ,except as otherwise provided by the ,secretary under subparagraph 7,d71 the effective rate of foreign income tax with respect to any amount may be established on the basis of applicable financial statements 7as defined in section #dea7;b77#c774 7,d7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph1 including regulations or other guidance providing procedures for determining the effective rate of foreign income tax to which any amount is subject4 ,such procedures may require that any transaction or series of transactions among multiple parties be recharacterized as one or more transactions directly among any #b or more of such parties where the ,secretary determines that such recharacterization is appropriate to carry out1 or prevent avoidance of1 the purposes of this section4 7#c7 ,exception for certain amounts with respect to services ,subsections 7d77#a7 and 7d77#e77;,a7 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 services4 ,the preceding sentence shall not apply unless such services meet the requirements for eligibility for use of the services cost method under section #dhb 7determined without regard to the requirement that the services not contribute significantly to fundamental risks of business success or failure74 4 7,b7 ,conforming amendment ,section #ei;,a7d71 as amended by paragraph 7#b71 is amended by striking paragraph 7#f74 7c7 ,termination of exemption from base erosion and anti-abuse tax for taxpayers with low base erosion percentage ,section #ei;,a7e77#a77;,c7 is amended by striking the base erosion percentage 7as determined under subsection 7c77#d77 and inserting in the case of any taxable year beginning before ,january #a1 #bjbd1 the base erosion percentage 7as determined under subsection 7c77#d7 as in effect before the date of the enactment of the ,act enacted during the #aagth ,congress which is entitled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad474 7d7 ,treatment of applicable taxpayers ,section #ei;,a7e7 is amended by adding at the end the following new paragraph3 7#d7 ,continuation of treatment as applicable taxpayer ,if a taxpayer is an applicable taxpayer with respect to any taxable year beginning after ,december #ca1 #bjba 7other than by reason of this paragraph71 such taxpayer 7and any successor of such taxpayer7 shall be an applicable taxpayer with respect to each of the #aj succeeding taxable years4 4 7e7 ,other modifications 7#a7 ,section #ei;,a7b77#a7 is amended by striking ,except as provided in paragraphs 7#b7 and 7#c71 the and inserting ,the4 7#b7 ,section #ei;,a7h77#b77;,b7 is amended by striking section #fjch;,b7b77#b7 and inserting section #fjch;,a7b77#b74 7#c7 ,section #ei;,a7j77#b71 as redesignated by subsection 7b71 is amended by striking subsection 7g77#c7 and inserting subsection 7h77#c74 7f7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 ,e ,other ,business ,tax ,provisions #achada4 ,credit for clinical testing of orphan drugs limited to first use or indication 7a7 ,in general ,section #de;,c7b77#b77;,b7 is amended to read as follows3 7,b7 ,testing must be related to first use or indication for rare disease or condition ,human clinical testing may be taken into account under subparagraph 7,a7 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 #ebf of the ,federal ,food1 ,drug1 and ,cosmetic ,act4 4 7b7 ,eligible testing must be conducted before approval for any use or indication ,section #de;,c7b77#b77;,a77ii77,,ii7 is amended to read as follows3 7,,ii7 before the first date on which an application 7with respect to any use or indication with respect to any disease or condition7 with respect to such drug is approved under section #eje7;c7 of such ,act or1 if the drug is a biological product1 before the first date on which a license 7with respect to any use or indication with respect to any disease or condition7 for such drug is issued under section #cea7;a7 of the ,public ,health ,service ,act1 and 4 7c7 ,eligibility of biological products 7#a7 ,in general ,section #de;,c7b77#b77;,a77i7 is amended by inserting or1 if the drug is a biological product1 section #cea7;a77#c7 of the ,public ,health ,service ,act before the comma at the end4 7#b7 ,conforming amendment ,section #de;,c7b77#b77;,a77ii77,i7 is amended by striking such ,act and inserting the ,federal ,food1 ,drug1 and ,cosmetic ,act4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achadb4 ,modifications to treatment of certain losses 7a7 ,losses from certain capital assets which become worthless 7#a7 ,when treated as loss ,section #afe7;g77#a7 is amended by striking on the last day of the taxable year and inserting at the time of the identifiable event establishing worthlessness4 7#b7 ,treatment of partnership indebtedness ,section #afe7;g77#b77;,c7 is amended by inserting 1 by a partnership1 after by a corporation4 7#c7 ,treatment of abandonment ,section #afe7;g7 is amended by adding at the end the following new paragraph3 7#d7 ,treatment of abandonment ,for purposes of this subsection and subsection 7m71 abandonment shall be treated as an identifiable event establishing worthlessness4 4 7#d7 ,treatment of partnership interest ,section #afe is amended by redesignating subsection 7m7 as subsection 7n7 and by inserting after subsection 7l7 the following new subsection3 7m7 ,worthless partnership interest ,if any interest in a partnership becomes worthless during the taxable year1 the loss resulting therefrom shall1 for purposes of this subtitle1 be treated as a loss from the sale or exchange of the interest in the partnership at the time of the identifiable event establishing worthlessness4 4 7b7 ,deferral of losses in certain controlled group corporate liquidations ,section #bfg is amended by adding at the end the following new subsection3 7h7 ,deferral of losses in certain controlled group liquidations 7#a7 ,in general ,in the case of any specified controlled group liquidation1 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 7within the meaning of subsection 7b77#c7 or section #gjg7;b77#a77 to the member which received such property4 7#b7 ,specified controlled group liquidation ,for purposes of this subsection1 the term specified controlled group liquidation means1 with respect to any corporation which is a member of a controlled group-- 7,a7 one or more distributions in complete liquidation 7within the meaning of section #cdf7 of such corporation1 7,b7 any other transfer 7including any series of transfers7 of property of such corporation if any stock or security of such corporation becomes worthless in connection with such transfer1 and 7,c7 any issuance of debt by such corporation to one or more persons who are related 7within the meaning of subsection 7b77#c7 or section #gjg7;b77#a77 to such corporation if any stock or security of such corporation becomes worthless in connection with such issuance4 7#c7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subsection1 including to apply the principles of this subsection to liquidating corporation stock or securities owned by a corporation indirectly through #a or more partnerships4 4 7c7 ,cross reference ,section #cca7;c7 is amended-- 7#a7 by striking ,cross reference and all that follows through ,for general rule and inserting the following3 ,cross reference4-- 7#a7 ,for general rule 1 and 7#b7 by adding at the end the following new paragraph3 7#b7 ,for losses in controlled group liquidations1 see section #bfg7;h74 4 7d7 ,effective date 7#a7 ,subsection 7a7 ,the amendments made by this section shall apply to losses arising in taxable years beginning after ,december #ca1 #bjba4 7#b7 ,subsection 7b7 ,the amendment made by subsection 7b7 shall apply to liquidations on or after the date of the enactment of this ,act4 #achadc4 ,adjusted basis limitation for divisive reorganization 7a7 ,in general ,section #cfa is amended by adding at the end the following new subsections3 7d7 ,adjusted basis limitation for divisive reorganizations 7#a7 ,in general ,except as provided in paragraph 7#b71 in the case of a reorganization described in section #cfh7;a77#a77;,d7 with respect to which stock or securities of the controlled corporation 7within the meaning of section #cee7 are distributed by the distributing corporation 7within the meaning of such section7 in a transaction which qualifies under such section1 subsections 7b77#c7 and 7c77#c7 shall not apply to so much of the amount described in clauses 7ii7 and 7iii7 of subparagraph 7,a7 as does not exceed the excess 7if any7 of-- 7,a7 the sum of-- 7i7 the total amount of the liabilities assumed 7within the meaning of section #ceg7;c77 by the controlled corporation1 and 7ii7 the total amount of money and the fair market value of other property transferred to the creditors1 7iii7 the fair market value of the stock described in section #ced7;a77#b77;,c7 and the total principal amount of obligations of the controlled corporation described in subsection 7c77#b77;,b7 which are qualified property 7as defined in subsection 7c77#b77;,b77 transferred to the creditors1 over 7,b7 the total adjusted bases of the assets transferred by the distributing corporation to the controlled corporation4 7#b7 ,exception regarding certain stock or rights to acquire stock ,paragraph 7#a7 shall not apply to any stock 7or right to acquire stock7 described in subsection 7c77#b77;,b74 7#c7 ,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 7b77#c71 subsection 7c77#c71 or this subsection1 including to determine whether a disposition of property or any other transaction is in connection with the reorganization or pursuant to the plan of reorganization4 7e7 ,cross-references ,for provisions providing for the inclusion of income or recognition of gain in certain distributions1 see subsections 7d71 7e71 7f71 7g71 and 7h7 of section #cee4 4 7b7 ,conforming amendments 7#a7 ,section #cfa7;b77#c7 is amended-- 7,a7 in the first sentence1 by inserting 1 and except as provided in subsection 7d7 after paragraph 7#a71 and 7,b7 by striking the second and third sentences4 7#b7 ,section #cfa7;c7 is amended-- 7,a7 in paragraph 7#c71 by inserting 1 and except as provided in subsection 7d7 after this subsection1 and 7,b7 by striking paragraph 7#e74 7c7 ,effective date ,the amendments made by this section shall apply to reorganizations occurring on or after the date of the enactment of this ,act4 7d7 ,transition rule ,the amendments made by this section shall not apply to any exchange pursuant to a transaction which is-- 7#a7 made pursuant to a written agreement which was binding on the date of the enactment of this ,act1 and at all times thereafter1 7#b7 described in a ruling request submitted to the ,internal ,revenue ,service on or before such date1 or 7#c7 described on or before such date in a public announcement or in a filing with the ,securities and ,exchange ,commission4 #achadd4 ,rents from prison facilities not treated as qualified income for purposes of ,,reit income tests 7a7 ,in general ,section #hef7;d77#b7 is amended by striking and at the end of subparagraph 7,b71 by striking the period at the end of subparagraph 7,c7 and inserting 1 and1 and by adding at the end the following new subparagraph3 7,d7 any amount received or accrued1 directly or indirectly1 with respect to any real or personal property which is primarily used in connection with any correctional1 detention1 or penal facility4 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achade4 ,modifications to exemption for portfolio interest 7a7 ,in general ,section #hga7;h77#c77;,b77i7 is amended to read as follows3 7i7 in the case of an obligation issued by a corporation-- 7,i7 any person who owns #aj percent or more of the total combined voting power of all classes of stock of such corporation entitled to vote1 or 7,,ii7 any person who owns #aj percent or more of the total value of the stock of such corporation1 and 4 7b7 ,effective date ,the amendment made by this section shall apply to obligations issued after the date of the enactment of this ,act4 #achadf4 ,certain partnership interest derivatives 7a7 ,in general ,section #hga7m7 is amended by adding at the end the following new paragraph3 7#h7 ,specified partnership interest income equivalent payments 7,a7 ,in general ,for purposes of this subsection1 any payment made pursuant to a specified notional principal contract that 7directly or indirectly7 is contingent upon1 or is determined by reference to1 any income or gain in respect of an interest in a specified partnership 7or any other payment the ,secretary determines to be substantially similar7 shall be treated as a dividend equivalent4 ,for purposes of the preceding sentence1 income or gain includes any income or gain from the deemed disposition of such interest as a result of the termination of1 or payment with respect to1 such contract 7determined in the same manner as under section #hfd7;c77#h7 but without regard to subparagraph 7,c7 thereof7 and any income or gain described in subsection 7a77#a7 or section #hha7;a74 7,b7 ,specified partnership ,for purposes of this paragraph1 the term specified partnership means-- 7i7 any publicly traded partnership 7as defined in section #ggjd7;b77 which is not treated as a corporation under such section1 or 7ii7 any other partnership as the ,secretary may by regulation prescribe4 7,c7 ,exceptions 7i7 ,certain payments ,subparagraph 7,a7 shall not apply to any payment the ,secretary determines does not have the potential for tax avoidance4 7ii7 ,certain income ,under such regulations as the ,secretary shall prescribe1 there shall not be taken into account under subparagraph 7,a7 any payment to the extent determined by reference to income or gain in respect of an interest in a specified partnership which would be1 if earned by a nonresident alien individual or a foreign corporation-- 7,i7 exempt from tax under this chapter1 or 7,,ii7 from sources without the ,united ,states and not effectively connected with the conduct of a trade or business within the ,united ,states4 7,d7 ,treatment of definitions and special rules with respect to partnerships ,for purposes of this paragraph1 rules similar to the rules and definitions in paragraphs 7#c71 7#d71 7#e71 7#f71 and 7#g7 shall apply to an interest in a specified partnership in a manner similar to an underlying security1 and to income or gain in respect of an interest in a specified partnership in a manner similar to a dividend4 7,e7 ,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 paragraph1 including to apply this paragraph to payments determined under sale-repurchase agreements or securities lending transactions with respect to interests in specified partnerships1 to determine the amount of a distribution by a specified partnership that is income or gain of the partnership 7including the portion thereof that is excepted under subparagraph 7,c77 in a manner consistent with section #adda7;g71 and to require the provision of information by specified partnerships necessary to determine such amount4 4 7b7 ,withholding of tax on nonresident aliens ,section #adda is amended by redesignating subsection 7g7 as subsection 7h7 and by inserting after subsection 7f7 the following new subsection3 7g7 ,dividend equivalents in case of certain specified partnerships ,the ,secretary may prescribe regulations1 under rules similar to the rules of section #addf1 to determine the amount of a payment in respect of income and gain of a specified partnership 7as defined in #hga7m77#h77 which is a dividend equivalent4 4 7c7 ,effective date ,the amendments made by this section shall apply to payments made after ,december #ca1 #bjbb4 #achadg4 ,adjustments to earnings and profits of controlled foreign corporations 7a7 ,in general ,section #cab7n7 is amended by adding at the end the following new paragraph3 7#i7 ,special rules for controlled foreign corporations ,earnings and profits of any controlled foreign corporation shall be determined without regard to paragraphs 7#d71 7#e71 and 7#f74 4 7b7 ,conforming amendment ,section #ieb7;c7 is amended by striking paragraph 7#c74 7c7 ,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 ,act1 and to taxable years of ,united ,states shareholders in which or with which such taxable years of foreign corporations end4 #achadh4 ,certain dividends of controlled foreign corporations treated as extraordinary dividends 7a7 ,in general ,section #ajei is amended by redesignating subsection 7g7 as subsection 7h7 and by inserting after subsection 7f7 the following new subsection3 7g7 ,treatment of certain dividends of controlled foreign corporations 7#a7 ,in general ,except as otherwise provided by the ,secretary1 any disqualified ,,cfc dividend shall be treated as an extraordinary dividend to which paragraphs 7#a7 and 7#b7 of subsection 7a7 apply without regard to the period the taxpayer held the stock with respect to which such dividend is paid4 7#b7 ,disqualified ,,cfc dividend ,for purposes of this subsection-- 7,a7 ,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-- 7i7 were earned during any period that such corporation was not a controlled foreign corporation1 or 7ii7 are attributable to disqualified ,,cfc dividends received by such controlled foreign corporation from another controlled foreign corporation4 7,b7 ,application to corporations not wholly owned by ,united ,states shareholders ,if not all of the stock of any controlled foreign corporation is owned 7within the meaning of section #ieh7;a77 by one or more ,united ,states shareholders at the time that any earnings and profits are earned1 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 7,a7 as earned during a period that such corporation was not a controlled foreign corporation4 7,c7 ,treatment of domestic partnerships and certain trusts ,for purposes of subparagraph 7,b7-- 7i7 a domestic partnership shall not be treated as a ,united ,states shareholder1 and 7ii7 to the extent provided by the ,secretary in regulations or other guidance1 a trust described in section #ggja7;a77#cj77;,e7 shall not be treated as a ,united ,states shareholder4 7,d7 ,special rule related to constructive ownership ,in the case of the last taxable year of a foreign corporation beginning before ,january #a1 #bjah1 and each subsequent taxable year of such foreign corporation which begins before the date of the enactment of this subsection1 if such foreign corporation would not have been a controlled foreign corporation for any such taxable year if section #ieh7;b77#d7 7as applicable to taxable years beginning after the date of the enactment of this subsection7 had applied to such taxable year1 such corporation shall not be treated as a controlled foreign corporation for such taxable year for purposes of this subsection4 4 7b7 ,regulations ,section #ajei7;h71 as redesignated by subsection 7a71 is amended-- 7#a7 by striking regulations both places it appears and inserting regulations or other guidance1 and 7#b7 by striking and at the end of paragraph 7#a71 by striking the period at the end of paragraph 7#b7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#c7 providing for the coordination of subsection 7g7 with the other provisions of this chapter1 including section #abdh4 4 7c7 ,effective date ,the amendments made by this section shall apply to dividends paid 7or amounts treated as dividends7 after the date of the enactment of this ,act4 #achadi4 ,limitation on certain special rules for section #abjb gains 7a7 ,in general ,section #abjb7;a7 is amended by adding at the end the following new paragraph3 7#e7 ,limitation on certain special rules ,in the case of the sale or exchange of qualified small business stock after ,september #ac1 #bjba1 paragraphs 7#c7 and 7#d7 shall not apply to any taxpayer if-- 7,a7 the adjusted gross income of such taxpayer 7determined without regard to this section and sections #iaa1 #ica1 and #icc7 equals or exceeds #djj1jjj1 or 7,b7 such taxpayer is a trust or estate4 4 7b7 ,effective date ,except as provided in subsection 7c71 the amendment made by this section shall apply to sales and exchanges after ,september #ac1 #bjba4 7c7 ,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 #ac1 #bjba1 and is not modified in any material respect thereafter4 #achaej4 ,constructive sales 7a7 ,application to appreciated digital assets 7#a7 ,in general ,section #abei7;b77#a7 is amended by inserting digital asset1 after debt instrument14 7#b7 ,exception for sales of nonpublicly traded property ,section #abei7;c77#b7 is amended by adding at the end the following3 ,a similar rule shall apply in the case of a contract for sale of any digital asset44 7#c7 ,digital asset ,section #abei7;d7 is amended by adding at the end the following new paragraph3 7#c7 ,digital asset ,except as otherwise provided by the ,secretary1 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 ,secretary4 4 7b7 ,treatment of certain contracts ,section #abei7;c77#a77;,d7 is amended by inserting or enters into a contract to acquire after acquires4 7c7 ,effective date 7#a7 ,in general ,the amendments made by subsection 7a7 shall apply to constructive sales 7determined after the application of the amendment made by subsection 7b77 after the date of the enactment of this ,act4 7#b7 ,treatment of certain contracts ,the amendment made by subsection 7b7 shall apply to contracts entered into after the date of the enactment of this ,act4 #achaea4 ,rules relating to common control 7a7 ,in general ,section #eb is amended by striking subsections 7a7 and 7b7 and inserting the following new subsections3 7a7 ,treatment of controlled groups of corporations 7#a7 ,in general ,for purposes of this subpart1 all employees of all corporations which are component members of the same controlled group of corporations shall be treated as employed by a single employer4 ,in any such case1 the credit 7if any7 determined under section #ea7;a7 with respect to each such member shall be its proportionate share of the wages giving rise to such credit4 7#b7 ,controlled group of corporations ,for purposes of this subsection1 the term controlled group of corporations has the meaning given to such term by section #aefc7;a71 except that-- 7,a7 more than #ej percent shall be substituted for at least #hj percent each place it appears in section #aefc7;a77#a71 and 7,b7 the determination shall be made without regard to subsections 7a77#d7 and 7e77#c77;,c7 of section #aefc4 7#c7 ,component member ,for purposes of this subsection1 the term component member has the meaning given such term by section #aefc7;b71 except that the determination shall be made without regard to whether such member is an excluded member 7within the meaning of section #aefc7;b77#b774 7b7 ,employees of partnerships1 proprietorships1 etc41 which are under common control ,for purposes of this subpart1 under regulations prescribed by the ,secretary-- 7#a7 all employees of trades or business 7whether or not incorporated7 which are under common control shall be treated as employed by a single employer1 and 7#b7 the credit 7if any7 determined under section #ea7;a7 with respect to each trade or business shall be its proportionate share of the wages giving rise to such credit4 ,the regulations prescribed under this subsection shall be based on principles similar to the principles which apply in the case of subsection 7a74 ,for purposes of this subsection1 the term trade or business includes any activity treated as a trade or business under paragraph 7#e7 or 7#f7 of section #dfi7;c7 7determined without regard to the phrase ,to the extent provided in regulations in such paragraph 7#f774 4 7b7 ,conforming amendment ,section #aefc7;b77#b77;,c7 is amended to read as follows3 7,c7 is a foreign corporation not engaged in a trade or business within the ,united ,states1 4 7c7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achaeb4 ,modification of wash sale rules 7a7 ,in general ,section #ajia is amended to read as follows3 #ajia4 ,loss from wash sales of specified assets 7a7 ,disallowance of loss deduction ,in the case of any loss claimed to have been sustained from any sale or disposition 7including any termination7 of specified assets where it appears that1 within a period beginning #cj days before the date of such sale or disposition and ending #cj days after such date1 the taxpayer 7or related party7 has acquired 7by purchase or by an exchange on which the entire amount of gain or loss was recognized by law71 or has entered into1 or has entered into a contract or option so to acquire or a long notional principal contract in respect of1 substantially identical specified assets1 then no deduction shall be allowed under section #afe unless the taxpayer is a dealer in specified assets and the loss is sustained in a transaction made in the ordinary course of such business4 7b7 ,amount of specified assets different from amount of specified assets sold ,if the amount of specified assets acquired 7or covered by the contract or option to acquire or long notional principal contract in respect of7 is different from the amount of specified assets sold or otherwise disposed of1 then the particular specified assets the acquisition of which 7or the contract or option to acquire or long notional principal contract which7 resulted in the nondeductibility of the loss shall be determined under regulations prescribed by the ,secretary4 7c7 ,adjustment to basis in case of wash sale ,if the taxpayer 7or the taxpayer's spouse7 acquires or enters into substantially identical specified assets during the period which-- 7#a7 begins #cj days before the disposition with respect to which a deduction was disallowed under subsection 7a71 and 7#b7 ends with the close of the taxpayer's first taxable year which begins after such disposition1 the basis of such specified assets shall be increased by the amount of the deduction so disallowed 7reduced by any amount of such deduction taken into account under this subsection to increase the basis of specified assets previously acquired74 7d7 ,certain short sales of specified assets and contracts to sell ,rules similar to the rules of subsection 7a7 shall apply to any loss realized on the closing of a short sale of 7or the sale1 exchange1 or termination of a contract or option to sell or a short notional principal contract in respect of7 specified assets if1 within a period beginning #cj days before the date of such closing and ending #cj days after such date-- 7#a7 substantially identical specified assets were sold or terminated by the taxpayer 7or a related party71 or 7#b7 another short sale of 7or contract or option to sell or short notional principal contract in respect of7 substantially identical specified assets was entered into by the taxpayer 7or related party74 7e7 ,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 7or could be settled in7 cash or property other than such specified assets4 7f7 ,related party ,for purposes of this section-- 7#a7 ,in general ,the term related party means-- 7,a7 the taxpayer's spouse1 7,b7 any dependent of the taxpayer and any other taxpayer with respect to whom the taxpayer is a dependent1 7,c7 any individual1 corporation1 partnership1 trust1 or estate which controls1 or is controlled by1 7within the meaning of section #ied7;d77#c77 the taxpayer or any individual described in subparagraph 7,a7 or 7,b7 with respect to the taxpayer 7or any combination thereof71 7,d7 to the extent provided by the ,secretary in regulations or other guidance1 any individual who bears a relationship to the taxpayer described in section #bfg7;b7 if such taxpayer is an individual1 7,e7 any individual retirement plan1 ,archer ,,msa 7as defined in section #bbj7;d771 or health savings account 7as defined in section #bbc7;d771 of the taxpayer or of any individual described in subparagraph 7,a7 or 7,b7 with respect to the taxpayer1 7,f7 any account under a qualified tuition program described in section #ebi or a ,coverdell education savings account 7as defined in section #ecj7;b77 if the taxpayer1 or any individual described in subparagraph 7,a7 or 7,b7 with respect to the taxpayer1 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 account1 and 7,g7 any account under-- 7i7 a plan described in section #dja7;a71 7ii7 an annuity plan described in section #djc7;a71 7iii7 an annuity contract described in section #djc7;b71 or 7iv7 an eligible deferred compensation plan described in section #deg7;b7 and maintained by an employer described in section #deg7;e77#a77;,a71 if the taxpayer or any individual described in subparagraph 7,a7 or 7,b7 with respect to the taxpayer has the right to make any decision with respect to the investment of any amount in such account4 7#b7 ,rules for determining status 7,a7 ,relationships determined at time of acquisition ,determinations under paragraph 7#a7 shall be made as of the time of the purchase or exchange 7or entering into a contract1 option1 or notional principal contract7 referred to in subsection 7a7 except that determinations under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 shall be made for the taxable year which includes such purchase or exchange 7or entering into74 7,b7 ,determination of marital status 7i7 ,in general ,except as provided in clause 7ii71 marital status shall be determined under section #ggjc4 7ii7 ,special rule for married individuals filing separately and living apart ,a husband and wife who-- 7,i7 file separate returns for any taxable year1 and 7,,ii7 live apart at all times during such taxable year1 shall not be treated as married individuals4 7#c7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary to prevent the avoidance of the purposes of this subsection1 including regulations which treat persons as related parties if such persons are formed or availed of to avoid the purposes of this subsection4 7g7 ,specified asset ,for purposes of this section1 the term specified asset means any of the following3 7#a7 ,any security described in subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of section #dge7;c77#b74 7#b7 ,any foreign currency4 7#c7 ,any commodity described in subparagraph 7,a71 7,b71 or 7,c7 of section #dge7;e77#b74 7#d7 ,except as otherwise provided by the ,secretary1 any digital representation of value which is recorded on a cryptographically secured distributed ledger or any similar technology as specified by the ,secretary4 ,such term shall1 except as provided in regulations1 include contracts or options to acquire or sell1 or notional principal contracts in respect of1 any specified assets4 7h7 ,exception for business needs and hedging transactions ,except as provided in regulations prescribed by the ,secretary1 subsection 7a7 shall not apply in the case of any sale or other disposition-- 7#a7 of a foreign currency or commodity described in subsection 7h71 and 7#b7 which-- 7,a7 is directly related to the business needs of a trade or business of the taxpayer 7other than the trade or business of trading foreign currencies or commodities described in subsection 7h771 or 7,b7 is part of a hedging transaction 7as defined in section #abba7;b77#b774 4 7b7 ,conforming amendments 7#a7 ,section #fjde7;g77#b77;,b7 is amended-- 7,a7 in clause 7i77,i7-- 7i7 by striking security 7other than stock and inserting covered security 7other than stock1 and 7ii7 by striking stock sold or transferred and inserting covered security sold or transferred1 and 7,b7 in clause 7ii7-- 7i7 by striking stock or securities and inserting specified assets1 and 7ii7 by striking identical securities and inserting identical specified assets 7as defined in section #ajia7;g774 7#b7 ,the table of sections for part ,,vii of subchapter ,o of chapter #a is amended by striking the item relation to section #ajia and inserting the following new item3 ,sec4 #ajia4 ,loss from wash sales of specified assets4 4 7c7 ,effective date ,the amendments made by this section shall apply to sales1 dispositions1 and terminations after ,december #ca1 #bjba4 7d7 ,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 #ajia of the ,internal ,revenue ,code of #aihf with respect to sales1 dispositions1 and terminations before ,january #a1 #bjbb4 #achaec4 ,research and experimental expenditures 7a7 ,in general ,section #acbjf of ,public ,law #aae-ig is amended-- 7#a7 in subsection 7b77#c71 by striking #bjba and inserting #bjbe1 and 7#b7 in subsection 7e71 by striking #bjba and inserting #bjbe4 7b7 ,effective date ,the amendment made by this section shall take effect on the date of the enactment of this ,act4 #b ,tax increases for high-income individuals #achbja4 ,application of net investment income tax to trade or business income of certain high income individuals 7a7 ,in general ,section #adaa is amended by adding at the end the following new subsection3 7f7 ,application to certain high income individuals 7#a7 ,in general ,in the case of any individual whose modified adjusted gross income for the taxable year exceeds the high income threshold amount1 subsection 7a77#a7 shall be applied by substituting the greater of specified net income or net investment income for net investment income in subparagraph 7,a7 thereof4 7#b7 ,phase-in of increase ,the increase in the tax imposed under subsection 7a77#a7 by reason of the application of paragraph 7#a7 of this subsection shall not exceed the amount which bears the same ratio to the amount of such increase 7determined without regard to this paragraph7 as-- 7,a7 the excess described in paragraph 7#a71 bears to 7,b7 #ajj1jjj 7#a_/b such amount in the case of a married taxpayer 7as defined in section #ggjc7 filing a separate return74 7#c7 ,high income threshold amount ,for purposes of this subsection1 the term high income threshold amount means-- 7,a7 except as provided in subparagraph 7,b7 or 7,c71 #djj1jjj1 7,b7 in the case of a taxpayer making a joint return under section #fjac or a surviving spouse 7as defined in section #b7;a771 #ejj1jjj1 and 7,c7 in the case of a married taxpayer 7as defined in section #ggjc7 filing a separate return1 #a_/b of the dollar amount determined under subparagraph 7,b74 7#d7 ,specified net income ,for purposes of this section1 the term specified net income means net investment income determined-- 7,a7 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 7#b71 in subsection 7c77#a77;,a77i71 7,b7 without regard to the phrase described in paragraph 7#b7 in subsection 7c77#a77;,a77ii71 7,c7 without regard to the phrase other than property held in a trade or business not described in paragraph 7#b7 in subsection 7c77#a77;,a77iii71 7,d7 without regard to paragraphs 7#b71 7#c71 and 7#d7 of subsection 7c71 and 7,e7 by treating paragraphs 7#e7 and 7#f7 of section #dfi7;c7 7determined without regard to the phrase ,to the extent provided in regulations1 in such paragraph 7#f77 as applying for purposes of subsection 7c7 of this section4 4 7b7 ,application to trusts and estates ,section #adaa7;a77#b77;,a7 is amended by striking undistributed net investment income and inserting the greater of undistributed specified net income or undistributed net investment income4 7c7 ,clarifications with respect to determination of net investment income 7#a7 ,certain exceptions ,section #adaa7;c77#f7 is amended to read as follows3 7#f7 ,special rules ,net investment income shall not include-- 7,a7 any item taken into account in determining self-employment income for such taxable year on which a tax is imposed by section #adja7;b71 7,b7 wages received with respect to employment on which a tax is imposed under section #caja7;b7 or #cbja7;a7 7including amounts taken into account under section #caba7v77#b771 and 7,c7 wages received from the performance of services earned outside the ,united ,states for a foreign employer4 4 7#b7 ,net operating losses not taken into account ,section #adaa7;c77#a77;,b7 is amended by inserting 7other than section #agb7 after this subtitle4 7#c7 ,inclusion of certain foreign income 7,a7 ,in general ,section #adaa7;c77#a77;,a7 is amended by striking and at the end of clause 7ii71 by striking over at the end of clause 7iii7 and inserting and1 and by adding at the end the following new clause3 7iv7 any amount includible in gross income under section #iea1 #iea;,a1 #abic1 or #abif1 over 4 7,b7 ,proper treatment of certain previously taxed income ,section #adaa7;c7 is amended by adding at the end the following new paragraph3 7#g7 ,certain previously taxed income ,the ,secretary shall issue regulations or other guidance providing for the treatment of-- 7,a7 distributions of amounts previously included in gross income for purposes of chapter #a but not previously subject to tax under this section1 and 7,b7 distributions described in section #ifb7;d74 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 7e7 ,transition rule ,the regulations or other guidance issued by the ,secretary under section #adaa7;c77#g7 of the ,internal ,revenue ,code of #aihf 7as added by this section7 shall include provisions which provide for the proper coordination and application of clauses 7i7 and 7iv7 of section #adaa7;c77#a77;,a7 with respect to-- 7#a7 taxable years beginning on or before ,december #ca1 #bjba1 and 7#b7 taxable years beginning after such date4 #achbjb4 ,limitations on excess business losses of noncorporate taxpayers 7a7 ,limitation made permanent 7#a7 ,in general ,section #dfa7l77#a7 is amended to read as follows3 7#a7 ,limitation ,in the case of any taxpayer other than a corporation1 any excess business loss of the taxpayer for the taxable year shall not be allowed4 4 7#b7 ,conforming amendment ,section #dfa is amended by striking subsection 7j74 7b7 ,modification of carryover of disallowed losses ,section #dfa7l77#b7 is amended to read as follows3 7#b7 ,disallowed loss carryover ,any loss which is disallowed under paragraph 7#a7 for any taxable year shall be treated 7solely for purposes of this chapter7 as a deduction described in paragraph 7#c77;,a77i7 for the next taxable year4 4 7c7 ,treatment of unused excess business loss carryovers on termination of estate or trust ,section #dfa7l7 is amended by adding at the end the following new paragraph3 7#g7 ,special rule for termination of estate or trust ,if1 on the termination of an estate or trust1 the estate or trust has an excess business loss carryover1 then such carryover or such excess shall be allowed as a deduction1 in accordance with regulations prescribed by the ,secretary1 to the beneficiaries succeeding to the property of the estate or trust4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #achbjc4 ,surcharge on high income individuals1 estates1 and trusts 7a7 ,in general ,part ,i of subchapter ,a of chapter #a is amended by inserting after section #a the following new section3 #a;,a4 ,surcharge on high income individuals1 estates1 and trusts 7a7 ,general rule ,in the case of a taxpayer other than a corporation1 there is hereby imposed 7in addition to any other tax imposed by this subtitle7 a tax equal to the sum of-- 7#a7 #e percent of so much of the modified adjusted gross income of the taxpayer as exceeds-- 7,a7 #aj1jjj1jjj1 in the case of any taxpayer not described in subparagraph 7,b7 or 7,c71 7,b7 #e1jjj1jjj1 in the case of a married individual filing a separate return1 and 7,c7 #bjj1jjj1 in the case of an estate or trust1 plus 7#b7 #c percent of so much of the modified adjusted gross income of the taxpayer as exceeds-- 7,a7 #be1jjj1jjj1 in the case of any taxpayer not described in subparagraph 7,b7 or 7,c71 7,b7 #ab1ejj1jjj1 in the case of a married individual filing a separate return1 and 7,c7 #ejj1jjj1 in the case of an estate or trust4 7b7 ,modified adjusted gross income ,for purposes of this section1 the term modified adjusted gross income means adjusted gross income reduced by any deduction 7not taken into account in determining adjusted gross income7 allowed for investment interest 7as defined in section #afc7;d77 or business interest 7as defined in section #afc7;j774 ,in the case of an estate or trust1 adjusted gross income shall be determined as provided in section #fg7;e71 and reduced by the amount allowed as a deduction under section #fdb7;c74 7c7 ,special rules 7#a7 ,nonresident alien ,in the case of a nonresident alien individual 7other than an individual described in section #hgf7;a7 or #hgg7;a771 only amounts taken into account in connection with the tax imposed under section #hga7;b7 shall be taken into account under this section4 7#b7 ,citizens and residents living abroad ,each dollar amount which is applicable to any taxpayer under subsection 7a7 shall be decreased 7but not below zero7 by the excess 7if any7 of-- 7,a7 the amounts excluded from the taxpayer's gross income under section #iaa1 over 7,b7 the amounts of any deductions or exclusions disallowed under section #iaa7;d77#f7 with respect to the amounts described in subparagraph 7,a74 7#c7 ,charitable trusts ,subsection 7a7 shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section #agj7;c77#b77;,b74 7#d7 ,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 7other than sections #bg and #ija7 or for purposes of section #ee4 7#e7 ,electing small business trusts ,for purposes of the determination of adjusted gross income1 section #fda7;c77#a77;,a7 shall not apply and all portions of any electing small business trust shall be treated as a single trust4 7d7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section1 including regulations or other guidance to prevent the avoidance of the purposes of this section4 4 7b7 ,coordination with certain provisions 7#a7 ,interest on certain deferred tax liability ,section #dec;,a7c7 is amended by redesignating paragraph 7#f7 as paragraph 7#g7 and by inserting after paragraph 7#e7 the following new paragraph3 7#f7 ,surcharge on high income individuals taken into account in determining maximum rate of tax ,for purposes of paragraph 7#c77;,b71 the maximum rate of tax in effect under section #a shall be treated as being equal to the sum of such rate and the rates in effect under paragraphs 7#a7 and 7#b7 of section #a;,a7a74 4 7#b7 ,alien residents of ,puerto ,rico1 ,guam1 ,american ,samoa1 or the ,northern ,mariana ,islands ,section #hgf7;a7 is amended by striking section #a and inserting sections #a and #a;,a4 7#c7 ,expatriation to avoid tax ,section #hgg7;b7 is amended by inserting and section #a;,a after section #a or #ee4 7#d7 ,limitation on foreign tax credit 7,a7 ,section #ijd7;b77#c77;,e77i77,i7 is amended by inserting increased by the sum of the rates set forth in paragraphs 7#a7 and 7#b7 of section #a;,a7a7 after 7whichever applies74 7,b7 ,section #ijd7;d77#b77;,f7 is amended by adding at the end the following3 ,for purposes of the first sentence of this subparagraph1 the highest rate of tax specified in section #a shall be treated as being equal to the sum of such rate and the rates in effect under paragraphs 7#a7 and 7#b7 of section #a;,a7a744 7#e7 ,election by individuals to be subject to tax at corporate rates ,section #ifb7;a77#a7 is amended by inserting 1 #a;,a1 after sections #a4 7#f7 ,interest on certain tax deferral ,section #abia7;c77#b7 is amended by adding at the end the following3 ,for purposes of the preceding sentence1 the highest rate of tax in effect under section #a shall be treated as being equal to the sum of such rate and the rates in effect under paragraphs 7#a7 and 7#b7 of section #a;,a7a744 7#g7 ,averaging of farm income ,section #acja7;a7 is amended by striking section #a both places it appears and inserting sections #a and #a;,a4 7#h7 ,title #aa cases ,section #acih7;c77#b7 is amended by inserting and tax shall be imposed under section #a;,a by treating the estate as a married individual filing a separate return before the period at the end4 7#i7 ,withholding of tax on foreign partners' share of effectively connected income ,section #addf7;b77#b7 is amended by adding at the end the following flush sentence3 ,for purposes of subparagraph 7,a71 the highest rate of tax in effect under section #a shall be treated as being equal to the sum of such rate and the rates in effect under paragraphs 7#a7 and 7#b7 of section #a;,a7a74 4 7#aj7 ,relief from joint and several liability on joint return ,section #fjae7;d77#b77;,b7 is amended by inserting 1 #a;,a1 after section #a4 7#aa7 ,partnership adjustments 7,a7 ,section #fbbe7;b77#a7 is amended by adding at the end the following flush sentence3 ,for purposes of subparagraph 7,b71 the highest rate of tax in effect under section #a shall be treated as being equal to the sum of such rate and the rates in effect under paragraphs 7#a7 and 7#b7 of section #a;,a7a74 4 7,b7 ,section #fbbe7;c77#d77;,a7 is amended-- 7i7 by striking subsection 7b77#a77;,a7 and inserting subsection 7b77#a77;,b71 and 7ii7 by striking or at the end of clause 7i71 by adding or at the end of clause 7ii71 and by inserting after clause 7ii7 the following new clause3 7iii7 is not an individual subject to one or both of the rates of tax in effect under paragraphs 7#a7 and 7#b7 of section #a;,a7a71 4 7#ab7 ,required payments for entities electing not to have required taxable year ,section #geai7;b7 is amended by inserting and increased by the sum of the rates in effect under paragraphs 7#a7 and 7#b7 of section #a;,a7a7 before the period at the end4 7c7 ,clerical amendment ,the table of sections for part ,i of subchapter ,a of chapter #a is amended by inserting after the item relating to section #a the following new item3 ,sec4 #a;,a4 ,surcharge on high income individuals4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #c ,modifications of rules relating to retirement plans ,a ,limitations on high-income taxpayers with large retirement account balances #achcja4 ,contribution limit for individual retirement plans of high-income taxpayers with large account balances 7a7 ,contribution limit 7#a7 ,in general ,subpart ,a of part ,i of subchapter ,d of chapter #a is amended by adding at the end the following3 #dji;,b4 ,contribution limit on individual retirement plans of high-income taxpayers with large account balances 7a7 ,general rule ,notwithstanding any other provision of this title1 in the case of an individual who is an applicable taxpayer for any taxable year1 no annual additions for such taxable year shall be made by1 or on behalf of1 such individual to any individual retirement plan to the extent such annual additions exceed the excess 7if any7 of-- 7#a7 the applicable dollar amount for such taxable year1 over 7#b7 the aggregate vested balances to the credit of the individual 7whether as a participant1 owner1 or beneficiary7 in all applicable retirement plans 7determined as of the close of the calendar year preceding the calendar year in which such taxable year begins74 7b7 ,definitions and special rules ,for purposes of this section-- 7#a7 ,annual addition 7,a7 ,in general ,except as provided in this paragraph1 the term annual addition means any contribution to an individual retirement plan4 7,b7 ,contributions to ,,sep and ,simple plans ,in the case of any employer or employee contributions by1 or on behalf of1 an individual to a simplified employee pension under section #djh7k7 or a simple retirement account under section #djh7p7-- 7i7 such contributions shall not be treated as annual additions for purposes of applying the limitation under subsection 7a71 but 7ii7 the excess described in subsection 7a7 shall be reduced by the amount of such contributions in applying such limitation to other annual additions with respect to such individual4 7,c7 ,rollover contributions disregarded ,a rollover contribution under section #djb7;c71 #djc7;a77#d71 #djc7;b77#h71 #djh7;d77#c71 or #deg7;e77#af7 shall not be treated as an annual addition4 7,d7 ,accounts acquired by death or divorce or separation ,the acquisition of an individual retirement plan 7or the transfer to or contribution of amounts to an individual retirement plan7 by reason of-- 7i7 the death of another individual1 or 7ii7 divorce or separation 7pursuant to section #djh7;d77#f771 shall not be treated as an annual addition4 7#b7 ,applicable dollar amount ,the term applicable dollar amount means #aj1jjj1jjj4 7#c7 ,applicable retirement plan ,the term applicable retirement plan means-- 7,a7 a defined contribution plan to which section #dja7;a7 or #djc7;a7 applies1 7,b7 an annuity contract under section #djc7;b71 7,c7 an eligible deferred compensation plan described in section #deg7;b7 which is maintained by an eligible employer described in section #deg7;e77#a77;,a71 or 7,d7 an individual retirement plan4 7#d7 ,applicable taxpayer 7,a7 ,in general ,the term applicable taxpayer means1 with respect to any taxable year1 a taxpayer whose modified adjusted gross income for such taxable year exceeds the amount determined under subparagraph 7,b74 7,b7 ,dollar limit ,the amount determined under this subparagraph for any taxable year is-- 7i7 #djj1jjj for an individual who is a taxpayer not described in clause 7ii7 or 7iii71 7ii7 #dbe1jjj in the case of an individual who is a head of household 7as defined in section #b7;b771 and 7iii7 #dej1jjj in the case of an individual who is a married individual filing a joint return or a surviving spouse 7as defined in section #b7;a774 7,c7 ,modified adjusted gross income ,for purposes of this paragraph1 the term modified adjusted gross income means adjusted gross income determined without regard to sections #iaa1 #ica1 and #icc1 without regard to any deduction for annual additions to individual retirement plans to which subsection 7a7 applies1 and without regard to any increase in minimum required distributions by reason of section #digd7;e74 7#e7 ,adjustments for inflation 7,a7 ,in general ,in the case of any taxable year beginning after #bjbi1 the dollar amounts in paragraphs 7#b7 and 7#d77;,b7 shall be increased by an amount equal to the product of-- 7i7 such dollar amount1 and 7ii7 the cost-of-living adjustment under section #a7;f77#c7 for the calendar year in which such taxable year begins1 determined by substituting calendar year #bjbh for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding ,if any amount as adjusted under subparagraph 7,a7 is not-- 7i7 in the case of the dollar amount under paragraph 7#b71 a multiple of #bej1jjj1 such amount shall be rounded to the next lowest multiple of #bej1jjj4 7ii7 in the case of a dollar amount under paragraph 7#d77;,b71 a multiple of #a1jjj1 such amount shall be rounded to the next lowest multiple of #a1jjj4 7c7 ,regulations ,the ,secretary shall prescribe such regulations and guidance as are necessary or appropriate to carry out the purposes of this section1 including regulations or guidance that provide for the application of this section and section #digd7;e7 in the case of plans with a valuation date other than the last day of a calendar year4 4 7#b7 ,conforming amendments 7,a7 ,the table of contents for subpart ,a of part ,i of subchapter ,d of chapter #a is amended by adding after the item relating to section #dji;,a the following new item3 ,sec4 #dji;,b4 ,contribution limit on individual retirement plans of high-income taxpayers with large account balances4 4 7,b7 ,section #djh7r7 is amended by adding at the end the following new paragraph3 7#c7 ,for additional limitations on contributions to individual retirement plans with large account balances1 see sections #djh;,a7e77#c7 and #dji;,b4 4 7b7 ,excise tax on excess annual additions 7#a7 ,in general ,section #digc is amended by adding at the end the following new subsection3 7i7 ,special rule for individual retirement plans with excess annual additions ,for purposes of this section1 in the case of individual retirement plans1 the term excess contributions1 with respect to any taxable year1 is increased by the sum of-- 7#a7 the excess of the annual additions 7within the meaning of section #dji;,b7b77#a77 to such plans over the limitation under section #dji;,b7a7 for such taxable year1 reduced by the amount of any excess contributions determined under subsections 7b7 and 7f71 and 7#b7 the lesser of-- 7,a7 the amount determined under this subsection for the preceding taxable year with respect to such plans1 reduced by the aggregate distributions from such plans for the taxable year 7including distributions required under section #digd7;e77 to the extent not contributed in a rollover contribution to another eligible retirement plan in accordance with section #djb7;c71 #djc7;a77#d71 #djc7;b77#h71 #djh7;d77#c71 and #deg7;e77#af71 or 7,b7 the amount 7if any7 by which the amount determined under section #dji;,b7a77#b7 for the taxable year exceeds the applicable dollar amount under section #dji;,b7b77#b7 for the taxable year4 4 7#b7 ,conforming amendments ,subsections 7b7 and 7f7 of section #digc are each amended by inserting 1 except as further provided in subsection 7i7 after ,for purposes of this section4 7c7 ,reporting requirements ,section #fjeg7;a7 is amended by adding at the end the following3 7#c7 ,additional information regarding high account balances 7,a7 ,in general ,if1 as of the close of any plan year1 #a or more participants or beneficiaries in an applicable retirement plan 7as defined in section #dji;,b7b77#c7 without regard to subparagraph 7,d7 thereof7 have a vested account balance of at least #b1ejj1jjj1 the plan administrator shall file a statement with the ,secretary1 within the period described in paragraph 7#a71 which includes-- 7i7 the name and identifying number of each such participant 7without regard to whether such participant has separated from employment7 or beneficiaries1 7ii7 the amount of the vested account balance of each such participant or beneficiary1 and 7iii7 a separate accounting of such vested account balances in designated ,roth accounts 7within the meaning of section #djb;,a7 and all other vested account balances4 7,b7 ,inclusion in registration statement ,if both subparagraph 7,a7 and paragraph 7#a7 apply to a plan1 the plan administrator shall include the information required under subparagraph 7,a7 in the registration statement under paragraph 7#a7 rather than file a statement under subparagraph 7,a74 7,c7 ,adjustments for inflation ,in the case of any plan year beginning after #bjbi1 the #b1ejj1jjj amount under subparagraph 7,a7 shall be increased by an amount equal to the product of-- 7i7 such dollar amount1 and 7ii7 the cost-of-living adjustment under section #a7;f77#c7 for the calendar year in which such taxable year begins1 determined by substituting calendar year #bjbh for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,if the amount as adjusted under the preceding sentence is not a multiple of #bej1jjj1 such amount shall be rounded to the next lowest multiple of #bej1jjj4 4 7d7 ,effective dates 7#a7 ,in general ,the amendments made by subsections 7a7 and 7b7 shall apply to taxable years beginning after ,december #ca1 #bjbh4 7#b7 ,plan requirements ,the amendments made by subsection 7c7 shall apply to plan years beginning after ,december #ca1 #bjbh4 #achcjb4 ,increase in minimum required distributions for high-income taxpayers with large retirement account balances 7a7 ,in general ,section #digd is amended by adding at the end the following3 7e7 ,increase in minimum required distributions for high-income taxpayers with large aggregate account balances 7#a7 ,in general ,if this subsection applies to a payee who is an applicable taxpayer 7as defined in section #dji;,b7b77#d77 for a taxable year-- 7,a7 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 7#c77;,a7 shall be treated as #a plan solely for purposes of applying this section to the increase in minimum required distributions for such taxable year determined under subparagraph 7,b71 and 7,b7 the minimum required distributions under this section for all plans treated as #a plan under subparagraph 7,a7 with respect to such payee for such taxable year shall be increased by the excess 7if any7 of-- 7i7 the sum of-- 7,i7 if paragraph 7#b7 applies to such taxable year1 the applicable ,roth excess amount1 plus 7,,ii7 #ej percent of the excess determined under paragraph 7#c77;,a71 reduced by the applicable ,roth excess amount1 over 7ii7 the sum of the minimum required distributions 7determined without regard to this subsection7 for all such plans4 7#b7 ,applicable ,roth excess amount 7,a7 ,application ,for purposes of paragraph 7#a77;,b77i71 this paragraph applies to a taxable year of a payee if the aggregate vested balances to the credit of the payee 7whether as a participant1 owner1 or beneficiary7 in all applicable retirement plans 7determined as of the close of the calendar year preceding the calendar year in which the taxable year begins7 exceed #bjj percent of the applicable dollar amount for the calendar year in which the taxable year begins4 7,b7 ,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-- 7i7 the excess determined under subparagraph 7,a71 or 7ii7 the aggregate balances to the credit of the payee 7whether as a participant1 owner1 or beneficiary7 in all ,roth ,i,r,as and designated ,roth accounts 7within the meaning of section #djb;,a7 as of the time described in subparagraph 7,a74 7#c7 ,application ,this subsection shall apply to a payee for a taxable year-- 7,a7 if the aggregate vested balances to the credit of the payee 7whether as a participant1 owner1 or beneficiary7 in all applicable retirement plans 7determined as of the close of the calendar year preceding the calendar year in which the taxable year begins7 exceed the applicable dollar amount for the calendar year in which the taxable year begins1 and 7,b7 without regard to whether amounts with respect to the payee are otherwise required to be distributed under section #dja7;a77#i71 #djc7;b77#aj71 #djh7;a77#f71 #djh7;b77#c71 or #deg7;d77#b74 7#d7 ,coordination and allocation 7,a7 ,minimum distribution requirements ,if this subsection applies to a payee for any taxable year-- 7i7 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 subsection1 and 7ii7 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 distributed4 7,b7 ,allocation of increase in minimum required distributions 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 the taxpayer may1 in such form and manner as the ,secretary may prescribe1 allocate any increase in minimum required distributions by reason of this subsection to applicable retirement plans treated as #a plan under subparagraph 7,a7 in such manner as the taxpayer chooses4 7ii7 ,allocation to ,roth ,i,r,as and accounts ,in the case of a taxable year to which paragraph 7#b7 applies1 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 ,i,r,as and then to designated ,roth accounts 7within the meaning of section #djb;,a7 of the payee4 7iii7 ,special rules for employee stock ownership plans 7,i7 ,in general ,in the case of a payee to which this subsection applies for any taxable year who has account balances in #a or more employee stock ownership plans 7as defined in section #dige7;e77#g77 any portion of which is invested in employer securities which are not readily tradable on an established securities market1 the increase in minimum required distributions by reason of this subsection shall not be allocated to any such portion4 7,,ii7 ,exception for amounts attributable to rollover ,subclause 7,i7 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 #djb7;c71 #djc7;a77#d71 #djc7;b77#h71 #djh7;d77#c71 or #deg7;e77#af74 7#e7 ,distributions not eligible for rollovers ,for purposes of determining whether a distribution is an eligible rollover distribution1 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 #dja7;a77#i71 #djc7;b77#aj71 #djh7;a77#f71 #djh7;b77#c71 or #deg7;d77#b71 whichever is applicable4 7#f7 ,roth distributions treated as qualified distributions ,in the case of any distribution from a ,roth ,,ira1 or designated ,roth account 7within the meaning of section #djb;,a71 of the payee by reason of the allocation of an increase in minimum required distributions under this subsection1 such distribution shall be treated as a qualified distribution under section #djh;,a7d77#b7 or #djb;,a7d77#b71 as the case may be4 7#g7 ,definitions ,for purposes of this subsection1 any term used in this subsection which is also used in section #dji;,b shall have the same meaning as when such term is used in such section4 4 7b7 ,special rules 7#a7 ,distribution rights 7,a7 ,qualified trusts 7i7 ,in general ,section #dja7;a7 is amended by inserting after paragraph 7#ch7 the following new paragraph3 7#ci7 ,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 #digd7;e7 may elect to receive a distribution from the employee's account balance under the plan in such amount as the employee may elect1 including any amounts attributable to a qualified cash or deferred arrangement 7as defined in subsection 7k77#b774 ,the preceding sentence shall not apply in the case of any portion of an account balance to which section #digd7;e77#d77;,b77iii77,i7 applies4 4 7ii7 ,application to employee's annuities ,section #djd7;a77#b7 is amended by striking and 7#cg7 and inserting 7#cg71 and 7#ci74 7,b7 ,annuity contracts 7i7 ,custodial accounts ,section #djc7;b77#g77;,a7 is amended by adding at the end the following new flush sentence3 ,notwithstanding clause 7i71 the custodial account shall permit an employee who certifies that the employee is a taxpayer who is subject to the distribution requirements of section #digd7;e7 to elect to receive a distribution from the employee's custodial account in such amount as the employee may elect4 4 7ii7 ,annuity contracts ,section #djc7;b77#aa7 is amended by adding at the end the following new sentence3 ,notwithstanding subparagraphs 7,a71 7,b71 7,c71 and 7,d71 the annuity contract shall permit an employee who certifies that the employee is a taxpayer who is subject to the distribution requirements of section #digd7;e7 to elect to receive a distribution of contributions made pursuant to a salary reduction agreement 7within the meaning of section #djb7;g77#c77 from the employee's annuity contract in such amount as the employee may elect4 7,c7 ,governmental plans ,section #deg7;d77#a7 is amended by adding at the end the following new flush sentence3 ,notwithstanding subparagraph 7,a71 an eligible deferred compensation plan of an employer described in subsection 7e77#a77;,a7 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 #digd7;e7 to elect to receive a distribution from the plan in such amount as the participant or beneficiary may elect4 4 7#b7 ,exception from #aj percent additional tax on early distributions ,section #gb7t77#b7 is amended by adding at the end the following new subparagraph3 7,i7 ,distributions of excess balances ,distributions from an applicable retirement plan 7within the meaning of section #dji;,b77 to the extent such distributions for the taxable year do not exceed the amount required to be distributed from such plan under section #digd7;e74 4 7#c7 ,withholding ,section #cdje7;b7 is amended by adding at the end the following new paragraph3 7#c7 ,additional withholding for required distributions from high balance retirement accounts 7,a7 ,in general ,for purposes of this section1 a distribution pursuant to section #dja7;a77#ci71 the last sentence of section #djc7;b77#g77;,a71 the last sentence of section #djc7;b77#aa71 and the last sentence of section #deg7;d77#a7 shall be treated as a nonperiodic distribution1 except that in applying this subsection to such distribution-- 7i7 paragraph 7#a7 shall be applied by substituting #ce percent for #aj percent1 and 7ii7 no election may be made under paragraph 7#b7 with respect to such distribution4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to any qualified distribution from a designated ,roth account 7within the meaning of section #djb;,a74 4 7c7 ,effective dates 7#a7 ,in general ,the amendments made by subsection 7a7 shall apply to taxable years beginning after ,december #ca1 #bjbh4 7#b7 ,plan requirements ,the amendments made by subsection 7b7 shall apply to plan years beginning after ,december #ca1 #bjbh4 ,b ,other provisions relating to individual retirement plans #achcaa4 ,tax treatment of rollovers to ,roth ,i,r,as and accounts 7a7 ,rollovers and conversions limited to taxable amounts 7#a7 ,roth ,i,r,as 7,a7 ,in general ,paragraph 7#a7 of section #djh;,a7e7 is amended by adding at the end the following new sentence3 ,a qualified rollover contribution shall not include any rollover contribution from any eligible retirement plan described in subparagraph 7,b7 7other than from a designated ,roth account 7within the meaning of section #djb;,a77 if any portion of the distribution from which such contribution is made would 7without regard to such contribution7 be treated as not includible in gross income4 7,b7 ,conversions ,subparagraph 7,c7 of section #djh;,a7d77#c7 is amended by adding at the end the following new sentence3 ,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 conversion4 7#b7 ,designated ,roth accounts ,section #djb;,a7c77#d77;,b7 is amended by inserting 1 determined after the application of the last sentence of paragraph 7#a7 thereof after section #djh;,a7e74 7#c7 ,effective date ,the amendments made by this subsection shall apply to distributions1 transfers1 and contributions made after ,december #ca1 #bjba4 7b7 ,no rollovers or conversions for high-income taxpayers 7#a7 ,roth ,i,r,as 7,a7 ,qualified rollover contribution ,section #djh;,a7e71 as amended by subsection 7a71 is amended by adding at the end the following3 7#c7 ,high-income taxpayers may only rollover from ,roth ,i,r,as and accounts ,if-- 7,a7 a taxpayer is an applicable taxpayer 7as defined in section #dji;,b7b77#d77 for the taxable year in which a distribution is made1 and 7,b7 such distribution is contributed to a ,roth ,,ira in a rollover contribution1 such contribution shall be treated as a qualified rollover contribution under paragraph 7#a7 only if it is made from another ,roth ,,ira or from a designated ,roth account 7within the meaning of section #djb;,a74 4 7,b7 ,elimination of conversions ,paragraph 7#c7 of section #djh;,a7d71 as amended by subsection 7a71 is amended by adding at the end the following3 7,g7 ,paragraph not to apply to high-income taxpayers ,if a taxpayer is an applicable taxpayer 7as defined in section #dji;,b7b77#d77 for any taxable year1 this paragraph shall not apply to any distribution to which this paragraph otherwise applies 7or to any conversion described in subparagraph 7,c77 which is made during such taxable year4 4 7#b7 ,designated ,roth accounts ,paragraph 7#d7 of section #djb;,a7c7 is amended by adding at the end the following3 7,f7 ,paragraph not to apply to high-income taxpayers ,if a taxpayer is an applicable taxpayer 7as defined in section #dji;,b7b77#d77 for any taxable year1 this paragraph shall not apply to any distribution to which this paragraph otherwise applies and which is made during such taxable year4 4 7#c7 ,conforming amendment ,section #dji;,b7b77#d77;,c71 as added by this ,act1 is amended-- 7,a7 by striking and without regard to and inserting without regard to1 and 7,b7 by inserting before the period at the end the following3 1 and without regard to the inclusion in gross income of any converted or contributed amount described in section #djh;,a7e77#c71 #djh;,a7d77#c77;,g71 or #djb;,a7c77#d77;,f744 7#d7 ,effective date ,the amendments made by this subsection shall apply to distributions1 transfers1 and contributions made in taxable years beginning after ,december #ca1 #bjca4 #achcab4 ,statute of limitations with respect to ,,ira noncompliance 7a7 ,in general ,subsection 7c7 of section #feja is amended by adding at the end the following new paragraph3 7#ac7 ,noncompliance relating to an individual retirement plan 7,a7 ,misreporting ,in the case of any substantial error 7willful or otherwise7 in the reporting on a return of any information relating to the valuation of investment assets with respect to an individual retirement plan1 the time for assessment of any tax imposed by this title with respect to such plan shall not expire before the date which is #f years after the return containing such error was filed 7whether or not such return was filed on or after the date prescribed74 7,b7 ,prohibited transactions ,the time for assessment of any tax imposed by section #dige shall not expire before the date which is #f years after the return was filed 7whether or not such return was filed on or after the date prescribed74 4 7b7 ,effective date ,the amendment made by this section shall apply to taxes with respect to which the #c-year period under section #feja7;a7 of the ,internal ,revenue ,code of #aihf 7without regard to the amendment made by this section7 ends after ,december #ca1 #bjba4 #achcac4 ,,ira owners treated as disqualified persons for purposes of prohibited transaction rules 7a7 ,in general ,paragraph 7#b7 of section #dige7;e7 is amended-- 7#a7 by striking or at the end of subparagraph 7,h71 7#b7 by striking the period at the end of subparagraph 7,i7 and inserting 2 or1 7#c7 by inserting after subparagraph 7,i7 the following new subparagraph3 7,j7 the individual for whose benefit a plan described in subparagraph 7,b7 or 7,c7 of paragraph 7#a7 is maintained4 1 7#d7 by striking or 7,e7 both places it appears in subparagraphs 7,f7 and 7,g7 and inserting 7,e71 or 7,j7 7in the case of a plan described in subparagraph 7,b7 or 7,c7 of paragraph 7#a771 7#e7 by striking or 7,g7 in subparagraph 7,i7 and inserting 7,g71 or 7,j7 7in the case of a plan described in subparagraph 7,b7 or 7,c7 of paragraph 7#a771 and 7#f7 by adding at the end the following3 ,for purposes of subparagraphs 7,g7 and 7,i71 any asset or interest held by a plan described in subparagraph 7,b7 or 7,c7 of paragraph 7#a7 shall be treated as owned by the individual described in subparagraph 7,j7 with respect to such plan44 7b7 ,conforming amendment ,subparagraph 7,a7 of section #djh7;e77#b7 is amended to read as follows3 7,a7 ,employee engaging in prohibited transaction ,if1 during any taxable year of the individual for whose benefit any individual retirement account is maintained1 that individual engages in any transaction prohibited by section #dige with respect to such account1 such account ceases to be an individual retirement account as of the first day of such taxable year4 ,for purposes of this paragraph1 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 account4 4 7c7 ,effective date ,the amendments made by this section shall apply to transactions occurring after ,december #ca1 #bjba4 #d ,funding the ,internal ,revenue ,service and ,improving ,taxpayer ,compliance #achdja4 ,enhancement of ,internal ,revenue ,service resources 7a7 ,appropriations 7#a7 ,in general ,the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbb3 7,a7 ,internal ,revenue ,service 7i7 ,in general 7,i7 ,taxpayer services ,for necessary expenses of the ,internal ,revenue ,service to provide taxpayer services1 including pre-filing assistance and education1 filing and account services1 taxpayer advocacy services1 and other services as authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,commissioner1 #a1ica1ejj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7,,ii7 ,enforcement ,for necessary expenses for tax enforcement activities of the ,internal ,revenue ,service to determine and collect owed taxes1 to provide legal and litigation support1 to conduct criminal investigations 7including investigative technology71 to provide digital asset monitoring and compliance activities1 to enforce criminal statutes related to violations of internal revenue laws and other financial crimes1 to purchase and hire passenger motor vehicles 7#ca ,u4,s4,c4 #acdc7;b771 and to provide other services as authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,commissioner1 #dd1hhg1ejj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7,,iii7 ,operations support ,for necessary expenses of the ,internal ,revenue ,service to support taxpayer services and enforcement programs1 including rent payments2 facilities services2 printing2 postage2 physical security2 headquarters and other ,,irs-wide administration activities2 research and statistics of income2 telecommunications2 information technology development1 enhancement1 operations1 maintenance1 and security2 the hire of passenger motor vehicles 7#ca ,u4,s4,c4 #acdc7;b772 the operations of the ,internal ,revenue ,service ,oversight ,board2 and other services as authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,commissioner1 #bg1cgf1cjj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7,,iv7 ,business systems modernization ,for necessary expenses of the ,internal ,revenue ,service's business systems modernization program1 including development of callback technology and other technology to provide a more personalized customer service but not including the operation and maintenance of legacy systems1 #d1gej1gjj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7ii7 ,task ,force to design an ,,irs-run free ,direct e,file tax return system ,for necessary expenses of the ,internal ,revenue ,service to deliver to ,congress1 within nine months following the date of the enactment of this ,act1 a report on 7,i7 the cost 7including options for differential coverage based on taxpayer adjusted gross income and return complexity7 of developing and running a free direct efile tax return system1 including costs to build and administer each release1 with a focus on multi-lingual and mobile-friendly features and safeguards for taxpayer data2 7,,ii7 taxpayer opinions1 expectations1 and level of trust1 based on surveys1 for such a free direct efile system2 and 7,,iii7 the opinions of an independent third-party on the overall feasibility1 approach1 schedule1 cost1 organizational design1 and ,internal ,revenue ,service capacity to deliver such a direct efile tax return system1 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7,b7 ,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 #aigh1 as amended1 including purchase and hire of passenger motor vehicles 7#ca ,u4,s4,c4 #acdc7;b772 and services authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,inspector ,general for ,tax ,administration1 #djc1jjj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7,c7 ,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 #aihf1 #ajd1ecc1hjc1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7,d7 ,united ,states ,tax ,court ,for necessary expenses of the ,united ,states ,tax ,court1 including contract reporting and other services as authorized by #e ,u4,s4,c4 #caji2 #aec1jjj1jjj1 to remain available until ,september #cj1 #bjca3 ,provided1 ,that these amounts shall be in addition to amounts otherwise available for such purposes4 7#b7 ,multi-year operational plan 7,a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 the ,commissioner of ,internal ,revenue shall submit to ,congress a plan detailing how the funds appropriated under paragraph 7#a77;,a77i7 will be spent over the ten-year period ending with fiscal year #bjca4 7,b7 ,quarterly updates 7i7 ,in general ,not later than the last day of each calendar quarter beginning during the applicable period1 the ,commissioner of ,internal ,revenue shall submit to ,congress a report on the plan established under subparagraph 7,a71 including-- 7,i7 any updates to the plan2 7,,ii7 progress made in implementing the plan2 and 7,,iii7 any changes in circumstances or challenges in implementing the plan4 7ii7 ,applicable period ,for purposes of clause 7i71 the applicable period is the period beginning #a year after the date the report under subparagraph 7,a7 is due and ending on ,september #cj1 #bjca4 7,c7 ,reduction in appropriation 7i7 ,in general ,in the case of any failure to submit a plan required under subparagraph 7,a7 or a report required under subparagraph 7,b7 by the required date1 the amounts made available under paragraph 7#a77;,a77i7 shall be reduced by #ajj1jjj for each day after such required date that report has not been submitted to ,congress4 7ii7 ,required date ,for purposes of clause 7i71 the required date is the date that is #fj days after the date the plan or report is required to be submitted under subparagraph 7,a7 or 7,b71 as the case may be4 7#c7 ,no tax increases on certain taxpayers ,nothing in this subsection is intended to increase taxes on any taxpayer with a taxable income below #djj1jjj4 7b7 ,personnel flexibilities ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 may use the funds made available under subsection 7a77#a77;,a71 subject to such policies as the ,secretary 7or the ,secretary's delegate7 may establish1 to take such personnel actions as the ,secretary 7or the ,secretary's delegate7 determines necessary to administer the ,internal ,revenue ,code of #aihf1 including-- 7#a7 utilizing direct hire authority to recruit and appoint qualified applicants1 without regard to any notice or preference requirements1 directly to positions in the competitive service2 7#b7 in addition to the authority under section #ghab7a7 of the ,internal ,revenue ,code of #aihf1 appointing not more than #bjj individuals to positions in the ,internal ,revenue ,service under streamlined critical pay authority1 except that-- 7,a7 the authority to offer streamlined critical pay under this paragraph shall expire on ,september #cj1 #bjca2 and 7,b7 the positions for which streamlined critical pay is authorized under this paragraph may include positions critical to the purposes described in subclauses 7,i71 7,,ii71 and 7,,iii7 of subsection 7a77#a77;,a77i72 and 7#c7 appointing1 without approval of the ,office of ,personnel ,management1 not more than #cjj individuals to critical pay positions in the ,internal ,revenue ,service for which-- 7,a7 the rate of basic pay may not exceed the salary set in accordance with section #ajd of title #c1 ,united ,states ,code2 and 7,b7 the total annual compensation paid to an employee in such a position1 including allowances1 differentials1 bonuses1 awards1 and similar cash payments1 may not exceed the maximum amount of total annual compensation payable at the salary set in accordance with section #ajd of title #c1 ,united ,states ,code4 #achdjb4 ,application of backup withholding with respect to third party network transactions 7a7 ,in general ,section #cdjf7;b7 is amended by adding at the end the following new paragraph3 7#h7 ,other reportable payments include payments in settlement of third party network transactions only where aggregate for calendar year is #fjj or more ,any payment in settlement of a third party network transaction required to be shown on a return required under section #fjej,w which is made during any calendar year shall be treated as a reportable payment only if-- 7,a7 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 #fjj1 or 7,b7 the third party settlement organization was required under section #fjej,w to file a return for the preceding calendar year with respect to payments to the participating payee4 4 7b7 ,conforming amendment ,section #fjej,w7e7 is amended by inserting equal or before exceed #fjj4 7c7 ,effective date ,the amendments made by this section shall apply to calendar years beginning after ,december #ca1 #bjba4 7d7 ,transitional rule for #bjbb ,in the case of payments made during calendar year #bjbb1 section #cdjf7;b77#h77;,a7 of the ,internal ,revenue ,code of #aihf 7as added by this section7 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 #bjj before the comma at the end4 #achdjc4 ,modification of procedural requirements relating to assessment of penalties 7a7 ,repeal of approval requirement ,section #fgea is amended by striking subsection 7b74 7b7 ,quarterly certifications of compliance with procedural requirements ,section #fgea1 as amended by subsection 7a7 of this section1 is amended by inserting after subsection 7a7 the following new subsection3 7b7 ,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 7a7 and administrative policies intended to ensure voluntary compliance have been met with respect to notices of penalty issued by such employees4 4 7c7 ,effective dates 7#a7 ,repeal of approval requirement ,the amendment made by subsection 7a7 shall take effect as if included in section #ccjf of the ,internal ,revenue ,service ,restructuring and ,reform ,act of #aiih4 7#b7 ,quarterly certifications of compliance with procedural requirements ,the amendment made by subsection 7b7 shall apply to notices of penalty issued after the date of the enactment of this ,act4 #e ,other provisions #acheja4 ,modifications to limitation on deduction of excessive employee remuneration 7a7 ,in general ,section #afb7m7 is amended by adding at the end the following new paragraph3 7#g7 ,special rules related to limitation on deduction of excessive employee remuneration 7,a7 ,aggregation rule ,a rule similar to the rule of paragraph 7#f77;,c77ii7 shall apply for purposes of paragraph 7#a74 7,b7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of paragraph 7#a71 including regulations or other guidance to prevent the avoidance of such purposes1 including through the performance of services other than as an employee or by providing compensation through a pass-through or other entity4 4 7b7 ,applicable employee remuneration ,section #afb7m77#d77;,a7 is amended-- 7#a7 by inserting 7including performance-based compensation1 commissions1 post-termination compensation1 and beneficiary payments7 after remuneration for services1 and 7#b7 by inserting and whether or not such remuneration is paid directly by the publicly held corporation after whether or not during the taxable year4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achejb4 ,extension of tax to fund ,black ,lung ,disability ,trust ,fund 7a7 ,in general ,section #daba7;e77#b77;,a7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbe4 7b7 ,effective date ,the amendment made by this section shall apply to sales after ,december #ca1 #bjba4 #achejc4 ,prohibited transactions relating to holding ,,disc or ,,fsc in individual retirement account 7a7 ,in general ,section #dige7;c77#a7 is amended by striking or at the end of subparagraph 7,e71 by striking the period at the end of subparagraph 7,f7 and inserting 2 or1 and by adding at the end the following new subparagraph3 7,g7 investment1 at the direction of a disqualified person1 by an individual retirement account in an interest in a ,,disc or ,,fsc that receives any commission1 or other payment1 from an entity any stock or interest in which is owned by the individual for whose benefit the account is maintained4 4 7b7 ,special rules of application ,section #dige7;c7 is amended by adding at the end the following new paragraph3 7#h7 ,special rules of application for ,,disc and ,,fsc investments 7,a7 ,indirect holding of ,,disc or ,,fsc ,for purposes of paragraph 7#a77;,g71 investment by an individual retirement account in an interest in an entity that owns 7directly or indirectly7 an interest in a ,,disc or ,,fsc shall be treated as investment by such account in an interest in such ,,disc or ,,fsc4 7,b7 ,constructive ownership ,for purposes of determining ownership of stock 7or any other interest7 in an entity under paragraph 7#a77;,g7 and ownership of an interest in a ,,disc or ,,fsc under subparagraph 7,a71 the rules prescribed by section #cah for determining ownership shall apply1 except that such section shall be applied by substituting #aj percent for #ej percent each place it appears4 7,c7 ,,disc and ,,fsc ,for purposes of this subsection1 the terms ,,disc and ,,fsc shall have the respective meanings given such terms by section #iib7;a77#a77 and section #ibb7;a7 7as in effect before its repeal by the ,,fsc ,repeal and ,extraterritorial ,income ,exclusion ,act of #bjjj74 4 7c7 ,application of tax to terminated individual retirement accounts ,section #dige7;c77#c7 is amended by adding at the end the following3 ,the preceding sentence shall not apply in the case of a prohibited transaction described in paragraph 7#a77;,g744 7d7 ,related rules for individual retirement accounts 7#a7 ,in general ,section #djh7;a7 is amended by inserting after paragraph 7#f7 the following new paragraph3 7#g7 ,no part of the trust funds will be invested in any interest in a ,,disc or a ,,fsc that receives any commission1 or other payment1 from an entity any stock or interest in which is owned by the individual for whose benefit the trust is maintained4 ,for purposes of the preceding sentence1 the definitions and rules of section #dige7;c77#h7 shall apply4 4 7e7 ,loss of exemption of account ,section #djh7;e77#b71 as amended by the preceding provisions of this ,act1 is amended-- 7#a7 by redesignating subparagraph 7,b7 as subparagraph 7,c71 7#b7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 ,prohibited investment ,if1 during any taxable year of the individual for whose benefit any individual retirement account is maintained1 the investment of any part of the funds of such individual retirement account does not comply with subsection 7a77#g71 such account ceases to be an individual retirement account as of the first day of such taxable year4 ,for purposes of this subparagraph1 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 account4 1 7#c7 by striking where employee engages in prohibited transaction in the heading and inserting in case of certain prohibited transactions and investments1 7#d7 by striking 7,a7 in subparagraph 7,c71 as so redesignated1 and inserting 7,a7 or 7,b74 7f7 ,conforming amendments 7#a7 ,section #djh7;c77#a7 is amended by striking 7#a7 through 7#f7 and inserting 7#a7 through 7#g74 7#b7 ,section #dige7;c77#c7 is amended-- 7,a7 striking established and inserting maintained1 7,b7 by striking transaction both places it appears and inserting transaction or investment1 and 7,c7 by striking section #djh7;e77#b77;,a7 and inserting subparagraph 7,a7 or 7,b7 of section #djh7;e77#b74 7g7 ,effective date ,the amendments made by this section shall apply to stock and other interests acquired or held on or after ,december #ca1 #bjba4 #achejd4 ,clarification of treatment of ,,disc gains and distributions of certain foreign shareholders 7a7 ,in general ,section #iif7;g7 is amended by striking of such shareholder and inserting deemed to be had by such shareholder4 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply to gains and distributions after ,december #ca1 #bjba4 7c7 ,application to foreign sales corporations ,in the case of any distribution after ,december #ca1 #bjba1 section #ibf7;b77#a7 of the ,internal ,revenue ,code of #aihf 7prior to its repeal by the ,,fsc ,repeal and ,extraterritorial ,income ,exclusion ,act of #bjjj7 shall be applied by substituting deemed to be had by such shareholder for of such shareholder4 7d7 ,no inference ,this section 7and the amendments made by this section7 shall not be construed to create any inference with respect to the proper application of any provision of the ,internal ,revenue ,code of #aihf with respect to gains and distributions before ,january #a1 #bjbb4 #acheje4 ,treatment of certain qualified sound recording productions 7a7 ,election ,to treat costs as expenses ,section #aha7;a77#a7 is amended by striking qualified film or television production1 and any qualified live theatrical production1 and inserting qualified film or television production1 any qualified live theatrical production1 and any qualified sound recording production4 7b7 ,dollar limitation ,section #aha7;a77#b7 is amended by adding at the end the following new subparagraph3 7,c7 ,qualified sound recording production ,paragraph 7#a7 shall not apply to so much of the aggregate cost of any qualified sound recording production1 or to so much of the aggregate1 cumulative cost of all such qualified sound recording productions in the taxable year1 as exceeds #aej1jjj4 4 7c7 ,no other deduction or amortization deduction allowable ,section #aha7;b7 is amended by striking qualified film or television production or any qualified live theatrical production and inserting qualified film or television production1 any qualified live theatrical production1 or any qualified sound recording production4 7d7 ,election ,section #aha7;c77#a7 is amended by striking qualified film or television production or any qualified live theatrical production and inserting qualified film or television production1 any qualified live theatrical production1 or any qualified sound recording production4 7e7 ,qualified sound recording production defined ,section #aha is amended by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively1 and by inserting after subsection 7e7 the following new subsection3 7f7 ,qualified sound recording production ,for purposes of this section1 the term qualified sound recording production means a sound recording 7as defined in section #aja of title #ag1 ,united ,states ,code7 produced and recorded in the ,united ,states4 4 7f7 ,termination ,section #aha7;h7 7as redesignated by subsection 7e77 is amended by striking or qualified live theatrical productions and inserting 1 qualified live theatrical productions1 or qualified sound recording productions4 7g7 ,bonus depreciation 7#a7 ,qualified sound recording production as qualified property ,section #afh7k77#b77;,a77i7 is amended-- 7,a7 by striking or at the end of subclause 7,,iv71 by adding or at the end of subclause 7,v71 and by inserting after subclause 7,v7 the following3 7,,vi7 which is a qualified sound recording production 7as defined in subsection 7f7 of section #aha7 for which a deduction would have been allowable under section #aha without regard to subsections 7a77#b7 and 7h7 of such section or this subsection1 1 and 7,b7 in subclauses 7,,iv7 and 7,v7 7as amended7 by striking without regard to subsections 7a77#b7 and 7g7 both places it appears and inserting without regard to subsections 7a77#b7 and 7h74 7#b7 ,production placed in service ,section #afh7k77#b77;,h7 is amended by striking and at the end of clause 7i71 by striking the period at the end of clause 7ii7 and inserting 1 and1 and by adding after clause 7ii7 the following3 7iii7 a qualified sound recording production shall be considered to be placed in service at the time of initial release or broadcast4 4 7h7 ,conforming amendments 7#a7 ,the heading for section #aha is amended to read as follows3 ,treatment of certain qualified productions44 7#b7 ,the table of sections for part ,,vi of subchapter ,b of chapter #a is amended by striking the item relating to section #aha and inserting the following new item3 ,sec4 #aha4 ,treatment of certain qualified productions4 4 7i7 ,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 ,act4 #achejf4 ,payment to certain individuals who dye fuel 7a7 ,in general ,subchapter ,b of chapter #fe is amended by adding at the end the following new subsection3 #fdcc4 ,dyed fuel 7a7 ,in general ,if a person establishes to the satisfaction of the ,secretary that such person meets the requirements of subsection 7b7 with respect to diesel fuel or kerosene1 then the ,secretary shall pay to such person an amount 7without interest7 equal to the tax described in subsection 7b77#b77;,a7 with respect to such diesel fuel or kerosene4 7b7 ,requirements 7#a7 ,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 kerosene4 7#b7 ,eligible indelibly dyed diesel fuel or kerosene defined ,the term eligible indelibly dyed diesel fuel or kerosene means diesel fuel or kerosene-- 7,a7 with respect to which a tax under section #djha was previously paid 7and not credited or refunded71 and 7,b7 which is exempt from taxation under section #djhb7;a74 7c7 ,cross reference ,for civil penalty for excessive claims under this section1 see section #ffge4 4 7b7 ,conforming amendments 7#a7 ,section #fbjf is amended-- 7,a7 by striking or #fdbg each place it appears and inserting #fdbg1 or #fdcc1 and 7,b7 by striking #fdbj and #fdba and inserting #fdbj1 #fdba1 and #fdcc4 7#b7 ,section #fdcj is amended-- 7,a7 by striking or at the end of paragraph 7#b71 by striking the period at the end of paragraph 7#c7 and inserting or1 and by adding at the end the following new paragraph3 7#d7 which are removed as eligible indelibly dyed diesel fuel or kerosene under section #fdcc4 4 7#c7 ,section #ffge is amended-- 7,a7 in subsection 7a71 by striking or #fdbg 7relating to fuels not used for taxable purposes7 and inserting #fdbg 7relating to fuels not used for taxable purposes71 or #fdcc 7relating to eligible indelibly dyed fuel71 and 7,b7 in subsection 7b77#a71 by striking #fdba1 or #fdbg1 and inserting #fdba1 #fdbg1 or #fdcc4 7#d7 ,the table of sections for subchapter ,b of chapter #fe is amended by adding at the end the following new item3 ,sec4 #fdcc4 ,dyed fuel4 4 7c7 ,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 #ahj days after the date of the enactment of this section4 #achejg4 ,treatment of financial guaranty insurance companies as qualifying insurance corporations under passive foreign investment company rules 7a7 ,in general ,section #abig7;f77#c7 is amended by adding at the end the following new subparagraph3 7,c7 ,special rules for financial guaranty insurance companies 7i7 ,in general ,notwithstanding subparagraphs 7,a77ii7 and 7,b71 the applicable insurance liabilities of a financial guaranty insurance company shall include its unearned premium reserves if-- 7,i7 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 contract1 7,,ii7 the applicable financial statement of such company reports financial guaranty exposure of at least #ae-to-#a or ,state or local bond exposure of at least #i-to-#a 7#h-to-#a in the case of a taxable year of such company which ends on or before ,december #ca1 #bjah71 and 7,,iii7 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 7,d7 of section #d of the ,financial ,guaranty ,insurance ,guideline 7modified 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 reserves74 7ii7 ,application of alternative facts and circumstances test ,a financial guaranty insurance company shall be treated as satisfying the requirements of paragraph 7#b77;,b77ii74 7iii7 ,financial guaranty insurance company ,for purposes of this subparagraph1 the term financial guaranty insurance company means any insurance company the sole business of which is writing or reinsuring financial guaranty insurance 7as defined in subsection 7,a7 of section #a of the ,financial ,guaranty ,insurance ,guideline7 which is permitted under subsection 7,b7 of section #d of such ,guideline4 7iv7 ,financial guaranty exposure ,for purposes of this subparagraph1 the term financial guaranty exposure means the ratio of-- 7,i7 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 7as reported on such company's applicable financial statement71 to 7,,ii7 the company's total assets 7as so reported74 7v7 ,state or local bond exposure ,for purposes of this subparagraph1 the term ,state or local bond exposure means the ratio of-- 7,i7 the net unpaid principal of ,state or local bonds 7as defined in section #ajc7;c77#a77 insured or reinsured by the company that is within the single risk limits set forth in the ,financial ,guaranty ,insurance ,guideline 7as reported on such company's applicable financial statement71 to 7,,ii7 the company's total assets 7as so reported740 7vi7 ,financial ,guaranty ,insurance ,guideline ,for purposes of this subparagraph-- 7,i7 ,in general ,the term ,financial ,guaranty ,insurance ,guideline means the ,october #bjjh model regulation that was adopted by the ,national ,association of ,insurance ,commissioners on ,december #d1 #bjjg4 7,,ii7 ,determinations made by ,secretary ,the determination of whether any provision of the ,financial ,guaranty ,insurance ,guideline has been satisfied shall be made by the ,secretary4 4 7b7 ,reporting of certain items ,section #abig7;f77#d7 is amended by adding at the end the following new subparagraph3 7,c7 ,clarification that certain items on applicable financial statement be separately reported with respect to corporation ,an amount described in paragraph 7#a77;,b7 or clause 7i77,,ii71 7i77,,iii71 7iv77,i71 7iv77,,ii71 7v77,i71 or 7v77,,ii7 of paragraph 7#c77;,c7 shall be treated as reported on an applicable financial statement for purposes of this section if-- 7i7 such amount is separately reported on such statement with respect to the corporation referred to in paragraph 7#a71 or 7ii7 such amount is separately determined for purposes of calculating an amount which is reported on such statement4 7,d7 ,authority of ,secretary to require reporting 7i7 ,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 require4 7ii7 ,specified non-publicly traded foreign corporation ,for purposes of this subparagraph1 the term specified non-publicly traded foreign corporation means any foreign corporation-- 7,i7 which would be a passive foreign investment company if subsection 7b77#b77;,b7 did not apply1 and 7,,ii7 no interest in which is traded on an established securities market4 4 7c7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall take effect as if included in section #adeja of ,public ,law #aae-ig4 7#b7 ,reporting ,the amendment made by subsection 7b7 shall apply to reports made after the date of the enactment of this ,act4 #achejh4 ,extension of period of limitation for certain legally married couples 7a7 ,in general ,in the case of an individual first treated as married for purposes of the ,internal ,revenue ,code of #aihf by the application of the holdings of ,revenue ,ruling #bjac-ag-- 7#a7 if such individual filed a return 7other than a joint return7 for a taxable year ending before ,september #af1 #bjac1 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 filing1 such return shall be treated as a separate return within the meaning of section #fjac7;b7 of such ,code and the time prescribed by section #fjac7;b77#b77;,a7 of such ,code for filing a joint return after filing a separate return shall not expire before the date prescribed by law 7including extensions7 for filing the return of tax for the taxable year that includes the date of the enactment of this ,act1 and 7#b7 in the case of a joint return filed pursuant to paragraph 7#a7-- 7,a7 the period of limitation prescribed by section #feaa7;a7 of such ,code for any such taxable year shall be extended until the date prescribed by law 7including extensions7 for filing the return of tax for the taxable year that includes the date of the enactment of this ,act1 and 7,b7 section #feaa7;b77#b7 of such ,code shall not apply to any claim of credit or refund with respect to such return4 7b7 ,amendments1 etc4 restricted to change in marital status ,subsection 7a7 shall apply only with respect to amendments to the return of tax1 and claims for credit or refund1 relating to a change in the marital status for purposes of the ,internal ,revenue ,code of #aihf of the individual4 #achead4 ,allowance of deduction for certain expenses of the trade or business of being an employee 7a7 ,above-the-,line deduction for union dues ,section #fb7;a77#b7 is amended by adding at the end the following new subparagraph3 7,f7 ,union dues ,in the case of any taxable year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbf1 the deductions allowed by section #afb which are both-- 7,a7 not in excess of #bej1 and 7,b7 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 #eja7;c77#e7 and with respect to which such taxpayer remained a member through the end of the taxable year4 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acheae4 ,temporary increase in employer-provided child care credit 7a7 ,in general ,section #de;,f is amended by adding at the end the following new subsection3 7g7 ,temporary increase ,in the case of any taxable year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbf-- 7#a7 ,increase in percentage of credit for qualified child care expenditures ,subsection 7a77#a7 shall be applied by substituting #ej percent for #be percent4 7#b7 ,increase in dollar limitation ,subsection 7b7 shall be applied by substituting #ejj1jjj for #aej1jjj4 7#c7 ,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 7a77#b7 for any taxable year shall not exceed #a1ejj1jjj4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acheaf4 ,payroll credit for compensation of local news journalists 7a7 ,in general ,subchapter ,d of chapter #ba is amended by adding at the end the following new section3 #cace4 ,local news journalist compensation credit 7a7 ,in general ,in the case of an eligible local news journalist employer1 there shall be allowed as a credit against the taxes imposed by section #caaa7;b7 for each calendar quarter an amount equal to the applicable percentage of wages paid by such employer to local news journalists for such calendar quarter4 7b7 ,limitations and refundability 7#a7 ,number of local news journalists taken into account ,the number of local news journalists which may be taken into account under subsection 7a7 with respect to any eligible local news journalist employer for any calendar quarter shall not exceed #a1ejj4 7#b7 ,wages taken into account ,the amount of wages paid with respect to any individual which may be taken into account under subsection 7a7 during any calendar quarter by the eligible local news journalist employer shall not exceed #ab1ejj4 7#c7 ,credit limited to employment taxes ,the credit allowed by subsection 7a7 with respect to any calendar quarter shall not exceed the taxes imposed by section #caaa7;b7 on the wages paid with respect to the employment of all the employees of the eligible local news journalist employer for such calendar quarter4 7#d7 ,refundability of excess credit ,if the amount of the credit under subsection 7a7 exceeds the limitation of paragraph 7#c7 for any calendar quarter1 such excess shall be treated as an overpayment that shall be refunded under sections #fdjb7;a7 and #fdac7;b74 7c7 ,eligible local news journalist employer ,for purposes of this section-- 7#a7 ,in general ,the term eligible local news journalist employer means1 with respect to any calendar quarter1 any employer which-- 7,a7 is-- 7i7 an eligible local news organization1 or 7ii7 a qualifying broadcast station1 and 7,b7 employs local news journalists4 7#b7 ,eligible local news organization ,the term eligible local news organization means1 with respect to any calendar quarter1 any employer-- 7,a7 which publishes one or more qualifying publications during the calendar quarter1 7,b7 which is not a disqualified organization1 and 7,c7 which did not derive more than #ej percent of its gross receipts for such calendar quarter from disqualified organizations4 7#c7 ,qualifying broadcast station ,the term qualifying broadcast station means1 with respect to any calendar quarter1 any employer-- 7,a7 which owns or operates a broadcast station 7as defined in section #c of the ,communications ,act of #aicd71 7,b7 which is not a disqualified organization1 7,c7 which did not derive more than #ej percent of its gross receipts for such calendar quarter from disqualified organizations1 and 7,d7 which discloses its ownership to the public at such times and in such manner as identified by the ,secretary4 7d7 ,other definitions ,for purposes of this section-- 7#a7 ,applicable percentage ,the term applicable percentage means-- 7,a7 in the case of each of the first #d calendar quarters to which this section applies1 #ej percent1 and 7,b7 in the case of each calendar quarter thereafter1 #cj percent4 7#b7 ,local news journalist 7,a7 ,in general ,the term local news journalist means1 with respect to any eligible local news journalist employer for any calendar quarter1 any full-time employee 7as defined in section #dihj;,h7c77#d77 who-- 7i7 provides qualified services for an average of not less than #cj hours per week for each week during which such employee is employed by the eligible local news journalist employer during the calendar quarter1 and 7ii7 resides within #ej miles of the local community with respect to the qualifying publication or qualifying broadcast station with respect to which the qualified services are provided4 7,b7 ,qualified services ,for purposes of subparagraph 7,a77ii71 the term qualified services means services-- 7i7 which consist of gathering1 preparing1 directing the recording of1 producing1 collecting1 photographing1 recording1 writing1 editing1 reporting1 presenting1 or publishing original local community news for dissemination to the local community1 and 7ii7 which are provided with respect to-- 7,i7 a qualifying publication of an eligible local news organization1 or 7,,ii7 the local community of a qualifying broadcast station4 7#c7 ,qualifying publication ,the term qualifying publication means1 with respect to any calendar quarter1 any print or digital publication-- 7,a7 the primary purpose of which is to serve a local community by providing local news1 7,b7 which-- 7i7 is published during the calendar quarter1 and 7ii7 has been published during each of the #d calendar quarters preceding such calendar quarter1 7,c7 which is covered by media liability insurance for such calendar quarter1 7,d7 which discloses its ownership to the public at such times and in such manner as identified by the ,secretary1 and 7,e7 which receives services from not more than #a1ejj persons during such calendar quarter4 7#d7 ,local community ,the term local community means1 with respect to any qualifying broadcast station or qualifying publication1 a geographically contiguous area that does not exceed the boundaries of-- 7,a7 in the case of a qualifying broadcast station1 the area for which the qualifying broadcast station is licensed to serve by the ,federal ,communications ,commission under section #cjg of the ,communications ,act of #aicd1 and 7,b7 in the case of a qualifying publication-- 7i7 the metropolitan or micropolitan statistical area1 as defined by the ,office of ,management and ,budget1 in which the qualifying publication is primarily distributed1 7ii7 if such qualifying publication is not primarily distributed in a metropolitan or micropolitan statistical area1 political subdivision of the ,state in which such qualifying publication is primarily distributed1 or 7iii7 if such qualifying publication is not primarily distributed in a metropolitan or micropolitan statistical area or a political subdivision of a ,state1 the ,state in which such qualifying publication is primarily distributed4 ,for purposes of subparagraph 7,b71 in the case of a qualifying publication which is a digital publication1 such qualifying publication shall be considered to be primarily distributed in the area where such publication is primarily consumed4 7#e7 ,disqualified organization ,the term disqualified organization means-- 7,a7 any organization described in section #eja7;c77#d7 and exempt from tax under section #eja7;a71 7,b7 any organization described in section #ebg1 and 7,c7 any organization that is owned or controlled 7directly or indirectly7 by one or more organizations described in subparagraph 7,a7 or 7,b74 7#f7 ,gross receipts 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term gross receipts has the meaning given such term as used in section #ddh7;c74 7,b7 ,tax-exempt organizations ,in the case of an organization which is described in section #eja7;c7 and exempt from tax under section #eja7;a71 any reference in this section to gross receipts shall be treated as a reference to gross receipts within the meaning of section #fjcc4 7#g7 ,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 chapter4 7e7 ,aggregation rule ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb1 or subsection 7m7 or 7o7 of section #dad1 shall be treated as one employer for purposes of this section4 7f7 ,certain rules to apply 7#a7 ,in general ,for purposes of this section-- 7,a7 except as provided in paragraph 7#b71 rules similar to the rules of section #ea7;i77#a7 shall apply1 and 7,b7 rules similar to the rules of section #bhj;,c7a7 shall apply4 7#b7 ,exception ,paragraph 7#a77;,a7 shall not apply with respect to any local news journalist of an eligible local news journalist employer which employs fewer than #ae local news journalists during the calendar quarter4 7g7 ,certain governmental employers 7#a7 ,in general ,this credit shall not apply to the ,government of the ,united ,states1 the government of any ,state or political subdivision thereof1 or any agency or instrumentality of any of the foregoing4 7#b7 ,exception ,paragraph 7#a7 shall not apply to any public broadcasting entity 7as defined in section #cig7aa7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cig7aa7774 7h7 ,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 7at such time and in such manner as the ,secretary may prescribe7 not to have this section apply4 7i7 ,special rules 7#a7 ,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 #ea with respect to such employee for such period4 7#b7 ,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 #da1 #de;,a1 #de,p1 #de,s1 or #acif4 7#c7 ,third-party payors ,any credit allowed under this section shall be treated as a credit described in section #ceaa7;d77#b7 of such ,code4 7j7 ,treatment of deposits ,the ,secretary shall waive any penalty under section #ffef for any failure to make a deposit of any taxes imposed under section #caaa7;b7 if the ,secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section4 7k7 ,extension of ,limitation on ,assessment ,notwithstanding section #feja1 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 #e years after the later of-- 7#a7 the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed1 or 7#b7 the date on which such return is treated as filed under section #feja7;b77#b74 7l7 ,regulations and guidance ,the ,secretary shall issue such forms1 instructions1 regulations1 and guidance as are necessary-- 7#a7 with respect to the application of the credit under subsection 7a7 to third-party payors 7including professional employer organizations1 certified professional employer organizations1 or agents under section #cejd71 including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors1 and 7#b7 to prevent the avoidance of the purposes of the limitations under this section4 ,any forms1 instructions1 regulations1 or other guidance described in paragraph 7#a7 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 customer4 7m7 ,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 #e years after the first day of the first calendar quarter to which this section applies4 4 7b7 ,refunds ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 is amended by inserting #cace1 after #cacd14 7c7 ,clerical amendment ,the table of sections for subchapter ,d of chapter #ba is amended by adding at the end the following3 ,sec4 #cace4 ,local news journalist compensation credit4 4 7d7 ,effective date ,the amendments made by this section shall apply to calendar quarters beginning after the date of the enactment of this ,act4 #acheag4 ,above-the-line deduction for employee uniforms 7a7 ,in general ,section #fb7;a77#b71 as amended by the preceding provision of this ,act1 is amended by adding at the end the following new subparagraph3 7,g7 ,work clothes and uniforms ,in the case of any taxable year beginning after ,december #ca1 #bjba1 and before ,january #a1 #bjbe1 the deductions allowed by section #afb1 not in excess of #bej1 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-- 7i7 required to be worn as a condition of employment1 and 7ii7 not suitable for everyday wear4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #acheah4 ,expenses in contingency fee cases 7a7 ,in general ,section #afb is amended by redesignating subsection 7s7 as subsection 7t7 and by inserting after subsection 7r7 the following new subsection3 7s7 ,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-- 7#a7 the deduction under subsection 7a7 shall be determined by disregarding the possibility that such amount will be repaid1 and 7#b7 income attributable to any related recovery shall not be reduced by such amount4 4 7b7 ,effective date ,the amendments made by this section shall apply to amounts paid1 incurred1 or received in taxable years beginning after the date of the enactment of this ,act4 #acheai4 ,increase in research credit against payroll tax for small businesses 7a7 ,in general ,clause 7i7 of section #da7;h77#d77;,b7 is amended-- 7#a7 by striking ,amount4--,the amount and inserting 8,amount4-- 7,i7 ,in general ,the amount 1 and 7#b7 by adding at the end the following new subclause3 7,,ii7 ,increase ,in the case of taxable years beginning after ,december #ca1 #bjba1 the amount in subclause 7,i7 shall be increased by #bej1jjj4 4 7b7 ,allowance of credit 7#a7 ,in general ,paragraph 7#a7 of section #caaa7;f7 is amended-- 7,a7 by striking for a taxable year1 there shall be allowed and inserting 8for a taxable year-- 7,a7 there shall be allowed 1 7,b7 by striking equal to the and inserting equal to so much of the1 7,c7 by striking the period at the end and inserting as does not exceed the limitation of subclause 7,i7 of section #da7;h77#d77;,b77i7 7applied without regard to subclause 7,,ii7 thereof71 and1 and 7,d7 by adding at the end the following new subparagraph3 7,b7 there shall be allowed as a credit against the tax imposed by subsection 7b7 for the first calendar quarter which begins after the date on which the taxpayer files the return specified in section #da7;h77#d77;,a77ii7 an amount equal to so much of the payroll tax credit portion determined under section #da7;h77#b7 as is not allowed as a credit under subparagraph 7,a74 4 7#b7 ,limitation ,paragraph 7#b7 of section #caaa7;f7 is amended-- 7,a7 by striking paragraph 7#a7 and inserting paragraph 7#a77;,a71 and 7,b7 by inserting 1 and the credit allowed by paragraph 7#a77;,b7 shall not exceed the tax imposed by subsection 7b7 for any calendar quarter1 after calendar quarter4 7#c7 ,carryover ,paragraph 7#c7 of section #caaa7;f7 is amended by striking the credit and inserting any credit4 7#d7 ,deduction allowed ,paragraph 7#d7 of section #caaa7;f7 is amended-- 7,a7 by striking credit and inserting credits1 and 7,b7 by striking subsection 7a7 and inserting subsection 7a7 or 7b74 7c7 ,aggregation rules ,clause 7ii7 of section #da7;h77#e77;,b7 is amended by striking the #bej1jjj amount and inserting each of the #bej1jjj amounts4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4 #achebj4 ,imposition of tax on nicotine 7a7 ,in general ,section #egja is amended by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following new subsection3 7h7 ,nicotine ,on taxable nicotine1 manufactured in or imported into the ,united ,states1 there shall be imposed a tax equal to the dollar amount specified in section #egja7;b77#a7 7or1 if greater1 #ej4cc7 per #a1haj milligrams of nicotine 7and a proportionate tax at the like rate on any fractional part thereof74 4 7b7 ,taxable nicotine ,section #egjb is amended by adding at the end the following new subsection3 7q7 ,taxable nicotine 7#a7 ,in general ,except as otherwise provided in this subsection1 the term taxable nicotine means any nicotine which has been extracted1 concentrated1 or synthesized4 7#b7 ,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-- 7,a7 a drug-- 7i7 that is approved under section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act or licensed under section #cea of the ,public ,health ,service ,act2 or 7ii7 for which an investigational use exemption has been authorized under section #eje7;i7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act or under section #cea7;a7 of the ,public ,health ,service ,act2 or 7,b7 a combination product 7as described in section #ejc7;g7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act71 the constituent parts of which were approved or cleared under section #eje1 #eaj7k71 or #eae of such ,act4 7#c7 ,coordination with taxation of other tobacco products ,tobacco products meeting the definition of cigars1 cigarettes1 smokeless tobacco1 pipe tobacco1 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 process4 7#d7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection1 including regulations or other guidance for coordinating the taxation of tobacco products and taxable nicotine to protect revenue and prevent double taxation4 4 7c7 ,taxable nicotine treated as a tobacco product ,section #egjb7;c7 is amended by striking and roll-your-own tobacco and inserting roll-your-own tobacco1 and taxable nicotine4 7d7 ,manufacturer of taxable nicotine ,section #egjb1 as amended by subsection 7b71 is amended by adding at the end the following new subsection3 7r7 ,manufacturer of taxable nicotine 7#a7 ,in general ,any person who extracts1 concentrates1 or synthesizes nicotine shall be treated as a manufacturer of taxable nicotine 7and as manufacturing such taxable nicotine74 7#b7 ,application of rules related to manufacturers of tobacco products ,any reference to a manufacturer of tobacco products1 or to manufacturing tobacco products1 shall be treated as including a reference to a manufacturer of taxable nicotine1 or to manufacturing taxable nicotine1 respectively4 4 7e7 ,effective date 7#a7 ,in general ,the amendments made by this section shall apply to articles removed in calendar quarters beginning after the date which is #ahj days after the date of the enactment of this ,act4 7#b7 ,transition rule for permit and bond requirements ,a person which is lawfully engaged in business as a manufacturer or importer of taxable nicotine 7within the meaning of subchapter ,a of chapter #eb of the ,internal ,revenue ,code of #aihf1 as amended by this section7 on the date of the enactment of this ,act1 first becomes subject to the requirements of subchapter ,b of chapter #eb of such ,code by reason of the amendments made by this section1 and submits an application under such subchapter ,b to engage in such business not later than #ij days after the date of the enactment of this ,act1 shall not be denied the right to carry on such business by reason of such requirements before final action on such application4 #acheba4 ,termination of employer credit for paid family and medical leave ,section #de,s7i7 is amended by striking ,december #ca1 #bjbe and inserting ,december #ca1 #bjbc4 ,i ,drug ,pricing #a ,lowering ,prices ,through ,drug ,price ,negotiation #acijja4 ,providing for lower prices for certain high-priced single source drugs 7a7 ,program ,to lower prices for certain high-,priced single source drugs ,title ,,xi of the ,social ,security ,act is amended by adding after section #aahd 7#db ,u4,s4,c4 #acbj;e-#c7 the following new part3 ,e ,price ,negotiation ,program to ,lower ,prices for ,certain ,high-,priced ,single ,source ,drugs #aaia4 ,establishment of program 7a7 ,in general ,the ,secretary shall establish a ,drug ,price ,negotiation ,program 7in this part referred to as the program74 ,under the program1 with respect to each price applicability period1 the ,secretary shall-- 7#a7 publish a list of negotiation-eligible drugs and selected drugs in accordance with section #aaib2 7#b7 enter into agreements with manufacturers of selected drugs with respect to such period1 in accordance with section #aaic2 7#c7 negotiate and1 if applicable1 renegotiate maximum fair prices for such selected drugs1 in accordance with section #aaid2 and 7#d7 carry out the administrative duties described in section #aaif4 7b7 ,definitions relating to timing ,for purposes of this part3 7#a7 ,initial price applicability year ,the term initial price applicability year means a year 7beginning with #bjbe74 7#b7 ,price applicability period ,the term price applicability period means1 with respect to a qualifying single source drug1 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 drug4 7#c7 ,selected drug publication date ,the term selected drug publication date means1 with respect to each initial price applicability year1 ,february #a of the year that begins #b years prior to such year4 7#d7 ,negotiation period ,the term negotiation period means1 with respect to an initial price applicability year with respect to a selected drug1 the period-- 7,a7 beginning on the sooner of-- 7i7 the date on which the manufacturer of the drug and the ,secretary enter into an agreement under section #aaic with respect to such drug2 or 7ii7 ,february #bh following the selected drug publication date with respect to such selected drug2 and 7,b7 ending on ,november #a of the year that begins #b years prior to the initial price applicability year4 7c7 ,other definitions ,for purposes of this part3 7#a7 ,maximum fair price eligible individual ,the term maximum fair price eligible individual means1 with respect to a selected drug-- 7,a7 in the case such drug is dispensed to the individual at a pharmacy1 by a mail order service1 or by another dispenser1 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 drug2 and 7,b7 in the case such drug is furnished or administered to the individual by a hospital1 physician1 or other provider of services or supplier1 an individual who is enrolled under part ,b of title ,,xviii1 including an individual who is enrolled under an ,,ma plan under part ,c of such title1 if such selected drug is covered under such part4 7#b7 ,maximum fair price ,the term maximum fair price means1 with respect to a year during a price applicability period and with respect to a selected drug 7as defined in section #aaib7;c77 with respect to such period1 the price published pursuant to section #aaie in the ,federal ,register for such drug and year4 7#c7 ,unit ,the term unit means1 with respect to a drug or biological1 the lowest identifiable amount 7such as a capsule or tablet1 milligram of molecules1 or grams7 of the drug or biological that is dispensed or furnished4 ,the determination of a unit1 with respect to a drug or biological1 pursuant to this paragraph shall not be subject to administrative or judicial review4 7#d7 ,total expenditures ,the term total expenditures includes1 in the case of expenditures with respect to part ,d of title ,,xviii1 ingredient costs1 dispensing fees1 sales tax1 and if applicable1 vaccine administration fees4 ,the term total expenditures excludes1 in the case of expenditures with respect to part ,b of such title1 expenditures for a drug or biological that are bundled or packaged into the payment for another service4 #aaib4 ,selection of negotiation-eligible drugs as selected drugs 7a7 ,in general ,not later than the selected drug publication date with respect to an initial price applicability year1 in accordance with subsection 7b71 the ,secretary shall select and publish in the ,federal ,register a list of-- 7#a7 7,a7 with respect to the initial price applicability year #bjbe1 not more than #aj negotiation-eligible drugs described in subparagraph 7,a77i7 of subsection 7d77#a71 but not subparagraph 7,b7 of such subsection1 with respect to such year2 7,b7 with respect to the initial price applicability year #bjbf1 not more than #ae negotiation-eligible drugs described in subparagraph 7,a77i7 of subsection 7d77#a71 but not subparagraph 7,b7 of such subsection1 with respect to such year2 7,c7 with respect to the initial price applicability year #bjbg1 not more than #ae negotiation-eligible drugs described in subparagraph 7,a7 of subsection 7d77#a71 but not subparagraph 7,b7 of such subsection1 with respect to such year2 and 7,d7 with respect to the initial price applicability year #bjbh or a subsequent year1 not more than #bj negotiation-eligible drugs described in subparagraph 7,a7 of subsection 7d77#a71 but not subparagraph 7,b7 of such subsection1 with respect to such year2 and 7#b7 all negotiation-eligible drugs described in subparagraph 7,b7 of such subsection with respect to such year4 ,subject to subsection 7c77#b7 and section #aaid7;f77#e71 each drug published on the list pursuant to the previous sentence shall be subject to the negotiation process under section #aaid for the negotiation period with respect to such initial price applicability year 7and the renegotiation process under such section as applicable for any subsequent year during the applicable price applicability period74 7b7 ,selection of drugs 7#a7 ,in general ,in carrying out subsection 7a77#a71 subject to paragraph 7#b71 the ,secretary shall1 with respect to an initial price applicability year-- 7,a7 rank a combined list of negotiation-eligible drugs described in subsection 7d77#a77;,a7 according to the total expenditures for such drugs under parts ,b and ,d of title ,,xviii1 as determined by the ,secretary1 during the most recent period of #ab months prior to the selected drug publication date 7but ending not later than ,october #ca of the year prior to the year of such drug publication date71 with respect to such year1 for which data are available1 with the negotiation-eligible drugs with the highest total expenditures being ranked the highest2 and 7,b7 select from such ranked combined list for inclusion on the published list described in subsection 7a7 with respect to such year the negotiation-eligible drugs with the highest such rankings4 7#b7 ,high spend part ,d drugs for #bjbe and #bjbf ,with respect to the initial price applicability year #bjbe and with respect to the initial price applicability year #bjbf1 the ,secretary shall apply paragraph 7#a7 as if the reference to negotiation-eligible drugs described in subsection 7d77#a77;,a7 were a reference to negotiation-eligible drugs described in subsection 7d77#a77;,a77i7 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 ,,xviii4 7c7 ,selected drug 7#a7 ,in general ,for purposes of this part1 consistent with subsection 7e77#b7 and subject to paragraph 7#b71 each negotiation-eligible drug included on the list published under subsection 7a7 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-- 7,a7 is approved or licensed 7as applicable7-- 7i7 under section #eje7;j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act using such drug as the listed drug2 or 7ii7 under section #cea7k7 of the ,public ,health ,service ,act using such drug as the reference product2 and 7,b7 is marketed pursuant to such approval or licensure4 7#b7 ,clarification ,a negotiation-eligible drug-- 7,a7 that is included on the list published under subsection 7a7 with respect to an initial price applicability year2 and 7,b7 for which the ,secretary makes a determination described in paragraph 7#a7 before or during the negotiation period with respect to such initial price applicability year1 shall not be subject to the negotiation process under section #aaid 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 7a7 with respect to such initial price applicability year4 7d7 ,negotiation-,eligible drug 7#a7 ,in general ,for purposes of this part1 subject to paragraph 7#b71 the term negotiation-eligible drug means1 with respect to the selected drug publication date with respect to an initial price applicability year1 a qualifying single source drug1 as defined in subsection 7e71 that is described in either of the following subparagraphs 7or1 with respect to the initial price applicability year #bjbe or #bjbf1 that is described in subparagraph 7,a77i7 or 7,b773 7,a7 ,high spend drugs ,the qualifying single source drug is1 determined in accordance with subsection 7e77#b7-- 7i7 among the #ej qualifying single source drugs with the highest total expenditures under part ,d of title ,,xviii1 as determined by the ,secretary in accordance with paragraph 7#c71 during the most recent period for which data are available of at least #ab months prior to the selected drug publication date 7but ending no later than ,october #ca of the year prior to the year of such drug publication date71 with respect to such year2 or 7ii7 among the #ej qualifying single source drugs with the highest total expenditures under part ,b of title ,,xviii1 as determined by the ,secretary in accordance with paragraph 7#c71 during such most recent period1 as described in clause 7i74 7,b7 ,insulin ,the qualifying single source drug is described in subsection 7e77#a77;,c74 7#b7 ,exception for small biotech drugs 7,a7 ,in general ,subject to subparagraph 7,c71 the term negotiation-eligible drug shall not include1 with respect to the initial price applicability years #bjbe1 #bjbf1 and #bjbg1 a qualifying single source drug that meets either of the following3 7i7 ,part ,d drugs ,the total expenditures for the qualifying single source drug under part ,d of title ,,xviii1 as determined by the ,secretary in accordance with paragraph 7#c71 during #bjba-- 7,i7 are equal to or less than #a percent of the total expenditures under such part ,d1 as so determined1 for all covered part ,d drugs during such year2 and 7,,ii7 are equal to at least #hj percent of the total expenditures under such part ,d1 as so determined1 for all covered part ,d drugs for which the manufacturer of the drug has an agreement in effect under section #ahfj;,d-#ad;,a during such year4 7ii7 ,part ,b drugs ,the total expenditures for the qualifying single source drug under part ,b of title ,,xviii1 as determined by the ,secretary in accordance with paragraph 7#c71 during #bjba-- 7,i7 are equal to or less than #a percent of the total expenditures under such part ,b1 as so determined1 for all qualifying single source drugs covered under such part ,b during such year2 and 7,,ii7 are equal to at least #hj percent of the total expenditures under such part ,b1 as so determined1 for all qualifying single source drugs of the manufacturer that are covered under such part ,b during such year4 7,b7 ,clarifications relating to manufacturers 7i7 ,aggregation rule ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb of the ,internal ,revenue ,code of #aihf shall be treated as one manufacturer for purposes of this paragraph4 7ii7 ,limitation ,a qualifying single source drug described in subparagraph 7,a7 shall not include a qualifying single source drug of a manufacturer if such manufacturer is acquired after #bjba by another manufacturer that does not meet the definition of a specified manufacturer under section #ahfj;,d-#ad;,c7g77#d77;,b77ii771 effective at the beginning of the plan year immediately following such acquisition or1 in the case of an acquisition before #bjbd1 effective ,january #a1 #bjbd4 7,c7 ,drugs not included as small biotech drugs ,the following shall not be considered a qualifying single source drug described in subparagraph 7,a73 7i7 ,a vaccine that is licensed under section #cea of the ,public ,health ,service ,act and is marketed pursuant to such section4 7ii7 ,a new formulation1 such as an extended release formulation1 of a qualifying single source drug4 7iii7 ,a qualifying single source drug described in subsection 7e77#a77;,c74 7#c7 ,clarifications and determinations 7,a7 ,previously selected drugs and small biotech drugs excluded ,in applying clauses 7i7 and 7ii7 of paragraph 7#a77;,a71 the ,secretary shall not consider or count-- 7i7 drugs that are already selected drugs2 and 7ii7 for initial price applicability years #bjbe1 #bjbf1 and #bjbg1 qualifying single source drugs described in paragraph 7#b77;,a74 7,b7 ,use of data ,in determining whether a qualifying single source drug satisfies any of the criteria described in paragraph 7#a7 or 7#b71 the ,secretary shall use data that is aggregated across dosage forms and strengths of the drug1 including new formulations of the drug1 such as an extended release formulation1 and not based on the specific formulation or package size or package type of the drug4 7#d7 ,publication ,not later than the selected drug publication date with respect to an initial price applicability year1 the ,secretary shall publish in the ,federal ,register a list of negotiation-eligible drugs with respect to such selected drug publication date4 7e7 ,qualifying single source drug 7#a7 ,in general ,for purposes of this part1 the term qualifying single source drug means1 with respect to an initial price applicability year1 subject to paragraphs 7#b7 and 7#c71 a covered part ,d drug 7as defined in section #ahfj;,d-#b7;e77 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 following3 7,a7 ,drug products ,a drug-- 7i7 that is approved under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act and is marketed pursuant to such approval2 7ii7 for which1 as of the selected drug publication date with respect to such initial price applicability year1 at least #g years will have elapsed since the date of such approval2 and 7iii7 that is not the listed drug for any drug that is approved and marketed under section #eje7;j7 of such ,act4 7,b7 ,biological products ,a biological product-- 7i7 that is licensed under section #cea7;a7 of the ,public ,health ,service ,act and is marketed under section #cea of such ,act2 7ii7 for which1 as of the selected drug publication date with respect to such initial price applicability year1 at least #aa years will have elapsed since the date of such licensure2 and 7iii7 that is not the reference product for any biological product that is licensed and marketed under section #cea7k7 of such ,act4 7,c7 ,insulin product ,any insulin product that is approved under section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act or licensed under section #cea of the ,public ,health ,service ,act and marketed pursuant to such approval or licensure1 including any insulin product that has been deemed to be licensed under section #cea of the ,public ,health ,service ,act pursuant to section #gjjb7;e77#d7 of the ,biologics ,price ,competition and ,innovation ,act of #bjji and is marketed pursuant to such section1 regardless of whether such insulin product would be described in subparagraph 7,a7 or 7,b74 7#b7 ,treatment of authorized generic drugs 7,a7 ,in general ,in the case of a qualifying single source drug described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 that is the listed drug 7as such term is used in section #eje7;j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act7 or the reference product 7as defined in section #cea7;i7 of the ,public ,health ,service ,act71 with respect to an authorized generic drug1 in applying the provisions of this part1 such authorized generic drug and such listed drug or reference product shall be treated as the same qualifying single source drug4 7,b7 ,authorized generic drug defined ,for purposes of this paragraph1 the term authorized generic drug means-- 7i7 in the case of a drug1 an authorized generic drug 7as such term is defined in section #eje7t77#c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act72 and 7ii7 in the case of a biological product1 a reference product 7as such term is defined in section #cea7;i7 of the ,public ,health ,service ,act7 that-- 7,i7 has been licensed under section #cea7;a7 of such ,act2 and 7,,ii7 is marketed1 sold1 or distributed directly or indirectly to retail class of trade under a different labeling1 packaging 7other than repackaging as the reference product in blister packs1 unit doses1 or similar packaging for use in institutions71 product code1 labeler code1 trade name1 or trade mark than the reference product4 7#c7 ,exclusions ,in this part1 the term qualifying single source drug does not include any of the following3 7,a7 ,certain orphan drugs ,a drug that is designated as a drug for only one rare disease or condition under section #ebf of the ,federal ,food1 ,drug1 and ,cosmetic ,act and for which the only approved indication 7or indications7 is for such disease or condition4 7,b7 ,low spend ,medicare drugs ,a drug or biological product 7other than an insulin product described in paragraph 7#a77;,c77 with respect to which the total expenditures under parts ,b and ,d of title ,,xviii1 as determined by the ,secretary1 during the most recent period for which data are available of at least #ab months prior to the selected drug publication date 7but ending no later than ,october #ca of the year prior to the year of such drug publication date71 with respect to such year is less than-- 7i7 with respect to #bjba1 #bjj1jjj1jjj2 or 7ii7 with respect to a subsequent year1 the dollar amount specified in this subparagraph for the previous year increased by the annual percentage increase in the consumer price index 7all items2 ,u4,s4 city average7 as of ,december of such previous year4 7f7 ,no administrative or judicial review of determinations and selections ,the determination of negotiation-eligible drugs under subsection 7d7 and the selection of drugs under this section are not subject to administrative or judicial review4 #aaic4 ,manufacturer agreements 7a7 ,in general ,for purposes of section #aaia7;a77#b71 the ,secretary shall enter into agreements with manufacturers of selected drugs with respect to a price applicability period1 by not later than ,february #bh following the selected drug publication date with respect to such selected drug1 under which-- 7#a7 during the negotiation period for the initial price applicability year for the selected drug1 the ,secretary and manufacturer1 in accordance with section #aaid1 negotiate to determine 7and1 by not later than the last date of such period1 agree to7 a maximum fair price for such selected drug of the manufacturer in order for the manufacturer to provide access to such price-- 7,a7 to maximum fair price eligible individuals who with respect to such drug are described in subparagraph 7,a7 of section #aaia7;c77#a7 and are dispensed such drug 7and to pharmacies1 mail order services1 and other dispensers1 with respect to such maximum fair price eligible individuals who are dispensed such drugs7 during1 subject to subparagraph 7#b71 the price applicability period2 and 7,b7 to hospitals1 physicians1 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 7,b7 of such section and are furnished or administered such drug during1 subject to subparagraph 7#b71 the price applicability period2 7#b7 the ,secretary and the manufacturer shall1 in accordance with section #aaid1 renegotiate 7and1 by not later than the last date of such period1 agree to7 the maximum fair price for such drug1 in order for the manufacturer to provide access to such maximum fair price 7as so renegotiated7-- 7,a7 to maximum fair price eligible individuals who with respect to such drug are described in subparagraph 7,a7 of section #aaia7;c77#a7 and are dispensed such drug 7and to pharmacies1 mail order services1 and other dispensers1 with respect to such maximum fair price eligible individuals who are dispensed such drugs7 during any year during the price applicability period 7beginning after such renegotiation7 with respect to such selected drug2 and 7,b7 to hospitals1 physicians1 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 7,b7 of such section and are furnished or administered such drug during any year described in subparagraph 7,a72 7#c7 access to the maximum fair price 7including as renegotiated pursuant to paragraph 7#b771 with respect to such a selected drug1 shall be provided by the manufacturer to-- 7,a7 maximum fair price eligible individuals1 who with respect to such drug are described in subparagraph 7,a7 of section #aaia7;c77#a71 at the pharmacy1 mail order service1 or other dispenser at the point-of-sale of such drug 7and shall be provided by the manufacturer to the pharmacy1 mail order service1 or other dispenser1 with respect to such maximum fair price eligible individuals who are dispensed such drugs71 as described in paragraph 7#a77;,a7 or 7#b77;,a71 as applicable2 and 7,b7 hospitals1 physicians1 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 7,b7 of such section and are furnished or administered such drug1 as described in paragraph 7#a77;,b7 or 7#b77;,b71 as applicable2 7#d7 the manufacturer1 subject to subsection 7d71 submits to the ,secretary1 through an online portal established by the ,secretary or other form and manner specified by the ,secretary1 for the negotiation period for the price applicability period 7and1 if applicable1 before any period of renegotiation pursuant to section #aaid7;f77 with respect to such drug-- 7,a7 information on the non-,federal average manufacturer price for the drug for the applicable year or period2 and 7,b7 all other information that the ,secretary requires to carry out the negotiation 7or renegotiation process7 under this part1 including information described in section #aaid7;e77#a72 and 7#e7 the manufacturer complies with requirements imposed by the ,secretary for purposes of administering the program1 including with respect to the duties described in section #aaif4 7b7 ,agreement in effect until drug is no longer a selected drug ,an agreement entered into under this section shall be effective1 with respect to a selected drug1 until such drug is no longer considered a selected drug under section #aaib7;c74 7c7 ,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 7as determined by the ,secretary7 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 part4 7d7 ,implementation for #bjbe and #bjbf ,notwithstanding any other provision of this part1 the ,secretary shall implement this section for #bjbe and #bjbf by program instruction or otherwise4 #aaid4 ,negotiation and renegotiation process 7a7 ,in general ,for purposes of this part1 under an agreement under section #aaic between the ,secretary and a manufacturer of a selected drug1 with respect to the period for which such agreement is in effect and in accordance with subsections 7b71 7c71 and 7d71 the ,secretary and the manufacturer-- 7#a7 shall during the negotiation period with respect to such drug1 in accordance with this section1 negotiate a maximum fair price for such drug for the purpose described in section #aaic7;a77#a72 and 7#b7 renegotiate1 in accordance with the process specified pursuant to subsection 7f71 such maximum fair price for such drug if such drug is a renegotiation-eligible drug under such subsection4 7b7 ,negotiation process requirements 7#a7 ,methodology and process ,the ,secretary shall develop and use a consistent methodology and process1 in accordance with paragraph 7#b71 for negotiations under subsection 7a7 that aims to achieve the lowest maximum fair price for each selected drug4 7#b7 ,specific elements of negotiation process ,as part of the negotiation process under this section1 with respect to a selected drug and the negotiation period with respect to the initial price applicability year with respect to such drug1 the following shall apply3 7,a7 ,submission of information ,not later than ,march #a of the year of the selected drug publication date1 with respect to the selected drug1 the manufacturer of the drug shall submit to the ,secretary1 in accordance with section #aaic7;a77#d71 the information described in such section4 7,b7 ,initial offer by ,secretary ,not later than the ,june #a following the selected drug publication date1 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 #aaid7;e7 that were used in developing such offer4 7,c7 ,response to initial offer 7i7 ,in general ,not later than #cj days after the date of receipt of an initial offer under subparagraph 7,b71 the manufacturer shall either accept such offer or propose a counteroffer to such offer4 7ii7 ,counteroffer requirements ,if a manufacturer proposes a counteroffer1 such counteroffer-- 7,i7 shall be in writing2 and 7,,ii7 shall be justified based on the factors described in subsection 7e74 7,d7 ,response to counteroffer ,after receiving a counteroffer under subparagraph 7,c71 the ,secretary shall respond in writing to such counteroffer4 7,e7 ,deadline ,all negotiations shall end prior to the first day of ,november following the selected drug publication date1 with respect to the initial price applicability year4 7,f7 ,limitations on offer amount ,in negotiating the maximum fair price of a selected drug1 with respect to an initial price applicability year for the selected drug1 and1 as applicable1 in renegotiating the maximum fair price for such drug1 with respect to a subsequent year during the price applicability period for such drug1 the ,secretary shall not offer 7or agree to a counteroffer for7 a maximum fair price for the selected drug that-- 7i7 exceeds the ceiling determined under subsection 7c7 for the selected drug and year2 or 7ii7 as applicable1 is less than the floor determined under subsection 7d7 for the selected drug and year4 7,g7 ,treatment of determination ,the establishment of a maximum fair price under this section is not subject to administrative or judicial review4 7c7 ,ceiling for maximum fair price 7#a7 ,in general ,the maximum fair price negotiated under this section for a selected drug1 with respect to the first year of the price applicability period with respect to such drug1 shall not exceed the applicable percent described in paragraph 7#b71 with respect to such drug1 of the following3 7,a7 ,initial price applicability year #bjbe ,in the case of a selected drug with respect to which such initial price applicability year is #bjbe1 the average of the non-,federal average manufacturer price for such drug for the first #c calendar quarters of #bjba 7or1 in the case that there is not a non-,federal average manufacturer price available for such drug for any of such first #c calendar quarters of #bjba1 for the first full year following the market entry for such drug71 increased by the percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 from ,september #bjba 7or such first full year following the market entry71 as applicable1 to the year prior to the selected drug publication date with respect to such initial price applicability year4 7,b7 ,initial price applicability year #bjbf and subsequent years ,in the case of a selected drug with respect to which such initial price applicability year is #bjbf or a subsequent year1 the lower of-- 7i7 the average of the non-,federal average manufacturer price for such drug for the first #c calendar quarters of #bjba 7or1 in the case that there is not a non-,federal average manufacturer price available for such drug for any of such first #c calendar quarters of #bjba1 for the first full year following the market entry for such drug71 increased by the percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 from ,september #bjba 7or such first full year following the market entry71 as applicable1 to the year prior to the selected drug publication date with respect to such initial price applicability year2 or 7ii7 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 year4 7#b7 ,applicable percent described ,for purposes of paragraph 7#a71 the applicable percent described in this paragraph is the following3 7,a7 ,short-monopoly drugs ,with respect to a selected drug 7other than a post-exclusivity drug and a long-monopoly drug71 #ge percent4 7,b7 ,post-exclusivity drugs ,with respect to a post-exclusivity drug1 #fe percent4 7,c7 ,long-monopoly drugs ,with respect to a long-monopoly drug1 #dj percent4 7#c7 ,post-exclusivity drug defined 7,a7 ,in general ,in this part1 subject to subparagraph 7,b71 the term post-exclusivity drug means1 with respect to an initial price applicability year1 a selected drug for which at least #ab years1 but fewer than #af years1 have elapsed since the date of approval of such drug under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act or since the date of licensure of such drug under section #cea7;a7 of the ,public ,health ,service ,act1 as applicable4 7,b7 ,exclusions ,the term post-exclusivity drug shall not include any of the following3 7i7 ,a vaccine that is licensed under section #cea of the ,public ,health ,service ,act and marketed pursuant to such section4 7ii7 ,a selected drug that had an agreement under this part with the ,secretary prior to the initial price applicability year #bjcj4 7,c7 ,clarification ,nothing in subparagraph 7,b77ii7 shall limit the transition of a selected drug described in paragraph 7#b77;,a7 to a long-monopoly drug if the selected drug meets the definition of a long-monopoly drug4 7#d7 ,long-monopoly drug defined 7,a7 ,in general ,in this part1 subject to subparagraph 7,b71 the term long-monopoly drug means1 with respect to an initial price applicability year1 a selected drug for which at least #af years have elapsed since the date of approval of such drug under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act or since the date of licensure of such drug under section #cea7;a7 of the ,public ,health ,service ,act1 as applicable4 7,b7 ,exclusion ,the term long-monopoly drug shall not include a vaccine that is licensed under section #cea of the ,public ,health ,service ,act and marketed pursuant to such section4 7#e7 ,non-,federal average manufacturer price ,in this part1 the term non-,federal average manufacturer price has the meaning given such term in section #habf7;h77#e7 of title #ch1 ,united ,states ,code4 7d7 ,temporary floor for small biotech drugs ,in the case of a selected drug that is a qualifying single source drug described in section #aaib7;d77#b7 and with respect to which the first initial price applicability year of the price applicability period with respect to such drug is #bjbh or #bjbi1 the maximum fair price negotiated under this section for such drug for such initial price applicability year may not be less than #ff percent of the average of the non-,federal average manufacturer price for such drug 7as defined and applied in subsection 7c77#d77 for the first #c calendar quarters of #bjba 7or1 in the case that there is not a non-,federal average manufacturer price available for such drug for any of such first #c calendar quarters of #bjba1 for the first full year following the market entry for such drug71 increased by the percentage increase in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 from ,september #bjba 7or such first full year following the market entry71 as applicable1 to the year prior to the selected drug publication date with respect to the initial price applicability year4 7e7 ,considerations ,for purposes of negotiating the maximum fair price of a selected drug under this part with the manufacturer of the drug1 the ,secretary shall consider the following factors 7and1 with respect to post-exclusivity drugs and long-monopoly drugs1 shall not consider factors other than those described in subparagraphs 7,b7 and 7,c7 of paragraph 7#a773 7#a7 ,manufacturer-specific information ,the following information1 with respect to such selected drug1 including as submitted by the manufacturer3 7,a7 ,research and development costs of the manufacturer for the drug and the extent to which the manufacturer has recouped research and development costs4 7,b7 ,market data for the drug1 including the distribution of sales across different programs and purchasers and projected future revenues for the drug4 7,c7 ,unit costs of production and distribution of the drug4 7,d7 ,prior ,federal financial support for novel therapeutic discovery and development with respect to the drug4 7,e7 ,data on patents and on existing and pending exclusivity for the drug4 7,f7 ,national sales data for the drug4 7,g7 ,information on clinical trials for the drug4 7#b7 ,information on unmet medical needs and alternative treatments ,the following information1 with respect to such selected drug3 7,a7 ,the extent to which the drug represents a therapeutic advance as compared to existing therapeutic alternatives and1 to the extent such information is available1 the costs of such existing therapeutic alternatives4 7,b7 ,information on approval by the ,food and ,drug ,administration of alternative drug products or biological products4 7,c7 ,information on comparative effectiveness analysis for such products1 taking into consideration the effects of such products on specific populations1 such as individuals with disabilities1 the elderly1 the terminally ill1 children1 and other patient populations4 7,d7 ,the extent to which the drug addresses unmet medical needs for a condition for which treatment or diagnosis is not addressed adequately by available therapy4 ,in considering information described in subparagraph 7,c71 the ,secretary shall not use evidence or findings from comparative clinical effectiveness research in a manner that treats extending the life of an elderly1 disabled1 or terminally ill individual as of lower value than extending the life of an individual who is younger1 nondisabled1 or not terminally ill4 7#c7 ,additional information ,information submitted to the ,secretary1 in accordance with a process specified by the ,secretary1 by other parties that are affected by the establishment of a maximum fair price for the selected drug4 7f7 ,renegotiation process 7#a7 ,in general ,in the case of a renegotiation-eligible drug 7as defined in paragraph 7#b77 that is selected under paragraph 7#c71 the ,secretary shall provide for a process of renegotiation 7for years 7beginning with #bjbg7 during the price applicability period1 with respect to such drug7 of the maximum fair price for such drug consistent with paragraph 7#d74 7#b7 ,renegotiation-eligible drug defined ,in this section1 the term renegotiation-eligible drug means a selected drug that is any of the following3 7,a7 ,addition of new indication ,a selected drug for which a new indication is added to the drug4 7,b7 ,change of status to a post-exclusivity drug ,a selected drug that is described in section #aaib7;d77#a77;,a7 that-- 7i7 is not a post-exclusivity drug or a long-monopoly drug2 and 7ii7 for which there is a change in status to that of a post-exclusivity drug4 7,c7 ,change of status to a long-monopoly drug ,a selected drug that is described in section #aaib7;d77#a77;,a7 that-- 7i7 is not a long-monopoly drug2 and 7ii7 for which there is a change in status to that of a long-monopoly drug4 7,d7 ,material changes ,a selected drug for which the ,secretary determines there has been a material change of factors described in paragraph 7#a7 or 7#b7 of subsection 7e74 7#c7 ,selection of drugs for renegotiation ,each year the ,secretary shall select among renegotiation-eligible drugs for renegotiation as follows3 7,a7 ,all post-exclusivity negotiation-eligible drugs ,the ,secretary shall select all renegotiation-eligible drugs described in paragraph 7#b77;,b74 7,b7 ,all long-monopoly negotiation-eligible drugs ,the ,secretary shall select all renegotiation-eligible drugs described in paragraph 7#b77;,c74 7,c7 ,remaining drugs ,among the remaining renegotiation-eligible drugs described in subparagraphs 7,a7 and 7,d7 of paragraph 7#b71 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 negotiated4 7#d7 ,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 subsection4 ,such process shall1 to the extent practicable1 be consistent with the methodology and process established under subsection 7b7 and in accordance with subsections 7c7 and 7d71 and for purposes of applying subsections 7c7 and 7d71 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 applies1 including for applying subsection 7c77#b77;,b7 in the case of renegotiation-eligible drugs described in paragraph 7#c77;,a7 of this subsection and subsection 7c77#b77;,c7 in the case of renegotiation-eligible drugs described in paragraph 7#c77;,b7 of this subsection4 7#e7 ,clarification ,a renegotiation-eligible drug for which the ,secretary makes a determination described in section #aaib7;c77#a7 before or during the period of renegotiation shall not be subject to the renegotiation process under this section4 7#f7 ,no administrative or judicial review ,the determination of renegotiation-eligible drugs under paragraph 7#b7 and the selection of renegotiation-eligible drugs under paragraph 7#c7 are not subject to administrative or judicial review4 7g7 ,request for information ,for purposes of negotiating and1 as applicable1 renegotiating 7including for purposes of determining whether to renegotiate7 the maximum fair price of a selected drug under this part with the manufacturer of the drug1 with respect to a price applicability period1 and other relevant data for purposes of this section-- 7#a7 the ,secretary shall1 not later than the selected drug publication date with respect to the initial price applicability year of such period1 request drug pricing information from the manufacturer of such selected drug1 including information described in subsection 7e77#a72 and 7#b7 by not later than ,march #a following the selected drug publication date1 the manufacturer of such selected drug shall submit to the ,secretary such requested information in such form and manner as the ,secretary requires4 ,the ,secretary shall request1 from the manufacturer or others1 all additional information needed to carry out the negotiation and renegotiation process under this section4 7h7 ,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 7,a7 or 7,b7 of section #aaib7;e77#a7 apply before-- 7#a7 in the case the selected drug is a qualifying single source drug described in such subparagraph 7,a71 the date that is #i years after the date on which the drug was approved under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 and 7#b7 in the case the selected drug is a qualifying single source drug described in such subparagraph 7,b71 the date that is #ac years after the date on which the drug was licensed under section #cea7;a7 of the ,public ,health ,service ,act4 7i7 ,implementation for #bjbe and #bjbf ,notwithstanding any other provision of this part1 the ,secretary shall implement this section for #bjbe and #bjbf by program instruction or otherwise4 #aaie4 ,publication of maximum fair prices 7a7 ,in general ,with respect to an initial price applicability year and a selected drug with respect to such year-- 7#a7 not later than ,november #ae of the year that is #b years prior to such initial price applicability year1 the ,secretary shall publish on ,,cms4gov the maximum fair price for such drug negotiated under this part with the manufacturer of such drug2 7#b7 not later than ,november #cj of the year that is #b years prior to such initial price applicability year1 the ,secretary shall publish in the ,federal ,register the maximum fair price for such drug described in paragraph 7#a72 and 7#c7 not later than ,march #a of the year prior to such initial price applicability year1 the ,secretary shall publish in the ,federal ,register1 subject to section #aaic7;c7 and based on the considerations as described in section #aaid7;e71 the explanation for the maximum fair price for such drug described in paragraphs 7#a7 and 7#b74 7b7 ,updates 7#a7 ,subsequent year maximum fair prices ,for a selected drug1 for each year subsequent to first initial price applicability year of the price applicability period with respect to such drug1 with respect to which an agreement for such drug is in effect under section #aaic1 not later than ,november #cj of the year that is #b years prior to such subsequent year1 the ,secretary shall publish in the ,federal ,register the maximum fair price applicable to such drug and year1 which shall be-- 7,a7 subject to subparagraph 7,b71 the amount equal to the maximum fair price published for such drug for the previous year1 increased by the annual percentage increase in the consumer price index for all urban consumers 7all items2 ,u4,s4 city average7 as of ,september of such previous year2 or 7,b7 in the case the maximum fair price for such drug was renegotiated1 for the first year for which such price as so renegotiated applies1 such renegotiated maximum fair price4 7#b7 ,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 section1 the ,secretary shall publish such maximum fair price in the ,federal ,register by not later than #cj days after the date such maximum price is so determined4 #aaif4 ,administrative duties2 coordination provisions 7a7 ,administrative duties 7#a7 ,in general ,for purposes of section #aaia1 the administrative duties described in this section are the following3 7,a7 ,the establishment of procedures to ensure that the maximum fair price for a selected drug is applied before-- 7i7 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 individuals2 and 7ii7 any other discounts4 7,b7 ,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 drug4 7,c7 ,the establishment of procedures to carry out the provisions of this part1 as applicable1 with respect to-- 7i7 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 title2 and 7ii7 maximum fair price eligible individuals who are enrolled under part ,b of such title1 including who are enrolled under an ,,ma plan under part ,c of such title4 7,d7 ,the establishment of a negotiation process and renegotiation process in accordance with section #aaid1 including a process for acquiring information described in subsection 7e7 of such section4 7,e7 ,the establishment of an online portal which manufacturers shall be required to use to submit information described in section #aaid7;b77#b77;,a74 7,f7 ,the sharing with the ,secretary of the ,treasury of such information as is necessary to determine the tax imposed by section #daib of the ,internal ,revenue ,code of #aihf 7relating to enforcement of this part74 7,g7 ,the establishment of an attestation and verification process for purposes of applying section #aaib7;d77#b77;,b74 7#b7 ,monitoring compliance ,the ,secretary shall monitor compliance by a manufacturer with the terms of an agreement under section #aaic1 including by establishing a mechanism through which violations of such terms shall be reported4 7b7 ,implementation for #bjbe and #bjbf ,notwithstanding any other provision of this part1 the ,secretary shall implement this section for #bjbe and #bjbf by program instruction or otherwise4 #aaig4 ,civil monetary penalty 7a7 ,violations relating to offering of maximum fair price ,any manufacturer of a selected drug that has entered into an agreement under section #aaic1 with respect to a year during the price applicability period with respect to such drug1 that does not provide access to a price that is not more than the maximum fair price 7or a lesser price7 for such drug for such year-- 7#a7 to a maximum fair price eligible individual who with respect to such drug is described in subparagraph 7,a7 of section #aaia7;c77#a7 and who is dispensed such drug during such year 7and to pharmacies1 mail order services1 and other dispensers1 with respect to such maximum fair price eligible individuals who are dispensed such drugs72 or 7#b7 to a hospital1 physician1 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 7,b7 of such section and is furnished or administered such drug by such hospital1 physician1 or provider or supplier during such year2 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 furnished1 dispensed1 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 hospital1 physician1 provider of services1 or supplier and the maximum fair price for such drug for such year4 7b7 ,violations of certain terms of agreement ,any manufacturer of a selected drug that has entered into an agreement under section #aaic1 with respect to a year during the price applicability period with respect to such drug1 that is in violation of a requirement imposed pursuant to section #aaic7;a77#e71 including the requirement to submit information pursuant to section #aaic7;a77#d71 shall be subject to a civil monetary penalty equal to #a1jjj1jjj for each day of such violation4 7c7 ,false information ,any manufacturer that knowingly provides false information for the attestation process or verification process established pursuant to section #aaif7;a77#a77;,h71 shall be subject to a civil monetary penalty equal to #ajj1jjj1jjj for each item of such false information4 7d7 ,application ,the provisions of section #aabh;,a 7other than subsections 7a7 and 7b77 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 #aabh;,a7a74 4 7b7 ,application of maximum fair prices and conforming amendments 7#a7 ,under ,medicare 7,a7 ,application to payments under part ,b ,section #ahdg;,a7b77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7b77#a77;,b77 is amended by inserting or in the case of such a drug or biological that is a selected drug 7as referred to in section #aaib7;c771 with respect to a price applicability period 7as defined in section #aaia7;b77#b771 #ajf percent of the maximum fair price 7as defined in section #aaia7;c77#b77 applicable for such drug and a year during such period after paragraph 7#d74 7,b7 ,application under ,,ma of cost-sharing for part ,b drugs based off of negotiated price ,section #aheb7;a77#a77;,b77iv7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bb7;a77#a77;,b77iv77 is amended-- 7i7 by redesignating subclause 7,,vii7 as subclause 7,,viii72 and 7ii7 by inserting after subclause 7,,vi7 the following subclause3 7,,vii7 ,a drug or biological that is a selected drug 7as referred to in section #aaib7;c774 4 7,c7 ,exception to part ,d non-interference ,section #ahfj;,d-#aa7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aaa7;i77 is amended-- 7i7 in paragraph 7#a71 by striking and at the end2 7ii7 in paragraph 7#b71 by striking or institute a price structure for the reimbursement of covered part ,d drugs and inserting for covered part ,d drugs2 and2 and 7iii7 by adding at the end the following3 7#c7 may not institute a price structure for the reimbursement of covered part ,d drugs1 except as provided under part ,e of title ,,xi4 4 7,d7 ,application as negotiated price under part ,d ,section #ahfj;,d-#b7;d77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;d77#a77 is amended-- 7i7 in subparagraph 7,b71 by inserting 1 subject to subparagraph 7,d71 after negotiated prices2 and 7ii7 by adding at the end the following new subparagraph3 7,d7 ,application of maximum fair price for selected drugs ,in applying this section1 in the case of a covered part ,d drug that is a selected drug 7as referred to in section #aaib7;c771 with respect to a price applicability period 7as defined in section #aaia7;b77#b771 the negotiated prices used for payment 7as described in this subsection7 shall be no greater than the maximum fair price 7as defined in section #aaia7;c77#b77 for such drug and for each year during such period plus any dispensing fees for such drug4 4 7,e7 ,coverage of selected drugs ,section #ahfj;,d-#d7;b77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajd7;b77#c77 is amended by adding at the end the following new subparagraph3 7,i7 ,required inclusion of selected drugs ,for #bjbe and each subsequent year1 the ,,pdp sponsor offering a prescription drug plan shall include each covered part ,d drug that is a selected drug under section #aaib for which an agreement for such drug is in effect under section #aaic with respect to the year4 4 7,f7 ,information from prescription drug plans and ,,ma-,,pd plans required 7i7 ,prescription drug plans ,section #ahfj;,d-#ab7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aab7;b77 is amended by adding at the end the following new paragraph3 7#h7 ,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 #aaid7;g74 4 7ii7 ,,ma-,,pd plans ,section #aheg7;f77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bg7;f77#c77 is amended by adding at the end the following new subparagraph3 7,e7 ,provision of information related to maximum fair prices ,section #ahfj;,d-#ab7;b77#h74 4 7#b7 ,drug price negotiation program prices included in best price ,section #aibg7;c77#a77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;c77#a77;,c77 is amended-- 7,a7 in clause 7i77,,vi71 by striking any prices charged and inserting subject to clause 7ii77,v71 any prices charged2 and 7,b7 in clause 7ii7-- 7i7 in subclause 7,,iii71 by striking at the end 2 and2 7ii7 in subclause 7,,iv71 by striking at the end the period and inserting 2 and2 and 7iii7 by adding at the end the following new subclause3 7,v7 in the case of a rebate period and a covered outpatient drug that is a selected drug 7as referred to in section #aaib7;c77 during such rebate period1 shall be inclusive of the maximum fair price 7as defined in section #aaia7;c77#b77 for such drug with respect to such period4 4 #acijjb4 ,selected drug manufacturer excise tax imposed during noncompliance periods 7a7 ,in general ,chapter #cb of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subchapter3 ,e ,other items ,sec4 #daib4 ,selected drugs during noncompliance periods4 #daib4 ,selected drugs during noncompliance periods 7a7 ,in general ,there is hereby imposed on the sale by the manufacturer1 producer1 or importer of any selected drug during a day described in subsection 7b7 a tax in an amount such that the applicable percentage is equal to the ratio of-- 7#a7 such tax1 divided by 7#b7 the sum of such tax and the price for which so sold4 7b7 ,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 periods3 7#a7 ,the period beginning on the ,march #ast 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 7a7 of section #aaic of the ,social ,security ,act with respect to such drug4 7#b7 ,the period beginning on the ,november #bnd immediately following the ,march #ast described in paragraph 7#a7 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 agreement4 7#c7 ,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 agreement1 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 agreement4 7#d7 ,with respect to information that is required to be submitted to the ,secretary of ,health and ,human ,services under such agreement1 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 submitted4 7c7 ,applicable percentage ,for purposes of this section1 the term applicable percentage means-- 7#a7 in the case of sales of a selected drug during the first #ij days described in subsection 7b7 with respect to such drug1 #fe percent1 7#b7 in the case of sales of such drug during the #iast day through the #ahjth day described in subsection 7b7 with respect to such drug1 #ge percent1 7#c7 in the case of sales of such drug during the #ahast day through the #bgjth day described in subsection 7b7 with respect to such drug1 #he percent1 and 7#d7 in the case of sales of such drug during any subsequent day1 #ie percent4 7d7 ,selected drug ,for purposes of this section-- 7#a7 ,in general ,the term selected drug means any selected drug 7within the meaning of section #aaib of the ,social ,security ,act7 which is manufactured or produced in the ,united ,states or entered into the ,united ,states for consumption1 use1 or warehousing4 7#b7 ,united ,states ,the term ,united ,states has the meaning given such term by section #dfab7;a77#d74 7#c7 ,coordination with rules for possessions of the ,united ,states ,rules similar to the rules of paragraphs 7#b7 and 7#d7 of section #dacb7;c7 shall apply for purposes of this section4 7e7 ,other definitions ,for purposes of this section1 the terms selected drug publication date and maximum fair price have the meaning given such terms in section #aaia of the ,social ,security ,act4 7f7 ,anti-,abuse rule ,in the case of a sale which was timed for the purpose of avoiding the tax imposed by this section1 the ,secretary may treat such sale as occurring during a day described in subsection 7b74 4 7b7 ,no deduction for excise tax payments ,section #bge7;a77#f7 of the ,internal ,revenue ,code of #aihf is amended by inserting or by section #daib before the period at the end4 7c7 ,certain exemptions from tax not applicable 7#a7 ,section #dbba7;a7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 ,in the case of the tax imposed by section #daib1 paragraphs 7#c71 7#d71 7#e71 and 7#f7 shall not apply44 7#b7 ,section #fdaf7;b77#b7 of such ,code is amended by adding at the end the following3 ,in the case of the tax imposed by section #daib1 subparagraphs 7,b71 7,c71 7,d71 and 7,e7 shall not apply44 7d7 ,clerical amendment ,the table of subchapters for chapter #cb of such ,code is amended by adding at the end the following new item3 ,subchapter ,e4 ,other items 4 7e7 ,effective date ,the amendments made by this section shall apply to sales after the date of the enactment of this ,act4 #acijjc4 ,funding ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until expended-- 7#a7 #cjj1jjj1jjj to carry out the provisions of1 including the amendments made by1 this part in fiscal year #bjbb2 7#b7 #cjj1jjj1jjj to carry out the provisions of1 including the amendments made by1 this part in fiscal year #bjbc2 7#c7 #cjj1jjj1jjj to carry out the provisions of1 including the amendments made by1 this part in fiscal year #bjbd2 7#d7 #cjj1jjj1jjj to carry out the provisions of1 including the amendments made by1 this part in fiscal year #bjbe2 7#e7 #cjj1jjj1jjj to carry out the provisions of1 including the amendments made by1 this part in fiscal year #bjbf2 7#f7 #cjj1jjj1jjj to carry out the provisions of1 including the amendments made by1 this part in fiscal year #bjbg2 7#g7 #cjj1jjj1jjj to carry out the provisions of1 including the amendments made by1 this part in fiscal year #bjbh2 7#h7 #cjj1jjj1jjj to carry out the provisions of1 including the amendments made by1 this part in fiscal year #bjbi2 7#i7 #cjj1jjj1jjj to carry out the provisions of1 including the amendments made by1 this part in fiscal year #bjcj2 and 7#aj7 #cjj1jjj1jjj to carry out the provisions of1 including the amendments made by1 this part in fiscal year #bjca4 #b ,prescription ,drug ,inflation ,rebates #aciaja4 ,medicare part ,b rebate by manufacturers 7a7 ,in general ,section #ahdg;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following subsection3 7h7 ,rebate by manufacturers for single source drugs and biologicals with prices increasing faster than inflation 7#a7 ,requirements 7,a7 ,secretarial provision of information ,not later than #f months after the end of each calendar quarter beginning on or after ,july #a1 #bjbc1 the ,secretary shall1 for each part ,b rebatable drug1 report to each manufacturer of such part ,b rebatable drug the following for such calendar quarter3 7i7 ,information on the total number of billing units of the billing and payment code described in subparagraph 7,a77i7 of paragraph 7#c7 with respect to such drug and calendar quarter4 7ii7 ,information on the amount 7if any7 of the excess average sales price increase described in subparagraph 7,a77ii7 of such paragraph for such drug and calendar quarter4 7iii7 ,the rebate amount specified under such paragraph for such part ,b rebatable drug and calendar quarter4 7,b7 ,manufacturer requirement ,for each calendar quarter beginning on or after ,july #a1 #bjbc1 the manufacturer of a part ,b rebatable drug shall1 for such drug1 not later than #cj days after the date of receipt from the ,secretary of the information described in subparagraph 7,a7 for such calendar quarter1 provide to the ,secretary a rebate that is equal to the amount specified in paragraph 7#c7 for such drug for such calendar quarter4 7#b7 ,part ,b rebatable drug defined 7,a7 ,in general ,in this subsection1 the term part ,b rebatable drug means a single source drug or biological 7as defined in subparagraph 7,d7 of subsection 7c77#f771 including a biosimilar biological product 7as defined in subparagraph 7,h7 of such subsection7 but excluding a qualifying biosimilar biological product 7as defined in subsection 7b77#h77;,b77iii771 that would be payable under this part if such drug were furnished to an individual enrolled under this part1 except such term shall not include such a drug or biological-- 7i7 if1 as determined by the ,secretary1 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 than1 subject to subparagraph 7,b71 #ajj2 or 7ii7 that is a vaccine described in subparagraph 7,a7 or 7,b7 of section #ahfa7s77#aj74 7,b7 ,increase ,the dollar amount applied under subparagraph 7,a77i7-- 7i7 for #bjbd1 shall be the dollar amount specified under such subparagraph for #bjbc1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 for the #ab-month period ending with ,june of the previous year2 and 7ii7 for a subsequent year1 shall be the dollar amount specified in this clause 7or clause 7i77 for the previous year 7without application of subparagraph 7,c771 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 for the #ab-month period ending with ,june of the previous year4 7,c7 ,rounding ,any dollar amount determined under subparagraph 7,b7 that is not a multiple of #aj shall be rounded to the nearest multiple of #aj4 7#c7 ,rebate amount 7,a7 ,in general ,for purposes of paragraph 7#a71 the amount specified in this paragraph for a part ,b rebatable drug assigned to a billing and payment code for a calendar quarter is1 subject to subparagraphs 7,b7 and 7,g7 and paragraph 7#d71 the amount equal to the product of-- 7i7 the total number of billing units determined under subparagraph 7,b7 for the billing and payment code of such drug2 and 7ii7 the amount 7if any7 by which-- 7,i7 the amount equal to-- 7aa7 in the case of a part ,b rebatable drug described in paragraph 7#a77;,b7 of section #ahdg;,a7b71 #ajf percent of the amount determined under paragraph 7#d7 of such section for such drug during the calendar quarter2 or 7bb7 in the case of a part ,b rebatable drug described in paragraph 7#a77;,c7 of such section1 the payment amount under such paragraph for such drug during the calendar quarter2 exceeds 7,,ii7 the inflation-adjusted payment amount determined under subparagraph 7,c7 for such part ,b rebatable drug during the calendar quarter4 7,b7 ,total number of billing units ,for purposes of subparagraph 7,a77i71 the total number of billing units with respect to a part ,b rebatable drug is determined as follows3 7i7 ,determine the total number of units equal to-- 7,i7 the total number of units1 as reported under subsection 7c77#a77;,b7 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 7,a71 minus 7,,ii7 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 7or waiver of such plan71 as reported by ,states under section #aibg7;b77#b77;,a7 for the rebate period that is the same calendar quarter as described in subclause 7,i74 7ii7 ,convert the units determined under clause 7i7 to billing units for the billing and payment code of such drug1 using a methodology similar to the methodology used under this section1 by dividing the units determined under clause 7i7 for each ,national ,drug ,code of such drug by the billing unit for the billing and payment code of such drug4 7iii7 ,compute the sum of the billing units for each ,national ,drug ,code of such drug in clause 7ii74 7,c7 ,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-- 7i7 the payment amount for the billing and payment code for such drug in the payment amount benchmark quarter 7as defined in subparagraph 7,d772 increased by 7ii7 the percentage by which the rebate period ,,cpi-,u 7as defined in subparagraph 7,f77 for the calendar quarter exceeds the benchmark period ,,cpi-,u 7as defined in subparagraph 7,e774 7,d7 ,payment amount benchmark quarter ,the term payment amount benchmark quarter means the calendar quarter immediately prior to the calendar quarter beginning ,october #a1 #bjba4 7,e7 ,benchmark period ,,cpi-,u ,the term benchmark period ,,cpi-,u means the consumer price index for all urban consumers 7,united ,states city average7 for the last month of the calendar quarter beginning ,october #a1 #bjba4 7,f7 ,rebate period ,,cpi-,u ,the term rebate period ,,cpi-,u means1 with respect to a calendar quarter described in subparagraph 7,c71 the greater of the benchmark period ,,cpi-,u and the consumer price index for all urban consumers 7,united ,states city average7 for the first month of the calendar quarter that is two calendar quarters prior to such described calendar quarter4 7,g7 ,exemption for shortages and severe supply chain disruptions ,the ,secretary shall reduce or waive the amount under subparagraph 7,a7 with respect to a part ,b rebatable drug that is described as currently in shortage on the shortage list in effect under section #ejf;,e of the ,federal ,food1 ,drug1 and ,cosmetic ,act or in the case of a biosimilar biological product1 when the ,secretary determines there are severe supply chain disruptions4 7#d7 ,special treatment of certain drugs and exemption 7,a7 ,subsequently approved drugs ,in the case of a part ,b rebatable drug first approved or licensed by the ,food and ,drug ,administration after ,march #a1 #bjba1 clause 7i7 of paragraph 7#c77;,c7 shall be applied as if the term payment amount benchmark quarter were defined under paragraph 7#c77;,d7 as the third full calendar quarter after the day on which the drug was first marketed and clause 7ii7 of paragraph 7#c77;,c7 shall be applied as if the term benchmark period ,,cpi-,u were defined under paragraph 7#c77;,e7 as if the reference to the last month of the calendar quarter immediately prior to the calendar quarter beginning ,october #a1 #bjba 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 marketed4 7,b7 ,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 #a1 #bjba1 paragraph 7#a77;,b7 shall be applied as if the reference to ,july #a1 #bjbc under such paragraph were a reference to the later of the #fth full calendar quarter after the day on which the drug was first marketed or ,july #a1 #bjbc4 7,d7 ,selected drugs ,in the case of a part ,b rebatable drug that is a selected drug 7as defined in section #aaib7;c77 for a price applicability period 7as defined in section #aaia7;b77#b771 in the case such drug is determined 7pursuant to such section #aaib7;c77 to no longer be a selected drug1 beginning the first calendar quarter after the price applicability period with respect to such drug1 clause 7i7 of paragraph 7#c77;,c7 shall be applied as if the term payment amount benchmark quarter were defined under paragraph 7#c77;,d7 as the calendar quarter beginning ,january #a of the last year beginning during such price applicability period with respect to such selected drug and clause 7ii7 of paragraph 7#c77;,c7 shall be applied as if the term benchmark period ,,cpi-,u were defined under paragraph 7#c77;,e7 as if the reference to the last month of the calendar quarter immediately prior to the calendar quarter beginning ,october #a1 #bjba under such paragraph were a reference to the ,march of the year preceding such last year4 7#e7 ,application to beneficiary coinsurance ,in the case of a part ,b rebatable drug1 if the payment amount described in paragraph 7#c77;,a77ii77,i7 7or1 in the case of a part ,b rebatable drug that is a selected drug 7as defined in section #aaib7;c71 the payment amount described in subsection 7b77#a77;,b7 for such drug7 for a calendar quarter exceeds the inflation adjusted payment for such quarter-- 7,a7 in computing the amount of any coinsurance applicable under this part to an individual to whom such drug is furnished1 the computation of such coinsurance shall be equal to #bj percent of the inflation-adjusted payment amount determined under paragraph 7#c77;,c7 for such part ,b rebatable drug2 and 7,b7 the amount of such coinsurance for such calendar quarter1 as computed under subparagraph 7,a71 shall be applied as a percent1 as determined by the ,secretary1 to the payment amount that would otherwise apply under subparagraphs 7,b7 or 7,c7 of subsection 7b77#a74 7#f7 ,rebate deposits ,amounts paid as rebates under paragraph 7#a77;,b7 shall be deposited into the ,federal ,supplementary ,medical ,insurance ,trust ,fund established under section #ahda4 7#g7 ,civil money penalty ,if a manufacturer of a part ,b rebatable drug has failed to comply with the requirements under paragraph 7#a77;,b7 for such drug for a calendar quarter1 the manufacturer shall be subject to1 in accordance with a process established by the ,secretary pursuant to regulations1 a civil money penalty in an amount equal to at least #abe percent of the amount specified in paragraph 7#c7 for such drug for such calendar quarter4 ,the provisions of section #aabh;,a 7other than subsections 7a7 7with respect to amounts of penalties or additional assessments7 and 7b77 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 #aabh;,a7a74 2 and 7#b7 in subsection 7i71 as redesignated by paragraph 7#a7-- 7,a7 in paragraph 7#d71 by striking at the end and2 7,b7 in paragraph 7#e71 by striking at the end the period and inserting a semicolon2 and 7,c7 by adding at the end the following new paragraphs3 7#f7 the determination of units under subsection 7h72 7#g7 the determination of whether a drug is a part ,b rebatable drug under subsection 7h72 7#h7 the calculation of the rebate amount under subsection 7h72 and 7#i7 the computation of coinsurance under subsection 7h77#e72 and 7#aj7 the computation of amounts paid under section #ahcc7;a77#a77;,,ee74 4 7b7 ,amounts payable2 cost-,sharing ,section #ahcc of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,g71 by inserting 1 subject to subsection 7i77#i71 after the amounts paid2 7,b7 in subparagraph 7,s71 by striking with respect to and inserting subject to subparagraph 7,,ee71 with respect to2 7,c7 by striking and 7,,dd7 and inserting 7,,dd72 and 7,d7 by inserting before the semicolon at the end the following3 1 and 7,,ee7 with respect to a part ,b rebatable drug 7as defined in paragraph 7#b7 of section #ahdg;,a7h77 for which the payment amount for a calendar quarter under paragraph 7#c77;,a77ii77,i7 of such section 7or1 in the case of a part ,b rebatable drug that is a selected drug 7as defined in section #aaib7;c7 for which1 the payment amount described in section #ahdg;,a7b77#a77;,b77 for such drug for such quarter exceeds the inflation-adjusted payment under paragraph 7#c77;,a77ii77,,ii7 of such section for such quarter1 the amounts paid shall be equal to the percent of the payment amount under paragraph 7#c77;,a77ii77,i7 of such section or section #ahdg;,a7b77#a77;,b71 as applicable1 that equals the difference between 7i7 #ajj percent1 and 7ii7 the percent applied under section #ahdg;,a7h77#e77;,b72 7#b7 in subsection 7i71 by adding at the end the following new paragraph3 7#i7 ,in the case of a part ,b rebatable drug 7as defined in paragraph 7#b7 of section #ahdg;,a7h77 for which payment under this subsection is not packaged into a payment for a service furnished on or after ,july #a1 #bjbc1 under the revised payment system under this subsection1 in lieu of calculation of coinsurance and the amount of payment otherwise applicable under this subsection1 the provisions of section #ahdg;,a7h77#e7 and paragraph 7#a77;,,ee7 of subsection 7a71 shall1 as determined appropriate by the ,secretary1 apply under this subsection in the same manner as such provisions of section #ahdg;,a7h77#e7 and subsection 7a7 apply under such section and subsection4 2 and 7#c7 in subsection 7t77#h71 by adding at the end the following new subparagraph3 7,f7 ,part ,b rebatable drugs ,in the case of a part ,b rebatable drug 7as defined in paragraph 7#b7 of section #ahdg;,a7h71 except if such drug does not have a copayment amount as a result of application of subparagraph 7,e77 for which payment under this part is not packaged into a payment for a covered ,,opd service 7or group of services7 furnished on or after ,july #a1 #bjbc1 and the payment for such drug under this subsection is the same as the amount for a calendar quarter under paragraph 7#c77;,a77ii77,i7 of section #ahdg;,a7h71 under the system under this subsection1 in lieu of calculation of the copayment amount and the amount of payment otherwise applicable under this subsection 7other than the application of the limitation described in subparagraph 7,c771 the provisions of section #ahdg;,a7h77#e7 and paragraph 7#a77;,,ee7 of subsection 7a71 shall1 as determined appropriate by the ,secretary1 apply under this subsection in the same manner as such provisions of section #ahdg;,a7h77#e7 and subsection 7a7 apply under such section and subsection4 4 7c7 ,conforming amendments 7#a7 ,to part ,b ,,asp calculation ,section #ahdg;,a7c77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7c77#c77 is amended by inserting subsection 7h7 or before section #aibg4 7#b7 ,excluding part ,b drug inflation rebate from best price ,section #aibg7;c77#a77;,c77ii77,i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;c77#a77;,c77ii77,i77 is amended by inserting or section #ahdg;,a7h7 after this section4 7#c7 ,coordination with ,medicaid rebate information disclosure ,section #aibg7;b77#c77;,d77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;b77#c77;,d77i77 is amended by inserting and the rebate after the payment amount4 7#d7 ,excluding part ,b drug inflation rebates from average manufacturer price ,section #aibg7k77#a77;,b77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7k77#a77;,b77i771 as previously amended1 is further amended-- 7,a7 in subclause 7,,iv71 by striking and2 7,b7 in subclause 7,v71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following new subclause3 7,,vi7 rebates paid by manufacturers under section #ahdg;,a7h72 and 4 7d7 ,funding ,in addition to amounts otherwise available1 there are appropriated to the ,centers for ,medicare ,medicaid ,services1 out of any money in the ,treasury not otherwise appropriated1 #ab1ejj1jjj for fiscal year #bjbb and #g1ejj1jjj for each of fiscal years #bjbc through #bjca1 to remain available until expended1 to carry out the provisions of1 including the amendments made by1 this section4 #aciajb4 ,medicare part ,d rebate by manufacturers 7a7 ,in general ,part ,d of title ,,xviii of the ,social ,security ,act is amended by inserting after section #ahfj;,d-#ad;,a 7#db ,u4,s4,c4 #aciew-#aad;a7 the following new section3 #ahfj;,d-#ad;,b4 ,manufacturer rebate for certain drugs with prices increasing faster than inflation 7a7 ,requirements 7#a7 ,secretarial provision of information ,not later than #i months after the end of each applicable year 7as defined in subsection 7g77#g771 subject to paragraph 7#c71 the ,secretary shall1 for each part ,d rebatable drug1 report to each manufacturer of such part ,d rebatable drug the following for such year3 7,a7 ,the amount 7if any7 of the excess annual manufacturer price increase described in subsection 7b77#a77;,a77ii7 for each dosage form and strength with respect to such drug and year4 7,b7 ,the rebate amount specified under subsection 7b7 for each dosage form and strength with respect to such drug and year4 7#b7 ,manufacturer requirements ,for each applicable year1 the manufacturer of a part ,d rebatable drug1 for each dosage form and strength with respect to such drug1 not later than #cj days after the date of receipt from the ,secretary of the information described in paragraph 7#a7 for such year1 shall provide to the ,secretary a rebate that is equal to the amount specified in subsection 7b7 for such dosage form and strength with respect to such drug for such year4 7#c7 ,transition rule for reporting ,the ,secretary may1 for each rebatable covered part ,d drug1 delay the timeframe for reporting the information and rebate amount described in subparagraphs 7,a7 and 7,b7 of such paragraph for the applicable year of #bjbc until not later than ,september #cj1 #bjbe4 7b7 ,rebate amount 7#a7 ,in general 7,a7 ,calculation ,for purposes of this section1 the amount specified in this subsection for a dosage form and strength with respect to a part ,d rebatable drug and applicable year is1 subject to subparagraph 7,c71 paragraph 7#e77;,b71 and paragraph 7#f71 the amount equal to the product of-- 7i7 subject to subparagraph 7,b7 of this paragraph1 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 drug1 as reported by the manufacturer of such drug under section #aibg for each month1 with respect to such year2 and 7ii7 the amount 7if any7 by which-- 7,i7 the annual manufacturer price 7as determined in paragraph 7#b77 paid for such dosage form and strength with respect to such part ,d rebatable drug for the year2 exceeds 7,,ii7 the inflation-adjusted payment amount determined under paragraph 7#c7 for such dosage form and strength with respect to such part ,d rebatable drug for the year4 7,b7 ,excluded units ,for purposes of subparagraph 7,a77i71 the ,secretary shall exclude from the total number of units for a dosage form and strength with respect to a part ,d rebatable drug1 with respect to an applicable year1 the following3 7i7 ,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 7or waiver of such plan71 as reported by ,states under section #aibg7;b77#b77;,a74 7ii7 ,units of each dosage form and strength of such part ,d rebatable drug for which a rebate is paid under section #ahdg;,a7h74 7,c7 ,exemption for shortages and severe supply chain disruptions ,the ,secretary shall reduce or waive the amount under subparagraph 7,a7 with respect to a part ,d rebatable drug that is described as currently in shortage on the shortage list in effect under section #ejf;,e of the ,federal ,food1 ,drug1 and ,cosmetic ,act or in the case of a generic drug1 when the ,secretary determines there are severe supply chain disruptions4 7#b7 ,determination of annual manufacturer price ,the annual manufacturer price determined under this paragraph for a dosage form and strength1 with respect to a part ,d rebatable drug and an applicable year1 is the sum of the products of-- 7,a7 the average manufacturer price 7as defined in subsection 7g77#f77 of such dosage form and strength1 as calculated for a unit of such drug1 with respect to each of the calendar quarters of such year2 and 7,b7 the ratio of-- 7i7 the total number of units of such dosage form and strength reported under section #aibg with respect to each such calendar quarter of such year2 to 7ii7 the total number of units of such dosage form and strength reported under section #aibg with respect to such year1 as determined by the ,secretary4 7#c7 ,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 year1 subject to paragraph 7#e71 is-- 7,a7 the benchmark year manufacturer price determined under paragraph 7#d7 for such dosage form and strength with respect to such drug and year2 increased by 7,b7 the percentage by which the applicable year ,,cpi-,u 7as defined in subsection 7g77#e77 for the year exceeds the benchmark period ,,cpi-,u 7as defined in subsection 7g77#d774 7#d7 ,determination of benchmark year manufacturer price ,the benchmark year manufacturer price determined under this paragraph for a dosage form and strength1 with respect to a part ,d rebatable drug and an applicable year1 is the sum of the products of-- 7,a7 the average manufacturer price 7as defined in subsection 7g77#f77 of such dosage form and strength1 as calculated for a unit of such drug1 with respect to each of the calendar quarters of the payment amount benchmark year 7as defined in subsection 7g77#c772 and 7,b7 the ratio of-- 7i7 the total number of units reported under section #aibg of such dosage form and strength with respect to each such calendar quarter of such payment amount benchmark year2 to 7ii7 the total number of units reported under section #aibg of such dosage form and strength with respect to such payment amount benchmark year4 7#e7 ,special treatment of certain drugs and exemption 7,a7 ,subsequently approved drugs ,in the case of a part ,d rebatable drug first approved or licensed by the ,food and ,drug ,administration after ,october #a1 #bjba1 subparagraphs 7,a7 and 7,b7 of paragraph 7#d7 shall be applied as if the term payment amount benchmark year were defined under subsection 7g77#c7 as the first calendar year beginning after the day on which the drug was first marketed by any manufacturer and subparagraph 7,b7 of paragraph 7#c7 shall be applied as if the term benchmark period ,,cpi-,u were defined under subsection 7g77#d7 as if the reference to the month immediately prior to ,october #bjba 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 manufacturer4 7,b7 ,treatment of new formulations 7i7 ,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 form1 the ,secretary shall establish a formula for determining the rebate amount under paragraph 7#a7 and the inflation adjusted payment amount under paragraph 7#c7 with respect to such part ,d rebatable drug and an applicable year1 consistent with the formula applied under subsection 7c77#b77;,c7 of section #aibg for determining a rebate obligation for a rebate period under such section4 7ii7 ,line extension defined ,in this subparagraph1 the term line extension means1 with respect to a part ,d rebatable drug1 a new formulation of the drug1 such as an extended release formulation1 but does not include an abuse-deterrent formulation of the drug 7as determined by the ,secretary71 regardless of whether such abuse-deterrent formulation is an extended release formulation4 7,c7 ,selected drugs ,in the case of a part ,d rebatable drug that is a selected drug 7as defined in section #aaib7;c77 for a price applicability period 7as defined in section #aaia7;b77#b771 in the case such drug is determined 7pursuant to such section #aaib7;c77 to no longer be a selected drug1 for each applicable year beginning after the price applicability period with respect to such drug1 subparagraphs 7,a7 and 7,b7 of paragraph 7#d7 shall be applied as if the term payment amount benchmark year were defined under subsection 7g77#c7 as the last year beginning during such price applicability period with respect to such selected drug and subparagraph 7,b7 of paragraph 7#c7 shall be applied as if the term benchmark period ,,cpi-,u were defined under subsection 7g77#d7 as if the reference to the month immediately prior to ,october #a1 #bjba under such subsection were a reference to ,january of the last year beginning during such price applicability period with respect to such drug4 7#f7 ,reconciliation in case of revised ,,amp reports ,the ,secretary shall provide for a method and process under which1 in the case of a manufacturer of a part ,d rebatable drug that submits revisions to information submitted under section #aibg by the manufacturer with respect to such drug1 the ,secretary determines1 pursuant to such revisions1 adjustments1 if any1 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 subsection4 ,any identified underpayment shall be rectified by the manufacturer not later than #cj days after the date of receipt from the ,secretary of information on such underpayment4 7c7 ,rebate deposits ,amounts paid as rebates under subsection 7b7 shall be deposited into the ,medicare ,prescription ,drug ,account in the ,federal ,supplementary ,medical ,insurance ,trust ,fund established under section #ahda4 7d7 ,information ,for purposes of carrying out this section1 the ,secretary shall use information submitted by manufacturers under section #aibg7;b77#c7 and information submitted by ,states under section #aibg7;b77#b77;,a74 7e7 ,civil money penalty ,if a manufacturer of a part ,d rebatable drug has failed to comply with the requirement under subsection 7a77#b7 with respect to such drug for an applicable year1 the manufacturer shall be subject to1 in accordance with a process established by the ,secretary pursuant to regulations1 a civil money penalty in an amount equal to #abe percent of the amount specified in subsection 7b7 for such drug for such year4 ,the provisions of section #aabh;,a 7other than subsections 7a7 7with respect to amounts of penalties or additional assessments7 and 7b77 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 #aabh;,a7a74 7f7 ,no administrative or judicial review ,there shall be no administrative or judicial review of the following3 7#a7 ,the determination of units under this section4 7#b7 ,the determination of whether a drug is a part ,d rebatable drug under this section4 7#c7 ,the calculation of the rebate amount under this section4 7g7 ,definitions ,in this section3 7#a7 ,part ,d rebatable drug 7,a7 ,in general ,the term part ,d rebatable drug means a drug or biological that would 7without application of this section7 be a covered part ,d drug1 except such term shall1 with respect to an applicable year1 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 biological1 as determined by the ,secretary1 is less than1 subject to subparagraph 7,b71 #ajj1 as determined by the ,secretary using the most recent data available or1 if data is not available1 as estimated by the ,secretary4 7,b7 ,increase ,the dollar amount applied under subparagraph 7,a7-- 7i7 for #bjbd1 shall be the dollar amount specified under such subparagraph for #bjbc1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 for the #ab-month period beginning with ,january of #bjbc2 and 7ii7 for a subsequent year1 shall be the dollar amount specified in this subparagraph for the previous year1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 for the #ab-month period beginning with ,january of the previous year4 ,any dollar amount specified under this subparagraph that is not a multiple of #aj shall be rounded to the nearest multiple of #aj4 7#b7 ,unit ,the term unit means1 with respect to a part ,d rebatable drug1 the lowest dispensable amount 7such as a capsule or tablet1 milligram of molecules1 or grams7 of the part ,d rebatable drug1 as reported under section #aibg4 7#c7 ,payment amount benchmark year ,the term payment amount benchmark year means the year ending in the month immediately prior to ,october #a1 #bjba4 7#d7 ,benchmark period ,,cpi-,u ,the term benchmark period ,,cpi-,u means the consumer price index for all urban consumers 7,united ,states city average7 for the month immediately prior to ,october #bjba4 7#e7 ,applicable year ,,cpi-,u ,the term applicable year ,,cpi-,u means1 with respect to an applicable year1 the consumer price index for all urban consumers 7,united ,states city average7 for ,january of such year4 7#f7 ,average manufacturer price ,the term average manufacturer price has the meaning1 with respect to a part ,d rebatable drug of a manufacturer1 given such term in section #aibg7k77#a71 with respect to a covered outpatient drug of a manufacturer for a rebate period under section #aibg4 7#g7 ,applicable year ,the term applicable year means a calendar year beginning with #bjbc4 7h7 ,implementation for #bjbc and #bjbd ,notwithstanding any other provision of this section1 the ,secretary shall implement this section for #bjbc and #bjbd by program instruction or otherwise4 4 7b7 ,conforming amendments 7#a7 ,to part ,b ,,asp calculation ,section #ahdg;,a7c77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7c77#c771 as amended by section #aciaja7;c77#a71 is further amended by striking subsection 7h7 or section #aibg and inserting subsection 7h71 section #aibg1 or section #ahfj;,d-#ad;,b4 7#b7 ,excluding part ,d drug inflation rebate from best price ,section #aibg7;c77#a77;,c77ii77,i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;c77#a77;,c77ii77,i771 as amended by section #aciaja7;c77#b71 is further amended by striking or section #ahdg;,a7h7 and inserting 1 section #ahdg;,a7h71 or section #ahfj;,d-#ad;,b4 7#c7 ,coordination with ,medicaid rebate information disclosure ,section #aibg7;b77#c77;,d77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;b77#c77;,d77i771 as amended by section #aciaja7;c77#c71 is further amended by striking or to carry out section #ahdg;,b and inserting or to carry out section #ahdg;,b or section #ahfj;,d-#ad;,b4 7#d7 ,excluding part ,d drug inflation rebates from average manufacturer price ,section #aibg7k77#a77;,b77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7k77#a77;,b77i771 as previously amended1 is further amended by adding at the end the following new subclause3 7,,vii7 rebates paid by manufacturers under section #ahfj;,d-#ad;,b4 4 7c7 ,funding ,in addition to amounts otherwise available1 there are appropriated to the ,centers for ,medicare ,medicaid ,services1 out of any money in the ,treasury not otherwise appropriated1 #ab1ejj1jjj for fiscal year #bjbb and #g1ejj1jjj for each of fiscal years #bjbc through #bjca1 to remain available until expended1 to carry out the provisions of1 including the amendments made by1 this section4 #c ,part ,d ,improvements and ,maximum ,out-of-,pocket ,cap for ,medicare ,beneficiaries #acibja4 ,medicare part ,d benefit redesign 7a7 ,benefit structure redesign ,section #ahfj;,d-#b7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;b77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by inserting for a year preceding #bjbd and for costs above the annual deductible specified in paragraph 7#a7 and up to the annual out-of-pocket threshold specified in paragraph 7#d77;,b7 for #bjbd and each subsequent year after paragraph 7#c72 7,b7 in subparagraph 7,c7-- 7i7 in clause 7i71 in the matter preceding subclause 7,i71 by inserting for a year preceding #bjbd1 after paragraph 7#d712 and 7ii7 in clause 7ii77,,iii71 by striking and each subsequent year and inserting through #bjbc2 and 7,c7 in subparagraph 7,d7-- 7i7 in clause 7i7-- 7,i7 in the matter preceding subclause 7,i71 by inserting for a year preceding #bjbd1 after paragraph 7#d712 and 7,,ii7 in subclause 7,i77bb71 by striking a year after #bjah and inserting each of years #bjai through #bjbc2 and 7ii7 in clause 7ii77,v71 by striking #bjai and each subsequent year and inserting each of years #bjai through #bjbc2 7#b7 in paragraph 7#c77;,a7-- 7,a7 in the matter preceding clause 7i71 by inserting for a year preceding #bjbd1 after and 7#d712 and 7,b7 in clause 7ii71 by striking for a subsequent year and inserting for each of years #bjjg through #bjbc2 and 7#c7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i7-- 7,i7 by redesignating subclauses 7,i7 and 7,,ii7 as items 7aa7 and 7bb71 respectively1 and moving the margin of each such redesignated item #b ems to the right2 7,,ii7 in the matter preceding item 7aa71 as redesignated by subclause 7,i71 by striking is equal to the greater of-- and inserting 8is equal to-- 7,i7 for a year preceding #bjbd1 the greater of-- 2 7,,iii7 by striking the period at the end of item 7bb71 as redesignated by subclause 7,i71 and inserting 2 and2 and 7,,iv7 by adding at the end the following3 7,,ii7 for #bjbd and each succeeding year1 #j4 2 and 7ii7 in clause 7ii7-- 7,i7 by striking clause 7i77,i7 and inserting clause 7i77,i77aa72 and 7,,ii7 by adding at the end the following new sentence3 ,the ,secretary shall continue to calculate the dollar amounts specified in clause 7i77,i77aa71 including with the adjustment under this clause1 after #bjbc for purposes of section #ahfj;,d-#ad7;a77#a77;,d77iii742 7,b7 in subparagraph 7,b7-- 7i7 in clause 7i7-- 7,i7 in subclause 7,v71 by striking or at the end2 7,,ii7 in subclause 7,,vi7-- 7aa7 by striking for a subsequent year and inserting for each of years #bjba through #bjbc2 and 7bb7 by striking the period at the end and inserting a semicolon2 and 7,,iii7 by adding at the end the following new subclauses3 7,,vii7 for #bjbd1 is equal to #b1jjj2 or 7,,viii7 for a subsequent year1 is equal to the amount specified in this subparagraph for the previous year1 increased by the annual percentage increase described in paragraph 7#f7 for the year involved4 2 and 7ii7 in clause 7ii71 by striking clause 7i77,,ii7 and inserting clause 7i72 7,c7 in subparagraph 7,c77i71 by striking and for amounts and inserting and1 for a year preceding #bjbd1 for amounts2 and 7,d7 in subparagraph 7,e71 by striking ,in applying and inserting ,for each of years #bjaa through #bjbc1 in applying4 7b7 ,reinsurance payment amount ,section #ahfj;,d-#ae7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aae7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking equal to #hj percent and inserting 8equal to-- 7,a7 for a year preceding #bjbd1 #hj percent 2 7,b7 in subparagraph 7,a71 as added by subparagraph 7,a71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,b7 for #bjbd and each subsequent year1 the sum of-- 7i7 an amount equal to #bj percent of such allowable reinsurance costs attributable to that portion of gross prescription drug costs as specified in paragraph 7#c7 incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b7 with respect to applicable drugs 7as defined in section #ahfj;,d-#ad;,c7g77#b772 and 7ii7 an amount equal to #dj percent of such allowable reinsurance costs attributable to that portion of gross prescription drug costs as specified in paragraph 7#c7 incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b7 with respect to covered part ,d drugs that are not applicable drugs 7as so defined74 2 7#b7 in paragraph 7#b7-- 7,a7 by striking ,,costs4--,for purposes and inserting ,costs4-- 7,a7 ,in general ,subject to subparagraph 7,b71 for purposes 2 and 7,b7 by adding at the end the following new subparagraph3 7,b7 ,inclusion of manufacturer discounts on applicable drugs ,for purposes of applying subparagraph 7,a71 the term #8allowable reinsurance costs' shall include the portion of the negotiated price 7as defined in section #ahfj;,d-#ad;,c7g77#f77 of an applicable drug 7as defined in section #ahfj;,d-#ad;,c7g77#b77 that was paid by a manufacturer under the manufacturer discount program under section #ahfj;,d-#ad;,c4 2 and 7#c7 in paragraph 7#c7-- 7,a7 in the first sentence1 by striking ,for purposes and inserting ,subject to paragraph 7#b77;,b71 for purposes2 and 7,b7 in the second sentence1 by inserting 7or1 with respect to #bjbd and subsequent years1 in the case of an applicable drug1 as defined in section #ahfj;,d-#ad;,c7g77#b71 by a manufacturer7 after by the individual or under the plan4 7c7 ,reduced cost-sharing2 beneficiary premium percentage 7#a7 ,cost-sharing 7,a7 ,in general ,section #ahfj;,d-#b7;b77#b77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;b77#b77;,a77 is amended-- 7i7 in the subparagraph header1 by striking #be percent coinsurance and inserting ,coinsurance2 7ii7 in clause 7i71 by inserting 7or1 for #bjbd and each subsequent year1 #bc percent7 after #be percent2 and 7iii7 in clause 7ii71 by inserting 7or1 for #bjbd and each subsequent year1 #bc percent7 after #be percent4 7,b7 ,conforming amendment ,section #ahfj;,d-#ad7;a77#b77;,d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad7;a77#b77;,d77 is amended by inserting 7or1 for #bjbd and each subsequent year1 instead of coinsurance of #bc percent7 after instead of coinsurance of #be percent4 7#b7 ,beneficiary premium percentage 7,a7 ,in general ,section #ahfj;,d-#ac7;a77#c77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aac7;a77#c77;,a77 is amended by inserting 7or1 for #bjbd and each subsequent year1 #bc4e percent7 after #be4e percent4 7,b7 ,conforming amendments 7i7 ,section #ahfj;,d-#aa7;g77#f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aaa7;g77#f77 is amended by inserting 7or1 for #bjbd and each subsequent year1 #bc4e percent7 after #be4e percent4 7ii7 ,section #ahfj;,d-#ac7;a77#g77;,b77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aac7;a77#g77;,b77i77 is amended-- 7,i7 in subclause 7,i71 by inserting 7or1 for #bjbd and each subsequent year1 #bc4e percent7 after #be4e percent2 and 7,,ii7 in subclause 7,,ii71 by inserting 7or1 for #bjbd and each subsequent year1 #bc4e percent7 after #be4e percent4 7iii7 ,section #ahfj;,d-#ae7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aae7;a77 is amended by inserting 7or1 for #bjbd and each subsequent year1 #gf4e percent7 after #gd4e percent4 7d7 ,manufacturer discount program 7#a7 ,in general ,part ,d of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aja through #db ,u4,s4,c4 #aciew-#aec71 as amended by section #aciajb1 is further amended by inserting after section #ahfj;,d-#ad;,b the following new sections3 #ahfj;,d-#ad;,c4 ,manufacturer discount program 7a7 ,establishment ,the ,secretary shall establish a manufacturer discount program 7in this section referred to as the program74 ,under the program1 the ,secretary shall enter into agreements described in subsection 7b7 with manufacturers and provide for the performance of the duties described in subsection 7c74 ,the ,secretary shall establish a model agreement for use under the program by not later than ,january #a1 #bjbc1 in consultation with manufacturers1 and allow for comment on such model agreement4 7b7 ,terms of agreement 7#a7 ,in general 7,a7 ,agreement ,an agreement under this section shall require the manufacturer to provide1 in accordance with this section1 discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after ,january #a1 #bjbd4 7,b7 ,clarification ,nothing in this section shall be construed as affecting-- 7i7 the application of a coinsurance of #bc percent of the negotiated price1 as applied under paragraph 7#b77;,a7 of section #ahfj;,d-#b7;b71 for costs described in such paragraph2 or 7ii7 the application of the copayment amount described in paragraph 7#d77;,a7 of such section1 with respect to costs described in such paragraph4 7,c7 ,timing of agreement 7i7 ,special rule for #bjbd ,in order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on ,january #a1 #bjbd1 and ending on ,december #ca1 #bjbd1 the manufacturer shall enter into such agreement not later than #cj days after the date of the establishment of a model agreement under subsection 7a74 7ii7 #bjbe and subsequent years ,in order for an agreement with a manufacturer to be in effect under this section with respect to plan year #bjbe or a subsequent plan year1 the manufacturer shall enter into such agreement not later than a calendar quarter or semi-annual deadline established by the ,secretary4 7#b7 ,provision of appropriate data ,each manufacturer with an agreement in effect under this section shall collect and have available appropriate data1 as determined by the ,secretary1 to ensure that it can demonstrate to the ,secretary compliance with the requirements under the program4 7#c7 ,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 7d77#c71 as applicable1 for purposes of administering the program1 including any determination under subparagraph 7,a7 of subsection 7c77#a7 or procedures established under such subsection 7c77#a74 7#d7 ,length of agreement 7,a7 ,in general ,an agreement under this section shall be effective for an initial period of not less than #ab months and shall be automatically renewed for a period of not less than #a year unless terminated under subparagraph 7,b74 7,b7 ,termination 7i7 ,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 shown4 ,such termination shall not be effective earlier than #cj days after the date of notice to the manufacturer of such termination4 ,the ,secretary shall provide1 upon request1 a manufacturer with a hearing concerning such a termination1 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 appropriate4 7ii7 ,by a manufacturer ,a manufacturer may terminate an agreement under this section for any reason4 ,any such termination shall be effective1 with respect to a plan year-- 7,i7 if the termination occurs before ,january #ca of a plan year1 as of the day after the end of the plan year2 and 7,,ii7 if the termination occurs on or after ,january #ca of a plan year1 as of the day after the end of the succeeding plan year4 7iii7 ,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 termination4 7iv7 ,notice to third party ,the ,secretary shall provide notice of such termination to a third party with a contract under subsection 7d77#c7 within not less than #cj days before the effective date of such termination4 7c7 ,duties described ,the duties described in this subsection are the following3 7#a7 ,administration of program ,administering the program1 including-- 7,a7 the determination of the amount of the discounted price of an applicable drug of a manufacturer2 7,b7 the establishment of procedures to ensure that1 not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service1 the pharmacy or mail order service is reimbursed for an amount equal to the difference between-- 7i7 the negotiated price of the applicable drug2 and 7ii7 the discounted price of the applicable drug2 7,c7 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 ,secretary2 and 7,d7 providing a reasonable dispute resolution mechanism to resolve disagreements between manufacturers1 applicable beneficiaries1 and the third party with a contract under subsection 7d77#c74 7#b7 ,monitoring compliance 7,a7 ,in general ,the ,secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section4 7,b7 ,notification ,if a third party with a contract under subsection 7d77#c7 determines that the manufacturer is not in compliance with such agreement1 the third party shall notify the ,secretary of such noncompliance for appropriate enforcement under subsection 7e74 7#c7 ,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 section4 7d7 ,administration 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall provide for the implementation of this section1 including the performance of the duties described in subsection 7c74 7#b7 ,limitation ,in providing for the implementation of this section1 the ,secretary shall not receive or distribute any funds of a manufacturer under the program4 7#c7 ,contract with third parties ,the ,secretary shall enter into a contract with #a or more third parties to administer the requirements established by the ,secretary in order to carry out this section4 ,at a minimum1 the contract with a third party under the preceding sentence shall require that the third party-- 7,a7 receive and transmit information between the ,secretary1 manufacturers1 and other individuals or entities the ,secretary determines appropriate2 7,b7 receive1 distribute1 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 section2 7,c7 provide adequate and timely information to manufacturers1 consistent with the agreement with the manufacturer under this section1 as necessary for the manufacturer to fulfill its obligations under this section2 and 7,d7 permit manufacturers to conduct periodic audits1 directly or through contracts1 of the data and information used by the third party to determine discounts for applicable drugs of the manufacturer under the program4 7#d7 ,performance requirements ,the ,secretary shall establish performance requirements for a third party with a contract under paragraph 7#c7 and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this section4 7#e7 ,implementation ,the ,secretary shall implement the program under this section for #bjbd and #bjbe by program instruction or otherwise4 7e7 ,enforcement 7#a7 ,audits ,each manufacturer with an agreement in effect under this section shall be subject to periodic audit by the ,secretary4 7#b7 ,civil money penalty 7,a7 ,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-- 7i7 the amount that the manufacturer would have paid with respect to such discounts under the agreement1 which will then be used to pay the discounts which the manufacturer had failed to provide2 and 7ii7 #be percent of such amount4 7,b7 ,application ,the provisions of section #aabh;,a 7other than subsections 7a7 and 7b77 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 #aabh;,a7a74 7f7 ,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 7including 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 in74 7g7 ,definitions ,in this section3 7#a7 ,applicable beneficiary ,the term applicable beneficiary means an individual who1 on the date of dispensing a covered part ,d drug-- 7,a7 is enrolled in a prescription drug plan or an ,,ma-,,pd plan2 7,b7 is not enrolled in a qualified retiree prescription drug plan2 and 7,c7 has incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c7 as if clause 7iii7 of such section included a reference to costs reimbursed through insurance1 a group health plan1 or certain other third-party payment arrangements1 for covered part ,d drugs in the year that exceed-- 7i7 in the case of an individual not described in clause 7ii7 or 7iii71 the annual deductible for such year1 as specified in section #ahfj;,d-#b7;b77#a72 7ii7 in the case of a subsidy eligible individual described in section #ahfj;,d-#ad7;a77#a71 the annual deductible for such year1 as specified in subparagraph 7,b7 of such section2 and 7iii7 in the case of a subsidy eligible individual described in section #ahfj;,d-#ad7;a77#b71 the annual deductible for such year1 as specified in subparagraph 7,b7 of such section4 7#b7 ,applicable drug ,the term applicable drug1 with respect to an applicable beneficiary-- 7,a7 means a covered part ,d drug-- 7i7 approved under a new drug application under section #eje7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act or1 in the case of a biologic product1 licensed under section #cea of the ,public ,health ,service ,act2 and 7ii7 7,i7 if the ,,pdp sponsor of the prescription drug plan or the ,,ma organization offering the ,,ma-,,pd plan uses a formulary1 which is on the formulary of the prescription drug plan or ,,ma-,,pd plan that the applicable beneficiary is enrolled in2 7,,ii7 if the ,,pdp sponsor of the prescription drug plan or the ,,ma organization offering the ,,ma-,,pd plan does not use a formulary1 for which benefits are available under the prescription drug plan or ,,ma-,,pd plan that the applicable beneficiary is enrolled in2 or 7,,iii7 is provided through an exception or appeal2 and 7,b7 does not include a selected drug 7as referred to under section #aaib7;c77 during a price applicability period 7as defined in section #aaia7;b77#b77 with respect to such drug4 7#c7 ,applicable number of calendar days ,the term applicable number of calendar days means-- 7,a7 with respect to claims for reimbursement submitted electronically1 #ad days2 and 7,b7 with respect to claims for reimbursement submitted otherwise1 #cj days4 7#d7 ,discounted price 7,a7 ,in general ,the term discounted price means1 subject to subparagraphs 7,b7 and 7,c71 with respect to an applicable drug of a manufacturer dispensed during a year to an applicable beneficiary-- 7i7 who has not incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c71 for covered part ,d drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i7 for the year1 #ij percent of the negotiated price of such drug2 and 7ii7 who has incurred such costs1 as so determined1 in the year that are equal to or exceed such threshold for the year1 #hj percent of the negotiated price of such drug4 7,b7 ,phase-in for certain drugs dispensed to ,,lis beneficiaries 7i7 ,in general ,in the case of an applicable drug of a specified manufacturer 7as defined in clause 7ii77 that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary who is a subsidy eligible individual 7as defined in section #ahfj;,d-#ad7;a77#c771 the term discounted price means the specified ,,lis percent 7as defined in clause 7iii77 of the negotiated price of the applicable drug of the manufacturer4 7ii7 ,specified manufacturer 7,i7 ,in general ,in this subparagraph1 subject to subclause 7,,ii71 the term specified manufacturer means a manufacturer of an applicable drug for which1 in #bjba-- 7aa7 the manufacturer had a coverage gap discount agreement under section #ahfj;,d-#ad;,a2 7bb7 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 #a4j percent of the total expenditures under this part for all covered ,part ,d drugs during such year2 and 7cc7 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 #a4j percent of the total expenditures under part ,b for all drugs or biological products covered under such part during such year4 7,,ii7 ,specified drugs 7aa7 ,in general ,for purposes of this clause1 the term specified drug means1 with respect to a specified manufacturer1 for #bjba1 an applicable drug that is produced1 prepared1 propagated1 compounded1 converted1 or processed by the manufacturer4 7bb7 ,aggregation rule ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb of the ,internal ,revenue ,code of #aihf shall be treated as one manufacturer for purposes of this subparagraph4 ,for purposes of making a determination pursuant to the previous sentence1 an agreement under this section shall require that a manufacturer provide and attest to such information as specified by the ,secretary as necessary4 7,,iii7 ,limitation ,the term specified manufacturer shall not include a manufacturer described in subclause 7,i7 if such manufacturer is acquired after #bjba by another manufacturer that is not a specified manufacturer1 effective at the beginning of the plan year immediately following such acquisition or1 in the case of an acquisition before #bjbd1 effective ,january #a1 #bjbd4 7iii7 ,specified ,,lis percent ,in this subparagraph1 the specified ,,lis percent means1 with respect to a year-- 7,i7 for an applicable drug dispensed for an applicable beneficiary described in clause 7i7 who has not incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c71 for covered part ,d drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i7 for the year-- 7aa7 for #bjbd1 #ii percent2 7bb7 for #bjbe1 #ih percent2 7cc7 for #bjbf1 #ie percent2 7dd7 for #bjbg1 #ib percent2 and 7ee7 for #bjbh and each subsequent year1 #ij percent2 and 7,,ii7 for an applicable drug dispensed for an applicable beneficiary described in clause 7i7 who has incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c71 for covered part ,d drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i7 for the year-- 7aa7 for #bjbd1 #ii percent2 7bb7 for #bjbe1 #ih percent2 7cc7 for #bjbf1 #ie percent2 7dd7 for #bjbg1 #ib percent2 7ee7 for #bjbh1 #ij percent2 7ff7 for #bjbi1 #he percent2 and 7gg7 for #bjcj and each subsequent year1 #hj percent4 7,c7 ,phase-in for specified small manufacturers 7i7 ,in general ,in the case of an applicable drug of a specified small manufacturer 7as defined in clause 7ii77 that is marketed as of the date of enactment of this subparagraph and dispensed for an applicable beneficiary1 the term discounted price means the specified small manufacturer percent 7as defined in clause 7iii77 of the negotiated price of the applicable drug of the manufacturer4 7ii7 ,specified small manufacturer 7,i7 ,in general ,in this subparagraph1 subject to subclause 7,,iii71 the term #8specified small manufacturer' means a manufacturer of an applicable drug for which1 in #bjba-- 7aa7 the manufacturer is a specified manufacturer 7as defined in subparagraph 7,b77ii772 and 7bb7 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 #ahfj;,d-#ad;,a of such manufacturer for such year and covered under this part during such year are equal to or more than #hj 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 year4 7,,ii7 ,specified small manufacturer drugs 7aa7 ,in general ,for purposes of this clause1 the term specified small manufacturer drugs means1 with respect to a specified small manufacturer1 for #bjba1 an applicable drug that is produced1 prepared1 propagated1 compounded1 converted1 or processed by the manufacturer4 7bb7 ,aggregation rule ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb of the ,internal ,revenue ,code of #aihf shall be treated as one manufacturer for purposes of this subparagraph4 ,for purposes of making a determination pursuant to the previous sentence1 an agreement under this section shall require that a manufacturer provide and attest to such information as specified by the ,secretary as necessary4 7,,iii7 ,limitation ,the term specified small manufacturer shall not include a manufacturer described in subclause 7,i7 if such manufacturer is acquired after #bjba by another manufacturer that is not a specified small manufacturer1 effective at the beginning of the plan year immediately following such acquisition or1 in the case of an acquisition before #bjbd1 effective ,january #a1 #bjbd4 7iii7 ,specified small manufacturer percent ,in this subparagraph1 the term specified small manufacturer percent means1 with respect to a year-- 7,i7 for an applicable drug dispensed for an applicable beneficiary who has not incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c71 for covered part ,d drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i7 for the year-- 7aa7 for #bjbd1 #ii percent2 7bb7 for #bjbe1 #ih percent2 7cc7 for #bjbf1 #ie percent2 7dd7 for #bjbg1 #ib percent2 and 7ee7 for #bjbh and each subsequent year1 #ij percent2 and 7,,ii7 for an applicable drug dispensed for an applicable beneficiary who has incurred costs1 as determined in accordance with section #ahfj;,d-#b7;b77#d77;,c71 for covered part ,d drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i7 for the year-- 7aa7 for #bjbd1 #ii percent2 7bb7 for #bjbe1 #ih percent2 7cc7 for #bjbf1 #ie percent2 7dd7 for #bjbg1 #ib percent2 7ee7 for #bjbh1 #ij percent2 7ff7 for #bjbi1 #he percent2 and 7gg7 for #bjcj and each subsequent year1 #hj percent4 7,d7 ,total expenditures ,for purposes of this paragraph1 the term total expenditures includes1 in the case of expenditures with respect to part ,d1 ingredient costs1 dispensing fees1 sales tax1 and1 if applicable1 vaccine administration fees4 ,the term total expenditures excludes1 in the case of expenditures with respect to part ,b1 expenditures for a drug or biological that are bundled or packaged into the payment for another service4 7,e7 ,special case for certain claims 7i7 ,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 #ahfj;,d-#b7;b77#a7 for the year1 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 deductible4 7ii7 ,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 #ahfj;,d-#b7;b77#d77;,b77i7 for the year1 the manufacturer of the applicable drug shall provide the discounted price-- 7,i7 in accordance with subparagraph 7,a77i7 on the portion of the negotiated price of the applicable drug that falls below such threshold2 and 7,,ii7 in accordance with subparagraph 7,a77ii7 on the portion of such price of such drug that falls at or above such threshold4 7#e7 ,manufacturer ,the term manufacturer means any entity which is engaged in the production1 preparation1 propagation1 compounding1 conversion1 or processing of prescription drug products1 either directly or indirectly by extraction from substances of natural origin1 or independently by means of chemical synthesis1 or by a combination of extraction and chemical synthesis4 ,such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under ,state law4 7#f7 ,negotiated price ,the term negotiated price has the meaning given such term in section #dbc4ajj of title #db1 ,code of ,federal ,regulations 7or any successor regulation7 and1 with respect to an applicable drug1 such negotiated price shall include any dispensing fee and1 if applicable1 any vaccine administration fee for the applicable drug4 7#g7 ,qualified retiree prescription drug plan ,the term qualified retiree prescription drug plan has the meaning given such term in section #ahfj;,d-#bb7;a77#b74 #ahfj;,d-#ad;,d4 ,selected drug subsidy program ,with respect to covered part ,d drugs that would be applicable drugs 7as defined in section #ahfj;,d-#ad;,c7g77#b7 but for the application of subparagraph 7,b7 of such section1 the ,secretary shall provide a process whereby1 in the case of an applicable beneficiary 7as defined in section #ahfj;,d-#ad;,c7g77#a77 who1 with respect to a year1 is enrolled in a prescription drug plan or is enrolled in an ,,ma-,,pd plan1 has not incurred costs that are equal to or exceed the annual out-of-pocket threshold specified in section #ahfj;,d-#b7;b77#d77;,b77i71 and is dispensed such a drug the ,secretary 7periodically and on a timely basis7 provides the ,,pdp sponsor or the ,,ma organization offering the plan1 a subsidy with respect to such drug that is equal to #aj percent of the negotiated price 7as defined in section #ahfj;,d-#ad;,c7g77#f77 of such drug4 4 7#b7 ,sunset of ,medicare coverage gap discount program ,section #ahfj;,d-#ad;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acie-aad;a7 is amended-- 7,a7 in subsection 7a71 in the first sentence1 by striking ,the ,secretary and inserting ,subject to subsection 7h71 the ,secretary2 and 7,b7 by adding at the end the following new subsection3 7h7 ,sunset of program 7#a7 ,in general ,the program shall not apply with respect to applicable drugs dispensed on or after ,january #a1 #bjbd1 and1 subject to paragraph 7#b71 agreements under this section shall be terminated as of such date4 7#b7 ,continued application for applicable drugs dispensed prior to sunset ,the provisions of this section 7including all responsibilities and duties7 shall continue to apply on and after ,january #a1 #bjbd1 with respect to applicable drugs dispensed prior to such date4 4 7#c7 ,inclusion of actuarial value of manufacturer discounts in bids ,section #ahfj;,d-#aa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aaa7 is amended-- 7,a7 in subsection 7b77#b77;,c77iii7-- 7i7 by striking assumptions regarding the reinsurance and inserting 8assumptions regarding-- 7,i7 the reinsurance 2 and 7ii7 by adding at the end the following3 7,,ii7 for #bjbd and each subsequent year1 the manufacturer discounts provided under section #ahfj;,d-#ad;,c subtracted from the actuarial value to produce such bid2 and 2 and 7,b7 in subsection 7c77#a77;,c7-- 7i7 by striking an actuarial valuation of the reinsurance and inserting 8an actuarial valuation of-- 7i7 the reinsurance 2 7ii7 in clause 7i71 as inserted by clause 7i7 of this subparagraph1 by adding and at the end2 and 7iii7 by adding at the end the following3 7ii7 for #bjbd and each subsequent year1 the manufacturer discounts provided under section #ahfj;,d-#ad;,c2 4 7e7 ,conforming amendments 7#a7 ,section #ahfj;,d-#b of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7 is amended-- 7,a7 in subsection 7a77#b77;,a77i77,i71 by striking 1 or an increase in the initial and inserting or1 for a year preceding #bjbd1 an increase in the initial2 7,b7 in subsection 7c77#a77;,c7-- 7i7 in the subparagraph heading1 by striking at initial coverage limit2 and 7ii7 by inserting for a year preceding #bjbd or the annual out-of-pocket threshold specified in subsection 7b77#d77;,b7 for the year for #bjbd and each subsequent year after subsection 7b77#c7 for the year each place it appears2 and 7,c7 in subsection 7d77#a77;,a71 by striking or an initial and inserting or1 for a year preceding #bjbd1 an initial4 7#b7 ,section #ahfj;,d-#d7;a77#d77;,b77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajd7;a77#d77;,b77i77 is amended by striking the initial and inserting for a year preceding #bjbd1 the initial4 7#c7 ,section #ahfj;,d-#ad7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad7;a77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by striking ,the continuation and inserting ,for a year preceding #bjbd1 the continuation2 7ii7 in subparagraph 7,d77iii71 by striking #ahfj;,d-#b7;b77#d77;,a77i77,i7 and inserting #ahfj;,d-#b7;b77#d77;,a77i77,i77aa72 and 7iii7 in subparagraph 7,e71 by striking ,the elimination and inserting ,for a year preceding #bjbd1 the elimination2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,c71 by striking ,the continuation and inserting ,for a year preceding #bjbd1 the continuation2 and 7ii7 in subparagraph 7,e71 by striking #ahfj;,d-#b7;b77#d77;,a77i77,i7 and inserting #ahfj;,d-#b7;b77#d77;,a77i77,i77aa74 7#d7 ,section #ahfj;,d-#ba7;d77#g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aca7;d77#g77 is amended by striking section #ahfj;,d-#b7;b77#d77;,b77i7 and inserting section #ahfj;,d-#b7;b77#d77;,c77i74 7#e7 ,section #ahfj;,d-#bb7;a77#b77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#acb7;a77#b77;,a77 is amended-- 7,a7 by striking the value of any discount and inserting the following3 the value of-- 7i7 for years prior to #bjbd1 any discount 2 7,b7 in clause 7i71 as inserted by subparagraph 7,a7 of this paragraph1 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new clause3 7ii7 for #bjbd and each subsequent year1 any discount provided pursuant to section #ahfj;,d-#ad;,c4 4 7#f7 ,section #ahfj;,d-#da7;a77#f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aea7;a77#f77 is amended-- 7,a7 by inserting for a year before #bjbd after #ahfj;,d-#b7;b77#c72 and 7,b7 by inserting for such year before the period4 7#g7 ,section #ahfj;,d-#dc of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aec7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking paragraph 7#a7 and inserting the following3 7#a7 participate in-- 7,a7 for #bjaa through #bjbc1 the ,medicare coverage gap discount program under section #ahfj;,d-#ad;,a2 and 7,b7 for #bjbd and each subsequent year1 the manufacturer discount program under section #ahfj;,d-#ad;,c2 2 7ii7 by striking paragraph 7#b7 and inserting the following3 7#b7 have entered into and have in effect-- 7,a7 for #bjaa through #bjbc1 an agreement described in subsection 7b7 of section #ahfj;,d-#ad;,a with the ,secretary2 and 7,b7 for #bjbd and each subsequent year1 an agreement described in subsection 7b7 of section #ahfj;,d-#ad;,c with the ,secretary2 and 2 and 7iii7 by striking paragraph 7#c7 and inserting the following3 7#c7 have entered into and have in effect1 under terms and conditions specified by the ,secretary-- 7,a7 for #bjaa through #bjbc1 a contract with a third party that the ,secretary has entered into a contract with under subsection 7d77#c7 of section #ahfj;,d-#ad;,a2 and 7,b7 for #bjbd and each subsequent year1 a contract with a third party that the ,secretary has entered into a contract with under subsection 7d77#c7 of section #ahfj;,d-#ad;,c4 2 and 7,b7 by striking subsection 7b7 and inserting the following3 7b7 ,effective date ,paragraphs 7#a77;,a71 7#b77;,a71 and 7#c77;,a7 of subsection 7a7 shall apply to covered part ,d drugs dispensed under this part on or after ,january #a1 #bjaa1 and before ,january #a1 #bjbd1 and paragraphs 7#a77;,b71 7#b77;,b71 and 7#c77;,b7 of such subsection shall apply to covered part ,d drugs dispensed under this part on or after ,january #a1 #bjbd4 4 7#h7 ,section #aibg of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7 is amended-- 7,a7 in subsection 7c77#a77;,c77i77,,vi71 by inserting before the period at the end the following3 or under the manufacturer discount program under section #ahfj;,d-#ad;,c2 and 7,b7 in subsection 7k77#a77;,b77i77,v71 by inserting before the period at the end the following3 or under section #ahfj;,d-#ad;,c4 7f7 ,implementation for #bjbd and #bjbe ,notwithstanding any other provision of this section1 the ,secretary shall implement this section1 including the amendments made by this section1 for #bjbd and #bjbe by program instruction or otherwise4 7g7 ,funding ,in addition to amounts otherwise available1 there are appropriated to the ,centers for ,medicare ,medicaid ,services1 out of any money in the ,treasury not otherwise appropriated1 #dd1jjj1jjj for fiscal year #bjbb1 #ch1jjj1jjj for fiscal year #bjbc1 and #cb1jjj1jjj for each of fiscal years #bjbd through #bjca1 to remain available until expended1 to carry out the provisions of1 including the amendments made by1 this section4 #acibjb4 ,maximum monthly cap on cost sharing payments under prescription drug plans and ma-pd plans 7a7 ,in general ,section #ahfj;,d-#b7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;b771 as amended by section #acibja1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking and 7,d7 and inserting 1 7,d71 and 7,e72 and 7,b7 by adding at the end the following new subparagraph3 7,e7 ,maximum monthly cap on cost sharing payments 7i7 ,in general ,for plan years beginning on or after ,january #a1 #bjbe1 each ,,pdp sponsor offering a prescription drug plan and each ,,ma organization offering an ,,ma-,,pd plan shall provide to any enrollee of such plan1 including an enrollee who is a subsidy eligible individual 7as defined in paragraph 7#c7 of section #ahfj;,d-#ad7;a771 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 subparagraph4 7ii7 ,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 7i71 the ,,pdp sponsor or ,,ma organization shall determine a maximum monthly cap 7as defined in clause 7iv77 for such enrollee4 7iii7 ,beneficiary monthly payments ,with respect to an enrollee who has made an election pursuant to clause 7i71 for each month described in clause 7ii71 the ,,pdp sponsor or ,,ma organization shall bill such enrollee an amount 7not to exceed the maximum monthly cap7 for the out-of-pocket costs of such enrollee in such month4 7iv7 ,maximum monthly cap defined ,in this subparagraph1 the term maximum monthly cap means1 with respect to an enrollee-- 7,i7 for the first month for which the enrollee has made an election pursuant to clause 7i71 an amount determined by calculating-- 7aa7 the annual out-of-pocket threshold specified in paragraph 7#d77;,b7 minus the incurred costs of the enrollee as described in paragraph 7#d77;,c72 divided by 7bb7 the number of months remaining in the plan year2 and 7,,ii7 for a subsequent month1 an amount determined by calculating-- 7aa7 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 enrollee2 divided by 7bb7 the number of months remaining in the plan year4 7v7 ,additional requirements ,the following requirements shall apply with respect to the option to make an election pursuant to clause 7i7 under this subparagraph3 7,i7 ,secretarial responsibilities ,the ,secretary shall provide information to part ,d eligible individuals on the option to make such election through educational materials1 including through the notices provided under section #ahjd7;a74 7,,ii7 ,timing of election ,an enrollee in a prescription drug plan or an ,,ma-,,pd plan may make such an election-- 7aa7 prior to the beginning of the plan year2 or 7bb7 in any month during the plan year4 7,,iii7 ,pdp sponsor and ma organization responsibilities ,each ,,pdp sponsor offering a prescription drug plan or ,,ma organization offering an ,,ma-,,pd plan-- 7aa7 may not limit the option for an enrollee to make such an election to certain covered part ,d drugs2 7bb7 shall1 prior to the plan year1 notify prospective enrollees of the option to make such an election in promotional materials2 7cc7 shall include information on such option in enrollee educational materials2 7dd7 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 election2 7ee7 shall provide that a pharmacy1 after receiving a notification described in item 7dd7 with respect to an enrollee1 informs the enrollee of such notification2 7ff7 shall ensure that such an election by an enrollee has no effect on the amount paid to pharmacies 7or the timing of such payments7 with respect to covered part ,d drugs dispensed to the enrollee2 and 7gg7 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 year4 7,,iv7 ,failure to pay amount billed ,if an enrollee fails to pay the amount billed for a month as required under this subparagraph1 the election of the enrollee pursuant to clause 7i7 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 7#d77;,b74 7,v7 ,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 subparagraph4 7,,vi7 ,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 bids4 2 and 7#b7 in paragraph 7#d7-- 7,a7 in subparagraph 7,c71 by striking in subparagraph 7,e7 and inserting in subparagraph 7,e7 and subject to subparagraph 7,f72 and 7,b7 by adding at the end the following new subparagraph3 7,f7 ,inclusion of costs paid under maximum monthly cap option ,in applying subparagraph 7,a71 with respect to an enrollee who has made an election pursuant to clause 7i7 of paragraph 7#b77;,e71 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 paragraph4 4 7b7 ,application to alternative prescription drug coverage ,section #ahfj;,d-#b7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;c77 is amended by adding at the end the following new paragraph3 7#d7 ,same maximum monthly cap on cost sharing ,for plan years beginning on or after ,january #a1 #bjbe1 the maximum monthly cap on cost sharing payments under the option provided under subsection 7b77#b77;,e7 shall apply to such coverage4 4 7c7 ,implementation for #bjbe ,the ,secretary shall implement this section1 including the amendments made by this section1 for #bjbe by program instruction or otherwise4 7d7 ,funding ,in addition to amounts otherwise available1 there are appropriated to the ,centers for ,medicare ,medicaid ,services1 out of any money in the ,treasury not otherwise appropriated1 #a1jjj1jjj for each of fiscal years #bjbb through #bjca1 to remain available until expended1 to carry out the provisions of1 including the amendments made by1 this section4 #d ,repeal of ,certain ,prescription ,drug ,rebate ,rule #acicja4 ,prohibiting implementation of rule relating to eliminating the anti-kickback statute safe harbor protection for prescription drug rebates ,beginning ,january #a1 #bjbf1 the ,secretary of ,health and ,human ,services shall not implement1 administer1 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 #cj1 #bjbj1 and titled ,fraud and ,abuse2 ,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 7#he ,fed4 ,reg4 #gffff74 #e ,miscellaneous #acidja4 ,appropriate cost-sharing for certain insulin products under ,medicare part ,d 7a7 ,in general ,section #ahfj;,d-#b of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a71 by striking ,the coverage and inserting ,subject to paragraph 7#h71 the coverage2 7,b7 in paragraph 7#b77;,a71 by striking and 7,d7 and inserting and 7,d7 and paragraph 7#h72 7,c7 in paragraph 7#c77;,a71 by striking and 7#d7 and inserting 7#d71 and 7#h72 7,d7 in paragraph 7#d77;,a77i71 by striking ,the coverage and inserting ,subject to paragraph 7#h71 the coverage2 and 7,e7 by adding at the end the following new paragraph3 7#h7 ,treatment of cost-sharing for certain insulin products 7,a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbc1 the following shall apply with respect to insulin products 7as defined in subparagraph 7,b773 7i7 ,no application of deductible ,the deductible under paragraph 7#a7 shall not apply with respect to such insulin products4 7ii7 ,application of cost-sharing 7,i7 ,plan year #bjbc ,for plan year #bjbc1 the coverage provides benefits for such insulin products1 regardless of whether an individual has reached the initial coverage limit under paragraph 7#c7 or the out-of-pocket threshold under paragraph 7#d71 with cost-sharing that is equal to the applicable copayment amount4 7,,ii7 ,plan year #bjbd and subsequent plan years ,for plan year #bjbd and subsequent plan years1 the coverage provides benefits for such insulin products1 prior to an individual reaching the out-of-pocket threshold under paragraph 7#d71 with cost-sharing that is equal to the applicable copayment amount4 7,,iii7 ,applicable copayment amount ,for purposes of this clause1 the term applicable copayment amount means1 with respect to an insulin product under a prescription drug plan or an ,,ma-,,pd plan1 an amount that is not more than #ce4 7,b7 ,insulin product ,for purposes of this paragraph1 the term insulin product means an insulin product that is approved under section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act or licensed under section #cea of the ,public ,health ,service ,act and marketed pursuant to such approval or licensure1 including any insulin product that has been deemed to be licensed under section #cea of the ,public ,health ,service ,act pursuant to section #gjjb7;e77#d7 of the ,biologics ,price ,competition and ,innovation ,act of #bjji and marketed pursuant to such section4 2 and 7#b7 in subsection 7c71 by adding at the end the following new paragraph3 7#d7 ,treatment of cost-sharing for insulin products ,the coverage is provided in accordance with subsection 7b77#h74 4 7b7 ,conforming amendments to cost-sharing for low-income individuals ,section #ahfj;,d-#ad7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,d77iii71 by adding at the end the following new sentence3 ,for plan year #bjbc and subsequent plan years1 the copayment amount applicable under the preceding sentence to an insulin product 7as defined in section #ahfj;,d-#b7;b77#h77;,b77 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 enrolled42 and 7,b7 in subparagraph 7,e71 by inserting the following before the period at the end or under section #ahfj;,d-#b7;b77#h7 in the case of an insulin product 7as defined in subparagraph 7,b7 of such section72 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,d71 by adding at the end the following new sentence3 ,for plan year #bjbc and subsequent plan years1 the amount of the coinsurance applicable under the preceding sentence to an insulin product 7as defined in section #ahfj;,d-#b7;b77#h77;,b77 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 enrolled42 and 7,b7 in subparagraph 7,e71 by adding at the end the following new sentence3 ,for plan year #bjbc1 the amount of the copayment or coinsurance applicable under the preceding sentence to an insulin product 7as defined in section #ahfj;,d-#b7;b77#h77;,b77 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 enrolled4 7c7 ,implementation ,the ,secretary shall implement this section for plan years #bjbc and #bjbd by program instruction or otherwise4 #acidjb4 ,coverage of adult vaccines recommended by the ,advisory ,committee on ,immunization ,practices under ,medicare part ,d 7a7 ,ensuring treatment of cost sharing is consistent with treatment of vaccines under medicare part b ,section #ahfj;,d-#b of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb71 as amended by section #acidja1 is further amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a71 by striking paragraph 7#h7 and inserting paragraphs 7#h7 and 7#i72 7,b7 in paragraph 7#b77;,a71 by striking paragraph 7#h7 and inserting paragraphs 7#h7 and 7#i72 7,c7 in paragraph 7#c77;,a71 by striking and 7#h7 and inserting 7#h71 and 7#i72 7,d7 in paragraph 7#d77;,a77i71 by striking paragraph 7#h7 and inserting paragraphs 7#h7 and 7#i72 and 7,e7 by adding at the end the following new paragraph3 7#i7 ,treatment of cost sharing for adult vaccines recommended by the advisory committee on immunization practices consistent with treatment of vaccines under part b 7,a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbd 1 the following shall apply with respect to an adult vaccine recommended by the ,advisory ,committee on ,immunization ,practices 7as defined in subparagraph 7,b773 7i7 ,no application of deductible ,the deductible under paragraph 7#a7 shall not apply with respect to such vaccine4 7ii7 ,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 vaccine1 regardless of whether for costs below1 at1 or above the initial coverage limit under paragraph 7#c7 or the out-of-pocket threshold under paragraph 7#d74 7,b7 ,adult vaccines recommended by the advisory committee on immunization practices ,for purposes of this paragraph1 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 #cea 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 ,prevention4 2 and 7#b7 in subsection 7c71 by adding at the end the following new paragraph3 7#e7 ,treatment of cost sharing for adult vaccines recommended by the advisory committee on immunization practices ,the coverage is in accordance with subsection 7b77#i74 4 7b7 ,conforming amendments to cost sharing for low-income individuals ,section #ahfj;,d-#ad7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad7;a771 as amended by section #acidja1 is further amended-- 7#a7 in paragraph 7#a77;,d71 in each of clauses 7ii7 and 7iii71 by striking ,in the case and inserting ,subject to paragraph 7#f71 in the case2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking ,a reduction and inserting ,subject to paragraph 7#f71 a reduction 7,b7 in subparagraph 7,d71 by striking ,the substitution and inserting ,subject to paragraph 7#f71 the substitution2 and 7,c7 in subparagraph 7,e71 by striking subsection 7c7 and inserting paragraph 7#f7 and subsection 7c72 and 7#c7 by adding at the end the following new paragraph3 7#f7 ,no application of cost sharing for adult vaccines recommended by the advisory committee on immunization practices ,for plan years beginning on or after ,january #a1 #bjbd1 there shall be no cost sharing under this section1 including no annual deductible applicable under this section1 with respect to an adult vaccine recommended by the ,advisory ,committee on ,immunization ,practices 7as defined in subparagraph 7,b7 of such section74 4 7c7 ,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 ,practices4 7d7 ,implementation for #bjbd ,the ,secretary shall implement this section1 including the amendments made by this section1 for #bjbd by program instruction or otherwise4 #acidjc4 ,payment for biosimilar biological products during initial period ,section #ahdg;,a7c77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7c77#d77 is amended-- 7#a7 in each of subparagraphs 7,a7 and 7,b71 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and moving such subclauses #b ems to the right2 7#b7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii7 and moving such clauses #b ems to the right2 7#c7 by striking unavailable4--,in the case and inserting 8unavailable4-- 7,a7 ,in general ,subject to subparagraph 7,b71 in the case 2 and 7#d7 by adding at the end the following new subparagraph3 7,b7 ,limitation on payment amount for biosimilar biological products during initial period ,in the case of a biosimilar biological product furnished on or after ,july #a1 #bjbc1 during the initial period described in subparagraph 7,a7 with respect to the biosimilar biological product1 the amount payable under this section for the biosimilar biological product is the lesser of the following3 7i7 ,the amount determined under clause 7ii7 of such subparagraph for the biosimilar biological product4 7ii7 ,the amount determined under subsection 7b77#a77;,b7 for the reference biological product4 4 #acidjd4 ,temporary increase in ,medicare part ,b payment for certain biosimilar biological products ,section #ahdg;,a7b77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7b77#h77 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and moving the margin of each such redesignated clause #b ems to the right2 7#b7 by striking product4--,the amount and inserting the following3 8product4-- 7,a7 ,in general ,subject to subparagraph 7,b71 the amount 2 and 7#c7 by adding at the end the following new subparagraph3 7,b7 ,temporary payment increase 7i7 ,in general ,in the case of a qualifying biosimilar biological product that is furnished during the applicable #e-year period for such product1 the amount specified in this paragraph for such product with respect to such period is the sum determined under subparagraph 7,a71 except that clause 7ii7 of such subparagraph shall be applied by substituting #h percent for #f percent4 7ii7 ,applicable #e-year period ,for purposes of clause 7i71 the applicable #e-year period for a qualifying biosimilar biological product is-- 7,i7 in the case of such a product for which payment was made under this paragraph as of ,march #ca1 #bjbb1 the #e-year period beginning on ,april #a1 #bjbb2 and 7,,ii7 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 #a1 #bjbb1 and ending ,march #ca1 #bjbg1 the #e-year period beginning on the first day of such calendar quarter during which such payment is first made4 7iii7 ,qualifying biosimilar biological product defined ,for purposes of this subparagraph1 the term qualifying biosimilar biological product means a biosimilar biological product described in paragraph 7#a77;,c7 with respect to which-- 7,i7 in the case of a product described in clause 7ii77,i71 the average sales price under paragraph 7#h77;,a77i7 for a calendar quarter during the #e-year period described in such clause is not more than the average sales price under paragraph 7#d77;,a7 for such quarter for the reference biological product2 and 7,,ii7 in the case of a product described in clause 7ii77,,ii71 the average sales price under paragraph 7#h77;,a77i7 for a calendar quarter during the #e-year period described in such clause is not more than the average sales price under paragraph 7#d77;,a7 for such quarter for the reference biological product4 4 #acidje4 ,improving access to adult vaccines under ,medicaid and ,,chip 7a7 ,medicaid 7#a7 ,requiring coverage of adult vaccinations 7,a7 ,in general ,section #aijb7;a77#aj77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,a77 is amended in the matter preceding clause 7i7 by inserting 7#ac77;,b71 after 7#e714 7,b7 ,medically needy ,section #aijb7;a77#aj77;,c77iv7 of such ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,c77iv77 is amended by inserting 1 7#ac77;,b71 after 7#e74 7#b7 ,no cost sharing for vaccinations 7,a7 ,general cost-sharing limitations ,section #aiaf of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo7 is amended-- 7i7 in subsection 7a77#b7-- 7,i7 in subparagraph 7,g71 by inserting a comma after ,state plan2 7,,ii7 in subparagraph 7,h71 by striking 2 or and inserting a comma2 7,,iii7 in subparagraph 7,i71 by striking 2 and and inserting 1 or2 and 7,,iv7 by adding at the end the following new subparagraph3 7,j7 vaccines described in section #aije7;a77#ac77;,b7 and the administration of such vaccines2 and 2 and 7ii7 in subsection 7b77#b7-- 7,i7 in subparagraph 7,g71 by inserting a comma after ,state plan2 7,,ii7 in subparagraph 7,h71 by striking 2 or and inserting a comma2 7,,iii7 in subparagraph 7,i71 by striking 2 and and inserting 1 or2 and 7,,iv7 by adding at the end the following new subparagraph3 7,j7 vaccines described in section #aije7;a77#ac77;,b7 and the administration of such vaccines2 and 4 7,b7 ,application to alternative cost sharing ,section #aiaf;,a7b77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo-#a7;b77#c77;,b77 is amended by adding at the end the following new clause3 7xiv7 ,vaccines described in section #aije7;a77#ac77;,b7 and the administration of such vaccines4 4 7#c7 ,increased ,,fmap for adult vaccines ,section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b77 is amended-- 7,a7 by striking and 7#e7 and inserting 7#e72 7,b7 by striking services and vaccines described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#ac71 and prohibits cost-sharing for such services and vaccines and inserting services described in subsection 7a77#ac77;,a71 and prohibits cost-sharing for such services2 7,c7 by striking medical assistance for such services and vaccines and inserting medical assistance for such services2 and 7,d7 by inserting 1 and 7#f7 during the first #h fiscal quarters beginning on or after the effective date of this clause1 in the case of a ,state which1 as of the date of enactment of the ,act titled ,an ,act to provide for reconciliation pursuant to title ,,ii of ,s4 ,con4 ,res4 #ad1 provides medical assistance for vaccines described in subsection 7a77#ac77;,b7 and their administration and prohibits cost-sharing for such vaccines1 the ,federal medical assistance percentage1 as determined under this subsection and subsection 7y71 shall be increased by #a percentage point with respect to medical assistance for such vaccines before the first period4 7b7 ,,chip 7#a7 ,requiring coverage of adult vaccinations ,section #bajc7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c77 is amended by adding at the end the following paragraph3 7#ab7 ,required coverage of approved1 recommended adult vaccines and their administration ,regardless of the type of coverage elected by a ,state under subsection 7a71 if the ,state child health plan or a waiver of such plan provides child health assistance or pregnancy-related assistance 7as defined in section #baab7 to an individual who is #ai years of age or older1 such assistance shall include coverage of vaccines described in section #aije7;a77#ac77;,b7 and their administration4 4 7#b7 ,no cost-sharing for vaccinations ,section #bajc7;e77#b7 of such ,act 7#db ,u4,s4,c4 #acig;cc7e77#b77 is amended by inserting vaccines described in subsection 7c77#ab7 7and the administration of such vaccines71 after in vitro diagnostic products described in subsection 7c77#aj7 7and administration of such products714 7c7 ,effective date ,the amendments made by this section take effect on the #ast day of the #ast fiscal quarter that begins on or after the date that is #a 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 7#db ,u4,s4,c4 #acif through #acifw-#f7 or under a ,state child health plan or waiver of such plan under title ,,xxi of such ,act 7#db ,u4,s4,c4 #acig;aa through #acigmm7 on or after such effective date4 ,j ,supplemental ,security ,income for the ,territories #acajja4 ,extension of the supplemental security income program to ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 and ,american ,samoa 7a7 ,in general ,section #cjc of the ,social ,security ,amendments of #aigb 7#hf ,stat4 #adhd7 is amended by striking subsection 7b74 7b7 ,conforming amendments 7#a7 ,definition of state ,section #aaja7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acja7;a77#a77 is amended by striking the #eth sentence and inserting the following3 ,such term when used in title ,,xvi includes ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 and ,american ,samoa44 7#b7 ,exemption of ,,ssi payments from limit on total payments to the territories ,section #aajh7;a77#a7 of such ,act 7#db ,u4,s4,c4 #acjh7;a77#a77 is amended by striking under titles ,i1 ,x1 ,,xiv1 and ,,xvi4 7#c7 ,united ,states nationals treated the same as citizens ,section #afad7;a77#a77;,b7 of such ,act 7#db ,u4,s4,c4 #achb;c7a77#a77;,b77 is amended-- 7,a7 in clause 7i77,i71 by inserting or national of the ,united ,states1 after citizen2 7,b7 in clause 7i77,,ii71 by adding 2 or at the end2 and 7,c7 in clause 7ii71 by inserting or national after citizen4 7#d7 ,territories included in geographic meaning of ,united ,states ,section #afad7;e7 of such ,act 7#db ,u4,s4,c4 #achb;c7e77 is amended by striking and the ,district of ,columbia and inserting 1 the ,district of ,columbia1 ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 and ,american ,samoa4 7c7 ,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 ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 or ,american ,samoa1 to the extent that the ,commissioner deems it necessary in order to adapt the program to the needs of the territory involved4 7d7 ,effective date ,this section and the amendments made by this section shall take effect on ,january #a1 #bjbd4 ,passed the ,house of ,representatives ,november #ai1 #bjba4;,cheryl ,l4 ,johnson1,clerk4 ,august #c1 #bjbb,read the second time and placed on the calendar